§ 36-8-11-24 — Dissolution of districts

(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.

Legislative History

As added by P.L.341-1987, SEC.6. Amended by P.L.63-1991, SEC.7; P.L.36-2000, SEC.9.