Why Not Sewer?
Although this article was written about a Lucas city council meeting which took place on Tuesday, February 6th, 2006, you can almost just insert "Fairview" or "Parker" wherever you see "Lucas". Most of the land area of these towns do not have sewer either and those cities are also nearing the home rule charter process themselves.
A Brief History of Home Rule Charter
This issue has been brewing in Lucas for about a year and finally came to a head last night. When a town in Texas reaches 5,000 people in size, that city, by law, is given the right to put a vote in front of the citizens as to whether to adopt a stronger form of governing body. This is called a home rule charter. This gives the city elevated powers to make decisions on behalf of the citizens without putting those issues to a citizen vote. Lucas hit 5,000 residents last year. The citizens have already voted down the home rule charter once, but there was another attempt to put the home rule charter vote in front of the Lucas residents this May.
What Happened at last night's meeting
After six months of work, the Lucas city council decided to disband the home rule committee and cancel the May home rule charter vote. The next time a vote is possible is November of 2006, but it is still in doubt whether the city council is even going to consider that.
For every person who chose to talk at this meeting in favor of home rule, at least eight people stood up against it. Groups have been working behind the scenes to make sure their city council members knew how they stood, so this was pretty much the last hurrah for another home rule vote in the foreseeable future.
I think many (maybe even most) people are comfortable with the concept of a home rule charter. As the city deals with more and more complex issues, the only way to effectively operate is to have a city governing body in place with some teeth to it. Keep in mind that one of the advantages to a home rule charter is it gives the city the right to bring in unannexed areas around it. Lucas only has limited powers over unannexed areas and these can be found spread out all around Lucas. Wherever you see a 50' billboard you can bet that is unannexed land. Lucas even had a company try to set up a cement batch plant in an unannexed area right in the heart of Lucas (off Stinson Road). That was just too much. The story I heard was Lucas threatened to sue and the company backed off.
Have you seen the new row of huge billboards with no advertisements on either side on the east side of Central Expressway just north of Stacy Road? I don't know this for a fact (I am checking) but I would bet that is unannexed land within Fairview! And once those signs go up, you are fighting a losing battle to bring them down. It becomes a contest as to who can move more quickly ... the developers and landowners trying to squeeze income out of their tracts of unannexed land or the cities trying to bring the land in so as to have more control about what the owners can do with them.
These are examples of why a city needs to be able to move quickly and decisively against any landowner of any unannexed tract of land whose actions might negatively impact the city. In cases like this, I believe the city should have the power to act without putting it to a vote of the citizens. However, when it comes to an issue of such importance that it can entirely change the makeup and quality of life of an entire community (ie: whether or not to bring in sewer), that should be left for the citizens of Lucas as a whole to decide.
So What's the big deal about Sewer?
If there is only one thing you need to know about living in Lucas or Fairview or Parker, it is this ... without sewer, you simply cannot build more than one home on an acre of land. This has nothing to do with the wants or needs of the cities of Lucas, Fairview or Parker. This is an environmental regulation and the law! Although virtually all of Lucas is zoned for at least one home per acre, some areas are zoned at one home per 1.5 acres, and some at one home per 2 acres. Even if the city of Lucas suddenly decided they wanted to change the zoning in an area from one home per acre to three, or four, or five homes per acre, it cannot happen. That would be against the law. The reason? One acre is the mandated minimum size lot for a septic system to work properly for one home. The TNRCC (Texas Natural Resources Conservation Commission) will not allow a higher density zoning, nor would the EPA. However, if sewer were brought in, those one acre lot minimum restrictions go away with the state and feds. You can now tie 4 or 5 or 6 homes on a one acre lot into a sewer system.
Common sense tells me that with sewer comes high density housing, apartments, commercial developments, congestion, crime, etc. Have you ever wondered why you don't see apartments in Fairview, Lucas or Parker? You will if sewer comes in. You have also opened up the possibilities of federally mandated housing projects. Those just cannot exist without sewer. With sewer, our tremendous schools will become over-populated. Our quality of education will be negatively affected, not to mention our quality of life. Lucas just does not have the resources to fend off the pressure placed on us by large landowners and developers with a vested interest in high density zoning. With sewer in place and attorneys in tow, I firmly believe these special interest groups will force the issue of high density zoning and I think they will prevail.
the Large Landowner's Point of view
I always try to see the other side of an issue, so now let's put ourselves in the position of the owner of a large tract of land currently zoned for one home per two acres in Lucas. He has owned it for years and is looking forward to the day he can sell and finally make some money. It does not have sewer so up until now he is stuck with his two acre zoning. The city suddenly decides to bring in a sewer line right in front of his property. If he ties into this sewer line, he has just tripled or quadrupled the value of his land but only if he can convince the city to give him a higher density zoning. Why? A developer can now pay a great deal more for his land because he can sell 5 to 6 lots per acre to home builders versus one lot on two acres. The landowner goes to the city and asks for the zoning to be changed to a higher density. The city says to the landowner "Sorry, we are going to keep you at your current one home per two acre zoning. We just like the open feeling of two acre lots in our city. That's what makes Lucas so special. We are not going to change the zoning on your land even though we understand you can triple your profit if we do so." How would you as the landowner react and what would you do? Does the city have a right to force you to sell your land for a fraction of what you could make with a higher density zoning?
So What Now?
Who Knows? It looks like we are dead in the water on the Lucas home rule charter at this point in time. I don't think it's going to change until the citizens of Lucas are assured that the vote on sewer is put to the public (not decided on by the city council). Our city council does a great job in tough circumstances, but this is way too big an issue for them to take on themselves. Furthermore, if a city council member is also a large landowner who might benefit from sewer being brought to their property, I darn sure don't want them deciding on this issue for me! That is too big a conflict of interest for my liking!
Unfortunately, without home rule, Lucas will continue to lose ground to developers buying un-annexed tracts of land around the city. But keep in mind, no matter how badly the developers want to cut up the land into lots smaller than one home per acre, it will always be impossible without sewer in place! As far as I'm concerned, I would love to see the rest of the undeveloped land in Lucas, Fairview and Parker developed into at least one acre lots (or larger) as quickly as possible before sewer is forced upon us. And some day it will be. Life is all about compromise :-)
Tom Grisak Estate Homes Realtors, Inc - Texas License # 0329533
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