Jackson votes to accept part of Fruitland into city

The Jackson Board of Aldermen acted Monday on a request for involuntary annexation filed by Fruitland residents nearly a year ago by accepting only areas that want to join the city, pending a public vote in February.

"Being part of Jackson is a privilege, not a punishment," said Jackson city attorney Tom Ludwig after the 11-minute board meeting.

Proponents for incorporation of Fruitland as a village have repeatedly told the board that they do not want to become part of Jackson, and Monday's decision made clear that Jackson does not intend to force them.

Where the action leaves the remaining part of Fruitland is not as clear, and residents in attendance said they were unsure what to make of the decision. They expected to hear that Jackson would either accept or reject the entire area and to learn plans for how the city would provide services such as fire protection and sewer. That only a portion would be annexed came as a surprise to them.

Since the lands approved are working in cooperation with Jackson, a plan of intent for services was not required.

Ludwig said it could not be determined whether the land left out of the annexation resolution is now free to incorporate.

"That is a matter for litigation," Ludwig said.

The city also authorized Ludwig to formally approach the Cape Girardeau County Commission to oppose the incorporation of Fruitland.

Though the vote formalizes the board's desire to accept several industrial interests to the city, the residents of Jackson will need to finalize the welcome by public vote.

A group of people living in Fruitland approached the city last December with a petition for annexation they hoped would be declined, the first step required in incorporation.

In October, several landowners within the larger Fruitland tract applied to the city to join it voluntarily, desiring to form an industrial business relationship with Jackson.

The first of those voluntary applicants is a roughly 240-acre area containing Heartland Materials quarry along U.S. 61, bordering the northern limits of Jackson. If that land doesn't join the city, three subsequent applicants won't be eligible because their boundaries do not currently touch the city limits.

Fruitland community members appealed to Jackson voters for help in stopping the agreement between the city and the quarry land. They hope blocking the area from becoming part of the city will allow control over zoning and industry should the area incorporate.

Ludwig announced Monday that the county clerk's office certified a petition received by the city Nov. 14 as having the signatures of more than 5 percent of Jackson voters, enough to bring the issue of the annexation of the 240-acre tract to the ballot. An election date was set to coincide with the presidential primary Feb. 7.

The fate of the area remains murky as community efforts continue to prevent Jackson expanding across U.S. 61. On Nov. 21, a lawsuit was filed that challenges the legality of annexing those voluntary lands, even if the public votes to do so. The outcome of that lawsuit will determine not only the voluntary annexation applications, but may redefine the boundaries of Jackson.

While Jackson is open to considering other applications to join the city, it is halting current annexation actions to await the outcome of the vote in February.

salderman@semissourian.com

388-3648

Pertinent address:

101 Court St., Jackson, MO

Fruitland, MO