Indiana Code 36-4-3-22. Filing and recording annexation ordinances; copies; tax records
(1) each annexation ordinance against which:
Terms Used In Indiana Code 36-4-3-22
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
- Trustee: A person or institution holding and administering property in trust.
(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.
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.