Annexation Adopted on First Reading

April 8, 2014
Dwayne Page
Map of Annexed Area

The Smithville Aldermen Monday night adopted on first reading a proposed ordinance to annex six parcels of property and a portion of another parcel as well as the right of way of Old Snow Hill Road and part of Nashville Highway (Highway 70) on the west side of the city.

annexation map_0.pdf (341.79 KB)

The aldermen also approved on first reading an ordinance to amend the zoning map of the city to include three of these parcels in the R-1 Residential Zone along with a portion of the Right of Way on the Old Snow Hill Road.

A third ordinance was adopted on first reading to amend the zoning map to include the remaining parcels in the B-2 General Business District as well as a portion of the right of way of Nashville Highway (Highway 70).

The annexation and zoning ordinances will be scheduled for passage on second and final reading at the next city council meeting on Monday, May 5 at 6:00 p.m. at city hall. The ordinances would become effective thirty days following final passage.

If given final approval, the properties Ed Young, Mike Foster, Dr. David Foutch, Pat Walls, John Kilgore, and Jim Beshearse would be annexed. The area includes almost seventeen acres on the south side of Highway 70 from the existing city limits to near the intersection of Highway 83 (New Home Road). It would take in the Kilgore's restaurant property, which belongs to Foster; Dr. Foutch's Eye Care office; and parcels of land belonging to Kilgore and Beshearse. Facing the Old Snow Hill Road, the residential properties of Beshearse, Walls, and Foster would be annexed. On the northside of Highway 70, another fourteen acres of undeveloped land belonging to Ed Young would be annexed along with the old Beshearse grocery store building. Young's property is located across the highway from Kilgore's Restaurant.

Due to a state moratorium on annexation, the city cannot take the initiative on its own without a request. The property owners had to petition the city for annexation.

The Smithville Municipal Planning Commission reviewed the plan and voted last month to send a recommendation to the mayor and aldermen that the proposed annexation and zoning be approved.

State law further requires that all annexations include a Plan of Services (POS). The POS outlines those services, such as sewer, that will be made available to the land being annexed and the timeframe within which services and/or amenities will be provided.

The aldermen Monday night approved a resolution adopting a plan of services for the annexed area.

The (POS) includes the following:

A. Police
(1). Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided immediately on the effective date of annexation.

(2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need is established by appropriate study and traffic standards and in accordance with the policies of the Public Works Department.

B. Fire

(1) Fire protection will be provided immediately upon annexation by the present personnel and equipment of the Smithville Fire Department.

C. Water

(1) Water lines, which are currently provided by DeKalb Utility District, will continue to provide water to these customers after the annexation.

D. Sanitary Sewer System

(1). Sewer service will be provided when future sewer lines are extended within the annexed area either by the City of Smithville or property owners. Extensions of sewer lines are subject to the Smithville Capital Improvements Program.

E. Street Construction and Repair

1. If applicable, routine maintenance on the same basis as in the present City will begin in the annexed area in approximately six months of annexation.

2. If applicable, reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body will be accomplished under established policies of the City.

F. Solid Waste Collection and Disposal

(1). The same regular solid waste collection and disposal services provided within the City of Smithville will be extended to the annexed area immediately upon the effective date of the annexation and subject to practices and policies of the City of Smithville.

G. Recreation and Community Facilities

(1) Residents of the annexed area may use all existing recreational facilities, parks, library, etc, upon the effective date of annexation.

H. Inspection Services

(1). Inspection services ensuring code compliance of new construction in new developments will be consistent with current policies provided by the City of Smithville in the annexed area immediately after the effective date of annexation.

I. Planning and Zoning Services.

(1) The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. The City planning jurisdiction will encompass the annexed area.

(2). Enforcement of the subdivision regulations, street design criteria, and the flood damage prevention ordinance shall be extended to the annexed area upon the effective date of the annexation.

J. Building Codes

(1) Building codes will be extended to the annexed area on the effective date of annexation, with the exception of construction already in progress and permitted by DeKalb County.

K. Other Miscellaneous Services

(1). Other services such as general governmental administration, etc. will be in effect immediately upon the effective date of annexation.

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