A bill that could allow a vote in proposed annexation areas hasbeen introduced in the 2002 legislature, but Mayor Bill Godboldsaid the measure is “nothing new” and does not think it wouldaffect Brookhaven’s plans.

Dist. 39 Sen. Cindy Hyde-Smith said she is sponsoring the billafter hearing from several constituents who were concerned aboutthe city’s pending annexation efforts.

“Most of the constituents I’ve talked to would like to have avoice in that,” said the senator, whose home on Dunn-Ratcliff Roadis not in the city’s proposed annexation area.

The bill would require an election in a proposed annexation areaif 20 percent of the area’s qualified voters sign a petition. Amajority of voters in the proposed area would have to agree with acity’s annexation ordinance for city expansion to take place.

Hyde-Smith said the annexation vote issue is a “hot potato”topic. The senator did not speculate on her bill’s chances, sayingshe had not had a chance to speak to other lawmakers about howsimilar measures had done in the past.

Godbold said an annexation vote bill comes up every year andfails.

“Pass that law and you won’t have any (city) growth,” the mayorsaid, suggesting that annexation area residents would consistentlyoppose city expansion efforts.

Without city expansions, Godbold said towns would dry up andservices would cease as city revenue dwindles.

“That’s tax money we need to survive,” said Godbold, who alsomentioned that residents would have fewer places to shop withcities’ inability to expand.

Even if an annexation vote bill were approved, the mayor doubtedit would impact Brookhaven’s plans. He said annexation consultantsare expected to make a presentation to the city officials at theboard’s Feb. 5 meeting, with the city then being ready to present aplan to chancery court.

Consultants have been working on a feasibility study todetermine anticipated costs of a city expansion. Mike Slaughtersaid the study was “looking good.”

“We’re about to wrap up our feasibility study,” said Slaughter,also mentioning a meeting with city officials within the next fewweeks.

Regarding city expansion opposition, Slaughter said citizens inproposed city expansion areas are not without a voice in the matternow. He said citizens may come to the chancery court hearing, withor without an attorney, and testify against a proposedannexation.

“It’s very common to see citizens come to a chancery courthearing without an attorney,” Slaughter said.

If an annexation is approved in chancery court, Slaughter saidaggrieved citizens would likely need an attorney to appeal theissue to the state Supreme Court. An appeal to the state’s highcourt takes about a year and a half to two years for a decision, hesaid.

Slaughter also pointed out that the courts, both the chancerycourt and the Supreme Court, have the authority to reduce proposedannexation areas or to not allow an annexation at all.

Citizen opposition notwithstanding, Slaughter said cityofficials seeking to expand must prove the 12 points ofreasonableness in support of their annexation plan. The points havebeen developed over the years through prior annexation cases, hesaid.

“The burden of proof is on the city,” Slaughter said.

The 12 points, or indicia:

* City’s need to expand.

* Whether the area sought to be annexed is reasonably within thecity’s path of growth.

* Potential health hazards from sewage and waste disposal inannexed area.

* City’s financial ability to make improvements and furnish cityservice promised.

* Need for zoning and overall planning in areas.

* Need for city services in area sought to be annexed.

* Whether there are natural barriers between city and proposedannexation areas.

* Past performance and time element involved in city’s provisionof services to its present residents.

* Economic and other impact of annexation upon those who live inor own property in proposed annexation area.

* Impact of annexation on voting strength of protected minoritygroups.

* Whether property owners and other inhabitants of areas soughtto be annexed have in the past and in the foreseeable future unlessannexed will, because of their reasonable proximity to corporatecity limits, enjoy economic and social benefits of the city withoutpaying their fair share of taxes.

* Any other factors that suggest annexation reasonableness.

Godbold said the city’s goodness in the past has allowed anumber of residents outside the city to enjoy city services andbenefits without being in the city.

“They’re getting near about everything the city can offerthem…,” the mayor said. “They don’t need us in a lot ofinstances, but the reverse is we need them.”

The mayor also pointed out the city is facing the possible lossof two alderman posts because the population is now under 10,000according to the latest census totals.