(A) The Town Council of Pendleton hereby joins together with the Trustee and Township Board of Fall Creek Township, and the Trustee and Township Board of Green Township, all of Madison County, Indiana, under the provisions of I.C. 36-8-19 to establish a fire protection territory.
(B) The fire protection territory shall include the entire area of the Town of Pendleton, including all of Fall Creek Township and the unincorporated area of Green Township.
(C) The provider unit shall be Town of Pendleton, Madison County.
(D) The participating units shall be the Town of Pendleton, Madison County, Fall Creek Township, Madison County, and Green Township, Madison County.
(E) Upon the adoption of this section by Fall Creek Township and Green Township; and the corresponding ordinance by the Town of Pendleton, the participating units agree that the property tax rates imposed on all taxable property in Fall Creek Township, Madison County, unincorporated Green Township (not including the Town of Ingalls), Madison County, and Pendleton, Madison County, for the services provided by the fire protection territory shall be the same.
(F) The agreement to establish the fire protection territory shall include the creation of a Fire Protection Territory Fund by the Town of Pendleton, from which all expenses of operating and maintaining the fire protection services within the territory, including repairs, fees, salaries, depreciation on all depreciable assets, rents supplies, contingencies, and other expenses lawfully incurred within the territory shall be paid. The funds and money in the fund may not be used for any other expense or purpose, such as the payment of debt service or lease rentals on obligations issued or entered into to finance buildings or equipment. The money in the fund may be used to repay any advances made by the Town of Pendleton to the fund, if any, or to transfers to the Equipment Replacement Fund.
(G) The budget for the Fire Protection Fund shall be approved by the Town of Pendleton Town Council, subject to the procedure detailed in the Interlocal Agreement titled "South Madison Fire Protection Territory Agreement" ("Interlocal Agreement"). The budget shall be set in an amount sufficient to meet the expenses of operation and maintenance of fire protection services within the territory and to maintain an appropriate operating reserve. After adoption of the fire protection budget, the participating units shall establish the tax levy required to fund the budget, as estimated by the provider unit, subject only to any applicable property tax levy controls.
(H) The agreement shall include the establishment of an Equipment Replacement Fund, to be used to purchase fire protection equipment, including housing. There shall be a separate levy, on all taxable property. The property tax rate for the Equipment Replacement Fund levy may not exceed three and $0.0333 per $100 of assessed value.
(I) The agreement provides for the establishment of a Territory Executive Board ("Executive Board") which shall perform certain administrative, planning, and operating business of the territory with the involvement of all the participating units subject to the terms of the interlocal agreement.
(J) The participating units designate and establish the provider unit through its fire department the enforcing authority for any uniform fire and building codes of the county or state, any ordinances or resolutions of the participating units, ambulance fee schedule, fireworks or amusement permitting and inspection procedures to be enforced throughout the territory, including but not limited to I.C. 36-8-17-7 and collect any fines or penalties payable to the territory for violations of any such laws or ordinances, all in compliance with relevant resolutions providing for same adopted by the provider unit or identical ordinances and resolutions adopted by each participating unit as recommend by the Executive Board, as defined herein, each of which shall be enacted and enforced uniformly throughout the territory by the provider unit and the department on the same terms and with the same powers and authority as provided to the territory and department by the participating units.
(K) The agreement shall also authorize the participating units to do all other acts provided under the provisions of I.C. 36-8-19 not otherwise agreed upon or limited by the interlocal agreement.
(L) All prior ordinances or parts thereof that are inconsistent with any provisions of this section are hereby repealed.
(M) A copy of the interlocal agreement is attached hereto and included as part of and incorporated by reference into this section and enforceable as an ordinance of the town and pursuant to the Laws of the State of Indiana.
(Ord. 2022-12, passed 3-29-22)
Cross-reference:
Fire Protection Territory Equipment Replacement Fund, see § 36.10