Highland Park Baptist Church pastor, Eddie Click, along with members of the church was at the meeting to voice opposition to the annexation if it would lead to any business to be allowed to sell alcohol that close to their church. Mayor Aikens said he hadn't heard anything about that. Ultimately, the property owner spoke and said they had no plans to sell alcohol. She said she had dealt with drunks before and didn't want to do that. She did say, that if they have weddings there, guests might want to drink champagne.  Both the property owner and the mayor mentioned that there had been a lot of misinformation put out about the alcohol thing. The property owner even mentioned she thought that misinformation was from Ford Road. Guess where I live. As is the usual case though, neither the mayor nor the property gave any example of any misinformation from Ford Road.

Let me be very clear, I was at the Lenoir City planning commission meeting when the applicant, Ms. Roseburgh, stated the reason she is asking for annexation is that a lot of people have been asking her to have a wedding venue on the property and she was afraid that under county regulations, she wouldn't be able to provide alcohol at the weddings. She also mentioned that there might be noise at the weddings. Ms. Roseburgh also said it would be good to have city garbage service. Her words, not mine. That's what I reported from the beginning. Not sure what misinformation she and the mayor are referring to.

But there's still problems with this annexation. As required by state law, city officials did not work with the county on the plan of services nor have they entered into an interlocal agreement with the county, also required by state law. Just an assumption here, if the city hasn't followed all the steps in the law, for a non contiguous annexation, that annexation is not legitimate nor enforceable? I really don't know that answer but we're working to find out. Why do Lenoir City officials refuse to follow the law?

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.