Nevada County Picayune and Gurdon Times Newspaper Archive

Annexation Approved; Appeal Possible

It took more than three hours, but when all was said and done, Nevada County Judge John Barham said the annexation would be approved.

The public hearing for the proposed annexation of more than 1,082 acres between exits 44 and 46 along Interstate 30, along with a part of Highway 19, was more like a trial than a public hearing. Attorneys for both sides argued the case on its merits and the law.

Local attorney Glenn Vasser represented those in favor of the annexation, while Gene Hale battled against it. Barham sat on the bench, heard the arguments and had to make his decision in the matter.

Hale, once Barham made his determination, said he would appeal the matter. By law, he has 30 days to appeal the decision. In fact, Hale plans on taking the matter to circuit court next and following this, should he lose the case, appeal to the Arkansas Supreme Court.

The hearing began with Vasser giving a rough description of the land in question and reminding the county court more than half the landowners involved signed the petition favoring annexation. He reminded the court the law only requires 51 percent of the landowners to sign the petition.

He said there was no reason for the proceedings to be adversarial, but everything should be placed out in the open. Vasser told the court the annexation would be good for Prescott's economy and would make exits 44 and 46 more accessible to business and industry. "When this is done," he said, "the landowners will be in better shape than they are now, and so will the city."

Hale, in his opening remarks, said he represented some of the property owners as well. "None of us are trying to stop growth," he said, "or progress. But we have a lot of questions and hope to get them answered."

He said 95 percent of the land involved in the annexation was primarily agricultural in nature and the landowners were puzzled about what this (the annexation) is all about; how utilities would be provided and who would pay for them.

"We're not here to stop growth," Hale said. "We want to see it done properly, if we can afford it."

Jackie Kisselburg, who works with the McKenzie Abstract and Title Co., was Vasser's first witness. She informed those present the description of the property was correct as described in the annexation papers.

Vasser pointed out 24 residents in the area had signed the petition, as Kisselburg agreed, and they represented more than half the acreage involved. In fact, the pair said almost 840 acres was represented by those who signed the petition in favor of annexation.

Hale had Kisselburg read the names on the petition. He then asked if a formal survey had been done on the land in question and was told no.

Kisselburg said she got the legal description for the land from the deeds on record. She told those present the area around Interstate 30 had been surveyed, though.

Prescott Mayor Howard Taylor was next up. He informed the audience he was familiar with the area to be annexed and helped get signatures for the petition. "I witnessed most signatures," Taylor said.

He said there were some instances where one spouse would sign the petition for the other, if the other wasn't available. The court was told all signatures were given voluntarily.

"I told them of the vision the council has," Taylor testified, "and how this project's been in the works for years. It's not a pipe dream."

Taylor said the property owners were told they would become part of Prescott and would have all the benefits and services those who currently live within the city limits enjoy. He also informed them their property tax would increase by five mills.

He said the benefits of being in the city limits include police and fire protection, cheaper utilities and cable television. "They all had a positive attitude," Taylor said. "They thought it was a good move."

Taylor said some of the residents in the area already have city water, including Hale. "Our goal is to get everyone the same services," he said.

He testified in order to annex an area into the city limits, the land must be contiguous.

Taylor, who was on the stand more than 30 minutes, said the area between exits 44 and 46 is the natural direction for Prescott to grow, primarily because of the interstate. "Cities used to be built along railroad lines in the past," he said, "but now they grow toward the interstates."

The mayor told those on hand there are five prospects interested in locating in the affected area. The prospects represent both commercial and industrial jobs, and include the proposed truck and travel center near exit 44. In fact, he said there are two prospects interested in the exit 44 and 46 area. However, all prospects are hinging on the availability of city water and sewer services.

"Things will happen when we annex and get the utilities underway," he said.

Taylor reminded all present about the city's applying for the Economic Development Grant, with it being approved for $690,200 and the city to match 30 percent, or about $300,000. He said the city's part is available and ready for the project, as the council set it aside earlier.

The mayor also said in order for the city to receive the grant monies, the annexation must be approved.

Taylor reiterated this is an opportune time to annex more property into the city limits. "With an economic developer on the scene," he said, "it's the time to grasp the opportunity."

He told Vasser the annexation is being done in an attempt to bring more jobs to Prescott and Nevada County, along with helping the city's school system.

When questioned about the utility rates, Taylor said a study showed Prescott had the lowest electric rates in the state. He said the city's water and sewer rates are also among the state's lowest in spite of the city having to raise rates under an Environmental Protection Agency mandate.

Taylor also told Vasser property owners in the area to be annexed would enjoy lower fire insurance rates because of hydrants which will be installed in the region. The lower fire insurance rates, he said, should more than make up for the five mill tax increase.

Once Vasser finished with the mayor, Hale took over. He began by questioning Taylor as to how much land in the annexed area was agricultural in nature. The numbers began at 15 percent and moved to about 30 percent, with the two men differing on the definition of agricultural land. Taylor did say the amount in question was not 90 percent.

Hale then asked about the cost to provide utilities to the area. Taylor said the sewer portion would cost $632,000, while the water part would be about $353,000 for the overall region. The mayor said the area would "grow" the proposed 600,000 gallon water tower, which would be located near e