Cumby City Council Regular Meeting Agenda April 14, 2020 6:30 p.m.  City Hall - 100 East Main Street, Cumby, Texas  Public Link flow=3 I. II.  htps/www.youtubeconlchamne/UCAFB4BMWhmcVag.GniJl4w?guided help  Call to Order Establish quorum  III. Invocation IV. Pledge of Allegiance V. Reports  A. Police Department B.M Maintenance Department C.F Fire Department VI. Consent Agenda  A. Approve minutes of February 11, 2020 regular Meeting. B. Approve minutes of February 25, 2020 special meeting.  C. Approve February financials. D. Approve March financials.  VII. 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 organizations the chance to broaden their appeal by the timely publication of details of their programs and activities. To utilize this opportunity, members oft the public may contact the Mayor, City Secretary or City Council Members with details of their events or may appear at City Council Meetings and make their own announcements. Announcements" shall be limited to the recitation of facts about the subject events, congratulatory or approbative statements concerning service to the City or the community, and invitations to participation at various events. No deliberations concerning the details of  upcoming events shall be conducted  VIII. Presentation by Citizens (Please Limit To 2 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 two (2) minutes    for each speaker. Speakers making personal, unfounded, profane or slanderous remarks may be removed from the room. In accordance with the Open Meetings Act, the Mayor and Aldermen are restricted from discussing or acting on any items not listed on the agenda. Action can only be taken at a future meeting. When your name is called, please come to the front and state your name and address clearly before making your comments. Thank you for your  cooperation). X. Old Business  A. Discuss and consider possible action on City of Cumby employee  manual.  XI. New Business  A. Sharon Hart - discuss M & R lift station and streetlights being out since B. Discuss and consider possible action on establishment of a Court C. Discuss and consider possible action on City' Wide Clean-up. D. Discuss and consider possible action on appointment of Local Rabies Control Authority as required by Chapter 826 of the Texas Health and E. Discuss and consider possible action consenting to inclusion of the City of Cumby's territorial limits and extraterritorial jurisdiction within the proposed Hunt County Emergency Services District No. 1 as located F. Discuss and consider possible action on adopting Resolution 01-04- 2020 cancelling the special election to be held on May 2, 2020 for Alderman Place 1 and Alderman Place 2 due to the COVID-19 pandemic. G. Discuss and consider possible action on setting an amount that can be H. Discuss and consider possible action on the adoption of Ordinance 2020-04-01 authorizing law enforcement officers to perform traffic stops for any violation of executive order(s) issued by the Governor of the Discuss and consider possible action on approving the cost estimate from Hayter Engineering for the repair of the main sewer line on Depot J. Discuss and consider possible action adopting Resolution 02-04-2020 to  November. Security Committee.  Safety Code.  in Hunt County, Texas.  spent by city officials without council approval.  State of Texas declaring a state of disaster.  Street.  correct the name of the appointed auditor.  XII. Adjournment    Ifduring the course of the meeting, any discussion of any item on the agenda should be held in closed session, the Council will convene in such executive or closed session in accordance with the following: 1) VTCA Government Code 551.071 - Consultations with legal counsel concerning pending or threatened litigation or matters where counsel's duty to the City conflicts with the Open Meetings Act; 2) VTCA Government Code 551.072 - Deliberations regarding the purchase, sale, lease or exchange of real property; 3) VTCA Government Code 551.073 - Deliberations regarding prospective gifts or donations; 4) VTCA Government Code 551.074 - Deliberations regarding personnel of the City; 5)VTCA Government Code 551.076- Deliberations regarding the deployment of security devices or the implementation of security policy; and VTCA Government Code  551.087- - Deliberations regarding Economic Development negotiations.  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 April 9, 2020 at 4:30 p.m.  CoBemalk Codi Reynolds, City Secretary    MAINTENANCE REPORT  FOR THE MONTH OF FEBRUARY THE MAINTENANCE DEPARTMENT:  Completed 62 work orders Blew out 15 sewer mains Filled 7 potholes  Replaced 6 manual meters with radio meters  Fixed 2 water leaks and pumped out 1 lift station    MAINTENANCE REPORT  FOR THE MONTH OF MARCH THE MAINTENANCE DEPARTMENT:  Completed 50 work orders Filled 12 potholes Blew out 9 sewer mains Repaired 2 street signs Pumped out 1 lift station  Installed 1 new shutoff and replaced the bad tap    Feb 2020  MONTH JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC YTD  6 5 0 0 0 0 0 0 o 0 0 0 11  12 10 0 0 0 0 0 0 0 0 0 0 22  2 3 0 0 0 0 0 0 0 0 0 0 5  7 5 0 0 0 0 0 0 0 0 0 0 12  20 0 0 0 0 0 0 0 0 0 O 25  0 0 0 0 0 0 0 0 0 0 0 0  0 0 0 0 0 0 0 0 0 0 0 1  4 0J 0 0 0J 0 0 0 0 0 0 10    2 3 0 0 0 0 0 0 0 0 0 0 5  70.47 0 29.35 0 0.00 0 0.00 0 0.00 0 0.00] 0 0.00 0 0.00] 0 0.00 0 0.00 0 0.00 0 0.00] o 99.82    mar 2020  C 6 5 1 0 0 0 0 0 0 0 0 0 12  JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC YTD  12 10 10 0 o] 0 0 0 0 0 0 0 32  5 20 0 0 0 0 0 0 0 0 0 0 25  Z 3 2 0 0 0 0 0 0 0 0 0 7  L 0 0 0 0 0 0 0 0 0 0 0 1  7 5 4 0 0 0 0 0 0 0 0 0 16  4 4 0 0 0 0 0 0 0 0 0 14  0 0 0 0 0 0 0 0 0 0 0    4 3 5 0 0 0 0 0 0 0 0 0 10  0 70.47 O 29.35] 0 36.18 0 0.00] 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 136.00    Regular Meeting Minutes oft the City Council oft the City of Cumby  Tuesday, February: 11, 2020 Cumby City! Hall  PRESENT:  Doug Simmerman Betty McCarter Julie Morris  Guy Butler  I. II.  Mayor Pro Tem Doug Simmerman called the meeting to order at 6:30p.m.  Invocation and Pledge of Allegiance Citizens in attendance. III. Announcements  Invocation was led by Deidra Maples and the pledge was recited by the mayor, Council, and  Mayor Doug Simmerman announced that he met with Public Management in regards to the grant for the lift station and we are getting closer to the start of the project. The Mayor also announced that he met with a representative from TRWA and they willl be assisting the City inl locating grants and things. The Cumby FFA will be hosting there annual dinner and auction on April 25, 2020 in the Cumby ISD cafeteria. Dinner: starts at 5:00 p.m. and auction  starts at 6:00 p.m.  IV. Citizens addressed the council.  Kyle Pettit asked if the severe risk of breach had been fixed. Paul Robertson, Chief of Police read the report from the CJIS audit and The Cumby Police Dept. is in compliance and was commended fori its audit compliance. Doug Simmerman stated that the admin side is in the Juan Chinchilla addressed the council about his customers concerns for getting water. Ryan Horne addressed the council as to what is being done in response to the articles published by the News Telegram. He asked ift the city will be moving forward and how does  process of being completed.  the city plan to right those wrongs.  V.  Reports  A. Paul Roberts submitted the Police Department report. B. Mayor Doug Simmerman submitted the Maintenance report. David Weatherbee submitted the Fire Department report.  VI. Consent Agenda    A. Approve minutes oft the January 14, 2020 regular meeting  Julie Morris motioned to approve the minutes and Betty McCarter: seconded the motion.  The motion passed 3-0. B.  Approve. January financials  Betty McCarter motioned to approve the December financials and Guy Butler seconded  the motion. The motion passed 3-0.  VII. Old Business  A. The Council discussed the employee handbook. Betty McCarter had several questions such as Do we keep copies of driver licenses in the employee file? Does the employee need their birthday as a holiday? Ifay verbal warning is given can we keep documentation in the employee file? Drug testing in the event of an accident? As well as paying for the employee to take classes and obtain licenses. The council tabled until next month's meeting. There was no action taken at this time. B. Julie Morris motioned to approve Ordinance 2020-02-02 amending ordinance 2010- 41 for Mobile Homes and HUD-code Manufactured Homes in the Cityl limits. Guy  Butler seconded the motion. The motion passed 3-0.  VIII. New Business  A. Julie Morris motioned to approve Resolution 2020-2-2 adopting necessary civil rights and fair housing policies. Betty McCarter seconded the motion. The motion B. Guy Butler motioned to approve Resolution 2020-2-3 designating authorized signatories for the CBDG grant. Julie Morris seconded the motion. The motion D. Betty McCarter motioned to approve Resolution 2020-2-4 amending its previous resolution calling for a special election toi fill a city council vacancy for Alderman, Place 1,1 to be held on May 2, 2020, making provisions toi for the conduct of the special election, authorizing a contract with Hopkins County to furnish election services and equipment. Guy Butler seconded the motion. The motion passed 3-0. E. Betty McCarter motioned to approve Resolution 2020-2-5 amending its previous resolution calling for a special election to fill a city council vacancy for Alderman, Place 2, to be held on May 2, 2020, making provisions toi for the conduct of the special election, authorizing a contract with Hopkins County toi furnish election services and equipment. Guy Butler seconded the motion. The motion passed 3-0. F. The council discussed partnering with the school district for the May 2, 2020 election. Superintendent Shelly Slaughter stated that Hopkins County has agreed to rent to us the equipment and services to hold our own election. We will know more once the school board decides on the bond at the meeting being held on Thursday, February 13, 2020 at 7:00 in the High School library. The council will readdress at  passed 3-0. passed 3-0.  the next meeting.    G. Betty McCarter motioned to approve al book exchange box to be built and located at City Hall. Doug Simmerman stated that he can donate lumber. Aaron Reynolds has volunteered to build it. Shelly Slaughter will talk with the Ag teacher about possibly having the ag class build and donated. Julie Morris seconded the motion. The H. Betty McCarter motioned to designate a city activities committee. This committee will help plan events for the city of Cumby. The first event would be an Easter egg hunt on April 11, 2020. Julie Morris seconded the motion. The motion passed 3-0.  motion passed 3-0.  IX. Entered into Executive Session  The City Council oft the City of Cumby entered into Executive Session (Closed Meeting) at 7:23 p.m. pursuant to the provisions of Chapter 551, Subchapter D, and Texas Government  Code, to discuss the following: B. Discuss personnel Exited Executive Session  A. Discuss and Consider possible action ont the appointment of city. judge.  X.  The City Council of the City of Cumby reconvened into Regular Session (Open Meeting) at 7:53 p.m. pursuant to the provisions of Chapter 551, Subchapter D, and Texas Government  Code, to discuss the following:  A. Guy Butler motioned to appoint Lana Adams as city. judge. Julie Morris seconded  the motion. The motion passed 3-0. B. No action was taken  XI. Mayor Doug Simmerman adjourned the meeting at 7:54 p.m.  Approve:  Attest:  Doug Simmerman, Mayor Pro Tem  Codi Reynolds, City Secretary    OLICE EE EUMY 1856  CUMBY POLICE DEPARTMENT  100E. Main St. Cumby, TX 75433 Activity Report for January 2020  Calls for Service-- Citations Issued- Warning Issued- Crash Reports- Incident Reports-- Offense Reports-- Arrest made-  378 255 146 3 3  4) Warrant Arrest 1Evading Arrest 1R Reckless Driving 1P Poss. CS Drugi in al Free Zone    MAINTENANCE REPORT  FOR THE MONTH OF JANUARY THE MAINTENANCE DEPARTMENT:  COMPLETED 31 WORK ORDERS  REPAIRED 2 LEAKS BLEW OUT2 SEWERS FILLED 1 POTHOLE  INSTALLED 2 NEW METERS REPAIRED 2 STREET SIGN    a CITY  E COUNTY  u ACREAGE  N GRASS FIRE o CAR FIRE  1 STRUCTURE FIRE  MEDICAL  a MVA  N INVESTIGATION, /STANDB BY  o WATER USAGE  MAN/HOURS    Special Meeting Minutes of the City Council oft the City of Cumby  Tuesday, February 25, 2020 Cumby City Hall  PRESENT:  Doug Simmerman Betty McCarter Julie Morris  Guy Butler  I. II.  Mayor Pro Tem Doug Simmerman called the meeting to order at 6:03p.m.  Invocation and Pledge of Allegiance Citizens in attendance III. New Business  Invocation was led by Deidra Maples and the pledge was recited by the mayor, Council, and  A. Mayor Doug Simmerman stated that we had 3 options with Cash Special Utility District. Thei first option would be having Cash totally supply water. Mayor Simmerman said that this is an option he is not looking to explore. The second option would be to have Cash help supplement the city's volume. Thei third option is having Cash there for emergency situations only. Lisa Hart stated to the council that we are at our capacity. By law when a city reaches 85% oft their capacity they are required to do something to correct it. We are at 89%. Lisa Hart stated we cannot add anymore new meters at this time. The wells are about due to be calibrated which will give us more accurate numbers. She also said we can apply fora a reduction with TCEQ but by doing sO the city would not be able to annex or expand. Mayor Simmerman stated that he is just trying to find the best option for Cumby and make sure the city doesn't go without water. Cumby is going to see growth coming and we need to be on top ofi it. Betty McCarter wants to know what the cost isg going to be. Mayor Simmerman said that engineering costs willi incur to determine where we are. Betty McCarter motioned to approve pursuing a connection with Cash Special Utility District for emergency situations and providing possible additional water supply.. Julie Morris seconded the motion. The motion passed 3-0.  IV. Mayor Doug Simmerman adjourned the meeting at 6:43 p.m.  Approve:  Attest:  Doug Simmerman, Mayor Pro Tem  Codi Reynolds, City Secretary    9:11 AM 04/07/20 Accrual Basis  City of Cumby Balance Sheet As of February 29, 2020  Feb_2 29,20  ASSETS Current Assets Checking/Savings Pending Seizure Account General Bank Accounts Arson General Operating Municipal Court Security Municipal Court State Fees Municipal Court Technology Parks & Recreation Police Training Seizure 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  2,500.00 * 403.41 3,288.56 2,993.62 55,675.35 839.42 959.87 1,034.26 3,512.41 -454.39 68,252.51 304.18 426.65 4,104.48 11,175.59  16,010.90 86,763.41    9:18AM 04/07/20 Accrual Basis  City of Cumby Profit & Loss February 2020  Feb20  Ordinary Income/Expense Income Subdivision Fees- PD Fines Service Fee Collected Fines Other Total Fines Interest Earned Permits/Registrations Public Safety Department Accident Report Training Total Public Safety Department Tax & Franchise Fees Property Reduction Sales Tax Property Tax Sales Tax Street Sales Tax Total Tax & Franchise Fees Water- Sewer Water- Sewer Adjustments Garbage Revenue Late Fee Sales Tax Collected Service Fee Collected Sewer Revenue Water Revenue Total Water Sewer Water Deposit Total Income Expense Chargeback Administration Reimbursement for Travel/Gas Office Expense Mayor/Council Monthly Fee Professional Fees Public Notice Technology Telephone Utilities Total Administration Mayor & Council Mayor & Council Expense Total Mayor & Council Municipal Court Collection Service Fee Judge Office Expense Security Telephone Total Municipal Court  300.00 18.01 60,912.53 60,930.54 1.68 500.00 6.00 907.41 913.41 1,728.83 15,804.86 6,915.64 1,728.83 26,178.16 -0.91 4,452.59 971.86 342.62 473.67 6,053.12 15,725.52 28,018.47 650.00 117,492.26 185.28 131.98 42.00 225.00 2,295.16 896.45 837.00 345.33 3,266.52 8,039.44 150.00 150.00 468.71 300.00 129.20 209.95 124.99 1,232.85  Page 1    9:18A AM 04/07/20 Accrual Basis  City of Cumby Profit & Loss February 2020  Feb20  Payroll Expenses Public Safety Police Department Auto Repair & Maintenance Fuel Uniforms Total Police Department Total Public Safety Public Works Street Lights Street Repair Total Public Works Water/Sewer Mowing Vehicle Purchase Garbage Collection Fee Maintenance Office Supplies Operating Supplies Postage Software Testing Utilities Total Water/Sewer Total Expense Net Ordinary Income Net Income  39,253.04  647.43 2,328.24 750.23 3,725.90 3,725.90 555.41 421.60 977.01 2,000.00 516.62 4,291.64 7,880.02 125.53 1,093.47 150.85 5,400.00 110.00 26.03 21,594.16 75,157.68 42,334.58 42,334.58  Page 2        ?4        9:10A AM 04/07/20 Accrual Basis  City of Cumby Balance Sheet As of March 31, 2020  Mar 31,20  ASSETS Current Assets Checking/Savings Pending Seizure Account General Bank Accounts Arson General Operating Municipal Court Security Municipal Court State Fees Municipal Court Technology Parks & Recreation Police Training Seizure 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  2,500.00 403-46" 3,938.48 4,184.44 122,356.46 1,689.96 959.87 1,034.26 1,862.46 -454.39 135,975.00 304.18 426.65 4,074.65 15,576.80  20,382.28 158,857.28    9:18 AM 04/07/20 Accrual Basis  City of Cumby Profit & Loss March 2020  Mar 20  Ordinary Income/Expense Income Subdivision Fees -PD Fines Insurance Interest Earned Permits/Registrations service fee collected emisPegatntons-ohar Total Permits/Registrations Tax & Franchise Fees Property Reduction Sales Tax Property Tax Street Sales Tax Total Tax & Franchise Fees Water- Sewer Water- Sewer Adjustments Garbage Revenue Late Fee Sales Tax Collected Service Fee Collected Sewer Revenue Water Revenue Water- Sewer- Other Total Water- Sewer Total Income Expense Administration Reimbursement for Travel/Gas Legal Fees Mayor/Council Monthly Fee Office Supplies Professional Fees Property Tax Fees Telephone Utilities Total Administration Mayor & Council Mayor & Council Expense Total Mayor & Council Municipal Court Collection Service Fee Convience Fee Security Telephone Total Municipal Court Payroll Expenses Public Safety Police Department Auto Repair & Maintenance Equipment Fuel Maintenance  360.00 142,123.45 3,406.94 2.39 2.58 200.00 202.58 1,400.53 6,644.56 1,400.53 9,445.62 -1.84 4,665.41 660.01 368.10 397.20 6,674.22 13,399.47 964.36 27,126.93 182,667.91 89.56 1,400.50 225.00 521.43 5,000.00 350.82 1,653.48 413.42 9,654.21 150.00 150.00 8,140.83 404.74 160.00 486.76 9,192.33 39,758.36  4,177.72 480.00 2,567.75 1,189.00  Page 1    9:18 AM 04/07/20 Accrual Basis  City of Cumby Profit & Loss March 2020  Mar 20 347.69 8,762.16 8,762.16 171.07 46.56 172.50 390.13 2,000.00 516.62 1,023.59 29.97 86.49 8,981.40 2,988.64 581.60 446.78 150.85 220.00 800.00 748.80 3,333.34 21,908.08 89,815.27 92,852.64 92,852.64  Uniforms Total Police Department Total Public Safety Public' Works Street Lights Street Signs Street Repair Total Public Works Water/Sewer Mowing Vehicle Purchase Chemicals Deposit Refund Equipment Repairs Garbage Collection Fee Maintenance Office Supplies Operating Supplies Postage Seminars/Training Software Uniforms Utilities Total Water/Sewer Total Expense Net Ordinary Income Net Income  Page 2                COURT SECURITY  Court Security is mandated by law S.B. 42, Effective September 2017. The law required a Security Committee, chaired by the Presiding Judge, and is meant to establish policies necessary to provide adequate court security. Court Security Officers are required to hold a court security certification that  must be completed by September 01, 2019. The current Court Security Committee includes:  Judge: Lana Adams Mayor: Doug Simmerman Court Clerk: : Quanah Wright Baliff:. Jeff Hundley and Paul Robertson  City Attorney:. Jay Garrett Police Chief: Paul Robertson City Secretary: Cody Reynolds Court Clerk: Vacant  I.  COURT SECURITY PROCEDURE:  When entering the courtroom door, you willl be cleared by the Bailiff: No objects that could be deemed  to be a weapon are allowed int the courtroom. Proper court attire is required.  II.  POLICY  )  Proper security decorum in the Municipal Court are necessary fori the administration of justice and the protection of Court personnel and the public. Regardless of the level of offense, Court hearings can be  emotionally charged and decorum must be maintained.  III. PURPOSE Municipal Court.  The purpose of this policyi is to establish guidelines and procedures for the decorum and security of the  IV. ORGANIZATION AND STAFFING  When Court is in session, the Police Department will furnish security. An officer will be assigned as Bailiff when court is in session. Only an officer that has been trained in Bailiff Operations should serve  as the Bailiff for court.    V. OPERATIONS  A) The assigned Bailiff, who must attend all sessions oft the Court unless dismissed by the. Judge, 1. Tos see that all defendants, witnesses, and observers are quiet and respectful during Court 2. To explain Court procedures to defendants and witnesses, and to answer questions 3. To enforce the rules of the Court (posted at the entrance of each Courtroom) and 4. Tor maintain proper procedures during jury trials, maintain the security oft the. Jury Room, B) During. judiciary proceedings, the assigned Bailiff may be directed by the Presiding Judge to place an individual under arrest. Whether or not to use physical restraints for such arrests is C) High Risk persons brought to the Courtroom may be restrained as directed by the. Judge. The D) The Bailiff also ensures the security of the Court operations byt thet following: 1. Conducting inspections of the duress alarms prior to thet time Court convenes. 3. Conducting a physical inspection oft the Courtroom prior to each session and afteri the last 4. Being familiar with the daily schedules of the Judge in case special securities are  has the following duties: proceedings.  before each session of Court.  preserve order and decorum while the Courti is in session. and see to the needs ofj jurors and witnesses.  at the discretion and direction oft the Presiding. Judge. Bailiff carries handcuffs during Court sessions. 2. Conducting inspections of the fire equipment  session of each day. warranted.  VI. COURT SECURITY PLAN A) Facilities and equipment Courtroom.  1. The Municipal Court Judge and Court Clerk have access to a telephone located in the  2. The Bailiff is equipped with a portable police radio. 3. Aduress alarm is installed at the. Judge's bench. 4. Afire extinguisher is maintained in the Courtroom. 1. The Courtroom is free of weapons and contraband; 2. The duress alarms and telephones are iny working order; 4. All public entrances are open and free of obstructions; and 5. All communication equipment is in working order. are: seated, or when the Courtroom is empty.  B) Pre-Session inspection. The Bailiff arrives 30 minutes before the Court convenes and  determines that:  3. Lightingisa adequate and emergencyl lights can be: activated int the event ofap power failure;  Courtroom Operations  1. Prisoners are brought into or taken out of the Courtroom only after all persons present 2. The Bailiff remains in thel hallway at all times unless otherwise directed by the. Judge.    3. Bailiffs and Peace Officers are the only persons authorized to carry weapons in the Courtroom. Ifthe Bailiff believes a person may be carrying a weapon, al hand-held metal detector may be used to conduct as search. Ap person who refuses a search in this manner 4. Contraband taken into the Courtroom for evidence purposes remains int the possession 5. Att the discretion oft the Presiding. Judge, or at the discretion of the Bailiff, briefcases and 1. Int the event of an unusual occurrence, the Bailiff or ranking police officer assumes control and requests additional police, fire, or medical assistance as the circumstances require. b) All requests for medical assistance or additional security are called in to 9-1-1 or to c) Int the event of a medical emergency, the. Judge orders all proceedings stopped. d) If the medical emergency involves a person who is in custody, the Bailiff maintains security, and requests medical assistance and additional police officers. e) If the medical emergency involves a Court participant or spectator, the Bailiff maintains security of any prisoners that are present and provides any assistance possible. The Bailiff contacts the dispatch center via radio (or most appropriate available means) and requests the proper assistance. f) Ifother Police Officers are present, the ranking officer assumes control and directs the actions of the Bailiff, responding officers, and other personnel. g) The City's Fire Department ambulance service or first responders provide emergency h) The Bailiff is responsible for all police reports necessitated by a medical emergency. a) Before the Court convenes, the Bailiff conducts a physical inspection to ensure that b) In the event of a fire in the Courtroom or Police Department complex, the Bailiff c) Those persons present in the Courtroom are instructed to exit through the nearest exit door and out the building through the nearest public entrance or exit. d) All calls for fire emergencies are made directly to the dispatch center. e) Af fire evacuation chart is posted at the rear of the Courtroom neart the exit. a) In the event of a bomb threat, the Bailiff notifies Police Dispatch immediately. No c) The Bailiff ensures that the Court Administrator is notified of the situation.  must leave the Courtroom.  oft the testifying officer unless otherwise directed by the. Judge.  purses may be searched. D) Unusual Occurrences  2. Medical emergencies int the Courtroom a) AF First-aid kiti is kept in the booking area.  the dispatch center.  medical service. 3. Fire Evacuation Plan  all doors arei functioning and free of obstructions. assumes control of the Courtroom evacuation.  4. Bomb Threats  portable radios or phones are to be used. b) The Bailiff evacuates the Court. a) The. Judge sounds the duress alarm. evacuates and secures the area. tactical personnel. 6. High Risk Trials  5. Hostage Situations  b) The Bailiff notifies Police Dispatch, attempts to isolate the actor(s), and if possible, c) Field personnel are dispatched to establish and secure a perimeter until arrival of    a) Persons in custody are not normally brought to the Court Building, and trial defendants are not in police custody; however, if a trial or arraignment should pose a possible threat to the Judge, Jury or participants in a proceeding, the Judge or b) If the. Judge deems a trial to be high risk, the Bailiff consults with the Chief of Police a) A prisoner being moved from the holding facility to the Courtroom is taken through the Courtroom entrance. Normal foot traffic is halted until the prisoner is in the b) All adult prisoners are restrained during the movement to and from the Courtroom. For short distances, detainees are handcuffed with hands behind the back until seated in the Courtroom. Juveniles are not normally handcuffed unless they present c) Handicapped persons may be restrained as appropriate to the circumstances. d) Once the person is in the Courtroom, the Bailiff removes the restraints before the  prosecutor notifies the Bailiff toi take additional precautions. and assesses the need for further staffing.  7. Prisoner Handling  Courtroom.  ahigh risk of injury or extreme aggression.  Jury enters.  e) The Bailiff replaces the restraints after the. Jury departs. f) The Bailiff maintains a set of handcuffs on his/her person.  g) The Bailiff returns prisoners to the holding facility if their removal is for an extended h) All prisoners are searched prior to their Court appearance and upon their return to  time. the holding facility.  VII. ANNUAL REVIEW OF COURT OPERATIONS  A) An assigned Bailiff and the Court Administrator conduct an annual security inspection oft the Municipal Courtf facilities. Ifastructural change int the building occurs, an additional inspection is required. The inspection includes, but is not limited to, the existence, adequacy, and working condition of alarms, communications equipment, fire extinguishers, medical emergencyitems, meremylptpurseteren lighting, emergency exits,ande emergency B) The assigned Bailiff and Court Administrator also review the fire evacuation and other A copy of thei inspection report and description of the training is forwarded to the Municipal  evacuation plan.  emergency operations plans with all Court employees. Court. Judge andi the Chief of Police.    TEXAS Health and Human Services  Texas Department of State Health Services  John Hellerstedt, M.D. Commissioner  March 1, 2020  County or Municipality Representative:  Chapter 826 of the Texas Health and Safety Code requires each county and municipality to appoint a Local Rabies Control Authority (LRCA) for the purposes of administering the state laws and rules, and any local ordinances and rules pertaining to rabies control. I have included ac copy of the Texas Health and Safety Code's 826 - Rabies and the Rules of the Board of Health for Rabies Control and Eradication (Sections 169.21-169.34) which explain the requirement and appointment of a Local Rabies Control Authority. I have also enclosed a one- page description summarizing the duties and responsibilities of a Local Rabies Control  Authority.  The LRCA is very important for rabies control in a community, and this individual is the primary contact person when dealing with animal bites and rabies control matters. It is essential for an effective rabies control program that the LRCA be knowledgeable about his/her responsibilities and the laws pertaining to rabies control. We encourage LRCAS to attend training courses and seminars relating to animal control and rabies. I have enclosed a registration form for the LRCA Training Course that will be held on Thursday, May 7, 2020 in Tyler, Texas. Please notify me in writing of the person selected to serve as LRCA for your. jurisdiction. In addition, please fax the completed registration form to the Zoonosis Control program at (903) 533-9502. If you have further questions, please feel free to telephone me at (903)533-5212.  Sincerely,  b  Brent Moore, DVM, DACVPM Zoonosis Control Veterinarian Public Health Region 4/5 North 2521 W. Front Street e Tyler, Texas 75702  Enclosure:  1. Local Rabies Control Authority Designation Form 2. Duties of a Local Rabies Control Authority 3. LRCA Training Course Registration Form  4. Texas Health & Safety Code's Chapter 826 (Sections 169.21-169.34)  P.O. Box" 149347 Austin, Texas 78714-9347 - Phone: 888-963-7111 TTY: 800-735-2989 . dshs.texas.gov    LOCAL RABIES  CONTROL AUTHORITY  The designates  of  (governing body)  (city or county) as the Local Rabies Control  (job title or name)  Authority (LRCA) for the purposes of the RABIES CONTROL ACT OF 1981.  This appointment became effective AUTHORIZING PERSON'S NAME (print):  (date)  AUTHORIZING PERSON'S TITLE (Mayor/County Judge): AUTHORIZING PERSON'S SIGNATURE:  Please print the name and contact information of the appointed individual:  NAME: AGENCY: STREET ADDRESS: MAILING ADDRESS: CITY/ISTATEIZIP: JOB TITLE: TELEPHONE: FAX:  E-MAIL ADDRESS:  A copy of this form can be sent to: Texas DSHS - Region 4/5N Zoonosis Control 2521 W. Front Street Tyler, TX75702 Fax: (903) 533-9502    Duties of a Local Rabies Control Authority  Purpose: References: Designation:  To define the duties and responsibilities of the designated Local Rabies Control Authority under the Rabies Control Act. Health and Safety Code, Chapter 826, Rabies. Texas Administrative Code, Rabies Control and Eradication $169.21-169.34. Local Rabies Control Authorities (LRCA) must be designated by the commissioner's court of each county or the governing body of a municipality. The LRCA may be the local health authority, animal control officer, peace officer or some other appropriate entity. county or municipality pertaining to rabies control.  Responsiblilities: To enforce the state law and rules and local ordinances or rules of the  Duties:  a. b. C.  Investigate every animal bite and other potential rabies exposure to al human. In the investigation ascertain who, what, when, where, why and how. Also check the status of Ensure domestic dogs, cats and ferrets that bite someone are observed for ten (10) days or are humanely destroyed without damage to the brain and submitted for rabies testing. Contract or establish where the animals under jurisdiction will 1. Department of State Health Services-approved facility 3. Home confinement per Texas Administrative Code Upon quarantine or destruction of an animal for rabies testing, notify the bite victim, the victim's doctor, and the owner of the Ensure the bite victim, the victim's doctor, and the animal's owner are notified upon release from quarantine or a negative Upon receiving a positive rabies result, notify the bite victim, the victim's doctor, the animal's owner, the person removing the head, the animal control officer who quarantined the animal and anyone else who handled the animal. Observe animals in quarantine for signs of sickness or rabies (required for home confinement or delegated to quarantine Ensure that dogs and cats are current on their rabies vaccination before releasing from quarantine. Ensure high-risk animals (coyotes, skunks, bats, foxes and raccoons) are humanely destroyed and the heads submitted Have low-risk animals (opossums, shrews, moles, squirrels, gophers, mice, rabbits, rats, and armadillos) humanely destroyed and submitted for rabies testing only if you have cause to believe that the animal was rabid. Suitably confine for thirty (30) days any animal not classified as a domestic dog, cat or domestic ferret; high-risk; or low-risk OR humanely destroy the animal and submit its brain for Ensure that the head of any animal which is destroyed for rabies testing is properly removed by a qualified person, packed, and shipped in accordance with DSHS guidelines (except bats, which can be submitted whole).  the animal's rabies vaccination.  be quarantined: 2. Veterinary clinic  d. e. f. g. h. i.  animal.  result from rabies testing.  facility and/or veterinarian).  for rabies testing.  k.  testing.    Local Rabies Control Authority (LRCA) Training Continuing Education provided by the Department of State Health Services Region 4/5N Zoonosis Control  What: Who:  Local Rabies Control Authority (LRCA) Training The appointed Local Rabies Control Authority and/or LRCA representative who are outlined in the Texas Health and Safety Code and Texas Administrative Code for protecting the public  from rabies.  When: Where:  Thursday, May 7, 2020 from 8:00 a.m. - 5:00 p.m. The University of Texas Health Science Center at Tyler 11937 US Hwy 271 - Ornelas Ampitheater 3rd floor  Tyler, Texas 75708  Animal Control Officers and Professional Sanitarians can earn up to 6 Continuing Education  hours. There is no registration fee.  Local Rabies Control Authority (LRCA) Training Please Print when completing Registration form  Name: Date of Birth: Agency Name: Mailing Address: City: Phone: Email:  Zip:  Fax:  Fax Completed form to: (903)533-9502 OR Email to: lexandro.chavragdshs.texas.gow  OR Mail to: Texas Department of State Health Services - Region 4/5N Zoonosis Control  2521 W. Front Street, Tyler, Texas 75702  Registration deadline is May1 1,2020. For more information call: (903)533-5212    TEXAS. ADMINISTRATIVE CODE TITLE 25. HEALTH SERVICES PARTI) DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 169. ZOONOSIS CONTROL RABIES CONTROL AND ERADICATION  $169.21. Purpose.  The purpose ofthis subchapter is to protect public health by establishing standardized rules for the control and eradication ofrabies int the State ofTexas, in accordance with the Texas Health The provisions of this $169.21 adopted tol be effective April 1, 1980, 5 TexReg 812; amended tol be effective. July 12, 1998, 23 TexReg 7224; amended to be effective December 20, 2007,32T TexReg 9341; amended to be effective  and Safety Code, Chapter 826. March: 31, 2013, 38 TexReg 1994 $169.22. Definitions.  The following words and terms, when used ini this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Unless defined in this section, all words have  definitions as provided ini the Texas Health and Safety Code, $826.002. ()Animal-Any mammal, domesticated or wild.  (2) Assistance animal--An animal that is specially trained or equipped to help aj person  with a disability and that:  (A)is used by aj person with a disability who has satisfactorily completed a (B) has been trained by an organization generally recognized by agencies  specific course oftraining in the use oft the animal; and  involved in the rehabilitation of persons with disabilities as reputable and competent toj provide  animals with training oft this type.  (3)Cat-Any domestic cat, excluding hybrids. and people, except for contact necessary for its care.  ()Confinement-The restriction of an animal to an area, in isolation from other animals (5) Currently vaccinated-Vacinated and satisfying all the following criteria.  (A) The animal must have been vaccinated against rabies with a vaccine licensed  by the United States Department of Agriculture (USDA) for that species at or after the minimum age requirement and using the recommended route of administration for the vaccine.  (B). At least 30 days have elapsed since the initial vaccination.  (C) The time elapsed since the most recent vaccination has not exceeded the  recommended interval for booster vaccination as established by the manufacturer.  Zoonosis Control - 1/14  Chapter 8261 Rules-1    (6) Custodian--A person or agency which feeds, shelters, harbors, owns, has possession  or control of, or has the responsibility to control an animal.  Department-The Department of State Health Services. (8)I Dog--Any domestic dog, excluding hybrids.  (9). Domestic animal--Any animal normally adapted to live ini intimate association with  humans or for the advantage ofhumans.  (10) Domestic ferret--Any Mustela putorius furo.  @)Euthanatize-To cause the death of an animal implementing a technique that is in accordance with the methods, recommendations, and procedures prepared by the American Veterinary Medical Association (AVMA) and set forth in the latest edition oft the. AVMA  Guidelines on. Euthanasia and:  (A)rapidly produces unconsciousness: and death with minimal pain or distress; or (B) utilizes anesthesia produced by an agent that causes painless loss of  consciousness and death following such loss of consciousness.  (12)Health service region--A contiguous group of Texas counties, SO designated by the (13)High-risk animals--Those animals which have al high probability oftransmitting (14) Housing facility--Any room, building, or area used to contain a primary enclosure or  Executive Commissioner oft the Health and Human Services Commission. rabies; they include skunks, bats, foxes, coyotes, and raccoons.  enclosures.  (15)Hybrid--Any offspring of two animals of different species.  (16) Impoundment-The collecting and confining of an animal by a government entity or (17) Impoundment facility--An enclosure or a structure in which an animal is collected or confined by a government entity or government contractor pursuant to a state or local ordinance. (18)Local rabies control authority--The officer designated by the municipal or county (19)Low-risk animals--Those animals which have a low probability oft transmitting rabies; they include all animals of the orders Didelphimorphia, Insectivora, Rodentia,  government contractor pursuant to a state or local ordinance.  governing body under the Texas Health and Safety Code, $826.017.  Lagomorpha, and Xenarthra.  Chapter 8261 Rules-2  Zoonosis Control -1/14    (20) Observation period - The time following aj potential rabies exposure during which the health status oft the animal responsible for the potential exposure must be monitored. The observation period for dogs, cats, and domestic ferrets (only) is 10 days (2401 hours); the observation period for other animals, noti including those defined as high risk, unless otherwise specified in $169.27 ofthis title (relating to Quarantine Method and Testing), or low risk, is30 days. All observation periods are calculated from the time oft the potential exposure.  (21) Police service animal--An animal as defined in the Texas Penal Code, $38.151. (22) Potential exposure--An incident in which an animal has bitten al human ori in which there is probable cause to believe that an animal has otherwise exposed al human to rabies; also  referred to as a potential rabies exposure.  (23) Primary enclosure--Any structure used to immediately restrict an animal or animals (24) Quarantine facility--A structure where animals are held for rabies observation. (25) Quarantine period--That portion oft the observation period during which an animal that has potentially exposed al human to rabies is under physical confinement for observation as  toa limited amount ofs space, such as a room, pen, run, cage, compartment, or hutch.  provided for in $169.27 ofthis title. disease-producing agents.  (26) Sanitize--To make visibly clean followed by the use ofa disinfectant to destroy (27) Suitable Specimen--For rabies testing, a whole bat or small rodent, al head with brain and brain stem intact, or a complete transverse cross section oft the brain stem and tissue from at  least one of the following: cerebellum and/or hippocampus.  (28) Unowned animal--Any animal for which a custodian has not been identified. (29) Vacinated-Properly administered by or under the direct supervision ofa veterinarian with a rabies vaccine licensed for use in that species by the USDA.  (30) Veterinarian--A person licensed toj practice veterinary medicine in the United States. (31)Zoonosis Control Branch--The branch within the department to which the  responsibility for administering these rules is assigned.  Thej provisions ofthis $169.22 adopted to be effective. April 1, 1980,5TexReg 812; amended tol be effectivel March 29, 1988, 13 TexReg 1337; amended tol be effective February 22, 1993, 18 TexReg 845; amended to be effective February 21, 1996, 21 TexReg 963; amended to be effective. August 21, 1996, 21 TexReg 7660; amended to be effective. July 12, 1998, 23 TexReg 7224; amended to be effective February 18, 2003, 28 TexReg 1389; amended to be effectivel March 19, 2003, 28 TexReg 2341; amended to be effectivel December 20, 2007,32 TexReg 9341;  amended tol be effective! March: 31, 2013, 38 TexReg 1994  Zoonosis Control- - 1/14  Chapter 8261 Rules-3    $169.23. Information Relating to the Control of Rabies.  The department's Zoonosis Control Branch will assume the responsibility ofo collecting, analyzing, and preparing monthly and annual summaries ofr rabies activity ini the state. These reports will be forwarded to national, state, and municipal agencies as requested, and selected statistics will be sent to veterinary medical and animal control organizations throughout the state. The provisions of this $169.23 adopted tol be effective April 1, 1980, 5TexReg 812; amended to be effective March 5, 1982,71 TexReg 744; amended tol be effectivel March 29, 1988, 13 TexReg 1337; amended to be effective February 22, 1993, 181 TexReg 845; amended tol be effective February 21, 1996, 21 TexReg 963; amended tol be effective. July 12, 1998, 23 TexReg 7224; amended to be effective December 20, 2007, 32 TexReg 9341; amended  tol be effective March 31,2013,38 TexReg 1994 $169.24. Preexposure Rabies Vaccination.  Preexposure rabies vaccinations should be administered to individuals whose activities place them at a significant risk of exposure to rabies, in accordance with the recommendations ofthe Centers for Disease Control and Prevention (CDC). Advisory Committee on Immunization The provisions ofthis $169.24 adopted to be effective April 1, 1980,5TexReg 812; amended to be effective March 29, 1988, 13 TexReg 1337; amended tol be effective February 22, 1993, 18TexReg 845; amended to be effective July 12, 1998, 23 TexReg 7224; amended to be effective December 20, 2007,32TexReg! 9341; amended tol be  Practices (ACIP).  effective) March: 31,2013,381 TexReg 1994  $169.25. Reports of Human Exposure to Rabies.  (a) Any person having knowledge ofa potential rabies exposure to a human will report the incident to the local rabies control authority as soon as possible after the incident. This requirement does not apply to contacts with low-risk animals as defined in $169.22 ofthis title  (relating tol Definitions).  (b) The custodian of an animal that has potentially exposed a person to rabies will place that animal in quarantine or submit it for testing as prescribed in $169.27 oft this title (relating to  Quarantine Method and Testing).  (c) The local rabies control authority will investigate each potential rabies exposure and The provisions of this $169.25 adopted to be effective April 1, 1980, 5TexReg 812; amended to be effectivel March 5, 1982, 71 TexReg 744; amended to be effective March 29, 1988, 13TexReg 1337; amended tol be effective February 21, 1996, 21 TexReg 963; amended tol be effective December 20, 2007,32 TexReg 9341; amended tol be  assure appropriate resolution, in accordance with $169.27ofthis title.  effective. March: 31, 2013, 38 TexReg 1994  $169.26. Facilities for the Quarantining or Impounding of Animals.  (a) Generally.  (1) Structural strength. Housing facilities shall be structurally sound and shall be  maintained in good repair in order to protect the animals from injury, to contain them, and to  prevent transmission of diseases. Chapter 826) Rules-4  Zoonosis Control -1 1/14    (2) Water and electric power. Reliable and adequate electric power, ifr required to  comply with other provisions of these sections, and adequate fresh, clean water shall be  available.  (3) Storage. Supplies of food and bedding shall be stored in facilities which  adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. Non-perishable foods, such as dry food, do not require refrigeration. Open bags of non-perishable dry food should be sealed or stored in sealed cans, and unopened bags should be stacked on pallets or shelves with at least 12 inches of clearance between the floor and the first level to enable effective inspection and cleaning  practices.  (4) Waste disposal. Provision shall be made for the removal and disposal of  animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be sO provided and operated as to minimize vermin infestations, odors, and disease hazards. A suitable method shall be provided to rapidly and safely remove water and other liquid waste from housing facilities. Housing facilities should be designed to have animal excreta removed through sanitary sewers, septic systems, or garbage. All closed drainage systems should be equipped with traps, vents, and acceptable drain covers to exclude rodents and prevent any backup of sewer gas  and odors into the facility.  (5) Washrooms and sinks. Facilities for personal hygiene, such as washrooms, (6) Management. The manager ofa facility should be either an individual who has (7) Records. Records shall bel kept on each animal processed through the housing  basins, or sinks, shall be provided for employees.  satisfactorily completed an appropriate training course or a veterinarian.  facility. At a minimum, the records shall document the animal's description, impoundment date, disposition date, and method of disposition. Records shall be available for inspection by the  department.  (8)Heating. Adequate shelter shall be provided toj protect animals from any form  ofcold ori inclement weather and direct effects of wind, rain, or snow. Auxiliary heat or clean, dry bedding material shall be provided any time the ambient temperature falls below 50 degrees Fahrenheit (10 degrees Celsius) when animals are present. Ifs supplemental bedding material is used during cold weather, quantities should be adequate to prevent hypothermia as temperatures  drop.  (9) Cooling and Ventilation. Adequate shelter shall be provided to protect animals  from any form of overheating and direct rays oft the sun. Facilities shall be provided with fresh air either by means of windows, doors, vents, fans, or air conditioning and shall be ventilated SO as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as fans or air conditioning, shall be provided ini indoor facilities when the ambient temperature is 85 degrees  Fahrenheit (29.5 degrees Celsius) or higher when animals are present.  Zoonosis Control -1/14  Chapter 8261 Rules-5    (10) Lighting. Housing facilities shall have ample light of sufficient intensity to  permit routine inspection and cleaning. Primary enclosures shall be situated toj protect the  animals from excessive illumination.  (11)Construction. Housing facilities must be constructed in such a manner that  they will protect the animal and not create al health risk or public nuisance. The building surfaces shall be constructed and maintained sO that they are impervious to moisture and may be readily  sanitized. Floors shall be made of durable, nonabsorbent material.  (12)) Primary enclosures. Primary enclosures should be designed based upon  enclosure guidelines prepared by The Association of Shelter Veterinarians and set forth ini the latest edition oft the Guidelines for Standards of Care in Animal Shelters. Primary enclosures  shall:  (A) be structurally sound and maintained in good repair; (B) provide convenient access to clean food and water; (C) enable the animal to remain dry and clean;  (D) be constructed and maintained sO that the surfaces are impervious to (E) be constructed SO as to protect the animal's feet and legs from injury; (F)provide sufficient space to allow each animal to make normal postural  moisture and may be readily sanitized;  and  adjustments without touching the top of the enclosure, including turning freely, standing easily, sitting, stretching, moving its head, lying in a comfortable position with limbs extended, and moving and assuming a comfortable posture for feeding, drinking, urinating, and defecating.  (b) Feeding.  (1). All food shall be free from contamination, wholesome, palatable, and of  sufficient quality and nutritive value to meet the normal daily requirements for the condition,  size, and age oft the animal.  (2)I Dogs and cats shall be fed at least once a day or more often as appropriate for  the age and condition ofthe animal, except as directed by a veterinarian.  (3) Domestic ferrets shall have continuous access to food.  (4) All other animals shall be fed appropriately as described on the packaging ofa (5). Food receptacles shall be accessible to all animals and shall be located SO as to  commercial, species-specific food, except as directed by a veterinarian.  minimize contamination by excreta. Food receptacles shall be durable and kept clean and sanitary. Disposable food receptacles may be used but must be discarded after each feeding or,  Chapter 8261 Rules-6  Zoonosis Control - 1/14    for domestic ferrets, after 24 hours of use. Self feeders may be used for feeding dry foods to  animals acclimated to their use.  (c)) Watering. Ifi fresh, clean water is not accessible to all animals at all times, it shall be offered to them at least twice daily for periods ofn not less than one hour, except as directed by a veterinarian. Drinking bottles may be used for animals acclimated to their use. Domestic ferrets shalll have fresh, clean water accessible at all times, provided in drinking bottles ofappropriate size to maintain a fresh supply. Water receptacles shall be kept clean and sanitary.  (d) Sanitation.  (1)Cleaning of primary enclosures. Excreta shall be removed from primary  enclosures as often as necessary to prevent contamination oft the inhabitants, but not less than  daily.  (2)Sanitation of primary enclosures. Cages, rooms, and pens shall be maintained (3) Building and premises. Building and premises shall be kept clean. (e)) Pest Control. A regular program for the control ofi insects, ectoparasites, and other pests shall be established and maintained. The facility shall be free of visible signs ofr rodents and keep other vermin infestations to a minimum at all times. Each pesticide must be used in  inas sanitary condition.  accordance with its manufacturer's label instructions.  (f) Outdoor facilities are acceptable under this section provided those facilities meet all (g) This section applies to all animal shelters located in counties with a population of 75,000 or greater as required by the Texas Health and Safety Code, Chapter 823, and to all Thej provisions oft this $169.26 adopted to be effective. April 1, 1980, 5 TexReg 812; amended to be effective February 22, 1993, 18 TexReg 845; amended to be effective February 21, 1996, 21 TexReg 963; amended to be effective. August 21, 1996, 21 TexReg 7660; amended tol be effective. July 12, 1998, 23 TexReg 7224; amended to be effective February 18, 2003, 28 TexReg 1389; amended tol be effective July 21,2 2004, 29 TexReg 6936; amended to be effectivel December 20, 2007, 32 TexReg 9341; amended to be effective March 31, 2013, 38 TexReg 1994  the requirements of this section.  quarantine or impoundment facilities regardless of county population.  $169.27. Quarantine Method and Testing.  (a) When a dog, cat, or domestic ferret that has bitten a human has been identified, the custodian will place the animal (regardless ofi its vaccination status) in quarantine as defined in the Texas Health and Safety Code, $826.002, until the end of the 10-day observation period. The animal must also be quarantined ift there is probable cause to believe that it has otherwise exposed a human to rabies. The observation period will begin at the time ofthe exposure. The animal must be placed in a department-litensed quarantine facility specified byt the local rabies control authority and observed at least twice daily. However, the local rabies control authority may allow the animal to be quarantined in a veterinary clinic. As an alternative to quarantine at a  Zoonosis Control -1/14  Chapter 826) Rules-7    department-litensed facility or a veterinary clinic, the local rabies control authority may allow home confinement. To allow home confinement, the following criteria must be met.  (1)As secure enclosure approved by the local rabies control authority must be used (2) The animal has been vaccinated against rabies and the time elapsed since the  to prevent escape.  most recent vaccination has not exceeded the manufacturer recommendations for the vaccine. If an unvaccinated animal is not over 16 weeks of age at the time oft the potential exposure, it may  be allowed home confinement.  (3) During the confinement period, the animal's custodian must monitor the  animal's behavior and health status and immediately notify the local rabies control authority if  any change is noted.  (4) The local rabies control authority or a veterinarian must observe the animal at (5) The animal was not a stray as defined in the Texas Health and Safety Code, (b). Ifthe potential rabies exposure described in subsection (a) ofthis section occurs in a city or county other than where the animal's custodian resides, the animal may be transferred to a department-licensed quarantine facility or a veterinary clinic in the city or county of the custodian's residence or allowed home confinement, ifapplicable, ifthere is mutual agreement to do sO between the local rabies control authorities for the city or county where the exposure  least on the first and last days oft the home confinement. $826.002, at the time oft the potential exposure.  occurred and where the custodian resides.  (c) The alternative to quarantining (to include home confining) a dog, cat, or domestic ferret that has bitten or otherwise potentially exposed aj person to rabies as described in subsection (a) ofthis section is tol have the animal euthanatized in such a manner: that the brain is not damaged and a suitable specimen submitted to a eparment-designated laboratory for rabies testing. A list of eparment-designated laboratories may be found on the department's website or may be obtained from any of the department's regional Zoonosis Control offices.  (d) A domestic animal that has potentially exposed al human to rabies and has been designated by the local rabies control authority as unowned may be euthanatized. Ifthe animal  is euthanatized, a suitable specimen shall be submitted for rabies testing.  (e) "Free-roaming animals" as used ini this section includes animals that have been in captivity less than 200 days immediately prior to the potential exposure and those that are not in captivity. Ift the animal implicated in the potential exposure is a free-roaming high-risk animal, it shall be euthanatized and a suitable specimen submitted for rabies testing. Ifthe animal implicated int the potential exposure is a high-risk animal that has been in captivity without contact with free-roaming animals for 200 days or more immediately prior to the potential exposure ori is less than 200 days old, has always been in captivity without contact with free- roaming animals, and is the progeny ofa a dam that has been in captivity without contact with free-roaming animals for 200 days or more immediately prior to the potential exposure, the local  Chapter 8261 Rules-8  Zoonosis Control -1/14    rabies control authority shall conduct a risk assessment to gauge the probability that the animal could have been exposed to rabies and, therefore, poses aj public health risk. Ifthe probability that the animal implicated in the potential exposure could have had animal contact conducive to rabies transmission is low and the potential exposure poses a negligible public health risk, the local rabies control authority may require that the animal involved in the potential exposure be quarantined at a department-litcensed quarantine facility or a veterinary clinic or confined elsewhere as deemed appropriate by the local rabies control authority for a 30-day observation period as an alternative to euthanatizing and testing. The local rabies control authority ora veterinarian must observe the animal at least on the first and last days oft the quarantine or confinement that was deemed appropriate by the local rabies control authority.  (f)Ifthe animal implicated in the potential exposure is a low-risk animal, neither quarantine nor rabies testing will be required unless the local rabies control authority has cause tob believe the animal is rabid, in which case it shall be euthanatized and a suitable specimen  submitted for rabies testing.  (g) The local rabies control authority may require an animal that has inflicted multiple bite wounds, punctures, or lacerations to aj person to be euthanatized. Ifthe animal is euthanatized, a suitable specimen shall be submitted for rabies testing.  (h) Ifthe animal implicated in the potential exposure is not included in subsections (a), (b),(),(), (f), or (g) oftl this section or the portion ofs subsection (e) oft this section pertaining to aftee-roaming high-risk animal, the animal either will be euthanatized and a suitable specimen submitted for rabies testing or the local rabies control authority may require the animal to be quarantined at a epartment-licensed quarantine facility or a veterinary clinic or confined elsewhere as deemed appropriate by the local rabies control authority for the 30-day observation period as an alternative to euthanatizing and testing. The local rabies control authority's decision on whether to quarantine or euthanatize and test those other animals described in subsection (e) oft this section will be determined by risk-assessment parameters as described in subsection (e) of this section. Ifthe potential rabies exposure occurs in a city or county other than where the animal's custodian resides, the animal may be transferred to a department-licensed quarantine facility or a veterinary clinic in the city or county of the custodian's residence or allowed confinement deemed appropriate ift there is mutual agreement to do sO between the local rabies control authorities for the city or county where the exposure occurred and where the custodian resides. During the observation period, the animal's custodian must monitor the animal's behavior and health status and immediately notify the local rabies control authority ifa any change isn noted. The local rabies control authority or a veterinarian must observe the animal at least on the first and last days ofi the quarantine or confinement that was deemed appropriate by the local  rabies control authority.  (i). Any animal required to be quarantined under this section that cannot be maintained in secure quarantine shall be euthanatized and a suitable specimen submitted for rabies testing. () All laboratory specimens referred to in subsections (c)-(i) ofthis section shall be submitted in accordance with $169.33 ofthis title (relating to Submission of Specimens for  Laboratory Examination). Zoonosis Control -1 1/14  Chapter 826 Rules-9    (k) At the discretion oft the local rabies control authority, assistance animals may not be required to be placed in quarantine (to include confinement) during the observation period. During the applicable observation period, the animal's custodian must monitor the animal's behavior and health status and immediately notify the local rabies control authority if any change isn noted. The local rabies control authority or a veterinarian must observe the animal at least at  the beginning and on the last day ofthe applicable observation period.  (I) Police service animals are exempted from quarantine per the Texas Health and Safety Code, $826.048, including confinement. During the applicable observation period, the animal's custodian must monitor the animal's behavior and health status and immediately notify the local  rabies control authority ifany change isi noted.  (m) Animals should not be vaccinated against rabies or receive other vaccinations or non- essential medications that may complicate assessment of behavioral change or health status during the observation period; however, animals may be treated for medical problems that are diagnosed by a veterinarian and are not related to rabies. Ifthe animal becomes ill during the observation period, the local rabies control authority must be notified by the person having Thej provisions oft this $169.27 adopted tol be effective April 1, 1980,5TexReg 812; amended to be effective March 29, 1988, 13 TexReg 1337; amended tol be effective February 22, 1993,18TexReg 845; amended to be effective February 21, 1996,21 TexReg 963; amended tol be effective. August 21, 1996, 21 TexReg 7660; amended tol be effective July 12, 1998, 23 TexReg 7224; amended to be effective! March 19, 2003, 28 TexReg 2341; amended to be effective December 20, 2007, 32 TexReg 9341; amended to be effectivel March 31, 2013,38TexReg 1994  possession oft the animal.  $169.28. Requirements ofa Quarantine Facility.  (a) Quarantine procedures.  (I)A quarantine facility shall have and use written standard operating procedures  (SOP) specific for that facility to ensure effective and safe quarantine procedures. The SOP shall bej posted in the quarantine facility, or otherwise be readily available to all employees in the  quarantine facility, and adhered to by each employee.  (2) An animal that is quarantined because it may have exposed al human to rabies  must be maintained in aj primary enclosure, separated from all other animals by a solid partition so that there is no possibility of physical contact between animals. An empty chamber between animals is not an acceptable alternative. To prevent rabies transmission, handling of quarantined animals shall be minimized and carried out in a manner that avoids physical contact of other animals and people with the saliva ofq quarantined animals. Individuals handling quarantined animals should utilize appropriate personal protective equipment. To prevent escape, the primary enclosure must be enclosed on all sides, including the top. Quarantine cages, runs, or rooms must  have "Rabies Quarantine" signs posted.  (b) Facilities planning. Any entity desiring to construct a quarantine facility shall submit plans to the department: for review prior to beginning construction ofa new facility or significant  renovation to an existing facility.  Chapter 8261 Rules- 10  Zoonosis Control- - 1/14    (c) Inspection requirements of quarantine facilities.  (1)It willl be the responsibility of the department to inspect all quarantine  facilities, including those operated by government contractors. The inspection oft the premises will be accomplished during ordinary business hours. All deficiencies will be documented in writing. Those that are of sufficient significance to affect the humane care or security of any animal housed within the facility must be corrected within a reasonable period oftime. significant discrepancies have been identified. Any facility that does not achieve acceptable  (2) The inspections will be accomplished annually and more frequently when  standards will not be licensed for rabies quarantine operations.  (3) The quarantine facility manager has the right to appeal the results ofthe  inspection. Ift the opinion of management oft the quarantine facility isi in conflict with the inspection, he or she may request ai review oft the inspection by the manager oft the department's Zoonosis Control Branch, who will then notify the regional director's office of the health service region in which the quarantine facility is located that an appeal has been submitted. The appeal listed in this paragraph will be made in writing and submitted within 30 days of the inspection. The provisions of this $169.28 adopted tol be effective April 1, 1980, 5 TexReg 812; amended tol be effective February 22, 1993, 18 TexReg 845; amended to be effective February 21, 1996, 21 TexReg 963; amended to be effective. July 12, 1998,23 TexReg 7224; amended tol be effective December 20, 2007,32TexReg 9341; amended  After receipt oft the appeal, the department will have 60 days to respond.  to be effective March 31,2013, 38 TexReg 1994 $169.29. Vaccination Requirement.  (a) The custodian (excluding animal shelters as defined ini the Texas Health and Safety Code, $823.001) ofe each dog or cat shall have the animal vaccinated against rabies by 16 weeks ofage. The animal must be vaccinated by or under the direct supervision ofa veterinarian with rabies vaccine licensed by the United States Department of Agriculture for that species at or after the minimum age requirement and using the recommended route of administration for the vaccine. Ifaj previously vaccinated animal is overdue for al booster, once revaccinated, the animal will be considered currently vaccinated; the animal should be placed on a vaccination schedule according to the maximum labeled duration ofi immunity for the most recently administered vaccine. The attending veterinarian has discretion as to when the subsequent vaccination will be scheduled as long as the revaccination due date does not exceed the recommended interval for booster vaccination as established by the manufacturer or vaccination requirements instituted by local ordinance. Livestock, domestic ferrets, and wolf-dog hybrids should be vaccinated against rabies. Among livestock species, vaccination of equines and others that have frequent contact with humans is strongly advised. The administration ofa rabies vaccine in a species for which no licensed vaccine is available is at the discretion oft the veterinarian; however, an animal receiving arabies vaccine under these conditions will not be considered to be vaccinated against rabies  virus in potential rabies exposure situations.  (b). An official rabies vaccination certificate shall be issued for each animal by the veterinarian responsible for administration of the vaccine and contain the following information:  (1)custodian's name, address, and telephone number;  Zoonosis Control - 1/14  Chapter 826) Rules-11    (2) animal dentification-species, sex (including neutered ifa applicable), (3) vaccine used-product name, manufacturer, and serial number;  approximate age, size (pounds), predominant breed, and colors;  (4) date vaccinated; (5)revaccination due date; (6) rabies tag number ifat tag is issued;  (7)v veterinarian's signature, signature stamp, or computerized signature, plus  address and license number.  (c) Each veterinarian who issues a rabies vaccination certificate, or the veterinary practice where the certificate was issued, shall retain a readily retrievable copy of the certificate fora  period ofnot less than five years.  (d)Ifa veterinarian ceases the practice of veterinary medicine, the duplicate rabies vaccination certificates retained by that practice shall be turned over to the local rabies control authority. This does not apply to the sale or lease ofaj practice, when the records oft the practice  are transferred to a new owner.  (e) The custodian shall retain each rabies vaccination certificate until the animal receives as subsequent booster and shall produce the certificate upon request by any local rabies control authority, public health official, or animal control, law enforcement, or peace officer when the The provisions of this $169.29 adopted to be effective April 1, 1980,5TexReg 812; amended to be effective March 29, 1988, 13 TexReg 1337; amended tol be effective February 22, 1993, 18TexReg 845; amended to be effective February 21, 1996, 21 TexReg 963; amended to be effective August 21, 1996, 21 TexReg 7660; amended tol be effective. July 12, 1998, 231 TexReg 7224; amended to be effective March 19, 2003, 28 TexReg 2341; amended to be effective December 20, 2007,32 TexReg 9341; amended to be effectivel March: 31, 2013,38TexReg 1994  request is part oft the requester's official duty.  $169.30. Disposition of Domestic Animals Exposed to Rabies.  (a) Not currently vaccinated animals that have been bitten by, directly exposed by physical contact with, or directly exposed to the fresh tissues ofar rabid animal shall be:  (1) euthanatized; or  (2) immediately vaccinated against rabies, placed in confinement for 90 days, and  given booster vaccinations during the third and eighth weeks of confinement. For young animals, additional vaccinations may be necessary to ensure that the animal receives at least two vaccinations at or after the age prescribed by the United States Department of Agriculture  (USDA) for the vaccine administered.  (b) Currently vaccinated animals that have been bitten by, directly exposed by physical  contact with, or directly exposed to the fresh tissues ofai rabid animal shall be:  Chapter 8261 Rules- 12  Zoonosis Control -1 1/14    (I)euthanatized; or  (2)i immediately given a booster rabies vaccination and placed in confinement for (c) These provisions apply only to domestic animals for which a USDA-licensed rabies (d) In situations where none oft the requirements of this section are applicable, the recommendations contained in the latest edition oft the publication titled Compendium of Animal Rabies Prevention and Control, published by the National Association of State Public Health Veterinarians, should be followed. The administration ofa rabies vaccine in a species for which no licensed vaccine is available is at the discretion ofthe veterinarian; however, an animal receiving a rabies vaccine under these conditions will: not be considered to be vaccinated against Thej provisions oft this $169.30 adopted to be effective March 5, 1982, 7TexReg 745; amended to be effective March 29, 1988, 13 TexReg 1337; amended to be effective February 22, 1993, 18 TexReg 845; amended to be effective July 12, 1998, 23TexReg 7224; amended to be effective December 20, 2007, 32 TexReg 9341; amended  45 days.  vaccine is available.  rabies virus inj potential rabies exposure situations.  to be effective March: 31, 2013, 38 TexReg 1994  $169.31. Interstate Movement of Dogs and Cats into Texas.  Each dog and cat 12 weeks of age or older to be transported into Texas for any purpose shall be admitted only when vaccinated against rabies and the time elapsed since the most recent vaccination has not exceeded the manufacturer recommendations for the vaccine. Ifa an initial vaccination was administered less than 30 days prior to arrival, the custodian should confine the dog or cat for the balance ofthe 30 days. Additionally, documentation must be provided bya vaccination certificate showing the date ofvaccination, vaccine used, revaccination due date, identification information for the vaccinated animal, contact information oft the animal's custodian, and signature, signature stamp, or computerized signature and contact information of the veterinarian responsible for administration oft the vaccine. Ift the dog or cat is less than 12 weeks ofage, the custodian should confine the animal until 30 days subsequent to its initial The provisions oft this $169.31 adopted to be effective April 1, 1980, 5TexReg 812; amended to be effectivel March 5, 1982,7TexReg' 744; amended tol be effectivel March 29, 1988, 13 TexReg 1337; amended to be effective February 22, 1993, 18 TexReg 845; amended tol be effectivel February 21, 1996, 21 TexReg 963; amended to be effective. July 12, 1998, 23 TexReg 7224; amended to be effective March 19, 2003,28 TexReg 2341; amended tol be effective December 20, 2007,32 TexReg 9341; amended to be effectivel March 31, 2013,38 TexReg 1994  vaccination.  $169.32. International Movement of Dogs and Cats into Texas.  The federal government regulates the entry of pets into the United States; requirements set forth ini this section are in addition to meeting federal requirements. Ifthe department receives a federal importation notice, the department may request the local rabies control authority in the area where the animal will be located to monitor the notice for compliance. Contingent upon the department receiving notification ofa an importation-compliance failure, the department may report the failure to the appropriate authority. Each dog and cat 12 weeks of age or older to be  Zoonosis Control -1/14  Chapter 8261 Rules-1 13    transported into Texas for any purpose shall be admitted only when vaccinated against rabies and the time elapsed since the most recent vaccination has not exceeded the manufacturer recommendations for the vaccine. Ifani initial vaccination was administered less than 30 days prior to arrival in the United States, the custodian must confine the dog or cat for the balance of the 30 days. Additionally, documentation must be provided by a vaccination certificate or passport showing the date of vaccination, vaccine used, revaccination due date, identification information for the vaccinated animal, contact information oft the animal's custodian, and signature, signature stamp, or computerized signature and contact information of the veterinarian responsible for administration oft the vaccine. Ifthe dog or cat is less than 12 weeks ofage, the custodian shall confine the animal until 30 days subsequent to its initial vaccination. Thej provisions of this $169.32 adopted tol be effective. April 1, 1980,5TexReg 812; amended tol be effective March 19, 2003, 28 TexReg 2341; amended to be effective December 20, 2007, 32 TexReg 9341; amended to be effective  March3 31,2013,38 TexReg 1994  $169.33. Submission of Specimens for Laboratory Examination.  Preparation of specimens either for shipment or for personal delivery for rabies diagnosis shall  include the following. avoided.  (I)Damage to the brain caused by shooting or other traumatizing procedures shall be (2) The head oft the suspect animal shall be separated from the body by a qualified person wearing appropriate personal protective equipment as soon as possible after the death oft the animal. Only the head shall be submitted with the exception that whole bats and small rodents may be submitted. Ifonly the brain is submitted rather than the entire head, the minimum tissue requirements for rabies testing are a complete transverse cross section oft the brain stem and tissue from at least one of the following: cerebellum and/or hippocampus. Submissions that do not meet these tissue requirements will be considered unsatisfactory due to a lack ofs sufficient  material.  (3) The specimen shall be immediately chilled to between 32 degrees Fahrenheit and 45 degrees Fahrenheit either in a refrigerator or by packing for shipping with sufficient amounts of refrigerants in the container; the specimen should not be frozen. When shipping, sufficient refrigerant shall be added sO the specimen will remain chilled for a minimum of 481 hours. Do not use dry ice. Gel packs or similar refrigerants are recommended. Ice is not recommended.  (4)Ifspecimens are shipped, containment in compliance with requirements in the Code ofFederal Regulations (CFR), Title 49, shall be used forj packing. Packing methods shall prevent leakage and provide for proper identification (such as an identification number) of the specimen. (5)A completed department Form G-9, Rabies Submission Form, which is available at the department's Laboratory Services Section, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, is required for each specimen submitted to the department's Laboratory Services Section. Each form must contain the same identification information provided with the specimen as stated inj paragraph (4) oft this section. Submission form(s) shall  be contained in a water-proofbag. Chapter 8261 Rules- 14  Zoonosis Control -1/14    (6)Labeling on the outside of the shipping container shall be legible and include: (A) name, address, and telephone number oft the laboratory; (B) name, return address, and telephone number of the shipper;  (C) language in compliance with requirements ini the CFR, Title 49, pertaining to (D) the following information: "RABIES IDENTIFICATION TEAM,  the shipment of infectious substances for diagnostic purposes; and  LABORATORY SERVICES SECTION - REFRIGERATE ON ARRIVAL." (7) The following procedures are required for shipment:  (A) shipment shall be by bus or other reliable carrier; the department does not  recommend the United States Postal Service. Ifan overnight carrier (other than bus) is used, ship the specimen such that it will arrive by Friday or delay shipment until Monday. Do not ship via overnight carrier on Friday or the day before al holiday. These services do not deliver to the  department on the weekend or on holidays;  (B)as shipping receipt will be obtained and retained by the shipper; (C) at the time oft the shipment, the shipper shall notify laboratory personnel of (D) the shipper shall provide the return postage (in the form of stamps, not  the shipment via telephone or aboratory-approved electronic format; and  money) if return oft the shipping container is desired.  (8) Paragraphs (5) and (6) ofthis section apply to specimens submitted to the department's Laboratory Services Section. The appropriate form, labeling instructions, and shipping requirements for another department-designated laboratory can be obtained by contacting that laboratory; a list ofthese laboratories with their contact information will be Thej provisions oft this $169.33 adopted tol be effective August 24, 1982,7TexReg: 2993; amended to be effective March 29, 1988, 13 TexReg 1337; amended tol be effective February 22, 1993, 18 TexReg 845; amended to be effective February 21, 1996, 21 TexReg 963; amended to be effective. July 12, 1998,2 23 TexReg 7224; amended to be effective. March 19, 2003, 28 TexReg 2341; amended to be effective December 20, 2007,32 TexReg 9341;  maintained on the department's website.  amended to be effective March 31,2 2013, 38 TexReg 1994 $169.34. Statewide Quarantine.  (a) Declaration. The Executive Commissioner oft the Health and Human Services  Commission (HHSC) declares a statewide rabies quarantine.  (1) Statewide quarantine. The area is defined by the borders oft the State ofTexas. (2)Iti is illegal to transport animals subject to the statewide rabies quarantine  from, to, or within the State ofTexas. Zoonosis Control- - 1/14  Chapter 8261 Rules-1 15    (3).A Animals subject to the statewide rabies quarantine include any live species of (4) Transport exceptions. Animals subject to the statewide rabies quarantine may  fox, skunk, coyote, or raccoon indigenous or naturalized to North. America.  bet transported by peace officers and individuals hired or contracted by local, state, or federal government agencies to deal with stray animals when such transport is aj part oft their official duty. These animals may also be transported by employees ofzoos or other institutions accredited by the Association of Zoos and Aquariums when such transport is part oftheir official duty; educators permitted by the Texas Parks and Wildlife Department for educational display; rehabilitators permitted by the Texas Parks and Wildlife Department; an entity issued authorization for nuisance fur-bearing animal relocation from the Texas Parks and' Wildlife Department; and pest management professionals licensed by the Texas Department of Agriculture. Ifa an exempt individual transports such animals for release, the animals must be released within ai ten-mile radius or within ten miles oft the city limits of where they were originally captured and the release must be within the county in which they were originally  captured.  (b) Executive Commissioner oft the HHSC's designee. The Executive Commissioner of the HHSC's designee ist the commissioner ofthe Department of State Health Services, whom the Executive Commissioner of the HHSC appoints to act as his orl her designee as described in the The provisions oft this $169.34 adopted to be effectivel May 17, 1995,20 TexReg 3332; amended to be effective February 21, 1996,21 TexReg 963; amended to be effective. July 12, 1998, 23 TexReg 7224; amended tol be effective December 20, 2007,32 TexReg 9341; amended tol be effectivel March 31, 2013, 38 TexReg 1994  Texas Health and Safety Code, $826.045.  Chapter 8261 Rules- 16  Zoonosis Control - 1/14    BURNS ANDERSON JURY & BRENNER, L.L.P.  Attorneys and Counselors ofI Law AI Limited Liability Partnership whichi includes Professional Corporations  Telephone: 512/338-5322 Facsimile: 512/338-5363 March 3, 2020  Fromt the Desk of: KEN CAMPBELL kcampbel(@bajp.com:  VIA CMRRR 7019 0700 0000 06499754 AND VIA EMAIL: cityofcumby@cumbytel.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:  Irepresent the Hunt County Fire Association in relation to the above matter. The citizens of the area served by the various Hunt County fire departments have 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 of Texas, 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. Josephine, and the City of Royse City. Iti is anticipated that the issue of the creation of this district will be presented to the voters Iam enclosing a copy of a map of the proposed district and a copy of the petition form filed with the Hunt County Judge for your reference. According to our records, 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 filed Pursuant to 8 775.014, 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.  at the November 2020 uniform election date,  with the County, please let me. know.  P.O. Box 26300, Austin, TX 78755-6300 7804 Belll Mountain Drive #100 Austin, Texas 78730    March 3, 2020 Page 2  BURNS ANDERSON JURY & BRENNER, L.L.P. Attorneys and Counselors ofLaw  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 While I believe you are aware of this situation, a public hearing on this matter will be held by the Hunt County Commissioners Court on March 16, 2020 at 6:00 p.m. at the Fletcher Warren Civic Center, 5501 Business Highway 69 South, Greenville, Texas, if 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. Iwould appreciate if you would place this matter on the council's docket for consideration and respond with your city's consent or denial of consent prior 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.  outlined on the enclosed map.  you desire to attend and obtain more information.  to this deadline SO the election may proceed in at timely manner.  Sincerely,  BURNS ANDERSON JURY & BRENNER, L.L.P.  KPCI  E  CC: VIA EMAIL: btovl@huntcoutnet 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: heather@ssatrylam.com    City ofCumby P.O. Box 349, 100 E. Main St. Cumby, Texas 75433 (903)994-2272  April 14, 2020 The Honorable Bobby W. Stovall County Judge Hunt County 2507 Lee Street, Second Floor Greenville, Texas 75401  RE: Consent of the City of Cumby, Hunt County, Texas for the Inclusion of the Territorial Limits and Extraterritorial Jurisdiction oft 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 approved the Pursuant to Section 775.014 of the Texas Health & Safety Code, the City of Cumby, Texas hereby consents to the inclusion ofi its territorial limits and extraterritorial jurisdiction within the proposed Hunt County Emergency Services District No. 1 as located in Hunt County, Texas.  following motion by a vote of  "ayes" and  "nays:"  Sincerely,  Doug Simmerman Mayor ATTEST: Codi Reynolds 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 ofa 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 Serviçes District) No. 1i ist tol be created and is to operate under Article m, 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 arei 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 twoj petitioners obligate themselves toj pay not more thau $150 of the costs incident tot the formation of the proposed district, including the costs of publishing notices, election costs, and other  SERVICES DISTRICTNO.1  No. 1c complies with Sections 775.020 and' 775,0205, Health and Safety Code.  necessary andi incidental expenses. OBLIGORNO.1 Signature Printed Name Mailing Address City, State, Zip Code Residence. Address Date ofBirth Date of Signing  OBLIGORNO.2 Signature Printed Name Mailing Address City, State, Zip Code Residence Address Date ofBirth Date of Signing Voter Registration No.  Voter) Registration No.    SWORN TO AND SUBSCRIBED before me, the undersigned authority, by  as Obligor No. 1, on this the  day of  2019.  NOTARY PUBLIC IN. AND: FOR' THE  STATE OF TEXAS  SWORN TO AND SUBSCRIBED before me, the undersigned authority, by  as Obligor No. 1, on this the  day of  2019,  NOTARY PUBLIC IN ANDFORTHE  STATEOF TEXAS    EXHIBIT A  Hunt Proposed 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.    RESOLUTION N00l-04-2020  A RESOLUTION OF THE CITY OF CUMBY, TEXAS, CANCELLING THE SPECIAL ELECTION TO BE HELD ON MAY 2, 2020; CANCELING TERMS UNDER THE HOLDOVER PROVISION OF THE TEXAS CONSTITUTION; AND ORDERING OTHER MATTERS INCIDENT AND RELATED TO THE  CANCELLATION OF SUCH ELECTION.  WHEREAS, on October 8, 2019. the City Council (the "Council"), ofthe city of Cumby, Texas (the "City"), ordered the special election to fill a city council vacancy for Alderman, Place 2, to be held  on May 2, 2020; and  WHEREAS, on December 10, 2019. the City Council (the "Council"), of the city of Cumby, Texas (the "City"), ordered the special election to fill a city council vacancy for Alderman, Place 1, to  be held on May 2, 2020; and  WHEREAS, on March 31, 2020, the Governor of Texas certified that the novel coronavirus (COVID-19) poses an imminent threat of disaster and, under the authority vested in the Governor by Section 418.014 oft the Texas Government Code, declared a state of disaster for all counties in Texas;  and  WHEREAS, Section 41.0052 oft the Texas Election Code prescribes aj procedure for a political subdivision to change a general election date, but the time for making such change has expired; and WHEREAS, the Governor of the State of Texas issued proclamation on March 18, 2020, suspending Section 41.0052(a) and (b) of the Texas Election Code to extend the necessary to allow political subdivisions that would otherwise hold elections on May 2, 2020, to move their general and special elections for 2020 only to the next uniform election date, occurring on November 3, 2020, without otherwise adjusting the term oft the office, and suspending Sections 31.093 and 42.0621(c) of the Texas Election Code to the extend necessary to require all county election officers, ifr requested by an affected political subdivision, to enter unto a contract to furnish election services with any political WHEREAS, Tex. Const. art. XVIS 17 requires officers within the State of Texas to hold over and continue the performance oftheir duties until their successors shall be duly qualified; and WHEREAS, the terms oft the offices for which the special election was to be held will expire in NOW THEREFOR, BEI ITI RESOLVED BY THE CITY OF CUMBY,TEXAS, THAT: Section No. 1: Cancelling Special Elections. The Council is exercising authority granted by the Governors' proclamation and is hereby cancelling the special elections that would have been held on  subdivision that postponed its election to November 3, 2020; and  November, making the special election unnecessary.  Saturday, May 2, 2020.  Section No. 2: Preamble Incorporation. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made part of this Resolution for all purposes and  are adopted as a part oft the judgment and findings oft the Council.    Section No. 3: Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision oft this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters  ordered herein.  Section No. 4: Governing Laws. This Resolution shall be construed and enforced in accordance Section No. 5: Severability. Ifany provision oft this Resolution or the application thereoftoany person or circumstance: shall be held tol bei invalid, the remainder ofthis Resolution and the supplication ofsuch provision to other persons and circumstances shall nevertheless be valid, and the Council herby declares that, had the invalidity been known at the times, this Resolution would have been enacted  with the laws of the State ofTexas and in the United States of America.  without such invalid provision.  Section No. 6: Notice ofMeeting. The Council officially finds, determines, recites and declares that written notice of the date, hour, place, and subject of the meeting at. which this Resolution is adopted was posted on a bulletin board located at a place convenient to the public at City Hall for at least seventy-two (72) hours preceding the scheduled time of the meeting that a telephonic or telegraphic notice ofsuch meeting was given to all news: media who have consented toj pay any and all expenses incurred by the City in connection with providing such notice, both as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended; and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof was discussed, considered and formally acted upon. The Governor has suspended and modified certain open meeting requirements pursuant to this disaster declaration. These changes include allowing the City to establish procedures for telephonic or video conferenced meetings that are accessible to the  public.  Section No. 7: Authorization to Execute. The Mayor is authorized to execute, and the City Secretary is authorized to attest his Resolution on behalf oft the Council; and the Mayor is authorized to do all other things legal and necessary on connection with the holding and consummation of the  election. approval.  Section No. 8: Effective Date. This Resolution is effective immediately upon its passage and  PASSED AND APPROVED this day of April 2020.  Doug Simmerman, Mayor, City of Cumby  ATTEST:  Codi Reynolds, City Secretary, City of Cumby    ORDINANCE NO. 2020-04-01  AN ORDINANCE THE CITY OF CUMBY, TEXAS, AUTHORIZING LAW ENFORCEMENT OFFICERS TO PERFORM TRAFFIC STOPS FOR ANY VIOLATION OF EXECUTIVE ORDER(S) ISSUED BY THE GOVERNOR OF THE STATE OF TEXAS DECLARING A STATE OF DISASTER; PROVIDING A PENALTY FOR VIOLATION OF SUCH EXECUTIVE ORDER(S); PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY  CLAUSE; AND PROVIDING AN EFFECTIVE DATE.  WHEREAS, as deemed necessary, the Governor oft the State of Texas may issue WHEREAS, such executive orders issued by the Governor of the State of Texas may contain certain rules and regulations during such states of disaster, including but not  executive orders declaring a state of disaster for all counties in Texas; and  limited to, shelter in place or social distancing requirements; and  WHEREAS, there will exist in such executive order(s) certain exceptions or exemptions to such order as determined by the Governor of the State of Texas as specifically listed in such executive order or an amendment, addenda, or appendix  thereto; and  WHEREAS, the City of Cumby, Texas, aims to enforce any and all such rules and regulations as set forth by executive orders issued by the Governor of the State of Texas  which may be in effect at any given time.  NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF CUMBY, TEXAS:  SECTION 1. That during states of disaster as determined by executive order(s) of the Governor of the State of Texas, the police department of the City of Cumby shall have the authority to enforce the rules and regulations as set forth by such executive order(s), which shall include the authority to perform traffic stops and issuing of tickets to individuals violating the rules and regulations ofs such executive order(s). Persons who are performing tasks which fall under an exception or exemption thereto shall provide to the officer proof of such exception or exemption at the time of the traffic stop. Failure to provide sufficient SECTION 2. That a person who knowingly or intentionally violates an executive order issued by the Governor of the State of Texas which declares a state of disaster commits  proof of such exception or exemption shall constitute a waiver thereof.  an offense, punishable by a fine up to $200.00.    SECTION 3. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the City Council or any City official or employee charged with enforcement of the ordinance, acting for the City of Cumby ini the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act SECTION 4. That if any section, provision, subsection, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Cumby, Texas hereby declares it would have enacted such remaining portions, despite SECTION 5. This Ordinance shall be in full force and effect immediately upon its passage SECTION 6. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act.  required or permitted in the discharge of his/her said duties.  such invalidity.  ina accordance with the provisions of the Tex. Loc. Gov't. Code.  PASSED AND APPROVED this  day of  2020.  Douglas Simmerman, Mayor  ATTEST:  Codi Reynolds, City Secretary APPROVED AS TO FORM:  Edgar J. Garrett, Jr., City Attorney    Mar 26 20 08:36a  Hayter Engineering Inc  9037850308  p.1  HAYTER ENGINEERING  March 26, 2020 Mr. Aaron Reynolds, Public Works City of Cumby 100 East Main Street Cumby, Texas 75433  Re: Exhibit C-Scope of Services  Depot Street Sewer Line Replacement  Mr. Reynolds:  This letter is a follow-up on our meeting, yesterday concerning the above-referenced project. Thank you for selecting Hayter Engineering, based on our ability and experience, to provide you with a quote for engineering services. We appreciate your vote of confidence. Before Ifinished the proposal, I put together an opinion of probable construction cost (OPCC). This OPCC was based on prices that we: received for a very similar sewer line job at the City of Wills Point. A bid tabulation from that project is attached for your convenience. Of course, the design has not even been started, sO the OPCC will be based on assumed quantities. Once the number of connections, depth of trenching, size of line, number of manholes, etc. have been determined at the completion of the design, a more thorough OPCC  can bej prepared. However, at this point the OPCC is as follows:  BID: ITEM  QUANTITY UNIT: PRICE  SUB-TOTAL $4,065 $1,500 $7,600 $11,400 $1,900 $3,400 $2,500 $1,650 $1,275 $450 $7,500  Mobilization (5%) Traffic control plan 6"PVC sewer line 5-8' trenching Trench safety Replacement manhole Standard manhole Additional depth of manhole Connect existing sewer line to new manhole End-of-line cleanout Near side customer sewer service transfer  1LS 1LS 950LF 950LF 950LF 1EA 1EA 6VF 1LS 1LS 10EA  $4,065 $1,500 $8 $12 $2 $3,400 $2,500 $275 $1,275 $450 $750  Practical Infrastructure Solutions 4445 SEL Loop 2861Paris, A754601P90478509031wwhaerengzon TxEng F35/7Suy1023001DIORF/SOIABPIABPE#23AILAFE2S Texas I Oklahoma - Arkansas I Louisiana    Mar 26 20 08:36a  Hayter Engineering Inc  9037850308  p.2  Far side customer sewer service Gravel pavement repair 5% inflation to go from Feb 2019 to August 2020 10% contingency  transfer  10EA 950LF 1LS 1LS  $1,450 $25 $3,871 $8,536 TOTAL  $14,500 $23,750 $3,872 $8,536 $93,897  Note: The pavement repair was, gravel onlysince the condition of the existing asphalt paving is poor. Ifasphalt repair is required, the cost for pavement repair may easily Ifwe could get an easement, or ift there is enough room to build the new sewer line outside of the pavement, then the pavement repair portion of the OPCC could be  double.  lowered: significantly.  Ofcourse, nobody knows how the coronavirus issue will affect construction prices. However, Isimply wanted you and the City to have a rough idea of the cost of the project that has been  proposed.  Please review this cost projection; and let mel know if you have any questions.  Sincerely,  HAYTER ENGINEERING mmiclefrl Michael N. Tibbets, P.E. Vice President  65484  IONAL 3-  #F-3/S  8  26-2820  attachment: Wills Point Wynne Road Sewer Linel bid tabulation from February 5, 2019  MNT: mnt    Mar 26 20 08:36a  Hayter Engineering Inc  9037850308  p.3  8888 888 g  38888888:  888  88888888  5 ge8 go  388888 3888  555    RESOLUTION NO. 02-04-2020  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, TO CORRECT THE NAME OF THE APPOINTED AUDITOR. WHEREAS, on January 14, 2020, by Motion appointed Evans & Knauth for the WHEREAS, Evans & Knauth has changed its name to K. Evans & Associates, WHEREAS, the City Council has determined that said appointment should be corrected to reflect the true name of the auditor as being K. Evans & Associates, CPA's; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUMBY THAT:  financial audit for the City; and  CPA's; and  SECTION 1 - APPOINTMENT CORRECTED  The City Council oft the City of Cumby, Texas, does hereby correct the appointment of the City Auditor to reflect the true and correct name of K. Evans & Associates, CPA's.  SECTION 2- COMPLIANCE WITH APPLICABLE LAWS  The Mayor and the City Secretary, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal and state law in carrying out the terms of this Resolution, whether or  not expressly authorized herein. APPROVED this  day of  2020.  Douglas Simmerman, Mayor  ATTEST:  Codi Reynolds, City Secretary APPROVED AS TO FORM:  Edgar J. Garrett, Jr., City Attorney