The Lewis County Prosecuting Attorney’s Office ruled Jan. 7 that a petition created by residents within the Chehalis urban growth area (UGA) demanding a vote for or against annexation cannot proceed.
In a letter, David Bailey, chief civil deputy prosecuting attorney, told Chehalis UGA resident Tim Potter the Lewis County Auditor’s Office received the referendum petition regarding the Chehalis annexation and forwarded it to the prosecuting attorney’s office.
Although the petition gained traction and gathered about 200 signatures, Bailey stated the same response that the Chehalis City Council and the Lewis County staff gave: the petition will not be honored because the choice for annexation was made through an interlocal agreement.
“A referendum is not part of the statutory interlocal-agreement annexation process detailed in RCW 35A.14.472 for accomplishing annexation of property within an urban growth area,” the letter read. “And referenda in general are not authorized for commission counties, such as Lewis County, because the power of referenda was not granted to commission counties in the State Constitution or via statute.
“Because the City of Chehalis and Lewis County followed the interlocal-agreement annexation statute to accomplish the annexation, and because Lewis County does not have general referenda authority, Lewis County cannot proceed with a referendum ballot measure,” Bailey continued.
Annexation was approved by the Chehalis City Council on Nov. 24 and the Lewis County Board of Commissions on Dec. 2. Potter spoke to both boards before the annexation ordinance was approved and stated that he would create a petition for referendum. In a letter to The Chronicle by Potter, he cited higher costs of living and “new restrictions that many never agreed to” as reasons to oppose the annexation if it proceeds as currently agreed upon.
Annexation is currently in a waiting period that gives impacted property owners, businesses and local government agencies a chance to appeal the annexation process, if they choose to do so.
The potential effects of annexation on taxes and other costs have been disputed, with city officials saying some residents in the UGA could see less taxation after annexation.
Mindy Brooks, Lewis County community development director, said during the Dec. 2 commissioners meeting that the referendum section listed in the RCW cited by Potter is irrelevant to the annexation process currently being taken. The city could have chosen to allow annexation to be decided by voters, but it opted for an interlocal agreement with the county instead.
For more Chronicle reporting on the petition for referendum, visit https://tinyurl.com/4wxf2y88.
