To Hold Up For Now On Taking Stonewall Farms, Hurricane Creek, Windstone
posted October 7, 2009
Mayor Ron Littlefield on Tuesday afternoon introduced a resolution to the Chattanooga City Council which calls on the Hamilton County Commission "to establish fire tax districts as provided by Tennessee state law."
On Tuesday night, Council Chairman Jack Benson said the issue is "another reason for metropolitan government."
Mayor Littlefield replied,
"You've said that inflammatory word, but it is a reason for unification or consolidation to bring all this community together."
Later in the council meeting, Chairman Benson asked for a fuller discussion of metro government, which has been turned down by voters in Hamilton County three times.
Mayor Littlefield said, "I'll be glad to prepare an alternate plan."
Later in the meeting, Mayor Littlefield said he is willing to suspend the current unpopular annexations if the county will come to the table to discuss merging all city and county operations.
He said he will not proceed at this time with the annexations of Stonewall Farms in Hixson and Hurricane Creek and Windstone in East Brainerd, but he said the annexations will pick back up if the county does not wish to take part in the talks.
He said issues with the county would include (1) utilities (2) tax equity and (3) consolidation of government.
Mayor Littlefield said some current annexations would continue, including an amended Area 4B in Hixson. He said the city now plans to go no further than the recently annexed Ramsgate subdivision on Hixson Pike and would take in some commercial areas along the west side of Hixson Pike. He said that annexation is needed so the city can proceed with putting in a fire station to serve that end of Big Ridge.
Other annexations that need to continue, he said, are two sections at Summitt and one involving commercial areas along Highway 58.
He said if it is found that the county is not interested in merger talks, the annexations will be resumed "very quickly."
He stated, "I am saying let's suspend the annexations - and I do mean suspend - and take a deep breath while we invite the county to the table."
The mayor said, "The boundaries we are drawing need to go away."
He also said, "We have plenty of time, but we need to begin a conversation that is not contentious."
He said the city and county had been successful recently in merging 911 services, though it was a complex process.
Mayor Littlefield said, "Currently, Hamilton County fire protection is funded through the county’s general fund. State law authorizes the county legislative body to provide for the equitable funding of fire services through the establishment of one or more fire tax districts and the levying of an annual fire tax on those properties in unincorporated portions of the county.
"Incorporated municipalities, such as Chattanooga, Red Bank and East Ridge, provide fire protection to residents within their borders. Residents of those same municipalities also shoulder the unfair burden of having to fund a portion of fire protection in the unincorporated areas in the county.
“It’s only fair that residents receiving those services in the county pay for those services. Residents of Chattanooga, as well as other municipalities in the county, continue to subsidize services in the county with our county tax dollars.”
County commissioners recently passed a resolution condemning the city of Chattanooga for initiating annexation proceedings saying, “Annexation would not provide those communities with any substantial services and benefits that are presently unavailable to them.”
Mayor Littlefield responded by stating, “That’s just not true. We’re already providing an unfair share of services in the county that would not be available if it were not for the inequitable tax burden placed on city residents by the county.”
Mayor Littlefield called on the County Commission "to take action and equitably fund services for unincorporated areas of the county through local implementation of State Law instead of imposing double-taxation on municipal residents."
Councilwoman Deborah Scott said she had received a number of calls from city residents upset that they were being taxed to cover some costs of county fire services and got no benefit from it.
She said, "I don't have a good answer for that."
Councilwoman Sally Robinson said, "We hear over and over that people in areas to be annexed have the services they want. Now we have begun to realize it's because our city taxpayers are helping to provide it."
The City Council did proceed with some annexation actions, including approving on second and final reading the annexation of a section along Morris Hill Road in East Brainerd.
Mayor Littlefield said it was a section that should have been taken in years ago. He said the city had been picking up garbage on one side of the road and it set up "the rather comical situation where I imagine we were getting a lot of garbage from the other side of the road."
Below is the full text of the fire taxing district resolution:
A RESOLUTION RESPECTFULLY REQUESTING THAT THE HAMILTON COUNTY BOARD OF COMMISSIONERS TAKE ACTION TO EQUITABLY FUND SERVICES FOR UNINCORPORATED AREAS OF THE COUNTY THROUGH LOCAL IMPLEMENTATION OF EXISTING TENNESSEE STATE LAW.
WHEREAS, The Hamilton County Board of Commissioners has adopted Resolution Number 1009-21 expressing disapproval with the City of Chattanooga’s actions to annex certain areas within Hamilton County; and
WHEREAS, The text of the resolution states, in part, “that said annexation would not provide those communities with any substantial services and benefits that are presently unavailable to them”, and
WHEREAS, Provision of adequate services and the equitable sharing of financial responsibility is a critical issue to be considered in providing for the growth and development of the entire Chattanooga area including those areas proposed for annexation and other areas within municipal growth boundaries in Hamilton County, and
WHEREAS, Among other measures, Tennessee State Law, T.C.A. §§ 5-17-101, et seq., specifically authorizes the county legislative body to provide for the equitable funding of fire services through the establishment of one or more fire tax districts and the levying of an annual fire tax on those properties in unincorporated portions of the county.
NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, That the City Council does hereby respectfully request that the Hamilton County Board of Commissioners take long-overdue action to begin to equitably fund services for unincorporated areas of the County through local implementation of existing provisions of Tennessee State Law.
ADOPTED: ____________________, 2009
James Chastain, a board member of Hamilton County Residents Against Annexation, said Tuesday night, "Earlier this evening, Mayor Littlefield at last decided that annexing all the areas originally outlined in Phase One and Two is not feasible. Fearing extended lawsuits, mass public support against annexation and the high cost involved in providing services for the planned annexation areas, Mayor Littlefield has tonight decided to exclude vast areas of Hamilton County from previously announced annexation plans.
"This is simply a 'divide and conquer' strategy by Mayor Littlefield to splinter the effort against countywide annexation. Realizing the anti-annexation movement is so strong, so well-organized and well-funded, Mayor Littlefield is now attempting to dilute that effort by annexing a few areas from Phase One with the promise that other areas will not be in the final Annexation Plan.
"Everyone knows this is only the beginning and, if he achieves this, he will continue his effort to annex every other area in his 'Urban Growth Plan.'
"Realizing this, we in Hamilton County should continue our efforts to strongly resist any efforts by the mayor or City Council to annex any area within the county.
"We all know Chattanooga city tax dollars will be spent to litigate Mayor Littlefield's personal agenda to the detriment of every city taxpayer. Litigation in these issues can cost millions of dollars. Can you think of a better way to spend a million dollars in Chattanooga?"
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