YES:
MR. SPEAKER:
Your Committee on Rules and Legislative Procedures , to which was referred
House Bill 2032 , has had the same under consideration and begs leave to report the
same back to the House with the recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Delete everything after the enacting clause and insert the following:
assessed value of the land for property tax purposes; and
(2) requesting an ordinance annexing the area described in the
petition.
(b) The petition circulated by the landowners must include on each
page where signatures are affixed a heading that is substantially similar
to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether city
or town) OF (insert name of city or town).".
(c) Except as provided in section 5.1 of this chapter, if the
legislative body fails to pass the ordinance within one hundred fifty
(150) days after the date of filing of a petition under subsection (a), the
petitioners may file a duplicate copy of the petition in the circuit or
superior court of a county in which the territory is located, and shall
include a written statement of why the annexation should take place.
Notice of the proceedings, in the form of a summons, shall be served
on the municipality named in the petition. The municipality is the
defendant in the cause and shall appear and answer.
(d) The court shall hear and determine the petition without a jury,
and shall order the proposed annexation to take place only if the
evidence introduced by the parties establishes that:
(1) essential municipal services and facilities are not available to
the residents of the territory sought to be annexed;
(2) the municipality is physically and financially able to provide
municipal services to the territory sought to be annexed;
(3) the population density of the territory sought to be annexed is
at least three (3) persons per acre; and
(4) the territory sought to be annexed is contiguous to the
municipality.
If the evidence does not establish all four (4) of the preceding factors,
the court shall deny the petition and dismiss the proceeding.
(e) This subsection does not apply to a town that has abolished town
legislative body districts under
IC 36-5-2-4.1.
An ordinance adopted
under this section must assign the territory annexed by the ordinance
to at least one (1) municipal legislative body district.
(f) In a county having a population of more than two hundred
thousand (200,000) but less than three hundred thousand (300,000), the
court shall hear and determine the petition without a jury and shall
order the proposed annexation to take place only if the evidence
introduced by the parties establishes that:
(1) essential city services and facilities are or can be made
available to the residents of the territory sought to be annexed;
(2) the city is physically and financially able to provide city
services to the territory sought to be annexed; and
(3) the territory sought to be annexed is contiguous to the city.
If the evidence does not establish all three (3) of the preceding factors,
the court shall deny the petition and dismiss the proceeding.
fix a time, within sixty (60) days of its determination, for a hearing on
the remonstrance. Notice of the proceedings, in the form of a summons,
shall be served on the annexing municipality. The municipality is the
defendant in the cause and shall appear and answer.
(d) If an annexation is initiated by property owners under section 5.1
of this chapter and all property owners within the area to be annexed
petition the municipality to be annexed, a remonstrance to the
annexation may not be filed under this section.
fiscal plan and has established a definite policy, by resolution of the
legislative body as set forth in section 3.1 of this chapter. The fiscal
plan must show the following:
(1) The cost estimates of planned services to be furnished to the
territory to be annexed. The plan must present itemized estimated
costs for each municipal department or agency.
(2) The method or methods of financing the planned services. The
plan must explain how specific and detailed expenses will be
funded and must indicate the taxes, grants, and other funding to
be used.
(3) The plan for the organization and extension of services. The
plan must detail the specific services that will be provided and the
dates the services will begin.
(4) That planned services of a noncapital nature, including police
protection, fire protection, street and road maintenance, and other
noncapital services normally provided within the corporate
boundaries, will be provided to the annexed territory within one
(1) year after the effective date of annexation and that they will be
provided in a manner equivalent in standard and scope to those
noncapital services provided to areas within the corporate
boundaries regardless of similar topography, patterns of land use,
and population density.
(5) That services of a capital improvement nature, including street
construction, street lighting, sewer facilities, water facilities, and
stormwater drainage facilities, will be provided to the annexed
territory within three (3) years after the effective date of the
annexation in the same manner as those services are provided to
areas within the corporate boundaries, regardless of similar
topography, patterns of land use, and population density, and in
a manner consistent with federal, state, and local laws,
procedures, and planning criteria. However, in a county having a
population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000), the fiscal plan of a city
must show that these services will be provided to the annexed
territory within four (4) years after the effective date of the
annexation and in the same manner as those services are provided
to areas within the corporate boundaries regardless of similar
topography, patterns of land use, or population density.
a population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000). However, this subsection does
not apply if on April 1, 1993, the entire boundary of the territory that
is proposed to be annexed was contiguous to territory that was within
the boundaries of one (1) or more municipalities. At the hearing under
section 12 of this chapter, the court shall do the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court
finds that all of the following conditions exist in the territory
proposed to be annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(C) One (1) of the following opposes the annexation:
(i) A majority of the owners of land in the territory proposed
to be annexed.
(ii) The owners of more than seventy-five percent (75%) in
assessed valuation of the land in the territory proposed to be
annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(h) (g) The most recent:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
shall be used as evidence of resident population density for purposes
of subsection (b)(2)(A), but this evidence may be rebutted by other
evidence of population density.
services of a capital improvement nature under section 13(d)(5)
of this chapter; or
(3) the four (4) year period for the implementation of planned
services of a capital improvement nature under section 13(d)(5)
of this chapter by a city for annexed territory in a county having
a population of more than two hundred thousand (200,000) but
less than three hundred thousand (300,000);
any person who pays taxes on property located within the annexed
territory may file a complaint alleging injury resulting from the failure
of the municipality to implement the plan. The complaint must name
the municipality as defendant and shall be filed with the circuit or
superior court of the county in which the annexed territory is located.
(b) The court shall hear the case within sixty (60) days without a
jury. In order to be granted relief, the plaintiff must establish one (1) of
the following:
(1) That the municipality has without justification failed to
implement the plan required by section 13 of this chapter within
the specific time limit for implementation after annexation.
(2) That the municipality has not provided police protection, fire
protection, sanitary sewers, and water for human consumption
within the specific time limit for implementation, unless one (1)
of these services is being provided by a separate taxing district or
by a privately owned public utility.
(3) That the annexed territory is not receiving governmental and
proprietary services substantially equivalent in standard and scope
to the services provided by the municipality to other areas of the
municipality, regardless of topography, patterns of land use, and
population density similar to the annexed territory.
(c) The court may:
(1) grant an injunction prohibiting the collection of taxes levied
by the municipality on the plaintiff's property located in the
annexed territory;
(2) award damages to the plaintiff not to exceed one and
one-fourth (1 1/4) times the taxes collected by the municipality
for the plaintiff's property located in the annexed territory;
(3) order the annexed territory or any part of it to be disannexed
from the municipality;
(4) order the municipality to submit a revised fiscal plan for
providing the services to the annexed territory within time limits
set up by the court; or
(5) grant any other appropriate relief.
(d) A change of venue from the county is not permitted for an action
brought under this section.
(e) If the court finds for the plaintiff, the defendant shall pay all
court costs and reasonable attorney's fees as approved by the court.
(f) The provisions of this chapter that apply to territory disannexed
by other procedures apply to territory disannexed under this section.
(Reference is to HB 2032 as introduced.)
and when so amended that said bill do pass.