HOUSE BILL No. 2052
DIGEST OF INTRODUCED BILL
Synopsis: Annexation ordinance effective date. Provides that the date
on which an annexation ordinance takes effect must be at least 90 days
after the ordinance is published and filed.
Effective: July 1, 2001.
Klinker, Mock, Stevenson,
January 17, 2001, read first time and referred to Committee on Local Government.
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 2052
A BILL FOR AN ACT to amend the Indiana Code concerning local
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-4-3-7; (01)IN2052.1.1. -->
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7. (a) After an ordinance is adopted
under section 3, 4, or 5 of this chapter, it must be published in the
manner prescribed by
Except as provided in subsection (b) or
(c), in the absence of remonstrance and appeal under section 11 or 15.5
of this chapter, the ordinance takes effect at least
sixty (60) ninety (90)
days after its publication and upon the filing required by section 22(a)
of this chapter.
(b) An ordinance described in subsection (d) or adopted under
section 3, 4, or 5 of this chapter may not take effect during the year
preceding a year in which a federal decennial census is conducted. An
ordinance that would otherwise take effect during the year preceding
a year in which a federal decennial census is conducted takes effect
January 2 of the year in which a federal decennial census is conducted.
(c) Subsections (d) and (e) apply to fire protection districts that are
established after June 14, 1987.
(d) Except as provided in subsection (b), whenever a municipality
annexes territory, all or part of which lies within a fire protection
district (IC 36-8-11), the annexation ordinance (in the absence of
remonstrance and appeal under section 11 or 15.5 of this chapter) takes
effect the second January 1 that follows the date the ordinance is
adopted and upon the filing required by section 22(a) of this chapter.
The municipality shall:
(1) provide fire protection to that territory beginning the date the
ordinance is effective; and
(2) send written notice to the fire protection district of the date the
municipality will begin to provide fire protection to the annexed
territory within ten (10) days of the date the ordinance is adopted.
(e) If the fire protection district from which a municipality annexes
territory under subsection (d) is indebted or has outstanding unpaid
bonds or other obligations at the time the annexation is effective, the
municipality is liable for and shall pay that indebtedness in the same
ratio as the assessed valuation of the property in the annexed territory
(that is part of the fire protection district) bears to the assessed
valuation of all property in the fire protection district, as shown by the
most recent assessment for taxation before the annexation, unless the
assessed property within the municipality is already liable for the
indebtedness. The annexing municipality shall pay its indebtedness
under this section to the board of fire trustees. If the indebtedness
consists of outstanding unpaid bonds or notes of the fire protection
district, the payments to the board of fire trustees shall be made as the
principal or interest on the bonds or notes becomes due.