Bill Text: IN HB1200 | 2013 | Regular Session | Introduced
Bill Title: Annexation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Local Government [HB1200 Detail]
Download: Indiana-2013-HB1200-Introduced.html
Citations Affected: IC 13-18-15-2; IC 36-4-3; IC 36-9-22-2.
Synopsis: Annexation. Provides, with certain exceptions, that when a
municipality initiates an annexation, the municipality must file a
petition with the court containing the signatures of: (1) at least 60% of
the landowners in the territory proposed to be annexed; or (2) the
owners of more than 75% in assessed valuation of the land in the
annexed territory. Provides that, if the court finds that the petition has
a sufficient number of signatures, a hearing must be conducted to
review the annexation and fiscal plan. Allows a person to intervene as
a party at the hearing to review the annexation and fiscal plan if: (1) the
person is an owner of property in the territory; (2) the person and no
other owner of the property have signed the petition filed by the
municipality; and (3) the person appeared at the hearing conducted by
the municipality on the annexation ordinance or submitted a
remonstrance or other document into the record of the hearing.
Eliminates a procedure that requires the court to order an annexation
not to take place if certain circumstances are shown. Removes
provisions allowing a municipality to obtain waivers of a landowner's
right to remonstrate against an annexation. Provides that in all
circumstances an annexation becomes effective when the ordinance or
judgment is filed by the municipal clerk. Repeals provisions
concerning: (1) waivers of remonstrance against an annexation; (2)
filing a remonstrance against an annexation; and (3) settlement
agreements in lieu of annexation.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Local Government.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
this chapter apply as follows:
(1) The addition of sections 8.5 and 8.6 (before its repeal) of this
chapter by P.L.379-1987(ss) applies to taxable years that begin
after January 1, 1987.
(2) The amendments made to section 4 of this chapter by
P.L.379-1987(ss) apply to taxable years that begin after January
1, 1987.
(3) The addition of and amendments made to sections 3.1, 5,
5.1, 5.5, 7, 7.1, 12, 13, 14, 15, and 22 of this chapter by
legislation enacted during the 2013 regular session of the
general assembly apply to an annexation for which an
annexation ordinance is adopted after June 30, 2013.
(b) A municipality shall develop and adopt a written fiscal plan and establish a definite policy by resolution of the legislative body that meets the requirements set forth in section 13 of this chapter.
(c) Except as provided in subsection (d), the municipality shall establish and adopt the written fiscal plan before mailing the notification to landowners in the territory proposed to be annexed under section 2.2 of this chapter.
(d) In an annexation under section 5,
(1) initiate or promote an annexation petition; or
(2) collect signatures on an annexation petition;
under this section.
(1) signed by at least:
(A) fifty-one percent (51%) of the owners of land in the territory sought to be annexed; or
(B) the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes; and
(2) requesting an ordinance annexing the area described in the petition.
"PETITION FOR ANNEXATION INTO THE (insert whether city or town) OF (insert name of city or town).".
(1) essential municipal services and facilities are not available to the residents of the territory sought to be annexed;
(2) the municipality is physically and financially able to provide municipal services to the territory sought to be annexed;
(3) the population density of the territory sought to be annexed is at least three (3) persons per acre; and
(4) the territory sought to be annexed is contiguous to the municipality.
If the evidence does not establish all four (4) of the preceding factors, the court shall deny the petition and dismiss the proceeding.
(1) requesting an ordinance annexing the area described in the petition; and
(2) signed by one hundred percent (100%) of the landowners that reside within the territory that is proposed to be annexed.
(b) Sections 2.1 and 2.2 of this chapter do not apply to an annexation under this section.
(c) The petition circulated by the landowners must include on each page where signatures are affixed a heading that is substantially similar to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether city or town) OF (insert name of city or town).".
(d) The municipality may:
(1) adopt an annexation ordinance annexing the territory; and
(2) adopt a fiscal plan and establish a definite policy by resolution of the legislative body;
after the legislative body has held a public hearing on the proposed annexation.
(e) The municipality may introduce and hold the public hearing on the annexation ordinance not later than thirty (30) days after the petition is filed with the legislative body. Notice of the public hearing may be published one (1) time in accordance with IC 5-3-1 at least twenty (20) days before the hearing. All interested parties must have the opportunity to testify at the hearing as to the proposed annexation.
(f) The municipality may adopt the annexation ordinance not earlier than fourteen (14) days after the public hearing under subsection (e).
(g) A landowner may withdraw the landowner's signature from the petition not more than thirteen (13) days after the municipality adopts the fiscal plan by providing written notice to the office of the clerk of the municipality. If a landowner withdraws the landowner's signature, the petition shall automatically be considered a voluntary petition that is filed with the legislative body under section 5 of this chapter, fourteen (14) days after the date the fiscal plan is adopted. All provisions applicable to a petition initiated under section 5 of this chapter apply to the petition.
(h) If the municipality does not adopt an annexation ordinance within sixty (60) days after the landowners file the petition with the legislative body, the landowners may file a duplicate petition with the circuit or superior court of a county in which the territory is located. The court shall determine whether the annexation shall take place as set forth in section 5 of this chapter.
than thirty (30) days after the adoption of the ordinance and upon the
filing and recording of the ordinance under section 22 of this chapter.
(1) applies to an annexation ordinance adopted after June 30, 2013; and
(2) does not apply to an annexation under section 5 or 5.1 of this chapter.
(b) After a municipality adopts an annexation ordinance under section 3 or 4 of this chapter, in order for the annexation to proceed, the municipality must file a written petition under subsection (e), signed by owners of land in the territory proposed to be annexed who are in favor of the annexation. The petition must be signed by:
(1) at least sixty percent (60%) of the owners of land in the territory proposed to be annexed; or
(2) the owners of more than seventy-five percent (75%) in assessed valuation of the land in the annexed territory.
(c) The petition circulated by the municipality must include on each page where signatures are affixed a heading that is substantially similar to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether city or town) OF (insert name of city or town).".
(d) A landowner may withdraw the landowner's signature from the petition not more than ten (10) days after the municipality adopts the annexation ordinance by providing written notice to the office of the clerk of the municipality. A landowner who withdraws the landowner's signature from the petition is considered not to have signed the petition for purposes of subsection (g)(2).
(e) The municipality must file the petition with the circuit or superior court of the county where the municipality is located not later than ninety (90) days after the publication of the annexation ordinance under section 7 of this chapter. The petition must be accompanied by:
(1) a copy of the ordinance; and
(2) the names and addresses of all persons who meet the requirements of subsection (g).
(f) On receipt of the petition, the court shall determine whether the petition has the necessary signatures. In determining the total number of landowners of the territory proposed to be annexed and whether signers of the petition are landowners, the names
appearing on the tax duplicate for that territory constitute prima
facie evidence of ownership. Only one (1) person having an interest
in each single property, as evidenced by the tax duplicate, is
considered a landowner for purposes of this section. If the court
determines that the municipality's petition is sufficient, the court
shall fix a time, not later than sixty (60) days after its
determination, for a hearing on the petition.
(g) A person may intervene as a party at the hearing described
in subsection (f) if the person:
(1) is an owner of property in the territory proposed to be
annexed;
(2) did not sign the petition and no other owner of the
property signed the petition filed by the municipality; and
(3) appeared in person or submitted a remonstrance or other
document objecting to the annexation into the record of the
hearing under section 2.1 of this chapter.
The court shall give a person described in this subsection notice of
the hearing on the petition by certified mail.
(1) This subdivision applies to an annexation under section 5 of this chapter. Except as provided in subsection (b) or (d), in the absence of an appeal under section 15.5 of this chapter, the annexation ordinance takes effect at least ninety (90) days after its publication and upon filing under section 22(a) of this chapter.
(2) This subdivision applies to an annexation under section 5.1 of this chapter. Except as provided in subsection (b) or (d), in the absence of an appeal under section 15.5 of this chapter, the ordinance takes effect not less than thirty (30) days after the adoption of the ordinance and upon the filing under section 22(a) of this chapter.
(3) This subdivision applies to an annexation under section 5.5 of this chapter. Except as provided in subsection (b) or (d), if
the court's judgment under section 12 of this chapter,
including any appeals under section 15.5 of this chapter, is in
favor of the annexation, the annexation is effective upon the
filing under section 22(a) of this chapter.
(4) This subdivision applies to an annexation under section 7.1
of this chapter. Notwithstanding subsection (b), if the court's
judgment under section 12 of this chapter, including any
appeals under section 15.5 of this chapter, is in favor of the
annexation, the annexation is effective upon the filing under
section 22(a) of this chapter.
(b) An ordinance described in subsection (d) or adopted under
section 3, 4, 5, or 5.1 of this chapter annexation may not take effect
during the year preceding a year in which a federal decennial census is
conducted. An ordinance that would otherwise take effect during the
year preceding a year in which a federal decennial census is conducted
takes effect January 1 of the year in which a federal decennial census
is conducted.
(c) Subsections (d) and (e) apply to fire protection districts that are
established after June 14, 1987.
(d) Except as provided in subsection (b), whenever a municipality
annexes territory, all or part of which lies within a fire protection
district (IC 36-8-11), the annexation ordinance (in the absence of
remonstrance and a hearing or an appeal under section 11 12 or 15.5
of this chapter) takes effect the second January 1 that follows the date
the ordinance is adopted and upon the filing required by section 22(a)
of this chapter. The municipality shall:
(1) provide fire protection to that territory beginning on the date
the ordinance is effective; and
(2) send written notice to the fire protection district of the date the
municipality will begin to provide fire protection to the annexed
territory within ten (10) days of the date the ordinance is adopted.
(e) If the fire protection district from which a municipality annexes
territory under subsection (d) is indebted or has outstanding unpaid
bonds or other obligations at the time the annexation is effective, the
municipality is liable for and shall pay that indebtedness in the same
ratio as the assessed valuation of the property in the annexed territory
(that is part of the fire protection district) bears to the assessed
valuation of all property in the fire protection district, as shown by the
most recent assessment for taxation before the annexation, unless the
assessed property within the municipality is already liable for the
indebtedness. The annexing municipality shall pay its indebtedness
under this section to the board of fire trustees. If the indebtedness
consists of outstanding unpaid bonds or notes of the fire protection
district, the payments to the board of fire trustees shall be made as the
principal or interest on the bonds or notes becomes due.
(f) This subsection applies to an annexation initiated by property
owners under section 5.1 of this chapter in which all property owners
within the area to be annexed petition the municipality to be annexed.
Subject to subsections (b) and (d), and in the absence of an appeal
under section 15.5 of this chapter, an annexation ordinance takes effect
at least thirty (30) days after its publication and upon the filing required
by section 22(a) of this chapter.
(1) The annexed territory has no population.
(2) Ninety percent (90%) of the total assessed value of the land for property tax purposes has one (1) owner.
(3) The annexation is required to fulfill an economic development incentive package and to retain an industry through various local incentives, including urban enterprise zone benefits.
the total number of landowners of the annexed territory and whether
signers of the remonstrance are landowners, the names appearing on
the tax duplicate for that territory constitute prima facie evidence of
ownership. Only one (1) person having an interest in each single
property, as evidenced by the tax duplicate, is considered a landowner
for purposes of this section.
(c) If the court determines that the remonstrance is sufficient, it shall
fix a time, within sixty (60) days of its determination, for a hearing on
the remonstrance. Notice of the proceedings, in the form of a summons,
shall be served on the annexing municipality. The municipality is the
defendant in the cause and shall appear and answer.
(d) If an annexation is initiated by property owners under section 5.1
of this chapter and all property owners within the area to be annexed
petition the municipality to be annexed, a remonstrance to the
annexation may not be filed under this section.
(e) This subsection applies if:
(1) the territory to be annexed consists of not more than one
hundred (100) parcels; and
(2) eighty percent (80%) of the boundary of the territory proposed
to be annexed is contiguous to the municipality.
An annexation may be appealed by filing with the circuit or superior
court of a county in which the annexed territory is located a written
remonstrance signed by at least seventy-five percent (75%) of the
owners of land in the annexed territory as determined under subsection
(b).
(1) on the date fixed under section
(2) without delay, enter judgment on the question of the
annexation according to the evidence that either party may
introduce.
(b) This subsection does not apply to an annexation under
section 7.1 of this chapter. If the court enters judgment in favor of the
annexation, the annexation may not take effect during the year
preceding the year in which a federal decennial census is conducted.
An annexation that would otherwise take effect during the year
preceding a year in which a federal decennial census is conducted takes
effect January 1 of the year in which a federal decennial census is
conducted.
(1) The requirements of either subsection (b) or (c).
(2) The requirements of subsection (d).
(b) The requirements of this subsection are met if the evidence establishes the following:
(1) That the territory sought to be annexed is contiguous to the municipality.
(2) One (1) of the following:
(A) The resident population density of the territory sought to be annexed is at least three (3) persons per acre.
(B) Sixty percent (60%) of the territory is subdivided.
(C) The territory is zoned for commercial, business, or industrial uses.
(c) The requirements of this subsection are met if the evidence establishes the following:
(1) That the territory sought to be annexed is contiguous to the municipality as required by section 1.5 of this chapter, except that at least one-fourth (1/4), instead of one-eighth (1/8), of the aggregate external boundaries of the territory sought to be annexed must coincide with the boundaries of the municipality.
(2) That the territory sought to be annexed is needed and can be used by the municipality for its development in the reasonably near future.
(d) The requirements of this subsection are met if the evidence establishes that the municipality has developed and adopted a written fiscal plan and has established a definite policy, by resolution of the legislative body as set forth in section 3.1 of this chapter. The fiscal
plan must show the following:
(1) The cost estimates of planned services to be furnished to the
territory to be annexed. The plan must present itemized estimated
costs for each municipal department or agency.
(2) The method or methods of financing the planned services. The
plan must explain how specific and detailed expenses will be
funded and must indicate the taxes, grants, and other funding to
be used.
(3) The plan for the organization and extension of services. The
plan must detail the specific services that will be provided and the
dates the services will begin.
(4) That planned services of a noncapital nature, including police
protection, fire protection, street and road maintenance, and other
noncapital services normally provided within the corporate
boundaries, will be provided to the annexed territory within one
(1) year after the effective date of annexation and that they will be
provided in a manner equivalent in standard and scope to those
noncapital services provided to areas within the corporate
boundaries regardless of similar topography, patterns of land use,
and population density.
(5) That services of a capital improvement nature, including street
construction, street lighting, sewer facilities, water facilities, and
stormwater drainage facilities, will be provided to the annexed
territory within three (3) years after the effective date of the
annexation in the same manner as those services are provided to
areas within the corporate boundaries, regardless of similar
topography, patterns of land use, and population density, and in
a manner consistent with federal, state, and local laws,
procedures, and planning criteria.
(e) At the hearing under section 12 of this chapter, the court shall do
the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court
finds that all of the conditions set forth in clauses (A) through (D)
and, if applicable, clause (E) exist in the territory proposed to be
annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
shall be used as evidence of resident population density for purposes of subsection (b)(2)(A), but this evidence may be rebutted by other evidence of population density.
(1) record the judgment in the clerk's ordinance record; and
(2) make a cross-reference to the record of the judgment on the margin of the record of the annexation ordinance.
(b) If a judgment under section 12 or 15.5 of this chapter is adverse to annexation, the municipality may not make further attempts to annex
the territory or any part of the territory during the four (4) years after
the later of:
(1) the judgment of the circuit or superior court; or
(2) the date of the final disposition of all appeals to a higher court;
unless the annexation is petitioned for under section 5 or 5.1 of this
chapter.
(c) This subsection applies if a municipality repeals the annexation
ordinance:
(1) less than sixty-one (61) days after the publication of the
ordinance under section 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance under
section 11(c) 12 of this chapter.
A municipality may not make further attempts to annex the territory or
any part of the territory during the twelve (12) months after the date the
municipality repeals the annexation ordinance. This subsection does
not prohibit an annexation of the territory or part of the territory that is
petitioned for under section 5 or 5.1 of this chapter.
(d) This subsection applies if a municipality repeals the annexation
ordinance:
(1) at least sixty-one (61) days but not more than one hundred
twenty (120) days after the publication of the ordinance under
section 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance under
section 11(c) 12 of this chapter.
A municipality may not make further attempts to annex the territory or
any part of the territory during the twenty-four (24) months after the
date the municipality repeals the annexation ordinance. This subsection
does not prohibit an annexation of the territory or part of the territory
that is petitioned for under section 5 or 5.1 of this chapter.
(e) This subsection applies if a municipality repeals the annexation
ordinance:
(1) either:
(A) at least one hundred twenty-one (121) days after
publication of the ordinance under section 7(a) of this chapter
but before the hearing commences on the remonstrance under
section 11(c) 12 of this chapter; or
(B) after the hearing commences on the remonstrance as set
forth in section 11(c) 12 of this chapter; and
(2) before the date of the judgment of the circuit or superior court
as set forth in subsection (b).
A municipality may not make further attempts to annex the territory or
any part of the territory during the forty-two (42) months after the date
the municipality repeals the annexation ordinance. This subsection
does not prohibit an annexation of the territory or part of the territory
that is petitioned for under section 5 or 5.1 of this chapter.
(f) If a judgment under section 12 or 15.5 of this chapter orders the
annexation to take place, the annexation is effective when the clerk of
the municipality complies with the filing requirement of section 22(a)
of this chapter.
(1) File each annexation ordinance against which
(A) The county auditor of each county in which the annexed territory is located.
(B) The circuit court clerk of each county in which the annexed territory is located.
(C) If a board of registration exists, the registration board of each county in which the annexed territory is located.
(D) The office of the secretary of state.
(E) The office of census data established by IC 2-5-1.1-12.2.
(2) Record each annexation ordinance adopted under this chapter in the office of the county recorder of each county in which the annexed territory is located.
(b) The copy must be filed and recorded no later than ninety (90) days after:
(1) the expiration of the period permitted for
(2) the delivery of a certified order under section 15 of this chapter.
(c) Failure to record the annexation ordinance as provided in subsection (a)(2) does not invalidate the ordinance.
(d) The county auditor shall forward a copy of any annexation ordinance filed under this section to the following:
(1) The county highway department of each county in which the lots or lands affected are located.
(2) The county surveyor of each county in which the lots or lands affected are located.
(3) Each plan commission, if any, that lost or gained jurisdiction over the annexed territory.
(4) The sheriff of each county in which the lots or lands affected are located.
(5) The township trustee of each township that lost or gained jurisdiction over the annexed territory.
(6) The office of the secretary of state.
(7) The office of census data established by IC 2-5-1.1-12.2.
(e) The county auditor may require the clerk of the municipality to furnish an adequate number of copies of the annexation ordinance or may charge the clerk a fee for photoreproduction of the ordinance. The county auditor shall notify the office of the secretary of state and the office of census data established by IC 2-5-1.1-12.2 of the date that the annexation ordinance is effective under this chapter.
(f) The county auditor or county surveyor shall, upon determining that an annexation ordinance has become effective under this chapter, indicate the annexation upon the property taxation records maintained in the office of the auditor or the office of the county surveyor.
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The power of the
municipal works board to fix the terms of a contract under this section
applies to contracts for the installation of sewage works that have not
been finally approved or accepted for full maintenance and operation
by the municipality on July 1, 1979.
(b) The works board of a municipality may contract with owners of
real property for the construction of sewage works within the
municipality or within four (4) miles outside its corporate boundaries
in order to provide service for the area in which the real property of the
owners is located. The contract must provide, for a period of not to
exceed fifteen (15) years, for the payment to the owners and their
assigns by any owner of real property who:
(1) did not contribute to the original cost of the sewage works;
and
(2) subsequently taps into, uses, or deposits sewage or storm
waters in the sewage works or any lateral sewers connected to
them;
of a fair pro rata share of the cost of the construction of the sewage
works, subject to the rules of the board and notwithstanding any other
law relating to the functions of local governmental entities. However,
the contract does not apply to any owner of real property who is not a
party to it unless it has been recorded in the office of the recorder of the
county in which the real property of the owner is located before the
owner taps into or connects to the sewers and facilities. The board may
provide that the fair pro rata share of the cost of construction includes
interest at a rate not exceeding the amount of interest allowed on
judgments, and the interest shall be computed from the date the sewage
works are approved until the date payment is made to the municipality.
(c) The contract must include, as part of the consideration running
to the municipality, the release of the right of the parties to the contract
and their successors in title to remonstrate against pending or future
annexations by the municipality of the area served by the sewage
works. Any person tapping into or connecting to the sewage works
contracted for is considered to waive his rights to remonstrate against
the annexation of the area served by the sewage works.
(d) Subsection (c) does not apply to a landowner if all of the
following conditions apply:
(1) The landowner is required to connect to the sewage works
because a person other than the landowner has polluted or
contaminated the area.
(2) The costs of extension of or connection to the sewage works
are paid by a person other than the landowner or the municipality.
