CHAPTER 11. FIRE PROTECTION DISTRICTS
IC 36-8-11
Chapter 11. Fire Protection Districts
IC 36-8-11-1
Repealed
(Repealed by P.L.36-2000, SEC.11.)
IC 36-8-11-2
Definitions
Sec. 2. As used in this chapter:
"Board" refers to the board of fire trustees of a fire protectiondistrict.
"Fiscal officer" means a bonded employee of the fire protectiondistrict charged with the faithful receipt and disbursement of thefunds of the district.
"Freeholder" means an individual who holds land in fee, for life,or for some indeterminate period of time, whether or not in joint title.
"Interested person" includes a freeholder or corporation owninglands within the proposed or established fire protection district, aperson whose property may be condemned or injured by the district,the proper officer of a municipality, an affected state agency, and alllocal plan commissions.
"Joint title" means joint tenancy, tenancy in common, or tenancyby the entireties.
"Primary county" refers to the county where the largest portion ofa municipality is located if the municipality is located in two (2)counties.
"Secondary county" refers to the county where the smallestportion of a municipality is located if the municipality is located intwo (2) counties.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000,SEC.2.
IC 36-8-11-3
Repealed
(Repealed by P.L.213-1986, SEC.12.)
IC 36-8-11-4
Districts; establishment; authorized purposes
Sec. 4. (a) A county legislative body may establish fire protectiondistricts for any of the following purposes:
(1) Fire protection, including the capability for extinguishing allfires that might be reasonably expected because of the types ofimprovements, personal property, and real property within theboundaries of the district.
(2) Fire prevention, including identification and elimination ofall potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection andfire prevention.
(b) Any area may be established as a fire protection district, but
one (1) part of a district may not be completely separate from anotherpart. A municipality may be included in a district, but only if itconsents by ordinance, unless a majority of the freeholders of themunicipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a districtmay consist of:
(1) one (1) or more townships and parts of one (1) or moretownships in the same county; or
(2) all of the townships in the same county.
The boundaries of a district need not coincide with those of otherpolitical subdivisions.
(d) The territory of a district may consist of a municipality that islocated in more than one (1) county.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000,SEC.3.
IC 36-8-11-5
Establishment of district by freeholders; procedure
Sec. 5. (a) Freeholders who desire the establishment of a fireprotection district must initiate proceedings by filing a petition in theoffice of the county auditor of the county where the freeholder's landis located. The petition may also be filed by a municipality under anordinance adopted by its legislative body in each county where themunicipality is located.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of fivehundred (500), of the freeholders owning land within theproposed district; or
(2) by a majority of those freeholders owning land within theproposed district;
whichever number is less.
(c) This subsection applies to a district that consists of amunicipality located in two (2) counties. The petitions filed in eachcounty as set forth in section 5.1 of this chapter shall be consideredparts of one (1) petition. The signature requirement of subsection (b)applies to the sum of the signatures on all parts of the petition.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991,SEC.3; P.L.36-2000, SEC.4.
IC 36-8-11-5.1
Multiple county district; establishment of district
Sec. 5.1. (a) This section applies to a district that consists of amunicipality located in two (2) counties.
(b) This section does not apply to a merged district under section23 of this chapter.
(c) Freeholders within the proposed district who desire theestablishment of a fire protection district must initiate proceedingsby filing a petition to establish the district with the county auditor ofthe county where the freeholder's land is located. Sections 6 and 7 ofthis chapter apply to a petition filed under this section. The number
of freeholders who signed a petition shall be certified by the countyauditor of the county that is the subject of the petition. If a petitionis filed in both counties, the county auditor of the secondary countyshall forward the petition to the primary county.
(d) The county auditor of the primary county shall present thepetition to the legislative body of the primary county at its nextregularly scheduled meeting or at a special meeting called for thatpurpose. Before or at the meeting, the legislative body shalldetermine whether the petition bears the necessary signatures andcomplies with requirements as to form and content. The legislativebody may not dismiss a petition with the requisite signatures becauseof alleged defects without permitting amendments to correct errorsin form or content.
(e) In determining whether the signers of a petition arefreeholders, the names as they appear on the tax duplicates are primafacie evidence of the ownership of land.
(f) If the legislative body of the primary county determines thatthe petition conforms to the requirements of this chapter, the primarycounty or the secondary county, or both, may set a date for a publichearing on whether a fire protection district should, as a matter ofpublic policy, be established in the area proposed in the petition. Thedistrict is established when both legislative bodies adopt an identicalordinance or resolution establishing the district.
As added by P.L.36-2000, SEC.5.
IC 36-8-11-6
Petitions; signatures of joint owners and corporations; circulationin counterparts
Sec. 6. (a) This section applies to petitions filed under eithersection 5 or section 9 of this chapter.
(b) If two (2) or more freeholders own the same land in joint title,they may be counted as only one (1) freeholder for the purpose ofdetermining what constitutes twenty percent (20%) or a majority ofthe freeholders.
(c) A freeholder owning land in joint title may sign the petitionand the signature shall be counted. However, if two (2) or morefreeholders who own the same land in joint title sign the petition,their combined signatures count only as one (1) signature for thepurposes of subsections (a) and (b).
(d) Any officer authorized by the corporation may sign thepetition for a private corporation owning land within the proposeddistrict. His signature is prima facie evidence of his authorization.
(e) The petition may be circulated in several counterparts and stillbe considered a single petition.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991,SEC.4.
IC 36-8-11-7
Contents of petition to establish district
Sec. 7. A petition filed under section 5 of this chapter must state
the following:
(1) A name for the proposed district that distinguishes thedistrict from all other political subdivisions within orcontiguous to the area included within the district.
(2) A description of the territory to be included, not necessarilyby metes and bounds, but sufficiently accurate to inform thecounty legislative body and to apprise landowners of thepossibility of the inclusion of their land within the district.
(3) A statement of the purposes for which the district isproposed to be established.
(4) A statement of the necessity and urgency of accomplishingthe purposes.
(5) A statement that the creation of the district will beconducive to the public health, safety, or welfare, including asummary of the advantages to be derived from the creation ofthe district.
(6) A statement that the costs and damages of the district willprobably be less than the benefits to be derived.
(7) Whether the petition is conditioned upon a grant of federalor state monies, and whether the conditions that are attached tothe grant or grants are acceptable if the monies should beoffered.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-8
Petition to establish district; examination of signatures bylegislative body; hearing; ordinance or resolution
Sec. 8. (a) After a petition is filed under section 5 of this chapter,the county auditor shall present it to the county legislative body at itsnext regularly scheduled meeting or at a special meeting called forthat purpose. Before or at the meeting, the legislative body shalldetermine whether the petition bears the necessary signatures andcomplies with requirements as to form and content. The legislativebody may not dismiss a petition with the requisite signatures becauseof alleged defects without permitting amendments to correct errorsin form or content.
(b) In determining whether the signers of a petition arefreeholders, the names as they appear on the tax duplicates are primafacie evidence of the ownership of land.
(c) If the legislative body determines that the petition conforms tothe requirements of this chapter, it may set a date for a public hearingon whether a fire protection district should, as a matter of publicpolicy, be established in the area proposed in the petition. Thelegislative body may also prepare an ordinance or resolution toestablish the district for its consideration, in accordance withapplicable laws.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-9
Petition against establishment of district Sec. 9. (a) A petition against the establishment of the fireprotection district may be presented to the county legislative body ator after a hearing on the petition to establish a district and before theadoption of an ordinance or resolution establishing the district.
(b) If the legislative body finds that it contains the signatures offifty-one percent (51%) of the freeholders within the proposeddistrict or of the freeholders who own two-thirds (2/3) of the realproperty within the proposed district, determined by assessedvaluation, the legislative body shall dismiss the petition for theestablishment of the district.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-9.5
Multiple county district; petition against establishment of district
Sec. 9.5. (a) This section applies to a district that contains amunicipality located in two (2) counties.
(b) This section does not apply to a merged district under section23 of this chapter.
(c) The freeholders owning land within the proposed district mayfile a petition opposing the establishment of the district with thecounty auditor of the county where the freeholder's land is located.If a petition is filed in both counties, the county auditor of thesecondary county shall forward the petition to the primary countyand certify to the primary county the number of freeholders whosigned the petition. A petition against the establishment of the fireprotection district must be presented to the legislative body of theprimary county at or after a hearing on the petition to establish adistrict and before the adoption of an ordinance or resolutionestablishing the district.
(d) If the legislative body of the primary county finds that thepetition contains the signatures of fifty-one percent (51%) of thefreeholders within the proposed district or of the freeholders whoown two-thirds (2/3) of the real property within the proposed district,determined by assessed valuation, the legislative body shall dismissthe petition for the establishment of the district.
As added by P.L.36-2000, SEC.6.
IC 36-8-11-10
Limitation on filing new petition after dismissal
Sec. 10. If the petition is dismissed because the county legislativebody finds the evidence does not support it, a new petition toestablish a district under this chapter in essentially the same area maynot be addressed to the legislative body for a period of two (2) yearsafter the date of the order dismissing the original petition.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-11
Addition of area to district; procedure
Sec. 11. To add area to a fire protection district alreadyestablished, the same procedure must be followed as is provided for
the establishment of a district. The petition must be addressed to thelegislative body of each county in which the district is located.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000,SEC.7.
IC 36-8-11-12
Board of fire trustees; appointment; terms of office; vacancies
Sec. 12. (a) Within thirty (30) days after the ordinance orresolution establishing the district becomes final, the countylegislative body shall appoint a board of fire trustees. The trusteesmust be qualified by knowledge and experience in matters pertainingto fire protection and related activities in the district. A person who:
(1) is a party to a contract with the district; or
(2) is a member, an employee, a director, or a shareholder ofany corporation or association that has a contract with thedistrict;
may not be appointed or serve as a trustee. The legislative body shallappoint one (1) trustee from each township or part of a townshipcontained in the district and one (1) trustee from each municipalitycontained in the district. If the number of trustees selected by thismethod is an even number, the legislative body shall appoint one (1)additional trustee so that the number of trustees is always an oddnumber. If the requirements of this section do not provide at leastthree (3) trustees, the legislative body shall make additionalappointments so that there is a minimum of three (3) trustees.
(b) The original trustees shall be appointed as follows:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) All others for a term of four (4) years.
The terms expire on the first Monday of January of the year theirappointments expire. As the terms expire, each new appointment isfor a term of four (4) years.
(c) If a vacancy occurs on the board, the county legislative bodyshall appoint a trustee with the qualifications specified in subsection(a) for the unexpired term.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991,SEC.5.
IC 36-8-11-13
Trustees; meetings
Sec. 13. (a) The board shall fix the time for holding regularmeetings, but it shall meet at least once in the months of January,April, July, and October. The county legislative body may order thatregular meetings be held more frequently.
(b) Special meetings of the board may be called by the chairmanor by two (2) trustees, upon written request to the secretary. At leastthree (3) days before a special meeting, the secretary shall send to alltrustees a written notice fixing the time and place of the meeting.Written notice of a special meeting is not required if: (1) the time of the special meeting has been fixed in a regularmeeting; or
(2) all trustees were present at a meeting at which a specialmeeting was called.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-14
Trustees; officers; quorum; approval of actions; compensation;offices; records
Sec. 14. (a) At the first regular meeting each year, the trustees ofthe board shall elect a chairman and vice chairman from theirnumber. The vice chairman shall act as chairman during the absenceor disability of the chairman.
(b) A majority of the trustees constitutes a quorum. An action ofthe board is official, however, only if it is authorized by a majorityof the trustees at a regular or properly called special meeting.
(c) Each trustee may receive not more than twenty dollars ($20)a day for each day devoted to the work of the district. In addition,each trustee may be reimbursed for actual expenses, includingtraveling expense at a rate equivalent to that provided by statute forstate employees. Claims for expense reimbursement must beaccompanied by an itemized written statement and approved by arecorded motion of the board.
(d) At the time the county legislative body initially appoints theboard, it shall order where the board will maintain its offices. Theoffices may not be changed without approval of the legislative body.The board shall arrange for office space and keep a record of alltransactions and minutes of all meetings in the office. All records andminutes shall be kept available for public inspection.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-15
Trustees; powers and duties
Sec. 15. (a) The board:
(1) has the same powers and duties as a township executivewith respect to fire protection functions, including those dutiesand powers prescribed by IC 36-8-13, although all cooperativeand joint actions permitted by that chapter must be undertakenaccording to this chapter;
(2) has the same powers and duties as a township executiverelative to contracting with volunteer firefighting companies, asprescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the dutiesof a fiscal officer, secretarial staff, persons performing specialand temporary services or providing legal counsel, and otherpersonnel considered necessary for the proper functioning ofthe district; however, a person appointed as fiscal officer mustbe bonded by good and sufficient sureties in an amount orderedby the county legislative body to protect the district fromfinancial loss; (4) shall exercise general supervision of and make regulationsfor the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations andhearings;
(6) shall supervise the fiscal affairs and responsibilities of thedistrict;
(7) may delegate to employees of the district the authority toperform ministerial acts, except in cases in which final actionof the board is necessary;
(8) shall keep accurate and complete records of all departmentalproceedings, record and file all bonds and contracts, and assumeresponsibility for the custody and preservation of all papers anddocuments of the district;
(9) shall make an annual report to the executive and the fiscalbody of the county that at least lists the financial transactions ofthe district and a statement of the progress in accomplishing thepurposes for which the district has been established;
(10) shall adopt a seal and certify all official acts;
(11) may sue and be sued collectively by its legal name ("Boardof Fire Trustees, __________ Fire Protection District"), withservice of process made on the chairman of the board, but costsmay not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for theenforcement of this chapter or of proper action of the boardtaken in a court;
(13) shall prepare and submit to the fiscal body of the county anannual budget for operation and maintenance expenses and forthe retirement of obligations of the district, subject to reviewand approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisorycommittees;
(15) may enter into agreements with and accept money from afederal or state agency and enter into agreements with amunicipality located within or outside the district, whether ornot the municipality is a part of the district, for a purposecompatible with the purposes for which the district exists andwith the interests of the municipality;
(16) may accept gifts of money or other property to be used forthe purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personalproperty within the district;
(18) may issue bonds and tax anticipation warrants;
(19) may incur other debts and liabilities;
(20) may purchase or rent property;
(21) may sell services or property that are produced incident tothe operations of the district making a fair and reasonablecharge for it;
(22) may make contracts or otherwise enter into agreementswith public or private persons and federal or state agencies forconstruction, maintenance, or operations of or in part of the
district;
(23) may receive and disburse money; and
(24) may impose a false alarm fee or service charge underIC 36-8-13-4.
(b) Powers granted by this chapter may be used only toaccomplish the purpose or purposes as stated in the ordinance orresolution establishing the district. However, an act of the boardnecessary and proper to accomplish the purposes for which thedistrict is established is not invalid because it incidentallyaccomplishes a purpose other than one for which the district isestablished.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.341-1987,SEC.3; P.L.82-2001, SEC.1.
IC 36-8-11-16
Taxing district; district considered municipal corporation
Sec. 16. All the real property within a fire protection districtconstitutes a taxing district for the purpose of levying taxes to pay forthe construction, operation, and maintenance of district programs andfacilities. A tax levied must be levied at a uniform rate upon alltaxable property within the district. A fire protection district is amunicipal corporation within the meaning of the Constitution ofIndiana and all general statutes.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-17
Bonds; authorization
Sec. 17. Bonds may be issued only against the taxable property ofa fire protection district and may be paid in part by revenues derivedfrom reasonable charges for services or property produced incidentto the operation of the district. Bonds shall be issued in the samemanner as conservancy district bonds are issued under IC 14-33-11.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.1-1995,SEC.85.
IC 36-8-11-18
Annual budget; tax levy
Sec. 18. (a) The board shall annually budget the necessary moneyto meet the expenses of operation and maintenance of the district,including repairs, fees, salaries, depreciation on all depreciableassets, rents, supplies, contingencies, bond redemption, and all otherexpenses lawfully incurred by the district. After estimating expensesand receipts of money, the board shall establish the tax levy requiredto fund the estimated budget.
(b) The budget must be approved by the fiscal body of the county,the county board of tax adjustment, and the department of localgovernment finance.
(c) Upon approval by the department of local government finance,the board shall certify the approved tax levy to the auditor of thecounty having land within the district. The auditor shall have the levy
entered on the county treasurer's tax records for collection. Aftercollection of the taxes the auditor shall issue a warrant on thetreasurer to transfer the revenues collected to the board, as providedby statute.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002,SEC.491; P.L.224-2007, SEC.127; P.L.146-2008, SEC.780.
IC 36-8-11-19
No duplicate tax levies
Sec. 19. The department of local government finance, whenapproving a rate and levy fixed by the board, shall verify that aduplication of tax levies does not exist between a fire protectiondistrict and a municipality or township within the boundaries of thedistrict, so that taxpayers do not bear two (2) levies for the sameservice, except as provided by section 20 of this chapter.
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002,SEC.492.
IC 36-8-11-20
Indebtedness incurred before establishment of district
Sec. 20. A unit that incurred indebtedness for fire protectionservices before the establishment of a fire protection district underthis chapter shall continue to repay that indebtedness by levies withinthe boundaries of the unit until the indebtedness is paid in full.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-21
Disbanding fire department not required
Sec. 21. This chapter does not require a municipality or townshipto disband its fire department unless its legislative body consents byordinance.
As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-22
Areas annexed by municipalities
Sec. 22. Any area that is part of a fire protection district and isannexed by a municipality that is not a part of the district ceases tobe a part of the fire protection district when the municipality beginsto provide fire protection services to the area.
As added by P.L.341-1987, SEC.4.
IC 36-8-11-22.1
Multiple county district; board of fire trustees
Sec. 22.1. (a) This section applies to a district that consists of amunicipality that is located in two (2) counties.
(b) This section does not apply to a merged district under section23 of this chapter.
(c) Sections 6 and 7 of this chapter apply to the petition.
(d) The board of fire trustees for the district shall be appointed asprescribed by section 12 of this chapter. However, the legislative
body of each county within which the district is located shall jointlyappoint one (1) trustee from each township or part of a townshipcontained in the district and one (1) trustee from the municipalitycontained in the district. The legislative body of each county shalljointly appoint a member to fill a vacancy.
(e) Sections 13, 14, and 15 of this chapter relating to the board offire trustees apply to the board of the district. However, the countylegislative bodies serving the district shall jointly decide where theboard shall locate (or approve location of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to thetaxing district, bonds, annual budget, tax levies, and disbanding offire departments apply to the district. However, the budget must beapproved by the county fiscal body and county board of taxadjustment in each county in the district. In addition, the auditor ofeach county in the district shall perform the duties described insection 18(c) of this chapter.
As added by P.L.36-2000, SEC.8. Amended by P.L.224-2007,SEC.128; P.L.146-2008, SEC.781.
IC 36-8-11-23
Merger of districts
Sec. 23. (a) Any fire protection district may merge with one (1) ormore protection districts to form a single district if at least one-eighth(1/8) of the aggregate external boundaries of the districts coincide.
(b) The legislative body of the county where at least two (2)districts are located (or if the districts are located in more than one(1) county, the legislative body of each county) shall, if petitioned byfreeholders in the two (2) districts, adopt an ordinance merging thedistricts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fireprotection districts must initiate proceedings by filing a petition inthe office of the county auditor of each county where a district islocated. The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of fivehundred (500) from each district, of the freeholders owningland within the district; or
(2) by a majority of the freeholders from the districts;
whichever is less.
(d) The petition described in subsection (c) must state the sameitems listed in section 7 of this chapter. Sections 6, 8, and 9 of thischapter apply to the petition and to the legislative body of eachcounty in the proposed district.
(e) The board of fire trustees for each district shall form a singleboard, which shall continue to be appointed as prescribed by section12 of this chapter. In addition, sections 13, 14, and 15 of this chapterrelating to the board of fire trustees apply to the board of the mergeddistrict, except that if the merged district lies in more than one (1)county, the county legislative bodies serving the combined districtshall jointly decide where the board shall locate (or approverelocation of) its office. (f) Sections 16, 17, 18, 19, and 21 of this chapter relating to thetaxing district, bonds, annual budget, tax levies, and disbanding offire departments apply to a merged district. However, the budgetmust be approved by the county fiscal body and county board of taxadjustment in each county in the merged district. In addition, theauditor of each county in the district shall perform the dutiesdescribed in section 18(c) of this chapter.
As added by P.L.341-1987, SEC.5. Amended by P.L.63-1991, SEC.6;P.L.224-2007, SEC.129; P.L.146-2008, SEC.782.
IC 36-8-11-24
Dissolution of districts
Sec. 24. (a) Proceedings to dissolve a fire protection district maybe instituted by the filing of a petition with the county legislativebody that formed the district. If the proceedings are for dissolutionof a district to which section 5.1 of this chapter applies, theproceedings may be instituted by the filing of a petition with theprimary county or the secondary county, or both.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of fivehundred (500), of the freeholders owning land within thedistrict; or
(2) by a majority of those freeholders owning land within thedistrict;
whichever is less.
(c) Except as provided in subsection (d), the provisions of section8 of this chapter concerning a petition to establish a district apply toa dissolution petition.
(d) If the district is established under section 5.1 of this chapter,the provisions of section 5.1 of this chapter apply to a petition todissolve the district.
(e) Except as provided in subsection (f), a petition against thedissolution of the fire protection district may be presented to thecounty legislative body at or after a hearing on the petition todissolve a district and before the adoption of an ordinance orresolution dissolving the district. If the legislative body finds that itcontains the signatures of fifty-one percent (51%) of the freeholderswithin the district or of the freeholders who own two-thirds (2/3) ofthe real property within the district, determined by assessedvaluation, the legislative body shall dismiss the petition for thedissolution of the district.
(f) If a district is established under section 5.1 of this chapter, theprovisions of section 9.5 of this chapter apply to a petition todissolve the district.
(g) If, after the public hearing, the legislative body determines thatdissolution should occur, it shall adopt an ordinance dissolving thedistrict. If the district is established under section 5.1 of this chapter,both legislative bodies of the counties containing the district mustadopt ordinances dissolving the district after determining in a publichearing that the district should be dissolved. (h) A dissolution takes effect three (3) months after the later of theadoption of the ordinance under subsection (g) or the payment of thedistrict's debts and liabilities, including its liabilities underIC 34-13-2 and IC 34-13-3. The property owned by the district afterpayment of debts and liabilities shall be disposed of in the mannerchosen by the county legislative body or county legislative bodies.Dissolution of a district does not affect the validity of any contractto which the district is a party.
(i) A person aggrieved by a decision made by the countylegislative body or county legislative bodies under this section may,within thirty (30) days, appeal the decision to the circuit court forany county in which the district is located. The appeal is instituted bygiving written notice to each county legislative body within whichthe district is located and filing with the circuit court clerk a bond inthe sum of five hundred dollars ($500), with surety approved by thelegislative body or legislative bodies. The bond must provide that theappeal will be duly prosecuted and that the appellants will pay allcosts if the appeal is decided against them. When an appeal isinstituted, the county legislative body or county legislative bodiesshall file with the circuit court clerk a transcript of all proceedings inthe case, together with all papers filed in the case. The countylegislative body or county legislative bodies may not take furtheraction in the case until the appeal is heard and determined. An appealunder this subsection shall be heard by the circuit court without ajury. Change of venue from the judge may be granted, but change ofvenue from the county may not be granted.
As added by P.L.341-1987, SEC.6. Amended by P.L.63-1991, SEC.7;P.L.36-2000, SEC.9.
IC 36-8-11-25
Repealed
(Repealed by P.L.394-1987(ss), SEC.3.)
IC 36-8-11-26
Purchase of firefighting equipment on installment conditional saleor mortgage contract
Sec. 26. After a sufficient appropriation for the purchase offirefighting apparatus and equipment, including housing, is made andis available, the district's fiscal officer, with the approval of the boardand the county fiscal body, may purchase the firefighting apparatusand equipment for the district on an installment conditional sale ormortgage contract running for a period not exceeding:
(1) six (6) years; or
(2) fifteen (15) years for a district that:
(A) has a total assessed value of sixty million dollars($60,000,000) or less, as determined by thedepartment oflocal government finance; and
(B) is purchasing the firefighting equipment with fundingfrom the:
(i) state or its instrumentalities; or (ii) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equalinstallments payable on January 1 and July 1 each year.
As added by P.L.83-1998, SEC.2. Amended by P.L.90-2002,SEC.493; P.L.178-2002, SEC.133.
IC 36-8-11-27
Payment of line of duty health care expenses for firefighters
Sec. 27. (a) A fire protection district shall pay for the care of afull-time, paid firefighter who suffers:
(1) an injury; or
(2) contracts an illness;
during the performance of the firefighter's duties.
(b) The fire protection district shall pay for the followingexpenses incurred by a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agentsand means.
(3) X-ray, diagnostic, and therapeutic service, including serviceprovided during the recovery period.
(4) Hospital and special nursing care if the physician or surgeonin charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from thefund used by the fire protection district for payment of the costsattributable to providing fire protection services in the fire protectiondistrict.
(d) A fire protection district that has paid for the care of afirefighter under subsection (a) has a cause of action forreimbursement of the amount paid under subsection (a) against anythird party against whom the firefighter has a cause of action for:
(1) an injury sustained because of; or
(2) an illness caused by;
the third party. The fire protection district's cause of action under thissubsection is in addition to, and not instead of, the cause of action ofthe firefighter against the third party.
As added by P.L.150-2002, SEC.3.