Sec. 22. (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.
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.
Structure Indiana Code
Article 4. Government of Cities and Towns Generally
Chapter 3. Municipal Annexation and Disannexation
36-4-3-0.1. Application of Certain Amendments to Chapter
36-4-3-1. Application of Chapter
36-4-3-1.4. Annexation Prohibited While Reorganization Pending
36-4-3-1.5. Contiguous Territory; Annexation of Public Highway
36-4-3-1.6. Territory Covered by Lake
36-4-3-2. Territories Inside Corporate Boundaries of Another Municipality
36-4-3-2.1. Public Hearing; Notice
36-4-3-2.2. Hearing Notice to Landowners
36-4-3-2.5. "Public Highway" Defined
36-4-3-3. Annexation of Contiguous Territory; Authorization
36-4-3-3.1. Written Fiscal Plan
36-4-3-3.3. Application of Section 8 of This Chapter to Certain Annexation Ordinances
36-4-3-3.5. Annexation Ordinance; Contents
36-4-3-4. Annexation of Noncontiguous Territory
36-4-3-4-b. Annexation of Noncontiguous Territory
36-4-3-4.1. Property Tax Exemption for Agricultural Property
36-4-3-4.2. County Infrastructure Reimbursement
36-4-3-4.3. Property Owned by County Redevelopment Commission
36-4-3-4.5. Applicability of Ic 36-4-3-4(g)
36-4-3-5. Private Lands; Petition Requesting Ordinance to Annex; Filing; Proceedings
36-4-3-5.1. Petitions Signed by 100% of Landowners
36-4-3-5.2. Residential Developments
36-4-3-6. Effect of Certified Copy of Ordinance
36-4-3-7. Publication of Adopted Ordinance; Effectiveness; Fire Protection Districts
36-4-3-7-b. Publication of Adopted Ordinance; Effectiveness; Fire Protection Districts
36-4-3-7.1. Trial Court Hearing on Annexation
36-4-3-7.2. Effective Date of Certain Annexations Involving Fire Protection Districts
36-4-3-8. Terms and Conditions in Adopted Ordinance
36-4-3-8.5. Tax Abatement in Annexed Territory; Ordinance; Required Provisions
36-4-3-9. Town Annexing Within Proximity of City
36-4-3-9.1. Annexation of Territory Within County; Requirements
36-4-3-11. Remonstrances; Filing; Determination of Signatures; Hearing
36-4-3-11.1. Filing of Remonstrance With County Auditor; Notice; Locations for Signing Remonstrance
36-4-3-11.2. Remonstrance Signature Requirements; Remonstrance Forms; Procedure
36-4-3-11.4. Signature Requirements for Annexation Involving an Economic Development Project
36-4-3-11.5. Waiver of Remonstrance Not Required
36-4-3-11.6. Attorney's Fees and Costs for Prevailing Remonstrators
36-4-3-11.7. Remonstrance Waivers; Expiration; Notice to Property Owner
36-4-3-12. Remonstrances; Hearing; Judgment
36-4-3-13. Remonstrances; Hearing; Order; Requirements
36-4-3-14. Remonstrances; Hearing; Change of Venue; Status of Annexation Pending
36-4-3-15. Remonstrances; Judgment; Repeal of Annexation; Effective Date of Annexation
36-4-3-15.3. Prohibition Against Annexation; Settlement Agreement
36-4-3-15.5. Appeals After Final Publication of Annexation Ordinance; Procedure
36-4-3-15.7. Appeal of Annexation Pending on January 1, 2014
36-4-3-17. Disannexation; Petition; Remonstrances; Hearing; Order
36-4-3-18. Disannexation; Appeal of Order; Bond; Scope of Order
36-4-3-20. Disannexation; Limitation on Subsequent Proceedings
36-4-3-21. Contracts With Owners or Lessees of Designated Properties in Lieu of Annexation
36-4-3-22. Filing and Recording Annexation Ordinances; Copies; Tax Records
36-4-3-22.1. Notice to Chairman of Alcohol and Tobacco Commission of Licensed Premises