Sec. 8. (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.
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