§ 36-6-6-14 — Special meeting; determination of need for fire and emergency services; effect of levy increase

(a) At any special meeting, if two (2) or more
members give their consent, the legislative body may determine
whether there is a need for fire and emergency services or other
emergency requiring the expenditure of money not included in the
township's budget estimates and levy.
(b) Subject to section 14.5 of this chapter, if the legislative body
finds that a need for fire and emergency services or other emergency
exists, it may issue a special order, entered and signed on the record,
authorizing the executive to borrow a specified amount of money
sufficient to meet the emergency. However, the legislative body may
not authorize the executive to borrow money under this subsection in
more than three (3) calendar years during any five (5) year period.
(c) Notwithstanding IC 36-8-13-4(a), the legislative body may
authorize the executive to borrow a specified sum from a township
fund other than the township firefighting or emergency services fund,
or if applicable, the township firefighting fund or township emergency
services fund if the legislative body finds that the emergency requiring
the expenditure of money is related to paying the operating expenses
of a township fire department or a volunteer fire department. At its next
annual session, the legislative body shall cover the debt created by
making a levy to the credit of the fund for which the amount was
borrowed under this subsection.
(d) In determining whether a fire and emergency services need
exists requiring the expenditure of money not included in the
township's budget estimates and levy, the legislative body and any
reviewing authority considering the approval of the additional
borrowing shall consider the following factors:
(1) The current and projected certified and noncertified public
safety payroll needs of the township.
(2) The current and projected need for fire and emergency
services within the jurisdiction served by the township.
(3) Any applicable national standards or recommendations for the
provision of fire protection and emergency services.
(4) Current and projected growth in the number of residents and
other citizens served by the township, emergency service runs,
certified and noncertified personnel, and other appropriate
measures of public safety needs in the jurisdiction served by the
township.
(5) Salary comparisons for certified and noncertified public safety
personnel in the township and other surrounding or comparable
jurisdictions.
(6) Prior annual expenditures for fire and emergency services,
including all amounts budgeted under this chapter.
(7) Current and projected growth in the assessed value of property
requiring protection in the jurisdiction served by the township.
(8) Other factors directly related to the provision of public safety
within the jurisdiction served by the township.
(e) In the event the township received additional funds under this
chapter in the immediately preceding budget year for an approved
expenditure, any reviewing authority shall take into consideration the
use of the funds in the immediately preceding budget year and the
continued need for funding the services and operations to be funded
with the proceeds of the loan.
[Pre-Local Government Recodification Citation: 17-4-29-3
part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by
P.L.41-1993, SEC.48; P.L.50-1998, SEC.1; P.L.146-2008, SEC.715;
P.L.218-2013, SEC.14; P.L.203-2016, SEC.24; P.L.236-2023,
SEC.168.