§ 36-8-19-6 — Establishing or expanding territory; ordinance or resolution; public hearings

Indiana § 36-8-19-6

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 19: Fire Protection Territories

Text

(a) To establish or expand a fire protection
territory, the legislative bodies of each unit or fire protection district:
(1) desiring to establish a fire protection territory; or
(2) desiring to expand an existing fire protection territory by:
(A) becoming a participating unit in; or
(B) approving the addition of a participating unit in;
an existing fire protection territory;
must adopt an ordinance (in the case of a county or municipality) or a
resolution (in the case of a township or a fire protection district).
(b) The ordinance or resolution must meet the following
requirements:
(1) The ordinance or resolution is identical to the ordinances and
resolutions adopted by the other units or fire protection districts
desiring to establish or expand the proposed territory.
(2) Except as otherwise provided in this subdivision, the
ordinance or resolution is adopted after January 1 but before April
1. However, for an ordinance or resolution adopted in 2023, the
ordinance or resolution must be adopted after January 1, 2023,
and before August 2, 2023.
(3) The ordinance or resolution authorizes the unit or fire
protection district to become a party to an agreement for the
establishment of a fire protection territory or the expansion of an
existing fire protection territory.
(4) This subdivision does not apply to an ordinance or resolution
adopted in 2023. An ordinance or resolution is adopted after the
legislative body holds at least three (3) public hearings to receive
public comment on the proposed ordinance or resolution as
follows:
(A) At least one (1) public hearing must be held at least thirty
(30) days before the legislative body votes on the adoption of
the ordinance or resolution. At the hearing, the legislative body
shall make available to the public the information required by
subsection (c) concerning the fiscal impact of the proposed fire
protection territory.
(B) At least two (2) public hearings must be held after the
public hearing in clause (A), with the last public hearing held
not later than ten (10) days before the legislative body votes on
the adoption of the ordinance or resolution.
The legislative body must give notice of the hearings under IC 5-3-1.
(5) This subdivision applies to an ordinance or resolution adopted
in 2023. An ordinance or resolution is adopted after the legislative
body holds at least three (3) public hearings to receive public
comment on the proposed ordinance or resolution as follows:
(A) At least one (1) public hearing must be held at least
twenty-five (25) days before the legislative body votes on the
adoption of the ordinance or resolution. At the hearing, the
legislative body shall make available to the public the
information required by subsection (c) concerning the fiscal
impact of the proposed fire protection territory.
(B) At least two (2) public hearings must be held after the
public hearing in clause (A), with the last public hearing held
not later than five (5) days before the legislative body votes on
the adoption of the ordinance or resolution.
The legislative body must give notice of the hearings under IC 5-3-1.
(c) The legislative body must make available to the public the
following information:
(1) The property tax levy, property tax rate, and budget to be
imposed or adopted during the first year of the proposed territory
for each of the units or fire protection districts that would
participate in the proposed territory. If a property tax rate is to be
implemented over a number of years as provided in section 7(c)
of this chapter, the information under this subdivision must
include the amount of the intended property tax rate after having
been fully implemented.
(2) The estimated effect of the proposed reorganization in the
following years on taxpayers in each of the units or fire protection
districts that would participate in the proposed territory, including
the expected property tax rates, property tax levies, expenditure
levels, service levels, and annual debt service payments.
(3) The estimated effect of the proposed reorganization on other
units in the county in the following years and on local option
income taxes, excise taxes, and property tax circuit breaker
credits.
(4) A description of the planned services and staffing levels to be
provided in the proposed territory.
(5) A description of any capital improvements to be provided in
the proposed territory.
(d) The notice required for a hearing under subsection (b)(4) and
(b)(5) shall include all of the following:
(1) A list of the provider unit and all participating units in the
proposed territory.
(2) The date, time, and location of the hearing.
(3) The location where the public can inspect the proposed
ordinance or resolution.
(4) A statement as to whether the proposed ordinance or
resolution requires uniform tax rates or different tax rates within
the territory.
(5) The name and telephone number of a representative of the unit
or fire protection district who may be contacted for further
information.
(6) The proposed levies and tax rates for each participating unit,
and whether a tax rate will be implemented over a number of
years under section 7(c) of this chapter.
(e) The ordinance or resolution adopted under this section shall
include at least the following:
(1) The boundaries of the proposed territory.
(2) The identity of the provider unit and all other participating
units desiring to be included within the territory.
(3) An agreement to impose:
(A) a uniform tax rate upon all of the taxable property within
the territory for fire protection services; or
(B) different tax rates for fire protection services for the units
or fire protection districts desiring to be included within the
territory, so long as a tax rate applies uniformly to all of a unit's
or fire protection district's taxable property within the territory.
(4) An agreement as to how the property that is held by the
territory will be disposed of if:
(A) a participating unit withdraws from the territory; or
(B) the territory is dissolved.
(5) The contents of the agreement to establish the territory.
(f) An ordinance or a resolution adopted under this section takes
effect July 1 of the year the ordinance or resolution is adopted.

Legislative History

As added by P.L.37-1994, SEC.3. Amended by P.L.240-2001, SEC.3; P.L.47-2007, SEC.2; P.L.49-2012, SEC.1; P.L.255-2017, SEC.43; P.L.14-2021, SEC.1; P.L.95-2022, SEC.7; P.L.236-2023, SEC.208.