Bill Text: IN SB0286 | 2013 | Regular Session | Introduced
Bill Title: Annexation remonstrance waivers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Local Government [SB0286 Detail]
Download: Indiana-2013-SB0286-Introduced.html
Citations Affected: IC 13-18-15-2; IC 36-4-3-11.4; IC 36-9.
Synopsis: Annexation remonstrance waivers. Provides that a waiver
or release of the right of remonstrance against annexation executed
after June 30, 2013, expires 25 years after the date the waiver or release
is executed.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) If service is ordered under this chapter, a receiver of that service that is located in an unincorporated area may grant a waiver to a municipality providing the service. A waiver under this section:
(1) must waive the receiver's right of remonstrance against annexation of the areas in which the service is to be provided; and
(2) may be one (1) of the terms for connection and service described in subsection (a).
(c) The waiver, if granted:
(1) shall be noted on the deed of each property affected and recorded as provided by law; and
(2) is considered a covenant running with the land.
(d) A waiver executed after June 30, 2013, by a receiver of the service expires twenty-five (25) years after the date the waiver is
executed.
(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
(1) did not contribute to the original cost of the sewage works; and
(2) subsequently taps into, uses, or deposits sewage or storm waters in the sewage works or any lateral sewers connected to them;
of a fair pro rata share of the cost of the construction of the sewage works, subject to the rules of the board and notwithstanding any other law relating to the functions of local governmental entities. However, the contract does not apply to any owner of real property who is not a party to it unless it has been recorded in the office of the recorder of the county in which the real property of the owner is located before the owner taps into or connects to the sewers and facilities. The board may provide that the fair pro rata share of the cost of construction includes interest at a rate not exceeding the amount of interest allowed on judgments, and the interest shall be computed from the date the sewage works are approved until the date payment is made to the municipality.
(c) The contract must include, as part of the consideration running to the municipality, the release of the right of the parties to the contract and their successors in title to remonstrate against pending or future annexations by the municipality of the area served by the sewage works. A release executed by the parties after June 30, 2013, expires twenty-five (25) years after the date the contract is executed. Any person tapping into or connecting to the sewage works
contracted for is considered to waive his the person's rights to
remonstrate against the annexation of the area served by the sewage
works. A person who taps into or connects to the sewage works
contracted for after June 30, 2013, is considered to waive the
person's rights to remonstrate against the annexation of the area
served by the sewage works for twenty-five (25) years after the
date of the connection.
(d) Subsection (c) does not apply to a landowner if all of the
following conditions apply:
(1) The landowner is required to connect to the sewage works
because a person other than the landowner has polluted or
contaminated the area.
(2) The costs of extension of or connection to the sewage works
are paid by a person other than the landowner or the municipality.
(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) 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 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), sewer service agreements made under subsection (e) must contain a 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.
A provision required by this subsection in a sewer service agreement that is executed after June 30, 2013, expires twenty-five (25) years after the date the waiver is executed.
(h) This section does not affect any sewer service agreements entered into before March 13, 1953.
(i) 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.
