Cumby City Council Regular Meeting Agenda Tuesday, January 14", 2020  City Hall - 100 East Main Street, Cumby, Texas  6:30 p.m.  I. II.  Call to Order Establish quorum  III. Invocation IV. Pledge of Allegiance V. Reports  A. Police Department B. Maintenance Department C.Fire Department VI. Consent Agenda  A. Approve minutes of December 10th, 2019 regular Meeting.  B. Approve December 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 of 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 or not 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 taking action 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. Rescind action approving Mike Ward for financial audit. B. Discuss and approve Evans & Knauth to do the financial audit. C. Discuss and approve the renaming of the 1-30 service road in the city  limits of Cumby.  XI. New Business  A. Discuss and consider possible action on Interlocal Agreement with B. Discuss and consider possible action on Interlocal Agreement with C. Discuss and consider possible action on converting to AVR, Inc. for D. Conduct Public Hearing on Amendment of Zoning Ordinance 2010-4 to prohibit placement of Mobile Homes and HUD-Code Manufactured E. Discuss and consider possible action amending zoning Ordinance 2010- 4 for Mobile Homes and HUD-Code Manufactured Homes in the city F. Discuss and consider possible action on ordinance for collecting G. Discuss and consider possible action on removing Paul Robertson from seizure account ***0358 as a signatory and adding City Secretary Codi  Hopkins County Fire.  ATCOG for City 9-1-1 addressing. water billing software. Homes in City of Cumby.  limits.  delinquent money on closed utility accounts.  Reynolds as a signer.  XII. Executive Session  Discussion and Convene in executive session under Texas Government Code 551.074 - Discussion and/or action involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.071 - Consultation with attorney; 551.072 = deliberations regarding real property; 551.087 - Deliberations regarding economic development  negotiations.  A. Discuss Police Department  Attorney consultation on any regular session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said item where counsel's duty to the City conflicts with the Open Meetings Act Announcement of Executive Session and Consideration of Motions authorizing  XIII. Reconvene in regular session  any necessary action as a result of the Executive Session.    XIV. Adjournment  Ifo during 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 January 10th, 2020 at 4:00 p.m.  DF CUA  Lk Remalek Codi Reynolds, City Secretary    Maintenance Report  For the month of December the Maintenance Department:  Completed 27 work orders Filled 6 potholes Repaired 4 leaks Blew out 3 sewer mains Replaced 1 stop sign  And made repairs to Well 2 and Well 5    MONTH JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC YTD  4 2 5 4 4 0 4 3 2 4 7 3 42  17 0 7 0 12 0 14 0 15 0 7 0.2 8 0 17 0 7 0 13 0.1 22 9.5 19] 2.85 158 12.65  2 0 0 0 0 1 1 5 0 4 8 4 25  1 1 0 1 1 1 1 2 0 3 3 1 15  12 4 6 6 9 2 2 2 2 3 11 4 63  1 0 2 2 0 2 1 0 1 0 3 13  2 8 8 6 1 6 9 4 4 6 9 68    39.05] 1000 26.77 0 12.67 0 31.10 250 33.95 0 7.88 0 12.13 920 54.75 0 12.63 650 34.73 2100 78.32 1250 68.98 6170 412.97  0 4 1 1 2 0 1 3 5 2 2 21    Regular Meeting Minutes of the City Council oft the City of Cumby  Tuesday, December 10th2019 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 and Citizens in attendance. III. Announcements  Invocation was led by David Weatherbee and the pledge was recited by the mayor, Council,  Mayor Doug Simmerman announced that the parade is on December 12th, 2019 and the lineupi is at 6:30 and the starts at 7:00. The parade willl bei followed bya a Christmas program in the park by Cumby ISD elementary students. There will also be cookies and hot cocoa.  IV. Citizens addressed the council.  Ryan Horne thanked the council for the updates during the water issues. He also stated that we are supposed to have an emergency connection with Gafford's Chapel in situations such as this. City Secretary will follow up ont this to find out the procedures that are required.  V.  Reports  A. Paul Roberts submitted the Police Department report. B. David Weatherbee submitted the Fire Department report. Mayor Doug Simmerman submitted the Maintenance report. A.) Approve minutes oft the November 12th, 2019 regular meeting B.)Approve minutes of November 18", 2019 canvass ofe election.  VI. Consent Agenda  Julie Morris motioned to approve the minutes and Betty McCarter seconded the motion. Betty McCarter motioned to approve the minutes and. Julie Morris seconded the motion.  The motion passed 3-0 The motion passed 3-0. C.) Approve November Financials.    Julie Morris motioned to approve the November financials and Guy Butler seconded the  motion. The motion passed 3-0.  VII. Old Business  A. Mayor Doug Simmerman spoke with a firm in regards to a forensic audit. He did some research and found that Chris Turner had been reprimanded. The mayor feels that ati this time we need to select another firm for the financial audit. Guy Butler made ar motion to rescind the action approving Chris Turner for the financial audit. Betty McCarter seconded the motion. The motion passed 3-0. B. Julie Morris motioned to use Mike Ward for the financial audit. Betty McCarter seconded the motion. The motion passed 3-0. Mayor Doug Simmerman spoke with CAforensics and feels that they showed initiative. City attorney Jay Garrett stated that they are a reputable company. Betty McCarter motioned to approve CAforensics to do the forensic audit.. Julie Morris  seconded the motion. The motion passed 3-0.  VIII. New Business  A. Presentation by Kasey Tomasek of SmplSgnl Communications addressed the council in regards to network security. He stated that he sati in on the CJIS audit for the police department. There were some issues that need to be corrected. The City will have 30 days to get the system in compliance. The police department can't do business without being CJIS compliant. He also stated that we have a good set oft templates to start with. Mr. Tomasek is still working on getting the quote together. He has a meeting with the state on The City's behalf and will have a more accurate quote for cost by the first part B. Julie Morris made a motion to approve the resolution voting Barbara Stewart to serve on the Hopkins County Appraisal District Board of Directors. Betty McCarter seconded Guy Butler made a motion approving resolution calling for special election to fill Alderman Place 1 vacancy on May 2, 2020.. Julie Morris seconded the motion. The D. Julie Morris motioned to approve holding the Holiday social for council and employees on Friday December 20th at 6:30 p.m. Betty McCarter seconded the motion. The motion The postmaster spoke about the issues with the addressing on the service road of I-30. Mail does not get to the correct address. David Weatherbee is concerned about the business incurring additional costs due to the address change. There are about 40 addresses that would be affected. The postmaster will speak with the businesses. No  of the week of December: 16th. No action was taken at this time.  the motion. The motion passed 3-0.  motion passed 3-0. passed 3-0.  action was taken at this time.  IX. Entered into Executive Session    The City Council oft the City of Cumby entered into Executive Session (Closed Meeting) at 7:15 p.m. pursuant to the provisions of Chapter 551, Subchapter D, and Texas Government  Code, to discuss the following:  A. Discuss and consider possible action on employment of Rachel Flatt.  X.  Exited Executive Session  The City Council of the City of Cumby reconvened into Regular Session (Open Meeting) at 7:39 p.m. pursuant to the provisions of Chapter 551, Subchapter D, and Texas Government  Code, to discuss thei following:  A. Guy Butler made a motion to terminate Rachel Flatt's employment with the City of Cumby. Betty McCarter: seconded the motion. The motion passed 3-0.  XI. Mayor Doug Simmerman adjourned the meeting at 7:40 p.m.  Approve:  Attest:  Doug Simmerman, Mayor Pro Tem  Codi Reynolds, City Secretary    2:30 PM 01/08/20 Accrual Basis  City of Cumby Balance Sheet As of December 31, 2019  Dec 31,19  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  40,826.00 ap 403.31 1,138.23. 1,879.61 36,317.18 11,199.42 1,041.98 126.85 287.90 454.39 51,940.09 304.18 848.25 1,892.77 2,386.07  5,431.27 98,197.36    2:36PM 01/08/20 Accrual Basis  City of Cumby Profit & Loss December 2019  TOTAL  Ordinary Income/Expense Income Subdivision Fees- PD Fines Service Fee Collected Fines- Other Total Fines Insurance Interest Earned Public Safety Department Accident Report Total Public Safety Department Seizure Funds Tax &F 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 Reconnect Fee Sales Tax Collected Service Fee Collected Sewer Revenue Tapi fee Water Revenue Total Water- Sewer Total Income Expense Administration Reimbursement for Travel/Gas Bonus Mayor/Council Monthly Fee Office Supplies Telephone Utilities Total Administration Debt Service TWDB Bond Total Debt Service Mayor & Council Mayor & Council Expense Total Mayor & Council Municipal Court Collection Service Fee Legal Fees Security Telephone Total Municipal Court  390.00 350.18 54,979.67 55,329.85 29,732.23 2.82 36.00 36.00 40,826.00 1,709.20 6,864.36 6,836.78 1,709.20 17,119.54 237.43 3,322.79 1,111.34 31.84 271.01 471.91 4,876.82 2,500.00 21,215.44 34,038.58 177,475.02 30.00 2,750.00 760.71 170.70 802.27 9,520.48 14,034.16 35,808.50 35,808.50 0.00 0.00 1,009.57 30.00 209.95 125.61 1,375.13  Page 1    2:36PM 01/08/20 Accrual Basis  City of Cumby Profit & Loss December 2019  TOTAL 372.12 4,004.62 287.30 4,664.04 4,664.04 85.04 2,000.00 516.62 494.30 63.84 4,291.64 11,823.82 96.01 2,183.32 250.00 202.25 1,149.99 23,071.79 115,077.13 62,397.89 62,397.89  Payroll Expenses Public Safety Police Department Auto Repair & Maintenance Fuel Training Total Police Department Total Public Safety Water Deposit Refund Water/Sewer Mowing Vehicle Purchase Chemicals Deposit Refund Garbage Collection Fee Maintenance Office Supplies Operating Supplies Permit Postage Tools & Equipment Total Water/Sewer Total Expense Net Ordinary Income Net Income  36,038.47  Page 2    2:37PM 01/08/20 Accrual Basis Ordinary Incomel/Expense Income Subdivision! Fees PD Bank Service Park Funds Credit Card Reward Points Scholarship Accumulated! Funds Copies & Faxes Fines Service Fee Collected Fines Other Total Fines Insurance InterestE Earned License & Permits Permits/Registrations Public Safety Department Accident Report Training TotalF Public Safety Department RoadF Paving! Material Seizure Funds Tax &F Franchise Fees Franchise Property Reduction Sales Tax Property Tax Sales Tax Street Sales Tax Tax8 &F Franchise Fees- Other Total Tax8 & Franchise Fees Water- Sewer Water- Sewer Adjustments Bag Sales Garbage Revenue Late Fee Reconnect Fee Sales Tax Collected Service Fee Collected Sewer Revenue Tapf fee Water Revenue Bulk Water Water Deposits Applied Water Revenue Other TotalV WaterF Revenue Water- Sewer- Other Total Water- Sewer Water Deposit Totall Income Expense Administration Reimbursement: for Travel/Gas Office Expense Advertising Bonus Insurance Legal Fees Maintenance Mayor/Council Monthly Fee Membership Office Supplies Postage Professional Fees Software Technology Telephone Utilities Administration- -Other Total Administration Arson Expenditure Debt Service Payment Processing Center DeLage Lange Loan#1 1820645 TWDBE Bond  City of Cumby December 2019  Profit & Loss Budget VS. Actual  Dec1 19  Budget  $Over Budget  %ofE Budget  390.00 0.00 0.00 0.00 0.00 0.00 0.00 350.18 54,979.67 55,329.85 29,732.23 2.82 0.00 0.00 36.00 0.00 36.00 0.00 40,826.00 0.00 1,709.20 6,864.36 6,836.78 1,709.20 0.00 17,119.54 237.43 0.00 3,322.79 1,111.34 31.84 271.01 471.91 4,876.82 2,500.00 0.00 0.00 21,215.44 21,215.44 0.00 34,038.58 0.00 177,475.02 30.00 0.00 0.00 2,750.00 0.00 0.00 0.00 760.71 0.00 170.70 0.00 0.00 0.00 0.00 802.27 9,520.48 0.00 14,034.16 0.00 0.00 0.00 0.00 35,808.50  0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00  0.00 0.00 0.00 0.00 0.00 0.00 350.18 54,979.67 55,329.85 29,732.23 2.82 0.00 0.00 36.00 0.00 36.00 0.00 40,826.00 0.00 1,709.20 6,864.36 6,836.78 1,709.20 0.00 17,119.54 0.00 3,322.79 1,111.34 31.84 271.01 471.91 4,876.82 2,500.00 0.00 0.00 21,215.44 21,215.44 0.00 34,038.58 0.00 177,475.02 0.00 0.00 0.00 0.00 0.00 760.71 0.00 170.70 0.00 0.00 0.00 0.00 802.27 9,520.48 0.00 14,034.16 0.00 0.00 0.00 0.00 35,808.50  0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 100.0% 100.0% 100.0% 0.0% 0.0% 100.0% 0.0% 100.0% 0.0% 100.0% 0.0% 100.0% 100.0% 100.0% 100.0% 0.0% 100.0% 0.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 0.0% 0.0% 100.0% 100.0% 0.0% 100.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Page1    2:37PM 01/08/20 Accrual Basis  City of Cumby December 2019  Profit & Loss Budget VS. Actual  Dec19 0.00 35,808.50 0.00 0.00 0.00 0.00 1,009.57 0.00 0.00 30.00 0.00 0.00 0.00 209.95 0.00 0.00 0.00 125.61. 0.00 0,00 1,375.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36,038.47 36,038.47 0.00 0.00 0.00 372.12 0.00 0.00 4,004.62 0.00 0.00 0.00 0.00 287.30 0.00 0.00 4,664.04 0.00 4,664.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 85.04 2,000.00 516.62 0.00 0.00 494.30 0.00 63.84 0.00 4,291.64 0.00  Budget 0.00 0.00  $Over Budget 0.00 35,808.50  %ofB Budget 0.0% 100.0%  Debt Service Other Total Debt Service Mayor & Council Mayor & Council Expense Total Mayor & Council Municipal Court Clerk Alarm Collection Service Fee Convience Fee Judge Legal Fees Office Expense Postage Report Fee Security Software Update State Fees Technology Telephone Utilities Municipal Court- Other Total Municipal Court Park Improvements Back Tos School BJGI Day Equipment Maintenance Parkl Improvements- Other Total Parkl Improvements Payroll Expenses Child Support Payroll Expenses- Other Total PayrollE Expenses Permits Public Safety Education Police Department K-9 Auto Repair & Maintenance Equipment Equipment Repairs Fuel License & Support Office Supplies Telephone Testing Supplies Training Uniforms Utilities Total Police Department Public Safety- Other Total Public Safety Public Works Equipment Repair Debris Cleanup Lights Mosquito Control Street Repair Public Works Other Total Public Works Seizure Expenditure Training Expenditure Water Deposit Refund Water/Sewer Mowing Vehicle Purchase Automobile! Repairs Building! Maintenance Chemicals Covenience Feel WIS Deposit Refund Equipment Repairs Garbage Collection Fee LabF Foes  0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00  0.00 0.00 1,009.57 0.00 0.00 30.00 0.00 0.00 0.00 209.95 0.00 0.00 0.00 125.61 0.00 0.00 1,375.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36,038.47 36,038.47 0.00 0.00 0.00 372.12 0.00 0.00 4,004.62 0.00 0.00 0.00 0.00 287.30 0.00 0.00 4,664.04 0.00 4,664.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 85.04 0.00 0.00 494.30 0.00 0.00 4,291.64 0.00  0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 0.0% Page2    2:37PM 01/08/20 Accrual Basis  City of Cumby December 2019 Budget 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00  Profit & Loss Budget VS. Actual  Dec1 19 0.00 11,823.82 96.01 2,183.32 250.00 202.25 0.00 0.00 0.00 0,00 0.00 1,149.99 0.00 0.00 0.00 23,071.79 115,077.13 62,397.89 62,397.89  $Over Budget 0.00 11,823.82 96.01 2,183.32 250.00 202.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 23,071.79 115,077.13 62,397.89 62,397.89  %ofE Budget 0.0% 100.0% 100.0% 100.0% 100.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 100.0% 100.0%  Legal Fees Maintenance Office Supplies Operating Supplies Permit Postage Sales TaxF Paid Seminars/Training Software Telephone Testing Tools & Equipment Uniforms Utilities Water/Sewer- Other TotalV Water/Sewer Total Expense Not Ordinaryl Income Netl Income  Page 3    Page 10 of1  cityofcumby@cumbytel.com  From: "Mike Ward, CAgAlsapene Thursday, December 12,20196:46PM ayoramy@eumyelom  Date: To: Codi,  Subject: Re: Financial Audit  Int the last few days, Ihave picked up another County and two medium size cities. This puts me at about 25 governmental audits this year. Ini the name of not wanting to disservice the City of Cumby, I  think thatla am going to have to pass on performing your 2019 audit.  Ido really appreciate your consideration.  Mike  Mike Ward, CPA  From: yerumbyeaumbyelcon cityotcumby@cumbyte.com>  Sent: Wednesday, December 11, 2019, 11:53/ AM  To: Mike Ward, CPA Subject: Financial Audit  Good Morning Mike, Wel had our council meeting last night and the council selected you to do our Audit. Iwas wondering what your schedule looks like? Could you also send me al list of what you will  need and Ican try to have it together for you.  Codi Reynolds, City Secretary City of Cumby (903)994-2272 cityofcumby@cumbytel.com  1/8/2020    FIRE INVESTIGATION AGREEMENT  STATE OF TEXAS COUNTY OF HOPKINS  WHEREAS, thel Hopkins County Fire Department, Inc. provides fire protection and lor emergency service to an area of Hopkins County, Texas, outside municipalities, and WHEREAS, Hopkins County, Texas, pursuant to Local Government Code section 352.001 may furnish fire protection and emergency service to the residents oft the County within municipalities that are within the boundaries of Hopkins County. The Hopkins County Fire Department and City of Cumby, Texas desire to enter into an agreement pursuant to authority ofTitle 7, V.T.C.A. Government Code, Section 81.028 and V.T.C.A. Civil Practice and Remedies Code, Section 78.001, as applicable, in order that Hopkins County, Texas through the Hopkins County Fire Department may provide fire protection and emergency service for portions of Hopkins County, Texas, within the municipality of Cumby, Texas. NOW, THEREFORE, THIS AGREEMENT is made and entered into this the  day of] January, 2020, by and between the HOPKINS COUNTY FIRE  DEPARTMENT, and' THE CITY OF CUMBY, TEXAS, each existing under the laws ofthe State ofTexas, and for the benefits and considerations hereinafter expressed, the Hopkins  County Fire Department and City of Cumby, Texas agree as follows:  1. Hopkins County Fire Department agrees to provide assistance in any investigation of  fires that occur with the city limits of Cumby, Texas.  2. Hopkins County Department shall keep records as to all: fire investigations made.    EXECUTED IN DUPLICATE, this  day of January, 2020, as duly  authorized by Hopkins County Fire Department and City ofCumby, Hopkins County,  Texas.  Robert Newsom Hopkins County Judge  Print name  Mayor, City of Cumby, Texas  Andy Endsley Hopkins County Fire Chief  Signature  Mayor, City of Cumby, Texas  ATTEST:  Tracy Smith Hopkins County Clerk    ARK-TEX COUNCIL OF GOVERNMENTS AND CITY OF CUMBY  INTERLOCAL AGREEMENT FOR CITY 9-1-1 ADDRESSING  This Interlocal Cooperation Agreement ("Agreement") is between the Ark-Tex Council ofGovernments, a regional planning commission ("RPC") and political subdivision of the State ofTexas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 oft the Local Government Code and the City of Cumby, a Texas municipality that is located in Hopkins County ("The City of Cumby"). The RPC and the City of Cumby may be referred to individually as "Party" and collectively as Whereas, the RPC has developed a Strategic Plan to establish and operate 9-1-1 service (Strategic Plan) in State Planning Region 5, and the Commission on State Emergency Communications (Commission) has approved its current Strategic Plan.; Whereas, in the Strategic Plan, the RPC agreed toj perform several duties including contacting local governments located within the. ATCOG region in order to obtain geographic information services (GIS) data and address related data to support 9-1-1 Whereas, the Parties enter into this Agreement pursuant to the Interlocal Cooperation Act, Chapter 791 oft the Government Code sO the City ofCumby is authorized to exchange address related data on a routine basis or solicit the service of the RPC: for updating the city portion ofc county-wide and region-wide 911 addressing database. Now Therefore, the Parties, in consideration oft the obligations described in this  "Parties".  coverage in Hopkins County; and  Agreement, do agree as follows: Section 1. Purpose  Thej purpose oft this Agreement is for the RPC to assist with assignment upon city approval and obtain address related data from the City of Cumby SO the RPC can maintain the county-wide 9-1-1 addressing database to support 91-1 emergency service  delivery throughout the City of Cumby and Hopkins County.  Section 2. Agreement Term  The term of this Agreement begins on Sept 1, 2019 and ends on August 30, 2020, unless terminated in accordance with the provisions of this Agreement. This Agreement automatically extends for two (2) 12-month extension periods unless either party terminates this Agreement by providing written notice to the other party at least thirty (30) days prior to the preceding Term. The initial term or each extension term may be referred  to" "Term" under this Agreement.  1    Section 3. City of Cumby Cost  Ifutilizing GIS resources outside oft the Ark-Tex Council of Governments the City of Cumby is responsible for any and all costs incurred to perform its obligations under this Ifutilizing ATCOG 9-1-1 GIS services there will be no cost for the 9-1-1 database address assignments and a quarterly exchange of data provisioned to the 9-1-1 database  Agreement. The RPC will not be responsible for this cost.  and mapping.  Section 4. Designation of Contract Manager  4.1 The 9-1-1 Addressing Coordinator is the current Ark-Tex Council of Governments  911 Program Manager.  Correspondence should be sent to the following: Attention: Ark-Tex Council of Governments  9-1-1. 4 Addressing 4808 Elizabeth Street  Texarkana, TX 75505 or electronically to washington@atcogorg  The RPC's Contract Manager shall represent the interests of the RPC ini resolving any and all issues that may arise under this Agreement and serve as the RPC's designated point of  contact for the administration oft this agreement.  4.2 The City of Cumby Contract Manager is Mayor Doug Simmerman.  Correspondence should be sent to the following: Mayor Doug Simmerman, City of Cumby  100 E. Main St  Cumby, TX 75433 or electronically sent to cityotcumby@cumbytel.com This individual shall represent the City of Cumby as the Contract Manager for this Agreement and be the City's designated point of contact for the administration ofthis 4.3 Should the identity of the 9-1-1 Program Manager or the City of Cumby Contract Manager change, each party will identify a qualified and competent replacement and promptly notify the other party of the change. No formal amendment is otherwise  agreement.  required for this section.  2    Section 5. RPC Duties  5.1 RPC agrees to update and maintain the Master Street Addressing Guide (MSAG) with the RPC data base provider for all identified addresses in Hopkins County. 5.2 RPC agrees to review and approve street names and street layout as it relates to addressing submitted through preliminary subdivision review in the City ofC Cumby that 5.3 RPC agrees to review and approve street names and street layout submitted for new site plans in The City of Cumby that the City of Cumby submits to the 9-1-1 Addressing Coordinator. This includes new site plans for street-like network of private driveways when the developer is naming the private driveways such as mixed-use developments, mobile home parks, and condominiums but excludes new site plans for developer named 5.41 RPC agrees to review and approve names submitted for street names changes in The City of Cumby that the City of Cumby provides the 9-1-1 Addressing Coordinator. 5.5 RPC agrees to provide MSAG records specific to the City of Cumby upon written 5.61 RPC agrees to provide utility verification for addresses in the City of Cumby upon 5.7 The RPC agrees to provide all preliminary subdivisions that contain streets in review to the City Contract Manager. Under this Agreement, the 9-1-1 Addressing Coordinator will review and confirm, if acceptable, all street names that are in compliance with the ATCOG Addressing Guidelines for the City of Cumby prior to the City of Cumby's approval within 10 business days ofreceipt; ifr not received within 10 days street names 5.8 The RPC agrees to provide all preliminary subdivisions that contain streets ini review tot the 9-1-14 Addressing Coordinator. Under this Agreement, the 9-1-1 Addressing Coordinator will review and confirm, ifacceptable, all street names that are in compliance with the. ATCOG Addressing Guidelines for the City of Cumby prior to the City of Cumby's approval within 10 business days of receipt; ifi not received within 10 5.9 RPC agrees toj provide the City of Cumby Contract Manager with documentation of address(s) assigned for each newly addressed property in the City of Cumby within two weeks of the address assignment. For consistency iti is recommended that the address(s)  the City of Cumby submits to the 9-1-1 Addressing Coordinator.  private driveways in apartment complexes.  request by the City of Cumby Contract Manager.  written request.  are considered approved.  days street names are considered approved.  should comply with the ATCOG Addressing Guidelines.  3    Section 6. City of Cumby Duties  6.1 The City of Cumby agrees to only approve subdivision plats after the RPCI has validated and approved new: road names. The City of Cumby will provide a copy ofall newly recorded subdivision plats to the 9-1-1 Addressing Coordinator within two weeks 6.4 The City of Cumby agrees to coordinate with the 9-1-1 Addressing Coordinator on all proposed the City of Cumby street name changes and provide documentation oft the final proposed street name changes within two weeks of the street name effective date. For consistency iti is recommended that street names must follow the. ATCOG County Street 6.5 The City of Cumby agrees to coordinate with the 9-1-1 Addressing Coordinator on all proposed the City of Cumby address changes and provide documentation oft the final approved address changes within two weeks of the address effective date. For consistency it is recommended that address changes comply with the. ATCOGA Addressing Guidelines or the. Ark-Tex Council fGovermments Addressing Standards. 6.6 The City of Cumby agrees to provide its electronic copies ofo ordinances and resolutions pertaining to subdivision and street vacations to the 9-1-1 Addressing  from the date of plat recordation with Hopkins County.  Name Standards.  Coordinator within thirty (30) days of approval.  6.7 The City of Cumby agrees to provide notification of proposed annexations and disannexations within Hopkins County to the 9-1-1 Addressing Coordinator no later than thirty (30) days prior to the effective date ofthe annexation or disannexations, as The City of Cumby may also provide the annexation boundaries in a GIS format. The City of Cumby will provide prompt notification to the 9-1-1 Addressing Coordinator 6.6The City of Cumby agrees to provide the 9-1-1 Addressing Coordinator with all signed ordinances and maps regarding boundary changes as described in the Local  applicable.  upon approval ofall annexations and disannexations.  Government Code Chapter 41.  Section 7. Confidential and Proprietary Information  All material submitted to the RPC becomes public property and is subject to the Texas Public Information Act on receipt. Ift the City of Cumby does not desire proprietary information to be disclosed, each page must bei identified and marked proprietary at time ofsubmittal. The RPC will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Ift the City of Cumby fails to identify proprietary information, it agrees that by submission oft the information that the material  shall be deemed nonproprietary and available upon public request.  4    Section 8. RPC Right to Audit  The City of Cumby agrees representatives oft the Office oft the RPC Auditor or other authorized representatives of the RPC shalll have access to, and the right to audit, examine or reproduce, any and all documents of the City of Cumby related to the City of Cumby's performance under this Agreement upon RPC's advance written notice to The City of Cumby and scheduling between the Parties. In no event will the RPC have the right to inspect records the City of Cumby deems are confidential or proprietary. Audits shall be  at the RPC's expense.  Section 9. The City of Cumby Right to Audit  RPC agrees representatives oft the City of Cumby's Auditor's Office, or other authorized representatives of the City of Cumby, shall have access to, and the right to audit, examine or reproduce, any and all documents oft the RPC's performance under this Agreement upon the City of Cumby's advance written notice to RPC and scheduling between the Parties. In no event will the City of Cumby have the right to inspect records the RPC deems are confidential or proprietary. Audits shall be at the City of Cumby's expense.  Section 10. Independent Contractor  This Agreement shall not be construed as creating an employer/employee relationship, a partnership, joint enterprise, or a joint venture between the parties. RPC and the City of Cumby are independent contractors. The Parties agree and understand that this Agreement does not grant unto the other Party any rights or privileges established for  employees of either the RPC or the City of Cumby.  Section 11. Default  A Party to this Agreement shall be in default ("Event ofDefault") under this Agreement if the Party (a) fails to fully, timely and faithfully perform any ofits material obligations under this Agreement; or (b) fails to provide adequate assurance of performance under  Section 12.  Section 12. Right to Assurance  Whenever a Party to this Agreement in good faith has reason to question the other Party's intent toj perform, demand may be made to the other Party for written assurance oft the intent toj perform. In the event that no assurance is given within ten working days after demand is made, the demanding Party may treat this failure as an anticipatory repudiation  oft the Agreement.  Section 13. Termination for Cause  5    Ife either Party commits an Event of Default, the non-defaulting Party shall deliver written notice of such Event ofDefault to the defaulting Party. Such notice must specify the nature of the Event ofDefault and inform the defaulting Party that unless the Event of Default is cured within thirty (30) days oft receipt of the notice, additional steps may be taken to terminate this Agreement. Ift the defaulting Party begins a good faith attempt to cure the Event of Default within thirty (30) days, then and in that instance, the thirty (30) day period may be extended by the non-defaulting Party, so long as the defaulting Party continues to prosecute a cure diligently to completion and continues to make a good faith attempt to cure the Event ofDefault. If, in the opinion ofthe non-defaulting party, the defaulting Party does not cure the breach within thirty (30) days or otherwise fails to make any diligent attempt to correct the Event ofI Default, the defaulting party shall be deemed tol be in default and the non-defaulting Party may terminate this Agreement. The Parties' rights and remedies under the Agreement are cumulative and are not exclusive of  any other right or remedy provided by law. Section 14. Termination without Cause advance written notice to the other party. Section 15. Dispute Resolution  Either Party may terminate this Agreement without cause by providing thirty (30) days  15.1Ifa dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute ofl limitations or to seek injunctive relief. Either Party may make a written request for ai meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each Party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. Thej purpose of this and any subsequent meeting is to attempt in good faith to negotiate ai resolution oft the dispute. If, within thirty (30) calendar days after such meeting, the Parties have not succeeded in negotiating a resolution oft the dispute, they 15.2 Negotiation may be waived by a written agreement signed by both Parties, in which event the Parties may proceed directly to mediation as described below. Ifthe efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, ai mediator trained in mediation skills to assist with resolution oft the dispute. Should they choose this option, the RPC and the City of Cumby agree to act in good faith ini the selection ofthe mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the said agreement prevents the parties from relying on the skills ofa a person who is trained ini the subject matter of the dispute or an agreement interpretation expert. Ifthe Parties fail to agree on a mediator within thirty (30) calendar days ofinitiation oft the mediation process,  will proceed directly to mediation as described below.  6    the mediator shall be selected by the Hopkins County Dispute Resolution Center (DRC). The Parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The RPC and the City of Cumby will  share the costs of mediation equally. Section 16. Survival of Obligations  All provisions oft this Agreement that impose continuing obligations on the parties, including but not limited agreement purpose, and confidentiality shall survive the  expiration or termination oft this Agreement. Section 17. Texas Public Information Act  The Parties agree that this Agreement is subject to the Texas Public Information Act and the Act shall control to the extent ofany conflict between the terms ofthis Agreement  and the Act.  Section 18. Current Revenues  This Agreement is authorized by the Interlocal Cooperation Act of Chapter 791 ofthe Texas Government Code. This Agreement does not require payments from one party to the other. However, to the extent applicable, each party's monetary obligations hereunder are payable only and solely from the current revenues appropriated and available for the  performance of such obligations. Section 19. Assignment  Al Party to this Agreement may not assign or transfer its interests under this Agreement.  Section 20. Entirety of the Agreement  This Agreement constitutes the entire Agreement and understanding between the Parties and supersedes all previous agreements, understandings, discussions, or representations concerning its subject matter. This Agreement may not be amended in whole ori inj part except in a written amendment executed by both Parties to this Agreement.  Section 21.Jurisdiction and Venue  The Parties agree that this Agreement is governed by the laws oft the State ofTexas and that venue for a dispute arising from this Agreement shall be in Austin, Hopkins County,  Texas.  Section 22. Severability  7    Ifa term or provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement remains effective to the  extent permitted by law. Section 23. Notices  Any notice, request, or other communication required or appropriate to be given under this Agreement shall be in writing and shall be deemed delivered three (3) business days after postmarked ifs sent by U. S. Postal Service Certified or Registered Mail Return Receipt Requested. Notices delivered by any other means (fax or courier) shall be deemed delivered upon receipt of a successful fax or courier confirmation report by the addressee. Routine communication may be made by first class mail, facsimile, or other commercially accepted means. Notices to the RPC and the City of Cumby shall be  addressed as follows: RPC Rea Washington, ENP 9-1-1 Program Manager Ark-Tex Council of Governments 4808 Elizabeth Street Texarkana, TX 75505 (903)832-8636  City of Cumby Doug Simmerman Mayor City of Cumby 100 E. Main St. Cumby, TX 75433 (903)994-2272  Section 24. Governmental Immunity  Nothing int this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or equity to either oft the Parties nor to create any legal rights or claims on behalfo of any third party. Neither the RPC nor the City of Cumby waives, modifies, or alters to any extent whatsoever the availability oft the defense of governmental immunity  under the laws oft the State ofTexas. Section 25. Execution of this Agreement  Parties to this Agreement shall submit certified documentation of approval by the governing body authorized to execute this Agreement. This Agreement may be executed (by original or facsimile) by the Parties in one or more counterparts, each of which shall  be considered one and the same agreement.  Section 26. Force Majeure  Neither Party shall be liable for any default or delay in the performance ofits obligations under this Agreement if, while and to the extent such default or delay is caused by acts of  8    God, unusual weather conditions, fire, riots, sabotage, acts of domestic or foreign terrorism, or any other cause beyond the reasonable control ofs such Party ("Force Majeure"). Force Majeure does not include economic or market conditions, which affect ap party's cost, but not its ability toj perform. The Party invoking Force Majeure shall give prompt, timely and adequate notice to the other Party, by facsimile transmission or telephone confirmed promptly thereafter in writing, and shall use due diligence to remedy the event of Force Majeure, as soon as reasonably possible. In the event of default or delay in Agreement performance due to any of the foregoing causes, then the time for completion of the services will be extended by a mutually agreeable period oft time reasonably necessary to overcome the effect of such failure to perform.  Section 27. Agreement and Signatures  Each individual signing this Agreement on behalf ofal Party warrants that he or she is legally authorized to do SO and that the party is legally authorized to perform the  obligations undertaken.  This Agreement states the entire agreement oft the Parties, and an amendment to iti is not  effective unless in writing and signed by all Parties. This Agreement is executed in duplicate originals.  The Agreement is effective on the last date signed by the Parties.  ARK-TEX COUNCIL OF GOVERNMENTS  CITY OF CUMBY  By_ Chris Brown Executive Director Date Exhibits  By_ Doug Simmerman Mayor Date_  ATCOG- Ark-Tex Council of Governments Addressing Guidelines  9    AVR, Inc. 12332 Cutten Road Houston, Texas 77066 713.523.1623 www.avrub.com Date: 11/25/2019 Prepared by: Sarah Young 832.392.3537 281.872.9232 syoung@avrub.com  A -  QUOTE (valid for 30 Days)  Prepared For: City of Cumby Kelsie Thomas (903)994-2272 P.O. Box 349 Cumby, Texas 75433  UTILITY BILLING SOFTWARE- PRODUCTS AND/OR SERVICES  PRODUCT DESCRIPTION  UNITS/ACCTs 398  PRICE .25 Included Included Included Included Included Included Included Included Included Included Included $3,000.00 $100.00  ExT PRICE $99.50/MTH Included Included Included Included Included Included Included Included Included Included Included $3,000.00 $2,400.00 $5,400.00  UVisionPLUS Utility Billing Software Multi-level Security Controls Cloud Data Hosting Unlimited History & Notes ActivityL Log Audit Unlimited Billable Services/Rate Tables Service Order Module Security Deposit Module Cash Collections Module (Point of Sale & Receipting) Account System GL Export Interface RG3 Meter Reading Interface Annual Software Maintenance, Revisions & Rate Changes Implementation Services Conversion/Parale! Billing Audit  398 24  Training (hourly, on-site, travel expense not included) UPFRONT NVESTMENT (One Time) GRAND TOTAL  ADDITIONAL PRODUCTS & SERVICES  Point of Sale Equipment (One time upfront)  Receipt Printer Cash Drawer Monthly Services  $863.00 $350.00 0.71 0.25 0.25 $129.60 0.22 5%  $863.00 $350.00  1 PERI ITEM PERI ITEM PERI ITEM MTHLY PERI ITEM PERI ITEM  Bill Printing, stuffing and mailing Services (includes postage) uReceivables Electronic Lockbox Service uScan Paper Lockbox Service uVision Online e-Bill Presentment & Payment Portal/IVR Paperless Billing Credit card processing fee    MIEMO  Chief of Police, Paul Robertson needs to be taken off of the seizure account ***0358. There are 2 accounts and he is only supposed to be on the pending seizure account ***3110. This account requires 2 signatories. City Secretary, Codi Reynolds needs to be added to this account. The signers for seizure account ***0358 are Mayor Doug Simmerman and City Secretary Codi  Reynolds.