§ 36-4-3-7 — Publication of adopted ordinance; effectiveness; fire protection districts

(a) After an ordinance is adopted under section
3, 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner
prescribed by IC 5-3-1. Except as provided in subsection (b), (c), or (e),
in the absence of remonstrance and appeal under section 11 or 15.5 of
this chapter, the ordinance takes effect at least ninety (90) days after its
publication and upon the filing required by section 22(a) of this
chapter.
(b) For the purposes of this section, territory that has been:
(1) added to an existing fire protection district under IC 36-8-11-11; or
(2) approved by ordinance of the county legislative body to be
added to an existing fire protection district under IC 36-8-11-11,
notwithstanding that the territory's addition to the fire protection
district has not yet taken effect;
shall be considered a part of the fire protection district as of the date
that the fire protection district was originally established.
(c) This subsection applies only to a fire protection district
established after July 1, 1987. This subsection does not apply to an
annexation under subsection (f). Whenever a municipality annexes
territory, all or part of which lies within a fire protection district (IC 36-8-11), the annexation ordinance (in the absence of remonstrance
and appeal under section 11 or 15.5 of this chapter) takes effect the
second January 1 that follows the date the ordinance is adopted and
upon the filing required by section 22(a) of this chapter. The
municipality shall:
(1) provide fire protection to that territory beginning the date the
ordinance is effective; and
(2) send written notice to the fire protection district of the date the
municipality will begin to provide fire protection to the annexed
territory within ten (10) days of the date the ordinance is adopted.
(d) This subsection applies only to a fire protection district
established after July 1, 1987. This subsection does not apply to an
annexation under subsection (f). If the fire protection district from
which a municipality annexes territory is indebted or has outstanding
unpaid bonds or other obligations at the time the annexation is
effective, the municipality is liable for and shall pay that indebtedness
in the same ratio as the assessed valuation of the property in the
annexed territory (that is part of the fire protection district) bears to the
assessed valuation of all property in the fire protection district, as
shown by the most recent assessment for taxation before the
annexation, unless the assessed property within the municipality is
already liable for the indebtedness. The annexing municipality shall
pay its indebtedness under this section to the board of fire trustees. If
the indebtedness consists of outstanding unpaid bonds or notes of the
fire protection district, the payments to the board of fire trustees shall
be made as the principal or interest on the bonds or notes becomes due.
(e) This subsection applies to an annexation initiated by property
owners under section 5.1 of this chapter in which all property owners
within the area to be annexed petition the municipality to be annexed.
Subject to subsection (c), and in the absence of an appeal under section
15.5 of this chapter, an annexation ordinance takes effect at least thirty
(30) days after its publication and upon the filing required by section
22(a) of this chapter.
(f) Whenever a municipality annexes territory that lies within a fire
protection district that has a total net assessed value (as determined by
the county auditor) of more than one billion dollars ($1,000,000,000)
on the date the annexation ordinance is adopted:
(1) the annexed area shall remain a part of the fire protection
district after the annexation takes effect; and
(2) the fire protection district shall continue to provide fire
protection services to the annexed area.
The municipality shall not tax the annexed territory for fire protection
services. The annexing municipality shall establish a special fire fund
for all fire protection services that are provided by the municipality
within the area of the municipality that is not within the fire protection
district, and which shall not be assessed to the annexed special taxing
district. The annexed territory that lies within the fire protection district
shall continue to be part of the fire protection district special taxing
district.
[Pre-Local Government Recodification Citations:
18-5-10-19 part; 18-5-10-20 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts
1981, P.L.308, SEC.4; Acts 1982, P.L.33, SEC.21; P.L.341-1987,
SEC.1; P.L.5-1989, SEC.94; P.L.224-2001, SEC.7; P.L.113-2010,
SEC.116; P.L.86-2018, SEC.342; P.L.236-2019, SEC.1; P.L.104-2022,
SEC.155; P.L.23-2022, SEC.1; P.L.70-2022, SEC.7; P.L.105-2022,
SEC.39; P.L.1-2025, SEC.235.