(1) If the conditions of subsection (2) of this section are met, area annexed to a municipality, as provided in this part 1, shall be annexed upon the effective date of the annexing ordinance, except as otherwise provided in sections 31-12-118 and 31-12-118.5 and for tax purposes as provided in subsection (3) of this section.
(2) (a) The annexing municipality shall:
File one copy of the annexation map with the original of the annexation ordinance inthe office of the clerk of the annexing municipality;
(A) File for recording three certified copies of the annexation ordinance and map ofthe area annexed containing a legal description of such area with the county clerk and recorder of each county affected.
(B) The county clerk and recorder of each county involved shall file one certified copy of such annexation ordinance and map with the division of local government of the department of local affairs and one certified copy of such annexation ordinance and map with the department of revenue.
(a.5) Upon receiving an annexation ordinance and map pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of this subsection (2), the department of revenue shall communicate with any taxing entities affected by the annexation in order to facilitate the administration and collection of taxes within the annexed areas and to identify all retailers affected by the annexation. The department of revenue shall make copies of any such ordinances and maps available to all taxing entities in the state, including any special districts that impose a sales tax.
No annexation shall be effective until the requirements of sub-subparagraph (A) ofsubparagraph (II) of paragraph (a) of this subsection (2) are met.
In any action attacking the validity of an annexation proceeding, failure of the annexing municipality to have made the filings required by this subsection (2) shall not be deemed to invalidate the annexation where good cause for such failure is shown.
An annexation shall be effective for the purpose of general taxation on and after theJanuary 1 next ensuing.
In the event that an annexation which has the effect of changing county lines occursbefore January 1, the assessor of the county from which such area was detached shall provide to the assessor of the county to which such area has been added, on or before the February 1 next ensuing, the following:
An abstract of the total valuation for assessment of all taxable property so transferred;
A certified copy of the assessment records of the individual properties in the annexedarea as of the effective date of annexation containing the legal description, the name and address of the owner, and the valuation for assessment of all taxable property, together with such supporting records as are required by the regulations of the property tax administrator.
Source: L. 75: Entire title R&RE, p. 1086, § 1, effective July 1. L. 99: (1) amended, p. 1, § 1, effective February 1. L. 2000: (2)(a)(II) amended and (2)(a.5) added, p. 422, § 2, effective August 2.
Editor's note: This section is similar to former § 31-8-113 as it existed prior to 1975.