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 this style type.
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
SECTION 1. IC 36-4-3-4.1, AS AMENDED BY P.L.119-2012,
SECTION 186, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a)
A municipality may
annex territory under this section only if the territory is contiguous
to the municipality. The legislative body of a municipality may, by
ordinance, annex territory that:
(1) is contiguous to the municipality;
(2) is in a town having a population of more than:
(A) twenty-five thousand (25,000); or
(B) ten thousand (10,000) but less than twenty thousand
(20,000);
located in a county having a population of more than one hundred
forty thousand (140,000) but less than one hundred fifty thousand
(150,000), if the town has its entire area within the township
within which the town is primarily located; and
(3) is owned by a property owner who consents to the annexation.
(b) Territory annexed under this section is exempt from all property
tax liability under IC 6-1.1 for municipal purposes for all portions of
the annexed territory that are classified for zoning purposes as
agricultural and remain exempt from the property tax liability while the
property's zoning classification remains agricultural. However, if the
annexation ordinance annexing the territory is adopted after June 30,
2006, the property tax liability under IC 6-1.1 for municipal purposes
may be exempted for a period of not more than ten (10) years.
(c) There may not be a change in the zoning classification of
territory annexed under this section without the consent of the owner
of the annexed territory.
(d) Territory annexed under this section may not be considered a
part of the municipality for purposes of annexing additional territory
under section 3 or 4 of this chapter. However, territory annexed under
this section shall be considered a part of the municipality for purposes
of annexing additional territory under section 5 or 5.1 of this chapter.
SECTION 2. IC 36-4-3-9, AS AMENDED BY P.L.111-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) A town must obtain the consent of both
the metropolitan development commission and the legislative body of
a county having a consolidated city before annexing territory within the
county where a consolidated city is located.
(b) A town may not annex within an area that extends one (1)
mile outside the corporate boundaries of a second or third class
city. A town may annex within the area that extends:
(1) more than one (1) mile; and
(2) not more than three (3) miles;
outside the corporate boundaries of a second or third class city, if
the annexation by the town does not include territory that extends
more than one (1) mile outside the corporate boundaries of the
town.
(b) A town must obtain the consent of the legislative body of a
second or third class city before annexing territory within three (3)
miles of the corporate boundaries of the city unless:
(c) Subsection (b) does not apply to:
(1) the a town that proposes to annex the territory is located in a
different county than the city; or
(2) the an annexation by the a town that is:
(A) an annexation under section 5 or 5.1 of this chapter; or
(B) consented to by at least fifty-one percent (51%) of the
owners of land in the territory the town proposes to annex.
(c) (d) In determining the total number of landowners of the
annexed territory and whether signers of a consent under subsection
(b)(2)(B) (c)(2)(B) 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.
(d) (e) Each municipality that is known as an included town under
IC 36-3-1-7 is also considered a town for purposes of this section.
SECTION 3. IC 36-9-22-2, AS AMENDED BY SEA 385-2013,
SECTION 4, IS AMENDED TO READ AS 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 the contract unless
it the contract or (after June 30, 2013)
a signed memorandum of the contract 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 the person's rights to remonstrate
against the annexation of the area served by the sewage works.
(d) This subsection does not affect any rights or liabilities
accrued, or proceedings begun before July 1, 2013. Those rights,
liabilities, and proceedings continue and shall be imposed and
enforced under prior law as if this subsection had not been enacted.
For contracts executed after June 30, 2013, the release of the right
to remonstrate is binding on a successor in title to a party to the
contract only if the successor in title:
(1) has actual notice of the release; or
(2) has constructive notice of the release because the contract,
or a signed memorandum of the contract stating the release,
has been recorded in the chain of title of the property.
(d) (e) 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.
(e) (f) Subsection (c) does not apply to a landowner who taps into,
connects to, or is required to tap into or connect to the sewage works
of a municipality only because the municipality provides wholesale
sewage service (as defined in IC 8-1-2-61.7) to another municipality
that provides sewage service to the landowner.
SECTION 4. IC 36-9-25-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) As to each
municipality to which this chapter applies:
(1) all the territory included within the corporate boundaries of
the municipality; and
(2) any territory, town, addition, platted subdivision, or unplatted
land lying outside the corporate boundaries of the municipality
that has been taken into the district in accordance with a prior
statute, the sewage or drainage of which discharges into or
through the sewage system of the municipality;
constitutes a special taxing district for the purpose of providing for the
sanitary disposal of the sewage of the district in a manner that protects
the public health and prevents the undue pollution of watercourses of
the district.
(b) Upon request by:
(1) a resolution adopted by the legislative body of another
municipality in the same county; or
(2) a petition of the majority of the resident freeholders in a
platted subdivision or of the owners of unplatted land outside the
boundaries of a municipality, if the platted subdivision or
unplatted land is in the same county;
the board may adopt a resolution incorporating all or any part of the
area of the municipality, platted subdivision, or unplatted land into the
district.
(c) A request under subsection (b) must be signed and certified as
correct by the secretary of the legislative body, resident freeholders, or
landowners. The original shall be preserved in the records of the board.
The resolution of the board incorporating an area in the district must be
in writing and must contain an accurate description of the area
incorporated into the district. A certified copy of the resolution, signed
by the president and secretary of the board, together with a map
showing the boundaries of the district and the location of additional
areas, shall be delivered to the auditor of the county within which the
district is located. It shall be properly indexed and kept in the
permanent records of the offices of the auditor.
(d) In addition, upon request by ten (10) or more interested resident
freeholders in a platted or unplatted territory, the board may define the
limits of an area within the county and including the property of the
freeholders that is to be considered for inclusion into the district.
Notice of the defining of the area by the board, and notice of the
location and limits of the area, shall be given by publication in
accordance with IC 5-3-1. Upon request by a majority of the resident
freeholders of the area, the area may be incorporated into the district in
the manner provided in this section. The resolution of the board
incorporating the area into the district and a map of the area shall be
made and filed in the same manner.
(e) In addition, a person owning or occupying real property outside
the district may enter into a sewer service agreement with the board for
connection to the sewage works of the district. If the agreement
provides for connection at a later time, the date or the event upon
which the service commences shall be stated in the agreement. The
agreement may impose any conditions for connection that the board
determines. The agreement must also provide the amount of service
charge to be charged for connection if the persons are not covered
under section 11 of this chapter, with the amount to be fixed by the
board in its discretion and without a hearing.
(f) All sewer service agreements made under subsection (e)
or
(after June 30, 2013) a signed memorandum of the sewer service
agreement shall be recorded in the office of the recorder of the county
where the property is located. The agreements run with the property
described and are binding upon the persons owning or occupying the
property, their personal representatives, heirs, devisees, grantees,
successors, and assigns. Each
recorded agreement
that is recorded, or
each agreement of which a signed memorandum is recorded, and
that provides for the property being served to be placed on the tax rolls
shall be certified by the board to the auditor of the county where the
property is located. The certification must state the date the property is
to be placed on the tax rolls, and upon receipt of the certification
together with a copy of the agreement, the auditor shall immediately
place the property certified upon the rolls of property subject to the
levy and collection of taxes for the district. An agreement may provide
for the collection of a service charge for the period services are
rendered before the levy and collection of the tax.
(g) Except as provided in subsection
(i), (j), sewer service
agreements made under subsection (e) must contain a
waiver provision
that persons (other than municipalities) who own or occupy property
agree for themselves, their executors, administrators, heirs, devisees,
grantees, successors, and assigns that they will:
(1) neither object to nor file a remonstrance against the proposed
annexation of the property by a municipality within the
boundaries of the district;
(2) not appeal from an order or a judgment annexing the property
to a municipality; and
(3) not file a complaint or an action against annexation
proceedings.
(h) This subsection does not affect any rights or liabilities
accrued or proceedings begun before July 1, 2013. Those rights,
liabilities, and proceedings continue and shall be imposed and
enforced under prior law as if this subsection had not been enacted.
For contracts executed after June 30, 2013, a waiver of the right to
remonstrate under subsection (g) is binding as to an executor,
administrator, heir, devisee, grantee, successor, or assign of a party
to a sewer service agreement under subsection (g) only if the
executor, administrator, heir, devisee, grantee, successor, or
assign:
(1) has actual notice of the waiver; or
(2) has constructive notice of the waiver because the sewer
service agreement or a signed memorandum of the sewer
service agreement stating the waiver has been recorded in the
chain of title of the property.
(h) (i) This section does not affect any sewer service agreements
entered into before March 13, 1953.
(i) (j) Subsection (g) does not apply to a landowner if all of the
following conditions apply:
(1) The landowner is required to connect to a sewer service
because a person other than the landowner has polluted or
contaminated the area.
(2) The costs of extension of service or connection to the sewer
service are paid by a person other than the landowner or the
municipality.
SECTION 5. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "committee" refers to the interim study committee on
annexation authorized in subsection (b).
(b) The interim study committee on annexation may be
established.
(c) The committee consists of the following members:
(1) Four (4) members of the house of representatives
appointed by the speaker of the house of representatives. Not
more than two (2) members appointed under this subdivision
may be members of the same political party.
(2) Four (4) members of the senate appointed by the president
pro tempore of the senate. Not more than two (2) members
appointed under this subdivision may be members of the same
political party.
(d) The chairman of the legislative council shall appoint the
committee's chair.
(e) IC 2-5-1.2 applies to the committee.
(f) The committee shall study the following:
(1) The annexation process.
(2) The impact of annexation on property owners and political
subdivisions, including the resulting shift in assessed value
between political subdivisions.
(3) Limiting the amount of assessed value that a municipality
may annex within a year or other period.
(g) This SECTION expires November 1, 2013.
SECTION 6.
An emergency is declared for this act.
SEA 285 _ CC 1
Figure
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