Residents of the Independence County community of Southside want to incorporate and become the state's 501st city instead of annexing into Batesville through a November vote.
Independence County Clerk Tracey Mitchell certified signatures gathered on a petition seeking the incorporation Tuesday afternoon, and now County Judge Robert Griffin will determine whether the area can be considered a municipality.
Griffin will hold a hearing in Batesville on Oct. 24 to decide on the incorporation. If he grants Southside status as a city, residents would elect a mayor and council members. Granting the incorporation also would render Batesville's annexation proposal placed on the November general election ballot pointless.
"This is a confusing issue," said Don Zimmerman, the executive director of the Arkansas Municipal League. "I've been here a long time, and I've never seen an annexation election and an incorporation plan all at the same time."
Bella Vista, a Benton County city of 26,461, was the 500th and last Arkansas community to incorporate, doing so on Nov. 7, 2006, he said.
Keep Southside Free From Annexation, a group that formed this summer after Batesville aldermen and Mayor Rick Elumbaugh voted to place the annexation of Southside on the ballot, began collecting signatures of registered voters last month.
The group needed signatures from half of the 1,343 people who live in the proposed incorporated area to seek the incorporation. Mitchell certified 768 names, she said.
"We have everything we need now," said Brandon Gay, an organizer of Keep Southside Free From Annexation. "We have our own water system, our own sewer system, fire district. We don't need Batesville's help."
Gay said the group opposed Batesville's annexation proposal because it would mean higher taxes. The area's sales tax is 8.75 percent, which includes county and state figures. Batesville has an additional 2 percent sales tax that Southside residents would pay if the area is annexed.
Elumbaugh said if Southside is annexed into Batesville, the city would build a new fire station in the area within three years, which would mean residents' fire insurance premiums would drop dramatically.
Gay sought the signatures early to resolve the issue before the Nov. 4 election. Griffin will hold the hearing at the Independence County Courthouse on Oct. 24 and is expected to decide on Southside's status then.
"I anticipate I will have enough information to make a decision that day," Griffin said.
Griffin said Tuesday that he couldn't comment further because the process is ongoing. He has said in the past that he would offer county services, such as police and garbage collection, for a cost to Southside if the area incorporates. The county provides police protection for Batesville.
Residents of the area tried to incorporate in 2004, calling for an election. Voters turned back the measure by about 100 votes.
Southside sits atop Ramsey Mountain just across the White River and south of Batesville. It was first considered a community in 1953, when the Southside School District formed, and it is now a booming area. It's home to the Batesville Municipal Airport, two large car dealerships and several other businesses.
"This is not about the people of Batesville," said Gay, who lives in Southside. "It's about the leaders of Batesville. The two communities are like one, as long as there is not an aggressor."
Gay said if Griffin does not grant the incorporation and the annexation election is held, his group plans to challenge the way the issue was placed on the ballot.
The Batesville City Council called for the election during a heated meeting Aug. 25. Aldermen voted 5-2 -- with one alderman abstaining -- to hold the election. The measure needed at least a two-thirds vote for passage, and Elumbaugh cast the deciding vote in favor of the election.
Gay said he will challenge the legality of the mayor voting.
"They think I'm the bad guy," Elumbaugh said Tuesday. "But I'm looking out for our future and the future of our kids. If you incorporate, you better provide for your own citizens. You better take care of your community.
"The bottom line is that we can be united."
Elumbaugh said he still plans to campaign for the annexation in case Griffin opts not to grant the incorporation.
"We still have a clear message," the mayor said. "They may not want to hear the facts of what Batesville can give them. We want to be partners with Southside and work together."
State Desk on 09/24/2014