§ 36-8-11-23 — Merger of districts

Indiana § 36-8-11-23

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 11: Fire Protection Districts

Text

(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 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.

Legislative History

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; P.L.257-2019, SEC.154.