Indiana § 36-4-3-21 Contracts with owners or lessees of designated properties in lieu of
annexation

Indiana Statutes

§ 36-4-3-21 — Contracts with owners or lessees of designated properties in lieu of annexation

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

(a)In lieu of annexing contiguous territory or in cases not involving annexation, the executive and the proper administrative agency of a municipality, with the consent of the municipal legislative body, may enter into contracts with the owners or lessees of designated property in the vicinity of the municipality, providing for the payment or contribution of money to the municipality for municipal or public purposes specified in the contract. The payments under the contract may be:

(1)related to or in consideration of municipal services or benefits received or to be received by the property owners or lessees;

(2)in lieu of taxes that might be levied on annexation of the designated property; or

(3)wholly unrelated to municipal services or benefits to or potential tax impositions on the

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(a) In lieu of annexing contiguous territory or
in cases not involving annexation, the executive and the proper
administrative agency of a municipality, with the consent of the
municipal legislative body, may enter into contracts with the owners or
lessees of designated property in the vicinity of the municipality,
providing for the payment or contribution of money to the municipality
for municipal or public purposes specified in the contract. The
payments under the contract may be:
(1) related to or in consideration of municipal services or benefits
received or to be received by the property owners or lessees;
(2) in lieu of taxes that might be levied on annexation of the
designated property; or
(3) wholly unrelated to municipal services or benefits to or
potential tax impositions on the designated property.
(b) Any other political subdivision that has taxing power in respect
to the designated property or is entitled to share in the property taxes
assessed and collected by the municipality may:
(1) join in a contract under this section; or
(2) enter into a separate agreement with the municipality,
providing for the division and distribution of contract payments
made under this section and for the receipt of a share of those
payments by the municipal authority.
(c) A contract under this section may be entered into for the term
agreed to by the municipality and the property owners or lessees, but
that term may not exceed:
(1) fifteen (15) continuous years under one (1) contract if the
municipality is a consolidated or second class city; or
(2) four (4) continuous years under one (1) contract if the
municipality is not a consolidated or second class city.
(d) A contract under this section continues in effect for its full term
unless it is:
(1) induced by fraud of the property owners or lessees;
(2) grossly and corruptly improvident on the part of the
municipality; or
(3) terminated or reduced in duration by agreement of the
municipality and the property owners or lessees.
(e) A contract under this section may provide that during its
effective term, the designated property of the contracting owners or
lessees is not subject to annexation by the municipality.
[Pre-Local Government Recodification Citation:
18-5-10-22.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts
1981, P.L.11, SEC.162.

Indiana § 36-4-3-21 (Contracts with owners or lessees of designated properties in lieu of annexation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.