Jackson Board of Aldermen discuss Fruitland annexation petition

A petition for the annexation of Fruitland was discussed during the Jackson Board of Aldermen meeting Monday.

The petition, discussed during the study session of the aldermen, was presented to the city Oct. 7 by a group of Fruitland residents known as "Friends of Fruitland" who are seeking to incorporate the community into a fourth-class city.

Under state law, the petitioners must be denied annexation by nearby cities that are within 2 miles of Fruitland before any incorporation plans can proceed.

"There are boundaries [of Fruitland] included in the petition that have been redrawn quite a bit," said city attorney Thomas Ludwig. "A boundary is no longer within 2 miles of Cape Girardeau, which means that Cape Girardeau no longer has to be petitioned."

Ludwig said that if the city of Jackson decided to accept Fruitland's petition for annexation, in his legal opinion the next steps would be for the city to receive a declaratory judgment from the circuit court that recognizes the validity of the action and then to hold an election in Jackson and Fruitland on the question of annexation. If the city turns down the request for annexation, petitioners would then need to seek the approval of the Cape Girardeau County Commission in placing an incorporation question on the ballot.

The city of Jackson has one year to accept or deny the annexation request from the time of its submission. The group's first annexation request was made in 2011 when it attempted to incorporate the Fruitland community into a village. The action prompted the city of Jackson to hold a vote in February 2012 on whether to annex parts of Fruitland, and Jackson voters answered "no." But the group was then advised by an attorney hired by the county commission that its application to incorporate as a village was invalid and the incorporation question could not be placed on the ballot because the group did not approach nearby cities with the annexation request and it needed to re-collect signatures from residents.

Ludwig told the aldermen that when a community attempts to incorporate as a village, the incorporation question is ultimately voted up or down by the county commission. The question takes a different route when there is an attempt to incorporate into a fourth-class city,

"If a community is trying to incorporate as a fourth-class city," he said, "the county commission reviews the application and finds it proper and then the matter goes before voters. The process takes final judgment out of the hands of the county commission."

Further information concerning Fruitland's annexation request would be made available to the aldermen at a later time, Ludwig said.

Other action

• The board of aldermen unanimously approved an ordinance that calls for a general municipal election April 8 to fill the offices of the board of aldermen.

klewis@semissourian.com

388-3635

Pertinent address:

1 Barton Square, Jackson, Mo.

Fruitland, Mo.