Forced Annexation in Donut Holes


	Matt & all Thank you for your email and I am happy to answer the questions that you have concerning your community. Unfortunately for communities like yours, that have been surrounded by municipal expansion, H845 specifically exempted "donut hole" areas from being able to use the Petition to Deny. In my opinion, and from being present during the discussion about the provisions of the law, this exemption was given to the pro-forced annexation advocates as one compromise to their objections to the changes in the annexation law. I did not agree with this exemption, but it was one of those points of the negotiation that just wasn't going to go away...at that time. My hope is that the other provisions in the law will make it far less likely that the cities will move ahead with annexation of these areas, especially during tough economic times, as we presently have. The changes that we did get are a huge step in the right direction, and open up future possibilities to "fine tune" the law even further in favor of landowner rights. That will be up to all of us to follow through in achieving the needed changes. I will explain the new changes to the annexation law that H845 enacted: The basic steps taken for a 'city initiated annexation' remain pretty much the same, but important additions and revisions to the process were put in place. 1. It is now stated State policy that "...it is essential for citizens to have an effective voice in annexations initiated by municipalities." This statement of policy is going to be a foundation for further changes, if 'we the people' will put forth that effort. 2. All "city initiated" annexations must become effective on June 30th. 3. The municipalities now MUST pass a Resolution of Consideration (ROC) one year in advance of passing a Resolution of Intent and the municipality must notify all affected property owners by mail at the time that the Resolution of Consideration is passed. Property owners will have one year advance notice that the city is considering annexation by ordinance of the area. You will have plenty of time to prepare and organize your community. 4. After the one year waiting period, the municipality can pass a Resolution of Intent (ROI). The passage of the ROI begins a two month period where the property owners in the annexation area can notify the municipality that they have an interest in receiving water and sewer utility services IF the area decides to accept the annexation proposal. This is called "opting in" for water and sewer services. If the MAJORITY of the property owners in the annexation area "opt-in" by notifying the municipality that they would like to receive the services, then the costs of extending the services to each "opt-in" property will be paid by the municipality, and individual property owners who "opted-in" will not be charged for any of the extension of infrastructure or tap fees or connection costs of any nature. The first and only costs for the "opt-in" property owners will be the monthly bills they begin to receive for using the utilities. If a majority of property owners "opt-in" during the two month time frame, then an additional 30 days is opened up for other property owners who did not opt-in to change their mind and also opt-in to receive the utilities with no infrastructure costs billed to them. The municipality must then extend all needed infrastructure within three and one half years from the effective date of the annexation. After this 60 to 90 day "opt-in" opportunity has passed, any property owner who did not opt-in, and who later changes their mind about becoming water and sewer customers will pay a percentage of the costs, based on the standard charges in that municipality, starting at 50% if they request the utilities within one year of being annexed, more if they wait longer, with the percentage diminishing over a five year period. After five years, the property owner would pay the full cost that the city charges. All of the provisions of #3 above have no affect whatsoever on the rights of the area property owners to reject the annexation proposal. Property owners can "opt-in" for the no cost water and sewer extension to their property, but STILL block the annexation later by fulfilling the requirements of the Petition to Deny. (60% of the parcels in the area have owners that return the Petition stating that they do not want to be annexed. Areas that are completely surrounded by the municipality_ "donut holes" _ CANNOT use the Petition to Deny. Forced annexation is alive and well for donut hole annexation areas. 5. There will still be required "Informational Meetings" and a Public Hearing regarding the annexation of the area. The Annexation Feasibility Report is still required to publish and made available to the public. The municipality must add to the information provided and explanation of how to "opt-in" for the water and sewer services, the consequences of "opting in" or not, and an explanation of the Petition to Deny process. After these requirements are met, the municipality can adopt the Annexation Ordinance according to the mandated time frames in the annexation laws. 6. Once the City Council adopts the Annexation Ordinance, this begins the 130 days given to complete the Petition to Deny process. (in annexation areas where it applies) The municipality must: > Mail a summary of the Annexation Ordinance and the official list of the property owners in the annexation area to the Tax Assessors office and the County Board of Election within five days of passing the ordinance. > Mail the summary notice of the Annexation Ordinance along with a copy of the Petition to Deny form to all the property owners in the annexation area and post a copy of the Petition to Deny form to the municipal website that can be downloaded and returned to the County Board of Elections. 7. Petition to Deny process: An official form must be used. Area property owners will have four months to return the petition forms. As the current annexation areas are using the Petition to Deny, questions and needed clarifications are ongoing. It is a work in progress. (I will omit the explanation for the Petition since your community will not be able to use it) My hope for the areas that cannot use the Petition to Deny is that since the law now gives everyone a way to make the city extend the water and sewer lines at no cost, that every area that cannot use the Petition WILL "opt-in" for the water and sewer and make the city pay these costs. This could make the city decide that they can't afford the annexation costs and therefore will not pass the Annexation Ordinance. And at the very least, if the city still decides to proceed with the annexation, the property owners will not be hit with the most devastating financial impact of being forcibly annexed. And perhaps the city will be more inclined to make the idea of being annexed a bit more attractive. If it were within my power and up to me, there would be NO "city initiated" annexations at all. Voluntary only. And barring that, there would be no exemptions to the right to use the Petition to Deny. But evidently, we need a bit more across the board support in the Legislature for ideas like that. Maybe next election, we'll have that support. I hope this answered your questions. Please don't hesitate to contact me for more information. Thanks, Cathy Heath StopNCAnnexation http://www.stopncannexation.com/ Berkshire Downs Home Page