Disannex or Not?

Following through on a campaign promise to aid certain River Place Municipal Utility District (MUD) residents in their quest to avoid annexation by the city of Austin, District 6 Council Member Don Zimmerman hosted a panel of legal experts to discuss the possibility of disannexation Wednesday night (April 6) at the River Place Country Club.

Annexation is the process by which cities take control of nearby areas and integrate them into their basic services and infrastructure. River Place is just one of many MUDs in the state furious at the thought of annexation and looking at their options.

Don Zimmerman (Photo by Nina Hernandez)

Zimmerman has been a homeowner in Canyon Creek since 2000, and rose to prominence in fighting that development’s taxation by the city. He’s now the treasurer of the RiverPlace Disannexation PAC, a position he told the Chronicle he volunteered for.

Zimmerman is also backing a candidate for the upcoming River Place MUD Board elections in May. The board is the the MUD’s governing body. It’s the first contested race in River Place since 1996. The current president, Pat Reilly, said the annexation process began back in 2008. A year later the MUD board signed a strategic partnership agreement (SPA) with the city agreeing to give over control of its water and wastewater facilities and become a limited district until December 2017 – at which point River Place becomes a part of Austin.

Photo by Nina Hernandez

That’s why Zimmerman’s legal experts, while knowledgeable in the area of annexation, could not give specific advice on how the neighborhood might proceed. They did agree that any course from here will cost thousands of dollars and political capital that the residents currently don’t have. “These fights are never easy,” said attorney Roger Borgelt, detailing how Local Government Code Chapter 43 on municipal annexation is "stacked" in the city's favor.

Further complicating their options is the possibility of incorporating into its own city, which some community members have supported. The tone in the room quickly soured on that when the costs of running a city were laid out: roads and other basic infrastructure, street lights, and emergency services – specifically police. River Place would most likely need to build a broad coalition of other nearby developments to make that feasible.

Reilly and the rest of the current board are in a precarious position because, while they’ve been representing the community thus far, some homeowners are resentful of the agreement the board signed with the city. Reilly tried to answer questions and clarify misinformation at the meeting, but can’t support the idea of disannexation because it could put the agreement – which involves neighborhood squabbles like trail and park maintenance – in danger.

Scott Agthe's yard sign (Photo by Nina Hernandez)

“Nobody wants to be annexed, but we have to defend to protect what we’ve negotiated with the city, because if we don’t, everything goes away,” Reilly said.

Board candidate Scott Agthe said he was asked by Zimmerman to run. If he’s elected, he will use every legal means available to fight the city – whether it be stall tactics, lawsuits, or incorporation. In response to criticism that he’d be a one-issue candidate, Agthe insisted he’ll be a comprehensive member. “Even though I’m running on what seems like a one-horse [platform], I would be a responsible director on the board."