TEXAS TOURISM - OFFICIAL PUBLICATION OF THE TEXAS MUNICIPAL LEAGUE
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OFFICIAL PUBLICATION OF THE TEXAS MUNICIPAL LEAGUE APRIL 19 VOLUME CVI NUMBER 4 TEXAS TOURISM TEXAS TOWN & CITY • 1 • APRIL 2019
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CONTENTS H FEATURES Official Publication of the Texas Municipal League. 14 30 2019 Annual TML Taxation and Debt Upping Your Public Relations This publication assumes no responsibility Survey Results Are Available Game in 2019 for statements made by contributors in signed articles. It is not operated for 16 32 pecuniary gain. Elected Officials: Get the Recognition Create Community Advocates You Deserve Through Education Editor Christina Corrigan Creative Manager Jennifer Stamps 22 34 Designer Will Bowling Tourism Supports Cities’ Growth, Giving Fifty Years of Traveling Texas Advertising Sales Gray Bulman Back in Texas Hill Country River Region Printing Publication Printers Corp. 38 24 The Rebranding of Mesquite as Texas Town & City (ISSN 1084-5356) is Nature-Based Tourism: Using Mother a Tourist Destination published monthly except October for $30 Nature to Create Economic Impact per year ($3.00 per single copy) by the 28 Texas Municipal League, 1821 Rutherford Partners in Recreation Lane, Suite 400, Austin, Texas 78754-5101. Periodicals Postage Paid at Austin, Texas and additional mailing offices. POSTMASTER: Send address changes to Texas Town & City, CONTENTS H IN EACH ISSUE 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5101. Section 305.027, Government Code, requires legislative advertising to disclose certain 5 12 information. Message from the President Small Cities’ Corner A person who knowingly enters into a 6 18 contract or other agreement to print, publish, TML News Legal Q&A or broadcast legislative advertising that does not contain the required information 8 40 commits a Class A misdemeanor offense. Risk Pool News Career Builder Texas Town & City contains material which is legislative advertising as defined by law in 10 42 the state of Texas. City Lights Instagram Highlights Mr. Bennett Sandlin has entered into an agreement with Publication Printers Corp. for the printing of Texas Town & City magazine. Mr. Sandlin represents the member cities of the Texas Municipal ABOUT THE COVER League. You don’t need to go far to experience all of nature’s beauty. From natural forests to tranquil lakes, Texas has it all. TEXAS TOWN & CITY • 3 • APRIL 2019
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 AFFILIATE DIRECTORS John B. Love III, CMO, Mayor Pro Tem, Daphne Tenorio, Councilmember, Kim Sutter, City Secretary, Euless has remained the same: to serve the needs Kyle Texas Municipal Clerks Association, Inc. Midland and advocate the interests of its members. Association of Hispanic Municipal Membership in the League is voluntary Officials Tadd Phillips, Human Resources PRESIDENT-ELECT Director, Georgetown and is open to any city in Texas. From the Eddie Daffern, CMO, Mayor, Staples Kurt Kasson, Building Official/Assistant Texas Municipal Human Resources original 14 members, TML’s membership has Director, Allen Association grown to more than 1,150 cities. Over 16,000 PAST PRESIDENTS Building Officials Association of Texas Holly Gray-Moore, CMO, Mayor Pro Maria Redburn, Library Director, Bedford mayors, councilmembers, city managers, Michael Rodgers, Director of Finance Texas Municipal Library Directors Tem, City of Roanoke city attorneys, and department heads are and Administration, Webster Association Mary M. Dennis, CMO, Mayor, Live Oak member officials of the League by virtue of Government Finance Officers Jungus Jordan, Councilmember, Association of Texas Scott T. Williams, Director of Public their cities’participation. Fort Worth Works, Red Oak Leonard Reed, CMO, Mayor, Willis Robin Mouton, CMO, Councilmember, Texas Municipal Utilities Association The League provides a variety of services Henry Wilson, Mayor, Hurst Beaumont Texas Association of Black City Council Brian Frieda, Chief of Police, Sweetwater to its member cities. One of the principal Terry Henley, Mayor Pro Tem, Texas Police Chiefs Association Members purposes of the League is to advocate Meadows Place municipal interests at the state and federal Beth Ann Unger, Information Services Sabrina Schmidt, Purchasing DIRECTORS-AT-LARGE Manager, Frisco Supervisor, Pflugerville levels. Among the thousands of bills Texas Public Purchasing Association Kathryn Wilemon, Councilmember, Texas Association of Governmental introduced during each session of the Texas Information Technology Managers Arlington R. Alan Shubert, Vice President, Legislature are hundreds of bills that would Steve Adler, Mayor, Austin David Rutledge, CMO, Operations and Technical Services, affect cities. The League, working through its El Paso Water Joe McComb, Mayor, Corpus Christi Mayor, Bridge City Legislative Services Department, attempts Mike Rawlings, Mayor, Dallas Texas Association of Mayors, Texas Public Works Association to defeat detrimental city-related bills Dee Margo, Mayor, El Paso Councilmembers and Commissioners Jeff White, Recreation and Senior and to facilitate the passage of legislation Betsy Price, Mayor, Fort Worth Steve Killen, Director of Code Services Administrator, Abilene designed to improve the ability of municipal Martha Castex-Tatum, Councilmember, Compliance, Garland Texas Recreation and Park Society governments to operate effectively. Houston Texas Association of Municipal Health Ron Nirenberg, Mayor, San Antonio Officials EX-OFFICIO NON-VOTING INVITED The League employs full-time attorneys who Belinda Willis, Director of REPRESENTATIVES are available to provide member cities with REGIONAL DIRECTORS Communications and Marketing, TML Intergovernmental Risk Pool 2-Doyle Robinson, Mayor, Panhandle Mansfield Mary Gauer, Harker Heights information on municipal legal matters. On a 3-Lynn Nowlin, Mayor Pro Tem, Slaton Texas Association of Municipal daily basis, the legal staff responds to member Information Officers TML MultiState Intergovernmental 4-Raul J. Marquez, Mayor Pro Tem, cities’ written and oral questions on a wide Employee Benefits Pool Big Spring Christopher J. Looney, Planning and variety of legal matters. The League annually 5-Sherrie Williams, Mayor Pro Tem, Eddie Edwards, City Manager, Borger Community Development Director, conducts a variety of conferences and Iowa Park New Braunfels training seminars to enhance the knowledge 6-Stephen Haynes, Mayor, Brownwood Texas Chapter of the American Planning Association and skills of municipal officials in the state. In 7-Suzanne de Leon, CMO, Mayor, addition, the League also publishes a variety Balcones Heights Marcus Norris, Deputy City Attorney, of printed materials to assist member cities 8-Jim Griffin, Mayor, Bedford Amarillo 9-Edward A. Passalugo, Mayor, Hewitt Texas City Attorneys Association in performing their duties. The best known of these is the League’s monthly magazine, 10-Connie Schroeder, Mayor, Bastrop Kelly Kuenstler, City Manager, 11-Patrick R. Rios, CMO, Mayor, Rockport Texas Town & City. Each issue focuses on a Leon Valley 12-Ramiro J. Rodriguez Jr., Mayor, Texas City Management Association variety of contemporary municipal issues, Palmhurst including survey results to respond to Landra Solansky, Municipal Court 13-Karen Hunt, Mayor, Coppell member inquiries. 14-Tamara Young-Hector, CMO, Administrator, Seguin Texas Court Clerks Association Councilmember, Willis For additional information on any of 15-Shelley Brophy, Mayor, Nacogdoches Jimmy Chew, Fire Chief, Stephenville these services, contact the 16-W.L. Pate Jr., CMO, Councilmember, Texas Fire Chiefs Association Texas Municipal League at 512-231-7400 Beaumont or visit our website, www.tml.org. TEXAS TOWN & CITY • 4 APRIL 2019
MESSAGE H FROM THE PRESIDENT JOHN B. LOVE III, CMO MAYOR PRO TEM CITY OF MIDLAND Dear Texas City Official, This month’s focus on tourism has me very excited. In my travels around the State as your President-Elect and now as your President, I’ve felt almost like a tourist getting to experience all the great things Texas cities have to offer. I’ve been impressed! Without exception I have felt welcomed and valued. Making tourists feel welcome doesn’t happen by accident. Lots of strategy and planning go into making different towns and locations attractive to those who want to visit and generate those much-needed sales tax dollars. As great as the 1,215 Texas cities are on their own, it takes a little extra effort to get those tourists to come to your town in particular. No one, after all, will have near the time to visit them all! In this issue, you’ll learn about some of the strategies you can pursue to put your popular desti- nations and hospitality over the top in the tourist world. Cities don’t do that alone—they partner with convention and visitor bureaus, chambers, hotels, and countless other groups to present a seamless picture of local hospitality. We do that in Midland, and I hope you’ll come visit us soon! John B. Love III, CMO Mayor Pro Tem City of Midland TML President TEXAS TOWN & CITY • 5 • APRIL 2019
TML H NEWS Submit Your TML Exhibitor Booth Sales for Municipal Excellence TML Annual Conference Award Application Opens This Month The TML Municipal Excellence Awards have been cele- The 2019 TML Annual Conference and Exhibition will be brating and inspiring municipal excellence and innovation held October 9-11 at the Henry B. Gonzalez Convention for more than 25 years. The competition is divided into Center in San Antonio. Information about the exhibition, two population categories – cities under 25,000 and cities booth rates, sponsorship opportunities, and more are over 25,000. Within each of the two population categories, available online at www.tmlexhibits.org. On April 2, booth there are five subject categories which include city spirit, sales opened exclusively to TML associate members. communication programs, management innovations, public General booth sales will begin on April 16 at 10:00 a.m. safety, and public works. The TML Annual Conference and Exhibition is the Texas The deadline to submit applications is June 7, but there is Municipal League’s signature event and attracts an aver- no time like the present to check out our online application age of 3,000 participants from more than 300 Texas towns system. Details about the award categories, the applica- and cities, making it one of the nation’s largest gatherings tion process, and a link to the application website can be of local government leaders. Attendee conference regis- found on the TML Municipal Excellence Awards page at tration and housing will open mid-July. H www.tml.org under “Resources” and then “Municipal Excellence Awards.” TML TRAINING CALENDAR APRIL-MAY April 11 May 9 Legislative Status Report #2: Be Heard at the Capitol Legislative Status Report #3: Webinar What to Expect in the Final Days Webinar April 14-16 Government Finance Officers Association of Texas May 15-17 Spring Institute Texas Municipal Human Resources Association Austin Annual Conference Marble Falls May 1 TML Hometown Workshop: Your Legal and Ethical May 16-17 Role as a Community Leader TML Small Town Conference Hurst Granbury May 2-3 May 22-24 TML Grant Writing for Municipal Programs and Projects TML Leadership Academy – Course Two Hurst Georgetown TEXAS TOWN & CITY • 6 APRIL 2019
Is the sky really falling? No! But those electricity sales reps knocking at your City Hall door sure want you to believe it is! Why? Because holding fear of impending doom over your head is meant to sucker you into a costly long-term contract. Yet, energy market trends show supplies growing and prices remaining favorable years forward. So, why not contact TCAP for a calm, rational, appraisal of your options. Who are we? TCAP is Texas’ only by-cities- for-cities aggregator of electricity — the only entity of its kind the state allows to buy at wholesale from the market. No profit motive. No hidden gotchas. No flim-flam. WE’RE NOT SALESPEOPLE. WE’RE YOUR PEOPLE! tcaptx.com 972 764 -3136
RISK POOL H NEWS AVOIDING COVERAGE limits for coverages that have a potential for more severe outcomes. PITFALLS The policy then gets a little trickier to compare when look- “In the world of insurance, it’s almost always apples to or- ing at what is actually covered, as well as what is excluded. anges.” For example, are the defense costs covered inside or out- side of the limits? If the defense costs are inside the limits It is easy to apply your personal insurance experience to your of liability, there may be little left for the actual judgement. expectations as a commercial consumer. Many of us have Many times, the most expensive part of the claim is the de- purchased a homeowners policy only to find out the initial fense costs. price was fleeting and the coverage was not as advertised. How can you ensure you are protecting your entity and en- Another question to ask when comparing policies is whether suring long-term stability of cost? Unfortunately, purchas- it is occurrence based or claims made. This can have a huge ing insurance is not a straightforward transaction and often impact on whether a claim is covered, as well as future costs consumers pay the price when it is time to have their claim associated with that coverage. Occurrence based coverage paid. In this article, several “pitfalls” are discussed to help simply means the claim must occur during the coverage you make educated decisions related to your coverage. period for coverage to apply. In a claims made policy, the occurrence date is irrelevant; coverage hinges on whether What You Don’t Know Often the claim is made during the coverage period. So if a claim Will Hurt You occurs during the coverage period, but the claim is not filed until after the coverage period and the entity has moved In a conversation with an entity that had property cover- coverage to a different insurer, the insured would have no age with a well-known commercial insurance carrier, it was protection. The solution to this problem is to purchase “tail” learned that they had suffered a $30,000 dollar theft claim. coverage, which can be quite expensive, often eroding any Unfortunately, the insurance carrier denied the claim be- cost savings. cause they had a local alarm and not a central alarm. Un- like a license agreement for an application for your smart Another common pitfall is ignoring accompanying endorse- phone, the fine print matters with your coverage. It is vitally ments. An endorsement can enhance or restrict coverage, important to read the policy, paying particular attention to so it is extremely important to review and understand any the exclusions and endorsements, so that you don’t pay a endorsements attached to the policy. For example, a decla- little just to wind up paying a lot later on during a claim. The rations page might show a limit of $1 million per occurrence, following outlines some of the more important coverage but have an endorsement that actually decreases the lim- pitfalls to look for when comparing policies. its in certain circumstances. One such endorsement is the “statutory cap limits” endorsement. This endorsement re- Limits and Deductibles duces the limits shown on the declaration page to statutory cap limits if a claim is subject to Texas’ statutory caps on The easiest components of a policy to compare are limits damages for governmental tort liability. This could be espe- and deductibles. But it’s not as simple as the lowest de- cially problematic when trying to settle a claim. ductible or the highest limit. The consumer is tasked with assessing the “sweet spot” for a deductible on a particular Finally, a consumer should carefully read the fine print. Will line of coverage. Part of that equation is determining the you be subject to an audit that could substantially raise the entity’s appetite for risk and reviewing the entity’s claims initial pricing? Are you getting full replacement cost cov- history. For example, if claims are infrequent for a partic- erage for all property? Is flood included on all properties, ular line of coverage, then it might make sense to have a or only those not in flood prone areas? Are your adjusters higher deductible, thus saving money on the cost side. The and attorneys familiar with Texas laws or are they located commercial market may try to convince a city that it needs outside of Texas? higher limits through an umbrella policy. But the reality is that due to state tort caps, a city has many protections in Still Confused? place that limits the amount it can be held liable for. Instead If you need help, give us a call at 512-491-2371. We were of purchasing an umbrella, a city can simply choose higher created by local governments and are here to serve. H TEXAS TOWN & CITY • 8 APRIL 2019
CITY H LIGHTS Burleson Babies Get a Jump Start Bringing a new bundle of joy into the world can be the most rewarding experience. It can also feel overwhelm- ing – you suddenly have a cute baby to take care of and knowing where to start is sometimes the hardest part. The City of Burleson has cre- ated a way to help new fami- lies get a head start. The City and Be Healthy Burleson created a program called Burleson Babies. Each family that delivers a baby at the Texas Health Huguley Fort Worth South Hospital receives a gift bag. Families that delivered at a different hospital, adopted, or had a homebirth can apply online to have a gift bag mailed to them. Volunteers Participate in The gift bag contains goodies from all over the communi- Tree Planting Competition ty, including a Burleson onesie, rubber duckie toy, Chick- Fil-A plush cow and catering trays, HEB curbside pickup, Trees and urban forestry are beneficial for cities. They can and various fitness passes. The gift bag also contains conserve energy when strategically planted near buildings, important informational pamphlets about water safety increase property values, become a natural wildlife habitat, prevention, child abuse prevention, and nutrition and and improve air quality. Studies are also showing that the safety education. more time people spend outside with nature, the happier and healthier they are. “I am so thankful for all of our amazing community part- ners that made these gift bags so special as well as Texas When citizens in the City of Missouri City were given the Health Resources for partnering with us to make this proj- opportunity to volunteer at a tree planting competition, ect possible,” said Lisa Poteete, City of Burleson Commu- they didn’t hesitate. Nearly 150 volunteers in Missouri City nity Initiatives and Special Projects Manager. “I appreciate participated in the 12th Annual Tree Planting Competition all of the postpartum nurses who will be delivering these in February. The event was hosted by the Houston Area bags throughout the year to their Burleson patients, and Urban Forestry Council in partnership with the City of Mis- I look forward to working with the Be Healthy Burleson souri City, CenterPoint Energy, Trees for Houston, Texas board of directors to execute this project for years to A&M Forest Service, and Living Earth. come.” The volunteers were grouped into teams and each To learn more about the program, visit the website at team was challenged with planting 100 trees. A total of www.behealthyburleson.com/burleson-babies. 1,500 trees were planted at Buffalo Run Park during the competition. H TEXAS TOWN & CITY • 10 APRIL 2019
SMALL CITIES’ H CORNER GRASSROOTS EFFORT BUILDS A MEMORIAL TO HEROES By Bethany Warner, CPC Public Information Officer, City of Granbury In a quiet corner near downtown Granbury, you will find Me- Supporters of the project grew quickly to include Granbury morial Lane, a beautiful and solemn park dedicated to all elected officials, the county judge and commissioners, and service members. Every step it took to build Memorial Lane state officials. Both Texas Senator Brian Birdwell and Texas is testament to the heroes it honors, and the love that Gran- House Representative Mike Lang expressed their support bury residents have for those who serve. for the project and offered to help in any way possible. Memorial Lane began in the mind and heart of an active and With community and city council support in hand, the real engaged Granbury resident, Julia Pannell. She envisioned a work began. Pannell formed a committee that was a com- park that would honor those who currently serve, those who bination of city staff and Granbury residents who worked have served, and those who have paid the ultimate sacrifice on the planning and fundraising efforts. Over the next 15 while serving their community, state, and country. This cre- months, this committee held a variety of fundraisers that ation would be a place of quiet, respectful beauty. ranged from “just asking” to hosting large, elegant philan- thropic events. The idea was to expand the existing Jim Burks Firefighters Memorial Park, through which the Moments-in-Time Hike The committee raised monetary donations and was suc- and Bike Trail ran. This was the perfect place to start, as the cessful in finding local and area businesses willing to donate Jim Burks Firefighters Memorial Park, dedicated in 2007, their products and services to the vision of Memorial Lane. It features a bronze statue of a lone volunteer firefighter rep- was a combination of efforts from the Parks and Recreation resenting the 100th year celebration of the founding of the Department staff, local vendors, and volunteers who dedi- Granbury Volunteer Fire Department and a red firetruck cated their time and skills which brought the vision to reality. playground. On July 1, 2017, a massive crowd turned out in the rain for The plan was to add additional individual sites to the area the dedication of Memorial Lane, a gift to the community. to represent all military and law enforcement agencies; this Speakers at the dedication meditated on Memorial Lane’s area would be called Memorial Lane. Each site would in- purpose: to honor and remember all those who currently clude statues and designated areas for remembering those serve, have served, and will serve in the military and law en- who had paid the ultimate sacrifice. forcement agencies. Attendees stood in awe of the breath- taking result of many months of hard work. Pannell built her idea for the expansion, vision of the park, and intention for the project to be funded 100 percent Across a walking trail from the existing Jim Burks Firefighters through fundraising efforts within the community. It may Memorial site stands the base of the two new sites that form sound like a lofty goal to achieve a project this large through Memorial Lane. Renowned artist Mike Scovel joined Art and fundraising alone, but anyone who visits Granbury on Vet- Ginny Blevins, who sculpted the firefighter statue from the erans Day, Memorial Day, or Fourth of July can see that the original park, in creating the two one-of-a-kind life-sized community supports those who serve. In fact, community bronze statues that enhance both the new sites. fundraising is how the Jim Burks Firefighters Memorial Park had been funded 10 years earlier. In the law enforcement site, a statue dwells of a young girl called “Tears for the Fallen.” A single tear rolls down her Pannell began by sharing her idea with her community and cheek as she holds the American flag, a law enforcement quickly gained support. After the city council’s unanimous badge, and wears a cross. “Cassidy” looks out across all the approval of the idea, the community celebrated with the sites, remembering those who have paid the ultimate sac- groundbreaking for Memorial Lane on May 16, 2016. rifice. TEXAS TOWN & CITY • 12 APRIL 2019
The military site is enriched with a service dog who is paying In less than a year, Memorial Lane became the setting for homage to the Military Cross. Many days you will find small family gatherings, small weddings, counseling at the new children climbing on “Brindel” the Labrador retriever while pergola, and very successful events such as the July 7th parents explain the story. Texas Fallen Law Enforcement Officer Day, 9/11 Remem- brance Day, Veterans Day Card Collection Project, Nation- At the firefighter site, memorial benches form a new section al Firefighters’ Day, and National Law Enforcement Day. On to remember those who gave their lives while on duty. Memorial Day, Memorial Lane is the site of the Opening Cer- emony for Memorial Day, which ends with all the attendees There are also brick pavers in each of the sites carved with walking arm-in-arm to the Historic Town Square through the names of service members. The pavers can be pur- the park amidst 100 American flags as a drum cadence is chased by anyone to remember or honor someone who has played. served, locally or across America. With Memorial Lane complete, the volunteers formed Nestled among beautiful landscaping is a large three-sec- Friends of Memorial Lane and continue to raise funds when tioned bronze sign that lists all donors who made the project needed, have work days to plant and pull weeds, brainstorm successful. On the ground below is a stone puzzle carved ideas for improvement, and work on expansions. The group with additional names of those who helped in different ways. continues to be self-funded by donations from the commu- All are combined to showcase the teamwork of the commu- nity. It is the team’s goal to always be this way. nity that brought Memorial Lane to life. Granbury is a place “Where Texas History Lives,” and the Down the lane, families can still enjoy the firetruck play- unique and beautiful quality of Memorial Lane makes it a ground area, picnic tables, and benches while also taking place of interest and a real destination for all visitors who advantage of the opportunity to educate children on the come to the community. Memorial Lane is destined to be- service of those honored in Memorial Lane. come a landmark to the future of Granbury. Such places fill The park, with the new addition of Memorial Lane, quickly visitors with pride, joy, sadness, and an extraordinary oppor- has become a favorite place for visitors and locals. Visitors tunity to be in a wonderful space. H to Memorial Lane find comfort for remembrance, joy in hon- oring, and places to sit and just reflect. TEXAS TOWN & CITY • 13 • APRIL 2019
2019 ANNUAL the issuers. The term is synonymous with the term “tax-sup- ported.” TML TAXATION Revenue bonds are special obligations of the issuer (as op- posed to general obligations) that are payable solely from the revenues derived from an income-producing facility. AND DEBT SURVEY Revenue bonds are sometimes further secured by a first RESULTS ARE AVAILABLE mortgage on the physical plant or property whose revenues are pledged. Such bonds are called “first mortgage revenue bonds.” The Texas Municipal League’s annual survey of municipal tax and debt is complete for the 2018-2019 budget year, Certificates of obligation are a financing mechanism a and results are now posted on the Texas Municipal League city may use to pay a contractual obligation incurred in: (1) (TML) website at www.tml.org under “Resources” and then a construction contract; (2) the purchase of materials, sup- “Surveys.” If you have difficulty accessing this information, plies, equipment, machinery, buildings, land, and rights-of- please call the TML office at 512-231-7400. way for authorized needs and purposes; or (3) the payment of professional services, including services provided by tax This year, 587 cities responded to the survey (1,222 surveys appraisers, engineers, architects, attorneys, map makers, were distributed). Please keep in mind that all data in this auditors, financial advisors, and fiscal agents. survey are self-reported, and TML cannot be responsible for errors made by the reporting entities. Tax notes (also called “anticipation notes”) are a debt in- strument that a city may sell to finance the construction of The following information may be helpful when you review public works; to purchase supplies, land, and rights of way the survey results: for public works; to pay for professional services; to pay op- erating expenses; or to pay off cash flow deficits. Tax notes Limitations on Municipal Tax Rates used to pay for public works or professional services must Municipal property tax rates are limited by the Texas Con- mature before the seventh anniversary after the notes are stitution (Article XI, Sections 4 and 5) and state law. Munic- approved by the attorney general. Tax notes used to pay op- ipal tax rate ceilings are as follows: erating expenses or to fund a city’s cumulative cash flow deficit must mature before the first anniversary after the • Cities of 5,000 or less in population (other than Type notes are approved by the attorney general. B general law cities and some Type C general law cities) can levy a maximum tax rate of $1.50 per Tax rate is the rate at which taxes are levied per $100 of as- $100 assessed valuation. sessed valuation. In Texas, the ad valorem tax rate for local governments is expressed in terms of dollars or cents per • Cities over 5,000 in population (other than Type B $100 of assessed valuation. general law cities) can levy up to $2.50 per $100 as- sessed valuation. For a home rule city, a rate lower When viewing the survey results online, the following key than $2.50 per $100 may be prescribed under the to municipal utilities and facilities referenced in the survey city charter. may be helpful: • Type B general law cities can levy a maximum of $0.25 cents per $100 assessed valuation. Key to Municipal Utilities and Facilities • Type C general law cities with a population of 201 to 501 inhabitants may levy a maximum tax rate AM—Auditorium; AP—Airport; C—Cemetery; CE—Civic/ of $0.25 per $100 assessed valuation. Other Type Community Center; DR—Municipal Drainage Utility Fee; E—Electric System; FG—Fairgrounds; GC—Golf Course; C general law cities may levy a maximum tax GS—Gas System; H—Hospital; HR—Boat Harbor; J—Jail; rate according to population as detailed above. L—Library/Museum; LK—Lake; M—Market; MB—Mu- nicipal Building; P—Parking Lot; PH—Public Housing Definitions of Terms Used in the Survey Units; PK—Parks and Recreation; S—Sewer System; SC—Senior Center; SL—Solid Waste Disposal System; General obligation bonds are bonds that are secured by a SP—Swimming Pool; T—Transit Bus System; TB—Toll Bridge; W—Water System; ZO—Zoo; ZZ—Other H pledge of the full faith and credit and the taxing power of TEXAS TOWN & CITY • 14 APRIL 2019
CHAMPAGNE SERVED. ith Palestine is graced w us stately homes, gorgeo exas scenic drives and a T at friendly welcome th offers a true – southern experience one of the top Travel . Destinations in Texas Boots Welcome. VisitPalestine.com 800.659.3484
How do I participate in TMLI? Participation in TMLI is free and easy! Simply send a pro- vided CEU form or agenda by mail to the TML conferences and training department or via email (tmli@tml.org). That’s it! Your CEUs will appear on the TMLI webpage after they are entered. To view your CEUs at any time, go to www.tml.org and click on “Certification for Elected Officials” under the “Education” tab. Click on “Participants” and scroll down to your name. Your CEUs for the training year will be listed under your name. What are the different award levels in TMLI? TMLI offers four levels of yearly recognition, plus two spe- cial award levels for those receiving recognition on a recur- ring annual basis. The yearly levels of recognition include: Certified Municipal Official – An elected official who com- pletes 72 or more CEUs in one calendar year will obtain the designation of certified municipal official. The 72 CEUs must ELECTED include two hours of open government training taken in the current award year (one hour of training on the Open Meet- OFFICIALS: ings Act and one hour of training on the Public Information Act). This training is required by the State of Texas, and proof of training must be provided in the manner of a certificate or GET THE RECOGNITION other documentation. Certificate of Outstanding Accomplishment – An elected YOU DESERVE official who completes 72 or more CEUs in one calendar year will obtain a certificate of outstanding accomplishment. Service as an elected city official is a rewarding and chal- Certificate of Achievement – An elected official who com- lenging job – one that will give you tremendous satisfaction pletes 54 or more CEUs in one calendar year will obtain a knowing that you are helping to make your city, and this great certificate of achievement. state, strong and vibrant. The Texas Municipal League (TML) and the Texas Association of Mayors, Councilmembers and Certificate of Recognition – An elected official who com- Commissioners (TAMCC) encourage elected city officials to pletes 42 or more CEUs in one calendar year will obtain a learn as much as possible about their governance roles and certificate of recognition. city government by attending a variety of educational op- portunities offered throughout the year. These conferences, Those receiving recognition on a recurring annual basis are workshops, and webinars allow city officials to enhance their eligible for the following award levels: policy-making and leadership skills, and network with other Award of Excellence – An elected official who receives rec- city leaders from across the state. ognition in one of the above categories for five consecutive TML and TAMCC sponsor the Texas Municipal League In- years will receive an award of excellence. stitute (TMLI) to recognize elected city officials who com- Award of Leadership – A city that has had an elected city mit to continuing their education and enhancing their ser- official receive a TMLI certificate for five consecutive years vice as city leaders. This voluntary certification program is will receive an award of leadership. open to elected city officials from TML member cities and offers levels of recognition for completing a specific number Where can I get more information on TMLI? of continuing education units (CEUs) within a calendar year (January 1-December 31). One CEU is awarded for each 50 To learn more about TMLI and award levels, visit the web- minutes of educational training. site. For questions, contact tmli@tml.org or 512-231-7400. H TEXAS TOWN & CITY • 16 APRIL 2019
Birds, Bees & Butterflies The Beaumont Convention and Visitors Bureau is working to build partnerships to attract pollinators in the same way they’ve worked to draw tourists. The newly opened Cattail Marsh Wetlands Education Center teaches the importance of pollinators for the city’s prime location on two migratory flyways. Bird walks, Yoga, photography classes, and more are planned to expand on the already trending nature tourism development. Beaumont’s outdoor scene is thriving and the Convention and Visitors Bureau is building on the Eco- friendly image. The Cattail Marsh wetland system, originated in September 1993, and allowed the City of Beaumont’s water reclamation department to comply with stricter stream standard regulations. The Wetlands consists of artificial and natural existing wetlands that occupies approximately 900 acres. In addition to being a functioning utility, the Wetlands became an attractive habitat for birds and wildlife. » Cattail Marsh Wetlands Boardwalk Opened July 2016 A Bird Watcher’s Paradise Beaumont is a natural address for over 320 species of birds and is an international renowed bird-watching destination. The new Cattail Marsh Boardwalk and Wetlands Education Center puts nature lovers face-to-face with wildlife. Cattail Marsh Wetlands Beaumont offers 28 birding Local awareness and New! Beaumont CVB’s Education Center opened trails within a 40-mile radius; promotions encourages Wetlands webcam streams October 2018 growing nature tourism with residence visitation live views from Cattail Marsh tours, packages & promotions › VisitBeaumontTX.com VisitBeaumontTX.com/birding
LEGAL H Q&A By Zindia T. Thomas TML Assistant General Counsel Q May a public official or employee accept a benefit if it was offered or accepted after the exercise of official discretion? A Even if a benefit was offered or accepted after the exercise of official discretion, it may still be considered bribery of a public official or employee. According to section 36.02(c) of the Penal Code, the fact that a benefit was not offered or accepted until after the exercise of some official discretion is not a defense to bribery. Q What is the punishment for bribery? A Accepting, agreeing to accept, or soliciting any benefit as consideration for a decision, opinion, recommendation, vote, or other exercise of official discretion is a second degree felony, punishable by two to twenty years of imprisonment and a fine of up to $10,000. Tex. Penal Code §§ 36.02(e), 12.33. Q May a public official be removed from office if the Q What is “bribery”? public official is convicted of bribery? A Under Section 36.02(a) of the Penal Code, a public official A If a public official is convicted of bribery, then the public or public employee commits the offense of bribery when official is immediately removed from office. Tex. Loc. Gov’t he/she accepts, agrees to accept, or solicits any benefit Code § 21.031. The judge shall include an order of removal as consideration for a decision, opinion, recommendation, in the conviction judgment. vote, or other exercise of discretion. To prove bribery, a prosecutor must show that the benefit offered or given to an official was offered or given as consideration for an Q May a public official or employee accept a gift that is simply provided in appreciation for superior public official’s decision. This is a fact question that would have to service and that is not in exchange for any official exercise be addressed on a case-by-case basis. of discretion? Q What is considered a “benefit”? A Public officials and employees are prohibited from A A “benefit” is anything reasonably regarded as pecuniary her jurisdiction, regardless of whether it is in recognition of accepting gifts of any kind from a person subject to his/ gain or pecuniary advantage, including a benefit to any other superior service or a token of gratitude. Tex. Penal Code § person in whose welfare the beneficiary has a direct and 36.08. These gifts are also considered a benefit as defined substantial interest (such as a relative or business partner). above. A floral arrangement, gift basket, gift certificate, Tex. Penal Code § 36.01(3). In other words, a benefit would tickets to an event, or complementary/discounted services include anything that is offered that a reasonable person or products would constitute a gift. would consider having some monetary value. TEXAS TOWN & CITY • 18 APRIL 2019
Q What if the gift is unsolicited? Q Are there any gifts a public official or employee may accept? A Even if a gift is unsolicited, it may still be considered bribery of a public official or an employee or a gift from a A There are some gifts that a public official or employee person subject to his/her jurisdiction if the public official or may accept. Section 36.10 of the Penal Code lists some employee accepts or agrees to accept the unsolicited gift, exception to gifts to public official or employees subject to and the gift is considered a benefit a reasonable person his/her jurisdiction. The exceptions include: would consider to have some monetary value. 1) An item that has a value of less than $50 (exclud- Q What may a public official or employee do if he/she ing cash or a negotiable instrument); receives an unsolicited gift? 2) A gift given by a person with whom the official or employee has a familial, personal, business, or A A prohibited unsolicited gift may be donated to a professional relationship that is independent of the official or employee’s status or work; governmental entity that has the authority to accept the gift or to a recognized tax-exempt charitable organization 3) Any benefit that the official or employee is entitled formed for educational, religious, or scientific purposes. to receive by law or for which the person has per- Tex. Penal Code § 36.08(i). formed a duty independent of the person’s status as a public servant (e.g. jury duty fee); or 4) Political contributions as defined by Title 15 of the Election Code. TEXAS TOWN & CITY • 19 • APRIL 2019
Q May a public official or employee receive food and Q What may a public official or employee do if he/she receives an unsolicited honorarium? entertainment? A A public official or employee may lawfully accept A A public official or employee should refuse an unsolicited honorarium. The offering entity is free to make food, lodging, transportation, or entertainment as a guest – some other use of the honorarium. Tex. Ethics Comm’n Op. meaning that the recipient must be in the presence of the Nos. 427 (2000), 150 (1993). donor. Tex. Penal Code § 36.10(b); Tex. Ethics Comm’n Op. Nos. 261 (1995), 118 (1993). If the public official or employee is required by state law to report such a gift, it must be done Q What is the punishment for a public official or in accordance with the law for the exception to apply. Id. employee who accepts an honorarium? Q What is the punishment for accepting a gift from A The acceptance of an honorarium by a public official or a person subject to a public official or employee’s employee is a Class A misdemeanor punishable by a fine of jurisdiction? up to $4000 and/or jail time of up to one year. Tex. Penal Code §§ 36.07(c), 12.21. A The acceptance by a public official or employee of a Q Are public officials or employees prohibited from gift offered by a person under the official or employee’s jurisdiction is a Class A misdemeanor punishable by a fine using government property for personal purposes? of up to $4,000 and/or jail time of up to one year. Tex. Penal Code §§ 36.08(h), 12.21. A State law prohibits public officials or employees from misusing government property, services, personnel, or any Q May a public official or employee accept a small gift other thing of value belonging to the government with the intent to obtain a benefit or to harm or defraud another. Id. or payment for speaking at an event because of his/her official position? §39.02(a)(2). “Misuse” is defined as dealing with property in a way that is contrary to: A A public official or employee may not solicit, accept, or 1) An agreement under which the public servant agree to accept a gift or payment, known as an honorarium, in return for services that would not have been requested holds the property; but for the public servant’s official position or duties. Id. § 36.07(a). Although the Penal Code does not define 2) A contract of employment or oath of office of a “honorarium,” numerous ethics opinions can provide some public servant; guidance. For instance, the Texas Ethics Commission has 3) A law that prescribes the manner of custody or noted that an “honorarium” is commonly understood to be disposition of the property; or “a payment in recognition of acts or professional services for which custom or propriety forbids a price to be set.” 4) A limited purpose for which the property is deliv- Tex. Ethics Comm’n Op. No. 401 (1998). Also, the Texas ered. Id. § 39.01(2)(A)-(D). Ethics Commission has determined that fees for speaking, teaching, and certain other services are included in the term “honorarium”. Tex. Ethics Comm’n Op. Nos. 305 (1996), Q What is the punishment for misuse of government property? 294 (1995). A public official or employee may accept meals, transportation and lodging expenses connected with a speaking engagement at a conference or similar event to A The punishment for misuse of government property the extent that the involvement in the event is more than ranges from a Class C misdemeanor to a first degree merely perfunctory. Tex. Penal Code § 36.07(b) felony, depending on the value of the misused property. Id. § 39.02(c). TEXAS TOWN & CITY • 20 APRIL 2019
Q May a public official be removed from office if the 1) to gain a benefit or advantage, or 2) to harm or defraud another. Tex. Penal Code § 39.06. “Information that has public official is convicted of accepting an illegal gift or not been made public” means any information to which honorarium, or misusing government property? the public does not generally have access to and that is A There is no special remedy under the Penal Code prohibited from disclosure under the Public Information Act. Id. § 39.06(d). providing for the removal of a public official due to a conviction for accepting an illegal gift or honorarium, or misusing government property. However, if a public official Q What is the punishment for misuse of official information? is criminally convicted of such an offense, it may affect his or A her eligibility for office. Additionally, such a conviction may act to automatically remove the public official from office or Generally, the punishment for misuse of official be grounds for removal from office through a recall or other information is a third degree felony punishable by two to removal action if such is authorized under state law or a city ten years of imprisonment and a fine not to exceed $10,000. charter. Tex. Loc. Gov’t Code §§ 21.025, 21.031. Tex. Penal Code §§ 39.06(e), 12.34. Q Are public officials or employees prohibited from Q Can a public official be removed from office for a using official information to gain a benefit or an advantage? violation of the misuse of official information? A Public officials or employees are prohibited from A Generally, if a public official is convicted for misuse of disclosing information to which the public officials official information, the public official is immediately removed or employees have access by virtue of their office or from office. Tex. Loc. Gov’t Code § 21.031. The judge shall employment and that has not been made public with intent include an order of removal in the conviction judgment. H Texas Political Subdivisions JSIF Serving Texas Cities Since 1983 You owe it to your City to get another insurance quote… What’s the worst that could happen? You find out you’re getting a good price. Coverages Include Or you find out you really can get a better Auto Physical Damage price and better service! Auto Liability Crime Crisis Management (Active Shooter) General Liability Cyber Liability Law Enforcement Property Public Officials Workers’ Compensation Compare your current insurance coverage and pricing with us today! 972-361-6303 • keith.alberts@tpspool.org www.tpspool.org TEXAS TOWN & CITY • 21 • APRIL 2019
TOURISM SUPPORTS CITIES’ GROWTH GIVING BACK IN TEXAS HILL COUNTRY RIVER REGION By Annabell McNew Executive Director, Texas Hill Country River Region M any know the Hill Country River Region – which includes the cities of Concan, Utopia, Sabinal, and Uvalde – for its three crystal-clear rivers, rolling hills, and the ever-popular Garner State Park. To continue to help Texans unwind in the region’s secluded beauty and bring these destinations’ attractions to a national audience, Texas Hill Country River Region promotes year-round tourism to each of these incredible cities. Through these efforts, we’ve been able to reach more than 542 million since 2016 through positive media attention from the Travel Channel, Southern Living, and most recently Reader’s Digest, which named the City of Concan a top under-the-radar place to visit in 2019. Above all, these efforts have supported real economic growth in each of these cities, driv- ing visitors to explore the treehouse dining in the City of Utopia, rent a cabin and float the river in the City of Sabinal, or watch 10 million bats take flight into the Concan night sky.
more than 5,000 pounds of trash from the rivers, donating nearly $15,000 to local and regional nonprofits. The rise of “voluntourism,” a form of tourism in which people travel specifically to participate in voluntary work, has provided an additional benefit of the program, attracting visitors and tourists in its own right. Notably, Sisters on the Fly, the larg- est women’s organization in the United States focused on outdoor recreation, recently came to Concan to participate in the program and camp in Garner State Park. Direct visitor spending reached $83 million in 2017 – an increase of more than $8 million from 2016 and a 23 per- Cleanups take place on Sundays and Tuesdays throughout cent increase since 2010 – helping support nearly 800 jobs the summer with flexible shifts ranging from two to eight directly tied to the tourism industry.* The Frio, Sabinal, and hours. Volunteers are offered discounted rates on lodging Nueces Rivers are among the most popular reason to visit at attractions like Frio Country Resort and Neal’s Lodges, any of the cities in the area, drawing more than 20,000 peo- giving them the chance to explore Concan’s hiking, dining, ple to Concan each weekend in the summer. With plenty of hunting, and shopping. For additional information, visit Vis- access to inner-tube, kayak, and canoe rentals, along with itUvaldeCounty.com/p/rivers/311. Those unable to coor- ample fishing opportunities, spending a day on the water dinate a scheduled cleanup are still able to get involved is the perfect way to enjoy the Frio River in Concan, the and keep the rivers beautiful by disposing of waste in the Sabinal River in Sabinal, or the Nueces River in Uvalde. The widely available trash bags at the Visitor’s Center and most rivers wind through areas like Garner State Park and Chalk businesses in Concan. Bluff Park, offering incredible views of the chalk cliffs and rolling hills – and even the largest tree in Texas. Texas Hill Country River Region continues to reach new heights on behalf of the cities of Concan, Utopia, Uvalde, To combat the environmental impact of this influx of vis- and Sabinal, generating revenue, positive environmental itors, we established the “Don’t Trash Where You Splash” impact, sustainable growth for tourism and connected river cleanup program in 2016, drawing from our own industries, and an invaluable awareness of the unique trav- funding, which comes from the county’s Hotel Occupancy el opportunities available in these cities. I hope you’ll come tax. In partnership with Keep Texas Beautiful, Keep Utopia by soon for a visit to see our success in action. Beautiful, and Friends of the Frio, the fourth season of the program is in full swing, donating $10 per person in *Source: Economic Impact Report for Texas Tourism, Office of volunteer groups of six or more for each hour they spend Governor, Economic Development and Tourism H cleaning up the river to a charity of their choice. Since the program’s inception, over 300 volunteers have collected TEXAS TOWN & CITY • 23 • APRIL 2019
NATURE-BASED TOURISM USING MOTHER NATURE TO CREATE ECONOMIC IMPACT By Holli Conley TDM, CTE Vice President of Marketing, Visit Tyler TEXAS TOWN & CITY • 24 APRIL 2019
offers some pretty great landscapes for the outdoorsy types. While Tyler is mostly known for its roses, in the spring, roses take a back seat to azaleas. An annual favorite is the Aza- lea and Spring Flower Trail, which takes place at the end of March and beginning of April. The Azalea and Spring Trail will celebrate its 60th year this year and features mile after mile of blooming azaleas, dogwoods, and spring flowers. This event has been described as a floral wonderland and a gardener’s and photographer’s paradise. If you have traveled to Tyler, it’s hard to miss these spring- time blooms as you travel around town, but many don’t know how Tyler became known as “a natural beauty.” It didn’t just happen overnight. While oil booms gave Tyler an economic head start in the 1930’s, pine trees, azaleas, and roses gave the City its beauty. Azaleas were introduced to Tyler in 1929 by Maurice Shamburger, one of the city’s early nurserymen. Pleased with results of a test garden of azaleas, Sham- burger shipped the colorful plants to Tyler by the boxcar loads from the State of Georgia. WE ARE BUILDING PARTNERS. CIVIL ENGINEERING | MEP ENGINEERING LAND SURVEYING | LANDSCAPE ARCHITECTURE Texas has one of the most diverse landscapes and more natural beauty than any state in the nation. Over the past few years, nature tourism has become very popular as more and more studies come out about the physical and psychological benefits of being in nature. According to a recent study, most of us are spending half as much time outside as compared to only 20 years ago. The study claims that outside activities such as gardening or hiking is good for the mind, body, and soul. The research shows that being outside clears your head, makes you more creative, boosts your focus, and recharges your mind’s bat- tery. Scientists have proven that people who spend time outside are healthier, sleep better, and have more energy. That’s why nature tourism is on the rise. The City of Tyler is FORT WORTH GRAPEVINE WEATHERFORD a great example of a city capitalizing on a natural attraction 6300 Ridglea Place 3801 William D. Tate 1901 Martin Drive to create an economic impact for the community. If there’s 817.338.1277 817.251.8550 817.596.7575 one thing the City is known for, it’s for the area’s beauty. bhbinc.com Nestled serenely in the piney woods of east Texas, the area TEXAS TOWN & CITY • 25 • APRIL 2019
After completing his garden in 1929, Shamburger discussed Today, the Azalea and Spring Flower Trail consists of two the beautification potential of azaleas with Mrs. Sara Butler trails that wind through ten miles of historic homes and of the Tyler Courier Times Telegraph. Mrs. Butler not only gardens bursting with the colors of spring. During this time encouraged Shamburger to promote azalea plantings in the of year, Tyler hosts city-wide events including historic home City, but she personally supported the effort by planting a tours, live entertainment, arts and crafts fairs, a flower mar- number of bushes at her own home. ket, and more. Last year, about 70,000 people visited the event creating an estimated economic impact of almost That home site, along with several other gardens, soon two million dollars for the community. became springtime showplaces with their colorful azalea blooms, and Tylerites began buying the plants by the thou- In addition to the economic impact, there are many other sands. Some of the thick, towering azaleas at older homes benefits of establishing your community as a nature tour- on the Trail date back to the ‘30’s and ‘40’s. ism destination. The Texas Parks and Wildlife Department states that other benefits include helping to promote hab- By 1960, the blooming azaleas were attracting much atten- itat conservation and sustainable economic development tion, and that year the Chamber of Commerce established along with building broad-based support for wildlife con- a marked route. The first Trail featured about 60 homes on servation programs. a five-mile route. The best part about nature tourism is that, in most cases, The Trail was an instant success. Within two years it had those assets already exist. Destinations that have good expanded to 75 homes and was attracting 15,000 visitors. By infrastructure for nature tourism are already seeing an 1964, 25,000 people a year were coming to see the azaleas. increase in tourist traffic. With a little bit of effort and strate- In 1986, the Trail expanded to two miles. gic planning, destinations can easily develop nature tourism in a sustainable way that will have a positive impact on the community and tourists alike. With the success of the Trail escalating and more tourists coming to town, the Chamber of Commerce decided guests needed to be welcomed in true southern style. In 1964, the If you’re looking for a new way to attract visitors, step out- first Azalea Belles wearing full antebellum dresses were side, take a deep breath, and look around you. You might be introduced to the Azalea and Spring Flower Trail. These able to capitalize on an existing asset in a new and different ladies distributed brochures and greeted guests along the way that you haven’t thought of before. H Trail, solidifying the event as a true tourist attraction. TEXAS TOWN & CITY • 26 APRIL 2019
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