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Home My Public Portal About004-2013 - Establishment of a Fire Protection TerritorySTRICKEN ORDINANCE NO. 4-2013 OF THE CITY OF RICHMOND, INDIANA AN ORDINANCE FOR ESTABLISHMENT OF A FIRE PROTECTION TERRITORY PURSUANT TO INDIANA CODE 36-8-19 WHEREAS, The General Assembly of the State of Indiana adopted Indiana Code Chapter 36- 8-19 to provide for the creation of fire protection territories; and WHEREAS, The Common Council ("Common Council") of the City of Richmond, Indiana ("City"), desires to adopt, prior to April 1, 2013, an ordinance pursuant to the provisions of I.C. 36-8-19 to create a fire protection territory to serve the City and adjoining areas; and WHEREAS, The Common Council published notice of a public hearing in the Palladium -Item on January IIth, 2013, and held a public hearing to receive comments on this matter at the Richmond City Council meeting on January 22 and February 4, 2013; and WHEREAS, The Common Council of the City of Richmond has determined that it would be in the best interest of the City of Richmond to enter into an agreement with Wayne Township, Wayne County, Indiana ("Wayne Township") and, the Town of Spring Grove, Inc. ("Spring Grove"), for the purpose of establishing a fire protection territory serving geographic areas in all three jurisdictions. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF RICHMOND, INDIANA THAT: 1. Fire Protection Territory Established. A. The Common Council of the City of Richmond, Indiana, together with the Trustee and Board of Wayne Township, Wayne County, Indiana, and the Trustee and Board of Spring Grove, Inc., hereby join together under the provisions of I.C. 36-8-19 for the purpose of entering into an agreement to establish a fire protection territory. B. The area constituting the fire protection territory ("Territory") shall include the entire geographic area of the City of Richmond, Indiana, and the entire geographic area of Wayne Township in Wayne County, and the entire geographic area of the Town of Spring Grove, Inc. It is stipulated and agreed that Wayne Township and the Town of Spring Grove, Inc. is contiguous to the City. 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 City. C. Upon adoption of this ordinance, and a mirror resolution to it by the Trustee and Board of Wayne Township, and an mirror ordinance to it by the Trustee and Board of the Town of Spring Grove, Inc., the participating units agree to impose a uniform tax rate upon all of the Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) 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 fire protection territory fund by the City 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 City Council authorizes the establishment of an equipment replacement fund to be used to purchase fire protection equipment, including housing, that 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 executive board of the Territory ("Executive 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 fire protection fund shall be approved by the Executive Board of the Territory, following review and recommendation by the City Council and the Trustee and Board of Wayne Township, and the Trustee and Board of the Town of Spring Grove, Inc., 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. 2. Condition of Adoption of Identical Resolution. The validity and effectiveness of this Ordinance is expressly subject to the approval and adoption of an identical resolution hereto by the Trustee and the Board of Wayne Township and, the adoption of an identical resolution hereto by the Trustee and the Board of the Town of Spring Grove, Inc.. 3. Construction of Clause Headings. The clause headings appearing herein have been provided for convenience and reference and do not purport and shall not be deemed to define, limit or extend the scope or intent of the clause to which they appertain. 4. Repeal of Conflicting Ordinances. The provisions of all other City ordinances in conflict with the provisions hereof, if any, are of no further force or effect and are hereby repealed. 5. Severability. If any part of this Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remainder of this Ordinance. 2 Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) 6. Duration and Effective Date. The provisions of Section I.E. of this Ordinance shall become effective as of July 1, 2013, and all other provisions of this Ordinance shall become effective immediately upon adoption, and shall remain in full force and effect until repealed by ordinance. DULY PASSED AND ADOPTED this day of , 2013, by the Common Council of the City of Richmond, Wayne County, Indiana, having been passed by a vote of in favor and opposed. (Larry Parker) President (Jack Elstro) (Kelley Cruse -Nicholson) (Bruce Wissel) (J. Clayton Miller) (Don Winget) (Philip Matthew Quinn) (Misty Hollis) (Ron Oler) ATTEST: , City Clerk (Karen Chasteen, IAMC, MMC) 3 Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) PRESENTED to the Mayor of the City of Richmond, Indiana, this day of 12013, at 9:00 a.m. City Clerk (Karen Chasteen, IAMC, MMC) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this day of , 2013, at 9:05 a.m. ATTEST: (Karen Chasteen, IAMC, MMC) City Clerk , Mayor (Sarah L. Hutton) 0 Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com)