Sec. 5. (a) Freeholders who desire the establishment of a fire protection district must initiate proceedings by filing a petition in the office of the county auditor of the county where the freeholder's land is located. The petition may also be filed by a municipality under an ordinance adopted by its legislative body in each county where the municipality is located.
(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 proposed district; or
(2) by a majority of those freeholders owning land within the proposed district;
whichever number is less.
(c) This subsection applies to a district that consists of a municipality located in two (2) counties. The petitions filed in each county as set forth in section 5.1 of this chapter shall be considered parts of one (1) petition. The signature requirement of subsection (b) applies to the sum of the signatures on all parts of the petition.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-6; subsection (b) formerly 19-1-45-7 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.3; P.L.36-2000, SEC.4.
Structure Indiana Code
Chapter 11. Fire Protection Districts
36-8-11-0.1. Application of Certain Amendments to Chapter
36-8-11-4. Districts; Establishment; Authorized Purposes
36-8-11-5. Establishment of District by Freeholders; Procedure
36-8-11-5.1. Multiple County District; Establishment of District
36-8-11-6. Petitions; Signatures of Joint Owners and Corporations; Circulation in Counterparts
36-8-11-7. Contents of Petition to Establish District
36-8-11-9. Petition Against Establishment of District
36-8-11-9.5. Multiple County District; Petition Against Establishment of District
36-8-11-10. Limitation on Filing New Petition After Dismissal
36-8-11-11. Addition of Area to District; Procedure
36-8-11-12. Board of Fire Trustees; Appointment; Terms of Office; Vacancies
36-8-11-13. Trustees Meetings and Special Meetings
36-8-11-14. Trustees; Officers; Quorum; Approval of Actions; Compensation; Offices; Records
36-8-11-15. Trustees; Powers and Duties
36-8-11-16. Taxing District; District Considered Municipal Corporation
36-8-11-17. Bonds; Authorization
36-8-11-18. Annual Budget; Tax Levy
36-8-11-19. No Duplicate Tax Levies
36-8-11-20. Indebtedness Incurred Before Establishment of District
36-8-11-21. Disbanding Fire Department Not Required
36-8-11-22. Areas Annexed by Municipalities
36-8-11-22.1. Multiple County District; Board of Fire Trustees
36-8-11-23. Merger of Districts
36-8-11-24. Dissolution of Districts
36-8-11-26. Purchase of Firefighting Equipment on Installment Conditional Sale or Mortgage Contract
36-8-11-27. Payment of Line of Duty Health Care Expenses for Firefighters