As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 304  5            

      1997-1998                                                    6            


REPRESENTATIVES CLANCY-TAYLOR-SCHULER-VESPER-PADGETT-GARCIA-CATES-  8            

     WINKLER-TERWILLEGER-BRITTON-OLMAN-BATEMAN-ROMAN-MAIER-        9            

                        VAN VYVEN-SULZER                           10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 505.82, 711.091, and 5553.31 of     14           

                the Revised Code to allow a Board of Township      15           

                Trustees to adopt a resolution to  provide snow    16           

                removal from undedicated roads, and to require     17           

                the agreement of a Board of Township Trustees as   18           

                a condition of acceptance by the Board of  County  19           

                Commissioners or the county engineer of a street   20           

                that will be a township  road.                     21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 505.82, 711.091, and 5553.31 of    24           

the Revised Code be amended to read as follows:                    25           

      Sec. 505.82.  If a board of township trustees by a           34           

unanimous vote, or, in the event of the unavoidable absence of     35           

one trustee, by an affirmative vote of two trustees adopts a       36           

resolution declaring that an emergency exists which threatens      37           

life or property within the unincorporated territory of the        38           

township, the board may exercise the following powers for the      39           

duration of the emergency:                                         40           

      (A)  If an owner of an undedicated road in the               42           

unincorporated territory of the township has not provided for the  43           

removal of snow, ice, debris, or other obstructions from the       44           

road, THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT A RESOLUTION TO     45           

provide for such removal.  A RESOLUTION ADOPTED UNDER THIS         46           

SECTION SHALL EXPIRE NOT LATER THAN SIX MONTHS AFTER IT TAKES      47           

                                                          2      

                                                                 
EFFECT.  Prior to providing for such removal, the board of         49           

township trustees shall give, or make good faith attempt to give,  50           

oral notice to the owner of the road of the trustees' intent to    51           

clear the road and impose a service charge for doing so.  The      52           

board shall establish just and equitable service charges for such  53           

removal to be paid by the owners of the road.  The trustees shall  54           

keep a record of the costs incurred by the township in removing    55           

snow, ice, debris, or other obstructions from the road.  The       56           

service charges shall be based on these costs and shall be in an   57           

amount sufficient to recover these costs.  If                      58           

      (B)  IF there is more than one owner of the road, the board  61           

shall allocate the service charges among the owners on an          62           

equitable basis.  The board shall notify, in writing, each owner   63           

of the road of the amount of the service charge and CHARGES.  IF   64           

THE OWNER OF THE ROAD IS THE DEVELOPER OF RESIDENCES OR            65           

BUSINESSES SERVICED BY THE ROAD, THE BOARD MAY COMMENCE AN ACTION  66           

TO COLLECT THE SERVICE CHARGES UPON ANY PERFORMANCE BOND, OR                    

OTHER GUARANTEE OR SECURITY FURNISHED BY THE DEVELOPER.  IF THE    67           

BOARD IS OTHERWISE UNSUCCESSFUL IN COLLECTING THE SERVICE          68           

CHARGES, THE BOARD shall certify the charges to the county         69           

auditor.  The AND THE charges shall constitute a lien upon the     70           

property.  The auditor shall place the charges on a special        71           

duplicate to be collected as other taxes and returned to the       72           

township general fund.                                                          

      (B)  Contract (C)  IF THE BOARD ADOPTS A RESOLUTION UNDER    74           

DIVISION (A) OF THIS SECTION AS A RESULT OF AN EMERGENCY THAT      75           

THREATENS LIFE OR PROPERTY, AND IF THE RESOLUTION IS ADOPTED BY A  76           

UNANIMOUS VOTE OF THE BOARD, OR, IN THE EVENT OF THE UNAVOIDABLE   77           

ABSENCE OF ONE TRUSTEE, BY AN AFFIRMATIVE VOTE OF TWO TRUSTEES,    78           

THE BOARD MAY CONTRACT for the immediate acquisition,              79           

replacement, or repair of equipment needed for the emergency       80           

situation, without following the competitive bidding requirements  81           

of section 5549.21 or any other section of the Revised Code.       82           

      No emergency declared under this section shall remain in     84           

                                                          3      

                                                                 
effect for more than five consecutive days unless it is extended,  85           

for a period of not more than five days, by a resolution adopted   86           

by a unanimous vote of the board, or in the event of the           87           

unavoidable absence of one trustee, by an affirmative vote of two  88           

trustees.  A board may make more than one such extension, but      89           

each extension shall require a separate vote.                      90           

      (D)  THE REMOVAL OF SNOW, ICE, DEBRIS, OR OTHER              92           

OBSTRUCTIONS FROM AN UNDEDICATED ROAD BY A BOARD OF TOWNSHIP       93           

TRUSTEES ACTING PURSUANT TO A RESOLUTION ADOPTED UNDER DIVISION    94           

(A) OF THIS SECTION DOES NOT CONSTITUTE APPROVAL OR ACCEPTANCE OF  95           

THE UNDEDICATED ROAD.                                                           

      (E)  As used in this section, "undedicated road" means a     97           

road which THAT has not been approved and accepted by the board    98           

of county commissioners and is not a part of the state, county,    100          

or township road systems as provided in section 5535.01 of the     101          

Revised Code.                                                                   

      Sec. 711.091.  The city or village engineer in the case of   110          

lands within a city or village, and the county engineer in the     111          

case of lands outside of a city or village, shall, upon written    112          

request by the owner of the land upon which the A PREVIOUSLY       114          

DEDICATED street has been constructed check the construction and   115          

if OF THE STREET.  IF the engineer finds that such THE street has  117          

been constructed in accordance with the specifications set forth   119          

on the approved plat, and that such THE street is in good repair,  121          

then such THE ENGINEER'S finding, endorsed on the approved plat,   122          

shall constitute CONSTITUTES an acceptance of the street for       123          

public use by the city, village, or county as the case may be,     125          

provided such street has been theretofore duly dedicated.                       

PROVIDED HOWEVER, IF THE PREVIOUSLY DEDICATED STREET WILL BE A     126          

TOWNSHIP ROAD, NO FINDING OF THE COUNTY ENGINEER SHALL CONSTITUTE  127          

AN ACCEPTANCE OF THE STREET UNLESS THE BOARD OF TOWNSHIP TRUSTEES  128          

OF THE TOWNSHIP OR TOWNSHIPS IN WHICH THE ROAD WILL BE LOCATED OR  129          

THE TOWNSHIP HIGHWAY SUPERINTENDENT, IF ONE HAS BEEN APPOINTED,    130          

AGREES WITH THE FINDING OF THE COUNTY ENGINEER AND SIGNIFIES THE   131          

                                                          4      

                                                                 
AGREEMENT BY AN ENDORSEMENT ON THE APPROVED PLAT.                               

      Sec. 5553.31.  Any person may, with (A)  WITH the approval   141          

of the board of county commissioners, ANY PERSON MAY dedicate      142          

lands for road purposes.  A definite description of the lands to   145          

be dedicated with a plat of such lands thereto attached and                     

signed by the party dedicating such THE lands, with the approval   147          

and acceptance of the board indorsed thereon, shall be placed      149          

upon the proper road records of the county in which such road is   151          

situated.  The board shall not approve and accept the dedication   152          

of any land for road purposes until any lien attached to such                   

land under division (A)(B) of section 505.82 of the Revised Code   153          

is satisfied.  If the PROPOSAL TO DEDICATE lands so dedicated      155          

contemplate FOR ROAD PURPOSES CONTEMPLATES a change in an          156          

existing road, the same proceedings shall be had thereon, after    157          

the board FIRST SHALL APPROVE AND ACCEPT THE LANDS by proper       158          

resolution approves and accepts the lands for such purpose, THEN   160          

SHALL PROCEED IN THE SAME MANNER as are IS provided in cases       161          

where the board by unanimous vote declares its intention to        162          

locate, establish, widen, straighten, vacate, or change the        163          

direction of a road without a petition therefor, but otherwise.    164          

IN CASES OTHER THAN THOSE CONTEMPLATING A CHANGE IN AN EXISTING    165          

ROAD, AND EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, the  166          

proposal to dedicate lands for road purposes, together with the    168          

acceptance of the grant by the board, constitutes the lands so     169          

dedicated a public road, without any further proceedings thereon.  170          

      (B)  IF THE BOARD DOES NOT PLAN TO ESTABLISH AS A COUNTY     172          

ROAD A ROAD FOR WHICH A PROPOSAL TO DEDICATE LANDS HAS BEEN MADE   173          

UNDER DIVISION (A) OF THIS SECTION, THE BOARD SHALL NOT APPROVE    174          

AND ACCEPT THE DEDICATION UNLESS THE BOARD OF TOWNSHIP TRUSTEES    175          

OF THE TOWNSHIP OR TOWNSHIPS IN WHICH THE ROAD WILL BE LOCATED OR  176          

THE TOWNSHIP HIGHWAY SUPERINTENDENT, IF ONE HAS BEEN APPOINTED,    177          

ALSO APPROVES AND ACCEPTS THE DEDICATION.  THE BOARD OF TOWNSHIP   178          

TRUSTEES OR THE TOWNSHIP HIGHWAY SUPERINTENDENT MAY WITHHOLD                    

APPROVAL AND ACCEPTANCE ONLY IF THE PLANS AND SPECIFICATIONS OR    179          

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THE CONSTRUCTION FAILS TO MEET GENERALLY ACCEPTED ROAD             180          

CONSTRUCTION STANDARDS.                                                         

      Section 2.  That existing sections 505.82, 711.091, and      182          

5553.31 of the Revised Code are hereby repealed.                   183