Bella Vista backs off Hiwasse

City repeals its annexation ordinance

— The city of Bella Vista backed away from its attempt to annex Hiwasse last Wednesday.

The City Council agreed at a special meeting to repeal an ordinance placing the annexation before voters in the May 22 primary.

The motion came as a result of a recommendation from city attorney Bryan Vernetti, presented during a council work session prior to the meeting.

“There is well-established case law in Arkansas that you cannot annex land if the highest and best use of the land is agricultural or horticultural,” Vernetti said.

The argument, along with others, will be used by Vernetti to intervene on the voluntary annexation of Hiwasse into Gravette when he files a complaint in Circuit Court.

“If we stop annexation into Gravette by our own argument, I’m 100 percent certain Hiwasse would complain based on the same criteria,” Vernetti said.

“We are asking permission to continue to oppose,” Vernetti said. “They don’t want to go to Gravette; they just don’t want to be in Bella Vista right now.”

Hiwasse residents filed a petition for voluntary annexation into Gravette with the County Clerk on Jan. 20 in protest of proposed annexation into Bella Vista. County Judge Bob Clinard gave Hiwasse the goahead to move along with voluntary annexation in a hearing Feb. 27. After a 30-day waiting period, state statute says the Gravette City Council will decide whether or not to accept the incoming land owners.

Vernetti said he isn’t sure Hiwasse could stop the an-nexation into Gravette at this point if it tries, unless Bella Vista intervenes.

“When we file, it will go to Circuit Court. It puts a stay on annexation and will stop Gravette from taking any action,” he said.

Alderman Doug Farner, one of a two-member committee that originated the annexation proposal, said he was in favor of repealing the ordinance.

“Putting this particular ordinance in front of the citizens is the right thing todo. It’s right for Bella Vista in the long term. But it doesn’t look like we could win in the short term,” Farner said.

Bella Vista aldermen authorized Vernetti to file a complaint on behalf of the city.

“There is a silent portion of Hiwasse that thinks (annexation in Bella Vista) is in their best interest. They’re not being heard and probably won’t be heard. Let’s get real, this is one of the fastest growing areas in the country. They’re not going to stay the same, it’s not going to happen,” said Alderman Jerry Snow, regarding Hiwasse residents’ concernabout maintaining their way of life.

Annexation of the Hiwasse area into Bella Vista was set to be one of three proposed issues included in an annexation ballot question for Bella Vista residents in the May 22 primary. The other two areas will still be presented to voters in May.

News, Pages 1 on 03/14/2012