173 | | - | 35 annexation territory becomes surrounded on all sides by the |
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174 | | - | 36 municipality after June 30, 2025. |
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175 | | - | 37 (b) A municipality may annex territory by adopting an |
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176 | | - | 38 annexation ordinance under section 3 or 4 of this chapter after |
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177 | | - | 39 complying with sections 2.1 and 2.2 of this chapter. |
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178 | | - | 40 (c) Notwithstanding any other provision of this chapter, if a |
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179 | | - | 41 proposed annexation territory consists of: |
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180 | | - | 42 (1) land that: |
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181 | | - | HB 1473—LS 7649/DI 87 5 |
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182 | | - | 1 (A) is contiguous to the municipality under section 1.5 of |
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183 | | - | 2 this chapter; and |
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184 | | - | 3 (B) abuts, at least in part, one (1) side of railroad tracks |
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185 | | - | 4 and the railroad right-of-way; and |
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186 | | - | 5 (2) land: |
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187 | | - | 6 (A) that is not contiguous to the municipality under section |
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188 | | - | 7 1.5 of this chapter; and |
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189 | | - | 8 (B) that: |
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190 | | - | 9 (i) is separated from the land under subdivision (1) by; |
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191 | | - | 10 and |
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192 | | - | 11 (ii) abuts, at least in part, the opposite side of; |
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193 | | - | 12 the railroad tracks and railroad right-of-way described in |
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194 | | - | 13 subdivision (1)(B); |
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195 | | - | 14 the proposed annexation territory satisfies the contiguity |
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196 | | - | 15 requirements under section 1.5 of this chapter. The annexing |
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197 | | - | 16 municipality is not required to obtain the consent of any person |
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198 | | - | 17 owning, leasing, operating, or using the railroad tracks or railroad |
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199 | | - | 18 right-of-way to annex the proposed territory. |
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200 | | - | 19 SECTION 5. IC 36-4-3-7, AS AMENDED BY THE TECHNICAL |
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201 | | - | 20 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS |
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202 | | - | 21 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: |
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203 | | - | 22 Sec. 7. (a) After an ordinance is adopted under section 3, 3.7, 4, 5, 5.1, |
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204 | | - | 23 or 5.2 of this chapter, it must be published in the manner prescribed by |
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205 | | - | 24 IC 5-3-1. Except as provided in subsection (b), (c), or (e), in the |
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206 | | - | 25 absence of remonstrance and appeal under section 11 or 15.5 of this |
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207 | | - | 26 chapter, the ordinance takes effect at least ninety (90) days after its |
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208 | | - | 27 publication and upon the filing required by section 22(a) of this |
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209 | | - | 28 chapter. |
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210 | | - | 29 (b) For the purposes of this section, territory that has been: |
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211 | | - | 30 (1) added to an existing fire protection district under |
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212 | | - | 31 IC 36-8-11-11; or |
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213 | | - | 32 (2) approved by ordinance of the county legislative body to be |
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214 | | - | 33 added to an existing fire protection district under IC 36-8-11-11, |
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215 | | - | 34 notwithstanding that the territory's addition to the fire protection |
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216 | | - | 35 district has not yet taken effect; |
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217 | | - | 36 shall be considered a part of the fire protection district as of the date |
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218 | | - | 37 that the fire protection district was originally established. |
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219 | | - | 38 (c) This subsection applies only to a fire protection district |
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220 | | - | 39 established after July 1, 1987. This subsection does not apply to an |
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221 | | - | 40 annexation under subsection (g). (f). Whenever a municipality annexes |
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222 | | - | 41 territory, all or part of which lies within a fire protection district |
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223 | | - | 42 (IC 36-8-11), the annexation ordinance (in the absence of remonstrance |
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224 | | - | HB 1473—LS 7649/DI 87 6 |
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225 | | - | 1 and appeal under section 11 or 15.5 of this chapter) takes effect the |
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226 | | - | 2 second January 1 that follows the date the ordinance is adopted and |
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227 | | - | 3 upon the filing required by section 22(a) of this chapter. The |
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228 | | - | 4 municipality shall: |
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229 | | - | 5 (1) provide fire protection to that territory beginning the date the |
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230 | | - | 6 ordinance is effective; and |
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231 | | - | 7 (2) send written notice to the fire protection district of the date the |
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232 | | - | 8 municipality will begin to provide fire protection to the annexed |
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233 | | - | 9 territory within ten (10) days of the date the ordinance is adopted. |
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234 | | - | 10 (d) This subsection applies only to a fire protection district |
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235 | | - | 11 established after July 1, 1987. This subsection does not apply to an |
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236 | | - | 12 annexation under subsection (g). (f). If the fire protection district from |
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237 | | - | 13 which a municipality annexes territory is indebted or has outstanding |
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238 | | - | 14 unpaid bonds or other obligations at the time the annexation is |
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239 | | - | 15 effective, the municipality is liable for and shall pay that indebtedness |
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240 | | - | 16 in the same ratio as the assessed valuation of the property in the |
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241 | | - | 17 annexed territory (that is part of the fire protection district) bears to the |
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242 | | - | 18 assessed valuation of all property in the fire protection district, as |
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243 | | - | 19 shown by the most recent assessment for taxation before the |
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244 | | - | 20 annexation, unless the assessed property within the municipality is |
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245 | | - | 21 already liable for the indebtedness. The annexing municipality shall |
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246 | | - | 22 pay its indebtedness under this section to the board of fire trustees. If |
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247 | | - | 23 the indebtedness consists of outstanding unpaid bonds or notes of the |
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248 | | - | 24 fire protection district, the payments to the board of fire trustees shall |
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249 | | - | 25 be made as the principal or interest on the bonds or notes becomes due. |
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250 | | - | 26 (e) This subsection applies to an annexation initiated by property |
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251 | | - | 27 owners under section 5.1 of this chapter in which all property owners |
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252 | | - | 28 within the area to be annexed petition the municipality to be annexed. |
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253 | | - | 29 Subject to subsection (c), and in the absence of an appeal under section |
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254 | | - | 30 15.5 of this chapter, an annexation ordinance takes effect at least thirty |
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255 | | - | 31 (30) days after its publication and upon the filing required by section |
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256 | | - | 32 22(a) of this chapter. |
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257 | | - | 33 (f) Whenever a municipality annexes territory that lies within a fire |
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258 | | - | 34 protection district that has a total net assessed value (as determined by |
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259 | | - | 35 the county auditor) of more than one billion dollars ($1,000,000,000) |
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260 | | - | 36 on the date the annexation ordinance is adopted: |
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261 | | - | 37 (1) the annexed area shall remain a part of the fire protection |
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262 | | - | 38 district after the annexation takes effect; and |
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263 | | - | 39 (2) the fire protection district shall continue to provide fire |
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264 | | - | 40 protection services to the annexed area. |
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265 | | - | 41 The municipality shall not tax the annexed territory for fire protection |
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266 | | - | 42 services. The annexing municipality shall establish a special fire fund |
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267 | | - | HB 1473—LS 7649/DI 87 7 |
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268 | | - | 1 for all fire protection services that are provided by the municipality |
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269 | | - | 2 within the area of the municipality that is not within the fire protection |
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270 | | - | 3 district, and which shall not be assessed to the annexed special taxing |
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271 | | - | 4 district. The annexed territory that lies within the fire protection district |
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272 | | - | 5 shall continue to be part of the fire protection district special taxing |
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273 | | - | 6 district. |
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274 | | - | 7 SECTION 6. IC 36-4-3-8 IS AMENDED TO READ AS FOLLOWS |
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275 | | - | 8 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) This section does not apply |
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276 | | - | 9 to an ordinance adopted under section 3.7, 5, or 5.1 of this chapter. |
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277 | | - | 10 (b) An ordinance adopted under section 3 or 4 of this chapter must |
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278 | | - | 11 include terms and conditions fairly calculated to make the annexation |
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279 | | - | 12 equitable to the property owners and residents of the municipality and |
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280 | | - | 13 the annexed territory. The terms and conditions may include: |
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281 | | - | 14 (1) postponing the effective date of the annexation for not more |
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282 | | - | 15 than three (3) years; and |
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283 | | - | 16 (2) establishing equitable provisions for the future management |
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284 | | - | 17 and improvement of the annexed territory and for the rendering of |
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285 | | - | 18 needed services. |
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286 | | - | 19 (c) This subsection applies to territory sought to be annexed that |
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287 | | - | 20 meets all of the following requirements: |
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288 | | - | 21 (1) The resident population density of the territory is at least three |
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289 | | - | 22 (3) persons per acre. |
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290 | | - | 23 (2) The territory is subdivided or is parceled through separate |
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291 | | - | 24 ownerships into lots or parcels such that at least sixty percent |
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292 | | - | 25 (60%) of the total number of lots and parcels are not more than |
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293 | | - | 26 one (1) acre. |
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294 | | - | 27 This subsection does not apply to an ordinance annexing territory |
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295 | | - | 28 described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The |
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296 | | - | 29 ordinance must include terms and conditions impounding in a special |
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297 | | - | 30 fund all of the municipal property taxes imposed on the annexed |
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298 | | - | 31 territory after the annexation takes effect that are not used to meet the |
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299 | | - | 32 basic services described in section 13(d)(4) and 13(d)(5) of this chapter |
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300 | | - | 33 for a period of at least three (3) years. The impounded property taxes |
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301 | | - | 34 must be used to provide additional services that were not specified in |
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302 | | - | 35 the plan of annexation. The impounded property taxes in the fund shall |
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303 | | - | 36 be expended as set forth in this section, not later than five (5) years |
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304 | | - | 37 after the annexation becomes effective. |
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305 | | - | 38 SECTION 7. IC 36-4-3-13, AS AMENDED BY P.L.70-2022, |
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306 | | - | 39 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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307 | | - | 40 JULY 1, 2025]: Sec. 13. (a) Except as provided in subsection (e), at the |
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308 | | - | 41 hearing under section 12 of this chapter, the court shall order a |
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309 | | - | 42 proposed annexation to take place if the following requirements are |
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310 | | - | HB 1473—LS 7649/DI 87 8 |
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311 | | - | 1 met: |
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312 | | - | 2 (1) The requirements of either subsection (b) or (c). |
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313 | | - | 3 (2) The requirements of subsection (d). |
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314 | | - | 4 (3) The requirements of subsection (i). |
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315 | | - | 5 (b) The requirements of this subsection are met if the evidence |
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316 | | - | 6 establishes the following: |
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317 | | - | 7 (1) That the territory sought to be annexed is contiguous to the |
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318 | | - | 8 municipality. |
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319 | | - | 9 (2) One (1) of the following: |
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320 | | - | 10 (A) The resident population density of the territory sought to |
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321 | | - | 11 be annexed is at least three (3) persons per acre. |
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322 | | - | 12 (B) Sixty percent (60%) of the territory is subdivided. |
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323 | | - | 13 (C) The territory is zoned for commercial, business, or |
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324 | | - | 14 industrial uses. |
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325 | | - | 15 (c) The requirements of this subsection are met if the evidence |
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326 | | - | 16 establishes one (1) of the following: |
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327 | | - | 17 (1) That the territory sought to be annexed is: |
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328 | | - | 18 (A) contiguous to the municipality as required by section 1.5 |
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329 | | - | 19 of this chapter, except that at least one-fourth (1/4), instead of |
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330 | | - | 20 one-eighth (1/8), of the aggregate external boundaries of the |
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331 | | - | 21 territory sought to be annexed must coincide with the |
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332 | | - | 22 boundaries of the municipality; and |
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333 | | - | 23 (B) needed and can be used by the municipality for its |
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334 | | - | 24 development in the reasonably near future. |
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335 | | - | 25 (2) This subdivision applies only to an annexation for which an |
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336 | | - | 26 annexation ordinance is adopted after December 31, 2016. That |
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337 | | - | 27 the territory sought to be annexed involves an economic |
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338 | | - | 28 development project and the requirements of section 11.4 of this |
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339 | | - | 29 chapter are met. |
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340 | | - | 30 (3) The territory is described in section 5.2 of this chapter. |
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341 | | - | 31 (d) The requirements of this subsection are met if the evidence |
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342 | | - | 32 establishes that the municipality has developed and adopted a written |
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343 | | - | 33 fiscal plan and has established a definite policy, by resolution of the |
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344 | | - | 34 legislative body as set forth in section 3.1 of this chapter. The fiscal |
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345 | | - | 35 plan must show the following: |
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346 | | - | 36 (1) The cost estimates of planned services to be furnished to the |
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347 | | - | 37 territory to be annexed. The plan must present itemized estimated |
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348 | | - | 38 costs for each municipal department or agency. |
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349 | | - | 39 (2) The method or methods of financing the planned services. The |
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350 | | - | 40 plan must explain how specific and detailed expenses will be |
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351 | | - | 41 funded and must indicate the taxes, grants, and other funding to |
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352 | | - | 42 be used. |
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353 | | - | HB 1473—LS 7649/DI 87 9 |
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354 | | - | 1 (3) The plan for the organization and extension of services. The |
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355 | | - | 2 plan must detail the specific services that will be provided and the |
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356 | | - | 3 dates the services will begin. |
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357 | | - | 4 (4) That planned services of a noncapital nature, including police |
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358 | | - | 5 protection, fire protection, street and road maintenance, and other |
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359 | | - | 6 noncapital services normally provided within the corporate |
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360 | | - | 7 boundaries, will be provided to the annexed territory within one |
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361 | | - | 8 (1) year after the effective date of annexation and that they will be |
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362 | | - | 9 provided in a manner equivalent in standard and scope to those |
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363 | | - | 10 noncapital services provided to areas within the corporate |
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364 | | - | 11 boundaries regardless of similar topography, patterns of land use, |
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365 | | - | 12 and population density. |
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366 | | - | 13 (5) That services of a capital improvement nature, including street |
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367 | | - | 14 construction, street lighting, sewer facilities, water facilities, and |
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368 | | - | 15 storm water drainage facilities, will be provided to the annexed |
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369 | | - | 16 territory within three (3) years after the effective date of the |
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370 | | - | 17 annexation in the same manner as those services are provided to |
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371 | | - | 18 areas within the corporate boundaries, regardless of similar |
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372 | | - | 19 topography, patterns of land use, and population density, and in |
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373 | | - | 20 a manner consistent with federal, state, and local laws, |
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374 | | - | 21 procedures, and planning criteria. |
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375 | | - | 22 (6) This subdivision applies to a fiscal plan prepared after June |
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376 | | - | 23 30, 2015. The estimated effect of the proposed annexation on |
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377 | | - | 24 taxpayers in each of the political subdivisions to which the |
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378 | | - | 25 proposed annexation applies, including the expected tax rates, tax |
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379 | | - | 26 levies, expenditure levels, service levels, and annual debt service |
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380 | | - | 27 payments in those political subdivisions for four (4) years after |
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381 | | - | 28 the effective date of the annexation. |
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382 | | - | 29 (7) This subdivision applies to a fiscal plan prepared after June |
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383 | | - | 30 30, 2015. The estimated effect the proposed annexation will have |
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384 | | - | 31 on municipal finances, specifically how municipal tax revenues |
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385 | | - | 32 will be affected by the annexation for four (4) years after the |
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386 | | - | 33 effective date of the annexation. |
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387 | | - | 34 (8) This subdivision applies to a fiscal plan prepared after June |
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388 | | - | 35 30, 2015. Any estimated effects on political subdivisions in the |
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389 | | - | 36 county that are not part of the annexation and on taxpayers |
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390 | | - | 37 located in those political subdivisions for four (4) years after the |
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391 | | - | 38 effective date of the annexation. |
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392 | | - | 39 (9) This subdivision applies to a fiscal plan prepared after June |
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393 | | - | 40 30, 2015. A list of all parcels of property in the annexation |
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394 | | - | 41 territory and the following information regarding each parcel: |
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395 | | - | 42 (A) The name of the owner of the parcel. |
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396 | | - | HB 1473—LS 7649/DI 87 10 |
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397 | | - | 1 (B) The parcel identification number. |
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398 | | - | 2 (C) The most recent assessed value of the parcel. |
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399 | | - | 3 (D) The existence of a known waiver of the right to |
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400 | | - | 4 remonstrate on the parcel. This clause applies only to a fiscal |
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401 | | - | 5 plan prepared after June 30, 2016. |
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402 | | - | 6 (e) At the hearing under section 12 of this chapter, the court shall do |
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403 | | - | 7 the following: |
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404 | | - | 8 (1) Consider evidence on the conditions listed in subdivision (2). |
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405 | | - | 9 (2) Order a proposed annexation not to take place if the court |
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406 | | - | 10 finds that all of the following conditions that are applicable to the |
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407 | | - | 11 annexation exist in the territory proposed to be annexed: |
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408 | | - | 12 (A) This clause applies only to an annexation for which an |
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409 | | - | 13 annexation ordinance was adopted before July 1, 2015. The |
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410 | | - | 14 following services are adequately furnished by a provider |
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411 | | - | 15 other than the municipality seeking the annexation: |
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412 | | - | 16 (i) Police and fire protection. |
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413 | | - | 17 (ii) Street and road maintenance. |
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414 | | - | 18 (B) The annexation will have a significant financial impact on |
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415 | | - | 19 the residents or owners of land. The court may not consider: |
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416 | | - | 20 (i) the personal finances; or |
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417 | | - | 21 (ii) the business finances; |
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418 | | - | 22 of a resident or owner of land. The personal and business |
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419 | | - | 23 financial records of the residents or owners of land, including |
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420 | | - | 24 state, federal, and local income tax returns, may not be subject |
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421 | | - | 25 to a subpoena or discovery proceedings. |
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422 | | - | 26 (C) The annexation is not in the best interests of the owners of |
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423 | | - | 27 land in the territory proposed to be annexed as set forth in |
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424 | | - | 28 subsection (f). |
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425 | | - | 29 (D) This clause applies only to an annexation for which an |
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426 | | - | 30 annexation ordinance is adopted before July 1, 2015. One (1) |
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427 | | - | 31 of the following opposes the annexation: |
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428 | | - | 32 (i) At least sixty-five percent (65%) of the owners of land in |
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429 | | - | 33 the territory proposed to be annexed. |
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430 | | - | 34 (ii) The owners of more than seventy-five percent (75%) in |
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431 | | - | 35 assessed valuation of the land in the territory proposed to be |
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432 | | - | 36 annexed. |
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433 | | - | 37 Evidence of opposition may be expressed by any owner of land |
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434 | | - | 38 in the territory proposed to be annexed. |
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435 | | - | 39 (E) This clause applies only to an annexation for which an |
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436 | | - | 40 annexation ordinance is adopted after June 30, 2015. One (1) |
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437 | | - | 41 of the following opposes the annexation: |
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438 | | - | 42 (i) At least fifty-one percent (51%) of the owners of land in |
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439 | | - | HB 1473—LS 7649/DI 87 11 |
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440 | | - | 1 the territory proposed to be annexed. |
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441 | | - | 2 (ii) The owners of more than sixty percent (60%) in assessed |
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442 | | - | 3 valuation of the land in the territory proposed to be annexed. |
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443 | | - | 4 The remonstrance petitions filed with the court under section |
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444 | | - | 5 11 of this chapter are evidence of the number of owners of |
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445 | | - | 6 land that oppose the annexation, minus any written revocations |
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446 | | - | 7 of remonstrances that are filed with the court under section 11 |
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447 | | - | 8 of this chapter. |
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448 | | - | 9 (F) This clause applies only to an annexation for which an |
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449 | | - | 10 annexation ordinance is adopted before July 1, 2015. This |
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450 | | - | 11 clause applies only to an annexation in which eighty percent |
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451 | | - | 12 (80%) of the boundary of the territory proposed to be annexed |
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452 | | - | 13 is contiguous to the municipality and the territory consists of |
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453 | | - | 14 not more than one hundred (100) parcels. At least seventy-five |
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454 | | - | 15 percent (75%) of the owners of land in the territory proposed |
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455 | | - | 16 to be annexed oppose the annexation as determined under |
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456 | | - | 17 section 11(b) of this chapter. |
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457 | | - | 18 (f) The municipality under subsection (e)(2)(C) bears the burden of |
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458 | | - | 19 proving that the annexation is in the best interests of the owners of land |
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459 | | - | 20 in the territory proposed to be annexed. In determining this issue, the |
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460 | | - | 21 court may consider whether the municipality has extended sewer or |
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461 | | - | 22 water services to the entire territory to be annexed: |
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462 | | - | 23 (1) within the three (3) years preceding the date of the |
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463 | | - | 24 introduction of the annexation ordinance; or |
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464 | | - | 25 (2) under a contract in lieu of annexation entered into under |
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465 | | - | 26 IC 36-4-3-21. |
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466 | | - | 27 The court may not consider the provision of water services as a result |
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467 | | - | 28 of an order by the Indiana utility regulatory commission to constitute |
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468 | | - | 29 the provision of water services to the territory to be annexed. |
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469 | | - | 30 (g) The most recent: |
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470 | | - | 31 (1) federal decennial census; |
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471 | | - | 32 (2) federal special census; |
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472 | | - | 33 (3) special tabulation; or |
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473 | | - | 34 (4) corrected population count; |
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474 | | - | 35 shall be used as evidence of resident population density for purposes |
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475 | | - | 36 of subsection (b)(2)(A), but this evidence may be rebutted by other |
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476 | | - | 37 evidence of population density. |
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477 | | - | 38 (h) A municipality that prepares a fiscal plan after June 30, 2015, |
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478 | | - | 39 must comply with this subsection. A municipality may not amend the |
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479 | | - | 40 fiscal plan after the date that a remonstrance is filed with the court |
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480 | | - | 41 under section 11 of this chapter, unless amendment of the fiscal plan |
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481 | | - | 42 is consented to by at least sixty-five percent (65%) of the persons who |
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482 | | - | HB 1473—LS 7649/DI 87 12 |
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483 | | - | 1 signed the remonstrance petition. |
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484 | | - | 2 (i) The municipality must submit proof that the municipality has |
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485 | | - | 3 complied with: |
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486 | | - | 4 (1) the outreach program requirements and notice requirements |
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487 | | - | 5 of section 1.7 of this chapter; and |
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488 | | - | 6 (2) the requirements of section 11.1 of this chapter. |
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489 | | - | HB 1473—LS 7649/DI 87 13 |
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490 | | - | COMMITTEE REPORT |
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491 | | - | Mr. Speaker: Your Committee on Local Government, to which was |
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492 | | - | referred House Bill 1473, has had the same under consideration and |
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493 | | - | begs leave to report the same back to the House with the |
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494 | | - | recommendation that said bill be amended as follows: |
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495 | | - | Page 4, line 35, delete "is" and insert "becomes". |
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496 | | - | Page 4, line 35, delete "municipality." and insert "municipality |
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497 | | - | after June 30, 2025.". |
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498 | | - | Page 4, between lines 38 and 39, begin a new paragraph and insert: |
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499 | | - | "(c) Notwithstanding any other provision of this chapter, if a |
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500 | | - | proposed annexation territory consists of: |
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501 | | - | (1) land that: |
---|
502 | | - | (A) is contiguous to the municipality under section 1.5 of |
---|
503 | | - | this chapter; and |
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504 | | - | (B) abuts, at least in part, one (1) side of railroad tracks |
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505 | | - | and the railroad right-of-way; and |
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506 | | - | (2) land: |
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507 | | - | (A) that is not contiguous to the municipality under section |
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508 | | - | 1.5 of this chapter; and |
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509 | | - | (B) that: |
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510 | | - | (i) is separated from the land under subdivision (1) by; |
---|
511 | | - | and |
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512 | | - | (ii) abuts, at least in part, the opposite side of; |
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513 | | - | the railroad tracks and railroad right-of-way described in |
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514 | | - | subdivision (1)(B); |
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515 | | - | the proposed annexation territory satisfies the contiguity |
---|
516 | | - | requirements under section 1.5 of this chapter. The annexing |
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517 | | - | municipality is not required to obtain the consent of any person |
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518 | | - | owning, leasing, operating, or using the railroad tracks or railroad |
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519 | | - | right-of-way to annex the proposed territory.". |
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520 | | - | and when so amended that said bill do pass. |
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521 | | - | (Reference is to HB 1473 as introduced.) |
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522 | | - | MAY |
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523 | | - | Committee Vote: yeas 8, nays 1. |
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524 | | - | HB 1473—LS 7649/DI 87 |
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| 168 | + | 35 annexation territory is surrounded on all sides by the municipality. |
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| 169 | + | 36 (b) A municipality may annex territory by adopting an |
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| 170 | + | 37 annexation ordinance under section 3 or 4 of this chapter after |
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| 171 | + | 38 complying with sections 2.1 and 2.2 of this chapter. |
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| 172 | + | 39 SECTION 5. IC 36-4-3-7, AS AMENDED BY THE TECHNICAL |
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| 173 | + | 40 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS |
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| 174 | + | 41 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: |
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| 175 | + | 42 Sec. 7. (a) After an ordinance is adopted under section 3, 3.7, 4, 5, 5.1, |
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| 176 | + | 2025 IN 1473—LS 7649/DI 87 5 |
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| 177 | + | 1 or 5.2 of this chapter, it must be published in the manner prescribed by |
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| 178 | + | 2 IC 5-3-1. Except as provided in subsection (b), (c), or (e), in the |
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| 179 | + | 3 absence of remonstrance and appeal under section 11 or 15.5 of this |
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| 180 | + | 4 chapter, the ordinance takes effect at least ninety (90) days after its |
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| 181 | + | 5 publication and upon the filing required by section 22(a) of this |
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| 182 | + | 6 chapter. |
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| 183 | + | 7 (b) For the purposes of this section, territory that has been: |
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| 184 | + | 8 (1) added to an existing fire protection district under |
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| 185 | + | 9 IC 36-8-11-11; or |
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| 186 | + | 10 (2) approved by ordinance of the county legislative body to be |
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| 187 | + | 11 added to an existing fire protection district under IC 36-8-11-11, |
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| 188 | + | 12 notwithstanding that the territory's addition to the fire protection |
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| 189 | + | 13 district has not yet taken effect; |
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| 190 | + | 14 shall be considered a part of the fire protection district as of the date |
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| 191 | + | 15 that the fire protection district was originally established. |
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| 192 | + | 16 (c) This subsection applies only to a fire protection district |
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| 193 | + | 17 established after July 1, 1987. This subsection does not apply to an |
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| 194 | + | 18 annexation under subsection (g). (f). Whenever a municipality annexes |
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| 195 | + | 19 territory, all or part of which lies within a fire protection district (IC |
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| 196 | + | 20 36-8-11), the annexation ordinance (in the absence of remonstrance |
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| 197 | + | 21 and appeal under section 11 or 15.5 of this chapter) takes effect the |
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| 198 | + | 22 second January 1 that follows the date the ordinance is adopted and |
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| 199 | + | 23 upon the filing required by section 22(a) of this chapter. The |
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| 200 | + | 24 municipality shall: |
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| 201 | + | 25 (1) provide fire protection to that territory beginning the date the |
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| 202 | + | 26 ordinance is effective; and |
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| 203 | + | 27 (2) send written notice to the fire protection district of the date the |
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| 204 | + | 28 municipality will begin to provide fire protection to the annexed |
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| 205 | + | 29 territory within ten (10) days of the date the ordinance is adopted. |
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| 206 | + | 30 (d) This subsection applies only to a fire protection district |
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| 207 | + | 31 established after July 1, 1987. This subsection does not apply to an |
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| 208 | + | 32 annexation under subsection (g). (f). If the fire protection district from |
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| 209 | + | 33 which a municipality annexes territory is indebted or has outstanding |
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| 210 | + | 34 unpaid bonds or other obligations at the time the annexation is |
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| 211 | + | 35 effective, the municipality is liable for and shall pay that indebtedness |
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| 212 | + | 36 in the same ratio as the assessed valuation of the property in the |
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| 213 | + | 37 annexed territory (that is part of the fire protection district) bears to the |
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| 214 | + | 38 assessed valuation of all property in the fire protection district, as |
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| 215 | + | 39 shown by the most recent assessment for taxation before the |
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| 216 | + | 40 annexation, unless the assessed property within the municipality is |
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| 217 | + | 41 already liable for the indebtedness. The annexing municipality shall |
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| 218 | + | 42 pay its indebtedness under this section to the board of fire trustees. If |
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| 219 | + | 2025 IN 1473—LS 7649/DI 87 6 |
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| 220 | + | 1 the indebtedness consists of outstanding unpaid bonds or notes of the |
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| 221 | + | 2 fire protection district, the payments to the board of fire trustees shall |
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| 222 | + | 3 be made as the principal or interest on the bonds or notes becomes due. |
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| 223 | + | 4 (e) This subsection applies to an annexation initiated by property |
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| 224 | + | 5 owners under section 5.1 of this chapter in which all property owners |
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| 225 | + | 6 within the area to be annexed petition the municipality to be annexed. |
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| 226 | + | 7 Subject to subsection (c), and in the absence of an appeal under section |
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| 227 | + | 8 15.5 of this chapter, an annexation ordinance takes effect at least thirty |
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| 228 | + | 9 (30) days after its publication and upon the filing required by section |
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| 229 | + | 10 22(a) of this chapter. |
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| 230 | + | 11 (f) Whenever a municipality annexes territory that lies within a fire |
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| 231 | + | 12 protection district that has a total net assessed value (as determined by |
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| 232 | + | 13 the county auditor) of more than one billion dollars ($1,000,000,000) |
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| 233 | + | 14 on the date the annexation ordinance is adopted: |
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| 234 | + | 15 (1) the annexed area shall remain a part of the fire protection |
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| 235 | + | 16 district after the annexation takes effect; and |
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| 236 | + | 17 (2) the fire protection district shall continue to provide fire |
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| 237 | + | 18 protection services to the annexed area. |
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| 238 | + | 19 The municipality shall not tax the annexed territory for fire protection |
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| 239 | + | 20 services. The annexing municipality shall establish a special fire fund |
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| 240 | + | 21 for all fire protection services that are provided by the municipality |
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| 241 | + | 22 within the area of the municipality that is not within the fire protection |
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| 242 | + | 23 district, and which shall not be assessed to the annexed special taxing |
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| 243 | + | 24 district. The annexed territory that lies within the fire protection district |
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| 244 | + | 25 shall continue to be part of the fire protection district special taxing |
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| 245 | + | 26 district. |
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| 246 | + | 27 SECTION 6. IC 36-4-3-8 IS AMENDED TO READ AS FOLLOWS |
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| 247 | + | 28 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) This section does not apply |
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| 248 | + | 29 to an ordinance adopted under section 3.7, 5, or 5.1 of this chapter. |
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| 249 | + | 30 (b) An ordinance adopted under section 3 or 4 of this chapter must |
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| 250 | + | 31 include terms and conditions fairly calculated to make the annexation |
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| 251 | + | 32 equitable to the property owners and residents of the municipality and |
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| 252 | + | 33 the annexed territory. The terms and conditions may include: |
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| 253 | + | 34 (1) postponing the effective date of the annexation for not more |
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| 254 | + | 35 than three (3) years; and |
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| 255 | + | 36 (2) establishing equitable provisions for the future management |
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| 256 | + | 37 and improvement of the annexed territory and for the rendering of |
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| 257 | + | 38 needed services. |
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| 258 | + | 39 (c) This subsection applies to territory sought to be annexed that |
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| 259 | + | 40 meets all of the following requirements: |
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| 260 | + | 41 (1) The resident population density of the territory is at least three |
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| 261 | + | 42 (3) persons per acre. |
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| 262 | + | 2025 IN 1473—LS 7649/DI 87 7 |
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| 263 | + | 1 (2) The territory is subdivided or is parceled through separate |
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| 264 | + | 2 ownerships into lots or parcels such that at least sixty percent |
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| 265 | + | 3 (60%) of the total number of lots and parcels are not more than |
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| 266 | + | 4 one (1) acre. |
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| 267 | + | 5 This subsection does not apply to an ordinance annexing territory |
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| 268 | + | 6 described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The |
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| 269 | + | 7 ordinance must include terms and conditions impounding in a special |
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| 270 | + | 8 fund all of the municipal property taxes imposed on the annexed |
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| 271 | + | 9 territory after the annexation takes effect that are not used to meet the |
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| 272 | + | 10 basic services described in section 13(d)(4) and 13(d)(5) of this chapter |
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| 273 | + | 11 for a period of at least three (3) years. The impounded property taxes |
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| 274 | + | 12 must be used to provide additional services that were not specified in |
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| 275 | + | 13 the plan of annexation. The impounded property taxes in the fund shall |
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| 276 | + | 14 be expended as set forth in this section, not later than five (5) years |
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| 277 | + | 15 after the annexation becomes effective. |
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| 278 | + | 16 SECTION 7. IC 36-4-3-13, AS AMENDED BY P.L.70-2022, |
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| 279 | + | 17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 280 | + | 18 JULY 1, 2025]: Sec. 13. (a) Except as provided in subsection (e), at the |
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| 281 | + | 19 hearing under section 12 of this chapter, the court shall order a |
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| 282 | + | 20 proposed annexation to take place if the following requirements are |
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| 283 | + | 21 met: |
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| 284 | + | 22 (1) The requirements of either subsection (b) or (c). |
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| 285 | + | 23 (2) The requirements of subsection (d). |
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| 286 | + | 24 (3) The requirements of subsection (i). |
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| 287 | + | 25 (b) The requirements of this subsection are met if the evidence |
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| 288 | + | 26 establishes the following: |
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| 289 | + | 27 (1) That the territory sought to be annexed is contiguous to the |
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| 290 | + | 28 municipality. |
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| 291 | + | 29 (2) One (1) of the following: |
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| 292 | + | 30 (A) The resident population density of the territory sought to |
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| 293 | + | 31 be annexed is at least three (3) persons per acre. |
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| 294 | + | 32 (B) Sixty percent (60%) of the territory is subdivided. |
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| 295 | + | 33 (C) The territory is zoned for commercial, business, or |
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| 296 | + | 34 industrial uses. |
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| 297 | + | 35 (c) The requirements of this subsection are met if the evidence |
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| 298 | + | 36 establishes one (1) of the following: |
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| 299 | + | 37 (1) That the territory sought to be annexed is: |
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| 300 | + | 38 (A) contiguous to the municipality as required by section 1.5 |
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| 301 | + | 39 of this chapter, except that at least one-fourth (1/4), instead of |
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| 302 | + | 40 one-eighth (1/8), of the aggregate external boundaries of the |
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| 303 | + | 41 territory sought to be annexed must coincide with the |
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| 304 | + | 42 boundaries of the municipality; and |
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| 305 | + | 2025 IN 1473—LS 7649/DI 87 8 |
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| 306 | + | 1 (B) needed and can be used by the municipality for its |
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| 307 | + | 2 development in the reasonably near future. |
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| 308 | + | 3 (2) This subdivision applies only to an annexation for which an |
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| 309 | + | 4 annexation ordinance is adopted after December 31, 2016. That |
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| 310 | + | 5 the territory sought to be annexed involves an economic |
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| 311 | + | 6 development project and the requirements of section 11.4 of this |
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| 312 | + | 7 chapter are met. |
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| 313 | + | 8 (3) The territory is described in section 5.2 of this chapter. |
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| 314 | + | 9 (d) The requirements of this subsection are met if the evidence |
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| 315 | + | 10 establishes that the municipality has developed and adopted a written |
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| 316 | + | 11 fiscal plan and has established a definite policy, by resolution of the |
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| 317 | + | 12 legislative body as set forth in section 3.1 of this chapter. The fiscal |
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| 318 | + | 13 plan must show the following: |
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| 319 | + | 14 (1) The cost estimates of planned services to be furnished to the |
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| 320 | + | 15 territory to be annexed. The plan must present itemized estimated |
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| 321 | + | 16 costs for each municipal department or agency. |
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| 322 | + | 17 (2) The method or methods of financing the planned services. The |
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| 323 | + | 18 plan must explain how specific and detailed expenses will be |
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| 324 | + | 19 funded and must indicate the taxes, grants, and other funding to |
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| 325 | + | 20 be used. |
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| 326 | + | 21 (3) The plan for the organization and extension of services. The |
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| 327 | + | 22 plan must detail the specific services that will be provided and the |
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| 328 | + | 23 dates the services will begin. |
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| 329 | + | 24 (4) That planned services of a noncapital nature, including police |
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| 330 | + | 25 protection, fire protection, street and road maintenance, and other |
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| 331 | + | 26 noncapital services normally provided within the corporate |
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| 332 | + | 27 boundaries, will be provided to the annexed territory within one |
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| 333 | + | 28 (1) year after the effective date of annexation and that they will be |
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| 334 | + | 29 provided in a manner equivalent in standard and scope to those |
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| 335 | + | 30 noncapital services provided to areas within the corporate |
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| 336 | + | 31 boundaries regardless of similar topography, patterns of land use, |
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| 337 | + | 32 and population density. |
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| 338 | + | 33 (5) That services of a capital improvement nature, including street |
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| 339 | + | 34 construction, street lighting, sewer facilities, water facilities, and |
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| 340 | + | 35 storm water drainage facilities, will be provided to the annexed |
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| 341 | + | 36 territory within three (3) years after the effective date of the |
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| 342 | + | 37 annexation in the same manner as those services are provided to |
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| 343 | + | 38 areas within the corporate boundaries, regardless of similar |
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| 344 | + | 39 topography, patterns of land use, and population density, and in |
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| 345 | + | 40 a manner consistent with federal, state, and local laws, |
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| 346 | + | 41 procedures, and planning criteria. |
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| 347 | + | 42 (6) This subdivision applies to a fiscal plan prepared after June |
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| 348 | + | 2025 IN 1473—LS 7649/DI 87 9 |
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| 349 | + | 1 30, 2015. The estimated effect of the proposed annexation on |
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| 350 | + | 2 taxpayers in each of the political subdivisions to which the |
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| 351 | + | 3 proposed annexation applies, including the expected tax rates, tax |
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| 352 | + | 4 levies, expenditure levels, service levels, and annual debt service |
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| 353 | + | 5 payments in those political subdivisions for four (4) years after |
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| 354 | + | 6 the effective date of the annexation. |
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| 355 | + | 7 (7) This subdivision applies to a fiscal plan prepared after June |
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| 356 | + | 8 30, 2015. The estimated effect the proposed annexation will have |
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| 357 | + | 9 on municipal finances, specifically how municipal tax revenues |
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| 358 | + | 10 will be affected by the annexation for four (4) years after the |
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| 359 | + | 11 effective date of the annexation. |
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| 360 | + | 12 (8) This subdivision applies to a fiscal plan prepared after June |
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| 361 | + | 13 30, 2015. Any estimated effects on political subdivisions in the |
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| 362 | + | 14 county that are not part of the annexation and on taxpayers |
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| 363 | + | 15 located in those political subdivisions for four (4) years after the |
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| 364 | + | 16 effective date of the annexation. |
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| 365 | + | 17 (9) This subdivision applies to a fiscal plan prepared after June |
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| 366 | + | 18 30, 2015. A list of all parcels of property in the annexation |
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| 367 | + | 19 territory and the following information regarding each parcel: |
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| 368 | + | 20 (A) The name of the owner of the parcel. |
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| 369 | + | 21 (B) The parcel identification number. |
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| 370 | + | 22 (C) The most recent assessed value of the parcel. |
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| 371 | + | 23 (D) The existence of a known waiver of the right to |
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| 372 | + | 24 remonstrate on the parcel. This clause applies only to a fiscal |
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| 373 | + | 25 plan prepared after June 30, 2016. |
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| 374 | + | 26 (e) At the hearing under section 12 of this chapter, the court shall do |
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| 375 | + | 27 the following: |
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| 376 | + | 28 (1) Consider evidence on the conditions listed in subdivision (2). |
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| 377 | + | 29 (2) Order a proposed annexation not to take place if the court |
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| 378 | + | 30 finds that all of the following conditions that are applicable to the |
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| 379 | + | 31 annexation exist in the territory proposed to be annexed: |
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| 380 | + | 32 (A) This clause applies only to an annexation for which an |
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| 381 | + | 33 annexation ordinance was adopted before July 1, 2015. The |
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| 382 | + | 34 following services are adequately furnished by a provider |
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| 383 | + | 35 other than the municipality seeking the annexation: |
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| 384 | + | 36 (i) Police and fire protection. |
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| 385 | + | 37 (ii) Street and road maintenance. |
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| 386 | + | 38 (B) The annexation will have a significant financial impact on |
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| 387 | + | 39 the residents or owners of land. The court may not consider: |
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| 388 | + | 40 (i) the personal finances; or |
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| 389 | + | 41 (ii) the business finances; |
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| 390 | + | 42 of a resident or owner of land. The personal and business |
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| 391 | + | 2025 IN 1473—LS 7649/DI 87 10 |
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| 392 | + | 1 financial records of the residents or owners of land, including |
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| 393 | + | 2 state, federal, and local income tax returns, may not be subject |
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| 394 | + | 3 to a subpoena or discovery proceedings. |
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| 395 | + | 4 (C) The annexation is not in the best interests of the owners of |
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| 396 | + | 5 land in the territory proposed to be annexed as set forth in |
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| 397 | + | 6 subsection (f). |
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| 398 | + | 7 (D) This clause applies only to an annexation for which an |
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| 399 | + | 8 annexation ordinance is adopted before July 1, 2015. One (1) |
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| 400 | + | 9 of the following opposes the annexation: |
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| 401 | + | 10 (i) At least sixty-five percent (65%) of the owners of land in |
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| 402 | + | 11 the territory proposed to be annexed. |
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| 403 | + | 12 (ii) The owners of more than seventy-five percent (75%) in |
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| 404 | + | 13 assessed valuation of the land in the territory proposed to be |
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| 405 | + | 14 annexed. |
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| 406 | + | 15 Evidence of opposition may be expressed by any owner of land |
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| 407 | + | 16 in the territory proposed to be annexed. |
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| 408 | + | 17 (E) This clause applies only to an annexation for which an |
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| 409 | + | 18 annexation ordinance is adopted after June 30, 2015. One (1) |
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| 410 | + | 19 of the following opposes the annexation: |
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| 411 | + | 20 (i) At least fifty-one percent (51%) of the owners of land in |
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| 412 | + | 21 the territory proposed to be annexed. |
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| 413 | + | 22 (ii) The owners of more than sixty percent (60%) in assessed |
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| 414 | + | 23 valuation of the land in the territory proposed to be annexed. |
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| 415 | + | 24 The remonstrance petitions filed with the court under section |
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| 416 | + | 25 11 of this chapter are evidence of the number of owners of |
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| 417 | + | 26 land that oppose the annexation, minus any written revocations |
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| 418 | + | 27 of remonstrances that are filed with the court under section 11 |
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| 419 | + | 28 of this chapter. |
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| 420 | + | 29 (F) This clause applies only to an annexation for which an |
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| 421 | + | 30 annexation ordinance is adopted before July 1, 2015. This |
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| 422 | + | 31 clause applies only to an annexation in which eighty percent |
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| 423 | + | 32 (80%) of the boundary of the territory proposed to be annexed |
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| 424 | + | 33 is contiguous to the municipality and the territory consists of |
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| 425 | + | 34 not more than one hundred (100) parcels. At least seventy-five |
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| 426 | + | 35 percent (75%) of the owners of land in the territory proposed |
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| 427 | + | 36 to be annexed oppose the annexation as determined under |
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| 428 | + | 37 section 11(b) of this chapter. |
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| 429 | + | 38 (f) The municipality under subsection (e)(2)(C) bears the burden of |
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| 430 | + | 39 proving that the annexation is in the best interests of the owners of land |
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| 431 | + | 40 in the territory proposed to be annexed. In determining this issue, the |
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| 432 | + | 41 court may consider whether the municipality has extended sewer or |
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| 433 | + | 42 water services to the entire territory to be annexed: |
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| 434 | + | 2025 IN 1473—LS 7649/DI 87 11 |
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| 435 | + | 1 (1) within the three (3) years preceding the date of the |
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| 436 | + | 2 introduction of the annexation ordinance; or |
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| 437 | + | 3 (2) under a contract in lieu of annexation entered into under |
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| 438 | + | 4 IC 36-4-3-21. |
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| 439 | + | 5 The court may not consider the provision of water services as a result |
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| 440 | + | 6 of an order by the Indiana utility regulatory commission to constitute |
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| 441 | + | 7 the provision of water services to the territory to be annexed. |
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| 442 | + | 8 (g) The most recent: |
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| 443 | + | 9 (1) federal decennial census; |
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| 444 | + | 10 (2) federal special census; |
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| 445 | + | 11 (3) special tabulation; or |
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| 446 | + | 12 (4) corrected population count; |
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| 447 | + | 13 shall be used as evidence of resident population density for purposes |
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| 448 | + | 14 of subsection (b)(2)(A), but this evidence may be rebutted by other |
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| 449 | + | 15 evidence of population density. |
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| 450 | + | 16 (h) A municipality that prepares a fiscal plan after June 30, 2015, |
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| 451 | + | 17 must comply with this subsection. A municipality may not amend the |
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| 452 | + | 18 fiscal plan after the date that a remonstrance is filed with the court |
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| 453 | + | 19 under section 11 of this chapter, unless amendment of the fiscal plan |
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| 454 | + | 20 is consented to by at least sixty-five percent (65%) of the persons who |
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| 455 | + | 21 signed the remonstrance petition. |
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| 456 | + | 22 (i) The municipality must submit proof that the municipality has |
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| 457 | + | 23 complied with: |
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| 458 | + | 24 (1) the outreach program requirements and notice requirements |
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| 459 | + | 25 of section 1.7 of this chapter; and |
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| 460 | + | 26 (2) the requirements of section 11.1 of this chapter. |
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| 461 | + | 2025 IN 1473—LS 7649/DI 87 |
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