Some Fruitland residents request annexation by Jackson with goal of incorporation

More than 60 Fruitland residents signed a petition for annexation to Jackson last month, but that's not their final goal.

According to the document, the group's goal is to incorporate as the Village of Fruitland, but petitioning for annexation is the first step. Under Missouri revised statute 72.130, any area wishing to incorporate must first approach any city within two miles of its proposed borders for annexation.

Jen Wahlers spoke on behalf of the group wanting incorporation at a December Jackson Board of Aldermen study session. She said the group hoped the city would refuse the request. Any attempt at annexation by Jackson, she said, would be considered an involuntary annexation by those heading up the effort.

The approximate boundary of the potential annexation area is Interstate 55 on the west, the eastern edge of the Arbor Trail subdivision and Route W on the east, Route FF and County Road 541 to the north and Route Y to the south.

Wahlers said talk of incorporation began over the summer when she and others noticed a new Jackson city limits sign on the east side of Interstate 55. Some in Fruitland decided to pursue incorporation to protect themselves from encroachment, and to create a way to deal with lingering, unspecified nuisance issues within Fruitland itself.

Wahlers said she doesn't live in the area defined in the annexation request, but just outside it. She said she hopes to be annexed into Fruitland if the area is incorporated.

If the signatures on the petition are verified and the city decides to pursue annexation, a public hearing must be held before there is a vote of both Jackson residents and those in the affected area. Fifty percent of voters in both groups would need to approve the annexation for it to become law.

At the public hearing, Jackson officials would be required to explain how the city would bring services, such as water and sewer, to the area, a time schedule for delivery of the services and how the annexation would affect property taxes. The city would also be required to tell residents how the area would be zoned.

The city of Jackson would pay for the cost of the election if the issue makes it to a ballot.

For now the city has not acted on the petition. According to Missouri law, the city has one year before having to make a decision either way. City clerk Mary Lowry said on the advice of city attorney Tom Ludwig, the petition will be forwarded to the Cape Girardeau County clerk for verification of signatures. County Clerk Kara Clark Summers said the city has yet to send her office the petition, but it shouldn't take too long to verify the signatures once it is received. If signatures are verified, the way is cleared for the Jackson city government to take up the issue. Fifteen percent of registered voters in the area that voted in the last gubernatorial election have to sign the petition -- and those signatures have to be verified -- for approval. Wahlers said the group heading up the petition drive chose to use 15 percent of all registered voters in the area as its standard, which is 50 voters.

City administrator Jim Roach said there are still many legal and financial questions surrounding the request, but he thinks the issue will probably come before the aldermen for discussion sometime during the first quarter.

"We'll run the numbers and see if the idea merits going forward," he said.

Mayor Barbara Lohr said even though the Fruitland residents want to incorporate as a village, Jackson will give the petition serious consideration. If the city rejects the petition and the area incorporates into a village, Jackson's growth to the north would be impeded.

If Jackson pursues annexation, it has three years to place the issue on the ballot and another three years to extend full services to the area if voters approve annexation. If the city rejects the petition, Fruitland residents are free to pursue incorporation.

cbartholomew@semissourian.com

243-8600

Pertinent address:

Fruitland, MO