City Council Agenda

CITY COUNCIL AGENDA

Wednesday, April 24, 2019 9:00 a.m.

CITY COUNCIL Martin Heines, Mayor Linda Sellers, District 1 Broderick McGee, District 2 Edward Moore, District 3 Don Warren, District 4 Bob Westbrook, District 5

Edward Broussard, City Manager CITY COUNCIL MEETING AGENDA

CITY COUNCIL CHAMBERS - CITY HALL 212 North Bonner Tyler, Texas 75702 Wednesday, April 24, 2019 9:00 a.m.

Internet website http://www.cityoftyler.org and Cable Access Channel 3

Please call (903) 531-1250 if you need assistance with interpretation or translation for this City meeting.

Si usted necesita ayuda con la interpretación o traducción de cualquier material en este sitio o en una reunión pública de la Ciudad de Tyler por favor llame al (903) 531-1250.

AMERICANS WITH DISABILITIES ACT NOTICE

The City of Tyler wants to ensure that City Council Meetings are accessible to persons with disabilities. If any individual needs special assistance or accommodations in order to attend a City Council meeting, please contact the City Manager’s Office at 903.531.1250, in advance so accommodations can be made.

COURTESY RULES

Thank you for your presence. The City Council appreciates your interest in Tyler City Government. To ensure fairness and orderly meetings, the Council has adopted rules of courtesy which apply to all members of the Council, Administrative Staff, News Media, Citizens and Visitors. If you wish to address the Council, obtain a speaker card from the receptionist’s desk outside the Council Chambers, complete the information requested on the card, and deliver to the City Clerk before the meeting or as soon as you can. Speakers will be heard as the individual item(s) in which they have registered an interest come before the Council. Your remarks will be limited in duration depending on the number of people wanting to speak on a particular item. Delay or interruption of the proceedings will not be tolerated.

INVOCATION

PLEDGE OF ALLEGIANCE

MINUTES

Request that the City Council consider approval of the Minutes of the Special Called Meeting of the City Council of the City of Tyler, Texas on March 6, 2019.

AWARDS

A-1 We would like to recognize the following employee for his years of service and commitment to the City of Tyler. At this important milestone, we express our sincere appreciation for your dedication and for the special contribution you make to our organization. He represents 20 years of service with the City of Tyler.

Service Awards

Years Date of of Hire First Name Last Name Title Department Service

4/5/1999 Billy Yates Assistant Police Chief I Police 20

A-2 Request that the City Council consider recognizing a City employee as the Blueprint Blue Ribbon Award winner, for placing the highest premium on responsiveness to citizens’ needs.

RESOLUTIONS

R-1 Request that the City Council consider adopting a resolution supporting the passage of legislation relating to the creation of the Rose City Municipal Utility District.

ZONING

Z-1 S19-001 RENFRO VICTORIA Y (711 MOCKINGBIRD LANE) Request that the City Council consider approving a Special Use Permit to allow for a child home day care.

Z-2 Z19-003 MARTINEZ JUAN (1325 AND 1329 CONNALLY STREET) Request that the City Council consider approving a zone change from “R-2”, Two-Family Residential District to “R-1D”, Single-Family Attached and Detached Residential District.

Z-3 Z18-043 LINDA L WHEAT (3615 WOODBINE BOULEVARD) Request that the City Council consider approving a zone change from “R-1A”, Single-Family Residential District to “AR”, Adaptive Reuse District.

Z-4 PD18-033 GENECOV INVESTMENTS (318.69 ACRES OF LAND) Request that the City Council consider approving a zone change from “AG”, Agricultural District and “R-1A”, Single-Family Residential District to “R-1A”, Single-Family Residential District, “R-1B”, Single-Family Residential District, “R-1D”, Single-Family Attached/Detached Residential District, “PXR”, Planned Mixed Residential District with written narrative, “PMF”, Planned Multi-Family Residential District with written narrative, “R-MF”, Multi-Family Residential District, “C-1”, Light Commercial District, and “PMXD-1”, Planned Mixed Use District with written narrative.

Z-5 Z19-005 GARAGE PROPERTIES LLC (412 AND 418 EAST ERWIN STREET) Request that the City Council consider approving a zone change from “M-1”, Light Industrial District to “DBAC”, Downtown Business, Arts and Culture District.

Z-6 Z19-006 TYLERTEX HOLDINGS LLC (7906 AND 7716 NEIGHBORS ROAD) Request that the City Council consider approving a zone change from “M-2”, General Industrial District to “R-1B” Single-Family Residential District.

Z-7 Z19-007 PARSLEY DWIGHT & KATHY (1937 DEERBROOK DRIVE) Request that the City Council consider approving a zone change from “M-1”, Light Industrial District to “C- 2” General Commercial District.

Z-8 Z19-002 ZB3 PROPERTIES LLC (2469 EARL CAMPBELL PARKWAY) Request that the City Council consider approving a “PCD”, Planned Commercial District amendment with a written narrative.

CONSENT (These items are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate consideration of an item.)

C-A-1 Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 845 Turner Avenue within the Tyler city limits and owned by taxing entities including the City of Tyler.

C-A-2 Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1009 South Englewood Street within the Tyler city limits and owned by taxing entities including the City of Tyler.

C-A-3 Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1100 North Bois D Arc within the Tyler city limits and owned by taxing entities including the City of Tyler.

C-A-4 Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1107 West 32nd Street within the Tyler city limits and owned by taxing entities including the City of Tyler.

C-A-5 Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1207 Lenox within the Tyler city limits and owned by taxing entities including the City of Tyler.

C-A-6 Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 2202 Woodlawn Street within the Tyler city limits and owned by taxing entities including the City of Tyler.

C-A-7 Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at South Peach Avenue within the Tyler city limits and owned by taxing entities including the City of Tyler.

C-A-8 Request that the City Council authorize the City Manager to ratify staff action of $40,000.00 for the emergency replacement of the High Service Pump No. 5 motor starter at the Golden Road Water Treatment Plant, to Alan Fielding Electric.

C-A-9 Request that City Council authorize the City Manager to renew the memorandum of understanding with the East Texas Symphony Orchestra for the operations of Liberty Hall.

C-A-10 Request that the City Council consider adoption of a Resolution to authorize continued participation by the City of Tyler with the Steering Committee of Cities Served by Oncor, and authorizing the annual assessment payment of eight (8) cents per capita to the Steering Committee.

C-A-11 Request that the City Council consider authorizing the purchase of new chairs for Harvey Convention Center and the Rose Garden Center in the amount of $34,004.32 to Mity Lite, Inc.

CITY MANAGER’S REPORT

EXECUTIVE SESSION

Executive Item No. 1: Under Texas Government Code Section 551.071 "Litigation" deliberation regarding the following:

Pending or contemplated litigation or settlement offer involving ETMC EMS, et al v. Champion EMS, et al v. City of Tyler, et al.

ADJOURNMENT MINUTES OF THE SPECIAL CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS March 6, 2019

A special called meeting of the City Council of the City of Tyler, Texas, was held Wednesday, March 6, 2019 at 9:00 a.m. in the City Council Chambers, 2nd floor of City Hall, Tyler, Texas, with the following present: Mayor: Martin Heines Mayor Pro Tem: Linda Sellers Councilmembers: Don Warren Broderick McGee Ed Moore John Nix (absent) Bob Westbrook

City Manager: Edward Broussard City Attorney: Deborah G. Pullum Assistant City Attorney: Regina Moss Managing Director of Administrative Services/HR: ReNissa Wade Chief Financial Officer: Keidric Trimble Chief Information Officer: Benny Yazdanpanahi City Fire Chief: David Coble Police Chief: Jimmy Toler Director of Solid Waste & Transit Services: Russ Jackson Managing Director of Utilities and Public Works: Director of Utilities: Jimmie Johnson City Clerk: Cassandra Brager INVOCATION

The Invocation was given by Councilmember Westbrook.

ORDINANCES

O-1 Request that the City Council consider adopting an ordinance canceling the election for City Council district one and district five scheduled for May 4, 2019, and declaring the unopposed candidates for City Council district one and district five elected to office. (O-2019-22)

Motion by Councilmember Warren; seconded by Councilmember Moore; motion carried 6 - 0 & approved as presented.

MISCELLANEOUS

M-1 Request that the City Council consider accepting the resignation of a City Council Officer.

Motion by Councilmember Westbrook to accept the resignation of John Nix; seconded by Mayor Pro Tem Sellers; motion carried 6 - 0 & approved as presented. March 6, 2019 Special Called Meeting

RESOLUTIONS

R-1 Request that the City Council consider a Resolution calling a Special Election to be held with the regular Election on May 4, 2019, to fill the office of Tyler City Council Member for Single Member District No. 6 on the Tyler City Council and calling for a joint election with Smith County, Tyler Independent School District and Whitehouse Independent School District. (R-2019-13)

Motion by Councilmember McGee; seconded by Councilmember Westbrook; motion carried 6 - 0 & approved as presented.

ADJOURNMENT

Motion by Councilmember Warren at 9:10 am to adjourn the meeting; seconded by Councilmember Moore; motion carried 6 - 0 & meeting adjourned.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T:

______CASSANDRA BRAGER, CITY CLERK

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: A-2

Date: April 24, 2019

Subject: Request that the City Council consider recognizing a City employee as the Blueprint Blue Ribbon Award winner, for placing the highest premium on responsiveness to citizens’ needs.

Page: 1 of 1

Item Reference:

The Blueprint Blue Ribbon Award is presented this month to an employee who has placed the highest premium on responsiveness to citizen’s needs. The Blueprint Blue Ribbon Program was started on April 1, 2004, to recognize exceptional employee performance. Ideal candidates for the award are employees whose ideas or suggestions have improved productivity, saved money, improved efficiency, or improved employee morale.

This employee began with the City of Tyler as an Accountant in June of 2012. This employee now serves as the City’s Accounting Manager. This individual tirelessly works behind the scene to take great care of our City’s books. She is the staff liaison regarding both internal and external audit. She works close with the City’s Audit Committee. She is one of our go to individual for many citywide. I often get compliments and praise regarding the customer service that this individual provides. Most of her customers are internal in nature and she understands that her support to external departments helps them to meet their “Called to SERVE” goal.

She has worked unselfishly to train many individual on staff. She understand that cross training makes her department strong. This individual plays a major role to ensure that our citizens, grant agencies, and revenue bond holders obtain transparent and fairly presented financial statements from which decisions can be made.

This individual, along others on staff, has helped to save the City thousands of dollars in the form of better rates related to debt issuance due to the sound financial management of our City’s Finance team.

RECOMMENDATION:

For her sense of customer, team, and strategic focus, which exemplifies the core values of the Blueprint, it is recommended that the City Council recognize Lauren Justice as the April recipient of the Blueprint Blue Ribbon Award.

Drafted/Recommended By: Department Leader Keidric Trimble, Chief Financial Officer

Edited/Submitted By: City Manager

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: R-1

Date: April 24, 2019

Subject: Request that the City Council consider adopting a resolution supporting the passage of legislation relating to the creation of the Rose City Municipal Utility District.

Page: 1 of 2

Item Reference:

The City of Tyler continues to plan for the next century of growth and future development of the City. This growth potential includes the southern and southwestern portions of the City and its extraterritorial jurisdiction. Such growth requires the assurance that adequate wastewater service can be provided to meet the needs of the future residential and commercial development in the area.

The proposed legislation authored by State Representative District 6 Matt Schaefer intends to create a municipal utility district to be known as the Rose City Municipal Utility District, being approximately 21,118 acres located within the corporate limits and extraterritorial jurisdiction of the southern and southwestern portions of the City of Tyler, and partly in the extraterritorial jurisdiction of the City of Bullard.

According to the proposed bill, the district would be overseen by a board of five directors appointed by the local governing bodies and the state representative whose legislative district encompasses the majority of the area.

Among other powers, the proposed district would have the authority to issue bonds, impose fees, and provide sewer and wastewater services without a certificate of convenience and necessity, and contract with the City to operate and maintain the district’s sewer and wastewater facilities. However, the proposed legislation also provides a mechanism for the Public Utility Commission to decertify the territory inside the district of an existing retail public utility certificate holder, and compensate the existing certificate holder in an amount determined by the utility commission.

The intent of the City is to seek our local delegation’s support in passing this proposed legislation that would create a municipal utility district to be known as the Rose City Municipal Utility District, being approximately 21,118 acres located within the corporate limits and extraterritorial jurisdiction of the southern and southwestern portions of the City of Tyler, and partly in the extraterritorial jurisdiction of the City of Bullard.

Agenda Number: R-1

Page: 2 of 2

RECOMMENDATION:

Request that the City Council consider adopting a resolution supporting the passage of legislation creating a municipal utility district to be known as the Rose City Municipal Utility District, being approximately 21,118 acres located within the corporate limits and extraterritorial jurisdiction of the southern and southwestern portions of the City of Tyler, and partly in the extraterritorial jurisdiction of the City of Bullard.

ATTACHMENTS 1. Resolution 2. Draft of Bill 3. Map

Drafted/Recommended By: Edited/Submitted By:

Edward Broussard, City Manager

RESOLUTION NO. R-2019-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, SUPPORTING THE PASSAGE OF LEGISLATION AMENDING TEXAS CODE RELATING TO THE CREATION OF THE ROSE CITY MUNICIPAL UTILITY DISTRICT.

WHEREAS, it is the intent of the City Council to promote the general welfare of the citizens of Tyler; and

WHEREAS, the City of Tyler is a home-rule municipality acting under its Charter adopted by the electorate pursuant to Article 11, Section 5 of the Texas Constitution, and other statutory authority; and

WHEREAS, the Rose City Municipal Utility District legislation would provide in the long-term greater local public entity control of the provision of sewer and wastewater services to citizens and businesses located in the southern and southwestern portions of the City of Tyler; and

WHEREAS, the Rose City Municipal Utility District legislation would also provide the long-term benefit increased competition for wastewater and sewer providers located within the proposed district boundaries.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Tyler City Council hereby supports the passage of legislation during the 86th session of the Texas Legislature to amend the Texas Code relating to the creation of the Rose City Municipal Utility District.

PART 2: That the City Manager and City staff are hereby directed to continue their efforts and cooperation with all appropriate State legislators in support of this proposed legislation.

PART 3: That this resolution shall become effective immediately from and after its passage and approval by the City Council.

PASSED AND APPROVED this 24th day of April, A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

ATTEST: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH PULLUM, CITY ATTORNEY By:AA______.B.ANo.A_____

A BILL TO BE ENTITLED

1 AN ACT

2 relating to the creation of the Rose City Municipal Utility

3 District; granting a limited power of eminent domain; providing

4 authority to issue bonds; providing authority to impose assessments

5 and fees.

6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

7 SECTIONA1.AASubtitle F, Title 6, Special District Local Laws

8 Code, is amended by adding Chapter 7958 to read as follows:

9 CHAPTERA7958. ROSE CITY MUNICIPAL UTILITY DISTRICT

10 SUBCHAPTER A. GENERAL PROVISIONS

11 Sec.A7958.0101.AADEFINITIONS. In this chapter:

12 (1)AA"Board" means the district ’s board of directors.

13 (2)AA"City" means the City of Tyler.

14 (3)AA"Commission" means the Texas Commission on

15 Environmental Quality.

16 (4)AA"Director" means a board member.

17 (5)AA"District" means the Rose City Municipal Utility

18 District.

19 (6)AA"Utility commission" means the Public Utility

20 Commission of Texas.

21 Sec.A7958.0102.AANATURE OF DISTRICT. The district is a

22 municipal utility district created under Section 59, Article XVI,

23 Texas Constitution.

24 Sec.A7958.0103.AACONFIRMATION AND DIRECTORS ’ ELECTION

86R20555 GRM-F 1 1 REQUIRED. The temporary directors shall hold an election to

2 confirm the creation of the district and to elect five permanent

3 directors as provided by Section 49.102, Water Code.

4 Sec.A7958.0104.AACONSENT OF MUNICIPALITY REQUIRED. The

5 temporary directors may not hold an election under Section

6 7958.0103 until each municipality in whose corporate limits or

7 extraterritorial jurisdiction the district is located has

8 consented by ordinance or resolution to the creation of the

9 district and to the inclusion of land in the district.

10 Sec.A7958.0105.AAFINDINGS OF PUBLIC PURPOSE AND BENEFIT.

11 (a) The district is created to serve a public purpose and benefit.

12 (b)AAThe district is created to accomplish the purposes of a

13 municipal utility district as provided by general law and Section

14 59, Article XVI, Texas Constitution.

15 Sec.A7958.0106.AAINITIAL DISTRICT TERRITORY. (a) The

16 district is initially composed of the territory described by

17 Section 2 of the Act enacting this chapter.

18 (b)AAThe boundaries and field notes contained in Section 2 of

19 the Act enacting this chapter form a closure. A mistake made in the

20 field notes or in copying the field notes in the legislative process

21 does not affect the district ’s:

22 (1)AAorganization, existence, or validity;

23 (2)AAright to issue any type of bond for the purposes

24 for which the district is created or to pay the principal of and

25 interest on a bond; or

26 (3)AAlegality or operation.

86R20555 GRM-F 2 1 SUBCHAPTER B. BOARD OF DIRECTORS

2 Sec.A7958.0201.AAGOVERNING BODY; TERMS. (a) The district is

3 governed by a board of five directors appointed as follows:

4 (1)AAthree directors appointed by the city;

5 (2)AAone director appointed by the Smith County

6 Commissioners Court; and

7 (3)AAone director appointed by the state representative

8 whose legislative district encompasses the largest portion of the

9 district ’s territory.

10 (b)AADirectors serve staggered four-year terms.

11 (c)AAThe appointing entities shall appoint the initial

12 directors not later than September 1, 2020. The initial directors

13 appointed under Subsection (a)(1) serve a four-year term, and the

14 directors appointed under Subsections (a)(2) and (a)(3) serve a

15 two-year term. This subsection expires September 1, 2023.

16 Sec.A7958.0202.AAQUALIFICATIONS OF DIRECTORS. (a)

17 Notwithstanding any other law:

18 (1)AAan officer or employee of the city may serve as a

19 director of the district; and

20 (2)AAa member of the governing body of the city may

21 serve as a director of the district.

22 (b)AAA person who qualifies to serve as a director is

23 qualified to participate in all votes pertaining to the business of

24 the district, subject to Section 49.058, Water Code.

25 (c)AASection 49.052, Water Code, does not apply to the

26 district.

27 Sec.A7958.0203.AACOMPENSATION; REIMBURSEMENT. A director

86R20555 GRM-F 3 1 serves without compensation but may receive reimbursement for

2 actual expenses reasonably and necessarily incurred while engaging

3 in activities on behalf of the district.

4 SUBCHAPTER C. POWERS AND DUTIES

5 Sec.A7958.0301.AAGENERAL POWERS AND DUTIES. The district

6 has the powers and duties necessary to accomplish the purposes for

7 which the district is created.

8 Sec.A7958.0302.AAMUNICIPAL UTILITY DISTRICT POWERS AND

9 DUTIES. (a) Subject to Subsection (b), the district has the powers

10 and duties provided by the general law of this state, including

11 Chapters 49 and 54, Water Code, applicable to municipal utility

12 districts created under Section 59, Article XVI, Texas

13 Constitution.

14 (b)AAThe district may provide only sewer and wastewater

15 services, including the acquisition, construction, contracting,

16 financing, maintenance, operation, and planning of sewer and

17 wastewater facilities or systems.

18 Sec.A7958.0303.AACOMPLIANCE WITH MUNICIPAL CONSENT

19 ORDINANCE OR RESOLUTION. The district shall comply with all

20 applicable requirements of any ordinance or resolution that is

21 adopted under Section 54.016 or 54.0165, Water Code, and that

22 consents to the creation of the district or to the inclusion of land

23 in the district.

24 Sec.A7958.0304.AALIMITED POWER OF EMINENT DOMAIN. The

25 district may exercise the power of eminent domain only for the

26 limited purpose of acquiring or constructing sewer and wastewater

27 facilities.

86R20555 GRM-F 4 1 Sec.A7958.0305.AACONTRACTING. The district may contract

2 with the city for the city to operate and maintain the district ’s

3 sewer and wastewater facilities.

4 Sec.A7958.0306.AACERTIFICATE OF PUBLIC CONVENIENCE AND

5 NECESSITY. (a) Notwithstanding Chapter 13, Water Code, the

6 district may provide sewer and wastewater service without a

7 certificate of convenience and necessity.

8 (b)AANot later than the 30th day before the date the district

9 intends to provide sewer and wastewater service, the district must

10 notify the utility commission and each retail public utility that

11 provides sewer and wastewater services in the district.

12 (c)AAIf the district does not acquire a retail public utility

13 that holds a certificate of public convenience and necessity for

14 providing sewer and wastewater service in the district territory,

15 the district shall:

16 (1)AAnot later than the 30th day after the date the

17 district begins providing sewer and wastewater service, petition

18 the utility commission to decertify the territory inside the

19 district of the existing certificate holder; and

20 (2)AAcompensate the existing certificate holder in an

21 amount determined by the utility commission.

22 Sec.A7958.0307.AALEGAL SERVICES. The district may contract

23 with a political subdivision to provide legal services for the

24 district, including legal services related to the exercise of

25 eminent domain.

26 Sec.A7958.0308.AASUPERMAJORITY VOTE REQUIRED FOR CERTAIN

27 ACTIONS. At least four board members must vote in favor of a

86R20555 GRM-F 5 1 resolution before the board may:

2 (1)AAincrease rates or assessments by more than five

3 percent; and

4 (2)AAincur debt or increase the amount of debt that the

5 district has outstanding.

6 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

7 Sec.A7958.0401.AAELECTIONS REGARDING BONDS. The district

8 may issue, without an election, bonds and other obligations secured

9 by revenue other than ad valorem taxes.

10 Sec.A7958.0402.AAPROHIBITION ON IMPOSITION OF TAXES. (a) The

11 district may not impose an ad valorem tax for any purpose.

12 (b)AASection 49.107, Water Code, does not apply to the

13 district.

14 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

15 Sec.A7958.0501.AAAUTHORITY TO ISSUE BONDS AND OTHER

16 OBLIGATIONS. The district may issue bonds or other obligations

17 payable wholly or partly from impact fees, revenue, contract

18 payments, grants, or other district money, or any combination of

19 those sources, to pay for any authorized district purpose.

20 SECTIONA2.AAThe Rose City Municipal Utility District

21 initially includes all the territory contained in the following

22 area:

23 BEING a 21,118 acre tract of land situated in Smith County, Texas,

24 said 21,118 acre tract being more completely described by metes and

25 bounds as follows:

26 BEGINNING at the intersection of the centerline of State Highway

27 No.A155 with State Highway 57 (West Grande Boulevard);

86R20555 GRM-F 6 1 THENCE Easterly with the centerline of West Grande Boulevard to its

2 intersection with F.M. 2493 (Old Jacksonville Highway);

3 THENCE Southwesterly with the centerline of F.M. 2493 (Old

4 Jacksonville Highway) to its intersection with Three Lakes Parkway;

5 THENCE Southeasterly with the centerline of Three Lakes Parkway to

6 its intersection with Dueling Oaks;

7 THENCE Easterly with the centerline of Dueling Oaks to its

8 intersection with Hollytree Drive;

9 THENCE Southwesterly with the centerline of Hollytree Drive to its

10 intersection with Maple Lane;

11 THENCE Southerly with the centerline of Maple Lane to its

12 intersection with West Cumberland Road;

13 THENCE Easterly with the centerline of West Cumberland Road to its

14 intersection with U.S. Highway 69 (South Broadway Ave.);

15 THENCE Southerly with the centerline of U.S. Highway 69 (South

16 Broadway Ave.) to its intersection with Loop 49;

17 THENCE Northeasterly with the centerline of Loop 49 to its

18 intersection with F.M. 756 (South Paluxy Drive);

19 THENCE Southeasterly with the centerline of F.M. 756 (South Paluxy

20 Drive) to its intersection with F.M. 346;

21 THENCE Southwesterly with the centerline of F.M. 346 to its

22 intersection with County Road 15;

23 THENCE Southerly with the centerline of County Road 15 to its

24 intersection with County Road 129;

25 THENCE Northeasterly with the centerline of County Road 129 to its

26 intersection with County Road 112;

27 THENCE with the centerline of County Road 112 to its intersection

86R20555 GRM-F 7 1 with County Road 113;

2 THENCE with the centerline of County Road 113 to its intersection

3 with County Road 152;

4 THENCE Southwesterly with the centerline of County Road 152 to its

5 intersection with U.S. Highway No.A69;

6 THENCE Southeasterly with the centerline of U.S. Highway No.A69 to

7 its intersection with the South boundary line of Liberty Utilities

8 (Woodmark) CCN 20679 as shown by digital map on 3-08-2019 per the

9 Public Utility Commission of Texas website, same being on the East

10 boundary line of the City of Bullard, Texas, Sewer CCN 20903 as

11 shown by digital map on 3-08-2019 per the Public Utility Commission

12 of Texas website;

13 THENCE Southwesterly with said East boundary line of Bullard, Texas

14 CCN 20903 and South boundary line of Liberty Utilities (Woodmark)

15 CCN 20679 to its intersection with the centerline of F.M. 2493;

16 THENCE Northwesterly with the centerline of F.M. 2493 to an ell

17 corner in the West line of said CCN 20679;

18 THENCE West continuing with the West boundary line of said CCN 20679

19 to its intersection with the centerline of County Road 173 and being

20 the Westerly Southwest corner of said CCN 20679;

21 THENCE Northerly with the centerline of County Road 173 to its

22 intersection with the centerline of County Road 175;

23 THENCE Westerly with the centerline of County Road 175 to its

24 intersection with the centerline of F.M. 346;

25 THENCE Westerly with the centerline of F.M. 346 to its intersection

26 with the centerline of County Road 185 (Oak Hollow Road);

27 THENCE Westerly with the centerline of County Road 185 to its

86R20555 GRM-F 8 1 intersection with the centerline of County Road 178 (Old Palestine

2 Highway);

3 THENCE Northeasterly with the centerline of County Road 178 (Old

4 Palestine Highway) to its intersection with the centerline of

5 County Road 168 (Saline Creek Road);

6 THENCE Northeasterly with the centerline of County Road 168 to its

7 intersection with the centerline of County Road 178 (Jonestown

8 Road);

9 THENCE North with the centerline of County Road 178 to its

10 intersection with the centerline of County Road 192 (Old Noonday

11 Road);

12 THENCE Northeasterly with the centerline of County Road 192 to its

13 intersection with the centerline of County Road 193 (Taylor Road);

14 THENCE Northwesterly with the centerline of County Road 193 to its

15 intersection with the centerline of State Highway No.A155;

16 THENCE Northeasterly with the centerline of State Highway No.A155

17 to the place of beginning containing 21,118 acres of land, plus or

18 minus.

19 SECTIONA3.AA(a) The legal notice of the intention to

20 introduce this Act, setting forth the general substance of this

21 Act, has been published as provided by law, and the notice and a

22 copy of this Act have been furnished to all persons, agencies,

23 officials, or entities to which they are required to be furnished

24 under Section 59, Article XVI, Texas Constitution, and Chapter 313,

25 Government Code.

26 (b)AAThe governor, one of the required recipients, has

27 submitted the notice and Act to the Texas Commission on

86R20555 GRM-F 9 1 Environmental Quality.

2 (c)AAThe Texas Commission on Environmental Quality has filed

3 its recommendations relating to this Act with the governor, the

4 lieutenant governor, and the speaker of the house of

5 representatives within the required time.

6 (d)AAAll requirements of the constitution and laws of this

7 state and the rules and procedures of the legislature with respect

8 to the notice, introduction, and passage of this Act are fulfilled

9 and accomplished.

10 SECTIONA4.AA(a) Section 7958.0304, Special District Local

11 Laws Code, as added by Section 1 of this Act, takes effect only if

12 this Act receives a two-thirds vote of all the members elected to

13 each house.

14 (b)AAIf this Act does not receive a two-thirds vote of all the

15 members elected to each house, Subchapter C, Chapter 7958, Special

16 District Local Laws Code, as added by Section 1 of this Act, is

17 amended by adding Section 7958.0304 to read as follows:

18 Sec.A7958.0304.AANO EMINENT DOMAIN POWER. The district may

19 not exercise the power of eminent domain.

20 (c)AAThis section is not intended to be an expression of a

21 legislative interpretation of the requirements of Section 17(c),

22 Article I, Texas Constitution.

23 SECTIONA5.AAThis Act takes effect September 1, 2019.

86R20555 GRM-F 10 «¬323

«¬49

Tyler

Noonday

«¬155

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Map Date: 3/29/2019 City of Tyler Map Projection: NAD 1983 StatePlane Texas North Central FIPS 4202 Feet **Map Legend** THIS MAP WAS PREPARED BY THE CITY OF TYLER AND MAY BE REVISED WITHOMUT ap Source: R:\Projects\Water Administration\ArcGIS Projects\Proposed_CCN_with_ETJs.mxd NOTIFICATION TO ANY USER.

ALTHOUGH THIS MAP IS BASED ON THE LATEST INFORMATION Proposed Sewer CCN AVAILABLE TO THE CITY OF TYLER, NO WARRANTY, GUARANTEE, Th is produ ct is for inf ormat io na l p urpo se s an d m ay n ot h ave bee n OR REPRESENTATION IS MADE BY THE CITY OF TYLER AS TO pre pa re d fo r or be suitab le fo r leg al, e ngin eering, or surveying THE ABSOLUTE CORRECTNESS OR SUFFICIENCY OF ANY µ REPRESENTATION CONTAINED IN THIS MAP. THE USER IS purpo ses. It do es no t rep re se nt an on-the -g ro un d survey a nd ENCOURAGED TO CHECK WITH THE CITY TO VERIFY THAT THE MAP Proposed Sewer CCN BEING USED IS THE LATEST, MOST CURRENT ONE AVAILABLE. rep re sen ts on ly t he app ro xim at e relative lo cation of prope rt y 1 inch = 7,000 feet (903) 531-1257 bou nda ries. with ETJs

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-1

Date: April 24, 2019

Subject: S19-001 RENFRO VICTORIA Y (711 MOCKINGBIRD LANE) Request that the City Council consider approving a Special Use Permit to allow for a child home day care.

Page: 1 of 2

Item Reference:

The applicant is requesting the Special Use Permit (SUP) in order to allow for a child home daycare for an indefinite period of time on Lots 13B, 14A and 15A of NCB 312, three lots containing approximately 0.53 acres of land located east of the northeast intersection of Mockingbird Lane and Vine Avenue (711 Mockingbird Lane). The property is currently zoned “R-2”, Two-Family Residential District.

According to the Unified Development Code (UDC), “Special Use Permits" set standards, conditions, and procedures whereby special uses may be approved by City Council. A use is considered special by this development code when there is potential for it to have an adverse impact on nearby property and because the actions needed to minimize or eliminate the adverse impacts vary from site to site. No special use permit may be issued unless the governing body determines the proposed building or use will not (a) substantially increase traffic hazards or congestion; (b) substantially increase fire hazards; (c) adversely affect the character of the neighborhood; (d) adversely affect the general welfare of the community; or (e) overtax public utilities. Approved special uses are subject to compliance with all other applicable provisions within the UDC, such as parking, landscaping, and setbacks.

All conditions required for an SUP must be met before any part of the use can be occupied. Violation of any term, condition, requirement, or duration of an approved SUP is unlawful and will constitute a violation subject the penalties set forth in the UDC. In addition, the SUP may be revoked or suspended by the City Council due to such violation, following public hearings by both the Planning and Zoning Commission and the City Council.

All adjacent properties are zoned “R-2”, Two-Family Residential District and are developed with single-family homes.

SUPs are approved for specific periods of time. The terms and duration of an SUP rests with the City Council. Most first-time SUPs are issued for three years with renewals typically approved for longer time periods, usually five years. Some special uses, due to their nature and the cost associated with their operation, may be approved indefinitely.

A Special Use Permit allows a maximum of six children for a home day care in “R-2” zoning. The applicant is a former Child Protection Services worker licensed with the State. The applicant Agenda Number: Z-1

Page: 2 of 2 is currently operating a daycare and has requested the Special Use Permit to comply with the ordinance. The property has a play area in the back and is protected by wooden fencing.

The applicant has requested approval for an indefinite period of time. Given the protest received, staff recommends that the SUP be approved for a specific period of time before considering an indefinite approval. Staff recommends home day care for a three-year period of time. Please note that upon review, the Planning and Zoning Commission, did recommend for a shorter time period.

On April 2, 2019, the Planning and Zoning Commission held a public hearing on this request. No one spoke in favor or in opposition to the request. Ms. Victoria Renfro, the applicant was present to answer questions.

As of Friday, April 12, 2019, of the 23 notices mailed no notices were returned in favor of the request and four were returned in opposition with a total protest calculation of 15.98 percent. The main concerns were noise and traffic in the neighborhood. Staff notes that the daycare will allow only up to six children.

All other departments have reviewed the application and anticipate no significant impact on services and facilities by the proposed special use permit.

RECOMMENDATION:

The Planning and Zoning Commission, by a 7-0 vote, recommends approval of a Special Use Permit to allow for a home day care for a two-year period of time.

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Site Plan 3. Exhibit “B”: Location Map 4. Exhibit “C”: Protest Map

Drafted/Recommended By: Department Leader

Heather Nick, AICP Managing Director of Planning and Economic Development

Edited/Submitted By: City Manager ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; APPROVING A SPECIAL USE PERMIT TO ALLOW FOR A CHILD HOME DAY CARE FOR A TWO YEAR PERIOD OF TIME ON LOTS 13B, 14A AND 15A OF NCB 312, THREE LOTS TOTALING APPROXIMATELY 0.53 ACRES OF LAND LOCATED EAST OF THE NORTHEAST INTERSECTION OF MOCKINGBIRD LANE AND VINE AVENUE (711 MOCKINGBIRD LANE); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, the Planning and Zoning Commission of the City of Tyler, Texas, and the City Council of the City of Tyler, Texas, in compliance with the Charter and the State law with reference to the zoning ordinance of the City of Tyler, Texas, and zoning map, have given requisite notices by publication and otherwise and after holding a due hearing and affording a full and fair hearing to all the property owners, generally and to the persons interested, situated in the affected area and in the vicinity thereof, the City Council is of the opinion that the special use should be made as set forth herein;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following special use is hereby approved as follows:

I. APPLICATION S19-001

That the following described property, which is currently zoned “R-2”, Two-Family Residential District, shall hereafter be used under a special use permit to allow for a child home day care, to- wit:

Lots 13B, 14A and 15A of NCB 312, three lots totaling approximately 0.53 acres of land located east of the northeast intersection of Mockingbird Lane and Vine Avenue (711 Mockingbird Lane), for a two-year period of time, in accordance with Exhibit “A”.

PART 2: The Special Use Permit is restricted to a child home day care for two years.

PART 3: Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance and same are deemed severable for this purpose.

PART 4: That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as provided in Section 1-4 of the Tyler Code. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense. Since this ordinance has a penalty for violation, it shall not become effective until after its publication in the newspaper as provided by Section 85 of the Charter of the City of Tyler, Texas, which date is expected to be April 26th, 2019.

PASSED AND APPROVED this the 24th day of April, A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

ORDINANCE NO. O-2019- EXHIBIT “A” SITE PLAN

EXHIBIT “B” LOCATION MAP

EXHIBIT “C” PROTEST MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-2

Date: April 24, 2019

Subject: Z19-003 MARTINEZ JUAN (1325 AND 1329 CONNALLY STREET) Request that the City Council consider approving a zone change from “R- 2”, Two-Family Residential District to “R-1D”, Single-Family Attached and Detached Residential District.

Page: 1 of 2

Item Reference:

The applicant is requesting the zone change in order to build single-family homes on Lots 49A and 49B of NBC 665B, two lots containing approximately 0.24 acres of land located at the northeast intersection of South Englewood Avenue and Connally Street (1325 and 1329 Connally Street).

According to the Unified Development Code (UDC), the “R-1D”, Single-Family Detached and Attached Residential District is primarily intended to accommodate single-family detached and attached housing, such as duplexes, townhouses and rowhouses on small individual lots. In addition, the district allows churches, schools, and accessory buildings and uses. The maximum building height is 42 feet. Setback requirements are 25 feet in the front, 15 feet in the rear, zero feet on the interior side and 12 feet on the corner side. Minimum lot size is 3,000 square feet.

According to UDC Section 10-617, the City Council will consider the following approval criteria for zoning changes:

a. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; b. The zoning change is consistent with the Tyler 1st Comprehensive Plan; c. The zoning change promotes the health, safety, or general welfare of the city and the safe, orderly, and healthful development of the city; d. The zoning change is compatible with the present zoning and/or conforming uses of nearby property and with the character of the neighborhood; and e. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment.

The adjacent properties to the north, east and west are zoned “R-2”, Two-Family Residential District. The properties to the east and west are undeveloped while the property to the north is developed with a single-family home. The adjacent properties to the south are zoned “R-1B”, Single-Family Residential District and “R-2”, Two-Family Residential District and are developed with a single-family home.

The Tyler 1st Future Land Use Guide (FLUG) identifies this property as Single-Family Medium/Low Density. This request would amend the FLUG to Single-Family and Single-Family Attached.

Agenda Number : Z-2

Page: 2 of 2

The zone change will allow for the existing lots to be platted. They currently do not meet the minimum size for “R-2” zoning, nor are duplexes the desired housing type in this area. The applicant plans to build two detached homes ranging from 1,200-1,400 square feet in size. The anticipated infill development will help achieve the Tyler 1st goal of adding 3,000 new households to the North End.

On April 2, 2019 the Planning and Zoning Commission held a public hearing on this request. No one spoke in favor or in opposition to the request.

As of Friday, April 12, 2019, of the 25 notices mailed, no notices were returned in favor or in opposition to the request.

All other departments have reviewed the application and anticipate a positive significant impact on services and facilities by the proposed rezoning request.

RECOMMENDATION:

The Planning and Zoning Commission by a 7-0 vote recommends to change the zoning from “R-2”, Two-Family Residential District to “R-1D”, Single-Family Detached and Attached Residential District.

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Location Map 3. Exhibit “B”: Tyler 1st Future Land Use Map 4. Exhibit “C”: Notification Map

Drafted/Recommended By: Department Leader Heather Nick Managing Director of Planning and Economic Development

Edited/Submitted By: City Manager

ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM “R-2”, TWO-FAMILY RESIDENTIAL DISTRICT TO “R-1D”, SINGLE-FAMILY DETACHED AND ATTACHED RESIDENTIAL DISTRICT ON LOTS 49A AND 49B OF NBC 665B, TWO LOTS CONTAINING APPROXIMATELY 0.24 ACRES OF LAND LOCATED AT THE NORTHEAST INTERSECTION OF SOUTH ENGLEWOOD AVENUE AND CONNALLY STREET (1325 AND 1329 CONNALLY STREET); DIRECTING THE AMENDMENT OF THE ZONING MAP; DIRECTING THE AMENDMENT OF THE FUTURE LAND USE GUIDE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following zone change is hereby approved as follows:

I. APPLICATION Z19-003

That the following described property, which has heretofore been zoned “R-2”, Two-Family Residential District, shall hereafter bear the zoning classification of “R-1D”, Single-Family Detached and Attached Residential District, to wit:

Lots 49A and 49B of NBC 665B, two lots containing approximately 0.24 acres of land located at the northeast intersection of South Englewood Avenue and Connally Street (1325 and 1329 Connally Street).

PART 4: That this ordinance shall be effective on and after its date of passage and approval by the City Council.

PASSED AND APPROVED this the 24th day of April A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM CITY ATTORNEY

EXHIBIT “A” LOCATION MAP

EXHIBIT “B” TYLER 1st FUTURE LAND USE MAP

EXHIBIT “C” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-3

Date: April 24, 2019

Subject: Z18-043 LINDA L WHEAT (3615 WOODBINE BOULEVARD) Request that the City Council consider approving a zone change from “R-1A”, Single-Family Residential District to “AR”, Adaptive Reuse District.

Page: 1 of 3

Item Reference:

The applicant is requesting the zone change to allow for an art instructional studio at a residence on Lot 8 of NCB 1027, one lot containing approximately 0.63 acres of land located at the northwest intersection of Rodessa Drive and Woodbine Boulevard (3615 Woodbine Boulevard).

According to the Unified Development Code (UDC), the “AR”, Adaptive Reuse District is primarily intended to provide for the rehabilitation and reuse of residential buildings for low-intensity commercial or office activities without detracting from the essential residential character of the area, nor allowing the proliferation of intense commercial uses. The minimum lot area is 7,000 square feet. The maximum height is 42 feet or two and one half stories. Setback requirements are 25 feet in the front and rear and the interior side yard setback is six feet and the corner side yard is 12 feet.

According to UDC Section 10-617, the City Council will consider the following approval criteria for zoning changes:

All adjacent properties are zoned “R-1A”, Single-Family Residential District and are developed with single-family homes.

This request is consistent with the Tyler 1st Future Land Use Guide (FLUG) which identifies this property as Single-Family Medium/Low Density.

Agenda Number : Z-3

Page: 2 of 3

The “AR” zoning district is a more restrictive land use than other zoning designations that allows for the requested use. The property will be required to maintain its residential character should it be for anything other than a residence which includes limited signage and parking among other restrictions. The property will have to provide a minimum of four parking spaces. The “AR” district is typically found within neighborhoods as it provides for the reuse of residential buildings for low-intensity personal service, office and retail uses. For this reason, the requirements for maximum paved surface in the front yard and dimensional standards (setbacks) are consistent with single-family residential districts.

The applicant has been operating an art school out of her home for children. Currently, the classes are held on Monday and Wednesday 1 – 2:30, 3:30 – 5, and 5:30 – 7 p.m., Tuesday 3:30 – 5 and 5:30 – 7 p.m. and Thursday 1 – 2:30 p.m. for special education students. Class sizes average is six students who are dropped off and picked up from the location.

During the application review process, staff spoke with the applicant to inquire about any existing deed restrictions on the property. The applicant provided a copy of the existing deed restrictions which restricted the Green Acres Unit Five Subdivision to residential uses only. As of January 3, 2019, the applicant provided amended deed restrictions that permit the Adaptive Reuse zoning and the uses allowed within this zoning district.

The Planning and Zoning Commission considered the item on January 8, 2019 and February 5, 2019 and tabled the item for 30 days both times. The applicant and the neighbors needed additional time to further limit the scope of the amended restrictions. As a courtesy, additional time was given.

Allowable by-right office uses in the Adaptive Reuse District (“AR”) include medical offices limited to three professionals, accounting/financial consultant, architect, attorney, insurance, and real estate offices. Light retail uses allowed by-right in the “AR” district include antique shops, arts and crafts stores, florist’s shop, and custom-made clothing and jewelry shops. The “AR” district does allow for personal service uses such as barber/beauty shops limited to two chairs, art workshops, eyewear stores, and tailor/seamstress shops.

The “AR” district does not allow for higher-intensity medical offices such as those that employ four or more professionals or offices that may induce a higher rate of traffic such as print/photocopy shops, utility company offices, or employment agencies. Personal and consumer services including but not limited to commercial beauty shops, daycares, laundry services, and tanning and tattoo studios are not permitted within the “AR” district. The “AR” zoning district is also highly restrictive toward retail uses that generate a great deal of vehicular and pedestrian traffic such as convenience stores, department stores, grocery/food stores, video stores, and indoor and outdoor recreational uses. No manufacturing, production, or industrial service uses are permitted by-right in the “AR” district.

The table below compares the Adaptive Reuse District (“AR”) and the Restricted Professional Office District (“RPO”). While both districts allow for the requested use, there are key differences relating to paved surface area, signage, dimensional standards, and allowable uses. The “AR” district is typically found within neighborhoods as it provides for the reuse of residential buildings for low-intensity personal service, office and retail uses. For this reason, the requirements for maximum paved surface in the front yard and dimensional standards (setbacks) are consistent with single-family residential districts. The “RPO” district however, is typically used as a transitional buffer between residential neighborhoods and commercial development. As the “RPO” is a transitional buffer, allowed signage and dimensional standards are less restrictive than residential and “AR” districts, but more restrictive than commercial or industrial districts.

Agenda Number : Z-3

Page: 3 of 3

Maintain Maximum Zoning Residential Paved Maximum Signage Setbacks Uses District Character? Surface 25 feet front & Residential, Freestanding sign: 8 square rear low-intensity 55% of front feet, 8 feet tall (may be 6 feet side AR Yes office, service, yard substituted for façade sign of interior and specialty same size) 12 feet side retail corner 10 feet front & Office, rear pharmacy, Freestanding sign: 32 square Subject to 6 feet side banking, RPO No feet, 25 feet tall landscaping interior medical lab, Façade sign: 16 square feet 12 feet side service, and corner retail

In addition to allowing for the reuse of older residential structures, “AR” allows for a live-work scenario that supports aging in place by giving retirees the opportunity to supplement their income.

On March 5, 2019, the Planning and Zoning Commission held a public hearing on this request. Linda Wheat spoke in favor of the request. Eleven others spoke in favor of the request, including a number of children who are currently benefiting from the applicant’s operation.

As of Friday, April 12, 2019, of the 13 notices mailed, two were returned in favor of the request and one notice was returned in opposition to the request with the protest calculation of 8.31 percent. The opposition stated that they are against having a school across the street from their property and are concerned with the increased traffic the school is bringing to the neighborhood. Other neighbors expressed concern with allowing all “AR” uses in the neighborhood, however they are in favor of allowing Ms. Wheat to utilize the property for her existing use.

All other departments have reviewed the application and anticipate no significant impact on services or facilities by the proposed rezoning request.

RECOMMENDATION:

The Planning and Zoning Commission by a 6-0 vote recommends to change the zoning from “R-1A”, Single-Family Residential District to “AR”, Adaptive Reuse District.

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Location Map 3. Exhibit “B”: Tyler 1st Future Land Use Map 4. Exhibit “C”: Notification Map

Drafted/Recommended By: Department Leader Heather Nick, AICP, Managing Director

Edited/Submitted By: City Manager

ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM “R-1A”, SINGLE-FAMILY RESIDENTIAL DISTRICT TO “AR”, ADAPTIVE REUSE DISTRICT ON LOT 8 OF NCB 1027, ONE LOT CONTAINING APPROXIMATELY 0.63 ACRES OF LAND LOCATED AT THE NORTHWEST INTERSECTION OF RODESSA DRIVE AND WOODBINE BOULEVARD (3615 WOODBINE BOULEVARD); DIRECTING THE AMENDMENT OF THE ZONING MAP; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following zone change is hereby approved as follows:

I. APPLICATION Z18-043

That the following described property, which has heretofore been zoned “R-1A”, Single-Family Residential District, shall hereafter bear the zoning classification of “AR”, Adaptive Reuse District, to wit:

Lot 8 of NCB 1027, one lot containing approximately 0.63 acres of land located at the northwest intersection of Rodessa Drive and Woodbine Boulevard (3615 Woodbine Boulevard).

PART 2: That the City Manager is hereby ordered and directed to cause the zoning map to be amended to reflect the above described zoning.

PART 4: That this ordinance shall be effective on and after its date of passage and approval by the City Council.

PASSED AND APPROVED this the 24th day of April A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” LOCATION MAP

EXHIBIT “B” TYLER 1st FUTURE LAND USE MAP

EXHIBIT “C” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-4

Date: April 24, 2019

Subject: PD18-033 GENECOV INVESTMENTS (318.69 ACRES OF LAND) Request that the City Council consider approving a zone change from “AG”, Agricultural District and “R-1A”, Single-Family Residential District to “R-1A”, Single-Family Residential District, “R-1B”, Single-Family Residential District, “R-1D”, Single-Family Attached/Detached Residential District, “PXR”, Planned Mixed Residential District with written narrative, “PMF”, Planned Multi- Family Residential District with written narrative, “R-MF”, Multi- Family Residential District, “C-1”, Light Commercial District, and “PMXD-1”, Planned Mixed Use District with written narrative.

Page: 1 of 6

Item Reference:

The applicant is requesting the zone change to allow for a mixture of office, retail and residential uses on approximately 318.69 acres of land located generally between Old Jacksonville Highway and Waljim Road from west to east, and between Dueling Oaks and West Cumberland Road from north to south (Tracts 5A, 5B, 5C, 5D, 10, and 11A of Abstract A0562 M Long, Tracts 7B, 7C of Abstract A0794 T Price, Tracts 18A, 18A.1, 18B and 18B.1 of Abstract A0443 J Hope).

According to the Unified Development Code (UDC), the “R-1A”, Single-Family Residential District is primarily intended to accommodate development of detached, single-family housing on large individual lots. In addition, the district allows churches, schools, and accessory buildings and uses. The maximum building height is 42 feet. Setback requirements are 25 feet in the front and rear, seven and one-half feet on the interior side and 12 feet on the corner side. Minimum lot size is 9,000 square feet.

According to the UDC, the “R-1B”, Single-Family Residential District is primarily intended to accommodate development of detached, single-family housing on smaller individual lots. In addition, the district allows churches, schools, and accessory buildings and uses. The maximum building height is 42 feet. Setback requirements are 25 feet in the front and rear, six feet on the interior side and 12 feet on the corner side. Minimum lot size is 6,000 square feet.

According to the UDC, the “R-1D”, Single-Family Detached and Attached Residential District is primarily intended to accommodate single-family detached and attached housing, such as duplexes, townhouses and rowhouses on small individual lots. In addition, the district allows churches, schools, and accessory buildings and uses. The maximum building height is 42 feet. Agenda Number: Z-4

Page: 2 of 6

Setback requirements are 25 feet in the front, 15 feet in the rear, zero feet on the interior side and 12 feet on the corner side. Minimum lot size is 3,000 square feet.

According to the UDC, the “R-MF”, Multi-Family Residential District is primarily intended to accommodate multi-family development at a maximum density of 24 dwelling units per acre. In addition, the district allows churches, group living facilities, schools, and accessory buildings and uses. The maximum building height is 50 feet, however, the building height is allowed to exceed stated maximum height if front, rear and side setback are increased at least one foot for each foot of additional building height. Setback requirements are 25 feet in the front, rear, and interior side and 12 on the corner side. Minimum lot size is 12,500 square feet.

According to the UDC, the “PXR”, Planned Mixed Residential District is primarily intended to provide for medium-density development of innovative forms of detached and attached single- family housing. The PXR district is also intended to permit, where appropriate pursuant to the Tyler 1st Comprehensive Plan and Future Land Use Guide (FLUG), a mixture of single-family attached and detached housing types in areas using individually platted lots. All developments created in a PXR district must be designed and developed in accordance with an approved site development plan and submitted for approval to the Planning and Zoning Commission and to City Council.

According to the UDC, the “PMF”, Planned Multi-Family District is primarily intended to implement the Tyler 1st Comprehensive Plan by providing for the medium to high density development of condominiums, apartments, and nursing homes. A PMF development may include common open spaces, scenic and recreational areas. All developments created in a PMF district must be designed and developed in accordance with an approved site development plan and submitted for approval to the Planning and Zoning Commission and to City Council.

According to the UDC, the “C-1”, Light Commercial District allows restaurants, private clubs, antique shops, banks, service stations, offices and retail stores without any outdoor display or storage of merchandise or goods. The maximum building height allowed within this district is two and one-half stories or 42 feet in height. The setback requirements are 10 feet in the front, 10 feet in the rear, zero feet on the interior side (10 feet if abuts a residential district) and 15 feet on the corner side. The minimum lot area is 7,000 square feet. Off-street parking is determined by the specific use proposed. Properties with a commercial designation are subject to UDC Development Standards such as landscaping and tree preservation, bufferyards, and sign regulations.

According to the UDC, the “PMXD-1”, Planned Mixed Use District is primarily intended to implement the Tyler 1st Comprehensive Plan by promoting a mix of residential, retail, and services, office, institutional, park and government uses. The PMXD-1 district is intended for areas near key intersections of major arterial roadways, and other areas with access to a full range of public facilities and infrastructure. All developments created in a PMXD-1 district must be designed and developed in accordance with an approved site development plan or a written narrative detailing the development parameters with sufficient detail that it can be evaluated and submitted for approval to the Planning and Zoning Commission and to City Council. Where narrative is submitted and approved by the City Council, future site plans may be approved by staff when they are consistent with the standards included in the narrative. Agenda Number: Z-4

Page: 3 of 6

According to UDC Section 10-617, the City Council will consider the following approval criteria for zoning changes:

In addition to the zoning change criteria above, the City Council will consider the following specific objectives and criteria for approving any type of planned district currently permitted in this code:

a. A variety of housing types, employment opportunities, or commercial services to achieve a balanced community; b. An orderly and creative arrangement of all land uses with respect to each other and to the entire community; c. A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways and pedestrian walkways; d. The provisions of cultural or recreational facilities for all segments of the community; e. The location of general building envelopes to take maximum advantage of the natural and manmade environment; and f. The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services.

The adjacent properties are generally zoned “AG”, Agricultural District, “R-1A”, Single-Family Residential District, “R-1B”, Single-Family Residential District, “PUR”, Planned Unit Residential District, “PMF”, Planned Multi-Family Residential District and “C-1”, Light Commercial District. The properties are generally developed with single-family homes including large lot, medium lot, and garden homes. The “PMF” zoned properties are developed with condominiums.

The adopted Future Land Use Guide (FLUG) identifies this property as Single-Family Medium/Low Density and Mixed-Use Center. This request is generally consistent with the FLUG, but it will amend medium density residential areas to Townhouse/Garden Apartment and nonresidential areas to Mixed-Use Center.

The applicant is requesting to establish zoning appropriate for imminent development of approximately 318.69 acres of land south of the Hollytree community and along West Mud Creek. The area was annexed into the City of Tyler in 1996 and 2000 and was given an original Agenda Number: Z-4

Page: 4 of 6 zoning of “AG”, Agricultural District, which is standard practice for vacant acreage.

On August 12, 2016, the West Cumberland Road extension was completed. West Cumberland Road is a four-lane, divided arterial street that connects Old Jacksonville Highway to South Broadway Avenue. It is anticipated to become a highly-travelled thoroughfare. Maple Lane was also recently connected to Hollytree Drive. Both streets are 70 feet wide major collector streets. Hollytree is on the Master Street Plan to connect into Old Jacksonville Highway.

The applicant is proposing a mixture of residential densities as well as complimentary neighborhood-serving commercial uses. The proposed zoning recognizes that the planned thoroughfares and connections will support a diversity of residential density types. The proposed zoning allows for the appropriate transition of uses from Cumberland Road and for appropriate residential densities near the intersection of Maple Lane and Hollytree Drive (collector streets).

The applicant originally requested a zone change for the northeast corner of West Cumberland Road and Maple Lane. The request was tabled by the Planning and Zoning Commission on January 8, 2019 and February 5, 2019 to allow the applicant to meet with surrounding neighborhoods. The applicant met with homeowners from the Hollytree community on January 15, 2019, the Prestonwood community on February 12, 2019, and the Bishops Gate community on February 19, 2019. All meetings were held at the Faulkner Park Police Substation and were well-attended by members of these communities. The applicant discussed the overall plan for the Genecov property and listened to concerns from neighbors. The applicant amended portions of their request after hearing feedback from neighbors.

The applicant has submitted site narratives for the areas to be zoned “PXR”, “PMF” and “PMXD-1”. The “PXR” narrative proposes a maximum height of 42 feet and setbacks of 20 feet front, zero side interior if attached, five side interior if detached, 12 feet side corner, and 15 feet rear yard. These areas will be developed with a mixture of attached and detached housing.

“PMF” zoning near the intersection of Hollytree Drive and Maple Lane will be limited to two story or 40 feet in height with a maximum density of 15 units per acre. The UDC allows for a maximum density of 24 units per acre for multi-family zoning. Uses will be restricted to attached and detached single-family homes on one large lot and multi-family apartments. The narrative restricts Crisis Center, Halfway House, and Rescue Mission uses. The narrative also stipulates a 25 foot landscape buffer along Hollytree Drive, except for driveway access.

“PMF” zoning near the intersection of Cumberland Road and a future extension of Deer Ridge Lane (adjacent to Hamilton Commons) will be limited to a maximum height of three stories or 45 feet whereas the UDC does not stipulate a maximum height for “PMF” zoning.

“PMXD-1” development will be limited to loft residential, “RPO” and “C-1” uses. Signage will be consistent with “C-1” standards.

On April 2, 2019, the Planning and Zoning Commission held a public hearing for this request. Representatives from Genecov, Ray McKinney and Trey Brewer, spoke in favor of the request. They discussed their engagement process with the surrounding neighborhoods and the changes they made after hearing feedback. Mark Priestner, the applicant’s consultant, also discussed the Agenda Number: Z-4

Page: 5 of 6 project. A number of neighbors spoke in opposition with concerns about potential impacts to property values, traffic and the overall quality of the area. There was considerable discussion about the proposed “R-MF” zoning near the west end of the property. Owners within the Bishops Gate community were concerned about the view of multi-family housing along the Legacy Trail. The applicant discussed that they will place a stipulation in the deed restrictions to leave a buffer to protect the view. Staff notes that a potential deed restriction will not be enforceable by the City and that the restriction cannot be added to “R-MF” zoning approval.

As of Friday, April 12, 2019, of the 138 notices mailed, two notices were returned in favor of the request and 33 were returned in opposition with a total protest calculation of 6.49 percent. Other forms of notice were provided including a publication in the Tyler Morning Telegraph and yellow signs posted in highly visible locations on the property. A number of neighbors from outside of the 200 foot mailed notification area submitted letters in opposition as well.

Neighbors in opposition to the request cited concerns with the potential impact to property values, loss of trees, increased traffic in the area and multi-family development. While “R-1D” zoning allows for attached units (townhomes), it is still single-family zoning as each unit will be on an individual lot. “R-1D” also allows for a diversity of housing types for all stages of the life cycle. The “PMF” zoning is located in areas that are either already zoned for multi-family use or nearby mixed-use centers. Higher density housing near neighborhood-serving commercial areas can alleviate vehicle trips elsewhere on the street system and promote alternative modes of transportation.

All other departments have reviewed the application and anticipate no significant impact on services and facilities by the proposed rezoning request.

RECOMMENDATION:

The Planning and Zoning Commission by a 4-2 vote recommends approval of the zone change from “AG”, Agricultural District and “R-1A”, Single-Family Residential District to “R-1A”, Single-Family Residential District, “R-1B”, Single-Family Residential District, “R-1D”, Single- Family Attached/Detached Residential District, “PXR”, Planned Mixed Residential District with written narrative, “PMF”, Planned Multi-Family Residential District with written narrative, “R- MF”, Multi-Family Residential District, “C-1”, Light Commercial District, and “PMXD-1”, Planned Mixed Use District with written narrative.

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Written Narratives 3. Exhibit “B”: Proposed Zoning Map 4. Exhibit “C”: Metes and Bounds Descriptions 5. Exhibit “D”: Location Map 6. Exhibit “E”: Tyler 1st Future Land Use Map 7. Exhibit “F”: Notification

Agenda Number: Z-4

Page: 6 of 6

Drafted/Recommended By: Department Leader Heather Nick, AICP Managing Director

Edited/Submitted By: City Manager

ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM “AG”, AGRICULTURAL DISTRICT AND “R-1A”, SINGLE-FAMILY RESIDENTIAL DISTRICT TO “R-1A”, SINGLE-FAMILY RESIDENTIAL DISTRICT, “R-1B”, SINGLE-FAMILY RESIDENTIAL DISTRICT, “R-1D”, SINGLE-FAMILY ATTACHED/DETACHED RESIDENTIAL DISTRICT, “PXR”, PLANNED MIXED RESIDENTIAL DISTRICT WITH WRITTEN NARRATIVE, “PMF”, PLANNED MULTI-FAMILY RESIDENTIAL DISTRICT WITH WRITTEN NARRATIVE, “R-MF”, MULTI-FAMILY RESIDENTIAL DISTRICT, “C-1”, LIGHT COMMERCIAL DISTRICT, AND “PMXD-1”, PLANNED MIXED USE DISTRICT WITH WRITTEN NARRATIVE ON APPROXIMATELY 318.69 ACRES OF LAND LOCATED GENERALLY BETWEEN OLD JACKSONVILLE HIGHWAY AND WALJIM ROAD FROM WEST TO EAST, AND BETWEEN DUELING OAKS AND WEST CUMBERLAND ROAD FROM NORTH TO SOUTH (TRACTS 5A, 5B, 5C, 5D, 10, AND 11A OF ABST. A0562 M LONG, TRACTS 7B, 7C OF ABST. A0794 T PRICE, TRACTS 18A, 18A.1, 18B AND 18B.1 OF ABST. A0443 J HOPE); DIRECTING THE AMENDMENT OF THE ZONING MAP; DIRECTING THE AMENDMENT OF THE FUTURE LAND USE GUIDE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following zone change is hereby approved as follows:

I. APPLICATION PD18-033

That the following described property, which has heretofore been zoned “AG”, Agricultural District and “R-1A”, Single-Family Residential District shall hereafter bear the zoning classification of “R-1A”, Single-Family Residential District, “R-1B”, Single-Family Residential District, “R-1D”, Single-Family Attached/Detached Residential District, “PXR”, Planned Mixed Residential District with written narrative, “PMF”, Planned Multi-Family Residential District with written narrative, “R-MF”, Multi-Family Residential District, “C-1”, Light Commercial District, and “PMXD-1”, Planned Mixed Use District with written narrative, to wit:

Approximately 318.69 acres of land located generally between Old Jacksonville Highway and Waljim Road from west to east, and between Dueling Oaks and West Cumberland Road from north to south (Tracts 5A, 5B, 5C, 5D, 10, and 11A of Abst. A0562 M Long, Tracts 7B, 7C of Abst. A0794 T Price, Tracts 18A, 18A.1, 18B and 18B.1 of Abst. A0443 J Hope), in accordance with Exhibit “A” and as described by Exhibits “B” and “C”, all attached hereto and incorporated herein.

PART 2: That the City Manager is hereby ordered and directed to cause the zoning map to be amended to reflect the above described zoning and the Future Land Use Guide to reflect Single-Family and Single-Family Attached Medium/High Density (“R-1D” and “PXR” areas) and Mixed-Use Center (“R-MF”, “PMF”, “C-1”, and “PMXD-1” areas).

PASSED AND APPROVED this the 24th day of April A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK STEVEN M. KEAN, DEPUTY CITY ATTORNEY ORDINANCE 0-2019___ EXHIBIT “A” WRITTEN NARRATIVES 1 OF 2

ORDINANCE 0-2019___ EXHIBIT “A” WRITTEN NARRATIVES 2 OF 2

ORDINANCE 0-2019___ EXHIBIT “B” PROPOSED ZONING MAP

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 1 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 2 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 3 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 4 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 5 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 6 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 7 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 8 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 9 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 10 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 11 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 12 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 13 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 14 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 15 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 16 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 17 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 18 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 19 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 20 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 21 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 22 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 23 OF 24

ORDINANCE O-2019___ EXHIBIT “C” METES AND BOUNDS DESCRIPTIONS 24 OF 24

EXHIBIT “D” LOCATION MAP

EXHIBIT “E” TYLER 1ST FUTURE LAND USE GUIDE

EXHIBIT “F” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-5

Date: April 24, 2019

Subject: Z19-005 GARAGE PROPERTIES LLC (412 AND 418 EAST ERWIN STREET) Request that the City Council consider approving a zone change from “M- 1”, Light Industrial District to “DBAC”, Downtown Business, Arts and Culture District.

Page: 1 of 2

Item Reference:

The applicant is requesting the zone change to utilize appropriate zoning for downtown properties on Lots 8A and 8B of NCB 38, two lots containing approximately 0.56 acres of land located north of the intersection of Adams Avenue and East Erwin Street (412 and 418 East Erwin Street).

According to the Unified Development Code (UDC), the “DBAC”, Downtown Business, Arts and Culture District, is primarily intended to accommodate development and redevelopment in downtown that will create a walkable, mixed-use city center with residential, commercial, entertainment, arts, institutional, park and governmental land uses. The minimum lot area is 2,500 square feet. The minimum height is 25 feet. The maximum building height is 20 stories. The setback requirements are zero feet in the front, zero feet in the rear, zero feet on the interior side and zero feet on the corner side.

According to UDC Section 10-617, the City Council will consider the following approval criteria for zoning changes:

All adjacent properties are zoned “M-1”, Light Industrial District. The properties to the north and south are a mixture of undeveloped land and single-family homes. The properties to the east are developed with a restaurant and a garage. The property to the west is developed with retail businesses.

This request is consistent with the Tyler 1st Future Land Use Guide, which identifies this property as High-Density Mixed Use.

Agenda Number: Z-5

Page: 2 of 2

The subject property is the location of the Garage Bar, which is situated in the Downtown Planning Area as identified in Tyler 1st Comprehensive Plan. The applicant plans to renovate and expand into the westernmost building adding approximately 6,232 square feet to the existing building. The expansion requires addition of parking spaces to comply with the parking requirements. Rezoning the property to DBAC will exempt the property from off-street parking requirements. However, the applicant plans to use both the head-on parking and the designated parking lot to the east. The Tyler 1st Comprehensive Plan encourages use of an efficient parking plan using on-street parking and the Fair Parking Garage for parking demands in downtown and eliminating the lightly used private parking lots.

On April 2, 2019 the Planning and Zoning Commission held a public hearing on this request. No one spoke in favor or in opposition of the request.

As of Friday, April 12, 2019, of the 17 notices mailed, no notices were returned in favor or in opposition to the request.

All other departments have reviewed the application and anticipate a positive impact on services and facilities by the proposed rezoning request.

RECOMMENDATION:

The Planning and Zoning Commission by a 7-0 vote recommends to change the zoning from “M-1”, Light Industrial District to “DBAC”, Downtown Business, Arts and Culture District.

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Location Map 3. Exhibit “B”: Tyler 1st Future Land Use Map 4. Exhibit “C”: Notification Map

Drafted/Recommended By: Department Leader Heather Nick Managing Director of Planning and Economic Development

Edited/Submitted By: City Manager

ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM “M-1”, LIGHT INDUSTRIAL DISTRICT TO “DBAC”, DOWNTOWN BUSINESS, ARTS AND CULTURE DISTRICT ON LOTS 8A AND 8B OF NCB 38, TWO LOTS CONTAINING APPROXIMATELY 0.56 ACRES OF LAND LOCATED NORTH OF THE INTERSECTION OF ADAMS AVENUE AND EAST ERWIN STREET (412 AND 418 EAST ERWIN STREET); DIRECTING THE AMENDMENT OF THE ZONING MAP; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following zone change is hereby approved as follows:

I. APPLICATION Z19-005

That the following described property, which has heretofore been zoned “M-1”, Light Industrial District, shall hereafter bear the zoning classification of “DBAC”, Downtown Business, Arts and Culture District, to wit:

Lots 8A and 8B of NCB 38, two lots containing approximately 0.56 acres of land located north of the intersection of Adams Avenue and East Erwin Street (412 and 418 East Erwin Street).

PART 2: That the City Manager is hereby ordered and directed to cause the zoning map to be amended to reflect the above described zoning.

PART 4: That this ordinance shall be effective on and after its date of passage and approval by the City Council.

PASSED AND APPROVED this the 24th day of April A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” LOCATION MAP

EXHIBIT “B” TYLER 1st FUTURE LAND USE MAP

EXHIBIT “C” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-6

Date: April 24, 2019

Subject: Z19-006 TYLERTEX HOLDINGS LLC (7906 AND 7716 NEIGHBORS ROAD) Request that the City Council consider approving a zone change from “M- 2”, General Industrial District to “R-1B” Single-Family Residential District.

Page: 1 of 2

Item Reference:

The applicant is requesting the zone change in order to build single-family homes on Tracts 2E and 3, two tracts containing approximately 33.96 acres of land located at the northeast intersection of Neighbors Road and Toll 49 (7906 and 7716 Neighbors Road).

According to the Unified Development Code (UDC), the “R-1B”, Single-Family Residential District is primarily intended to accommodate development of detached, single-family housing on smaller individual lots. In addition, the district allows churches, schools, and accessory buildings and uses. The maximum building height is 42 feet. Setback requirements are 25 feet in the front and rear, six feet on the interior side and 12 feet on the corner side. Minimum lot size is 6,000 square feet.

According to UDC Section 10-617, the City Council will consider the following approval criteria for zoning changes:

The adjacent properties to the north are zoned “AG”, Agricultural District and “M-2”, General Industrial District. They are developed with a single-family house and a treatment facility for Liberty Utilities. The adjacent properties to the east and south are zoned “AG”, Agricultural District and “R-1A”, Single- Family Residential District and are undeveloped.

The Tyler 1st Future Land Use Guide (FLUG) identifies this property as Single-Family Low Density and Single-Family Medium/Low Density. This request would amend the FLUG to Single-Family Medium/Low Density where applicable. Agenda Number: Z-6

Page: 2 of 2

The existing “M-2” zoning was established at the time of annexation of this area in 2000. Industrial zoning was adopted to allow Tall Timbers Utilities, now Liberty Utilities, to be in conformance with zoning for possible expansion. The eastern half of the subject properties are located within the FEMA floodplain.

The applicant is requesting the zone change to market the property for residential development. Given the size of the tracts, minus floodplain, approximately 140 residential units could be developed. The overall density would be determined by the number of possible access points that could be provided. Subdivisions with 61 or more lots require two points of access to existing streets or future streets per the Master Street Plan.

On April 2, 2019 the Planning and Zoning Commission held a public hearing on this request. No one spoke in favor of the request. James Dawes spoke in opposition with concerns related to traffic safety and visibility. Staff discussed that the property is currently zoned for heavy industrial activity and that the potential density is limited by the number of possible access points to the existing or planned street network given the nearby bridge over Toll 49.

As of Friday, April 12, 2019, of the eight notices mailed, no notices were returned in favor of the request and one was returned in opposition from a property owner located outside of the Tyler city limits. The opposition was concerned with additional traffic and access points along Neighbors Road.

All other departments have reviewed the application and anticipate a positive significant impact on services and facilities by the proposed rezoning request.

RECOMMENDATION:

The Planning and Zoning Commission by a 7-0 vote recommends to change the zoning from “M-2”, General Industrial District to “R-1B” Single-Family Residential District..

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Location Map 3. Exhibit “B”: Tyler 1st Future Land Use Map 4. Exhibit “C”: Notification Map

Drafted/Recommended By: Department Leader Heather Nick Managing Director of Planning and Economic Development

Edited/Submitted By: City Manager

ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM “M-2”, GENERAL INDUSTRIAL DISTRICT TO “R-1B” SINGLE- FAMILY RESIDENTIAL DISTRICT ON TRACTS 2E AND 3, TWO TRACTS CONTAINING APPROXIMATELY 33.96 ACRES OF LAND LOCATED AT THE NORTHEAST INTERSECTION OF NEIGHBORS ROAD AND TOLL 49 (7906 AND 7716 NEIGHBORS ROAD); DIRECTING THE AMENDMENT OF THE ZONING MAP; DIRECTING THE AMENDMENT OF THE FUTURE LAND USE GUIDE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following zone change is hereby approved as follows:

I. APPLICATION Z19-006

That the following described property, which has heretofore been zoned “M-2”, General Industrial District, shall hereafter bear the zoning classification of “R-1B”, Single-Family Residential District, to wit:

Tracts 2E and 3, two tracts containing approximately 33.96 acres of land located at the northeast intersection of Neighbors Road and Toll 49 (7906 and 7716 Neighbors Road).

PART 4: That this ordinance shall be effective on and after its date of passage and approval by the City Council.

PASSED AND APPROVED this the 24th day of April A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” LOCATION MAP

EXHIBIT “B” TYLER 1st FUTURE LAND USE MAP

EXHIBIT “C” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-7

Date: April 24, 2019

Subject: Z19-007 PARSLEY DWIGHT & KATHY (1937 DEERBROOK DRIVE) Request that the City Council consider approving a zone change from “M- 1”, Light Industrial District to “C-2” General Commercial District.

Page: 1 of 2

Item Reference:

The applicant is requesting the zone change to operate a child daycare facility on Lots 4 and 5 of NCB 01, two lots containing approximately 0.82 acres of land located at the southwest intersection of Doe Lane and Deerbrook Drive (1937 Deerbrook Drive).

According to the Unified Development Code (UDC), the “C-2”, General Commercial District allows automobile garages and sales lots, hotels, restaurants, warehouses, offices, and retail establishments with outdoor display or storage of merchandise. The maximum building height allowed within the “C-2” District is three stories or 45 feet in height. The setback requirements are 10 feet in the front, 10 feet in the rear, zero feet on the interior side (10 feet if abuts a residential district) and 15 feet on the corner side. The minimum lot area is 14,000 square feet. Off-street parking for commercial-type uses is determined by the specific use proposed. Properties with a commercial designation are subject to UDC Development Standards such as landscaping and tree preservation, bufferyards, and sign regulations.

According to UDC Section 10-617, the City Council will consider the following approval criteria for zoning changes:

The adjacent properties to the east and west are zoned “M-1”, Light Industrial District and are the locations of East Texas Gem and Mineral Society and SiteOne Landscape Supply, respectively. The property to the north is zoned “C-2”, General Commercial District and is the location of Texas East Kids. The property to the south is zoned “AG”, Agricultural District and is undeveloped. Agenda Number: Z-7

Page: 2 of 2

The Tyler 1st Future Land Use Guide (FLUG) identifies this property as Light Industrial and Warehouse. The zoning request would amend the FLUG to General Commercial.

The subject property is the location of Texas East Kids, a gymnastics studio. The facility offers gymnastics, soccer, ninja, piano and other classes for children. The applicant is requesting to operate a daycare facility that will be open to the public in addition to the current programs offered. The applicant is in the process of obtaining a license to operate a daycare facility. In 2012, the property to the north, which is also owned by Texas East Kids, was rezoned from M-1 to C-2 to operate the gymnastics studio.

On April 2, 2019 the Planning and Zoning Commission held a public hearing on this request. No one spoke in favor of the request. Martin Parsley, the applicant was present to answer questions.

As of Friday, April 12, 2019, of the nine notices mailed, no notices were returned in favor or in opposition to the request.

All other departments have reviewed the application and anticipate no significant impact on services and facilities by the proposed rezoning request.

RECOMMENDATION:

The Planning and Zoning Commission by a 7-0 vote recommends to change the zoning from “M-1”, Light Industrial District to “C-2”, General Commercial District.

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Location Map 3. Exhibit “B”: Tyler 1st Future Land Use Map 4. Exhibit “C”: Notification Map

Drafted/Recommended By: Department Leader Heather Nick Managing Director of Planning and Economic Development

Edited/Submitted By: City Manager

ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; BY CHANGING THE ZONING FROM “M-1”, LIGHT INDUSTRIAL DISTRICT TO “C-2” GENERAL COMMERCIAL DISTRICT ON LOTS 4 AND 5 OF NCB 01, TWO LOTS CONTAINING APPROXIMATELY 0.82 ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF DOE LANE AND DEERBROOK DRIVE (1937 DEERBROOK DRIVE); DIRECTING THE AMENDMENT OF THE ZONING MAP; DIRECTING THE AMENDMENT OF THE FUTURE LAND USE GUIDE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following zone change is hereby approved as follows:

I. APPLICATION Z19-007

That the following described property, which has heretofore been zoned “M-1”, Light Industrial District shall hereafter bear the zoning classification of “C-2”, General Commercial District, to wit:

Lots 4 and 5 of NCB 01, two lots containing approximately 0.82 acres of land located at the southwest intersection of Doe Lane and Deerbrook Drive (1937 Deerbrook Drive).

PART 2: That the City Manager is hereby ordered and directed to cause the zoning map to be amended to reflect the above described zoning and the Future Land Use Guide to reflect General Commercial.

PART 4: That this ordinance shall be effective on and after its date of passage and approval by the City Council.

PASSED AND APPROVED this the 24th day of April A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM CITY ATTORNEY

EXHIBIT “A” LOCATION MAP

EXHIBIT “B” TYLER 1st FUTURE LAND USE MAP

EXHIBIT “C” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-8

Date: April 24, 2019

Subject: Z19-002 ZB3 PROPERTIES LLC (2469 EARL CAMPBELL PARKWAY) Request that the City Council consider approving a “PCD”, Planned Commercial District amendment with a written narrative.

Page: 1 of 3

Item Reference:

The applicant is requesting the amendment to change the final site plan to a written narrative and to restrict certain uses on Lot 13G of NCB 852-T, one lot totaling approximately 2.69 acres of land located east of the northeast intersection of Bennett Avenue and Earl Campbell Parkway (2469 Earl Campbell Parkway).

According to the Unified Development Code (UDC), the “PCD”, Planned Commercial Development District will be designated where retail, commercial, office and limited industrial facilities are needed throughout the city. All development created in a PCD district must be designed and developed in accordance with an approved site development plan and submitted for approval to the Planning and Zoning Commission and to City Council.

According to UDC Section 10-617, the City Council will consider the following approval criteria for zoning changes:

Agenda Number: Z-8

Page: 2 of 3

The adjacent properties to the north and west are zoned “M-2”, General Industrial District and “M-1”, Light Industrial District and are the locations of a concrete manufacturing facility and undeveloped land. The adjacent properties to the east are zoned “M-1”, Light Industrial District and are the location of True Vine Brewing/Sola Bread Company and undeveloped land. The adjacent properties to the south are zoned “C-1”, Light Commercial District and consists of undeveloped land.

This request is consistent with the Tyler 1st Future Land Use Guide (FLUG), which identifies this property as General Commercial.

The subject property is located within the Tyler Industrial Park, which is generally bounded by Earl Campbell Parkway to the south, a St. Louis Railroad line to the east, Shaw Street to the north, and Loop 323 to the west. A majority of the properties in the Park property are zoned “M- 1” or “M-2”. However, many of these properties are currently occupied by a use that would be more in line with a “C-1” or “C-2” zoning district designation.

On December 12, 2018, the applicant rezoned this property from “M-1”, Light Industrial District to “PCD”, Planned Commercial District with a final site plan. The site plan showed four buildings on the site limited to commercial and retail space. The applicant originally sought to allow for loft apartments atop two of the buildings, however the plan was revised after it generated opposition from neighboring property owners. The opposition stated that the area was not conducive to residential use because of the existing heavy industrial uses in the area.

On March 5, 2019, the applicant requested “C-2” zoning before the Planning and Zoning Commission. The purpose of the request was to allow additional uses as well as to provide flexibility by eliminating the site plan. The final site plan provided assurance that no commercial group living such as assisted living or skilled nursing facilities would be constructed. “C-2” zoning would have potentially allowed these uses as well as a tattoo studio. Neighboring property owners were concerned that the “C-2” would allow uses that are not compatible with their operations.

Agenda Number: Z-8

Page: 3 of 3

The applicant has amended their request and is requesting to replace the final site plan with a written narrative. The written narrative limits the density of the development to 25,000 square feet in gross floor area. Parking requirements will be per the UDC and the number will be determined by the type and square footage of uses. The narrative proposes that all “PCD” uses be allowed with the exception of uses in the Residential Group Living category in the UDC. This in effect prohibits assisted living and skilled nursing facilities, as well as crisis centers and halfway homes. Setbacks will be consistent with “C-1” standards and signage will be consistent with “C-2” zoning standards.

On April 2, 2019, the Planning and Zoning Commission held a public hearing for this request. Jim Lowden, the applicant, spoke in favor of the request. No one spoke in opposition.

As of Friday, April 12, 2019, of the five notices mailed, no notices were returned in favor and three were returned in opposition with a total protest calculation of 46.22 percent. As the protest exceeds 20 percent, a favorable vote of three-fourths of the City Council will be required to approve this request. Opposition cited concerns with allowable uses in “C-2” and potential density of the development, however the applicant has amended their request to limit uses to “PCD”, restrict Group Living uses, and has established a maximum density since making their initial request.

All other departments have reviewed the application and anticipate no significant impact on services or facilities by the proposed rezoning request.

RECOMMENDATION:

The Planning and Zoning Commission by a 7-0 vote recommends approval of the zone change from approving a “PCD”, Planned Commercial District amendment with a written narrative.

ATTACHMENTS: 1. Ordinance 2. Exhibit “A”: Written Narrative 3. Exhibit “B”: Location Map 4. Exhibit “C”: Tyler 1st Future Land Use Map 5. Exhibit “D”: Notification

Drafted/Recommended By: Department Leader

Heather Nick, AICP Managing Director

Edited/Submitted By: City Manager

ORDINANCE NO. O-2019-

AN ORDINANCE AMENDING THE CITY OF TYLER ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS; APPROVING A “PCD”, PLANNED COMMERCIAL DEVELOPMENT DISTRICT AMENDMENT ON LOT 13G OF NCB 852-T, ONE LOT TOTALING APPROXIMATELY 2.69 ACRES OF LAND LOCATED EAST OF THE NORTHEAST INTERSECTION OF BENNETT AVENUE AND EARL CAMPBELL PARKWAY (2469 EARL CAMPBELL PARKWAY); DIRECTING THE AMENDMENT OF THE ZONING MAP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the following zone change is hereby approved as follows:

I. APPLICATION Z19-002

That the existing site development plan is hereby amended by approving the written narrative attached hereto as Exhibit “A”, on the following described property zoned “PCD”, Planned Commercial Development District, to wit:

Lot 13G of NCB 852-T, one lot totaling approximately 2.69 acres of land located east of the northeast intersection of Bennett Avenue and Earl Campbell Parkway (2469 Earl Campbell Parkway) and in accordance with Exhibit “A” which is attached hereto and incorporated herein.

PART 2: That the City Manager is hereby ordered and directed to cause the zoning map to be amended to reflect the above described zoning.

PASSED AND APPROVED this the 24th day of April A.D., 2019.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

______CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM CITY ATTORNEY ORDINANCE 0-2019___ EXHIBIT “A” WRITTEN NARRATIVE

EXHIBIT “B” LOCATION MAP

EXHIBIT “C” TYLER 1ST FUTURE LAND USE GUIDE

EXHIBIT “D” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-1

Date: April 24, 2019

Subject: Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 845 Turner Avenue within the Tyler city limits and owned by taxing entities including the City of Tyler.

Page: 1 of 2

Item Reference:

The City of Tyler has contracts with Smith County to provide tax collection services for the City. Smith County also contracts with a private law firm to provide delinquent tax collection work for many Smith County taxing entities. One of the services provided by that law firm is to sell certain properties from time to time upon which a delinquent tax judgment has been entered. The purpose of such a sale is both to receive any money that might be obtained from a new buyer, but also to place the properties back on the tax rolls. Sometimes, however, there just is no bidder at such sales or the bid is so low that it is not in the taxing entities’ interests to accept the bid.

This request is from the taxing entities’ law firm, and it concerns tracts, which were previously offered at a tax sale, but became the property of the taxing entities because there were either no bids or insufficient bids. Since the date of the tax sale, potential buyers have come forward, and in order for such sale to be authorized, the governing bodies of all involved taxing entities must consent to the sale. This type of sale arrangement is permitted under Section 34.05 of the Texas Property Tax Code.

The properties involved in this request along with details on when Judgments were taken, Judgment amounts, and other costs, prior owners, current bids and bidders, are set out in Exhibit “A” of the Resolution. The distribution of proceeds from such sales are governed by Sections 34.06 and 34.02 of the Property Tax Code and provide as follows:

“Section 34.02 Distribution of Proceeds.

(a) The proceeds of a tax sale shall be applied first to the payment of costs. The remainder shall be distributed to all taxing units participating in the sale in satisfaction of the taxes, penalties, and interest due each.

Page: 2 of 2

payment of costs in an amount equal to the proportion its taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

(c) If the sale is pursuant to foreclosure of a tax lien, the officer conducting the sale shall pay any excess proceeds after payment of all costs and of all taxes, penalties, and interest due all participants in the sale to the clerk of the court issuing the order of sale.

(d) If the sale is pursuant to seizure of personal property, the officers conducting the sale shall distribute any excess of proceeds as provided by law for excess proceeds in the case of execution."

A representative of the law firm of Linebarger Goggan Blair & Sampson, LLP, of Tyler, Texas will be present to answer questions regarding this tax sale.

RECOMMENDATION: It is recommended that the City Council adopt a Resolution authorizing the sale of certain tracts of land located at 845 Turner Avenue within the City of Tyler city limits and owned by taxing entities including the City of Tyler.

ATTACHMENTS: 1. Resolution 2. Exhibit A 3. Resale Deed 4. Correspondence from Linebarger Goggan Blair & Sampson, LLP 5. Bid Analysis 6. Property Detail 7. Property Map

Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney

Edited/Submitted By: City Manager

RESOLUTION NO. R-2019-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS AGREEING TO THE SALE OF CERTAIN PROPERTY LOCATED WITHIN TYLER CITY LIMITS AND OWNED BY TAXING ENTITIES INCLUDING THE CITY OF TYLER AS THE RESULT OF A TAX SALE: AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, The taxing entities, including the City of Tyler, Smith County, Texas, have become the owners of certain real property by virtue of the foreclosure sale conducted by the Sheriff pursuant to an order of the District Court as set out in the attachments described below: and

WHEREAS, all taxing entities involved in the below-referenced causes must consent to the sale of the described real property; and

WHEREAS, it is to the benefit of all taxing entities involved that the property be returned to its respective tax rolls;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Mayor be and is hereby directed and authorized to execute the deed and any and all documents necessary to convey the real property referred to in a District Court Order in Cause No 24,767-A; TYLER INDEPENDENT SCHOOL DISTRICT VS. VERNELL PARKS, ET AL; Being Lot 12, NCB 852, Part of the J.H. Herndon Subdivision, situated in the Tyre Buckley Survey, as described in Warranty Deed with Vendor's lien recorded in Volume 987, Page 7, on Instrument filed August 8, 1960, and being described in Deed Of Trust to Vernell Parks and Gertha Parks, recorded in Volume 2367, Page 264, on Instrument filed February 6, 1985, Deed Records of Smith County, Texas (150000085200012000 ) to the buyer for and in consideration of the cash bid; all as described in the attached Exhibit “A”, said monies to be distributed pursuant to Section 34.05 of the Texas Property Tax Code.

PART 2: That this resolution shall take effect immediately upon adoption.

ADOPTED this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” TO RESOLUTION R-2019-______

Cause No. 24,767-A

Date of Tax Sale December 1, 2015

Taxes Due: $5,115.99 Tyler ISD $ 936.61 Smith County $ 489.15 TJC $1,555.53 City of Tyler

Adjudged Value $3,000.00

Acct. No. (150000085200012000)

Present Bid $1,501.00

Bidder BIO CONSTRUCTION 2001 E. LAKE STREET TYLER, TEXAS 75701

PROPERTY DESCRIPTION

BEING LOT 12, NCB 852, PART OF THE J.H. HERNDON SUBDIVISION, SITUATED IN THE TYRE BUCKLEY SURVEY, AS DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN VOLUME 987, PAGE 7, ON INSTRUMENT FILED AUGUST 8, 1960, AND BEING DESCRIBED IN DEED OF TRUST TO VERNELL PARKS AND GERTHA PARKS, RECORDED IN VOLUME 2367, PAGE 264, ON INSTRUMENT FILED FEBRUARY 6, 1985, DEED RECORDS OF SMITH COUNTY, TEXAS (150000085200012000

IN TESTIMONY WHEREOF CITY OF TYLER has caused these presents to be executed this day of , 2019.

CITY OF TYLER

By: Martin Heines Mayor

STATE OF TEXAS §

COUNTY OF SMITH §

This instrument was acknowledged before me on this day of , 2019, by Martin Heines, Mayor of the CITY OF TYLER.

Printed Name: Notary Public, State of Texas My Commission Expires:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 West Front Street Suite 202 Tyler, Tx 75702 ______

Main: 903-597-2897

August ______, 2018

Email: [email protected] Direct: 903-597-2897

Deborah G. Pullum, City Attorney City of Tyler 212 N. Bonner Tyler, Texas 75702

RE: Agenda Item(s): SUIT NO. 24,767-A; TYLER INDEPENDENT SCHOOL DISTRICT VS. VERNELL PARKS, ET AL

Dear Mrs. Pullum:

Enclosed for the earliest Tyler City Council meeting is a resolution authorizing the Mayor to approve the bid for the sale of the above Struck Off property. The bidder and the amount being bid is stated in the attached exhibit.

The taxing entities in Smith County became owners of this property by virtue of a tax foreclosure sale conducted by the Sheriff of Smith County, pursuant to an order of the court in this case.

When the scheduled meeting has been determined, please notify us by returning this letter with the date and time of the meeting.

FAX #: 903-597-2402

ATTN: Tammy Weaver

Date: ______

Time: ______

Comments: ______

or e-mail to: [email protected]

Very truly yours,

Tammy Weaver Area Manager

TW/srm cc: Gary B. Barber Tax Assessor-Collector Smith County 1517 W. Front Street Tyler, TX 75702 SUIT NO. 24,767-A; TYLER INDEPENDENT SCHOOL DISTRICT VS. VERNELL PARKS, ET AL P40

EXHIBIT “A” BID ANALYSIS

Cause Number: 24,767-A Previous Owner: Vernell Parks Bid Amount: $1,501.00 Judgment Value: $3,000.00 Bidders Name: Bio Construction Opening Bid at Sale: $ Bidders Address: 2001 E. Lake Street Date of Sale: December 1, 2015 Tyler, Texas 75701 Date of Bid Submitted: May 31, 2018

Sale Recording Date: December 29, 2015 Redemption Expires: June 29, 2016

PROPERTY DESCRIPTION

Being Lot 12, NCB 852, Part of the J.H. Herndon Subdivision, situated in the Tyre Buckley Survey, as described in Warranty Deed with Vendor's lien recorded in Volume 987, Page 7, on Instrument filed August 8, 1960, and being described in Deed Of Trust to Vernell Parks and Gertha Parks, recorded in Volume 2367, Page 264, on Instrument filed February 6, 1985, Deed Records of Smith County, Texas. (150000085200012000)

SITUS OR LOCATION: 845 Turner Ave.

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due

TYLER ISD 1993-2014 $5,115.99

SMITH COUNTY 1993-2014 $ 936.61

TYLER JUNIOR COLLEGE 1993-2014 $ 489.15

CITY OF TYLER 1993-2014 $1,555.53

TOTAL: $8,097.17

COSTS Court Costs $821.00 Sheriff’s Fees: $170.00 Publication Fee: $ 74.64 Title Research: $200.00 Recording Fee: $ 62.00

TOTAL: $1,327.64

PROPOSED DISTRIBUTION

Bid Amount: $1,501.00 Costs: $1,327.64 Net to Distribute: $ 173.36

ENTITY PERCENTAGE AMOUNT TO DISBURSE

TYLER ISD 63% $109.22

SMITH COUNTY 12% $ 20.80

TYLER JUNIOR COLLEGE 6% $ 10.40

CITY OF TYLER 19% $ 32.94

TOTAL: $173.36

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-2

Date: April 24, 2019

Subject: Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1009 South Englewood Street within the Tyler city limits and owned by taxing entities including the City of Tyler.

Page: 1 of 2

Item Reference: The City of Tyler has contracts with Smith County to provide tax collection services for the City. Smith County also contracts with a private law firm to provide delinquent tax collection work for many Smith County taxing entities. One of the services provided by that law firm is to sell certain properties from time to time upon which a delinquent tax judgment has been entered. The purpose of such a sale is both to receive any money that might be obtained from a new buyer, but also to place the properties back on the tax rolls. Sometimes, however, there just is no bidder at such sales or the bid is so low that it is not in the taxing entities' interests to accept the bid.

“Section 34.02 Distribution of Proceeds.

(b) If the proceeds are not sufficient to pay the costs and taxes, penalties, and interest due all participants in the sale, each participant is entitled to a share of the proceeds after payment of costs in an amount equal to the proportion its taxes, penalties, and interest Agenda Number: C-A-2

Page: 2 of 2

bear to the total amount of taxes, penalties, and interest due all participants in the sale.

(d) If the sale is pursuant to seizure of personal property, the officers conducting the sale shall distribute any excess of proceeds as provided by law for excess proceeds in the case of execution.”

A representative of the law firm of Linebarger Goggan Blair & Sampson, LLP, of Tyler, Texas will be present to answer questions regarding this tax sale.

RECOMMENDATION: It is recommended that the City Council adopt a Resolution authorizing the sale of certain tracts of land located at 1009 South Englewood Street within the City of Tyler city limits and owned by taxing entities including the City of Tyler.

ATTACHMENTS: 1. Resolution 2. Exhibit A 3. Resale Deed 4. Correspondence from Linebarger Goggan Blair & Sampson, LLP 5. Bid Analysis 6. Property Detail 7. Property Map

Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney

Edited/Submitted By: City Manager

RESOLUTION NO. R-2019-

WHEREAS, all taxing entities involved in the below-referenced causes must consent to the sale of the described real property; and

WHEREAS, it is to the benefit of all taxing entities involved that the property be returned to its respective tax rolls;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Mayor be and is hereby directed and authorized to execute the deed and any and all documents necessary to convey the real property referred to in a District Court Order in Cause No 21,827-C; TYLER INDEPENDENT SCHOOL DISTRICT VS. DAVID BLACK, ET AL; BEING LOT 450-A, ALSO DESCRIBED AS LOT 450 AND THE SOUTH HALF OF LOT 451, PER MAP IN VOLUME 269, PAGE 399, NEW CITY BLOCK 663, PART OF THE CONNALLY HEIGHTS ADDITION, LOCATED AT 1009 S. ENGLEWOOD AVE., AS DESCRIBED IN WARRANTY DEED FROM RALPH M. BUSH AND RUTH L. BUSH TO DAVID BLACK AND ANTONIA BLACK, RECORDED IN VOLUME 3067, PAGE 354, ON INSTRUMENT FILED JULY 18, 1990, SMITH COUNTY TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF SMITH COUNTY UNDER ACCOUNT NUMBER 150000066300450010 to the buyer for and in consideration of the cash bid; all as described in the attached Exhibit “A”, said monies to be distributed pursuant to Section 34.05 of the Texas Property Tax Code.

PART 2: That this resolution shall take effect immediately upon adoption.

ADOPTED this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” TO RESOLUTION R-2019-______

Cause No. 21,827-C

Date of Tax Sale October 6, 2009

Taxes Due: $7,730.35 Tyler ISD $1,361.72 Smith County $ 668.41 TJC $1,388.94 City of Tyler

Adjudged Value $6,000.00

Acct. No. (150000066300450010)

Present Bid $5,900.00

Bidder R. WADE WASHMON 1103 S. WALL TYLER, TEXAS 75701

PROPERTY DESCRIPTION

BEING LOT 450-A, ALSO DESCRIBED AS LOT 450 AND THE SOUTH HALF OF LOT 451, PER MAP IN VOLUME 269, PAGE 399, NEW CITY BLOCK 663, PART OF THE CONNALLY HEIGHTS ADDITION, LOCATED AT 1009 S. ENGLEWOOD AVE., AS DESCRIBED IN WARRANTY DEED FROM RALPH M. BUSH AND RUTH L. BUSH TO DAVID BLACK AND ANTONIA BLACK, RECORDED IN VOLUME 3067, PAGE 354, ON INSTRUMENT FILED JULY 18, 1990, SMITH COUNTY TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF SMITH COUNTY UNDER ACCOUNT NUMBER 150000066300450010

IN TESTIMONY WHEREOF CITY OF TYLER has caused these presents to be executed this day of , 2019.

CITY OF TYLER

By: Martin Heines Mayor

STATE OF TEXAS §

COUNTY OF SMITH §

This instrument was acknowledged before me on this day of , 2019, by Martin Heines, Mayor of the CITY OF TYLER.

Printed Name: Notary Public, State of Texas My Commission Expires:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 West Front Street Suite 202 Tyler, Tx 75702 ______

Main: 903-597-2897

August ______, 2018

Email: [email protected] Direct: 903-597-2897

Deborah G. Pullum, City Attorney City of Tyler 212 N. Bonner Tyler, Texas 75702

RE: Agenda Item(s): SUIT NO. 21,827-C TYLER INDEPENDENT SCHOOL DISTRICT VS. DAVID BLACK, ET AL

Dear Mrs. Pullum:

The taxing entities in Smith County became owners of this property by virtue of a tax foreclosure sale conducted by the Sheriff of Smith County, pursuant to an order of the court in this case.

When the scheduled meeting has been determined, please notify us by returning this letter with the date and time of the meeting.

FAX #: 903-597-2402

ATTN: Tammy Weaver

Date: ______

Time: ______

Comments: ______

or e-mail to: [email protected]

Very truly yours,

Tammy Weaver Area Manager

TW/srm cc: Gary B. Barber Tax Assessor-Collector Smith County 1517 W. Front Street Tyler, TX 75702 SUIT NO. 21,827-C TYLER INDEPENDENT SCHOOL DISTRICT VS. DAVID BLACK, ET AL P196

EXHIBIT “A” BID ANALYSIS

Cause Number: 21,827-C Previous Owner: David Black, et ux Bid Amount: $3,001.00 Judgment Value: $6,000.00 Bidders Name: Bio Construction Opening Bid at Sale: $ Bidders Address: 2001 E. Lake Street Date of Sale: October 6, 2009 Tyler, Texas 75701 Date of Bid Submitted: May 31, 2018

Sale Recording Date: October 16, 2009 Redemption Expires: April 16, 2009

PROPERTY DESCRIPTION BEING LOT 450-A, ALSO DESCRIBED AS LOT 450 AND THE SOUTH HALF OF LOT 451, PER MAP IN VOLUME 269, PAGE 399, NEW CITY BLOCK 663, PART OF THE CONNALLY HEIGHTS ADDITION, LOCATED AT 1009 S. ENGLEWOOD AVE., AS DESCRIBED IN WARRANTY DEED FROM RALPH M. BUSH AND RUTH L. BUSH TO DAVID BLACK AND ANTONIA BLACK, RECORDED IN VOLUME 3067, PAGE 354, ON INSTRUMENT FILED JULY 18, 1990, SMITH COUNTY TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF SMITH COUNTY UNDER ACCOUNT NUMBER 150000066300450010

SITUS OR LOCATION: 1009 S. Englewood Street

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due

TYLER ISD 1998-2008 $7,730.35

SMITH COUNTY 1998-2008 $1,361.72

TYLER JUNIOR COLLEGE 1998-2008 $ 668.41

CITY OF TYLER 1998-2008 $1,388.94

TOTAL: $11,149.42

COSTS Court Costs $341.00 Sheriff’s Fees: $170.00 Publication Fee: $ 67.92 Title Research: $175.00 Recording Fee: $ 62.00

TOTAL: $815.92

PROPOSED DISTRIBUTION Bid Amount: $3,001.00 Costs: $ 815.92 Net to Distribute: $2,185.08

ENTITY PERCENTAGE AMOUNT TO DISBURSE

TYLER ISD 69% $1,507.71

SMITH COUNTY 12% $ 262.21

TYLER JUNIOR COLLEGE 6% $ 131.10

CITY OF TYLER 13% $ 284.06

TOTAL: $2,185.08

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-3

Date: April 24, 2019

Subject: Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1100 North Bois D Arc within the Tyler city limits and owned by taxing entities including the City of Tyler.

Page: 1 of 2

Item Reference:

“Section 34.02 Distribution of Proceeds.

Page: 2 of 2

payment of costs in an amount equal to the proportion its taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

A representative of the law firm of Linebarger Goggan Blair & Sampson, LLP, of Tyler, Texas will be present to answer questions regarding this tax sale.

RECOMMENDATION: It is recommended that the City Council adopt a Resolution authorizing the sale of certain tracts of land located at 1100 North Bois D Arc within the City of Tyler city limits and owned by taxing entities including the City of Tyler.

ATTACHMENTS: 1. Resolution 2. Exhibit A 3. Resale Deed 4. Correspondence from Linebarger Goggan Blair & Sampson, LLP 5. Bid Analysis 6. Property Detail 7. Property Map

Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney

Edited/Submitted By: City Manager

RESOLUTION NO. R-2019-

WHEREAS, all taxing entities involved in the below-referenced causes must consent to the sale of the described real property; and

WHEREAS, it is to the benefit of all taxing entities involved that the property be returned to its respective tax rolls;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Mayor be and is hereby directed and authorized to execute the deed and any and all documents necessary to convey the real property referred to in a District Court Order in Cause No 21,957-A; BEING LOT 4, BLOCK 212, ABSTRACT NUMBER 574, PART OF THE DRAKE RE-SUBDIVISION, LOCATED AT 1100 NORTH BOIS D' ARC AVENUE, TYLER, TEXAS AS DESCRIBED IN DEED RECORDED IN VOLUME 1016, PAGE 602 ON INSTRUMENT FILED AUGUST 7, 1961, IN VOLUME 1498, PAGE 394 ON INSTRUMENT FILED DECEMBER 2, 1974, DEED RECORDS OF SMITH COUNTY, TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF SMITH COUNTY UNDER ACCOUNT NUMBER 150000021200004000 to the buyer for and in consideration of the cash bid; all as described in the attached Exhibit “A”, said monies to be distributed pursuant to Section 34.05 of the Texas Property Tax Code.

PART 2: That this resolution shall take effect immediately upon adoption.

ADOPTED this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” TO RESOLUTION R-2019-______

Cause No. 21,957-A

Date of Tax Sale April 6, 2010

Taxes Due: $5,203.36 Tyler ISD $ 929.79 Smith County $ 448.26 TJC $ 896.73 City of Tyler

Adjudged Value $7,400.00

Acct. No. (150000021200004000)

Present Bid $4,001.00

Bidder BIO CONSTRUCTION 2001 E. LAKE STREET TYLER, TEXAS 75701

PROPERTY DESCRIPTION

BEING LOT 4, BLOCK 212, ABSTRACT NUMBER 574, PART OF THE DRAKE RE-SUBDIVISION, LOCATED AT 1100 NORTH BOIS D' ARC AVENUE, TYLER, TEXAS AS DESCRIBED IN DEED RECORDED IN VOLUME 1016, PAGE 602 ON INSTRUMENT FILED AUGUST 7, 1961, IN VOLUME 1498, PAGE 394 ON INSTRUMENT FILED DECEMBER 2, 1974, DEED RECORDS OF SMITH COUNTY, TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF SMITH COUNTY UNDER ACCOUNT NUMBER 150000021200004000.

IN TESTIMONY WHEREOF CITY OF TYLER has caused these presents to be executed this day of , 2019.

CITY OF TYLER

By: Martin Heines Mayor

STATE OF TEXAS §

COUNTY OF SMITH §

This instrument was acknowledged before me on this day of , 2019, by Martin Heines, Mayor of the CITY OF TYLER.

Printed Name: Notary Public, State of Texas My Commission Expires:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 West Front Street Suite 202 Tyler, Tx 75702 ______

Main: 903-597-2897

August ______, 2018

Email: [email protected] Direct: 903-597-2897

Deborah G. Pullum, City Attorney City of Tyler 212 N. Bonner Tyler, Texas 75702

RE: Agenda Item(s): SUIT NO. 21,957-A; TYLER INDEPENDENT SCHOOL DISTRICT VS. ROZELLE WILLIAMS, ET AL

Dear Mrs. Pullum:

The taxing entities in Smith County became owners of this property by virtue of a tax foreclosure sale conducted by the Sheriff of Smith County, pursuant to an order of the court in this case.

When the scheduled meeting has been determined, please notify us by returning this letter with the date and time of the meeting.

FAX #: 903-597-2402

ATTN: Tammy Weaver

Date: ______

Time: ______

Comments: ______

or e-mail to: [email protected]

Very truly yours,

Tammy Weaver Area Manager

TW/srm cc: Gary B. Barber Tax Assessor-Collector Smith County 1517 W. Front Street Tyler, TX 75702 SUIT NO. 21,957-A; TYLER INDEPENDENT SCHOOL DISTRICT VS. ROZELLE WILLIAMS, ET AL P216

EXHIBIT “A” BID ANALYSIS

Cause Number: 21,957-A Previous Owner: Rozelle Williams Bid Amount: $4,001.00 Judgment Value: $7,400.00 Bidders Name: Bio Construction Opening Bid at Sale: $ Bidders Address: 2001 E. Lake Street Date of Sale: April 6, 2010 Tyler, Texas 75701 Date of Bid Submitted: May 31, 2018

Sale Recording Date: April 19, 2010 Redemption Expires: October 10, 2010

PROPERTY DESCRIPTION BEING LOT 4, BLOCK 212, ABSTRACT NUMBER 574, PART OF THE DRAKE RE-SUBDIVISION, LOCATED AT 1100 NORTH BOIS D' ARC AVENUE, TYLER, TEXAS AS DESCRIBED IN DEED RECORDED IN VOLUME 1016, PAGE 602 ON INSTRUMENT FILED AUGUST 7, 1961, IN VOLUME 1498, PAGE 394 ON INSTRUMENT FILED DECEMBER 2, 1974, DEED RECORDS OF SMITH COUNTY, TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF SMITH COUNTY UNDER ACCOUNT NUMBER 150000021200004000.

SITUS OR LOCATION: 1100 N. Bois D Arc

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due

TYLER ISD 2000-2008 $5,203.36

SMITH COUNTY 2000-2008 $ 929.79

TYLER JUNIOR COLLEGE 2000-2008 $ 448.26

CITY OF TYLER 2000-2008 $ 896.73

TOTAL: $7,478.14

COSTS

Court Costs $798.50 Sheriff’s Fees: $170.00 Publication Fee: $ 67.02 Title Research: $137.50 Recording Fee: $ 62.00

TOTAL: $1,235.02

PROPOSED DISTRIBUTION

Bid Amount: $4,001.00 Costs: $1,235.02 Net to Distribute: $2,765.98

ENTITY PERCENTAGE AMOUNT TO DISBURSE

TYLER ISD 70% $1,936.19

SMITH COUNTY 12% $ 331.92

TYLER JUNIOR COLLEGE 6% $ 165.95

CITY OF TYLER 12% $ 331.92

TOTAL: $2,765.98

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-4

Date: April 24, 2019

Subject: Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1107 West 32nd Street within the Tyler city limits and owned by taxing entities including the City of Tyler.

Page: 1 of 2

Item Reference:

“Section 34.02 Distribution of Proceeds.

Page: 2 of 2

payment of costs in an amount equal to the proportion its taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

A representative of the law firm of Linebarger Goggan Blair & Sampson, LLP, of Tyler, Texas will be present to answer questions regarding this tax sale.

RECOMMENDATION: It is recommended that the City Council adopt a Resolution authorizing the sale of certain tracts of land located at 1107 West 32nd Street within the City of Tyler city limits and owned by taxing entities including the City of Tyler.

ATTACHMENTS: 1. Resolution 2. Exhibit A 3. Resale Deed 4. Correspondence from Linebarger Goggan Blair & Sampson, LLP 5. Bid Analysis 6. Property Detail 7. Property Map

Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney

Edited/Submitted By: City Manager

RESOLUTION NO. R-2019-

WHEREAS, all taxing entities involved in the below-referenced causes must consent to the sale of the described real property; and

WHEREAS, it is to the benefit of all taxing entities involved that the property be returned to its respective tax rolls;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Mayor be and is hereby directed and authorized to execute the deed and any and all documents necessary to convey the real property referred to in a District Court Order in Cause No 23,038-C; BEING LOT 69, BLOCK 767, PART OF THE COLLEGE PARK ADDITION, AS DESCRIBED IN DEED RECORDED IN VOLUME 367, PAGE 423, ON INSTRUMENT FILED DECEMBER 10, 1937, DEED RECORDS OF SMITH COUNTY, TEXAS (150000076700069000) to the buyer for and in consideration of the cash bid; all as described in the attached Exhibit “A”, said monies to be distributed pursuant to Section 34.05 of the Texas Property Tax Code.

PART 2: That this resolution shall take effect immediately upon adoption.

ADOPTED this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” TO RESOLUTION R-2019-______

Cause No. 23,038-C

Date of Tax Sale April 3, 2012

Taxes Due: $5,293.36 Tyler ISD $ 978.62 Smith County $ 466.29 TJC $ 914.93 City of Tyler

Adjudged Value $6,440.00

Acct. No. 150000076700069000

Present Bid $3,220.00

Bidder Jose Guzman Nelly Guzman 1103 W. 32nd Street Tyler, Texas 75702

PROPERTY DESCRIPTION

Being Lot 69, Block 767, Part Of The College Park Addition, As Described In Deed Recorded In Volume 367, Page 423, On Instrument Filed December 10, 1937, Deed Records Of Smith County, Texas.

IN TESTIMONY WHEREOF CITY OF TYLER has caused these presents to be executed this day of , 2019.

CITY OF TYLER

By: Martin Heines Mayor

STATE OF TEXAS §

COUNTY OF SMITH §

This instrument was acknowledged before me on this day of , 2019, by Martin Heines, Mayor of the CITY OF TYLER.

Printed Name: Notary Public, State of Texas My Commission Expires:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 West Front Street Suite 202 Tyler, Tx 75702 ______

Main: 903-597-2897

August ______, 2018

Email: [email protected] Direct: 903-597-2897

Deborah G. Pullum, City Attorney City of Tyler 212 N. Bonner Tyler, Texas 75702

RE: Agenda Item(s): SUIT NO. 23,038-C; TYLER INDEPENDENT SCHOOL DISTRICT vs. ELZIE WILLIAMS, DECEASED, AND THE UNKNOWN HEIRS OF ELSIE WILLIAMS, ET AL

Dear Mrs. Pullum:

The taxing entities in Smith County became owners of this property by virtue of a tax foreclosure sale conducted by the Sheriff of Smith County, pursuant to an order of the court in this case.

When the scheduled meeting has been determined, please notify us by returning this letter with the date and time of the meeting.

FAX #: 903-597-2402

ATTN: Tammy Weaver

Date: ______

Time: ______

Comments: ______

or e-mail to: [email protected]

Very truly yours,

Tammy Weaver Area Manager

TW/srm cc: Gary B. Barber Tax Assessor-Collector Smith County 1517 W. Front Street Tyler, TX 75702 SUIT NO. 23,038-C; TYLER INDEPENDENT SCHOOL DISTRICT vs. ELZIE WILLIAMS, DECEASED, AND THE UNKNOWN HEIRS OF ELSIE WILLIAMS, ET AL P309

EXHIBIT “A” BID ANALYSIS

Cause Number: 23,038-C Previous Owner: Elzie Williams, et al Bid Amount: $3,220.00 Judgment Value: $6,440.00 Bidders Name: Jose Guzman Opening Bid at Sale: Nelly Guzman Bidders Address: 1103 W 32nd St. Date of Sale: April 3, 2012 Tyler, Texas 75702 Date of Bid Submitted: April 16, 2018

Sale Recording Date: April 20, 2012 Redemption Expires: October 20, 2012

PROPERTY DESCRIPTION

BEING LOT 69, BLOCK 767, PART OF THE COLLEGE PARK ADDITION, AS DESCRIBED IN DEED RECORDED IN VOLUME 367, PAGE 423, ON INSTRUMENT FILED DECEMBER 10, 1937, DEED RECORDS OF SMITH COUNTY, TEXAS. (150000076700069000)

SITUS OR LOCATION: 1107 W. 32nd Street

JUDGMENT INFORMATION Tax Entity Tax Years Amount Due

TYLER ISD 1999-2010 $5,293.36

SMITH COUNTY 1998-2010 $ 978.62

TYLER JUNIOR COLLEGE 1998-2010 $ 466.29

CITY OF TYLER 1998-2010 $ 914.93

TOTAL: $7,653.20

COSTS Court Costs $869.00 Sheriff’s Fees: $170.00 Publication Fee: $ 56.02 Title Research: $200.00 Recording Fee: $ 62.00

TOTAL: $1,357.02

PROPOSED DISTRIBUTION

Bid Amount: $3,220.00 Costs: $1,357.02 Net to Distribute: $1,862.98

ENTITY PERCENTAGE AMOUNT TO DISBURSE

TYLER ISD 69% $1,285.46

SMITH COUNTY 13% $ 242.19

TYLER JUNIOR COLLEGE 6% $ 111.78

CITY OF TYLER 12% $ 223.55

TOTAL: $1,862.98

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-5

Date: April 24, 2019

Subject: Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 1207 Lenox within the Tyler city limits and owned by taxing entities including the City of Tyler.

Page: 1 of 2

Item Reference:

“Section 34.02 Distribution of Proceeds.

Page: 2 of 2

payment of costs in an amount equal to the proportion its taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

A representative of the law firm of Linebarger Goggan Blair & Sampson, LLP, of Tyler, Texas will be present to answer questions regarding this tax sale.

RECOMMENDATION: It is recommended that the City Council adopt a Resolution authorizing the sale of certain tracts of land located at 1207 Lenox within the City of Tyler city limits and owned by taxing entities including the City of Tyler.

ATTACHMENTS: 1. Resolution 2. Exhibit A 3. Resale Deed 4. Correspondence from Linebarger Goggan Blair & Sampson, LLP 5. Bid Analysis 6. Property Detail 7. Property Map

Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney

Edited/Submitted By: City Manager

RESOLUTION NO. R-2019-

WHEREAS, all taxing entities involved in the below-referenced causes must consent to the sale of the described real property; and

WHEREAS, it is to the benefit of all taxing entities involved that the property be returned to its respective tax rolls;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Mayor be and is hereby directed and authorized to execute the deed and any and all documents necessary to convey the real property referred to in a District Court Order in Cause No. 19,748-A;SMITH COUNTY VS. BEULAH HAWKINS, ET AL; Lot 102, Block 661 A, Butler College Second Addition, City of Tyler Smith County (150000066101102000) to the buyer for and in consideration of the cash bid; all as described in the attached Exhibit “A”, said monies to be distributed pursuant to Section 34.05 of the Texas Property Tax Code.

PART 2: That this resolution shall take effect immediately upon adoption.

ADOPTED this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” TO RESOLUTION R-2019-______

Cause No. 19,748-A

Date of Tax Sale April 5, 2005

Taxes Due: $3,529.23 Tyler ISD $ 755.58 Smith County $ 323.46 TJC $1,030.30 City of Tyler

Adjudged Value $5,900.00

Acct. No. (150000066101102000)

Present Bid $3,001.00

Bidder BIO CONSTRUCTION 2001 E. LAKE STREET TYLER, TEXAS 75701

PROPERTY DESCRIPTION

Lot 102, Block 661 A, Butler College Second Addition, City of Tyler Smith County (150000066101102000)

IN TESTIMONY WHEREOF CITY OF TYLER has caused these presents to be executed this day of , 2019.

CITY OF TYLER

By: Martin Heines Mayor

STATE OF TEXAS §

COUNTY OF SMITH §

This instrument was acknowledged before me on this day of , 2019, by Martin Heines, Mayor of the CITY OF TYLER.

Printed Name: Notary Public, State of Texas My Commission Expires:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 West Front Street Suite 202 Tyler, Tx 75702 ______

Main: 903-597-2897

August ______, 2018

Email: [email protected] Direct: 903-597-2897

Deborah G. Pullum, City Attorney City of Tyler 212 N. Bonner Tyler, Texas 75702

RE: Agenda Item(s): SUIT NO. 19,748-A; SMITH COUNTY VS. BEULAH HAWKINS, ET AL

Dear Mrs. Pullum:

The taxing entities in Smith County became owners of this property by virtue of a tax foreclosure sale conducted by the Sheriff of Smith County, pursuant to an order of the court in this case.

When the scheduled meeting has been determined, please notify us by returning this letter with the date and time of the meeting.

FAX #: 903-597-2402

ATTN: Tammy Weaver

Date: ______

Time: ______

Comments: ______

or e-mail to: [email protected]

Very truly yours,

Tammy Weaver Area Manager

TW/srm cc: Gary B. Barber Tax Assessor-Collector Smith County 1517 W. Front Street Tyler, TX 75702 SUIT NO. 19,748-A; SMITH COUNTY VS. BEULAH HAWKINS, ET AL P13

EXHIBIT “A” BID ANALYSIS

Cause Number: 19,748-A Previous Owner: Beulah Hawkins Bid Amount: $3,001.00 Judgment Value: $5,900.00 Bidders Name: Bio Construction Opening Bid at Sale: $ Bidders Address: 2001 E. Lake Street Date of Sale: April 5, 2005 Tyler, Texas 75701 Date of Bid Submitted: May 31, 2018

Sale Recording Date: April 19, 2005 Redemption Expires: October 19, 2005

PROPERTY DESCRIPTION

Lot 102, Block 661 A, Butler College Second Addition, City of Tyler, Smith County ( 150000066101102000)

SITUS OR LOCATION: 1207 Lenox

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due

TYLER ISD 1994-2001 $3,529.23

SMITH COUNTY 1994-2001 $ 755.58

TYLER JUNIOR COLLEGE 1994-2001 $ 323.46

CITY OF TYLER 1994-2001 $1,030.30

TOTAL: $5,638.57

COSTS

Court Costs $ 8.00 Sheriff’s Fees: $ 0.00 Publication Fee: $ 0.00 Title Research: $ 0.00 Recording Fee: $62.00

TOTAL: $70.00

PROPOSED DISTRIBUTION

Bid Amount: $3,001.00 Costs: $ 70.00 Net to Distribute: $2,931.00

ENTITY PERCENTAGE AMOUNT TO DISBURSE

TYLER ISD 63% $1,846.53

SMITH COUNTY 13% $ 381.03

TYLER JUNIOR COLLEGE 6% $ 175.86

CITY OF TYLER 18% $ 527.58

TOTAL: $2,931.00

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-6

Date: April 24, 2019

Subject: Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at 2202 Woodlawn Street within the Tyler city limits and owned by taxing entities including the City of Tyler.

Page: 1 of 2

Item Reference:

“Section 34.02 Distribution of Proceeds.

Page: 2 of 2

payment of costs in an amount equal to the proportion its taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

A representative of the law firm of Linebarger Goggan Blair & Sampson, LLP, of Tyler, Texas will be present to answer questions regarding this tax sale.

RECOMMENDATION:

It is recommended that the City Council adopt a Resolution authorizing the sale of certain tracts of land located at 2202 Woodlawn Street within the City of Tyler city limits and owned by taxing entities including the City of Tyler.

ATTACHMENTS: 1. Resolution 2. Exhibit A 3. Resale Deed 4. Correspondence from Linebarger Goggan Blair & Sampson, LLP 5. Bid Analysis 6. Property Detail 7. Property Map

Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney

Edited/Submitted By: City Manager

RESOLUTION NO. R-2019-

WHEREAS, all taxing entities involved in the below-referenced causes must consent to the sale of the described real property; and

WHEREAS, it is to the benefit of all taxing entities involved that the property be returned to its respective tax rolls;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Mayor be and is hereby directed and authorized to execute the deed and any and all documents necessary to convey the real property referred to in a District Court Order in Cause No 24,787-C; Being Lot 282, Block 669N in the Taft Addition to the City of Tyler, Smith County, Texas, as described in Deed from T. B. Lukenbil, ET UX, Zeppie Lukenbill to L. W. Stone ET UX, Gloria R. Stone, File April 7, 1951, Deed Records of Smith County Texas (150000066914282000) to the buyer for and in consideration of the cash bid; all as described in the attached Exhibit “A”, said monies to be distributed pursuant to Section 34.05 of the Texas Property Tax Code.

PART 2: That this resolution shall take effect immediately upon adoption.

ADOPTED this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” TO RESOLUTION R-2019-______

Cause No. 24,787-C

Date of Tax Sale July 7, 2015

Taxes Due: $2,671.08 Tyler ISD $ 608.76 Smith County $ 312.82 TJC $ 418.09 City of Tyler

Adjudged Value $9,830.00

Acct. No. 150000066914282000

Present Bid $2,992.50

Bidder Maugno Mora 100 CR 34 Tyler, Texas 75706

PROPERTY DESCRIPTION

Being Lot 282, Block 669N in the Taft Addition to the City of Tyler, Smith County, Texas, as described in Deed from T. B. Lukenbil, ET UX, Zeppie Lukenbill to L. W. Stone ET UX, Gloria R. Stone, File April 7, 1951, Deed Records of Smith County Texas.

IN TESTIMONY WHEREOF CITY OF TYLER has caused these presents to be executed this day of , 2019.

CITY OF TYLER

By: Martin Heines Mayor

STATE OF TEXAS §

COUNTY OF SMITH §

This instrument was acknowledged before me on this day of , 2019, by Martin Heines, Mayor of the CITY OF TYLER.

Printed Name: Notary Public, State of Texas My Commission Expires:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 West Front Street Suite 202 Tyler, Tx 75702 ______

Main: 903-597-2897

August ______, 2018

Email: [email protected] Direct: 903-597-2897

Deborah G. Pullum, City Attorney City of Tyler 212 N. Bonner Tyler, Texas 75702

RE: Agenda Item(s): SUIT NO. 24,787-C; TYLER INDEPENDENT SCHOOL DISTRICT VS. L. W. STONE, Deceased, et al

Dear Mrs. Pullum:

The taxing entities in Smith County became owners of this property by virtue of a tax foreclosure sale conducted by the Sheriff of Smith County, pursuant to an order of the court in this case.

When the scheduled meeting has been determined, please notify us by returning this letter with the date and time of the meeting.

FAX #: 903-597-2402

ATTN: Tammy Weaver

Date: ______

Time: ______

Comments: ______

or e-mail to: [email protected]

Very truly yours,

Tammy Weaver Area Manager

TW/srm cc: Gary B. Barber Tax Assessor-Collector Smith County 1517 W. Front Street Tyler, TX 75702 SUIT NO. 24,787-C; TYLER INDEPENDENT SCHOOL DISTRICT VS. L. W. STONE, Deceased, et al P398

EXHIBIT “A” BID ANALYSIS

Cause Number: 24,787-C Previous Owner: L. W. Stone Bid Amount: $2,992.50 Judgment Value: $9,830.00 Bidders Name: Maugno Mora Opening Bid at Sale: Bidders Address: 100 CR 34 Date of Sale: July 7, 2015 Tyler, Texas 75706 Date of Bid Submitted: April 10, 2018

Sale Recording Date: July 22, 2015 Redemption Expires: January 22, 2016

PROPERTY DESCRIPTION

SITUS OR LOCATION: 2202 Woodlawn St.

JUDGMENT INFORMATION Tax Entity Tax Years Amount Due

TYLER ISD 2008-2014 $2,671.08

SMITH COUNTY 2008-2014 $ 608.76

TYLER JUNIOR COLLEGE 2008-2014 $ 312.82

CITY OF TYLER 2008-2014 $ 418.09

TOTAL: $4,010.75

COSTS Court Costs $1,379.00 Sheriff’s Fees: $ 170.00 Publication Fee: $ 74.45 Title Research: $ 200.00 Recording Fee: $ 62.00

TOTAL: $1,885.45

PROPOSED DISTRIBUTION

Bid Amount: $2,992.50 Costs: $1,885.45 Net to Distribute: $1,107.05

ENTITY PERCENTAGE AMOUNT TO DISBURSE

TYLER ISD 67% $741.72

SMITH COUNTY 15% $166.06

TYLER JUNIOR COLLEGE 8% $ 88.56

CITY OF TYLER 10% $110.71

TOTAL: $1,107.05

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-7

Date: April 24, 2019

Subject: Request that the City Council consider adopting a Resolution agreeing to the sale of certain tracts of land located at South Peach Avenue within the Tyler city limits and owned by taxing entities including the City of Tyler.

Page: 1 of 2

Item Reference:

“Section 34.02 Distribution of Proceeds.

Page: 2 of 2

payment of costs in an amount equal to the proportion its taxes, penalties, and interest bear to the total amount of taxes, penalties, and interest due all participants in the sale.

A representative of the law firm of Linebarger Goggan Blair & Sampson, LLP, of Tyler, Texas will be present to answer questions regarding this tax sale.

RECOMMENDATION:

It is recommended that the City Council adopt a Resolution authorizing the sale of certain tracts of land located at S. Peach Avenue within the City of Tyler city limits and owned by taxing entities including the City of Tyler.

ATTACHMENTS: 1. Resolution 2. Exhibit A 3. Resale Deed 4. Correspondence from Linebarger Goggan Blair & Sampson, LLP 5. Bid Analysis 6. Property Detail 7. Property Map

Drafted/Recommended By: Department Leader Deborah Pullum, City Attorney

Edited/Submitted By: City Manager

RESOLUTION NO. R-2019-

WHEREAS, all taxing entities involved in the below-referenced causes must consent to the sale of the described real property; and

WHEREAS, it is to the benefit of all taxing entities involved that the property be returned to its respective tax rolls;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the Mayor be and is hereby directed and authorized to execute the deed and any and all documents necessary to convey the real property referred to in a District Court Order in Cause No 25,142-C BEING LOTS 40-45, BLOCK 661-B, OF THE WALTER H. KNIGHT ADDITION TO THE CITY OF TYLER, AS DESCRIBED IN DEED RECORDED JANUARY 2, 2006, DOCUMENT NO. 2006R0000951, DEED RECORDS OF SMITH COUNTY, TEXAS (150000066102040000) to the buyer for and in consideration of the cash bid; all as described in the attached Exhibit “A”, said monies to be distributed pursuant to Section 34.05 of the Texas Property Tax Code.

PART 2: That this resolution shall take effect immediately upon adoption.

ADOPTED this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

EXHIBIT “A” TO RESOLUTION R-2019-______

Cause No. 25,142-C

Date of Tax Sale August 2, 2016

Taxes Due: $2,347.21 Tyler ISD $ 544.37 Smith County $ 303.34 TJC $ 366.46 City of Tyler

Adjudged Value $12,000.00

Acct. No. (150000066102040000)

Present Bid $4,001.00

Bidder BIO CONSTRUCTION 2001 E. LAKE STREET TYLER, TEXAS 75701

PROPERTY DESCRIPTION

Being Lots 40-45, Block 661-B, of the Walter H. Knight Addition to the City of Tyler, as described in Deed recorded January 2, 2006, Document No. 2006R0000951, Deed Records of Smith County, Texas.

IN TESTIMONY WHEREOF CITY OF TYLER has caused these presents to be executed this day of , 2019.

CITY OF TYLER

By: Martin Heines Mayor

STATE OF TEXAS §

COUNTY OF SMITH §

This instrument was acknowledged before me on this day of , 2019, by Martin Heines, Mayor of the CITY OF TYLER.

Printed Name: Notary Public, State of Texas My Commission Expires:

LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 1517 West Front Street Suite 202 Tyler, Tx 75702 ______

Main: 903-597-2897

August ______, 2018

Email: [email protected] Direct: 903-597-2897

Deborah G. Pullum, City Attorney City of Tyler 212 N. Bonner Tyler, Texas 75702

RE: Agenda Item(s): SUIT NO. 25,142-C; TYLER INDEPENDENT SCHOOL DISTRICT VS. JOE F. LONGLEY, ET AL

Dear Mrs. Pullum:

The taxing entities in Smith County became owners of this property by virtue of a tax foreclosure sale conducted by the Sheriff of Smith County, pursuant to an order of the court in this case.

When the scheduled meeting has been determined, please notify us by returning this letter with the date and time of the meeting.

FAX #: 903-597-2402

ATTN: Tammy Weaver

Date: ______

Time: ______

Comments: ______

or e-mail to: [email protected]

Very truly yours,

Tammy Weaver Area Manager

TW/srm cc: Gary B. Barber Tax Assessor-Collector Smith County 1517 W. Front Street Tyler, TX 75702 SUIT NO. 25,142-C; TYLER INDEPENDENT SCHOOL DISTRICT VS. JOE F. LONGLEY, ET AL P426

EXHIBIT “A” BID ANALYSIS

Cause Number: 25,142-C Previous Owner: Joe F. Longley Bid Amount: $4,001.00 Judgment Value: $12,000.00 Bidders Name: Bio Construction Opening Bid at Sale: $ Bidders Address: 2001 E. Lake Street Date of Sale: August 2, 2016 Tyler, Texas 75701 Date of Bid Submitted: May 31, 2018

Sale Recording Date: August 18, 2016 Redemption Expires: February 18, 2017

PROPERTY DESCRIPTION

Being Lots 40-45, Block 661-B, of the Walter H. Knight Addition to the City of Tyler, as described in Deed recorded January 2, 2006, Document No. 2006R0000951, Deed Records of Smith County, Texas. (150000066102040000)

SITUS OR LOCATION: S. Peach Avenue

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due

TYLER ISD 2008-2015 $2,347.21

SMITH COUNTY 2008-2015 $ 544.37

TYLER JUNIOR COLLEGE 2008-2015 $ 303.34

CITY OF TYLER 2008-2015 $ 366.46

TOTAL: $3,561.37

COSTS Court Costs $315.00 Sheriff’s Fees: $170.00 Publication Fee: $ 58.47 Title Research: $200.00 Recording Fee: $ 62.00

TOTAL: $805.47

PROPOSED DISTRIBUTION

Bid Amount: $4,001.00 Costs: $ 805.47 Net to Distribute: $3,195.53

ENTITY PERCENTAGE AMOUNT TO DISBURSE

TYLER ISD 66% $2,109.05

SMITH COUNTY 15% $ 479.33

TYLER JUNIOR COLLEGE 9% $ 287.60

CITY OF TYLER 10% $ 319.55

TOTAL: $3,195.53

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-8

Date: April 24, 2019

Subject: Request that the City Council authorize the City Manager to ratify staff action of $40,000.00 for the emergency replacement of the High Service Pump No. 5 motor starter at the Golden Road Water Treatment Plant to Alan Fielding Electric.

Page: 1 of 2

Item Reference:

The City of Tyler’s Golden Road Water Treatment Plant has six (6) High Service Pumps, which provide the delivery of potable water from the plant to the distribution system. The plant is designed and has the capacity to treat 28 million gallons of drinking water per day. High Service Pump No. 5 can deliver up to 18 million gallons of water per day (MGD).

High Service Pump No. 5 is inoperable due to an out of service motor starter. This pump is one of two 18 MGD high service pumps located at the facility. In the event that the other large pump, High Service Pump No. 6, should become inoperable, the Golden Road Water Treatment Plant will have limited production capabilities until a replacement motor starter can be located and work performed. This situation would seriously impact our ability to provide a sufficient amount of water at the required pressure during high water demand conditions. Due to the critical nature of meeting the City of Tyler’s fluctuating water demand, emergency replacement was necessary to minimize pump down time.

Alan Fielding of Whitehouse, Texas, is in the process of performing the necessary emergency repairs to the pump for $40,000.00. Bids were requested from two other companies, but both declined due to insufficient manpower and their inability to locate the specific motor starter required.

RECOMMENDATION:

Staff Recommends that the City Council authorize the City Manager to ratify staff action of $40,000.00 for the emergency repair of High Service Pump No. 5 at the Golden Road Water Treatment Plant, to Alan Fielding Electric.

Agenda Number: C-A-8

Page: 2 of 2

ATTACHEMENTS 1. Alan Fielding Electric, LLC quote

Drafted/Recommended By: Department Leader

Kate Dietz, P.E., Manager, Water Utilities Systems

Edited/Submitted By: City Manager

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-9

Date: April 24, 2019

Subject: Request that City Council authorize the City Manager to renew the memorandum of understanding with the East Texas Symphony Orchestra Association for the operations of Liberty Hall.

Page: 1 of 1

Item Reference: Item M-1 on Council Agenda 01/26/2011; Item ES 2 on Council Agenda 03/26/2008

The City of Tyler purchased the former Liberty Theater in 2008 and entered into a memorandum of understanding with the East Texas Symphony Orchestra Association (ETSOA) to lead an effort to raise the funds needed to renovate the theater into the performing arts hall and destination point it is now for arts and culture in East Texas

In 2011, an updated agreement between the City of Tyler and the ETSOA further defined the day-to- day management of the destination point. It ensured the maximum return on investment to bring visitors to Tyler and continued the revitalization momentum that was set in motion in 2008. The operating agreement entitled the ETSOA program to 12 dates per year. ETSOA was responsible for ticketing, marketing, expenses and staffing for those performance dates.

The renewed operating contract lowers the amount of dates given to ETSOA to six (6) dates per year per ETSOA’s request and adds clauses for cancelations, non-transferable dates, updates of rates for staffing and janitorial services and staffing and policy requirements.

RECOMMENDATION:

It is recommended that City Council authorize the City Manager to renew the memorandum of understanding with the East Texas Symphony Orchestra Association for the operations of Liberty Hall.

ATTACHMENTS 1. East Texas Symphony Orchestra Association MOU

Drafted/Recommended By: Stephanie Franklin Department Leader Managing Director

Edited/Submitted By: City Manager

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-10

Date: April 24, 2019

Subject: Request that the City Council consider adoption of a Resolution to authorize continued participation by the City of Tyler with the Steering Committee of Cities Served by Oncor, and authorizing the annual assessment payment of eight (8) cents per capita to the Steering Committee.

Page: 1 of 2

Item Reference: Steering Committee of Cities Served by Oncor; Resolution No. R- 2018-7

The City of Tyler is a member of a 162-member city coalition known as the Steering Committee of Cities Served by Oncor. The attached Resolution approves the assessment of an eight cent ($0.08) per capita fee to fund the activities of the Steering Committee.

The Steering Committee undertakes activities on behalf of municipalities for which it needs funding support from its members. Municipalities have original jurisdiction over the electric distribution rates and services within the city. The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, Electric Reliability Council of Texas (ERCOT), the courts, and the Legislature on electric utility regulation matters for over two decades.

The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Oncor Electric Delivery Company, LLC within the City. Steering Committee representation is also strong at ERCOT. It is possible that additional efforts will be necessary on new issues that arise during the year, and it is important that the Steering Committee be able to fund its participation on behalf of its member cities. A per capita assessment has historically been used, and is a fair method for the members to bear the burdens associated with the benefits received from that membership. An invoice in the amount of $8,720.00 is attached for reference.

RECOMMENDATION:

It is recommended that the City Council approve the attached Resolution to authorize continued participation by the City of Tyler with the Steering Committee of Cities Served by Oncor, and authorizing the annual assessment payment of eight (8) cents per capita to the Steering Committee. Agenda Number: C-A-10

Page: 2 of 2

ATTACHMENTS: 1. Resolution with Invoice 2. Memorandum to Steering Committee of Cities Served by Oncor - from P. Mims, Plano City Attorney, Chair 3. List of Steering Committee Cities Served by Oncor

Drafted/Recommended By: Department Leader

Deborah Pullum, City Attorney

Edited/Submitted By: City Manager RESOLUTION NO. R-2019-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AND AUTHORIZING THE PAYMENT OF EIGHT CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND LEGAL PROCEEDINGS AND ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY COMPANY, LLC; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, the City of Tyler, Texas (“City”) is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of Oncor Electric Delivery Company, LLC (Oncor) within the municipal boundaries of the city; and WHEREAS, the Steering Committee has historically intervened in Oncor rate proceedings and electric utility related rulemakings to protect the interests of municipalities and electric customers residing within municipal boundaries; and

WHEREAS, the Steering Committee is participating in Public Utility Commission dockets and projects, as well as court proceedings, and legislative activity, affecting transmission and distribution utility rates; and

WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor; and

WHEREAS, the Steering Committee functions under the direction of an Executive Committee which sets an annual budget and directs interventions before state and federal agencies, courts and legislatures, subject to the right of any member to request and cause its party status to be withdrawn from such activities; and

WHEREAS, the Executive Committee in its December 2018 meeting set a budget for 2019 that compels an assessment of eight cents ($0.08) per capita; and

WHEREAS, in order for the Steering Committee to continue its participation in these activities which affects the provision of electric utility service and the rates to be charged, it must assess its members for such costs.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS:

PART 1: That the City is authorized to continue its membership with the Steering Committee of Cities Served by Oncor to protect the interests of the City of Tyler and protect the interests of the customers of Oncor Electric Delivery Company, LLC residing and conducting business within the City limits.

PART 2: That the City is further authorized to pay its assessment to the Steering Committee of eight cents ($0.08) per capita based on the population figures for the City shown in the latest Texas Municipal League (TML) Directory of City Officials.

PART 3: A copy of this Resolution and the assessment payment check made payable to “Steering Committee of Cities Served by Oncor” shall be sent to Brandi Stigler, Steering Committee of Cities Served by Oncor, c/o City Attorney’s Office, Mail Stop 63-0300, 101 S. Mesquite St., Suite 300, Arlington, Texas 76010.

PASSED AND APPROVED on this 24th day of April, 2019.

MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

A T T E S T: APPROVED:

CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

Attachment to R-2019 MEMORANDUM

TO: Steering Committee of Cities Served by Oncor

FROM: Paige Mims, Chair

DATE: February, 2019

RE: Action Needed – 2019 Membership Assessment Invoice

Enclosed please find the 2019 Steering Committee of Cities Served by Oncor (“Steering Committee”) membership assessment invoice and draft resolution. These items are discussed below. We ask that your city please take action on the membership assessment as soon as possible.

Although the Steering Committee does not require that your city take action by resolution to approve the assessment, some members have requested a resolution authorizing payment of the 2019 membership assessment. Payment of the membership assessment fee shall be deemed to be in agreement with the terms of the Steering Committee participation agreement.

Please forward the membership assessment fee and, if applicable, the signed resolution to Brandi Stigler, Steering Committee of Cities Served by Oncor, c/o City Attorney’s Office, Mail Stop 63-0300, 101 S. Mesquite St., Suite 300, Arlington, Texas 76010. Checks should be made payable to: Steering Committee of Cities Served by Oncor. If you have any questions, please feel free to contact me at (972/941-7125) or Thomas Brocato ([email protected], 512/322-5857).

Membership Assessment Invoice and Resolution

The Steering Committee is the most active consumer group advocating the interests of cities and residential and small commercial customers within the cities to keep electric transmission and distribution (i.e., wires) rates reasonable. Steering Committee activities protect the authority of municipalities over the regulated wires service and rates charged by Oncor Electric Delivery Company, LLC (“Oncor”).

The work undertaken by the Steering Committee has saved cities and ratepayers millions of dollars in unreasonable charges. In order to continue to be an effective voice before the Public Utility Commission of Texas (“Commission” or “PUC”), ERCOT, the Legislature, and in the courts, the Steering Committee must have your support. The membership assessment is deposited in an account which funds Steering Committee activities.

Currently, the Steering Committee is engaged on behalf of cities in the 86th Legislative Session. The Steering Committee is also involved in numerous rulemakings and projects at the PUC. The Steering Committee expects to participate in Oncor’s Distribution Cost Recovery Factor (“DCRF”) and Energy Efficiency Cost Recovery Factor (“EECRF”) proceedings later this year.

On December 6, 2018, the Steering Committee approved the 2019 assessment for Steering Committee membership. Based upon the population-based assessment protocol previously adopted by the Steering Committee, the assessment for 2019 is a per capita fee of $0.08 based upon the population figures for each city shown in the latest TML Directory of City Officials. This is a decrease of $0.03 compared to 2018. The enclosed invoice represents your city’s assessment amount.

To assist you in the assessment process, we have attached several documents to this memorandum for your use:

 OCSC 2018 Year in Review  Model resolution approving the 2019 assessment (optional, provided for those cities that have requested a resolution to authorize payment)  Model staff report supporting the resolution  List of Steering Committee members  2019 Assessment invoice  2018 Assessment invoice and statement (only if not yet paid)  Blank member contact form to update distribution lists

OCSC Membership in Texas (162 Members)

Addison Fate North Richland Hills Allen Flower Mound Northlake Alvarado Forest Hill Oak Leaf Andrews Forney Oak Point Anna Fort Worth Odessa Archer City Frisco O’Donnell Argyle Frost Ovilla Arlington Gainesville Palestine Azle Garland Pantego Bedford Glenn Heights Paris Bellmead Grand Prairie Plano Belton Granger Pottsboro Benbrook Grapevine Prosper Beverly Hills Haltom City Ranger Big Spring Harker Heights Red Oak Breckenridge Haslet Rhome Bridgeport Heath Richardson Brownwood Henrietta Richland Buffalo Hewitt Richland Hills Burkburnett Highland Park River Oaks Burleson Honey Grove Roanoke Caddo Mills Howe Robinson Cameron Hudson Oaks Rockwall Canton Hurst Rosser Carrollton Hutto Rowlett Cedar Hill Iowa Park Sachse Celina Irving Saginaw Centerville Jolly Sansom Park Cleburne Josephine Seagoville Coahoma Justin Sherman Colleyville Kaufman Snyder Collinsville Keene Southlake Colorado City Keller Springtown Comanche Kennedale Stephenville Commerce Kerens Sulphur Springs Coppell Killeen Sunnyvale Copperas Cove Krum Sweetwater Corinth Lake Worth Temple Cross Roads Lakeside Terrell Crowley Lamesa The Colony Dallas Lancaster Trophy Club Dalworthington Gardens Lewisville Tyler DeLeon Lindale University Park De Soto Little Elm Venus Denison Little River Academy Waco Duncanville Malakoff Watauga Early Mansfield Waxahachie Eastland McKinney Westover Hills Edgecliff Village Mesquite Westworth Village Ennis Midland White Settlement Euless Midlothian Wichita Falls Everman Murchison Willow Park Fairview Murphy Woodway Farmers Branch New Chapel Hill Wylie

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CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-11

Date: April 24, 2019

Subject: Request that the City Council consider authorizing the purchase of new chairs for Harvey Convention Center and the Rose Garden Center in the amount of $34,004.32 to Mity Lite, Inc.

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Item Reference:

Harvey Convention Center and the Rose Garden Center offer the City of Tyler and its many visitors the opportunity to rent a combination of a wide variety of spacious rooms in order to host various events such as conventions, meetings, art shows, banquets, galas, reunions, weddings, and corporate events. In an effort to maintain the high quality of amenities and services in these locations, the City continues a replacement program for tables and chairs. Funds were carried over from last year’s budget so that all of Hall 1 could be replaced at the same time to ensure there is a consistent color and quality of chair for clients reserving that center. Mity Lite, Inc. is a current Buy Board vendor, and staff has begun replacing the chairs with a new style and color that they carry. The current chairs have rips, stains and are in need of replacement.

Funding Source: 219-0462-452-2521

RECOMMENDATION:

It is recommended that the City Council authorize the purchase of new chairs for Harvey Convention Center and the Rose Garden Center in the amount of $34,004.32 to Mity Lite, Inc.

ATTACHMENTS: 1. MityLite Quote Acknowledgement – Quote for Chairs

Drafted/Recommended By: Stephanie Franklin, Managing Director Department Leader

Edited/Submitted By: City Manager

Attachment 1.