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Repealed
(Repealed by P.L.36-2000, SEC.11.)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 protection
district.
"Fiscal officer" means a bonded employee of the fire protection
district charged with the faithful receipt and disbursement of the
funds 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 owning
lands within the proposed or established fire protection district, a
person whose property may be condemned or injured by the district,
the proper officer of a municipality, an affected state agency, and all
local plan commissions.
"Joint title" means joint tenancy, tenancy in common, or tenancy
by the entireties.
"Primary county" refers to the county where the largest portion of
a municipality is located if the municipality is located in two (2)
counties.
"Secondary county" refers to the county where the smallest
portion of a municipality is located if the municipality is located in
two (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Repealed
(Repealed by P.L.213-1986, SEC.12.)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 protection
districts for any of the following purposes:
(1) Fire protection, including the capability for extinguishing all
fires that might be reasonably expected because of the types of
improvements, personal property, and real property within the
boundaries of the district.
(2) Fire prevention, including identification and elimination of
all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and
fire 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 another
part. A municipality may be included in a district, but only if it
consents by ordinance, unless a majority of the freeholders of the
municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district
may consist of:
(1) one (1) or more townships and parts of one (1) or more
townships 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 other
political subdivisions.
(d) The territory of a district may consist of a municipality that is
located 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 fire
protection district must initiate proceedings by filing a petition in the
office of the county auditor of the county where the freeholder's land
is located. The petition may also be filed by a municipality under an
ordinance adopted by its legislative body in each county where the
municipality is located.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500), of the freeholders owning land within the
proposed district; or
(2) by a majority of those freeholders owning land within the
proposed district;
whichever number is less.
(c) This subsection applies to a district that consists of a
municipality located in two (2) counties. The petitions filed in each
county as set forth in section 5.1 of this chapter shall be considered
parts 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 a
municipality located in two (2) counties.
(b) This section does not apply to a merged district under section
23 of this chapter.
(c) Freeholders within the proposed district who desire the
establishment of a fire protection district must initiate proceedings
by filing a petition to establish the district with the county auditor of
the county where the freeholder's land is located. Sections 6 and 7 of
this chapter apply to a petition filed under this section. The number
of freeholders who signed a petition shall be certified by the county
auditor of the county that is the subject of the petition. If a petition
is filed in both counties, the county auditor of the secondary county
shall forward the petition to the primary county.
(d) The county auditor of the primary county shall present the
petition to the legislative body of the primary county at its next
regularly scheduled meeting or at a special meeting called for that
purpose. Before or at the meeting, the legislative body shall
determine whether the petition bears the necessary signatures and
complies with requirements as to form and content. The legislative
body may not dismiss a petition with the requisite signatures because
of alleged defects without permitting amendments to correct errors
in form or content.
(e) In determining whether the signers of a petition are
freeholders, the names as they appear on the tax duplicates are prima
facie evidence of the ownership of land.
(f) If the legislative body of the primary county determines that
the petition conforms to the requirements of this chapter, the primary
county or the secondary county, or both, may set a date for a public
hearing on whether a fire protection district should, as a matter of
public policy, be established in the area proposed in the petition. The
district is established when both legislative bodies adopt an identical
ordinance 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; circulation
in counterparts
Sec. 6. (a) This section applies to petitions filed under either
section 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 of
determining what constitutes twenty percent (20%) or a majority of
the freeholders.
(c) A freeholder owning land in joint title may sign the petition
and the signature shall be counted. However, if two (2) or more
freeholders who own the same land in joint title sign the petition,
their combined signatures count only as one (1) signature for the
purposes of subsections (a) and (b).
(d) Any officer authorized by the corporation may sign the
petition for a private corporation owning land within the proposed
district. His signature is prima facie evidence of his authorization.
(e) The petition may be circulated in several counterparts and still
be 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 the
district from all other political subdivisions within or
contiguous to the area included within the district.
(2) A description of the territory to be included, not necessarily
by metes and bounds, but sufficiently accurate to inform the
county legislative body and to apprise landowners of the
possibility of the inclusion of their land within the district.
(3) A statement of the purposes for which the district is
proposed to be established.
(4) A statement of the necessity and urgency of accomplishing
the purposes.
(5) A statement that the creation of the district will be
conducive to the public health, safety, or welfare, including a
summary of the advantages to be derived from the creation of
the district.
(6) A statement that the costs and damages of the district will
probably be less than the benefits to be derived.
(7) Whether the petition is conditioned upon a grant of federal
or state monies, and whether the conditions that are attached to
the grant or grants are acceptable if the monies should be
offered. As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-8 Petition to establish district; examination of signatures by
legislative 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 its
next regularly scheduled meeting or at a special meeting called for
that purpose. Before or at the meeting, the legislative body shall
determine whether the petition bears the necessary signatures and
complies with requirements as to form and content. The legislative
body may not dismiss a petition with the requisite signatures because
of alleged defects without permitting amendments to correct errors
in form or content.
(b) In determining whether the signers of a petition are
freeholders, the names as they appear on the tax duplicates are prima
facie evidence of the ownership of land.
(c) If the legislative body determines that the petition conforms to
the requirements of this chapter, it may set a date for a public hearing
on whether a fire protection district should, as a matter of public
policy, be established in the area proposed in the petition. The
legislative body may also prepare an ordinance or resolution to
establish the district for its consideration, in accordance with
applicable 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 fire
protection district may be presented to the county legislative body at
or after a hearing on the petition to establish a district and before the
adoption of an ordinance or resolution establishing the district.
(b) If the legislative body finds that it contains the signatures of
fifty-one percent (51%) of the freeholders within the proposed
district or of the freeholders who own two-thirds (2/3) of the real
property within the proposed district, determined by assessed
valuation, the legislative body shall dismiss the petition for the
establishment 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 a
municipality located in two (2) counties.
(b) This section does not apply to a merged district under section
23 of this chapter.
(c) The freeholders owning land within the proposed district may
file a petition opposing the establishment of the district with the
county auditor of the county where the freeholder's land is located.
If a petition is filed in both counties, the county auditor of the
secondary county shall forward the petition to the primary county
and certify to the primary county the number of freeholders who
signed the petition. A petition against the establishment of the fire
protection district must be presented to the legislative body of the
primary county at or after a hearing on the petition to establish a
district and before the adoption of an ordinance or resolution
establishing the district.
(d) If the legislative body of the primary county finds that the
petition contains the signatures of fifty-one percent (51%) of the
freeholders within the proposed district or of the freeholders who
own two-thirds (2/3) of the real property within the proposed district,
determined by assessed valuation, the legislative body shall dismiss
the 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 legislative
body finds the evidence does not support it, a new petition to
establish a district under this chapter in essentially the same area may
not be addressed to the legislative body for a period of two (2) years
after 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 already
established, the same procedure must be followed as is provided for
the establishment of a district. The petition must be addressed to the
legislative 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 or
resolution establishing the district becomes final, the county
legislative body shall appoint a board of fire trustees. The trustees
must be qualified by knowledge and experience in matters pertaining
to 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 of
any corporation or association that has a contract with the
district;
may not be appointed or serve as a trustee. The legislative body shall
appoint one (1) trustee from each township or part of a township
contained in the district and one (1) trustee from each municipality
contained in the district. If the number of trustees selected by this
method is an even number, the legislative body shall appoint one (1)
additional trustee so that the number of trustees is always an odd
number. If the requirements of this section do not provide at least
three (3) trustees, the legislative body shall make additional
appointments 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 their
appointments expire. As the terms expire, each new appointment is
for a term of four (4) years.
(c) If a vacancy occurs on the board, the county legislative body
shall 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 regular
meetings, but it shall meet at least once in the months of January,
April, July, and October. The county legislative body may order that
regular meetings be held more frequently.
(b) Special meetings of the board may be called by the chairman
or by two (2) trustees, upon written request to the secretary. At least
three (3) days before a special meeting, the secretary shall send to all
trustees 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 regular
meeting; or
(2) all trustees were present at a meeting at which a special
meeting 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 of
the board shall elect a chairman and vice chairman from their
number. The vice chairman shall act as chairman during the absence
or disability of the chairman.
(b) A majority of the trustees constitutes a quorum. An action of
the board is official, however, only if it is authorized by a majority
of 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, including
traveling expense at a rate equivalent to that provided by statute for
state employees. Claims for expense reimbursement must be
accompanied by an itemized written statement and approved by a
recorded motion of the board.
(d) At the time the county legislative body initially appoints the
board, it shall order where the board will maintain its offices. The
offices may not be changed without approval of the legislative body.
The board shall arrange for office space and keep a record of all
transactions and minutes of all meetings in the office. All records and
minutes 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 executive
with respect to fire protection functions, including those duties
and powers prescribed by IC 36-8-13, although all cooperative
and joint actions permitted by that chapter must be undertaken
according to this chapter;
(2) has the same powers and duties as a township executive
relative to contracting with volunteer firefighting companies, as
prescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the duties
of a fiscal officer, secretarial staff, persons performing special
and temporary services or providing legal counsel, and other
personnel considered necessary for the proper functioning of
the district; however, a person appointed as fiscal officer must
be bonded by good and sufficient sureties in an amount ordered
by the county legislative body to protect the district from
financial loss;
(4) shall exercise general supervision of and make regulations
for the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and
hearings;
(6) shall supervise the fiscal affairs and responsibilities of the
district;
(7) may delegate to employees of the district the authority to
perform ministerial acts, except in cases in which final action
of the board is necessary;
(8) shall keep accurate and complete records of all departmental
proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and
documents of the district;
(9) shall make an annual report to the executive and the fiscal
body of the county that at least lists the financial transactions of
the district and a statement of the progress in accomplishing the
purposes 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 ("Board
of Fire Trustees, __________ Fire Protection District"), with
service of process made on the chairman of the board, but costs
may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the
enforcement of this chapter or of proper action of the board
taken in a court;
(13) shall prepare and submit to the fiscal body of the county an
annual budget for operation and maintenance expenses and for
the retirement of obligations of the district, subject to review
and approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory
committees;
(15) may enter into agreements with and accept money from a
federal or state agency and enter into agreements with a
municipality located within or outside the district, whether or
not the municipality is a part of the district, for a purpose
compatible with the purposes for which the district exists and
with the interests of the municipality;
(16) may accept gifts of money or other property to be used for
the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal
property 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 to
the operations of the district making a fair and reasonable
charge for it;
(22) may make contracts or otherwise enter into agreements
with public or private persons and federal or state agencies for
construction, 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 under
IC 36-8-13-4.
(b) Powers granted by this chapter may be used only to
accomplish the purpose or purposes as stated in the ordinance or
resolution establishing the district. However, an act of the board
necessary and proper to accomplish the purposes for which the
district is established is not invalid because it incidentally
accomplishes a purpose other than one for which the district is
established. 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 district
constitutes a taxing district for the purpose of levying taxes to pay for
the construction, operation, and maintenance of district programs and
facilities. A tax levied must be levied at a uniform rate upon all
taxable property within the district. A fire protection district is a
municipal corporation within the meaning of the Constitution of
Indiana 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 of
a fire protection district and may be paid in part by revenues derived
from reasonable charges for services or property produced incident
to the operation of the district. Bonds shall be issued in the same
manner 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 money
to meet the expenses of operation and maintenance of the district,
including repairs, fees, salaries, depreciation on all depreciable
assets, rents, supplies, contingencies, bond redemption, and all other
expenses lawfully incurred by the district. After estimating expenses
and receipts of money, the board shall establish the tax levy required
to 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 local
government finance.
(c) Upon approval by the department of local government finance,
the board shall certify the approved tax levy to the auditor of the
county having land within the district. The auditor shall have the levy
entered on the county treasurer's tax records for collection. After
collection of the taxes the auditor shall issue a warrant on the
treasurer to transfer the revenues collected to the board, as provided
by 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, when
approving a rate and levy fixed by the board, shall verify that a
duplication of tax levies does not exist between a fire protection
district and a municipality or township within the boundaries of the
district, so that taxpayers do not bear two (2) levies for the same
service, 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 protection
services before the establishment of a fire protection district under
this chapter shall continue to repay that indebtedness by levies within
the 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 township
to disband its fire department unless its legislative body consents by
ordinance. 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 is
annexed by a municipality that is not a part of the district ceases to
be a part of the fire protection district when the municipality begins
to 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 a
municipality that is located in two (2) counties.
(b) This section does not apply to a merged district under section
23 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 as
prescribed by section 12 of this chapter. However, the legislative
body of each county within which the district is located shall jointly
appoint one (1) trustee from each township or part of a township
contained in the district and one (1) trustee from the municipality
contained in the district. The legislative body of each county shall
jointly appoint a member to fill a vacancy.
(e) Sections 13, 14, and 15 of this chapter relating to the board of
fire trustees apply to the board of the district. However, the county
legislative bodies serving the district shall jointly decide where the
board shall locate (or approve location of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of
fire departments apply to the district. However, the budget must be
approved by the county fiscal body and county board of tax
adjustment in each county in the district. In addition, the auditor of
each county in the district shall perform the duties described in
section 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) or
more 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 by
freeholders in the two (2) districts, adopt an ordinance merging the
districts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fire
protection districts must initiate proceedings by filing a petition in
the office of the county auditor of each county where a district is
located. The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500) from each district, of the freeholders owning
land 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 same
items listed in section 7 of this chapter. Sections 6, 8, and 9 of this
chapter apply to the petition and to the legislative body of each
county in the proposed district.
(e) The board of fire trustees for each district shall form a single
board, which shall continue to be appointed as prescribed by section
12 of this chapter. In addition, sections 13, 14, and 15 of this chapter
relating to the board of fire trustees apply to the board of the merged
district, except that if the merged district lies in more than one (1)
county, the county legislative bodies serving the combined district
shall jointly decide where the board shall locate (or approve
relocation of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of
fire departments apply to a merged district. However, the budget
must be approved by the county fiscal body and county board of tax
adjustment in each county in the merged district. In addition, the
auditor of each county in the district shall perform the duties
described 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 may
be instituted by the filing of a petition with the county legislative
body that formed the district. If the proceedings are for dissolution
of a district to which section 5.1 of this chapter applies, the
proceedings may be instituted by the filing of a petition with the
primary county or the secondary county, or both.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500), of the freeholders owning land within the
district; or
(2) by a majority of those freeholders owning land within the
district;
whichever is less.
(c) Except as provided in subsection (d), the provisions of section
8 of this chapter concerning a petition to establish a district apply to
a 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 to
dissolve the district.
(e) Except as provided in subsection (f), a petition against the
dissolution of the fire protection district may be presented to the
county legislative body at or after a hearing on the petition to
dissolve a district and before the adoption of an ordinance or
resolution dissolving the district. If the legislative body finds that it
contains the signatures of fifty-one percent (51%) of the freeholders
within the district or of the freeholders who own two-thirds (2/3) of
the real property within the district, determined by assessed
valuation, the legislative body shall dismiss the petition for the
dissolution of the district.
(f) If a district is established under section 5.1 of this chapter, the
provisions of section 9.5 of this chapter apply to a petition to
dissolve the district.
(g) If, after the public hearing, the legislative body determines that
dissolution should occur, it shall adopt an ordinance dissolving the
district. If the district is established under section 5.1 of this chapter,
both legislative bodies of the counties containing the district must
adopt ordinances dissolving the district after determining in a public
hearing that the district should be dissolved.
(h) A dissolution takes effect three (3) months after the later of the
adoption of the ordinance under subsection (g) or the payment of the
district's debts and liabilities, including its liabilities under
IC 34-13-2 and IC 34-13-3. The property owned by the district after
payment of debts and liabilities shall be disposed of in the manner
chosen by the county legislative body or county legislative bodies.
Dissolution of a district does not affect the validity of any contract
to which the district is a party.
(i) A person aggrieved by a decision made by the county
legislative body or county legislative bodies under this section may,
within thirty (30) days, appeal the decision to the circuit court for
any county in which the district is located. The appeal is instituted by
giving written notice to each county legislative body within which
the district is located and filing with the circuit court clerk a bond in
the sum of five hundred dollars ($500), with surety approved by the
legislative body or legislative bodies. The bond must provide that the
appeal will be duly prosecuted and that the appellants will pay all
costs if the appeal is decided against them. When an appeal is
instituted, the county legislative body or county legislative bodies
shall file with the circuit court clerk a transcript of all proceedings in
the case, together with all papers filed in the case. The county
legislative body or county legislative bodies may not take further
action in the case until the appeal is heard and determined. An appeal
under this subsection shall be heard by the circuit court without a
jury. Change of venue from the judge may be granted, but change of
venue 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 sale
or mortgage contract
Sec. 26. After a sufficient appropriation for the purchase of
firefighting apparatus and equipment, including housing, is made and
is available, the district's fiscal officer, with the approval of the board
and the county fiscal body, may purchase the firefighting apparatus
and equipment for the district on an installment conditional sale or
mortgage 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 of
local government finance; and
(B) is purchasing the firefighting equipment with funding
from the:
(i) state or its instrumentalities; or
(ii) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equal
installments 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 a
full-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 following
expenses incurred by a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents
and means.
(3) X-ray, diagnostic, and therapeutic service, including service
provided during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the
fund used by the fire protection district for payment of the costs
attributable to providing fire protection services in the fire protection
district.
(d) A fire protection district that has paid for the care of a
firefighter under subsection (a) has a cause of action for
reimbursement of the amount paid under subsection (a) against any
third 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 this
subsection is in addition to, and not instead of, the cause of action of
the firefighter against the third party. As added by P.L.150-2002, SEC.3.
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 protection
district.
"Fiscal officer" means a bonded employee of the fire protection
district charged with the faithful receipt and disbursement of the
funds 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 owning
lands within the proposed or established fire protection district, a
person whose property may be condemned or injured by the district,
the proper officer of a municipality, an affected state agency, and all
local plan commissions.
"Joint title" means joint tenancy, tenancy in common, or tenancy
by the entireties.
"Primary county" refers to the county where the largest portion of
a municipality is located if the municipality is located in two (2)
counties.
"Secondary county" refers to the county where the smallest
portion of a municipality is located if the municipality is located in
two (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 protection
districts for any of the following purposes:
(1) Fire protection, including the capability for extinguishing all
fires that might be reasonably expected because of the types of
improvements, personal property, and real property within the
boundaries of the district.
(2) Fire prevention, including identification and elimination of
all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and
fire 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 another
part. A municipality may be included in a district, but only if it
consents by ordinance, unless a majority of the freeholders of the
municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district
may consist of:
(1) one (1) or more townships and parts of one (1) or more
townships 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 other
political subdivisions.
(d) The territory of a district may consist of a municipality that is
located 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 fire
protection district must initiate proceedings by filing a petition in the
office of the county auditor of the county where the freeholder's land
is located. The petition may also be filed by a municipality under an
ordinance adopted by its legislative body in each county where the
municipality is located.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500), of the freeholders owning land within the
proposed district; or
(2) by a majority of those freeholders owning land within the
proposed district;
whichever number is less.
(c) This subsection applies to a district that consists of a
municipality located in two (2) counties. The petitions filed in each
county as set forth in section 5.1 of this chapter shall be considered
parts 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 a
municipality located in two (2) counties.
(b) This section does not apply to a merged district under section
23 of this chapter.
(c) Freeholders within the proposed district who desire the
establishment of a fire protection district must initiate proceedings
by filing a petition to establish the district with the county auditor of
the county where the freeholder's land is located. Sections 6 and 7 of
this chapter apply to a petition filed under this section. The number
of freeholders who signed a petition shall be certified by the county
auditor of the county that is the subject of the petition. If a petition
is filed in both counties, the county auditor of the secondary county
shall forward the petition to the primary county.
(d) The county auditor of the primary county shall present the
petition to the legislative body of the primary county at its next
regularly scheduled meeting or at a special meeting called for that
purpose. Before or at the meeting, the legislative body shall
determine whether the petition bears the necessary signatures and
complies with requirements as to form and content. The legislative
body may not dismiss a petition with the requisite signatures because
of alleged defects without permitting amendments to correct errors
in form or content.
(e) In determining whether the signers of a petition are
freeholders, the names as they appear on the tax duplicates are prima
facie evidence of the ownership of land.
(f) If the legislative body of the primary county determines that
the petition conforms to the requirements of this chapter, the primary
county or the secondary county, or both, may set a date for a public
hearing on whether a fire protection district should, as a matter of
public policy, be established in the area proposed in the petition. The
district is established when both legislative bodies adopt an identical
ordinance 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; circulation
in counterparts
Sec. 6. (a) This section applies to petitions filed under either
section 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 of
determining what constitutes twenty percent (20%) or a majority of
the freeholders.
(c) A freeholder owning land in joint title may sign the petition
and the signature shall be counted. However, if two (2) or more
freeholders who own the same land in joint title sign the petition,
their combined signatures count only as one (1) signature for the
purposes of subsections (a) and (b).
(d) Any officer authorized by the corporation may sign the
petition for a private corporation owning land within the proposed
district. His signature is prima facie evidence of his authorization.
(e) The petition may be circulated in several counterparts and still
be 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 the
district from all other political subdivisions within or
contiguous to the area included within the district.
(2) A description of the territory to be included, not necessarily
by metes and bounds, but sufficiently accurate to inform the
county legislative body and to apprise landowners of the
possibility of the inclusion of their land within the district.
(3) A statement of the purposes for which the district is
proposed to be established.
(4) A statement of the necessity and urgency of accomplishing
the purposes.
(5) A statement that the creation of the district will be
conducive to the public health, safety, or welfare, including a
summary of the advantages to be derived from the creation of
the district.
(6) A statement that the costs and damages of the district will
probably be less than the benefits to be derived.
(7) Whether the petition is conditioned upon a grant of federal
or state monies, and whether the conditions that are attached to
the grant or grants are acceptable if the monies should be
offered. As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-8 Petition to establish district; examination of signatures by
legislative 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 its
next regularly scheduled meeting or at a special meeting called for
that purpose. Before or at the meeting, the legislative body shall
determine whether the petition bears the necessary signatures and
complies with requirements as to form and content. The legislative
body may not dismiss a petition with the requisite signatures because
of alleged defects without permitting amendments to correct errors
in form or content.
(b) In determining whether the signers of a petition are
freeholders, the names as they appear on the tax duplicates are prima
facie evidence of the ownership of land.
(c) If the legislative body determines that the petition conforms to
the requirements of this chapter, it may set a date for a public hearing
on whether a fire protection district should, as a matter of public
policy, be established in the area proposed in the petition. The
legislative body may also prepare an ordinance or resolution to
establish the district for its consideration, in accordance with
applicable 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 fire
protection district may be presented to the county legislative body at
or after a hearing on the petition to establish a district and before the
adoption of an ordinance or resolution establishing the district.
(b) If the legislative body finds that it contains the signatures of
fifty-one percent (51%) of the freeholders within the proposed
district or of the freeholders who own two-thirds (2/3) of the real
property within the proposed district, determined by assessed
valuation, the legislative body shall dismiss the petition for the
establishment 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 a
municipality located in two (2) counties.
(b) This section does not apply to a merged district under section
23 of this chapter.
(c) The freeholders owning land within the proposed district may
file a petition opposing the establishment of the district with the
county auditor of the county where the freeholder's land is located.
If a petition is filed in both counties, the county auditor of the
secondary county shall forward the petition to the primary county
and certify to the primary county the number of freeholders who
signed the petition. A petition against the establishment of the fire
protection district must be presented to the legislative body of the
primary county at or after a hearing on the petition to establish a
district and before the adoption of an ordinance or resolution
establishing the district.
(d) If the legislative body of the primary county finds that the
petition contains the signatures of fifty-one percent (51%) of the
freeholders within the proposed district or of the freeholders who
own two-thirds (2/3) of the real property within the proposed district,
determined by assessed valuation, the legislative body shall dismiss
the 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 legislative
body finds the evidence does not support it, a new petition to
establish a district under this chapter in essentially the same area may
not be addressed to the legislative body for a period of two (2) years
after 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 already
established, the same procedure must be followed as is provided for
the establishment of a district. The petition must be addressed to the
legislative 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 or
resolution establishing the district becomes final, the county
legislative body shall appoint a board of fire trustees. The trustees
must be qualified by knowledge and experience in matters pertaining
to 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 of
any corporation or association that has a contract with the
district;
may not be appointed or serve as a trustee. The legislative body shall
appoint one (1) trustee from each township or part of a township
contained in the district and one (1) trustee from each municipality
contained in the district. If the number of trustees selected by this
method is an even number, the legislative body shall appoint one (1)
additional trustee so that the number of trustees is always an odd
number. If the requirements of this section do not provide at least
three (3) trustees, the legislative body shall make additional
appointments 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 their
appointments expire. As the terms expire, each new appointment is
for a term of four (4) years.
(c) If a vacancy occurs on the board, the county legislative body
shall 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 regular
meetings, but it shall meet at least once in the months of January,
April, July, and October. The county legislative body may order that
regular meetings be held more frequently.
(b) Special meetings of the board may be called by the chairman
or by two (2) trustees, upon written request to the secretary. At least
three (3) days before a special meeting, the secretary shall send to all
trustees 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 regular
meeting; or
(2) all trustees were present at a meeting at which a special
meeting 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 of
the board shall elect a chairman and vice chairman from their
number. The vice chairman shall act as chairman during the absence
or disability of the chairman.
(b) A majority of the trustees constitutes a quorum. An action of
the board is official, however, only if it is authorized by a majority
of 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, including
traveling expense at a rate equivalent to that provided by statute for
state employees. Claims for expense reimbursement must be
accompanied by an itemized written statement and approved by a
recorded motion of the board.
(d) At the time the county legislative body initially appoints the
board, it shall order where the board will maintain its offices. The
offices may not be changed without approval of the legislative body.
The board shall arrange for office space and keep a record of all
transactions and minutes of all meetings in the office. All records and
minutes 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 executive
with respect to fire protection functions, including those duties
and powers prescribed by IC 36-8-13, although all cooperative
and joint actions permitted by that chapter must be undertaken
according to this chapter;
(2) has the same powers and duties as a township executive
relative to contracting with volunteer firefighting companies, as
prescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the duties
of a fiscal officer, secretarial staff, persons performing special
and temporary services or providing legal counsel, and other
personnel considered necessary for the proper functioning of
the district; however, a person appointed as fiscal officer must
be bonded by good and sufficient sureties in an amount ordered
by the county legislative body to protect the district from
financial loss;
(4) shall exercise general supervision of and make regulations
for the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and
hearings;
(6) shall supervise the fiscal affairs and responsibilities of the
district;
(7) may delegate to employees of the district the authority to
perform ministerial acts, except in cases in which final action
of the board is necessary;
(8) shall keep accurate and complete records of all departmental
proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and
documents of the district;
(9) shall make an annual report to the executive and the fiscal
body of the county that at least lists the financial transactions of
the district and a statement of the progress in accomplishing the
purposes 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 ("Board
of Fire Trustees, __________ Fire Protection District"), with
service of process made on the chairman of the board, but costs
may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the
enforcement of this chapter or of proper action of the board
taken in a court;
(13) shall prepare and submit to the fiscal body of the county an
annual budget for operation and maintenance expenses and for
the retirement of obligations of the district, subject to review
and approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory
committees;
(15) may enter into agreements with and accept money from a
federal or state agency and enter into agreements with a
municipality located within or outside the district, whether or
not the municipality is a part of the district, for a purpose
compatible with the purposes for which the district exists and
with the interests of the municipality;
(16) may accept gifts of money or other property to be used for
the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal
property 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 to
the operations of the district making a fair and reasonable
charge for it;
(22) may make contracts or otherwise enter into agreements
with public or private persons and federal or state agencies for
construction, 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 under
IC 36-8-13-4.
(b) Powers granted by this chapter may be used only to
accomplish the purpose or purposes as stated in the ordinance or
resolution establishing the district. However, an act of the board
necessary and proper to accomplish the purposes for which the
district is established is not invalid because it incidentally
accomplishes a purpose other than one for which the district is
established. 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 district
constitutes a taxing district for the purpose of levying taxes to pay for
the construction, operation, and maintenance of district programs and
facilities. A tax levied must be levied at a uniform rate upon all
taxable property within the district. A fire protection district is a
municipal corporation within the meaning of the Constitution of
Indiana 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 of
a fire protection district and may be paid in part by revenues derived
from reasonable charges for services or property produced incident
to the operation of the district. Bonds shall be issued in the same
manner 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 money
to meet the expenses of operation and maintenance of the district,
including repairs, fees, salaries, depreciation on all depreciable
assets, rents, supplies, contingencies, bond redemption, and all other
expenses lawfully incurred by the district. After estimating expenses
and receipts of money, the board shall establish the tax levy required
to 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 local
government finance.
(c) Upon approval by the department of local government finance,
the board shall certify the approved tax levy to the auditor of the
county having land within the district. The auditor shall have the levy
entered on the county treasurer's tax records for collection. After
collection of the taxes the auditor shall issue a warrant on the
treasurer to transfer the revenues collected to the board, as provided
by 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, when
approving a rate and levy fixed by the board, shall verify that a
duplication of tax levies does not exist between a fire protection
district and a municipality or township within the boundaries of the
district, so that taxpayers do not bear two (2) levies for the same
service, 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 protection
services before the establishment of a fire protection district under
this chapter shall continue to repay that indebtedness by levies within
the 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 township
to disband its fire department unless its legislative body consents by
ordinance. 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 is
annexed by a municipality that is not a part of the district ceases to
be a part of the fire protection district when the municipality begins
to 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 a
municipality that is located in two (2) counties.
(b) This section does not apply to a merged district under section
23 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 as
prescribed by section 12 of this chapter. However, the legislative
body of each county within which the district is located shall jointly
appoint one (1) trustee from each township or part of a township
contained in the district and one (1) trustee from the municipality
contained in the district. The legislative body of each county shall
jointly appoint a member to fill a vacancy.
(e) Sections 13, 14, and 15 of this chapter relating to the board of
fire trustees apply to the board of the district. However, the county
legislative bodies serving the district shall jointly decide where the
board shall locate (or approve location of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of
fire departments apply to the district. However, the budget must be
approved by the county fiscal body and county board of tax
adjustment in each county in the district. In addition, the auditor of
each county in the district shall perform the duties described in
section 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) or
more 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 by
freeholders in the two (2) districts, adopt an ordinance merging the
districts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fire
protection districts must initiate proceedings by filing a petition in
the office of the county auditor of each county where a district is
located. The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500) from each district, of the freeholders owning
land 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 same
items listed in section 7 of this chapter. Sections 6, 8, and 9 of this
chapter apply to the petition and to the legislative body of each
county in the proposed district.
(e) The board of fire trustees for each district shall form a single
board, which shall continue to be appointed as prescribed by section
12 of this chapter. In addition, sections 13, 14, and 15 of this chapter
relating to the board of fire trustees apply to the board of the merged
district, except that if the merged district lies in more than one (1)
county, the county legislative bodies serving the combined district
shall jointly decide where the board shall locate (or approve
relocation of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of
fire departments apply to a merged district. However, the budget
must be approved by the county fiscal body and county board of tax
adjustment in each county in the merged district. In addition, the
auditor of each county in the district shall perform the duties
described 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 may
be instituted by the filing of a petition with the county legislative
body that formed the district. If the proceedings are for dissolution
of a district to which section 5.1 of this chapter applies, the
proceedings may be instituted by the filing of a petition with the
primary county or the secondary county, or both.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500), of the freeholders owning land within the
district; or
(2) by a majority of those freeholders owning land within the
district;
whichever is less.
(c) Except as provided in subsection (d), the provisions of section
8 of this chapter concerning a petition to establish a district apply to
a 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 to
dissolve the district.
(e) Except as provided in subsection (f), a petition against the
dissolution of the fire protection district may be presented to the
county legislative body at or after a hearing on the petition to
dissolve a district and before the adoption of an ordinance or
resolution dissolving the district. If the legislative body finds that it
contains the signatures of fifty-one percent (51%) of the freeholders
within the district or of the freeholders who own two-thirds (2/3) of
the real property within the district, determined by assessed
valuation, the legislative body shall dismiss the petition for the
dissolution of the district.
(f) If a district is established under section 5.1 of this chapter, the
provisions of section 9.5 of this chapter apply to a petition to
dissolve the district.
(g) If, after the public hearing, the legislative body determines that
dissolution should occur, it shall adopt an ordinance dissolving the
district. If the district is established under section 5.1 of this chapter,
both legislative bodies of the counties containing the district must
adopt ordinances dissolving the district after determining in a public
hearing that the district should be dissolved.
(h) A dissolution takes effect three (3) months after the later of the
adoption of the ordinance under subsection (g) or the payment of the
district's debts and liabilities, including its liabilities under
IC 34-13-2 and IC 34-13-3. The property owned by the district after
payment of debts and liabilities shall be disposed of in the manner
chosen by the county legislative body or county legislative bodies.
Dissolution of a district does not affect the validity of any contract
to which the district is a party.
(i) A person aggrieved by a decision made by the county
legislative body or county legislative bodies under this section may,
within thirty (30) days, appeal the decision to the circuit court for
any county in which the district is located. The appeal is instituted by
giving written notice to each county legislative body within which
the district is located and filing with the circuit court clerk a bond in
the sum of five hundred dollars ($500), with surety approved by the
legislative body or legislative bodies. The bond must provide that the
appeal will be duly prosecuted and that the appellants will pay all
costs if the appeal is decided against them. When an appeal is
instituted, the county legislative body or county legislative bodies
shall file with the circuit court clerk a transcript of all proceedings in
the case, together with all papers filed in the case. The county
legislative body or county legislative bodies may not take further
action in the case until the appeal is heard and determined. An appeal
under this subsection shall be heard by the circuit court without a
jury. Change of venue from the judge may be granted, but change of
venue 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 sale
or mortgage contract
Sec. 26. After a sufficient appropriation for the purchase of
firefighting apparatus and equipment, including housing, is made and
is available, the district's fiscal officer, with the approval of the board
and the county fiscal body, may purchase the firefighting apparatus
and equipment for the district on an installment conditional sale or
mortgage 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 of
local government finance; and
(B) is purchasing the firefighting equipment with funding
from the:
(i) state or its instrumentalities; or
(ii) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equal
installments 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 a
full-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 following
expenses incurred by a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents
and means.
(3) X-ray, diagnostic, and therapeutic service, including service
provided during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the
fund used by the fire protection district for payment of the costs
attributable to providing fire protection services in the fire protection
district.
(d) A fire protection district that has paid for the care of a
firefighter under subsection (a) has a cause of action for
reimbursement of the amount paid under subsection (a) against any
third 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 this
subsection is in addition to, and not instead of, the cause of action of
the firefighter against the third party. As added by P.L.150-2002, SEC.3.
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 protection
district.
"Fiscal officer" means a bonded employee of the fire protection
district charged with the faithful receipt and disbursement of the
funds 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 owning
lands within the proposed or established fire protection district, a
person whose property may be condemned or injured by the district,
the proper officer of a municipality, an affected state agency, and all
local plan commissions.
"Joint title" means joint tenancy, tenancy in common, or tenancy
by the entireties.
"Primary county" refers to the county where the largest portion of
a municipality is located if the municipality is located in two (2)
counties.
"Secondary county" refers to the county where the smallest
portion of a municipality is located if the municipality is located in
two (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 protection
districts for any of the following purposes:
(1) Fire protection, including the capability for extinguishing all
fires that might be reasonably expected because of the types of
improvements, personal property, and real property within the
boundaries of the district.
(2) Fire prevention, including identification and elimination of
all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and
fire 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 another
part. A municipality may be included in a district, but only if it
consents by ordinance, unless a majority of the freeholders of the
municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district
may consist of:
(1) one (1) or more townships and parts of one (1) or more
townships 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 other
political subdivisions.
(d) The territory of a district may consist of a municipality that is
located 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 fire
protection district must initiate proceedings by filing a petition in the
office of the county auditor of the county where the freeholder's land
is located. The petition may also be filed by a municipality under an
ordinance adopted by its legislative body in each county where the
municipality is located.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500), of the freeholders owning land within the
proposed district; or
(2) by a majority of those freeholders owning land within the
proposed district;
whichever number is less.
(c) This subsection applies to a district that consists of a
municipality located in two (2) counties. The petitions filed in each
county as set forth in section 5.1 of this chapter shall be considered
parts 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 a
municipality located in two (2) counties.
(b) This section does not apply to a merged district under section
23 of this chapter.
(c) Freeholders within the proposed district who desire the
establishment of a fire protection district must initiate proceedings
by filing a petition to establish the district with the county auditor of
the county where the freeholder's land is located. Sections 6 and 7 of
this chapter apply to a petition filed under this section. The number
of freeholders who signed a petition shall be certified by the county
auditor of the county that is the subject of the petition. If a petition
is filed in both counties, the county auditor of the secondary county
shall forward the petition to the primary county.
(d) The county auditor of the primary county shall present the
petition to the legislative body of the primary county at its next
regularly scheduled meeting or at a special meeting called for that
purpose. Before or at the meeting, the legislative body shall
determine whether the petition bears the necessary signatures and
complies with requirements as to form and content. The legislative
body may not dismiss a petition with the requisite signatures because
of alleged defects without permitting amendments to correct errors
in form or content.
(e) In determining whether the signers of a petition are
freeholders, the names as they appear on the tax duplicates are prima
facie evidence of the ownership of land.
(f) If the legislative body of the primary county determines that
the petition conforms to the requirements of this chapter, the primary
county or the secondary county, or both, may set a date for a public
hearing on whether a fire protection district should, as a matter of
public policy, be established in the area proposed in the petition. The
district is established when both legislative bodies adopt an identical
ordinance 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; circulation
in counterparts
Sec. 6. (a) This section applies to petitions filed under either
section 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 of
determining what constitutes twenty percent (20%) or a majority of
the freeholders.
(c) A freeholder owning land in joint title may sign the petition
and the signature shall be counted. However, if two (2) or more
freeholders who own the same land in joint title sign the petition,
their combined signatures count only as one (1) signature for the
purposes of subsections (a) and (b).
(d) Any officer authorized by the corporation may sign the
petition for a private corporation owning land within the proposed
district. His signature is prima facie evidence of his authorization.
(e) The petition may be circulated in several counterparts and still
be 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 the
district from all other political subdivisions within or
contiguous to the area included within the district.
(2) A description of the territory to be included, not necessarily
by metes and bounds, but sufficiently accurate to inform the
county legislative body and to apprise landowners of the
possibility of the inclusion of their land within the district.
(3) A statement of the purposes for which the district is
proposed to be established.
(4) A statement of the necessity and urgency of accomplishing
the purposes.
(5) A statement that the creation of the district will be
conducive to the public health, safety, or welfare, including a
summary of the advantages to be derived from the creation of
the district.
(6) A statement that the costs and damages of the district will
probably be less than the benefits to be derived.
(7) Whether the petition is conditioned upon a grant of federal
or state monies, and whether the conditions that are attached to
the grant or grants are acceptable if the monies should be
offered. As added by Acts 1981, P.L.309, SEC.63.
IC 36-8-11-8 Petition to establish district; examination of signatures by
legislative 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 its
next regularly scheduled meeting or at a special meeting called for
that purpose. Before or at the meeting, the legislative body shall
determine whether the petition bears the necessary signatures and
complies with requirements as to form and content. The legislative
body may not dismiss a petition with the requisite signatures because
of alleged defects without permitting amendments to correct errors
in form or content.
(b) In determining whether the signers of a petition are
freeholders, the names as they appear on the tax duplicates are prima
facie evidence of the ownership of land.
(c) If the legislative body determines that the petition conforms to
the requirements of this chapter, it may set a date for a public hearing
on whether a fire protection district should, as a matter of public
policy, be established in the area proposed in the petition. The
legislative body may also prepare an ordinance or resolution to
establish the district for its consideration, in accordance with
applicable 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 fire
protection district may be presented to the county legislative body at
or after a hearing on the petition to establish a district and before the
adoption of an ordinance or resolution establishing the district.
(b) If the legislative body finds that it contains the signatures of
fifty-one percent (51%) of the freeholders within the proposed
district or of the freeholders who own two-thirds (2/3) of the real
property within the proposed district, determined by assessed
valuation, the legislative body shall dismiss the petition for the
establishment 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 a
municipality located in two (2) counties.
(b) This section does not apply to a merged district under section
23 of this chapter.
(c) The freeholders owning land within the proposed district may
file a petition opposing the establishment of the district with the
county auditor of the county where the freeholder's land is located.
If a petition is filed in both counties, the county auditor of the
secondary county shall forward the petition to the primary county
and certify to the primary county the number of freeholders who
signed the petition. A petition against the establishment of the fire
protection district must be presented to the legislative body of the
primary county at or after a hearing on the petition to establish a
district and before the adoption of an ordinance or resolution
establishing the district.
(d) If the legislative body of the primary county finds that the
petition contains the signatures of fifty-one percent (51%) of the
freeholders within the proposed district or of the freeholders who
own two-thirds (2/3) of the real property within the proposed district,
determined by assessed valuation, the legislative body shall dismiss
the 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 legislative
body finds the evidence does not support it, a new petition to
establish a district under this chapter in essentially the same area may
not be addressed to the legislative body for a period of two (2) years
after 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 already
established, the same procedure must be followed as is provided for
the establishment of a district. The petition must be addressed to the
legislative 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 or
resolution establishing the district becomes final, the county
legislative body shall appoint a board of fire trustees. The trustees
must be qualified by knowledge and experience in matters pertaining
to 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 of
any corporation or association that has a contract with the
district;
may not be appointed or serve as a trustee. The legislative body shall
appoint one (1) trustee from each township or part of a township
contained in the district and one (1) trustee from each municipality
contained in the district. If the number of trustees selected by this
method is an even number, the legislative body shall appoint one (1)
additional trustee so that the number of trustees is always an odd
number. If the requirements of this section do not provide at least
three (3) trustees, the legislative body shall make additional
appointments 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 their
appointments expire. As the terms expire, each new appointment is
for a term of four (4) years.
(c) If a vacancy occurs on the board, the county legislative body
shall 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 regular
meetings, but it shall meet at least once in the months of January,
April, July, and October. The county legislative body may order that
regular meetings be held more frequently.
(b) Special meetings of the board may be called by the chairman
or by two (2) trustees, upon written request to the secretary. At least
three (3) days before a special meeting, the secretary shall send to all
trustees 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 regular
meeting; or
(2) all trustees were present at a meeting at which a special
meeting 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 of
the board shall elect a chairman and vice chairman from their
number. The vice chairman shall act as chairman during the absence
or disability of the chairman.
(b) A majority of the trustees constitutes a quorum. An action of
the board is official, however, only if it is authorized by a majority
of 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, including
traveling expense at a rate equivalent to that provided by statute for
state employees. Claims for expense reimbursement must be
accompanied by an itemized written statement and approved by a
recorded motion of the board.
(d) At the time the county legislative body initially appoints the
board, it shall order where the board will maintain its offices. The
offices may not be changed without approval of the legislative body.
The board shall arrange for office space and keep a record of all
transactions and minutes of all meetings in the office. All records and
minutes 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 executive
with respect to fire protection functions, including those duties
and powers prescribed by IC 36-8-13, although all cooperative
and joint actions permitted by that chapter must be undertaken
according to this chapter;
(2) has the same powers and duties as a township executive
relative to contracting with volunteer firefighting companies, as
prescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the duties
of a fiscal officer, secretarial staff, persons performing special
and temporary services or providing legal counsel, and other
personnel considered necessary for the proper functioning of
the district; however, a person appointed as fiscal officer must
be bonded by good and sufficient sureties in an amount ordered
by the county legislative body to protect the district from
financial loss;
(4) shall exercise general supervision of and make regulations
for the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and
hearings;
(6) shall supervise the fiscal affairs and responsibilities of the
district;
(7) may delegate to employees of the district the authority to
perform ministerial acts, except in cases in which final action
of the board is necessary;
(8) shall keep accurate and complete records of all departmental
proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and
documents of the district;
(9) shall make an annual report to the executive and the fiscal
body of the county that at least lists the financial transactions of
the district and a statement of the progress in accomplishing the
purposes 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 ("Board
of Fire Trustees, __________ Fire Protection District"), with
service of process made on the chairman of the board, but costs
may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the
enforcement of this chapter or of proper action of the board
taken in a court;
(13) shall prepare and submit to the fiscal body of the county an
annual budget for operation and maintenance expenses and for
the retirement of obligations of the district, subject to review
and approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory
committees;
(15) may enter into agreements with and accept money from a
federal or state agency and enter into agreements with a
municipality located within or outside the district, whether or
not the municipality is a part of the district, for a purpose
compatible with the purposes for which the district exists and
with the interests of the municipality;
(16) may accept gifts of money or other property to be used for
the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal
property 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 to
the operations of the district making a fair and reasonable
charge for it;
(22) may make contracts or otherwise enter into agreements
with public or private persons and federal or state agencies for
construction, 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 under
IC 36-8-13-4.
(b) Powers granted by this chapter may be used only to
accomplish the purpose or purposes as stated in the ordinance or
resolution establishing the district. However, an act of the board
necessary and proper to accomplish the purposes for which the
district is established is not invalid because it incidentally
accomplishes a purpose other than one for which the district is
established. 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 district
constitutes a taxing district for the purpose of levying taxes to pay for
the construction, operation, and maintenance of district programs and
facilities. A tax levied must be levied at a uniform rate upon all
taxable property within the district. A fire protection district is a
municipal corporation within the meaning of the Constitution of
Indiana 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 of
a fire protection district and may be paid in part by revenues derived
from reasonable charges for services or property produced incident
to the operation of the district. Bonds shall be issued in the same
manner 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 money
to meet the expenses of operation and maintenance of the district,
including repairs, fees, salaries, depreciation on all depreciable
assets, rents, supplies, contingencies, bond redemption, and all other
expenses lawfully incurred by the district. After estimating expenses
and receipts of money, the board shall establish the tax levy required
to 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 local
government finance.
(c) Upon approval by the department of local government finance,
the board shall certify the approved tax levy to the auditor of the
county having land within the district. The auditor shall have the levy
entered on the county treasurer's tax records for collection. After
collection of the taxes the auditor shall issue a warrant on the
treasurer to transfer the revenues collected to the board, as provided
by 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, when
approving a rate and levy fixed by the board, shall verify that a
duplication of tax levies does not exist between a fire protection
district and a municipality or township within the boundaries of the
district, so that taxpayers do not bear two (2) levies for the same
service, 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 protection
services before the establishment of a fire protection district under
this chapter shall continue to repay that indebtedness by levies within
the 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 township
to disband its fire department unless its legislative body consents by
ordinance. 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 is
annexed by a municipality that is not a part of the district ceases to
be a part of the fire protection district when the municipality begins
to 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 a
municipality that is located in two (2) counties.
(b) This section does not apply to a merged district under section
23 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 as
prescribed by section 12 of this chapter. However, the legislative
body of each county within which the district is located shall jointly
appoint one (1) trustee from each township or part of a township
contained in the district and one (1) trustee from the municipality
contained in the district. The legislative body of each county shall
jointly appoint a member to fill a vacancy.
(e) Sections 13, 14, and 15 of this chapter relating to the board of
fire trustees apply to the board of the district. However, the county
legislative bodies serving the district shall jointly decide where the
board shall locate (or approve location of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of
fire departments apply to the district. However, the budget must be
approved by the county fiscal body and county board of tax
adjustment in each county in the district. In addition, the auditor of
each county in the district shall perform the duties described in
section 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) or
more 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 by
freeholders in the two (2) districts, adopt an ordinance merging the
districts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fire
protection districts must initiate proceedings by filing a petition in
the office of the county auditor of each county where a district is
located. The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500) from each district, of the freeholders owning
land 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 same
items listed in section 7 of this chapter. Sections 6, 8, and 9 of this
chapter apply to the petition and to the legislative body of each
county in the proposed district.
(e) The board of fire trustees for each district shall form a single
board, which shall continue to be appointed as prescribed by section
12 of this chapter. In addition, sections 13, 14, and 15 of this chapter
relating to the board of fire trustees apply to the board of the merged
district, except that if the merged district lies in more than one (1)
county, the county legislative bodies serving the combined district
shall jointly decide where the board shall locate (or approve
relocation of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the
taxing district, bonds, annual budget, tax levies, and disbanding of
fire departments apply to a merged district. However, the budget
must be approved by the county fiscal body and county board of tax
adjustment in each county in the merged district. In addition, the
auditor of each county in the district shall perform the duties
described 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 may
be instituted by the filing of a petition with the county legislative
body that formed the district. If the proceedings are for dissolution
of a district to which section 5.1 of this chapter applies, the
proceedings may be instituted by the filing of a petition with the
primary county or the secondary county, or both.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five
hundred (500), of the freeholders owning land within the
district; or
(2) by a majority of those freeholders owning land within the
district;
whichever is less.
(c) Except as provided in subsection (d), the provisions of section
8 of this chapter concerning a petition to establish a district apply to
a 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 to
dissolve the district.
(e) Except as provided in subsection (f), a petition against the
dissolution of the fire protection district may be presented to the
county legislative body at or after a hearing on the petition to
dissolve a district and before the adoption of an ordinance or
resolution dissolving the district. If the legislative body finds that it
contains the signatures of fifty-one percent (51%) of the freeholders
within the district or of the freeholders who own two-thirds (2/3) of
the real property within the district, determined by assessed
valuation, the legislative body shall dismiss the petition for the
dissolution of the district.
(f) If a district is established under section 5.1 of this chapter, the
provisions of section 9.5 of this chapter apply to a petition to
dissolve the district.
(g) If, after the public hearing, the legislative body determines that
dissolution should occur, it shall adopt an ordinance dissolving the
district. If the district is established under section 5.1 of this chapter,
both legislative bodies of the counties containing the district must
adopt ordinances dissolving the district after determining in a public
hearing that the district should be dissolved.
(h) A dissolution takes effect three (3) months after the later of the
adoption of the ordinance under subsection (g) or the payment of the
district's debts and liabilities, including its liabilities under
IC 34-13-2 and IC 34-13-3. The property owned by the district after
payment of debts and liabilities shall be disposed of in the manner
chosen by the county legislative body or county legislative bodies.
Dissolution of a district does not affect the validity of any contract
to which the district is a party.
(i) A person aggrieved by a decision made by the county
legislative body or county legislative bodies under this section may,
within thirty (30) days, appeal the decision to the circuit court for
any county in which the district is located. The appeal is instituted by
giving written notice to each county legislative body within which
the district is located and filing with the circuit court clerk a bond in
the sum of five hundred dollars ($500), with surety approved by the
legislative body or legislative bodies. The bond must provide that the
appeal will be duly prosecuted and that the appellants will pay all
costs if the appeal is decided against them. When an appeal is
instituted, the county legislative body or county legislative bodies
shall file with the circuit court clerk a transcript of all proceedings in
the case, together with all papers filed in the case. The county
legislative body or county legislative bodies may not take further
action in the case until the appeal is heard and determined. An appeal
under this subsection shall be heard by the circuit court without a
jury. Change of venue from the judge may be granted, but change of
venue 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 sale
or mortgage contract
Sec. 26. After a sufficient appropriation for the purchase of
firefighting apparatus and equipment, including housing, is made and
is available, the district's fiscal officer, with the approval of the board
and the county fiscal body, may purchase the firefighting apparatus
and equipment for the district on an installment conditional sale or
mortgage 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 of
local government finance; and
(B) is purchasing the firefighting equipment with funding
from the:
(i) state or its instrumentalities; or
(ii) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equal
installments 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 a
full-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 following
expenses incurred by a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents
and means.
(3) X-ray, diagnostic, and therapeutic service, including service
provided during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon
in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the
fund used by the fire protection district for payment of the costs
attributable to providing fire protection services in the fire protection
district.
(d) A fire protection district that has paid for the care of a
firefighter under subsection (a) has a cause of action for
reimbursement of the amount paid under subsection (a) against any
third 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 this
subsection is in addition to, and not instead of, the cause of action of
the firefighter against the third party. As added by P.L.150-2002, SEC.3.
