As promised, here’s some more on the annexation moratorium bill, which I discussed yesterday.

Before I get into the question that everyone can’t wait to hear my thoughts about,  I want to look at the bigger picture before I get into the weeds.

Moratorium Bill “Concept” is OK, but Not Great

A moratorium bill is not nearly as important as a real reform bill–please recognize that a reform bill can stop annexations in process too, and can have retroactive provisions.

The Weeds: Does the Moratorium Bill Cover All Annexations “In Process?”

Yesterday, I said that I thought that it did and I stick by that (unless someone tortures me, such as forcing me to listen to country music, and then I’ll flip faster than you can say “Achy Breaky Heart.”)

I explained:

Q: Is there protection when an annexation ordinance has been adopted and the effective date of the ordinance is before the effective date of the moratorium bill?

A: Yes, so long as the annexation is subject to litigation in any court on the effective date of the moratorium bill.  The ordinance can’t become effective until July 1, 2012.

This, however, doesn’t address annexations with effective dates of ordinances that are before the effective date of the moratorium bill and are not subject to litigation.

This becomes a moot question though because if the ordinance effective date is before the effective date of the annexation bill, and there is no litigation, then the process is already over–the annexation is law. 

An annexation ordinance can’t become effective less than 70 days after passage of the ordinance.  To appeal an annexation, property owners have 60 days after passage of the ordinance.  This means that property owners will have had their chance to make the annexation “subject to litigation” prior to the ordinance becoming effective.

It may be possible, I guess, for a court (state or federal) to look past the 60-day requirement for an appeal, but it is highly unlikely.

I still might change my mind on this interpretation because the bill is really confusing.  It couldn’t have been drafted in a more convoluted way if the legislature tried.