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Ask the Mayor
Mayor Bass
Thank you for visiting the "Ask the Mayor" web page.  This is your chance to ask the Mayor of the City of Tyler, Barbara Bass, a question and see her response posted to this page.

Simply enter your question in the form to the right and a response from the Mayor will be posted in the section below.*

*The City of Tyler reserves the right to summarize duplicative questions, edit questions or not post questions that are inflamatory in nature.  Submissions that are suggestions will be reviewed and sent to the appropriate department for consideration but will not be posted to this page.
Questions for the Mayor
Question:
What is the anticipated growth at the airport in the next ten years?
Answer:

I spoke to our Airport Director Davis Dickson about your question. He said that they are planning for the following:
About 12% growth in enplanements;
About 15% growth in based aircraft; and
About 10% growth in operations.

There are many categories of expected growth and these can be viewed on the airport's web site at www.tylerairport.com. They have a link to the airport master plan that describes and illustrates each area of expected growth.



Question:
What is the population in Tyler.
Answer:
Our resident population is 108,000; however, the daytime population is estimated at 250,000 with people coming to Tyler to shop, work, dine, seek medical care and attend college.

Question:
Are there any permit/submittal requirements beyond an electrical permit for the installation of a solar panel system on a flat roofed, non-residential building?
Answer:
According to Michael Wilson, our Development Services Engineer, only the electrical permit is required.

Question:
How do Tyler's water and sewer rates compare to other cities in Texas?
Answer:
When compared to the water and sewer rates of 659 cities surveyed by the Texas Municipal League, Tyler ranks 146 (with #1 having the lowest rates and 659 having the highest rates). Being in the lower third meant that Tyler has some of the most affordable water/sewer rates in the State.

Question:
What is the procedure for streets to have speed bumps installed?
Answer:
I checked with our City Traffic Engineer, Pete Eng, regarding this question. He said, "Speed bumps are not an approved traffic control device per the TMUTCD. Therefore, we do not install them on City streets and TxDOT does not install them on public highways. However, private roads or parking lots are exempt from TMUTCD and they are frequently used. 

"There is not a standard design for speed bumps. Improperly constructed (or placed) speed bumps can cause motorcycles to lose control or go airborne. Private property owners generally assume liability for having speed bumps.

"Speeding above posted speed limits can only be enforced by the Police Department. Altering the pavement on a public road to control speed assumes liabilities for vehicle damages and injuries. Speed "humps" have been used by some cities on public roads. However, there is no known safe speed based on research for negotiating over these humps."

Question:
Tyler needs a place to dispose of batteries. I have many SLA (sealed lead acid) batteries used in UPSs. I don't want to throw them into the trash and send to the landfill. Do you know of anyone that takes them?
Answer:
According to our recycling coordinator, Kristi Boyett, you can take them to Batteries Plus on South Broadway, in front of Barnes and Noble Bookstore.

Question:
The traffic lights at the intersection of Old Omen Road and Highway 64 East have been malfunctioning for at least six months. The left turn signals for Highway 64 activate regardless of whether a vehicle is in the left turn lanes.
Answer:
I took your question to Peter Eng, the City traffic engineer. I was told that our Signal Crew discovered two of the in-pavement vehicle detection loops had been damaged. This type of damage is usually caused by pavement surface cracking or sub-grade failure and water intrusion. He will have our contractor reinstall these loops. In the interim, this intersection will operate in a "fixed time" mode.

 

 

 

 

 

 

 

 

Question:
The intersection of Grande and Sutherland should be a four way stop; not just a two way. In it's present state, it is a dangerous intersection. Can you do this?
Answer:
The City is installing a four way stop at the intersection today. We are hopeful that this will accustom the public to the new traffic pattern in the area.

Question:
I was wondering if the Tyler P.D. has a volunteer program?
Answer:
We sure do! As a matter of fact, we have a City-wide volunteer program. To learn more, please send an email to our
VOLUNTEER COORDINATOR.

Question:
I have noticed that sometimes intersections are blocked by traffic already in the intersection once the light turns green. Is it against the law for cars to block the intersection?
Answer:
According to our Chief of Police, it is illegal by State law:
Sec. 545.302. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES. (a) An operator may not stop, stand, or park a vehicle:
(1) on the roadway side of a vehicle stopped or parked at the edge or curb of a street;
(2) on a sidewalk;
(3) in an intersection;
(4) on a crosswalk;
(5) between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by signs or markings;
(6) alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic.

Question:
We have a neighbor with one of those BOOM! BOX! CARS!!! -- Everyone on our street HATES his rattling of our windows, the waking of our children and the general STRESS this person creates - more than 25 times per week -- driving up and down our street. It is SO LOUD, you cannot hear the TV in your home. What is Tyler doing about this?
Answer:
I contacted Chief Gary Swindle regarding your concerns. He shared that Tyler does have an ordinance that addresses this issue. Someone from his department will be contacting you to initiate filing the complaint.

Question:
How do I apply for a City Board?
Answer:
To apply for a Board or Commission, please visit
http://www.cityoftyler.org/Government/BoardsandCommissions/tabid/152/Default.aspx

(This can be accessed by clicking on the link above or by using the "Government" drop down menu on the City website and choosing Boards and Commissions.)

On this page there is a description of each of the Boards and Commissions as well as a tab with the application.

I strongly encourage you to apply soon as they are in the process of appointing members at this time. I know that we have not received as many applications as we would like, so please do apply!

Question:
We are very concerned about the hydrilla problem on Lake Tyler East. It has gotten so bad that we can hardly get our boats out of the boathouse and the lake looks horrible. Besides looking so bad, we haven’t been able to swim in the lake all summer, taking away part of the pleasure of living on the lake.. This has grown so fast it is becoming a real problem for all of the homeowners in our area. We would appreciate anything you can do to help us get this area treated also before it continues to grow and take over the whole lake. This can’t be good for the drinking water or for the fish in the lake. Thanks for your help.
Answer:
The City began treating the hydrilla on the lake yesterday. To read all the details, please go to:
http://www.cityoftyler.org/Home/tabid/36/ctl/NewsArticle/mid/865/CategoryID/32/NewsID/841/Default.aspx

Question:
How was the City of Tyler able to restate its population from the official US Census count of 84,321 to over 100,000? The US Census doesn’t take place until 2010.
Answer:
In 2005, the city hired Population Survey Analysts to determine how many inhabitants we had. Through a multi-pronged and statistically verifiable approach, the firm tabulated the number of Tyler citizens. The results of their study demonstrated that the number of Tyler residents exceeded 100,000. This was adopted by the Tyler City Council as authorized by the Local Government Code.

Question:
Tyler hasn’t had public transportation by train for a long time. How hard would it be to offer a train service from Tyler to Longview, Longview to Marshall. Gas is getting really high and I am sure there are people who would pay to ride a train and avoid the long drive.
Answer:
I checked in with Barbara Holly, the City’s planning director and was told that through the authority granted to Regional Mobility Authorities (RMAs) by the Texas State Legislature, the North East Texas (NET)RMA is authorized to study feasibility, design plans, and construct railways in North East Texas.

Although there are no current plans to develop new railways, the NETRMA is continually looking for innovative transportation solutions that will enhance the quality of life and improve the economic environment in North East Texas. Concepts discussed include:

-Possible purchase of abandoned railroad right of way to preserve corridors for future use.
-Potential for high-speed commuter rail between Dallas and Shreveport.
-Development of Intermodal Hub to relieve Port of Houston.

Please continue to visit the NETRMA site periodically to remain up to date on the exciting projects the NETRMA has planned. http://www.netrma.org/

Question:
I did not see a South Tyler Library Branch in the priority items for the Half Cent Sales Tax Project List. I think it should be.
Answer:
While we appreciate your enthusiasm for expanding public library facilities in Tyler, it is our understanding that House Bill 2912 passed in 2003 amended the 4A and 4B sales tax legislation by specifically removing, among other uses of the funds, the construction or repair of libraries or city halls while leaving such facilities as park amphitheaters and museums eligible.

Nonetheless, the issue of area or regional branch library facilities is worth consideration and will be one of the issues addressed in a future master planning process regarding Tyler’s library services to be undertaken in the near future.

Question:
What is the Mayor’s job? How much is she paid?
Answer:
The Mayor of Tyler is not compensated. The Mayor is considered a volunteer position, as are the positions held by Council Members.

The Mayor is the highest elected official in Tyler City government and is elected at-large, which means that citizens in the entire City can vote in the mayoral election.

As the political head of the City, the Mayor provides policy direction to the City Manager who oversees the daily operations of the municipal organization. The Mayor also presides over Council meetings and is recognized as the official governmental and ceremonial leader of the City. The Mayor and Council also appoint the City Manager and Board and Commission members.

As the signatory for the City, the Mayor is required to sign many documents to make them official. This includes ordinances, legal paperwork, bonds, resolutions and proclamations.

The Mayor also plays a critical role in enhancing the transparency of City government. By being visible in the community and sharing what is happening at the municipal level, the Mayor keeps her finger on the pulse of what the community is saying. This ensures two-way communication and responsiveness to citizen needs.

Question:
I have just found out that there is a new ordinance that was passed stating you are not allowed to park on your OWN grass at your home. First, I am not able to find anything about this on the internet, and second what and who has the right to tell a tax payer where they can park on their own property.
Answer:
The ordinance that you are referring to was actually adopted in 1997 - so it is about 12 years old. You can read the ordinance by following this link:
http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:tyler_tx

The ordinance number is Section 10.363(c)(5) and says "5.On a residential lot, all self-propelled vehicles not defined as a large recreational vehicle must be parked on an improved surface. (ORD. 0-97-62, 12/10/97)

For examples, please see the attached brochure. The information on this ordinance is on page two, so please scroll down.

Although the ordinance was adopted in 1997, you are probably seeing increased communication about it in the last year. In 2008, the City launched the Proactive Code Enforcement (PACE) program based upon overwhelming input gained from citizens during the Tyler 21 planning process. Citizens said that they wanted greater enforcement of City ordinances to keep Tyler looking beautiful and to protect property values.

The PACE program focuses on education and Code Enforcement Officers work closely with residents to resolve issues.

Question:
I know that the city of Tyler has a ordinance against smoking in public places. Does that also apply to payment stores? The ACE payment store on Troup Highway in the SuperOne Food Shopping Center has a problem with workers smoking. If you were to walk into that store, the smoke will kill you - especially for those who have asthma. Several of us have asked them about this but it has gotten worse.
Answer:
If the store is located within the City limits, is open to the public and has employees - then yes, the smoking ordinance would apply. This ordinance precludes smoking in the building or within 20 feet of an entrance, operational window or ventilation system. (For more information, please see the smoking ordinance web page at
www.Tylersmokingordinance.com)

I will forward your email to Chief Swindle and ask that officers check this out.


Recently, the City has received some questions regarding the ability to enact ordinances that restrict certain breeds of dogs in Tyler. Below, please see a summary of questions we have received and responses to each. ---- Mayor Bass

Question:
Can the City of Tyler ban pit bulls completely?
Answer:
As currently written, State law would prohibit a municipality from adopting any regulation that is specific to one breed or several breeds of dogs. Texas Health & Safety Code Section 822.047(1). Therefore, unless the Texas Legislature amends the State law, the City of Tyler would be prohibited from banning pit bulls or any other specific breed of dog.

Question:
Can the owner of a dog be required to carry $1,000,000 insurance?
Answer:
State law currently regulates Dangerous Dogs in Texas Health & Safety Code Chapter 822. Section 822.041(2) defines a “dangerous dog” as a dog that:
(A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause person to reasonably believe that the dog will attack and cause bodily injury to that person.

Under Texas Health & Safety Code Section 822.042, after 30 days after a person learns that the person is the owner of a “dangerous dog”, the person must do the following:
1. Register the dog as a dangerous dog with animal control authority.
2.
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in an enclosure.
3. Obtain liability insurance in the amount of $100,000 to cover damages resulting from an attack causing bodily injury, and showing proof to animal control authority.
4. Comply with applicable municipal county or city regulations on dangerous dogs.

Therefore, State law already requires specific insurance if a dog constitutes a “dangerous dog”. Although Texas Health & Safety Code Sec. 822.047 authorizes cities to place additional, more stringent requirements/restrictions on dangerous dogs, such restrictions cannot be breed specific. Accordingly, any requirement to carry $1,000,000 insurance coverage would have to apply to all breeds of dogs that otherwise act in a manner so as to constitute a “dangerous dog”. Enforcement of such an insurance coverage on all breeds of dogs would be difficult to enforce.

Under Texas Health & Safety Code Section 822.005, an owner of a dog commits an offense if, with criminal negligence, the owner fails to secure a dog and the dog commits an unprovoked attack on another person outside of the owner’s real property or outside the owner’s motor vehicle or boat. A dog owner also commits an offense if the owner learns that the animal has engaged in conduct constituting a “dangerous dog” under 822.042 and the dog commits an unprovoked attack outside of an enclosure and causing bodily injury. Offense can be 2nd or 3rd Degree Felony. However, for criminal prosecution to occur under this State law, the dog essentially has to attack and injure someone.

Prosecutions for felonies or murder would rest with the District Attorney and not the City of Tyler, per State law. The City of Tyler only has jurisdiction over Class C Misdemeanors.

Question:
What regulations has the City of Tyler already adopted to be pro-active in its approach to deal with dangerous dogs?
Answer:
Leash law in City Code Section 14-11. Prohibits dogs from running astray within the City limits or within 5,000 feet of the City limits. City Code Section 14-1 lists 5 examples of when an animal is “restrained”. The animal must meet one of the following conditions:
1. Confined on the premises of owner within a fence or enclosure.
2. Fastened or picketed by a lead, rope, or chain so as to keep the animal on the premises of the owner.
3. Under control of a person by means of a harness, leash, chain, or similar device attended by a person of sufficient strength to prevent the animal from running at large.
4. On or within a vehicle being driven or parked if the owner is present to control the animal from jumping or falling out.
5. At heel beside or otherwise controlled and obedient to a person competent to restrain the animal by command.

City Code Sec. 14-5 authorizes the Health District Director, Police Chief, or designee to impound stray animals, any animal that has been a human or which has acted in a vicious manner, etc.

City Code Section 14-20 makes it unlawful for an animal to engage in fierce or dangerous conduct. No actual attack or bite is necessary, and acts covered on both public and private property are covered. Therefore, unlike the State law, this City Ordinance would cover animals acting inside an enclosure. The dog need only act in a threatening manner or so that the owner would reasonably know that the animal is possessed of tendencies to attack or bite persons. Animal Control Officers or Police Officers are authorized to impound an animal upon receipt of a report of fierce or dangerous conduct by an animal. There is no 30 day waiting period as there is in State law. If an Animal Control Officer, Police Officer and Veterinarian all agree, a complaint can be filed in Municipal Court and the animal impounded as a nuisance. If such impoundment cannot be made with safety to the Animal Control Officer or other persons, the animal may be destroyed.

Question:
I recently ran a red light at the intersection of Loop 323 and Old Jacksonville; I understand that I did break the law, but the cost of the ticket was $300! This seems petty steep.
Answer:
According to our Chief of Police and the administrator for the Municipal Court, the fines for Tyler’s red light violations and stop sign violations are set at the maximum by law ($300) by the Municipal Court Judges. They set them at the highest level allowable because these are the two violations that are continually violated and cause the most fatalities; side impact crashes are often caused by drivers running red lights. The purpose of setting the highest fine possible is to discourage people from violating these laws.

There have been 1425 Red Light violations written since January 1, 2009.

Question:
I have heard that the City is hiring a consultant to implement a Lean Sigma program. Is this true?
Answer:
The City is excited to be launching a Lean Sigma program. However, we are not hiring a consultant to launch the effort. Rather, we are replacing a current vacant position within the organization with a quality assurance professional already trained in Lean Sigma techniques. This City employee will provide training to other City employees on techniques that will help us improve our quality and efficiency.

Lean Sigma provides tools to an organization that identify variations in processes that decrease quality and ultimately cost taxpayers money. It will also help us evaluate processes to ensure they are efficient (each step adds value). By launching this process throughout the organization, the City will improve our quality and efficiency.

Although originally used in manufacturing, Lean Sigma tools have more recently been utilized in service industries and have shown great success. The federal government has launched efforts in some departments including the armed forces and others. The healthcare industry has also begun using Lean Sigma tools to improve quality. Few municipal governments have launched Lean Sigma programs; however, more are deploying proven Lean Sigma techniques and are experiencing success in their efforts to use these tools.

Tyler has a long history of assessing our performance and looking for ways to improve quality and efficiency. In the 1990s, the Blueprint was launched and resulted in a culture focused on measurement, improvement and quality service delivery. Our Lean Sigma program will be the next step in our continuing effort to improve the quality and efficiency of the services we provide to the citizens of Tyler.

Question:
I was just wondering if Tyler has ever thought of having a dog park?
Answer:
At this point we do not have funding for a dog park. However, we are in the process of hiring a consultant to develop a new Parks and Recreation Master Plan. There will be many chances to offer public input during this master planning process. Sharing your ideas will be important because the plan will be the driving force for new developments in parks for the next five to ten years.

Question:
I live on Pine Burr Road in Tyler. I am unsure who I need to send my concerns to in regards to getting a children at play sign on my street. There is a park down about six or seven blocks from my home and there is one sign over on the other street but not on mine which is Pine Burr. There are about 20 kids that live in a 15 block area from that park and there are no children at play signs on this road and the drivers are driving way to fast. The speed is not posted so we drive between about 20-25 miles an hour. Slow enough you have enough time to stop if need be. Our street is part of the Tyler improvement project so they are putting in curbs, which is an awesome improvement to our neighborhood. I would be willing to put that speed detector up in my yard to check the speed. Please direct me to where I need to send my concerns to.
Answer:
The City does not install "SLOW CHILDREN AT PLAY" signs because studies have proven that the signs are not effective at slowing drivers or raising awareness. In effect the "SLOW CHILDREN AT PLAY" signs only provide a false sense of security to the children and parents. Since speeding appears to be an issue, I will contact the Police Department and ask them to place the speed trailer out there. By State law an unsigned city street has a speed limit of 30 MPH. I will have reminder speed limit signs placed on each end of Pine Burr.

Question:
What is the scheduled completion date for Grande from Sutherland to Paluxy?
Answer:
The project will be completed in late August 2009.

Question:
What is the scheduled completion date for Grande from Paluxy to Troup Highway?
Answer:
The project will be completed in late October 2009.

Question:
How long has ETMC been providing ambulance service to Tyler? Does it cost Tyler money? Has there ever been talk of the Fire Department taking over ambulance service as a way to save money?
Answer:
The City of Tyler entered into a Master Contract for Paramedic Ambulance Service with East Texas Medical Center on May 26, 1992. Under this contract the City of Tyler pays nothing for this service. ETMC receives exclusive rights to provide ambulance service within the City of Tyler. Under the contract they have service benchmarks that they must meet and must provide periodic reporting regarding service to the City.

Question:
I was told the City of Tyler operates on a pay as you go system instead of going into debt borrowing money via bonds. Is this true and if so can you send me more information on this?
Answer:
Yes, it is true that Tyler operates on a pay as you go basis. The City has no general obligation debt, which is tax supported debt. Capital improvement projects are started when we have the money to pay for them.

The exception to this is projects that are funded by income that is not tax supported. An example would be water utility extensions. These projects are funded by income we make from selling water to other communities, commercial sales, etc. We do occasionally incur debt for these types of projects because it is not repaid by sales or property taxes.

Attached, please find an article that tells a little more about the history of this practice: ARTICLE. Also, follow this link (BLUEPRINT) to learn more about the Blueprint, our management philosophy.

Question:
Our neighbor has three dogs that bark and bark the entire time we are outside in our backyard. What can be done?
Answer:
According to the Police Department, you can call them and file a formal complaint. They will let the dog owners know that it is an issue. A citation may follow if the situation persists.

Question:
When are City Council meetings held?
Answer:
Meetings are held the second and fourth Wednesday of each month at 9 a.m. To preview the agenda, simply use the "Government" drop down menu at the top of this page and select agendas. The Council Meetings are also aired on My Tyler TV, Suddenlink Channel 3. In the next month, we will begin placing videos of the meetings on this web site as well.


Question:
Someone in my neighborhood is hiring a lawn service that uses extremely loud leaf blowers, such as those used to clear commercial parking lots. While I am aware that people must do their job and keep our City clean, couldn’t people working in residential areas be required to use personal/ residential equipment instead of the commercial type? It seems to me that these people are violating the noise ordinance.
Answer:
I have contacted both our Code Enforcement Department as well as the Police Department. I was told that the City does have a noise ordinance; however, according to the Police Department, the noise you described would probably not be prohibited if it was occurring during normal business hours.

Question:
A handicap has forced me into early retirement. I cannot do yard work nor afford to modify my home so my wife and I have looked into town homes and condos. None of these comply with the Americans with Disabilities Act with no access to community buildings or handicapped parking. One place does have access to the mail boxes but no parking. Do these places have to meet requirements of the act?

 

Answer:
I have checked with the Development Services Department for the City which issues building permits. I was told the following:

All new commercial projects are required to submit a TAS (Texas Accessibility Standards) number prior to obtaining a building permit when the project cost exceeds $50,000. That means that they are registered with the Texas Department of Licensing (TDLR) and Registration Architectural Barriers Administration for plan review. That State agency checks the plans for compliance to proper accessibility requirements. Multi-family projects are required to have a certain percentage of dwelling units, depending on whether they are a Type A or Type B dwelling unit, as determined in chapter 11 of the 2006 IBC. However, because the City of Tyler has deleted Chapter 11 of the IBC by local amendment, the State of Texas is the authority for enforcing ADA requirements. Townhomes are permitted as single-family projects and are not required to comply; however, the clubhouse or leasing office is permitted as commercial, and therefore, should be in compliance with ADA standards.

One of the newer townhome projects in Tyler, the Villas of Hollytree, have a certain percentage of units that have an elevator within the individual dwelling unit. Others, such as Hamilton Park I and II, are all at grade level or single story structures.

For additional information on the State’s requirements, you can go to the TDLR web site at http://www.license.state.tx.us/ab/abtas.htm or view the TAS at http://www.license.state.tx.us/ab/tas/abtas.htm.

I hope this information is helpful to you!

Question:
What is the homeless rate in Tyler?
Answer:
According to the president of the Smith County Coalition for the Homeless, the Point in Time Homeless Count and Survey was conducted on January 29. This survey found a homeless rate of .24% (261 homeless people were identified that night, 62 were children).

 

 

 

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