Rush to annex is slowing down a bit

County residents concerned that the city of Conway is taking too big a bite out of unincorporated territory - and not taking the time to digest their questions - have something to be thankful for after all.

The attorney behind the rush to annex Lollie Bottoms confirmed Wednesday everyone who would like to be excluded from the proposal will get their wish. Also, a Dec. 31 target date that was set because of concern over a change in Conway Corp.'s electric power agreements is not as critical as first thought: The financial impact of annexing after the first of the year will not be much different.

On Monday, the Conway Planning Commission voted to recommend the annexation of 4,840 acres on the Arkansas River, including 700 acres owned by Conway Development Corp. and the site of a proposed municipal airport.

The commission's 8-0-2 vote came despite the objections of several property owners who claimed they were neither informed of the proposal, nor inclined to go along with it - especially if questions about services, costs and possible impacts could not be answered.

Bill Dodgen, who owns and lives on four acres on Marshall River Road, told the commission he had "been through this before" over property he owned in Saline County and, as a result of that, he wanted no personal part in this plan.

" I'm not against annexing to the airport and getting services down there and that sort of thing," Dodgen said. "I'm opposed to the total area being annexed."

The previous experience, he explained in an interview later, entailed being annexed despite his objection and then being included in a water improvement district that cost him $6,000 a year even though he already had water.

" That's what I'm scared is going to happen to a lot of people out there (in Lollie Bottoms)," Dodgen told the commissioners.

Others who live in the area spoke of additional specific worries, such as possible conflicts between city codes that might require city services that would not be available anytime soon, and of a quality of life.

" It's nice and quiet and we want to keep it that way," Willie Hoover, also of Marshall River Road, said.

By statute, a majority of real estate owners, representing more than one-half of the land to be annexed, are needed before the county can approve an annexation petition.

Conway attorney Bill Adkisson, representing CDC, said annexation procedures do not require individual notices and that he had advertised, per statute, a Dec. 20 Faulkner County hearing on the matter.

Adkisson reported he had the support, and sufficient signatures, of the primary land owners.

"We're not trying to include anybody that doesn't want to come in," he added.

Adkisson also explained that while the need to have the airport site in the city limits was the basis for the proposal, a Jan. 1 change in Conway Corp.'s wholesale electricity provider prompted a speedy resolution because of anticipated higher power rates if Entergy, rather than the city utility, was responsible for providing electricity to the area in the future.

But Larry Rathjen, a Conway resident, said there were too many "yet-to-be-determineds" - including the possibility that the federal government might reject the Lollie Bottoms location for the airport.

" My reservation is that there's too many things that could go wrong," he said later, noting specifically the city might be "spreading ourselves thin" in extending police and fire protection as much five miles down the river.

Rathjen, who supports annexing just the land necessary for the airport, asked the commission to delay any decision until the issues could be resolved.

And a couple of the commissioners initially agreed.

"We are being asked to approve something that CDC has not adequately presented to us to give us a basis for action," Bill Graff said. "There's a lot more here that's unknown. ... I don't think we're ready."

Graff said he was particularly confused about why the issue of the company name on the light bill demanded such haste.

For commissioner Mary Etta Qualls, the question was people, not power providers.

Qualls added, "I would hate to give it to the city council with these families wanting to opt out."

With Adkisson's agreeing to work with those who did not want to be included, commission chairman Tim O'Brien suggested moving the annexation forward and letting the city council deal with details.

Velton Daves agreed.

"If we don't act, we're going to hurt the whole city more than if we do tonight," Daves said.

But, as Conway Corp. CEO Richie Arnold explained Tuesday, there's really no need to rush.

In previous annexations, the utility has always paid the replacement cost for the lines and equipment it acquires through annexation, Arnold said.

The year-end change of wholesale supplier - and the source of much of the confusion at the commission hearing - will mean that Conway Corp. must begin paying a "lost revenue component" to Entergy for customers it gains in territorial expansion.

And while he called the state-governed payout - 355 percent of the previous 12 month's gross revenues - "pretty punitive," Arnold said timing is not a significant factor: The additional fees likely will have to be paid even if the annexation goes through before Jan. 1 - but because there are not many customers in the lightly populated area means the charge will not be high.

Arnold added that Conway Corp. supports the annexation, and had anticipated such growth in its water planning area.

"The sooner an area is annexed the sooner we can begin planning to serve it," Arnold said. "It can avoid some complications."

Adkisson said Wednesday he too had talked with Arnold since the meeting, and the removal of the Jan. 1 deadline "takes the pressure off."

He also reported he had met with some of the families who want to be exempted and he expects to hear from others. If he can make the changes to everyone's satisfaction, Adkisson said he'd hold to the current timetable. If complications arise, he'll likely hold off on the presentation to the counsel.

The annexation recommendation is on the city council's Dec. 13 agenda.

(Staff Writer J.K. Jones can be reached by e-mail at kevin.jones @thecabin.net or by phone at 505-1236.)