(A) The Town Fire Protection Territory is hereby created under the terms and conditions set forth in the interlocal agreement between the town and Guilford Township, a true and accurate copy of which is attached hereto as Exhibit A and is incorporated in this subchapter as if set out fully herein, and pursuant to the requirements of state law.
(B) The boundaries of the Town Fire Protection Territory are and extend to the municipal boundaries of the town and the boundaries of Guilford Township.
(C) The town is authorized to be the provider unit in the Town Fire Protection Territory as that term is defined in state law.
(D) Guilford Township is authorized to be the participating unit in the Town Fire Protection Territory as that term is defined in state law.
(E) The Town Council shall act as the governing body and ultimate authority in the Town Fire Protection Territory, including its day-to-day operations.
(F) The Town Fire Protection Territory shall have a uniform rate upon all taxable property within the territory.
(G) Guilford Township shall participate in both the annual budgeting and rate establishing process in the Town Fire Protection Territory as specified in the interlocal agreement. However, Guilford Township’s failure or refusal to participate in the annual budgeting and rate establishing process shall not deprive the town of its right to proceed and to approve the annual budget and requisite rates.
(H) If either the town or Guilford Township elects to withdraw from the Town Fire Protection Territory, it must, after January 1 but before April 1, adopt an ordinance or resolution providing for the withdrawal which will take effect July 1 of the year in which the ordinance or resolution is enacted. If either the town or Guilford Township enacts an ordinance or resolution withdrawing from the Town Fire Protection Territory, the withdrawing unit’s maximum permissible ad valorem property tax levy, with respect to fire protection services, shall be initially increased by the amount of the particular unit’s previous year levy. Moreover, additional increases, with respect to fire protection services, levy amounts are subject to the tax levy limitations under state law, except for the part of the unit’s levy that is necessary to retire the unit’s share of any debt incurred while the unit was a participating unit.
(Ord. 03-2008, passed 2-25-2008)