§ 36-9-2-20 — Repeal of extraterritorial authority; ordinances and resolutions adopted before July 1, 2019

Indiana § 36-9-2-20

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 2: General Powers Concerning Transportation and Public

Text

(a) Except as provided in subsection (c), the
repeal of section 19 of this chapter operates to void an ordinance or
resolution adopted by a municipality before July 1, 2019, that exercises
a power:
(1) under the sole authority of:
(A) section 9 of this chapter;
(B) section 10 of this chapter;
(C) section 11 of this chapter;
(D) section 12 of this chapter;
(E) section 13 of this chapter; or
(F) any combination of the statutes listed in clauses (A) through
(E); and
(2) within the ten (10) mile area outside the municipality's
boundaries under the authority of section 19 of this chapter
(before its repeal).
(b) The repeal of section 19 of this chapter does not prohibit a
municipality's ability to take water from a watercourse within the ten
(10) mile area outside the municipality's corporate boundaries.
(c) The repeal of section 19 of this chapter does not:
(1) prohibit or affect a municipality's authority to exercise a power
under section 9, 10, 11, 12, or 13 of this chapter with regard to a
watercourse within a municipal park:
(A) located within the ten (10) mile area outside the
municipality's boundaries; and
(B) that is owned or operated by the municipality pursuant to a
lease agreement in effect on June 30, 2019; or
(2) void an ordinance or resolution adopted under the authority of
section 9, 10, 11, 12, or 13 of this chapter with regard to a
watercourse described in subdivision (1).

Legislative History

As added by P.L.277-2019, SEC.14.