§ 36-8-11-8 — Petition to establish district; examination of signatures by legislative body; hearing; ordinance or resolution

(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.
[Pre-Local Government Recodification Citation:
19-1-45-11.]
As added by Acts 1981, P.L.309, SEC.63.