6-58-108 - Annexation by ordinance Growth plan required for incorporation of new city.
6-58-108. Annexation by ordinance Growth plan required for incorporation of new city.
(a) [Deleted by 2008 amendment.]
(b) [Deleted by 2008 amendment.]
(c) [Deleted by 2008 amendment.]
(d) [Deleted by 2008 amendment.]
(e) (1) After May 19, 1998, a municipality may not annex by ordinance upon its own initiative territory in any county other than the county in which the city hall of the annexing municipality is located, unless one (1) of the following applies:
(A) A municipality that is located in two (2) or more counties as of November 25, 1997, may annex by ordinance in all such counties, unless the percentage of the municipal population residing in the county or counties other than that in which the city hall is located is less than seven percent (7%) of the total population of the municipality;
(B) A municipality may annex by ordinance with the approval by resolution of the county legislative body of the county in which the territory proposed to be annexed is located; or
(C) A municipality may annex by ordinance in any county in which, on January 1, 1998, the municipality provided sanitary sewer service to a total of one hundred (100) or more residential customers, commercial customers, or a combination thereof.
(2) Subdivision (e)(1) shall not affect any annexation ordinance adopted on final reading by a municipality prior to May 19, 1998, if such ordinance annexed property within the same county where the municipality is located or annexed property in a county other than the county in which the city hall is located if the property is used or is to be used only for industrial purposes.
(f) (1) [Deleted by 2008 amendment.]
(2) After January 1, 1999, a new municipality may only be incorporated in accordance with this section and with an adopted growth plan.
[Acts 1998, ch. 1101, § 9; 2003, ch. 90, § 2; 2008, ch. 818, § 2.]