ORDINANCE NO.  AN ORDINANCE OF THE CITY OF CUMBY, TEXAS ADOPTING RULES AND REGULATIONS FOR THE USE OF PUBLIC PARKS WITHIN THE CITY OF CUMBY, TEXAS; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $500.00 FOR ANY VIOLATION; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS WHEREAS, the City Council of the City of Cumby, Texas finds that it is in the best interest of the health, safety and welfare of its citizens to adopt rules and regulations of city  CLAUSE; AND SETTING AN EFFECTIVE DATE.  parks;  NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. A new article for the Rules and Regulations of Public Parks of the Code of Ordinances of the City of Cumby, Texas, is hereby adopted and shall read as follows:  CUMBY, TEXAS:  SECTION 1.01  Definitions  "Applicant" means any individual, person, firm, partnership, association, corporation, or organization applying for a City of Cumby Park Reservation Permit Application and/or City of Cumby Park Special Use Permit. "Application" means the written request for a City of Cumby Park Reservation Permit Application and/or City of Cumby Park Special Use Permit. "Authorized Vehicle" means any vehicle approved by the City Representative. "Burn ban" means al ban on the making or kindling of fires at any park facility based upon the city Representative's determination, in his or her sole discretion, that extreme dry weather, high winds or other conditions endanger public health  and safety.  "City" shall mean the city of Cumby, Texas. reserve any or all of the City of Cumby Park.  "City of Cumby Park Reservation Permit" means the permit needed in order to "City Representative" means the City's authorized representative or his or her "Class B. Amusement Ride" means a mechanical device that carries passengers along, around, or over a fixed or restricted course or within a defined area for the purpose of giving the passengers amusement, pleasure, or excitement, including one thati is mechanically inflated using a continuous airflow device and  designee.  Public Park Permit  Page 1 of13    provides a surface for bouncing and jumping or creates an enclosed space for the "Motorcycle" means a motor vehicle, other than a tractor, that is equipped with a rider's saddle or seat and designed to have, when propelled, not more than "Motor' Vehicle" or "Motorized Equipment" means a self-propelled vehicle or equipment, including motorized scooters and electric bicycles. This definition, however, does not include any device designed to assist a person who hasa "Non-resident" means any person residing in the Cumby Independent School District but outside of the cityl limits of the City of Cumby is a non-resident. "Park", "Public Park", or Park Facility" means any and alll land, areas, buildings, and facilities that are owned, leased, or otherwise controlled by the city, including, but not limited to parks, playgrounds, pavilions, shade structures, facility, or recreation area thereon operated by the City as a Park or Park Facility. "Park User Fee" means the sum of money to be paid as necessary for the use of "Permit" means written permission, from the city or his or her designees issued pursuant to the provisions of the Ordinance and authorizing a person or organization to carry out the activity specified int the permit at a park or park facility. Permits may include, but are not limited to, special use permits, site use "Permit Holder" means the responsible individual, person, firm, partnership, association, corporation, or organization responsible for the City of Cumby Park "Person" means any individual, person, firm, partnership, association,  purpose of amusement.  three (3) wheels on the ground.  physical disability with mobility.  the Park Facility requested.  permits and facility use agreements.  Reservation Permit and/or Special Use Permit. corporation, or organization of any kind.  "Public Gathering" means a planned [Two (2) or more hours] event that includes a minimum of 15 people in a Public Park for a specific purpose included but not limited to birthday parties, family reunions, private parties or an organized event. This definition is not to include events conducted or sponsored by a City of Cumby public school, Black. Jack Grove Daughters' annual Black. Jack Day Celebration, or Cumby Fire Department's annual Bike Ride. "Responsible Party" means any individual, person, firm, partnership, association, corporation, or organization of any kind who is responsible for compliance with all rules and regulations of the Park Ordinance, City Ordinances as well as all  Federal, State and Local laws.  Public Park Permit  Page 2 of13    "Reserved Facility or Area" means a park location which may be reserved for the exclusive use of the responsible party and includes, but is not limited to, indoor and outdoor facilities, pavilions, shaded structures, gathering areas, and their "Resident" means any person residing within the city limits of the City of Cumby. "Scheduled Activity" means an activity at a park location which has been scheduled through the city for the particular and exclusive use of a person or Special Use Permit" means a special permit needed for certain activities within  adjacent or support areas and facilities.  persons.  the City of Cumby Park.  "Trailer" means a vehicle, with or without motive power:  (1) Designed to be drawn by a motor vehicle and to transport persons (2) Constructed so that no part of the vehicle's weight and load rests  or property; and ont the motor vehicle. Purpose  Section 1.02  Iti is the purpose of the Article to establish rules and regulations governing the use of and conduct in Public Parks of the City of Cumby, Texas.  Section 1.03  Prohibited Activities  (a) Its shall be an offense for any person to knowingly do any oft the acts specified in this section in or upon any park facility, except as otherwise  specifically provided: (1) Park Hours and Loitering  (a) Public Parks shall be closed at night between the hours of (b) Its shall be unlawful for any person(s) to use or bei ina a  10:00 p.m. and 6a.m. Public Park when it is closed. (City of Cumby Ordinance 97-5)  (2) Temporary Closures  (a) Enter or use a park or parkf facility when notice has been posted at the park or park facility that it is closed; or (b) Remain in or return to a park or park facility after being given notice that the park or park facility is closed. No person shall permit or allow any child under the age of twelve (12) years of age to make use ofa a Public Park  (3) Age Requirements  without adult supervision. Public Park Permit  Page 30 of13    (4) Restroom Use  (a) Enter, remain in, or loiter near or about a public restroom  located at or in a parkf facility to (i) Engage in criminal activity; or  (ii) Use the toilet facilities for something other than their intended health purposes; or (b) Enter: a restroom designated for the opposite sex. Itisan affirmative defense to prosecution under this subpart that a person, regardless of age, entered an otherwise unoccupied restroom of the opposite sex (i) For the purpose of assisting a disabled person of the opposite sex; or (ii) Tor render reasonably necessary assistance or supervision of a child under the age of eighteen (18) years.  (5) Weapons  (a) Offense. Possess in or upon a park or park facility or (b) Possess in or upon a park or park facility or premise an air gun, paintball gun, slingshot or any other device that could project any object that is hazardous or dangerous tot the public, unless authorized by state law. (c) Applicability. Nothing in subsection 1.03 (a) shall be construed to prohibit or restrict the lawful carrying or possession ofa a firearm pursuant to state law. (City of Cumby Ordinances 80-4 and 88-2) (a) Sell, possess or consume illicit drugs in a park or park (a) Offense. Consume alcoholic beverages in a park or park facility. (City of Cumby Ordinance 74-4) (b) Sell or possess in aj park or park facility.  premise at firearm.  (6) Illicit Drugs (7) Alcohol  facility.  (8) Tobacco Use  (a) Use or consume any tobacco products including the use of  an electronic vaping device. (i) Inay park restroom; or feature; or  (ii) Inside the border of a playground or other play (ii) Under or within 201 feet of the Pavilion; or (iv) In an outdoor area of a park facilityw where itis posted as prohibited or is otherwise prohibited.  Public Park Permit  Page 4 of13    (9) Fires  (a) Make or kindle a fire in an area which is not a public stove, grill, fire pit, or other designated area provided for that  purpose; or (b) Leave at fire unattended; or  (c) Make or kindle a fire during those periods that the City determines that a burn ban is appropriate and notice to the public of any such burn ban had previously been published on the city's web page. (City of Cumby Ordinance 2015-08-001)  (10) Fireworks  No person, firm, company, corporation, or association shall cast, throw, or fire any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol, cap or cartridge, or other combustible fireworks of any kind in the City Park. Destroy, damage, deface or remove shrubbery, trees, soil, grass, turf or other vegetation, rock, mineral or any other personal or real property or dump any type of trash or  (City of Cumby Ordinance 92-3)  (11) Environmental Disturbance  debris.  (12) Motorized Vehicles and Equipment  (a) Operate and/or use any motor vehicle or motorized equipment in and/or upon a Public Park except in certain areas, drives and pathways specifically designated or authorized for such purpose, including but not limited to: automobiles, airplanes, drones, motor bikes, motorcycles, all-terrain vehicles (ATVs), mopeds, go-carts or motorized (b) Operate any motor vehicle or motorized equipment in areas designated for the operation of such motor vehicles or motorized equipment in willful or wanton disregard for (c) Park any motor vehicle or motorized equipment upon the grass, lawn, or any other areas within a Public Park that have not been designated for parking purposes. (d) Park any motor vehicle or motorized equipment in any parking lot or parking area sO as to obstruct, block or hinder ingress or egress of such parking lot or parking (e) Applicability. This prohibition shall not apply to the following organizations during the designated event:  models.  the safety or persons or property.  area.  Public Park Permit  Page 5 of13    (i) Cumby Volunteer Fire Department's Annual Bike (ii) Black. Jack Grove Daughters' Annual Black. Jack (ii) Stars and Stripes Annual 5K Run (City of Cumby Ordinance 2012-3) (a) Ride or lead a horse in the Public Park. (b) Abandon any animal. animal produce.  Ride. Grove Day.  (13) Animals  (c) Fail to immediately remove and dispose of any excreta an (d) Permit an animal which is not a service animal used to assist the person with a disability to enter or remain inside (f) Fail to keep an animal restrained by a leash not more than six (6) feet long, which leash shall at all times serve as a connection between the animal and the person that  the park or park facilities. (e) Permit an animal to run at large.  accompanies the animal. (g) Permit an animal to remain unattended. (h) Tether an animal to any object. (i) Applicability. This shall not apply to:  (i) The animal is a police service animal under the supervision of a peace officer in the performance (ii) The animal is training in designated areas for search and rescue purposes that benefit the public (City of Cumby Ordinances 97-6, Section 1(a) and 2012-3) (a) No person will possess or bring any glass container(s) into (b) Applicability. This prohibition shall not apply to the Black Jack Grove Daughters' annually held Black. Jack Grove Day Celebration for the purpose of putting soups and chilis into Erect any permanent sign on or in any park facility area. Failure to notify a City official at the City Hall or Police (a) A defective or dangerous condition at a Public Park; or  of his official duties.  good.  (14) Glass Containers  af Public Park.  mason jars.  (15) Signs  (16) Failure to Notify  Department of:  Public Park Permit  Page 6 of13    (b) Any injury or damage to persons or property occurring ata  Public Park.  (b) None oft the above provisions apply to city employees, agents or contractors in the performance of maintenance, construction or repair duties for any park or park facility except subsections (5), (6), (7), (8) and  (10).  Section 1.04.001  Activities allowed with a City of Cumby Park Reservation Permit or as posted by the City Representative or his or her designee (a) Its shall be an offense for any person to do any oft the acts specified in this section in or upon any park, public park or park facility except with a City of Cumby Park Reservation Permit or as posted by the city representative  or his or her designee. Public Gathering  (1) Use of the pavilion, shade structure and/or restrooms including, but not limited to, birthday parties, family reunions or private parties, or any organized planned event fora a specific purpose without a City of Cumby Park (2) Applicability. This shall not apply to the following organizations during the designated event: (a) Cumby Volunteer Fire Department and their Annual Bike Ride; or (b) Black. Jack Grove Daughters and their Annual Black Jack Grove Day celebration; or (c) Stars and Stripes Annual 5K Run for Spc Arsenio (d) A planned event of the City of Cumby Public School which has been given notice to the City  Reservation Permit.  Ugalde II Representative.  Section 1.04.002  Activities allowed with a City of Cumby Park Reservation Permit  AND a City of Cumby Special Use Permit  (a) It shall be an offense for any person to do any of the acts specified in this section in or upon any park, public park or park facility except with a City of Cumby Reservation Permit AND a City of Cumby Special Use Permit or as posted by the city representative or his or her designee.  (1) Sale of Goods and Services  (a) Sell or offer for sale any food, drinks, confections,  merchandise, or services, unless provided through a City of Cumby Park Reservation Permit and a City of Cumby Special Use Permit, contract or facility use agreement.  Public Park Permit  Page 7 of13    (b) Commercial or business activities for which, unless a City of Cumby Park Reservation Permit and a City of Cumby Special Use Permit, contract orf facility use agreement: () Any participation or admission fee is charged or revenue is otherwise derived; or (ii) Commercial promotional materials or advertising is (c) Applicability. This shall not apply to the following organizations during the designated activities: () Cumby Volunteer Fire Department and their (ii) Black. Jack Grove Daughters and their Annual Black (i) Stars and Stripes Annual 5K Run for Spc Arsenio  distributed.  Annual Bike Ride; or Jack Grove Day celebration.  Ugalde II  (2) Sound Amplification  (a) Use any type of sound amplification devices including, but not limited to, loudspeakers, amplifiers or microphones, unless provided through a City of Cumby Park Reservation Permit and a City of Cumby Special Use Permit, contract or  facility use agreement.  (b) Applicability. This shall not apply to the following organization during the designated event: (i) Cumby' Volunteer Fire Department and their Annual Bike Ride; or (ii) Black Jack Grove Daughters and their Annual Black Jack Grove Day celebration; or (iii) A planned event of the City of Cumby Public School which notice has been given to the City (iv) Stars and Stripes Annual 5K Run for Spc Arsenio  Representative. Ugalde II  (3) Class B Amusement Ride  (a) Use of any bounce house requires a City of Cumby Park Reservation Permit Application, a City of Cumby Special Use Permit and the vendor must carry at least $1 million Insurance Policy. Iti is the responsibility oft the Permit Holder or the Responsible Party to ensure the vendor supplies the required insurance. A copy of the Insurance Policy must be turned in three (3) days prior to the reservation date to the City Representative. Itis the responsibility of the Permit Holder to make sure that the Bounce House Company provides a generator as a source  for electricity. Public Park Permit  Page 8 of13    (Occupations Code Chapter 2151) (b) Applicability. The fees of the City of Cumby Park  Reservation Permit Application and City of Cumby Special Use Permit shall not apply to thei following organizations (i) Black. Jack Grove Daughters and their Annual Black (ii) A planned event of the City of Cumby Public School which has given notice to the City Representative. 1.04.00213)0)0.0, still must provide documentation of any participating vendors of any and all documentation of  during the designated events:  Jack Grove Day celebration; or  (c) The above-mentioned organizations in Section  Class B. Amusement Ride.  Section 1.05  City of Cumby Park Reservation Permit Application Procedure (a) A person wishing to conduct an activity in a park facility which requiresa City of Cumby Reservation Permit and a City of Cumby Special Use Permit under sections 1.03, 1.04.001 and 1.04.002 oft this Ordinance shall file an application with the City Secretary. The application shall at a minimum (2) The name, address, and telephone number of the applicant. Ift the use or activity is to be conducted for, on behalf of, or by any person or organization other than the applicant, then the name, address and telephone number of that person or organization (3) The date(s) and hours for which the permit is requested; (4) An estimate of the anticipated attendance; (5) The type of sound: system, if any; (6) The special effects or features, ifa any (for example bands) (7) Whether the function sponsored is for profit or nonprofit; (8) Whether goods will be sold or fees charged. (9) Whether the applicant is a resident ofi the City of Cumby, Texas; (10) Any requested site support for the permitted activity, including the need for additional sanitary and refuse facilities; (11) Any additional information required by the cityf for organizational, health, safety and welfare purposes oft the city related to the size  provide the following information: (1) The date of the application;  must be provided;  and nature oft the event.  (b) City of Cumby Park and Reservation Permit applications and/or City of Cumby Special Use Permits shall be filed with the city for consideration not less than fifteen (15) business days nor more than three hundred sixty-five (365) days before the date of the proposed use or activity, except as otherwise provided int the rules and regulations of the City of Cumby or if waived in writing by the City. The city shall evaluate the  Public Park Permit  Page 9 of13    application and render: a decision in accordance with section 1.06 within  five (5) business days of receipt of such request.  Section 1.06.001  Reason for City of Cumby Park Reservation Permit Denial (a) Upon receiving such written application, the City Representative must grant a written permission to use the designated park facility unless: (1) The proposed activity or use of the park facility will unreasonably interfere with or detract from the general public use and (2) The proposed activity or use of the park facility will unreasonably interfere with or detract from the public health, safety or welfare; (3) The park facility requested by the applicant has been reserved for another activity or for use at the day and hour requested int the (4) False or misleading information is contained in the application or (5) The proposed activity or use would violate any federal, state, or (6) The nature of the proposed activity or use, equipment needed for the event, and/or level of attendance would likely cause unreasonable or undue environmental damage to the park (7) The applicant submitted the application fewer than fifteen (15) days prior to the requested date of use of the Public Park where extra support trequested from the City cannot be obtained, or (8) The applicant refuses to pay any applicable fees imposed by the (b) The City Representative may impose reasonable conditions or restrictions on the granting of a City of Cumby Park Reservation Permit including but (1) Ar requirement that the applicant post a higher refundable security deposit as determined reasonable for the repair of any damage toi the park facility or the cost of clean-up or both. The amount of the refundable security deposit shall be based upon the nature, attendance, and duration of the permitted activity; (2) Arequirement: that the applicant pay a fee as set to defray the cost of furnishing adequate city personnel at the proposed use of (3) Arequirement that the applicant must submit a written proposal for security and obtain the City Representative's approval thereof prior to the event and/or Public Gathering if the City Representative determines that the use of a Public Park fora an event may reasonably cause severe injury to persons or property  enjoyment of the park facility; or  or  application; or  required information is omitted; or  municipal law; or  facility; or  City pursuant to this Article, section 1.08  not limited to any of the following:  activity;  Public Park Permit  Page 10 of13    or create a riot or disturbance detrimental to the health, safety  and welfare of the public.  Public Park Permit  Page 11 of13    Section 1.06.003  Reason for Permit City of Cumby Park Reservation Revocation  The applicant failed to provide a copy of the Bounce House Insurance Policy  within the allotted time frame. Section 1.06.002  Procedure of City Representative upon Permit Denial  Ift the City Representative denies the permit, then the City Representative must notify the applicant oft the denial and the reasons thereof by letter mailed to the applicant within five (5) business days of the date of the receipt oft the application. Such letter shall be addressed toi the applicant at the address provided on the application. If the City Representative fails to mail such al letter within such 5-day period, such failure shall be deemed a granting of permission to use the Public Park area or facility as requested. Ift the denial is based upon Subsections 1.06.001 above, the City Representative shall advise the applicant of alternate Public Park areas, ifa any, capable of handling a Public Gathering of the  requested size and nature. Section 1.07 Collection and Disposition  The fees established int this article shall be collected by the citya and upon receipt  thereof shall be credited to the appropriate funds of the city.  Section 1.08 Park Reservation Refundable Security Deposit, Park User Fees and  Special Use Permits  (a) Different fees may be established for residents, nonresidents and those residents who can show proof of living in Section 8 housing. (1) There will be a refundable security deposit ini the amount of:  (a) Cumby resident $50.00. (b) Non-Cumby resident $75.00 (c) Resident in Section 8 housing $25.00 (a) Cumby resident $25.00 (b) Non-Cumby resident $25.00 (c) Section 8 Cumby resident $0.00  (2) Park User Fee  (3) Special Use Permits:  (a) Bounce house and other Class B. Amusement Ride $25.00. Pursuant to! Section 1.04.002(a)(3). (b) Sale of goods and services $25.00. Pursuant to Section 1.04.0020)00/D). (c) Sound Amplification $25.00. Pursuant to Section 1.04.002(a/2/a). (4) The City Representative may waive any and all fees for any city-sponsored or cosponsored" function or event. For purposes of this Section, the City Representative is authorized to declare "city sponsorship."  Public Park Permit  Page 12 of13    (b) Any and all fees and charges for park use including but not limited to, pavilions, shade structures, facility, or recreation area concessions, rentals, admissions, vending licenses and permits, as well as athletics and recreation classes sponsored by the City or a private vendor may be established by the City Council. A copy of the schedule of Park fees, if any, shall be maintained for public inspection int the office oft the City Secretary.  (c) All fees must be paid at the time of booking. Park User Fees or special permit fees are not refunded for cancellations. The refundable reservation deposit will be refunded within three weeks of the reservation date provided there has been  compliance with all park rules. Determination of Reservations  Section 1.09  (a) Reservations shall be on at first-come, first-served basis. The city  Secretary shall cause all completed written applications with full payment received to be immediately time-stamped upon their actual receipt by his (b) Iftwo (2) or more conflicting applications are received simutaneously,  or her office. Pursuant to Sections 1.05 and 1.06. then preference shall be as follows:  (1) From a Cumby resident and a non-resident then precedence shall (2) If two (2) or more Cumby residents, then the precedence shall be determined by an impartial means of chance. (3) If two (2) or more non-Cumby residents, then the precedence shall be determined by an impartial means of chance. Duties and Responsibilities, Authority of the City Representative manage all Public Parks, playgrounds and recreational buildings and other improvements on park and playground property belonging to or under the control of the Cityands such other grounds as may be placed under the City Representative's control from time to time by the Mayor and City Council, and to direct the improvement and maintenance of all such (b) The City Representative shall have authority to prescribe written rules and regulations for the administration or an orderly government and use of the Public Parks, provided that such regulations do not conflict with valid laws or ordinances. A copy of such rules and regulations limitation, the City Representative is authorized to include provisions that govern the use of Public Parks by the public and may prescribe such rules and regulations that promote the healthful and generalized use of Public  be given to the Cumby resident.  Section 1.10  (a) Itshall be the duty of the City Representative to direct, control and  properties.  Parks.  Public Park Permit  Page 13 of13    (c) The City Representative or his or her designee is hereby authorized and directed to erect and place appropriate signs in areas of Public Parks to (2) Where motor vehicles, motorized equipment or other vehicles (3) Where motor vehicles, motorized equipment, other vehicles  inform persons:  (1) Where parking is allowed. may be operated. and/or trailers are prohibited. (4) Hours of operation for a Public Park.  SECTION2. All ordinances or parts of ordinances inconsistent or in conflict herewith SECTION 3. Any person who shall intentionally, recklessly or with criminal negligence, violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed $500.00. Each day of violation shall  are, to the extent of such inconsistency or conflict, hereby repealed.  constitute a separate offense.  SECTION 4. In the event any section, paragraph, subdivision, clause, phrase, provision sentence, or part of the Ordinance or the application of same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional. by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid of unconstitutional, and the City, Council of the City of Cumby, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be  one or more parts.  SECTION5 5. All rights and remedies of the City of Cumby, Texas are expressly saved as to any and all violations of the provisions of any Ordinances affecting and which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final  disposition by the courts.  Public Park Permit  Page 14 of13    SECTION 6. This Ordinance shall become effective upon passage, in accordance with  law.  DULYPASSED AND ADOPTED this the.  day of  2019  Douglas Simmerman, Mayor Pro Tem  ATTEST:  Codi Reynolds, City Secretary APPROVED ASTO FORM:  Edgar. J. Garrett, Jr., City Attorney  Public Park Permit  Page 15 of13    PARK SPECIAL USE PERMIT  Permit # XXXXX  [NAME]  BY SIGNATURE of the City Representative, or his or her designee, the following CHECKED ITEMS  HAVE BEEN APPROVED. Items noted as "NA" have not been approved.  Ina accordance with the City of Cumby Ordinance 2019-10-001, Section 1.04(3)(a), Public Waiver of the City of Cumby Ordinance 2019-10-001, Section 1.04(a)(1)-(c), Sale of Waiver oft the City of Cumby Ordinance 2019-10-001, Section 1.04(2)(a)(b), Sound Ina accordance with the City of Cumby Ordinance 2019-10-001, Section 1.04 (4), Class B You must provide insurance coverage for the day of the event with general liability insurance in an amount not less than $1,000,000 combined: single limit (CSL) and $2,000.000 general aggregate. Thei insurance carrier of this policy must be rated' "A"or better by A.M. Best's Kay Rating Guide and licensed to do business int the State of Texas. Ina addition, the policy shalli include the City of Cumby, its' officers, agents, employees, A Certificate of Insurance for the required coverage must be submitted to our office three (3) days prior to the event. This insurance should be available from the company from which you are contracting the service. A copy of thei insurance may be faxed to  Gathering. goods and services. Amplification.  Amusement Ride, aka, Bounce House INSURANCE REQUIREMENTS:  and representative as additional insured parties.  our office at (903) 994-  Authorized Signature City of Cumby  Date    CITY OF CUMBY PARKI RESERVATION  DATE(S) OF RESERVATION: TIME REQUESTED:  APPLICANT NAME: ADDRESS:  CONTACTI NUMBER: CONTACT NUMBER:  Please circle one: eoenyporrescempsetion 8r resident  RESPONSIBLE PARTY:  BRIEF DESCRIPTION OF THE PURPOSE INCLUDING ANY SPECIAL EFFECTS OR FEATURES:  Estimate of attendees: Type of sound system, ifa any: Will Goods be sold ori fees charged: Ist there any requested sites support needed: Any additional information:  Ist this for yes  Profit or Non-Profit Any type of Class B/ Amusement Ride:  no  Applicant Signature  Date  Responsible Party Signature  Date  Office Signature Date Office Use Only  Deposit: $25 (Section 8 resident) $50 (Cumby Resident) $75 (non-resident)  User Fee: $25  Special Permit: (if applicable): $25  TOTAL: DATE PAID:  ()CASH  ()CHECK#_  *** THE CITY OF CUMBY WILL RETURN APPLIÇANT'S DEPOSIT WITHIN! 31 WEEKS AFTER INSPECTION OF THE PARK BYACITY REPRESENTATIVE. FAILURE' TO COMPLY WITH PARKI RULES OR FAILURE TO RESTORE PARK'S CLEANLINESS WILLI RESULTIN/ AI NON-REFUND OF DEPOSIT ANDI POSSIBLEI LOSING PRIVILEDGE OF THE USEC OF  THE PARK INT THE FUTURE. Park Inspection After Event: Responsible Party Signature Deposit  City Representative  Returned  Not Returned Reason:    DISCLAIMERS  Reservation fees are non-refundable unless due toi inclement weather. Areservation may be rescheduled by calling our business office, which can be reached Monday- Friday 8 a.m. until 5 p.m., and requested atl least7 business days prior tot the date oft the reservation. Youv will be assessed a $25r rescheduling fee. Bounce houses and other amusements require a Park Special Use Permit, additional insurance, al Texas Department ofl Insurance Amusement Ride Safety Inspection and an additional $25 special use permit. YOU MUST HAVE THIS PERMIT IN YOUR POSSESSION DURING YOURI RESERVATION. User shall comply with all rules and regulations of the Park Ordinance, City Ordinances as well as all Federal, State and Local laws. Violation of parkr rules, permit rules or the breaking of this contract may resulti ins suspension of recreation privileges or ai fine. Ifnor rule violations occur, deposits will be refunded within: 14-21 business days. A. The pavilion reservedi is accepteda asi is. No special services willl be performed. The reserving partyis is B. Thes size oft the group: shall not exceed the expected attendance as printed on this permit without written  Deposits paid by credit card are refunded tot the same credit card. encouraged" toi inspect thef facility prior toi its use. approval from a City Representative. D. Motorized vehicles are restricted.  C.A Alcoholic beverages in any form are prohibited by City Ordinance. individual, organization or business reserving thef facility.  E. Allt trash must be placed int trash cans. Clean up oft the pavilion and park areas used is the responsibility of the F. Allr reservations must comply with all other applicable City of Cumby park use rules andi regulations as specified G. Responsibility for damage to, or additional maintenance of, facilities resulting from usage beyond normal wear H. The individual, organization or business reserving the pavilioni is responsible for the actions of the participants I.T The use of loudspeakers, amplifiers, or microphones, isp prohibited by City Ordinance, except with the written J. Anyi individual, organization, or business reserving facilities may not use theset facilities for profit-making ***Thisi is not a comprehensive listing of all prohibited activities enumerated by city ordinances, and the language should not be strictly interpreted. Questions or concerns about actual ordinance provision should be  by City Ordinance.  will be assumed byt thei individual, organization or business reserving thef facility.  attending the ctiwIy/eveny/function. approval of the City Representative.  endeavors except with written approval oft the City Representative.  directed to the City Representative.  For morei information callt the City of Cumby at 903-994-2272.    RG3 Meter Company Longview, TX 75602  FS 2912 S Access Road  Date 10/23/2019 Quote # 13587 Project  Quote  Customer City of Cumby P.O. Box 349 Cumby, TX 75433  Rep DJH  Qty 3  Item PDO7GBT  Description  Cost 179.4792  Total 538.44  5/8"x3/4" PD, Gallons, Brass Bottom, Tesla  Quote good for 60 days  903-753-3456  orders@rg3meter.com  Total  $538.44    Ahuja & Clark, PLLC Certified Public Accountants Tax & Accounting . Business Valuation . Business Interruption  October 15, 2019 Ms. Codi Reynolds City Secretary City of Cumby, Texas 100 E. Main Street Cumby, Texas 75433  Via email: cltyorcumby@cumbyte.com  Cityof Cumby, Texas Proposal for Forensic Services  Dear Ms. Reynolds;  The City of Cumby, Texas (the "City") has requested a proposal from Ahuja & Clark (A&C) for conducting a forensic examination of the City's financial affairs for the last ten years. During our conversation, we discussed the nature of forensic services and the difficulties in estimating fees without a detailed understanding of the volume and accessibility of the City's records and the number of potential witnesses to be interviewed. Any time there are potential allegations of intentional misconduct, witness testimony is critical. A further consideration impacting the scope of work is the nature of allegations or concerns which tends to increase or decrease the scope and amount of forensic work. Our experience has shown that examining ten years' worth of financial records will be very expensive and possibly not necessary. A more measured approach would be to start with the last 2-3 years to determine if there are any issues. After the completion of that work, the City Council can then make an informed decision regarding Considering the above variables andlor uncertainties, we propose a two-phase approach. During Phase 1 we will evaluate the volume and accessibility of the City's records and the number of potential witness interviews. We anticipate this scope to take no more than one day with the cost not to exceed $2,500. At the conclusion of Phase 1, we will provide the City with a detailed work plan and estimated fee budget for your approval. Phase 2 will entail our analysis  expanding the scope to include additional years.  and investigation.  Ahuja & Clark, PLLCI |2901 N. Dallas Parkwayl Suite 3201 Plano, TX 75093] (469) commanyecrt.on    City of Cumby, Texas October 15, 2019 21 Page  At the conclusion of Phase 2, a comprehensive report will be provided, suitable for a referral to the appropriate law enforcement agency(s) if deemed necessary. Included will be recommendations for appropriate remedial actions regarding policies and procedures. Sworn testimony will be provided as necessary by team members and subject to a separate All information obtained or prepared by A&C in relation to this engagement will be considered confidential. A&C will not disclose to anyone, without your permission, except as may be required by law, regulation, or judicial or administrative process, the content of any oral or written communications received during the course of this engagement, nor any information gained from the inspection of any documents or records related to this engagement. A&C will immediately notify you upon the occurrence of either of the following events: (a) a request by anyone to examine, inspect or copy any documents or records in our possession which relate to this engagement; or (b) a service or attempted service upon Brown ofa court order, subpoena, summons or formal or informal request which calls for testimony or production of any The work papers and other materials created by A&C during this engagement are the property ofA&C. All of your documents in our possession will be returned to you upon your request. Fees for services will be based upon the hours worked by those professionals assigned. The hourly rates, which are discounted as an accommodation to the City, are as follows.  engagement.  documents or records related to this engagement.  Senior Professional Sr. Forensic Accountant Forensic Accountant Staff  $300.00 $250.00 $150.00  Attached for your information are the resumes for our forensic team. Please contact us with any  questions. Sincerely, Madhn Madhu Ahuja Ahuja & Clark, PLLC  Aay.  Ahuja & Clark, PLLCI 2901 N. Dallas Parkwayl Suite 3201 Plano, TX7 75093/(469) 646olmmanypairk.com    William D. Brown, CPA  William Brown has over 40 years off forensic acpountinginvesigatve experience which includes the FBI, a national law firm, al Big 4 accounting firm and a state agency. Mr. Brown's Forensic and Litigation practice specializes in forensic accounting, investigations, litigation support, and compliance and ethics program Mr. Brown provides forensic accounting, litigation and investigative services to attorneys and their clients. Forensic accounting services include analysis of complex financial transactions or relationships and developing and providing  design and implementation.  evidentiary support for conclusions. Often times fraud is alleged which complicates the analysis with possible intentional concealment. In-depth witness interviews are required to develop evidence of intentional conduct. Litigation related services include acting as both consulting and testifying expert in matters involving financial controversies, breaches of contract and fiduciary duties and allegations of fraud. Assistance to counsel includes developing effective discovery requests, analysis of complex financial information, providing findings to be used in deposing opponent's principals or experts and providing expert testimony. Mr. Brown also assists corporate clients in developing and monitoring their corporate compliance programs by evaluating internal controls, crafting effective procedures and evaluating compliance. Clients include oil and gas industry, healthcare providers, the insurance industry, corporate security and governmental entities. His investigative reports are routinely provided to law As ai former Special Agent for the Federal Bureau of Investigation, he has extensive experience investigating complex white-collar crime matters, including healthcare fraud, and providing expert testimony. He has lectured for FBI Agents and at various State Insurance Departments on the subjects of forensic accounting and white-collar crime investigations and has also lectured nationally on the subject of healthcare fraud and abuse. Over the course of his 40 year career, he has investigated allegations of fraud or misconduct in a number of governmental and private entities within the financial services, Mr. Brown was the court appointed receiver in SEC V. Amerifirst Funding. As receiver, Mr. Brown identified and seized over $49 million in assets diverted from investor funds by detendants. These assets included real estate in Texas and Honduras, bank and brokerage accounts, auto sales andi finance operations, aircraft and exotic cars. Mr. Brown provided expert forensic accounting testimony in the successful criminal prosecution of the two main subjects. Over 60% of the invested funds were returned to the 545 elderly investors. He also provided forensic accounting services in support of the court appointed receiver in SEC V. Gemstar which involved a group of 23 investors with over $23 million invested. Mr. Brown oversaw the investor claims process and the plan of distribution. Mr. Brown previously oversaw Medicaid reimbursement and fraud investigations for a state Medicaid Agency, as al licensed attorney in a national law firm, he lead the Investigations Practice Group, working on cases involving insurance company insolvency for state regulators. He also practiced ini the Healthcare Regulatory Group with a Big 4 Accounting firm overseeing a number of regulatory and enforcement investigations on behalf oft the firm's clients. As at forensic accounting expert, he was engaged by one of the world's largest retailers as the testifying expert in litigation where the client was accused of committing widespread fraud and violations of the civil RICO statute. The client received a  enforcement and prosecutors in support of law enforcement actions.  healthcare, energy, public education and construction industries.  directed verdict in its favor on all fraud related claims.  W.D. Brown & Associates 1 1601 Elm Street! Floor 331 Dallas, Texas 75201/214)70.8167    EDUCATION  Bachelor Degree in Accounting, 1976 Arizona State University Juris Doctor Degree (with Distinction), 1990 University of Oklahoma PROFESSIONAL MEMBERSHIPS Texas City Attorneys Association Certified Public Accountant- - Texas Licensed Attorney, State of Texas American Institute of Certified Public Accountants Texas Society of CPAS Texas Bar Association Dallas Bar Association  National Association of Federal Equity Receivers (Full Member) Society of Former Special Agents oft the FBI PROFESSIONAL EXPERIENCE W. D. Brown & Associates, Dallas, Texas  July 2017- Present  Provides forensic accounting/ltigation support services regarding a variety of matters, including healthcare providers, false claims act, bankruptcy related Ponzi scheme, residential contractors and food wholesalers. Provide expert testimony regarding orensic/nvestigative matters.  Managing Director, FTI Consulting, Inc., Dallas, Texas  December 2015. - June 2017  Provided forensic accounting"nvesigative services to a variety of clients, including public university, healthcare provider and a wholesale grocery company. Provided expert sworn testimony regarding  damages and causation. Partner-Weaver LLP, Dallas, Texas  September 2005-December 2015  Partner-in-Charge of the Forensic/ltigation practice for the largest regional CPA firm in the southwest. Was appointed receiver by United States District Court for the Northern District of Texas in SEC V. Amerifirst Funding, Inc., et al, July 2, 2007. The receivership involved over 540 investors primarily from Florida and Texas who had invested in excess of $60 million. As Receiver was involved in the identification and marshalling of over $58 million in assets, including used car dealerships, sub-prime auto finance operations and real estate. Managed four major investigations involving public school districts in Texas resulting in referrals to law enforcement. Investigated the embezzlement of over $6 million in repatriated funds, tracing the funds through a maze of 16 bank accounts. Over $770,000 was  traced to would be hit men hired to murder culprit's wife.  W.D. Brown & Associates 1 1601 Elm Street] Floor 331 Dallas, Texas 7520110214,770.8167    Shareholder-Brown & Nelson, P.C., Dallas Texas  November 1996-August 2005  Provided forensic accounting services including litigation related services and internal investigations. Testifying expert on behalf of major retailer which was sued by a supplier for breach of contract, fraud, conversion, and usury. Adirected verdict was granted by the U.S. District Court on the fraud, conversion and usury claims while the contract claim was settled prior to jury deliberation. Testified on behalf of plaintiff against the third-party administrator ofi it health and benefit plan. Claims included ERISA, breach of contract and fiduciary duty. The case settled during trial. Testifying expert on behalf of County Government in breach of contract action against regional healthcare system in regard to providing indigent health care to county residents. On behalf of corporate clients, conducted internal investigations regarding alleged fraud, malfeasance and non-compliance. Clients include healthcare  providers.  Director, Fraud Investigations Practice, Coopers & Lybrand, Dallas, Texas  February 1994-October 1996  Concentrated in fraud and financial related investigations for a variety of clients. Investigations included allegations of vendor fraud, land procurement irregularities and embezzlements. Also worked with the Healthcare Regulatory Group in the area of healthcare fraud and abuse and compliance programs. Engagements included the defense of allegations involving the False Claims Act, Stark Act (Anti-kickback Act) and compliance reviews stemming from national audit initiatives by the DHHS Office of Inspector General. Provided training to other professionals in the area off fraud investigations.  Principal, Hankin & Co., Dallas, Texas  February 1993-January 1994  Provided forensic accounting and litigation support services to attorneys and their clients. Worked on behalf of the Receiver for Blue Cross & Blue Shield of West Virginia in pursuit of a professional  malpractice claim against its independent auditors. Associate-Arter & Hadden, Dallas, Texas  September 1990-January 1993  Headed the Investigations Practice Group of this nationally based law firm, Engagements dealt with allegations of fraud and misconduct, and corporate compliance, and included several on behalf of the California Department of Insurance. Other cases involved healthcare fraud and abuse and compliance. Due to work in the area of insurance insolvency fraud, was asked to provide related investigation training  to the FBI and various State Insurance Departments.  Law Student and Medicaid Reimbursement Consultant, Oklahoma City  August 1987-May 1990 Home Association. January 1986-July 1987  While attending law school at the University of Oklahoma provided consulting services regarding Medicaid reimbursement to the Oklahoma Department of Human Services and the Oklahoma Nursing Senior Manager, Audit and Review Division, Oklahoma Department of Human Services Managed the auditors and investigators assigned to monitor all programs administered by a state agency with a billion-dollar budget. Responsible for Medicaid fraud investigations and provider audits used to  establish negotiated Medicaid reimbursement rates. Partner, Fine & Brown, CPAS, Edmond, Oklahoma  May 1984-December 1985  Conducted Medicaid Provider cost reimbursement audits and consulted with the Oklahoma Department of Human Services on Medicaid reimbursement rates for hospitals and nursing homes. Provided consulting services to the U.S. Department of Justice on a major Medicaid fraud investigation involving a  skilled nursing home in Oklahoma.  W.D. Brown & Associates I 1601 Elm Street] Floor 331 Dallas, Texas 75201/214,770.8167    Special Projects, Finance Office for the Oklahoma Teaching Hospitals, Oklahoma City Medicare Cost Report preparation, billing and collection, and conversion to case mix for reimbursement rates. Reviewed the reasonableness of expenses for the named plaintiffs in their suit to overturn  December 1981- April 1984  Oklahoma's prospective Medicaid reimbursement rates in 1983.  Federal Bureau of Investigation various white-collar crime cases. RECENT SIGNIFICANT CASES  May 1972- December 1981  Starting in 1974 provided forensic accounting support on major land fraud investigations in the Phoenix Division. Promoted to Special Agent in November 1977 and assigned to the Oklahoma City Division and focused on Medicaid fraud cases. Transferred to the Detroit Division December 1980 and worked on  United States V. Michael Herman, etal  Performed forensic examination of schedules prepared by Internal Revenue Service and supporting bank and other financial records. Testified regarding amourtts improperly included in Total gross Receipts by the IRS and Defendant's CPA/Tax Preparer. Conducted a comprehensive examination of major accounting functions and systems in order to identify weaknesses or problems. Reported on issues identified and  City of Fairfield, Texas  recommended appropriate corrective actions.  State Bar of Texas  Performed at forensic examination of previously reported theft of over $500,000 by former employee. The examination involved identifying how the theft occurred and was successfully concealed for several years. Ifurther analyzed the effectiveness of procedural changes taken by the Bari in the aftermath of the theft. Ireported my findings Securities and Exchange Commission V.4D Circle LLC.etal. Provided forensic accounting services to Court appointed receiver. Analyzed financial information relating tot the business and prepared quarterly status reports for the Court, including profit and loss, balance sheet and equity. Services are ongoing. Acted as Court appointed receiver in a state court action. Took control of an online retail business during the pendency of al lawsuit. Managed the daily operations, including online sales, receiving product and shipping purchases. During the 6 months acting as Hired by the executor oft the estate toi identify over $15 million in assets diverted by family members and employees. Analyzed computerized financial records covering a 5-year period, many of the files were corrupted and had to be reconstructed. Assisted the  to the Bar's Board of Directors.  Siragusa V. Rajpal, etal  receiver, turned monthly net losses into net profits.  Estate of Brian Loncar  executor in recovering estate assets. Beaumont Independent School District  Investigated allegations of fraud involving the proceeds ofa a $388 million bond program by an independent school district in southeast Texas. The investigation involved the detailed analysis of over 40 construction projects, focusing on procurement practices and W.D. Brown &/ Associates 1601 Elm Street) Floor 331 Dallas, Texas 75201/0214,770.8167    performance of the contractors and subcontractors. As ar result oft the investigation, referrals were made to the joint local and federal task force investigating the school  district.  Plano Independent School District prosecuted thei individuals involved. EIPaso Independent School District  Investigated a scheme between an outside vendor and District personnel to defraud the District by submitting over $2.7 million in bogus invoices for repairs and maintenance of the District's fire safety system. Ouri investigative results were provided the FBI which Investigated allegations of a widespread scheme by top administrators to avoid federal and state accountability standards. The investigation involved the interview of over 150 administrators and teachers and the analysis of over 30,000 District records. As a result, the Texas Education Agency instituted procedures to revoke the teaching certifications of 551 teachers. Our investigation provided the basis for the criminal prosecution of at least 7former District Administrators and employees. provided expert testimony for the U.S.  Department of Justice in its trial of 5 defendants. Securities and Exchange Commission V. Gemstar, etal.  Provided forensic accounting services to Court appointed receiver regarding a $23 million estate. dentified assets belonging to the estate and traced investor funds througha series of bank accounts. Analyzed investor claims which included a number of investor groups each with its own set of investors. Assisted receiver with the Plan of Distribution Identified a $6 million theft from an international import company byi its former CFO. Traced the stolen funds through a maze of 16 bank accounts and identified real estate, charitable contributions, payments to related parties and the payment of over $775,000 the former CFO paid to individuals to have his wife murdered. Provided testimony att the trial of former CFO for the criminal solicitation of capital murder for which he was Securities and Exchange Commission V. AmeriFirst Funding, Inc. et al. Appointed Receiver by the U.S. District Court for the Northern District of Texas. Managed a$ $40,000,000 estate which included four car dealerships, a portfolio of sub-prime auto loans and real estate in Texas and Honduras. The case involves over 540 investors who purchased over $60,000,000 worth ofi investments from the defendants.  and determined the amount owed each investor. State of Texas V. John Franklin Howard  convicted and sentenced to life in prison.  Range Resources  Led a team of 10 investigating allegations of bribery and kickbacks paid to drilling supervisors working on $1B drilling program in the Marsalis Shale in Pennsylvania, New York, West Virginia and Ohio. Investigation lasted 10 weeks. Confirmed allegations and Berkley Risk Administrators of Texas V. Texas Political Subdivisions This was a breach of contract case involving a third-party administrator. In support of the defendant's counter- claim, we analyzed the financial reporting requirements under the administrative services agreements and the plaintiff's performance. We opined regarding the malfeasance in the performance of plaintiff. The case resulted in a  reported to Company.  multi-million dollar settlement for the defendant.  W.D. Brown & Associates]1 1601 Elm Street! I Floor 33] Dallas, Texas 75201 I(214)770-8167    Guild Manufacturing. Inc.v.J.C.P Penney Co  This case was a breach of contract case involving the Electronic Trading Partner agreement between the plaintiff supplier and J. C. Penney. The plaintiff also alleged fraud, conversion, usury and included a RICO claim. We testified regarding the contract damages and the other claims. At trial, the Judge directed a verdict int favor of J. C. Penney on the RICO, fraud, conversion and usury claims. Guardsmark, Inc. V. Blue Cross & Blue Shield of Tennessee This was a breach of contract case involving a third-p -party administrator fora a self-funded health and benefit plan. On behalf oft the plaintiff, we analyzed the performance oft the defendant under the administrative services agreement and the Johnson County V. Harris Methodist Affiliated Hospitals, etal This case involved the contract between Johnson County and Walls Regional Hospital for the provision ofi indigent healthcare to county residents. On behalf of the. Johnson County we analyzed defendant's performance under the contract, including the eligibility determinations for over 9,000 patients. We testified as to  The contract claim was settled.  fees charged. The case was settled.  damages and the case was settled. United States V. Loes Highport. Inc. etal  Ona a consulting basis, we provided an analysis the lease agreement between the United States Army Corps of Engineers and defendant. Our damage model incorporated the lease requirements with the operating information from the defendant.  LECTURES - FRAUD AND FORENSIC ACCOUNTING  FBI Academy (Five lectures on Insurance Insolvency Fraud, 250+ FBI agents)- September 1992 to December 1994 Florida Insurance Department - 1994 National Association of Insurance Commissioners- - August 1993 Oklahoma Insurance Department- 1992 Pennsylvania Insurance Department - May 1995 Tennessee Insurance Department-1 1993, 1994 Texas Insurance Department April 1995  Numerous lectures at state universities ont forensic accounting and fraud detection. Numerous lectures to independent school districts on forensic accounting andi fraud  detection. ARTICLES  "Fraud VS. The Auditor: No Contest", Spring 2006 (Weaver Insights) o "War on Health Care Fraud Spreads to North Texas," Dallas Business Journal, o "Healthcare Fraud: The Saga Continues," Interlocutor- A Publication of the Dallas-Fort Insurance Fraud Surge Challenges the Justice System," Business Insurance, "Investigation and Prosecution of Insurance Fraud," Insurance Fraud Manual. 1992. W.D. Brown & Associates 1 1601 Elm Street] Floor 331 Dallas, Texas 75201/214,770.8167  May 12, 1995.  Worth Hospital Council, May/June, 1995.  February 21, 1994.    -  Madhu Ahuja, CPA, CVA, CFE Ms. Madhu Ahuja is the President and Owner of Ahuja & Clark, PLLC.  Madhu is a Certified Public Accountant, Certified Valuation Analyst and a Certified Fraud Examiner with more than 22 years of experience. She provides guidance on financial investigations, litigation services, business valuations, economic damages, and forensic Madhu assists with analysis of complex financial transactions, tracing assets, reviewing financial statements, developing and supporting financial models for damages claimslvaluations, and analyzing damages reports for rebutting valuation models/damages  accounting.  claims from opposing parties. She regularly assists clients with business disputes and litigation matters and has been engaged by counsel to provide investigations, analysis, and expert opinions regarding these matters. Madhu is ar member of The American Institute of Certified Public Accountants, The Texas Society of Certified Public Accountants, National Association of Certified Valuators and Analysts, Association of Certified Fraud Examiners.  EDUCATION  Master of Science Management & Administrative Sciences The University of Texas at Dallas, Richardson, TX Post Graduate Diploma in Business Administration, Finance Institute of Productivity Management, Kanpur, India  CERTIFICATIONS Certified Public Accountant, Texas Certified Valuation Analyst Certified Fraud Examiner  PROFESSIONAL EXPERIENCE Ahuja & Clark, PLLC Pricewaterhouse Coopers, LLP SERVICE EXPERTISE  2003-Present 1996-2002  Forensic Accounting Services  Investigation of fraud allegation Monetary loss fraud investigations Discover and reporting of misappropriation of funds  Business' Valuations Partner buy-outs Medical practices Franchises Minority discount calculation Marital dissolution  Ahuja & Clark, PLLCI 2901 N. Dallas Parkwayl Suite 320] Plano, TX 750931(469)4 467-46601 www.anuaclark.com    Giftt tax returns & estate taxes Economic Loss Assessment International Tax Compliance Audit of Financial Statements ) Audits of nonpublic companies Review and Compilation of Financial Statements  Economic damage quantification in breach of contract o Economic damage of business interruption  Audits of title company for Texas Department of Insurance  Preparation of detailed reports, professional presentations, and training Detailed analysis of cash balances and other assets to discover irregularities Understanding of complex financial transactions Federal compliance, including corporations and foreign entities  Tax Compliance & Special Reporting Multi-state tax  State tax apportionment calculations Corporate reorganizations Multi-state sales & use tax State nexus rules Taxation of shareholders Joint ventures State Income Tax Audit Management & Support Information document requests Drafting of responses to states Research oft taxi issues Advanced Financial Analysis Net present value Internal rate of return Financial ratios Cost of capital Accounting for Income Taxes Industry Analysis  International compliance, including Forms 5471 and IRS amnesty programs  Tax Research  Discounted cash flow applications  PROFESSIONAL MEMBERSHIPS/POSITIONS National Association of Women Business Owners, Dallas Chapter  (Treasurer & Board Member, 2013-2014) The Indus Entrepreneurs, Dallas Chapter (Treasurer & Board Member, 2012-2014) (Treasurer & Board Member, 2007-2010) Montessori New Beginnings Academy (Board Member, 2006-2013)  3060 Communications Parkway Medical Plaza Owners Association  Member of American Institute of Certified Public Accountants (AICPA) Member of National Association of Certified Valuators and Analysts (NACVA) Member of Association of Certified Fraud Examiners (ACFE)  Ahuja & Clark, PLLCI2901 N. Dalles Parkwayl Suite 3201 Plano, TX750931(469)- /40ommanys.aA.con    Stacey Huser Accounting Manager huser@anyadark.com (469)467-4660  Stacey Huser is the Manager oft the Accounting department for Ahuja & Clark, PLLC, overseeing thet forensic, audit, and general accounting areas of the practice. Stacey's background includes over 20 years of accounting experience in both public & private accounting. She assists with reviewing financial statements, asset tracing, and  analysis of complex financial transactions.  EDUCATION  Bachelor of Science Accounting Oklahoma State University, Stillwater, OK PROFESSIONAL EXPERIENCE  Ahuja & Clark, PLLC Aly Centrifuge, Inc. Quest Events, LLC Ahuja & Clark, PLLC MCS  2016-Present 2014-2016 2012-2014 2007-2012 2002-2005 1998-2001  Ritchie Bros. Auctioneers (America) Inc. SERVICE EXPERTISE  Forensic Accounting Services  o Tracing and characterization of assets Investigation ofi fraud allegation Monetary loss fraud investigations Discover and reporting ofr misappropriation of funds Economic damage of business interruption  Economic Loss Assessment Audit of Financial Statements  Business Interruption Calculation Covered by Insurance Policy Audits of title company for Texas Department of Insurance  Audits of nonpublic companies Review and Compilation of Financial Statements  Preparation of detailed reports, professional presentations, and training Detailed analysis of cash balances and other assets to discover irregularities  Understanding of complex financial transactions State tax apportionment calculations Multi-state sales & use tax State nexus rules  Tax Compliance & Special Reporting Multi-state tax  Tax Research  Ahuja & Clark, PLLCI2901 N. Dallas Parkwayl Suite 3201 Plano, TX 750931 (469) 467-46601 www.ahuaclark.com    Audit Management &  A  Support  Information document requests Drafting of responses to states Research of taxi issues Advanced Financial Analysis Net present value Internal rate of return Financial ratios Cost of capital  Discounted cash flow applications Intercompany consolidations Payroll processing and reconciliations Budgeting and variance analysis Software implementation Acquisition integrations  Accounting  PROFESSIONAL MEMBERSHIPSIPOSITIONS Member of Association of Certified Fraud Examiners (ACFE)  Ahuja & Clark, PLLCI 2901 N. Dallas Parkwayl Suite 320] Plano, TX750931(469). 467-4660 www.ahyeclark.com    ORDINANCEI NO. 2019-11-01  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUMBY TEXAS TO ADOPT THE SULPHUR SPRINGS NEWS TELEGRAM AS THE OFFICIAL CITY WHEREAS, the City Council of the City of Cumby, Texas has determined the need to adopt an WHEREAS, the City Council of the City of Cumby, Texas has determined that the designation NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION1. That the Sulphur Springs News Telegram be adopted as the official newspaper for SECTION 2. All Ordinances or parts of Ordinances in conflict herewith are repealed to the SECTIONS. 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 ofthis Ordinance, and the City Council oft the City of Cumby, Texas hereby declares it would have SECTION4 4. This Ordinance shall be in full force and effect immediately upon its passage and  NEWSPAPER.  oflicial city newspaper for the year 2019; and  oft the official newspaper for the City of Cumby is in the best interest of the City.  CUMBY,TEXAS: thc City.  extent of conflict only.  cnacted such remaining portions, despite such invalidity.  approval.  PASSED AND APPROVED, this the 12" day ofl November, 2019.  ATTEST:  Mayor  City Secretary    Page 1 of1  yerumbyaumbyelcon  From: News-Telegram Classifieds": <classtieds@ssnewstelegram.com,>  Date: To:  Wednesday, October 16,20193:24PM syofumiy@pmiyelom  Subject: Legal Prices  As we discussed over the phone, one run (Saturday),  1x4=56.00 2x4=1 112.00 3x4 = 168.00  And then anything larger I can build the legal for you and give you the exact pricing for it. Ify you send  the information over. Hope this helps.  Thank You, Sarah Scott  Classified's Ad Consultant (903)885-8663P (903)885-8768F ad***  ***Please send all public/legal notices in a word document SO it can be edited into an  AFFIDAVITS ARE DISTRIBUTED AT THE END OF THE MONTH  10/16/2019    THE CITY OF CUMBY, TEXAS  VS.  THE REAL PROPERTY KNOWN AS 216 TARRANT STREET, CUMBY, TEXAS  DEMOLITION ORDER  Onthe 12th day of November, 2019, a hearing was held in the Council Chamber ofCity Hall of the City of Cumby, Texas, by the City Council, sitting as the Housing Board, to determine whether the property located at: 216 Tarrant Street int the City of Cumby, Texas, should be declared  adilapidated and dangerous structure.  The parties appearing were: Edgar J. Garrett, Jr., City Attorney; Douglas Simmerman, The Tribunal having called fori interested parties finds that no one announced present. The Tribunal finds that notice was posted giving notice oft the violation oft the Dilapidated and Dangerous Building Ordinance of the City of Cumby, Texas, and no improvement was made on the  Mayor/Housing Inspector; and Councilmembers acting as Tribunal.  property.  The Tribunal further finds that thet taxing authorities holding title have no objection and arei in The Tribunal finds that voluntary repair oft the structure at thel location stated above in order to bring it into compliance with the Dilapidated and Dangerous Building Ordinance has not been  agreement to the demolition.  made.  ITIS THEREFORE ORDERED by this Tribunal that the property located at 216 Tarrant Street in the City of Cumby, Texas, is hereby declared to be in violation of the Dilapidated and  Dangerous Building Ordinance and is a danger to the public.  ITIS FURTHER ORDERED that the Mayor of the City of Cumby, Texas, is hereby authorized to order the property cleared and the dangerous condition corrected. The Mayor is further authorized to execute the necessary instruments to place al lien against the said property in  an amount equal to the cost of clearing or correcting the dangerous condition.  Entered this the  day of  DOUGLAS SIMMERMAN, MAYOR  ATTEST:  City Secretary (seal)    House Bill 2840; Public Comment on Agenda Items Zindia Thomas, TML. Assistant General Counsel  July 2019  What is H.B. 2840?  House Bill 2840 by Representative Terry Canales (D - Edinburg) is effective date of September 1, 2019. The bill amends the Texas Open Meetings Act to provide that "a governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item." Before the passage of the bill, the public had only the right to observe, rather  than speak at, an open meeting ofag governmental body.  What right does the public have to speak on a particular agenda item?  The public has the right to speak on each item on the agenda at an open meeting of all governmental bodies as defined by the Open] Meetings Act, except for state agencies. Tex. Gov'tCode $ 551.007(a). When does thej public have the right to speak on items on the agenda of an open meeting? The governmental body must allow the public the right to speak on items on the agenda either at the beginning of the meeting or during the mecting when the agenda item is being considered by the Isag governmental body allowed to adopt reasonable rules on the public's right to speak? Yes. A governmental body may adopt reasonable rules concerning the public's right to speak at an open meeting. Id. $551.007(c). The rules may include how long the person can address the governmental body on a given item. If the person addressing the governmental body needs a translator, the governmental body is required to allow at least twice the normal amount of time for the non-English speaker to address May the governmental body still allow the public to ask questions about items not on the agenda? The governmental body may decide to allow the public to ask questions about items not on the agenda. If the governmental body allows the public to ask questions about items not on the agenda, the governmental body can still apply reasonable rules regarding the number, frequency, and length of presentation, but it cannot discriminate against speakers. The governmental body will not be able to deliberate on any item that is not on the agenda. For such an item, the governmental body may either: (1) make a statement of fact regarding the item; (2) make a statement concerning the policy regarding the May the governmental body prevent the public from criticizing the governmental body or actions A governmental body may not prohibit public criticism ofthe governmental body, including criticism of any act, omission, policy, procedure, program, or service. However, the bill "does not apply to public criticism that is otherwise prohibited by law." Id. $551.007(e). What public criticism is prohibited by law remains tol be seen. Defamation would probably fall under that prohibition. In any case, a city should bea able to enforce a decorum policy for public speakers, so long is it doesn'tprohibit criticism.  governmental body. Id. $551.007(b).  the body. Id. $551.007(d).  item; or (3): propose that the item be placed on a future agenda. Id. $ 551.042.  oft the governmental body?    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF CUMBY, TEXAS ESTABLISHING RULES GOVERNING PUBLIC COMMENTS AT CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE, EFFECTIVE DATE, AND OPEN MEETINGS CLAUSES; AND PROVIDING FOR  RELATED MATTERS.  WHEREAS, the Texas Legislature adopted House Bill 2840 providing for the right of members of the public to address the governing body at an open meeting of the  governing body; and  WHEREAS, the City Council desires to establish rules governing public comments to implement requirements of HB 2840 and to address the timing of public  comments for certain briefing workshop sessions and workshops.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTION 1. Findings of Fact. The above and foregoing recitals are hereby  OF CUMBY, TEXAS:  found to be true and correct and are incorporated herein as findings of fact.  SECTION: 2. Public Communications.  1. Generally.  a. Members of the public appearing before the city council may make a presentation at the beginning of the meeting under the agenda item public comments." A required sign-in form will be provided for those wishing to address the council. In addition, upon being recognized by the mayor, members of the public may make comments or statements regarding specific agenda items when such items are first called by the mayor, prior to the beginning of discussion and deliberation among the b. For briefing workshop sessions or workshops that immediately precede a council meeting at which the items considered at the briefing session or workshop are posted for action at the following meeting, public comments on any items that are the subject of the briefing workshop session or workshop shall take place during the next meeting as provided in C. Members of the public wishing to read a letter from another member of the public will be allowed only three (3) minutes to read the letter and address  council members.  subsection (a) above.    their own comments. Once the period of public statements and comments on an agenda item has concluded and council discussion begins, members of the public shall not interrupt the discussion and deliberation of business by the council. The city council, by majority vote, may reopen  such agenda item for public comment and discussion.  2. Time Limits. Except as waived or otherwise authorized by a vote of the city council, the following time limitations shall apply to public communications: a. Members of the public signing up to speak at the beginning of council meetings under the item "public comments" shall, upon being recognized by the mayor, have three (3) minutes to address the city council. No member of the public shall speak more than one time per meeting under the agenda item for public communications, nor have more than three (3) minutes unless approved by majority vote of the council. Members of the public may provide any additional comments or information in writing to b. Except as provided in subsection (c) below, members of the public shall, when recognized by the mayor, have three (3) minutes to address the council regarding the subject of an agenda item then being considered by the city council; provided that a member of the public who addresses the City through a translator shall have six (6) minutes to address the council. C.A Ap person who has made an application then being considered by the council, or who is the sponsor or speaker for a group that requested the agenda item, shall, upon being recognized by the mayor, have six (6)  the council.  minutes in which to speak on the agenda item.  3. Public Hearings. In order to provide a reasonable opportunity for all interested members of the public to appear and make a comment at public hearings, members of the public will be limited to speaking one time for up to three (3) minutes at each public hearing. Such shall remain in effect and apply to public hearings that are continued and held on more than one date, due to late hours or the need to accommodate the number of members of the public desiring to address the city council at the public hearing. A member of the public may not assign his or her time to any other person. Unless waived by the city council, or unless a member of the city council requests additional information from a person who has previously addressed the council at the public hearing, a member of the public may not speak a second time during each public hearing. Members of the public may file additional comments in writing, together with such documentation as the member of the public deems appropriate, in the record for the public SECTION 3. Conflicting Ordinances. All ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted herein are  hearing.    hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, the terms and  provisions of this ordinance shall govern. SECTION 4. Severability.  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 such invalidity. SECTION 5. Effective Date.  This Ordinance shall be in full force and effect  immediately upon its passage in accordance with the provisions of the Tex. Loc. Gov't.  Code.  SECTION 6. Open Meetings. Iti 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. PASSED AND APPROVED this the  day of  2019.  Douglas Simmerman, Mayor  ATTEST:  Codi Reynolds, City Secretary APPROVED AS TO FORM:  Edgar J. Garrett, Jr., City Attorney