Delphi City Ordinance 2009-02, which establishes Delphi's participation in a fire protection territory with Deer Creek, Tippecanoe and Madison townships, unanimously passed first reading Thursday night at a special city council meeting. Attorney for the group Sue A. Beesley, with the law firm of Bingham McHale LLP of Indianapolis and who prepared the ordinance, said the document was "patterned after another territory in the state."

"You need to tailor it to fit your situation," she advised city council members.

Beesley clarified that to change the agreement with the participating townships all of the townships have to approve the change, following a question from council member Kyle Germond.

Council president Carolyn Pearson asked who would be responsible to manage the bookkeeping for the combined money from the three townships and the city.

"Would the fund be part of the city's budget?" she asked.

"The money completely flows through your budget," Beesley answered, referring to the city as the "head cheese" in the arrangement.

Beesley continued to clarify that, although the agreement between the city and the townships established an advisory board, the board was not required by law. She said as the named "provider unit" for the group, Delphi would be in control of the territory.

"I've read it over and I don't see anything that would cause a significant problem," city attorney Kurtis Fouts said.

Former fire chief Bill Schock asked Mayor Randy Strasser how the "Delphi Fire Protection Territory" chief would be chosen. He said Adams and Rockfield townships and Burrows might decide to join the territory.

"I really don't want to change the way we've been doing things," Strasser replied.

"It sounds good to me," Germond said.

"If someone withdraws, what happens to the other entities?" council member Nelson Smith asked.

"If they would opt out of this, the township would be responsible for their own fire protection," Strasser said.

Beesley explained the agreement was written so that each entity would retain title to the vehicles and equipment currently titled to them. She said the territory provider unit could decide later to title everything to the territory. She said all new equipment and vehicles purchased after July 1, the new taxing entity's effective date, would be titled to the territory. If one or more entities decided to leave the territory, they would forfeit their contribution of what was formerly their equipment or vehicles.

Germond asked about the potential increased bottom line of the territory budget from what the townships and city budget for the service. Strasser did not provide a definite number.

"The city currently picks up some overhead and administrative costs that would be transferred to the territory," Strasser said.

He noted as an example that a portion of his salary and that of city clerk-treasurer Janice Roe would be charged to the territory.

"There are some unknowns right now that would have to be discovered," Strasser added.

Germond asked if the budget would increase significantly.

"It won't take long to determine that," Strasser replied.

"I think we should move forward with it," council member Danny Sterrett said. "I don't have a problem with it."

Beesley said the public was given ample advance notice of the city council meeting and the public meeting, scheduled for Tuesday, Feb. 24, because the legal advertisement appeared in the Comet. Strasser agreed and said the public supported the formation of the territory because no one from the community was present for the special council meeting to ask questions or object.

Pearson moved to approve the ordinance and the agreement. Germond provided the second. The ordinance was passed 4-0. Council member Brian Garrison was not present for the vote.

The public hearing for the Delphi City ordinance was scheduled for last night at 6:30, too late for the Comet to publish the results in its Wednesday edition. Deer Creek, Tippecanoe and Madison townships scheduled adoption of the associated resolutions for them to join the fire protection territory. Click on "Delphi/townships approve fire protection territory" story on previous page.