The annexation of the Autumn Creek Subdivision also caused little dissent, but annexations of Arrowhead, Drakes Pointe, Meadows and Green Meadows subdivisions as well as property along Drakes Creek Road were more controversial.
Arrowhead resident Gary Garrett said he understood the benefits for the city if it could reach a population of 50,000, but could not see how becoming part of the city limits would really benefit him or his neighbors.
“I've have always been pro annexation my entire life. I am used to seeing a process whereby to the residents about to be annexed in a subdivision they be afforded the opportunity to see the distinct advantages to them and to the city as a whole in annexation. I do not see that in this and therefore my objection is to the process. Until we see a much clearer explanation to be derived… I must force my objection at this time to annexation of the Arrowhead,” Garrett said.
“Every time I look at one of the benefits that you guys have brought forward I can check it off my list and say I'm not getting anything from the city,” Koder said.
John Emision, president of Citizens for Home Rule, whose organization currently has over 200 suits against city of Knoxville regarding annexations, urged the city to allow the residents to vote on annexation through a referendum or drop the annexation all together.
“You don't have to annex these folks by ordinance and get a bunch of people mad at you. You can set out a referendum and let these people vote on it. And I would strongly urge that if you go forward with this annexation at all that you do that. Because quite frankly if you don't these folks are going to join Citizens for Home Rule and as president of the corporation, I'll authorize our corporation council to file suit to block these annexations,” he said.
“I think we all had a choice to live in Hendersonville when we moved to Arrowhead and there are reasons that we moved there. There's nothing wrong with Hendersonville, but we had a choice at the time and we choose Arrowhead… We had a choice then and I think we would just like to have a choice now,” said Arrowhead resident Donna Koder.
Mayor Scott Foster said it is imperative that the city annex the Durham Farm property in order to gain planning control. And, in order to eliminate confusion, the surrounding areas should also become a part of the city.
Hendersonville Planning Director Fred Rogers added the areas being considered for annexation were where he believed the majority of the future growth in the Hendersonville was going to take place.
City attorney John Bradley dismissed a claim that the city could not legally annex solely for the purpose of revenue, saying that the law stated that the city could not begin to take revenue from new territories without providing services.
Bradley added that because of changes in annexation law, it was up to the property owner to prove that the annexation was unjust and held no benefits for the property owner before a judge.
By state law in order to annex territory, the city must first adopt a plan of services for those areas. The plan of services outlines the amenities and services the city will provide to the new areas.
The plan of services must first be adopted by the planning commission, be voted on by the city's General Committee and then pass two readings at the Board of Mayor and Aldermen.
An ordinance officially annexing the territory must also be voted on by the General Committee and pass two readings before the board. A public hearing must be held before the second reading of that ordinance.
Once the ordinance passes two readings, it then takes effect 30 days after its passage. Any new territory must be on Hendersonville's tax rolls before Jan. 1 in order for the city to be able to collect property tax from those properties in 2006.
The annexation of property along Saundersville Road was pulled from Tuesday night's agenda after the residents of the area presented the mayor with a petition signed by 29 of the 30 property owners in the area saying they were against the measure.
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