East Hamilton County residents living in areas annexed into the city of Chattanooga without their consent are voicing frustration with an amendment made to the controversial de-annexation bill passed by the Tennessee Senate May 10.
If its companion measure is passed by the Tennessee House of Representatives next year, the bill will give residents in areas annexed by ordinance after 1999 an opportunity to secede. To do so, at least 20 percent of voters in the affected area would need to petition the city for a referendum vote, which would take place during the area's next general election, according to the process established by the bill.
In previous iterations of the legislation, only the majority of residents in the affected area needed to vote in favor of the referendum. In the amended version passed 29-3 by the Senate, however, the referendum would be opened up to all the voters in the city, instead of only those in the affected area.
The change has come as a disappointment to many in the annexed areas, who are worried the provision would significantly reduce their chances of seceding from the city.
"That would certainly be a slap in the face by the politicians," said Michael Iorio, a resident of East Brainerd's Ellington Way subdivision, which was annexed by Chattanooga in 2013. "I don't think you would have a chance if the whole city's voting. Why would I vote for someone else to leave if that would mean I have to pay a bigger share of the taxes?"
But the amendments have made city representatives and legislators more comfortable with the bill, which was killed on the Senate floor last year when many legislators asked for a more specific, surgical approach that would serve residents without crippling cities.
"Citizens would have to be really motivated in order to de-annex," said state Sen. Bo Watson, R-Hixson, referring to the recently passed Senate version of the de-annexation legislation which he sponsored. When asked if he feels the amended bill fulfills its intent to give citizens annexed without their consent an opportunity to secede, he said, "I think there should be a high bar set to be de-annexed from a city."
Other amendments made to the bill include a provision preventing areas completely surrounded by the city from seceding, avoiding so-called "doughnut holes." Another ensures that residents in any de-annexed areas would still be responsible for taxes related to any internal improvements the city made to their area after annexing it.
Some locals, like Peggy Jo Britton of Ray Jo Estates off Morris Hill Road, which was annexed in 2013, worry the latter may stick them with the bill for improvements they don't want, like the expensive sewer system Chattanooga will soon install in her neighborhood. Others, like Jim Chastain, president of the homeowners' association for Hixson's Ramsgate subdivision, another of the annexed areas that could be affected by the legislation, said most of the amendments are fair for both the citizens and the city.
"Other than the amendment to actually [allow] the whole city to vote the rest of the amendments are really quite reasonable and what we were prepared to work with," said Chastain, who is also a member of Hamilton County Residents Against Annexation, an anti-annexation group formed in 2009 to fight back against Chattanooga's push to absorb neighborhoods in areas like Hixson, Apison and Ooltewah.
State Rep. Mike Carter, R-Hixson, said he plans to introduce an amended version of the bill in the House next year. He said he's received a lot of feedback from constituents who are "very heartened" by the Senate bill's passage. While he said he hasn't heard from any city officials regarding their reactions, he plans to discuss the issue with them before bringing his companion bill before the House.
Residents in annexed areas are watching to see if that collaboration affects the citywide vote amendment.
"My hope is that when it comes up in the House bill next year that Rep. Carter is able to keep this [amendment] out," Chastain said.
Staff writers Andy Sher and Emily Crisman contributed to this story.