The Hudson Bend Incorporation Committee requested to be released from the city’s extraterritorial jurisdiction June 2, said Alton Moore, a committee member and Hudson Bend resident. The request included a statement that the residents are seeking incorporation so Hudson Bend can serve as its own municipality.

“We’ve got a real sense of community [in Hudson Bend],” Moore said. “People live on 1 to 5 acres in single-family residences. As condos and apartments go up, they will drive all of that out.”

As its own municipality, he said Hudson Bend could pass ordinances to determine residential zoning areas, forcing commercial developers to petition the proposed new entity’s staff for an exemption.

Although city of AustinSenior Planner Virginia Collier said the city declined the Hudson Bend request, Moore said he is leading the charge for the area to become a municipality. He said the HBIC hired municipal law attorney Monty Akers and is determined to take further action to avoid being annexed into Austin’s borders.

Hudson Bend on its own

Hudson Bend, with its approximately 1,200 homes, receives water and wastewater service from Travis County Water Control and Improvement District 17, Moore said.

If the area incorporates—becomes a municipality—it may continue to receive WCID 17 services and electricity from the city of Austin. Travis County provides police and fire services, he said.

However, road maintenance, currently provided by Travis County, would end, and the new entity would be required to keep its roads in order, an expensive proposition that may cost about $300,000 per year, Moore said.

The neighborhood has already met twice to consider incorporation and individuals who are coordinating the movement have imformed residents about meetings, he said.

“Our preference is to not have property taxes,” he said. “If we are approved to get out of Austin, we will keep our sales and alcohol taxes. When you drive to the end of Hiline Drive, there are huge boat sales and maintenance centers as well as marinas to generate sales tax.”

Support and opposition

Moore said the neighborhood’s movement to incorporate has the support of Austin City Council Member Don Zimmerman.

“I am in support of changing the state annexation law so communities have a vote to join a city or not,” Zimmerman said. “People came up with creative strategies to avoid annexation because they have no right to vote on the matter.”

Rob Reynolds, Lakewind Estates Homeowners Association board president, said he disagrees with the idea of Hudson Bend incorporating as it would be too costly and unnecessary at this time since annexation may not take place for more than a decade, and the area is not listed in Austin’s five-year annexation plan.

Lakewind Estates, a gated community in Hudson Bend, has deed restrictions that govern what residents can do with their properties.

“Informally I have spoken with a number of residents,” Reynolds said. “They are not for it because it is going to cost us more.”

He said Hudson Bend, if incorporated, would need to elect commissioners, a mayor, perform tax collection, do road repairs and contract with a police department.

“I don’t know what that means in terms of cost, but somebody has to go out and do that,” Reynolds said. “And that somebody is not going to do that for free.”

Navigating the law

Collier said a neighborhood located within the city’s jurisdiction must request to be incorporated to start the proceeding to become a city.

“For properties located in the city [of Austin’s] ETJ, at some point, the city will be interested in annexing the area,” she said. “That’s our future growth area and tax base.”

If City Council denies theat request, the neighborhood must put together a petition requesting to be annexed by the city, Collier said. The city has six months to annex the area, decline to annex the area or do nothing, in which case its residents can pursue incorporation proceedings, she said. However, if the city agrees to annex the area, the proceedings toward annexation will begin immediately as opposed to the city not even considering the area for its annexation plan for years, she said.

Hudson Bend attempted to incorporate more than 10 years ago, but did not move forward, Akers said.

He said he did not believe the city would annex Hudson Bend, citing a requirement that an area must be adjacent to a city’s boundaries in order to be annexed.

“Hudson Bend is not contiguous to Austin’s city limits,” he said. “Austin can unilaterally annex the property between the city of Austin and Hudson Bend, but that is one more set of challenges.”

Austin also has to consider the cost to provide municipal services to Hudson Bend since most of the area is on septic or private sewer systems, he said.

“[Annexation] is a big decision [for Austin],” Akers said. “They have a comprehensive plan and know what areas they want to move toward annexing. [Incorporation] throws a monkey wrench into things.”