BATESVILLE -- Robert Griffin, county judge for Independence County, will decide Friday whether to allow the Southside community to incorporate and become the state's newest city.
Down Ramsey Mountain and just across the White River, officials in Batesville -- the state's second-oldest city -- still want to annex the area and plan to count the results of an annexation issue on the city's November ballot no matter what Griffin decides.
Either way, the residents in the affected community will likely soon see changes.
The Batesville City Council on Aug. 25 called for the election to annex 1,343 people in Southside into the city.
Mayor Rick Elumbaugh said if the area is annexed, Batesville would provide services such as fire protection and garbage collection and would also repair roads near the Southside School District.
But some residents balked, saying they opposed the higher taxes the annexation would bring. Southside residents now pay 8.75 percent in sales tax in the county. Batesville has an additional 2 percent sales tax that residents would pay if Southside was annexed.
A group called Keep Southside Free From Annexation formed after the council members cast their vote. Group members gathered enough signatures to seek the incorporation instead.
If the incorporation proceeds, Southside would become the state's 501st city, with a population of about 2,200.
"We're making sure we've got all our ducks in a row," said Brandon Gay, an organizer of the group. "We took the law head-on to make sure we could do this. There's no gray areas. The judge will hear what we have to say Friday."
Gay said he believes more than 90 percent of the people who live in the Southside area up for annexation are opposed to becoming part of Batesville.
On Tuesday, two signs hung on utility poles in Southside saying "Southside is not Batesville, Vote No," in reference to the Nov. 4 election.
Gay said at least 40 people have signs opposing the annexation proposal ready to be displayed if Griffin turns down the incorporation request.
Griffin said the hearing will be held at 9 a.m. Friday in the Independence County Courthouse in downtown Batesville. He expects it to last about two hours.
"It's a simple checklist," he said of the hearing's process. "We will go through the list to make sure everything has been followed before a decision can be rendered. This is not a trial. It's a hearing."
Griffin said he expects representatives of both sides of the issue to present comments.
Elumbaugh said county election commissioners will still count ballots in the annexation issue regardless of Friday's outcome. He said he is also meeting with attorneys to see whether officials can delay Friday's incorporation hearing.
"It's going as planned," he said of the election. "We've got a small campaign going for the annexation, and we will keep at it."
A deputy county clerk said early voting was brisk as of Wednesday evening. She said several people have called to ask if the annexation issue was still on the city ballot.
"Southside is a growing area," Elumbaugh said. "As our municipality grows, as anyone can tell you, it will head south [toward Southside]. We don't want to just take the land and grab it. We want to work with them and provide the best services."
Griffin has told members of Keep Southside Free From Annexation that the county would contract police, fire and garbage services for the area if it becomes incorporated for about $1 million a year -- the same amount the county receives in property taxes from the unincorporated area now.
"One of the oldest reasons for forming a city -- and Batesville is one of the oldest -- is to protect from hostile neighbors," Gay said. "We're trying to build a legal wall to protect ourselves from our neighbor."
State Desk on 10/23/2014