OFFICIAL PUBLICATION OF THE TEXAS MUNICIPAL LEAGUE MAY 21 VOLUME CVIII NUMBER 5
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OFFICIAL PUBLICATION OF THE TEXAS MUNICIPAL LEAGUE MAY 21 VOLUME CVIII NUMBER 5 TEXAS TOWN & CITY • 1 • M AY 2 0 2 1
City of Bellaire City Hall + Civic Center City of College Station Police Headquarters City of Allen Central Fire Station City of Seguin Library LEGACY. DESIGN. SERVICE. PARTNERING WITH TEXAS MUNICIPALITIES SINCE 1946 architecture alexandria hoboken engineering atlanta houston interiors austin las vegas planning boca raton los angeles chicago salt lake city dallas/fort worth san diego denver pgal .com
CONTENTS H FEATURES Official Publication of the Texas Municipal League. 24 32 Formation and Procedures of the Texas How Planning and Collaboration This publication assumes no responsibility Municipal League Nominating Committee Established Irving as Texas’ for statements made by contributors “Headquarters of Headquarters” in signed articles. It is not operated for 26 pecuniary gain. 2021 Annual TML Taxation and Debt Survey 36 Results Are Available City Vision and Innovation Academy: Editor Christina Corrigan A Power Combination Creative Manager Jennifer Stamps 28 Designer Will Bowling Cultivating Talent in Your Own Backyard 39 Advertising Sales Gray Bulman 2022 Census of Governments Printing Publication Printers Corp. 30 Baytown Strategically Plans for the Future Texas Town & City (ISSN 1084-5356) is published monthly except October for $30 per year ($3.00 per single copy) by the Texas Municipal League, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5101. Periodicals Postage Paid at Austin, Texas and additional mailing offices. CONTENTS H IN EACH ISSUE POSTMASTER: Send address changes to Texas Town & City, 5 14 1821 Rutherford Lane, Suite 400, Austin, Message from the President Small Cities’ Corner Texas 78754-5101. 6 18 Section 305.027, Government Code, requires TML News Legal Q&A legislative advertising to disclose certain information. 8 41 Risk Pool News Career Builder A person who knowingly enters into a contract or other agreement to print, publish, 10 43 or broadcast legislative advertising that Health Pool News Instagram Highlights does not contain the required information commits a Class A misdemeanor offense. 12 Texas Town & City contains material which City Lights is legislative advertising as defined by law in the state of Texas. Mr. Bennett Sandlin has entered into an agreement with Publication Printers Corp. for the printing of Texas Town & City ABOUT THE COVER magazine. Mr. Sandlin represents the Strategic planning is the member cities of the Texas Municipal bridge to success in the City League. of Baytown TEXAS TOWN & CITY • 3 • M AY 2 0 2 1
ABOUT H TML BOARD OF DIRECTORS H TML The Texas Municipal League exists solely TEXAS MUNICIPAL LEAGUE BOARD OF DIRECTORS to provide services to Texas cities. Since its formation in 1913, the League’s mission PRESIDENT 14-Andy Brauninger, Mayor, Huntsville Jennifer Bozorgnia, Court Services Karen Hunt, CMO, Mayor, Coppell 15-Shelley Brophy, Mayor, Nacogdoches Coordinator, Irving has remained the same: to serve the needs Texas Court Clerks Association 16-David Rutledge., CMO, Mayor, and advocate the interests of its members. PRESIDENT-ELECT Bridge City Membership in the League is voluntary Martha Castex-Tatum, Jimmy Chew, Fire Chief, Stephenville Vice Mayor Pro Tem, Houston Texas Fire Chiefs Association and is open to any city in Texas. From the AFFILIATE DIRECTORS original 14 members, TML’s membership has Amanda Campos, City Secretary, Lee Battle, Director of Community grown to more than 1,150 cities. Over 16,000 IMMEDIATE PAST PRESIDENT Enhancement, Allen Burleson Holly Gray-Moore, Mayor Pro Tem, Texas Municipal Clerks mayors, councilmembers, city managers, American Planning Association Roanoke Association, Inc. Texas Chapter city attorneys, and department heads are member officials of the League by virtue of Lisa Norris, Human Resources/ PAST PRESIDENTS Marissa Ximenez, Councilmember, Civil Service Director, Grand Prairie their cities’participation. Mary M. Dennis, CMO, Mayor, Live Oak Floresville Texas Municipal Human Resources Association of Hispanic Municipal Jungus Jordan, Mayor Pro Tem, Association Officials The League provides a variety of services Fort Worth Maria Redburn, Library Director, Bedford to its member cities. One of the principal Leonard Reed, CMO, Mayor, Willis Selso A. Mata, Director of Building Texas Municipal Library Directors purposes of the League is to advocate Henry Wilson, Mayor, Hurst Inspections, Plano Association Building Officials Association of Texas municipal interests at the state and federal Dock Jackson, CMO, Councilmember, Bastrop Michael Thane, Director of Utilities, levels. Among the thousands of bills Clifford Blackwell, CGFO, Assistant Round Rock Terry Henley, Board of Adjustment City Manager, Bedford introduced during each session of the Texas Texas Municipal Utilities Association Member, Meadows Place Government Finance Officers Legislature are hundreds of bills that would Association of Texas Brian Frieda, City Manager, Ballinger affect cities. The League, working through its DIRECTORS-AT-LARGE Texas Police Chiefs Association Legislative Services Department, attempts Robin Mouton, Councilmember, Jeff Williams, Mayor, Arlington Beaumont Timothy Slifka, Purchasing Manager, to defeat detrimental city-related bills Steve Adler, Mayor, Austin Texas Association of Black City Council Southlake and to facilitate the passage of legislation Paulette Guajardo, Mayor, Corpus Christi Members Texas Public Purchasing Association designed to improve the ability of municipal Eric Johnson, Mayor, Dallas James C. Brown, Chief Information governments to operate effectively. Claudia Lizette Rodriguez, Erin Hart, Assistant Director of Parks, Officer, Lubbock Representative, El Paso Arts and Recreation Department, Texas Association of Governmental Grand Prairie The League employs full-time attorneys who Betsy Price, Mayor, Fort Worth Information Technology Managers Texas Recreation and Parks Society are available to provide member cities with Martha Castex-Tatum, Vice Mayor Pro Tem, Houston Steve Rockey, Councilmember, information on municipal legal matters. On a Friendswood EX-OFFICIO NON-VOTING INVITED Ron Nirenberg, Mayor, San Antonio daily basis, the legal staff responds to member Texas Association of Mayors, REPRESENTATIVES Councilmembers and Commissioners TML Health Benefits Pool cities’ written and oral questions on a wide REGIONAL DIRECTORS Blake Petrash, Mayor Pro Tem, variety of legal matters. The League annually Steve Killen, Director of Development 2-Doyle Robinson, CMO, Mayor, City of Ganado conducts a variety of conferences and Panhandle Services, Stephenville Texas Association of Municipal Health training seminars to enhance the knowledge 3-Latrelle Joy, Councilmember, TML Intergovernmental Risk Pool Officials and skills of municipal officials in the state. In Lubbock Jeffrey Snyder, City Manager, Plainview addition, the League also publishes a variety 4-Veronica Baca, Councilmember, Will Hampton, Communications and Marketing Director, Round Rock of printed materials to assist member cities Pecos City Texas Association of Municipal in performing their duties. The best known 5-Bill Lindenborn, Commissioner, Information Officers of these is the League’s monthly magazine, Burkburnett 6-Robert Brown, Alderman, Menard Kristina Ramirez, Planning and Texas Town & City. Each issue focuses on a 7-Suzanne de Leon, CMO, Mayor, Development Director, Harker Heights variety of contemporary municipal issues, Texas Chapter of American Public Works Balcones Heights including survey results to respond to Association 8-Tito Rodriguez, Councilmember, member inquiries. North Richland Hills Charles E. Zech, City Attorney, 9-Ray O’Docharty, Mayor, Groesbeck Pflugerville, Bee Cave, Wimberley, Prairie For additional information on any of 10-Connie Schroeder, CMO, Mayor, View, Rollingwood, Santa Fe, Leon Valley, and Fair Oaks Ranch these services, contact the Bastrop Texas City Attorneys Association Texas Municipal League at 512-231-7400 11-Patrick R. Rios, CMO, Mayor, Rockport or visit our website, www.tml.org. 12-Ricardo Villarreal, Mayor, Palmview Hugh R. Walker, Deputy City Manager, 13-Rick Grady, Councilmember, Plano Bryan Texas City Management Association TEXAS TOWN & CITY • 4 • M AY 2 0 2 1
MESSAGE H FROM THE PRESIDENT KAREN HUNT MAYOR, CITY OF COPPELL TML PRESIDENT Dear Texas City Official, This will be my last letter to you in this magazine, as I’m leaving office as Mayor of Coppell on May 11. My entire term as TML President has been in the virtual world. However, as expected, TML as an organization, its staff, and its members stepped up to the plate and continued on – for that I am very thankful. While it is time for me to step down from an elected position, I will not lose interest in all the issues that the League works for – keep up the good fight. Those of you who are acquainted with me know there will be a “next thing” that I can contribute to. Today, I just do not know what it will be. I will, purposefully, take a break and then be open to the possibilities. To me, that is exciting! I will miss all of you and if you feel someone is watching you, I am. One thing I am especially proud of is how the League has partnered with the Legislature on very important issues stemming from the COVID-19 pandemic and the winter ice storm. This has been a legislative session like no other, and TML seized the opportunity to cooperatively push for legislation regarding grid hardening, broadband access, and open meetings law reform. But we aren’t out of the woods yet. By the time you get this issue, there will still be a couple of weeks left of work at the Capitol in Austin. Please make yourself available for calls to action on critical issues like community censorship and debt restrictions. Check your in-box frequently and keep you cell phone charged—things will be happening fast right up until midnight on sine die. I’ll close by reminding you that we started this year with an emphasis on the League’s grassroots, and that is you! Thank you for your service to the League, to cities, and to our great residents who depend on us. Karen Hunt Mayor, City of Coppell TML President TEXAS TOWN & CITY • 5 • M AY 2 0 2 1
TML H NEWS deals reached, the measures that fell short, and the impact the legislation will have on cities. TML staff will brief you on the key bills that passed, and explain what you need to know to prepare for the laws’ enactment. Register early to reserve your place at https://tmllegislativeseries.org. TML Salary Survey The TML Salary survey collects salary information for 27 common city positions. To access the data, go to salarysurvey.tml.org. The site allows you to search by region, population, job title, and more. If your city hasn’t completed the survey for this year, please contact Rachael Pitts at rpitts@tml.org. Update Your Membership Information Is there someone new at the city, or do you need to update an email address? Now is the time to review the information we have listed for your city. Staying connected to you is our number one priority, and updating your information is Apply Now for a Municipal Excellence simple—go to the TML membership update page. Award Get Training on Demand The TML Municipal Excellence Awards have been celebrating and inspiring municipal excellence and Did you miss the League’s April webinar with Joe Serio innovation for more than 25 years. Each year, awards are on Six Powerful Tools for Resilience? You can view this given in two population categories (cities under 25,000 webinar and other previously recorded training at your and cities over 25,000) and in five subject categories leisure through TML On Demand. Access a free or fee- (city spirit, communication programs, management based webinar or workshop from the comfort of your home innovations, public safety, and public works). The or office. Scroll down to see the list of on demand training deadline to submit online applications is June 4. For at https://www.tml.org/218/Texas-Municipal-League-On- additional details including the application link, visit Demand. www.tml.org/210/Municipal-Excellence-Awards. Access TML Coronavirus Resources The League has a city-specific Coronavirus Resource Join Us for the Legislative Wrap-Up page with links to state disaster orders and guidance, Get a behind-the-scenes briefing on the outcome of the TML resources, and state and federal services. Want major city-related bills from the 87th Texas Legislative to review the governor’s recent disaster order or read Session at this one-day, in-person workshop on Monday, one of the League’s recent daily Coronavirus Updates? June 21, at the Hilton Austin. You’ll hear about the Visit www.tml.org/654/Coronavirus-COVID-19-Resources. H TEXAS TOWN & CITY • 6 • M AY 2 0 2 1
Making Healthcare Better For You Cut your benefit costs this year without sacrificing quality healthcare Upgraded pharmacy benefits are just the beginning of our reinvention of benefits for Texas public employees! This coming enrollment season, look forward to: Better Prices Better Service • The best discounts on the cost of • Dedicated TML Health healthcare with the Blue Cross and Account Teams Blue Shield of Texas provider network • 24/7 employee service from • New pharmacy benefits manager a Texas-based service team allows us to pass savings on to you in lower rates Better Health • Expanded wellness benefits Better Access and rewards • Access to doctors and hospitals • Individual health coaching wherever you are with the broad Blue • “Whole person” approach to Cross and Blue Shield of Texas network disease management TML Health Benefits Pool is a non-profit trust organization created by political subdivisions to provide group benefits services to participating political subdivisions and is not an insurance company. This contains proprietary and confidential information of TML Health. Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association TEXAS TOWN & CITY • 7 • M AY 2 0 2 1
RISK POOL H NEWS for up to three hours of self-study CLE credit. Please refer The Texas Municipal League to the State Bar CLE compliance rules for more information. Intergovernmental Risk Pool Announces: The Pool provides financial strength and stability through a partnership with over 2,800 local governments, providing The “Local Officials: Stronger, Together workers’ compensation coverage to over 165,000 public Podcast Series!” servants, and protecting more than $48 billion in property. The collective success makes members Stronger, Together, The Texas Municipal League Intergovernmental Risk Pool demonstrated through the Pool’s core values: proudly introduces the Local Officials: Stronger, Together Podcast Series. The Pool is producing this regular podcast • Public Service: Serving the public good – for the series, which has been dubbed STP, to help local officials benefit of local governments and their tax-paying (and managers and staff) understand key operational and citizens. legal concepts, and the services that the Pool provides. After arming members with that information, each 15-minute • Fiscal Responsibility: Responsibly managing our episode will give easy action items to help keep your members’ pooled funds for the protection of their citizens, employees, volunteers, and property safe, all while financial stability. saving public dollars. • Operational Excellence: Delivering excellent member As part of each podcast, the Pool’s website (www.tmlirp.org) service in all components of risk financing and loss will provide written materials with additional information on prevention services. that episode’s topic. Click the link on the home page to find the podcasts and materials. Members can also sign up for • Integrity: Serving with honesty, integrity, and email notification of new episodes. professionalism. The first two episodes are about “Local Governments Scott Houston, the Pool’s member liaison, is the podcast and Firearms: Avoiding a Jam” and explain: (1) a local host. After serving the Texas Municipal League for more government’s limited authority to regulate where a than 20 years, the last half as general counsel, Scott now citizen can carry a firearm; and (2) the authority of a local serves as member liaison for the Pool and part-time special government to prohibit or allow employees with a license counsel to the Texas Municipal League. He has served as to carry a handgun at work, the potential liability for doing an adjunct professor, been published in the Texas Tech so, and basics of the Pool’s coverage. Future podcasts will Administrative Law Journal, and has received awards from include topics on sewage back-ups, cybersecurity, the the American Bar Association, Texas Bar, and International Pool’s BEST roofing program, and much more. Municipal Lawyers Association. He graduated from Texas A&M University with a degree in political science and, after City councilmembers can earn up to 19 Texas Municipal studying law in Austria and Argentina, received his law League Institute CEUs for listening to many of the podcasts. degree from St. Mary’s University School of Law. To receive CEUs for a particular episode, an elected official must provide a description of the episode, which must be Questions or comments? Visit www.tmlirp.org, educational in nature, pertain to municipal leadership, and call 512-791-4158, or email scott.houston@tmlirp.org. H should enhance your service as an elected official, for TML approval. Attorneys who listen to podcasts may be eligible TEXAS TOWN & CITY • 8 • M AY 2 0 2 1
Take Care of Your Community by Maximizing Your Utility’s Value. We know many municipal leaders are faced with the reality of balancing budgets while prioritizing much-needed community improvements and maintaining regulatory compliance of their water and wastewater systems. But the answer to these challenges might be found in Fair Market Value and a partner like Aqua Texas. Texas’ Fair Market Value law enables municipalities and Steve Dunnahoe other utility owners to receive fair market value for the Manager, Business Development sale of their water and wastewater systems. That could O: 817.367.1403 mean an increase in the value of these systems that M: 817.822.3779 could be reinvested into community priorities. SMDunnahoe@AquaAmerica.com Aqua Texas has been serving communities throughout Texas since 2003. Call us to learn how we can work together to improve your water and wastewater systems. Learn more at WaterByAqua.com TEXAS TOWN & CITY • 9 • M AY 2 0 2 1
HEALTH POOL NEWS H What Kind of Health Plan Is Right for Your employer cost savings of an HMO, but watch the amount Employees? of the deductible carefully. An HSA is a tax-advantaged savings account into which the employee can deposit As you work out your budget for the oncoming fiscal year, money tax-free, invest it to grow the balance tax-free, and you may be wondering how to make the best choice on spend the money tax-free on healthcare expenses. The the second-biggest line item on many city budgets after HSA belongs to the employee, and remains with them if payroll – healthcare. they retire or change jobs. Which healthcare plan type is right for your employees? If the employee needs to withdraw money from the HSA Here are the main options and why you might choose one for non-healthcare-related expenses, they can do so by over the other: paying income tax plus a 20 percent penalty. However, if the employee has a balance remaining in the HSA once PPO (Preferred Provider Organization) they reach age 65, they can withdraw the money with no In a PPO, members pay less out of pocket to see any doctor penalty, paying only income tax. In this way, employees can in the network, and can pay a higher out of pocket cost to treat an HSA like an additional retirement benefit. see an out-of-network healthcare provider. Providers agree Now what was that about watching the amount of the to discount their services when they join the PPO network, deductible? HSAs can be combined only with qualifying which helps reduce the cost of medical claims. HDHPs. In 2021, these plans must have a minimum This option usually offers the most patient choice in-network, deductible of $1400 for employee-only coverage and with no primary care referral required to see a specialist. $2,800 for family coverage, the same as in 2020. The Because there are limited utilization controls, this is also upper limit for out of pocket maximum costs is $7,000 often the highest-cost option, both in monthly cost to the for employee-only coverage and $14,000 for family employer and in total out of pocket cost for members, but coverage, both increased from the upper limits in 2020. also often offers members the ability to keep their doctor(s). However, for 2021, employees cannot contribute more HMO (Health Maintenance Organization) than $3,600 to their HSA for themselves alone or $7,200 for family coverage. This means it is possible for the An HMO manages costs by limiting access to specialists. employee’s deductible in a single year to be higher than Employees must choose a primary care doctor, and the amount they can contribute that year to their HSA, cannot see a specialist without a referral. HMOs offer lower meaning they may have to pay the rest of their deductible premiums because of the tighter network and control over out of pocket, and pay income tax on the money they used utilization, however the tradeoff is less choice of providers. to do so. To prevent this, consider choosing an HDHP with a deductible that is less than the annual HSA contribution EPO (Exclusive Provider Organization) limit. Note that employers can contribute to an employee’s Sometimes called a narrow network, an EPO only covers HSA directly, offering another way to expand healthcare care for in-network providers, and normally uses a small and retirement benefits. network of local providers who have accepted the most Self-Insured Versus Fully-Insured cost-effective rates. The disadvantage of having a small local network is that certain specialties may not be available In a fully-insured plan, the insurer buys all the risk of health for complex conditions. claims from the employer, providing first-dollar coverage. However, the insurer also keeps all the rewards of good HDHPs (High Deductible Health Plans) years with lower healthcare claims, retaining the difference Combined with an HSA (Health Savings Account) between your premiums and your healthcare costs as profit. This option can combine the flexibility of a PPO with the TEXAS TOWN & CITY • 10 • M AY 2 0 2 1
Additionally, as insurers, they are beholden to the 80-85 employees? Consider balancing open access to care from percent medical loss ratio by law, which means the only the providers of the employees’ choice against the cost to way for them to satisfy shareholders by increasing profits you and your employees. If you need help, consider working is to increase medical spending regardless of care quality. with a broker. (And if you want to make sure the broker’s interests are aligned with yours, choose one who works on A self-insured plan can avoid these challenges. However, a flat fee or per employee basis rather than a commission, self-insurance exposes you to substantial risks as well: one so they work for you and not the insurer.) very large claim, such as a million dollar cancer treatment or specialty drug, can wipe out an employer’s budget and About TML Health Benefits Pool force the shutdown of the benefit plan. TML Health Benefits Pool offers health benefits created by Self-insured risk pooling can offset these large risks, by Texans exclusively for Texas cities and political subdivisions. distributing the costs of such high-cost claims across many TML Health brings together hundreds of Texas public public employers so that each may pay a very small amount entities to leverage collective purchasing power and risk in monthly plan cost to absorb the high-cost claim. The risk sharing to stabilize the cost of health benefits and deliver pool can also provide stop loss coverage for large claims. the lowest long- term net costs, while offering additional The TML Health Pool further mitigates the cost of large services such as wellness programs, virtual health checkups, outlier claims by not including them in underwriting when telemedicine, and online and phone enrollment. By sharing calculating monthly plan cost. in the Pool, TML Health’s members share the rewards of superior health coverage—lower costs, better health How to Choose? outcomes, and more personalized service. H How do you choose the right plan for your city and your Grandscape / The Colony, Texas We know Texas. ON A GRAND SCALE. We’re Olsson, a nationally recognized engineering and design firm with a strong presence in the state. See our work at olsson.com. TEXAS TOWN & CITY • 11 • M AY 2 0 2 1
CITY LIGHTS H Plano Mayor's Summer Internship Program experiences, these internships have helped build the vision and the skills needed for students to successfully transition Plano Mayor Harry LaRosilier is passionate about fostering into college and into future careers. And for participating a sense of community and delivering what he calls the companies, the Mayor’s Summer Internship Program has Plano Promise: “Our City will protect you. Our schools will proved to be a rewarding investment in the area’s future educate you, and our community will nurture you.” This has workforce — showing interns that their hometown is more inspired the launch of several community initiatives that are than a starting point, it is a career destination. designed to touch the lives of children in all continuums of their life. To learn more, visit: https://planomayorsinterns.org/program.html. Mission Strong The City of Mission in partnership with more than 30 local sponsors, hosted a Community Mass Food Distribution in March at the Mission Event Center. Local leaders and business owners donated the resources to purchase the food from the RGV Food Bank. Of those initiatives, Mayor LaRosilier is most proud of the Plano Mayor’s Summer Internship Program, which offers real-world workplace experience through an eight-week paid internship to rising juniors and seniors attending a Plano public school or residing in the City. The program equips youth with valuable skills not offered to them in high school, and builds a bridge for the future workforce to return to Plano. Since 2014, the inaugural year for the program, over 600 Plano high school students have received internships at Mission residents drove up to the event to receive 10 small and large companies, nonprofits, and governmental pounds of chicken, 10 pounds of assorted dry foods, water, agencies throughout the City. Providing life-changing work fresh tomatoes, and a coupon for a free haircut. As a COVID- TEXAS TOWN & CITY • 12 • M AY 2 0 2 1
19 precaution, the food distribution was program. The winning communities were selected from more than 50 cities held in drive-thru fashion and volunteers that applied. placed the food into each vehicle’s trunk. “In a year when local leadership was on the frontlines, it should come as “On top of the devastation caused by no surprise that cities, towns, and villages are responding to the changing the winter storm, we are still in the midst demographics of their communities to make them more welcoming of a pandemic,” Mayor Dr. Armando and inclusive,” said NLC President and Councilmember Kathy Maness of O’Caña said. “I want to thank our staff and Lexington, South Carolina. “We are excited to celebrate these municipalities volunteers for their tremendous effort to that are leading the way in embracing diversity.” H feed our city. I would also like to thank all of our partners and sponsors for working with us to support our families during this crucial time.” Arlington Honored with 2021 Cultural Diversity Award The City of Arlington was one of four cities honored with the National League of Cities (NLC) Cultural Diversity Award for innovative programs promoting inclusivity and diversity. Selected as the winner in the 200,001-500,000 population range, Arlington was recognized for creating and supporting the Arlington Unity Council. Other winning communities included Atlanta, Georgia (population of 500,001 and more), Providence, Rhode Island (population of 50,000-200,000), and District Heights, Maryland (population under 50,000). The City of San Antonio was a second place winner in the population of 500,001 and more category for its Mission Marquee Plaza and Core Grants Program. NLC’s Cultural Diversity Awards celebrate programs that support the arts, community building, and Black history. Submissions for the awards program were grouped by size and evaluated for creativity, impact on the community, and scope of the TEXAS TOWN & CITY • 13 • M AY 2 0 2 1
SMALL CITIES' CORNER H #GROWWITHGLENNHEIGHTS: PIVOTING THROUGH A PANDEMIC, UNEXPECTED LOSS, AND A WINTER STORM By David Hall, City Manager, and Lauren Lewis, Marketing and Communications Manager, City of Glenn Heights Perfectly positioned along IH-35 East, 20 miles south of downtown 1. Positively frame change management messaging in a Dallas, the City of Glenn Heights is a hospitable and business- timely, transparent manner and introduce upcoming friendly community divided between Dallas and Ellis counties. projects into the established conversation with ease. While the City has a total area of 7.2 square miles, we have 2. Introduce new concepts birthed internally while easily experienced rapid development and growth in the past five years communicating with community stakeholders through one thanks to the effects of the southern migration felt in the Dallas- unified voice. Fort Worth metroplex. While the growth has been positive for 3. Foster two-way, interactive relationships with residents our tax base, it has presented growing pains for our community via digital platforms. through increased road construction, home construction, and 4. Reach population segments not engaged on social demand on city services. To overcome these challenges as staff, media. we shifted our internal direction, tone, and culture to delivering excellent citizen-centered services, and then launched an external Between the 2019 campaign kick-off and February 2020, we campaign to bring our citizens along for the ride. relaunched our website, deployed a text messaging news alert platform to increase government transparency, and launched In 2019, the Glenn Heights community engagement staff launched an emergency notification system to stay in touch with residents the #GrowWithGlennHeights campaign as part of a strategic during emergencies. We also worked internally to craft content communications effort to: and engage our followers in dialogue via social media to learn more about how services could be improved upon. Our shift from TEXAS TOWN & CITY • 14 • M AY 2 0 2 1
a push to pull marketing strategy allowed us to organically grow our primary Facebook Providing Resources for the Community In March 2020, just two weeks after the What is your downtown business page likes by 135.66 percent Senior Center opened, staff transitioned through deploying digital initiatives that from serving seniors in-person to delivering doing for shifted dialogue from a one-way, top- daily meals. Since the transition, program down message dissemination vehicle participation has increased by 300 percent. to a two-way, conversational concept. This program, run in partnership with Dallas The positive response signified viewers liked and responded well to the intentional County, is still operating as a delivery service. In late March 2020, community engagement you? engagement tactics deployed on all social staff began hosting a Facebook Live “Chat mediums. with the Mayor” session every Friday afternoon to discuss COVID-19 and city operations COVID-19 Pandemic questions with Mayor Harry Garrett and top On March 2, 2020, the #GrowWithGlennHeights personnel. communications plan was expanded to encompass the adaption of city operations On April 7, 2020, the Glenn Heights City in response to the ever-growing crisis now Council approved a resolution to implement affecting our community. The city manager a temporary suspension of late fees imposed and emergency management personnel on residents as the result of late payments of met and made prepared operations to all utility bills during the state of local disaster. become self-sufficient, provide resources for the community, and establish recovery On May 13 and 14, 2020, the City hosted our protections for staff while striving to provide first contactless parade event “Honks for excellent customer service. Hugs” to recognize the class of 2020 seniors and healthcare workers for their dedication Becoming Self-Sufficient and sacrifice to their commitments. The City purchased fuel tanks to better D O W N T O W N R E V I TA L I Z AT I O N predict and control costs during this unstable Between June and August of 2020, the City economic time. Staff purchased generators established five free COVID-19 testing clinics and cleaning supplies that were needed to in partnership with the National Guard, testing Increase Tourism maintain operations while external services nearly 1,000 people from Glenn Heights and temporarily shut down or decreased item surrounding communities. Create a Vibrant Atmosphere production. Self-contained breathing Stimulate Retail apparatuses (SCBA) with voice amplification Establishing Protections for Staff personal protective equipment were Within two weeks of the pandemic’s onset, Create a Sense of Place purchased and distributed to all frontline all city staff were placed on alternating work employees including the police, fire, and schedules and were given virtual access to Boost Tax Revenue public works staff. necessary systems. While city facilities were closed to the public, virtual platforms such as Recognizing that just one COVID-19 infection WhatsApp and Zoom were utilized to allow could cripple operations, a moratorium was the public to engage with staff. These virtual placed on vacation leave and secondary methods have helped expand our connection CIVIL employment for four months. These measures with residents, neighbors, and friends to make LANDSCAPE were taken due to the small staffing size and our response time more efficient. SURVEY the prioritization on serving the customers FIND US HERE within the City. 817.412.7155 | pkce.com TEXAS TOWN & CITY • 15 • M AY 2 0 2 1
and the former deputy city manager. Notable completed projects include the approval of the 2020-2021 budget, construction and paving of city-owned parking lots, major water and street repairs in one of our established neighborhoods, and continuation of the City Center Project. As 2020 ended and 2021 kicked-off, the City faced political instability as two City Council members unexpectedly resigned, and two separate elections had to be held in November and February to fulfill the duration of their terms. Providing Additional Care for the Community and Staff In January 2021, the City instituted a smart water meter reader program to reduce employee contact, improve water reading efficiency, and reduce staff time spent collecting information. On January 5, 2021, to encourage, support, and incentivize staff to consider getting vaccinated, the City authorized a temporary policy to make a limited paid personal leave available to qualifying employees who suffered adverse reactions to the COVID-19 vaccine. Additionally, the City of Glenn Heights became an authorized vaccine provider. Over the course of the past two years, the Office of Community Engagement sought opportunities to diversify and increase community partnerships with local churches, non-profits, and various social service providers to increase opportunities to assist residents in need. In addition, this critical time allowed us to build and disseminate various educational materials that have On April 7, 2020, city officials approved 80 hours of paid work time been issued both digitally, as well as, through hard copies and for staff to recover from COVID-19 if infected. This swift action was billboards. implemented prior to the similar federal mandate. Navigating the 2021 Winter Storm On April 13, 2020, the City of Glenn Heights became the first city in Immediately following the second council election within four the North Texas region to offer hazard pay to essential staff. months, Glenn Heights weathered the winter weather storm with leadership and essential staff members staying onsite for five Managing Unexpected Loss consecutive days to ensure that emergency operations were able While implementing strategic work plans and navigating the to be addressed in a minimal response time. pandemic, Deputy City Manager Brian Lockley passed away unexpectedly. He was an integral part of developing and driving During the winter storm, staff produced and posted over 306 change management executions and led the planning and pieces of original content across all city-owned channels to keep development operations for the City. His loss not only impacted residents weather aware. Public works staff rented an apparatus staff, but the effects reverberated throughout the community, as to keep arterial roads free and clear of snow while also managing plans and projects were temporarily halted to pay respect and all water issues and emergency shut offs. allow staff to redistribute work. Our town, like many other cities across the state, was impacted Senior staff filled the role of deputy city manager in November by low water pressure and a lack of water flow to homes and 2020 and continued to advance plans laid out by City Manager Hall businesses in addition to rolling power outages. We managed TEXAS TOWN & CITY • 16 • M AY 2 0 2 1
this crisis by providing constant updates via social • A new City Center Municipal Complex development scheduled to open first media, the emergency notification text and email quarter 2022 system, and hosted our most viewed “Chat with • An addition of an all-abilities park which will be housed inside the new City the Mayor” Facebook Live event to allow residents Center Complex to ask questions and receive direct answers from • Approval and construction of the City’s first mixed-use development our city officials. • Thousands of housing units under development throughout the City • New retail growth along one of the City’s recently reconstructed major arterials Leadership also made accommodations to assist with social services during this time. The City put By pivoting communications and operations plans, we were able to increase up warming centers/shelters in partnership with City services to assist residents and further expanded the #GrowWithGlennHeights three local churches, and provided shelf-stable communications executions. These efforts brought us closer as a community meals for all senior citizens enrolled in the Senior when the virus forced us to physically separate. Congregate Meals Program. Lastly, non-potable water was distributed to assist residents with The City of Glenn Heights’ staff and residents have shown the resolve to adjust plumbing and personal hygiene, and over 20 and adapt during constant uncertainty. Through these efforts over the past two pallets of bottled water were given to citizens to years, we hope to convey that Glenn Heights has thrived while continuing to help during an issued boil-water notice. provide excellent citizen-centered services to our community. “Grow with Glenn Heights” is not just a tag-line, but a mindset. Since pivot strategies were in place by the time the winter storm occurred, our small staff of 82 Learn more about our City by visiting glennheightstx.gov. H personnel was able to navigate this crisis within the pandemic. Continuing to Grow The While many businesses and cities were brought to a screeching halt due to the economic impacts of the pandemic, not having a large retail base – which Right is normally viewed as a disadvantage – became an advantage. It allowed us to continue growing, expand services and communication efforts, and Reports. increase outreach opportunities to residents in need. Because of our clear, concise, and constant communications efforts, we have seen an increase Right Now. in media coverage, in issued permits, and have had record sales tax come into the City. Even with setbacks caused by the pandemic and the 2021 winter storm, construction development has continued, layoffs were not necessary, step raises To get your FREE CenterPoint ® for staff were issued in addition to hazard pay, and Fund Accounting minimal operations impacts were felt by customers. and Payroll Software guide visit: In 2021, the City of Glenn Heights is poised to keep www.csasoftwaresolutions.com/fundaccounting growing exponentially, adding resources that will Distributed By continue to set us apart from our neighbors and give us more unique branding opportunities. These key wins include: www.csasoftwaresolutions.com • 800.264.4465 TEXAS TOWN & CITY • 17 • M AY 2 0 2 1
LEGAL H Q&A By Amber McKeon-Mueller TML Legal Counsel Q Who supplies water to cities? A Yes. However, all IOUs that serve customers within a city must obtain approval from the city council to change A There are three main types of water suppliers in Texas. rates. Tex. Water Code § 13.042(a). The first type is a public utility, which is also referred to as an investor owned utility (IOU). Although referred to as a “public” utility, IOUs are actually for-profit entities owned Q How does a Class A IOU change water rates within or operated by a person, corporation, or a combination of a city? persons and entities. An IOU is created in compliance with the Texas Business Organizations Code and the governing body depends on the type of entity created by the IOU. A The Class A IOU first must deliver a statement of intent to change rates to each affected customer in the city and Water supply corporations (WSCs) are the second type the city as the regulatory authority at least 35 days before of water supplier. These are non-profit, member-owned the effective date of the proposed change. Tex. Water and controlled corporations with membership-elected Code § 13.187(a-1). The effective date of the new rates boards. A WSC is created when three or more individuals must be the first day of a billing period. Id. The statement make an application to become a private corporation with of intent must include: (1) the information required by the the secretary of state. The third type of water supplier city’s rules; (2) a billing comparison regarding the existing is a political subdivision, which includes counties, water water rate and the new water rate computed for the use of: districts, and cities. A city-owned utility is sometimes (a) 5,000 gallons of water and (b) 10,000 gallons of water; referred to as a “municipally owned utility” or MOU. These (3) a billing comparison regarding the existing sewer rate are governed by elected boards, councils, or commissions. and the new sewer rate computed for the use of 5,000 gallons, unless the utility proposes a flat rate for sewer Q What types of IOUs are there? services; and (4) a description of the process by which a ratepayer may intervene in the ratemaking process. Id. After the IOU delivers notice to customers, the IOU files an A Texas law divides IOUs into four categories based on application with the city to change rates. Id. § 13.187(c). the number of taps or connections: (1) Class A utilities; (2) If the application or the statement of intent is not Class B utilities; (3) Class C utilities; and (4) Class D utilities. substantially complete or does not comply with the city’s A Class A utility is a public utility that provides retail water rules, it may be rejected and the effective date of the rate or sewer utility service through 10,000 or more taps or change may be suspended until a properly completed connections. Tex. Water Code § 13.002(4-a). A Class B utility application is accepted by the city and a proper statement provides retail water or sewer utility service through 2,300 of intent is provided. Id. § 13.187(d). After written notice to the or more taps or connections but fewer than 10,000 taps or IOU, the city council may suspend the effective date of the connections. Id. § 13.002(4-b). A Class C utility provides retail rate change for not more than 90 days from the proposed water or sewer utility service through 500 or more taps or effective rate. Id. § 13.187(d-1). The city must make a final connections but fewer than 2,300 taps or connections. Id. determination on the proposed rate before the expiration § 13.002(4-c). Finally, a Class D utility provides retail water of the applicable suspension period, or the proposed rate or sewer utility service through fewer than 500 taps or shall be considered approved. Id. connections. Id. § 13.002(4-d). The city council must begin a hearing to determine the Q Can an IOU change retail water rates within a city? propriety of the rate change not later than the 30th day after the effective date of the change. Id. § 13.187(f). The TEXAS TOWN & CITY • 18 • M AY 2 0 2 1
hearing may be informal. Id. § 13.187(g). At the public hearing, the city’s staff or hired consultants can present Q How do Class B and Class C utilities change water findings and make recommendations. The utility may rates within a city? also present its position. Council takes no action during this hearing. After the hearing, city staff and attorneys usually prepare a proposed rate ordinance to present to A Class B utilities and Class C utilities use the same process. Tex. Water Code §§ 13.1871, 13.18715. For these the council. Council approves, modifies, or denies the utilities, the IOU first must deliver a statement of intent proposed rate ordinance. to change rates to each affected customer in the city If, after the hearing, the city council finds the rates currently and the city as the regulatory authority at least 35 days being charged or those proposed to be charged are before the effective date of the proposed change. Id. § unreasonable or in violation of law, the council determines 13.1875(b). The effective date of the new rates must be the rates to be charged by the utility and fixes the rates by the first day of a billing period. Id. The statement of intent order served on the utility. Id. § 13.187(h). must include: (1) the information required by the city’s rules; (2) a billing comparison regarding the existing water rate If a Class A utility wants to appeal the city council’s and the new water rate computed for the use of: (a) 5,000 decision, it must file a petition for review with the Public gallons of water and (b) 10,000 gallons of water; (3) a billing Utility Commission (PUC) within 30 days after the date of comparison regarding the existing sewer rate and the new notice of final decision. Id. § 13.043(a). The Class A utility sewer rate computed for the use of 5,000 gallons, unless must also serve copies of the petition on all parties to the the utility proposes a flat rate for sewer services; and (4) a original rate proceeding. Id. description of the process by which a ratepayer may file a complaint. Id. After the notice is delivered to customers, the utility files an application with the city to change rates. Id. § 13.1871(d). Delinquent Tax Collections Fines/Fees, A/R, Higher Education Collections Appraisal District Representation Bankruptcy Representation Minerals Department Property Value Study, Taxable Value Audit Truth-in-Taxation 800-369-9000 MVBALAW.COM McCreary Veselka Bragg & Allen P.C. Attorneys at Law TEXAS TOWN & CITY • 19 • M AY 2 0 2 1
If the application or the statement of intent is not substantially a hearing. Tex. Water Code § 13.1872(e). To do this, the PUC complete or does not comply with the city’s rules, it may rules allow a Class D utility to file an application with the PUC be rejected and the effective date of the rate change may to request an increase to its tariffed monthly fixed customer be suspended for not more than 90 days until the utility or meter charges and monthly gallonage charges by no more submits a properly completed application and statement of than five percent. 16 Tex. Admin. Code § 24.49(c). A city has intent. Id. § 13.1871(e)-(f). The city council must make a final no role in the procedure under the PUC rules for the Class D determination on the proposed rate before the expiration utility’s rates. of the applicable suspension period, or the proposed rate However, a Class D utility may only adjust its rates under shall be considered approved. Id. § 13.1871(f). the PUC rules not more than once each calendar year and The city council may set the matter for hearing on its own not more than four times between rate proceedings that motion at any time within 120 days after the effective date comply with the proceedings for a Class B and Class C of the rate change. Id. § 13.1871(k). The utility shall mail utility outlined above. Id. § 24.49(f). notice of the hearing to each ratepayer before the hearing. Id. § 13.1871(n). The notice must include a description of the process by which a ratepayer may intervene in the Q How does a WSC change retail water rates? ratemaking proceeding. Id. Council shall set the matter for hearing if the council receives a complaint from the lesser of 1,000 or ten percent of the ratepayers before the 91st day A A WSC is controlled by a board of directors elected by the members or shareholders of the WSC. Tex. Water Code after the effective date of the rate change. Id. § 13.1871(i). At § 67.0054. This board may vote to change the water rates. the public hearing, the city’s staff or hired consultants can Affected customers may appeal the rate change to the present findings and make recommendations. The utility PUC. Tex. Water Code § 13.043. An appeal must be initiated may also present its position. Council takes no action during within 90 days after the effective date of the rate change. 16 this hearing. After the hearing, city staff and attorneys Tex. Admin. Code § 24.101(b). usually prepare a proposed rate ordinance to present to the council. Council approves, modifies, or denies the proposed rate ordinance. Q How does a city-owned utility change retail water If, after the hearing, the city council finds the rates currently rates? being charged or those proposed to be charged are unreasonable or in violation of law, the council determines the rates to be charged by the utility and fixes the rates by A The city council sets rates that generally cover reasonable operating and maintenance costs, a reserve order served on the utility. Id. § 13.1871(o). fund, and any loan or bond debt service expenses. In any If a Class B or Class C utility wants to appeal the city case, the rates set must be “fair, just, and reasonable.” council’s decision, it must file a petition for review with the Tex. Water Code § 13.042. State law provides no specific PUC within 90 days after the date of notice of final decision. procedures that a city must follow to increase rates within Id. § 13.043(a). The utility must also serve copies of the the city’s limits. A city is permitted to operate and regulate petition on all parties to the original rate proceeding. Id. the utility in a manner that protects the interests of the city. Tex. Loc. Gov’t Code § 552.001. Q How does a Class D utility change water rates within If the utility provides service to customers outside the city limits, the city must provide individual written notice of a city? rate change to each of these customers. Tex. Water Code § 13.043(i). The city has 60 days after the date of the final A A Class D utility may change its rates in the same process decision on a rate change to send notice. Id. The notice as a Class B utility or Class C utility detailed above. Additionally, must include, at a minimum, the effective date of the new a Class D utility may receive an annual rate adjustment without rates, the new rates, and the location where additional TEXAS TOWN & CITY • 20 • M AY 2 0 2 1
information on rates can be obtained. Id. The governing body of a municipally owned utility or a political subdivision A A CCN is a state-issued monopoly for a specific may provide the notice electronically if the utility or political geographic area. A CCN preserves a customer base for a subdivision has access to a ratepayer’s e-mail address. Id. utility in order to encourage the service provider to make large capital expenditures for the infrastructure necessary Customers outside the city may appeal the rate changes to to provide quality service. The PUC issues this certificate. the PUC. Tex. Water Code § 13.043(b)(3). After the city council The CCN obligates the utility to provide continuous and passes an ordinance setting the rates, those affected adequate service to every customer that requests service customers have 90 days from the effective date of the rate in that area. change to file a petition with the PUC. 16 Tex. Admin. Code § 24.101(b). The petition must be signed by the lesser of 10,000 or ten percent of the ratepayers whose rates have been changed and who are eligible to appeal (ratepayers Q Which water suppliers must obtain a certificate of convenience and necessity (CCN)? residing outside the corporate limits of the city). Id. The petition must contain for each signatory, among other things: (1) a clear and concise statement that the petition A A CCN is required for an IOU, WSC, and a county district is an appeal of a specific rate action of the city water or within 50 miles of the United States-Mexico border. A sewer service supplier as well as a concise description and CCN is not required for water utilities run by other political date of that rate action; (2) the effective date of the decision subdivisions (including cities), unless they want to serve in being appealed; and (3) the basis of the request for review areas where service is already being lawfully provided by of rates. 16 Tex. Admin. Code § 24.103(a). another utility. Tex. Water Code § 13.242. Customers inside the city may not appeal changed water rates. Excellence in Engineering Q Is a city-owned water utility required to provide Since 1946 service to residents outside of city limits? A As a general rule, a city has no duty to provide water service outside its boundaries. City of Livingston v. Wilson, 310 S.W.2d 569 (Tex. Civ. App.—Beaumont 1958, writ ref’d n.r.e.). There are circumstances, however, where the city will have the duty to provide service. If a city decides to Photo Courtesy of: PB Equipment, Inc. provide service to one or more customers outside of city Wastewater Treatment Plant limits, then the city has a duty to provide service to other Sealy, TX nonresidents who are similarly situated. City of El Paso v. State Line, Inc., 570 S.W.2d 409 (Tex. Civ. App.—El Paso 1978 writ ref’d n.r.e.). Additionally, a city that holds a certificate of convenience and necessity (CCN) is generally required to serve every customer within the certified area, which may include any area outside its city boundaries. Tex. Water Code § 13.250. www.strand.com Q What is a certificate of convenience and necessity 10 Locations • 979-836-7937 or CCN? Multidisciplinary firm serving the public and private sector TEXAS TOWN & CITY • 21 • M AY 2 0 2 1
Q How does a water utility obtain a CCN? Q May a city require customers to pay a mandatory fee unrelated to water service on their water bill? A A water utility must submit an application for a CCN to the PUC. The instructions for an application to obtain A No. The Attorney General concluded that imposing an or amend a CCN are available on the PUC’s website at additional fee on water bills to fund the police department https://www.puc.texas.gov/industry/water/forms/CCN_ was an unconstitutional tax. Tex. Att’y Gen. Op. No. JM-338 Form_PFA.pdf. (1985). The attorney general came to the same conclusion regarding a mandatory fee used to fund volunteer fire Q What happens if a city-owned utility with a CCN fighting services. Tex. Att’y Gen. Op. No. GA-0084 (2003) at 9-10. Any fee imposed for the purpose of raising revenue annexes land? is considered a tax. General law cities have no inherent power to tax. A general law city may only impose a tax if the A A city’s CCN does not automatically change when legislature has specifically bestowed this power through statute. A home rule city also needs authority to impose the city makes changes to its corporate or extraterritorial boundaries. The city must file a new application to have a tax, either by its charter or by statute. Anderson v. City of these boundary changes included in the CCN. San Antonio, 67 S.W.2d 1036 (Tex. 1934). The attorney general also concluded that a general- Q May a city provide service to a customer located in law city does not have authority to use the water bill to collect dues on behalf of a homeowners association another utility’s CCN? (HOA). Tex. Att’y Gen. Op. No. KP-0171 (2017). The attorney general found that “HOA dues are unrelated to the City’s A Only if expressly permitted by the PUC. A CCN gives a provision of utility services or any other municipal function or purpose, but instead are to be used for the direct benefit utility an exclusive right to serve the customer base located of individual property owners.” in the area covered by a CCN. However, there are ways to take CCN territory from other entities or to achieve dual A city may, however, request that its customers make a certification. The PUC may revoke or amend any CCN if it voluntary contribution via their water bill. For example, the finds that the certificate holder has never provided, is no water bill for some cities gives customers the opportunity longer providing, is incapable of providing, or has failed to to donate to the city’s animal shelter or a customer provide continuous and adequate service in the area, or assistance fund to help city residents who are unable to part of the area, covered by the certificate; or the certificate pay their utility bill due to unexpected emergencies. H holder agrees to allow another retail public utility to provide service within its service area. Tex. Water Code § 13.254(a). Q May a city decide to discontinue providing water to a customer in its ETJ? A Yes. However, a city must provide reasonable notice of its intention to do so. City of Livingston v. Wilson, 310 S.W.2d 569 (Tex. Civ. App.—Beaumont 1958, writ ref’d n.r.e.). A city must generally continue providing water if the area is part of the city’s CCN or the city is under a contractual duty to serve the customer. TEXAS TOWN & CITY • 22 • M AY 2 0 2 1
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