Ward 1 City Councilman and Vice Mayor Josh Cummings has resigned.

At Monday’s council meeting City Manager Jeb Jones said Cummings was offered a patrol officer’s position with the Eufaula Police Department and it would be a conflict for him to serve in the two positions with the city.

“As a result, it was necessary for Mr. Cummings to submit his resignation for the Ward 1 Council seat to be officially hired into the position,” Jones said. Cummings had been an officer with the Muscogee (Creek) Nation Lighthorse Police at the time of his resignation.

He was elected to the city council in April, replacing long-time Ward 1 Councilman Frank Davis, who chose not to run for re-election.

City Councilman James Hickman was named Vice Mayor, filling the position left by Cummings’ resignation.

In other business, the council approved a change to the city ordinance dealing with mobile food vendors.

The new ordinance, 24-1-1, requires the vendors to receive monthly Mobile Food Vendor permits and that the vendors provide the previous month’s sales tax submissions compliance documentation.

“During a review of sales tax collections over this past year, it was observed that sales tax remittance from Mobile Food Vendors was sporadic,” Jones said.

Not all vendors complied with the city ordinances related to their business.

Currently they are required to pay a $35 annual licensing fee.

The new ordinance states: “No person or business shall operate as a mobile food vendor within the City without first obtaining a license from the City Clerk. The license shall be valid for a period of one month from issuance and shall be renewable every month thereafter. There shall be a fee established by the City for the monthly permit to cover expenses associated with the preparation and issuance of the permit and any inspections for compliance with this chapter.”

Gina and Pat Notaro, owners of Fun Time fireworks and Flavors Grill, took issue with the leniency of the license fee.

The Nortaro’s said their businesses, which are “brick and mortar,” pays $250 annual license fee.

The council agreed to examine the fee structure but took no action.