[E-1 Request that the City Council consider canvassing the returns of the Tyler City Council Election held May 3, 2025, for Districts No. 1 and 3, and affirming the cancellation of the Election and designation of the unopposed winner for the Tyler City Council Election for District 5 that would have been held on May 3, 2025, and adopting an Ordinance declaring the results.]

MORNING WE'RE REQUESTING THAT THE CITY COUNCIL CONSIDER CANVASING RETURNS OF THE TYLER CITY COUNCIL ELECTION HELD MAY 3RD, 2025 FOR DISTRICT NUMBER ONE AND THREE AND AFFIRMING THE CANCELLATION OF THE ELECTION AND DESIGNATION OF THE UNOPPOSED WINNER FOR THE TYLER CITY COUNCIL ELECTION FOR DISTRICT FIVE THAT WOULD HAVE BEEN HELD ON MAY 3RD, 2025, AND ADOPTING AN ORDINANCE DECLARING THE RESULTS. THE CITY COUNCIL IS REQUIRED BY LAW SECTION 67.003 OF THE TEXAS ELECTION CODE TO CANVASS THE RETURNS AND DECLARE THE RESULTS OF THE CITY COUNCIL ELECTION TO ELECT A TYLER CITY COUNCIL MEMBER FOR SINGLE MEMBER DISTRICTS NUMBER ONE AND THREE, HELD ON MAY 3RD, 2025, AFFIRM THE CANCELLATION OF THE ELECTION AND DESIGNATE THE UNOPPOSED WINNER FOR THE SINGLE MEMBER DISTRICT NUMBER FIVE, AND ADOPT AN ORDINANCE DECLARING THE RESULTS OF SAID ELECTION. SO WHEREAS ON THE 14TH DAY OF MAY 2025, THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AT A MEETING MEETING CALLED FOR THE PURPOSE OF CANVASING THE RETURNS OF THE CITY COUNCIL ELECTION HELD ON MAY 3RD, 2025, IN THE CITY OF TYLER FOR THE ELECTION OF CITY COUNCIL MEMBERS FOR DISTRICT NUMBER ONE AND THREE, AND IT APPEARED AS A RESULT OF SUCH CANVASS ■THAT THE FOLLOWING NAME PERSONS RECEIVED THE FOLLOWING NUMBER OF VOTES FOR CITY COUNCIL MEMBER, DISTRICT NUMBER ONE AND DISTRICT NUMBER THREE. DISTRICT NUMBER ONE FOR CITY COUNCIL MEMBER STUART HANEY HAD 375 VOTES. MAX STUART HAD 61 VOTES. DISTRICT NUMBER THREE FOR CITY COUNCIL MEMBER SHAUN MARSH HAD 247 VOTES. THE WRITE IN CANDIDATE, CHRISTIAN GOODIN, HAD 27 VOTES. SO WHEREAS THE CITY CLERK HAS CERTIFIED IN WRITING THAT THE CANDIDATE FOR DISTRICT NUMBER FIVE WAS UNOPPOSED AND THAT NO WRITE IN CANDIDATE HAD FILED TO BE PLACED ON THE LIST OF WRITE IN CANDIDATES FOR THAT PLACE. SO TEXAS ELECTION CODE 2.051 THROUGH 2.054 AUTHORIZE THE CITY COUNCIL TO DECLARE THE UNOPPOSED CANDIDATE ELECTED TO OFFICE AND CANCEL THE UNNEEDED ELECTION. AND WHEREAS, ON FEBRUARY 26TH, 2025, THE CITY COUNCIL ADOPTED ORDINANCE NUMBER OH 2511, CANCELING THE REGULAR ELECTION SCHEDULED FOR CITY COUNCIL DISTRICT FIVE FOR MAYOR FOR MAY 3RD, 2025, AND THE CURRENT THE UNOPPOSED CANDIDATE ELECTED TO OFFICE NOW.

THEREFORE, THE CITY COUNCIL, THE CITY OF TYLER, TEXAS THAT STUART HANEY BE AND IS HEREBY DECLARED THE ELECTED CITY COUNCIL MEMBER FOR DISTRICT ONE TO SERVE FOR TWO YEAR TERM OF OFFICE. THAT SHONDA MARSH BE AND IS HEREBY DECLARED THE ELECTED CITY COUNCIL MEMBER FOR DISTRICT THREE, TO SERVE FOR A TWO YEAR TERM OF OFFICE, AND THAT THE CITY COUNCIL ELECTION FOR DISTRICT FIVE, SCHEDULED FOR MAY 3RD, 2025, WAS CANCELED BY ORDINANCE 025 11, AND THE UNOPPOSED CANDIDATE, LLOYD NICHOLS DECLARED THE WINNER AND SUCH CANCELLATION AND

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DECLARATION IS HEREBY AFFIRMED SO THAT THE ABOVE NAMED TYLER CITY COUNCIL MEMBERS FOR DISTRICT NUMBER ONE AND DISTRICT THREE AND FIVE SHALL BE SWORN INTO OFFICE AND SHALL SERVE FOR A TWO YEAR TERM OF OFFICE. THIS ACTION ITEM. YES. SO I'M REQUESTING THAT THE CITY COUNCIL CONSIDER CANVASING THE RETURNS OF TYLER. CITY COUNCIL ELECTION HELD MAY 3RD, 2025 FOR DISTRICT NUMBER ONE AND THREE AND AFFIRMING THE CANCELLATION OF THE ELECTION AND DESIGNATION OF THE UNOPPOSED WINNER FOR THE TYLER CITY COUNCIL ELECTION FOR DISTRICT FIVE THAT WOULD HAVE BEEN HELD ON MAY 3RD, 2025, AND ADOPTING AN ORDINANCE DECLARING THE RESULTS SO MOVED SECOND GOT A MOTION BY HANEY, SECOND BY CURTIS. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE.

[E-2 Request that a Certificate of Election and the Oath of Office be administered to the re- elected City Councilmembers for Districts 1 and 5.]

OPPOSED? MOTION CARRIES. SO AT THIS TIME, WE'RE GOING TO REQUEST THAT A CERTIFICATE OF ELECTION IN THE OATH OF OFFICE BE ADMINISTERED TO THE REELECTED CITY COUNCIL MEMBERS FOR DISTRICT ONE AND DISTRICT FIVE. AND THEN WE'RE ALSO ON E THREE REQUEST THAT THE CERTIFICATE OF ELECTION, OATH OF OFFICE BE ADMINISTERED TO THE NEWLY ELECTED CITY COUNCIL MEMBER FOR DISTRICT THREE. SO IF EVERYONE WOULD COME DOWN AND WE'LL GO AHEAD AND THE CANDIDATES WILL COME. NOT JUST THE NOT THE WHOLE COUNCIL. NO, JUST THE CANDIDATES. ONE THROUGH. FOUR FOR.

DAY TO DAY. AND BY THE AUTHORITY OF THE STATE OF TEXAS, I STUART HAINES, WHO SAW THE UTMOST. IN THE NAME OF THE AUTHORITY OF THE STATE OF TEXAS, I IN THE NAME OF THE HOLY AND HIS EYES DO SOLEMNLY SWEAR OR AFFIRM. DO SOLEMNLY SWEAR AND AFFIRM THAT I WILL FAITHFULLY EXECUTE THE DUTIES, AND I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF TYLER CITY COUNCIL AND THE OFFICE OF TYLER CITY COUNCIL. DISTRICT ONE. DISTRICT OF THE STATE OF TEXAS AND THE STATE OF TEXAS. AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT AND DEFEND, PRESERVE, PROTECT THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE CONSTITUTION AND LAWS OF THE UNITED STATES, AND THIS STATE AND IN THIS STATE. SO HELP ME GOD. SO HELP ME GOD. SO. THANK YOU ALL I HAVE I'M TRYING TO SET.

THIS MEETING. UP. HERE'S THE BIBLE. OH, YOU HAVE ONE. OKAY. THANK YOU. SO IT NEEDS TO. AND BY THE AUTHORITY OF THE STATE OF TEXAS. IN AUSTIN, TEXAS. I, LLOYD NICHOLS, I, LLOYD NICHOLS, DO SOLEMNLY SWEAR OR AFFIRM, DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES, FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF TYLER CITY COUNCIL, THE OFFICE OF THE CITY COUNCIL. DISTRICT FIVE OF THE STATE OF TEXAS, STATE OF TEXAS. AND WILL, TO THE BEST OF MY ABILITY, THE WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT AND DEFEND, PRESERVE, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES CONSTITUTION, THE LAWS OF THE UNITED STATES. AND AT THIS STAGE, SO HELP ME GOD.

THANK YOU. YES. YES. I'M SORRY. THANK YOU. IN THE NAME AND BY THE AUTHORITY OF THE STATE OF

[E-3 Request that a Certificate of Election and the Oath of Office be administered to the newly elected City Councilmember for District No. 3. (NOTE: New City Council member takes seat on the dais)]

TEXAS. IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, IN THE NAME AND THE BODY OF OUR

[00:10:01]

SON TOMASZ, I DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR AND AFFIRM THAT I WILL FAITHFULLY, FAITHFULLY EXECUTE, EXECUTE THE DUTIES OF THE OFFICE OF OFFICE OF CITY OF TYLER. OF TYLER. CITY COUNCIL MEMBER. CITY COUNCIL. MEMBER FOR DISTRICT THREE, FOR DISTRICT THREE, AND EXECUTE AND EXECUTE THE DUTIES OF OFFICE, OF OFFICE AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, PROTECT AND DEFEND AND DEFEND THE CONSTITUTION, THE CONSTITUTION AND LAWS AND LAWS OF THE UNITED STATES, OF THE UNITED STATES, AND OF THIS STATE AND OF THIS STATE. SO HELP ME GOD. SO HELP ME GOD. AMEN. WELL, COUNCIL MEMBER MARSH IS SIGNING THAT WE'RE GOING TO HAVE A LITTLE CHANGING OF THE GUARD UP HERE, AS WE DO ROUTINELY.

LAST MEETING, WE HAD THE PLEASURE OF NOT ACTUALLY THE PLEASURE. WELL, IT IS THE PLEASURE OF THANKING COUNCIL MEMBER MCALLEN FOR HER SERVICE. AND THIS IS ALWAYS KIND OF A DIFFICULT TIME BECAUSE THERE'S A NEW COUNCIL MEMBER WALKS UP, THAT COUNCIL MEMBER THAT IS TERMED OUT WALKS OUT. AND SO COUNCIL MEMBER MCKELLAR, THANK YOU FOR YOUR SERVICE. THANK YOU FOR WHAT YOU'VE DONE. AND THANK YOU, THANK YOU, THANK YOU.

THANK YOU, THANK YOU. SO. WHAT'S THE GOOD. JUST COOL KIDS OVER HERE. IT'S GOING DOWN. THE TROUBLEMAKERS OVER HERE. SORRY. I WAS LIKE. YOU. WHERE'S MY. ALL RIGHT, WE'RE GOING TO DO E4, AND THEN WE'RE GOING TO TAKE, LIKE A THREE MINUTE RECESS FOR PEOPLE THAT NEED TO LEAVE AND LEAVE.

[E-4 Request that the City Council consider electing a Mayor Pro Tem.]

BUT LET'S GO AHEAD AND HIT E4. SENATOR, DO YOU NEED TO KIND OF A SIT. SO WE'RE REQUESTING THAT THE CITY COUNCIL CONSIDER ELECTING A MAYOR PRO TEM TEXAS ELECTION CODE 67.016 CERTIFICATE OF ELECTION TYLER CITY CHARTER, SECTION SEVEN ELECTION OF MAYOR TYLER CITY CHARTER. SECTION SEVEN PROVIDES THAT A MAYOR PRO TEM SHALL BE ELECTED BY MEMBERS OF THE COUNCIL. IT IS NOT NECESSARY FOR THE CITY COUNCIL TO ELECT FROM AMONG ITS MEMBERS. OH, IT IS NOW. IT WOULD BE A NEW MAYOR PRO TEM. THE MAYOR PRO TEM SERVES, IN THE ABSENCE OF THE MAYOR DURING A ONE YEAR TERM. BY TRADITION, THE CITY COUNCIL SELECTS THE CITY COUNCIL MEMBER WITH THE MOST SENIORITY TO BE MAYOR PRO TEM. AND I'VE LISTED THE MAYOR PRO TEM FOR THE PAST SIX YEARS, WHICH I DON'T THINK WE NEED TO GO THROUGH THAT. SO REQUESTING THAT THE CITY COUNCIL CONSIDER ELECTING A MAYOR PRO TEM AT THIS TIME. MR. MAYOR, I MOVE TO HAVE. OH, GOSH, COUNCIL NICKELS BE APPOINTED AS MAYOR PRO TEM. SECOND. SECOND. OKAY. GOT A MOTION BY ANY KIND OF A SECOND BY CURTIS. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED? MOTION CARRIES. CONGRATULATIONS, MAYOR PRO TEM. AND BEFORE WE GO ON TO PAY ONE, IF ANYONE NEEDS TO LEAVE, WE'LL JUST TAKE ABOUT A MINUTE OR TWO TO ALLOW Y'ALL TO LEAVE. OR YOU CAN STAY HERE AND WATCH GOOD GOVERNMENT AT WORK.

WELL, NOW THEY SCATTERED. IS THERE NEXT YEAR. OKAY. THANK YOU. THANKS. THIS IS REAL. THIS IS REAL. IT IS REAL. THANK YOU. ALL. FOR. REAL. THIS IS REAL. GET ON THE AGENDA. ALL

[00:15:34]

RIGHT. I THINK THAT THE SHUFFLING IS ALL COMPLETED. SO WE'RE GOING TO GO TO P ONE.

[P-1 Request that the City Council consider receiving a presentation on an opportunity to issue approximately $45,000,000 in revenue bonds to facilitate regulatory compliance water and sewer projects, consider any appropriate action related thereto, and provide general guidance to staff regarding authorization to proceed with this opportunity to issue revenue bonds.]

ALRIGHT. MAYOR COUNCIL, YOU HAVE ITEM P ONE BEFORE YOU THIS REQUEST. CITY COUNCIL CONSIDER RECEIVING A PRESENTATION ON OPPORTUNITY TO ISSUE APPROXIMATELY $45 MILLION IN REVENUE BONDS TO FACILITATE OUR REGULATORY COMPLIANCE, WATER AND SEWER PROJECTS AND CONSIDER ANY APPROPRIATE ACTION RELATED THERETO AND PROVIDE GENERAL GUIDANCE TO STAFF REGARDING AUTHORIZATION TO PROCEED WITH THE OPPORTUNITY TO ISSUE THESE REVENUE BONDS. I HAVE PAUL JASON HERE, WHO'S WHO'S WITH SPECIALIZED PUBLIC FINANCE. THEY'RE OUR CITY'S FINANCIAL ADVISORS. HE'S GOING TO GIVE A SHORT PRESENTATION OVER WHAT THE MARKET'S LOOKING LIKE, THE TIMELINE AND JUST JUST FOR NOTE, SOME OF THE PROJECTS THAT WE'RE LOOKING AT COMPLETING WITH THESE BOND FUNDS OR GROUP THREE THROUGH SEVEN. CAPACITY ITEMS, WE'VE GOT SOME PRIVATE LATERAL LINES, SOME CREEK CROSSINGS AND SOME LIFT STATIONS THAT WE'RE LOOKING TO COMPLETE. ALSO, THERE WILL BE AN INCREASE AS WE GO INTO NEXT YEAR'S BUDGET ON THE REGULATORY COMPLIANCE FEE TO FUND THESE EPA CONSENT DECREE PROJECTS. THAT FEE, WE'RE KIND OF ESTIMATING, WILL BE SOMEWHERE IN ABOUT THE $7 A MONTH PER CUSTOMER TIMELINE OR DOLLAR AMOUNT. SO HAVING SAID THAT, JUST REQUEST THAT YOU ALL RECEIVE THE PRESENTATION FROM PAUL AND JUST GIVE US SOME GENERAL GUIDANCE AFTER THAT PRESENTATION. THANK YOU. THANK YOU I SEE THAT. SIDE. BUT GOOD MORNING, MAYOR COUNCIL NEW COUNCIL MEMBER PAUL JASON WITH SPECIALIZED PUBLIC FINANCE, WE SERVE AS FINANCIAL ADVISOR TO THE CITY. I PARTNER AND I'VE WORKED WITH THE CITY PROBABLY OVER 20 YEARS NOW. I'VE ALSO GOT MY COLLEAGUE WILL SMITH HERE WITH OUR FIRM. WANTED TO JUST GIVE YOU A BRIEF UPDATE AND FOLLOW ON WHAT PETER HAD MENTIONED. SO WE'RE LOOKING AT SELLING 45 MILLION ROUGHLY OF BONDS. THIS IS PART OF THE PLAN THAT WAS APPROVED BY THIS COUNCIL A FEW YEARS AGO FOR THIS PROJECT. AS FAR AS THE STRUCTURE, VERY SIMILAR TO THE ISSUE THAT WE SOLD IN 2023, THAT WAS THE LAST ISSUE THAT WE DID FOR UTILITY PROJECTS. WE'RE LOOKING AT A 30 YEAR TERM. WE EXPECT THE RATING TO BE DOUBLE A. WE'VE GOT A RATING MEETING COMING UP NEXT WEEK. I BELIEVE THE MAYOR IS GOING TO PARTICIPATE WITH ED AS WELL AS KEDRICK. AS FAR AS THE RATE ENVIRONMENT, WE SOLD THAT BOND ISSUE IN 23. WE CAME IN AT A 4.62%. WE'RE PROJECTING 4.9 FOR THIS ISSUE. WE'VE GOT ABOUT 20 OR 30 BASIS POINTS OF CUSHION.

IF WE WERE TO SELL TODAY, I THINK WE'D BE VERY CLOSE TO WHERE WE SOLD THAT DEBT IN NOVEMBER OF 23. AND IF THIS COUNCIL DECIDES TO MOVE FORWARD WITH AUTHORIZING US TO MOVE FORWARD, WE'LL COME BACK AT YOUR MEETING JUNE 11TH WITH BIDS AND THEN CLOSE THE FIRST PART OF JULY. JULY 9TH IS WHEN WE ANTICIPATE CLOSING. THIS IS JUST A GRAPHICAL ILLUSTRATION OF YOUR YOUR CURRENT DEBT AND THEN THIS DEBT. ONE THING WE WANT TO POINT OUT IS THE ESTIMATED COVERAGE 26 THROUGH 28 STAYS AROUND 1.5 TIMES. THAT'S A VERY IMPORTANT METRIC TO MAINTAIN OUR CURRENT RATING. AND THEN YOU CAN SEE THE DEBT SERVICE DOES DROP OFF BECAUSE WE KNOW THERE MIGHT BE SOME ADDITIONAL DEBT COMING TO FUND FUTURE CAPITAL RELATED TO THE UTILITY SYSTEM. APOLOGIZE FOR ALL THE NUMBERS, BUT THIS IS THE BACKUP FOR THAT GRAPH THAT WE PROVIDED ON THE PREVIOUS PAGE. THIS DEBT. THE FIRST PAYMENT IS GOING TO BE MARCH OF 26. AND THEN THE PRINCIPAL PAYMENT WILL BE IN SEPTEMBER. SO IT'LL BE PART OF THIS NEXT BUDGET CYCLE. AND THEN YOU CAN SEE THE COVERAGE ON THE FAR RIGHT COLUMN. WE REALLY DON'T GO BELOW 1.4 TIMES, 4 OR 5 TIMES.

AND THAT'S A VERY IMPORTANT PART OF THE CREDIT PROCESS COMING UP NEXT WEEK. SOURCES AND USES. WE BUILT THIS AROUND. THE NEED FOR THIS BOND ISSUE WAS 45 MILLION TO BE DEPOSITED. THE CONSTRUCTION FUND AND THEN INCLUDES THE COST AS WELL. SO WE'LL SELL POSSIBLY A LITTLE OVER 45 MILLION TO FUND THE 45. AND THEN THE TIMELINE WANTED TO GO OVER THIS WITH YOU. WE'RE

[00:20:02]

HERE TODAY JUST TO PROVIDE AN UPDATE TO THE COUNCIL, GET DIRECTION TO MOVE FORWARD WITH THIS PLAN. WE'LL GO THROUGH THE RATING PROCESS. WE'LL PUT THE OFFERING DOCUMENT TOGETHER AND THEN WE'LL BID THIS OUT JUNE 10TH IN THE AFTERNOON. KEIDRYCH AND ED TYPICALLY TAKE PART IN THAT. WATCH THE BIDS COME IN AND WE'LL COME BACK TO THIS COUNCIL JUNE 11TH FOR THE ACTUAL AWARD.

SO WE'LL HAVE A RATE SET ON JUNE 10TH AND THEN CLOSE ON JULY 9TH. JUST AN INTEREST RATE CHART.

IT'S BEEN VERY VOLATILE. THOSE THAT FOLLOW THE INTEREST RATES, IT'S GONE UP A LITTLE BIT, ABOUT 50 BASIS POINTS IN THE LONG END SINCE THIS JANUARY. DESPITE THAT I STILL THINK WE'RE GOING TO COME IN HOPEFULLY MID TO UPPER 4% RANGE. AGAIN, THIS IS A FIXED RATE FOR THE LIFE OF THE TRANSACTION, AND YOU CAN CALL IT IN TEN YEARS AND YOU CAN PREPAY YOUR REFUND. SO HAPPY TO ANSWER ANY QUESTIONS. SO IF THE RATES GO DOWN CAN YOU REFINANCE. YES SIR. AFTER TEN YEARS. AFTER TEN.

YES. HOW IS THE BOND MARKET RIGHT NOW? IT'S EXTREMELY VOLATILE RIGHT NOW, BUT THANKFULLY THERE'S STILL A LOT OF DEMAND FOR HIGH RATED CREDITS LIKE THE CITY OF TYLER. SO WE'VE WE'VE PRICED A DEAL. A FEW DAYS AGO THAT WAS A DOUBLE A MINUS. IT WAS A REVENUE BOND AND THAT RATE WAS 4.5%. SO THERE'S STILL A LOT OF DEMAND FOR HIGH CREDIT QUALITY, BUT THERE IS JUST A LOT OF UNCERTAINTY IN THE FINANCIAL MARKETS FOR INVESTORS TO KIND OF GAUGE WHAT'S GOING ON WITH THE TARIFF SITUATION. BUT OVERALL, I THINK WE'RE, YOU KNOW, YOUR SITUATION, DON'T ANTICIPATE ANY ISSUES WITH MARKET ACCESS OR ANYTHING LIKE THAT. ANY OTHER QUESTIONS FOR PAUL? NO. I KNOW HE WANTS TO MAKE THIS BIG OLD MOTION. THERE'S NO MOTION. THERE'S NOT HIS PRESENTATION.

YEAH. GOOD. THANK YOU PAUL. THANKS, PETER. OUR ONE HEATHER. GOOD MORNING MAYOR COUNCIL. GOOD

[R-1 Request that the City Council consider approving an amended Resolution R-24-04 nominating Hiland Dairy to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank for designation as an Enterprise Project under the Texas Enterprise Zone Program under the Texas Enterprise Act, Chapter 2303, Texas Government Code, and authorize the City Manager to sign all documents necessary to implement the amended Resolution.]

MORNING. MORNING. AND YOU COUNCILWOMAN. THANK YOU. THIS ITEM IS A STANDARD ITEM THAT YOU WILL TYPICALLY SEE. AND IT IS TO NOMINATE THE HIGHLAND DAIRY TO THE OFFICE OF THE GOVERNOR FOR ECONOMIC DEVELOPMENT AND TOURISM. IT'S A TO DESIGNATE AS AN ENTERPRISE ZONE. THIS ITEM ACTUALLY IS AN AMENDMENT TO A PREVIOUSLY APPROVED ITEM. AND IT JUST CLARIFIES SOME ELEMENTS OF THAT PREVIOUSLY APPROVED ITEM. BUT FOR CONTEXT, HIGHLAND DAIRY FOODS COMPANY IS AN AWARD WINNING PROCESSOR AND DISTRIBUTOR OF DAIRY FOODS AND OTHER BEVERAGES. THEY WERE FOUNDED IN 1938. THE COMPANY IS BASED IN SPRINGFIELD, MISSOURI. IT HAS APPROXIMATELY 4000 EMPLOYEES AND OPERATES 19 PROCESSING PLANTS IN ARKANSAS, KANSAS, MISSOURI, NEBRASKA, OKLAHOMA, AND HERE IN TEXAS. IT HAS 64 DISTRIBUTION CENTERS ACROSS THE REGION, AND THEY USE THE LATEST IN HIGH TECH ROBOTICS AND OTHER STATE OF THE ART TECHNOLOGIES. HIGHLAND DAIRY IS FARMER OWNED, AND THEY ACQUIRED IN 2017 THE BROOKSHIRE'S GROCERY COMPANY. ICE CREAM, DAIRY PLANTS. AND WHAT THEY HAVE BEEN DOING IS IMPROVING AND EXPANDING AND THE EXPANSION THAT THEY ARE CURRENTLY WORKING ON WILL GENERATE UP TO 98 MILLION IN NEW INVESTMENT AND CREATE 30 NEW JOBS. THE AVERAGE PAY FOR THE NEW FOR THESE NEW POSITIONS IS ESTIMATED AT 66,000 PER YEAR.

THE PROJECT WOULD ADD OVER 90,000FT■!S OF DRY STORAGE, REFRIGERATED STORAGE AND PRODUCTION SPACE. IN ADDITION, THE NUMBER OF PRODUCT OR PRODUCTION LINES WILL INCREASE TO EIGHT, WITH THE SPACE FOR TWO ADDITIONAL IN THE FUTURE. AND THAT THAT'S REALLY GREAT FOR THIS. THIS LOCATION HERE IN TYLER, THE TEXAS ENTERPRISE ZONE PROGRAM, ALSO KNOWN AS THE EZ, IS A STATE SALES AND USE TAX REFUND PROGRAM DESIGNED TO ENCOURAGE PRIVATE INVESTMENT AND JOB CREATION IN ECONOMICALLY DISTRESSED AREAS OF THE STATE. AND SO TO CLARIFY OUR PREVIOUSLY APPROVED ITEM, WE WERE SIMPLY IDENTIFYING THAT AT LEAST 35% OF THE BUSINESS'S NEW EMPLOYEES ARE RESIDENTS OF THIS ENTERPRISE ZONE, AN ECONOMICALLY DISADVANTAGED AREA WITH INDIVIDUALS AND VETERANS THAT ARE AVAILABLE FOR HIRING FOR THIS BUSINESS. SO IT IS RECOMMENDED THAT THE CITY COUNCIL APPROVE THE AMENDED RESOLUTION TO REFLECT THAT.

HIGHLAND DAIRIES BUSINESS SITE IS NOT LOCATED IN A ENTERPRISE ZONE THAT IS AT LEAST, OR THAT IS LOCATED IN AN ENTERPRISE ZONE THAT IS AT LEAST 35% OF THE BUSINESS'S NEW EMPLOYEES ARE

[00:25:04]

RESIDENTS OF AN ENTERPRISE ZONE. ECONOMICALLY DISADVANTAGED INDIVIDUALS OR VETERANS. ANY QUESTIONS FOR HEATHER? I DO WANT TO ACKNOWLEDGE TARA AND ANGIE OUT THERE WITH THE TYLER ECONOMIC DEVELOPMENT COUNCIL. THANK YOU ALL FOR WHAT YOU DO. ANY QUESTIONS FOR HEATHER? MOVE TO APPROVE OR ONE SECOND. GOT A MOTION BY WIND. SECOND BY CURTIS. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. WORKS OUT OF ANYBODY IN FAVOR, SAY AYE. OPPOSED? MOTION CARRIES. FROM THE ATTORNEY. ALRIGHT. IN ONE DIRECTION ON THIS SIDE. GOOD MORNING. MAYOR.

[M-1 Request that the City Council consider authorizing the City Manager to execute a Engineering Services Agreement in the amount of $607,200 with Kimley-Horn and Associates, Inc. for the SL 124 Utility Relocation and adopt a Resolution reserving the right to reimburse expenditures with proceeds of future debt.]

CITY COUNCIL. MY NAME IS JACOB YANKER TYLER WATER UTILITIES. AND I'M GOING TO BE PRESENTING AGENDA ITEM M ONE FOR THE TEXAS STATE LOOP. 124 UTILITY RELOCATION ENGINEERING SERVICES AGREEMENT. SO A LITTLE BIT OF BACKGROUND FOR THIS PROJECT. STATE LOOP 124 IS ALSO KNOWN AS OLD HENDERSON HIGHWAY, AND IT'S LOCATED ON THE NORTHEAST LOOP BETWEEN HIGHWAY 64 EAST AND THE LOOP. IT'S THE LITTLE CUT THROUGH RIGHT HERE IN THE MAP, AND THE EXISTING ROAD IS A TWO LANE ROADWAY WITH NO MEDIAN PROTECTION AND NO PEDESTRIAN ACCESS EITHER. THE. THE NOTEWORTHY PART OF THIS PROJECT IS IT'S THE ROADWAY ADJACENT TO THE LOCATION FOR THE NEW CHAPEL HILL ISD JUNIOR HIGH SCHOOL, AND I GOT A PICTURE OF THAT HERE. IT'S UNDER CONSTRUCTION RIGHT NOW AND IT'S WELL UNDERWAY UNDER CONSTRUCTION. SO THE EXISTING UTILITIES ARE IN THE EXISTING TEXDOT RIGHT OF WAY. AND THEY WERE INSTALLED IN THE IN THE 1970S. SO THE TXDOT PORTION OF THIS SCOPE AND THE DRIVING FACTOR OF THIS PROJECT IS TO INCREASE SAFETY FOR THE, FOR MOTORISTS AND PEDESTRIANS. WHEN WE SEE THE INCREASE OF TRAFFIC THAT THE NEW SCHOOL IS GOING TO BRING. SO THE TEXDOT SCOPE OF THAT PROJECT IS GOING TO BE TO ADD A CENTER TURN LANE. WE'RE GOING TO BE ADDING PEDESTRIAN PATHS ON BOTH SIDES OF THE ROADWAY OR NOT. NOT WE, BUT TECH STOCKS. EXCUSE ME. AND THAT PROJECT IS SCHEDULED TO BID AND LET IN MAY 2026. SO A YEAR FROM NOW. SO TYLER WATER UTILITIES PORTION OF THAT IS TO GET OUR UTILITIES OUT OF THE WAY FOR THEM TO DO THAT WORK. SO WE WILL BE RELOCATING THOSE EXISTING WATER AND SEWER UTILITIES TO THE EDGE OF THE OF THE RIGHT OF WAY. THERE'S A FEW INSTANCES WHERE WE MAY JUMP INTO SOME PRIVATE EASEMENTS, BUT THE MAJORITY OF IT'S GOING TO BE AT THE EDGE OF THE RIGHT OF WAY. IT'S 1800 FEET OF WATER AND 3200FT OF SEWER. WE HAVE A PRE ENGINEERING PLANNING LEVEL COST ESTIMATE OF $1.9 MILLION FOR THE CONSTRUCTION. SO WE'RE PLANNING ON DESIGN TO BE COMPLETE IN THIS FALL, OCTOBER 2025, AND THEN CONSTRUCTION TO BE COMPLETE IN MAY OF 2026. THAT'S GOING TO LINE UP WITH THAT TEXDOT LETTING DATE. USUALLY WE HAVE A LITTLE BIT MORE TIME TO PLAN FOR PROJECTS LIKE THIS. SOME THINGS GOT SHIFTED AROUND ON TXDOT SIDE. SO THAT'S WHY THE SCHEDULE IS SO TIGHT. BUT I THINK THAT WE HAVE A GOOD TEAM TO EXECUTE THIS SCHEDULE ON TIME. SO I'D LIKE TO REQUEST THAT THE CITY COUNCIL CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES AGREEMENT IN THE AMOUNT OF $607,200 WITH KIMLEY-HORN AND ASSOCIATES FOR THE STATE LOOP 124 UTILITY RELOCATION AND ADOPT RESOLUTION, RESERVING THE RIGHT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT. ANY QUESTIONS FOR JACOB? I HAVE A QUESTION. IS CHAPEL HILL ISD CONTRIBUTING ANY TO THIS THAT FOR THE UTILITY RELOCATION? NO, MA'AM. NO. SO WHAT'S THE COLLABORATION WITH AND I GET YOUR QUESTION. TOTALLY. THE WAY I UNDERSTAND IT IS THIS WILL THIS IS BEING DONE BECAUSE OF THE NEW CHAPEL HILL SCHOOL. HOWEVER, OUR WATER LINES AND SEWER LINES ARE IN TXDOT'S EASEMENT. SO THEY HAVE THE ABILITY AND RIGHT TO, TO REQUEST THAT WE MOVE OUR UTILITIES SO THEY COULD DO THEIR WORK FOR CHAPEL HILL. IT'S NOT CHAPEL HILL'S WATER LINES AND SEWER LINES. IT'S OURS THAT ARE IN TEXTILES EASEMENT. SO THEY'RE TELLING US MOVE THOSE LINES SO WE CAN GET THIS WORK DONE. OKAY. WHICH WHICH MAKES ME UNDERSTAND BECAUSE I HAD THE SAME QUESTION YOU DID. DID I EXPLAIN THAT? WELL, YES. YES, SIR. YEAH. THANK YOU FOR THAT EXPLANATION. ANY ELABORATION? NO. NO. MAYOR IS ON FIRE. SO ANYTHING I ADD JUST KIND OF KEEP GOING. ANY OTHER QUESTIONS FOR JACOB? OKAY. MOVE TO APPROVE EM. ONE SECOND.

SECOND. GOT A MOTION BY CURTIS. SECOND BY HAWKINS. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED? MOTION CARRIES. THANK YOU, THANK YOU. NOW WE'RE DOWN TO THE CONSENT

[CONSENT]

[00:30:07]

AGENDA WE ARE GOING TO PULL A SEVEN. SO I WILL ENTERTAIN A MOTION TO APPROVE THE REMAINDER.

SAVE AND ACCEPT A SEVEN. MOVE TO APPROVE CONSENT AGENDA. PULLING A SEVEN SECOND. GOT A MOTION BY ONE SECOND BY CURTIS. ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED. MOTION CARRIES. CITY MANAGER'S

[CITY MANAGER'S REPORT]

REPORT. THANK YOU, MAYOR AND COUNCIL. A COUPLE OF ITEMS OF NOTE. THE ON THE SHILOH ROADS IMPROVEMENTS. WE'RE HAVING AN OPEN HOUSE ENGINEERING STAFF ALONG WITH OUR CONSULTANT HALF ASSOCIATES ARE HOLDING AN OPEN HOUSE THIS THURSDAY, MAY 15TH. TOMORROW NIGHT FROM 530 TO 7:30 P.M. AT THE UT TYLER ALUMNI CENTER TO DISCUSS POTENTIAL FUTURE IMPROVEMENTS ON SHILOH ROAD AND SOLICIT FEEDBACK FROM THE PUBLIC. THIS PART OF THE PRELIMINARY ENGINEERING REPORT FOR THE SHILOH ROAD FROM STATE HIGHWAY 110 TO OLDHAM ROAD, AND REPRESENTS THE LAST STEPS OF THIS PHASE OF THE PROJECT. PLEASE MAKE SURE TO JOIN US AND PROVIDE FEEDBACK ON THIS IMPORTANT PROJECT. AND THEN FINALLY ON THE REGARDING OUR AIRPORT IN HONOR OF AUTISM AWARENESS MONTH, TYLER JUNIOR COLLEGE'S STUDENT PHYSICAL THERAPIST ASSISTANT ORGANIZATION PARTNERED WITH TYLER POUNDS REGIONAL AIRPORT, TSA, AND ENVOY AIRLINES TO HOST ON BOARD FOR ADVENTURE, AN IMMERSIVE AIRPORT EXPERIENCE DESIGNED FOR INDIVIDUALS ON THE AUTISM SPECTRUM AND THEIR FAMILIES. THE EVENT WAS PRAISED FOR ITS WARMTH, PROFESSIONALISM, AND MEANINGFUL IMPACT. AS PROFESSOR STOWERS, SHARE YOUR WILLINGNESS TO HELP CREATE SUCH A WELCOMING AND SUPPORTIVE ENVIRONMENT IS NOT ONLY COMMENDABLE, IT'S LIFE CHANGING AND SO WE'RE APPRECIATIVE OF OUR AIRPORT STAFF. STEVE AND HIS CREW DO A GREAT JOB OF LOOKING AT WAYS TO CONTINUE TO IMPROVE THE LIVES OF OUR CITIZENS AND OUR PASSENGERS OUT OF THE AIRPORT. GREAT! ANY COMMENTS OR QUESTIONS FOR THE CITY MANAGER? ALL RIGHT. WE'RE GOING TO GO INTO EXECUTIVE SESSION. I DO WANT TO SAY ONCE AGAIN, COUNCIL MEMBER MARSH, WELCOME. WE'RE GLAD YOU'RE HERE.

THANK YOU. LOOKING FORWARD TO THE FUTURE. BLESSED TO BE HERE. AND I'M GOING TO READ ALL THIS.

[EXECUTIVE SESSION]

I'M SORRY IT'S SO LONG, BUT I DON'T HAVE A CHOICE. THE CITY COUNCIL MAY GO INTO EXECUTIVE SESSION REGARDING ANY ITEM POSTED ON THE AGENDA IS AUTHORIZED BY TITLE FIVE, CHAPTER FIVE FIVE. ONE OF THE TEXAS GOVERNMENT CODE NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL MAY GO INTO EXECUTIVE SESSION IN ACCORDANCE WITH THE FOLLOWING PROVISION. OTHER GOVERNMENT CODE UNDER TEXAS GOVERNMENT CODE SECTION 551.071. LITIGATION DELIBERATION REGARDING THE FOLLOWING. PENDING OR CONTEMPLATED LITIGATION OR SETTLEMENT OFFER INVOLVING SORTO ET AL. VERSUS CITY OF TYLER CALLS, 23 1940 SEVEN. DASH EIGH. IT'S PRETTY EXCITING. LITIGATION IS, BY ITS NATURE, AN ONGOING PROCESS, AND QUESTIONS MAY ARISE AS TO ATTRACT TRIAL TACTICS OR SETTLEMENT OFFERS, WHICH NEED TO BE EXPLAINED BY THE TO THE CITY COUNCIL. UPON OCCASION, THE CITY COUNCIL MAY NEED INFORMATION FROM THE CITY ATTORNEY AS TO THE STATUS OF THE OF THE PENDING OR CONTEMPLATED LITIGATION UNDER SETTLEMENT OFFERS RELATED TO LITIGATION MATTERS LISTED ABOVE, ANY FINAL ACTION BY THE CITY COUNCIL WILL BE TAKEN IN OPEN SESSION. SO WE'RE GOING TO RECESS FOR EXECUTIVE SESSION. AND. DEBRA, DO YOU KNOW HOW LONG WE'LL BE GONE? YES. HOW LONG WILL YOU BE GONE? IT'S WE ON BA. ALRIGHT. HERE WE GO. WE ARE BACK FROM EXECUTIVE SESSION AND WE DO HAVE ONE ACTION ITEM. I'D LIKE TO AS MY FIRST ACTION AS MAYOR PRO TEM TO MAKE A MOTION THAT WE ARE IN AGREEMENT TO SETTLE THE SORTO ET AL. VERSUS CITY OF TYLER LAWSUIT FOR THE AMOUNT OF $25,000 BE APPROVED. GOT A MOTION? I'LL ENTERTAIN A SECOND. SECOND. GOT A MOTION BY NICHOLS.

SECOND BY CURTIS. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. OPPOSED? MOTION CARRIES. THERE IS NO FURTHER ACTION, SO I'LL

* This transcript was compiled from uncorrected Closed Captioning.

May 14, 2025 City Council

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