Citations Affected: IC 36-9.
Synopsis: Waiver of the right to remonstrate against annexation.
Provides that if a person waives the person's right to remonstrate
against an annexation as part of an agreement with a municipality for
providing sewer service to the person's property, the waiver is not
enforceable against a successor in title to the property unless the waiver
is: (1) noted on the deed of the property; and (2) recorded in the office
of the recorder of the county in which the property is located.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Local Government.
A BILL FOR AN ACT to amend the Indiana Code concerning local
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. Any person tapping into or connecting to the sewage works contracted for
is considered to waive his rights to remonstrate against
the annexation of the area served by the sewage works. may grant, as
part of the consideration to the municipality, a release of the right
of the person and the person's successors in title to remonstrate
against pending or future annexations by the municipality of the
area served by the sewage works.
(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.
(e) A release of the right to remonstrate against pending or future annexations under subsection (c):
(1) must be noted on the deed of each property affected and recorded in the office of the recorder of the county in which the property is located; and
(2) is considered a covenant running with the land.
A release is not enforceable against a successor in title to the property unless the requirements of this subsection are met.
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.