Cityo ofCumby Special Canvass Meeting Notice Tuesday, November 17, 2020  6:00PM  Notice of an agenda for a special canvass meeting oft the City Council oft the City of Cumby, Texas tol be held on' Tuesday, November 17, 2020 at 6:00 p.m. at City Hall located at 100 East Main Street in Cumby,  Texas.  Zoom Link: htps/As0PwehzoomatKE/8119905699  Meeting ID: 81129056999 I. Call to Order  II. Canvass oft the November 3, 2020 Election  III. Discuss and. Adopt Ordinance 2020-11-03 reauthorizing al local sales and use tax within the city at a rate of one fourth (1/4) of one percent (196) to provide revenue for maintenance and repair of  municipal streets. IV. Elect Mayor Pro-Tem V. Adjournment  I, Codi Reynolds, hereby certify this agenda was posted inj public view on Friday, November 13, 2020 at  4:00 p.m.  Cki  lemolda City Secrétary    CITY OF CUMBY 113:2020 GENERAL Run Time Runl Date  HOPKINS COUNTY, TEXAS GENERAL ELECTION 11/3/2020 Pagelof1  Unofficial results Registered Voters 2740f0-000x Precincts Reporting 00f38-000%  10:32AM 11/11/2020  Mayor- - Vote for none or one  Election Day Voting 115 100.00% 115 100.00% 29 0  Choice Doug Simmerman  Party Absentee Voting  Early' Voting 86 100.00% 86 100.00% 28 0  Total 214 100.00% 214 100.00% 60 0  13 100.00% 13 100.00% 3 0  Cast Votes: Undervotes: Overvotes:  Alderman, Place 1- Vote for none or one  Election Day Voting 66 53.66% 57 46.34% 123 100.00% 21 0  Choice Sheryl Lackey Wayne Mobley  Party Absentee Voting  Early Voting 53 52.48% 48 47.52% 101 100.00% 13 0  Total 124 52,54% 112 47.46% 236 100.00% 38 0  41.67% 7 58.33% 12 100.00% 4 0  Cast Votes: Undervotes: Overvotes:  Alderman, Place 2- Vote for none or one  Election Day Voting 57 50.44% 56 49.56% 113 100.00% 31 0  Choice Amber Hardy Audri Mayo  Party Absentee Voting  Early' Voting 73 75.26% 24 24.74% 97 100.00% 17 0  Total 133 60.45% 87 39.55% 220 100.00% 53 1  3 30.00% 7 70.00% 10 100.00% 5 1  Cast Votes: Undervotes: Overvotes:  City of Cumby Proposition A  Election Day Voting 96 71.11% 39 28.89% 135 100.00% 9 0  Choice For Against  Party Absentee Voting  Early Voting 72 66.06% 37 33.94% 109 100.00% 5 0  Total 183 70.38% 77 29.62% 260 100.00% 14 0  15 93.75% 1 6.25% 16 100.00% 0 0  Cast Votes: Undervotes: Overvotes:    Form #2204 Rev 9/2017 Submit to: SECRETARY OF STATE Government Filings Section POI Box 12887 Austin, TX 78711-2887 512-463-6334 FAX 512-463-5569 Filing Fee: None  This space reserved for office use  OATH OF OFFICE  IN THE NAME AND BY THE. AUTHORITY OF THE STATE OF TEXAS,  1, Doug Simmerman  do solemnly swear (or affirm), that Iv will faithfully  execute the duties of the office of City of Cumby Mayor oft the United States and oft this State, sO help me God.  of  the State ofTexas, and will to the best ofmy ability preserve, protect, and defend the Constitution and laws  Signature of Officer  Certification of] Person Authorized to Administer Oath  State of County of  Sworn to and subscribed before me on this  day of  20  (Affix Notary Seal, onlyi ifoath administered bya notary.)  Signature of] Notary Public or  Signature of Other Person Authorized to. Administer An  Oath  Printed or Typed Name  Form 2204  3    Form #2201 Rev. 05/2020 Submit to: SECRETARY OF STATE Government Filings Section P O Box 12887 Austin, TX 78711-2887 512-463-6334 512-463-5569. - Fax Filing Fee: None  STATEMENT OF OFFICER  Statement  1, Doug Simmerman  do solemnly swear (or affirm) that I have not  directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as ai reward to secure: my appointment or confirmation, whichever the case  may be, so help me God.  Title ofl Position to Which Blected/Appointed: City of Cumby Mayor  Execution  Under penalties of perjury, Ideclare that Ihave read the foregoing statement and that the facts stated therein  are true. Date: 11/17/2020  Signature ofOfficer  Form 2201  2    Form #2204 Rev 9/2017 Submit to: SECRETARY OF STATE Government Filings Section POI Box 12887 Austin, TX 78711-2887 512-463-6334 FAX512-463-5569 Filing Fee: None  This space reserved for office use  1D  OATH OF OFFICE  INT THE NAME AND BY THE. AUTHORITY OF THE STATE OF TEXAS, execute the duties oft the office of City of Cumby Alderman Place 1 oft thel United States and oft this State, sO help me God.  I, Sheryl Lackey  do solemnly swear (or affirm), that I will faithfully  of  the State ofTexas, and will tot the best of my ability preserve, protect, and defend the Constitution and laws  Signature of Officer  Certification of Person Authorized to Administer Oath  State of County of  Sworn to and subscribed before me on this  day of  20  (Affix Notary Seal, only ifoath administered bya notary.)  Signature of Notary Public or  Signature of Other Person Authorized to. Administer An  Oath  Printed or Typed Name  Form 2204  3    Form #2201 Rev. 05/2020 Submit to: SECRETARY OF STATE Government Filings Section P O Box 12887 Austin, TX 78711-2887 512-463-6334 512-463-5569 -1 Fax Filing Fee: None  STATEMENT OF OFFICER  Statement  I, Sheryl Lackey  do solemnly swear (or affirm) that Ihave not  directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which. I was elected or as a reward to secure my appointment or confirmation, whichever the case  may be, so help me God.  Title ofPosition to Which Blected/Appointed: City ofCumby Alderman Place 1  Execution  Under penalties of perjury, I declare that Ihave read the foregoing statement and that the facts stated therein  are true. Date: 11/17/2020  Signature of Officer  Form 2201  2    Form #2204 Rev 9/2017 Submit to: SECRETARY OF STATE Government Filings Section POI Box 12887 Austin, TX 78711-2887 512-463-6334 FAX512-463-5569 Filing Fee: None  This space reserved for office use  OATH OF OFFICE  IN THE: NAME AND BY THE. AUTHORITY OF THE STATE OF TEXAS, execute the duties oft the office of City of Cumby Alderman Place 2 of the United States and oft this State, sO. help me God.  I, Amber Hardy  do solemnly: swear (or affirm), that Iv will faithfully  of  the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws  Signature of Officer  Certification of Person Authorized to Administer Oath  State of County of  Sworn to and subscribed before me on this  day of  20  (Affix! Notary Seal, onlyi ifoath administered! bya notary.)  Signature ofNotary Public or  Signature of Other Person Authorized to. Administer An  Oath  Printed or Typed Name  Form 2204  3    Form #2201 Rev. 05/2020 Submit to: SECRETARY OF STATE Government Filings Section P 0 Box 12887 Austin, TX 78711-2887 512-463-6334 512-463-5569. - Fax Filing Fee: None  STATEMENT OF OFFICER  Statement  I, Amber Hardy  dos solemnly swear (or affirm) that Ihave not  directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which Iwas elected or as ai reward to secure my appointment or confirmation, whichever the case  may be, so help me God.  Title of Position to Which Elected/Appointed: City ofCumby Alderman Place 2  Execution  Under penalties of! perjury, Ideclare that Ihave read the foregoing statement and that the facts stated therein  are true. Date: 11/17/2020  Signature of Officer  Form 2201  2    ORDINANCE NO. 2020-11-03  AN ORDINANCE OF THE CITY OF CUMBY, TEXAS REAUTHORIZING A LOCAL SALES AND USE TAX WITHIN THE CITY AT THE RATE OF ONE FOURTH (1/4) OF ONE PERCENT (1%) TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS PURSUANT TO THE PROVISIONS OF CHAPTER 327, TEXAS TAX CODE; DIRECTING THE CITY SECRETARY TO NOTIFY THE STATE COMPTROLLER OF PUBLIC ACCOUNTS OF THE RESULTS OF THE LOCAL SALES AND USE TAX ELECTION HELD WITHIN THE CITY ON NOVEMBER 3, 2020; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.  WHEREAS, at a special election held on November 3, 2020 (the "Election") pursuant to and in accordance with law there was submitted to the duly qualified voters of the City of Cumby, Texas (the "City") a proposition ("Proposition') pertaining to the reauthorization of a sales and use tax at the rate of one-fourth of one percent (1/4 of 1%) to provide revenue for maintenance and repair of municipal streets pursuant to the  provisions of Chapter 327, Texas Tax Code (the "Code"); and  WHEREAS, on November 3, 2020, the returns from the Election were duly canvassed in accordance with law and it was determined by the adoption of Ordinance that a majority of the voters of the City voting at the Election voted for the reauthorization of said sales and use tax and by such vote approved the said sales and  No. use tax; and  WHEREAS, Section 327 of the Code provides that a municipality may adopt or reauthorize the sales and use tax authorized by Chapter 327 of the Code at an election  held in the municipality; and  WHEREAS, in accordance with the requirements of Chapter 327 of the Tax Code, with the reauthorization of the sales and use tax as described herein, the combined rate of all sales and use taxes, including the tax approved pursuant to the Election, imposed by the City and other political subdivisions of the State having territory in the City will not  exceed two percent at any location in the City; and  WHEREAS, the City Council, by the adoption of this Ordinance, desires to reauthorize and levy a sales and use tax at the rate of one-fourth of one percent (1/4 of  1%) to provide revenue for maintenance and repair of municipal streets.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF CUMBY, TEXAS:    Section 1. Tax Adopted. There is hereby reauthorized, adopted, levied and imposed a sales and use tax ati the rate of one-fourth ofone percent (1/4 of 1%) to provide revenue for maintenance and repair of municipal streets. The said tax is to be used in accordance with and for the purposes authorized by the Proposition and Chapter 327 of the Code. Accordingly, revenue from the said tax may be used only to maintain and repair municipal streets existing on the date oft the Election. For purposes oft this Ordinance, the term "municipal street" means the entire width of a way held by the City in fee or by easement or dedication that has a part open for public use for vehicular travel; the term does not include a designated state or federal highway or road or a designated county  road.  Section 2. Notification to Comptroller. The City Secretary is hereby directed to take all steps necessary to notify the Comptroller of Public. Accounts of the State of Texas of the results of the Election described in the recitals above to ensure collection of the tax. The said Comptroller is authorized to assess and collect the said sales and use tax employing the above rate pursuant to applicable provisions of the Code and other law. Section 3. Incorporation of Recitals. The above and foregoing recitals of this Ordinance are true and correct and are incorporated herein and made a part hereof for  all purposes.  Section 4. Savings. This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the  provisions of this Ordinance.  Section 5. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and  effect. approval. the  Section 6. Effective date. This Ordinance shall be effective upon its passage and PASSED AND APPROVED by the City Council of the City of Cumby, Texas this  of  2020.  Douglas Simmerman, Mayor    ATTEST:  Codi Reynolds, City Secretary APPROVED AS TO FORM:  Edgar J. Garrett, Jr., City Attorney