(A) The Town Council, together with the Trustee and Board of Lincoln Township, St. Joseph County, Indiana, hereby joins together under the provisions of I.C. 36-8-19 for the purpose of entering into an agreement to establish the Walkerton Lincoln Fire Protection Territory.
(B) The area constituting the Walkerton Lincoln Fire Protection Territory (“Territory”) shall include the entire geographic area of the Town, and the entire geographic area of Lincoln Township in St. Joseph County. It is stipulated and agreed that Lincoln Township is contiguous to the Town. The provider unit, which is the participating unit that is responsible for providing the fire protection administrative services and to serve as the fiscal body within the territory, shall be the Town.
(C) Upon adoption of this section, and a mirror resolution to it by the Trustee and Board of Lincoln Township, the participating units agree to impose a uniform tax rate upon all of the taxable property within the Territory for funding and providing fire protection and prevention services as permitted under I.C. 36-8-19.
(D) The agreement to establish the Territory, as represented in Exhibit A attached hereto and incorporated herein by reference, shall include creation of a Walkerton Lincoln Fire Operating Protection Territory Fund, in accordance with I.C. 36-8-19-6(c)(3) and I.C. 36-8-19-8 by the Town from which all expenses of operating and maintaining the fire protection service within the Territory, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies and all other expenses lawfully incurred within the Territory shall be paid. The fund and money in the fund may not be used for any other expense or purpose, including payment of debt service or lease rentals on obligations issued or entered into to finance buildings or equipment.
(E) The Town Council authorizes the establishment of an Equipment Replacement Fund, in accordance with I.C. 36-8-19-6(c)(3) and I.C. 36-8-19-8 to be used to purchase fire protection equipment, emergency ambulance equipment, including housing, which will be used to serve the entire Territory. The participating units have agreed to impose a uniform tax rate upon all of the taxable property within the Territory for the Equipment replacement fund. The property tax rate for this levy may not exceed the amount permitted under Indiana law. The Fire Control Board of the Territory (“Fire Control Board”) shall direct the ownership, acquisition and disposition of all real and personal property to provide fire protection services, with such assets held in the name of the Provider Unit. Assets included in the Territory as of the start of the Territory shall remain titled in the name of the participating unit in title to such asset.
(F) The budget for the Walkerton Lincoln Fire Protection Fund shall be approved by the Fire Control Board of the Territory, following review and recommendation by the Town Council and the Trustee and Board of Lincoln Township, and shall be set in an amount sufficient to meet the expenses of operation and maintenance of the fire protection services within the Territory.
(G) The agreement shall also authorize the participating units to do any and all other acts provided for under the provisions of I.C. 36-8-19.
(H) The provisions of division (E) above shall become effective as of July 1, 2010, and all other provisions of this section shall become effective immediately upon adoption, and shall remain in full force and effect until repealed by ordinance.
(Res. 2010-1, passed - -2010)