Bloomington annexation fails in 5 of 7 areas; outcome on west, southwest sides unclear

Update: This story has been updated with additional comments from the mayor.

Bloomington Mayor John Hamilton’s attempt to significantly enlarge the city through annexation has failed in five of seven areas. However, the outcome in the two most populous areas, on the city's west and southwest sides, likely will be determined in court.

Monroe County Auditor Catherine Smith Wednesday afternoon announced results of a months-long signature gathering and counting effort.

Hamilton was not available for an interview Wednesday or Thursday but told The Herald-Times in an emailed statement the city is reviewing the results and “will be evaluating what next steps might be appropriate.”

Bloomington annexation proposal

Hamilton’s proposal, which would have expanded the city on all of its edges except the north and northeast, generated fierce opposition among the roughly 14,000 residents whose targeted homes are currently in unincorporated areas of Monroe County. Some of those residents said they do not want to pay the additional property taxes they would face as city residents for few, if any, added services they would find useful.

Attorneys: Legal fight between Bloomington, state would answer fascinating questions

After the city council in September supported Hamilton’s plan by a 6-3 vote, property owners in the affected areas had three months to formally oppose the plan by filing remonstrance petitions in the auditor’s office.

To stop the city’s annexation attempt, at least 65% of property owners in each of the seven areas had to file petitions. According to the auditor’s office, petitioners in five of the areas exceeded that threshold. In the two others, the opposition share fell between 51% and 65%, which allows opponents to challenge the city’s plan in court.

Remonstrance results by area:

  • 1A (west): 60.94%

  • 1B (southwest): 57.5%

  • 1C (southwest): 71.43%

  • 2 (southeast): 71.98%

  • 3 (northwest island): 66.67%

  • 4 (west-central island): 70.79%

  • 5 (southwest island): 66.67%

Areas 3 and 5 cleared the 65% threshold by just two petitions each.

Areas 1A and 1B, where the outcome likely will be determined in court, are the largest by population, with a combined 8,553 residents. The only other area with more than 1,000 residents, Area 2, generated the largest share of opposition, at nearly 72%.

An additional area that Hamilton had originally proposed for annexation, Area 7 to the city's north, was removed last summer after opposition from residents and city council members. Area 6, on the northwest side, was removed in 2017, before the annexation attempt was interrupted by action from the state Legislature.

Hamilton’s proposal last year also elicited rancor among Monroe County officials. All three county commissioners opposed the annexation, in part because it would have reduced the county’s revenue growth. The city would have gotten an additional revenue boost to help pay for an expansion of services in the newly annexed areas.

'Disingenuous': Annexation causes city council, county commissioner clash

Waiver law challenge could change outcome

All of the remonstrance numbers come with an important caveat, as Hamilton and other city leaders have said they may challenge a 2019 state law that significantly increased the number of property owners who could formally oppose annexation by invalidating older remonstrance waivers.

Without that law, results of the remonstrance effort would have looked drastically different, as annexation would have proceeded in five of seven areas. Only in two small areas, the west-central and southwestern islands, with a combined population of 1,376, would opponents have gathered enough signatures to exceed the 51% threshold that would allow a court challenge.

Hamilton said in the email that the city’s review process will involve “closely scrutinizing all details surrounding remonstrance signatures.”

"The city continues to believe all waivers should be counted and that the 2019 law invalidating the older waivers is itself invalid," he said.

Bloomington annexation: Maps, timeline and more about the process

Bloomington's current incorporated area is in light blue. Areas targeted for annexation surround it. Area 7 was dropped from the annexation plan last year.
Bloomington's current incorporated area is in light blue. Areas targeted for annexation surround it. Area 7 was dropped from the annexation plan last year.

Hamilton also said it's "too early to commit to a time frame" in which to complete the review process. He did not say what possible next steps the city is considering.

Colby Wicker, president of County Residents Against Annexation, could not be reached immediately.

Boris Ladwig is the city government reporter for The Herald-Times. Contact him at bladwig@heraldt.com.

This article originally appeared on The Herald-Times: Bloomington annexation fails in 5 of 7 areas