Former San Marcos Mayor Explains How Annexation Impacts Property Owners

Dr. Habingreither noted that his purpose was to provide for an equitable procedure of annexation for property owners as well as the City, and he learned a lot about municipal development through this experience.

By, Jason Scalise – Exclusive to Corridor News

Annexation is a normal and necessary process for cities to expand, but property owners may find that the process could alter some of the benefits which drew them to the area in the first place.

Annexation brings city taxes, municipal utilities which may differ from current services and new regulations such as fireworks, burn bans and limitations on development.

A city’s or county’s goal in annexing unincorporated land is to increase its tax base to generate revenue.

In exchange, they are obligated to provide services such as wastewater, electricity, trash, as well as police and fire protection. However, some of these services may not fulfill the needs of the neighborhood or community.

If residents have already installed costly septic systems, for instance, the city may still require a homeowner to pay for a municipal wastewater connection. Yet this service wouldn’t be needed by the homeowner.

The package of services and fees, including taxes and regulations associated with an area’s incorporation into a municipality is often not set in stone.

According to Dr. Robert Habingreither, Associate Dean of the College of Science and Engineering at Texas State University, property owners should decide among themselves, preferably in a democratic and unified fashion, what would work best for their neighborhood and should actively engage in the process at annexation hearings.

Dr. Habingreither has personal experience with the annexation process. In 2001, the City of San Marcos was attempting to annex his neighborhood of Willow Creek.

The Willow Creek homeowners organized to contend with the city’s handling of the process, and Dr. Habingreither later ran for Mayor and won (2002-2004).

In an interview in 2009, Dr. Habingreither stated the reason for his mayoral run, “I did it because I had issues with the way the city was run. And I think that most people – especially (those) that run for a mayoral office – run because they’ve got their eyes on something else.”

In a recent interview with Corridor News, Dr. Habingreither noted that his purpose was to provide for an equitable procedure of annexation for property owners as well as the City, and he learned a lot about municipal development through this experience.

Home Rule vs. General Law

There are two types of cities in Texas: Home rule and General law. General law cities have fewer than 5,000 inhabitants and must follow prescribed state law when attempting to expand. Usually, General law cities may only annex land by request of the property owners. About three-fourths of Texas cities are General law.

Home rule cities have a population of at least 5,000 and have adopted a home rule charter, which allows them to expand unless otherwise prohibited by the state.

According to the Texas Municipal League, which handles annexation procedures for Texas cities, Home rule cities may annex without consent of residents, as long as the charter provides for it: “The inherent power to unilaterally annex adjoining areas is one of the most important home rule prerogatives.”

To annex ‘unilaterally’ means that the city can bring an “adjacent, unincorporated area into the city without the permission of the persons residing in that area.”

Home rule annexation has led to some conflict between property owners and cities. In 1999, S.B. 89 was passed, which added several new provisions to the Texas legal code requiring waiting periods and arbitration in certain circumstances.

Read San Marcos’ City Charter rules on Annexation: City of San Marcos- City Charter ARTICLE II. – POWERS OF THE CITY, Sec. 2.03. – Extension or detachment of boundaries and Sec. 2.04. – Limited purpose annexation.

This year, State Senator Donna Campbell (R-New Braunfels) introduced SB 715, the Texas Annexation Reform Act, to require the consent of the majority of registered voters in a proposed area for annexation, and to streamline the process for landowners requesting annexation.

The bill ultimately failed to pass. Opponents said it did not allow planning regulations for land around military bases. Campbell has said she will continue to pursue the issue.


 

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