Introduced Version
SENATE BILL No. 191
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-18-15-2; IC 36-4-3-11.4; IC 36-9-22-2.
Synopsis: Annexation remonstrance waivers. Provides that a waiver
or release of the right of remonstrance against annexation effective
after June 30, 2010, expires ten years after the date the waiver or
release is executed.
Effective: July 1, 2010.
Buck
January 5, 2010, read first time and referred to Committee on Local Government.
Introduced
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 191
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-18-15-2; (10)IN0191.1.1. -->
SECTION 1. IC 13-18-15-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The persons
involved shall negotiate the terms for connection and service under this
chapter.
(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, 2010, by a receiver of the
service expires ten (10) years after the date the waiver is executed.
SOURCE: IC 36-4-3-11.4; (10)IN0191.1.2. -->
SECTION 2. IC 36-4-3-11.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 11.4. A waiver of the right of remonstrance against
annexation executed after June 30, 2010, expires ten (10) years
after the date the waiver is executed.
SOURCE: IC 36-9-22-2; (10)IN0191.1.3. -->
SECTION 3. IC 36-9-22-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The power of the
municipal works board to fix the terms of a contract under this section
applies to contracts for the installation of sewage works that have not
been finally approved or accepted for full maintenance and operation
by the municipality on July 1, 1979.
(b) The works board of a municipality may contract with owners of
real property for the construction of sewage works within the
municipality or within four (4) miles outside its corporate boundaries
in order to provide service for the area in which the real property of the
owners is located. The contract must provide, for a period
of not to
exceed fifteen (15) years, for the payment to the owners and their
assigns by any owner of real property who:
(1) did not contribute to the original cost of the sewage works;
and
(2) subsequently taps into, uses, or deposits sewage or storm
waters in the sewage works or any lateral sewers connected to
them;
of a fair pro rata share of the cost of the construction of the sewage
works, subject to the rules of the board and notwithstanding any other
law relating to the functions of local governmental entities. However,
the contract does not apply to any owner of real property who is not a
party to it 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, 2010,
expires not more than ten (10) 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, 2010, is considered to waive the
person's rights to remonstrate against the annexation of the area
served by the sewage works for not more than ten (10) 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.