Bill Text: IN HB1273 | 2013 | Regular Session | Amended
Bill Title: Annexation.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-02-25 - First reading: referred to Committee on Local Government [HB1273 Detail]
Download: Indiana-2013-HB1273-Amended.html
Citations Affected: IC 36-4.
Synopsis: Annexation. Allows a municipality to annex property that
is not contiguous to the municipality and is occupied by a municipally
owned or operated wastewater treatment facility or water treatment
facility.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Local Government.
February 11, 2013, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) Territory that is contiguous to the municipality.
(2) Territory that is not contiguous to the municipality and is occupied by a municipally owned or operated:
(A) airport or landing field; or
(B) wastewater treatment facility or water treatment facility.
(3) Territory that is not contiguous to the municipality but is found by the legislative body to be occupied by a municipally owned or regulated sanitary landfill, golf course, or hospital. However, if territory annexed under this subsection ceases to be used as a municipally owned or regulated sanitary landfill, golf course, or hospital for at least one (1) year, the territory reverts to the jurisdiction of the unit having jurisdiction before the
annexation if the unit that had jurisdiction over the territory still
exists. If the unit no longer exists, the territory reverts to the
jurisdiction of the unit that would currently have jurisdiction over
the territory if the annexation had not occurred. The clerk of the
municipality shall notify the offices required to receive notice of
a disannexation under section 19 of this chapter when the territory
reverts to the jurisdiction of the unit having jurisdiction before the
annexation.
(b) This subsection applies to municipalities in a county having a
population of:
(1) more than seventy thousand fifty (70,050) but less than
seventy-one thousand (71,000);
(2) more than seventy-five thousand (75,000) but less than
seventy-seven thousand (77,000);
(3) more than seventy-one thousand (71,000) but less than
seventy-five thousand (75,000);
(4) more than forty-seven thousand (47,000) but less than
forty-seven thousand five hundred (47,500);
(5) more than thirty-eight thousand five hundred (38,500) but less
than thirty-nine thousand (39,000);
(6) more than thirty-seven thousand (37,000) but less than
thirty-seven thousand one hundred twenty-five (37,125);
(7) more than thirty-three thousand three hundred (33,300) but
less than thirty-three thousand five hundred (33,500);
(8) more than twenty-three thousand three hundred (23,300) but
less than twenty-four thousand (24,000);
(9) more than one hundred eighty-five thousand (185,000) but
less than two hundred fifty thousand (250,000);
(10) more than two hundred fifty thousand (250,000) but less than
two hundred seventy thousand (270,000); or
(11) more than thirty-two thousand five hundred (32,500) but less
than thirty-three thousand (33,000).
Except as provided in subsection (c), the legislative body of a
municipality to which this subsection applies may, by ordinance, annex
territory that is not contiguous to the municipality, has its entire area
not more than two (2) miles from the municipality's boundary, is to be
used for an industrial park containing one (1) or more businesses, and
is either owned by the municipality or by a property owner who
consents to the annexation. However, if territory annexed under this
subsection is not used as an industrial park within five (5) years after
the date of passage of the annexation ordinance, or if the territory
ceases to be used as an industrial park for at least one (1) year, the
territory reverts to the jurisdiction of the unit having jurisdiction before
the annexation if the unit that had jurisdiction over the territory still
exists. If the unit no longer exists, the territory reverts to the
jurisdiction of the unit that would currently have jurisdiction over the
territory if the annexation had not occurred. The clerk of the
municipality shall notify the offices entitled to receive notice of a
disannexation under section 19 of this chapter when the territory
reverts to the jurisdiction of the unit having jurisdiction before the
annexation.
(c) A city in a county with a population of more than two hundred
fifty thousand (250,000) but less than two hundred seventy thousand
(270,000) may not annex territory as prescribed in subsection (b) until
the territory is zoned by the county for industrial purposes.
(d) Notwithstanding any other law, territory that is annexed under
subsection (b) or (h) is not considered a part of the municipality for the
purposes of:
(1) annexing additional territory:
(A) in a county that is not described by clause (B); or
(B) in a county having a population of more than two hundred
fifty thousand (250,000) but less than two hundred seventy
thousand (270,000), unless the boundaries of the
noncontiguous territory become contiguous to the city, as
allowed by Indiana law;
(2) expanding the municipality's extraterritorial jurisdictional
area; or
(3) changing an assigned service area under IC 8-1-2.3-6(1).
(e) As used in this section, "airport" and "landing field" have the
meanings prescribed by IC 8-22-1.
(f) As used in this section, "hospital" has the meaning prescribed by
IC 16-18-2-179(b).
(g) An ordinance adopted under this section must assign the
territory annexed by the ordinance to at least one (1) municipal
legislative body district.
(h) This subsection applies to a city having a population of more
than twenty-nine thousand nine hundred (29,900) but less than
thirty-one thousand (31,000). The city legislative body may, by
ordinance, annex territory that:
(1) is not contiguous to the city;
(2) has its entire area not more than eight (8) miles from the city's
boundary;
(3) does not extend more than:
(A) one and one-half (1 1/2) miles to the west;
(B) three-fourths (3/4) mile to the east;
(C) one-half (1/2) mile to the north; or
(D) one-half (1/2) mile to the south;
of an interchange of an interstate highway (as designated by the federal highway authorities) and a state highway (as designated by the state highway authorities); and
(4) is owned by the city or by a property owner that consents to the annexation.
