May 9, 2025 The Linden City Council will have a regular meeting on Monday, May 12, 2025, at 6:00 P.M. at the Mary Daughety Senior Citizens Center, 507 S. Kaufman St., Linden, Cass County, Texas. AGENDA 1. CALLTO ORDER 2. INVOCATION & PLEDGE OF ALLEGIANCE 3. PRESENTATION BY CITY OF LINDEN a. Recognition of Service for Retiring City Council Member Codi Codi Grubbs 4. ADMINISTER OATH OF OFFICE a. Administer Oath of Office by Judge Terri Price 5. PUBLIC COMMENT Citizens may sign up prior to council meeting ifrequesting time to address council. Presentations will be limited to. no more. than three (3). minutesfor individuals, fen (10) minutes for groups. 6. PRESENTATION a. Staci Killingsworth - Linebarger, Goggan, Blair & Sampson, LLP 7. AGENDA REQUEST a. Denise Haas 8. CONSENT AGENDA a. Consider and act on minutes from April 14, 2025 regular City Council meeting b. Consider and act on current bills and bank statements 9. NEW BUSINESS a. Consider and act on appoving a collections service agreement with Linebarger, Goggan, Blair & Sampson, LLP b. Consider and act on Resolution 3-25 - Authroizing the Imposition of a 20% Penalty for Collection Costs on Deliquent Taxes for Tax Year 2025 and Subsequent Years C. Consider and act on opening new City ofLinden bank account - City of Liden GLO Resilent Communities Program with signatories being Wayne Fitts, Megan Kirkland, Luci Trahan, and Mary Dowd d. Consider and act on Ordinance 2025-3 - An Orrdinance of the City of Linden, Texas regulating the speed of motor vehicles upon a certain section of US 59 within the corporate limits of the city of Linden, Texas. authorizing the Texas Department of Transportation to erect signs, prescribing penal ties, repealing all ordinances in conflict herewith and providing a savings clause; and declaring an emergency. e. Discuss, consider, and act on Resolution 4-25 - Authorizing Signatories for GLO Resilient Communities Program grant CDBG-MIT: 23-160-097-F097 f. Discuss, consider, and act on Resolution 5-25 - Adopting Required CDBG Civil Rights policies g. Consider and act on awarding PZ-25-01 Application for manufactured home variance from Denise Haas 10. PUBLIC REPORTS a. Library - Denise Haas, Library Director b. Police Department - David Dulude, Chief of Police C. Fire Department - Chris Hill, Fire Chief d. Utilities - Megan Kirkland & Justin Bunn, Assistant City Administrator/Public Works e. City Administrator Stephen Barnes, City Administrator/LEDC Director f. Mayor - Wayne Fitts, Mayor 11. EXECUTIVE SESSION a. Personnel 12. ADJOURNMENT Megan Kirkland City Secretary REGULAR MEETING Monday, April 14, 2025 The Linden City Council mel for a regular meeting at 6:00 p.m. on Monday, April 14, 2025 at the Mary Daughety Senior Citizens' Center, 507 S. Kaufman St., Cass County, Linden, Texas. Members present: Mayor Lynn Reynolds: City Councilmen Austin Williams, James Johnson, and Bill Thomas; City Councilwoman Codi Grubbs. City Councilwoman Mary Dowd was absent. The following guests were present: Thomas Duncan, Wayne Fitts, Josh Lane, Franklin Hamilton, Luci Trahan, Denise Haas, Chris Hill, and Wade Billingsley. City Staff present: Stephen Barnes City Administator/LEDC Director, Megan Kirkland Assistant City Administrator/City Clerk, Terressa Wall Bookkeeper, and Police Chief David Dulude. Land 2. Call to Order - Mayor Reynolds called the meeting to order, City Councilman Johnson gave the invocation, City Councilman Thomas led the pledge, and Mayor Reynolds welcomed the guests. 3. Public Comment = Bo Johnston spoke to the council on the road status. Mr. Barnes stated the next big phase of the street bond would be the Crow Heath area, starting in late summer or early fall. 4. Consent Agenda Motion by Mr. Williams, seconded by Ms. Grubbs to approve the consent agenda as presented. All yeas. 5. New Business a. Consider and act on awarding PA-25-01 Application for manufactured home variance from Jerriett Simms. This was briefly discussed and it was noted the area was not within the city limits of Linden. 6. Public Reports: a. Library - Ms. Haas stated the Easter in the Park was held on Saturday with not as many kids, but lots of help. She stated membership and usage were both up. She reminded everyone about the upcoming dinner theater on May gth. b. Police - Chief Dulude was out of town, SO no update. C. Fire Dept. Chief Hill went over the monthly fire report with the city council. d. Utilities - Ms. Kirkland stated USDA project is finishing all the bores under Hwy 59, hooking up street lines, and flushing hydrants, She stated Bronco Lane/Walker Road should be finished' by summer. She added the city crews have been patching roads whenever possible. e. City Administrator - Mr. Barnes stated we are working on a comprehensive planning grant for $50,000 which will have zero match and is seeking a GIS grant for water and sewer line mapping which also will have no match. f. Mayor Reynolds stated she had nothing to add. Motion by Mr. Johnson, seconded by Mr. Thomas to adjourn. All yeas, Wayne Fitts Mayor Megan Kirkland City Secretary BANK BALANCES AS OF APRIL 30, 2025 POOLED CASH 67,829.41 MUNICIPAL COURT TECHNOLOGY 16,478.32 MUNICIPAL COURT BUILDING SECURITY 17,632.24 MUNICIPAL COURT TIME PAYMENT 11,736.04 MUNICIPAL COURT LOCAL TRUANCY/DIVERSION 24,396.24 MUNICIPAL COURT JURY 938.53 HOTEL/MOTEL TAX 38,207.74 CAPITAL 380,057.08 LINDEN POLICE DEPT. ESCROW 1,614.47 SHORT LIVED ASSET RESERVE FUND 100.00 USDA DEBT SERVICE RESERVE FUND 100.00 USDA WATER GRANT/LOAN 23,495.80 WW & SS REVENUE BONDS SERIES 2015 INT/SINK 0.00 STREET CERTIFICATE OF OBLIGATION SERIES 2022 2,790,324.57 STREET CERTIFICATE OF OBLIGATION SERIES 2022 INT/SINK 184,534.94 TXCDBG-STREET IMPROVEMENT GRANT 100.00 TOTAL 3,557,545.38 CERTIFICATES OF DEPOSIT AS OF APRIL 30, 2025 METER DEPOSITS 62,702.28 REVENUE BOND 35,494.37 TOTAL 98,196.65 3,655,742.03 B 1 W C B 60 Agreement for Tax Collection Services made between Blair & Sampson, LLP (hereinafter referred to as the This Agreement is Linebarger Goggan "Firm") and City of Linden (hereinafter referred to as the "Client"). Article I Nature of Relationship 1.01 The parties hereto acknowledge that this Agreement creates an attorney-client relationship. 1.02 The Client hereby employs the Firm to provide the services hereinafter described for compensation hereinafter provided. Article 2 Scope of Services 2.01 The Firm shall take reasonable and ecessary actions to collect property taxes that are owed to the Client and to any other taxing unit whose taxes are assessed and collected by the Client, and that are subject to this agreement, as hereinafter provided. 2.02 The Client may from time-to-time specify in writing additional actions to be taken by the Firm in connection with the collection of taxes that are owed to the Client. Client further constitutes and appoints the Firm as Client's attorneys to sign all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to prosecute the Client's claim for taxes. 2.03 Taxes owed to the Client shall become subject to this agreement upon the following dates, whichever occurs first: (a) On February 1 of the year in which the taxes become delinquent if a previously filed tax suit is then pending against the property subject to the tax; (b) On the date any lawsuit is filed with respect to the recovery of the tax if the tax is delinquent and is required to be included in the suit pursuant to TEX. TAX CODE S 33.42(a); (c) On the date of filing any application for tax warrant where recovery of the tax or estimated tax is sought and where the filing of an application for tax warrant by the Firm is at the request of Client's Tax Assessor- Collector; (d) On the date of filing any claim in bankruptcy where recovery of the tax is sought; or (e) In the case of tangible personal property, on the 60th day after the February 1 delinquency date; or (f) On July 1 of the year in which the taxes become delinquent. Article 3 Compensation 3.01 Client agrees to pay to the Firm, as compensation for the services required herein, as follows: (a) fifteen (15%) percent of the amount of all 2024 and prior year taxes, penalty and interest subject to the terms of this contract as set forth in Paragraph 2.03 above, collected and paid to the collector of taxes during the term of this contract, as and when collected; and (b) twenty (20%) percent of the amount of all 2025 and subsequent year taxes, penalty and interest subject to the terms of this contract as set forth in Paragraph 2.03 above, collected and paid to the collector of taxes during the term of this contract, as and when collected. 3.02 The Client shall pay the Firm by the twentieth day of each month, all compensation earned by the Firm for the previous month as provided in this Article 3. All compensation above provided for shall become the property of the Firm at the time payment of the taxes, penalty and interest is made to the collector. Article 4 Intellectual Property Rights 4.01 The Client recognizes and acknowledges that the Firm owns all right, title and interest in certain proprietary software that the Firm may utilize in conjunction with performing the services provided in this Agreement. The Client agrees and hereby grants to the Firm the right to use and incorporate any information provided by the Client ("Client Information") to update the databases in this proprietary software, and, notwithstanding that Client Information has been or shall be used to update the databases in this proprietary software, further stipulates and agrees that the Client shall have no rights or ownership whatsoever in and to the software or the data contained therein, except that the Client shall be entitled to obtain a copy of such data that directly relates to the Client's accounts at any time. 4.02 The Firm agrees that it will not share or disclose any specific confidential Client Information with any other company, individual, organization or agency, without the prior written consent of the Client, except as may be required by law or where such information is otherwise publicly available. It is agreed that the Firm shall have the right to use Client Information for internal analysis, purposes of improving the proprietary software and database, and to generate aggregate data and statistics that may inherently contain Client Information. These aggregate statistics are owned solely by the Firm and will generally be used internally, but may be shared with the Firm's affiliates, partners or other third parties for purposes of improving the Firm's software and services. Article 5 Costs 5.01 The Firm and Client recognize that publication costs for citations and notices of sale and title abstract costs will be incurred in the process of providing the litigation services contemplated in this Agreement. All such costs shall be billed to the Client, in care of the Firm, and the Firm will advance the payment of such costs on behalf of the Client. Upon recovery of such costs from the defendants or from the tax sale of defendants' property, the Firm shall be reimbursed for the advance payment. Alternatively, the Firm may arrange with the vendor or agency providing the service that actual payment of the costs of services is wholly contingent upon recovery of such costs by the Client ort the Firm from the defendants or from the tax sale of defendants' property. In such contingent arrangements, the Client has no responsibility or liability for payment or advancement of any costs, other than forwarding to the vendor or service provider any cost amounts received from defendants or from the tax sale of defendants' property. 5.02 The Client acknowledges that the Firm may provide services, such as title research, with its own employees or with other entities or individuals who may be affiliated with the Firm, but the Firm agrees that any charges for such services will be reasonable and consistent with what the same services would cost if obtained from a third party. The Client agrees that upon the recovery of such costs, the Client will: () pay the Firm for any such costs which have been advanced by the Firm or performed by the Firm, and (i) pay any third party agency or vendor owed for performing such services. Article 6 Term and Termination 6.01 This Agreement shall be effective on May 12, 2025 (The 'Effective Date") and shall expire on May 12, 2030 (the "Expiration Date") unless extended as hereinafter provided. 6.02 Unless prior to 60 days before the Expiration Date, the Client or the Firm notifies the other in writing that it does not wish to continue this Agreement beyond its initial term, this Agreement shall be automatically extended for an additional one year period without the necessity of any further action by either party. In the absence of any such 60 day notice by either the Client or the Firm, the Agreement shall continue to automatically renew for additional and successive one-year terms in the same manner at the end of each renewal period. 6.03 If at any time during the initial term of this Agreement or any extension hereof, the Client determines that the Firm's performance under this Agreement is unsatisfactory, the Client shall notify the Firm in writing of the Client's determination. The notice from the Client shall specify the particular deficiencies that the Client has observed in the Firm's performance. The Firm shall have sixty (60) days from the date of the notice to cure any such deficiencies. If at the conclusion of that sixty-day remedial period, the Client remains unsatisfied with the Firm's performance, the Client may terminate this Agreement effective upon the expiration of thirty days following the date of written notice to the Firm of such termination ("Termination Date"). 6.04 Whether this Agreement expires or is terminated, the Firm shall be entitled to continue to prosecute any tax suits, applications for tax warrants or bankruptcy claims pending on the Termination Date or Expiration Date for an additional six months following termination or expiration. The Client agrees that the Firm shall be compensated as provided by Article 3 for any base tax, penalties and interest collected in the pending matters during the six-month period. 6.05 The Client agrees that the Firm shall be reimbursed for any costs advanced and shall be paid for any services performed pursuant to Article 5 when such costs are recovered by or on behalf of the Client, regardless of the date recovered. It is expressly agreed that neither the expiration nor the termination of this Agreement constitutes a waiver by the Firm of its entitlement to be reimbursed for such costs and to be paid for such services. Iti is further expressly agreed that the expiration of any six-month period under Section 6.04 does not constitute any such waiver by the Firm. Article 7 Miscellaneous: 7.01 Assignment and Subcontracting. This Agreement is not assignable, provided however, the Firm may from time-to-time obtain co-counsel or subcontract some of the services provided for herein to other law firms or entities. In such cases, the Firm will retain supervisory control and responsibility for any services provided by such co-counsel or subcontractors and shall be responsible to pay any compensation due to any such co-counsel or subcontractor. 7.02 Arbitration. Any controversy between the parties to this Agreement involving the construction or application of any of the terms, covenants, or conditions of this Agreement shall, on the written request of one party served on the other, be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the Texas General Arbitration Act. 7.03 Integration. This Agreement contains the entire agreement between the parties hereto and may only be modified in a written amendment, executed by both parties. 7.04 Representation of Other Taxing Entities. The Client acknowledges and consents to the representation by the Firm of other taxing entities that may be owed taxes or other claims and be secured by the same property as the Client's claim. 7.05 Retention of Files. The Firm will retain the files created in the course of performing the Services specified in Article 2 above according to the following schedule. After the time periods specified in this Section, Client consents to the destruction of such files, SO long as such destruction is undertaken in a manner to protect the confidentiality of any personal or private information contained therein. Tax Warrant files: Five years from the date of issuance of a warrant. Litigation files: Two years from the date of nonsuit or dismissal of a suit occurring prior to a final judgment. Five years from the date of sale of the last property pursuant to the judgment or other satisfaction of the judgment. Ten years from the date of filing of an abstract of judgment, or five years from the date of satisfaction of the judgment, whichever is earlier. Bankruptcy Files: Two years from the date of dismissal of a bankruptcy proceeding or other order closing the case, or from satisfaction of a claim, whichever is earlier, with respect to Chapter 7 and 13 proceedings. Three years from the date of dismissal of a bankruptcy proceeding or other order closing the case, or from satisfaction of a claim, whichever is earlier, with respect to Chapter 11 proceedings. 7.06. Compliance with Tx. Govt. Code $2271.002. In order to comply with Tx. Govt. Code $2271.002, the Firm verifies that it does not boycott Israel and will not boycott Israel during the term of the contract. 7.07 Compliance with Tx. Govt. Code $2252.151- 154. In order to comply with Tx. Govt. Code $2252.152, the Firm verifies that it is not a company identified on the Texas Comptroller's list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State under federal law. 7.08 Compliance with Tx. Govt. Code $2274.001 - .002. In order to comply with Tx. Govt. Code $2274.002, the Firm verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. 7.09 Compliance with Tx. Govt. Code $2274.001 - .002. In order to comply with Tx. Govt. Code $2274.002, the Firm verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and, will not discriminate during the term of the contract against a firearm entity or firearm trade association. In consideration of the terms and compensation herein stated, the Firm hereby accepts said employment and undertakes the performance of this Agreement as above written. This Agreement is executed on behalf of the Firm and of the Client by the duly authorized persons whose signatures appear below. Linebarger Goggan Blair & Sampson, LLP By: By: Wayne Fitts, Mayor of City of Linden Staci Killingsworth Date: Date: ATTEST: CITY OF LINDEN RESOLUTION 3-25 AUTHORIZING THE IMPOSITION OF A 20% PENALTY FOR COLLECTION COSTS ON DELINQUENTTAXES FOR TAX YEAR 2025 AND SUBSEQUENT YEARS RECITALS Section 6.30 of the Texas Tax Code, as amended, authorizes the City of Linden to provide for compensating an attorney up to 20% of the delinquent tax, penalty, and interest collected by the attorney. Sections 33.07, 33.08, and 33.11 oft the Texas Tax Code, as amended, authorize City of Linden to impose additional penalties secured by a tax lien to defray the cost of collection, not to exceed the amount oft the compensation specified in the contract with an attorney pursuant to section 6.30 ofthe Texas Tax Code. The City of Linden has contracted with Linebarger Goggan Blair & Sampson, LLP ("Linebarger") to collect its delinquent taxes pursuant to section 6.30 ofthe Texas Tax Code, as amended. The contract provides that Linebarger's compensation shall be comprised of section 33.07 penalties, section 33.08 penalties, section 33.11 penalties and section 33.48 attorney fees awarded to and collected by Linebarger, pursuant to each statute ofthe Texas Tax Code. The City of Linden has agreed in the contract to impose section 33.07, section 33.08, and section 33.11 penalties of 20% to offset the cost of delinquent tax collection efforts. other ofthis resolution, it is not intended to and it should not be Notwithstanding any provision under Section 33.07 of the Texas Tax Code on construed SO as to impose an additional penalty Code forbids delinquent tangible personal property taxes that Section 33.11 ofthe Texas Tax any its application. ORDER ITIS ORDERED, ADJUDGED AND DECREED BY THE CITY OF LINDEN THAT: Section 1. The matters and facts related in the preamble of this order are hereby found and determined to be true and correct. Section 2. In connection with 2025 taxes that become delinquent before June 1, 2026, and subsequent years' taxes, the City ofLinden hereby affirmatively imposes an additional 20% penalty pursuant to Tex. Tax Code $ 33.07. Section 3. In connection with 2025 taxes that become delinquent on or after June 1, 2026, and subsequent years' taxes the City ofLinden hereby affirmatively imposes an additional 20% penalty pursuant to Tex. Tax Code $ 33.08. Section 4. In connection with 2025 taxes that become delinquent on or after February 1, 2026 and subsequent years' taxes imposed on tangible personal property, the City of Linden hereby affirmatively imposes an additional 20% penalty pursuant to Tex. Tax Code $ 33.11. Section 5. The City of Linden Tax Assessor-Collector is authorized to mail notice of the delinquency and of the penalty to each property owner in accordance with Tex. Tax Code sections 33.07, 33.08, and 33.11. PASSED, APPROVED, AND ADOPTED this day of 20 ATTEST/SEAL: City ofLinden By: By: Megan Kirkland, City Secretary Wayne Fitts, City Mayor 701 E Main St I Atlanta, Texas 75551 Texas 903.796.2851 of7 Department Transportation txdot.gov Control: 0218-04, and 0062-04 Highway: US 59 City: Linden County: Cass Subject: Speed Zoning Honorable Lynn Reynolds, Mayor City of Linden P.O. Box 419 Linden, Texas 75563 Dear Mayor Reynolds: With reference to a recent engineering study and traffic survey conducted by the Texas Department of Transportation, the appropriate speed zones on US 59 have been determined. An expedient reply is requested on passage of the city ordinance in order that the speed zones may be in compliance with state traffic law. The method Texas Department of Transportation uses to set speed limits is a standard used throughout the country. The speed study method is known as the 85th percentile, while accommodating development, driveway density, and crash data. Attached are two copies of a strip map for US 59, marked "Exhibit A" with a city ordinance. Please return one strip map and a copy of the city ordinance to our office after adoption by the city. If we can be of any assistance in reviewing these proposals, please feel free to call myself at or Jamie Barnes of this office Sincerely, Cluishira Tuh Christina Trowler, P.E. Director of Transportation Operations Atlanta District Jeb Attachment Connecting You with Texas An Equal Opportunity Employer ORDINANCE NO. 2025-3 AN ORDINANCE OF THE CITY OF LINDEN, TEXAS REGULATING THE SPEED OF MOTOR VEHICLES UPON A CERTAIN SECTION OF US 59 WITHIN THE CORPORATE LIMITS OF THE CITY OF LINDEN, TEXAS. AUTHORIZING THE TEXAS DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS, PRESCRIBING PENALTIES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, the City of Linden, Texas and the Texas Department of Transportation have conducted engineering studies and traffic investigations to determine the reasonable and safe prima facie maximum speeds for motor vehicles upon that section of US 59 within the corporate limits of the City of Linden, Texas; and WHEREAS, it has been determined by engineering studies and traffic investigations that the reasonable and safe prima facie maximum speeds for motor vehicles traveling upon said section of the nereinabove mentioned highway in the City of Linden, Texas should be as set out hereinafter; and WHEREAS, said section with said reasonable and safe prima facie speed limits as nereinafter set forth has been approved by the Texas Department of Transportation upon its own independent investigations; and WHEREAS, the Texas Department of Transportation has indicated a willingness to erect signs indicating the reasonable and safe facie maximum speed limits, along said portions of the above mentioned highways within the City of Linden, Texas; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LINDEN, TEXAS: Page 1 SECTION 1. That the following prescribed section of US 59 as indicated on the attached plan marked EXHIBIT A"is regulated as to the speed of motor vehicles traveling thereon in the direction indicated, and it shall be unlawful for the driver of any motor vehicle to drive said vehicle within said section in the direction stated at a speed in excess of the following: A. FOR TRAFFIC TRAVELING IN A SOUTH ON US 59. 1. Seventy five (75) miles per hour from the north city limits of Linden (MP 24.888 - Cont. 0218-04), south for a distance of 0.307 miles, to a point 540 feet north of Idlewyld Dr (MP 25.195-Cont. 0218-04). 2. Sixty five (65) miles per hour from a point 540 north of Idlewyld Dr (MP 25.195- Cont. 218-04 south for a distance of 0.512 miles, to a point 638 feet north of Harvey Hicks Rd. / CR 1913 (MP 25.707 Cont. 0218-04). 3. Fifty five (55) miles per hour from a point 638 feet north of Hicks Harvey Rd./C CR 1913 (MP 25.707 Cont. 0218-04) south for a distance of 0.734 miles, to a point 165 feet north of Dogwood Dr. (MP 26.441 Cont. 0218-04). 4. Fifty (50) miles per hour from a point 165 feet north of Dogwood Dr. (MP 26.441 Cont. 0218-04) south for a distance of 0.898 miles to a point 481 feet north of Hampton St. (MP 27.339 Cont. 0062-04). 5. Sixty five miles per hour from a point 481 feet north of Hampton St. (MP 27.339 Cont. 0062-04) south for a distance of 0.310 miles to a point being the south city limits of Linden (MP 27,649 Cont. 0062-04). Said point also being the point of termination. Page 2 B. FOR TRAFFIC TRAVELING NORTH ON US 59. 1. Sixty five (65) miles per hour from the south city limits of Linden (MP 27.649 - Cont. 0062-04) north for a distance of 0.310 miles to a point 481 feet north of Hampton St. (MP 27.339 Cont. 0062-04). 2. Fifty (50) miles per hour from a point 481 feet north of Hampton St. (MP 27.339 Cont. 0062-04) north for a distance of 0.898 miles to a point 165 feet north of Dogwood Dr. (MP 26.441 Cont. 0218-04). 3. Fifty five (55) miles per hour from a point 165 feet north of Dogwood Dr. (MP 26.441 Cont. 0218-04) north for a distance of 0.734 miles to a point 638 feet north of Hicks Harvey Rd. / CR 1913 (MP 25.707 Cont. 0218-04). 4. Sixty five miles per hour from a point 638 feet north of Hicks Harvey Rd / CR 1913 (MP 25.707 Cont. 0218-04) north for a distance of 0.512 miles to a point 540 feet north of Idlewyld Dr. (MP 25.195 Cont. 0218-04). 5. Seventy five miles per hour from a point 540 feet north of dlewyld Dr. (MP 25.195 Cont. 0218-04) north for a distance of 0.307 miles to a point being the north city limits of Linden (MP 24.888 Cont. 0218-04). Said point also being the point of termination. Page 3 SECTION 2. That the hereinabove speeds for vehicular traffic traveling upon the hereinabove designated section of US 59 in the direction herein specified be and they are hereby found to be reasonable and safe prima facie speed limits therefore. The fact that this regulation of the speed of motor vehicles is needed, creates an emergency which is for the immediate preservation of public safety and general welfare, requires that this ordinance take effect immediately from and after its passage and it is accordingly SO ordained. SECTION 3. The Texas Department of Transportation is authorized to erect signs indicating the speed limits herein designated. SECTION 4. That any person violating any provisions of this ordinance shall upon conviction be deemed guilty of a misdemeanor and shall be fined in any sum not to exceed two hundred dollars ($200.00) SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 4 SECTION 6. If any portion of this ordinance shall be judicially determined to be invalid such invalidity shall affect only that portion thereby SO found and it shall not be construed SO as to affect or otherwise impair the validity of the remaining portions thereof. PASSED, EXAMINED AND APPROVED this the day of 20 A.D. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Aks City Attorney Page 5 RESOLUTION 4-25 AUTHORIZING SIGNATORIES A RESOLUTION BY THE CITY OF LINDEN DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION, (CDBG-MIT) GENERAL LAND OFFICE (GLO) STATE CONTRACT NUMBER 23-160-097-F097 WHEREAS, City of Linden has received a Community Development Block Grant - Mitigation award to provide Planning Activities; and WHEREAS, it is necessary to appoint persons to execute contractual documents and documents requesting funds from the Texas General Land Office and; WHEREAS, an original signed copy of the CDBG-MIT Depositony/Authorized Signatories Designation Form is to be submitted with a copy of this Resolution, and; WHEREAS, City of Linden acknowledges that in the event that an authorized signatory changes (elections, illness, resignations, etc.) the following will be required: new authorized new resolution is not required if this o a resolution stating the signatory (A original resolution names only the title and not the name of the signatory); and o a revised CDBG-MIT Depository/ Authorized Signatories Designation Form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LINDEN, TEXAS, AS FOLLOWS: SECTION 1: The City Administrator and Assistant City Administrator be authorized to execute contractual documents between the Texas General Land Office and the City for the Community Development Block Grant - Mitigation. SECTION 2: The City Administrator and Assistant City Administrator be authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in the Community Development Block Grant - Mitigation. SECTION 3: The Mayor will be authorized to execute environmental review and related documents as the responsible entity (RE) for the Community Development Block Grant Mitigation. PASSED AND APPROVED BY THE CITY OF LINDEN, TEXAS, on 2025. APPROVED: Wayne Fitts, Mayor ATTEST: Stephen Barnes, City Administrator COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office DeposioryAuthonzed Signatores Designation Formi Subrocipient: Linden Contract Number: 23-160-097-F097 The individuals below are designated by resolulion 09 author ized signatories for contractual documents. A1 least two signatories required. Stephen Barnes Megan Kirkland Name Name City Administrator Assistant City Administrator Tille Title Signalure Signature Name Name Title Title Signature Signature Thé linancial lending instilution isted here will seive as the depository for the Texas General Land Office- Disaster Recovery Program Communitly Devolopment Block Grant ICDBG) lunds: Texana Banks, N.A. Name of Lending Instilution 124 Rush St. Address Linden, Tx 75563 Cily, State, Zip Code Fund Account Number: 50032321 The individuals bélowi are designated by resplution as authorized signatories for linancial documents. AL leasi two signatories required. Stephen Barnes Megan Kirkland Name Name City Administrator Assistant City Administrator Tille Title Signalure Signature Effective September 2021 Page 1 of 2 RESOLUTION 5-25 REGARDING CIVIL RIGHTS CITY OF LINDEN, TEXAS Whereas, City of Linden, Texas, (hereinafter referred to as "City of Linden") has been awarded a Community Development Block Grant = Mitigation (CDBG-MIT) grant from the Texas General Land Office (hereinafter referred to as "GLO"); Whereas, City of Linden, in accordance with Section 109 of the Title I of the Housing and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and for construction contracts greater than $10,000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the CDBG-MIT activity, on the basis of race, color, religion, sex, national origin, age, or disability; Whereas, City of Linden, in consideration for the receipt and acceptance of federal funding for the Contract, agrees to comply with all federal rules and regulations including those rules and regulations governing citizen participation and civil rights protections; Whereas, City of Linden, in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 135 is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the CDBG- MIT project area; Whereas, City of Linden, in accordance with Section 104(1) of the Housing and Community Development Act, as amended, and State's certification requirements at 24 CFR 91.325(b)(6), must adopt an excessive force policy that prohibits the use of excessive force against non-violent civil rights demonstrations; Whereas, City of Linden, in accordance with Executive Order 13166, must take reasonable steps to ensure meaningful access to services in federally assisted programs and activities by persons with Limited English Proficiency (LEP) and must have an LEP plan in place specific to the locality and beneficiaries for each CDBG- MIT project; Whereas, City of Linden, in accordance with Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have access to programs and activities that receive federal funds; and Whereas, City of Linden, in accordance with Section 808(e)(5) of the Fair Housing Act (42 USC 3608(e)(5)) that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at least one activity during the contract period, to affirmatively further fair housing; Whereas, City of Linden, has designated an overseer and will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LINDEN, TEXAS, THAT CITY OF LINDEN ADOPTS THE FOLLOWING: 1. Citizen Participation Plan and Grievance Procedures; 2. Excessive Force Policy; 3. Section 504 Policy and Grievance Procedures; 4. Code of Conduct Policy; 5. Fair Housing Policy; and 6. Section 3 Policy. The City of Linden affirms its commitment to conduct a project-specific analysis and take all appropriate action necessary to comply with program requirements for the following: 1. Limited English Proficiency (LEP) Standards Plan; and 2. Affirmatively Further Fair Housing Passed and approved this day of 2025. Wayne Fitts Signature of Mayor Printed Name of Mayor Mayor, City of Linden LINDEN CITIZEN PARTICIPATION PLAN TEXAS GENERAL LAND OFFICE (GLO) COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION (CDBG-MIT) COMPLAINT PROCEDURES These complaint procedures comply with the requirements of the Texas General Land Office's Community Development Block Grant - Mitigation (CDBG-MIT) and Local Government Requirements found in 24 CFR $570.486 (Code of Federal Regulations). Citizens can obtain a copy of these procedures at Linden offices, 104 S Main St, Linden, TX 75563 (Address), (903) 756-7502 (Phone), during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the CDBG-MIT project. 1. A person who has a complaint or grievance about any services or activities with respect to the CDBG-MIT project(s), whether it is a proposed, ongoing, or completed CDBG-MIT project(s), may during regular business hours submit such complaint or grievance, in writing to the Assistant City Administrator of Linden at 104 S Main St, Linden, TX 75563 or may call (903) 756-7502. 2. A copy of the complaint or grievance shall be transmitted by the Assistant City Administrator to the entity that is the subject of the complaint or grievance and to the City Attorney within five (5) working days after the date of the complaint or grievance was received. 3. The Assistant City Administrator shall complete an investigation of the complaint or grievance, if practicable, and provide a timely written answer to person who made the complaint or grievance within ten (10) days. 4. If the investigation cannot be completed within ten (10) working days per 3. above, the person who made the grievance or complaint shall be notified, in writing, within fifteen (15) days where practicable after receipt of the original complaint or grievance and shall detail when the investigation should be completed. 5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the CDBG-MIT for their further review and comment. 6. If appropriate, provide copies of grievance procedures and responses to grievances in both English and Spanish, or other appropriate language. TECHNICAL ASSISTANCE When requested, the City shall provide technical assistance to groups that are representative of persons of low- and moderate-income in developing proposals for the use of CDBG-MIT funds. The City, based upon the specific needs of the community's residents at the time of the request, shall determine the level and type of assistance. PUBLIC OUTREACH EFFORTS In instances of a change in scope or impact to beneficiaries that result in a 15% increase or decrease in quantities, a 25% variance in number of beneficiaries, addition or subtraction of a targeted beneficiary area, or addition or subtraction of a HUD activity, the City shall provide for reasonable public notice, appraisal, examination and comment on the activities proposed for the use of CDBG-MIT funds. These efforts shall include: 1. Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which CDBG-MIT funds are proposed to be used; 2. Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to an entity's proposed and actual use of CDBG-MIT funds; 3. Furnish citizens information, including but not limited to: a) the amount of CDBG-MIT funds expected to be made available b) the range of activities that may be undertaken with the CDBG-MIT funds c) the estimated amount of the CDBG-MIT funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons d) if applicable, the proposed CDBG-MIT activities likely to result in displacement and the entity's anti- displacement and relocation plan; 4. Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application to the state and, for grants already made, activities which are proposed to be added, deleted, or substantially changed from the entity's application to the state. Substantially changed means changes made in terms of purpose, scope, location, or beneficiaries as defined by criteria established by the state. Additional criteria may include: a) A variance in quantity (ies) by more than 15%; b) A variance in total beneficiaries by more than 25%; c) Addition or deletion of a defined target benefit area; d) Addition or deletion of a HUD activity (ex. water improvements, sewer improvements); or e) Addition of acquisition activities or activity within a floodplain or floodway 5. These outreach efforts may be accomplished through one or more of the following methods: a) Publication of notice in a local newspaper- a published newspaper article may be used SO long as it provides sufficient information regarding program activities and relevant dates; b) Notices prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups; C) Posting of notice on the local entity website (if available); d) Public Hearing; or e) Individual notice to eligible cities and other entities as applicable using one or more of the following methods: i. Certified mail ii. Electronic mail or fax ili. First-class (regular) mail iv. Personal delivery (e.g., at a Council of Governments [COG] meeting). PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by a CDBG-MIT applicant or recipient, the following public hearing provisions shall be observed: 1. Public notice of any hearings must be published at least seventy-two (72) hours prior to the scheduled hearing. The public notice must be published in a local newspaper. Each public notice MUST include the DATE, TIME, LOCATION and TOPICS to be considered at the public hearing. A published newspaper article may also be used to meet this requirement sO long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups. 2. Each public hearing shall be held at a time and location convenient to potential or actual oeneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and an applicant must make arrangements for individuals who require auxiliary aids or services if contacted at least two (2) days prior to each hearing. 3. When a significant number of non-English speaking residents are part of the potential service area of the TxCDBG project, vital documents such as notices should be published in the predominant language of these non-English speaking citizens. 4. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. 5. City may conduct a public hearing via webinar if they also follow the provisions above. If the webinar is used to conduct a public hearing, a physical location with associated reasonable accommodations must be made available for citizens to participate SO as to ensure that those individuals without necessary technology are able to participate. 6. If applicable, the locality must retain documentation of the hearing notice(s), attendance lists, minutes of the hearing(s), and any other records concerning the actual use of funds for a period of three years after the project is closed out. Such records must be made available to the public in accordance with Chapter 552, Government Code. Wayne Fitts, Mayor Signature Date Excessive Force Policy In accordance with 24 CFR 91.325(b)(6), City of Linden hereby adopts and will enforce the following policy with respect to the use of excessive force: 1. It is the policy of City of Linden to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations. 2. Iti is also the policy of City of Linden to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 3. City of Linden will introduce and pass a resolution adopting this policy. As officers and representatives of City of Linden, we the undersigned have read and fully agree to this plan and become a party to the full implementation of this program. Wayne Fitts, Mayor Signature Date Limited English Proficiency Plan 1 23-160-097-F097 Texas General Land Office Community Development Block Grant-MWitigation Grant Subrecipient: City of Linden Community Population: 4,173 LEP Population: 62 1.5% Languages spoken: 1) by more than 5% of the eligible population or Spanish beneficiaries and has more than 50 in number 2) by more than 5% of the eligible population or beneficiaries but has 50 or less in number 3) by 1,000 or more individuals in the eligible population in the market area or among current beneficiaries Program activities to be accessible to LEP persons: Public Notices and hearings regarding applications for grant funding, amendments to project activities, and completion D ofgrant-funded project Publications regarding CDBG-MIT application, grievance procedures, complaint procedures, complaint procedures, answers to complaints, notices, notices of rights and disciplinary action, and other vital hearings, documents, and program requirements E Other program documents: Documents available in Spanish for directly assisted beneficiaries, if applicable. Resources available to Grant Recipient: Translation services: available upon request J Interpreter services: available upon request with prior notice D Other resources: Language Assistance to be provided: Translation (oral and/or written) of advertised notices and vital documents for: Public hearing, Complaint and Grievance, Equal Opportunity, Policy of Non-discrimination Based on Disability Status and Fair Housing notices are available in Spanish. Other CDBG required program notices are available in Spanish upon request. Referrals to community liaisons proficient in the language of LEP persons Spanish-speaking liaisons are available upon request. D Public meetings conducted in multiple languages: Available upon request with two (2) days advance notice. Notices to recipients of the availability of LEP services: Included in translated notices. Other services: Signature - Chief Elected Official or Civil Rights Officer Date See also: MphwmimgawawAn.--weit 504 Discrimination based on Handicap and Grievance Section Policy against Procedures with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted In accordance of Housing and Urban Development, Section 504 of the programs and activities of the Department U.S.C. 794), and Section 109 of the Housing and Community Rehabilitation Act of 1973, as amended (29 of Linden hereby adopts the following Development Act of 1974, as amended (42 U.S.C. 5309), City policy and grievance procedures: No otherwise qualified individual with handicaps in the United States 1. Discrimination prohibited. be excluded from the participation in, be denied the shall, solely by reason of his or her handicap, receiving Federal benefits of, or be subjected to discrimination under any program or activity financial assistance from the Department of Housing and Urban Development (HUD). Linden does not discriminate on the basis of handicap in admission or access to, or 2. City of assisted and activities. treatment or employment in, its federally programs recruitment materials or publications shall include a statement of this policy in 1. 3. City of Linden's above. 4. City of Linden shall take continuing steps to notify participants, beneficiaries, applicants and including those with impaired vision or hearing, and unions or professional employees, or agreements with the recipients that it organizations holding collective bargaining professional does not discriminate on the basis of handicap in violation of 24 CFR Part 8. individuals eligible to be served or likely to be affected by the 5. For hearing and visually impaired that are with the information CDBG-MIT program, City of Linden shall ensure they provided necessary to understand and participate in the CDBG-MIT program. 6. Grievances and Complaints who believes she or he has been subjected to discrimination on the basis of a. Any person under this procedure. It is against the law for City of Linden to disability may file a grievance or in the investigation of a retaliate against anyone who files a grievance cooperates grievance. should be addressed to the Assistant City Administrator, 104 S Main St, Linden, b. Complaints 756-7502, who has been designated to coordinate Section 504 TX 75563 or call (903) compliance efforts. should be filed in writing or verbally, contain the name and address of the person C. A complaint and briefly describe the alleged violation of the regulations. filing it, should be filed within thirty (30) working days after the complainant becomes d. A complaint aware of the alleged violation. as may be appropriate, shall follow a filing of a complaint. The investigation e. An investigation, City Administrator. Informal but thorough investigations will will be conducted by the Assistant to submit afford all interested persons and their representatives, if any, an opportunity evidence relevant to a complaint. f. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Assistant City Administrator, and a copy forwarded to the complainant with fifteen (15) working days after the filing of the complaint where practicable. The Section 504 coordinator shall maintain the files and records of City of Linden relating to g. the complaint files. h. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the deterination/resolution as described in f. above. The request for reconsideration should be made to City of Linden within ten (10) working days after the receipt of the written detemination/esolution. . The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the U.S. Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. j. These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that City of Linden complies with Section 504 and HUD regulations. Wayne Fitts, Mayor Signature Date Code of Conduct Policy of City of Linden of CDBG-MIT contract City of Linden shall avoid, neutralize or mitigate actual or potential As a Grant Recipient a or the existence of conflicting roles that might conflicts of interest SO as to prevent an unfair competitive advantage impair the performance of the CDBG-MIT contract or impact the integrity of the procurement process. For procurement of goods and services, no employee, officer, or agent of City of Linden shall participate in the selection, award, or administration of a contract supported by CDBG-MIT funds if he or she has a real or apparent conflict of interest. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. No officer, employee, or agent of City of Linden shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub-agreements, except where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. Contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. officer, or elected or appointed official of the state, or of a unit of For all other cases, no employee; agent, consultant, CDBG-MIT general local government, or of any designated public agencies, or subrecipients which are receiving funds, that has any CDBG-MIT function/responsibilly, or is in a position to participate in a decision-making process or gain inside information, may obtain a financial interest or benefit from the CDBG-MIT activity. The conflict of interest restrictions and procurement requirements identified herein shall apply to a benefitting business, utility provider, or other third party entity that is receiving assistance, directly or indirectly, under a CDBG- MIT contract or award, or that is required to complete some or all work under the CDBG-MIT contract in order to meet the National Program Objective. including business, utility provider, or other third party entity that is receiving Any person or entity any under benefitting a CDBG-MIT contract or award, or that is required to complete some or all assistance, directly or indirectly, that receive work under the CDBG-MIT contract in order to meet a National Program Objective, might potentially benefits from CDBG-MIT awards may not participate in the selection, award, or administration of a contract supported by CDBG-MIT funding. alleged violations of these standards of conduct shall be referred to the City of Linden Attorney. Where violations Any to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not appear limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution. Wayne Fitts, Mayor Signature Date These procedures are intended to serve as, guidelines for the procurement ofs supplies, equipment, construction services conflict and of professional interest Block Grant - Mitigation (CDBG-MIT). The regulations related to and services for the Community Development Texas Government Code Chapter 573, Texas Local Government Code Chapter 171, Uniform Grant nepotism may be found at the 24 CFR and 2 CFR. 200.318 Management Standards by Texas Comptroller, 570.489(g) &(h), Fair Housing Policy In accordance with Fair Housing Act, City of Linden hereby adopts the following policy with respect to the Affirmatively Furthering Fair Housing: 1. City of Linden agrees to affirmatively further fair housing choice for all seven protected classes (race, color, religion, sex, disability, familial status, and national origin). 2. City of Linden agrees to plan at least one activity during the contract term to affirmatively further fair housing. 3. City of Linden will introduce and pass a resolution adopting this policy. As officers and representatives of City of Linden, we the undersigned have read and fully agree to this plan and become a party to the full implementation of this program. Wayne Fitts, Mayor Signature Date SECTION 3 POLICY In accordance with 12 U.S.C. 1701u, (Section 3), City of Linden agrees to implement the following steps, which, to the greatest extent feasible, will provide job training, employment and contracting opportunities for Section 3 residents and Section 3 businesses of the areas in which the program/project is being carried out. A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and contracting for Section 3 residents and businesses. B. Assign duties related to implementation of this plan to the designated Section 3 Coordinator. C. Notify Section 3 residents and business concerns of potential new employment and contracting opportunities as they are triggered by CDBG-MIT grant awards through the use of: Public Hearings and related advertisements; public notices; bidding advertisements and bid documents; notification to local business organizations such as the Chamber(s) of Commerce or the Urban League; local advertising media including public signage; project area committees and citizen advisory boards; local HUD offices; regional planning agencies; and all other appropriate referral sources. Include Section 3 clauses in all covered solicitations and contracts. D. Maintain a list of those businesses that have identified themselves as Section 3 businesses for utilization in CDBG-MIT funded procurements, notify those businesses of pending contractual opportunities, and make this list available for general Grant Recipient procurement needs. E. Maintain a list ofthose persons who have identified themselves as Section 3 residents and contact those persons when hiring/training opportunities are available through either the Grant Recipient or contractors. F. Require that all Prime contractors and subcontractors with contracts over $100,000 commit to this plan as part of their contract work. Monitor the contractors' performance with respect to meeting Section 3 requirements and require that they submit reports as may be required by HUD or GLO to the Grant Recipient. G. Submit reports as required by HUD or GLO regarding contracting with Section 3 businesses and/or employment as they occur; and submit reports within 20 days of federal fiscal year end (by October 20) which identify and quantify Section 3 businesses and employees. H. Maintain records, including copies of correspondence, memoranda, etc., which document all actions taken to comply with Section 3 regulations. As officers and representatives of the City of Linden, we the undersigned have read and fully agree to this plan and become a party to the full implementation of this program. Wayne Fitts, Mayor Signature Date