Fire
protection territories are a means by which two or more contiguous
jurisdictions may pool resources for the purpose of providing fire protection
and prevention services. See IND. CODE § 36-8-19-5 (2010). The basic
requirements for establishing a fire protection territory are set forth in the
following relevant portions of Indiana Code § 36-8-19-6:
(a) To
establish a fire protection territory, the legislative bodies of each unit
desiring to become a part of the proposed territory must adopt an ordinance (if
the unit is a county or municipality) or a resolution (if the unit is a
township) that meets the following requirements:
(1) The
ordinance or resolution is identical to the ordinances and resolutions adopted
by the other units desiring to become a part of the proposed territory.
(2) The
ordinance or resolution is adopted after January 1 but before April 1.
(3) The
ordinance or resolution authorizes the unit to become a party to an agreement
for the establishment of a fire protection territory.
(4) The
ordinance or resolution is adopted after the legislative body holds a public
hearing to receive public comment on the proposed ordinance or resolution. The
legislative body must give notice of the hearing under IC 5-3-1.
(b) The
notice required under this section shall include the following:
(1) A list
of the provider unit and all participating units in the proposed territory.
(2) The
date, time, and location of the hearing.
(3) The
location where the public can inspect the proposed ordinance or resolution.
(4) A
statement as to whether the proposed ordinance or resolution requires uniform
tax rates or different tax rates within the territory.
(5) The
name and telephone number of a representative of the unit who may be contacted
for further information.
IND. CODE
§ 36-8-19-6(a),(b) (2010).
The Townships admit that Van
Buren Township’s notice did not comply with Indiana Code § 36-8-19-6(b).
Specifically, they admit that the Van Buren Township notice failed to
designate: 1) which Township was the fire territory’s provider unit and which
Township was the participating unit; 2) the location where the public could
inspect the proposed resolution creating the fire territory; and 3) who could
be contacted for further information and how. (Compare Oral Arg. Tr. at 11-13
with I.C. § 36-8-19-6(b)(1), (3), (5).) Moreover, they admit that the Van Buren
Township notice erroneously included Duck Township and erroneously listed
Harvey Stitt’s title as “Lafayette Township Trustee” instead of “Van Buren
Township Trustee.” (See Oral Arg. Tr. at 10-11.) Even so, the Townships argue
on appeal that the DLGF’s final determination denying their levy request was
improper because a reasonable person would not have been misled by the Van
Buren Township notice’s defects. The Townships assert that because “[t]he pair
of notices were published on the same days in the same newspaper” and thus
“when read together[, they] contain[ed] all the information that [was]
necessary” under Indiana Code § 36-8-19-6(b).
Unfortunately
for the Townships, the Court cannot determine whether there is any merit to
their argument because the administrative record in this case is completely
devoid of any evidence demonstrating that the two notices were in fact
published on the same days in the same newspaper. (See Cert. Admin. R.; Oral
Arg. Tr. at 13-14.) Accordingly, the Court cannot find the DLGF’s final
determination was improper. The Townships’ request for relief is therefore
denied.
