§ 36-4-3-8 — Terms and conditions in adopted ordinance

(a) This section does not apply to an ordinance
adopted under section 5 or 5.1 of this chapter.
(b) An ordinance adopted under section 3 or 4 of this chapter must
include terms and conditions fairly calculated to make the annexation
equitable to the property owners and residents of the municipality and
the annexed territory. The terms and conditions may include:
(1) postponing the effective date of the annexation for not more
than three (3) years; and
(2) establishing equitable provisions for the future management
and improvement of the annexed territory and for the rendering of
needed services.
(c) This subsection applies to territory sought to be annexed that
meets all of the following requirements:
(1) The resident population density of the territory is at least three
(3) persons per acre.
(2) The territory is subdivided or is parceled through separate
ownerships into lots or parcels such that at least sixty percent
(60%) of the total number of lots and parcels are not more than
one (1) acre.
This subsection does not apply to an ordinance annexing territory
described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The
ordinance must include terms and conditions impounding in a special
fund all of the municipal property taxes imposed on the annexed
territory after the annexation takes effect that are not used to meet the
basic services described in section 13(d)(4) and 13(d)(5) of this chapter
for a period of at least three (3) years. The impounded property taxes
must be used to provide additional services that were not specified in
the plan of annexation. The impounded property taxes in the fund shall
be expended as set forth in this section, not later than five (5) years
after the annexation becomes effective.
[Pre-Local Government Recodification Citations:
18-5-10-19 part; 18-5-10-20 part; 18-5-10-21.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.248-1999, SEC.4; P.L.217-1999, SEC.5; P.L.224-2001,
SEC.8.