§ 36-4-3-22 — Filing and recording annexation ordinances; copies; tax records

Indiana § 36-4-3-22

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

Text

(a) The clerk of the municipality shall file:
(1) each annexation ordinance against which:
(A) a remonstrance or an appeal has not been filed during the
period permitted under this chapter; or
(B) a remonstrance was filed without a sufficient number of
signatures to meet the requirements of section 11.3(c) of this
chapter, in the case of an annexation for which an annexation
ordinance was adopted after June 30, 2015; or
(2) the certified copy of a final and unappealable judgment
ordering an annexation to take place;
with the county auditor, circuit court clerk, and board of registration (if
a board of registration exists) of each county in which the annexed
territory is located, the office of the secretary of state, and the office of
census data established by IC 2-5-1.1-12.2. The clerk of the
municipality shall record each annexation ordinance adopted under this
chapter in the office of the county recorder of each county in which the
annexed territory is located.
(b) The ordinance or judgment must be filed and recorded no later
than ninety (90) days after:
(1) the expiration of the period permitted for a remonstrance or
appeal;
(2) the delivery of a certified order under section 15 of this
chapter; or
(3) the date the county auditor files the written certification with
the legislative body under section 11.2 of this chapter, in the case
of an annexation described in subsection (a)(1)(B).
(c) Failure to record the annexation ordinance as provided in
subsection (a) does not invalidate the ordinance.
(d) The county auditor shall forward a copy of any annexation
ordinance filed under this section to the following:
(1) The county highway department of each county in which the
lots or lands affected are located.
(2) The county surveyor of each county in which the lots or lands
affected are located.
(3) Each plan commission, if any, that lost or gained jurisdiction
over the annexed territory.
(4) The sheriff of each county in which the lots or lands affected
are located.
(5) The township trustee of each township that lost or gained
jurisdiction over the annexed territory.
(6) The office of the secretary of state.
(7) The office of census data established by IC 2-5-1.1-12.2.
(8) The department of local government finance, not later than
August 1, in the manner described by the department.
(e) The county auditor may require the clerk of the municipality to
furnish an adequate number of copies of the annexation ordinance or
may charge the clerk a fee for photoreproduction of the ordinance. The
county auditor shall notify the office of the secretary of state and the
office of census data established by IC 2-5-1.1-12.2 of the date that the
annexation ordinance is effective under this chapter.
(f) The county auditor or county surveyor shall, upon determining
that an annexation ordinance has become effective under this chapter,
indicate the annexation upon the property taxation records maintained
in the office of the auditor or the office of the county surveyor.

Legislative History

As added by P.L.218-1986, SEC.2. Amended by P.L.301-1989, SEC.1; P.L.5-1989, SEC.100; P.L.1-1990, SEC.358; P.L.7-1990, SEC.57; P.L.3-1997, SEC.456; P.L.248-1999, SEC.10; P.L.217-1999, SEC.10; P.L.14-2000, SEC.80; P.L.212-2001, SEC.34; P.L.276-2001, SEC.9; P.L.1-2002, SEC.159; P.L.228-2015, SEC.22; P.L.38-2021, SEC.84.