Rutherford warns of legal battle over annexation

McMinnville city officials will move forward with annexation in two areas. However, the proposed annexation along the Highway 55 bypass came with a warning from city administrator David Rutherford.

‘When you start down the bypass, I suspect you will end up in court,’ said Rutherford at Tuesday’s Finance Committee meeting. ‘We need to get all our ducks in a row so we can be successful.’

If the city doesn’t handle annexation correctly, officials could end up losing in court. As a result, the financial loss would be large. Not only would the city have to pay its own legal fees, it would have to pay the legal fees of the plaintiffs.

As for the proposed annexation project, officials were presented with a map that showed annexation of 100 feet past the state right of way on both sides of the highway.

Taking 100 feet along the highway does pose a problem for those who own land between the highway and the current city limits. ‘Donuts,’ property technically in the county but surrounded by property within the city limits, can cause confusion for city/county services. Despite being surrounded by the city limits, these property owners would not get city services and their emergency services would come from the county.

Also, taking part of someone’s property can cause unforeseen situations. If the annexation takes in someone’s barn and not their home, the city would be expected to use city emergency services only on the barn.

Before moving forward with annexing the 100 feet, officials requested a map depicting annexing one lot deep. Annexing one lot deep will make a smaller ‘donut’ and reduce the confusion when it comes to what is in the city and what is in the county.

The only definite for moving forward in the process will be two parcels of land off Smithville Highway ‘ one on Fairground Road and one on Northwood Lane.

‘ The Fairground Road parcel, referred to as J-1 by the city, is approximately two acres. The land is located on the left side of the road before the fairgrounds.

‘ The Northwood Lane parcel, referred to as J-2 by the city, is approximately three acres. The land is located immediately to the left after turning onto Northwood Lane from Smithville Highway.

Although it appears officials will move forward with annexation in some areas, they have yet to set down an ‘established level of service’ for city residents.

When county residents become city residents, they expect a certain level of service ‘ paved road, police and fire protection, trash and brush pick-up service, sewer and city water. In order to keep services high as annexation continues, the city must set standards.

According to Rutherford, those standards must be set in order to keep the services offered by the city the same instead of reducing those services as the number of city residents increase.

For example: If the ratio of city residents to police officers is 100-to-1, hiring additional officers will be needed to keep that ratio the same if more people are annexed into the city.

Rutherford also asked officials to keep in mind the paving of roads situation.

‘We have streets that have not been paved in the city in years,’ said Rutherford. ‘How do you deal with that? Do you upgrade the street in the area that was just annexed and tell the guy who has been paying taxes for 20 years we’re not going to pave his’?

To help officials set the standards for service in the city, Rutherford will generate numbers to be discussed during the upcoming budget talks. As for the paving situation, no date was set for that discussion.

Before officials take their first vote on the two parcels proposed for annexation May 13, there will be a public meeting scheduled before the Board of Mayor and Aldermen regular session at 7 p.m.