NEWS ALERT: HB 1561 Should Be Of Interest To All Rural Vanderburgh County Residents.

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    The attached is HB 1561 should be of interest to all rural Vanderburgh County residents.   HB1561,authored by Representative Mahan(R)and co-authored by Truitt(R).  

    Attached is the synopsis of the proposed House Bill 1561 posted below for your review: This proposed bill provides that is an annexation territory receives ANY services from the annexing municipality,the landowners DO NOT have a right to remonstrate against annexation.
    There are 2 highlights of this bill should be of concern to rural residents of Vanderburgh County.  This proposed bill would  require that if no services are provided,  60% of the landowners,  or 75% of the assessed property valuation must sign a remonstrance petition.
     
    The highlights of highlights and full synopsis is attached below.
     
    If this proposed HB 1561 causes you any concerns we urged you to contact your State Representative to voice your concern soon as possible 

    Introduced Version HOUSE BILL No. 1561 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 36-4-3. Synopsis: Annexation. Provides the following for annexations for which an annexation ordinance is adopted after June 30, 2015:

    (1) Provides that if an annexation territory receives any services from the annexing municipality, the landowners do not have a right to remonstrate against the annexation. (2) Provides that if the annexation territory does not receive any services from the annexing municipality, at least 60% of landowners (instead of 65%) or the owners of 75% of the assessed value of the property in the territory are required to sign a sufficient remonstrance petition. (3) Allows a municipality to obtain a waiver of a landowner’s right to remonstrate and any right of a successor in title to remonstrate, as a condition of providing any service to the landowner. (4) Requires a landowner to have the landowner’s property rezoned as agricultural before an annexation ordinance is adopted, in order to obtain the agricultural property tax exemption. Requires the landowner to pay any rezoning costs, except that the annexing municipality pays the cost of resurveying the property, if resurveying is necessary. (5) Provides that the annexation fiscal plan is similar to plans required for local government mergers and reorganizations. (6) Prohibits the fiscal plan from being amended after a remonstrance petition is filed, unless the amendment is consented to by remonstrators. (7) Requires the department of local government finance to issue comments on the fiscal plan. (8) Requires a municipality to conduct an outreach program to inform citizens about a proposed annexation. (9) Allows remonstrators who prevail at a remonstrance hearing to recover expenses incurred in filing the remonstrance, including reasonable attorney’s fees, in an amount not to (Continued next page) Effective: July 1, 2015. Mahan, Truitt January 20, 2015, read first time and referred to Committee on Government and Regulatory Reform. 2015IN 1561—LS 7320/DI 87

    Digest Continued exceed $20,000. Provides common names for the different annexation procedures. Removes an annexation procedure applicable only to a municipality in St. Joseph County. 2015IN 1561—LS 7320/DI 87 2015IN 1561—LS 7320/DI 87

    Introduced First Regular Session of the 119th General Assembly (2015) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type , and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type . Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2014 Regular Session and 2014 Second Regular Technical Session of the General Assembly. HOUSE BILL No. 1561 A BILL FOR AN ACT to amend the Indiana Code concerning local government. Be it enacted by the General Assembly of the State of Indiana:

     SECTION 1. IC 36-4-3-1.2 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS

    [EFFECTIVE JULY 3 1, 2015]: Sec. 1.2. The annexation procedures may be referred to as 4 follows: 5 (1) An annexation under section 5 of this chapter may be 6 referred to as a landowner initiated annexation. 7 (2) An annexation under section 5.1 of this chapter may be 8 referred to as a unanimous landowner initiated annexation. 9 (3) An annexation to which section 5 or 5.1 of this chapter 10 does not apply may be referred to as a municipality initiated 11 annexation. 12 SECTION 2. IC 36-4-3-1.7 IS ADDED TO THE INDIANA CODE 13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 14 1, 2015]: Sec. 1.7. (a) This section applies only to an annexation 2015IN 1561—LS 7320/DI 87

    Here is a listing of the members of the Local Government Committee that will be hearing HB1561. You may write to each of them: h (district number)@iga.in.gov (example h76@iga.in./gov)
    Republicans
    Mahan, Chairman-h31,  Lucas,-h69,  Harman-h17,  Kirchhofer-h89,  McNamara- h76,  Miller-h48.

    Ollhoff,-h19,  Truitt,- Co-chair- h26,  Wolkins, h18.

    Democrats-Riecken- h77,  Bartlett-h95,  Errington-h34,  Harris-h2.

     

    20 COMMENTS

    1. So, does this mean that Evansville can annex the parts of Warrick County that get water from the Evansville Utility? It really throws CORE’s work under the bus. Losing the right to remonstrance is kind of a frightening thought.

      • When METS goes across the state line, expect Evansville to annex Henderson?

        Wholesale water goes north of I-64 and US 41, does that mean Haubstadt area is in the cross hairs?

        Wholesale water goes to German Township Water District. With this water making it down close to
        Mt Vernon, do we see a good part of Posey county becoming Evansville?

        Question would be is there not a time frame that the city is required to furnish a certain amount of
        city services to that area? Are those latest annexed area’s on the East side required services been meet?
        Seems that a city with no cash to change oil, can afford annexation?

        Could it be true that county government can annex city property beings they provide services to these city owners?

    2. Currently our state government is a frightening thought. This amounts to taking away a fundamental right of all citizens.

    3. This is what happens when you give the GOP total control of the State. Ironically is that a lot of the people out in the Country are republicans with money who were able to move out side the city limits to avoid government over regulation. That won’t help them if this legislation passes.

      CCO needs to post email addresses for all the State and Local elected officials so that we can contact them easier.

      • Ohhhh but they stopped the “tyrant” Obama!! LMAO.

        This country is now ruled by proxy by the Koch Bros. via brainwash fools, racists, and losers.

        SMH.

        Ironic isn’t it that the Koch Bros and the oligarchs complete fascist takeover of the US is being held up by one Barack Hussein Obama, the one man they loathed the most!

        The situation was similar in the ’90’s with Bubba similarly holding the line against a complete takeover.

        The fools finally got their wish when the SCOTUS prematurely intervened in the 2000 election handed the election to W the Lesser and his neocon band of robber barons.

        What we got was a projected surplus thrown away on huge tax breaks for the rich, 9/11, endless wars and attacks on our embassies, foreign capitals all over the world(West and East) that hated our living guts, 4000 dead soldiers, countless others with limbs blown completely off, massive income and wealth inequality and an economy that was left in smoldering ruins. Now they want to do it ALL OVER AGAIN WITH JEB!!!

        This country is full of religious nut jobs, racists, and GD FOOLS.

      • I just posted the addresses. If this bill makes you madder than hell, then send an e-mail. It costs nothing but a minute of time, but it could affect you for the rest of your lives. This bill is downright unconstitutional.

    4. How anyone can support a bill that runs roughshod over the Rights of Remonstrance is beyond belief.
      We go from Citizens to Serfs with this proposal.
      The Peasants are– well,–“Peasants”– will be the message from the Republican Majority,
      — IF- this bill passes into the “Law of the Land” in Indiana.

      • Maybe all those county based A-holes that keep showing up at meetings demanding a convention hotel, a downtown medical school, overpriced infrastructure projects, etc. should STFU. Looks to me like some people are going to get what they deserve- the right to help pay for all of this shit.

        • These county residents that spoke for these items should be on record at those meetings, correct?
          I believe the city mayor (and campaign donors) is pushing the hotel- med school, not county only residents in general.
          Infrastructure project (sewers) is a EPA mandate which is to correct city property dumping rain water into the sanitary sewers. There are no combine sewers outside city limits!

    5. There are areas of county, e.g. up 41 north. that receive all the same city services as the incorporated city. Whirlpool always said they would leave if the area was annexed. They left anyway. There’s no reason for these subdivisions and businesses not to be annexed into the city. The idea of removing the right to remonstrate is based on the fact that they would have no real argument under the circumstances. If you are getting the services, you should pay for them.

      • A big sticking point are the words,–“any services”– allows too broad a canvas for definition of “Services” by the Government, and without any questions/remonstrance “allowed” from those home/landowners affected?
        What exactly are you afraid of is the obvious question?
        –I expect the issue from those to be annexed would be –Lack of Trust in Politicians.
        The Politicians pushing this bill make it pretty obvious,- they are afraid of,–the Voice of the “The People”, and want the Peasants to get out of their “Way”.

      • What you said about remonstrance makes sense, but the phrase “lose the right to remonstrate” is a little scary. I agree that the county folks should get to help pay the freight for the services they receive. You’re absolutely right about the subdivisions that have been excluded from the city.

      • V.. we do pay for these services, as water and sewer are FEE based services and are not subsidized in any way by the City. We PAY to tap into City Water based on frontage feet, then PAY to have the water line run to the home, then PAY a monthly water bill. Same for sewers.

        • You are correct! All fee based! Now they do try to pass a guilt trip on us because we live
          in the county outside of city limits and somehow we are drawing on city services for free?
          I have asked this question many times and never got a good answer. What are we getting
          free out here by association, that is no different then what of Posey, Gibson, Warrick, and
          Henderson County?

          My family roots have been in Armstrong Township for 170 years. The only thing I get for free
          from city government is a good chuckle from their actions, the same as reading the funnies!

    6. How else will this Mayor pay for the $135 million in borrowing he has accomplished or promotes? It only seems fair since some of the biggest cheerleaders for city borrowing live in the County. Coures can’t max out the City’s credit card fast enough. Tenbarge, CVB members, Bob Jones, Christy Gillenwater, etc. All of these people enjoy low property taxes while they spend their days putting City residents into the situation of insurmountable debt.

    7. Not surprised that Winnecke’s party is trying to do whatever necessary to make sure the Poo has enough money to spend recklessly and of course the city folks will be on the hook to prove the required services but the Poo will have made sure the money is gone…STUCKERS!!!

    8. Here is a listing of the members of the Local Government Committee that will be hearing HB1561. You may write to each of them: h (district number)@iga.in.gov (example h76@iga.in.gov)
      Republicans
      Mahan, Chairman h31
      Lucas, h69
      Harman, h17
      Kirchhofer, h89
      McNamara, h76
      Miller, h48
      Ollhoff, h19
      Truitt, Co-chair, h26
      Wolkins, h18

      Democrats
      Riecken, h77
      Bartlett, h95
      Errington, h34
      Harris, h2

    9. “Attached is the synopsis of the proposed House Bill 1561 posted below for your review: This proposed bill provides that if an annexation territory receives ANY services from the annexing municipality, the landowners DO NOT have a right to remonstrate against annexation.” (CCO)

      * * * * * * * *

      What sort of communistic BS is this? Never put anything past the Chamber’s lobbyists!

      • You answered you own question. That’s not going to help, everyone that can will jump the state line. In that tri state the travel just isn’t that far. Its a foot shoot’in bill. I’ll hurt’em more than it will help a place like Evansville. The people take they’re local stop and shop revenue with’em also.
        Greed drives stupid , that’s for sure. Even jumping over the county line makes sense as bad as Evansville Vanderburgh is anymore.

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