As to the Highland Park annexation, there have already been failures by the city to follow the law prior to annexation. No public notice for the public hearing for the plan of services was made and the county mayor has not been contacted. Since the Highland Park annexation is not contiguous to the current city limits, there are several extra steps the council must take to make such annexation legal. Of course the biggest is, the city must have an inter-local agreement with the county. Surprisingly, the closest city limits to the proposed property to be annexed is, wait for it,........Lenoir City mayor Tony Aikens home. The proposed property to be annexed is just about 500' from Aikens property. Don't know that there's any connection of any kind there but may be just a coincidence.

Property annexations by Lenoir City are like a creeping cancer in any community they thrust themselves into. Everyone knows what the city brings when it slithers out into the county where no one wants them.

Below are the steps for any annexation by the city including a non-contagious annexation. This information comes from the Municipal Technical Assistance Service, MTAS, which Lenoir City officials are a member of and use all the time. The city has already failed to follow several of the requirements. City officials and the mayor should well know the annexation laws. If not followed to the letter, there is of course, always the potential for another county vs city lawsuit. That would be unfortunate for everyone.

Non-contiguous Annexations

Municipalities are authorized to annex territory that is not contiguous to the corporate limits. In order to do so, consent of the owner is required and the territory to be annexed must be located entirely within the urban growth boundary of the municipality. Additionally, the territory must either have an intended use for industrial, commercial, or future residential development or be owned by a governmental entity. The ownership requirement can be any governmental entity and is not limited to the municipality proposing annexation. A plan of services must be prepared (as is required for every annexation), but for a non-contiguous annexation, the plan must be prepared by the municipality in cooperation with the county. An inter-local agreement is required to address the provision of emergency services to interceding properties (between the municipality and the territory to be annexed) and road and bridge maintenance from the municipality to the territory being annexed. T.C.A. § 6-51-104.

Public Notification Requirements Prior to Annexation

Three separate notification steps are required for any annexation:

1. U.S. Mail —- A resolution describing the territory proposed for annexation, including the plan of services, must be “promptly” sent by first class mail to the last known address listed in the office of the property assessor for each property owner of record within the territory proposed for annexation a minimum of twenty-one (21) calendar days before a public hearing on the proposed annexation.
2. Posting —– Three (3) copies of the resolution must be posted both in the territory that is proposed for annexation and in a like number of places within the municipality proposing the annexation.
3. Published Newspaper Notice —- Notice of the proposed annexation must be published “at about the same time” that it is posted in a newspaper of general circulation, if there is one, in such territory and municipality. In no event shall the notice be published less than seven (7) days in advance of the public hearing. The notice must include a map that includes a general delineation of the area to be annexed by use of official road names or numbers, or both, and other identifiable landmarks, as appropriate.
4. No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the municipality shall post signage that informs viewers of the proposed annexation, the date, time, and location of the public hearing on the proposed annexation, and a website address for additional information.
   The signs used pursuant to subdivision (b)(3)(A) must be a minimum of three feet (3′) wide by two feet (2′) tall, be affixed to a sturdy base with the top of the sign no less than five feet (5′) from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned. T.C.A. § 6-51-104.

In addition, a published notice is required in advance of a public hearing on the plan of services for the territory to be annexed:

Published Newspaper Notice for Plan of Services

A notice of a public hearing on the plan of services for the territory under consideration must be published in a newspaper of general circulation not less than twenty-one (21) days before the hearing date and time. The notice must indicate the time, place, and purpose of the hearing; as well as the location(s) where the proposed plan of services is available for public viewing (three copies must be available for public inspection during normal business hours). T.C.A. § 6-51-102.

The plan of services is also required to be sent to the county mayor upon adoption. T.C.A. § 6-51-102.

The newspaper publication requirements set forth above may be incorporated into a single notice provided the timing requirements of each are satisfied.