Published Sunday, April 12, 2009 6:09 AM
Enchanted Oaks residents say they'll fight Bryan's annexation proposal
By CASSIE SMITH
cassie.smith@theeagle.com
Enchanted Oaks resident Herb Gersbach meets with neighbors on his front porch to decide how to keep the city of Bryan from annexing more than 6,000 acres, which includes their homes.
Brazos County residents in the Enchanted Oaks subdivision, which is just outside the city limits, said they plan to fight Bryan's proposal to annex their land.
Residents in Bryan's extraterritorial jurisdiction -- which represents the city's potential growth boundary -- said annexing their property will bring another tax to pay without offering any additional services.
Mayor Mark Conlee said expanding the city limits is needed to allow for more housing and retail opportunities.
Council members voted 5-2 on March 24 to begin the six-month process of holding public hearings and crafting an ordinance to annex five areas, totaling about 6,660 acres.
Enchanted Oaks resident Herb Gersbach said a petition being passed around the rural subdivision that's at least 30 years old challenges the city's argument that annexation protects the gateways to Bryan and controls development.
Gersbach said he's spreading the word about the city's plans with the hope that mobilizing against the effort will keep the issue from moving from the Planning and Zoning Commission on up to the City Council.
Mayor Pro Tem Jason Bienski and Councilman Mike Southerland voted against the city's proposal, saying new services won't be provided so it's of no benefit to the residents to be annexed into Bryan.
Senior planner Martin Zimmermann said landowners in the proposed annexation areas with agricultural management exemptions can opt out of becoming city residents if they promise not to construct buildings that require permits.
Zimmermann said the city mailed out the agreements in July to the 152 who qualify for the exemption and received 92 back so far.
The city formally will notify the residents within the next three weeks about its proposed annexation.
The dividing line
The most high-profile annexation fight in recent memory involved Karen Hall, who owns property on Texas 21. She sued the city in 1999 when it attempted to annex about 6,000 acres. Her battle lasted eight years, and she lost. Hall argued the city had not met its "moral obligation" to provide sewer extensions and other services, even though annexed residents had to pay property taxes.
Hall's petition was denied by the Texas Supreme Court in 2007, and city officials maintained that residents who are annexed should not be given free utility extensions.
Conlee said he wanted to put the latest issue on the May ballot -- so residents could vote on it -- but didn't think about it until it was too late.
He disputes claims made by those against annexation, saying they will receive the full benefit of the police and fire departments, as well as code enforcement and other services, he said.
When annexed residents voice concern about not getting services from the city, Conlee said, the complaints typically are focused on the lack of sewer and wastewater services. He said cities across the state don't provide those services when annexing land.
The reason is because those types of services operate 100 percent off rates that people pay, rather than property taxes, Conlee said.
"Anybody who does not have wastewater or sewer services will not pay one penny toward it," Conlee said.
In most cases, the city couldn't supply such services even if it wanted to because the areas are supplied by different water systems, Conlee said, adding he didn't have the details for each supply system.
The city doesn't have the capability to run individual lines to all the properties, he said, though if some of the property is worth developing, the case can be made that there will be a big incentive to run a line out there. Still, he said, each person would have to hook up to that line.
"That is confusing, I know, to people," he said.
Gersbach, 68, said he simply doesn't see a benefit. Rather, he hears only a "big sucking sound" of their tax dollars going to help others.
He says residents in the subdivision already have a choice for garbage -- pay for a service that's not provided by Bryan and is cheaper than the city's use the county drop-off at the landfill. Also, he said, Brazos County sheriff's deputies and constables patrol the area, and the volunteer fire department is closer than any of the city stations.
"This is one royal shafting we're getting," said Gersback, who has lived in Enchanted Oaks for almost 40 years.
Meeting in the middle
Councilman Mike Southerland said annexed residents will get one new thing -- a bill. He agrees with Gersbach that police and fire services are well taken care of in that area, as are options for garbage.
The development agreement that was offered to ag-exempt residents could possibly be modified so it affects more residents, Southerland said. That would allow the city to protect its corridors if something is developed while keeping the residents from paying city taxes if they aren't developed, he said.
"I think we need a solution for both sides," Southerland said. "I can't vote for annexation until we can provide the folks services ... . I don't think that's fair."
Southerland said he was concerned that the annexed areas would be too far for the fire department to be able to keep its three- to five-minute response times.
After living in the subdivision lush with trees and old homes on several acres for about 13 years, Steve Rathbone, 43, said he loves it and that it's peaceful. It's also worth protecting, Rathbone said, adding residents were trying to encourage neighbors to contact planning and zoning staff, as well as council members, about the issue.
Rathbone said the city hoped to annex the area only for tax revenue.
"They're not going to give us anything except a higher tax and more restrictions," Rathbone said.
Laura Ampol-Hall, 50, and her husband, Buddy Hall, 51, said they couldn't think of a reason the city would want to annex an established neighborhood except for the "money signs in their eyes."
Ampol-Hall said they pay county taxes, have a College Station mailing address, get their water from Kurten and now Bryan is trying to annex their land.
The couple said that the city is going to inherent many empty houses if the area is annexed because people will leave. When people move to the countryside, it's because they don't want to be in the city, Hall said.
"They are just going to hurt us, not help us any," Hall said.
In short
The following areas are being considered for annexation by Bryan:
* About 1,200 acres between North Harvey Mitchell Parkway and North Texas Avenue, north of Sandy Point Road.
* About 1,700 acres surrounding the intersection of Texas 47 and Texas 21 and extending northwest from the city limits to Fazzino Lane, Luza Lane, a Union Pacific Railroad right of way and west of Houston Road.
* About 1,300 acres between North Harvey Mitchell Parkway and Texas 47, north of West Villa Maria Road along both sides of Leonard Road.
* About 1,700 acres bounded by the city limits, Old Reliance Road, Merka Road and Steep Hollow Road and extending along both sides of Ethan Lane.
* About 760 acres in a corridor that extends southeast from the city limits at Cole Lane along the north side of Texas 30 for 3.5 miles, to just east of its intersection with Lake Louise Road.
Comments
[comment]
17 comment(s) found!
Posted by:
On:
Monday, April 13, 2009 10:42 PM
Comment Title: Bryan Ghetto life coming soon?
The latest forays into the county areas are from College Station thugs, not Bryan residents.
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Posted by:
On:
Monday, April 13, 2009 10:40 PM
Comment Title:
If they are annexed they are still in the county, dumbass.
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Posted by:
On:
Monday, April 13, 2009 8:15 PM
Comment Title:
If you're not outraged you're not paying attention and can not stay in the county.
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Posted by:
On:
Monday, April 13, 2009 7:57 PM
Comment Title:
Bryan Ghetto life coming soon?
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Posted by:
On:
Monday, April 13, 2009 6:10 PM
Comment Title: Enchanted Oaks
Sorry folks you are about to get the big one with no kisses. Annexation offers nothing of value to you or your property but will allow you participation in Bryan stupidity. Good luck.
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Posted by:
On:
Monday, April 13, 2009 6:07 PM
Comment Title: Big Winner
They already got their money and are not invested any longer. What a joke, good investments a hotel and a private golf course. Next you will see poor maintenance unless the city puts more money in it.
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Posted by:
On:
Monday, April 13, 2009 4:16 AM
Comment Title:
"When combined with the A&M Health Science Center this area of Bryan will be a big winner."----Tax exempt property does not pay for it self until sold and not body is Buying.
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Posted by:
Correct me if I am wrong, but I thought back in th 1980s, On:
Sunday, April 12, 2009 11:50 AM
Comment Title:
If you read the article you will see that Police, Fire, and Environmental services will be provided. What won't be provided is sewer and water lines. You can bet that the City knows what hoops to jump through as they won the suit filed by Karen Hall which went to the Texas Supreme Court. I agree with Southerland and Bienski; however, I'm sure Bryan will be on solid footing if it chooses to proceed with annexation.
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Posted by:
The city of Bryan is heavily invested in Traditions and downtown projects that are in the red for hundreds of millions. On:
Sunday, April 12, 2009 11:41 AM
Comment Title:
I'm not happy about downtown, but this statement is a damn lie. (Pull down the city's financials in PDF files from the city's web site.) I despise the mayor; however, he is not heavily invested in downtown Bryan - he owns the corner of 26th & Main and his sister owns another location. LaSalle is a money losing proposition, Traditions is not. When combined with the A&M Health Science Center this area of Bryan will be a big winner.
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Posted by:
Covered on Paper. On:
Sunday, April 12, 2009 11:27 AM
Comment Title:
Rest assured if you are annexed into the city of Bryan, on paper you will have a police dept, fire dept and a few other services you did not know about.. In actuality there is only 6 officers patrolling the city many times. If there is a major call, which there always is on the west side, all the officers will be there and response time will be over an hour if you need help on the other side. However, feel good that on paper you are covered. Show that to the person assaulting or robbing you and I am sure that they will stop the assault on paper. The police you see in the east side are the ones going home to Copperfield. When the lights go down if you can't protect yourself forget it. The police are too busy trying to save themselves on the other end of town.
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Posted by:
On:
Sunday, April 12, 2009 11:09 AM
Comment Title:
Make no mistake about it the city needs this money. The city of Bryan is heavily invested in Traditions and downtown projects that are in the red for hundreds of millions. Also the mayor of Bryan is heavily personally invested in the downtown area. Your tax money will be used to prop the downtown area up along with Traditions. I have spoken to two councilmen over the last eight months. They have expressed concern over the city finances. The city of Bryan could be most likely in financial peril at this time however, nothing is ever mentioned about the situation until it folds. For example LaSalle and Traditions. The city has approached the county government in an attempt to secure more money for traditions but was wisely denied.
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Posted by:
X-Bryan-Resident On:
Sunday, April 12, 2009 10:49 AM
Comment Title:
COB does not need to add this area. COB cannot police what we have now. These people will be Crime victims once Bryan's crime elements find out this is in and under Bryan's no protection zone. Just ask X-residents of the Tiffany park area what it is like not having police patrol at nights and weekends. The police are on the other side of town fighting crime and under attack by mobs like the bar riot on Texas ave at HWY-21 Xmas night and in the welfare projects of Bryan. This is why TP area had a big turn over 3 years ago with people moving into south CS.
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Posted by:
On:
Sunday, April 12, 2009 10:37 AM
Comment Title: Taxes without Representation
Correct me if I am wrong, but I thought back in th 1980s, the City of Houston tried the same stung with Kingwood residents; and, while it went through, the legislature passed a bill requiring the annexing city to PROVIDE services to that area even if that meant building new fire department and police department facilities. The law is still on the books. The residents need to check it out and the city fathers need to be careful for what they ask for - they will get it but with a price tag.
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Posted by:
Joining the Good life. On:
Sunday, April 12, 2009 10:23 AM
Comment Title: God help you.
Welcome to the Bryan slums and ghettos. Forget about the Police. You may still get CS and Brazos county fire since you are way out. The few cops in Bryan are on the west side of Bryan. En-gauge in criminal combat operations against Bryan's crime hard battle tested, Gang banger and low life's welfare living thugs. Get a gun and prepare to defend yourself and property. You are a long way from the Bryan Police in the west end.
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Posted by:
On:
Sunday, April 12, 2009 8:26 AM
Comment Title: Location - Enchanted Oaks
Enchanted Oaks in on Highway 30 south of Hwy 30/Harvey and north of Hwy 40 (south of College Station. Its located essentially east of College Station's southern edge. Its nowhere near Bryan. To get to Bryan, you'd have to drive north past Harvey, and past University. Can't see how its a "gateway to Bryan" It is so far south of College Station that it is more appropriate to consider its a "gateway to College Station," hence the reason everyone out there has a College Station address.
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Posted by:
On:
Sunday, April 12, 2009 7:29 AM
Comment Title: Where is Enchanted Oaks?
OK. Got it. The City of Bryan wants to expand it's tax base, and several of the council members are against the annexation of Enchanted Oaks. Where is Enchanted Oaks? The artical does not say.
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Posted by:
On:
Sunday, April 12, 2009 6:44 AM
Comment Title:
Well, let's get the other tracts annexed and send out the tax bills while we litigate this one tract.
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