Efforts by Memphis officials, including Mayor Willie W. Herenton and the city council, to reopen the legislative session have been rebuffed so far. Gov. Don Sundquist (R-Memphis), the only person with the authority to single-handedly force a return of legislators to Nashville, has so far refused. The other option, getting 3/4 of the members of both houses to request a new session, is also being pursued, but the odds of that happening are slim. The most that is being committed to by the legislature is a re-evaluation of all annexation laws during the 1998 session. Hearings on the issue held in October so far have resulted in little public comment.
In the meantime, city officials have acted to speed up the annexation of the land of the proposed cities, and have begin considering stopping new road and sewer construction in the affected areas (this will have an effect on the Grays Creek sewer extension in the New Berryhill area; it is unclear if this will have any real effect on New Forest Hills). The mayor also fired the city attorney (while the main reason was the mayor's loss of a lawsuit to a former Memphis police officer, it is likely that the annexation problems didn't help her keep her job).
Also on July 10, nine state representatives, all Democrats representing areas of Memphis, launched a petition drive for a new session of the state legislature. A 10th representative attended the meeting (the only Republican to do so) but did not sign on (he says he is still making up his mind). One member of the group, State Rep. Carol Chumney (D-Memphis), called on all Memphians to boycott the Wolfchase Galleria, a shopping mall in the proposed city of Independence (an idea ridiculed in a Commercial Appeal editorial on July 13). As of July 19, only about a dozen legislators had signed the petition (a special session requires a petition signed by 66 representatives and 22 senators); it appears to have died.
At its meeting on July 15, the Memphis City Council voted to annex the New Forest Hills and New Berryhill areas, and (as a backup) to refuse to provide new sewer taps in the communities, should they be incorporated, and refuse to provide sewer service as well (although this may turn out to be in violation of the Grays Creek Extension agreement). The city also plans to challenge the annexation petitions, on the grounds that they were "improperly filed" and unconstitutional, at the July 16 meeting of the Election Commission.
The July 16 meeting of the Shelby County Election Commission ended with a decision to postpone any vote for a week, until consultations with state officials have been completed. It is considered unlikely that the Election Commission will block the petitions unless they are legally deficient (blocking the petitions under any other circumstances could expose it to litigation as well).
The July 19 CA reports that Wilder has ended his association with the petitioning groups, to concentrate on his duties as lieutenant governor.
The annexation war has widened to include the Shelby County Commission. As of Monday, July 20, all six African-American members of the county commission (all Democrats, representing districts mostly containing Memphis residents) called a boycott of all county commission decisions. Among the reasons for their boycott was the lack of a commission position on the annexation/incorporation issue, although most of the problem seems to be with the appearance that the seven-member Republican majority (all white) does not consult with the full commission before proposing actions.
Meanwhile, Memphis's efforts to intimidate the annexation opponents continues. At least one City Council member, according to the July 22 CA has proposed ending MLGW (Memphis Light, Gas, and Water) utility services to any new cities, even though this action would probably be illegal under MLGW's charter and its mandate from the Tennessee Valley Authority. It is increasingly clear from this and other actions that Memphis has no confidence in its ability to win in court.
Also on the annexation front, the city of Arlington has proposed completing the undisputed portion of an annexation from its existing boundaries south to U.S. Highway 64 and east to the Shelby County line. The annexation has been tied up for two years over a reserve area dispute with Memphis over a 1000 ft. strip of land south of U.S. 64. Arlington is represented by (you guessed it) Charles Perkins.
On Monday, July 28, a state court located in Nashville imposed a restraining order forbidding county election commissions from holding incorporation votes under the new law. During the previous week, state election officials had ruled that the services plans for New Forest Hills, New Berryhill and Independence were sufficient under the law. They also ruled that the petitioners had to compile listings of all "qualified voters" (not just all registered voters) in the proposed incorporation areas.
As of now, the war of words between proponents and opponents of the new cities continues. The prospects for a special session this year have faded, but there is the possibility of retroactive changes in the annexation laws during the 1998 legislative session. It is likely, however, that these changes will curtail future annexations without popular consent.
The contents of this document are Copyright © 1997 Chris Lawrence. It may be freely redistributed, so long as the text is left intact, along with this copyright notice. Any use other than unmodified duplication should be discussed with the author.