From Karen Hall

The following is Karen Hall's response to what was written in the Eagle. You can read a past post in this blog about Karen by clicking here.

Karen's article will appear as a paid ad in the Eagle tomorrow and Sunday.

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. . . the rest of the annexation/disannexation story.

For the benefit of future county residents who find themselves annexed into Bryan, I want to elaborate on The Eagle’s April 29^th article about my issue with the City of Bryan over who is responsible for providing services to the Highway 21 East corridor. Although no one ever used the word “promise,” we were told over and over again that state law required the municipality to provide full services in 4 ½ years. Where I come from, your word is your bond. I am providing only information for which I have the supporting documentation.

On August 27, 1998 (one year before the July 1999 annexation) at a meeting attended by over 100 people, the city discussed the reasons for the annexation. Number three on the list was “To Provide Services...” It was then explained that “...the City at best breaks even between the new tax revenue and the cost of new services provided.” In response to a question from the audience about when we would receive these services, a week later we were provided this response in writing.

“Under state law, the City must prepare a ‘service plan’ that provides for the extension of municipal services to the area to be annexed, using the same method by which it extends the services to any other area of the municipality. The service plan must include a program under which such services are provided within 4 ½ years after the effective date of annexation...”

We were also provided a copy of the state law, which says:

“The service plan must include a program under which the municipality will provide full municipal services in the annexed area no later than 4 ½ years after the effective date of annexation...”

If the newly annexed residents are responsible, why would the Legislature write a statute stating that the municipality will provide full municipal services in the annexed area no later than 4 ½ years?

Public hearings on this annexation were held on June 8 and June 22, 1999. It was stated that no questions would be answered verbally but each question would receive a written response. Dozens of questions were asked about the services – which ones we would receive and when we would receive them. At the June 22^nd public hearing, one audience member questioned the lack of fire hydrants in the annexed area and the Bryan Fire Department’s inability to fight fires in such areas. In response Council Member Kandy Rose asked the mayor the following question. This is a transcription from the video-tape of that meeting:

“There seems to be a great deal of misinformation about services that the City would be providing. Could we ask the City Manager [Mike Conduff] to make sure that in the questions that Mr. Dunn will be supplying that that particular issue is going to be addressed? I’m really concerned about the misinformation.”

This is the answer we received in the mail. Look familiar?

“Under state law, the City must prepare a ‘service plan’ that provides for the extension of municipal services to the area to be annexed, using the same method by which it extends the services to any other area of the municipality. The service plan must include a program under which such services are provided within 4 ½ years after the effective date of annexation... ”

And the Bryan City Attorney wonders why we thought we would receive services! I wonder why no one responded to our continuous questions about services with, “You will not be provided services. You will pay for them.” They are having no trouble saying that now.

The City Attorney’s statement in the article that, “no resident living within the city limits is given utility extensions for free” is beyond disingenuous. The city has used bond monies numerous times in the past to provide services to developed areas. I was provided information, by the City Attorney, for several areas including Sandy Point Rd. and Leonard Rd. where bond monies were used. In Castle Heights a combination of bond monies and grant monies were used.

Highway 21 East is fully developed and has been annexed over 7 ½ years. It still has no sanitary sewer or fire hydrants. The City of Bryan’s service plan says “...the City of Bryan will provide the newly annexed areas with the same type, kind and quality of services currently enjoyed by the citizens of Bryan who reside in areas with similar physical and development characteristics.” The City Council refuses to follow state law or their own service plan.

The laws governing annexation and disannexation require municipalities to, among other things, “perform in good faith.” This council is unable to grasp the meaning of that phrase. It is time for a new mayor and new council members; members that reflect the morals of our community.

Updates will be posted on the Politics on the Brazos blog at http://polbrazos.blogspot.com/. Anyone without access to the Web can contact me at 589-2920. Questions and comments may be directed to me by phone, email (karenhall@msualum.com), or posted on the Politics on the Brazos blog.