SPECIAL CALLED CITY COUNCIL MEETING

SPECIAL CALLED CITY COUNCIL MEETING - Jun 23 2026 Agenda Tuesday, June 23, 2026 at 6:00 PM FERRIS HISTORIC SCOUT HOUSE 514 S MABLE STREET, FERRIS, TEXAS 75125 Page 1. COUNCIL BUSINESS A. Call to Order & Establish the Presence of a Quorum “Welcome to the City Council meeting for the City of Ferris, where our mission is to, ‘set the standard for a high-performing, responsive government’. We are one team, committed to a culture that is Distinct by Design. We will now establish the presence of a quorum. Seeing all members are present, a quorum is present.” B. Invocation C. Pledge of Allegiance to the American and Texas Flag. US Pledge of Allegiance: "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." Texas Pledge of Allegiance: "Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. CONSENT AGENDA- CITY COUNCIL A. Meeting minutes All matters listed under Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. Approval of the Consent Agenda authorizes the Mayor/City Manager to execute all matters necessary to implement each item. Any item may be removed from the Consent Agenda for separate discussion and consideration by any member of the City Council. B. EOM Financial Report C. Approval of consent agenda 3. PUBLIC COMMENT We have designated a portion of our meeting to hear from members of our community. This Page 1 of 23  is not a forum for complaints. The City of Ferris has procedures for hearing complaints and those should be exhausted with City Staff. The City Council is a policy making body and does not adminster the day-to-day activity of the City. This is a posted public meeting of the City Council and not a meeting of the public. In accordance with the Texas Open Meetings Act, all meetings are open to the public and media. The Council may hear some matters in executive session; however, any decision must be performed in an open meeting. In addition, we are not permitted to discuss items not posted on the agenda. Non-posted items may be considered for a future meeting. No presentation shall exceed 3 minutes and delegations of five or more persons shall appoint one person to present their views. You are respectfully reminded to address the Council Members and not the audience during your presentation. The speaker should identify his or her name and residential address, group affiliation (if any), and make a brief presentation with an identified solution if one is sought. Total time allocation for Public Comments is fifteen minutes. Inquiries regarding matters not listed on the Agenda may be referred to Staff for research and possible future action. 4. CITY COUNCIL - NEW BUSINESS A. Item that requires vote. I make a motion to approve the item that requires a vote, as presented. B. Consider a resolution adopting a public camping, encampment, and public 5 property response policy; confirming the City's intent to enforce applicable State Law and local ordinances in a manner consistent with public safety, property rights, health and sanitation, due process, and service referral where responsibly available; and authorizing the City Manager to implement administrative procedures for notice, documentation, coordination, cleanup, property handling, and interagency communication. (Presenter: Brooks Williams) Ferris_Revised_Draft_Resolution_Public_Camping_Code.pdf I make a motion to approve the resolution adopting the City's public camping, encampment, and public property response policy and authorizing the City Manager to implement the related administrative procedures. D. Consider an Ordinance amending Chapter 95, "Streets and Sidewalks," of the 8 Ferris Code of Ordinances by adding Section 95.04, "Public Camping and Encampment Regulations," to regulate camping, encampments, storage of personal property, obstructions, and public health and safety hazards on public property and public right-of-way; providing that the Ordinance is intended to supplement, and not repeal or replace, existing City Ordinances; providing a penalty; providing a savings clause; providing a severability clause; and providing an effective date. (Presenter: Brooks Williams) Ferris_Revised_Draft_Ordinance_Public_Camping.pdf I make a motion to approve the ordinance amending Chapter 95 of the Ferris Code of Ordinances by adding Section 95.04, Public Camping and Encampment Regulations, as presented. C. Consider a Resolution authorizing the City Manager or Deputy City Manager (CFO) to negotiate and execute an agreement through The Interlocal Purchasing System, known as Page 2 of 23  TIPS, with the selected TIPS cooperative purchasing vendor for the reconstruction of Wolf Springs Road from Birch Road to Ferris High School east entrance, and N Birch Road from E 5th Street to Wolf Springs Rd, in an amount not to exceed $1,900,000.00. (Presenter: Daniel Acevedo, Martin Donk, and Brooks Williams) I make a motion to approve the resolution, as presented. E. Consider and approve an MOU by and between the Texas Division of Emergency 14 Management and Texas Emergency Management Assistance Teams and the City of Ferris. TEMAT MOU_Final.pdf I make a motion to approve the MOU, as presented. 5. EXECUTIVE SESSION A. Texas Government Code § 551.071: Consultation with Attorney regarding legal issues arising from current or pending matters requiring confidential legal advice from the City Attorney. Announcement by the presiding officer that the City Council will adjourn into closed executive session as allowed by Section 551.071, Consultation with Attorney, of the Texas Government Code. Such closed meetings may be held only for the purpose of discussion and no action may be taken or votes cast to reach a decision by the City Council until the City Council has reconvened into open public session. B. Texas Government Code § 551.072: Deliberation Regarding Real Property to deliberate the value, lease, or potential exchange of real property, if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Announcement by the presiding officer that the City Council will adjourn into closed executive session as allowed by Section 551.072, Deliberations about Real Property, of the Texas Government Code. A Government Body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property, if deliberation in an open meeting would have detrimental effect on the position of the government body in negotiations with a third person. C. Texas Government Code § 551.074: Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, or dismissal of a public officer or employee, including discussion of related personnel matters. Announcement by the presiding officer that the City Council will adjourn into closed executive session as allowed by Section 551.074, Personnel Matters, of the Texas Government Code. A governmental body may conduct a closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a city officer or employee, or to hear complaints or charges against such officer or employee, unless such officer or employee request a public hearing. D. Texas Government Code § 551.087: Economic Development Negotiations to discuss or deliberate the offer of a financial or other incentive to a business prospect with which the City is conducting negotiations, relating to property located within the City of Ferris. Announcement by the presiding officer that the City Council will adjourn into closed Page 3 of 23  executive session as allowed by Section 551.087, Deliberations Regarding Economic Development Negotiations, of the Texas Government Code. A Government Body may conduct a closed meeting to discuss or deliberate regarding commercial or financial information that the government body seeks to have locate, stay, or expand in or near the territory of the government body with which the government body is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. E. Adjourn the public meeting F. Conduct Executive Session G. Reconvene into open session H. Action as a result of Executive Session. 6. CLOSING A. Adjourn Page 4 of 23  CITY OF FERRIS, TEXAS RESOLUTION NO. R-26-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS, ADOPTING A PUBLIC CAMPING, ENCAMPMENT, BRIDGE, RIGHT-OF-WAY, PUBLIC PROPERTY, SERVICE-REFERRAL, AND CLEANUP POLICY; CONFIRMING THAT EXISTING FERRIS CODE PROVISIONS REMAIN IN EFFECT; DIRECTING STAFF TO USE EXISTING CHAPTER 111 FOR ROADWAY-SOLICITATION MATTERS; DIRECTING THE CITY MANAGER TO IMPLEMENT ADMINISTRATIVE PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ferris has an interest in protecting public health, public safety, sanitation, drainage, bridges, rights-of-way, sidewalks, streets, parks, public facilities, public property, and persons who may be living in unsafe conditions; and WHEREAS, the published Ferris Code of Ordinances contains existing provisions addressing right-of-way obstructions, park activities, public property regulations, right-of-way management, solicitation, roadway solicitation, and street-soliciting harassment; and WHEREAS, the City Council does not desire to repeal, replace, or duplicate existing ordinances when existing provisions already address the subject matter; and WHEREAS, the City Council desires to provide clear policy direction for staff response to public camping and encampment conditions while preserving lawful discretion, service referral, documentation, and humane property-handling procedures; and WHEREAS, the City Council finds that the policy adopted by this Resolution is cumulative of existing City Code provisions and state law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS: SECTION 1. Findings. The findings and recitals set forth above are adopted and incorporated as part of this Resolution. SECTION 2. Code Cross-Reference and Non-Duplication Policy. 1. The City Council confirms that current Ferris Code provisions remain in effect and are not repealed, replaced, or superseded by this policy. 2. Ferris Code Section 92.01 should remain available for right-of-way obstruction, visibility, hazard, vegetation, and unsightly-matter issues. 3. Ferris Code Section 94.15 should remain available for Muntz Baseball Complex rules and prohibited activities. 4. Ferris Code Section 95.03 should remain available for public property regulations, including obstructions, structures, articles, debris, and hazards on public property, public ways, alleys, streets, sidewalks, and parks. 5. Ferris Code Chapter 96 should remain available for right-of-way management and related right-of-way use and construction issues. City of Ferris - Draft Resolution - Code Cross-Referenced Page 5 of 23 6. Ferris Code Chapter 111 should remain the City's local framework for solicitation, roadway solicitation, vendor stands, solicitation restrictions, and street-soliciting harassment. Staff should not use a new public camping ordinance as a substitute for Chapter 111 unless camping or encampment conduct is also present. 7. A public camping and encampment ordinance should be limited to camping, encampments, shelter structures, storage connected with living accommodation, sanitation, fire, drainage, public property, and cleanup issues not fully addressed by the existing provisions listed above. SECTION 3. Public Camping and Encampment Response Policy. 1. The City will respond to public camping and encampments as conduct-based public health, safety, public property, public right-of-way, sanitation, drainage, and infrastructure issues. 2. The City will not target a person based solely on housing status, poverty, viewpoint, request for assistance, or protected characteristic. 3. When no imminent threat exists, the City should seek voluntary compliance through notice, explanation, service information when practical, and coordinated cleanup scheduling. 4. When an imminent health or safety threat exists, the City may act more quickly to protect life, property, public infrastructure, traffic safety, drainage, and emergency access. 5. The City should preserve recoverable personal property in a reasonable manner and may immediately dispose of refuse, biohazards, contraband, hazardous materials, contaminated items, and abandoned or unsafe items. 6. For encampments under bridges, near state highways, in service-road areas, or in state- controlled rights-of-way, the City should coordinate with TxDOT, DPS, and other appropriate agencies when practical. 7. The City may use officer discretion, code enforcement discretion, municipal court diversion, service referral, warnings, citations, cleanup, abatement, trespass enforcement, or other lawful tools depending on the facts. SECTION 4. Administrative SOP. The City Council directs the City Manager or designee to maintain an administrative standard operating procedure for public camping, encampment, bridge, right-of-way, public property, personal-property, service-referral, and cleanup response. The SOP should include documentation, ownership verification, notice, service-resource information, property handling, TxDOT coordination, safety assessment, cleanup, and post-action recordkeeping. SECTION 5. No Designated Camping Area Without State Approval. The City shall not designate City property to be used by homeless individuals for camping unless the City Council separately authorizes that action and any required Texas Department of Housing and Community Affairs approval has been obtained under Texas Government Code Chapter 2306, Subchapter PP and related rules. SECTION 6. City Attorney Review. Before final adoption of any ordinance implementing this policy, the City Attorney should verify the official City Code and any ordinances adopted after the most recent published supplement to confirm that the proposed ordinance remains cumulative and non-duplicative. City of Ferris - Draft Resolution - Code Cross-Referenced Page 6 of 23 SECTION 7. Effective Date. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Ferris, Texas, on this ____ day of ____________________, 2026. APPROVED: ____________________________________ Fred C. Pontley Mayor ATTEST: ____________________________________ Krystina Rodriguez City Secretary City of Ferris - Draft Resolution - Code Cross-Referenced Page 7 of 23  CITY OF FERRIS, TEXAS ORDINANCE NO. O-26-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS, AMENDING TITLE IX, "GENERAL REGULATIONS," CHAPTER 95, "STREETS AND SIDEWALKS," OF THE CITY OF FERRIS CODE OF ORDINANCES BY ADDING SECTION 95.04, "PUBLIC CAMPING AND ENCAMPMENT REGULATIONS"; PROVIDING FINDINGS; PROVIDING THAT THIS ORDINANCE SUPPLEMENTS AND DOES NOT REPEAL OR REPLACE EXISTING CITY CODE PROVISIONS, INCLUDING SECTIONS 92.01, 94.15, 95.03, CHAPTER 96, AND CHAPTER 111; PROVIDING PENALTIES; PROVIDING CUMULATIVE REMEDIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ferris, Texas (the "City") is a Texas municipality authorized to protect public health, safety, welfare, public property, public rights-of-way, drainage facilities, parks, streets, sidewalks, and other public places; and WHEREAS, the currently published Ferris Code of Ordinances already contains provisions related to right-of-way obstructions, public property regulations, park rules, right-of-way management, and peddlers and solicitors; and WHEREAS, Ferris Code Section 95.03 regulates obstructions, structures, articles, debris, and hazards on public property, ways, alleys, streets, sidewalks, and parks, but does not establish a specific public camping and encampment procedure; and WHEREAS, Ferris Code Chapter 111 already regulates solicitation, including prohibited solicitation locations and conduct, solicitation directed to occupants of vehicles on public roadways, solicitation restrictions, and street-soliciting harassment; and WHEREAS, the City Council does not intend to create a duplicate roadway-solicitation ordinance or to repeal, replace, or weaken any existing Ferris Code provision; and WHEREAS, Texas Penal Code Section 48.05 establishes a statewide prohibited-camping offense and recognizes local authority to adopt and enforce camping regulations in public places; and WHEREAS, Texas Local Government Code Chapter 364 prohibits a local entity from adopting or enforcing a policy that prohibits or discourages enforcement of a public camping ban, while preserving lawful discretion, diversion, service referral, and case-by-case response; and WHEREAS, Texas Government Code Chapter 2306, Subchapter PP requires Texas Department of Housing and Community Affairs approval before a political subdivision designates property to be used by homeless individuals for camping; and WHEREAS, the United States Supreme Court held in City of Grants Pass v. Johnson, 603 U.S. ____ (2024), that enforcement of generally applicable laws regulating camping on public property does not, without more, constitute cruel and unusual punishment under the Eighth Amendment; and City of Ferris - Draft Ordinance - Code Cross-Referenced Page 8 of 23  WHEREAS, the City Council finds that public camping and encampments may create conditions involving fire risk, sanitation hazards, drainage obstruction, bridge and traffic safety concerns, obstruction of public property, damage to public infrastructure, accumulation of refuse, and threats to the health and safety of affected persons and the public; and WHEREAS, the City Council finds that the following amendment is status-neutral, conduct-based, content-neutral, cumulative of existing law, and intended to provide a clear local procedure for addressing unauthorized public camping and encampments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS: SECTION 1. Findings. The findings and recitals set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Amendment to Chapter 95. Title IX, Chapter 95 of the City of Ferris Code of Ordinances is amended by adding a new Section 95.04 to read as follows: § 95.04 PUBLIC CAMPING AND ENCAMPMENT REGULATIONS. (A) Purpose; existing code provisions preserved. (1) The purpose of this section is to protect public health, safety, sanitation, drainage, pedestrian access, roadway safety, parks, public facilities, bridges, rights-of-way, and other public places by regulating unauthorized public camping and encampments. (2) This section supplements and is cumulative of all existing City Code provisions and state law. Existing provisions remain in full force, including, without limitation, Chapter 92, Section 92.01; Chapter 94, Section 94.15; Chapter 95, Sections 95.01 through 95.03; Chapter 96; Chapter 111; Title VII; Chapter 130; Texas Penal Code Sections 42.03 and 48.05; and Texas Transportation Code Section 552.007. (3) This section does not repeal, replace, supersede, or duplicate any existing Ferris ordinance. Matters involving roadway solicitation, peddling, vendor stands, solicitation directed to occupants of vehicles, or street-soliciting harassment should be addressed under existing Chapter 111 and applicable state law unless the facts also establish a violation of this section. (4) This section shall be interpreted in harmony with existing City Code provisions. If a direct conflict is finally determined by a court of competent jurisdiction or by the City Attorney, the provisions shall be harmonized to the greatest lawful extent and all unaffected provisions shall remain in full force and effect. (B) Definitions. (Camp) means to reside temporarily in a place with shelter. The term includes conduct and evidence of conduct described by Texas Penal Code Section 48.05, as amended. (Encampment) means one or more tents, tarps, lean-tos, bedding arrangements, makeshift shelters, sleeping bags, bedrolls, blankets, cooking equipment, stored personal belongings, or other items used or arranged to facilitate camping or sustained living accommodation in a public place. City of Ferris - Draft Ordinance - Code Cross-Referenced Page 9 of 23 (Effective consent) means consent given by the officer, official, agency, department, or governmental entity having the legal duty or authority to manage the public place, and only to the extent lawful under Texas Penal Code Section 48.05 and any other applicable law. (Imminent health or safety threat) means a condition that presents an immediate or substantial risk of injury, fire, traffic hazard, exposure to hazardous material, biohazard, obstruction of emergency access, structural or bridge danger, drainage hazard, violence, exploitation, or other serious threat to a person or to the public. (Public place) means any place to which the public or a substantial group of the public has access, including streets, highways, sidewalks, parks, public ways, alleys, public property, public facilities, drainage areas, public rights-of-way, and property owned, leased, maintained, managed, or controlled by the City or another governmental entity. (Recoverable personal property) means personal property that is reasonably identifiable as belonging to a person, is not contraband, is not abandoned, is not refuse, and does not pose a health or safety hazard. (Refuse) means garbage, spoiled food, human or animal waste, hazardous or contaminated materials, needles or sharps, items that are infested, water-damaged or soiled beyond safe handling, broken or unusable materials, and items that reasonably appear to have been discarded or abandoned. (Shelter) has the meaning assigned by Texas Penal Code Section 48.05 and includes a tent, tarpaulin, lean-to, sleeping bag, bedroll, blanket, or any form of temporary, semipermanent, or permanent shelter, other than clothing or a handheld device, designed to protect a person from weather conditions that threaten personal health and safety. (C) Prohibited conduct. (1) A person commits an offense if the person intentionally or knowingly camps in a public place without effective consent of the officer, official, agency, department, or governmental entity having legal duty or authority to manage the public place. (2) A person commits an offense if the person establishes, maintains, occupies, or participates in maintaining an encampment in a public place without effective consent. (3) A person commits an offense if, in connection with camping or an encampment in a public place, the person obstructs a street, sidewalk, alley, public way, drainage facility, bridge, culvert, driveway, entrance, exit, emergency access point, utility facility, or area necessary for public use, maintenance, inspection, or emergency response. (4) A person commits an offense if, in connection with camping or an encampment in a public place, the person makes or maintains an open fire, stores combustible material in a manner that creates a fire risk, digs, damages vegetation or infrastructure, deposits waste, stores personal belongings for an extended period, or creates or maintains a sanitation, drainage, traffic, fire, or public health hazard. (5) Each day that a violation continues constitutes a separate offense, except where prohibited by state law. (D) Exceptions and protected activity. City of Ferris - Draft Ordinance - Code Cross-Referenced Page 10 of 23 (1) This section does not prohibit sitting, resting, sleeping, standing, lawful assembly, lawful expression, or passive requests for assistance that do not involve camping, encampment activity, obstruction, trespass, unsafe roadway conduct, or another violation of law. (2) This section does not apply to camping expressly authorized by permit, written agreement, City-sponsored activity, emergency management direction, disaster sheltering, recreational use lawfully authorized by the City, or an approved plan under Texas Government Code Chapter 2306, Subchapter PP. (3) This section does not prohibit a person from carrying personal belongings through a public place or temporarily possessing personal property while lawfully using a public place. (E) Notice, service referral, and enforcement discretion. (1) When no imminent health or safety threat exists, City personnel should make reasonable efforts to provide notice to vacate or remove an encampment before cleanup or enforcement, using a written notice, verbal notice, posted notice, or other method reasonably suited to the circumstances. (2) Before or at the time a citation is issued under this section or Texas Penal Code Section 48.05, a peace officer should make the reasonable efforts required by state law to advise the person of an available lawful alternative place to camp, if any, and to contact an appropriate City, county, state, nonprofit, mental health, veterans, domestic violence, human trafficking, or other service resource when reasonable and appropriate. (3) Notice and referral steps may be shortened or omitted when an imminent health or safety threat exists, when compliance is impracticable, when property is abandoned, when the person refuses to identify or engage, or when immediate action is necessary to protect public health, safety, property, or infrastructure. (4) Nothing in this section limits officer discretion, prosecutorial discretion, municipal court diversion, referral to services, voluntary compliance, trespass enforcement, warrant enforcement, emergency detention procedures, or other lawful remedies. (F) Personal property. (1) The City shall handle recoverable personal property in a reasonable manner consistent with state law, constitutional requirements, and any administrative procedure approved by the City Manager. (2) When a person is arrested or detained solely for prohibited camping, non-contraband personal property shall be preserved by allowing the person to remove the property, or by taking custody of the property and allowing retrieval after release, as required by Texas Penal Code Section 48.05. (3) The City may immediately dispose of refuse, biohazards, contraband, hazardous items, contaminated materials, items that present an immediate health or safety risk, and items reasonably determined to be abandoned, valueless, or unsafe to store. (4) The City Manager or designee may establish inventory, storage, retrieval, disposal, documentation, and notice procedures for recoverable personal property. (G) Coordination with other governmental entities and property owners. City of Ferris - Draft Ordinance - Code Cross-Referenced Page 11 of 23 (1) Before cleanup or enforcement on property not owned, leased, maintained, managed, or controlled by the City, City personnel should confirm property control and coordinate with the owner or managing governmental entity when practical. (2) Encampments under or near state highways, bridges, service roads, drainage areas, or state rights-of-way should be coordinated with the Texas Department of Transportation, the Texas Department of Public Safety, and other appropriate agencies as needed. (3) Nothing in this section authorizes camping on property owned or managed by another governmental entity unless effective consent has been lawfully given by the entity with authority to manage that property. (H) Penalty and remedies. (1) A violation of this section is punishable by a fine not to exceed $500 unless a different maximum penalty is required by state law. (2) The City may seek voluntary compliance, issue warnings, issue citations, remove or abate encampments, recover costs when authorized by law, seek civil or equitable relief, pursue criminal enforcement, or use any other lawful remedy. (3) Remedies under this section are cumulative and do not limit enforcement of any other City Code provision or state law. (I) Administrative procedures. (1) The City Manager or designee may adopt administrative procedures, forms, notices, property-handling protocols, service-resource lists, interdepartmental coordination procedures, and cleanup procedures to implement this section. (2) Administrative procedures shall be consistent with this section, existing City Code provisions, state law, federal law, and City Attorney guidance. (J) Nondiscrimination. This section shall be enforced in a neutral and nondiscriminatory manner. Enforcement shall be based on conduct and location, not on a person's housing status, poverty, viewpoint, request for assistance, or protected characteristic. SECTION 3. Cross-References; No Repeal or Replacement. The City Council expressly finds that this Ordinance is intended to supplement existing Ferris Code provisions and state law. No current Ferris ordinance is repealed, replaced, or superseded by this Ordinance. The City Secretary and codifier are authorized to add cross-references and conforming references to existing Sections 92.01, 94.15, 95.03, Chapter 96, and Chapter 111, as appropriate, without changing the substantive effect of this Ordinance. SECTION 4. Savings. All rights, remedies, penalties, violations, proceedings, and obligations existing before the effective date of this Ordinance are preserved. This Ordinance shall not affect any pending enforcement action, prosecution, abatement, claim, or remedy arising under existing law. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word, or application of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, the remaining portions and City of Ferris - Draft Ordinance - Code Cross-Referenced Page 12 of 23 applications shall remain in full force and effect, and the City Council declares that it would have adopted the remaining portions independently of the invalid portion or application. SECTION 6. Codification. The City Secretary and codifier are authorized to codify this Ordinance in the City Code, assign section numbers, correct non-substantive typographical errors, and make non-substantive formatting changes necessary for publication in the Code of Ordinances. SECTION 7. Publication and Effective Date. This Ordinance shall take effect immediately from and after its passage and publication of the caption as required by law. DULY PASSED AND APPROVED by the City Council of the City of Ferris, Texas, on this ____ day of ____________________, 2026. APPROVED: ____________________________________ Fred C. Pontley Mayor ATTEST: ____________________________________ Krystina Rodriguez City Secretary City of Ferris - Draft Ordinance - Code Cross-Referenced Page 13 of 23  Memorandum of Understanding Between Texas Division of Emergency Management and Texas Emergency Management Assistance Teams Participating Jurisdiction/Employer This memorandum of understanding (“TEMAT MOU”) becomes effective as of the date of final signature, by and between the Texas Division of Emergency Management (“TDEM”), a member of The Texas A&M University System (“A&M System”) and an agency of the State of Texas, and the Texas Emergency Management Assistance Teams (“TEMAT”) participating jurisdiction/employer ______________________________________ (“Jurisdiction”). I. PURPOSE In accordance with Texas Government Code Chapter 418, Subchapter E-1 Texas Statewide Mutual Aid System, and the State of Texas Emergency Management Plan, this TEMAT MOU delineates responsibilities and procedures for TEMAT activities. TDEM’s authority is provided through the State of Texas to activate state resources for the purposes of TEMAT Programs. TEMAT Programs include and are administered by the state agencies listed below: TEMAT Program State Agency Program Program Summary Administrator Incident Support Task Texas Division of Emergency Provides support through Force (ISTF) Management (TDEM) multiple areas of expertise throughout response and recovery initiatives Public Works Response Texas A&M Engineering Provides support for Team (PWRT) Extension Service (TEEX) critical infrastructure systems Texas A&M Task Force Texas A&M Engineering Provides search and rescue 1 (TX-TF1) Extension Service (TEEX) support through Texas A&M Task Force 1, Texas Task Force 2, and Texas A&M Task Force 3 State of Texas Incident Texas Division of Emergency Provides position specific Management Team Management (TDEM) personnel to assist in (IMT) emergency operations Texas Intrastate Fire Texas A&M Forest Service Provides wildland and fire Mutual Aid System (TFS) department support (TIFMAS) Statewide TEMAT MOU Final Draft 4.13.25 Page 1 of 10 Page 14 of 23 II. SCOPE The provisions of this memorandum of understanding apply to TEMAT activities performed at the request of TDEM at the option of the participating Jurisdiction. These activities may be in conjunction with, or in preparation of, a local, state or federal declaration of disaster. The scope of this TEMAT MOU also includes training activities sponsored by the state, TDEM, the Jurisdiction, and the Program Administrators to maintain TEMAT operational readiness. III. PERIOD OF PERFORMANCE This TEMAT MOU commences on the date of the last signature and continues for a period of five (5) years unless terminated earlier in accordance with the terms of this TEMAT MOU. IV. DEFINITIONS A. Affiliated Member: A TEMAT Member that is associated with a Jurisdiction or participating agency for purposes of this agreement. B. Backfill: The assignment of personnel by a participating Jurisdiction to meet their minimum level of staffing to replace a deployed TEMAT Member. C. Incident Support Task Force: The division of TDEM is responsible for maintaining all TEMAT program information to include but not limited to this TEMAT MOU and the ISTF Program Guide. D. Jurisdiction: A TEMAT Member’s employer, which, by the execution of this TEMAT MOU, has provided official approval of their employee’s membership involvement with TEMAT. E. Member: An employee of a Jurisdiction who has been formally accepted into a TEMAT Program and is in compliance with all program requirements (for both TEMAT overall and specific requirements for the program(s) for which they are a Member). For clarification, the lower-case use of “member” within this agreement, refers to a A&M System member. F. PIV-I: Personal Identification Verification Interoperability card should be issued to all first responders. G. Program: One of the TEMAT Programs listed in the above table and administered by a Texas state agency to provide assistance during an emergency event or disaster. H. Program Administrator: Designated State agency representative participating in the program or administering the program on behalf of the state. Statewide TEMAT MOU Final Draft 4.13.25 Page 2 of 10 Page 15 of 23  I. Red Card: A National Wildfire Coordinating Group (NWCG) "Red Card" is a credential issued to wildland firefighters that verifies their qualifications and training for specific wildland fire positions. J. State Mutual Aid Reimbursement Guide: A living document explaining how TDEM will reimburse local responding entities, state agencies, and other entities for accepting and responding to state-assigned mutual aid missions. K. TEMAT: Any response team administered by a state Jurisdiction of Texas to provide response assistance to local Jurisdictions or the state of Texas. L. TEMAT Training and Exercises – Jurisdiction Sponsored: Training and/or exercises performed at the direction, control, expense, and funding of a participating Jurisdiction in order to develop and maintain capabilities of the Member and TEMAT. M. TEMAT Training and Exercises – State or Administrator Sponsored: Training and/or exercises performed at the direction, control, expense, and funding of the state or Program Administrator. N. Unaffiliated Member: An approved Member of the Incident Support Task Force that is not currently employed by a government entity. V. RESPONSIBILITIES A. TDEM shall be responsible for the following: 1. Provide and maintain administrative and personnel management guidelines and procedures related to TEMAT and this TEMAT MOU. 2. Maintain, in coordination with Program Administrators, programmatic guidance to provide standard operating procedures that are current and readily available to Program Administrators, Jurisdictions, and Members. 3. Provide training to Members. Training shall be consistent with the objectives of the TEMAT Program overall to include but not limited to State Operations Center functions, financial reimbursement, and other training. 4. Work with Program Administrators to ensure all administrative, fiscal, and personnel management guidelines are consistent across all TEMAT Programs. 5. Provide coordination between Program Administrators, other relevant governmental and private entities, Jurisdiction, and Member. 6. Maintain overall TEMAT contact list for all Jurisdictions and Members. Statewide TEMAT MOU Final Draft 4.13.25 Page 3 of 10 Page 16 of 23  B. The TDEM shall ensure that the Program Administrator(s) will do the following: 1. Recruit and manage Members for their specific program according to guidelines outlined in the program-specific guidance manual. 2. Produce related portion of the program-specific guidance manual to provide standard operating procedures that are current and readily available to Members. 3. Provide and maintain qualifications, training, and operational guidelines and procedures related to the TEMAT Program they administer. 4. Provide upon approval of membership and then collect upon separation from the program equipment, uniforms, and identification issued on behalf of TEMAT. 5. Provide training for Members. Training must be consistent with the objectives of developing, increasing, and maintaining individual skills necessary to maintain operational readiness related to emergency management response. 6. Develop, implement, and exercise an internal notification and call-out system for Members. 7. Provide coordination between the state, other governmental and private entities, participating agency/employer, and Member, notify Jurisdictions or program Members of the need for activation. 8. Maintain and submit, annually, a primary contact list for their respective program, for all Jurisdictions and Members, to the state. 9. Maintain personnel files on all Members of administered programs for the purpose of documenting training records, qualifications, emergency notification, and other documentation as required by the state and Program Administrators. 10. Ensure the issuance of PIV-I to each Member through coordination with TDEM. If removed from team, then the PIV-I should be retrieved and revoked immediately. Program Administrator(s) should retrieve the PIV-I and notify TDEM for immediate revocation. 11. Program Administrator, TEEX, will reimburse Jurisdiction for Urban Search and Rescue (US&R), Public Works Response and sponsored training activities related to this TEMAT MOU under the authority of the State of Texas Emergency Management Plan, the Robert T. Stafford Disaster Relief and Emergency Act, Public law 93‐288, as amended 42 U.S.C. 5121, et seq., and Title 44 CFR Part 208 – National Urban Search and Rescue Response System. Statewide TEMAT MOU Final Draft 4.13.25 Page 4 of 10 Page 17 of 23  12. All reimbursement requests pursuant to this section shall follow program specific guidelines included in the TEEX Deployment Reimbursement Manual and the State Mutual Aid Reimbursement Guide. C. The Jurisdiction shall: 1. Determine which TEMAT Programs the Jurisdiction will support by providing Members and being able to respond as requested by TDEM and Program Administrators. 2. Upon signature, the Jurisdiction will submit a roster within fourteen (14) calendar days of final signature to TDEM and Program Administrators. Maintain a roster of all its personnel participating in TEMAT activities and submit an update annually. The roster shall include all current Red Card qualifications for each Member when applicable. 3. Provide a primary point of contact to TDEM and Program Administrators for the purpose of notification of TEMAT activities and for administrative activities. 4. Provide administrative support to employee Members of TEMAT, e.g., time off when fiscally reasonable to do so for TEMAT activities such as training, meetings, and actual deployments. 5. Ensure all reimbursement claims meet the requirements of the State Mutual Aid Reimbursement Guide. 6. Upon notification by TDEM, the Jurisdiction will determine which Members within Jurisdiction are qualified and available for deployment. Jurisdiction determines which qualified Members deploy. D. The Jurisdiction shall ensure the Member(s): 1. Perform duties, as required by their membership in a TEMAT program, when requested and deployed by TEMAT. 2. Maintain knowledge, skills, and abilities necessary to operate safely and effectively in the assigned position and conduct themselves in accordance with the program-specific guidance manual. 3. Advise the Program Administrator of any change in the notification process, i.e., address, change of employment, or phone number changes. 4. Update their membership profile through their Program Administrator or their online portal with any updated qualifications, rate of pay change, or position change as they occur and verify accuracy annually. Statewide TEMAT MOU Final Draft 4.13.25 Page 5 of 10 Page 18 of 23  5. Maintain, for deployment, all equipment issued by the TEMAT program and advise Program Administrator of any lost, stolen, or damaged items assigned to Member. 6. Keep the Jurisdiction advised of TEMAT activities that may require time off from work. 7. Be prepared to operate in a disaster environment, which may include living and working in austere conditions. 8. During any period in which TEMAT is activated by TDEM or during any TEMAT sponsored or sanctioned training, Member shall be acting as a representative of the State of Texas. 9. Ensure that staff approved for membership by Jurisdiction meet the program requirements and experience level with his/her position on each TEMAT program in accordance with the program-specific guidance manual. VI. QUALIFICATIONS, TRAINING, AND EXERCISES A. TEMAT Training and Exercises – Jurisdiction Sponsored: Periodically, Members will be requested and/or invited to attend local TEMAT- sponsored training or exercises. Local Jurisdiction-sponsored training or exercises shall be performed at the direction, control, expense, and funding of the local Jurisdiction in order to develop the technical skills of Members. TEMAT Training and Exercises – State or Program Administrator Sponsored: Periodically, Members will be invited to attend state TEMAT training and/or exercises, and when these training and/or exercises are required, Jurisdiction shall ensure Member attends such. These trainings and exercises shall be performed at the direction, control, expense, and funding of the state which may include being administered through a Program Administrator in order to develop and maintain the incident support capabilities of the TEMAT. For state or Program Administrator sponsored training or exercises, the Jurisdiction shall coordinate with TDEM and/or Program Administrators, prior to the event, to receive written authorization prior to such an event. B. Minimum Qualification and Training Requirements Jurisdiction should allow Members appropriate time to maintain the qualifications required for each position Member fills in the TEMAT Program. Jurisdiction should ensure Members can attend available TEMAT training and exercise opportunities provided for the assigned TEMAT position to ensure the maintenance of position qualifications. Jurisdiction understands that failure for Statewide TEMAT MOU Final Draft 4.13.25 Page 6 of 10 Page 19 of 23  Jurisdiction to ensure Members attend or maintain qualifications may result in dismissal from the TEMAT Program when qualifications are no longer valid. VII. ADMINISTRATIVE, FINANCIAL, AND PERSONNEL MANAGEMENT A. Reimbursement of Administrators/Jurisdiction 1. All guidelines and procedures for requesting reimbursement shall be pursuant to the State Mutual Aid Reimbursement Guide. 2. All financial commitments herein are made subject to the availability of funds from the State of Texas. VIII. Liability and Workers’ Compensation for State Activation/And Training A. During any period in which a program under TEMAT is activated by the State of Texas, or during any TEMAT sanctioned training, Members who are not employees of A&M System or another agency of the State o f T e x a s will be considered to be in the course and scope of the Member’s (employee’s) regular employment with the Jurisdiction (employer) and the Member shall be entitled to full benefits, including workers’ compensation and liability coverage, as an employee of their employer. B. For a Member who becomes injured during any period in which a program under TEMAT is activated by the State of Texas, or during any TEMAT sanctioned training, the Jurisdiction shall immediately notify the Program Administrator and TDEM of the injury in writing, and TDEM shall reimburse the Jurisdiction the costs and expenses paid by the Jurisdiction to Member, including but not limited to, all related medical expenses, compensation, wages, pension contributions, and any benefits provided by the Jurisdiction. Pursuant to Texas Government Code Section 418.118(b), the Jurisdiction may seek reimbursement for all eligible costs and expenses as provided in this section by providing TDEM or the Program Administrator, whichever is applicable, adequate supporting documentation for the costs/expenses claimed, to include proof of pay provided by the Jurisdiction to the Member. Said reimbursement shall continue, in accordance with Texas Labor Code Section 408, until such time that the injured Member is medically cleared for return to work or in the event of permanent disability or death, until all obligations for payment to the Member or Member’s beneficiaries are satisfied. IX. CONDITIONS, AMENDMENTS, AND TERMINATION A. This TEMAT MOU may be modified or amended only by the written agreement of all the parties. B. This TEMAT MOU may be terminated by any signing party, upon thirty (30) days written notice to the other party. Statewide TEMAT MOU Final Draft 4.13.25 Page 7 of 10 Page 20 of 23  C. The state complies with the provisions of the Department of Labor Executive Order 11246 of September 24, 1965, as amended and with the rules, regulations, and relevant orders of the Secretary of Labor. To that end, the state shall not discriminate against any Member on the grounds of race, color, religion, sex, or national origin. In addition, the use of state or federal facilities, services, and supplies will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination. Distribution of supplies, processing of applications, provisions of technical assistance, and other relief assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. D. This TEMAT MOU is governed by the laws of the State of Texas (but not its conflict of laws statutes and principles). Pursuant to Section 85.18 (b), Texas Education Code, venue for a state court suit filed against any member of A&M System, or any officer or employee of A&M System is in the county in which the primary office of the chief executive officer of the system or member, as applicable, is located. E. The parties expressly acknowledge that the Program Administrators are agencies of the State of Texas and nothing in this TEMAT MOU will be construed as a waiver or relinquishment by any state agency administrator of its right to claim such exemptions, privileges, and immunities as may be provided by law. F. By executing this TEMAT MOU, all parties and each person signing on behalf of each party certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of A&M System or A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by A&M System, has direct or indirect financial interest in the award of this TEMAT MOU, or in the services to which this TEMAT MOU relates, or in any of the profits, real or potential, thereof. G. Each party is responsible to ensure that employees participating in work for any member of A&M System have not been designated by a member of A&M System as Not Eligible for Rehire (NEFR) as defined in System policy 32.02, Section 4. Non- conformance to this requirement may be grounds for termination of this agreement. In event a system member becomes aware that a contracting party has any employees that are designated as NEFR under this TEMAT MOU, the nonconforming employee is immediately required to be removed from all performance duties upon demand by a system member. X. JURISDICTION DECLARATION OF PARTICIPATION IN TEMAT Jurisdiction agrees to abide by the terms and conditions of this TEMAT MOU and the program-specific guidance manual. Jurisdiction agrees to allow employees to serve as TEMAT Members for the approved TEMAT Programs checked below: Statewide TEMAT MOU Final Draft 4.13.25 Page 8 of 10 Page 21 of 23  TEMAT Program Check for Jurisdiction Point of Participation Contact Initials Incident Support Task Force (ISTF) ☐ Public Works Response Team (PWRT) ☐ Texas A&M Task Force 1 ☐ State of Texas Incident Management ☐ Team (IMT) Texas Intrastate Fire Mutual Aid System ☐ (TIFMAS) XI. POINTS OF CONTACT TDEM TEMAT Coordinator Name: Chief Nim Kidd Kharley Smith Title: Chair – Texas Emergency ISTF Division Chief Management Council Address Line 1: 313 E Anderson Ln 313 E Anderson Ln Address Line 2: Building 3 Building 3 City, State, Zip: Austin, TX 78752 Austin, TX 78752 Phone Number: 512-424-2436 512-424-2436 Email: Nim.kidd@tdem.texas.gov kharley.smith@tdem.texas.gov Jurisdiction Name: ________________________ Title: ________________________ Address Line 1: ________________________ Address Line 2: ________________________ City, State, Zip: ________________________ Phone Number: ________________________ Email: ________________________ XII. GENERAL PROVISIONS A. This TEMAT MOU, with the rights and privileges it creates, is assignable only with the written consent of the parties. B. Pursuant to Texas Government Code Section 321.013, acceptance of funds under this TEMAT MOU constitutes acceptance of the authority of the State of Texas, the Texas State Auditor’s Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds under Texas Education Code Section 51.9335(c). Jurisdiction shall cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. Statewide TEMAT MOU Final Draft 4.13.25 Page 9 of 10 Page 22 of 23  C. Pursuant to Texas Government Code Sections 2107.008 and 2252.903, any payments owing to Jurisdiction under this TEMAT MOU may be applied directly toward certain debts or delinquencies that Jurisdiction owes the State of Texas or any agency of the State of Texas regardless of when they arise until such debts or delinquencies are paid in full. D. To the extent applicable, Jurisdiction shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for breach of contract made by Jurisdiction that cannot be resolved in the ordinary course of business. Jurisdiction shall submit written notice of a claim of breach of contract under this Chapter to TDEM’s designated official, who will examine the claim and any counterclaim and negotiate in an effort to resolve the claim. XIII. ENTIRE AGREEMENT This TEMAT MOU terminates and supersedes any prior TEMAT MOU amongst TDEM, TEMAT Program Administrators, a TEMAT Employee Member, and Participating Jurisdiction. This TEMAT MOU, in addition to the related program-specific guidance manuals and State Mutual Aid Reimbursement Guidelines, reflects the entire agreement between the parties. TDEM and Jurisdiction hereby acknowledge that they have read and understand this entire TEMAT MOU. All oral or written agreements between the parties hereto relating to the subject matter of this TEMAT MOU that was made prior to the execution of this TEMAT MOU have been reduced to writing and are contained herein. TDEM and Jurisdiction agree to abide by all terms and conditions specified herein and certify that the information provided to the state is true and correct in all respects to the best of their knowledge and belief. This TEMAT MOU is entered into by and between the following parties: TEXAS DIVISION OF EMERGENCY MANAGEMENT Signature: Name: W. Nim Kidd Title: Chief, Texas Division of Emergency Management Date: JURISDICTION Signature: Name: Title: Date: Statewide TEMAT MOU Final Draft 4.13.25 Page 10 of 10 Page 23 of 23