Indiana Code 36-8-19-8. Fire protection territory fund; establishment; purposes; budget; tax levies
(b) The fund consists of the following:
Terms Used In Indiana Code 36-8-19-8
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
(2) Any money transferred to the fund by the provider unit as authorized under subsection (d).
(3) Any receipts from a false alarm fee or service charge imposed by the participating units under IC 36-8-13-4.
(4) Any money transferred to the fund by a participating unit under section 8.6 of this chapter.
(5) Any receipts from a distribution made under IC 6-3.6-6-8(d), which shall be deposited in the fund.
(c) The provider unit, with the assistance of each of the other participating units, shall annually budget the necessary money to meet the expenses of operation and maintenance of the fire protection services within the territory. The provider unit may maintain a reasonable balance, not to exceed one hundred twenty percent (120%) of the budgeted expenses. Except as provided in IC 6-1.1-18.5-10.5, and subject to section 7(c) of this chapter, after estimating expenses and receipts of money, the provider unit shall establish the tax levy required to fund the estimated budget. Subject to IC 6-1.1-18.5-10.5(c), the amount budgeted under this subsection shall be considered a part of each of the participating unit’s budget.
(d) If the amount levied in a particular year is insufficient to cover the costs incurred in providing fire protection services within the territory, the provider unit may transfer from available sources to the fire protection territory fund the money needed to cover those costs. In this case:
(1) the levy in the following year shall be increased by the amount required to be transferred; and
(2) the provider unit is entitled to transfer the amount described in subdivision (1) from the fund as reimbursement to the provider unit.
(e) If the amount levied in a particular year exceeds the amount necessary to cover the costs incurred in providing fire protection services within the territory, the levy in the following year shall be reduced by the amount of surplus money that is not transferred to the equipment replacement fund established under section 8.5 of this chapter. The amount that may be transferred to the equipment replacement fund may not exceed five percent (5%) of the levy for that fund for that year. Each participating unit must agree to the amount to be transferred by adopting an ordinance (if the unit is a county or municipality) or a resolution (if the unit is a township) that specifies an identical amount to be transferred.
(f) The tax under this section is subject to the tax levy limitations imposed under IC 6-1.1-18.5-10.5.
As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.2; P.L.82-2001, SEC.4; P.L.240-2001, SEC.5; P.L.47-2007, SEC.3; P.L.128-2008, SEC.7; P.L.182-2009(ss), SEC.443; P.L.183-2014, SEC.27; P.L.95-2022, SEC.9; P.L.236-2023, SEC.209.