Revised City Council Agenda

REVISED CITY COUNCIL AGENDA

Wednesday, April 11, 2018 9:00 a.m.

CITY COUNCIL Martin Heines, Mayor Linda Sellers, District 1 Darryl Bowdre, District 2 Edward Moore, District 3 Don Warren, District 4 Bob Westbrook, District 5 John Nix, District 6

Edward Broussard, City Manager

CITY COUNCIL MEETING AGENDA REVISED CITY COUNCIL CHAMBERS - CITY HALL 212 North Bonner Tyler, Texas 75702 Wednesday, April 11, 2018 9:00 a.m.

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

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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 a. Minutes of the Regular Called City Council Meeting from February 28, 2018.

PRESENTATIONS

P-1 Request that the City Council consider hearing a presentation from NET RMA about area connectivity and Tollway 49.

ZONING

Z-1 Z18-016 JOSHUA NEAVES (2323 HAVERHILL DRIVE) Request that the City Council consider approving a zone change from “R-MF”, Multi-Family Residential District to “R- 1A”, Single-Family Residential District.

HEARING

H-1 Request that the City Council consider holding a public hearing for citizen participation and consider approving a resolution authorizing the Police Department to apply for a Certificate of Waiver or Authorization from the Federal Aviation Administration to establish an unmanned aircraft program.

MISCELLANEOUS

M-1 Request that the City Council consider authorizing the City Manager to execute a contract with Adams Engineering for engineering services related to the Keaton Drainage Study (West Mud Creek Tributary C1.1) and the Stagecoach Drainage Study in the amount of $129,190.00.

M-2 Request that the City Council consider authorizing the City Manager to execute a contract with Adams Engineering for the design, construction management, and construction inspection of the Broadway Avenue Drainage Improvement project in the amount of $78,025.00.

M-3 Request that the City Council consider authorizing the City Manager to renew Work Order No. 1, with a maximum cost of $1,000,000 per year, for support of the Wastewater Collection System’s Capacity, Management, Operations and Maintenance Program.

M-4 Request that the City Council consider authorizing the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $1,997,551.25 for sanitary sewer system cleaning and inspection services.

M-5 Request that the City Council consider authorizing the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $698,632.76 for clearing and maintenance of the sanitary sewer system easements to enable system access and inspection.

M-6 Request that the City Council consider ratifying staff action to execute an Easement Agreement with the Oncor Electric Delivery Company LLC for a public bike lane and walkway, identified as Legacy Trails, along a corridor between FM 2493 and Cumberland Road.

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 authorizing the City Manager to approve the upgrade of hardware and software for an intrusion prevention system in the amount of $88,458.66 for new hardware and a one year support for intrusion prevention software.

C-A-2 Request that the City Council consider authorizing the City Manager to approve purchasing goods through U.S. Communities Government Purchasing Alliance whereby the City of Tyler can take full advantage of purchasing any and all items available through this cooperative. Also, request that the City Council consider authorizing the City Manager to purchase residential solid waste carts and parts from Rehrig Pacific through the U.S. Communities Government Purchasing Alliance Contract from May 2018 to May 2019.

C-A-3 Request that the City Council consider adoption of an Ordinance amending Tyler City Code Chapter 3, Civil Service Classification Plan and number of authorized Civil Service positions for Fiscal Year 2017-2018.

C-A-4 Request that the City Council consider authorizing the City Manager to sign and acknowledge a permanent right-of-way use agreement with Consolidated Communications for the purpose of installing, operating, and maintaining a fiber optic cable in the City of Tyler right-of-way.

CITY MANGER’S REPORT

ADJOURNMENT MINUTES OF THE REGULAR CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS February 28, 2018

A regular called meeting of the City Council of the City of Tyler, Texas, was held Wednesday, February 28, 2018 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: Don Warren Councilmembers: Linda Sellers Darryl Bowdre Ed Moore John Nix Bob Westbrook

City Manager: Edward Broussard City Attorney: Deborah G. Pullum Deputy City Attorney: Steve Kean Managing Director of Administrative Services/HR: ReNissa Wade Chief Information Officer: Benny Yazdanpanahi Police Chief: Jimmy Toler Project Engineer: Kyle Dykes Managing Director of Culture, Recreation and Tourism Services: Stephanie Rollings Director of Solid Waste & Transit Services: Russ Jackson Managing Director of Planning & Economic Development: Heather Nick Managing Director of Utilities and Public Works: Scott Taylor City Clerk: Cassandra Brager INVOCATION

The Invocation was given by Councilmember Bowdre.

MINUTES

Motion by Councilmember Sellers to approve the January 24, 2018 minutes; seconded by Councilmember Westbrook; motion carried 7 - 0 & approved as presented.

ZONING

Z-1 N18-001 CITY OF TYLER (TEXAS COLLEGE ROAD TO WEST 34TH STREET) Request that the City Council consider approving a thoroughfare name change from Texas College Road to West 34th Street on a section of road beginning at West Northwest Loop 323 continuing southeast into alignment with West 34th Street. (O- 2018-21)

Motion by Councilmember Moore; seconded by Councilmember Bowdre; motion carried 7 - 0 & approved as presented. February 28, 2018

Z-2 Z18-002 CREED ENTERPRISES LLC (2002 PARKLEN STREET) Request that the City Council consider approving a zone change from “R-1A”, Single-Family Residential District to “R-1B”, Single-Family Residential District. (O-2018-22)

Motion by Mayor Pro Tem Warren; seconded by Councilmember Westbrook; motion carried 7 - 0 & approved as presented.

Z-3 Z18-003 GLORY REAL ESTATE (6045 HAVENS TRAIL) Request that the City Council consider approving a zone change from “R-1B”, Single-Family Residential District to “R-1D”, Single-Family Detached and Attached Residential District. (O-2018- 23)

Motion by Councilmember Westbrook; seconded by Councilmember Moore; motion carried 7 - 0 & approved as presented.

Z-4 Z18-004 JOSE VARGAS (3330 OLD JACKSONVILLE HIGHWAY) Request that the City Council consider approving a zone change from “R-1A”, Single-Family Residential District to “RPO”, Restricted Professional Office District. (O-2018-24)

Motion by Councilmember Sellers; seconded by Councilmember Bowdre; motion carried 7 - 0 & approved as presented.

Z-5 Z18-005 PRESTON SHUMWAY (528 AND 532 TROUP HIGHWAY) Request that the City Council consider approving a zone change from “R-1A”, Single-Family Residential District to “R-1B”, Single-Family Residential District. (O-2018-25)

Motion by Councilmember Nix; seconded by Councilmember Bowdre; motion carried 7 - 0 & approved as presented.

Z-6 Z18-006 WESLEY METHODIST CHURCH (2107 WOODLAWN STREET) Request that the City Council consider approving a zone change from “R-1B”, Single- Family Residential District to “C-1”, Light Commercial District. (O-2018-26)

Motion by Councilmember Moore; seconded by Mayor Pro Tem Warren; motion carried 7 - 0 & approved as presented.

Z-7 Z18-007 HABITAT FOR HUMANITY (2401, 2403, 2405, AND 2407 TENNEHA AVENUE) Request that the City Council consider approving a zone change from “R- 2”, Two-Family Residential District to “R-1D”, Single-Family Detached and Attached Residential District. (O-2018-27)

Motion by Councilmember Moore; seconded by Councilmember Westbrook; motion carried 7 - 0 & approved as presented.

February 28, 2018

MISCELLANEOUS

M-1 Request that the City Council consider authorizing the City Manager to execute separate Interlocal Agreements with both Smith County and Tyler Junior College, providing for each entity's participation in Tax Reinvestment Zone No. 4.

Motion by Mayor Pro Tem Warren; seconded by Councilmember Bowdre; motion carried 7 - 0 & approved as presented.

M-2 Request that the City Council consider accepting a presentation regarding the current state of Health Benefits from the City’s benefits consultant McGriff, Seibels and Williams for the fourth quarter of the 2017 policy year and consider authorizing the City Manager to contract for additional services related to health benefits audit in an amount not to exceed $30,000.

Motion by Councilmember Sellers; seconded by Councilmember Westbrook; motion carried 7 - 0 & approved as presented.

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 authorizing the City Manager to purchase a replacement vehicle for the Fire Department. Also, request that the City Council re-ratify the purchase of camera van for the Water Department.

C-A-2 Request that the City Council consider authorizing the City Manager to approve a Reconciliation Change Order and the release of final payment in the amount of $42,745.10 to Reynolds & Kay, LTD. for the Lake Palestine Raw Water Pump Station Erosion Control project.

C-A-3 Request that the City Council consider authorizing the City Manager to execute Easement and Right of Way Agreements across City-owned property to relocate electrical service lines on Lots 68, 69 and 70 in the Peninsula West Subdivision at Lake Tyler.

C-A-4 Request that the City Council consider releasing retainage to Reynolds and Kay, LTD. for the 2016 Asphalt Enhancement Program.

C-A-5 Request that the City Council consider releasing retainage to Reynolds and Kay, LTD. for the 2017 Asphalt Enhancement Program.

C-A-6 Request that the City Council authorize the City Manager to execute a Services Agreement with Fire Recovery USA, LLC, for the purpose of assisting the Tyler Fire Department in the collection, recovery and billing of services for fire-related inspections and permits. 3

February 28, 2018

Motion by Councilmember Bowdre; seconded by Councilmember Westbrook; motion carried 7 - 0 & approved as presented.

CITY MANAGER’S REPORT 1. Tyler Water Utilities - The Lake Tyler Whitehouse Dam Improvements project, under oversight of Lisa Crossman, received the 2018 National Award for Engineering Excellence from the American Council of Engineering Companies. 2. Transit - The Americans with Disabilities Act (ADA) Visual/Audible Announcing System has been installed on all fixed route buses. This device will keep the City in compliance with Federal Transit Administration (FTA) ADA compliance regulations. The driver is supposed to announce the next traffic stop or important transfer spots, and now the system will automatically provide the announcements both visually and audibly. 3. Fire Department will have a Federal Emergency Management Agency (FEMA) Integrated Emergency Management Course. Next week, we will have a three-day Integrated Emergency Management training here in Tyler. Tyler is fortunate to be one of only 10 cities or counties in Texas to hold this training over the past 20 years. 4. Park Improvements (Southside Park, Hillside Park, Faulkner Park).

RECESS FOR EXECUTIVE SESSION – City Council convened into executive session at 9:50 am.

Executive Item No. 1: Under Tex. Gov't Code section 551.074 "Personnel Matters" deliberation regarding the following:

1. The employment, duties and evaluation of the City Manager.

Any final action to be taken by the City Council will be taken in open session.

(Councilman Warren – left chambers just prior to reconvening into open session.)

ADJOURNMENT City Council reconvened from executive session at 11:39 am with no action taken.

Motion by Councilmember Bowdre to adjourn the meeting at 11:40 am; seconded by Councilmember Nix; 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 4

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: P-1

Date: April 11, 2018

Subject: Request that the City Council consider hearing a presentation from NET RMA about area connectivity and Tollway 49.

Page: 1 of 1

Item Reference:

For more than 14 years, the North East Texas Regional Mobility Authority (NET RMA) has worked to provide area connectivity and improved mobility through the construction of Toll 49. NET RMA would like to share new developments and progress made along Toll 49 with the Tyler City Council.

RECOMMENDATION:

It is recommended that the City Council hear a presentation from NET RMA about area connectivity and Tollway 49.

ATTACHMENTS: 1. 2017 Annual Report

Drafted/Submitted By: City Manager 2017 Annual Report Member Counties

The Counties of the North East Texas Regional Mobility Authority:

Bowie County

Cherokee County

Gregg County

Harrison County

Kaufman County

Panola County

Rusk County

Smith County

Titus County

Upshur County

Van Zandt County

Wood County Member Counties Table of Contents

Board Chair Remarks 2

Board Of Directors 3

Mission 3

Member County Map 5

NET RMA Hourglass Map 6

Toll 49 Segment 4 7

Toll Road Maintenance 11

Toll 49 Usage 12

Priority Projects 13

Kaufman County 15

Upshur County 16

Wood County 17

The Truth About Tolling 18

Meet the Judges – Smith County 19

Meet the Judges – Gregg County 20

Meet the Judges – Harrison County 21

Collaborative Conversations: 2017 Transportation Forum 23

Strategic Planning 24

Executive Director Remarks 25

Financial Report 26 Table of Contents

Did You Know? The NET RMA is governed by 12 counties in East Texas.

1 Board Chair Remarks

be a four-foot flush median getting updates on national between lanes, additional transportation initiatives, rumble strips and reflectors Texas transportation between lanes and initiatives, and even Linda Thomas finally, increased signage transportation initiatives Chair emphasizing passing and specific to East Texas and no passing lanes. the NET RMA, please call the office. We would be It has been an amazing Construction has continued We were able to provide happy to add you to our year. A year of growth on Segment 4, and if you matching funds to emailing list. which, of course, leads drove anywhere near I-20, Kaufman, Wood and to more exciting change. this past fall, you probably Upshur counties with the The NET RMA continues to I am so proud and yet saw the bridge beams agency’s Priority Projects forge ahead and I’m thrilled humbled at the same time and bridge decking being program, which was active to play a small part in to be part of the continuing constructed across the for the second year in a transportation mobility in excitement at the NET RMA. interstate. There are several row. East Texas. Please join me photos of this momentous in pushing transportation The NET RMA moved into event contained in this In the communications forward in East Texas. its own offices for the first annual report. Additionally, realm, the agency hosted Current and future time ever at the beginning we continue to make its first Transportation generations will truly of the year. Shortly after upgrades to all segments Forum, bringing together benefit from our work. the move, the agency hired of the toll road. Recently, leaders from all over the a couple more employees, the entire toll road was East Texas area to learn Sincerely, which included a full-time outfitted to allow for more about transportation Director of Maintenance more passing lanes and mobility and how they who is spending a can help! Finally, the NET enhancements are also Linda Ryan Thomas RMA is also publishing significant part of his time underway for Segment 3B. Chair, NET RMA 2017 out on the road! When these are complete, its very own newsletter. there will If you are interested in

2 Board of Directors

Gary Halbrooks Dr. James Harris Robert Messer Andrea McCoy Cory Floyd Dan Droege Vice Chair Secretary Treasurer Bowie County Bowie County Gregg County Smith County Harrison County Kaufman County

Keith Honey Dave Spurrier Dave Anderson John Cloutier Barham Fulmer Mike Thomas Gregg County Gregg County Panola County Rusk County Smith County Smith County

Mission: The NET RMA, in cooperation with its regional partners, will provide solutions to expedite transportation and mobility projects that will improve the quality of life, enhance the regional econ- omy and assure efficient mobility in the North East Texas Region. Hudson Old Larry Morse Bob Moore Jason Ray Titus County Upshur County Van Zandt County Wood County

3 Board of Directors Board of Directors

Fond Farewells New Beginnings In 2016, the tenure of several Bowie County: Cory Floyd of Norton and transportation-focused board Wood Law Firm, and Andrea Williams McCoy, members came to an end. Governmental and Public Relations for Ward Jack Traylor, a 50-year retired Timber both joined the agency this year as new contractor of Jacksonville Jack Traylor Jim Bunch members to (Cherokee County), Jim Cherokee County Bowie County the board of Bunch, President/CEO of BWI Companies of directors. Both Texarkana (Bowie County) and Pat McGill, were appointed Corporation Manager at Harleton Water Supply, to the board Harleton (Harrison County), all said farewell to by Bowie the NET RMA. County Judge James Carlow. Cory Floyd Andrea McCoy In 2017, the tenure of two dedicated board Bowie County Bowie County members came to a close. Robert Murray, Pat McGill Panola County: Former Judge and the President/CEO of MTG Engineers and Harrison County retired business professional Surveyors in Texarkana (Bowie County), and Walta Cooke, David Anderson also joined Co-owner of Pippin Motor Company of Carthage (Panola the NET RMA as a new board County) said goodbye to the NET RMA. Both members have member. He was appointed served on the board since 2007. Robert also served on the by Panola County Judge Project Development and Implementation Committee and LeeAnn Jones. David Anderson Walta served on several ad-hoc committees during her tenure. Panola County We thank all of these individuals for their dedication Did You Know? and service to the North The NET RMA’s Board Members East Texas Regional Mobility are appointed by County Authority and the residents of Commissioners’ Courts and its East Texas. Board Chair is appointed by the Walta Cooke Robert Murray Governor of Texas. Bowie County Panola Couanty

4 Member County Map

Bowie County

Cherokee County PARIS I-30 Bowie DISTRICT Franklin Titus Gregg County Hunt Hopkins DALLAS DISTRICT arrison ounty I-30 Cass H C Morris

Kaufman County Rockwall Camp Rains Panola County Wood 271 ATLANTA Marion DISTRICT Upshur Rusk County 80 Kaufman Smith County Harrison Van Zandt I-20 Smith Gregg I-20 Titus County

Upshur County 69 TYLER DISTRICT 59 Henderson Rusk Van Zandt County 259 Panola Wood County 79 Anderson Cherokee TxDOT District 69 Boundary Shelby

NET RMA Nacogdoches Member Counties

LUFKIN DISTRICT

Did You Know? The NET RMA is the largest RMA in the state of Texas, geographically.

5 Member County Map East Texas Hourglass System –Toll 49

431 Gilmer 259 4 69 16 Segment 4 (Opening 2019) 16 59 Lindale 849 69 80 Marshall

I-20 I-20 Lindale Longview 49 69 I-20

Lindale Relief 49 Kilgore Route (Segment 4 ) Construction start: July 2016 Tyler Length: 6.7 miles Open Toll 49 Segment 4 (Opening 2019) Connect: 1-20 to US 69 North of 69 Non-Toll TxDOT Roads Whitehouse Segment 6 Potential Corridor Lindale Segment 7 Potential Corridor Segment 8 Potential Corridor Construction end: Early 2019 Potential I-69 Corridor

Asphalt: When completed, Excavation: 2.3 million cubic Bridge beams:There are Bridge deck: There are 211,700 Segment 4 will have 50,000 yards of material wiill have been 270 beams totaling 27,250 square feet of concrete bridge tons of hot mix asphalt –this is excavated when completed. linear feet. If you stacked the deck. This equals 21.2 million almost as much as This volume of material would bridge beams end to end, they pounds of concrete (10,600 the weight of the Titanic fill up 700 Olympic sized would be as tall as nearly 22 tons) which is equivalent to the (52,000 tons)! swimming pools! Empire State Buildings! weight of 128 space shuttles!

6 Segment 4 Progress: Gradework

Top: Backhoe performing excavation work on Segment 4.

Center left: Roadway subgrade compaction.

Center right: Leveling roadway base.

Bottom: Bulldozer performing roadway embankment earthwork.

Did You Know? Toll 49’s newest segment, known as The Lindale Relief Route (located north of I-20) will open in early 2019.

7 Segment 4 Progress: Gradework Segment 4 Progress: Bridgework

Top: Setting bridgedeck forms.

Center left: Pouring bridge deck on CR 431/Stevenson Branch Bridge.

Center right:Contractor setting prestressed concrete bridge panels on the CR 4118 crossover bridge.

Bottom: Setting bridge deck and parapet wall supports for CR 431/ Stevenson Branch Bridge.

8 Segment 4 Progress: Crossing I-20

Setting bridge beams at night for the Toll 49/I-20 flyover.

Did You Know? All major bridge work for Toll 49, Segment 4 was performed at night to minimize traffic congestion.

Did You Know? 99% of the construction for Toll 49, Segment 4 was financed through selling bonds.

9 Segment 4 Progress: Crossing I-20 Segment 4 Progress: Landscape

Top: Toll 49 roadway excavation and grading.

Center left and right: Roadway earthwork and embankment stabilization.

Bottom: Overview of the bridge at Toll 49 and I-20.

10 BTolloar 49:d C hMaairinten Remaranckse

Top: Gantry maintenance on Segment 3B.

Center left: Rolling a one-course surface treatment.

Center right: Traffic control for the widening of Toll 49.

Bottom: Applying aggregate for a one-course surface treatment.

11 BTolloar 49:d C hMaairinten Remaranckse Toll 49: Transactions

12,000,000 Annual Transactions 10,000,000 1. 2013 forecasted transactions are projected using a full system base model 8,000,000 from the CDM Smith 2014 Study.

2. 2014 forecasted transactions are 6,000,000 based on the CDM Smith 2014 Study.

3. 2015 and beyond is based on the 4,000,000 CDM Smith 2016 Study with 2017 Analysis Update. 2,000,000

(Left bar: projected; right bar: observed)

2013 2014 2015 2016 2017

Did You Know? Toll 49 generates more than 30,000 transactions daily.

12 BMoovingard C Mhaobilityir Remar Forksward

Did You Know? The NET RMA has returned over $900,000 to the North East Texas region through grants for non-tolled transportation-related projects.

13 BMoovingard C Mhaobilityir Remar Forksward Priority Projects 2017

Priority Projects Continue to Grow Original Investment $400K Take a group of enthusiastic, visionary transportation volunteers (the NET RMA Board of Directors) with a goal of expediting transportation in East Texas and the end result is the Priority Projects Program. The NET Current Investment $500K RMA provides organizational support and money to the grant winner(s) of the program each year. The agency was proud to award three grants in 2017, for a grand total of $500,000. Budgeted Investment 2018 $500K

Total Investment $900K in two years

Total Investment $1.4M in 3 years

14 BProioarrdity Ch Pariroje Recmarts 2017ks

Kaufman County: 34 Intersection Improvements

2727 Project: Intersection improvements

243 Location: SH 243/FM 2727

Kaufman Priority Project Funding: Kaufman County Bond program Location Benefit of project: Safety improvement for the SH 243 135 corridor. The project will help improve corridor efficiency, safety and mobility. 175 Monies allocated: $77,817 34

Houston Street

Kaufman Sports Complex THP Hospital Kaufman County Courthouse

Did You Know? Toll 49 serves a region where more than 1.2 million people live.

15 BProioarrdity Ch Pariroje Recmarts 2017ks Priority Projects 2017

Priority Project: 155 Upshur County: Possible West Loop Gilmer Loop Feasibility Study 8.8 Miles

Project: Feasibility study for the construction of a loop Priority Project: Gilmer Possible East Loop Location: Gilmer, TX 4.45 Miles

Funding: TxDOT’s rural transportation funding 154 555 154 Benefit of project: Will improve traffic safety, especially in school zones and at the major intersections of US 271 and SH 154, SH 155 and SH 300. Monies allocated: $250,000 300 155 271

Fox Stephens Field Gilmer Municipal Airport Gilmer Country Club Upshur County Courthouse

16 BProioarrdity Ch Pariroje Recmarts 2017ks

69 Wood County: 564 Infrastructure Improvements 564

49 Project: The development of water, sewer and natural Mineola gas infrastructure in support of the Northeast Texas Poultry Complex (Sanderson Farms) 80 Location: Mineola, TX 154 Funding: Local funds 80 Benefit of project: $200M capital investment in poultry complex, 1,700 new jobs, increased utility revenues 564 and franchise fees, etc. 69 Priority Project: Monies allocated: $172,183 Infrastructure Improvements

Proposed Sanderson Farms Mineola Transportation Complex Longhorn Ford Proposed 4” Natural Gas Line Proposed 4” Sewer Line Proposed 4” Water Line

17 BProioarrdity Ch Pariroje Recmarts 2017ks Mobilizing the Truth

With a diverse set of mobility needs to serve, tolling is merely one piece of the funding puzzle; a tool by which more timely infrastructure expansion is made possible. Tolling garners the most public attention, and with that attention comes some common misconceptions.

We’d like to take the opportunity to provide some clarity and separate fact from fiction:

Myth: Tolling a road is a double tax on drivers.

Truth: Taxes are mandatory. Tolls are a user fee that drivers pay when they make the choice to drive on toll roads. Courts have long ago established the distinction between tolls and taxes.

Myth: We’ve already paid for the roads.

Truth: Gas taxes are not enough to meet the need for improvements on existing and future corridors, and the cost of road maintenance over time is greater than the initial cost of building the road.

Myth: There is plenty of money from Propositions 1 and 7 to pay for new roads.

Truth: While it’s a great tool in the funding toolbox, the new money authorized by the Texas Legislature through Propositions 1 and 7 will not cover the great statewide funding need Texas has for mobility improvements.

Until the legislature allocates sufficient public funding for all our infrastructure needs, toll financing helps to meet the evolving mobility demands of the traveling public.

18 BMoeetar dY ouChra iCrounty Remar Jksudges

Walking into the Smith Family: Wife, Kyna, and his four children, Caleb, Victoria, County Judge’s office, one Juliette, and Lincoln. Judge Moran is one of four brothers. immediately notices a large The Judge’s eyes lit up when asked about his family. He is painting of the Texas Tech very committed to raising his children and being the best Red Raider mascot. Upon father and husband that he can be. further examination, it is Education: Graduate of Texas Tech University with a degree revealed that Judge Moran in Russian, an MBA, and a law degree. painted the picture himself. An artist, a family man, Enjoys most about the job: “I enjoy dealing with people and a public servant, Smith and problem solving. I’m passionate about making the County Judge Nathaniel county better by applying critical thought and hard work to Moran brings a wide range any issue that comes up.” of experience to the office. The former Red Raider, US Military Academy attendee and Hardest part of the job: “The challenges of working within Whitehouse graduate enjoys his job immensely. Judge Moran a structure of county government that is decentralized has a Bachelor’s Degree in Russian, an MBA, and a degree by design of the legislature. I work with twenty-eight in Law. Couple this with his work experience as an attorney, independently elected officials, each of whom are only focusing on business and commercial litigation, and then accountable to their electorate. So, as County Judge, I’ve had add Judge Moran’s personal work ethic, integrity and to learn to serve as a hub of communication with each of devotion, it is clear that Smith County is lucky to have Judge them, to seek out their input, and to collaborate with all of Nathaniel Moran them to solve the myriad of issues facing the County.” “I enjoy dealing with people and at its helm. Serving Hobbies: Enjoys supporting his children in their extra- problem solving. Passionate about the constituents of curricular activities, and providing life-experiences for them making the county better by utiliz- Smith County since in the hopes that they each will grow into productive adults. ing critical thought and fortitude.” the summer of He also enjoys playing the trombone, travelling, and writing. 2016, Judge Moran is passionate about his job and serving the people of First job: His first job was in the rose fields counting rose Smith County. bushes when he was still in middle school. In high school, he worked at a batting cage and mini-golf park in Tyler. And, Prior Occupation: Attorney. Focused on business and to pay his way through college, Moran worked at Mercado’s commercial litigation and transaction work. Mexico Café, where he learned how to make customer service a priority. He attributes many of his life lessons and personal growth to his work in the highly stressful restaurant service industry. Most recent book: Washington’s Secret 6. Several years ago, Judge Moran was a City of Tyler Councilman. Former Mayor Barbara Bass had the opportunity to work with Nathaniel when he served on the Tyler City Council. She describes the Judge as “a person with integrity, compassion, and someone who is fair and experienced. Nathaniel Moran has a huge heart, as he is willing and 19 wants to serve.” BMoeetar dY ouChra iCrounty Remar Jksudges Meet Your County Judges

Walking into the Gregg County Judge’s office, one Hardest part of the job: immediately notices a colorful hot-air balloon sculpture “Dealing with children behind his desk and a picture of John Wayne directly across with mental health issues; from his desk. issues that impact children as young as eight or nine. When asked about the sculpture Judge Bill Stoudt Before I was in office this responded, “I chaired the Longview Hot air balloon festival issue was complex and for 6 years prior to very time consuming. “You don’t have to have an becoming Judge. I have worked with appointment to come see me. As for John Wayne, healthcare professionals If I am here, I am willing to meet he said, “I watched and hospitals and have with anyone. I have an open-door all of his movies developed effective policy. I believe in transparency growing up.” It is processes that help these and getting things accomplished.” very apparent that individuals get the help they need in a faster and more Judge Stoudt is also efficient way.” a patriotic American and enjoys being a public servant. Stoudt has been a county judge since 2003 and states Hobbies: “I have a lake house. I like fishing, water sports, proudly, “Gregg County has no debt. It pays cash or utilizes travel and golf.” The most fun the Judge has had is traveling reserves if needed and they have the lowest tax rate of any through Europe with his daughter. county of a similar size.” Most recent book read: Decision Points by Prior occupation: “My first job was laying grass for a George W. Bush construction company during the summer at a mall in Judge Stoudt’s management style can be compared to Dallas. I was still in high school at the time and the mall Nike’s slogan, “Just Do It”. “I always make sure I have a is still there. I learned very quickly that I wanted to go to good feel for my constituents. You don’t have to have an college and find a different career path for myself. I also appointment to come see me. If I am here, I am willing decided that I wanted to work in air conditioning, so my to meet with anyone. I have an open-door policy. I believe second job was working inside the mall at a men’s clothing in transparency and getting things accomplished. It is store.” However, growing up, the Judge said he always amazing what you can accomplish if no one cares who gets wanted to be a veterinarian. “I just realized I wasn’t smart credit for it.” enough for that,” but he proudly states that his daughter became a veterinarian. Time in office: 15 years Family: Wife, Suzanne and Daughter, Cameron, a practicing veterinarian of equine surgery in Bryan/College Station, Texas Education: Bachelor of Business Administration from Georgia State University What he enjoys most about the job: “Being a servant for the community. I am in this position because of the people. I enjoy facilitating solutions and bringing people together, so we can achieve a goal.” 20 BMoeetar dY ouChra iCrounty Remar Jksudges

on the downtown public Proudest Accomplishment: When asked to describe square in Marshall and “Our staff. The departments the Judge, NET RMA this is where one can find have been very successful in board member Dr. Jim Harrison County Judge streamlining and becoming Harris stated, “He is quiet, Hugh Taylor on any even more efficient. They studious and extremely given day. take great pride in knowledgeable. He is delivering a great product to a planner and is very Prior Occupation: our constituents.” well informed regarding Attorney, licensed to transportation issues in practice in state and federal Most challenging part of East Texas and Texas as courts in 1993. Served 12 the job: “Balancing the a whole.” years as a Justice of the need of staff with the desire Peace for precinct one and of the public to keep taxes served as a City Judge for low. At the end of the day ne doesn’t have to O 6 years. He has been a you have to put the time look long or hard when County Judge since 2011. in to determine what is approaching the Harrison possible and to make sure County Court House to Education: Undergraduate you get $1.10 of value out of realize that it is a nationally at Texas A&M, College every $1 you spend.” recognized landmark. The Station, Law Degree from ornately styled building Texas Tech Among the many boards was listed on the National that Judge Taylor is part of, Register of Historic Places Enjoys most about he was recently appointed to in 1977. Designed in the job: “Success–actually chair TxDOT’s I-69 Corridor 1900, the courthouse making things happen. You Advisory Committee. has been renovated and must be a professional to This group of statewide is an excellent example make things happen. There leaders has a daunting of renaissance revival, are 254 counties in Texas task in the development beaux art, and classical and each one has its own of the Interstate 69 architecture. It is located intricacies for making freight corridor. things happen.”

“At the end of the day you have to put the time in to determine what is possible and to make sure you get $1.10 of value out of every $1 you spend.”

21 BMoeetar dY ouChra iCrounty Remar Jksudges Meet Your County Judges

22 BColloaradbo Crahativeir R eCmaronveksrsations

The NET RMA hosted its first Transportation Forum on September 13, 2017. The forum brought together regional transportation officials with the goals of improving and discussing new legislation and innovation as it pertains to transportation in East Texas and the state as a whole.

TxDOT Commissioner Victor Vandergriff presents at the first NET RMA Transportation Forum.

NET RMA Executive Director Chris Miller Introduces NET RMA Board Audience members were encouraged to participate and dialogue with speakers. Chair Linda Thomas to give opening remarks to the attendees.

The transportation panel fields questions. Members of the panel included: (L to R), Brian O’Reilly, Legal Counsel Locke Lord, Kaufman County Judge Bruce Wood, Gregg County Judge Bill Stoudt, TxDOT Commissioner Jeff Austin, III, District 9 Texas State Representative Chris Paddie, and Bowie County Judge James Carlow. 23 BColloaradbo Crahativeir R eCmaronveksrsations Strategic Planning

Strategic Plan Goals The goals for the strategic plan are below. The NET RMA is tasked with evaluating and updating the plan in even-numbered years.

GOAL #1: Address & provide GOAL 2: Continue to advance GOAL 3: Continue to identify GOAL 4: Maintain the direction within the NET RMA Toll 49, including the East potential transportation projects parameters for which toll facilities Texas Hour Glass Project, as in the region that the NET under the NET RMA’s ownership well as other existing projects RMA will support through are operated. undertaken by the NET RMA partnerships.

Objectives:: Objectives:: Objectives:: Objectives:: ◉ Maintain and reevaluate the ◎ Continue to advance ◎ Rely on the Texas Department ◎ Oversee the operations and 5-year Strategic Plan and Mission Toll 49, the flagship project of of Transportation (TxDOT), delivery methods of the essential Statement in Accordance with the the NET RMA. Short-term the counties, Rural Planning toll operational elements including NET RMA’s Bylaws. objectives include the Organization (RPO) of the East the toll system operation and construction of Toll 49 Segment Texas Council of Governments maintenance, customer service ◉ Evaluate the needs and 4, and identifying funding and the Metropolitan Planning center operation and maintenance, resources for staff, including the sources for the environmental Organizations (MPOs) to enforcement and violation implementation of an employee studies of Toll 49, Segments establish the majority of long processing and/or court system performance evaluation system 6 and 7. Additionally, work on range transportation projects processing. and pay for performance system. the long-term development of within the RMA boundaries. Segment 8. ○ Market toll tag products ◉ Successfully migrate the ◎ Request on an annual basis (TxTAG, Easy Tag, Toll Tag) for the complete transition of the finance ◎ Continue to cooperate with from each County through its NET RMA, as well as the program department to be an internal other agencies, where applicable, Board Member(s) and County for toll tag marketing/system function. to advance other projects already Judge the identification of the interoperability and distribution. undertaken by the NET RMA, County’s top priority project ○ Develop a strategic marketing including but not necessarily that they desire the NET RMA to ◉ Hire a Director of Maintenance plan, including a retooling of the limited to: Loop 571 in Rusk support. The support can take to develop, implement, and website to ensure it is a regional County, the expansion of US the form of political, technical coordinate reliable and efficient resource for transportation 271; US 80 Corridor Study in or financial support. Develop maintenance strategies and mobility. Kaufman County; acquisition of procedures to evaluate these processes that continue to protect abandoned Union Pacific ROW priority projects and determine the initial investment. ◎ Follow Bylaws, policies and between Whitehouse and Troup, the type and level of support the procedures for efficient and the East Texas Regional Partners RMA can provide. ◉ Ensure a well-planned effective operation of the for Transit Technology Upgrades. transition for maintenance activities NET RMA. ◎ Provide recommendations on Toll 49 from TxDOT to an ◎ Develop and implement to the Board based on that internally managed solution. ◎ Board Committees, as a strategic marketing plan to evaluation on the type of support established, will continue to advocate for and to aggressively to be provided by the NET RMA ◉ Provide input into selection of search and pursue future projects promote the utilization of Toll 49. for the priority projects including potential new back office provider. to meet the transportation needs possible financial funding as in the NET RMA region. provided by the NET RMA’s Budget for that fiscal year. ◉ The board shall investigate the merits of establishing an ○ Establish a presence Intermodal committee. as a facilitator of regional transportation projects, including: ◎ Annually develop, monitor, hosting a regional transportation review and amend Annual Fiscal forum, expanding the website, Operational Budget. considering new county memberships, and increasing Assure that the ethical and ◎ legislative advocacy. proper authority reporting through open meetings and annual reports takes place as required by agencies, financial agreements and for the public.

◎ Ongoing ◉ Completed ○ In Progress 24 BExeoarcutived Cha Dirir Recemartor’kss Remarks

It is an honor to serve as the Executive Director of the NET RMA and during this past year there have been significant accomplishments.

Operational Enhancements Chris Miller Executive Director »» Construction continues on Toll 49’s Segment 4 (Lindale Relief Route). »» Hiring of a full-time Director of Maintenance focused on the maintenance and upkeep of the entire Toll 49 system. »» Have once again awarded funds for the priority projects program. The total two-year investment has been $900,000 that has been given back to our member counties for furthering transportation initiatives in East Texas. »» Partnered with 20 local entities to show county, city and all-over regional support for moving the future enhancement of US 271 to an earlier date than what it is currently slated for. »» Working to move forward with Segments 6 & 7, Toll 49 development. Administrative Enhancements »» Hired an administrative assistant and a Director of Maintenance. »» Moved into the agency’s own office spaces. »» Migrated financial and maintenance activities to be internal, rather than external functions.

Community Outreach »» I have visited all of our County Commissioner’s Courts to provide an update on the NET RMA and its priorities. »» I have continued to reach out to the pubic to provide NET RMA updates to other interested parties. »» Reached out to the press proactively to provide updates on enhancements on Toll 49 and construction efforts regarding Segment 4. »» Hosted the first NET RMA Transportation forum, a half-day regional transportation conference. I have enjoyed working hand-in-hand with our board members and County Judges during the last two years. I am excited about the role the NET RMA is playing in the region and the future of transportation mobility in East Texas. As the agency works closely with its board members and County Judges we will continue to focus on strategic, economic and practical mobility issues in the Region. I am proud of the past accomplishments of the NET RMA and look forward to continuing to help the agency grow and achieve even more in the years to come.

Sincerely,

Did You Know?

Chris Miller Toll 49 runs 25.6 miles Executive Director, NET RMA 2017 from SH 110 to I-20.

25 BExeoarcutived Cha Dirir Recemartor’kss Remarks Financial Summary

North East Texas Regional Mobility Authority Actual and Budgeted Revenues and Expenses for the Fiscal Year Ended September 30, 2017 and Budgeted Revenues and Expenses for the Fiscal Year Ending September 30, 2018.

FY 2017 FY 2017 FY 2018 Adopted Actual Adopted Budget Budget Revenue: Toll revenue - electronic 9,330,069 8,952,800 10,286,000 Toll Revenue - video 4,226,506 5,164,269 4,478,000 County contributions 36,000 30,000 36,000 Income on Investments 0 359,102 314,000 Interest Income 0 180,701 64,562 Total Revenues 13,592,575 14,686,872 15,178,562

Expenses: Administration 1,526,912 1,789,807 1,633,705 General engineering consultants 465,250 617,026 456,040 Project development support 500,000 0 500,000 Roadway maintenance 948,400 1,018,440 1,047,760 Toll Processing/Collection Costs 809,000 914,121 1,015,165 Toll maintenance support 408,000 381,367 400,000 Toll operations support 280,688 231,131 304,265 Seg 3B Slope Repair Expense 0 284,140 0 Seg 3B Mill/Replace Asphalt Expense 0 2,208,797 0 Total Expenses $ 4,938,250 $ 7,444,829 $ 5,356,935

Net Before Financing Costs $ 8,654,325 $ 7,242,043 $ 9,821,627

Financing Costs Interest expense 6,060,084 5,456,733 5,637,288

Net After Financing Costs $ 962,801 $ 1,785,310 $ 4,184,339

Other Non-Cash Expenses Depreciation expense 7,476,609 6,448,795 6,520,000 Total Other Non-Cash Expenses $ 7,476,609 $ 6,448,795 $ 6,520,000

Change In Net Assets (Decrease) $ (6,513,808) $ (4,663,485) $ (2,335,661)

26 27 28 1001 East Southeast Loop 323 Suite 420 Tyler, TX 75701 903.630.7894 NETRMA.org

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: Z-1

Date: April 11, 2018

Subject: Z18-016 JOSHUA NEAVES (2323 HAVERHILL DRIVE) Request that the City Council consider approving a zone change from “R-MF”, Multi-Family Residential District to “R-1A”, Single-Family Residential District.

Page: 1 of 2

Item Reference:

The applicant is requesting a zone change from “R-MF”, Multi-Family Residential District to “R-1A”, Single-Family Residential District on Lot 9 of NCB 1445-C, one lot containing approximately 0.31 acres of land located north of the northwest intersection of McDonald Road and Haverhill Drive (2323 Haverhill Drive). The applicant is requesting the zone change to bring the existing use into conformance with the Unified Development Code (UDC).

According to the UDC, the “R-1A”, Single-Family Residential District is primarily intended to accommodate development of detached, single-family housing on large lots. The minimum lot area is 9,000 square feet and the maximum lot coverage is 50 percent. The maximum building height allowed is 42 feet. Setback requirements are 25 feet in the front and rear. The side yard setback is seven-and-a-half feet for interior lots and 12 feet for corner lots. Properties with a residential designation are subject to UDC Development Standards such as landscaping and tree preservation, bufferyards, and sign regulations.

Adjacent properties to the north, south and west are zoned “R-MF”, Multi-Family Residential District. The adjacent properties to the east are zoned “PMF”, Planned Multi-Family Residential District and "R-1D", Single-Family Detached and Attached Residential District. The adjacent properties to the west and south are currently developed as an apartment complex. The adjacent property to the north is currently developed as a single-family residence and the adjacent properties to the east consist of undeveloped land and single-family residences.

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

The applicant is requesting the zone change to allow the existing use, a single-family residence, to come into conformance with the UDC as part of a real estate transaction. Within the current “R-MF” zoning district, a single-family residence is not a permitted use. The current use as a single-family residence is considered a legal non-conforming use, which may be allowed to continue even though the use does not comply with the UDC. A single-family residence is a permitted by-right use in the “R-1A”, Single-Family Residential District.

Agenda Number: Z-1

Page: 2 of 2

On April 3, 2018, the Planning and Zoning Commission held a public hearing for this request.

As of Thursday March 29, 2018, of the six notices mailed, one notice was returned in favor and none were returned in opposition to the 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 a zone change from “R-MF”, Multi-Family Residential District to “R-1A”, Single-Family Residential District.

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

Drafted/Recommended By: Department Leader

Heather Nick, AICP Managing Director

Edited/Submitted By: City Manager

ORDINANCE NO. O-2018-

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-MF”, MULTI-FAMILY RESIDENTIAL DISTRICT TO “R-1A”, SINGLE-FAMILY RESIDENTIAL DISTRICT ON LOT 9 OF NCB 1445-C, ONE LOT CONTAINING APPROXIMATELY 0.31 ACRES OF LAND LOCATED NORTH OF THE NORTHWEST INTERSECTION OF MCDONALD ROAD AND HAVERHILL DRIVE (2323 HAVERHILL DRIVE); DIRECTING THE AMENDMENT OF THE ZONING MAP; PROVIDING A SEVERABILITY CLAUSE; 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 zoning change 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 zone change is hereby approved as follows:

I. APPLICATION Z18-016

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

Lot 9 of NCB 1445-C, one lot containing approximately 0.31 acres of land located north of the northwest intersection of McDonald Road and Haverhill Drive (2323 Haverhill 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.

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

PASSED AND APPROVED this the 11th day of April A.D., 2018.

______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 GUIDE

EXHIBIT “C” NOTIFICATION MAP

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: H-1

Date: April 11, 2018

Page: 1of 1

Item Reference: Request that the City Council consider holding a public hearing for citizen participation and consider approving a resolution authorizing the Police Department to apply for a Certificate of Waiver or Authorization from the Federal Aviation Administration to establish an unmanned aircraft program.

The Tyler Police Department is seeking to establish an unmanned aircraft (also known as “drone”) program to enhance its aerial photography, search and rescue, tactical, and disaster response capabilities. To be conducted lawfully, the department is required to obtain a Certificate of Waiver or Authorization from the Federal Aviation Administration (FAA). New Section 423.009 of the Texas Government Code, Regulation of Unmanned Aircraft By Political Subdivision, effective Sept. 1, 2017, creates the current framework by which Texas municipalities may adopt ordinances, orders or other similar measures regarding the operation of unmanned aircraft. The Police Department requests that the City Council hold a public hearing to receive public comment about the Certificate of Waiver the Police Department is seeking from the FAA and that the City Council authorizes the Police Department to begin the application process.

RECOMMENDATION:

It is recommended that the City Council conduct a public hearing for citizen comment related to the Police Department’s intention to apply to the FAA for a Certificate of Waiver or Authorization in order to conduct an unmanned aircraft program, and to approve the attached Resolution authorizing the Police Department to begin the FAA application process to establish an unmanned aerial vehicle program.

Drafted/Recommended By: Department Leader Jimmy Toler Chief of Police

Edited/Submitted By: City Manager

RESOLUTION NO. R-2018-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AUTHORIZING THE TYLER POLICE DEPARTMENT TO APPLY FOR A CERTIFICATE OF WAIVER OR AUTHORIZATION FROM THE FEDERAL AVIATION ADMINISTRATION TO OPERATE A PUBLIC UNMANNED AIRCRAFT PROGRAM. WHEREAS, The City Council of the City of Tyler finds that the use of unmanned aircraft, also known as drones, provide a cost effective alternative to manned aircraft operations; and WHEREAS, The City Council agrees that the Tyler Police Department’s public safety mission will be enhanced by the use of unmanned aircraft for crime and crash scene photography, evidence recovery, search and rescue, and disaster response; and WHEREAS, Chapter 423, of the Texas Government Code assures citizen privacy by restricting law enforcement use of unmanned aircraft to specific purposes allowed by law; and WHEREAS, a public hearing was conducted to hear citizen concerns; and WHEREAS, a Certificate of Waiver or Authorization, issued by the Federal Aviation Administration, is required for the Tyler Police Department to operate a public aircraft operation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS;

PART 1: That the City Council of the City of Tyler authorizes the Police Department to apply for a Certificate of Waiver or Authorization from the FAA to conduct public unmanned aircraft operations; and PART 2: That the City Council of the City of Tyler ratifies the City Attorney’s required public declaration letter to the FAA initiating the application process; and

PART 3: That the City Council of the City of Tyler authorizes the Tyler Police Department, once approved, to operate an unmanned aircraft program;

PART 4: Resolution shall take effect immediately upon its adoption.

PASSED AND APPROVED this 11th day of April, A.D., 2018.

______MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS

ATTEST: APPROVED:

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

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: M-1

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to execute a contract with Adams Engineering for engineering services related to the Keaton Drainage Study (West Mud Creek Tributary C1.1) and the Stagecoach Drainage Study in the amount of $129,190.00.

Page: 1 of 2

Item Reference: M-1, 7/26/2017; P-1, 6/22/2016

This study is two of six identified in the 2016 Drainage Capital Improvement Program (CIP) Strategy. The Engineering Department has received a proposal in the amount of $129,190.00 from Adams Engineering to perform both studies. Each study will include a survey of open channels and closed systems, hydrologic and hydraulic modeling and analysis, preparation of mitigation alternatives to flooding and erosion, and an engineer’s opinion of cost for each.

Keaton Drainage Study – This open channel and closed system traversing the Briarwood Addition and Southern Oaks Subdivision, generally extending from Cameron Avenue south to Shepherd Lane. Based on staff observations and feedback from a neighborhood meeting there is extensive interest in improving flood control, erosion, and failed channel structures. The purpose of this study is to identify the true extent of hazards and the most cost effective ways to mitigate.

Stagecoach Drainage Study – This system is a combination of open and closed drainage system traversing the Kingspark Addition, generally extending from Shiloh Road south before discharging into West Mud Creek Tributary B just south of Regency Lane. During heavy rainfall water leaves the drainage system and floods several homes. The purpose of this study is to identify the true extent of flood risk and the most viable mitigation options for flooding and failed structures.

FUNDING: Half Cent Sales Tax Fund

RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Adams Engineering for engineering services related to the Keaton Drainage Study (West Mud Creek Tributary C1.1) and the Stagecoach Drainage Study in the amount of $129,190.00.

Agenda Number: M-1

Page: 2 of 2

ATTACHMENTS: 1. Attachment A – Scope and Fee Summary 2. Attachment B – Location Map (Keaton) 3. Attachment C – Location Map (Stagecoach)

Drafted/Recommended By: Scott Taylor, P.E., Managing Director of Utilities and Department Leader Public Works

Edited/Submitted By: City Manager

Attachment A – Scope and Fee Summary

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Map Date: 4/4/2018 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 WITHOUT Map Source: R:\Projects\Engineering\ArcGIS Projects\Drainage Study Keaton Av e.mxd NOTIFICATION TO ANY USER.

ALTHOUGH THIS MAP IS BASED ON THE LATEST INFORMATION Th is produ ct is for inf ormat io na l p urposes and may not have been Project Area AVAILABLE TO THE CITY OF TYLER, NO WARRANTY, GUARANTEE, OR REPRESENTATION IS MADE BY THE CITY OF TYLER AS TO Drainage Study pre pa re d fo r or be suitab le fo r leg al, e ngineering, 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-ground survey and ENCOURAGED TO CHECK WITH THE CITY TO VERIFY THAT THE MAP rep re sen ts on ly t he app ro xim at e relative location of property BEING USED IS THE LATEST, MOST CURRENT ONE AVAILABLE. Strategy Study Basin (903) 531-1257 bou nda ries. 1 inch = 500 feet Keaton Ave Kensington Dr

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CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: M-2

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to execute a contract with Adams Engineering for the design, construction management, and construction inspection of the Broadway Avenue Drainage Improvement project in the amount of $78,025.00.

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Item Reference: M-1, 7/26/2017; P-1, 6/22/2016 This project is one of twelve identified in the 2016 Drainage Capital Improvement Program (CIP) Strategy. This project will repair a failing storm drain system and alleviate flooding on the downtown square along Broadway from Erwin to Elm. The Engineering department has received a proposal in the amount of $78,025.00 from Adams Engineering to perform engineering services for design, construction management, and construction inspection of this project.

The existing clay storm drain pipe is cracked and failing resulting in road closures, maintenance issues, and flooding of the downtown square during heavy rainfall. Additional scope is included to properly locate the numerous underground utilities in this area, thereby minimizing potential project delays due to utility conflicts.

FUNDING: Half Cent Sales Tax Fund

RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Adams Engineering for the design, construction management, and construction inspection of the Broadway Avenue Drainage Improvement project in the amount of $78,025.00.

ATTACHMENTS: 1. Attachment A – Scope and Fee Summary 2. Attachment B – Location Map

Drafted/Recommended By: Scott Taylor, P.E., Managing Director of Utilities and Department Leader Public Works

Edited/Submitted By: City Manager

Attachment A – Scope and Fee Summary

Attachment B – Location Map

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: M-3

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to renew Work Order No. 1, with a maximum cost of $1,000,000 per year, for support of the Wastewater Collection System’s Capacity, Management, Operations and Maintenance Program.

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Item Reference: April 12, 2017; M-2

In 2017, Tyler Water Utilities (TWU) entered into a Consent Decree with the Environmental Protection Agency (EPA) to address the City’s aging wastewater collection system and resulting discharges. The Consent Decree became effective on April 10, 2017.

On April 12, 2017, the City Council approved Work Order #1 for Staff Support Services. TWU selected Pipeline Analysis (PA) to provide Staff Support Services to help TWU comply with the requirements of the Consent Decree and avoid further penalties and fines.

Work completed by PA in 2017 included development and implementation of a Capacity, Management, Operations and Maintenance Program (CMOM). The CMOM program was submitted to the EPA and Texas Commission on Environmental Quality (TCEQ) on October 5, 2017. During the CMOM development, PA evaluated the data collection and recordkeeping procedures to ensure that TWU is collecting and maintaining the types and amount of data required for the quarterly and annual reports to the EPA. In addition, PA completed thorough inspections of various wastewater collection system (WWCS) components, e.g., manholes, lift stations, and force mains.

This year, the services to be provided will include, but not be limited to:

- Preparation of the Annual Condition and Remedial Measures report for Year 1, due in July to the EPA. - Assistance in development of Capital Improvements Plan (CIP) based on the assessment information from Year 1. - Assistance with getting the Indefinite Delivery and Indefinite Quantity (IDIQ) contract ready and implemented for use in Year 3. The IDIQ contract is currently under review in the City’s Legal department.

Agenda Number: M-3

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- Assistance with evaluating consultants and contractors to provide sewer cleaning services, pipeline testing, and inspection services. - Assistance with compiling data, identifying trends, and writing the annual report for submission to the EPA. - Assistance during construction of the remedial measures projects selected to be completed this year.

Individual tasks outlined by the Scope of Services in Work Order No. 1 will be assigned to PA on an as needed basis and may either be performed directly by PA, or by other consultants, with PA providing assistance to City staff to procure those consultants. Payment will be made as tasks are completed and will not exceed $1,000,000 per year.

RECOMMENDATION:

It is recommended that the City Council authorize the City Manager to renew the engineering services contract with Pipeline Analysis, LLC and execute Work Order No. 1, with a maximum cost of $1,000,000 per year, for support of the Wastewater Collection System’s Capacity, Management, Operations and Maintenance Program.

ATTACHMENTS: 1. Work Order No. 1

Drafted/Recommended By: Key Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works

Edited/Submitted By: City Manager

Professional Services Work Order 1.0 Sanitary Sewer System Consent Decree Staff Support & Augmentation

City of Tyler

James H. Forbes, Jr., P.E.

Pipeline Analysis, LLC 1115 Main Street Garland, Texas 75040 972-470-0655 TBPE Firm No. 6538

Work Order No. 1.0 Staff Support & Augmentation Services

BACKGROUND

This project will provide the necessary support assistance as requested by the City of Tyler staff to ensure compliance with the terms and timelines as outlined in the EPA consent decree. The proposed scope of services outlines the work tasks that may be requested by City staff as a result of specific Work Orders approved by the City of Tyler Director of Utilities.

The approach is organized around the City’s objectives for this project:

 Fulfill anticipated Consent Decree Requirements  Reduction in Sanitary Sewer Overflows (SSO’s) as defined in the Consent Decree  Cost controls and Least Cost Alternatives for Compliance  Attainment of long-term Infiltration/Inflow solutions  Collection System Capacity Assurance  Regulatory compliance  Sustainability of Program Elements  Customer satisfaction

Pipeline Analysis, LLC will perform professional services, when requested, for the City of Tyler. Specific assignments to be performed by the consultant under each numbered Work Order will consist of engineering services to address requirements of the EPA Consent Decree. These services will consist of engineering analysis to address requirements of wastewater collection system inspection, evaluation, planning, information management, training, preventative maintenance, hydraulic modeling and reporting needed for regulatory compliance.

Tyler Water Utilities (TWU) has been negotiating with the Environmental Protection Agency (EPA) since 2009 to develop a Consent Decree to address the city’s aging wastewater collection system and resulting unauthorized discharges. The intent of this project will be to provide City staff with technical support and assistance as they move forward with the implementation of the requirements of the Consent Decree. In some cases, Pipeline Analysis LLC (the CONSULTANT) and/or sub-consultants to Pipeline Analysis LLC may be tasked with performing services as described in Basic and Additional Services and in other cases the CONSULTANT may be tasked with assisting City staff with preparing Request for Proposals, bid specifications, or other contract documents so that the services described below may be contracted directly to other firms. In those cases, the CONSULTANT may assist City staff with contract management.

The Program – The Program is the comprehensive multi-year effort by the City to effectively improve the wastewater collection and treatment system’s performance and regulatory compliance. The City will be the Program Manager for this effort. Pipeline Analysis LLC and its sub-consultants will support the City, as needed and requested, to set the Program goals and objectives, organizational charts, systems, policies, procedures, standards, etc. for efficient

1 program implementation and will provide staff when areas of need are identified. Other engineering firms, consultants, construction contractors, etc. will be involved in implementing the City’s Program. There will be corresponding Program progress reports, staffing plans, Program schedules, etc. that Pipeline Analysis may help the City produce in support of staff.

The Project – The Project is the individual Work Orders. This includes the specific tasks that Pipeline Analysis is authorized to perform in support of the City staff.

James H. Forbes, Jr. will serve as Project Manager. Depending on the specific needs of the City, there may also be a number of assigned Work Order Managers.

Basic and Additional Services This section defines the scope for services (summarized in Attachment A) that may be requested as part of a Work Order, but the CONSULTANT will not begin work on this section without specific written approval by the Director of Utilities. The CONSULTANT will, with written authorization by the Director of Utilities, perform the following services:

BASIC SERVICES

I. Project Coordination

A. Action Plan: 1. Project Kick-off Meeting - A project kick-off meeting will be conducted CONSULTANT with core City staff that will have the day-to-day responsibility for implementation of the Program and managing the City's wastewater system. The 90 day action plan will be prepared, reviewed and adjusted to meet the specific needs of the City. Data and information needs will be identified along with project organization, management and communication plans.

2. Stakeholder Interviews - Key stakeholders in the overall regulatory compliance and wastewater management Program will be identified in the Project Kick-off meeting. Stakeholders may include other City department personnel involved or impacted by the Program, administrative staff, City elected officials, and others identified by the City. The CONSULTANT may conduct individual interviews with available stakeholders in preparation for the Program Goals and Objectives meeting. The interviews will be used to define the overall Program issues, concerns, strategic goals and objectives from the perspective of each individual stakeholder.

3. Program Goals and Objectives Workshop - The CONSULTANT may facilitate a workshop to establish the strategic goals and objectives of the overall Program. The workshop will include the core City team and stakeholders identified in the Project Kick-off meeting. The workshop will define the Program success factors and establish the overriding strategic goals and objectives that set the framework for the Program tactical initiatives which will also be identified at the workshop. Key service levels or measurable performance indicators will be identified at this workshop. Strategic goals and objectives can guide a compliance program through completion.

4. Management Plan Development - The CONSULTANT may assist the City in the development of a comprehensive Management Plan. The Management Plan will establish necessary program functions, systems, polices, and procedures to be

implemented, and the protocols by which the City will achieve its strategic goals and objectives over the life of the Program. The Management and Implementation Plan may include the following:

a. Program Organization Structure and Staffing b. Program Facilities and Office c. Communication Management d. Document Management e. Contract Management f. Management Information Systems g. Cost Management h. Schedule Management i. Change Management j. QA/QC Management Plan k. Risk Management l. Regulatory and Progress Reporting m. Land and Easement Acquisition n. Customer Communication and Service o. Inter-Department and Inter-Agency Coordination p. Design Management q. Construction Management r. CONSULTANT Transition Plan

5. Information Management Plan (IMP) – The CONSULTANT may develop an Information Management Plan (IMP) based on the data and information needs assessment initiated in the Project Kick-off Meeting. This plan will define the asset inventory, capacity, management, operation, maintenance and customer service data and information required for effectively managing the City’s wastewater system. The IMP will define the sources and owners of the required information and provide recommendations to add additional data identified in a data gap analysis. The IMP will provide an action for hardware, software, data management and business process improvements to effectively manage the large amount of data required for successful completion of the Program.

6. Reporting Plan – The CONSULTANT may prepare a detailed Reporting Plan that aligns the various sources of data and information identified in the IMP with the specific regulatory monitoring and reporting requirements. This plan will provide the specific business processes and procedures to routinely compile required data and information for compliance reporting. Specific roles and responsibilities for data collection, compilation and reporting will be identified along with routine schedules for date and report deliverables. The reporting plan will rely heavily on the IMP to maximize the use of the City’s Asset Management and Work Order systems for routine compliance reporting. Compliance report formats and templates will be developed as part of this plan to establish a reliable reporting process at the onset of the Program.

B. Project Coordination CONSULTANT may plan and assign proper qualified and experienced personnel to Project activities and provide other required equipment and material resources and maintain availability for proper Program execution. The CONSULTANT may coordinate the efforts of CONSULTANT and any SUB-CONSULTANTS assigned to the Project to maintain budget, schedule, scope, and quality compliance. The CONSULTANT may prepare and submit

monthly progress/status reports for the Project. Monthly Progress Reports shall include a narrative of activities performed during the subject billing period, an updated schedule, and identification of proposed resolution of issues, Project change management log, and a cost estimate to complete the Work. Based on the overall Program staffing, the CONSULTANT may provide staff support requested by the City. In addition to the functions identified throughout this scope of work, the CONSULTANT may assist with the following representative Program functions:

1. Document Control 2. Program Progress Reporting 3. Information System Management 4. Risk Mitigation 5. Cost and Schedule Management 6. Design Review 7. Construction Inspection 8. Quality Management

C. QA/QC Advisory The CONSULTANT may assist the City in the development of a Quality Assurance and Quality Control (QA/AC) Plan to check, as a minimum, document management systems compliance, planning methods, design methods, calculations, engineering and design documents, construction documents, cost estimates, field investigations, measurements, and other technical issues associated with Program and Project planning and execution. The QA/QC plan may be designed to be expanded and modified as the Program needs change.

D. Program Scheduling The CONSULTANT may assist the City in preparing and maintaining an integrated electronic Program schedule that will include all aspects of the Compliance Program. Periodically update the schedule at all phases of the Program. Schedule shall include critical activity start and/or completion dates as milestones, including monthly progress meetings, proposed engineering design, and all deliverable due dates.

E. Cost Estimating The CONSULTANT may assist the City in developing cost estimating guides and standards for Program related field surveys and inspections, design and construction of system rehabilitation and replacement and other related Program elements. The CONSULTANT may assist the City in preparing planning and design level construction cost estimates and in the review of cost estimates completed by others.

II. Asset Management

A. Information System Assessment The CONSULTANT may conduct an assessment of the City’s wastewater system information management systems including CityWorks, GIS, Bentley Hydraulic Model and other supporting software in use by the City staff. While the focus of this assessment will be on the reporting requirements, the assessment will also consider improved efficiencies in the long term management of the wastewater system. The information system assessment will include related hardware, software, data management, systems integration, procedures and business practices for wastewater system information management. The results and

recommendations of the assessment will be documented in a Technical Memorandum and summarized in the Information Management Plan.

B. CityWorks/GIS Integration City may authorize CONSULTANT to perform various tasks associated with the integration of CityWorks, GIS and other software systems. Tasks may include evaluation of existing software/hardware and recommending needed improvements, upgrades, custom programming and support of other software to enhance CityWorks Spatial reporting requirements, and develop automated reports, custom reports, and programming in support of regulatory compliance.

C. CityWorks Reporting Templates The City may authorize the CONSULTANT to assist in the development of various reporting templates and forms for the data and information stored in the City's CityWorks Asset Management Software System. Reporting tools like IBM COGNOS for CityWorks may be implemented to provide the required compliance reporting.

D. Data Management The CONSULTANT may assist the City in data collection, formatting, compilation, review, analysis, and reporting in accordance with the Information Management Plan. The CONSULTANT may work with the City to format and input data into the appropriate information management system to support compliance and better manage the overall wastewater system. The CONSULTANT may assist the City with routine updates of the data and information needs assessment and data management business processes. The CONSULTANT may also assist the City in the acquisition of any additional data identified in data gap analyses and perform routine quality control of the data in the information management systems.

III. Permitting and Regulatory

A. TCEQ/EPA Reporting and Documentation The Program will identify a significant number of periodic reporting requirements that must be submitted to the EPA. Likewise, TCEQ reporting requirements already in place within the TPDES permitting framework will continue to be necessary. This task implements the recommendations of the Reporting Plan to provide the routine required regulatory reports and correspondence to provide: 1) that the required reports are generated and submitted on time; 2) the various required reports are consistent with one another in terms of the information reported; and 3) that the resources expended to generate these reports is managed to reduce project costs. Potential elements of this task include:

1. Update required monitoring and reporting requirements of the Program and other regulatory reports required by the TCEQ or EPA. Report requirements will be cross-referenced to identify report information needs in one report that may be common to other reports. 2. Development of a report schedule for the initial two-years of the Program. 3. Development of a tracking system to ensure that required reports are generated on time.

This task will support the regulatory compliance requirements of the program. Over time, other tasks may result in the need to modify the reporting schedule, tracking system, or report templates.

ADDITIONAL SERVICES

I. Project Coordination

A. Public Relations and Outreach The CONSULTANT may assist the City in providing information to and to educate the public about Program goals and objectives through various outreach techniques to gather and maintain public support for the Program and for individual projects. The public information program may be designed to make direct contact, and nurture and maintain positive relationships with those individuals who reside, own businesses, work, and attend school in those areas affected by project construction as well as the community as a whole. The CONSULTANT may assist the City in the development of presentations, newsletters, press releases and other media materials required for the public information and participation program.

B. Presentation Support The CONSULTANT may assist the City in the development of presentation material to communicate Program progress and explain technical and non-technical aspects of the Program to various stakeholder groups.

C. CIP/O&M Budget Planning The CONSULTANT may assist the City in preparing annual Compliance Program budgets including capital improvement and operation and maintenance budgets.

D. Procurement/Contracts Management The CONSULTANT may assist the City in the evaluation of various project delivery alternatives for wastewater system improvements, preparing procurement documents for field services, planning, design, and construction projects associated with the Program.

E. Program Modifications The CONSULTANT may assist the City in identifying changes in the work to be completed under the Program to reduce costs and improve the Program effectiveness. The CONSULTANT may assist in preparing the necessary documentation in support of regulatory reporting requirements and assist when potential Program modifications are requested.

F. Transition Plan and Training The CONSULTANT may provide temporary staff support requested by the City to initiate a variety of regulatory functions. Short term Program assignments may be completed by the CONSULTANT and delivered to the City. Longer term assignments may be initiated with CONSULTANT staff support and transition to City staff. The CONSULTANT may develop a transition plan and provide required training to transition Program functions to City staff.

II. Condition Assessment

A. CCTV/Line Cleaning Support Perform CCTV as required to inspect designated pipelines and provide data in PACP format for each pipeline inspected. Scope of work may only require delivery of PACP CCTV digital data and may also include analysis of the collected data to determine cause of obstructions, condition assessment of pipeline, establish preliminary repair methods and estimated costs. Cleaning may be requested to facilitate CCTV inspection, debris removal, or to facilitate the annual cleaning goals and schedules established by the City.

B. Line and Manhole Inspections and Assessment City may authorize the inspection of each line entering and exiting the manhole. Normally performed in conjunction with manhole inspection, data on each pipe rim to invert distance, size, material, condition, photograph, observed defects, etc. is obtained and documented. City may authorize analysis of this data to establish prioritized remedial measures necessary to restore integrity along with estimated costs. Manhole inspections may be authorized to establish the existing condition and remedial measures necessary to prioritize and rehabilitate these assets. Inspection personnel will use digital cameras during the inspection of all manholes. All photographs will be included in the field inspection database so that a permanent electronic record can be maintained. During the preliminary and final data analysis, these photographs will provide detailed backup information on site conditions, observed defects and condition of the asset to assist in preparing recommended remedial action and estimated costs. The City may authorize the delivery of the manhole inspection data with or without analysis.

C. Smoke Testing Smoke Testing may be authorized to locate both public and private sector defects contributing to wet weather inflow, trace sewer connections or identify illicit connections with the storm sewer system. Smoke testing will normally include pubic notification using door hangers and coordination with fire and other city departments. Documentation of the tests will include digital database, photographs and defect location sketches. City may authorize analysis of collected data to include prioritized remedial measures and estimated costs.

D. PACP Coding/Training City may authorize QA/QC of CCTV data including review of PACP codes and/or coding of defects to meet PACP standards. CONSULTANT may be authorized to provide PACP training and certification.

E. Lift Station Assessment The City may authorize the CONSULTANT to perform a condition and/or capacity assessment(s) of designated lift stations. The assessment may require specialized staff to evaluate and prioritize structural, electrical, mechanical, instrumentation, site conditions, hydraulics, pump performance, O&M history, SOPs, flow monitoring, etc. and recommend remedial measures to address observed deficiencies and estimated costs.

F. Force Main/ARV Assessment The City may authorize the CONSULTANT to undertake an assessment of the lift station force main(s) and ARV. The assessment would include the walking of force mains and

documenting observed depressions, wet soils, leaks, map location of ARV’s, ARV condition, prioritized remedial measures and estimated costs.

G. I/I Prioritization and Reduction City may authorize CONSULTANT to prioritize areas of the city for I/I reduction efforts and develop documentation to establish the baseline I/I and subsequent percentage reduction in I/I following remedial measures. This scope may include analysis of flow data or installing flow meters to obtain detailed flow data for I/I prioritization. Analysis may include evaluating the cost effectiveness of transport treatment options, flow equalization, I/I reduction, etc.

III. Asset Management

A. Software Upgrades Based on the recommendations in the Information Management Plan for the Program, the City may authorize the CONSULTANT to assist with the procurement, installation, implementation and training for software upgrades and additions to maintain compliance and improve overall wastewater system management.

B. CityWorks Data Migration Wastewater system data may be developed through any number of different source and information management systems. The City may authorize the CONSULTANT to migrate system inventory, performance, compliance, condition, risk, operations and maintenance data from different software systems into the City's CityWorks Asset Management System.

C. Mobile Solutions The City may authorize the CONSULTANT to assist with the implementation and enhancement of mobile technology devices and the migration of data from the mobile field devices into the City's CityWorks Asset Management System. This effort may include the development of custom data input templates for mobile devices and intranet or Web based solutions for data migration.

D. lnformation Systems lntegration CONSULTANT may be authorized to facilitate integration of various software programs or databases from or to GIS and/or CityWorks. Such integration may include linking data from other software, such as Bentley, CityWorks, etc., for use in generating standardized reports for internal or regulatory compliance. Wastewater system asset inventory, performance, compliance condition assessment, risk assessment, operations, and maintenance, rehabilitation and improvement data may be located in a number of different information management systems. The City may authorize the CONSULTANT to develop protocols, common asset identification system, software and hardware to integrate various wastewater information management systems within the City's overall Information Technology framework.

E. CMOM Plan Development and Implementation CONSULTANT may be authorized to assist the City in the development and implementation of the CMOM (Capacity, Management, Operations and Maintenance) provisions. Tasks may include development of databases to track required progress, programing support to generate required reporting metrics, software/hardware upgrades, estimating least cost alternatives, training, SOP development, SSORP Plan development, FOG Plan development and updating narrative sections of the CMOM Plan.

F. FOG Program Support CONSULTANT may be authorized to assist the City in the support and/or implementation of the FOG requirements that may include FOG Manual updates, software integration for monitoring and compliance reporting, software/hardware upgrades, inspection staff support, SOP development, training, cost estimating, public relations programs and program evaluation.

G. SSORP Program Support CONSULTANT may be authorized to assist the City in support and/or implementation of the SSO Response Plan and/or Lift Station Overflow Response Plan requirements. Task may include SSORP Manual updates, development of SOPs, software/hardware upgrades. SSO root cause analysis, CCTV in support of the SSORP, data analysis, training, cost estimating, software integration for monitoring and compliance reporting, Lift Station Overflow Response Plan (LSORP) support and implementation assistance.

H. SSO Verification and Analysis CONSULTANT may be authorized to perform inspections and analysis to verify occurrences of SSOs, establish the probable cause, repair method and estimated costs. Task may also include preparation of SOPs, staff training, software/hardware upgrades, software integration for monitoring and compliance reporting, and support in minimizing SSO occurrences.

I. GIS Mapping and Database Support The City has invested in an enterprise GIS architecture capable of addressing the spatial and asset management needs for all municipal government services. CONSULTANT may aid the City in pursuing a complete, new inventory of their utility infrastructure to be used within the City's GIS for asset management, modeling, and other functions. CONSULTANT may provide updated survey data of existing utilities in GIS format, digitization of project record drawings, updating of the geodatabases based on rehabilitation/replacement associated with this Project, assist in the development of a GIS management/update plan, etc. CONSULTANT may be tasked with evaluation of spatial data for identifying critical infrastructure and problem areas which can be used for prioritizing needs or to aid in reporting Program compliance. Exhibits may be created for public meetings or for communication with City Council or City management.

J. Asset Risk Analysis and Prioritization The CONSULTANT may assist the City in a comprehensive risk of failure analysis and prioritization of its wastewater system assets. This analysis builds on the City's CMOM and condition assessment program to develop Likelihood of Failure, Consequence of Failure, and Risk of Failure analysis and rankings for all wastewater system assets. This analysis can be developed for manholes, pipes, lift stations and treatment facility assets. Using a common scoring approach, the risk results can be compared for assets in different asset groups. This analysis results in a quantitative risk score and ranking for all wastewater assets as the basis for determining the priority and funding requirements for system improvements.

K. Funding Strategy Development The CONSULTANT may assist the City in assessing the funding requirements associated with compliance and the associated capital improvement program. The CONSULTANT may assist the City in evaluating funding options for near term capital improvements and the long term system rehabilitation needs.

L. Capital Improvement Planning The CONSULTANT may assist the City in prioritizing wastewater system improvements consistent with the requirements of the Program. Wastewater system improvements and rehabilitation needs will be organized into capital improvement projects and programmed into the City's Capital Improvement Program (CIP). The City's Indefinite Delivery Indefinite Quantity (IDIQ) program may be utilized to complete applicable system rehabilitation projects. The CONSULTANT may assist the City in capital improvement planning and ongoing CIP progress reporting and may assist in the preparation of bid specifications for IDIQ contracting and outsourcing.

M. Long Term Asset Renewal Forecasting The CONSULTANT may assist the City in developing a long-term sustainability forecasts for wastewater system assets. The long term sustainability forecast is designed to predict the level of asset repair, rehabilitation or replacement required to maintain the City's standards of customer service and system performance over the coming decades. The long-term sustainability analysis looks at broad categories of assets that have similar useful lives and degradation profiles.

IV. Remedial Measures

A. IDIQ Implementation The City may authorize CONSULTANT to provide guidance and technical data in support of IDIQ contracts (by others). Data prepared by the CONSULTANT may be used to initiate remedial measures activities under the IDIQ contract(s). This scope of work may require coordination with the IDIQ consulting engineer and preparation of supporting maps, databases, preliminary remedial measures and cost estimates.

B. Rehabilitation/Replacement Alternatives Analysis Remedial measures analysis may be authorized to provide engineering evaluation of system deficiencies identified during condition assessment and capacity assessment activities. Defects identified during manhole inspection, smoke-testing, CCTV, FOG, etc. may be authorized for further analysis to establish the least cost remedial measure for each asset or additional investigations to establish best repair strategy.

C. Collection System Rehabilitation or Replacement City may authorize CONSULTANT to evaluate mainline sewer rehabilitation alternatives including pipe bursting and cured in place pipe (CIPP) lining. Data from the condition assessment and/or capacity assessment work tasks may be used for preparing detailed remedial measures plans establishing the suitability for pipe bursting and/or CIPP lining of sewers. Provide staff support in contracting rehabilitation efforts including preparation of maps, plans, specifications, attribute database update and inspection if requested. Open cut alternatives may be authorized for detailed analysis to prepare engineering report(s), for use

in preparing design plans, development of specifications, attribute database update and construction inspection if requested. CONSULTANT may be authorized to analyze data collected during manhole inspection and prepare remedial measures plan for manhole rehabilitation. Task may include evaluation of manhole defects, develop prioritized listing of repairs, prepare database of recommended repairs, prepare design plans, maps and specifications for contactor use, construction inspection and asset attribute database update.

D. Construction Administration/Observation The CONSULTANT may provide Construction Administrative and Observation services to assist the City in confirming that construction of a project is carried out in accordance with the requirements of the Contract Documents and the requirements of the City and regulatory agencies, within the project schedule, and with a minimum of disruption to ongoing activities. CONSULTANT will consult with and advise the City and act as its representative during construction. The construction services effort will have the goal of facilitating the construction to enable the work to progress in an efficient and cost-effective manner, while maintaining operations. CONSULTANT will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) (except as otherwise specified in the Contract Documents) or the safety precautions and programs incident to the Work of the Contractor(s). CONSULTANT may also provide a presence on the site through scheduled coordination meetings and inspections to provide quality control and monitoring for conformance with the design intent.

E. Construction Scheduling CONSULTANT may be authorized to assist staff in scheduling the timing of various construction projects to comply with the Program requirements and funding limitations.

V. Permitting and Regulatory

A. Regulatory Compliance One critical outcome of monitoring and reporting may be the need to respond to new SSOs and other potential non-compliance events. A protocol for evaluating non-compliance may be developed under this task. Such evaluation may include a repeat-SSO analysis and risk assessment to determine the likelihood of failure and appropriate response mechanisms. The CONSULTANT would assist the City with meetings and communications with the EPA and TCEQ on the progress of the Program and other regulatory compliance issues. This task may also include assessment of responses to non-compliance and identification of areas of improvement, as needed. This tool is designed to assist the City with demonstrating that not only are improvements to the management of SSOs being accomplished, but a methodology for continuous improvement to the response mechanism is in place.

B. Health and Safety City may authorize CONSULTANT to assist in preparation of updated health and safety manuals, SOPs, training and support for the health and safety of City staff, residents and contractors.

VI. Capacity Assessment

A. Field Verification CONSULTANT may be authorized to perform field verification to confirm site conditions, elevations, defect location(s), map update, sizes, materials, lengths, dimensions, etc. to confirm critical data. Field verification of potential capacity constraints may be authorized and may include installation of flow meters, rain gauges, level measurements, etc. to collect data for hydraulic model input, analysis and report.

B. Flow and/or Rainfall Monitoring CONSULTANT may be authorized to install, operate and maintain temporary and/or permanent flow and/or rainfall monitors at key locations within the City. Task may include analysis of data and preparing report(s) on findings and recommendations. CONSULTANT may be authorized to assist in preparing a permanent flow/rainfall meter network plan with recommendations for meter site locations, equipment, estimated costs and staff training.

C. Pump Performance Testing CONSULTANT may be authorized to perform pump performance tests to determine the performance of each pump and combination of pumps and prepare a report(s) on findings that may include comparison with design operating points, recommendations and estimated cost of improvements. Analysis may be authorized to include force main C factor tests, flow tests, operating pressures, valve O&M, etc. necessary to evaluate lift station pumps.

D. Gravity Line Capacity Analyses CONSULTANT may be authorized to perform various levels of capacity analysis depending on subsequent use and level of accuracy requested by the City. Depending on the level of accuracy required, CONSULTANT may use the existing hydraulic model, perform site flow monitoring to gather specific flows or perform simple calculations based on existing system data to determine existing and future capacity. CONSULTANT may prepare a report(s) describing the methodology and assumptions used in preparing the capacity analysis.

E. SSO Root Cause Analysis CONSULTANT may be authorized to gather data to establish the root cause for SSOs. Such analysis may include performing CCTV or reviewing cleaning and CCTV data, determining if structural deficiencies, grease, debris, are contributing to the SSO, elevation survey, confirmation of pipe sizes, elopes, etc. and prepare report(s) identifying the probable cause with recommendations and estimated costs if requested.

VII. General Engineering

A. Topographic Survey CONSULTANT may be tasked with providing topographic survey services to determine location and/or elevation data of various City infrastructure or property. CONSULTANT will provide field surveys, as required, including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 5, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area.

B. Subsurface Utility Engineering (SUE) The CONSULTANT may perform engineering services which will result in accurately identifying the location of subsurface utilities that have a high potential for conflicts with the proposed improvements, and for acquiring and managing that level of information during the development of the project. These services shall conform to standards and guidelines as described in FHWA and ASCE Subsurface Utility Engineering publications. The final work shall be completed such that all known utilities with potential conflicts are graphically depicted in both a digital and hard copy/plan sheet format. For the purpose of this agreement, “locate” means to obtain precise horizontal and vertical position of the utility line by excavating a test hole. The test holes shall be done using vacuum excavation or comparable nondestructive equipment in a manner as to cause no damage to the utility line. After excavating a test hole, the CONSULTANT shall perform a field survey to determine the exact location and position of the utility line.

C. Planning & Integrated Planning Support The City is considering how best to incorporate the principals of Integrated Planning into the Program. This task assumes that at least some elements of integrated planning may be developed by the City for compliance. The task may include a review of the City's permitting requirements and management program in order to identify potential integration issues with the Program.

D. Infrastructure Design - Plans & Specifications CONSULTANT may study, verify, and implement recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these recommendations into a set of construction plans. Development of the construction sequencing will be coordinated with the City and CONSULTANT staff. Prepare a set of the construction bid and contract documents (electronic and full-size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirement, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for bid, the size and character of the entire project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis.

E. City Standard Specifications and Details CONSULTANT may support City staff by providing review of documents prepared by others and/or recommendations for modifications to the documents. One goal may be to ensure all specifications and details conform to the various agency requirements and that they provide the guidance necessary for long-term compliance.

F. Value Engineering CONSULTANT may be tasked with studying a project's functional relationships and cost of the project elements, identify and evaluate potential alterative concepts, and develop conceptual- level cost estimates for the "best-few" alternatives considered worthy of consideration for project value improvement. It is expected that the City's focus on sustainability will be reflected in the recommendations. CONSULTANT may recommend value engineering options (alternative design, construction methods, procurement, etc.) that may improve efficiency, expedite the schedule, or reduce project costs for the City.

VIII. FEE FOR BASIC AND ADDITIONAL SERVICES

This project has a budget cap of $1,000,000 per year. For services authorized by the Managing Director of Utilities and Public Works the City will pay the CONSULTANT a not to exceed fee per the negotiated cost for those services requested in each Work Order. The negotiated fee will be based on agreed to hourly rates, equipment charges, unit prices and/or lump sum costs provided in each Work Order Fee Schedule. CONSULTANT rates for FY 2017-2018 are summarized in Attachment B. These rates may be negotiated for each contract renewal period. The Environmental Compliance Engineer is responsible for assigning tasks to the CONSULTANT and approving monthly invoices.

VIX. TERM

Work Order shall have a term of one (1) year with the option to renew for nine (9) additional terms of one (1) year each. Each additional term renewal will be subject to the approval of the Tyler City Council.

Attachment A - Scope of Services Task Description Summary Basic Work Order Services Code Task Description Item 1Action Plan I.A. 2 Program Coordination I.B. 3 QA/QC - Advis ory I.C. 4 Project Scheduling I.D. 5 Cost Estimating I.E. 6 Information System Assessment II.A 7 CityWorks/GIS Integration II.B. 8 CityWorks Custom Programming II.B. 9 CityWorks Reporting Templates II.C. 10 Data Management II.D. 11 TCEQ/EPA Reporting and Documentation III.A Additional Work Order Services Code Task Description Item 12 Public Relations and Outreach I.A. 13 Presentation Support I.B. 14 CIP/O&M Budget Planning I.C. 15 Procurement/Contracts Management I.D. 16 Program Modifications I.E. 17 Transition Planning and Training I.F. 18 CCTV & Line Cleaning Support II.A. 19 Line & Manhole Inspections and Assessment II.B. 20 Smoke Testing II.C. 21 PACP Coding/Training II.D. 22 Lift Station Assessment II.E. 23 Force Main/ARV Assessment II.F. 24 I/I Prioritization and Reduction II.G 25 Software Upgrades III.A 26 CityWorks Data Migration III.B. 27 Mobile Solutions III.C. 28 Information Systems Integration III.D. 29 CMOM Development and Implementation III.E. 30 FOG Program Support III.F. 31 SSORP Program Support III.G. 32 SSO Verfication and Analysis III.H. 33 GIS Mapping and Database Support III.I. 34 Asset Risk Analysis and Prioritization III.J. 35 Funding Strategy Development III.K. 36 Capital Improvement Planning III.L. 37 Long Term Asset Renewal Forecasting III.M. 38 IDIQ Implementation IV.A. 39 Rehab/Replacement Alternatives Analysis IV.B. 40 Collection System Rehabilitation/Replacement IV.C. 41 Construction Administration/Observation IV.D. 42 Construction Scheduling IV.E. 43 Regulatory Compliance V.A. 44 Health & Safety V.B. 45 Field Verification VI.A. 46 Flow and/or Rainfall Monitoring VI.B. 47 Pump Performance Tests VI.C. 48 Gravity Line Capacity Analyses VI.D. 49 SSO Root Cause Analysis Vi.E. 50 Topographic Survey VII.A. 51 Subsurface Utility Engineering (SUE) VII.B. 52 Planning & Integrated Planning Support VII.C. 53 Infrastructure Design - Plans and Specifications VII.D. 54 City Standard Specifications and Details VII.E. 55 Value Engineering VII.F. 15

WORK ORDER MANAGER

The Environmental Compliance Engineer, or designee, will be the Work Order Manager and will be the primary City contact person during performance of this work. The Work Order Manager may be changed at the City’s sole discretion by notifying Pipeline Analysis LLC of the change through email or written notification (see below). All correspondence or inquiries should be addressed to the Work Order Manager.

This work task will be coordinated by:

Kate Dietz, P.E., Environmental Compliance Engineer Work Order Manager P.O. Box 2039 Tyler, TX 75710 903-531-1085

APPROVALS

The undersigned have reviewed and approved this Work Order and authorizes Pipeline Analysis LLC, through this Notice to Proceed, to perform the work as presented:

Authorized by: Pipeline Analysis LLC: 1115 Main Street Garland, Texas 75040 800-637-0164 [email protected]

______March 27, 2018 (Date)

James H. Forbes, Jr., P.E. – President TBPE Firm No. F-6538

Authorized by: City of Tyler

______(Date)

Edward Broussard, City Manager 212 N Bonner Ave, Tyler, TX 75702 (903) 531-1250

FY2018-2019 Rates

This section defines the rates for compensation for services that may be included as part of this project. Pipeline Analysis LLC will not begin work without specific approval of the scope and fee. Fees for Services associated with each Work Order are an allowance with a not to exceed maximum fee. The Work Order fee may be lump sum, time and materials, unit price or a combination. Monthly billings will provide the backup quantities completed, time records, materials and direct costs in support of the billing. The hourly rates may be adjusted annually with City approval.

Pipeline Analysis LLC Fully Burdened Hourly Rates

Principal/Sr. Project Manager $198 Senior Engineer $174 Field Operations Manager $163 Crew Leader $62 Technician $49 GIS Technician $78 TV Operator $68 TV Technician $49 General Labor/Clerical $40

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: M-4

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $1,997,551.25 for sanitary sewer system cleaning and inspection services.

Page: 1 of 2

Item Reference:

TWU identified 542,903 linear feet of sewer mains in the north-central, downtown area of the City to be cleaned during this second year. This area was selected because it appears to show a greater amount of infiltration and inflow into the system, therefore, identifying needed repairs in these areas will reduce the amount of flow to the treatment plants and reduce the possibility of future overflows in the areas. TWU was able to obtain prices for sewer cleaning and television (TV) inspection services through the BuyBoard from Insituform Technologies, LLC. Attached for review is a copy of the agreement with Insituform, as well as a location map of the area to be cleaned and inspected.

Insituform completed approximately 267,372 linear feet (51 miles) of gravity main cleaning and 239,243 linear feet (45 miles) of gravity main CCTV inspection in 2017. Their assistance with cleaning and inspection enabled City of Tyler crews to concentrate on repairs needed to existing sewer mains and other maintenance responsibilities.

RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $1,997,551.25 for sanitary sewer system cleaning and inspection services.

Item Number: M-4

Page: 2 of 2

ATTACHMENTS: 1. Location Map 2. Agreement

Drafted/Recommended By: Key Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works

Edited/Submitted By: City Manager

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ENCOURAGED TO CHECK WITH THE CvITY TO VERIFY THAT THE MAP A ! ! ! ! s St BEING USED IS THE LATEST, MOST CURRENT ONE AVAILABLE. ! ! Reeve e v ! ! (903) 531-1257 e ! ! ! ! ! ! This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying ! purposes. It does not represent an on-the-ground survey and Sewer Manholes Major Roads represents only the approximate relative location of property 0 200 400 800 Sewer Gravity Mains Railroads ± boundaries. Minor Roads Basin Boundary Map Date: 3/29/2018 Feet Map Source: R:\Projects\Water Administration\Exported Maps\SewerCleanCCTV.mxd Insituform Technologies, LLC is a subsidiary of Aegion Corporation

1103 Postwood Dr. Nam e: Tim Peterie Fax: 940-498-0265 Corinth, TX 76210 Phone: 214-317-0950 Email: [email protected] An Aegion Company www.insituform.com

March 29, 2018 ACES#: AAJA-XPV6LA

Ms. Kate Dietz, PE City of Tyler 423 W. Ferguson Street Tyler, TX 75702-5632

Buyboard Proposal Project Name: City of Tyler, TX – Clean & CCTV Sanitary Sewer, Phase II Basin 13

INSITUFORM TECHNOLOGIES, LLC herein proposes to furnish all labor, materials, equipment, and services necessary to complete the referenced project (as detailed in the project information provided to Pipeline Analysis and presented by the City of Tyler) utilizing The Local Government Purchasing Cooperative Contract #555-18 administered through the BuyBoard.

ASSUMPTIONS AND QUALIFICATIONS

This pricing is based on the best available information at the time of this proposal. It is understood that the work to be completed in this proposal is to complete assessment of the sanitary sewer lines by obtaining video footage of the entire length, cleaning the lines by removing all loose debris, determining condition codes, providing inspection reports, and entering completed data directly into the City’s database.

Water shall be provided at no cost to Insituform Technologies, LLC for all construction phases of this project. Insituform Technologies, LLC will follow all required deposit, backflow prevention, and metering procedures.

It is understood that the start date is anticipated for May 1, 2018 with entire project completed on or before December 31, 2018. Cleaning crews will be allowed to work Saturdays and Sundays, 12 hours per day, as needed. NASSCO PACP compliant (Pipeline Assessment and Certification Program) version 6.0 or greater

The City of Tyler will provide access to all manholes, permits, traffic control beyond cones and residential controls, and disposal site for debris. Should any point repairs, partial collapses, or protruding objects be identified during the TV phase, one attempt to complete the line with a reverse set-up will be made.

R.O.W maintenance for access will only be utilized on an as-needed basis and at the approval of the City of Tyler. The pricing in this proposal assumes that all Technical Specifications set forth by the BuyBoard will be strictly adhered to. Any changes to these specifications must be noted and agreed upon by both parties prior to finalizing the proposal pricing.

Special: 1. No bonding is included in the pricing. Allow an additional 1.5% if necessary.

PROPOSAL TERMS AND CONDITIONS

Terms and Conditions from the Texas Statewide Cooperative Purchasing Contract are available upon request from the BuyBoard. Any changes to these conditions must be noted and agreed upon by both parties.

March 29, 2018 Page 2

PROPOSAL PRICING City of Tyler Ph.II Clean/CCTV Basin 13 Prices

PROPOSAL INCLUSIONS

The prices stated in this proposal include:

1. Mobilizations and demobilization. 2. Residential street traffic control as needed. 3. Confined space safe entry practices. 4. Certificate of insurance with a standard coverage.

PROPOSAL EXCLUSIONS

Not included in the prices stated in this estimate are costs associated with the items listed below. These items, if needed or found to be applicable, would be provided by INSITUFORM TECHNOLOGIES, LLC at your additional cost; or would be furnished by others, at your direction, at no cost to INSITUFORM TECHNOLOGIES, LLC:

a) Project permits and/or local licenses. b) TXDOT traffic control plan. c) State and local sales and/or use taxes on the value of the project. If you are exempt please submit the appropriate documentation. d) Additional premiums for special insurance coverage(s) demanded by you or other parties particular to this project. e) Performance and Payment Bond not included. This is available upon request, but if required please add 1.5% to the total project cost. f) If any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials.

March 29, 2018 Page 3

PROPOSAL TERMS AND CONDITIONS

a) Limits of Liability. In consideration of INSITUFORM TECHNOLOGIES, LLC’s agreement to maintain no less than $5,000,000 of comprehensive general liability insurance in the form required by the Contract, INSITUFORM TECHNOLOGIES, LLC’s liability to the Owner for any matter covered by such insurance will be limited to the extent of such insurance and the Owner will indemnify and hold INSITUFORM TECHNOLOGIES, LLC harmless from any third party claims covered by such insurance to the extent such claims exceed the limits of such insurance. Neither party shall be liable to the other for consequential damages relating to the contract. In case of conflict between this provision and any other provision in the Contract as ultimately executed, this provision shall govern and prevail. b) LIMITED WARRANTY. IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. c) MUTUAL RELEASE OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. d) PROPOSAL SUBJECT TO NEGOTIATION OF OTHER STANDARD TERMS OF AGREEMENT. This proposal is subject to agreement of the parties on other terms and conditions as are customary in contracts of this nature. e) Quantities are estimated. Unit prices apply for actual invoice and payment. f) Payments are due at net within thirty days of invoice. Final payment is due within thirty days of completion of project. g) Monthly progress partial payments may be requested for the value of work in progress or completed, including materials secured and on site. h) Prices stated are in effect for thirty days from the date of this proposal. The acceptance period may be extended at the sole option of INSITUFORM TECHNOLOGIES, LLC. i) Conflicts. In case of conflict between the provision of the aforesaid paragraphs and any other provision in the Contract as ultimately executed the provisions as set forth above shall govern and prevail.

OFFERED BY: ACCEPTED BY:

INSITUFORM TECHNOLOGIES, LLC

Timothy R. Peterie SIGNATURE DATE

TIMOTHY R. PETERIE BUSINESS DEVELOPMENT MANAGER NAME

REVIEWED BY: TITLE ANDY OZMENT AREA MANAGER ORGANIZATION cc: Jim Forbes, PE (Pipeline Analysis) Kenny Pipitone Josh Awalt

This accepted proposal constitutes a formal agreement. If you initiate a purchase order or other document, it will not be acknowledged without this proposal being referenced or as an attachment.

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: M-5

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $698,632.76 for clearing and maintenance of the sanitary sewer system easements to enable system access and inspection.

Page: 1 of 1

Item Reference:

On April 10, 2017, Tyler Water Utilities (TWU) entered into a Consent Decree with the Environmental Protection Agency in order to improve the operation and maintenance of the City’s wastewater collection system. One of the requirements of the Consent Decree is to clean and inspect every pipe segment in the collection system as part of the sewer system Condition Assessment, which will help identify pipes that need to be repaired or replaced due to breaks or other defects. TWU must clean a minimum of 100 miles (or 528,000 linear feet) and inspect a minimum of 75 miles (or 396,000 linear feet) every year. To continue the assessments, as well as facilitate regular inspection and maintenance of the system, the sanitary sewer easements need to be cleared on an annual basis. TWU has identified 55,014 linear feet of easement that needs to be cleared of brush and trees, and 179,626 linear feet of easement that need to be maintained by cutting new growth and expanding localized clearing to better allow equipment access. TWU was able to obtain prices for easement clearing and maintenance through the BuyBoard from Insituform Technologies, LLC. Attached for review is a copy of the agreement with Insituform,

RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement through the BuyBoard with Insituform Technologies, LLC, in the amount of $698,632.76 for sanitary sewer system easement clearing and maintenance.

ATTACHMENTS: 1. Agreement

Drafted/Recommended By: Key Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works

Edited/Submitted By: City Manager

Insituform Technologies, LLC is a subsidiary of Aegion Corporation

1103 Postwood Dr. Name: Tim Peterie Fax: 940-498-0265 Corinth, TX 76210 Phone: 214-317-0950 Email: [email protected] An Aegion Company www.insituform.com

March 19, 2018 ACES#: AAJA-XPV6MS

Ms. Kate Dietz, PE City of Tyler 423 W. Ferguson Street Tyler, TX 75702-5632

Buyboard Proposal Project Name: City of Tyler, TX – Right of Way Clearing & Maintenance Phase II

ASSUMPTIONS AND QUALIFICATIONS

Clearing is specifically to allow the City or contractors to access the wastewater collection system for inspection, testing, rehabilitation, and repairs. Clearing shall consist of mulching 6 inch trees and smaller (anything larger to remain) where possible by motorized mulching equipment. Mulched debris to remain in R.O.W. Where hand clearing is required due to ground conditions, debris will be left un-mulched along edge of R.O.W. Canopy height of R.O.W. is to be a minimum of 8 feet and clearing width of 20 feet. Maintenance of R.O.W. will consist of cutting new growth and expanding localized clearing to better allow equipment access to the sanitary sewer. Approximately 234,640 linear feet of R.O.W. has been identified for clearing and or maintenance. Actual measured quantities and survey distance between manholes will determine final billing. Maintenance is a per linear foot price. Each time a R.O.W. section is maintained, payment is Net 30. Work may be stopped if payment is 45 days past due. Stated prices are subject to adjustment if changes are agreed upon.

The pricing in this proposal assumes that all Technical Specifications set forth by the BuyBoard will be strictly adhered to. Any changes to these specifications must be noted and agreed upon by both parties prior to finalizing the proposal pricing.

Special: 1. No bonding is included in the pricing. Allow an additional 1.5% if necessary. 2. Insituform anticipated 6 months to complete the work and is dependent on dry conditions for most locations.

PROPOSAL TERMS AND CONDITIONS

March 19, 2018 Page 2

PROPOSAL PRICING City of Tyler Right of Way Clearing & Maintenance Ph.II Prices

Unit of Description Quantity Measure Unit Price Extended Total 20 Foot R.O.W. Clearing (South Service Area) 55,014 LF $6.95 $382,347.30 20 Foot R.O.W. Maintenance (West Service Area) 156,296 LF $1.71 $267,266.16 20 Foot R.O.W. Maintenance (South Service Area) 23,330 LF $1.71 $39,894.30 14 Foot Gate 5 EA $575.00 $2,875.00 Replace MH Ring & Cover 10 EA $455.00 $4,550.00 Technical Field Support 20 HR $85.00 $1,700.00

TOTAL $698,632.76

PROPOSAL INCLUSIONS

The prices stated in this proposal include:

1. Mobilizations and demobilization. 2. Certificate of insurance with a standard coverage.

PROPOSAL EXCLUSIONS

a) Additional mobilizations and/or setups due to delays out of our control may be an additional charge. b) Project permits and/or local licenses. c) State and local sales and/or use taxes on the value of the project. If you are exempt please submit the appropriate documentation. d) Additional premiums for special insurance coverage(s) demanded by you or other parties particular to this project. e) Performance and Payment Bond not included. This is available upon request, but if required please add 1.5% to the total project cost.

PROPOSAL TERMS AND CONDITIONS

March 19, 2018 Page 3

b) LIMITED WARRANTY. IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. c) MUTUAL RELEASE OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract.

d) PROPOSAL SUBJECT TO NEGOTIATION OF OTHER STANDARD TERMS OF AGREEMENT. This proposal is subject to agreement of the parties on other terms and conditions as are customary in contracts of this nature. e) Quantities are estimated. Unit prices apply for actual invoice and payment. f) Payments are due at net within thirty days of invoice. Final payment is due within thirty days of completion of project. g) Monthly progress partial payments may be requested for the value of work in progress or completed, including materials secured and on site. h) Prices stated are in effect for thirty days from the date of this proposal. The acceptance period may be extended at the sole option of INSITUFORM TECHNOLOGIES, LLC. i) Conflicts. In case of conflict between the provision of the aforesaid paragraphs and any other provision in the Contract as ultimately executed the provisions as set forth above shall govern and prevail.

OFFERED BY: ACCEPTED BY:

INSITUFORM TECHNOLOGIES, LLC

Timothy R. Peterie SIGNATURE DATE

TIMOTHY R. PETERIE BUSINESS DEVELOPMENT MANAGER NAME

REVIEWED BY: TITLE ANDY OZMENT AREA MANAGER ORGANIZATION

cc: Jim Forbes, PE (Pipeline Analysis) Kenny Pipitone Josh Awalt

This accepted proposal constitutes a formal agreement. If you initiate a purchase order or other document, it will not be acknowledged without this proposal being referenced or as an attachment.

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: M-6

Date: April 11, 2018

Subject: Request that the City Council consider ratifying staff action to execute an Easement Agreement with the Oncor Electric Delivery Company LLC for a public bike lane and walkway, identified as Legacy Trails, along a corridor between FM 2493 and Cumberland Road.

Page: 1 of 1

Item Reference: Agenda Item CA2 on 10/25/17; Agenda Item CA2 on 10/11/17

The Oncor Electric Delivery Company LLC (Oncor) has entered into agreements with the City of Tyler to allow portions of the easement or right-of-way locations to be utilized for public facilities other than electric transmission. The City of Tyler has requested that Oncor Authority permit the construction, maintenance and operation of a public bike lane and walkway, identified as Legacy Trails, in the easement corridor between FM 2493 and Cumberland Road. The attached Easement Agreement was executed by the City Manager and Oncor and establishes the respective responsibilities of the parties in this public project.

The City has also adopted Resolutions and Multiple Use Agreements with the Northeast Texas Regional Mobility Authority (NETRMA) and Texas Department of Transportation (TxDOT) for Legacy Trails due to the use of right-of-way along FM2493 and at Toll 49.

RECOMMENDATION: It is recommended that the City Council ratify staff action to execute an Easement Agreement with the Oncor Electric Delivery Company LLC for a public bike lane and walkway, identified as Legacy Trails, along a corridor between FM 2493 and Cumberland Road.

ATTACHMENTS: 1. Attachment A – Easement Agreement

Drafted/Recommended By: Scott Taylor, P.E., Managing Director of Utilities and Department Leader Public Works

Edited/Submitted By: City Manager Attachment A – Easement Agreement

Note: Additional plan sheets(Pages 6-20 of the agreement)not included in council communication

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-1

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to approve the upgrade of hardware and software for an intrusion prevention system in the amount of $88,458.66 for new hardware and a one year support for intrusion prevention software.

Page: 1 of 1

Item Reference: Quote from SHI Government Solutions

The City has been using hardware and software for intrusion prevention since February 2014 when we purchased our first hardware. In fiscal year 2015, we purchased a three year renewal contract for maintenance.

These current intrusion detection devices are at their end of life and are no longer supported. This hardware and software is used to keep our City free of any hackers, critical spamming and crippling viruses from many countries. Intrusion detection and prevention systems (IDPS), are network security appliances that monitor network activities for malicious activity. IDPS are used to detect anomalies with the aim of catching hackers before they do real damage to our network. Intrusion prevention hardware and software successfully blocked an average of over 10,000 attacks on City servers or accounts per day in 2017, which represents over 3.65 million blocked attacks during the year.

To continue to provide the City with the best security prevention intrusion hardware, we are requesting that the unsupported devices be upgraded and replaced.

RECOMMENDATION:

It is recommended that the City Council authorize the City Manager to approve the upgrade of hardware and software for an intrusion prevention system in the amount of $88,458.66 for new hardware and a one year support for intrusion prevention software.

ATTACHMENTS: 1. SHI Government Solutions Quotation #15048199

Drafted/Recommended By: Department Leader

Benny Yazdanpanahi

Edited/Submitted By: City Manager

Pricing Proposal Quotation #: 15048199 Description: Trend Micro(3) Created On: Mar-22-2018 Valid Until: Mar-30-2018

City of Tyler Inside Account Manager

Susan Price Rich Lettiere P.O. Box 2039 1301 S. Mo-Pac Expressway, Suite 375, Austin TX, 78746 Tyler, TX 75710 Send PO to: [email protected] United States Phone: 800-870-6079 Phone: (903) 531-1119 Fax: 512-732-0232 Fax: Email: [email protected] Email: [email protected]

All Prices are in US Dollar(USD) Product Qty Your Price Total

1 1YR SUP TIPPINGPOINT 8200TX HW 2 $19,798.20 $39,596.40 Trend Micro - Part#: TPNN0090 Contract Name: Software Contract #: DIR-TSO-3984

2 1YR SUP LICS TIPPINGPOINT 3GBPS TPS INSPECTION DV 2 $20,778.57 $41,557.14 Trend Micro - Part#: TPNN0275 Contract Name: Software Contract #: DIR-TSO-3984

3 1YR SUP SVC TIPPINGPOINT 3GBPS TPS THREATDV 2 $2,452.96 $4,905.92 Trend Micro - Part#: TPNN0285 Contract Name: Software Contract #: DIR-TSO-3984

4 TIPPINGPOINT IO MODULE 6-SEGMENT GIG-T 2 $1,199.60 $2,399.20 Trend Micro - Part#: TPNN0059 Contract Name: Software Contract #: DIR-TSO-3984

5 2DAY TIPPINGPOINT INSTALL SERVICE 2 $0.00 $0.00 Trend Micro - Part#: TPNN0139 Contract Name: Software Contract #: DIR-TSO-3984

Total $88,458.66

Additional Comments

All items need to be ordered from this quote.

The Products offered under this proposal are subject to the SHI Return Policy, unless there is an existing agreement between SHI and the Customer.

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-2

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to approve purchasing goods through U.S. Communities Government Purchasing Alliance whereby the City of Tyler can take full advantage of purchasing any and all items available through this cooperative. Also, request that the City Council consider authorizing the City Manager to purchase solid waste residential carts and parts from Rehrig Pacific through the U.S. Communities Government Purchasing Alliance Contract from May 2018 to May 2019.

Page: 1 of 2

Item Reference:

The State of Texas Local Government Code “Subchapter F. Cooperative Purchasing Program” provides a mechanism for cities to contract with vendors for the purchase of materials, supplies, services and/or equipment as an alternative to a lengthy sealed bid process. The City of Tyler has been participating in the usage of the various cooperative agreements and boards. The City is able to purchase specifically designated items through the pricing obtained by the cooperatives. This arrangement has benefited the City in several ways:

1. Lower costs for items through combined purchases 2. Increased convenience by requiring less staff time for using the prices already available rather than having to go through the bidding process 3. Receiving rebates at the end of the year

The contracts/pricing can be used to satisfy state law bidding requirements in the same manner as purchasing through the state price lists or other governmental entity lists that are available. Staff can compare the prices available and make recommendations that best suit the City’s needs. Some additional cooperatives utilized by the City of Tyler are as follows: FirstChoice, HGAC, TCPN, TIPS, TXMAS, BuyBoard, etc.

Staff recommends participation in the U.S. Communities Government Purchasing Alliance, which will allow staff to take advantage of cost savings in a more efficient and timely way. Expected purchases from Rehrig Pacific through this purchasing cooperative for the period from May 2018 to May 2019 are $100,000.

Agenda Number: C-A-2

Page: 2 of 2

RECOMMENDATION:

It is recommended that the City Council authorize the City Manager to approve purchasing goods through U.S. Communities Government Purchasing Alliance whereby the City of Tyler can take full advantage of purchasing any and all items available through this cooperative. It is also recommended that the City Council consider authorizing the City Manager to utilize Rehrig Pacific for the purchase of solid waste residential carts and parts through the U.S. Communities Government Purchasing Alliance Contract from May 2018 to May 2019. ATTACHMENTS: 1. Contract

Drafted/Recommended By: Department Leader Leroy Sparrow Solid Waste Manager

Edited/Submitted By: City Manager

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-3

Date: April 11, 2018

Subject: Request that the City Council consider adoption of an Ordinance amending Tyler City Code Chapter 3, Civil Service Classification Plan and number of authorized Civil Service positions for Fiscal Year 2017- 2018.

Page: 1 of 1

Item Reference: Texas Local Government Code Section 143.021; Tyler City Code Chapter 3.

The attached Ordinance has been prepared for the City Council to consider formal approval of amendments to the Civil Service Classification Plan and the number of authorized Civil Service positions within the Police and Fire Departments in accordance with Chapter 143 of the Texas Local Government Code included in this year’s current budget (Fiscal Year 2017-2018).

The Civil Service Classifications were lasted updated on November 8, 2017. This ordinance reflects changes made to the positions in the Tyler Fire Department, which include a Captain position changed to District Chief. No changes are being made to the Tyler Police Department positions.

Texas Local Government Code Section 143.021(a) provides that the Civil Service Commission shall provide the classification of all fire fighters and police officers, and that the municipality’s governing body shall establish the classifications by ordinance. On April 5, 2018, the Civil Service Commission reviewed this proposed Ordinance and Classifications, and voted to recommend approval.

RECOMMENDATION:

It is recommended that the City Council approve the attached Ordinance amending Tyler City Code Chapter 3, Civil Service Classification Plan and number of Authorized Civil Service positions for Fiscal Year 2017-2018.

ATTACHMENTS: 1. Ordinance

Drafted/Recommended By: Department Leader David L. Coble, Fire Chief Jimmy Toler, Police Chief

Edited/Submitted By: City Manager ORDINANCE NO. O-2018-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AMENDING CHAPTER 3, “PERSONNEL/CIVIL SERVICE/TMRS”, ARTICLE III., “CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS”, DIVISION 2, “CLASSIFICATION PLAN”, OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS, AMENDING THE CIVIL SERVICE CLASSIFICATION PLAN AND NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS FOR FISCAL YEAR 2017-2018; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Chapter 143 of the Texas Local Government Code requires the City Council to approve a Fire and Police Civil Service employee classification plan and authorize the number of Civil Service employees for each position on an annual basis; and WHEREAS, the number and classification of authorized Civil Service positions can only be changed by City ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That Tyler City Code Chapter 3, “Personnel/Civil Service/TMRS”, Article III., “Civil Service for Firefighters and Police Officers”, Division 2, “Classification Plan”, is hereby amended by amending Section 3-43 to read as follows: Sec. 3-43. Classification plan adopted. The following is adopted as the classification plan for Tyler Civil Service employees.

FY 2013- FY 2014- FY 2015- FY 2016- FY 2017- Police Department Classification 2014 No. of 2015 No. of 2016 No. of 2017 No. of 2018 No. of Positions Positions Positions Positions Positions Assistant Police Chief I,II,III, IV 3 3 2 3 3 Police Lieutenant I, II, III, IV 6 6 7 7 7 Police Sergeant I, II, III, IV 27 27 28 27 27 Police Officer - Recruit 157 157 156 156 156 I/II/III/IV/V/VI/VII/VIII/IX/X 193 193 *1 Gang *1 Gang 193 TOTAL grant grant *1 Gang 193 193 officer officer grant added added

FY 2013- FY 2014- FY2015- FY 2016- FY 2017- 2014 No. 2015 No. 2016 No. 2017 No. 2018 No. Fire Department Classification of of of of of Positions Positions Positions Positions Positions Suppression Division Assistant Fire Chief I/II/III, IV 2 2 2 2 2 District Chief I/II/III/IV 6 6 6 6 7 Fire Captain - I/II/III/IV 39 39 39 39 38 Fire Driver/Engineer - I/II/III/IV 36 36 36 36 36 Firefighter - Recruit 66 66 66 66 66 I/II/III/IV/V/VI/VII/VIII/IX/X Prevention Division Fire Captain - I/II/III/IV 2 1 1 1 1 Fire Driver/Engineer - I/II/III/IV 3 4 4 4 4 TOTAL 154 154 154 154 154

The number and base salary of positions allocated to each classification shall be as set by the City Council in each new fiscal year budget, and classification ordinance.*

The position of Fire Marshal is a non-civil service position. Nothing herein shall be construed to create the Civil Service position of Fire Marshal. (Ord. O-97-43; 9/4/97) (Ord. No. O-99-21, 3/3/99) (Ord. No. O-99-29, 4/7/99) (Ord. No. O-99-42, 6/16/99) (O-99-68, 9/1/99) (Ord. O-2000-13, 3/15/00) (Ord. O-2000-63, 9/6/00) (Ord. O-2000- 80, 10/18/00) (Ord. O-2000-99, 12/20/2000) (Ord. O-2001-10, 3/7/2001) (Ord. O- 2001-10, 3/7/2001) (Ord. O-2001-16, 4/25/2001) (Ord. O-2001-42, 9/5/2001) (Ord. O- 2001-48, 10/17/01) (Ord. O-2002-5, 2/6/02) (Ord. O-2002-12, 4/3/02) (Ord O-2002-39, 9/11/02))Ord O-2003-2, 1/8/03) (Ord. O-2003-21, 5/28/03) (O-2003-56, 11-12-03) (O- 2006-10, 1/11/06) (Ord. O-2007-13, 2/14/07) (Ord. O-2007-140, 11/28/07) (O-2008-9, 1/9/08) (Ord. O-2008-46, 4/9/08) (Ord. O-2008-129, 9/24/08) (Ord. O-2008-153, 12/10/08) (Ord. O-2009-106, 10/14/2009)(Ord. O-2010-101, 10/13/10) (Ord. No. O- 2011-90, 10/26/11) (Ord. O-2012-27, 3/28/12) (Ord. No. O-2013-98, 10/23/13) (Ord. No. O-2015-34; 3/25/15) (Ord. No. O-2015-103; 11/11/15) (Ord. No. O-2016-92, 09/28/16) (Ord. No. O-2017-107; 11/8/17) (Ord. No. O-2018-__; 4/11/18)

CITY OF TYLER CITY COUNCIL COMMUNICATION

Agenda Number: C-A-4

Date: April 11, 2018

Subject: Request that the City Council consider authorizing the City Manager to sign and acknowledge a permanent right-of-way use agreement with Consolidated Communications for the purpose of installing, operating, and maintaining a fiber optic cable in the City of Tyler right-of-way.

Page: 1 of 1

Item Reference:

Consolidated Communications is requesting a permanent right-of-way (ROW) easement for the installation, operation, and maintenance of a fiber optic cable along the ROW of South Fleishel Avenue between Lake Street and 1st Street in order to provide service to the First Bank & Trust (now Southside Bank) located at 1010 East 1st Street.

Section 17-1 of the Tyler City Code requires anyone other than City franchisees desiring to use a portion of public ROW or space for a private business or personal use to first obtain ROW use license, easement, or similar permission from the City. Applications for ROW use easements, whether permanent or temporary in nature, shall be filed with the City Engineer and must include a drawing of the location, description of the type of use, length of time needed, and payment of the application fee. Section 17-1 also states that easements that are permanent in nature shall require approval of the City Council.

RECOMMENDATION: It is recommended that the City Council authorize the City Manager to sign and acknowledge a permanent ROW use agreement with Consolidated Communications for the purpose of installing, operating, and maintaining a fiber optic cable in the City of Tyler ROW.

ATTACHMENTS: 1. Indefinite Public Right-Of-Way Easement with Exhibit A

Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works

Edited/Submitted By: City Manager