TEXAS TOURISM - OFFICIAL PUBLICATION OF THE TEXAS MUNICIPAL LEAGUE
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CONTENTS H FEATURES Official Publication of the 19 32 46 Texas Municipal League. 2022 Annual TML Taxation Ten Lessons from Texas Tourism Public Improvement and Debt Survey Results Are Tourism and Hospitality Districts in Texas This publication assumes no responsibility Available Legend Larry Woods for statements made by contributors 49 in signed articles. It is not operated for 22 36 Destination Marketing pecuniary gain. Unique and Innovative Art Activates Vacant Organizations: Part of Your Partnerships Downtown Buildings COVID Recovery Plan Editor Christina Corrigan 24 40 52 Creative Manager Jennifer Stamps Designer Will Bowling Photo Contests: Grandma’s Bastrop: A Bird-Friendly City Celebrate the Bluebonnet Advertising Sales Gray Gilson Recipe for “User Generated in Texas Spirit in Ennis Printing Publication Printers Corp. Content” Can Still Work 42 54 28 Building Relationships Is Find Yourself in Rockport- Texas Town & City (ISSN 1084-5356) is published monthly except October for $30 There’s No Business Like Key for Small Destination Fulton per year ($3.00 per single copy) by the Show Business Marketing Organizations 56 Texas Municipal League, 1821 Rutherford 30 44 Closer to Nature Lane, Suite 400, Austin, Texas 78754-5101. The West Texas Town Denton Looks Forward to a Periodicals Postage Paid at Austin, Texas Reinvents Itself as Storybook Sustainable Future and additional mailing offices. Capital of America 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 5 14 legislative advertising to disclose certain President’s Message Small Cities’ Corner information. 6 16 A person who knowingly enters into a TML News Legal Q&A contract or other agreement to print, publish, or broadcast legislative advertising that 8 58 does not contain the required information Risk Pool News Career Builder commits a Class A misdemeanor offense. Texas Town & City contains material which 10 59 is legislative advertising as defined by law in Health Pool News Instagram Highlights the state of Texas. 12 Mr. Bennett Sandlin has entered into an City Lights agreement with Publication Printers Corp. for the printing of Texas Town & City magazine. Mr. Sandlin represents the ABOUT THE COVER member cities of the Texas Municipal League. The Texas Municipal League and the Texas Association of Convention and Visitor Bureaus present the annual Texas Tourism issue. Photo credit: Visit Bastrop TEXAS TOWN & CITY • 3 • APRI 2022
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 PRESIDENT 15-Merlyn Holmes, Councilmember, Victor Conley, Fire Chief, Irving its formation in 1913, the League’s mission Martha Castex-Tatum, Kilgore Texas Fire Chiefs Association Vice Mayor Pro Tem, Houston has remained the same: to serve the needs 16-Larry Spears Jr., Mayor, Orange Amanda Campos, City Secretary, and advocate the interests of its members. Burleson PRESIDENT-ELECT Membership in the League is voluntary AFFILIATE DIRECTORS Texas Municipal Clerks David Rutledge,CMO Rolandrea Russell, Planner, Frisco Association, Inc. and is open to any city in Texas. From the Mayor, Bridge City American Planning Association original 14 members, TML’s membership has Texas Chapter Lisa Norris, Human Resources/ IMMEDIATE PAST PRESIDENT Civil Service Director, Grand Prairie grown to more than 1,150 cities. Over 16,000 Holly Gray-Moore, Texas Municipal Human Resources mayors, councilmembers, city managers, Mayor Pro Tem, Roanoke Marissa Ximenez, Councilmember, Association Floresville city attorneys, and department heads are Association of Hispanic Municipal member officials of the League by virtue of Maria Redburn, Library Director, Bedford PAST PRESIDENTS Officials Texas Municipal Library Directors their cities’participation. Mary M. Dennis, CMO, Mayor, Live Oak Association Selso A. Mata, Director of Building Leonard Reed, CMO, Mayor, Willis Inspections, Plano The League provides a variety of services Henry Wilson, Mayor, Hurst Michael Thane, Director of Utilities, Building Officials Association of Texas Round Rock to its member cities. One of the principal Dock Jackson, CMO, Councilmember, Texas Municipal Utilities Association Bastrop Clifford Blackwell, Deputy City Manager, purposes of the League is to advocate Terry Henley, Board of Adjustment Glenn Heights municipal interests at the state and federal Gene Ellis, Assistant Government Finance Officers Member, Meadows Place City Manager/Chief of Police, Belton levels. Among the thousands of bills Association of Texas Texas Police Chiefs Association introduced during each session of the Texas DIRECTORS-AT-LARGE Dr. Brian Rowland, Mayor, Prairie View Legislature are hundreds of bills that would Timothy Slifka, Purchasing Manager, Jim Ross, Mayor, Arlington Texas Association of Black City Council Southlake affect cities. The League, working through its Steve Adler, Mayor, Austin Members Texas Public Purchasing Association Legislative Services Department, attempts Paulette M. Guajardo, Sid Hudson, Chief Information Officer, to defeat detrimental city-related bills Mayor, Corpus Christi Erin Hart, Assistant Director of Parks, McKinney Arts and Recreation Department, and to facilitate the passage of legislation Eric Johnson, Mayor, Dallas Texas Association of Governmental Grand Prairie designed to improve the ability of municipal Claudia Lizette Rodriguez, Information Technology Managers Texas Recreation and Parks Society governments to operate effectively. Representative, El Paso Lori Ward, Councilmember, Mattie Parker, Mayor, Fort Worth EX-OFFICIO NON-VOTING INVITED Addison Martha Castex-Tatum, Vice Mayor Texas Association of Mayors, The League employs full-time attorneys who REPRESENTATIVES Pro Tem, Houston Councilmembers and Commissioners TML Health Benefits Pool are available to provide member cities with Ron Nirenberg, Mayor, San Antonio Blake Petrash, Mayor Pro Tem, information on municipal legal matters. On a Steve Killen, Director of Development City of Ganado daily basis, the legal staff responds to member Services, Stephenville REGIONAL DIRECTORS Texas Association of Municipal Health cities’ written and oral questions on a wide 2-Doyle Robinson, CMO, Mayor, TML Intergovernmental Risk Pool Officials variety of legal matters. The League annually Panhandle Jeffrey Snyder, City Manager, Plainview conducts a variety of conferences and 3-Latrelle Joy, Councilmember, Jay Socol, Director of Public Communications, College Station training seminars to enhance the knowledge Lubbock Texas Association of Municipal and skills of municipal officials in the state. In 4-Jack Ladd, Councilmember, Midland Information Officers addition, the League also publishes a variety 5-Dustin Fraticelli, Commissioner, Vernon Robert Upton, Director of Engineering of printed materials to assist member cities and Public Works, Pearland 6-Vacant in performing their duties. The best known Texas Chapter of American Public Works 7-Allison Heyward, CMO, Association of these is the League’s monthly magazine, Councilmember, Schertz Texas Town & City. Each issue focuses on a 8-Tito Rodriguez, Councilmember, Charles E. Zech, City Attorney, variety of contemporary municipal issues, North Richland Hills Pflugerville, Bee Cave, Wimberley, Prairie including survey results to respond to View, Rollingwood, Santa Fe, Leon Valley, 9-Ray O’Docharty, Mayor, Groesbeck and Fair Oaks Ranch member inquiries. 10-Connie Schroeder, CMO, Mayor, Texas City Attorneys Association Bastrop For additional information on any of 11-Cathy Skurow, Mayor, Portland Hugh R. Walker, Deputy City Manager, Bryan these services, contact the 12-Ricardo Villarreal, Mayor, Palmview Texas City Management Association Texas Municipal League at 512-231-7400 13-Rick Grady, Councilmember, Plano or visit our website, www.tml.org. 14-Andy Brauninger, Mayor, Huntsville Jennifer Bozorgnia, Court Services Coordinator, Irving Texas Court Clerks Association TEXAS TOWN & CITY • 4 • APRIL 2022
MESSAGE H FROM THE PRESIDENT MARTHA CASTEX-TATUM Vice Mayor Pro Tem, City of Houston TML President For many years, the April issue of Texas Town & City has been devoted to the topic of tourism in Texas cities. I’ve always looked forward to this issue. Tourism is a cornerstone of Houston’s economy, just as it is for many of your towns. People from all over the world want to visit Texas cities because we have some of the most beautiful and interesting cities in the world! But we can’t just sit back and assume folks will continue to travel here. Successful tourism involves an important partnership between cities, convention and visitors bureaus, hotels, and state government. Each element, from HOT taxes to destination marketing is integral to make it all happen. In this issue, you’ll hear about topics such as tourism public improvement districts, film and music city certifications, destination management organizations, and many others. Cities in all our Texas regions compete to attract national and worldwide tourism dollars. But it’s not a competition that any city or region needs to lose—there are plenty of tourism dollars to go around. Each city can gain from a coordinated effort at marketing what makes our state great. That tourist from France or Canada might only visit Granbury and Fort Worth this year, but if we all do our jobs they’ll be back soon enough to Boerne, Rockport, El Paso, Houston, and your city! Let’s all get ready to understand the tools and tips that make tourism synergy possible. Martha Castex-Tatum Vice Mayor Pro Tem, City of Houston TML President TEXAS TOWN & CITY • 5 • APRI 2022
TML H NEWS TML TRAINING CALENDAR April-May 2022 April 1 Workplace Conflict and Strategies for Resolving It Austin April 6-8 TML Leadership Academy – Course One Round Rock April 14 Interacting Constructively with the Media Webinar Announcing TML Small Town Conference April 25-26 TML Public Funds Investment Act Training Make plans to attend the 2022 TML Small Town Conference on May Austin 19-20 at the Hangar Hotel in Fredericksburg. Designed for elected officials and staff serving towns and cities with a population of April 26 15,000 or less, the conference will inspire ideas that can lead to Governing Ethically: Understanding Your Influence better planning and a stronger community. Our experts will discuss Webinar branding, economic development, technology, succession planning, legal issues, and funding for water projects. Most April 27-29 importantly, you will connect with other leaders from across Texas TMUA Leadership and Management Conference who, like you, are working to build and support vibrant small cities. College Station Learn more and register at https://tmlsmalltownconference.org. May 11-13 TML Leadership Academy – Course Two Apply Now for a Municipal Round Rock Excellence Award May 11-13 The TML Municipal Excellence Awards have been celebrating and TMHRA Annual Conference Georgetown inspiring municipal excellence and innovation for more than 25 years. Each year, awards are given in two population categories May 19-20 (cities under 25,000 and cities over 25,000) and in five subject TML Small Town Conference categories (city spirit, communication programs, management Fredericksburg innovations, public safety, and public works). The deadline to submit online applications is Friday, June 3. For additional details May 20 including the application link, visit www.tml.org/210/Municipal- TML Budget Workshop Excellence-Awards. H Belton TEXAS TOWN & CITY • 6 • APRIL 2022
Cajun Capital of Texas Outdoor Historic Downtown Unique Attractions Exceptional Opportunities Art Straddling borders but not bound by state lines, Beaumont is big Texas fun with Cajun flair. Embodying the best of the Lone Star State and Louisiana, Beaumont is an easy and Scan to affordable drive destination. Just 1.5 hours from Houston, 3.5 hours from Austin, and four learn from Dallas, New Orleans, or San Antonio, many attractions are completely free, and we have a 48-hour under $48 itinerary perfect for families, couples, or solo travelers. Swing more! on through and get ready to laissez les bon temps rouler, y’all. Save the Date EATBMT MAY 5 - 15, 2022 Come join in on the fun of the fourth annual #EATBMT Restaurant Week May 5 - 15, 2022. Restaurant Week invites you to experience the flavors of Southeast Texas with foodie events and special fixed menus priced at $10, $20, and $30 with dine-in or to-go options around the Golden Triangle. We are so excited for both community members and visitors to get a taste of what Beaumont has to offer. VISITBEAUMONTTX.COM | @VISITBEAUMONTX | 409.880.3749 TEXAS TOWN & CITY • 7 • APRI 2022
RISK POOL H NEWS Partnering for Financial Strength exactly the rate of infection in the general population (see chart – with bars indicating claims and the red line The Texas Municipal League Intergovernmental Risk Pool indicating general population). offers and provides Texas cities with a stable and economic source of risk financing and loss prevention services. The The cost of those events meant that member contributions financial condition of the Pool remains strong and stable. In weren’t enough to cover the losses, so Members’ Equity fact, the Pool’s partnership spans the state: came into play. The Pool experienced a $36 million deficit, • over 96 percent of Texas cities (and hundreds of other local governments) are contributing members of the Pool; • over 200,000 public servants are covered for workers’ compensation through the Pool; and • over $45 billion in governmental property is covered by the Pool. The key to the Pool’s financial strength is its net position (what the Pool calls “Members’ Equity”). In a normal year, the Pool would expect to fund “ordinary” losses within the budget. In other words, member contributions would be enough to cover all claims. Of course, 2020-2021 was anything but ordinary. Texas local governments saw two catastrophic events – winter storm Uri and the continuing COVID-19 pandemic. TML Risk Pool Objectives Winter storm Uri, one of the only statewide catastrophes • Educate Members about avoiding and reducing the Pool has ever faced, led to claims exceeding $75 risks million. That number approached the losses caused in 2017 by Hurricane Harvey (the Pool’s most expensive • Control losses with effective legal defense and disaster on record) at $104 million. COVID-19 claims were claims handling almost exclusively based on the “first responders’ disease • Anticipate emerging risks presumption law.” That law “presumes” that police, fire, and • Be aware of and anticipate state and national trends EMS employees who contract the disease were infected • Provide appropriate coverages that meet the needs while at work, entitling them to workers’ compensation benefits. First responder infections proportionately tracked of the Pool’s Members infections in the general population (see accompanying • Serve as an expert source of information on risk chart). As of March 2022, the Pool had processed over 7,500 management for cities, other units of local claims, 46 of which were – unfortunately – fatalities. The government, and the Texas Municipal League total incurred losses to the Pool are nearly $100 million, with over $60 million of that amount incurred for the fatality • Develop, train, and retain highly qualified staff claims. Interestingly, the presumption claims track almost TEXAS TOWN & CITY • 8 • APRIL 2022
but Members’ Equity remains strong at $381 million. Using Most importantly, the Pool – as always – has been here to equity to maintain stable rates was no accident. In 2014, cover the “losses.” That word sometimes has a negative the Pool adopted a Target Members’ Equity Policy, which connotation. As it relates to pooling, however, it shouldn’t. considers the appropriate amount of capital (Members’ Why? As money flows from the Pool, it goes to repair or Equity) required to support the Pool’s operations. Even replace public buildings and other facilities. Or it goes to after a difficult year, our Members’ Equity remains within the ensure that our first responders and/or their families are target range to support the Pool going forward. taken care of. To put it simply, the Pool’s so-called losses are a member’s gain. The Pool’s operating expenses were $3.5 million under budget, due primarily to the pandemic restrictions and Taxpayer dollars are well-spent on the TML Risk Pool, austerity measures. Yet the Pool was fully operational, which provides robust coverage, customized resources, thanks to a dedicated staff and technological investments. and governmental support at a value found nowhere else. It remains an honor to serve Texas cities through our Core The Pool shares city officials’ goal of spending public Values: Integrity, Public Service, Fiscal Responsibility, and funds wisely. Our team of underwriters, financial officers, Operational Excellence. H and many others does everything possible to keep rates stable, allowing city officials to anticipate costs to plan their budgets. Grandscape / The Colony, Texas We engineered a destination in North Texas to attract people from miles around. IN GRAND STYLE. We’re Olsson, a nationally recognized engineering and design firm that adds purpose to every project we create. Our work at Grandscape brings people together. Learn how at olsson.com. TEXAS TOWN & CITY • 9 • APRI 2022
HEALTH POOL NEWS H Health Doesn’t Have to Be Boring: touch with nature, your body, and rafting companions. Five Fun Activities to Do in Texas That Are 4. Camping Big Bend National Park, Guadalupe Secretly Good for You River State Park, Garner State Park, and of course the beautiful Enchanted Rock are a few places you Wherever you are in Texas, there are many good excuses can pitch your tent and enjoy the view. For wildlife to get outside, and healthy activity definitely doesn’t have watching, try Fossil Rim Wildlife Center in Glen Rose to look like sweating in a gym. Here are five fun activities or Caprock Canyons State Park. Caprock Canyons also to enjoy outdoors this spring and summer. Nothing against boasts incredible stargazing. YouTube yoga, but it feels like we’ve been inside forever! 5. It’s Texas, Y’all—Try Riding a Horse! Palo Duro 1. Hiking Texas has many beautiful hikes, and there’s Canyon State Park, Caprock Canyons, and Big Thicket still ample time before the sweltering summer begins National Preserve are just a few of the places you can in earnest to get out into the hill country. book a tour to go horseback riding along scenic trails. It’s good exercise, and aren’t they just adorable? Try Santa Elena Canyon in Big Bend for a short shady hike along the river, or Guadalupe Peak for the challenge If you’ve got kids who love dinosaurs, try going for a of the highest point in Texas, with a breathtaking view ride through Dinosaur Valley State Park, where you can of El Capitan. If wildlife and woods are more your idea hike, horseback ride, camp (with electricity, if roughing of a nice walk, the Wild Basin Wilderness Preserve it isn’t your style), and walk the limestone-preserved takes you through the woodlands and hill country, with footprints of actual dinosaurs in the dry bed of the a chance to spot rare species of animals, including the Paluxy River. It’s best seen in the summer when the endangered golden-cheeked warbler. bed is truly dry. 2. Fishing Fishing in Texas is year-round! At our parks, Grab some friends—or your kids—and plan something this beaches, and piers, you can find freshwater fish like weekend in the great outdoors. bass and catfish, and saltwater fish like red drum, flounder, and trout. About TML Health Benefits Pool TML Health Benefits Pool offers health benefits created by Getting outside is good for your body, and if you fish Texans exclusively for Texas cities and political subdivisions. with friends and family, the social togetherness is also TML Health brings together hundreds of Texas public entities good for your brain. Just be sure to put on sunscreen to leverage collective purchasing power and risk sharing to for those summer solar rays. stabilize the cost of health benefits and deliver the lowest long- term net costs, while offering additional services such 3. Ride the Rivers Canoeing, kayaking, rafting, and as wellness programs, virtual health checkups, telemedicine, swimming all offer healthy ways to beat the summer and online and phone enrollment. By sharing in the Pool, heat. Drift down the Guadalupe, Comal, Frio, Colorado, TML Health’s members share the rewards of superior health or Rio Grande River at Big Bend at a gentle relaxing coverage—lower costs, better health outcomes, and more pace to float away some of the stress. Or go whitewater personalized service. H rafting when the Guadalupe is high for a whole-body adrenaline-soaked workout that’ll put you back in TEXAS TOWN & CITY • 10 • APRIL 2022
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CITY LIGHTS H Surf in Troup branding, and on-screen content. Installation will occur in phases of 25 kiosks throughout several neighborhoods. Surf the web, that is. The City of Troup now has free public Wi-Fi available downtown. The Troup Community Each kiosk serves as a free Wi-Fi hotspot up to 75 feet and Development Corporation (TCDC) is bringing 12 routers to is geo-located, displaying informational listings based on downtown. The project was approved in September 2021, what’s in the immediate proximity to the kiosk. The kiosks started in November 2021, and finished in February 2022. have dual-sided digital touchscreens and are fully ADA- Each router provides 300 feet diameter of free Wi-Fi. compliant and multi-lingual. Additionally, the kiosks provide access to social services information such as homeless “The project promotes new and expanded business shelters, addiction recovery programs, and food support. enterprises as well as enhance the quality of life as part of community development,” Suzanne Loudamy, TCDC “The City of Houston has so much to offer, and the IKE digital Executive Director said. “Offering this enhancement to the kiosks will be an exciting new amenity to help guide people downtown area will be a plus to businesses, visitors and in various directions to enjoy events, restaurants, and much others who may need Wi-Fi to complete school work, job more,” said Mayor Turner. “These kiosks are one of the applications or other online tasks.” many ways Houston is moving forward with creating more walkable spaces that make for a safer and more pleasant Another Way Houston Is Making a experience.” Difference for Citizens IKE also serves as a widespread communication platform. In partnership with IKE Smart City, the City of Houston IKE allots space for community messaging that is relevant unveiled the first in a series of digital interactive, wayfinding to the City and local communities while also disseminating kiosks called IKE. IKE Smart City worked collaboratively with critical public safety information in a highly visible way. The the City of Houston, Houston First, neighborhood groups, kiosks will provide a cohesive wayfinding system throughout and adjacent property owners on location selection, kiosk the City while reflecting the City’s diversity with unique branding and on-screen content for each neighborhood. The kiosks will also regularly exhibit new projects by local and international artists in collaboration with some of Houston’s most recognized cultural organizations. The kiosk project was led by the Mayor’s Office of Economic Development with support from the Office of Innovation. H TEXAS TOWN & CITY • 12 • APRIL 2022
Moving to TML Health Benefits saved us about $37,000. I was able to...give employees an increase they hadn't seen in a while. The cost was a lot less expensive, the package itself was an overall better package for the employees. Melissa Gonzalez, City Manager, Taft How much can YOU save when you work with a health benefits pool built for Texas cities? Call now and get a health plan that works for you. 512-719-6530 Watch the full TML Health Benefits Pool is a non-profit trust Taft story here! 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. TEXAS TOWN & CITY • 13 • APRI 2022
SMALL CITIES' CORNER H In pursuit of this community project, the City maintained cost efficiency through use of a combination of contractor and in-house city staff with a partnership with Tarrant County to perform the necessary construction work. The City bid out the construction of the pavilion structures and signage. Electrical work was performed by a general services contractor while the decomposed granite surface and concrete beam border were installed by the City of Saginaw Public Works staff. The City of Saginaw entered into an interlocal agreement with Tarrant County Precinct 4 for the construction of both the asphalt food truck space as well as a 183-space parking lot to serve the facility. The Saginaw Switchyard Food Truck Park offers the community an array of culinary options that would pique the interest of any foodie. From kettle corn popcorn to al pastor tacos, the food truck park offers a range of dishes and delights to satisfy everyone. This food truck park is FOOD, FRUIT, AND FUN AT located on a paved area that offers electrical and water THE SAGINAW SWITCHYARD hookups sufficient to serve six food trucks, with additional capacity available for food trucks that have self-sufficient By Pedro Zambrano, Communications Manager, City of Saginaw electrical and water systems. Local food trucks utilize The Switchyard almost every day of the week, especially during Nestled in the southern corner of Saginaw’s largest park is Saturday farmers’ market days. The Saginaw Switchyard. First imagined by the City and its residents as a destination for the community to enjoy arts Adjacent to the food truck park, the Saginaw Farmers’ and crafts, food, and music in a small-town atmosphere, Market provides the community with a marketplace The Switchyard serves as home to both the Saginaw Food offering fresh produce, craftwork, and products from artisan Truck Park and the Saginaw Farmers’ Market. vendors. With the goal of providing the community with the TEXAS TOWN & CITY • 14 • APRIL 2022
seeking a booth on farmers’ market days, every second and fourth Saturday of the month. The Switchyard has been a tremendous success since its opening, and “a phenomenal addition to the city’s park system. Despite opening during the pandemic, it has brought a large variety of food trucks and entertainment to the citizens,” said Saginaw’s Mayor Todd Flippo. “Our collaboration with Community Link for the Market at The Switchyard has strengthened our commitment to serve our neighbors and bring fresh food options to Saginaw.” The Switchyard is looking at expanding its services and impact, including functioning as a place to host special events. In combining simple, cost-effective design with successful use of public and private resources and cross- sector collaborations to provide a community amenity, the freshest, highest quality fruits, vegetables, breads, meats creation of The Saginaw Switchyard is proving beneficial and other products, the farmers’ market not only serves as to Saginaw residents and visitors now and is expected to a great place to pick up food but also a place to pick up a become increasingly valuable in the City’s future. H new hobby. Workshops available to the public on subjects including gardening and painting are offered, along with the Power of Produce (POP) program open specifically for kids. The POP program engages kids to learn more about developing healthy food habits and gives them the opportunity to receive fresh foods with the tokens they receive from participating in the program. The Farmers’ Market at The Switchyard also has an incentivizing matching program for its SNAP customers that provides The Perot Theatre is Texarkana’s cultural icon one additional dollar for every dollar of SNAP benefits and hub of local, national, and international entertainment for the region. Constructed in spent on eligible purchases, effectively doubling the SNAP 1924 as Saenger “Gateway to the Southwest” customer’s buying power. Theatre, it was subsequently renovated and reopened as the Perot Theatre in 1980. This The creation of The Switchyard introduced a unique historic jewel is listed in the National Register opportunity for the City to enter an agreement with of Historic Places and was named the most Community Link, a local non-profit, to manage the farmers’ beautifully designed theatre in the state of market. “Community Link is thankful for its partnership Texas by Architectural Digest in 2018. with the City of Saginaw to provide a market for the Texarkana celebrates 40 plus years of outstanding artistic performances in the entire community,” said Trey Harper, the organization’s historic Perot Theater, making it one of the director of development. “This program fits well in the keys to the renewal of Downtown Texarkana mission of Community Link as it provides access to fresh and a destination point for tourism throughout foods and other resources and supports entrepreneurship. our region. Working alongside one another, we are truly better together than apart.” For more information about the Perot Theatre, rental inquiries, or for a free tour of this historic The public response and enthusiasm for the Farmers’ venue contact the Box Office at 903.792.4992 or visit us online www.perottheatre.org. Market at the Switchyard resulted in a backlog of vendors TEXAS TOWN & CITY • 15 • APRI 2022
By Amber McKeon-Mueller LEGAL Q&A H TML Legal Counsel Editor’s note: This is the first part of a two-part Q&A on Id. § 46.02. A person convicted of a felony or a family violence firearm regulation in Texas. The second part will appear in offense is also prohibited from possessing a firearm with the May 2022 edition of Texas Town & City. some exceptions. Id. §§ 46.02, 46.04(a-1). Q What is “constitutional carry” in Texas? Under federal law, the Gun Control Act makes it unlawful for certain categories of people to ship, transport, receive, A During the 2021 Regular Legislative Session, the Texas or possess firearms or ammunition. 18 U.S.C. § 922(g). Examples include a person who: Legislature passed H.B. 1927, also known as the “Firearm Carry Act of 2021.” It has commonly been referred to as 1. is convicted in any court of a crime punishable by “constitutional carry.” The bill allows most individuals aged 21 imprisonment for a term exceeding one year; and over to carry a handgun in public—in either a concealed 2. is a fugitive from justice; manner or openly in a holster—without having to first obtain a license. Tex. Penal Code § 46.02. The new law went into 3. is an unlawful user of or addicted to any controlled effect on September 1, 2021. substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802); Q What are the limitations on who is allowed to 4. has been adjudicated as a mental defective or has been carry a handgun under “constitutional carry” in committed to any mental institution; Texas? 5. is an illegal alien; A Although “constitutional carry” broadly allows most 6. has been discharged from the Armed Forces under individuals over 21 years of age to carry a handgun without dishonorable conditions; a license, an individual convicted of certain state or federal crimes may not carry a handgun. 7. has renounced his or her United States citizenship; Under state law, a person may not constitutional carry a 8. is subject to a court order restraining the person from handgun if the person has been convicted of one of the harassing, stalking, or threatening an intimate partner or following offenses in the previous five-year period: child of the intimate partner; or 1. assault causing bodily injury, including to their spouse [Tex. Penal Code § 22.01(a)(1)]; 9. has been convicted of a misdemeanor crime of domestic violence. 2. deadly conduct, including discharging a firearm at persons, a habitation, a vehicle or a building [Id. § 22.05]; 3. making a terroristic threat [Id. § 22.07]; or Q What is licensed carry? 4. disorderly conduct by: (a) discharging a firearm in a public place other than a public road or a sport shooting A Licensed carry remains in effect even after the adoption of H.B. 1927. Licensed carry in Texas authorizes a person range; or (b) displaying a firearm or other deadly weapon who is at least 21 years of age to obtain a license to carry a in a public place in a manner calculated to alarm [Id. § handgun from the Texas Department of Public Safety (DPS) 42.01(a)(7) or (8)] TEXAS TOWN & CITY • 16 • APRIL 2022
provided he or she meets certain requirements, including from taking any action that implies a license holder who is taking a training course approved by DPS. Tex. Gov’t Code carrying a handgun is prohibited from entering or remaining §§ 411.172(a), 411.174. A person who obtains a license from on the premises of a place owned or leased by a city unless DPS can carry a handgun either in a concealed manner or the license holder is prohibited from entering that place openly in a holster. The licensed carry program is governed under Texas law. Id. § 411.209(a). by Subchapter H, Chapter 411, Government Code. A resident of Texas or a person licensed to carry a handgun A license to carry provides benefits to the license holder, may file a complaint with the attorney general if a city is including things like: (1) state reciprocity; (2) the license wrongfully excluding a license holder. Id. § 411.209(d). Once is a valid form of voter identification; and (3) skipping a the attorney general receives a complaint, the attorney background check when purchasing a firearm. See Tex. general must investigate the complaint to determine if Elec. Code § 63.0101(a)(5); 18 U.S.C. § 922(s)(1)(C). legal action is warranted. Id. § 411.209(f). If legal action is Q What is the role of the attorney general in warranted, the attorney general must first provide the city with written notice that: (1) describes the violation; (2) states handgun regulation relating to cities? the amount of the proposed penalty for the violation; and (3) gives the city the opportunity to cure the violation within 15 A The attorney general has the authority to investigate days of receipt of the notice so as to avoid the penalty. Id. complaints against cities for wrongfully excluding license holders and to seek civil penalties against cities for those If the city does not cure the defect within the 15-day grace violations. Tex. Gov’t Code § 411.209. A city is prohibited period, then the attorney general or the appropriate district 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 • 17 • APRI 2022
or county attorney may sue the city to recover civil penalties Pursuant to Section 30.06, Penal Code (trespass in the amount of: (1) not less than $1,000 and not more than by license holder with a concealed handgun), a $1,500 for the first violation; and (2) not less than $10,000 person licensed under Subchapter H, Chapter and not more than $10,500 for the second or a subsequent 411, Government Code (handgun licensing law), violation. Id. §§ 411.209(b); 411.209(g). Each day of a continuing may not enter this property with a concealed violation is a separate violation. Id. § 411.209(c). handgun Q What notices relevant to cities address the Id. carrying of a handgun? Section 30.07 contains similar requirements. The sign must A Three relevant sections of Texas law address notices be posted in a conspicuous manner in contrasting colors related to the carrying of a handgun: with block letters. Tex. Penal Code § 30.07(c)(3)(B). The sign must include the following language in both English and 1. Section 30.06(b) of the Penal Code (Trespass by License Spanish: Holder with a Concealed Handgun); 2. Section 30.07(b) of the Penal Code (Trespass by License Pursuant to Section 30.07, Penal Code (trespass Holder with an Openly Carried Handgun); and by license holder with an openly carried 3. Section 411.207(c)-(d) of the Government Code (Secured handgun), a person licensed under Subchapter Area of a Law Enforcement Facility). H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a Sections 30.06 and 30.07 of the Penal provide that a license handgun that is carried openly holder commits an offense if the license holder carries a handgun in a concealed manner or openly in a holster, Id. respectively, onto the property of another who has posted notice prohibiting the carrying of handguns on the property. Section 411.207 of the Government Code requires a city to Tex. Penal Code §§ 30.06(a), 30.07(a). However, unlike a prominently display at each entrance to a nonpublic, secure private person, a city may not prohibit, under either section portion of its law enforcement facility a sign that gives 30.06 or 30.07, armed licensed holders from entering onto notice in both English and Spanish that a peace officer may property the city owns or leases unless section 46.03 of the temporarily disarm a license holder when the license holder Penal Code criminalizes the carrying of a handgun at the enters the nonpublic, secure portion of the facility. Tex. Gov’t specific property. Id. §§ 30.06(e), 30.007(e); Holcomb v. Waller Code § 411.207(c). The sign must appear in contrasting colors County, 546 S.W. 3d 833 (Tex. App. – Houston [1st Dist.] March with block letters at least one inch in height and displayed 15, 2018, pet. denied). Part 2 of the Q&A will address more in- in a clearly visible and conspicuous manner. Id. State law depth areas in which carrying of a handgun is criminalized doesn’t provide any specific language for the sign. under Chapter 46 of the Penal Code. Sign placement for the areas most relevant to cities will be To be effective, the section 30.06 notice must be on a addressed in Part 2 of the Legal Q&A which will be published sign posted on the property in contrasting colors with in the May 2022 issue of Texas Town & City. H block letters at least one inch in height and displayed in a conspicuous manner. Tex. Penal Code § 30.06(c)(3)(B). The sign must include the following language in both English and Spanish: TEXAS TOWN & CITY • 18 • APRIL 2022
2022 ANNUAL TML TAXATION AND DEBT SURVEY RESULTS ARE AVAILABLE The Texas Municipal League’s annual survey of municipal tax and plant or property whose revenues are pledged. Such bonds are debt is complete for the 2021-2022 budget year, and results are called “first mortgage revenue bonds.” now posted on the Texas Municipal League (TML) website at www. Certificates of obligation are a financing mechanism a city may tml.org under “Resources” and then “Surveys.” If you have difficulty use to pay a contractual obligation incurred in: (1) a construction accessing this information, please call the TML office at 512-231- contract; (2) the purchase of materials, supplies, equipment, 7400. machinery, buildings, land, and rights-of-way for authorized needs and purposes; or (3) the payment of professional services, This year, 236 cities responded to the survey (1,222 surveys were including services provided by tax appraisers, engineers, distributed). Please keep in mind that all data in this survey are architects, attorneys, map makers, auditors, financial advisors, and self-reported, and TML cannot be responsible for errors made by fiscal agents. the reporting entities. Tax notes (also called “anticipation notes”) are a debt instrument The following information may be helpful when you review the that a city may sell to finance the construction of public works; survey results: to purchase supplies, land, and rights of way for public works; to pay for professional services; to pay operating expenses; or to pay Limitations on Municipal Tax Rates off cash flow deficits. Tax notes used to pay for public works or professional services must mature before the seventh anniversary Municipal property tax rates are limited by the Texas Constitution after the notes are approved by the attorney general. Tax notes (Article XI, Sections 4 and 5) and state law. Municipal tax rate used to pay operating expenses or to fund a city’s cumulative cash ceilings are as follows: flow deficit must mature before the first anniversary after the notes • Cities of 5,000 or less in population (other than Type B general are approved by the attorney general. law cities and some Type C general law cities) can levy a Tax rate is the rate at which taxes are levied per $100 of assessed maximum tax rate of $1.50 per $100 assessed valuation. valuation. In Texas, the ad valorem tax rate for local governments • Cities over 5,000 in population (other than Type B general is expressed in terms of dollars or cents per $100 of assessed law cities) can levy up to $2.50 per $100 assessed valuation. valuation. For a home rule city, a rate lower than $2.50 per $100 may be prescribed under the city charter. When viewing the survey results online, the following key to • Type B general law cities can levy a maximum of $0.25 cents municipal utilities and facilities referenced in the survey may be per $100 assessed valuation. helpful: H • Type C general law cities with a population of 201 to 501 inhabitants may levy a maximum tax rate of $0.25 per $100 assessed valuation. Other Type C general law cities may levy a Key to Municipal Utilities and Facilities maximum tax rate according to population as detailed above. Key to Municipal Utilities and Facilities AM—Auditorium; AP—Airport; C—Cemetery; CE—Civic/ AM—Auditorium; AP—Airport; C—Cemetery; CE—Civic/ Definitions of Terms Used in the Survey Community Center; DR—Municipal Drainage Utility Fee; Community Center; DR—Municipal Drainage Utility Fee; E—Electric System; FG—Fairgrounds; GC—Golf Course; General obligation bonds are bonds that are secured by a pledge E—Electric System; FG—Fairgrounds; GC—Golf Course; GS—Gas System; H—Hospital; HR—Boat Harbor; J—Jail; of the full faith and credit and the taxing power of the issuers. The GS—Gas System; H—Hospital; HR—Boat Harbor; J—Jail; L—Library/Museum; LK—Lake; M—Market; MB—Municipal term is synonymous with the term “tax-supported.” L—Library/Museum; LK—Lake; M—Market; MB—Mu- Building; P—Parking Lot; PH—Public Housing Units; PK— nicipal Building; P—Parking Lot; PH—Public Housing Parks and Recreation; S—Sewer System; SC—Senior Cen- Revenue bonds are special obligations of the issuer (as opposed Units; PK—Parks and Recreation; S—Sewer System; ter; SL—Solid Waste Disposal System; SP—Swimming Pool; to general obligations) that are payable solely from the revenues SC—Senior Center; SL—Solid Waste Disposal System; T—Transit Bus System; TB—Toll Bridge; W—Water System; derived from an income-producing facility. Revenue bonds are SP—Swimming Pool; T—Transit Bus System; TB—Toll ZO—Zoo; ZZ—Other sometimes further secured by a first mortgage on the physical Bridge; W—Water System; ZO—Zoo; ZZ—Other TEXAS TOWN & CITY • 19 • APRI 2022
Trust him?..... TEXAS TOWN & CITY • 20 • APRIL 2022
DO YOU KNOW EVERYTHING YOU SHOULD BEFORE BUYING ELECTRICITY? ........Or us? Not-for-profit TCAP is pleased to offer this FREE educational brochure to help de-mystify buying electricity in Texas’ complex deregulated market—especially now in the face of changing legislation due to last year’s devastating ice storm. It covers a broad range of behind-the-curtain tactics many for-profits employ. This is indispensable knowledge you will want to be armed with before deciding whom to trust as a partner for your community’s power needs. Topics include: Retail Electric Providers, TDSPs, Brokers, Aggregators, Purchasing Co-Ops, RFPs, For-profits, Not-for-profits, $/kWh, ERCOT usage patterns, and more. See why we say we’re all about saving Texas cities money—even those that are not a part of the TCAP family. To get your free copy go to this link: https://tcaptx.com/energy-resources. tcaptx.com 972 764 -3136 TEXAS TOWN & CITY • 21 • APRI 2022
UNIQUE AND INNOVATIVE PARTNERSHIPS PAVING THE WAY TO LOCAL RECOVERY AND TOURISM SUCCESS By Rose Jordan Director of Tourism and Marketing Mineral Wells Area Chamber of Commerce & CVB It is always fun to get a call from another community asking us The same vision, passion, and unity that started Mineral Wells’ to share how we got here. Here being a growing and thriving renaissance has led to several creative partnerships that not only community after so many years of decline. help the new businesses thrive but also create a unique experience for locals and tourists. Mineral Wells was once known as “America’s Great Health Resort,” drawing both the rich and famous and everyday families in droves, The Market at 76067 and Coffee & Cocktails at 76067 were among all for the “healing” waters. But in the early 1970s, the United States the first and most visible indicators that Mineral Wells was making Food and Drug Administration decided we could no longer claim a comeback. Owners Misty and Randy Nix purchased three our waters had healing properties. About the same time, Fort historic, adjoining buildings at the main intersection downtown, Wolters, the military base, was decommissioned. Almost overnight, one of which had been empty for years. With an eye on preserving the community went from buzzing to sleeping. the historic character while bringing modern style, they renovated the three spaces to become a multi-vendor retail experience and Then, in the fall of 2018, Mineral Wells started coming back to life. a high-end drink spot. Very visibly and quickly, especially in the downtown area. Historic buildings that sat empty or were used for storage for many years “The idea started with going to my 12 favorite shops and bringing were cleaned out and filled with new businesses. Things were them into The Market. They would have little shops within The happening and people noticed. Market without looking like booths. We wanted the look and feel of Anthropologie,” Misty Nix shared. It was a successful idea that So, what happened? Why now? attracted many vendors, both local and non-local. The answer – well, it is a true community effort fueled by The Market now has more than 160 merchants of which 75 percent passionate, visionary community leaders coming together with are local. In fact, after a bit of research, they discovered that at least a plan to revitalize Mineral Wells. Today, more than 40 historic 30 vendors are currently generating enough revenue to be able to downtown buildings have been revived, including the Crazy Water support their families solely from sales made at The Market. Hotel. The famous Baker Hotel is also undergoing restoration and is set to reopen in 2024. Though having a retail shop made of multi-vendors is not a new concept, it is worth mentioning because of how successful it TEXAS TOWN & CITY • 22 • APRIL 2022
One of the most innovative partnerships comes from Rickhouse Brewing. Though they will not open for a couple more weeks, owners Brian Miller and Alan Clarke have some exciting collaborations planned. Located on the first floor of the Crazy Water Plaza (formerly Crazy Water Hotel) they will have QR codes in the hotel rooms, at each station of the salon and spa (also located in the Crazy Water Plaza), and each table in the hotel lobby. Guests will be able scan the code, open a tab, and place an order with Rickhouse Brewing. The order will then be delivered to the guest at the location from which they ordered. Taking the concept another step, Miller and Clarke have partnered with Crazy 8’s Sports Bar & Grill, just a couple blocks away, to add select food items to their menu. “We’ll do anything that makes has been. But the partnership beyond the vendors is even more sense,” Miller said as he explained the plans with the neighboring impressive. Nix reached out to the other shops downtown and restaurant. “There’s no need for us to carry a full menu and we asked them to bring some of their merchandise to The Market. won’t prepare or touch the food at all.” “I don’t want to compete with anybody,” Misty Nix said. “I want to A selection of the restaurant’s menu items will be available for make sure we all thrive.” brewery guests to order. Their food order will be added to their Clothing and apparel from The Kraze, home goods and dips from beverage order and the food portion will automatically print at Brazos Market & Bistro, pies and baked goods from a local baker, the restaurant. Then, Crazy 8’s will prepare the food as a to-go Crazy Water – the list continues. Even the luxurious lighting they order and deliver to guests at Rickhouse Brewing. installed is available to order from partner lighting companies. Increasingly, local business owners are embracing a “what’s good Another great example is Magpie Inn, a bed and breakfast in the for all” business model. Whether it is simply referring customers downtown area. Owner and chef Magen Desnoyers believes in to other businesses or creating partnerships like those we have focusing on what she does well – hospitality and cooking – and just shared, the benefits are clear and enjoyed by the whole then finding others who do what they do well to help her run a community. successful inn. When considering whether other businesses could profit from “It’s something I’m very passionate about,” Desnoyers said. “One of these kinds of collaborations, Desnoyers from Magpie Inn told us, our core principles is luxury and quality from check-in to check- “It does not cost that much more, but it makes a big difference. out. We do that by partnering with local businesses whenever we It makes a better guest experience and it’s all of us supporting can.” each other.” Without knowing it, guests of the inn are completely immersed Additional benefits include: in Mineral Wells from the moment they enter. Fresh flowers from • Ensuring that all our local businesses thrive. The Flower Shop at 76067 adorn the dining table and every guest room. Morning coffee is a Papua New Guinea blend from You Maka • Allowing each business to focus on their strengths Me Hot Coffee. Crazy Water is in every room and cooked into every while still increasing their offerings. meal. “If a recipe calls for water, I use Crazy Water,” Desnoyers shared. Branded Magpie Inn apparel is from Allstar Apparel and • Improving guest experience which results in more other souvenir merchandise is custom made by Bryton + Co. DIY time and money spent at your destination. Craft Studio, both local businesses. • Creating cross-promotion opportunities that increase The list continues, but one of the most fun collaborations finds the reach of every participating business. Desnoyers teaching cooking classes at Coffee & Cocktails at 76067. Most classes include a two- to three-course meal and sometimes How did we get here? Together, with everyone working toward a mixed drink. Not surprisingly, the classes usually sell out. the good of the community rather than just themselves. H TEXAS TOWN & CITY • 23 • APRI 2022
By Chris Ruggia, Director of Tourism, City of Alpine Carolyn Morehead / visitalpinetx.com PHOTO CONTESTS: GRANDMA’S RECIPE FOR “USER GENERATED CONTENT” CAN STILL WORK By Chris Ruggia, Director of Tourism, City of Alpine User generated content (UGC) is a major buzzword in the networks Sometimes, though, the old tried and true methods can still pay of destination marketing organizations. Travel marketers have off, even in a new era. For the last 11 years, Visit Alpine, has followed always known the power and value of the stories that customers a simple recipe for a classic photo contest: offer a generous cash share with their friends and families about the places that they visit. prize in exchange for reasonable usage rights for all of the entered And as social media has matured and become such an integral part photos. of our relationships, there has been an explosion in the amount, quality, and accessibility of images and stories people share about The #AlpineTXPhoto Contest began in 2011 to create added value their travel experiences. from a photography symposium at Sul Ross State University. By 2013, the contest had outlasted its parent event and has continued All of this social sharing has led to a generation of new businesses, without interruption through 2021. techniques, and technologies aimed at helping destinations collect and capitalize on all of the compelling UGC flooding the As a result, Visit Alpine has received the use of thousands of high- various social networks. quality photographs. The money spent on cash prizes over that TEXAS TOWN & CITY • 24 • APRIL 2022
Alex Pérez / visitalpinetx.com time would only license a small handful of images from a high-end professional photographer. The Recipe The contest is completely online. Photographers fill out the entry form and upload their image files on the visitalpinetx.com website. The contest opens for entries in early summer and the deadline is September 30 every year. To sidestep having to answer any questions about why someone didn’t win a prize, Visit Alpine has never handled any of the contest judging. A different Big Bend area photographer is recruited as the contest judge each year, which provides an opportunity to promote the local arts community. Visit Alpine processes the entries and creates a private web page for the judge. This procedure takes about a month, usually finishing at the end of October. On the judge’s page, the images are presented anonymously and selections can be made for semifinalists and finalists. David Winslow / visitalpinetx.com TEXAS TOWN & CITY • 25 • APRI 2022
Rachael Waller / visitalpinetx.com Carolyn Morehead / visitalpinetx.com After sorting out the semifinalists and finalist on the web page, the Charity Peña / visitalpinetx.com judge sends Visit Alpine the top five winners with a short statement The contest brings in an average of 400 photographs each year, about each. The judge usually has two weeks to complete his or easily providing enough quality images for daily social posting, her work, with a goal of announcing the winners by the weekend even after setting aside some of the less compelling entries. This before Thanksgiving during Artwalk, Alpine’s biggest annual arts continual source of images has served as the anchor for Visit event. Alpine’s Facebook, Instagram, Twitter, and Pinterest feeds for over a decade. The first award winner receives a $500 prize, the second winner receives $100, and the third, fourth, and fifth receive $50 each. The The contest rules also place a minimum resolution requirement judge receives a $350 stipend. Promotion costs for the contest to be eligible for the top two cash prizes. This ensures that most are modest: a local newspaper ad or two, a few posters, a postcard of the entered photographs can be used in print promotions as handout, and a small social media ad budget are the only expenses. well. It is quite rare for a contest photo to be used as the central A mailchimp email list of previous entrants reminds photographers image for a print advertisement – the exact balance of content, of the deadline and encourages repeat participation. composition, and message needed for those signature images still usually requires a commissioned photograph – but contest photos The Results are perfect for magazine photo requests, illustrating a brochure, or Visit Alpine shares the contest winners with local and regional for smaller inset photos on a large print ad. media each year, which is a promotional benefit in itself, but the biggest value by far is a deep library of photography with very few So for a modest investment of $1,500 or less in hotel occupancy usage limitations. tax funds each year, Visit Alpine has gradually built an invaluable photo library of desert mountain landscapes, community events, Contest rules allow all entered photographs to be used for tourism downtown businesses, ranch scenes, snow-covered vistas, and promotion without time limits or other common restrictions that more. The good old Photo Contest: a classic recipe that keeps on can come with commissioning professional photography. Credit to working. H the photographer is always included whenever space permits, and every attempt is made to ensure that the photographers are not exploited by overuse of any one image. TEXAS TOWN & CITY • 26 • APRIL 2022
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