§ 36-8-11-9.5 — Multiple county district; petition against establishment of district

Indiana § 36-8-11-9.5

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

Text

5. (a) This section applies to a district that
contains a municipality located in two (2) counties.
(b) This section does not apply to a merged district under section 23
of this chapter.
(c) The freeholders owning land within the proposed district may
file a petition opposing the establishment of the district with the county
auditor of the county where the freeholder's land is located. If a petition
is filed in both counties, the county auditor of the secondary county
shall forward the petition to the primary county and certify to the
primary county the number of freeholders who signed the petition. A
petition against the establishment of the fire protection district must be
presented to the legislative body of the primary county at or after a
hearing on the petition to establish a district and before the adoption of
an ordinance or resolution establishing the district.
(d) If the legislative body of the primary county finds that the
petition contains the signatures of fifty-one percent (51%) of the
freeholders within the proposed district or of the freeholders who own
two-thirds (2/3) of the real property within the proposed district,
determined by assessed valuation, the legislative body shall dismiss the
petition for the establishment of the district.

Legislative History

As added by P.L.36-2000, SEC.6.