NOTICE OF AJ REGULAR MEETING  OF THE CITY COUNCIL OF THE CITYOF HEMPSTEAD  PLEASE NOTE:  Public comments and matters from the floor are limited to 3 minutes per person. Allotted Ifyou would like to request to speak, please do SO in advance of the meeting by filling out a  minutes cannot be transferred to other individuals. Please silence all cell phones and electronic devices. PRESENTATIONS, ARE LIMITED TO' 71 MINUTES.  Request to Address Council form available upon entrance to the meeting.  Notice is hereby given that a Regular Meeting of the City Council of the City of Hempstead will bel held on Monday, the 1st day of. July, A.D., 2024 at 6:00 P.M. at the Hempstead Recreation Center, 635 Business Hwy 290 E, Hempstead, Texas, at which time the following subjects will  be considered, to-wit:  1. Call to order and invocation. 2. Pledge of Allegiance. 3. Public Comments.  4. Administer the Oath of Office to Elected Officials.  5. Discussion and action on the City ofHempstead Reutilization Program. 6. Consideration and action on Cyber Liability and Data Breach Response Interlocal Agreement with Texas Municipal League Intergovernmental Risk Pool. 7. Consideration and action on Resolution ofthe City Council oft the City ofHempstead approving as a project oft the Hempstead Economic Development Corporation Type B, the Hempstead Flock Safety Project for the Installation ofI License Plate Readers. (LPR) 8. Consideration and action on an Ordinance oft the City Council oft the City of Hempstead pursuant to the authority of Chapter 504, Subchapter D, Section 504.171 authorizing the Hempstead Economic Development Corporation, a Type A Corporation, to undertake a Type B Project (Hempstead Flock Safety License Plate Readers) under the provisions of Chapter 505 of the Local Government Code; making certain findings and containing 9. Consideration and action on an Ordinance oft the City Council oft the City ofl Hempstead, Texas amending Chapter 12. Article 02 entitled "Rates, Charges, and Service Policies"; amending provisions related to the disconnection procedures for customers; and making other provisions related to the subject; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing for severability; and providing for notice.  (First Reading)  provisions related to the subject.  10. Consideration and action on ai final replat of Block 583, Lots 1-3.  11. Presentations.  A. Councilmembers Reports-  1.N Nora Hodges- Thel Disaster Recovery Center for Waller County constituents is located at Pine Island Baptist Church, 36573 Brumlow Rd, Hempstead, TX.The 2. Veronica Klausmeyer-a request to the citizens of Hempstead to be more  hours are 7:00. AM to 7:001 PM.    involved in the community. It will take everyone to work together as a village to  see Hempstead grow and move forward.  CLOSED SESSION  The City Council of the City ofl Hempstead reserves the right to adjourn into executive session at any time during the course ofthis meeting to discuss any oft the matters listed below authorized by Texas Government Code, Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), and 551.086 (Certain Public Power Utilities: Competitive Matters). Council may act in Open Session Specifically, Council will convene in Executive Session pursuant to Section 551.087 of the Government Code Economic Development, and Section 551.071 Consultation with Attorney.  on any item listed for Executive Session.  12. Discussion ofHempstead Economic Development Corporations.  OPEN SESSION  Council may act in Open Session on any item listed for Executive Session.  13. Adjourn City Council Meeting. Dated this the 28th day of. June, A.D., 2024. By: SHRez Sabrina Alvarez, Cily Sècretary  I,t the undersigned authority, do hereby certify that the above Notice ofa Regular Meeting of the governing body ofthe City ofHempstead is ai true and correct copy ofs said Notice, and that a true and correct copy of said Notice was posted on the City Hall bulletin board and entrances to City Hall, in the City Hall and Hempstead Recreation Center ofs said City ofHempstead, Texas, a place convenient and readily accessible to the general public at all times, and that said Notice was] posted on. June 28, 2024 at: 3:15 P.M. and remained SO posted continuously for at least 721 hours preceding  the scheduled time of said meeting. Dated this the 28th day of. June, A.D., 2024. By: RVAyc Sabrina Alvarez,City Secretary    PUBLIC PARTICIPATION BY TELEPHONE The City of] Hempstead City Council may conduct the meeting scheduled at 6:00 P.M. on Monday the 1st day of. July 2024 at Hempstead Recreation Center, 635 Business Hwy 2901 E, Hempstead, Texas. The public will be permitted to offer public comments telephonically as provided by the agenda and as permitted by the presiding officer during the meeting. A recording ofthe telephonic meeting will be made and will be available to the public upon written request.  The toll-free dial-in number to participate in the meeting telephonically is:  1-346-248-7799; Access Code 989-478-2100  IF CITY COUNCIL MEMBERS ARE GOING TO APPEAR BY VIDEOCONFERENCEA QUORUM OF COUNCIEMEMBERS MUST BE PRESENT ATTHE LOCATION. NOTICE OF MEETING BY VIDEO CONFERENCE The City of Hempstead City Council may conduct the meeting scheduled at 6:00 P.M. on Monday, the 1st day ofJuly 2024 at Hempstead Recreation Center, 635 Business Hwy 290 E, Hempstead, Texas by videoconference in addition to allowing in person attendance. A quorum of the City Council will be physically present at the Hempstead City Hall, 1125 Austin Street, Hempstead. The public may participate in the City Council Meeting by using the following  information:  1-346-248-7799; Access Code 989-478-2100    City of Hempstead Reutilization program  Subject: The City of Hempstead has several items that can be reutilized or recycled to aid in additional funding for  expendable items or however the Mayor and Council deems necessary.  Item 1: Used Utility Poles.  Most of the used poles that have been taken out of service are long enough to be cuti into twelve (12) foot sections and sold to the public at a reasonable price. These can be used as corner posts for fences or whatever the end user would like. City employees will cut and stack the newly cut poles in an areai that will be set aside with easy access  forl loading them up. Item 2: Trees and limbs.  Tree limbs that are picked up and stored at1 the dump can ber mulched and are sold toi the public at a reasonable price per truck load.7 The City employees will use equipment already purchased or hire a contractor to mulchi the  limbs and trees that arel being deposited at the dump area.  Item 3: Compost.  Old mulch that has been piled at the dump areal has nowt turned into compost material. This can be soldi to the public at areasonable price either byt thet truck load or whatever container the customer has.  Item 4: Used culverts.  We have on site used and unserviceable culverts that a customer can use int their pond to give thet fish a habitat. Many property owners that have ponds request them for al habitat for fish. These can be: sold at a reasonable price All of the fouri items are readily available and accessible for the City of Hempstead to start a program that allows the City to gain additional funding for expendable items. It would takei two employees to be ati the site to load the items. All items must be purchased at City Hall during normal business hours. The customer then brings the receipt toi the City employee who verifies the receipt and will keept the receipt for proof of pick up. This would be on thet third Saturday of each month unless it's al holiday weekend. Ifi it is al holiday weekend the date is to ber moved to  that will bel beneficial toi the City.  the second Sunday of that month. Thel hours should bei from 9:00am to 12:00pm. Pricing should be at a rate that will benefit the customer andi the City.    Texas Municipal League ntergovernmental Risk Pool 1821 Rutherford Lane, First Floor Austin, Texas 78754  CYBER LIABILITY AND DATA BREACH RESPONSE INTERLOCALAGREEMENT This Contract and Interlocal Agreement is entered into by and between political subdivisions of this state (hereinafter referred to as "Pool Members") to form a joint self-insurance pool to bei named the Texas Municipal League Joint Cyber Liability and Data Breach Response Self- Insurance Fund (hereinafter referred to as the Fund") for thej purpose of providing coverages against risks which are inherent in operating a The undersigned Pool Member, in accordance with Chapter 2259, Texas Government Code, thel Interlocal Cooperation. Act, Tex. Gov'tCode $791.001, et seq., and the interpretation thereof by the Attorney General of the State ofTexas (Opinion #MW-347, May 29, 1981), and in consideration of other political subdivisions executing like agreements, does hereby agree to become one oft the Pool Members of this self-  political subdivision.  WITNESSETH:  insured pool. The conditions of membership agreed upon by and between the parties are as follows:  1. Definitions oft terms used in this Interlocal Agreement. a. Board. Refers tot the Board ofTrustees oft the Fund.  b. Fund Year. 12:01 a.m. October 1 through 12:01 a.m. thei following October 1.  Manual Rates. Thel basic rates applicable to each cyber liability and datal breach: response classification promulgated by the Insurance d. Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan. The Cyber Liability and Data Breach Response Coverage Document that sets forthi in exact detail the coverages provided as part of the overall plan. e. Adjustments. Refers to any offsets to manual premium that may result from the Pool Member's election of deductibles, loss ex- perience, or Fund Modifier which reflects the savings to thel Pool Member by entering into this Interlocal Agreement. Premium and Contribution. Used interchangeably in some parts of this Interlocal Agreement. Any reference at any time in this Interlocal Agreement to an insurance term not ordinarily a part of self-insurance shall be deemed for convenience only and is not construed as being contrary to the self-insurance concept except where the context clearly indicates no other possible interpretation Reimbursable Deductible. The amount that was chosen by this Pool Member tol be applicable tot the first monies paid by the Fund to effect judgment or settlement ofany claim or suit." The Pooll Member, upon notification ofthe action taken, shall promptly reimburse the Fund for all or such part of the deductible amount as has been paid by the Fund. Further, however, the Fund's obligation toj pay damages shalll be subject to the limits of liability statedi ini the Declarations ofCoverage or Endorsements tot this Interlocal Agreement h. Fund Modifier. A percentage figure that is applied to the manual rates by the Fund to reflect the savings to the Pool Member by Agreement. Period. The continuous period since the Pool Member first became a member ofthis Fund excluding, however, any period Declarations of Coverage. The specific indication of the coverages, limits, deductibles, contributions, and special provisions elected  Service Office or thel Board.  such as but not limited to the reference to reinsurance."  less the stated deductible amount. entering into this Interlocal Agreement.  or periods oft time therein that the member didi not participate as a member of the Pool.  by each individual Pooll Member. Thel Declarations of Coverages may be modified by Endorsement.  2. The Board, acting through its agents and Fund staff, is responsible for the administration of all Fund business on behalf of the Pool 3. Inc consideration of the execution of this Interlocal Agreement by and between the Pool Member and the Fund and oft the contributions oft the Pooll Member, the coverage elected by thel Pool Member is afforded according to the terms oft the Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan. The affirmative declaration of contributions and limits of liability in the  Members.  Declarations of Coverage and Endorsements determine the applicability of the Self-Insurance Plan.    Each] Pooll Member agrees toa adopt anda accept thec coverages, provisions, terms, conditions, exclusions, and] limitations as further provided fori int the Texas Municipal League Cyber Liability and Datal Breach Response Self-Insurance Plan or as specifically modified! by thel Pool Member's Declarations of Coverage. This Interlocal Agreement shall be construed to incorporate the Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan, Declarations of Coverage, and Endorsements and addenda whether or not 4. Itist understood that by participating int this risk sharing mechanism to cover cyber liability and datal breach response exposures, the Pool Member does not intend to waive any oft thei immunities that its officers ori its employees now possess. The Pool: Member recognizes the Texas Tort Claims Act and its limitations to certain governmental functions as well asi its monetary limitations and that by executing this 5. Thet term oft this Interlocal Agreement and the self-insurance provided to the Pooll Member shall be continuous commencing 12:01 a.m. on the date designated in this Interlocal Agreement until terminated as provided below. Although the self-insurance provided fori in this Interlocal Agreement shall be continuous until terminated, the limit of liability oft the Fund under the coverages that the Pool Member elects shall be limited during any Fund Year to the amount statedi int the Declarations ofCoverage for that Fund Year. This Interlocal Agreement may bet terminated by either party givingt tot thec other sixty (60) days' prior written notice ofi intent tot terminate except the Pooll Member may terminate this Interlocal Agreement andi its coverages thereunder without givingt the sixty (60) days' notice ift the reason is because ofa change by the Fund in the Pool Member's contribution, coverage, or other change in the limits ofl liability, terms, conditions, exclusions, and limitations provided for in the Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Planj provided that no termination by the Member shall be effective prior to the date that written notice of termination is actually received in the offices of the Fund and provided that the Pool Member agrees to and shall pay the applicable premium and contribution for those coverages iti is terminating until the date the notice of termination is actually received by thel Fund. Thel Funds shall providet thel Pool Member wiDalmimafCaemgat any Endorsementsthat determine the applicabilityofthe7 Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan annually by December 1. Such Declarations of Coverage shall include, but not be limited to, the coverage period which shall be the applicable Fund Year, limits, deductibles, contributions, special provisions, and limitations. Changes made during the Fund Year, whether requested by the Pool Member or Itis the intention of thej parties that the Pool Member's coverages under this Interlocal Agreement shall remain in full force and effect from) Fund Year tol Fund Year, subject to the limits ofliability that thel Fund can provide each) Fund Year and the terms, conditions, and limitations that the Fund may require to protect its solvency and to comply with reinsurance requirements, until notice oft termination is given as herein provided. Realizing that thel Pooll Member needs the earliest possible information concerning the Fund coverages, limits, and exclusions, and the Pooll Member's contribution that willl be required for any new. Fund Year, the Fund will endeavor toj provide this information: ass soon: as possible before thel beginning ofeach Fund' Year. Thep parties recognize, however, that conditions ini thei reinsurance industry are such that the Fund may not be: ablet toj provide this information tot the Pool Member before the beginning ofal Fund Year for various reasons including the failure oft the Pool Member to timely submit the appropriate exposure summary or delays on the part of reinsurers in getting information to the Fund, and sO, to protect the Pool Member from gaps in its coverage and toj protect the solvency K for any reason other than the Pool Member's failure toj provide the information: requestedi in the exposure. summary, thel Fund has not been able toy provide the. Pool Member with information concerning available coverages foranew Fund Year or advise the Pooll Member oft the amount ofi its contribution, for the new Fund Year by the beginning of the Fund Year, the Fund shall nevertheless continue the Pool Member's 's coverages at the same limits of liability (fstill available and ifnot, then at the highest limit of liability available for the new Fund) Year) so that thel Pool Member shallat all times remain coveredas/ herein providedandi thel Pool Member'si initialcontributions for the new. Fund Year shall be determined by a "tentative contribution" as determined by the Board with the Pool. Member's actual annual contribution to be credited. by the amount paid in accordance with the tentative contribution. and adjusted during the Fund Year. In the event the Pool Member does not wish to have its coverages extended or renewed at thee end ofa any Fund Year, the burden shall be upon the Pool Member to give written notice to the Fund as provided hereinabove and the Pool Member agrees to) pay as hereinabove stated all contributions or pro rata contributions until the date. such written notice is received in the offices of the Fund or the date of 6. Commensurate with the execution of this] Interlocal Agreement and annually thereafter, thel Pool Member shall complete the appropriate exposure summary and deliver it or cause it to be delivered to the Fund, or, ifs so instructed, to a designated contractor, no later than September 1 of each year and new annual contributions shall be calculated using manual rates times exposure, less any adjustments. Intentional or reckless misstatements on the exposure summary shall be grounds for cancellation. In the event that the Pool Member fails orI refuses to submit the appropriate exposure summary, thel Fund reserves the right tot terminate such Pooll Member by giving thirty (30) days' written notice and to collect any and all contributions that are earned pro rata for thej period preceding contract termination.  physically attached hereto.  Interlocal Agreement does not agree to expand those limitations.  required byt the Fund, willl bel handled by Endorsement.  of the Fund, the parties agree as follows:  termination of this Interlocal. Agreement, whichever is later.  Revised 04/2024    The Pool Member agrees toj pay the annual contribution to the Fundi in four (4) equal quarterly installments, in advance, commencing at the beginning of this Interlocal Agreement with subsequent installments due the first quarter thereafter. In the event this Interlocal Agreement is terminated as herein provided, the Fund shall promptly repay tot the Pool Member any such unearned annual contribution prorated as of the date of termination and the Pool Member agrees during the term of this Interlocal Agreement to promptly pay all At the end of each and every Fund Year, the Fund may require the Pool Member to submit the actual data requested on the exposure summary asi reflected byt the books and records ofthe) Pooll Member. Thel Fund reserves the right to audit the records ofany Pooll Member Int thee event that thel Pooll Member fails or refuses to maket thep payments, including accruedi interest, as hereinj provided, the Fund reserves the right to terminate such Pool Member by giving them ten (10) days' written: notice and to collect any and all amounts that are earned pro rata for the period preceding contract termination. Ift the amounts owed, including reimbursable deductibles, must be collected by 7. Thel Fund shall maintain adequate protection from catastrophic losses toj protect its financial integrity. Aggregate protection shall also be maintained. Thel Member's contributions shall be limited to that amount as calculated under this Interlocal Agreement. Notwithstanding anything to the contrary, the total combined aggregate limit of liability oft the Fund for all Pool Members in any Fund Year, regardless ofthe number of occurrences or claims, shall be limited tot the amount of money contained in the Fund. As to the Pool annual aggregate limits or the amount ofmoneyi int the Fund, the Board ofTrustees, in its sole discretion, may determine an allocation methodology among affected Pool Members should the Pool annual aggregate limit be reached, or should the money in the Fund be exhausted. 8. Notwithstanding the provisions of the foregoing paragraph, it is agreed the Board shall have the right to adjust the financial protection outlined above and/or amend coverages as it finds available or deems necessary to maintain the fiscal soundness of the Fund at the 9. The Fund will make available loss control services tot the Pool Members to assist them in following a plan ofl loss control that may result inr reduced losses. The Pooll Member agrees that it will cooperate ini instituting any and all reasonable loss control recommendations. In the event that the recommendations submitted seem unreasonable, the Pool Member has a right to appeal to the Board. The Board shall hear the objections of the Pooll Member at its next regularly scheduled meeting and its decisions willl be final and binding on all parties. Any Pool Member who does not agree to follow the decision of the Board shall be withdrawn from the Fund immediately. 10. The Pool Member agrees that it will appoint a contact of department head rank, and the Fund shall not be required to contact any other individual except this one person. Any notice to or any agreements with the contact shall be binding upon the Pool Member. The Pool 11. The Fund agrees tol handle all cyber liability and data breach response claims, and provide a defense for any and all cyber liability and data breach response claims covered under this Interlocal Agreement after prompt notice has been given. The Pool Member hereby appoints the Fund staff and Contractors as its agents to act in all matters pertaining toj processing and handling of claims covered under this Interlocal Agreement and shall cooperate fully in supplying any information needed or helpful in settlement or defense of such claims. As respects cyber liability and data breach response claims, the Fund staff and Contractors shall carry on all negotiations with the claimant and his/her attorney, when applicable, and negotiate within authority previously granted by the Fund. Ifa personal appearance by the Pool Member or an employee is necessary, the expense of this appearance will not be the responsibility of the Fund. With the advice and consent of the Fund, the Fund staff and the Contractors will retain and supervise legal counsel for the prosecution and defense of any litigation. All decisions on individual cases shall be made by the Fund through the Fund staff and the Contractors, which include, but are not limited to, the decision to appeal or not to appeal, settlement negotiations, the decision of whether to settle, and other litigation tactics. However, any Pool Member shalll have the right in any case to consult with the Fund on any decision made by the Fund staffo or Contractors. The Board shall hear the objections oft thel Pool Member at its next regularly scheduled meeting and its decision willl be final and binding on all parties. Any suit brought or defended by the Fund shalll be brought or defended only in the name of the Pool Member and/or its officers or employees. There shall be supplied periodically to each Pool Member a computer printout involving a statement ofc claims. As respects the Texas Municipal League Cyber Liability and] Datal Breach Response Self-Insurance Plan, 12. The Pool Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any 13. Thel Fund agrees that all Fund transactions willl be annually audited by a nationally recognized certified public accounting firm. 14. Iflegally, required, the Fund shall cause to bei filed thei necessary tax forms with the Internal Revenue Service.  reimbursable deductibles upon receipt of statement.  and adjust contributions accordingly.  suit, the Pooll Member agrees toj pay attorneys' fees and costs incurred in such suit.  beginning of or during any Fund Year.  Member reserves the right to change the contact from time to time by giving written notice to the Fund.  thel Fund shall have priority in enforcing its subrogation claims against the claims of] Pooll Member.  amendments thereto.    15. As the administrators of the Fund, the Board shall primarily and consistently keep foremost in their deliberations and decisions in operating the Fund that each of the participating Pool Members is a self-insured." At least annually, the Board shall carefully review, study, and consider the actual claims or loss experience (including reserves for future claims payments) of each oft the Pool Members, the pro rata savings to the Fund resulting from overall loss experience attributed to each Pool Member, and the pro rata portion of the cost ofall catastrophic loss protection and aggregate stop loss protection allocated to each] Pool Member as well as thej pro rata allocation, as determined by the Board oft the other and necessary administrative expenses of thel Pool, in order to reasonably determine the actual pro rata cost, expense, and loss experience ofe each Pool Member in order to maintain as nearly as possible an equitable and reasonable Thel Fund shall maintain case reserves and supplemental reserves computed in accordance with standard actuarial principles, taking into account historical and other data, designed to measure claims development and claims incurred but not yet reported, sO that funds will be available to meet these claims as they become due, subject toj paragraph 7 above. Thel Board has complete authority to determine all 16. Venue ofa any suit or action arising out of or related to this Interlocal Agreement shall be exclusively in the state and federal courts of Travis County, Texas. Thej parties agree they shall assume their own expenses for attorney's fees in any suit or action arising out ofor 17. The parties agree this Interlocal Agreement may be executed by original written inks signature onj paper documents, an exchange ofcopies showing the original written ink signature on paper documents, or electronic or digital signature technology in such a manner that the signature ist unique and verifiable tot the person signing. The use ofany one or combination of these methods ofexecution shall constitute a legally binding and valid signing of this Interlocal Agreement, which may be executed in one or more counterparts, each of which,  self-insurance administration oft the Fund as applied to each Pool Member.  matters pertaining to the existence and dissolution oft the Fund.  related to this Interlocal Agreement.  when duly executed, shall be deemed an original. EMPLOYER MEMBERS' FUND CONTACT (See Section 10):  Member Name Name of Contact Mailing Address. City.  Title Email Address  Street Address (ifc different from above).  Zip.  Phone_  SIGNATURE OF AUTHORIZED MEMBER OFFICIAL  Title  Date  Member's Federal Taxl L.D. Number This Information: isl MANDATORY  TO BE COMPLETED BY FUND: (OFFICE USE ONLY)  Effective Date of This Agreement Member Name Contract Number  SIGNATURE OF AUTHORIZED FUND OFFICIAL  Title  Date    1125A Austin Street Hempstead, Texas 979-826-2486 Ext. 128 E hedc.hempteadelylgoy  HEMPSTEAD COME GROWY WITHUS!  Hempstead Economic Development Corporation  HEMPSTEAD ECONOMIC DEVELOPMENT CORPORATION A RESOLUTION OF THEI HEMPSTEAD COMMUNITY DEVELOPMENT CORPORATIONTYPE: BI BOARD OFI DIRECTORS APPROVING ASA PROJECT THEI HEMPSTEAD FLOCK SAFETY. PROJECT FOR' THE INSTALLATION OF LICENSE: PLATEI READERS (LPR).  TYPE B RESOLUTION NO.  09  BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HEMPSTEAD Section 1. The Board of Directors of the Hempstead Community Development Corporation Type B (the "Corporation")l hereby creates the "Hempstead Flock Safety Project" for  COMMUNITY DEVELOPMENT CORPORATIONTYPE: B:  the installation of License. Plate Readers (LPR).  Section 2. The Corporation does hereby approve as al Project ofthe Corporation certain expenditures that are: found by the board of directors tol be streets, roads and public safety facilities infrastructure required or suitable for the promotion, development, retention of new and expanded business enterprises  development in the community.  Section 3. The Project is designed for the installation ofLicense Plate Readers (LPR) Section 4. The estimated initial amount of expenditures for the Project is $30,000.00, and  provides an option to the City ofHempstead to renew the contract on an annual basis.  Section 5. A notice of a public hearing before the Hempstead Community Development Corporation Typel B was published of a hearing to be held regarding the proposed "Flock Safety Project" at6 6j p.m. on July 8, 2024, in the Council Chambers, Hempstead City Hall, 1125. Austin St., Hempstead,  Texas.  Come Growwith Us!    1125 Austin Street Hempstead, Texas 979-826-2486 Ext. 128 8 hedc.hempsteadeiytagov  HEMPSTEAD COME GROW WITHUSI  Hempstead Economic Development Corporation  Section 6. The actions oft the Administrative Assistant oft the Corporation is hereby authorized and ratified for causing notice of such public hearing to be published in a newspaper of general circulation  within the City of Hempstead, Texas, in the form attached hereto as Exhibit' "A."  PASSED, APPROVED, ANDI RESOLVED on this 17th day of_ June_ 2024.  CSMAR.  Brad. Austin, VP Board ofDirectors  'ATTEST:  Board ofl Directors  dA  Come Grow with Us!    City af Htempotead  1125Austin Street . Hempstead, Texas 77445-Tel: 979-826-486-Fax:979-826-6703  RESOLUTION NO.  24-_022  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD APPROVING AS A PROJECT OF THE HEMPSTEAD ECONOMIC DEVELOPMENT CORPORATION TYPE B, THE HEMPSTEAD FLOCK SAFETY PROJECT FOR THE INSTALLATION OF THE LICENSE PLATE REDERS  (LPR)  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS:  Section 1. The City Council hereby approves as a project of the Hempstead Economic Corporation Type B the Hempstead Flock Safety Project" as described in the Hempstead Economic Development Corporation resolution attached hereto as Exhibit 1  and incorporated herein for all purposes.  PASSED, and APPROVED on first reading this 1st day of July  2024.  185  PASSED, APPROVED and RESOLVED on second reading this  day of  2024.  Katherine Rgaston Ward, Mayor  ATTEST:    Sabrina Alvarez, City Secretary    City of Stempotead  1125 Austin Street . Hempstead, Texas 77445-Tel:979-826-2486-Fax:979-826-6703  Ordinance No. 24-118  AN ORDINANCE ADOPTED BY THE CITY COUNCIL PURSUANT TO THE AUTHORITY OF CHAPTER 504, SUBCHAPTER D, SECTION DEVELOPMENT CORPORATION, A TYPE A CORPORATION, TO UNDERTAKE A TYPE B PROJECT (HEMPSTEAD FLOCK SAFETY LICENSE PLATE READERS) UNDER THE PROVISIONS OF CHAPTER 505 OF THE LOCAL GOVERNMENT CODE; MAKING CERTAIN FINDINGS AND CONTAINING PROVISIONS RELATED TO THE  504.171  AUTHORIZING  THE  HEMPSTEAD  ECONOMIC  SUBJECT.  WHEREAS, the City Council by a Resolution adopted April 20,1992, authorized the creation of the Hempstead Economic Development Corporation, a Type A Corporation governed  by the provisions of Chapter 504 oft the Local Government Code; and  WHEREAS, the City Council by a Resolution adopted August 5, 2007, authorized the creation of the City of Hempstead, Texas, Community Development Corporation, a Type B Corporation governed by the provisions of Chapter 505 oft the Local Government Code; and,  WHEREAS, the City Council finds that the population ofthe Cityo ofHempstead according WHEREAS, under the provisions of Section 504.171(a) of the Local Government Code, asa a City with a population of less than 7,500, the City is authorized to grant permission to the Hempstead Economic Development Corporation, a Type A Corporation to undertake any project that the City ofHempstead, Texas, Community Development Corporation, a Type B Corporation,  to the last Federal Census was 5,430 on April1,2 2020; and,  may undertake under Chapter 505, Local Government Code; and  WHEREAS, the City Council by Resolution No. 24-022  on July 1,  2024 has approved the Hempstead Flock Safety Project for the Installation of License Plate  Readers (LPR), as a Type B project (the "Project");  NOW,THEREFORE:  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD,  TEXAS:    Section 1. The foregoing recitals arel hereby found to be true and correct and arel hereby Section 2. That under the provisions of Section 504.171(a) of the Local Government Code, the City Council hereby authorizes and grants its permission to the Hempstead Economic Development Corporation, a Type A corporation under Chapter 504 of the Local Government Code, to undertake the Project, described in Exhibit A, which project the City of Hempstead, Texas, Community Development Corporation, a Type B corporation is authorized to undertake under Chapter 505, Local Government Code. Exhibit A is hereby incorporated herein and made a  adopted by the City Council and made aj part hereof for all purposes.  part hereof for all purposes.  Section 3 Iti is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice oft the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551,  Government Code.  PASSED and APPROVED this the 1st day of July  2024.  The City of] Hempstead, Texas APPROVED:  Katherine Ragston Ward, Mayor  ATTEST:  Sabrina Alvarez, City Secretary  2    City af Sempstead  1125 Austin Street e Hempstead, Texas 77445.Tel: 979-826-2486-Fax: 979-826-6703  ORDINANCE NO. 24-119  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS AMENDING CHAPTER 12 Article 02 ENTITLED "RATES, CHARGES, AND SERVICE POLICIES"; AMENDING PROVISIONS RELATEDTOTHE DISCONNECTION PROCEDURES FOR CUSTOMERS; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENTOR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;  AND PROVIDING FOR NOTICE  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, Section 1. That Article 12, Section 12.02.006 of the Code of Ordinances, is amended to  TEXAS:  provide follows: (insertions, deletions) (a) Utility payments.  (1) Utility bills are mailed by the last working day of each month.  (2) If the customer does not receive a bill by the 3rd day of the month, it is the customer's responsibility to come by or call (979) 826-2486, and the city [will] inform the customer of the amount of the bill. The customer is responsible for (3) The customer has from the 1st through the 10th of the month to pay without a (4) The customer has from the 11th through the 20th oft the month toj pay with a 10% penalty. A residential customer that is 60 years of age or older may request, in writing via aj form created and maintained by the City, a delay in the payment date, without penalty, of a bill for providing utility service to that individual, until the fifth (5th) day the following month 25th-day after the date the bill is issued. The individual must be a residential customer and occupy the entire premises for which  notifying the city ofa correct mailing address.  penalty.  a delay is requested.    (5) Aresstemtia-eusiemeNeAaehaaseineumePietere-May-6,209 asepay-the-eenteRHP-Aanee,melsamgpenaes-y-May24,2019-Patare epey-the-eurent-mentr-balane.,imelmdimgpenaltes-by-May24,2019-wi-result (6) AFesidemtial-estemeeAMepetdNrlaseineumePae-My-6,299 ustemterimte-an-aagreemem-w##ReeNyep4y-tRelelarbalaneee-ewed,imeluding pemalies,by-Ceteber24,299-Faure--pay-te-pas-dme-balanee,melading pemaltes,by-Ceteber29,249wreses#E#ebeingdiseemmeeted: (7) AHy-BHS-are-e-bepal-#-eys.-P-I-e2WOFtefthe-menth-the (8%(5)_All utility payments are to be made in the office. Servicepersons are not allowed to (9) VHhties-wibediscennsemeedferasuNsnspudiyethe20hefthementix Omthe2lstofemchmomihwaRdwnsedfePRemPymeN: (10%(6). Ai five (5)day extension may be obtained forr residential customers, prior to the 20th ofeach month, ifthe bill is not over $350.00 (three hundred fifty dollars), by signing a written request for an extension.. Additional extensions may only be granted on a case-by-case basis by action ofthe city council or person designated by city council (11)(7) Onee te-dicnnetF-eNEeN H-ha-w--sly-olie-e-sers cemseraidinsomneseRtrmempymei-te Anaccount must be paid in full and ar reconnect fee established by city council must be paid before a reconnect can be made. No checks are accepted for payment of an account that has been turned off  mwePhangdhse.R.  2WHHSORSatardey48yaRaeRena-day-wWibegive:  accept utility payments.  byr resolution to authorize additional extensions.  for nonpayment.  (12) Fheeity-WIReHFerorgameterumlesemeeneisat-heme: (8) Customers with overdue utility accounts shall receive notice of disconnection by certified mail or personal delivery. The notice of disconnection shall name a date not less than ten (10) business days from the date of the notice that the disconnection. (Disconnection Date"). shall occur unless the account is paid in full (9) A customer who receives a disconnection notice has the right to request an  prior to the disconnection, including any penalty amounts. administrative hearing with the Utility Billing Supervisor. bills due to billing errors or meter malfunction.  (A) The Utility Billing Supervisor has the authority to correct or adjust utility (B) Termination of service is suspended by a request for an administrative hearing unless the service was terminated prior to the customer's request fora hearing. the customer closes their account or transfers the account to a newaddress,  2    the customer fails to pay charges not in dispute. or the customer has prevented the City from obtaining meter readings within the last 60 calendar days. (C) Thel Utility Billing Supervisor shall considera all credible evidence presented and shall, based on a preponderance of evidence. render a decision for one of the following actions: uphold the disconnection. reschedule the Disconnection Date by upto 10 business days. enter into payment terms with the customer, or update account information in cases where payment had been made but was not reflected (D) Hearings shall not be provided for the following: the customer's financial inability to pay for utility services: the rate schedule: the amount of deposit: the amount or application ofl late penalties: requests that are inconsistent with state law or city ordinances: or a matter where the complainant is not the customer for the (E) Acustomer may appeal the decision of the Utility Billing Supervisor to the City Council within 14 calendar days of an administrative hearing, and such appeal shall suspend a Disconnection Date until the next City Council meeting.  accurately.  account.  (b) Deposits.  (1) The residential deposit is in the amount adopted by the city council from time to (2) The commercial deposit is in the amount adopted by the city council from time to timegeash-enly. A letter of credit from a bank may be accepted in lieu of deposit when the deposit required is over $1,000.00 (one thousand dollars). (3) Ne-cheeks-are-aceepleferresidemtalorcommerialdepesisyeashenly. (49(3) No partial payment is accepted for deposit and no one can guarantee another (57(4) A deposit is issued in only one name. Application must be made inj person and the applicant must be 18 years of age or older. Identification will be required to show (6)(5) Deposits are transferable from one address to another. Name change from one person to another, both parties must be present. Duplicate receipts are not issued. Depesit-resepi-shoaklP-R#e--PeeNNesemted-atthe-tme-e  time,eashenly.  person's deposit. proof fofage.  iseenmeeterthe-ima-biferhomeewmerrefund:  (c) Checks.  (1) Two party checks are not accepted for payment of utility bills. (2) hesepeeNsePpymetyenetime (3)(2)The city does not accept checks for landfill use. SChaekseremstaceepieerthe-fimabk  (4%(3)The insufficient check fee is in the amount adopted by the city council from time to  time.  3    (d) Connects and disconnects.  (1) Connections and disconnections will normally be performed between the hours of 8:30 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m. Monday through Friday during office hours. Customers must come to city hall inj person to request connect and/or (2) Connections for water and gas on manufactured homes will only be made when the (3) Iftransferring service: from one. location to another within the city'sservice: area, any current bill may be transferred to the new account within the city's service area mustbepaidinul-beieayeewawwilbermade. (4) The city will not turn on a watereF gas meter unless someone is at home. (1) The only person who can authorize ac disconnecti isi the customer who hast the account ini their name. Iti is the responsibility of the customer to make sure the utilities have (2) For deposit refunds, refund checks are issued only in the utility customer's name. (3) Friday morning is the only day that final bills are processed. In order to receive a refund on Friday, a customer must disconnect by 4:30 p.m. Thursday. Disconnects requested after 4:30j p.m. Thursday will be processed Friday ofthe following week. (5) A current mailing address is required if the customer wants his/her refund check  disconnect.  manufactured home is tied/anchored down.  (e) Final bills.  been disconnected as requested.  (4) Refund checks may be picked up after 1:00 p.m. on Friday.  mailed.  (f) Medically vulnerable customers.  (1) Medically vulnerable customers are persons with al long-term disease, ailment or critical illness. Medically vulnerable customers may be eligible to receive more time toj pay the city for utility service. The purpose of this policy is not to exempt or waive the requirement to pay for utility services, but to provide support and assistance. Medically vulnerable customers are still expected to pay for services, and may still have their (2) Before service is disconnected, the city must provide notice of pending disconnection. The city eS-aHlw-metlewer-than2e-days. shall provide twenty (20) business days' notice before the city disconnects utility service at a residential service address where a medically vulnerable customer resides. This notice shall include a date of disconnection. During such period, the city shall make at least two attempts to notify the customer named ont the account, the medically vulnerable resident, or the medically vulnerable resident's designated contact that service may be disconnected. Notice may be delivered by certified mail,hand or personal delivery. to the customer and to the medically vulnerable resident, if those two individuals are not the same-deer-hanger; ehstemie-mmsmisien-thaerPeenndaiphome-mEsEe After notice has been provided Rey-tHi-setian and no payment for services has been forwarded, the city may disconnect utility services at thei residential service address. An administrative hearing may be requested per section (a)(8)oft this section prior to the  services disconnected for nonpayment.  4    date of disconnection listed in the notice.  (3) The city shall maintain a list of residential service addresses that have a medically vulnerable resident. A medically vulnerable resident has a documented condition as (A) Life support means the resident is sustained by a life-support system that requires uninterrupted electricity, gas or water service. The resident's need for the life- support system must be certified by a licensed physician as essential to sustain the life of the resident, to include, but is not limited to, such devices as a kidney dialysis machine, respirator, feeding pump, hospital bed or ventilator, an: iron lung, ventilator, aerosol tent, apnea monitor, blood pump, compressor/ concentrator, electric nerve stimulator, extremity pump, hemodialysis machine, oxygen (B) Critical illness means the resident is being treated by a licensed physician for paraplegia, multiple sclerosis, quadriplegia, hemiplegia, scleroderma or such (C) Serious illness means the resident is being treated by a licensed physician for a disease or ailment ofl long duration or frequent recurrence where bodily function or organs would be seriously impaired without heating or air conditioning. (4) For a service address to be listed as having a medically vulnerable resident, the medically vulnerable resident, or a duly authorized guardian or representative, must (A) Signed certification by a licensed physician ofthe qualifying I medical_condition. (B) Authorization for the city to verify the physician's certification. (C) Designation of a contact person (including name, address and telephone number) authorized to receive communications or other utility related information from the (D) Such other information as the city may deem necessary to verify eligibility for (5) A customer designated as medically vulnerable must reapply every six months to maintain eligibility status. Failure to reapply shall result ini removal from the medically (6) If at the time of registration, the utility account for the service address or for the medically vulnerable resident has a balance past-due, the customer must pay the balance owed or enter into a deferred payment agreement in order for the residence to  defined herein:  concentrator, pressure pump, and pressure pad.  medical condition that requires heating or air conditioning.  provide the following information:  city on behalfofthe medically vulnerable resident.  support under this policy.  vulnerable list.  be placed on the medically vulnerable list.  (g) Liens.  (1) Ifan account remains unpaid, the City may impose a lien against real property to which  5    service was delivered. Ift the customer of such service is a rental tenant only, the City may impose a lien against any real or personal property held individually or jointly by the customer for the delinquent bills incurred by the customer. The lien shall include and secure delinquent charges. penalties. and collection costs. The City shall perfect the lien by filing a notice containing a legal description oft the property and the utility account number for the delinquent charges in the real property records oft the county. (2) The lien authorized in this section shall not apply to bills for service connected in a tenant' s name after notice by the property owner to the city that the property is ai rental (3) The lien authorized by this article shall not apply to homestead property as protected (4) The lien authorized in this section is superior to all liens except a bona fide mortgage lien that is recorded before the recording of the City's utility lien in the real  property.  by the Texas Constitution.  property records of the county.  (h) City Council Adjustment ofUtility Billing.  (1)  Acustomer may, within six months of receiving a bill submit a written request for City Council to consider approval of an adjustment ofs such utility bill to the Utility Department on a form approved by City Council. The Utility Department may include recommendations to the City Council as to the terms and conditions fort the  requested adjustment in response to the written request.  (2)The Utility Department may not grant any billing adjustment without City Council  approval other than expressly authorized by section (a)(8).  (3)  Adjustments under this subsection (h) may be requested for the following reasons: (A) Water was being lost through a latent defect in a water line at the property served by the meter and. as a result of said latent defect, water provided through the city water  meter serving was lost and not used in any manner by anyone. (B) the meter for utility service was erroneous. or nonfunctioning. (C) ab billing error resulting from the causes listed in (a) or (b) above. or both. Section 2. Repeal of Conflicting Ordinances. All ordinances, or parts of ordinances, inconsistent herewith are, to the extent of such inconsistency or conflict, hereby repealed.  Section 3. Severability. In the event any clause, phrase, provision sentence, or any part of this Ordinance or the application oft the same to any person or circumstances shall for any reason bea adjudged invalid or held unconstitutional by a court ofo competentj 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 or unconstitutional; and the City Council of the City of West Columbia,    Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or  more parts.  [signature pagefollows)  PASSED AND APPROVED, AND ADOPTED this 1St  day of  July  2024.  APPROVED:  Katherine Ragston Ward, Mayor  ATTEST:  Sabrina Alvarez, City Secretary  7