§ 36-4-3-1.7 — Outreach program

Indiana § 36-4-3-1.7

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 4: GOVERNMENT OF CITIES AND TOWNS
• Ch. 3: Municipal Annexation and Disannexation

Text

7. (a) This section applies only to an
annexation ordinance adopted after June 30, 2015. This section does
not apply to an annexation under section 5.1 of this chapter.
(b) Not earlier than six (6) months before a municipality introduces
an annexation ordinance, the municipality shall conduct an outreach
program to inform citizens regarding the proposed annexation. For an
annexation under section 3 or 4 of this chapter, the outreach program
must conduct at least six (6) public information meetings regarding the
proposed annexation. For an annexation under section 5 or 5.2 of this
chapter, the outreach program must conduct at least three (3) public
information meetings regarding the proposed annexation. The public
information meetings must provide citizens with the following
information:
(1) Maps showing the proposed boundaries of the annexation
territory.
(2) Proposed plans for extension of capital and noncapital
services in the annexation territory, including proposed dates of
extension. In the case of an annexation under section 5.2 of this
chapter, a copy of the preliminary written fiscal plan.
(3) Expected fiscal impact on taxpayers in the annexation
territory, including any increase in taxes and fees.
(c) The municipality shall provide notice of the dates, times, and
locations of the outreach program meetings. The municipality shall
publish the notice of the meetings under IC 5-3-1, including the date,
time, and location of the meetings, except that notice must be published
not later than thirty (30) days before the date of each meeting. The
municipality shall also send notice to each owner of land within the
annexation territory not later than thirty (30) days before the date of the
first meeting of the outreach program. The notice to landowners shall
be sent by first class mail, certified mail with return receipt requested,
or any other means of delivery that includes a return receipt and must
include the following information:
(1) The notice must inform the landowner that the municipality is
proposing to annex territory that includes the landowner's
property.
(2) The municipality is conducting an outreach program for the
purpose of providing information to landowners and the public
regarding the proposed annexation.
(3) The date, time, and location of the meetings to be conducted
under the outreach program.
(d) The notice shall be sent to the address of the landowner as listed
on the tax duplicate. If the municipality provides evidence that the
notice was sent:
(1) by certified mail, with return receipt requested or any other
means of delivery that includes a return receipt; and
(2) in accordance with this section;
it is not necessary that the landowner accept receipt of the notice. If a
remonstrance is filed under section 11 of this chapter, the municipality
shall file with the court proof that notices were sent to landowners
under this section and proof of publication.
(e) The notice required under this section is in addition to any notice
required under sections 2.1 and 2.2 of this chapter.

Legislative History

As added by P.L.228-2015, SEC.4. Amended by P.L.206-2016, SEC.2; P.L.70-2022, SEC.1.