Sec. 9.5. (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.

Terms Used In Indiana Code 36-8-11-9.5

  • Freeholder: means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title. See Indiana Code 36-8-11-2
  • Primary county: refers to the county where the largest portion of a municipality is located if the municipality is located in two (2) counties. See Indiana Code 36-8-11-2
  • Secondary county: refers to the county where the smallest portion of a municipality is located if the municipality is located in two (2) counties. See Indiana Code 36-8-11-2
     (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.

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

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