AnnexationOver the last year, I have watched a debate take place between the City of College Station and the community of Wellborn. My opinion on the issues surrounding this debate has changed with the evolution of the debate. I have found myself in equal measures disappointed with the manner in which the College Station City Council has handled the issue, as well as with the manner in which the Citizens for Wellborn have argued their position. It seems as those both sides have been so absolutionist in their particular positions that they have been unable or unwilling to reach some kind of compromise with each other. There are any number of solutions that would require both sides of the debate to compromise, but because of the actions of both sides it seems that any compromise solution is out of reach. It is with this in mind that I have decided to share my position on this issue, and also on the issue of the recall campaign.
I am against the annexation of Wellborn by College Station. While the argument against annexation made by the Citizens for Wellborn has focused on their property rights and their right to self determination, that is not the main reason for my position. But I will address this argument later. The main reason I am against the annexation of Wellborn by College Station is because I believe that it is simply bad public policy. Over the last several decades College Station has aggressively expanded through annexation to accommodate the demand for further development. This expansion seems to have been much more about accommodating developers than it has been about what is best for the long term interest of the city and residents of College Station. Expanding too far too quickly stretches core services, which leads to higher cost. This also leads to suburban sprawl, which leads to problems such as higher per-capita use of energy, land, and water; low diversity of housing and business types; and inflated costs for public services.
If College Station were to annex the community of Wellborn, it will likely cost College Station taxpayers more to provide services to (regardless of any internal numbers the city may claim) than the area will bring in through in ad valorem tax revenue for years.
The Bryan-College Station Eagle reported that a report was presented to the College Station Planning and Zoning Commission that estimated that College Station would receive $297,000 each year in new revenue from sales tax, property tax and utility payment, and that the cost of extending services to the new citizens would be about $157,000 a year which would lead to a $140,000 profit. However, the city staff even acknowledged that the estimate was unfinished and annexation could cost more than the report indicated. Mike McCleary, a Justice of the Peace for Brazos County Precinct 1,
noted in an interview with KBTX Channel 3 that in studying the cost to College Station of annexation that “the figures I'm coming up with are going to be close to $14 million and if you amortize that over ten years you're looking at $1.5 million a year, not $157,000.”
The arguments of the Council members that support the annexation of Wellborn by the City of College Station seem to be based more on hypothetical situations than they do on public policy realities. There seems to be an assumption that if College Station does not annex Wellborn that the residents will incorporate. While an outspoken group of residents has professed the desire to incorporate, it is unclear (despite their claims of speaking for the entirety of the community) that if given the opportunity the whole of the residents of Wellborn would vote to incorporate. There is also the argument used by Council members in support of annexation that if Wellborn does incorporate that it will lead to conflicts with College Station that would add an extra burden to the City of College Station. Yet, that burden exists between the City of College and the City of Bryan, and while the cities have had their conflicts they have worked together remarkably well. Why would this goal not be achievable with a much small city of Wellborn?
Something that is often assumed by those that support annexation is the inevitability of growth. It is assumed that College Station will continue growing further south, and that developers will continue to build more and more subdivisions. It is as if there are those that have completely ignored any lessons from the financial crisis and the housing bubble. Not to mention the fact that growth for the sake of growth is not a sound public policy for the City of College Station to follow.
Former Mayor Ben White noted during a debate with current Mayor Nancy Berry, that a consultant had presented the City Council with a report that College Station could grow to a population of 125,000 without annexing another acre of land.
As to the argument made by the Citizens for Wellborn that this is about their property rights and their right to self determination, they are in a sense correct. However, their rights are not being infringed upon by the College Station City Council, who, whether you agree or disagree with the Council’s approach to public policy, is following current law. If the residents of Wellborn property rights and their right to self determination is being violated, then it is being violate by Texas state law. The laws governing extraterritorial jurisdiction (ETJ) where designed to prevent an unincorporated area with no sense of community form forming a municipal government to thwart the aims of a larger nearby municipality.
The Citizens for Wellborn should have taken a much longer view of their situation, and should have began the process years ago to begin lobbying for real ETJ reform in the state legislature. While comprehensive ETJ reform would likely be fought against by the powerful Texas Municipal League, it would garner support from legislatures from rural districts and if approached right could garner support from other lawmakers. Instead, the Citizens for Wellborn and their supporters have pinned their hopes on House Bill 107 that was filed by Representative Fred Brown, and has yet to be even referred to a committee. This bill would require an election before certain municipalities are allowed to annex adjacent territory, and if the election fails the municipality has to wait five years before it annexes the territory. This basically means that if a community is unable to protect itself through incorporation, for example if it happens to be in the ETJ territory of another city, that that city could annex the community five years later despite the election. If passed without amendment in committee or on the floor, this piece of legislation is rather toothless when it comes to preventing annexation.
Before I conclude, I wanted to touch on the rhetoric which both sides have used in debating these issues (including the issue of the recall campaign that I will also be addressing). While it is understandable that emotion will color language and that it is often difficult to listen to our better angels, it is important to remember that the rhetoric used in presenting your argument also often determines how others will perceive the validity of that argument. While the College Station City Council has not explicitly used incendiary rhetoric or language, often the manner in which manner members of the Council have conducted themselves has appeared to be arrogant and dismissive of the concerns of the Citizens for Wellborn. Members and supports of the Citizens for Wellborn have used rhetoric that is inappropriate and examples that comparable to their particular perceived struggle. Dr. Gary Potter called the College Station City Council liars and elitist, Mary Ann Nagyvary compared the conflict to slavery and said that College Station was “rapping” Wellborn, and Timothy Delasandro compared the conflict to the Revolutionary War and to the revolutionary events in Egypt. Needless to say, the Citizens for Wellborn have legitimate concerns and they have not been enslaved by a repressive regime.
The annexation of the community of Wellborn should be opposed because it is bad public policy, and the situation that the community of Wellborn faces cannot be solved without comprehensive ETJ reform.
RecallThe issue of the annexation of Wellborn is in many ways not simple and clear cut, and that combined with the actions of both sides of the debate made it difficult for me to take a position. However, despite my differences with those on either side and my criticisms of what I believe is the substance of their arguments, I believe that for the most part they have authentic views that come from genuine beliefs in what is right for each of their communities. The campaign to recall five College Station City Council members however smells of political opportunism, and a cynical ploy to abuse the democratic process.
Those behind the recall campaign are using the possible annexation of Wellborn as a flash point to fight the same old political battles of the last few years. The proposed convention center, the proposed city hall expansion, the water feature, and the planting of trees are all on the list of complaints. Like critics of state and federal spending, the critics of College Station spending often focus on expenditures that when taken into context of the entire budget are relatively minor. The $233 million budget of College Station, which has increased by nearly $85 million since 2003, has since a tripling of the cost of public utilities in the last decade from $36 million in 2001 to nearly $100 million in 2011. The often complained about Parks & Recreation budget has remained at nearly the same as a percentage of the budget (3%) over the last decade. While critics have a right to be concern about the manner in which their tax dollars are being spent, non-existent convention centers and water features are not the reason for the increase in the size of the city budget.
Councilmember Jess Fields, one of the two council members not targeted for recall,
said in an article in the Bryan-College Station Eagle that "I don't like that folks feel like they have to use a really big hammer to do something, that, frankly, we don't even know what the cost of it is yet. And we haven't even gone through the process. I'm a little disturbed by the decision, to be honest with you." Fields went on to say the recall of so many council members would hurt the city's ability to operate, including continuing with development options, ratifying zoning changes and approving any contracts for more than $50,000, which the city can't do without the council's approval. "I'm opposed to the annexation, but I just don't think this is the right way to go about it. If I were them I sure as heck wouldn't have done it."
During this entire ordeal, but throughout the conflict between College Station and Wellborn and the recall election campaign, I have constantly heard the claim from either side that they speak for the people. It has been my experience that whenever anyway says that they speak for the people, whether it be the people of Wellborn, the people of College Station, or the people of the United States, that the person making that statement is doing so without any real authority to speak for all of the people. The College Station City Council is the voice of the people, and those behind the recall campaign are simply attempting to replace the members of the council with those that they think would be favorable to their political positions. Should there be a recall election any time a group of citizens does not approve of the way a majority of the city council is voting?
The recall election should be opposed because it is not the appropriate response to the current situation, despite what those behind the recall campaign claim to be the voice of the people and whatever perceived injustices have taken place.