As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 187 5
1999-2000 6
REPRESENTATIVES OLMAN-JOLIVETTE-BOYD-BUCHY-CATES-CLANCY- 8
GERBERRY-HARRIS-JACOBSON-KREBS-MAIER-MOTTLEY-O'BRIEN- 9
ROMAN-SULZER-TAYLOR-TERWILLEGER-VAN VYVEN-WILLIAMS- 10
YOUNG-OPFER-SCHULER-CALVERT-EVANS 11
_________________________________________________________________ 12
A B I L L
To amend sections 109.14, 133.09, 309.09, 504.01, 14
504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 15
504.16, 504.17, 504.18, 504.19, 505.261, 505.262, 16
505.264, 505.37, 505.701, 709.50, 711.05, 711.10, 17
713.22, 1901.026, 2921.421, 3737.46, 3767.03, 18
4301.28, 5543.01, 5543.09, 5549.02, and 5573.01 19
and to enact sections 504.20 and 5549.021 of the 20
Revised Code to refer to townships that have 21
adopted the limited self-government form of 23
township government as "limited home rule 24
government" townships, to make changes in the 25
laws governing those townships, to permit any 26
township, for specified purposes, to issue 27
securities or change the provisions for issuing 28
debt, to change the composition and voting 29
practices of county planning commissions, and to 30
change the Subdivision Law to give townships 31
notice of proposed changes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 109.14, 133.09, 309.09, 504.01, 35
504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 504.16, 504.17, 37
504.18, 504.19, 505.261, 505.262, 505.264, 505.37, 505.701,
709.50, 711.05, 711.10, 713.22, 1901.026, 2921.421, 3737.46, 39
2
3767.03, 4301.28, 5543.01, 5543.09, 5549.02, and 5573.01 be 40
amended and sections 504.20 and 5549.021 of the Revised Code be 41
enacted to read as follows: 42
Sec. 109.14. When requested by them, the attorney general 51
shall advise the prosecuting attorneys of the several counties 52
respecting their duties in all complaints, suits, and 53
controversies in which the state is, or may be a party, and shall 54
advise the township law director of a township that has adopted 55
the A limited self-government form of township HOME RULE 56
government under Chapter 504. of the Revised Code. 57
Sec. 133.09. A (A) UNLESS IT IS A TOWNSHIP THAT HAS 66
ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF THE 67
REVISED CODE, A township shall not incur net indebtedness that 69
exceeds an amount equal to five per cent of its tax valuation, 70
and, except as specifically authorized by section 505.262 of the 71
Revised Code or other laws, shall not incur any net indebtedness 72
unless authorized by vote of the electors. 73
(B) A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME RULE 76
GOVERNMENT UNDER CHAPTER 504. OF THE REVISED CODE SHALL NOT INCUR 77
NET INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO TEN AND ONE-HALF 78
PER CENT OF ITS TAX VALUATION, OR INCUR WITHOUT A VOTE OF THE 79
ELECTORS NET INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO FIVE 80
AND ONE-HALF PER CENT OF THAT TAX VALUATION. IN CALCULATING THE 81
NET INDEBTEDNESS OF A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME 82
RULE GOVERNMENT, NONE OF THE FOLLOWING SECURITIES SHALL BE 83
CONSIDERED: 84
(1) SELF-SUPPORTING SECURITIES ISSUED FOR ANY PURPOSE; 87
(2) SECURITIES ISSUED FOR THE PURPOSE OF PURCHASING, 89
CONSTRUCTING, IMPROVING, OR EXTENDING WATER OR SANITARY OR 90
SURFACE AND STORM WATER SEWERAGE SYSTEMS OR FACILITIES, OR A 91
COMBINATION OF THOSE SYSTEMS OR FACILITIES, TO THE EXTENT THAT AN 93
AGREEMENT ENTERED INTO WITH ANOTHER SUBDIVISION REQUIRES THE
OTHER SUBDIVISION TO PAY TO THE TOWNSHIP AMOUNTS EQUIVALENT TO 94
DEBT CHARGES ON THE SECURITIES; 95
3
(3) SECURITIES THAT ARE NOT GENERAL OBLIGATIONS OF THE 97
TOWNSHIP; 98
(4) VOTED SECURITIES ISSUED FOR THE PURPOSES OF 100
REDEVELOPMENT TO THE EXTENT THAT THEIR PRINCIPAL AMOUNT DOES NOT 101
EXCEED AN AMOUNT EQUAL TO TWO PER CENT OF THE TAX VALUATION OF 102
THE TOWNSHIP; 103
(5) SECURITIES ISSUED FOR THE PURPOSE OF ACQUIRING OR 105
CONSTRUCTING ROADS, HIGHWAYS, BRIDGES, OR VIADUCTS, OR FOR THE 106
PURPOSE OF ACQUIRING OR MAKING OTHER HIGHWAY PERMANENT 107
IMPROVEMENTS, TO THE EXTENT THAT THE RESOLUTION OF THE BOARD OF 108
TOWNSHIP TRUSTEES AUTHORIZING THE ISSUANCE OF THE SECURITIES 109
INCLUDES A COVENANT TO APPROPRIATE FROM MONEY DISTRIBUTED TO THE 110
TOWNSHIP UNDER CHAPTER 4501., 4503., 4504., OR 5735. OF THE 112
REVISED CODE A SUFFICIENT AMOUNT TO COVER DEBT CHARGES ON AND 113
FINANCING COSTS RELATING TO THE SECURITIES AS THEY BECOME DUE; 114
(6) SECURITIES ISSUED FOR ENERGY CONSERVATION MEASURES 116
UNDER SECTION 505.264 OF THE REVISED CODE. 117
(C) In calculating the net indebtedness of a ANY township, 120
no obligation incurred under division (B) of section 513.17 or 121
under section 505.261, 505.264 or, 505.265, OR 505.37 of the 122
Revised Code shall be considered. 123
Sec. 309.09. (A) The prosecuting attorney shall be the 132
legal adviser of the board of county commissioners, board of 133
elections, and all other county officers and boards, including 134
all tax-supported public libraries, and any of them may require 135
written opinions or instructions from the prosecuting attorney in 136
matters connected with their official duties. The prosecuting 138
attorney shall prosecute and defend all suits and actions which 140
any such officer or board directs or to which it is a party, and 141
no county officer may employ any other counsel or attorney at the 142
expense of the county, except as provided in section 305.14 of 143
the Revised Code.
(B) The prosecuting attorney shall be the legal adviser 145
for all township officers, boards, and commissions, unless the 146
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township has adopted the A limited self-government form of 148
township HOME RULE government pursuant to Chapter 504. of the 150
Revised Code and has not entered into a contract to have the 151
prosecuting attorney serve as the township law director, in which
case the township law director, whether serving full-time or 153
part-time, shall be the legal adviser for all township officers, 154
boards, and commissions. When the board of township trustees 156
finds it advisable or necessary to have additional legal counsel, 157
it may employ an attorney other than the township law director or 158
the prosecuting attorney of the county, either for a particular 159
matter or on an annual basis, to represent the township and its 160
officers, boards, and commissions in their official capacities 162
and to advise them on legal matters. No such counsel or attorney 163
may be employed, except on the order of the board of township 164
trustees, duly entered upon its journal, in which the
compensation to be paid for such THE legal services shall be 165
fixed. Such THE compensation shall be paid from the township 166
fund. 167
Nothing in this division confers any of the powers or 169
duties of a prosecuting attorney under section 309.08 of the 170
Revised Code upon a township law director. 171
(C) Whenever the board of county commissioners employs an 173
attorney other than the prosecuting attorney of the county, 174
without the authorization of the court of common pleas as 175
provided in section 305.14 of the Revised Code, either for a 176
particular matter or on an annual basis, to represent the board 177
of county commissioners in its official capacity and to advise it 178
on legal matters, the board of county commissioners shall enter 179
upon its journal an order of the board in which the compensation 180
to be paid for such THE legal services shall be fixed. The 181
compensation shall be paid from the county general fund. The 182
total compensation paid, in any year, by the board of county 183
commissioners for legal services under this division shall not 184
exceed the total annual compensation of the prosecuting attorney 185
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for that county. 186
(D) The prosecuting attorney and the board of county 188
commissioners jointly may contract with a board of park 189
commissioners under section 1545.07 of the Revised Code for the 190
prosecuting attorney to provide legal services to the park 191
district the board of park commissioners operates. All moneys 192
received pursuant to such a THE contract shall be deposited into 193
the prosecuting attorney's legal services fund, which shall be 194
established in the county treasury of each county in which such a 195
THE contract exists. Moneys in that fund may be appropriated 197
only to the prosecuting attorney for the purpose of providing 198
legal services under a contract entered into under this division. 199
Sec. 504.01. A TOWNSHIP THAT MEETS THE QUALIFICATIONS OF 209
THIS SECTION MAY ADOPT A LIMITED HOME RULE GOVERNMENT IN THE 210
MANNER PROVIDED IN THIS SECTION. 211
(A) IF A TOWNSHIP HAS A POPULATION OF AT LEAST FIVE 214
THOUSAND BUT LESS THAN FIFTEEN THOUSAND IN THE UNINCORPORATED 215
TERRITORY OF THE TOWNSHIP, THE board of township trustees, by a 216
majority vote, may adopt a resolution causing the board of 217
elections to submit to the electors of the unincorporated area of 218
the township the question of whether the township should adopt 219
the A limited self-government form of township HOME RULE 220
government under which it exercises limited powers of local 221
self-government and limited police powers, as authorized by this 222
chapter. THE QUESTION SHALL BE VOTED UPON AT THE NEXT GENERAL 223
ELECTION OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER CERTIFICATION 225
OF THE RESOLUTION TO THE BOARD OF ELECTIONS. 226
(B) IF A TOWNSHIP HAS A POPULATION OF FIFTEEN THOUSAND OR 229
MORE IN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP, THE BOARD 230
OF TOWNSHIP TRUSTEES, AFTER AT LEAST ONE PUBLIC HEARING, MAY DO 231
EITHER OF THE FOLLOWING: 232
(1) BY A UNANIMOUS VOTE, ADOPT A RESOLUTION ESTABLISHING A 235
LIMITED HOME RULE GOVERNMENT UNDER WHICH THE TOWNSHIP EXERCISES 236
LIMITED POWERS OF LOCAL SELF-GOVERNMENT AND LIMITED POLICE POWERS 237
6
AS AUTHORIZED BY THIS CHAPTER. THE RESOLUTION SHALL BECOME 238
EFFECTIVE THIRTY DAYS AFTER THE DATE OF ITS ADOPTION UNLESS 239
WITHIN THAT THIRTY-DAY PERIOD THERE IS PRESENTED TO THE BOARD OF 240
TOWNSHIP TRUSTEES A PETITION, SIGNED BY A NUMBER OF REGISTERED 241
ELECTORS RESIDING IN THE UNINCORPORATED AREA OF THE TOWNSHIP 242
EQUAL TO AT LEAST TEN PER CENT OF THE TOTAL VOTE CAST FOR ALL 243
CANDIDATES FOR GOVERNOR IN THAT AREA AT THE MOST RECENT GENERAL 245
ELECTION AT WHICH A GOVERNOR WAS ELECTED, REQUESTING THE BOARD OF 246
TOWNSHIP TRUSTEES TO SUBMIT THE QUESTION OF ESTABLISHING A 247
LIMITED HOME RULE GOVERNMENT TO THE ELECTORS OF THAT AREA FOR 248
APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD ON THE DAY 249
OF THE NEXT PRIMARY OR GENERAL ELECTION OCCURRING AT LEAST
SEVENTY-FIVE DAYS AFTER THE PETITION IS PRESENTED. EACH PART OF 251
THE PETITION SHALL MEET THE REQUIREMENTS SPECIFIED IN SECTION 252
3501.38 OF THE REVISED CODE. UPON TIMELY RECEIPT OF THE 253
PETITION, THE BOARD OF TOWNSHIP TRUSTEES SHALL ADOPT A RESOLUTION 254
CAUSING THE BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE 255
UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION OF WHETHER THE 256
TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE GOVERNMENT. 257
(2) BY A MAJORITY VOTE, ADOPT A RESOLUTION CAUSING THE 259
BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE 260
UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION OF WHETHER THE 261
TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE GOVERNMENT UNDER WHICH 262
IT EXERCISES LIMITED POWERS OF LOCAL SELF-GOVERNMENT AND LIMITED 263
POLICE POWERS, AS AUTHORIZED BY THIS CHAPTER. THE QUESTION SHALL 265
BE VOTED UPON AT THE NEXT GENERAL ELECTION OCCURRING AT LEAST 266
SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE 267
BOARD OF ELECTIONS.
IF THE POPULATION OF THE UNINCORPORATED TERRITORY OF ANY 269
TOWNSHIP THAT ADOPTS A LIMITED HOME RULE GOVERNMENT UNDER 271
DIVISION (B) OR (D) OF THIS SECTION IS FIFTEEN THOUSAND OR MORE, 272
THE TOWNSHIP SHALL BE CALLED AN "URBAN TOWNSHIP." 273
(C) TOWNSHIPS WITH A POPULATION OF LESS THAN FIVE THOUSAND 275
IN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP ARE NOT PERMITTED 276
7
TO ADOPT A LIMITED HOME RULE GOVERNMENT. 277
The (D) IF A TOWNSHIP MEETS THE POPULATION REQUIREMENTS OF 280
DIVISION (A) OR (B) OF THIS SECTION, THE electors of the 281
unincorporated area of a THE township may petition the board of 282
township trustees to adopt a resolution causing the board of 283
elections to submit to the electors the question of whether the 284
township should adopt the A limited self-government form of HOME 285
RULE government. Upon receipt of a petition signed by ten per 287
cent of the electors of the unincorporated area of the township, 288
as determined by the total number of votes cast in that territory 289
AREA for the office of governor at the preceding MOST RECENT 290
general election for that office, the board of township trustees 291
of the township shall adopt such a THE resolution. The question 293
shall be voted upon at the next general election occurring at 294
least seventy-five days after the certification of the resolution 295
to the board of elections. 296
Sec. 504.02. (A) After certification of a resolution as 305
provided in DIVISION (A), (B), OR (D) OF section 504.01 of the 308
Revised Code, the board of elections shall submit the question of 309
whether to adopt the A limited self-government form of township 310
HOME RULE government to the electors of the unincorporated area 311
of the township, and the ballot language shall be substantially 312
as follows:
"Shall the township of ........... (name) adopt the A 314
limited self-government (also known as home rule) form of 315
township government, under which form GOVERNMENT the board of 317
township trustees, by resolution, may exercise limited powers of 318
local self-government and limited police powers?
...... For adoption of the A limited self-government (also 321
known as home rule) form of government 322
...... Against adoption of the A limited self-government (also 324
known as home rule) form of government" 325
(B) At least forty-five days before the election on this 327
question the board of township trustees shall have notice of the 328
8
election and a description of the proposed limited 329
self-government form of HOME RULE government published in a 330
newspaper of general circulation in the township for three 331
consecutive weeks and have the notice and description posted in 332
five conspicuous places in the unincorporated area of the 333
township.
(C) If a majority of the votes cast on the proposition of 335
adopting the A limited self-government form of township HOME RULE 337
government is in the affirmative, such form THAT GOVERNMENT is 338
adopted and becomes the form of government of the township on the 340
first day of January immediately following the election. 341
Sec. 504.03. (A)(1) If the A limited self-government form 350
of township HOME RULE government is adopted pursuant to section 351
504.02 of the Revised Code, it shall remain in effect for at 353
least three years except as otherwise provided in division (B) of 354
this section. At the end of that period, if the board of 355
township trustees determines that such form of THAT government is 356
not in the best interests of the township, it may adopt a 358
resolution causing the board of elections to submit to the 359
electors of the unincorporated area of the township the question 360
of whether the township should continue the limited 361
self-government form of township HOME RULE government. The 362
question shall be voted upon at the next general election 364
occurring at least seventy-five days after the certification of 365
the resolution to the board of elections. After certification of 366
such a THE resolution, the board of elections shall submit the 368
question to the electors of the unincorporated area of the 369
township, and the ballot language shall be substantially as 370
follows:
"Shall the township of ........... (name) continue the 372
limited self-government (also known as home rule) form of 373
township government, under which it is operating? 374
...... For continuation of the limited self-government (also 377
known as home rule) form of government 378
9
...... Against continuation of the limited self-government 380
(also known as home rule) form of government" 381
(2) At least forty-five days before the election on the 383
question of continuing the limited self-government form of HOME 384
RULE government, the board of township trustees shall have notice 385
of the election published in a newspaper of general circulation 386
in the township for three consecutive weeks and have the notice 387
posted in five conspicuous places in the unincorporated area of 388
the township. 389
(B) The electors of a township that has adopted the A 391
limited self-government form of HOME RULE government, at any time 393
may propose AT ANY TIME by initiative petition, in accordance
with section 504.14 of the Revised Code, a resolution submitting 395
to the electors in the unincorporated area of the township, in an 396
election, the question set forth in division (A)(1) of this 397
section.
(C) If a majority of the votes cast under division (A) or 399
(B) of this section on the proposition of continuing the limited 400
self-government form of township HOME RULE government is in the 401
negative, such form of THAT government is terminated effective on 403
the first day of January immediately following the election, and 405
the A limited self-government form of HOME RULE government shall 407
not be adopted in the unincorporated area of the township 408
pursuant to section 504.02 of the Revised Code for at least three 410
years after that date.
(D) If the A limited self-government form of township HOME 413
RULE government is terminated pursuant to this section, the board
of township trustees immediately shall adopt a resolution 414
repealing all resolutions adopted pursuant to this chapter that 415
are not authorized by any other section of the Revised Code 416
outside this chapter, effective on the first day of January 417
immediately following the election described in division (A) or 418
(B) of this section. However, no resolution adopted under this 419
division shall affect or impair the obligations of the township 420
10
under any security issued or contracts entered into by the 421
township in connection with the financing of any water supply 422
facility OR SEWER IMPROVEMENT under sections 504.18 and 504.19 TO 423
504.20 of the Revised Code or the authority of the township to 424
collect or enforce any assessments, or other revenues 425
constituting security for or source of payments of debt service 427
charges of such THOSE securities. 428
Sec. 504.04. (A) A township that adopts the A limited 437
self-government form of HOME RULE government, by resolution, may 439
do all of the following BY RESOLUTION, provided that any such 440
resolution OF THESE RESOLUTIONS, other than a resolution to 441
supply water OR SEWER SERVICES in accordance with sections 504.18 442
and 504.19 TO 504.20 of the Revised Code, may be enforced only by 445
the imposition of civil fines as authorized in this chapter: 446
(1) Exercise all powers of local self-government within 448
the unincorporated area of the township, other than powers that 449
are in conflict with general laws, except that the township shall 450
comply with the requirements and prohibitions of this chapter, 451
and shall enact no taxes other than those authorized by general 452
law, and except that no resolution adopted pursuant to this 453
chapter shall encroach upon the powers, duties, and privileges of 454
elected township officers or change, alter, combine, eliminate, 455
or otherwise modify the form or structure of the township 456
government unless the change is required by this chapter; 457
(2) Adopt and enforce within the unincorporated area of 459
the township such local police, sanitary, and other similar 460
regulations as THAT are not in conflict with general laws or 461
otherwise prohibited by division (B) of this section; 463
(3) Supply water AND SEWER SERVICES to users within the 465
unincorporated area of the township in accordance with sections 466
504.18 and 504.19 TO 504.20 of the Revised Code. 468
(B) No resolution adopted pursuant to this chapter shall 469
DO ANY OF THE FOLLOWING: 470
(1) Create a criminal offense or impose criminal 473
11
penalties, EXCEPT AS AUTHORIZED BY DIVISION (A) OF THIS SECTION; 474
(2) Impose civil fines other than as authorized by this 476
chapter; 477
(3) Establish or revise subdivision regulations, road 479
construction standards, sewer regulations, urban sediment rules, 481
or storm water and drainage regulations;
(4) Establish or revise building standards, building 483
codes, and other standard codes except as provided in section 484
504.13 of the Revised Code; 485
(5) Increase, decrease, or otherwise alter the powers or 487
duties of a township under any other chapter of the Revised Code 488
relative PERTAINING to agriculture or the conservation or 489
development of natural resources; 491
(6) Establish regulations affecting hunting, trapping, 493
fishing, or the possession, use, or sale of firearms; 494
(7) Establish or revise water OR SEWER regulations, except 497
in accordance with sections 504.18 and 504.19 of the Revised 498
Code.
Nothing in this chapter shall be construed as affecting the 500
powers of counties with regard to the subjects listed in 501
divisions (B)(3) to (5) of this section. 502
(C) Under the A limited self-government form of township 504
HOME RULE government, all officers shall have the qualifications, 506
and be nominated, elected, or appointed, as provided in Chapter 507
505. of the Revised Code, except that the board of township 508
trustees shall appoint a full-time or part-time law director 509
pursuant to section 504.15 of the Revised Code. 510
(D) In case of conflict between resolutions enacted by a 512
board of township trustees and municipal ordinances or 513
resolutions, the ordinance or resolution enacted by the municipal 514
corporation prevails. In case of conflict between resolutions 515
enacted by a board of township trustees and any county 516
resolution, the resolution enacted by the board of township 517
trustees prevails. 518
12
Sec. 504.12. No resolution and no section or numbered or 527
lettered division of a section shall be revised or amended unless 528
the new resolution contains the entire resolution, section, or 529
division as revised or amended, and the resolution, section, or 530
division so amended shall be repealed. This requirement does not 531
prevent the amendment of a resolution by the addition of a new 532
section, or division, and in this case the full text of the 533
former resolution need not be set forth, nor does this section 534
prevent repeals by implication. Except in the case of a 535
codification or recodification of resolutions, a separate vote 536
shall be taken on each resolution proposed to be amended. 537
Resolutions that have been introduced and have received their 538
first reading or their first and second readings, but have not 539
been voted on for passage, may be amended or revised by a 540
majority vote of the members of the board of township trustees, 541
and the amended or revised resolution need not receive additional 542
readings. 543
The board of township trustees of a limited self-government 545
HOME RULE township may revise, codify, and publish in book form, 546
the resolutions of the township in the same manner as provided in 547
section 731.23 of the Revised Code for municipal corporations. 548
Resolutions adopted by the board shall be published in the same 549
manner as provided by sections 731.21, 731.22, 731.24, 731.25, 550
and 731.26 of the Revised Code for municipal corporations, except 551
that they shall be published in newspapers circulating within the 552
township. The clerk of the township shall perform the duties 553
that the clerk of the legislative authority of a municipal 554
corporation is required to perform under those sections. 555
Sec. 504.13. (A) The EXCEPT AS PROVIDED IN DIVISION (B) 564
OF THIS SECTION, THE board of township trustees of a township 566
that adopts the A limited self-government form of HOME RULE 567
government may ADOPT, by resolution, adopt building codes and 569
other standard codes promulgated by the state, or any department, 570
board, or other agency of the state, or any code prepared and 571
13
promulgated by a public or private organization that publishes a 572
model or standard code, including, but not limited to, a plumbing 574
code, electrical code, refrigeration machinery code, piping code, 575
boiler code, heating code, air conditioning code, or any code 576
pertaining to fire, fire hazards, and fire prevention. Any codes 577
adopted pursuant to this section shall be adopted in the manner 578
provided for in section 505.75 of the Revised Code and shall be 579
made available as required in section 505.76 of the Revised Code. 580
(B)(1) In a county in which the board of county 582
commissioners adopts a code as described in division (A) of this 583
section, no NO township that adopts the limited self-government 585
HOME RULE form of government shall adopt such a code DESCRIBED IN 586
DIVISION (A) OF THIS SECTION IN ANY COUNTY THAT HAS ADOPTED A 587
CODE DEALING WITH THE SAME MATTER TO BE REGULATED. 588
(2) If a board of township trustees in a township that 590
adopts the A limited self-government form of HOME RULE government 592
adopts a code as described in division (A) of this section and 593
the board of county commissioners of the county in which the 594
township is located subsequently adopts a code dealing with the 595
same matter to be regulated, the code adopted by the board of 597
township trustees shall be of no effect one year after the 598
effective date of the code adopted by the board of county 599
commissioners or at an earlier date, as determined by the board 600
of township trustees. 601
Sec. 504.14. In a township that adopts the A limited 610
self-government form of HOME RULE government, resolutions may be 611
proposed by initiative petition by the electors in the 612
unincorporated area of the township and adopted by election by 614
these electors, and resolutions adopted by the board of township 615
trustees may be submitted to these electors for their approval or 616
rejection by referendum, under the same circumstances and in the 617
same manner as provided by sections 731.28 to 731.40 of the 618
Revised Code for municipal corporations, except that BOTH OF THE 619
FOLLOWING APPLY:
14
(A) Initiative and referendum petitions shall be filed 621
with the township clerk, who shall perform those THE duties 622
imposed under such THOSE sections upon the city auditor or 624
village clerk. 625
(B) Initiative and referendum petitions shall contain the 627
signatures of not less than ten per cent of the total number of 628
electors in the unincorporated area of the township who voted for 629
the office of governor at the preceding MOST RECENT general 630
election for that office in that area of the township. 632
Sec. 504.16. (A) Each township that adopts the A limited 641
self-government form of township HOME RULE government shall 642
promptly do one of the following: 643
(1) Establish a police district pursuant to section 505.48 645
of the Revised Code, except that the district shall include all 646
of the unincorporated area of the township and no other 647
territory; 648
(2) Establish a joint township police district pursuant to 650
section 505.481 of the Revised Code; 651
(3) Contract pursuant to section 311.29, 505.43, or 505.50 653
of the Revised Code to obtain police protection services, 654
including the enforcement of township resolutions adopted under 655
this chapter, or ON a regular basis. 656
(B) A township that has taken an action described in 658
division (A) of this section before adopting the A limited 659
self-government form of township HOME RULE government need not 660
take any other such action upon adopting that form GOVERNMENT. 661
(C) The requirement that a township take one of the 663
actions described in divisions (A)(1), (2), and (3) of this 664
section does not prevent a township that acts under division 665
(A)(1) or (2) of this section from contracting under division 666
(A)(3) of this section to obtain additional police protection 667
services on a regular basis. 668
Sec. 504.17. The establishment of the A limited 677
self-government form of township HOME RULE government does not 678
15
affect any act done, ratified, or affirmed, or any contract or 679
other right or obligation accrued or established, or any action, 680
prosecution, or proceeding, civil or criminal, pending at the 681
time this change in form of government takes effect. The 682
establishment of the A limited self-government form of township 684
HOME RULE government does not affect any cause of action, 685
prosecutions, or proceedings existing at the time it takes 686
effect. Rights that attach to any act of the township, and 687
actions, prosecutions, or proceedings may be prosecuted and 688
continued, or instituted and prosecuted against, by, or before 689
the department having jurisdiction or power of the subject matter 690
to which such THE right, action, prosecution, or proceedings 691
pertain.
All rules and orders lawfully promulgated prior to the 693
establishment of the A limited self-government form of township 695
HOME RULE government in the township continue in force and effect 696
until amended or rescinded in accordance with this chapter. 697
Sec. 504.18. (A) As used in this section and in section 706
SECTIONS 504.19 AND 504.20 of the Revised Code, "water supply 708
facilities" means all buildings, facilities, and pipelines 710
acquired, constructed, or operated by or leased to a township, or 711
to be acquired, constructed, or operated by or leased to a 712
township, that the board of township trustees considers necessary 713
for the storage, transportation, or treatment of water resources 714
and the operation of facilities which THAT supply water, together 715
with all property rights, easements, and interests in real or 717
personal property that may be required for the operation of the 718
facilities.
(B) For the purpose of supplying water OR SEWER SERVICES 720
to users within the unincorporated area of the township, the 722
board of township trustees by resolution may acquire, construct, 723
maintain, improve, repair, operate, and pay all or any part of 724
the costs of water supply facilities. The board may provide such 725
A supply of water OR SEWER SERVICES by contract with any 727
16
municipal corporation, COUNTY SEWER DISTRICT, OR REGIONAL WATER 728
AND SEWER DISTRICT or any person, firm, or private corporation 730
furnishing a public water supply OR SEWER SERVICES within or 731
outside its THE township. If the best interests of the township 733
and the users of the water supply facility so require, the board 735
may sell or otherwise dispose of the water supply facility.
(C) To pay all or any part of the costs of A water supply 737
facilities OR SEWER SERVICES UNDER THIS SECTION OR SECTION 504.19 738
OF THE REVISED CODE, the board OF TOWNSHIP TRUSTEES by resolution 739
may levy special assessments upon lots and lands in the township 740
benefiting from the water supply facilities OR SEWER IMPROVEMENTS 741
and may issue unvoted securities in anticipation of the levy or 743
collection of those special assessments in accordance with 744
Chapter 133. of the Revised Code. At the discretion of the board, 745
assessments may be levied by one of the following methods: 746
(1) By a percentage of the tax value of the property 748
assessed; 749
(2) In proportion to the benefits that result from the 751
improvement IMPROVEMENTS; 752
(3) By the front footage of the property bounding and 754
abutting the improvements. 755
(D) For the purpose of paying costs of constructing or 757
otherwise improving a water supply facility and paying debt 759
service charges on voted or unvoted securities of the township
issued for such purposes, and for paying costs of operating and 760
maintaining a water supply facility, the board may charge, alter 762
and collect rents and other charges for the use of services of a
water supply facility, which rents and charges if not paid when 764
due may be certified by the township clerk to the county auditor, 765
who shall place the same on the tax duplicate to be collected as 766
other taxes. Those rents and charges are a lien on the property 767
served from and after the date of entry by the county auditor on 768
the tax duplicate. 769
(E) The costs of constructing or otherwise improving a 771
17
water supply facility may include any of the following: 773
(1) The purchase price of real estate or any interest 775
therein; 776
(2) The cost of preliminary and other surveys; 778
(3) The cost of preparing plans, specifications, profiles, 780
and estimates; 781
(4) The cost of printing, serving, and publishing notices 783
and any required legislation; 784
(5) The cost of all special proceedings; 786
(6) The cost of labor and material, whether furnished by 788
contract or otherwise; 789
(7) Interest on bonds or notes issued in anticipation of 791
the levy or collection of special assessments; 792
(8) The total amount of damages resulting from the project 794
that are assessed in favor of any owners of lands affected by the 795
project and any interest thereon; 796
(9) The cost incurred in connection with the preparation, 798
levy, and collection of the special assessments, including legal 799
expenses incurred by reason of the project; 800
(10) All contract construction costs; 802
(11) Incidental costs connected with the project. 804
(F) The board may make any contract for the purchase of 806
supplies or material or for labor for any work in connection with 807
the water supply facilities in the manner provided in section 809
6119.10 of the Revised Code.
(G) The board may adopt, amend, rescind, publish, 811
administer, and enforce rules for the construction, maintenance, 812
operation, protection, and use of the water supply facilities as 814
are considered necessary and advisable. The rules shall not be 815
inconsistent with the laws of the state or the rules of the
environmental protection agency. The board may enforce the rules 816
by mandamus, injunction, or other legal remedy. 817
Sec. 504.19. (A) The board of township trustees may 826
prepare and adopt a general plan of water supply OR SEWER 827
18
SERVICES. After the general plan has been approved by the board, 828
the BOARD IMMEDIATELY SHALL NOTIFY THE BOARD OF COUNTY 830
COMMISSIONERS IF TERRITORY SERVED BY A COUNTY WATER SUPPLY
FACILITY OR A COUNTY SEWER DISTRICT INCLUDES TERRITORY TO BE 831
COVERED BY THE PLAN, AND THE BOARD OF TRUSTEES OF ANY EXISTING 832
REGIONAL WATER AND SEWER DISTRICT THAT INCLUDES ANY TERRITORY TO 834
BE COVERED BY THE PLAN, OF THE TOWNSHIP'S INTENTION TO PROVIDE 836
WATER SUPPLY OR SEWER SERVICES AND SHALL DESCRIBE THE AREA WHERE 837
THE TOWNSHIP PROPOSES TO PROVIDE WATER SUPPLY OR SEWER SERVICES. 838
THE BOARD OF COUNTY COMMISSIONERS AND, IF APPLICABLE, THE BOARD 839
OF TRUSTEES OF THE REGIONAL WATER AND SEWER DISTRICT THEN HAVE 840
THIRTY DAYS FROM THE DATE OF NOTIFICATION TO COMMENT AND OBJECT 841
IN WRITING TO THE TOWNSHIP'S PROVISION OF WATER SUPPLY OR SEWER 842
SERVICES. AN OBJECTION MAY BE BASED ON ONE OR MORE OF THE 843
FOLLOWING:
(1) THE COUNTY OR A SPECIAL DISTRICT ALREADY PROVIDES THE 846
PROPOSED WATER SUPPLY OR SEWER SERVICES TO THE AREA TO BE SERVED.
(2) THE COUNTY OR A SPECIAL DISTRICT HAS IN ITS SERVICE 848
PLAN PROVISIONS TO PROVIDE THE PROPOSED WATER SUPPLY OR SEWER 849
SERVICES IN THE FUTURE TO THE PROPOSED AREA WITHIN A REASONABLE 850
PERIOD OF TIME. 851
(3) THE PROVISION OF THE PROPOSED WATER SUPPLY OR SEWER 853
SERVICES BY THE TOWNSHIP WOULD MAKE IT IMPOSSIBLE, FINANCIALLY OR 855
OTHERWISE, FOR THE COUNTY OR SPECIAL DISTRICT TO PROVIDE THE 856
WATER SUPPLY OR SEWER SERVICES OUTLINED IN ITS EXISTING PLAN. 858
WITHIN FIFTEEN DAYS AFTER RECEIVING OBJECTIONS, THE BOARD 860
OF TOWNSHIP TRUSTEES MAY REQUEST IN WRITING SUBMITTED TO THE 861
OBJECTING PARTY THAT THE ISSUE OF THE TOWNSHIP'S PROVISION OF THE 862
PROPOSED WATER SUPPLY OR SEWER SERVICES BE MEDIATED. THE 863
MEDIATION SHALL BE PERFORMED EITHER BY THE OHIO COMMISSION ON 865
DISPUTE RESOLUTION AND CONFLICT MANAGEMENT OR BY HAVING EACH 866
PARTY SELECT A MEDIATOR AND HAVING THOSE TWO MEDIATORS SELECT A 867
THIRD MEDIATOR WHO, TOGETHER WITH THE OTHER TWO MEDIATORS, SHALL 868
CONDUCT THE MEDIATION. 869
19
WITHIN FORTY-FIVE DAYS AFTER THE REQUEST FOR MEDIATION IS 872
SUBMITTED, ANY MEDIATION SHALL BE COMPLETED, AND ANY AGREEMENTS 873
REACHED BETWEEN THE PARTIES SHALL BE FILED IN WRITING WITH THE 874
PARTIES. THEREAFTER, THE RESPECTIVE GOVERNING BOARDS MAY ADOPT 875
THE AGREEMENTS, MAKING THOSE AGREEMENTS BINDING ON THE PARTIES, 876
OR, IF ONE OR MORE OF THE AGREED-UPON POINTS IS REJECTED, THAT 877
REJECTION SHALL BE CONSIDERED A FINAL DECISION OF A GOVERNING 878
BOARD FOR PURPOSES OF CHAPTER 2506. OF THE REVISED CODE, AND THE 880
BOARD OF TOWNSHIP TRUSTEES MAY FILE AN APPEAL UNDER THAT CHAPTER 881
REGARDING ITS PROVISION OF THE PROPOSED WATER SUPPLY OR SEWER
SERVICES. IN ADDITION TO ANY FINDINGS OF THE COURT PROVIDED IN 882
SECTION 2506.04 OF THE REVISED CODE, THE COURT MAY DETERMINE THAT 885
THE COUNTY OR SPECIAL DISTRICT HAS NOT MET THE CRITERIA SPECIFIED
IN DIVISIONS (A)(1) TO (3) OF THIS SECTION AND, THEREFORE, THE 888
TOWNSHIP MAY PROVIDE ITS PROPOSED WATER SUPPLY OR SEWER SERVICES 889
OR, IN THE ALTERNATIVE, MAY DETERMINE THAT THE TOWNSHIP COULD 890
PROVIDE THE PROPOSED WATER SUPPLY OR SEWER SERVICES MORE 891
EXPEDIENTLY THAN THE COUNTY OR SPECIAL DISTRICT WITH NO 893
SUBSTANTIAL INCREASE IN COST TO THE USERS OF THE WATER SUPPLY OR 894
SEWER SERVICES AND, THEREFORE, ORDER THAT THE TOWNSHIP MAY 895
PROVIDE ITS PROPOSED WATER SUPPLY OR SEWER SERVICES. 896
(B) ONCE THE BOARD HAS APPROVED A GENERAL PLAN OF WATER 899
SUPPLY OR SEWER SERVICES UNDER DIVISION (A) OF THIS SECTION, THE 901
board shall hire an engineer to prepare detailed plans, 902
specifications, and estimates of the cost of the improvement 903
IMPROVEMENTS, together with a tentative assessment of the cost 905
based on such THE estimates. The tentative assessment shall be 907
for the information of property owners, and shall not be 908
certified to the county auditor for collection. The detailed 909
plans, specifications, estimates of cost, and tentative 910
assessment, as prepared by the engineer and approved by the 911
board, shall be preserved in the office of the board and shall be 912
open to inspection of all persons interested in the improvements. 913
(B) The (C) ONCE IT HAS BEEN DETERMINED UNDER DIVISION 916
20
(A) OF THIS SECTION THAT A TOWNSHIP MAY PROVIDE ITS PROPOSED
WATER SUPPLY OR SEWER SERVICES, THE board may condemn for the use 917
of the township any public or private land, easement, rights, 919
rights-of-way, franchises, or other property within or outside 920
the township required by it for the accomplishment of its 921
purposes according to the procedure set forth in sections 163.01 922
to 163.22 of the Revised Code. The engineer hired by the board 923
may enter upon any public or private property for the purpose of 924
making surveys and examinations necessary for the design or 925
examination of water supply OR SEWER facilities. No person shall 926
forbid or interfere with the engineer or his THE ENGINEER'S 927
authorized assistants entering upon property for these purposes. 929
If actual damage is done to property by the making of a survey 930
and examination, the board shall pay the reasonable value of the 931
damage to the owner of the property damaged, and the cost shall 932
be included in the assessment upon the property benefited by the 933
improvement.
(C)(D) As soon as all questions of compensation and 935
damages have been determined for any water supply facilities OR 936
SEWER SERVICES improvement project, the board shall cause to be 937
made an estimated assessment, upon the lots and lands to be 938
assessed, of such part of the compensation, damages, and costs of 939
the improvement as is to be specially assessed according to the 940
method specified by resolution of the board. The schedule of the 941
assessments shall be filed with the township clerk for the 942
inspection of interested persons. Before adopting the estimated 943
assessment, the board shall cause written notice to be sent to 944
the owners of all lots and lands to be assessed that the 945
assessment has been made and is on file with the township clerk, 946
and the date when objections to the assessment will be heard. 947
Such objections OBJECTIONS shall be filed in writing with the 949
board before the date of the hearing. If any objections are 950
filed, the board shall hear them and act as an equalizing board, 951
and may change the assessments if, in its opinion, any change is 952
21
necessary to make the assessments just and equitable. The board 953
shall adopt a resolution approving and confirming the assessments 954
as reported to or modified by the board. 955
(D)(E) The resolution levying the assessments shall 957
apportion the cost among the benefited lots and lands in the 958
manner provided by the board by resolution. The board shall 959
certify the amounts to be levied upon each lot or parcel of land 960
to the county auditor, who shall enter the amounts on the tax 961
duplicate, to be collected as other taxes. The principal shall 962
be payable in not more than forty semiannual installments, as 963
determined by the board. Any assessment in the amount of 964
twenty-five dollars or less, or of which the unpaid balance is 965
twenty-five dollars or less, shall be paid in full and not in 966
installments, at the time the first or next installment otherwise 967
would become due and payable. Assessments are a lien upon the 968
respective lots or parcels of land assessed from the date of 969
adoption of the resolution under division (C)(D) of this section. 970
In the event that IF bonds are issued to pay the compensation, 973
damages, and the costs of an improvement, the principal amount of 974
the assessment shall be payable in such number of semiannual 975
installments and in such amounts as the board determines to be 976
necessary to provide a fund for the payment of the principal of 977
and interest on the bonds and shall bear interest from the date 978
of THE ISSUANCE OF THE BONDS and at the same rate as the bonds. 980
(E)(F) Any owner of property to be assessed for any water 982
supply facilities OR SEWER SERVICES improvement project, or other 983
person aggrieved by the action of the board in regard to any 984
water supply facilities OR SEWER SERVICES improvement project, 985
may appeal to the court of common pleas, in the manner prescribed 986
by Chapter 2506. of the Revised Code. 987
(F)(G) When collected, the assessments shall be paid by 989
the county auditor by warrant of the county treasurer into a 990
special fund in the township treasury created for the purpose of 991
constructing, improving, maintaining, and operating water supply 992
22
facilities OR SEWER IMPROVEMENTS. The board may expend moneys 993
from the fund only for the purposes for which the assessments 994
were levied.
Sec. 504.20. (A) FOR THE PURPOSE OF SUPPLYING WATER AND 997
PROVIDING SEWER SERVICES TO USERS WITHIN THE UNINCORPORATED AREA 998
OF THE TOWNSHIP UNDER A PLAN ADOPTED PURSUANT TO SECTION 504.19 999
OF THE REVISED CODE, THE BOARD OF TOWNSHIP TRUSTEES BY RESOLUTION 1,001
MAY ACQUIRE, CONSTRUCT, MAINTAIN, IMPROVE, REPAIR, OPERATE, AND 1,002
PAY ALL OR ANY PART OF THE COSTS OF WATER SUPPLY FACILITIES OR 1,003
SEWER IMPROVEMENTS. IF THE BEST INTERESTS OF THE TOWNSHIP AND 1,004
THE USERS OF THE WATER SUPPLY FACILITIES OR SEWER SERVICES SO 1,005
REQUIRE, THE BOARD MAY SELL OR OTHERWISE DISPOSE OF A WATER 1,006
SUPPLY FACILITY OR SEWER IMPROVEMENT. 1,007
(B) TO COVER THE COSTS OF ACQUIRING, CONSTRUCTING, 1,010
MAINTAINING, IMPROVING, REPAIRING, OR OPERATING A WATER SUPPLY 1,011
FACILITY OR SEWER IMPROVEMENT, THE BOARD MAY ISSUE GENERAL 1,012
OBLIGATION BONDS OF THE TOWNSHIP IN ACCORDANCE WITH CHAPTER 133. 1,013
OF THE REVISED CODE, FOR WHICH THE FULL FAITH AND CREDIT OF THE 1,016
TOWNSHIP SHALL BE PLEDGED.
(C) FOR THE PURPOSE OF PAYING COSTS OF CONSTRUCTING OR 1,019
OTHERWISE IMPROVING A WATER SUPPLY FACILITY OR SEWER IMPROVEMENT 1,020
AND PAYING DEBT SERVICE CHARGES ON VOTED OR UNVOTED SECURITIES OF 1,021
THE TOWNSHIP ISSUED FOR THOSE PURPOSES, AND FOR PAYING COSTS OF 1,022
OPERATING, REPAIRING, AND MAINTAINING A WATER SUPPLY FACILITY OR 1,023
SEWER IMPROVEMENT, THE BOARD MAY CHARGE, ALTER, AND COLLECT RENTS 1,024
AND OTHER CHARGES FOR THE USE OF SERVICES OF A WATER SUPPLY 1,025
FACILITY OR SEWER IMPROVEMENT, WHICH RENTS AND CHARGES IF NOT 1,026
PAID WHEN DUE MAY BE CERTIFIED BY THE TOWNSHIP CLERK TO THE 1,027
COUNTY AUDITOR, WHO SHALL PLACE THE SAME ON THE TAX DUPLICATE TO 1,028
BE COLLECTED AS OTHER TAXES. THOSE RENTS AND CHARGES ARE A LIEN 1,029
ON THE PROPERTY SERVED FROM AND AFTER THE DATE OF ENTRY BY THE 1,030
COUNTY AUDITOR ON THE TAX DUPLICATE. 1,031
(D) THE COSTS OF CONSTRUCTING OR OTHERWISE IMPROVING A 1,034
WATER SUPPLY FACILITY OR SEWER IMPROVEMENT MAY INCLUDE ANY OF THE 1,035
23
FOLLOWING:
(1) THE PURCHASE PRICE OF REAL ESTATE OR ANY INTEREST IN 1,038
REAL ESTATE;
(2) THE COST OF PRELIMINARY AND OTHER SURVEYS; 1,040
(3) THE COST OF PREPARING PLANS, SPECIFICATIONS, PROFILES, 1,043
AND ESTIMATES;
(4) THE COST OF PRINTING, SERVING, AND PUBLISHING NOTICES 1,046
AND ANY REQUIRED LEGISLATION;
(5) THE COST OF ALL SPECIAL PROCEEDINGS; 1,048
(6) THE COST OF LABOR AND MATERIAL, WHETHER FURNISHED BY 1,051
CONTRACT OR OTHERWISE;
(7) INTEREST ON BONDS OR NOTES ISSUED IN ANTICIPATION OF 1,054
THE LEVY OR COLLECTION OF SPECIAL ASSESSMENTS;
(8) THE TOTAL AMOUNT OF DAMAGES RESULTING FROM THE PROJECT 1,057
THAT ARE ASSESSED IN FAVOR OF ANY OWNERS OF LANDS AFFECTED BY THE 1,058
PROJECT AND ANY INTEREST ON THOSE DAMAGES;
(9) THE COST INCURRED IN CONNECTION WITH THE PREPARATION, 1,061
LEVY, AND COLLECTION OF THE SPECIAL ASSESSMENTS, INCLUDING LEGAL 1,062
EXPENSES INCURRED BY REASON OF THE PROJECT; 1,063
(10) ALL CONTRACT CONSTRUCTION COSTS; 1,065
(11) INCIDENTAL COSTS CONNECTED WITH THE PROJECT. 1,067
(E) THE BOARD MAY ADOPT, AMEND, RESCIND, PUBLISH, 1,070
ADMINISTER, AND ENFORCE RULES FOR THE CONSTRUCTION, MAINTENANCE, 1,071
OPERATION, PROTECTION, AND USE OF WATER SUPPLY FACILITIES AND 1,072
SEWER SERVICES, THAT ARE CONSIDERED NECESSARY AND ADVISABLE. THE 1,073
RULES SHALL NOT BE INCONSISTENT WITH THE LAWS OF THE STATE OR THE 1,074
RULES OF THE ENVIRONMENTAL PROTECTION AGENCY. THE BOARD MAY 1,075
ENFORCE THE RULES BY MANDAMUS, INJUNCTION, OR OTHER LEGAL REMEDY. 1,076
Sec. 505.261. To A BOARD OF TOWNSHIP TRUSTEES MAY acquire 1,085
suitable lands and materials, INCLUDING LANDSCAPE PLANTING AND 1,086
OTHER SITE IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND 1,087
RECREATIONAL EQUIPMENT AND APPARATUS, to establish a township 1,091
park pursuant to section 505.26 of the Revised Code, a board of 1,092
township trustees AND FOR THOSE PURPOSES may accept a conveyance 1,094
24
of, purchase for cash or by installment payments, enter into 1,095
lease-purchase agreements for, lease with option to purchase, or 1,096
lease the suitable lands and materials ISSUE, SUBJECT TO CHAPTER 1,097
133. OF THE REVISED CODE, SECURITIES AND OTHER PUBLIC OBLIGATIONS 1,101
AS DEFINED IN DIVISION (GG) OF SECTION 133.01 OF THE REVISED 1,104
CODE.
If the lands or materials are purchased, the board may pay 1,106
for them over a period of four THIRTY years from the date of 1,107
purchase, and may issue the notes SECURITIES of the township 1,109
covering the deferred payments and payable at the times provided 1,111
PURSUANT TO DIVISION (B)(3)(c) OF SECTION 133.20 OF THE REVISED 1,116
CODE. IF MATERIALS, INCLUDING LANDSCAPE PLANTING OR OTHER SITE 1,117
IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND RECREATIONAL 1,118
EQUIPMENT AND APPARATUS, ARE PURCHASED, THE BOARD MAY ISSUE 1,119
SECURITIES OF THE TOWNSHIP FOR THAT PURPOSE HAVING A MAXIMUM 1,120
MATURITY AS SPECIFIED IN DIVISION (B)(6)(e) OR (f) OF SECTION 1,123
133.20 OF THE REVISED CODE COVERING THE DEFERRED PAYMENTS. The 1,126
notes SECURITIES may bear interest not to exceed the rate 1,127
determined as provided in section 9.95 of the Revised Code. The 1,128
notes SECURITIES shall not be included in the computation of the 1,130
net indebtedness of the township under section 133.09 of the 1,131
Revised Code. The
THE resolution authorizing the issuance of the notes 1,134
SECURITIES shall provide for amounts sufficient to pay the 1,136
interest on and principal of the notes SECURITIES. For this
purpose, the board may expend funds from the township general 1,138
fund, or the board may levy a tax, not to exceed one-half of one 1,139
mill, on the taxable property of the township for a period not to 1,140
exceed four years. The tax shall be collected as other taxes and 1,141
appropriated to pay the interest on and principal of the notes. 1,142
Not less than one-fourth of the purchase price shall be paid in 1,143
cash at the time of purchase as provided in the contract and the 1,144
remainder of the purchase price shall be paid in annual 1,145
installments of not less than one-fourth of the total purchase 1,146
25
price secured by notes of equal amounts SECURITIES. The notes 1,148
SECURITIES shall contain an option for prepayment. The notes 1,149
SECURITIES shall be offered for sale on the open market or may be 1,151
given to the vendor or contractor if no sale is made on the open 1,152
market.
The board shall have surveys and plats made of the lands 1,154
acquired for a township park, and shall establish permanent 1,155
monuments on the boundaries of the lands. The plats, when 1,156
executed according to sections 711.01 to 711.38 of the Revised 1,157
Code, shall be recorded in the office of the county recorder, and 1,158
such records shall be admissible in evidence for the purpose of 1,159
locating and ascertaining the true boundaries of the park. In 1,160
furtherance of the use and enjoyment of the park lands controlled 1,161
by it, the board may accept donations of money or other property, 1,162
or may act as trustees of land, money, or other property, and use 1,163
and administer them as stipulated by the donor, or as provided in 1,164
the trust agreement. The terms of each donation or trust shall 1,165
first be approved by the court of common pleas before acceptance 1,166
by the board. 1,167
The board may receive and expend grants for park purposes 1,169
from agencies and instrumentalities of the United States or of 1,170
this state, and may enter into contracts or agreements with the 1,171
agencies and instrumentalities, or with other townships, township 1,172
park boards, municipal corporations, municipal park boards, 1,173
counties, park districts, or other similar park authorities, to 1,174
carry out the purposes for which the grants were furnished. 1,175
The board shall devise plans for the maintenance and 1,177
improvement of the park and award all contracts for maintenance 1,178
and improvement in the manner provided by the law governing 1,179
township trustees in awarding contracts for public improvements. 1,180
The board may appoint all necessary employees, fix their 1,181
compensation, and prescribe their duties. The board may prohibit 1,182
selling, giving away, or using any intoxicating liquors in the 1,183
township park, and may pass bylaws and adopt rules for the 1,184
26
government of the park and provide for their enforcement by fines 1,185
and penalties. 1,186
Sec. 505.262. (A) Notwithstanding division (D) of section 1,195
505.37 of the Revised Code or any other statute of this state, 1,196
the board of township trustees of any township may, by unanimous 1,197
vote, MAY adopt a resolution allowing the township to contract 1,198
for the purchase of equipment, buildings, and sites, or for the 1,199
construction of buildings, for any lawful township purpose. The 1,200
board may ISSUE, by resolution adopted by unanimous vote, issue 1,201
the notes SECURITIES of the township to finance purchases and 1,202
construction made pursuant to this division. The notes 1,204
SECURITIES shall be signed by the board and attested by the 1,206
signature of the township clerk, and shall be payable over a 1,207
period not exceeding nine years THE MAXIMUM MATURITY OF THOSE 1,208
SECURITIES IS SUBJECT TO THE LIMITATIONS IN SECTION 133.20 OF THE 1,209
REVISED CODE. The notes SECURITIES shall bear interest not to 1,210
exceed the rate determined as provided in section 9.95 of the 1,212
Revised Code, and shall not be subject to Chapter 133. of the 1,213
Revised Code. The resolution authorizing the issuance of the 1,214
notes shall provide for levying and collecting annually by 1,215
taxation, amounts sufficient to pay the interest on and principal 1,216
of the notes. Not less than one-tenth of the purchase price or 1,217
construction cost shall be paid in cash at the time of purchase, 1,218
as provided in the contract, and the remainder of the purchase 1,219
price or construction cost shall be paid in annual installments 1,220
of not less than one-tenth of the total purchase price or 1,221
construction cost, secured by notes of equal amounts. Notes in 1,222
amounts greater than one-tenth of the total purchase price or 1,223
construction cost may be issued. Notes may be issued for a 1,224
period of nine years or less and, if for a period of less than 1,225
nine years, the notes may be renewed from time to time, provided 1,226
that any renewal shall be paid in full no later than nine years 1,227
from the date when the initial notes were sold SECURITIES. The 1,228
notes SECURITIES may contain a clause permitting prepayment at 1,230
27
the option of the board. Notes SECURITIES shall be offered for 1,232
sale on the open market or given to the vendor or contractor if 1,233
no sale is made.
(B) No purchase or construction pursuant to division (A) 1,235
of this section shall be undertaken unless the county auditor 1,236
certifies that, if the purchase or construction is undertaken, 1,237
the debt service charge for the purchase or construction in the 1,238
first year, together with the debt service charge for that same 1,239
year for any other purchase or construction already undertaken 1,240
pursuant to division (A) of this section, does not exceed 1,241
one-tenth of the township's total revenue from all sources. If 1,242
the county auditor so certifies, in every year of the debt after 1,243
the first year, the county budget commission shall include a debt 1,244
charge in the township's annual tax budget submitted pursuant to 1,245
sections 5705.01 to 5705.47 of the Revised Code sufficient to 1,246
meet the annual debt incurred pursuant to division (A) of this 1,247
section, if such debt charge is omitted from the budget. 1,248
Sec. 505.264. (A) As used in this section, "energy 1,257
conservation measure" means an installation or modification of an 1,258
installation in, or remodeling of, an existing building, to 1,259
reduce energy consumption. It includes THE FOLLOWING: 1,260
(1) Insulation of the building structure and of systems 1,262
within the building; 1,263
(2) Storm windows and doors, multiglazed windows and 1,265
doors, heat-absorbing or heat-reflective glazed and coated window 1,266
and door systems, additional glazing, reductions in glass area, 1,267
and other window and door system modifications that reduce energy 1,268
consumption; 1,269
(3) Automatic energy control systems; 1,271
(4) Heating, ventilating, or air conditioning system 1,273
modifications or replacements; 1,274
(5) Caulking and weatherstripping; 1,276
(6) Replacement or modification of lighting fixtures to 1,278
increase the energy efficiency of the system without increasing 1,279
28
the overall illumination of a facility, unless such an increase 1,280
in illumination is necessary to conform to the applicable state 1,281
or local building code for the proposed lighting system; 1,282
(7) Energy recovery systems; 1,284
(8) Cogeneration systems that produce steam or forms of 1,286
energy such as heat, as well as electricity, for use primarily 1,287
within a building or complex of buildings; 1,288
(9) Any other modification, installation, or remodeling 1,290
approved by the board of township trustees as an energy 1,291
conservation measure. 1,292
(B) For the purpose of evaluating township buildings for 1,294
energy conservation measures, a township may contract with an 1,295
architect, professional engineer, energy services company, 1,296
contractor, or other person experienced in the design and 1,297
implementation of energy conservation measures for a report that 1,298
analyzes the buildings' energy needs and presents recommendations 1,299
for building installations, modifications of existing 1,300
installations, or building remodeling that would significantly 1,301
reduce energy consumption in the buildings owned by that 1,302
township. The report shall include estimates of all costs of 1,303
such THE installations, modifications, or remodeling, including 1,304
costs of design, engineering, installation, maintenance, and 1,306
repairs, and estimates of the amounts by which energy consumption 1,307
could be reduced. 1,308
(C) A township desiring to implement energy conservation 1,310
measures may proceed under either of the following methods: 1,311
(1) Using a report or any part of a report prepared under 1,313
division (B) of this section, advertise for bids and comply with 1,314
the bidding procedures set forth in sections 307.86 to 307.92 of 1,315
the Revised Code; 1,316
(2) Request proposals from at least three vendors for the 1,318
implementation of energy conservation measures. Prior to sending 1,319
any installer of energy conservation measures a copy of any such 1,320
request, the township shall advertise its intent to request 1,321
29
proposals for the installation of energy conservation measures in 1,322
a newspaper of general circulation in the township once a week 1,323
for two consecutive weeks. The notice shall state that the 1,324
township intends to request proposals for the installation of 1,325
energy conservation measures; indicate the date, which shall be 1,326
at least ten days after the second publication, on which the 1,327
request for proposals will be mailed to installers of energy 1,328
conservation measures; and state that any installer of energy 1,329
conservation measures interested in receiving the request for 1,330
proposal shall submit written notice to the township not later 1,331
than noon of the day on which the request for proposal will be 1,332
mailed. 1,333
Upon receiving the proposals the township shall analyze 1,335
them and select the proposal or proposals most likely to result 1,336
in the greatest energy savings considering the cost of the 1,337
project and the township's ability to pay for the improvements 1,338
with current revenues or by financing the improvements. The 1,339
awarding of a contract to install energy conservation measures 1,340
under division (C)(2) of this section shall be conditioned upon a 1,341
finding by the township that the amount of money spent on energy 1,342
savings measures is not likely to exceed the amount of money the 1,343
township would save in energy and operating costs over ten years 1,344
or a lesser period as determined by the township or, in the case 1,345
of contracts for cogeneration systems, over five years or a 1,346
lesser period as determined by the township. Nothing in this 1,347
section prohibits a township from rejecting all proposals or from 1,348
selecting more than one proposal. 1,349
(D) A board of township trustees may enter into an 1,351
installment payment contract for the purchase and installation of 1,352
energy conservation measures. Those ANY provisions of such THOSE 1,354
installment payment contracts that deal with interest charges and 1,355
financing terms shall not be subject to the competitive bidding 1,356
procedures of section 307.86 of the Revised Code, and shall be on 1,357
the following terms: 1,358
30
(1) Not less than one-tenth of the costs of the contract 1,360
shall be paid within two years from the date of purchase. 1,361
(2) The remaining balance of the costs of the contract 1,363
shall be paid within ten years from the date of purchase or, in 1,364
the case of contracts for cogeneration systems, within five years 1,365
from the date of purchase. UNLESS 1,366
Unless otherwise approved by a resolution of the board, an 1,368
installment payment contract entered into by a board of township 1,369
trustees under this section shall require the board to contract 1,370
in accordance with the procedures set forth in section 307.86 of 1,371
the Revised Code for the installation, modification, or 1,372
remodeling of energy conservation measures pursuant to this 1,373
section. 1,374
(E) The board may issue the notes SECURITIES of the 1,376
township specifying the terms of the purchase and securing the 1,377
deferred payments provided in this section, payable at the times 1,378
provided and bearing interest at a rate not exceeding the rate 1,379
determined as provided in section 9.95 of the Revised Code. THE 1,381
MAXIMUM MATURITY OF THE SECURITIES SHALL BE AS PROVIDED IN
DIVISION (B)(6)(g) OF SECTION 133.20 OF THE REVISED CODE. The 1,383
notes SECURITIES may contain an option for prepayment and shall 1,384
not be subject to Chapter 133. of the Revised Code. Revenues 1,385
derived from local taxes or otherwise, for the purpose of 1,386
conserving energy or for defraying the current operating expenses 1,387
of the township, may be applied to the payment of interest and 1,388
the retirement of such notes THE SECURITIES. The notes 1,389
SECURITIES may be sold at private sale or given to the contractor 1,391
under the installment payment contract authorized by division (D) 1,392
of this section.
(F) Debt incurred under this section shall not be included 1,394
in the calculation of the net indebtedness of a township under 1,395
section 133.09 of the Revised Code. 1,396
Sec. 505.37. (A) The board of township trustees may 1,405
establish all necessary rules to guard against the occurrence of 1,406
31
fires and to protect the property and lives of the citizens 1,407
against damage and accidents, and may, with the approval of the 1,408
specifications by the prosecuting attorney, purchase or otherwise 1,409
provide any fire apparatus, mechanical resuscitators, or other 1,410
equipment, appliances, materials, fire hydrants, and water supply 1,411
for fire-fighting purposes that seems advisable to the board. The 1,413
board shall provide for the care and maintenance of fire
equipment, and, for such THESE purposes, may purchase, lease, or 1,414
construct and maintain necessary buildings, and it may establish 1,415
and maintain lines of fire-alarm communications within the limits 1,416
of the township. The board may employ one or more persons to 1,417
maintain and operate fire-fighting equipment, or it may enter 1,418
into an agreement with a volunteer fire company for the use and 1,419
operation of fire-fighting equipment. The board may compensate 1,420
the members of a volunteer fire company on any basis and in any 1,421
amount that it considers equitable. 1,422
(B) The boards of township trustees of any two or more 1,424
townships, or the legislative authorities of any two or more 1,425
political subdivisions, or any combination thereof, may, through 1,426
joint action, unite in the joint purchase, maintenance, use, and 1,427
operation of fire-fighting equipment, or for any other purpose 1,428
designated in sections 505.37 to 505.42 of the Revised Code, and 1,429
may prorate the expense of the joint action on any terms that are 1,430
mutually agreed upon. 1,431
(C) The board of township trustees of any township may, by 1,433
resolution, whenever it is expedient and necessary to guard 1,434
against the occurrence of fires or to protect the property and 1,435
lives of the citizens against damages resulting from their 1,436
occurrence, create a fire district of any portions of the 1,437
township that it considers necessary. The board may purchase or 1,438
otherwise provide any fire apparatus, appliances, materials, fire 1,439
hydrants, and water supply for fire-fighting purposes, or may 1,440
contract for the fire protection for the fire district as 1,441
provided in section 9.60 of the Revised Code. The fire district 1,442
32
so created shall be given a separate name by which it shall be 1,443
known. 1,444
Additional unincorporated territory of the township may be 1,446
added to a fire district upon the board's adoption of a 1,447
resolution authorizing the addition. A municipal corporation 1,448
that is within or adjoining the township may be added to a fire 1,449
district upon the board's adoption of a resolution authorizing 1,450
the addition and the municipal legislative authority's adoption 1,451
of a resolution or ordinance requesting the addition of the 1,452
municipal corporation to the fire district. 1,453
If the township fire district imposes a tax, additional 1,455
unincorporated territory of the township or a municipal 1,456
corporation that is within or adjoining the township shall become 1,457
part of the fire district only after all of the following have 1,458
occurred: 1,459
(1) Adoption by the board of township trustees of a 1,461
resolution approving the expansion of the territorial limits of 1,462
the district and, if the resolution proposes to add a municipal 1,463
corporation, adoption by the municipal legislative authority of a 1,464
resolution or ordinance requesting the addition of the municipal 1,465
corporation to the district; 1,466
(2) Adoption by the board of township trustees of a 1,468
resolution recommending the extension of the tax to the 1,469
additional territory; 1,470
(3) Approval of the tax by the electors of the territory 1,472
proposed for addition to the district. 1,473
Each resolution of the board adopted under division (C)(2) 1,475
of this section shall state the name of the fire district, a 1,476
description of the territory to be added, and the rate and 1,477
termination date of the tax, which shall be the rate and 1,478
termination date of the tax currently in effect in the fire 1,479
district. 1,480
The board of trustees shall certify each resolution adopted 1,482
under division (C)(2) of this section to the board of elections 1,483
33
in accordance with section 5705.19 of the Revised Code. The 1,484
election required under division (C)(3) of this section shall be 1,485
held, canvassed, and certified in the manner provided for the 1,486
submission of tax levies under section 5705.25 of the Revised 1,487
Code, except that the question appearing on the ballot shall 1,488
read: 1,489
"Shall the territory within ........................ 1,492
(description of the proposed territory to be added) 1,492
be added to ..................................... fire district, 1,495
(name) 1,495
and a property tax at a rate of taxation not exceeding ...... 1,497
(here insert tax rate) be in effect for .......... (here insert 1,498
the number of years the tax is to be in effect or "a continuing 1,499
period of time," as applicable)?" 1,500
If the question is approved by at least a majority of the 1,502
electors voting on it, the joinder shall be effective as of the 1,503
first day of July of the year following approval, and on that 1,504
date, the township fire district tax shall be extended to the 1,505
taxable property within the territory that has been added. If 1,506
the territory that has been added is a municipal corporation and 1,507
if it had adopted a tax levy for fire purposes, the levy is 1,508
terminated on the effective date of the joinder. 1,509
Any municipal corporation may withdraw from a township fire 1,511
district created under division (C) of this section by the 1,512
adoption by the municipal legislative authority of a resolution 1,513
or ordinance ordering withdrawal. On the first day of July of 1,514
the year following the adoption of the resolution or ordinance of 1,515
withdrawal, the municipal corporation withdrawing ceases to be a 1,516
part of such THE district, and the power of the fire district to 1,518
levy a tax upon taxable property in the withdrawing municipal 1,519
corporation terminates, except that the fire district shall 1,520
continue to levy and collect taxes for the payment of 1,521
indebtedness within the territory of the fire district as it was 1,522
composed at the time the indebtedness was incurred. 1,523
34
Upon the withdrawal of any municipal corporation from a 1,525
township fire district created under division (C) of this 1,526
section, the county auditor shall ascertain, apportion, and order 1,527
a division of the funds on hand, moneys and taxes in the process 1,528
of collection except for taxes levied for the payment of 1,529
indebtedness, credits, and real and personal property, either in 1,530
money or in kind, on the basis of the valuation of the respective 1,531
tax duplicates of the withdrawing municipal corporation and the 1,532
remaining territory of the fire district. 1,533
A board of township trustees may remove unincorporated 1,535
territory of the township from the fire district upon the 1,536
adoption of a resolution authorizing the removal. On the first 1,537
day of July of the year following the adoption of such a THE 1,538
resolution, the unincorporated township territory described in 1,539
the resolution ceases to be a part of such THE district, and the 1,541
power of the fire district to levy a tax upon taxable property in 1,542
that territory terminates, except that the fire district shall 1,543
continue to levy and collect taxes for the payment of 1,544
indebtedness within the territory of the fire district as it was 1,545
composed at the time the indebtedness was incurred. 1,546
(D) The board of township trustees of any township, the 1,548
board of fire district trustees of a fire district created under 1,549
section 505.371 of the Revised Code, or the legislative authority 1,550
of any municipal corporation may purchase the necessary 1,551
fire-fighting equipment, buildings, and sites for the township, 1,552
fire district, or municipal corporation and pay for it over a 1,553
period of nine years ISSUE SECURITIES FOR THAT PURPOSE WITH 1,554
MAXIMUM MATURITIES AS PROVIDED IN SECTION 133.20 OF THE REVISED 1,556
CODE. The board of township trustees, board of fire district 1,557
trustees, or legislative authority may also construct any 1,558
buildings necessary to house fire-fighting equipment and pay for 1,559
the buildings over a period of nine years ISSUE SECURITIES FOR 1,560
THAT PURPOSE WITH MAXIMUM MATURITIES AS PROVIDED IN SECTION 1,561
133.20 OF THE REVISED CODE. The board of township trustees, 1,562
35
board of fire district trustees, or legislative authority may 1,563
issue the notes SECURITIES of the township, fire district, or 1,565
municipal corporation, signed by the board or designated officer 1,566
of the municipal corporation and attested by the signature of the 1,567
township, fire district, or municipal clerk, covering such ANY 1,568
deferred payments and payable at the times provided, which notes 1,569
SECURITIES shall bear interest not to exceed the rate determined 1,571
as provided in section 9.95 of the Revised Code, and shall not be 1,572
subject to Chapter 133. of the Revised Code. The legislation 1,573
authorizing the issuance of the notes SECURITIES shall provide 1,574
for levying and collecting annually by taxation, amounts 1,575
sufficient to pay the interest on and principal of the notes. At 1,576
least one-ninth of the purchase price or construction cost shall 1,577
be paid in cash at the time of purchase as provided in the 1,578
contract and the remainder of the purchase price or construction 1,579
cost shall be paid in not more than eight equal annual 1,580
installments. Each installment shall be not less than one-eighth 1,581
of the deferred portion of the purchase price or construction 1,582
cost and shall be secured by a note which may contain a clause 1,583
permitting prepayment at the option of the board or legislative 1,584
authority SECURITIES. The notes SECURITIES shall be offered for 1,586
sale on the open market or given to the vendor or contractor if 1,587
no sale is made.
(E) A board of township trustees of any township or a 1,589
board of fire district trustees of a fire district created under 1,590
section 505.371 of the Revised Code may purchase a policy or 1,591
policies of liability insurance for the officers, employees, and 1,592
appointees of the fire department, fire district, or joint fire 1,593
district governed by the board that includes personal injury 1,594
liability coverage as to the civil liability of such THOSE 1,595
officers, employees, and appointees for false arrest, detention, 1,597
or imprisonment, malicious prosecution, libel, slander, 1,598
defamation or other violation of the right of privacy, wrongful 1,599
entry or eviction, or other invasion of the right of private 1,600
36
occupancy, arising out of the performance of their duties. 1,601
When a board of township trustees cannot, by deed of gift 1,603
or by purchase and upon terms it considers reasonable, procure 1,604
land for a township fire station that is needed in order to 1,605
respond in reasonable time to a fire or medical emergency, the 1,606
board may appropriate such land for that purpose under sections 1,607
163.01 to 163.22 of the Revised Code. If it is necessary to 1,608
acquire additional adjacent land for enlarging or improving the 1,609
fire station, the board may purchase, appropriate, or accept a 1,610
deed of gift for the land for these purposes. 1,611
(F) As used in this division, "emergency medical service 1,613
organization" has the same meaning as in section 4766.01 of the 1,614
Revised Code. 1,615
A board of township trustees, by adoption of an appropriate 1,617
resolution, may choose to have the Ohio ambulance licensing board 1,618
license any emergency medical service it operates. If the board 1,619
adopts such a resolution, Chapter 4766. of the Revised Code, 1,620
except for sections 4766.06 and 4766.99 of the Revised Code, 1,621
applies to the organization. All rules adopted under the 1,623
applicable sections of that chapter also apply to the 1,624
organization. A board of township trustees, by adoption of an 1,625
appropriate resolution, may remove its emergency medical service 1,626
organization from the jurisdiction of the Ohio ambulance 1,627
licensing board.
Sec. 505.701. The board of trustees of any township, 1,636
through unanimous vote of its membership, may designate, 1,637
participate in, and cooperate with any community improvement 1,638
corporation organized under Chapter 1724. of the Revised Code, 1,639
and may give financial or other assistance, including any fees
generated by the corporation, to such a THAT corporation to 1,641
defray its administrative expenses. Any moneys contributed by 1,643
the board for this purpose shall be drawn from the general fund 1,644
of the township not otherwise appropriated.
IN ADDITION, THE BOARD MAY PURCHASE REAL PROPERTY FOR THE 1,647
37
PURPOSE OF TRANSFERRING THAT PROPERTY TO THE COMMUNITY
IMPROVEMENT CORPORATION. IN ORDER TO FINANCE THE PURCHASE OF 1,648
THAT REAL PROPERTY, THE BOARD MAY ISSUE GENERAL OBLIGATION BONDS 1,650
OF THE TOWNSHIP IN ACCORDANCE WITH CHAPTER 133. OF THE REVISED 1,653
CODE, FOR WHICH THE FULL FAITH AND CREDIT OF THE TOWNSHIP SHALL 1,654
BE PLEDGED.
Sec. 709.50. (A) Notwithstanding any other section of the 1,663
Revised Code, when a township contains at least ninety per cent 1,664
of the geographic area of a municipal corporation, either that 1,665
township or the municipal corporation may remove that part of 1,666
that township that is located within the municipal corporation 1,667
from that township if all of the following apply: 1,668
(1) The electors of the township and the municipal 1,670
corporation have voted to approve the establishment of a merger 1,671
commission pursuant to section 709.45 of the Revised Code. 1,672
(2) The unincorporated territory of the township has a 1,674
population of more than nine thousand. 1,675
(3) The township has previously adopted the A limited 1,677
self-government form of township HOME RULE government under 1,678
Chapter 504. of the Revised Code and a township zoning resolution 1,679
under Chapter 519. of the Revised Code. 1,681
(4) Not later than December 31, 1994, either the township 1,683
adopts a resolution or the municipal corporation adopts a 1,684
resolution or ordinance to remove that part of the township that 1,685
is located in the municipal corporation from the township. Any 1,686
resolution or ordinance adopted under division (A)(4) of this 1,687
section shall include an accurate description of the land to be 1,688
removed. The political subdivision that adopts an ordinance or 1,689
resolution under division (A)(4) of this section shall file with 1,690
the county recorder a copy of it certified by the county auditor, 1,691
together with a map or plat certified by the county auditor of 1,692
the land to be removed. The county recorder shall record the 1,693
ordinance or resolution and the map or plat. 1,694
(B) If either the township or the municipal corporation 1,696
38
takes the action described in division (A)(4) of this section, 1,697
the removal shall occur. After the removal, the unincorporated 1,698
territory of the township shall no longer receive any revenue by 1,699
virtue of its relationship to the municipal corporation. As soon 1,700
as practicable after a removal occurs under this section, the 1,701
board of county commissioners shall ascertain whether there is 1,702
any joint indebtedness of the unincorporated territory of the 1,703
township and the municipal corporation. If there is any such 1,704
indebtedness, the board of county commissioners shall apportion 1,705
it in accordance with section 503.10 of the Revised Code. 1,706
(C)(1) If a removal occurs under this section, all or part 1,708
of the unincorporated territory of the township may become a 1,709
village if the board of township trustees adopts, by unanimous 1,710
vote, a resolution for all or part of that territory to become a 1,711
village. The board of township trustees shall file with the 1,712
county recorder a copy of any resolution it adopts under division 1,713
(C)(1) of this section certified by the county auditor, together 1,714
with a map or plat certified by the county auditor of the land to 1,715
be included in the village. The county recorder shall record the 1,716
resolution and the map or plat. Once the board adopts a 1,717
resolution under division (C)(1) of this section, no land within 1,718
the area that will constitute the village may be annexed, and any 1,719
pending annexation proceeding that includes land in that area 1,720
shall be considered to be terminated with regard to that land. 1,721
(2) If the board does not adopt a resolution under 1,723
division (C)(1) of this section, or if the board adopts such a 1,724
resolution in which only a part of the unincorporated territory 1,725
becomes a village, the board of county commissioners shall attach 1,726
all the unincorporated territory that does not become a village 1,727
to any township contiguous to that territory or erect that 1,728
territory into a new township, the boundaries of which need not 1,729
include twenty-two square miles of territory. 1,730
(D) If a board of township trustees adopts a resolution 1,732
under division (C)(1) of this section for all or part of the 1,733
39
township's unincorporated territory to become a village, the 1,734
board shall serve as the legislative authority of the area 1,735
constituting the village until the next regular municipal 1,736
election that occurs at least seventy-five days after the 1,737
adoption of the resolution. At that election, the legislative 1,738
authority of the village shall be elected under section 731.09 of 1,739
the Revised Code and all other officers of the village shall be 1,740
elected under Chapter 733. of the Revised Code. 1,741
Sec. 711.05. (A) Upon the submission of a plat for 1,750
approval, in accordance with section 711.041 of the Revised Code, 1,751
the board of county commissioners shall certify thereon ON IT the 1,752
date of the submission. Within five days of submission of the 1,754
plat, the board shall schedule a meeting to consider the plat and 1,755
send a written notice by certified REGULAR mail, return receipt 1,756
requested, to the clerk of the board of township trustees of the 1,758
township in which the plat is located. The notice shall inform 1,759
the trustees of the submission of the plat and of the date, time, 1,760
and location of any meeting at which the board of county 1,761
commissioners will consider or act upon the proposed plat. The 1,762
meeting shall take place within thirty days of submission of the 1,763
plat, and no meeting shall be held until at least seven days have 1,764
passed from the date the notice was sent by the board of county 1,765
commissioners. The approval of the board required by section 1,766
711.041 of the Revised Code or the refusal to approve shall take 1,767
place within thirty days from the date of submission or such 1,768
further time as the applying party may agree to in writing; 1,769
otherwise the plat is deemed approved and may be recorded as if 1,770
bearing such approval. The 1,771
(B) THE board may adopt general rules governing plats and 1,774
subdivisions of land falling within its jurisdiction, to secure 1,775
and provide for the coordination of the streets within the 1,776
subdivision with existing streets and roads or with existing 1,777
county highways, for the proper amount of open spaces for 1,778
traffic, circulation, and utilities, and for the avoidance of 1,779
40
future congestion of population detrimental to the public health, 1,780
safety, or welfare but shall not impose a greater minimum lot 1,781
area than forty-eight hundred square feet. The BEFORE THE BOARD 1,782
MAY AMEND OR ADOPT RULES, IT SHALL NOTIFY ALL THE TOWNSHIPS IN 1,783
THE COUNTY OF THE PROPOSED AMENDMENTS OR RULES BY REGULAR MAIL AT 1,784
LEAST THIRTY DAYS BEFORE THE PUBLIC MEETING AT WHICH THE PROPOSED 1,785
AMENDMENTS OR RULES ARE TO BE CONSIDERED. 1,786
THE rules may require the county department of health to 1,789
review and comment on a plat before the board of county 1,790
commissioners acts upon it and may also require proof of 1,791
compliance with any applicable zoning resolutions as a basis for 1,793
approval of a plat. Where under the provisions of section 1,794
711.101 of the Revised Code the board of county commissioners has 1,795
set up standards and specifications for the construction of 1,796
streets, utilities, and other improvements for common use, such 1,797
general rules may require the submission of appropriate plans and 1,798
specifications for approval. The board shall not require the 1,799
person submitting the plat to alter the plat or any part of it as 1,800
a condition for approval, as long as the plat is in accordance 1,801
with general rules governing plats and subdivisions of land, 1,802
adopted by the board as provided in this section, in effect at 1,803
the time the plat was submitted and the plat is in accordance 1,804
with any standards and specifications set up under section 1,805
711.101 of the Revised Code, in effect at the time the plat was 1,806
submitted. The
(C) THE ground of refusal to approve any plat, submitted 1,810
in accordance with section 711.041 of the Revised Code, shall be 1,811
stated upon the record of the board, and, within sixty days 1,812
thereafter, the person submitting any plat which THAT the board 1,813
refuses to approve may file a petition in the court of common 1,815
pleas of the county in which the land described in the plat is 1,816
situated to review the action of such THE board. A board of 1,818
township trustees is not entitled to appeal a decision of the 1,819
board of county commissioners under this section.
41
Sec. 711.10. Whenever a county planning commission or a 1,828
regional planning commission adopts a plan for the major streets 1,829
or highways of the county or region, then no plat of a 1,830
subdivision of land within the county or region, other than land 1,831
within a municipal corporation or land within three miles of a 1,832
city or one and one-half miles of a village as provided in 1,833
section 711.09 of the Revised Code, shall be recorded until it is 1,834
approved by the county or regional planning commission and the 1,835
approval is endorsed in writing on the plat. Within five days 1,836
after the submission of a plat for approval, the county or 1,838
regional planning commission shall schedule a meeting to consider 1,839
the plat and send a written notice by certified REGULAR mail, 1,840
return receipt requested, to the clerk of the board of township 1,842
trustees of the township in which a proposed plat is located. 1,843
The notice shall inform the trustees of the submission of the 1,844
proposed plat and of the date, time, and location of any meeting 1,845
at which the county or regional planning commission will consider 1,846
or act upon the proposed plat. The meeting shall take place 1,847
within thirty days after submission of the plat, and no meeting 1,848
shall be held until at least seven days have passed from the date 1,850
the notice was sent by the planning commission. The approval of 1,851
the planning commission or the refusal to approve shall be 1,852
endorsed on the plat within thirty days after the submission of 1,853
the plat for approval, or within such further time as the 1,854
applying party may agree to in writing; otherwise that plat is 1,855
deemed approved, and the certificate of the planning commission 1,856
as to the date of the submission of the plat for approval and the 1,857
failure to take action on it within that time shall be sufficient 1,859
in lieu of the written endorsement or evidence of approval 1,860
required by this section. A county or regional planning 1,861
commission shall not require a person submitting the plat to 1,862
alter the plat or any part of it as a condition for approval, as 1,863
long as the plat is in accordance with the general rules 1,864
governing plats and subdivisions of land, adopted by the 1,865
42
commission as provided in this section, in effect at the time the 1,866
plat was submitted. The ground of refusal of approval of any 1,867
plat submitted, including citation of or reference to the rule 1,868
violated by the plat, shall be stated upon the record of the 1,869
commission. Within sixty days after the refusal, the person 1,870
submitting any plat which the county or regional planning 1,872
commission refuses to approve may file a petition in the court of 1,873
common pleas of the proper county and the proceedings on the 1,874
petition shall be governed by section 711.09 of the Revised Code 1,876
as in the case of the refusal of a planning authority to approve 1,877
a plat. A board of township trustees is not entitled to appeal a 1,878
decision of the county or regional planning commission under this 1,879
section.
Any such county or regional planning commission shall adopt 1,881
general rules, of uniform application, governing plats and 1,882
subdivisions of land falling within its jurisdiction, to secure 1,883
and provide for the proper arrangement of streets or other 1,884
highways in relation to existing or planned streets or highways 1,885
or to the county or regional plan, for adequate and convenient 1,886
open spaces for traffic, utilities, access of fire-fighting 1,887
apparatus, recreation, light, and air, and for the avoidance of 1,888
congestion of population. The rules may provide for their 1,889
modification by the county or regional planning commission in 1,891
specific cases where unusual topographical and other exceptional 1,892
conditions require the modification. The rules may require the 1,893
county department of health to review and comment on a plat 1,894
before the county or regional planning commission acts upon it 1,895
and may also require proof of compliance with any applicable 1,896
zoning resolutions as a basis for approval of a plat. 1,897
Before adoption of its rules or amendment of its rules, a 1,900
public hearing shall be held on the adoption or amendment by the 1,902
commission. However, no county or regional planning commission 1,903
shall adopt any rules requiring actual construction of streets or 1,904
other improvements or facilities or assurance of that 1,905
43
construction as a condition precedent to the approval of a plat 1,906
of a subdivision unless the requirements have first been adopted 1,907
by the board of county commissioners after a public hearing. A 1,909
copy of the rules shall be certified by the planning commission 1,910
to the county recorders of the appropriate counties. After a 1,911
county or regional street or highway plan has been adopted as 1,912
provided in this section, the approval of plats and subdivisions 1,913
provided for in this section shall be in lieu of any approvals 1,914
provided for in other sections of the Revised Code, so far as the 1,915
territory within the approving jurisdiction of the county or 1,916
regional planning commission, as provided in this section, is 1,917
concerned. Approval of a plat shall not be an acceptance by the 1,918
public of the dedication of any street, highway, or other way or 1,919
open space shown upon the plat. Any such county or regional 1,920
planning commission and a city or village planning commission, or 1,921
platting commissioner or legislative authority of a village, with 1,922
subdivision regulation jurisdiction over unincorporated territory 1,923
within the county or region may cooperate and agree by written 1,924
agreement that the approval of a plat by the city or village 1,925
planning commission, or platting commissioner or legislative 1,926
authority of a village, as provided in section 711.09 of the 1,927
Revised Code, shall be conditioned upon receiving advice from or 1,928
approval by the county or regional planning commission. 1,929
Sec. 713.22. (A) The board of county commissioners of any 1,938
county may, and on petition of the planning commissions of a 1,939
majority of the municipal corporations in the county having such 1,940
planning commission COMMISSIONS shall, provide for the 1,941
organization and maintenance of a county planning commission. 1,943
Such A county planning commission shall consist of eight citizens 1,944
of the county MEMBERS appointed by the board, together with the 1,945
members of the board. If the population of any city in the 1,946
county exceeds fifty per cent of the total population of the 1,947
county, then at least three of the appointive members shall be 1,948
selected from persons nominated by the planning commission of 1,949
44
such THAT city. The OTHERWISE, THREE MEMBERS SHALL BE APPOINTED 1,950
FROM MUNICIPAL CORPORATIONS WITHIN THE COUNTY. THE BOARD SHALL 1,951
APPOINT THREE MEMBERS FROM THE UNINCORPORATED AREA OF THE COUNTY 1,953
FROM PERSONS NOMINATED BY THE TOWNSHIPS TO THE COUNTY. IF THE 1,954
COUNTY CONTAINS ONE OR MORE LIMITED HOME RULE GOVERNMENT 1,955
TOWNSHIPS, THEN AT LEAST ONE OF THESE THREE TOWNSHIP APPOINTEES 1,956
SHALL BE FROM THE NOMINEES OF A LIMITED HOME RULE GOVERNMENT 1,957
TOWNSHIP. THE REMAINING TWO APPOINTEES SHALL BE SELECTED AT THE 1,958
DISCRETION OF THE BOARD AND SHALL BE CITIZENS OF THE COUNTY, ONE 1,959
RESIDING IN THE UNINCORPORATED AREA OF THE COUNTY AND 1,960
REPRESENTING TOWNSHIPS AND THE OTHER RESIDING IN THE INCORPORATED 1,961
AREA OF THE COUNTY AND REPRESENTING MUNICIPAL CORPORATIONS IN THE 1,962
COUNTY.
THE appointive members shall be appointed for terms of 1,965
three years, except that of the eight members first appointed 1,966
three shall be appointed for terms of two years and two shall be 1,967
appointed for a term of one year. The members shall serve 1,968
without pay. Any member of a county planning commission may hold 1,969
any other public office and may serve as a member of a city, 1,970
village, and regional planning commission, except as otherwise 1,971
provided in the charter of any city or village. 1,972
(B) THE EXPENSES OF THE APPOINTED MEMBERS OF THE COUNTY 1,974
PLANNING COMMISSION AND THE COMPENSATION OF PLANNING COMMISSION 1,975
EMPLOYEES SHALL BE PAID FROM APPROPRIATIONS MADE BY THE BOARD. 1,977
The county planning commission may employ engineers, 1,979
accountants, consultants, and employees as are necessary, and 1,980
make such purchases as may be needed to the furtherance of its 1,981
operation. 1,982
The county planning commission may accept, receive, and 1,984
expend funds, grants, and services from the federal government or 1,985
its agencies, from departments, agencies, and instrumentalities 1,986
of this state or any adjoining state or from one or more counties 1,987
of this state or any adjoining state or from any municipal 1,988
corporation or political subdivision of this or any adjoining 1,989
45
state, including county, regional, and municipal planning 1,990
commission of this or any adjoining state, or from civic sources, 1,991
and contract with respect thereto, either separately or jointly 1,992
or cooperatively, and provide such information and reports as may 1,993
be necessary to secure such financial aid. 1,994
The compensation of such employees and the expenses of the 1,996
appointive members of the county planning commission shall be 1,997
paid from appropriations made by the board. 1,998
(C) A COUNTY PLANNING COMMISSION MAY ADOPT A POLICY UNDER 2,001
WHICH MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS, AS MEMBERS OF 2,002
THAT COMMISSION, MUST ABSTAIN FROM PARTICIPATING AND VOTING ON 2,003
THE COMMISSION'S RECOMMENDATION, WHENEVER A COUNTY PLANNING 2,004
COMMISSION IS REQUIRED BY SECTION 303.12 OF THE REVISED CODE TO 2,006
RECOMMEND THE APPROVAL OR DENIAL OF A PROPOSED AMENDMENT OR 2,007
APPROVAL OF SOME MODIFICATION OF AN AMENDMENT TO THE COUNTY 2,008
ZONING RESOLUTION, OR REQUIRED BY SECTION 303.07 OF THE REVISED 2,011
CODE TO APPROVE OR DISAPPROVE, OR MAKE SUGGESTIONS ABOUT, A
PROPOSED COUNTY ZONING RESOLUTION. THE POLICY MAY REQUIRE THAT A 2,013
QUORUM OF THE COMMISSION UNDER THOSE CIRCUMSTANCES BE DETERMINED 2,014
ON THE BASIS OF A FIVE-MEMBER COMMISSION INSTEAD OF AN 2,015
EIGHT-MEMBER COMMISSION. 2,016
Sec. 1901.026. (A) The current operating costs of a 2,025
municipal court, other than a county-operated municipal court, 2,026
that has territorial jurisdiction under section 1901.02 or 2,027
1901.182 of the Revised Code that extends beyond the corporate 2,028
limits of the municipal corporation in which the court is located 2,029
shall be apportioned pursuant to this section among all of the 2,030
municipal corporations and townships that are within the 2,031
territory of the court. Each municipal corporation and each 2,032
township within the territory of the municipal court shall be 2,033
assigned a proportionate share of the current operating costs of 2,034
the municipal court that is equal to the percentage of the total 2,035
criminal and civil caseload of the municipal court that arose in 2,036
that municipal corporation or township. Each municipal 2,037
46
corporation and each township then shall be liable for its 2,038
assigned proportionate share of the current operating costs of 2,039
the court, subject to division (B) of this section. 2,040
For purposes of this section, the criminal and civil 2,042
caseload that arose in a municipal corporation or township is the 2,043
total number of criminal cases filed in the municipal court 2,044
during the preceding calendar year that arose out of offenses 2,045
that occurred in the municipal corporation or township and the 2,046
total number of civil cases filed in the municipal court during 2,047
the preceding calendar year in which the address of the majority 2,048
of the defendants that are designated in the caption of the case 2,049
and that have addresses within municipal corporations or 2,050
townships within the territory of the court is within the 2,051
municipal corporation or township or, if there is no majority of 2,052
such defendants, in which the address of the first such defendant 2,053
is within the municipal corporation or township. 2,054
(B) A municipal corporation or township within the 2,056
territory of a municipal court is not required to pay that part 2,057
of its proportionate share of the current operating costs of the 2,058
court, as determined in accordance with division (A) of this 2,059
section, that exceeds the total amount of costs, fees, fines, 2,060
bail, or other moneys that was disbursed by the clerk of the 2,061
court under division (F) of section 1901.31 of the Revised Code, 2,062
to the municipal corporation or township during the period for 2,063
which its proportionate share of the current operating costs was 2,064
determined. The municipal corporation in which the court is 2,065
located is liable, in addition to its proportionate share, for 2,066
any part of the proportionate share of a municipal corporation or 2,067
township that the municipal corporation or township is not 2,068
required to pay under this division. 2,069
(C) The auditors or chief fiscal officers of each of the 2,071
municipal corporations and townships within the territory of a 2,072
municipal court for which the current operating costs are 2,073
apportioned under this section shall meet not less than once each 2,074
47
six months at the office of the auditor or chief fiscal officer 2,075
of the municipal corporation in which the court is located to 2,076
determine the proportionate share due from each municipal 2,077
corporation and each township, to determine whether any municipal 2,078
corporation or township is not required to pay any part of its 2,079
proportionate share under division (B) of this section, and to 2,080
adjust accounts. The meetings shall be held at the direction of 2,081
the auditor or chief fiscal officer of the municipal corporation 2,082
in which the court is located, and he shall preside at the 2,083
meetings. The proportionate share of each of the municipal 2,084
corporations and townships, as reduced or increased in accordance 2,085
with division (B) of this section, is payable from the general 2,086
fund of the municipal corporation or township or from any other 2,087
fund designated or funds appropriated for the purpose of paying 2,088
the particular municipal corporation's or township's 2,089
proportionate share of the current operating costs of the court. 2,090
The court of common pleas of the county in which a 2,092
municipal court for which the current operating costs are 2,093
apportioned under this section is located has jurisdiction over 2,094
any civil action that is commenced to determine the current 2,095
operating costs of the court, the proportionate share of the 2,096
current operating costs to be paid by a particular municipal 2,097
corporation or township within the territory of the court, or 2,098
whether a municipal corporation or township is not required to 2,099
pay any part of its proportionate share under division (B) of 2,100
this section. 2,101
(D) For purposes of this section: 2,103
(1) "Operating costs" means the figure that is derived by 2,105
subtracting the total of all costs that are collected and paid to 2,106
the city treasury by the clerk of the municipal court pursuant to 2,107
division (F) of section 1901.31 of the Revised Code and all 2,108
interest received and paid to the city treasury in relation to 2,109
the costs pursuant to division (G) of section 1901.31 of the 2,110
Revised Code from the total of the amounts payable from the city 2,111
48
treasury for the operation of the court pursuant to sections 2,112
1901.10, 1901.11, 1901.111, 1901.12, 1901.31, 1901.311, 1901.312, 2,113
1901.32, 1901.33, 1901.331, 1901.36, 1901.37, and 1901.38 of the 2,114
Revised Code, other than any amounts payable from the city 2,115
treasury for the operation of the court involving construction, 2,116
capital improvements, rent, or the provision of heat and light. 2,117
(2) "Township" means a township that has adopted the A 2,119
limited self-government form of HOME RULE government pursuant to 2,120
Chapter 504. of the Revised Code. 2,121
(3) "Criminal caseload" when used in regard to a township 2,123
means cases arising from a violation of a township resolution for 2,124
which a fine is imposed under Chapter 504. of the Revised Code. 2,125
Sec. 2921.421. (A) As used in this section: 2,134
(1) "Chief legal officer" has the same meaning as in 2,136
section 733.621 of the Revised Code. 2,137
(2) "Political subdivision" means a county, a municipal 2,139
corporation, or a township that adopts the A limited 2,140
self-government form of HOME RULE government under Chapter 504. 2,141
of the Revised Code. 2,142
(B) A prosecuting attorney may appoint assistants and 2,144
employees, except a member of the family of the prosecuting 2,145
attorney, in accordance with division (B) of section 309.06 of 2,146
the Revised Code, a chief legal officer of a municipal 2,147
corporation or an official designated as prosecutor in a 2,148
municipal corporation may appoint assistants and employees, 2,149
except a member of the family of the chief legal officer or 2,150
official designated as prosecutor, in accordance with section 2,151
733.621 of the Revised Code, and a township law director 2,152
appointed under section 504.15 of the Revised Code may appoint 2,153
assistants and employees, except a member of the family of the 2,154
township law director, in accordance with section 504.151 of the 2,155
Revised Code, if all of the following apply: 2,156
(1) The services to be furnished by the appointee or 2,158
employee are necessary services for the political subdivision or 2,159
49
are authorized by the legislative authority, governing board, or 2,160
other contracting authority of the political subdivision. 2,161
(2) The treatment accorded the political subdivision is 2,163
either preferential to or the same as that accorded other clients 2,164
or customers of the appointee or employee in similar 2,165
transactions, or the legislative authority, governing board, or 2,166
other contracting authority of the political subdivision, in its 2,167
sole discretion, determines that the compensation and other terms 2,168
of appointment or employment of the appointee or employee are 2,169
fair and reasonable to the political subdivision. 2,170
(3) The appointment or employment is made after prior 2,172
written disclosure to the legislative authority, governing board, 2,173
or other contracting authority of the political subdivision of 2,174
the business relationship between the prosecuting attorney, the 2,175
chief legal officer or official designated as prosecutor in a 2,176
municipal corporation, or the township law director and his THE 2,178
appointee or employee THEREOF. In the case of a municipal
corporation, the disclosure may be made or evidenced in an 2,180
ordinance, resolution, or other document that does either or both 2,181
of the following: 2,182
(a) Authorizes the furnishing of services as required 2,184
under division (B)(1) of this section; 2,185
(b) Determines that the compensation and other terms of 2,187
appointment or employment of the appointee or employee are fair 2,188
and reasonable to the political subdivision as required under 2,189
division (B)(2) of this section. 2,190
(4) The prosecuting attorney, the elected chief legal 2,192
officer, or the township law director does not receive any 2,193
distributive share or other portion, in whole or in part, of the 2,194
earnings of his THE business associate, partner, or employee paid 2,196
by the political subdivision to the business associate, partner, 2,197
or employee for services rendered for the political subdivision. 2,198
(C) It is not a violation of this section or of section 2,200
102.03 or 2921.42 of the Revised Code for the legislative 2,201
50
authority, the governing board, or other contracting authority of 2,202
a political subdivision to engage the services of any firm that 2,203
practices the profession of law upon the terms approved by the 2,204
legislative authority, the governing board, or the contracting 2,205
authority, or to designate any partner, officer, or employee of 2,206
that firm as a nonelected public official or employee of the 2,207
political subdivision, whether the public office or position of 2,208
employment is created by statute, charter, ordinance, resolution, 2,209
or other legislative or administrative action. 2,210
Sec. 3737.46. Upon the request of the fire marshal, the 2,219
fire marshal's authorized representative, or a certified fire 2,220
safety inspector, the attorney general, the legal officer of any 2,221
county or municipal corporation, or the law director of a 2,222
township that has adopted the A limited self-government form of 2,223
township HOME RULE government under Chapter 504. of the Revised 2,224
Code shall bring an action for an injunction, temporary or 2,225
permanent, or any other appropriate proceedings against any 2,227
person violating or threatening to violate any provision of the 2,228
state fire code or any order issued pursuant thereto in the court 2,229
of common pleas in the county where the violation is occurring or 2,230
is threatened to occur.
This section does not expand, and shall not be construed as 2,232
expanding, the authority of the fire marshal, the fire marshal's 2,234
authorized representative, or a certified fire safety inspector
to enforce any requirements that are adopted pursuant to Chapter 2,236
3781. or 3791. of the Revised Code or any rules adopted pursuant 2,237
to section 3781.10 or 3781.11 of the Revised Code. 2,238
Sec. 3767.03. Whenever a nuisance exists, the attorney 2,247
general; the village solicitor, city director of law, or other 2,248
similar chief legal officer of the municipal corporation in which 2,249
the nuisance exists; the prosecuting attorney of the county in 2,250
which the nuisance exists; the law director of a township that 2,252
has adopted the A limited self-government form of HOME RULE 2,254
government under Chapter 504. of the Revised Code; or any person 2,256
51
who is a citizen of the country in which the nuisance exists may 2,257
bring an action in equity in the name of the state, upon the 2,258
relation of the attorney general; the village solicitor, city 2,259
director of law, or other similar chief legal officer of the 2,260
municipal corporation; the prosecuting attorney; the township law 2,261
director; or the person, to abate the nuisance and to perpetually 2,263
enjoin the person maintaining the nuisance from further 2,264
maintaining it. If an action is instituted under this section by 2,266
a person other than the prosecuting attorney; the village 2,267
solicitor, city director of law, or other similar chief legal 2,268
officer of the municipal corporation; the attorney general; or 2,269
the township law director, the complainant shall execute a bond 2,271
in the sum of not less than five hundred dollars, to the
defendant, with good and sufficient surety to be approved by the 2,273
court or clerk of the court, to secure to the defendant any 2,274
damages the defendant may sustain and the reasonable attorney's 2,275
fees the defendant may incur in defending the action if the 2,276
action is wrongfully brought, not prosecuted to final judgment, 2,277
is dismissed, or is not maintained, or if it is finally decided 2,278
that an injunction should not have been granted. If it is finally 2,279
decided that an injunction should not have been granted or if the 2,280
action was wrongfully brought, not prosecuted to final judgment, 2,281
dismissed, or not maintained, the defendant shall have recourse 2,282
against the bond for all damages suffered, including damages to 2,283
the defendant's property, person, or character, and for the 2,284
reasonable attorney's fees incurred by the defendant in defending 2,285
the action.
Any agency, officer, or other person bringing an action 2,287
under this section against the holder of a liquor permit issued 2,289
under Chapter 4303. of the Revised Code shall notify the division 2,290
of liquor control, the liquor control commission, and the liquor 2,291
enforcement division of the department of public safety regarding 2,292
the action at the time of bringing the action.
Sec. 4301.28. (A) Any person aggrieved may appeal to the 2,301
52
liquor control commission from the action of the division of 2,303
liquor control in refusing to issue a permit. 2,304
(B) If the legislative authority of a municipal 2,306
corporation, board of township trustees, or the board of county 2,307
commissioners participated in a hearing conducted under section 2,308
4303.26 of the Revised Code for the transfer of location of a 2,309
class C or D permit, transfer of a class C or D permit, or 2,310
issuance of a class C or D permit or under division (B) of 2,311
section 4303.271 of the Revised Code for the renewal of a class C 2,312
or D permit, the legislative authority or board may appeal to the 2,313
liquor control commission from the order of the division of 2,315
liquor control issuing, transferring, or renewing a permit, or 2,316
transferring a location, or participate or be joined as a party 2,317
in an appeal from an order of the division denying the issuance, 2,320
transfer, or renewal of a permit or the transfer of a location. 2,321
In an appeal on the issuance or the transfer of a location 2,323
of a permit, only the reasons for refusal contained in section 2,324
4303.292 of the Revised Code shall be considered. In an appeal 2,325
on the transfer of ownership of a permit, only the reasons for 2,326
refusal contained in divisions (A) and (B)(1) of section 4303.292 2,327
of the Revised Code shall be considered. In an appeal on the 2,328
renewal of a permit, only the objections considered at the 2,329
hearing under section 4303.271 of the Revised Code shall be 2,330
considered. 2,331
The commission shall send notice of an appeal by a 2,333
political subdivision by certified mail to the applicant for a 2,334
new permit or to the permit holder at the permit holder's usual 2,336
place of business, to the superintendent of liquor control, and 2,339
to the office of the attorney general. The commission shall also 2,340
send notice by certified mail of an appeal by a permit holder 2,341
from an order denying the transfer or renewal of a permit, or the 2,342
transfer of a location, or of an appeal by an applicant for a new 2,343
permit from an order denying the issuance of a permit to the 2,344
legislative authority or board of the political subdivision that 2,345
53
participated in the hearing on the issuance, renewal, or 2,346
transfer, to the superintendent and to the office of the attorney 2,348
general.
If a legislative authority or board is a party under this 2,350
division to an appeal before the commission, the legislative 2,351
authority or board may appeal under section 119.12 of the Revised 2,352
Code from an order of the commission affirming the issuance, 2,353
transfer, or renewal of a permit, or the transfer of a location, 2,354
or participate or be joined as a party in an appeal under that 2,355
section from an order of the commission denying the issuance, 2,356
transfer, or renewal of a permit, or transfer of a location. If 2,357
a court determines that there was not reasonable cause for an 2,358
appeal by a political subdivision, it shall require the political 2,359
subdivision to pay reasonable expenses of the appellee, including 2,360
attorney fees and costs. 2,361
The prosecuting attorney of the county shall represent the 2,363
county or any township located within the county, unless the 2,364
township has adopted the A limited self-government form of 2,365
township HOME RULE government under Chapter 504. of the Revised 2,366
Code, in which case the township law director shall represent the 2,369
township, in any hearing or appeal under this section or section 2,370
119.12, 4303.26, or 4303.271 of the Revised Code in which the 2,371
county or township is a party. The village solicitor or city law 2,372
director of the municipal corporation shall represent the 2,373
municipal corporation in any hearing or appeal under this section 2,374
or section 119.12, 4303.26, or 4303.271 of the Revised Code in 2,375
which the municipal corporation is a party. 2,376
If a permit holder appeals under section 119.12 of the 2,378
Revised Code from an order of the commission denying the transfer 2,379
or renewal of a permit, or the transfer of a location, or if an 2,380
applicant for a new permit appeals from an order of the 2,381
commission denying the issuance of a permit, the commission shall 2,382
send notice of the appeal by certified mail to the legislative 2,383
authority or board of the political subdivision that was a party 2,384
54
to an appeal before the commission. 2,385
(C) At least twenty-one days before the date by which a 2,387
permit holder must pay any forfeiture pursuant to an order issued 2,388
under section 4301.252 of the Revised Code, and at least 2,389
twenty-one days before the effective date of an order issued by 2,390
the liquor control commission, revoking, cancelling, or 2,391
suspending a liquor permit, except for a suspension imposed under 2,392
division (A)(3) of section 4301.252 of the Revised Code, the 2,393
commission shall send a copy of the order by certified mail to 2,394
the holder, addressed to the holder at the premises named in the 2,396
permit, and shall also send by certified mail copies of the order 2,397
to the chief of police, marshal, or chief police officer of the 2,398
municipal corporation in which the premises for which the permit 2,399
was issued are situated, or to the sheriff of the county or 2,400
constable of the township, in case the permit was issued for 2,401
premises situated outside any municipal corporation. A copy of 2,402
an order revoking or canceling a permit or allowing the payment 2,403
of a forfeiture under section 4301.252 of the Revised Code shall 2,404
be sent to such officer at the same time as a copy is sent to the 2,405
permit holder; a copy of an order suspending a permit shall be 2,406
sent to such officer when the commission determines under section 2,407
4301.252 of the Revised Code that the suspension is to become 2,408
effective. The order shall contain a statement of the number of 2,409
the permit, the name of the holder, the location of the premises 2,410
for which the permit was issued, and the date when the revocation 2,411
or cancellation is to be effective, or, in case of suspension, 2,412
the beginning and ending dates of the suspension period and such 2,413
other information in the notice to the permit holder as is 2,414
required by section 4301.252 of the Revised Code. The holder of 2,415
such a revoked or cancelled permit shall, on the effective date 2,416
of the order of revocation or cancellation, immediately surrender 2,417
the permit by mailing or delivering it to the superintendent of 2,419
liquor control by certified mail. If the revoked or canceled 2,420
permit is not surrendered, the superintendent shall issue a 2,422
55
written demand for its surrender and deliver the demand to the 2,423
chief of police, marshal, or other chief police officer of the 2,424
municipal corporation or to the sheriff of the county, or to the 2,425
constable of the township, in which the premises for which the 2,426
permit is issued are located, or to any designated agent of the 2,427
division of liquor control, and the chief of police, marshal, or 2,429
other chief police officer of the municipal corporation, sheriff, 2,430
constable, or agent shall immediately demand and secure 2,431
possession of the revoked or cancelled permit and return it by 2,432
certified mail to the superintendent. 2,433
When a permit has been so suspended by order of the liquor 2,435
control commission, the permit holder shall not sell any 2,436
alcoholic beverages at such permit premises during the effective 2,437
period stated in the order of a suspension, and shall cover the 2,439
permit by posting a copy of the suspension order over the permit, 2,441
and the order of suspension shall remain so posted on the permit 2,442
premises until termination of the suspension period. Upon 2,443
termination of the suspension period, the permit holder may 2,444
remove the copy of the suspension order from the permit and may 2,446
resume the sale of alcoholic beverages as authorized by the 2,447
permit and in compliance with Chapters 4301. and 4303. of the 2,448
Revised Code. 2,449
The foregoing paragraph of this section is inapplicable 2,451
while a stay order is in effect as a result of an appeal taken by 2,452
a permit holder from an order of revocation, cancellation, or 2,453
suspension or from an order that allows the payment of a 2,454
forfeiture under section 4301.252 of the Revised Code, pursuant 2,455
to section 119.12 of the Revised Code. A copy of the stay order 2,456
shall be posted on the premises of the permit holder and shall be 2,457
furnished by the division to the appropriate officer, as the case 2,460
may be, such as the chief of police, marshal, constable, or 2,461
sheriff.
A permit holder desiring to file a notice of appeal under 2,463
section 119.12 of the Revised Code with respect to any order of 2,464
56
the commission as described in this division shall do so within 2,465
twenty-one days after the mailing of the notice of the 2,466
commission's order as provided in section 119.12 of the Revised 2,467
Code. 2,468
Sec. 5543.01. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,478
OF THIS SECTION, THE county engineer shall have general charge of 2,479
the following:
(A)(1) Construction, reconstruction, improvement, 2,481
maintenance, and repair of all bridges and highways within his 2,482
THE ENGINEER'S county, under the jurisdiction of the board of 2,483
county commissioners; 2,484
(B)(2) Construction, reconstruction, resurfacing, or 2,486
improvement of roads by boards of township trustees under 2,487
sections 5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, 2,488
inclusive, and 5575.02 to 5575.09, inclusive, of the Revised 2,490
Code;
(C)(3) Construction, reconstruction, resurfacing, or 2,492
improvement of the roads of a road district under section 5573.21 2,493
of the Revised Code. 2,494
(B) FOR ANY PARTICULAR PROJECT, AFTER NOTIFYING THE COUNTY 2,496
ENGINEER, THE BOARD OF TOWNSHIP TRUSTEES OF A TOWNSHIP THAT HAS 2,498
ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF THE 2,499
REVISED CODE MAY HIRE AN INDEPENDENT PROFESSIONAL ENGINEER TO BE
IN CHARGE OF THOSE ACTIVITIES LISTED IN DIVISION (A)(2) OF THIS 2,500
SECTION. THE COUNTY ENGINEER SHALL REVIEW ALL OF THE INDEPENDENT 2,503
PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS AND PROVIDE THE 2,504
BOARD OF TOWNSHIP TRUSTEES WITH COMMENTS ON THOSE PLANS WITHIN 2,505
TEN WORKING DAYS AFTER RECEIVING THEM. THE COUNTY ENGINEER SHALL 2,506
MONITOR ALL PLANS FOR IMPROVEMENTS IN ORDER TO MAINTAIN 2,507
COMPLIANCE WITH EXISTING CONSTRUCTION STANDARDS AND THOROUGHFARE 2,508
PLANS, AND COORDINATE CONSTRUCTION TIMELINES WITHIN THE COUNTY. 2,509
(C) The COUNTY engineer may not perform any duties in 2,511
connection with the repair, maintenance, or dragging of roads by 2,514
boards of township trustees, except that, upon the request of any 2,516
57
board of township trustees he, THE COUNTY ENGINEER shall inspect 2,517
any road designated by it and advise as to the best methods of 2,519
repairing, maintaining, or dragging such THAT road.
Sec. 5543.09. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,529
OF THIS SECTION, THE county engineer shall supervise the
construction, reconstruction, improvement, maintenance, and 2,530
repair of the highways, bridges, and culverts under the 2,531
jurisdiction of the board of county commissioners, and the 2,532
construction, reconstruction, resurfacing, and improvement of 2,533
public roads by boards of township trustees under sections
5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, 5575.02 2,534
to 5575.09, and 5577.01 of the Revised Code. When the engineer 2,535
has charge of the highways, bridges, and culverts within his THE 2,536
ENGINEER'S county, and under the control of the state, he THE 2,537
ENGINEER shall also supervise their construction, reconstruction, 2,538
improvement, and repair. 2,539
(B) FOR ANY PARTICULAR PROJECT, WITH THE APPROVAL OF THE 2,541
COUNTY ENGINEER, THE BOARD OF TOWNSHIP TRUSTEES OF A TOWNSHIP 2,543
THAT HAS ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 2,544
504. OF THE REVISED CODE MAY HIRE AN INDEPENDENT PROFESSIONAL 2,545
ENGINEER TO ASSIST THE COUNTY ENGINEER WITH THE SUPERVISION OF
THE CONSTRUCTION, RECONSTRUCTION, RESURFACING, AND IMPROVEMENT OF 2,546
PUBLIC ROADS BY THE BOARD UNDER SECTIONS 5571.01, 5571.06, 2,548
5571.07, 5571.15, 5573.01 TO 5573.15, 5575.02 TO 5575.09, AND 2,549
5577.01 OF THE REVISED CODE.
Sec. 5549.02. (A) Boards of county commissioners and 2,558
boards of township trustees, in the purchase of machinery, tools, 2,559
trucks, and other equipment for use in constructing, maintaining, 2,560
and repairing roads, may make such purchases upon the following 2,561
terms: not less than one-fourth of the purchase price shall be 2,562
paid in cash, and the remainder of the purchase price shall be 2,563
paid in not more than five equal annual installments, except that 2,564
if the board sells, as authorized by law, used vehicles, 2,565
machinery, tools, or equipment owned by the county or township to 2,566
58
the person or other entity from whom it is to make the purchase, 2,567
the one-fourth cash down payment or any installments, or both, 2,568
may be reduced by the amount of the selling price of the used 2,569
vehicles, machinery, tools, or equipment. Each installment shall 2,570
be not less than one-fifth of the balance due and shall be 2,571
secured by a note which may contain a clause permitting 2,572
prepayment at the option of the board. Such boards may issue the 2,573
notes of the county or township signed by the board of county 2,574
commissioners or board of township trustees, attested by the 2,575
signature of the county auditor or township clerk, and covering 2,576
such deferred payments and payable at the times above provided. 2,577
Such notes may bear interest at not to exceed the rate determined 2,578
as provided in section 9.95 of the Revised Code, and are not 2,579
subject to section 131.23 or 135.51 to 135.54 or to Chapter 133. 2,580
of the Revised Code. In the legislation under which such notes 2,581
are authorized, the board of county commissioners or board of 2,582
township trustees shall make provision for levying and collecting 2,583
annually, by taxation, an amount sufficient to pay the interest 2,584
and provide a sinking fund for the final redemption of such notes 2,585
at maturity. 2,586
Sections 5705.41 and 5705.44 of the Revised Code apply only 2,588
to such portion of the purchase price of such machinery, tools, 2,589
trucks, or equipment as is to be paid in cash, exclusive of any 2,590
credit from the sale of used vehicles, machinery, tools, or 2,591
equipment to the vendor. 2,592
(B) The boards of trustees of any two or more townships, 2,594
or the legislative authorities of any two or more political 2,595
subdivisions, or any combination thereof, may, through joint 2,596
action, unite in the joint purchase, maintenance, use, and 2,597
operation of machinery, tools, trucks, and equipment for use in 2,598
constructing, maintaining, and repairing roads, and may prorate 2,599
the expense on such terms as are mutually agreed upon, and any 2,600
political subdivision may lease machinery, tools, trucks, and 2,601
other equipment from any one or more other political subdivisions 2,602
59
for use in constructing, maintaining, and repairing roads on such 2,603
terms as are mutually agreed upon. 2,604
(C) Boards of county commissioners and boards of township 2,606
trustees may also enter into leases which include an option to 2,607
purchase machinery, tools, trucks, and other equipment for use in 2,608
constructing, maintaining, and repairing roads. Any such 2,609
contract to lease with an option to purchase shall require the 2,610
board to pay at least three-twentieths of the total cost of the 2,611
lease with an option to purchase in cash. If the board sells 2,612
used equipment as part of any such contract, the three-twentieths 2,613
cash down payment may be reduced by the amount of the selling 2,614
price of the used equipment. Such leases with options to 2,615
purchase shall be made from the lowest responsible bidder 2,616
offering the equipment after advertisement as provided in section 2,617
5575.01 of the Revised Code. Such leases are not subject to the 2,618
down payment and minimum annual installment requirements of 2,619
division (A) of this section. 2,620
Sec. 5549.021. A BOARD OF TOWNSHIP TRUSTEES MAY PURCHASE 2,623
MACHINERY, TOOLS, TRUCKS, AND OTHER EQUIPMENT FOR USE IN 2,624
CONSTRUCTING, MAINTAINING, AND REPAIRING ROADS AND, SUBJECT TO 2,625
CHAPTER 133. OF THE REVISED CODE, MAY ISSUE FOR THAT PURPOSE 2,627
GENERAL OBLIGATION BONDS OF THE TOWNSHIP FOR WHICH THE FULL FAITH 2,628
AND CREDIT OF THE TOWNSHIP SHALL BE PLEDGED. 2,629
Sec. 5573.01. When the board of township trustees has 2,638
determined that any road shall be constructed, reconstructed, 2,639
resurfaced, or improved, such THE board shall determine by 2,641
resolution, by unanimous vote if acting without a petition, and 2,642
by a majority vote if acting upon a petition, the route and
termini of such THE road, AND the kind and extent of the 2,644
improvement, and at the same time shall order the county engineer 2,645
OR, IF THE TOWNSHIP HAS ADOPTED A LIMITED HOME RULE GOVERNMENT 2,646
UNDER CHAPTER 504. OF THE REVISED CODE, HIRE AN INDEPENDENT 2,647
PROFESSIONAL ENGINEER, AFTER NOTIFYING THE COUNTY ENGINEER, to 2,648
make such surveys, plans, profiles, cross sections, estimates, 2,650
60
and specifications as are required for such THE improvement. IF 2,652
AN INDEPENDENT PROFESSIONAL ENGINEER IS HIRED, THE COUNTY 2,653
ENGINEER SHALL REVIEW ALL OF THE INDEPENDENT PROFESSIONAL 2,654
ENGINEER'S PLANS FOR IMPROVEMENTS AND PROVIDE THE BOARD OF 2,655
TOWNSHIP TRUSTEES WITH COMMENTS ON THOSE PLANS WITHIN TEN WORKING 2,656
DAYS AFTER RECEIVING THEM. THE COUNTY ENGINEER SHALL MONITOR ALL 2,657
OF THE INDEPENDENT PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS 2,658
IN ORDER TO MAINTAIN COMPLIANCE WITH EXISTING CONSTRUCTION 2,659
STANDARDS AND THOROUGHFARE PLANS, AND COORDINATE CONSTRUCTION 2,660
TIMELINES WITHIN THE COUNTY. 2,661
The IF THE BOARD ORDERS THE COUNTY ENGINEER TO ACT UNDER 2,663
THIS SECTION, THE board may order the COUNTY engineer to make 2,664
alternate surveys, plans, profiles, cross sections, estimates, 2,666
and specifications, providing therein IN THEM for different 2,667
widths of roadway, or different materials, and approve all or any 2,668
number of such THESE alternate surveys, plans, profiles, cross 2,669
sections, estimates, and specifications. The COUNTY engineer 2,671
may, without instructions from the board, prepare alternate 2,674
surveys, plans, profiles, cross sections, estimates, and
specifications, providing therein IN THEM for different widths of 2,676
roadways or different materials. When alternate surveys, plans, 2,677
profiles, cross sections, estimates, and specifications are 2,678
approved by the board, or submitted by the COUNTY engineer on his 2,680
THE COUNTY ENGINEER'S own motion, the board and COUNTY engineer 2,681
shall, after the opening of bids, agree which of the surveys, 2,682
plans, profiles, cross sections, estimates, and specifications 2,683
shall be finally adopted for construction of the improvement.
Section 2. That existing sections 109.14, 133.09, 309.09, 2,685
504.01, 504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 504.16, 2,687
504.17, 504.18, 504.19, 505.261, 505.262, 505.264, 505.37,
505.701, 709.50, 711.05, 711.10, 713.22, 1901.026, 2921.421, 2,689
3737.46, 3767.03, 4301.28, 5543.01, 5543.09, 5549.02, and 5573.01 2,690
of the Revised Code are hereby repealed. 2,691
Section 3. Notwithstanding anything to the contrary in 2,693
61
section 713.22 of the Revised Code, the change in the composition 2,695
of a county planning commission required under that section as 2,696
amended by this act shall be implemented so that any member
serving on the board on the effective date of this act serves out 2,698
the member's term of office, even if the membership would not 2,700
then meet the representation requirements in section 713.22 of 2,701
the Revised Code. As new members are appointed to the
commission, the new members shall be appointed so as to meet the 2,702
representation requirements in section 713.22 of the Revised Code 2,703
as soon as possible without interfering with any member's term of 2,704
office.