NWAnews.com :: Northwest Arkansas 

Group petitions court for Gentry annexation Residents don’t want Siloam Springs

Posted on Wednesday, October 8, 2008

URL: http://www.nwanews.com/hl/News/25741/

GENTRY — Not wishing to have a portion of their lands annexed into Siloam Springs, a number of property owners along Taylor Orchard Road petitioned to be annexed into the city of Gentry instead.

An annexation petition filed July 22 in the County Court of Benton County by Oak Run Development, William Taylor, Kathie Taylor, Robert Lopez, Roberto Reyes, Lindy Chamberlain, Robert Krein, Jena Krein, John Parish and Joyce Parish and approved by County Judge Gary Black on Aug. 28 was also approved by resolution of the Gentry City Council at its Monday night meeting.

Lands annexed all lie within Gentry’s planning area, and Gentry already has city water service in place there.

“ This does not violate our agreement with the city of Siloam Springs, ” said Gentry Mayor Wes Hogue, though it is unknown how it will affect the ballot measure of Siloam Springs to annex in a large territory, including a 330-foot strip of land along the north side of Taylor Orchard Road which was annexed into Gentry on Monday

The annexation does not include William Taylor’s orchard and another portion of land just south of Marion Lee Road — though the lands are now bordered by Gentry on all sides.

The resolution accepting the new lands into the city was approved by unanimous vote of Gentry’s council, with the exception of council member Janice Arnold, who was absent.

In a second related measure, the council passed an ordinance by three readings on a single vote and with an emergency clause, assigning the new lands into Ward 3 of the city. The measure was passed Monday so that the new Gentry residents could vote on city issues in the upcoming November election.

Plans to annex an area to the north of Taylor Orchard Road — in Gentry’s planning jurisdiction — included a portion of Siloam Springs’ proposed annexation area which could have complicated matters between Gentry and Siloam Springs because it extended into Gentry’s water service area.

Gentry already had water lines in place and was serving water to customers there.

The measure was to be on the November ballot for Siloam Springs residents and residents in the affected areas.

The cities of Gentry and Siloam Springs had, a number of years ago, agreed upon a boundary line between the two cities for future planning and growth. The line extends east and west along a line which is Shady Grove Road between Arkansas Highway 59 and the Kansas City Southern Railroad, extends north along the railroad to an eastwest line which is Van Fleet Road in the west and the east-west portion of Taylor Orchard Road.

In a July 11 letter to Siloam Springs, Hogue wrote: “ A related issue concerns possible further annexation to the north by the city of Siloam Springs. As you are aware, the city of Gentry has expended millions of dollars to provide water service to customers within Gentry’s water service area. In the event future (or current ) annexation reaches into Gentry’s water service area, the city of Gentry intends to continue providing water service to customers within that area, notwithstanding any annexation by Siloam Springs into any portion of Gentry’s water service area. ”

“ It would have been better to resolve this issue prior to the annexation measure, ” Hogue said July 23, adding that he is confident the cities will be able to resolve any issues which arise concerning the proposed annexation if it is approved and saying the two cities have enjoyed a good working relationship.

David Williams, community development director for Siloam Springs, said the only reason Siloam Springs was crossing the center of Taylor Orchard Road 330 feet in its annexation measure was to have control of both sides of the road and avoid confusion over matters of addressing, police and fire protection, animal control and the like. Williams said he knew of no intention of Siloam Springs to annex further into Gentry’s planning jurisdiction.

The reason for the major annexation proposal at this time, Williams said, was the request of the Dawn Hill Community to be included in the city of Siloam Springs. The Dawn Hill Community, according to Williams, has been requesting the annexation for several years — in part because of lengthy power outages during recent ice storms.

Gentry has, in most cases, only annexed into the city territories in which the land owners petitioned to be annexed. That was the case in this latest annexation and in the recent annexation which included properties belonging to the Gentry Seventhday Adventist Church and Ozark Adventist Academy

“ About 90 percent of Gentry’s annexations have been by petition of the landowners, ” Hogue said, adding that he would rather take a conservative approach and let the landowners decide when it is time to be incorporated into the city and not force it upon them in a ballot measure.