(A) The Board:
(1) Has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by I.C. 36-8-13
, although all cooperative and joint actions permitted by that chapter must be undertaken according to this chapter;
(2) Has the same powers and duties as a township executive relative to contracting with volunteer firefighting companies, as prescribed by I.C. 36-8-12
and I.C. 36-8-13;
(3) Shall appoint, fix the compensation, and prescribe the duties of a Fiscal Officer, secretarial staff persons performing special and temporary services or providing legal counsel, and other personnel considered necessary for the proper functioning of the District; however, a person appointed as fiscal officer must be bonded by good and sufficient sureties in an amount ordered by the Board of County Commissioners to protect the district from financial loss;
(4) Shall exercise general supervision of and make regulations for the administration of the district’s affairs;
(5) Shall prescribe uniform rules pertaining to investigations and hearings;
(6) Shall supervise the fiscal affairs and responsibilities of the district;
(7) May delegate to employees of the district the authority to perform ministerial acts, except in cases in which final action of the Board is necessary;
(8) Shall keep accurate and complete records of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the District;
(9) Shall make an annual report to the Board of County Commissioners and County Council (the “Council”) that at least lists the financial transactions of the district and a statement of the progress in accomplishing the purposes for which the district has been established;
(10) Shall adopt a seal and certify all official acts;
(11) May sue and be sued collectively by its legal name Board of Fire Trustees, Fire District Number One, with service of process made on the Chairperson of the Board, but costs may not be taxed against the Trustees individually in an action;
(12) May invoke any legal, equitable, or special remedy for the enforcement of the provisions of I.C. 36-8-11-1 et seq.
, or of proper action of the Board taken in a court;
(13) Shall prepare and submit to the Council an annual budget for operation and maintenance expenses and for the retirement of obligations of the District, subject to review and approval by the fiscal body;
(14) May enter into agreements with and accept money from a federal or state agency, and enter into agreements with a municipality located within or outside the district, whether or not the municipality is a part of the district, for a purpose compatible with the purposes for which the district exists and with the interests of the municipality;
(15) May, if advisable, establish one or more advisory committees;
(16) May accept gifts of money or other property to be used for the purposes for which the district is established;
(17) May levy taxes at a uniform rate on the real and personal property within the district subject to the limitations below;
(18) May issue bonds and tax anticipation warrants;
(19) May incur other debts and liabilities;
(20) May purchase or rent property;
(21) May sell services or property that are produced incident to the operations of the district making a fair and reasonable charge for it;
(22) May make contracts or otherwise enter into agreements with public or private persons and federal or state agencies for construction maintenance, or operations of or in part of the district;
(23) May receive and disburse money; and
(24) May impose a false alarm fee or service charge under I.C. 36-8-13-4
.
(B) (1) Powers granted by this subchapter and by I.C. 36-8-11-1 et seq.
may be used only to accomplish the purpose, or purposes, as stated in this subchapter establishing the district.
(2) However, an act of the Board necessary and proper to accomplish the purposes for which the district is established is not invalid because it incidentally accomplishes a purpose other than one for which the district is established.
(C) The Trustees shall engage the New Waverly Fire Department for a period of at least four years as the primary provider of fire protection and emergency medical services for the district under terms beneficial to the district.
(D) (1) It is recognized that the respective townships will initially contribute unequal amounts in equipment and other assets to the district.
(2) The Board will make an accounting of such contributions and, if a township should withdraw from the district, during the first ten years of its existence, the Board will fairly compensate that township to the extent that it made an unequal excess contribution.
(Prior Code, § 33.328) (Ord. 10-05, passed 7-6-2010)