Sec. 6.5. (a) The legislative bodies of all participating units in a territory may agree to change the provider unit of the territory from one (1) participating unit to another participating unit. To change the provider unit, the legislative body of each participating unit must adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or fire protection district) that agrees to and specifies the new provider unit. The provider unit may not be changed unless all participating units agree on the participating unit that will become the new provider unit. However, if the provider unit has adopted an ordinance or resolution under section 13 of this chapter to withdraw from the territory, a majority of the participating units that wish to remain in the territory and do not withdraw in accordance with section 13 of this chapter must agree on the participating unit that will become the new provider unit. The participating units may not change the provider unit more than one (1) time in any year.

     (b) The following apply to an ordinance or a resolution adopted under this section to change the provider unit of the territory:

Terms Used In Indiana Code 36-8-19-6.5

  • participating unit: refers to a unit or fire protection district that adopts an ordinance or a resolution under section 6 of this chapter. See Indiana Code 36-8-19-2
  • provider unit: refers to the participating unit that is responsible for providing the fire protection services within the territory. See Indiana Code 36-8-19-3
  • territory: refers to a fire protection territory established under this chapter. See Indiana Code 36-8-19-4
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) The ordinance or resolution must be adopted after January 1 but before July 1 of a year.

(2) The ordinance or resolution is effective January 1 of the year following the year in which the ordinance or resolution is adopted.

As added by P.L.182-2009(ss), SEC.441. Amended by P.L.255-2017, SEC.45.