As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-BUEHRER-TIBERI- 11
CORBIN-KRUPINSKI-PERZ-HARTNETT-VERICH-VESPER-HAINES- 12
SCHURING-WILLAMOWSKI-BENDER-WINKLER 13
_________________________________________________________________ 14
A B I L L
To amend sections 109.14, 133.09, 309.09, 504.01, 16
504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 17
504.16, 504.17, 504.18, 504.19, 505.261, 505.262, 18
505.264, 505.37, 505.701, 709.50, 711.05, 711.10, 19
713.22, 1901.026, 2921.421, 3737.46, 3767.03, 20
4301.28, 5543.01, 5543.09, 5549.02, and 5573.01 21
and to enact sections 504.20 and 5549.021 of the 22
Revised Code to refer to townships that have 23
adopted the limited self-government form of 25
township government as "limited home rule 26
government" townships, to make changes in the 27
laws governing those townships, to permit any 28
township, for specified purposes, to issue 29
securities or change the provisions for issuing 30
debt, to change the composition and voting 31
practices of county planning commissions, and to 32
change the Subdivision Law to give townships 33
notice of proposed changes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 109.14, 133.09, 309.09, 504.01, 37
504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 504.16, 504.17, 39
2
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, 41
3767.03, 4301.28, 5543.01, 5543.09, 5549.02, and 5573.01 be 42
amended and sections 504.20 and 5549.021 of the Revised Code be 43
enacted to read as follows: 44
Sec. 109.14. When requested by them, the attorney general 53
shall advise the prosecuting attorneys of the several counties 54
respecting their duties in all complaints, suits, and 55
controversies in which the state is, or may be a party, and shall 56
advise the township law director of a township that has adopted 57
the A limited self-government form of township HOME RULE 58
government under Chapter 504. of the Revised Code. 59
Sec. 133.09. A (A) UNLESS IT IS A TOWNSHIP THAT HAS 68
ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF THE 69
REVISED CODE, A township shall not incur net indebtedness that 71
exceeds an amount equal to five per cent of its tax valuation, 72
and, except as specifically authorized by section 505.262 of the 73
Revised Code or other laws, shall not incur any net indebtedness 74
unless authorized by vote of the electors. 75
(B) A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME RULE 78
GOVERNMENT UNDER CHAPTER 504. OF THE REVISED CODE SHALL NOT INCUR 79
NET INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO TEN AND ONE-HALF 80
PER CENT OF ITS TAX VALUATION, OR INCUR WITHOUT A VOTE OF THE 81
ELECTORS NET INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO FIVE 82
AND ONE-HALF PER CENT OF THAT TAX VALUATION. IN CALCULATING THE 83
NET INDEBTEDNESS OF A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME 84
RULE GOVERNMENT, NONE OF THE FOLLOWING SECURITIES SHALL BE 85
CONSIDERED: 86
(1) SELF-SUPPORTING SECURITIES ISSUED FOR ANY PURPOSE; 89
(2) SECURITIES ISSUED FOR THE PURPOSE OF PURCHASING, 91
CONSTRUCTING, IMPROVING, OR EXTENDING WATER OR SANITARY OR 92
SURFACE AND STORM WATER SEWERAGE SYSTEMS OR FACILITIES, OR A 93
COMBINATION OF THOSE SYSTEMS OR FACILITIES, TO THE EXTENT THAT AN 95
AGREEMENT ENTERED INTO WITH ANOTHER SUBDIVISION REQUIRES THE
3
OTHER SUBDIVISION TO PAY TO THE TOWNSHIP AMOUNTS EQUIVALENT TO 96
DEBT CHARGES ON THE SECURITIES; 97
(3) SECURITIES THAT ARE NOT GENERAL OBLIGATIONS OF THE 99
TOWNSHIP; 100
(4) VOTED SECURITIES ISSUED FOR THE PURPOSES OF 102
REDEVELOPMENT TO THE EXTENT THAT THEIR PRINCIPAL AMOUNT DOES NOT 103
EXCEED AN AMOUNT EQUAL TO TWO PER CENT OF THE TAX VALUATION OF 104
THE TOWNSHIP; 105
(5) SECURITIES ISSUED FOR THE PURPOSE OF ACQUIRING OR 107
CONSTRUCTING ROADS, HIGHWAYS, BRIDGES, OR VIADUCTS, OR FOR THE 108
PURPOSE OF ACQUIRING OR MAKING OTHER HIGHWAY PERMANENT 109
IMPROVEMENTS, TO THE EXTENT THAT THE RESOLUTION OF THE BOARD OF 110
TOWNSHIP TRUSTEES AUTHORIZING THE ISSUANCE OF THE SECURITIES 111
INCLUDES A COVENANT TO APPROPRIATE FROM MONEY DISTRIBUTED TO THE 112
TOWNSHIP UNDER CHAPTER 4501., 4503., 4504., OR 5735. OF THE 114
REVISED CODE A SUFFICIENT AMOUNT TO COVER DEBT CHARGES ON AND 115
FINANCING COSTS RELATING TO THE SECURITIES AS THEY BECOME DUE; 116
(6) SECURITIES ISSUED FOR ENERGY CONSERVATION MEASURES 118
UNDER SECTION 505.264 OF THE REVISED CODE. 119
(C) In calculating the net indebtedness of a ANY township, 122
no obligation incurred under division (B) of section 513.17 or 123
under section 505.261, 505.264 or, 505.265, OR 505.37 of the 124
Revised Code shall be considered. 125
Sec. 309.09. (A) The prosecuting attorney shall be the 134
legal adviser of the board of county commissioners, board of 135
elections, and all other county officers and boards, including 136
all tax-supported public libraries, and any of them may require 137
written opinions or instructions from the prosecuting attorney in 138
matters connected with their official duties. The prosecuting 140
attorney shall prosecute and defend all suits and actions which 142
any such officer or board directs or to which it is a party, and 143
no county officer may employ any other counsel or attorney at the 144
expense of the county, except as provided in section 305.14 of 145
the Revised Code.
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(B) The prosecuting attorney shall be the legal adviser 147
for all township officers, boards, and commissions, unless the 148
township has adopted the A limited self-government form of 150
township HOME RULE government pursuant to Chapter 504. of the 152
Revised Code and has not entered into a contract to have the 153
prosecuting attorney serve as the township law director, in which
case the township law director, whether serving full-time or 155
part-time, shall be the legal adviser for all township officers, 156
boards, and commissions. When the board of township trustees 158
finds it advisable or necessary to have additional legal counsel, 159
it may employ an attorney other than the township law director or 160
the prosecuting attorney of the county, either for a particular 161
matter or on an annual basis, to represent the township and its 162
officers, boards, and commissions in their official capacities 164
and to advise them on legal matters. No such counsel or attorney 165
may be employed, except on the order of the board of township 166
trustees, duly entered upon its journal, in which the
compensation to be paid for such THE legal services shall be 167
fixed. Such THE compensation shall be paid from the township 168
fund. 169
Nothing in this division confers any of the powers or 171
duties of a prosecuting attorney under section 309.08 of the 172
Revised Code upon a township law director. 173
(C) Whenever the board of county commissioners employs an 175
attorney other than the prosecuting attorney of the county, 176
without the authorization of the court of common pleas as 177
provided in section 305.14 of the Revised Code, either for a 178
particular matter or on an annual basis, to represent the board 179
of county commissioners in its official capacity and to advise it 180
on legal matters, the board of county commissioners shall enter 181
upon its journal an order of the board in which the compensation 182
to be paid for such THE legal services shall be fixed. The 183
compensation shall be paid from the county general fund. The 184
total compensation paid, in any year, by the board of county 185
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commissioners for legal services under this division shall not 186
exceed the total annual compensation of the prosecuting attorney 187
for that county. 188
(D) The prosecuting attorney and the board of county 190
commissioners jointly may contract with a board of park 191
commissioners under section 1545.07 of the Revised Code for the 192
prosecuting attorney to provide legal services to the park 193
district the board of park commissioners operates. All moneys 194
received pursuant to such a THE contract shall be deposited into 195
the prosecuting attorney's legal services fund, which shall be 196
established in the county treasury of each county in which such a 197
THE contract exists. Moneys in that fund may be appropriated 199
only to the prosecuting attorney for the purpose of providing 200
legal services under a contract entered into under this division. 201
Sec. 504.01. A TOWNSHIP THAT MEETS THE QUALIFICATIONS OF 211
THIS SECTION MAY ADOPT A LIMITED HOME RULE GOVERNMENT IN THE 212
MANNER PROVIDED IN THIS SECTION. 213
(A) IF A TOWNSHIP HAS A POPULATION OF AT LEAST FIVE 216
THOUSAND BUT LESS THAN FIFTEEN THOUSAND IN THE UNINCORPORATED 217
TERRITORY OF THE TOWNSHIP, THE board of township trustees, by a 218
majority vote, may adopt a resolution causing the board of 219
elections to submit to the electors of the unincorporated area of 220
the township the question of whether the township should adopt 221
the A limited self-government form of township HOME RULE 222
government under which it exercises limited powers of local 223
self-government and limited police powers, as authorized by this 224
chapter. THE QUESTION SHALL BE VOTED UPON AT THE NEXT GENERAL 225
ELECTION OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER CERTIFICATION 227
OF THE RESOLUTION TO THE BOARD OF ELECTIONS. 228
(B) IF A TOWNSHIP HAS A POPULATION OF FIFTEEN THOUSAND OR 231
MORE IN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP, THE BOARD 232
OF TOWNSHIP TRUSTEES, AFTER AT LEAST ONE PUBLIC HEARING, MAY DO 233
EITHER OF THE FOLLOWING: 234
(1) BY A UNANIMOUS VOTE, ADOPT A RESOLUTION ESTABLISHING A 237
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LIMITED HOME RULE GOVERNMENT UNDER WHICH THE TOWNSHIP EXERCISES 238
LIMITED POWERS OF LOCAL SELF-GOVERNMENT AND LIMITED POLICE POWERS 239
AS AUTHORIZED BY THIS CHAPTER. THE RESOLUTION SHALL BECOME 240
EFFECTIVE THIRTY DAYS AFTER THE DATE OF ITS ADOPTION UNLESS 241
WITHIN THAT THIRTY-DAY PERIOD THERE IS PRESENTED TO THE BOARD OF 242
TOWNSHIP TRUSTEES A PETITION, SIGNED BY A NUMBER OF REGISTERED 243
ELECTORS RESIDING IN THE UNINCORPORATED AREA OF THE TOWNSHIP 244
EQUAL TO AT LEAST TEN PER CENT OF THE TOTAL VOTE CAST FOR ALL 245
CANDIDATES FOR GOVERNOR IN THAT AREA AT THE MOST RECENT GENERAL 247
ELECTION AT WHICH A GOVERNOR WAS ELECTED, REQUESTING THE BOARD OF 248
TOWNSHIP TRUSTEES TO SUBMIT THE QUESTION OF ESTABLISHING A 249
LIMITED HOME RULE GOVERNMENT TO THE ELECTORS OF THAT AREA FOR 250
APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD ON THE DAY 251
OF THE NEXT PRIMARY OR GENERAL ELECTION OCCURRING AT LEAST
SEVENTY-FIVE DAYS AFTER THE PETITION IS PRESENTED. EACH PART OF 253
THE PETITION SHALL MEET THE REQUIREMENTS SPECIFIED IN SECTION 254
3501.38 OF THE REVISED CODE. UPON TIMELY RECEIPT OF THE 255
PETITION, THE BOARD OF TOWNSHIP TRUSTEES SHALL ADOPT A RESOLUTION 256
CAUSING THE BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE 257
UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION OF WHETHER THE 258
TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE GOVERNMENT. 259
(2) BY A MAJORITY VOTE, ADOPT A RESOLUTION CAUSING THE 261
BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE 262
UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION OF WHETHER THE 263
TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE GOVERNMENT UNDER WHICH 264
IT EXERCISES LIMITED POWERS OF LOCAL SELF-GOVERNMENT AND LIMITED 265
POLICE POWERS, AS AUTHORIZED BY THIS CHAPTER. THE QUESTION SHALL 267
BE VOTED UPON AT THE NEXT GENERAL ELECTION OCCURRING AT LEAST 268
SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE 269
BOARD OF ELECTIONS.
IF THE POPULATION OF THE UNINCORPORATED TERRITORY OF ANY 271
TOWNSHIP THAT ADOPTS A LIMITED HOME RULE GOVERNMENT UNDER 273
DIVISION (B) OR (D) OF THIS SECTION IS FIFTEEN THOUSAND OR MORE, 274
THE TOWNSHIP SHALL BE CALLED AN "URBAN TOWNSHIP." 275
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(C) TOWNSHIPS WITH A POPULATION OF LESS THAN FIVE THOUSAND 277
IN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP ARE NOT PERMITTED 278
TO ADOPT A LIMITED HOME RULE GOVERNMENT. 279
The (D) IF A TOWNSHIP MEETS THE POPULATION REQUIREMENTS OF 282
DIVISION (A) OR (B) OF THIS SECTION, THE electors of the 283
unincorporated area of a THE township may petition the board of 284
township trustees to adopt a resolution causing the board of 285
elections to submit to the electors the question of whether the 286
township should adopt the A limited self-government form of HOME 287
RULE government. Upon receipt of a petition signed by ten per 289
cent of the electors of the unincorporated area of the township, 290
as determined by the total number of votes cast in that territory 291
AREA for the office of governor at the preceding MOST RECENT 292
general election for that office, the board of township trustees 293
of the township shall adopt such a THE resolution. The question 295
shall be voted upon at the next general election occurring at 296
least seventy-five days after the certification of the resolution 297
to the board of elections. 298
Sec. 504.02. (A) After certification of a resolution as 307
provided in DIVISION (A), (B), OR (D) OF section 504.01 of the 310
Revised Code, the board of elections shall submit the question of 311
whether to adopt the A limited self-government form of township 312
HOME RULE government to the electors of the unincorporated area 313
of the township, and the ballot language shall be substantially 314
as follows:
"Shall the township of ........... (name) adopt the A 316
limited self-government (also known as home rule) form of 317
township government, under which form GOVERNMENT the board of 319
township trustees, by resolution, may exercise limited powers of 320
local self-government and limited police powers?
...... For adoption of the A limited self-government (also 323
known as home rule) form of government 324
...... Against adoption of the A limited self-government (also 326
known as home rule) form of government" 327
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(B) At least forty-five days before the election on this 329
question the board of township trustees shall have notice of the 330
election and a description of the proposed limited 331
self-government form of HOME RULE government published in a 332
newspaper of general circulation in the township for three 333
consecutive weeks and have the notice and description posted in 334
five conspicuous places in the unincorporated area of the 335
township.
(C) If a majority of the votes cast on the proposition of 337
adopting the A limited self-government form of township HOME RULE 339
government is in the affirmative, such form THAT GOVERNMENT is 340
adopted and becomes the form of government of the township on the 342
first day of January immediately following the election. 343
Sec. 504.03. (A)(1) If the A limited self-government form 352
of township HOME RULE government is adopted pursuant to section 353
504.02 of the Revised Code, it shall remain in effect for at 355
least three years except as otherwise provided in division (B) of 356
this section. At the end of that period, if the board of 357
township trustees determines that such form of THAT government is 358
not in the best interests of the township, it may adopt a 360
resolution causing the board of elections to submit to the 361
electors of the unincorporated area of the township the question 362
of whether the township should continue the limited 363
self-government form of township HOME RULE government. The 364
question shall be voted upon at the next general election 366
occurring at least seventy-five days after the certification of 367
the resolution to the board of elections. After certification of 368
such a THE resolution, the board of elections shall submit the 370
question to the electors of the unincorporated area of the 371
township, and the ballot language shall be substantially as 372
follows:
"Shall the township of ........... (name) continue the 374
limited self-government (also known as home rule) form of 375
township government, under which it is operating? 376
9
...... For continuation of the limited self-government (also 379
known as home rule) form of government 380
...... Against continuation of the limited self-government 382
(also known as home rule) form of government" 383
(2) At least forty-five days before the election on the 385
question of continuing the limited self-government form of HOME 386
RULE government, the board of township trustees shall have notice 387
of the election published in a newspaper of general circulation 388
in the township for three consecutive weeks and have the notice 389
posted in five conspicuous places in the unincorporated area of 390
the township. 391
(B) The electors of a township that has adopted the A 393
limited self-government form of HOME RULE government, at any time 395
may propose AT ANY TIME by initiative petition, in accordance
with section 504.14 of the Revised Code, a resolution submitting 397
to the electors in the unincorporated area of the township, in an 398
election, the question set forth in division (A)(1) of this 399
section.
(C) If a majority of the votes cast under division (A) or 401
(B) of this section on the proposition of continuing the limited 402
self-government form of township HOME RULE government is in the 403
negative, such form of THAT government is terminated effective on 405
the first day of January immediately following the election, and 407
the A limited self-government form of HOME RULE government shall 409
not be adopted in the unincorporated area of the township 410
pursuant to section 504.02 of the Revised Code for at least three 412
years after that date.
(D) If the A limited self-government form of township HOME 415
RULE government is terminated pursuant to this section, the board
of township trustees immediately shall adopt a resolution 416
repealing all resolutions adopted pursuant to this chapter that 417
are not authorized by any other section of the Revised Code 418
outside this chapter, effective on the first day of January 419
immediately following the election described in division (A) or 420
10
(B) of this section. However, no resolution adopted under this 421
division shall affect or impair the obligations of the township 422
under any security issued or contracts entered into by the 423
township in connection with the financing of any water supply 424
facility OR SEWER IMPROVEMENT under sections 504.18 and 504.19 TO 425
504.20 of the Revised Code or the authority of the township to 426
collect or enforce any assessments, or other revenues 427
constituting security for or source of payments of debt service 429
charges of such THOSE securities. 430
Sec. 504.04. (A) A township that adopts the A limited 439
self-government form of HOME RULE government, by resolution, may 441
do all of the following BY RESOLUTION, provided that any such 442
resolution OF THESE RESOLUTIONS, other than a resolution to 443
supply water OR SEWER SERVICES in accordance with sections 504.18 444
and 504.19 TO 504.20 of the Revised Code, may be enforced only by 447
the imposition of civil fines as authorized in this chapter: 448
(1) Exercise all powers of local self-government within 450
the unincorporated area of the township, other than powers that 451
are in conflict with general laws, except that the township shall 452
comply with the requirements and prohibitions of this chapter, 453
and shall enact no taxes other than those authorized by general 454
law, and except that no resolution adopted pursuant to this 455
chapter shall encroach upon the powers, duties, and privileges of 456
elected township officers or change, alter, combine, eliminate, 457
or otherwise modify the form or structure of the township 458
government unless the change is required by this chapter; 459
(2) Adopt and enforce within the unincorporated area of 461
the township such local police, sanitary, and other similar 462
regulations as THAT are not in conflict with general laws or 463
otherwise prohibited by division (B) of this section; 465
(3) Supply water AND SEWER SERVICES to users within the 467
unincorporated area of the township in accordance with sections 468
504.18 and 504.19 TO 504.20 of the Revised Code. 470
(B) No resolution adopted pursuant to this chapter shall 471
11
DO ANY OF THE FOLLOWING: 472
(1) Create a criminal offense or impose criminal 475
penalties, EXCEPT AS AUTHORIZED BY DIVISION (A) OF THIS SECTION; 476
(2) Impose civil fines other than as authorized by this 478
chapter; 479
(3) Establish or revise subdivision regulations, road 481
construction standards, sewer regulations, urban sediment rules, 483
or storm water and drainage regulations;
(4) Establish or revise building standards, building 485
codes, and other standard codes except as provided in section 486
504.13 of the Revised Code; 487
(5) Increase, decrease, or otherwise alter the powers or 489
duties of a township under any other chapter of the Revised Code 490
relative PERTAINING to agriculture or the conservation or 491
development of natural resources; 493
(6) Establish regulations affecting hunting, trapping, 495
fishing, or the possession, use, or sale of firearms; 496
(7) Establish or revise water OR SEWER regulations, except 499
in accordance with sections 504.18 and 504.19 of the Revised 500
Code.
Nothing in this chapter shall be construed as affecting the 502
powers of counties with regard to the subjects listed in 503
divisions (B)(3) to (5) of this section. 504
(C) Under the A limited self-government form of township 506
HOME RULE government, all officers shall have the qualifications, 508
and be nominated, elected, or appointed, as provided in Chapter 509
505. of the Revised Code, except that the board of township 510
trustees shall appoint a full-time or part-time law director 511
pursuant to section 504.15 of the Revised Code. 512
(D) In case of conflict between resolutions enacted by a 514
board of township trustees and municipal ordinances or 515
resolutions, the ordinance or resolution enacted by the municipal 516
corporation prevails. In case of conflict between resolutions 517
enacted by a board of township trustees and any county 518
12
resolution, the resolution enacted by the board of township 519
trustees prevails. 520
Sec. 504.12. No resolution and no section or numbered or 529
lettered division of a section shall be revised or amended unless 530
the new resolution contains the entire resolution, section, or 531
division as revised or amended, and the resolution, section, or 532
division so amended shall be repealed. This requirement does not 533
prevent the amendment of a resolution by the addition of a new 534
section, or division, and in this case the full text of the 535
former resolution need not be set forth, nor does this section 536
prevent repeals by implication. Except in the case of a 537
codification or recodification of resolutions, a separate vote 538
shall be taken on each resolution proposed to be amended. 539
Resolutions that have been introduced and have received their 540
first reading or their first and second readings, but have not 541
been voted on for passage, may be amended or revised by a 542
majority vote of the members of the board of township trustees, 543
and the amended or revised resolution need not receive additional 544
readings. 545
The board of township trustees of a limited self-government 547
HOME RULE township may revise, codify, and publish in book form, 548
the resolutions of the township in the same manner as provided in 549
section 731.23 of the Revised Code for municipal corporations. 550
Resolutions adopted by the board shall be published in the same 551
manner as provided by sections 731.21, 731.22, 731.24, 731.25, 552
and 731.26 of the Revised Code for municipal corporations, except 553
that they shall be published in newspapers circulating within the 554
township. The clerk of the township shall perform the duties 555
that the clerk of the legislative authority of a municipal 556
corporation is required to perform under those sections. 557
Sec. 504.13. (A) The EXCEPT AS PROVIDED IN DIVISION (B) 566
OF THIS SECTION, THE board of township trustees of a township 568
that adopts the A limited self-government form of HOME RULE 569
government may ADOPT, by resolution, adopt building codes and 571
13
other standard codes promulgated by the state, or any department, 572
board, or other agency of the state, or any code prepared and 573
promulgated by a public or private organization that publishes a 574
model or standard code, including, but not limited to, a plumbing 576
code, electrical code, refrigeration machinery code, piping code, 577
boiler code, heating code, air conditioning code, or any code 578
pertaining to fire, fire hazards, and fire prevention. Any codes 579
adopted pursuant to this section shall be adopted in the manner 580
provided for in section 505.75 of the Revised Code and shall be 581
made available as required in section 505.76 of the Revised Code. 582
(B)(1) In a county in which the board of county 584
commissioners adopts a code as described in division (A) of this 585
section, no NO township that adopts the limited self-government 587
HOME RULE form of government shall adopt such a code DESCRIBED IN 588
DIVISION (A) OF THIS SECTION IN ANY COUNTY THAT HAS ADOPTED A 589
CODE DEALING WITH THE SAME MATTER TO BE REGULATED. 590
(2) If a board of township trustees in a township that 592
adopts the A limited self-government form of HOME RULE government 594
adopts a code as described in division (A) of this section and 595
the board of county commissioners of the county in which the 596
township is located subsequently adopts a code dealing with the 597
same matter to be regulated, the code adopted by the board of 599
township trustees shall be of no effect one year after the 600
effective date of the code adopted by the board of county 601
commissioners or at an earlier date, as determined by the board 602
of township trustees. 603
Sec. 504.14. In a township that adopts the A limited 612
self-government form of HOME RULE government, resolutions may be 613
proposed by initiative petition by the electors in the 614
unincorporated area of the township and adopted by election by 616
these electors, and resolutions adopted by the board of township 617
trustees may be submitted to these electors for their approval or 618
rejection by referendum, under the same circumstances and in the 619
same manner as provided by sections 731.28 to 731.40 of the 620
14
Revised Code for municipal corporations, except that BOTH OF THE 621
FOLLOWING APPLY:
(A) Initiative and referendum petitions shall be filed 623
with the township clerk, who shall perform those THE duties 624
imposed under such THOSE sections upon the city auditor or 626
village clerk. 627
(B) Initiative and referendum petitions shall contain the 629
signatures of not less than ten per cent of the total number of 630
electors in the unincorporated area of the township who voted for 631
the office of governor at the preceding MOST RECENT general 632
election for that office in that area of the township. 634
Sec. 504.16. (A) Each township that adopts the A limited 643
self-government form of township HOME RULE government shall 644
promptly do one of the following: 645
(1) Establish a police district pursuant to section 505.48 647
of the Revised Code, except that the district shall include all 648
of the unincorporated area of the township and no other 649
territory; 650
(2) Establish a joint township police district pursuant to 652
section 505.481 of the Revised Code; 653
(3) Contract pursuant to section 311.29, 505.43, or 505.50 655
of the Revised Code to obtain police protection services, 656
including the enforcement of township resolutions adopted under 657
this chapter, or ON a regular basis. 658
(B) A township that has taken an action described in 660
division (A) of this section before adopting the A limited 661
self-government form of township HOME RULE government need not 662
take any other such action upon adopting that form GOVERNMENT. 663
(C) The requirement that a township take one of the 665
actions described in divisions (A)(1), (2), and (3) of this 666
section does not prevent a township that acts under division 667
(A)(1) or (2) of this section from contracting under division 668
(A)(3) of this section to obtain additional police protection 669
services on a regular basis. 670
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Sec. 504.17. The establishment of the A limited 679
self-government form of township HOME RULE government does not 680
affect any act done, ratified, or affirmed, or any contract or 681
other right or obligation accrued or established, or any action, 682
prosecution, or proceeding, civil or criminal, pending at the 683
time this change in form of government takes effect. The 684
establishment of the A limited self-government form of township 686
HOME RULE government does not affect any cause of action, 687
prosecutions, or proceedings existing at the time it takes 688
effect. Rights that attach to any act of the township, and 689
actions, prosecutions, or proceedings may be prosecuted and 690
continued, or instituted and prosecuted against, by, or before 691
the department having jurisdiction or power of the subject matter 692
to which such THE right, action, prosecution, or proceedings 693
pertain.
All rules and orders lawfully promulgated prior to the 695
establishment of the A limited self-government form of township 697
HOME RULE government in the township continue in force and effect 698
until amended or rescinded in accordance with this chapter. 699
Sec. 504.18. (A) As used in this section and in section 708
SECTIONS 504.19 AND 504.20 of the Revised Code, "water supply 710
facilities" means all buildings, facilities, and pipelines 712
acquired, constructed, or operated by or leased to a township, or 713
to be acquired, constructed, or operated by or leased to a 714
township, that the board of township trustees considers necessary 715
for the storage, transportation, or treatment of water resources 716
and the operation of facilities which THAT supply water, together 717
with all property rights, easements, and interests in real or 719
personal property that may be required for the operation of the 720
facilities.
(B) For the purpose of supplying water OR SEWER SERVICES 722
to users within the unincorporated area of the township, the 724
board of township trustees by resolution may acquire, construct, 725
maintain, improve, repair, operate, and pay all or any part of 726
16
the costs of water supply facilities. The board may provide such 727
A supply of water OR SEWER SERVICES by contract with any 729
municipal corporation, COUNTY SEWER DISTRICT, OR REGIONAL WATER 730
AND SEWER DISTRICT or any person, firm, or private corporation 732
furnishing a public water supply OR SEWER SERVICES within or 733
outside its THE township. If the best interests of the township 735
and the users of the water supply facility so require, the board 737
may sell or otherwise dispose of the water supply facility.
(C) To pay all or any part of the costs of A water supply 739
facilities OR SEWER SERVICES UNDER THIS SECTION OR SECTION 504.19 740
OF THE REVISED CODE, the board OF TOWNSHIP TRUSTEES by resolution 741
may levy special assessments upon lots and lands in the township 742
benefiting from the water supply facilities OR SEWER IMPROVEMENTS 743
and may issue unvoted securities in anticipation of the levy or 745
collection of those special assessments in accordance with 746
Chapter 133. of the Revised Code. At the discretion of the board, 747
assessments may be levied by one of the following methods: 748
(1) By a percentage of the tax value of the property 750
assessed; 751
(2) In proportion to the benefits that result from the 753
improvement IMPROVEMENTS; 754
(3) By the front footage of the property bounding and 756
abutting the improvements. 757
(D) For the purpose of paying costs of constructing or 759
otherwise improving a water supply facility and paying debt 761
service charges on voted or unvoted securities of the township
issued for such purposes, and for paying costs of operating and 762
maintaining a water supply facility, the board may charge, alter 764
and collect rents and other charges for the use of services of a
water supply facility, which rents and charges if not paid when 766
due may be certified by the township clerk to the county auditor, 767
who shall place the same on the tax duplicate to be collected as 768
other taxes. Those rents and charges are a lien on the property 769
served from and after the date of entry by the county auditor on 770
17
the tax duplicate. 771
(E) The costs of constructing or otherwise improving a 773
water supply facility may include any of the following: 775
(1) The purchase price of real estate or any interest 777
therein; 778
(2) The cost of preliminary and other surveys; 780
(3) The cost of preparing plans, specifications, profiles, 782
and estimates; 783
(4) The cost of printing, serving, and publishing notices 785
and any required legislation; 786
(5) The cost of all special proceedings; 788
(6) The cost of labor and material, whether furnished by 790
contract or otherwise; 791
(7) Interest on bonds or notes issued in anticipation of 793
the levy or collection of special assessments; 794
(8) The total amount of damages resulting from the project 796
that are assessed in favor of any owners of lands affected by the 797
project and any interest thereon; 798
(9) The cost incurred in connection with the preparation, 800
levy, and collection of the special assessments, including legal 801
expenses incurred by reason of the project; 802
(10) All contract construction costs; 804
(11) Incidental costs connected with the project. 806
(F) The board may make any contract for the purchase of 808
supplies or material or for labor for any work in connection with 809
the water supply facilities in the manner provided in section 811
6119.10 of the Revised Code.
(G) The board may adopt, amend, rescind, publish, 813
administer, and enforce rules for the construction, maintenance, 814
operation, protection, and use of the water supply facilities as 816
are considered necessary and advisable. The rules shall not be 817
inconsistent with the laws of the state or the rules of the
environmental protection agency. The board may enforce the rules 818
by mandamus, injunction, or other legal remedy. 819
18
Sec. 504.19. (A) The board of township trustees may 828
prepare and adopt a general plan of water supply OR SEWER 829
SERVICES. After the general plan has been approved by the board, 830
the BOARD IMMEDIATELY SHALL NOTIFY THE BOARD OF COUNTY 832
COMMISSIONERS IF TERRITORY SERVED BY A COUNTY WATER SUPPLY
FACILITY OR A COUNTY SEWER DISTRICT INCLUDES TERRITORY TO BE 833
COVERED BY THE PLAN, THE LEGISLATIVE AUTHORITY OF A MUNICIPAL 834
CORPORATION THAT OPERATES A WATER SUPPLY OR SEWER SYSTEM IN ANY 835
OF THE TERRITORY TO BE COVERED BY THE PLAN, AND THE BOARD OF 836
TRUSTEES OF ANY EXISTING REGIONAL WATER AND SEWER DISTRICT THAT 838
INCLUDES ANY TERRITORY TO BE COVERED BY THE PLAN, OF THE 839
TOWNSHIP'S INTENTION TO PROVIDE WATER SUPPLY OR SEWER SERVICES 840
AND SHALL DESCRIBE THE AREA WHERE THE TOWNSHIP PROPOSES TO 842
PROVIDE WATER SUPPLY OR SEWER SERVICES. THE NOTIFIED BOARD OF 843
COUNTY COMMISSIONERS, LEGISLATIVE AUTHORITY OF A MUNICIPAL 844
CORPORATION, AND BOARD OF TRUSTEES OF THE REGIONAL WATER AND 846
SEWER DISTRICT THEN HAVE THIRTY DAYS FROM THE DATE OF 847
NOTIFICATION TO COMMENT AND OBJECT IN WRITING TO THE TOWNSHIP'S 848
PROVISION OF WATER SUPPLY OR SEWER SERVICES. AN OBJECTION MAY BE
BASED ON ONE OR MORE OF THE FOLLOWING: 849
(1) THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT 851
ALREADY PROVIDES THE PROPOSED WATER SUPPLY OR SEWER SERVICES TO 853
THE AREA TO BE SERVED.
(2) THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT 855
HAS IN ITS SERVICE PLAN PROVISIONS TO PROVIDE THE PROPOSED WATER 857
SUPPLY OR SEWER SERVICES IN THE FUTURE TO THE PROPOSED AREA 858
WITHIN A REASONABLE PERIOD OF TIME. 859
WITHIN FIFTEEN DAYS AFTER RECEIVING OBJECTIONS, THE BOARD 862
OF TOWNSHIP TRUSTEES MAY REQUEST IN WRITING SUBMITTED TO THE 863
OBJECTING PARTY THAT THE ISSUE OF THE TOWNSHIP'S PROVISION OF THE 864
PROPOSED WATER SUPPLY OR SEWER SERVICES BE MEDIATED. THE 865
MEDIATION SHALL BE PERFORMED EITHER BY THE OHIO COMMISSION ON 867
DISPUTE RESOLUTION AND CONFLICT MANAGEMENT OR BY HAVING EACH 868
PARTY SELECT A MEDIATOR AND HAVING THOSE TWO MEDIATORS SELECT A 869
19
THIRD MEDIATOR WHO, TOGETHER WITH THE OTHER TWO MEDIATORS, SHALL 870
CONDUCT THE MEDIATION. 871
WITHIN FORTY-FIVE DAYS AFTER THE REQUEST FOR MEDIATION IS 874
SUBMITTED, ANY MEDIATION SHALL BE COMPLETED, AND ANY AGREEMENTS 875
REACHED BETWEEN THE PARTIES SHALL BE FILED IN WRITING WITH THE 876
PARTIES. THEREAFTER, THE RESPECTIVE GOVERNING BOARDS MAY ADOPT 877
THE AGREEMENTS, MAKING THOSE AGREEMENTS BINDING ON THE PARTIES, 878
OR, IF ONE OR MORE OF THE AGREED-UPON POINTS IS REJECTED, THAT 879
REJECTION SHALL BE CONSIDERED A FINAL DECISION OF A GOVERNING 880
BOARD FOR PURPOSES OF CHAPTER 2506. OF THE REVISED CODE, AND THE 882
BOARD OF TOWNSHIP TRUSTEES MAY FILE AN APPEAL UNDER THAT CHAPTER 883
REGARDING ITS PROVISION OF THE PROPOSED WATER SUPPLY OR SEWER
SERVICES. IN ADDITION TO ANY FINDINGS OF THE COURT PROVIDED IN 884
SECTION 2506.04 OF THE REVISED CODE, THE COURT MAY DETERMINE THAT 887
THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT HAS NOT
MET THE CRITERIA SPECIFIED IN DIVISIONS (A)(1) AND (2) OF THIS 890
SECTION AND, THEREFORE, THE TOWNSHIP MAY PROVIDE ITS PROPOSED 891
WATER SUPPLY OR SEWER SERVICES OR, IN THE ALTERNATIVE, MAY 893
DETERMINE THAT THE TOWNSHIP COULD PROVIDE THE PROPOSED WATER 894
SUPPLY OR SEWER SERVICES MORE EXPEDIENTLY THAN THE COUNTY,
MUNICIPAL CORPORATIONS, OR SPECIAL DISTRICT WITH NO SUBSTANTIAL 897
INCREASE IN COST TO THE USERS OF THE WATER SUPPLY OR SEWER 898
SERVICES AND, THEREFORE, ORDER THAT THE TOWNSHIP MAY PROVIDE ITS 900
PROPOSED WATER SUPPLY OR SEWER SERVICES.
(B) ONCE THE BOARD HAS APPROVED A GENERAL PLAN OF WATER 903
SUPPLY OR SEWER SERVICES UNDER DIVISION (A) OF THIS SECTION, THE 905
board shall hire an engineer to prepare detailed plans, 906
specifications, and estimates of the cost of the improvement 907
IMPROVEMENTS, together with a tentative assessment of the cost 909
based on such THE estimates. The tentative assessment shall be 911
for the information of property owners, and shall not be 912
certified to the county auditor for collection. The detailed 913
plans, specifications, estimates of cost, and tentative 914
assessment, as prepared by the engineer and approved by the 915
20
board, shall be preserved in the office of the board and shall be 916
open to inspection of all persons interested in the improvements. 917
(B) The (C) ONCE IT HAS BEEN DETERMINED UNDER DIVISION 920
(A) OF THIS SECTION THAT A TOWNSHIP MAY PROVIDE ITS PROPOSED
WATER SUPPLY OR SEWER SERVICES, THE board may condemn for the use 921
of the township any public or private land, easement, rights, 923
rights-of-way, franchises, or other property within or outside 924
the township required by it for the accomplishment of its 925
purposes according to the procedure set forth in sections 163.01 926
to 163.22 of the Revised Code. The engineer hired by the board 927
may enter upon any public or private property for the purpose of 928
making surveys and examinations necessary for the design or 929
examination of water supply OR SEWER facilities. No person shall 930
forbid or interfere with the engineer or his THE ENGINEER'S 931
authorized assistants entering upon property for these purposes. 933
If actual damage is done to property by the making of a survey 934
and examination, the board shall pay the reasonable value of the 935
damage to the owner of the property damaged, and the cost shall 936
be included in the assessment upon the property benefited by the 937
improvement.
(C)(D) As soon as all questions of compensation and 939
damages have been determined for any water supply facilities OR 940
SEWER SERVICES improvement project, the board shall cause to be 941
made an estimated assessment, upon the lots and lands to be 942
assessed, of such part of the compensation, damages, and costs of 943
the improvement as is to be specially assessed according to the 944
method specified by resolution of the board. The schedule of the 945
assessments shall be filed with the township clerk for the 946
inspection of interested persons. Before adopting the estimated 947
assessment, the board shall cause written notice to be sent to 948
the owners of all lots and lands to be assessed that the 949
assessment has been made and is on file with the township clerk, 950
and the date when objections to the assessment will be heard. 951
Such objections OBJECTIONS shall be filed in writing with the 953
21
board before the date of the hearing. If any objections are 954
filed, the board shall hear them and act as an equalizing board, 955
and may change the assessments if, in its opinion, any change is 956
necessary to make the assessments just and equitable. The board 957
shall adopt a resolution approving and confirming the assessments 958
as reported to or modified by the board. 959
(D)(E) The resolution levying the assessments shall 961
apportion the cost among the benefited lots and lands in the 962
manner provided by the board by resolution. The board shall 963
certify the amounts to be levied upon each lot or parcel of land 964
to the county auditor, who shall enter the amounts on the tax 965
duplicate, to be collected as other taxes. The principal shall 966
be payable in not more than forty semiannual installments, as 967
determined by the board. Any assessment in the amount of 968
twenty-five dollars or less, or of which the unpaid balance is 969
twenty-five dollars or less, shall be paid in full and not in 970
installments, at the time the first or next installment otherwise 971
would become due and payable. Assessments are a lien upon the 972
respective lots or parcels of land assessed from the date of 973
adoption of the resolution under division (C)(D) of this section. 974
In the event that IF bonds are issued to pay the compensation, 977
damages, and the costs of an improvement, the principal amount of 978
the assessment shall be payable in such number of semiannual 979
installments and in such amounts as the board determines to be 980
necessary to provide a fund for the payment of the principal of 981
and interest on the bonds and shall bear interest from the date 982
of THE ISSUANCE OF THE BONDS and at the same rate as the bonds. 984
(E)(F) Any owner of property to be assessed for any water 986
supply facilities OR SEWER SERVICES improvement project, or other 987
person aggrieved by the action of the board in regard to any 988
water supply facilities OR SEWER SERVICES improvement project, 989
may appeal to the court of common pleas, in the manner prescribed 990
by Chapter 2506. of the Revised Code. 991
(F)(G) When collected, the assessments shall be paid by 993
22
the county auditor by warrant of the county treasurer into a 994
special fund in the township treasury created for the purpose of 995
constructing, improving, maintaining, and operating water supply 996
facilities OR SEWER IMPROVEMENTS. The board may expend moneys 997
from the fund only for the purposes for which the assessments 998
were levied.
Sec. 504.20. (A) FOR THE PURPOSE OF SUPPLYING WATER AND 1,001
PROVIDING SEWER SERVICES TO USERS WITHIN THE UNINCORPORATED AREA 1,002
OF THE TOWNSHIP UNDER A PLAN ADOPTED PURSUANT TO SECTION 504.19 1,003
OF THE REVISED CODE, THE BOARD OF TOWNSHIP TRUSTEES BY RESOLUTION 1,005
MAY ACQUIRE, CONSTRUCT, MAINTAIN, IMPROVE, REPAIR, OPERATE, AND 1,006
PAY ALL OR ANY PART OF THE COSTS OF WATER SUPPLY FACILITIES OR 1,007
SEWER IMPROVEMENTS. IF THE BEST INTERESTS OF THE TOWNSHIP AND 1,008
THE USERS OF THE WATER SUPPLY FACILITIES OR SEWER SERVICES SO 1,009
REQUIRE, THE BOARD MAY SELL OR OTHERWISE DISPOSE OF A WATER 1,010
SUPPLY FACILITY OR SEWER IMPROVEMENT. 1,011
(B) TO COVER THE COSTS OF ACQUIRING, CONSTRUCTING, 1,014
MAINTAINING, IMPROVING, REPAIRING, OR OPERATING A WATER SUPPLY 1,015
FACILITY OR SEWER IMPROVEMENT, THE BOARD MAY ISSUE GENERAL 1,016
OBLIGATION BONDS OF THE TOWNSHIP IN ACCORDANCE WITH CHAPTER 133. 1,017
OF THE REVISED CODE, FOR WHICH THE FULL FAITH AND CREDIT OF THE 1,020
TOWNSHIP SHALL BE PLEDGED.
(C) FOR THE PURPOSE OF PAYING COSTS OF CONSTRUCTING OR 1,023
OTHERWISE IMPROVING A WATER SUPPLY FACILITY OR SEWER IMPROVEMENT 1,024
AND PAYING DEBT SERVICE CHARGES ON VOTED OR UNVOTED SECURITIES OF 1,025
THE TOWNSHIP ISSUED FOR THOSE PURPOSES, AND FOR PAYING COSTS OF 1,026
OPERATING, REPAIRING, AND MAINTAINING A WATER SUPPLY FACILITY OR 1,027
SEWER IMPROVEMENT, THE BOARD MAY CHARGE, ALTER, AND COLLECT RENTS 1,028
AND OTHER CHARGES FOR THE USE OF SERVICES OF A WATER SUPPLY 1,029
FACILITY OR SEWER IMPROVEMENT, WHICH RENTS AND CHARGES IF NOT 1,030
PAID WHEN DUE MAY BE CERTIFIED BY THE TOWNSHIP CLERK TO THE 1,031
COUNTY AUDITOR, WHO SHALL PLACE THE SAME ON THE TAX DUPLICATE TO 1,032
BE COLLECTED AS OTHER TAXES. THOSE RENTS AND CHARGES ARE A LIEN 1,033
ON THE PROPERTY SERVED FROM AND AFTER THE DATE OF ENTRY BY THE 1,034
23
COUNTY AUDITOR ON THE TAX DUPLICATE. 1,035
(D) THE COSTS OF CONSTRUCTING OR OTHERWISE IMPROVING A 1,038
WATER SUPPLY FACILITY OR SEWER IMPROVEMENT MAY INCLUDE ANY OF THE 1,039
FOLLOWING:
(1) THE PURCHASE PRICE OF REAL ESTATE OR ANY INTEREST IN 1,042
REAL ESTATE;
(2) THE COST OF PRELIMINARY AND OTHER SURVEYS; 1,044
(3) THE COST OF PREPARING PLANS, SPECIFICATIONS, PROFILES, 1,047
AND ESTIMATES;
(4) THE COST OF PRINTING, SERVING, AND PUBLISHING NOTICES 1,050
AND ANY REQUIRED LEGISLATION;
(5) THE COST OF ALL SPECIAL PROCEEDINGS; 1,052
(6) THE COST OF LABOR AND MATERIAL, WHETHER FURNISHED BY 1,055
CONTRACT OR OTHERWISE;
(7) INTEREST ON BONDS OR NOTES ISSUED IN ANTICIPATION OF 1,058
THE LEVY OR COLLECTION OF SPECIAL ASSESSMENTS;
(8) THE TOTAL AMOUNT OF DAMAGES RESULTING FROM THE PROJECT 1,061
THAT ARE ASSESSED IN FAVOR OF ANY OWNERS OF LANDS AFFECTED BY THE 1,062
PROJECT AND ANY INTEREST ON THOSE DAMAGES;
(9) THE COST INCURRED IN CONNECTION WITH THE PREPARATION, 1,065
LEVY, AND COLLECTION OF THE SPECIAL ASSESSMENTS, INCLUDING LEGAL 1,066
EXPENSES INCURRED BY REASON OF THE PROJECT; 1,067
(10) ALL CONTRACT CONSTRUCTION COSTS; 1,069
(11) INCIDENTAL COSTS CONNECTED WITH THE PROJECT. 1,071
(E) THE BOARD MAY ADOPT, AMEND, RESCIND, PUBLISH, 1,074
ADMINISTER, AND ENFORCE RULES FOR THE CONSTRUCTION, MAINTENANCE, 1,075
OPERATION, PROTECTION, AND USE OF WATER SUPPLY FACILITIES AND 1,076
SEWER SERVICES, THAT ARE CONSIDERED NECESSARY AND ADVISABLE. THE 1,077
RULES SHALL NOT BE INCONSISTENT WITH THE LAWS OF THE STATE OR THE 1,078
RULES OF THE ENVIRONMENTAL PROTECTION AGENCY. THE BOARD MAY 1,079
ENFORCE THE RULES BY MANDAMUS, INJUNCTION, OR OTHER LEGAL REMEDY. 1,080
Sec. 505.261. To A BOARD OF TOWNSHIP TRUSTEES MAY acquire 1,089
suitable lands and materials, INCLUDING LANDSCAPE PLANTING AND 1,090
OTHER SITE IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND 1,091
24
RECREATIONAL EQUIPMENT AND APPARATUS, to establish a township 1,095
park pursuant to section 505.26 of the Revised Code, a board of 1,096
township trustees AND FOR THOSE PURPOSES may accept a conveyance 1,098
of, purchase for cash or by installment payments, enter into 1,099
lease-purchase agreements for, lease with option to purchase, or 1,100
lease the suitable lands and materials ISSUE, SUBJECT TO CHAPTER 1,101
133. OF THE REVISED CODE, SECURITIES AND OTHER PUBLIC OBLIGATIONS 1,105
AS DEFINED IN DIVISION (GG) OF SECTION 133.01 OF THE REVISED 1,108
CODE.
If the lands or materials are purchased, the board may pay 1,110
for them over a period of four THIRTY years from the date of 1,111
purchase, and may issue the notes SECURITIES of the township 1,113
covering the deferred payments and payable at the times provided 1,115
PURSUANT TO DIVISION (B)(3)(c) OF SECTION 133.20 OF THE REVISED 1,120
CODE. IF MATERIALS, INCLUDING LANDSCAPE PLANTING OR OTHER SITE 1,121
IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND RECREATIONAL 1,122
EQUIPMENT AND APPARATUS, ARE PURCHASED, THE BOARD MAY ISSUE 1,123
SECURITIES OF THE TOWNSHIP FOR THAT PURPOSE HAVING A MAXIMUM 1,124
MATURITY AS SPECIFIED IN DIVISION (B)(6)(e) OR (f) OF SECTION 1,127
133.20 OF THE REVISED CODE COVERING THE DEFERRED PAYMENTS. The 1,130
notes SECURITIES may bear interest not to exceed the rate 1,131
determined as provided in section 9.95 of the Revised Code. The 1,132
notes SECURITIES shall not be included in the computation of the 1,134
net indebtedness of the township under section 133.09 of the 1,135
Revised Code. The
THE resolution authorizing the issuance of the notes 1,138
SECURITIES shall provide for amounts sufficient to pay the 1,140
interest on and principal of the notes SECURITIES. For this
purpose, the board may expend funds from the township general 1,142
fund, or the board may levy a tax, not to exceed one-half of one 1,143
mill, on the taxable property of the township for a period not to 1,144
exceed four years. The tax shall be collected as other taxes and 1,145
appropriated to pay the interest on and principal of the notes. 1,146
Not less than one-fourth of the purchase price shall be paid in 1,147
25
cash at the time of purchase as provided in the contract and the 1,148
remainder of the purchase price shall be paid in annual 1,149
installments of not less than one-fourth of the total purchase 1,150
price secured by notes of equal amounts SECURITIES. The notes 1,152
SECURITIES shall contain an option for prepayment. The notes 1,153
SECURITIES shall be offered for sale on the open market or may be 1,155
given to the vendor or contractor if no sale is made on the open 1,156
market.
The board shall have surveys and plats made of the lands 1,158
acquired for a township park, and shall establish permanent 1,159
monuments on the boundaries of the lands. The plats, when 1,160
executed according to sections 711.01 to 711.38 of the Revised 1,161
Code, shall be recorded in the office of the county recorder, and 1,162
such records shall be admissible in evidence for the purpose of 1,163
locating and ascertaining the true boundaries of the park. In 1,164
furtherance of the use and enjoyment of the park lands controlled 1,165
by it, the board may accept donations of money or other property, 1,166
or may act as trustees of land, money, or other property, and use 1,167
and administer them as stipulated by the donor, or as provided in 1,168
the trust agreement. The terms of each donation or trust shall 1,169
first be approved by the court of common pleas before acceptance 1,170
by the board. 1,171
The board may receive and expend grants for park purposes 1,173
from agencies and instrumentalities of the United States or of 1,174
this state, and may enter into contracts or agreements with the 1,175
agencies and instrumentalities, or with other townships, township 1,176
park boards, municipal corporations, municipal park boards, 1,177
counties, park districts, or other similar park authorities, to 1,178
carry out the purposes for which the grants were furnished. 1,179
The board shall devise plans for the maintenance and 1,181
improvement of the park and award all contracts for maintenance 1,182
and improvement in the manner provided by the law governing 1,183
township trustees in awarding contracts for public improvements. 1,184
The board may appoint all necessary employees, fix their 1,185
26
compensation, and prescribe their duties. The board may prohibit 1,186
selling, giving away, or using any intoxicating liquors in the 1,187
township park, and may pass bylaws and adopt rules for the 1,188
government of the park and provide for their enforcement by fines 1,189
and penalties. 1,190
Sec. 505.262. (A) Notwithstanding division (D) of section 1,199
505.37 of the Revised Code or any other statute of this state, 1,200
the board of township trustees of any township may, by unanimous 1,201
vote, MAY adopt a resolution allowing the township to contract 1,202
for the purchase of equipment, buildings, and sites, or for the 1,203
construction of buildings, for any lawful township purpose. The 1,204
board may ISSUE, by resolution adopted by unanimous vote, issue 1,205
the notes SECURITIES of the township to finance purchases and 1,206
construction made pursuant to this division. The notes 1,208
SECURITIES shall be signed by the board and attested by the 1,210
signature of the township clerk, and shall be payable over a 1,211
period not exceeding nine years THE MAXIMUM MATURITY OF THOSE 1,212
SECURITIES IS SUBJECT TO THE LIMITATIONS IN SECTION 133.20 OF THE 1,213
REVISED CODE. The notes SECURITIES shall bear interest not to 1,214
exceed the rate determined as provided in section 9.95 of the 1,216
Revised Code, and shall not be subject to Chapter 133. of the 1,217
Revised Code. The resolution authorizing the issuance of the 1,218
notes shall provide for levying and collecting annually by 1,219
taxation, amounts sufficient to pay the interest on and principal 1,220
of the notes. Not less than one-tenth of the purchase price or 1,221
construction cost shall be paid in cash at the time of purchase, 1,222
as provided in the contract, and the remainder of the purchase 1,223
price or construction cost shall be paid in annual installments 1,224
of not less than one-tenth of the total purchase price or 1,225
construction cost, secured by notes of equal amounts. Notes in 1,226
amounts greater than one-tenth of the total purchase price or 1,227
construction cost may be issued. Notes may be issued for a 1,228
period of nine years or less and, if for a period of less than 1,229
nine years, the notes may be renewed from time to time, provided 1,230
27
that any renewal shall be paid in full no later than nine years 1,231
from the date when the initial notes were sold SECURITIES. The 1,232
notes SECURITIES may contain a clause permitting prepayment at 1,234
the option of the board. Notes SECURITIES shall be offered for 1,236
sale on the open market or given to the vendor or contractor if 1,237
no sale is made.
(B) No purchase or construction pursuant to division (A) 1,239
of this section shall be undertaken unless the county auditor 1,240
certifies that, if the purchase or construction is undertaken, 1,241
the debt service charge for the purchase or construction in the 1,242
first year, together with the debt service charge for that same 1,243
year for any other purchase or construction already undertaken 1,244
pursuant to division (A) of this section, does not exceed 1,245
one-tenth of the township's total revenue from all sources. If 1,246
the county auditor so certifies, in every year of the debt after 1,247
the first year, the county budget commission shall include a debt 1,248
charge in the township's annual tax budget submitted pursuant to 1,249
sections 5705.01 to 5705.47 of the Revised Code sufficient to 1,250
meet the annual debt incurred pursuant to division (A) of this 1,251
section, if such debt charge is omitted from the budget. 1,252
Sec. 505.264. (A) As used in this section, "energy 1,261
conservation measure" means an installation or modification of an 1,262
installation in, or remodeling of, an existing building, to 1,263
reduce energy consumption. It includes THE FOLLOWING: 1,264
(1) Insulation of the building structure and of systems 1,266
within the building; 1,267
(2) Storm windows and doors, multiglazed windows and 1,269
doors, heat-absorbing or heat-reflective glazed and coated window 1,270
and door systems, additional glazing, reductions in glass area, 1,271
and other window and door system modifications that reduce energy 1,272
consumption; 1,273
(3) Automatic energy control systems; 1,275
(4) Heating, ventilating, or air conditioning system 1,277
modifications or replacements; 1,278
28
(5) Caulking and weatherstripping; 1,280
(6) Replacement or modification of lighting fixtures to 1,282
increase the energy efficiency of the system without increasing 1,283
the overall illumination of a facility, unless such an increase 1,284
in illumination is necessary to conform to the applicable state 1,285
or local building code for the proposed lighting system; 1,286
(7) Energy recovery systems; 1,288
(8) Cogeneration systems that produce steam or forms of 1,290
energy such as heat, as well as electricity, for use primarily 1,291
within a building or complex of buildings; 1,292
(9) Any other modification, installation, or remodeling 1,294
approved by the board of township trustees as an energy 1,295
conservation measure. 1,296
(B) For the purpose of evaluating township buildings for 1,298
energy conservation measures, a township may contract with an 1,299
architect, professional engineer, energy services company, 1,300
contractor, or other person experienced in the design and 1,301
implementation of energy conservation measures for a report that 1,302
analyzes the buildings' energy needs and presents recommendations 1,303
for building installations, modifications of existing 1,304
installations, or building remodeling that would significantly 1,305
reduce energy consumption in the buildings owned by that 1,306
township. The report shall include estimates of all costs of 1,307
such THE installations, modifications, or remodeling, including 1,308
costs of design, engineering, installation, maintenance, and 1,310
repairs, and estimates of the amounts by which energy consumption 1,311
could be reduced. 1,312
(C) A township desiring to implement energy conservation 1,314
measures may proceed under either of the following methods: 1,315
(1) Using a report or any part of a report prepared under 1,317
division (B) of this section, advertise for bids and comply with 1,318
the bidding procedures set forth in sections 307.86 to 307.92 of 1,319
the Revised Code; 1,320
(2) Request proposals from at least three vendors for the 1,322
29
implementation of energy conservation measures. Prior to sending 1,323
any installer of energy conservation measures a copy of any such 1,324
request, the township shall advertise its intent to request 1,325
proposals for the installation of energy conservation measures in 1,326
a newspaper of general circulation in the township once a week 1,327
for two consecutive weeks. The notice shall state that the 1,328
township intends to request proposals for the installation of 1,329
energy conservation measures; indicate the date, which shall be 1,330
at least ten days after the second publication, on which the 1,331
request for proposals will be mailed to installers of energy 1,332
conservation measures; and state that any installer of energy 1,333
conservation measures interested in receiving the request for 1,334
proposal shall submit written notice to the township not later 1,335
than noon of the day on which the request for proposal will be 1,336
mailed. 1,337
Upon receiving the proposals the township shall analyze 1,339
them and select the proposal or proposals most likely to result 1,340
in the greatest energy savings considering the cost of the 1,341
project and the township's ability to pay for the improvements 1,342
with current revenues or by financing the improvements. The 1,343
awarding of a contract to install energy conservation measures 1,344
under division (C)(2) of this section shall be conditioned upon a 1,345
finding by the township that the amount of money spent on energy 1,346
savings measures is not likely to exceed the amount of money the 1,347
township would save in energy and operating costs over ten years 1,348
or a lesser period as determined by the township or, in the case 1,349
of contracts for cogeneration systems, over five years or a 1,350
lesser period as determined by the township. Nothing in this 1,351
section prohibits a township from rejecting all proposals or from 1,352
selecting more than one proposal. 1,353
(D) A board of township trustees may enter into an 1,355
installment payment contract for the purchase and installation of 1,356
energy conservation measures. Those ANY provisions of such THOSE 1,358
installment payment contracts that deal with interest charges and 1,359
30
financing terms shall not be subject to the competitive bidding 1,360
procedures of section 307.86 of the Revised Code, and shall be on 1,361
the following terms: 1,362
(1) Not less than one-tenth of the costs of the contract 1,364
shall be paid within two years from the date of purchase. 1,365
(2) The remaining balance of the costs of the contract 1,367
shall be paid within ten years from the date of purchase or, in 1,368
the case of contracts for cogeneration systems, within five years 1,369
from the date of purchase. UNLESS 1,370
Unless otherwise approved by a resolution of the board, an 1,372
installment payment contract entered into by a board of township 1,373
trustees under this section shall require the board to contract 1,374
in accordance with the procedures set forth in section 307.86 of 1,375
the Revised Code for the installation, modification, or 1,376
remodeling of energy conservation measures pursuant to this 1,377
section. 1,378
(E) The board may issue the notes SECURITIES of the 1,380
township specifying the terms of the purchase and securing the 1,381
deferred payments provided in this section, payable at the times 1,382
provided and bearing interest at a rate not exceeding the rate 1,383
determined as provided in section 9.95 of the Revised Code. THE 1,385
MAXIMUM MATURITY OF THE SECURITIES SHALL BE AS PROVIDED IN
DIVISION (B)(6)(g) OF SECTION 133.20 OF THE REVISED CODE. The 1,387
notes SECURITIES may contain an option for prepayment and shall 1,388
not be subject to Chapter 133. of the Revised Code. Revenues 1,389
derived from local taxes or otherwise, for the purpose of 1,390
conserving energy or for defraying the current operating expenses 1,391
of the township, may be applied to the payment of interest and 1,392
the retirement of such notes THE SECURITIES. The notes 1,393
SECURITIES may be sold at private sale or given to the contractor 1,395
under the installment payment contract authorized by division (D) 1,396
of this section.
(F) Debt incurred under this section shall not be included 1,398
in the calculation of the net indebtedness of a township under 1,399
31
section 133.09 of the Revised Code. 1,400
Sec. 505.37. (A) The board of township trustees may 1,409
establish all necessary rules to guard against the occurrence of 1,410
fires and to protect the property and lives of the citizens 1,411
against damage and accidents, and may, with the approval of the 1,412
specifications by the prosecuting attorney, purchase or otherwise 1,413
provide any fire apparatus, mechanical resuscitators, or other 1,414
equipment, appliances, materials, fire hydrants, and water supply 1,415
for fire-fighting purposes that seems advisable to the board. The 1,417
board shall provide for the care and maintenance of fire
equipment, and, for such THESE purposes, may purchase, lease, or 1,418
construct and maintain necessary buildings, and it may establish 1,419
and maintain lines of fire-alarm communications within the limits 1,420
of the township. The board may employ one or more persons to 1,421
maintain and operate fire-fighting equipment, or it may enter 1,422
into an agreement with a volunteer fire company for the use and 1,423
operation of fire-fighting equipment. The board may compensate 1,424
the members of a volunteer fire company on any basis and in any 1,425
amount that it considers equitable. 1,426
(B) The boards of township trustees of any two or more 1,428
townships, or the legislative authorities of any two or more 1,429
political subdivisions, or any combination thereof, may, through 1,430
joint action, unite in the joint purchase, maintenance, use, and 1,431
operation of fire-fighting equipment, or for any other purpose 1,432
designated in sections 505.37 to 505.42 of the Revised Code, and 1,433
may prorate the expense of the joint action on any terms that are 1,434
mutually agreed upon. 1,435
(C) The board of township trustees of any township may, by 1,437
resolution, whenever it is expedient and necessary to guard 1,438
against the occurrence of fires or to protect the property and 1,439
lives of the citizens against damages resulting from their 1,440
occurrence, create a fire district of any portions of the 1,441
township that it considers necessary. The board may purchase or 1,442
otherwise provide any fire apparatus, appliances, materials, fire 1,443
32
hydrants, and water supply for fire-fighting purposes, or may 1,444
contract for the fire protection for the fire district as 1,445
provided in section 9.60 of the Revised Code. The fire district 1,446
so created shall be given a separate name by which it shall be 1,447
known. 1,448
Additional unincorporated territory of the township may be 1,450
added to a fire district upon the board's adoption of a 1,451
resolution authorizing the addition. A municipal corporation 1,452
that is within or adjoining the township may be added to a fire 1,453
district upon the board's adoption of a resolution authorizing 1,454
the addition and the municipal legislative authority's adoption 1,455
of a resolution or ordinance requesting the addition of the 1,456
municipal corporation to the fire district. 1,457
If the township fire district imposes a tax, additional 1,459
unincorporated territory of the township or a municipal 1,460
corporation that is within or adjoining the township shall become 1,461
part of the fire district only after all of the following have 1,462
occurred: 1,463
(1) Adoption by the board of township trustees of a 1,465
resolution approving the expansion of the territorial limits of 1,466
the district and, if the resolution proposes to add a municipal 1,467
corporation, adoption by the municipal legislative authority of a 1,468
resolution or ordinance requesting the addition of the municipal 1,469
corporation to the district; 1,470
(2) Adoption by the board of township trustees of a 1,472
resolution recommending the extension of the tax to the 1,473
additional territory; 1,474
(3) Approval of the tax by the electors of the territory 1,476
proposed for addition to the district. 1,477
Each resolution of the board adopted under division (C)(2) 1,479
of this section shall state the name of the fire district, a 1,480
description of the territory to be added, and the rate and 1,481
termination date of the tax, which shall be the rate and 1,482
termination date of the tax currently in effect in the fire 1,483
33
district. 1,484
The board of trustees shall certify each resolution adopted 1,486
under division (C)(2) of this section to the board of elections 1,487
in accordance with section 5705.19 of the Revised Code. The 1,488
election required under division (C)(3) of this section shall be 1,489
held, canvassed, and certified in the manner provided for the 1,490
submission of tax levies under section 5705.25 of the Revised 1,491
Code, except that the question appearing on the ballot shall 1,492
read: 1,493
"Shall the territory within ........................ 1,495
(description of the proposed territory to be added) 1,496
be added to ..................................... fire district, 1,498
(name) 1,499
and a property tax at a rate of taxation not exceeding ...... 1,501
(here insert tax rate) be in effect for .......... (here insert 1,502
the number of years the tax is to be in effect or "a continuing 1,503
period of time," as applicable)?" 1,504
If the question is approved by at least a majority of the 1,506
electors voting on it, the joinder shall be effective as of the 1,507
first day of July of the year following approval, and on that 1,508
date, the township fire district tax shall be extended to the 1,509
taxable property within the territory that has been added. If 1,510
the territory that has been added is a municipal corporation and 1,511
if it had adopted a tax levy for fire purposes, the levy is 1,512
terminated on the effective date of the joinder. 1,513
Any municipal corporation may withdraw from a township fire 1,515
district created under division (C) of this section by the 1,516
adoption by the municipal legislative authority of a resolution 1,517
or ordinance ordering withdrawal. On the first day of July of 1,518
the year following the adoption of the resolution or ordinance of 1,519
withdrawal, the municipal corporation withdrawing ceases to be a 1,520
part of such THE district, and the power of the fire district to 1,522
levy a tax upon taxable property in the withdrawing municipal 1,523
corporation terminates, except that the fire district shall 1,524
34
continue to levy and collect taxes for the payment of 1,525
indebtedness within the territory of the fire district as it was 1,526
composed at the time the indebtedness was incurred. 1,527
Upon the withdrawal of any municipal corporation from a 1,529
township fire district created under division (C) of this 1,530
section, the county auditor shall ascertain, apportion, and order 1,531
a division of the funds on hand, moneys and taxes in the process 1,532
of collection except for taxes levied for the payment of 1,533
indebtedness, credits, and real and personal property, either in 1,534
money or in kind, on the basis of the valuation of the respective 1,535
tax duplicates of the withdrawing municipal corporation and the 1,536
remaining territory of the fire district. 1,537
A board of township trustees may remove unincorporated 1,539
territory of the township from the fire district upon the 1,540
adoption of a resolution authorizing the removal. On the first 1,541
day of July of the year following the adoption of such a THE 1,542
resolution, the unincorporated township territory described in 1,543
the resolution ceases to be a part of such THE district, and the 1,545
power of the fire district to levy a tax upon taxable property in 1,546
that territory terminates, except that the fire district shall 1,547
continue to levy and collect taxes for the payment of 1,548
indebtedness within the territory of the fire district as it was 1,549
composed at the time the indebtedness was incurred. 1,550
(D) The board of township trustees of any township, the 1,552
board of fire district trustees of a fire district created under 1,553
section 505.371 of the Revised Code, or the legislative authority 1,554
of any municipal corporation may purchase the necessary 1,555
fire-fighting equipment, buildings, and sites for the township, 1,556
fire district, or municipal corporation and pay for it over a 1,557
period of nine years ISSUE SECURITIES FOR THAT PURPOSE WITH 1,558
MAXIMUM MATURITIES AS PROVIDED IN SECTION 133.20 OF THE REVISED 1,560
CODE. The board of township trustees, board of fire district 1,561
trustees, or legislative authority may also construct any 1,562
buildings necessary to house fire-fighting equipment and pay for 1,563
35
the buildings over a period of nine years ISSUE SECURITIES FOR 1,564
THAT PURPOSE WITH MAXIMUM MATURITIES AS PROVIDED IN SECTION 1,565
133.20 OF THE REVISED CODE. The board of township trustees, 1,566
board of fire district trustees, or legislative authority may 1,567
issue the notes SECURITIES of the township, fire district, or 1,569
municipal corporation, signed by the board or designated officer 1,570
of the municipal corporation and attested by the signature of the 1,571
township, fire district, or municipal clerk, covering such ANY 1,572
deferred payments and payable at the times provided, which notes 1,573
SECURITIES shall bear interest not to exceed the rate determined 1,575
as provided in section 9.95 of the Revised Code, and shall not be 1,576
subject to Chapter 133. of the Revised Code. The legislation 1,577
authorizing the issuance of the notes SECURITIES shall provide 1,578
for levying and collecting annually by taxation, amounts 1,579
sufficient to pay the interest on and principal of the notes. At 1,580
least one-ninth of the purchase price or construction cost shall 1,581
be paid in cash at the time of purchase as provided in the 1,582
contract and the remainder of the purchase price or construction 1,583
cost shall be paid in not more than eight equal annual 1,584
installments. Each installment shall be not less than one-eighth 1,585
of the deferred portion of the purchase price or construction 1,586
cost and shall be secured by a note which may contain a clause 1,587
permitting prepayment at the option of the board or legislative 1,588
authority SECURITIES. The notes SECURITIES shall be offered for 1,590
sale on the open market or given to the vendor or contractor if 1,591
no sale is made.
(E) A board of township trustees of any township or a 1,593
board of fire district trustees of a fire district created under 1,594
section 505.371 of the Revised Code may purchase a policy or 1,595
policies of liability insurance for the officers, employees, and 1,596
appointees of the fire department, fire district, or joint fire 1,597
district governed by the board that includes personal injury 1,598
liability coverage as to the civil liability of such THOSE 1,599
officers, employees, and appointees for false arrest, detention, 1,601
36
or imprisonment, malicious prosecution, libel, slander, 1,602
defamation or other violation of the right of privacy, wrongful 1,603
entry or eviction, or other invasion of the right of private 1,604
occupancy, arising out of the performance of their duties. 1,605
When a board of township trustees cannot, by deed of gift 1,607
or by purchase and upon terms it considers reasonable, procure 1,608
land for a township fire station that is needed in order to 1,609
respond in reasonable time to a fire or medical emergency, the 1,610
board may appropriate such land for that purpose under sections 1,611
163.01 to 163.22 of the Revised Code. If it is necessary to 1,612
acquire additional adjacent land for enlarging or improving the 1,613
fire station, the board may purchase, appropriate, or accept a 1,614
deed of gift for the land for these purposes. 1,615
(F) As used in this division, "emergency medical service 1,617
organization" has the same meaning as in section 4766.01 of the 1,618
Revised Code. 1,619
A board of township trustees, by adoption of an appropriate 1,621
resolution, may choose to have the Ohio ambulance licensing board 1,622
license any emergency medical service it operates. If the board 1,623
adopts such a resolution, Chapter 4766. of the Revised Code, 1,624
except for sections 4766.06 and 4766.99 of the Revised Code, 1,625
applies to the organization. All rules adopted under the 1,627
applicable sections of that chapter also apply to the 1,628
organization. A board of township trustees, by adoption of an 1,629
appropriate resolution, may remove its emergency medical service 1,630
organization from the jurisdiction of the Ohio ambulance 1,631
licensing board.
Sec. 505.701. The board of trustees of any township, 1,640
through unanimous vote of its membership, may designate, 1,641
participate in, and cooperate with any community improvement 1,642
corporation organized under Chapter 1724. of the Revised Code, 1,643
and may give financial or other assistance, including any fees
generated by the corporation, to such a THAT corporation to 1,645
defray its administrative expenses. Any moneys contributed by 1,647
37
the board for this purpose shall be drawn from the general fund 1,648
of the township not otherwise appropriated.
IN ADDITION, THE BOARD MAY PURCHASE REAL PROPERTY FOR THE 1,651
PURPOSE OF TRANSFERRING THAT PROPERTY TO THE COMMUNITY
IMPROVEMENT CORPORATION. IN ORDER TO FINANCE THE PURCHASE OF 1,652
THAT REAL PROPERTY, THE BOARD MAY ISSUE GENERAL OBLIGATION BONDS 1,654
OF THE TOWNSHIP IN ACCORDANCE WITH CHAPTER 133. OF THE REVISED 1,657
CODE, FOR WHICH THE FULL FAITH AND CREDIT OF THE TOWNSHIP SHALL 1,658
BE PLEDGED.
Sec. 709.50. (A) Notwithstanding any other section of the 1,667
Revised Code, when a township contains at least ninety per cent 1,668
of the geographic area of a municipal corporation, either that 1,669
township or the municipal corporation may remove that part of 1,670
that township that is located within the municipal corporation 1,671
from that township if all of the following apply: 1,672
(1) The electors of the township and the municipal 1,674
corporation have voted to approve the establishment of a merger 1,675
commission pursuant to section 709.45 of the Revised Code. 1,676
(2) The unincorporated territory of the township has a 1,678
population of more than nine thousand. 1,679
(3) The township has previously adopted the A limited 1,681
self-government form of township HOME RULE government under 1,682
Chapter 504. of the Revised Code and a township zoning resolution 1,683
under Chapter 519. of the Revised Code. 1,685
(4) Not later than December 31, 1994, either the township 1,687
adopts a resolution or the municipal corporation adopts a 1,688
resolution or ordinance to remove that part of the township that 1,689
is located in the municipal corporation from the township. Any 1,690
resolution or ordinance adopted under division (A)(4) of this 1,691
section shall include an accurate description of the land to be 1,692
removed. The political subdivision that adopts an ordinance or 1,693
resolution under division (A)(4) of this section shall file with 1,694
the county recorder a copy of it certified by the county auditor, 1,695
together with a map or plat certified by the county auditor of 1,696
38
the land to be removed. The county recorder shall record the 1,697
ordinance or resolution and the map or plat. 1,698
(B) If either the township or the municipal corporation 1,700
takes the action described in division (A)(4) of this section, 1,701
the removal shall occur. After the removal, the unincorporated 1,702
territory of the township shall no longer receive any revenue by 1,703
virtue of its relationship to the municipal corporation. As soon 1,704
as practicable after a removal occurs under this section, the 1,705
board of county commissioners shall ascertain whether there is 1,706
any joint indebtedness of the unincorporated territory of the 1,707
township and the municipal corporation. If there is any such 1,708
indebtedness, the board of county commissioners shall apportion 1,709
it in accordance with section 503.10 of the Revised Code. 1,710
(C)(1) If a removal occurs under this section, all or part 1,712
of the unincorporated territory of the township may become a 1,713
village if the board of township trustees adopts, by unanimous 1,714
vote, a resolution for all or part of that territory to become a 1,715
village. The board of township trustees shall file with the 1,716
county recorder a copy of any resolution it adopts under division 1,717
(C)(1) of this section certified by the county auditor, together 1,718
with a map or plat certified by the county auditor of the land to 1,719
be included in the village. The county recorder shall record the 1,720
resolution and the map or plat. Once the board adopts a 1,721
resolution under division (C)(1) of this section, no land within 1,722
the area that will constitute the village may be annexed, and any 1,723
pending annexation proceeding that includes land in that area 1,724
shall be considered to be terminated with regard to that land. 1,725
(2) If the board does not adopt a resolution under 1,727
division (C)(1) of this section, or if the board adopts such a 1,728
resolution in which only a part of the unincorporated territory 1,729
becomes a village, the board of county commissioners shall attach 1,730
all the unincorporated territory that does not become a village 1,731
to any township contiguous to that territory or erect that 1,732
territory into a new township, the boundaries of which need not 1,733
39
include twenty-two square miles of territory. 1,734
(D) If a board of township trustees adopts a resolution 1,736
under division (C)(1) of this section for all or part of the 1,737
township's unincorporated territory to become a village, the 1,738
board shall serve as the legislative authority of the area 1,739
constituting the village until the next regular municipal 1,740
election that occurs at least seventy-five days after the 1,741
adoption of the resolution. At that election, the legislative 1,742
authority of the village shall be elected under section 731.09 of 1,743
the Revised Code and all other officers of the village shall be 1,744
elected under Chapter 733. of the Revised Code. 1,745
Sec. 711.05. (A) Upon the submission of a plat for 1,754
approval, in accordance with section 711.041 of the Revised Code, 1,755
the board of county commissioners shall certify thereon ON IT the 1,756
date of the submission. Within five days of submission of the 1,758
plat, the board shall schedule a meeting to consider the plat and 1,759
send a written notice by certified REGULAR mail, return receipt 1,760
requested, to the clerk of the board of township trustees of the 1,762
township in which the plat is located. The notice shall inform 1,763
the trustees of the submission of the plat and of the date, time, 1,764
and location of any meeting at which the board of county 1,765
commissioners will consider or act upon the proposed plat. The 1,766
meeting shall take place within thirty days of submission of the 1,767
plat, and no meeting shall be held until at least seven days have 1,768
passed from the date the notice was sent by the board of county 1,769
commissioners. The approval of the board required by section 1,770
711.041 of the Revised Code or the refusal to approve shall take 1,771
place within thirty days from the date of submission or such 1,772
further time as the applying party may agree to in writing; 1,773
otherwise the plat is deemed approved and may be recorded as if 1,774
bearing such approval. The 1,775
(B) THE board may adopt general rules governing plats and 1,778
subdivisions of land falling within its jurisdiction, to secure 1,779
and provide for the coordination of the streets within the 1,780
40
subdivision with existing streets and roads or with existing 1,781
county highways, for the proper amount of open spaces for 1,782
traffic, circulation, and utilities, and for the avoidance of 1,783
future congestion of population detrimental to the public health, 1,784
safety, or welfare but shall not impose a greater minimum lot 1,785
area than forty-eight hundred square feet. The BEFORE THE BOARD 1,786
MAY AMEND OR ADOPT RULES, IT SHALL NOTIFY ALL THE TOWNSHIPS IN 1,787
THE COUNTY OF THE PROPOSED AMENDMENTS OR RULES BY REGULAR MAIL AT 1,788
LEAST THIRTY DAYS BEFORE THE PUBLIC MEETING AT WHICH THE PROPOSED 1,789
AMENDMENTS OR RULES ARE TO BE CONSIDERED. 1,790
THE rules may require the county department of health to 1,793
review and comment on a plat before the board of county 1,794
commissioners acts upon it and may also require proof of 1,795
compliance with any applicable zoning resolutions as a basis for 1,797
approval of a plat. Where under the provisions of section 1,798
711.101 of the Revised Code the board of county commissioners has 1,799
set up standards and specifications for the construction of 1,800
streets, utilities, and other improvements for common use, such 1,801
general rules may require the submission of appropriate plans and 1,802
specifications for approval. The board shall not require the 1,803
person submitting the plat to alter the plat or any part of it as 1,804
a condition for approval, as long as the plat is in accordance 1,805
with general rules governing plats and subdivisions of land, 1,806
adopted by the board as provided in this section, in effect at 1,807
the time the plat was submitted and the plat is in accordance 1,808
with any standards and specifications set up under section 1,809
711.101 of the Revised Code, in effect at the time the plat was 1,810
submitted. The
(C) THE ground of refusal to approve any plat, submitted 1,814
in accordance with section 711.041 of the Revised Code, shall be 1,815
stated upon the record of the board, and, within sixty days 1,816
thereafter, the person submitting any plat which THAT the board 1,817
refuses to approve may file a petition in the court of common 1,819
pleas of the county in which the land described in the plat is 1,820
41
situated to review the action of such THE board. A board of 1,822
township trustees is not entitled to appeal a decision of the 1,823
board of county commissioners under this section.
Sec. 711.10. Whenever a county planning commission or a 1,832
regional planning commission adopts a plan for the major streets 1,833
or highways of the county or region, then no plat of a 1,834
subdivision of land within the county or region, other than land 1,835
within a municipal corporation or land within three miles of a 1,836
city or one and one-half miles of a village as provided in 1,837
section 711.09 of the Revised Code, shall be recorded until it is 1,838
approved by the county or regional planning commission and the 1,839
approval is endorsed in writing on the plat. Within five days 1,840
after the submission of a plat for approval, the county or 1,842
regional planning commission shall schedule a meeting to consider 1,843
the plat and send a written notice by certified REGULAR mail, 1,844
return receipt requested, to the clerk of the board of township 1,846
trustees of the township in which a proposed plat is located. 1,847
The notice shall inform the trustees of the submission of the 1,848
proposed plat and of the date, time, and location of any meeting 1,849
at which the county or regional planning commission will consider 1,850
or act upon the proposed plat. The meeting shall take place 1,851
within thirty days after submission of the plat, and no meeting 1,852
shall be held until at least seven days have passed from the date 1,854
the notice was sent by the planning commission. The approval of 1,855
the planning commission or the refusal to approve shall be 1,856
endorsed on the plat within thirty days after the submission of 1,857
the plat for approval, or within such further time as the 1,858
applying party may agree to in writing; otherwise that plat is 1,859
deemed approved, and the certificate of the planning commission 1,860
as to the date of the submission of the plat for approval and the 1,861
failure to take action on it within that time shall be sufficient 1,863
in lieu of the written endorsement or evidence of approval 1,864
required by this section. A county or regional planning 1,865
commission shall not require a person submitting the plat to 1,866
42
alter the plat or any part of it as a condition for approval, as 1,867
long as the plat is in accordance with the general rules 1,868
governing plats and subdivisions of land, adopted by the 1,869
commission as provided in this section, in effect at the time the 1,870
plat was submitted. The ground of refusal of approval of any 1,871
plat submitted, including citation of or reference to the rule 1,872
violated by the plat, shall be stated upon the record of the 1,873
commission. Within sixty days after the refusal, the person 1,874
submitting any plat which the county or regional planning 1,876
commission refuses to approve may file a petition in the court of 1,877
common pleas of the proper county and the proceedings on the 1,878
petition shall be governed by section 711.09 of the Revised Code 1,880
as in the case of the refusal of a planning authority to approve 1,881
a plat. A board of township trustees is not entitled to appeal a 1,882
decision of the county or regional planning commission under this 1,883
section.
Any such county or regional planning commission shall adopt 1,885
general rules, of uniform application, governing plats and 1,886
subdivisions of land falling within its jurisdiction, to secure 1,887
and provide for the proper arrangement of streets or other 1,888
highways in relation to existing or planned streets or highways 1,889
or to the county or regional plan, for adequate and convenient 1,890
open spaces for traffic, utilities, access of fire-fighting 1,891
apparatus, recreation, light, and air, and for the avoidance of 1,892
congestion of population. The rules may provide for their 1,893
modification by the county or regional planning commission in 1,895
specific cases where unusual topographical and other exceptional 1,896
conditions require the modification. The rules may require the 1,897
county department of health to review and comment on a plat 1,898
before the county or regional planning commission acts upon it 1,899
and may also require proof of compliance with any applicable 1,900
zoning resolutions as a basis for approval of a plat. 1,901
Before adoption of its rules or amendment of its rules, a 1,904
public hearing shall be held on the adoption or amendment by the 1,906
43
commission. However, no county or regional planning commission 1,907
shall adopt any rules requiring actual construction of streets or 1,908
other improvements or facilities or assurance of that 1,909
construction as a condition precedent to the approval of a plat 1,910
of a subdivision unless the requirements have first been adopted 1,911
by the board of county commissioners after a public hearing. A 1,913
copy of the rules shall be certified by the planning commission 1,914
to the county recorders of the appropriate counties. After a 1,915
county or regional street or highway plan has been adopted as 1,916
provided in this section, the approval of plats and subdivisions 1,917
provided for in this section shall be in lieu of any approvals 1,918
provided for in other sections of the Revised Code, so far as the 1,919
territory within the approving jurisdiction of the county or 1,920
regional planning commission, as provided in this section, is 1,921
concerned. Approval of a plat shall not be an acceptance by the 1,922
public of the dedication of any street, highway, or other way or 1,923
open space shown upon the plat. Any such county or regional 1,924
planning commission and a city or village planning commission, or 1,925
platting commissioner or legislative authority of a village, with 1,926
subdivision regulation jurisdiction over unincorporated territory 1,927
within the county or region may cooperate and agree by written 1,928
agreement that the approval of a plat by the city or village 1,929
planning commission, or platting commissioner or legislative 1,930
authority of a village, as provided in section 711.09 of the 1,931
Revised Code, shall be conditioned upon receiving advice from or 1,932
approval by the county or regional planning commission. 1,933
Sec. 713.22. (A) The board of county commissioners of any 1,942
county may, and on petition of the planning commissions of a 1,943
majority of the municipal corporations in the county having such 1,944
planning commission COMMISSIONS shall, provide for the 1,945
organization and maintenance of a county planning commission. 1,947
Such A county planning commission shall consist of eight citizens 1,948
of the county MEMBERS appointed by the board, together with the 1,949
members of the board. If the population of any city in the 1,950
44
county exceeds fifty per cent of the total population of the 1,951
county, then at least three of the appointive members shall be 1,952
selected from persons nominated by the planning commission of 1,953
such THAT city. The OTHERWISE, THREE MEMBERS SHALL BE APPOINTED 1,954
FROM MUNICIPAL CORPORATIONS WITHIN THE COUNTY. THE BOARD SHALL 1,955
APPOINT THREE MEMBERS FROM THE UNINCORPORATED AREA OF THE COUNTY 1,957
FROM PERSONS NOMINATED BY THE TOWNSHIPS TO THE COUNTY. IF THE 1,958
COUNTY CONTAINS ONE OR MORE LIMITED HOME RULE GOVERNMENT 1,959
TOWNSHIPS, THEN AT LEAST ONE OF THESE THREE TOWNSHIP APPOINTEES 1,960
SHALL BE FROM THE NOMINEES OF A LIMITED HOME RULE GOVERNMENT 1,961
TOWNSHIP. THE REMAINING TWO APPOINTEES SHALL BE SELECTED AT THE 1,962
DISCRETION OF THE BOARD AND SHALL BE CITIZENS OF THE COUNTY, ONE 1,963
RESIDING IN THE UNINCORPORATED AREA OF THE COUNTY AND 1,964
REPRESENTING TOWNSHIPS AND THE OTHER RESIDING IN THE INCORPORATED 1,965
AREA OF THE COUNTY AND REPRESENTING MUNICIPAL CORPORATIONS IN THE 1,966
COUNTY.
THE appointive members shall be appointed for terms of 1,969
three years, except that of the eight members first appointed 1,970
three shall be appointed for terms of two years and two shall be 1,971
appointed for a term of one year. The members shall serve 1,972
without pay. Any member of a county planning commission may hold 1,973
any other public office and may serve as a member of a city, 1,974
village, and regional planning commission, except as otherwise 1,975
provided in the charter of any city or village. 1,976
(B) THE EXPENSES OF THE APPOINTED MEMBERS OF THE COUNTY 1,978
PLANNING COMMISSION AND THE COMPENSATION OF PLANNING COMMISSION 1,979
EMPLOYEES SHALL BE PAID FROM APPROPRIATIONS MADE BY THE BOARD. 1,981
The county planning commission may employ engineers, 1,983
accountants, consultants, and employees as are necessary, and 1,984
make such purchases as may be needed to the furtherance of its 1,985
operation. 1,986
The county planning commission may accept, receive, and 1,988
expend funds, grants, and services from the federal government or 1,989
its agencies, from departments, agencies, and instrumentalities 1,990
45
of this state or any adjoining state or from one or more counties 1,991
of this state or any adjoining state or from any municipal 1,992
corporation or political subdivision of this or any adjoining 1,993
state, including county, regional, and municipal planning 1,994
commission of this or any adjoining state, or from civic sources, 1,995
and contract with respect thereto, either separately or jointly 1,996
or cooperatively, and provide such information and reports as may 1,997
be necessary to secure such financial aid. 1,998
The compensation of such employees and the expenses of the 2,000
appointive members of the county planning commission shall be 2,001
paid from appropriations made by the board. 2,002
(C) A COUNTY PLANNING COMMISSION MAY ADOPT A POLICY UNDER 2,005
WHICH MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS, AS MEMBERS OF 2,006
THAT COMMISSION, MUST ABSTAIN FROM PARTICIPATING AND VOTING ON 2,007
THE COMMISSION'S RECOMMENDATION, WHENEVER A COUNTY PLANNING 2,008
COMMISSION IS REQUIRED BY SECTION 303.12 OF THE REVISED CODE TO 2,010
RECOMMEND THE APPROVAL OR DENIAL OF A PROPOSED AMENDMENT OR 2,011
APPROVAL OF SOME MODIFICATION OF AN AMENDMENT TO THE COUNTY 2,012
ZONING RESOLUTION, OR REQUIRED BY SECTION 303.07 OF THE REVISED 2,015
CODE TO APPROVE OR DISAPPROVE, OR MAKE SUGGESTIONS ABOUT, A
PROPOSED COUNTY ZONING RESOLUTION. THE POLICY MAY REQUIRE THAT A 2,017
QUORUM OF THE COMMISSION UNDER THOSE CIRCUMSTANCES BE DETERMINED 2,018
ON THE BASIS OF AN EIGHT-MEMBER COMMISSION INSTEAD OF AN 2,019
ELEVEN-MEMBER COMMISSION. 2,020
Sec. 1901.026. (A) The current operating costs of a 2,029
municipal court, other than a county-operated municipal court, 2,030
that has territorial jurisdiction under section 1901.02 or 2,031
1901.182 of the Revised Code that extends beyond the corporate 2,032
limits of the municipal corporation in which the court is located 2,033
shall be apportioned pursuant to this section among all of the 2,034
municipal corporations and townships that are within the 2,035
territory of the court. Each municipal corporation and each 2,036
township within the territory of the municipal court shall be 2,037
assigned a proportionate share of the current operating costs of 2,038
46
the municipal court that is equal to the percentage of the total 2,039
criminal and civil caseload of the municipal court that arose in 2,040
that municipal corporation or township. Each municipal 2,041
corporation and each township then shall be liable for its 2,042
assigned proportionate share of the current operating costs of 2,043
the court, subject to division (B) of this section. 2,044
For purposes of this section, the criminal and civil 2,046
caseload that arose in a municipal corporation or township is the 2,047
total number of criminal cases filed in the municipal court 2,048
during the preceding calendar year that arose out of offenses 2,049
that occurred in the municipal corporation or township and the 2,050
total number of civil cases filed in the municipal court during 2,051
the preceding calendar year in which the address of the majority 2,052
of the defendants that are designated in the caption of the case 2,053
and that have addresses within municipal corporations or 2,054
townships within the territory of the court is within the 2,055
municipal corporation or township or, if there is no majority of 2,056
such defendants, in which the address of the first such defendant 2,057
is within the municipal corporation or township. 2,058
(B) A municipal corporation or township within the 2,060
territory of a municipal court is not required to pay that part 2,061
of its proportionate share of the current operating costs of the 2,062
court, as determined in accordance with division (A) of this 2,063
section, that exceeds the total amount of costs, fees, fines, 2,064
bail, or other moneys that was disbursed by the clerk of the 2,065
court under division (F) of section 1901.31 of the Revised Code, 2,066
to the municipal corporation or township during the period for 2,067
which its proportionate share of the current operating costs was 2,068
determined. The municipal corporation in which the court is 2,069
located is liable, in addition to its proportionate share, for 2,070
any part of the proportionate share of a municipal corporation or 2,071
township that the municipal corporation or township is not 2,072
required to pay under this division. 2,073
(C) The auditors or chief fiscal officers of each of the 2,075
47
municipal corporations and townships within the territory of a 2,076
municipal court for which the current operating costs are 2,077
apportioned under this section shall meet not less than once each 2,078
six months at the office of the auditor or chief fiscal officer 2,079
of the municipal corporation in which the court is located to 2,080
determine the proportionate share due from each municipal 2,081
corporation and each township, to determine whether any municipal 2,082
corporation or township is not required to pay any part of its 2,083
proportionate share under division (B) of this section, and to 2,084
adjust accounts. The meetings shall be held at the direction of 2,085
the auditor or chief fiscal officer of the municipal corporation 2,086
in which the court is located, and he THE AUDITOR OR CHIEF FISCAL 2,087
OFFICER shall preside at the meetings. The proportionate share 2,089
of each of the municipal corporations and townships, as reduced 2,090
or increased in accordance with division (B) of this section, is 2,091
payable from the general fund of the municipal corporation or 2,092
township or from any other fund designated or funds appropriated 2,093
for the purpose of paying the particular municipal corporation's 2,094
or township's proportionate share of the current operating costs 2,095
of the court.
The court of common pleas of the county in which a 2,097
municipal court for which the current operating costs are 2,098
apportioned under this section is located has jurisdiction over 2,099
any civil action that is commenced to determine the current 2,100
operating costs of the court, the proportionate share of the 2,101
current operating costs to be paid by a particular municipal 2,102
corporation or township within the territory of the court, or 2,103
whether a municipal corporation or township is not required to 2,104
pay any part of its proportionate share under division (B) of 2,105
this section. 2,106
(D) For purposes of this section: 2,108
(1) "Operating costs" means the figure that is derived by 2,110
subtracting the total of all costs that are collected and paid to 2,111
the city treasury by the clerk of the municipal court pursuant to 2,112
48
division (F) of section 1901.31 of the Revised Code and all 2,113
interest received and paid to the city treasury in relation to 2,114
the costs pursuant to division (G) of section 1901.31 of the 2,115
Revised Code from the total of the amounts payable from the city 2,116
treasury for the operation of the court pursuant to sections 2,117
1901.10, 1901.11, 1901.111, 1901.12, 1901.31, 1901.311, 1901.312, 2,118
1901.32, 1901.33, 1901.331, 1901.36, 1901.37, and 1901.38 of the 2,119
Revised Code, other than any amounts payable from the city 2,120
treasury for the operation of the court involving construction, 2,121
capital improvements, rent, or the provision of heat and light. 2,122
(2) "Township" means a township that has adopted the A 2,124
limited self-government form of HOME RULE government pursuant to 2,125
Chapter 504. of the Revised Code. 2,126
(3) "Criminal caseload" when used in regard to a township 2,128
means cases arising from a violation of a township resolution for 2,129
which a fine is imposed under Chapter 504. of the Revised Code. 2,130
Sec. 2921.421. (A) As used in this section: 2,139
(1) "Chief legal officer" has the same meaning as in 2,141
section 733.621 of the Revised Code. 2,142
(2) "Political subdivision" means a county, a municipal 2,144
corporation, or a township that adopts the A limited 2,145
self-government form of HOME RULE government under Chapter 504. 2,146
of the Revised Code. 2,147
(B) A prosecuting attorney may appoint assistants and 2,149
employees, except a member of the family of the prosecuting 2,150
attorney, in accordance with division (B) of section 309.06 of 2,151
the Revised Code, a chief legal officer of a municipal 2,152
corporation or an official designated as prosecutor in a 2,153
municipal corporation may appoint assistants and employees, 2,154
except a member of the family of the chief legal officer or 2,155
official designated as prosecutor, in accordance with section 2,156
733.621 of the Revised Code, and a township law director 2,157
appointed under section 504.15 of the Revised Code may appoint 2,158
assistants and employees, except a member of the family of the 2,159
49
township law director, in accordance with section 504.151 of the 2,160
Revised Code, if all of the following apply: 2,161
(1) The services to be furnished by the appointee or 2,163
employee are necessary services for the political subdivision or 2,164
are authorized by the legislative authority, governing board, or 2,165
other contracting authority of the political subdivision. 2,166
(2) The treatment accorded the political subdivision is 2,168
either preferential to or the same as that accorded other clients 2,169
or customers of the appointee or employee in similar 2,170
transactions, or the legislative authority, governing board, or 2,171
other contracting authority of the political subdivision, in its 2,172
sole discretion, determines that the compensation and other terms 2,173
of appointment or employment of the appointee or employee are 2,174
fair and reasonable to the political subdivision. 2,175
(3) The appointment or employment is made after prior 2,177
written disclosure to the legislative authority, governing board, 2,178
or other contracting authority of the political subdivision of 2,179
the business relationship between the prosecuting attorney, the 2,180
chief legal officer or official designated as prosecutor in a 2,181
municipal corporation, or the township law director and his THE 2,183
appointee or employee THEREOF. In the case of a municipal
corporation, the disclosure may be made or evidenced in an 2,185
ordinance, resolution, or other document that does either or both 2,186
of the following: 2,187
(a) Authorizes the furnishing of services as required 2,189
under division (B)(1) of this section; 2,190
(b) Determines that the compensation and other terms of 2,192
appointment or employment of the appointee or employee are fair 2,193
and reasonable to the political subdivision as required under 2,194
division (B)(2) of this section. 2,195
(4) The prosecuting attorney, the elected chief legal 2,197
officer, or the township law director does not receive any 2,198
distributive share or other portion, in whole or in part, of the 2,199
earnings of his THE business associate, partner, or employee paid 2,201
50
by the political subdivision to the business associate, partner, 2,202
or employee for services rendered for the political subdivision. 2,203
(C) It is not a violation of this section or of section 2,205
102.03 or 2921.42 of the Revised Code for the legislative 2,206
authority, the governing board, or other contracting authority of 2,207
a political subdivision to engage the services of any firm that 2,208
practices the profession of law upon the terms approved by the 2,209
legislative authority, the governing board, or the contracting 2,210
authority, or to designate any partner, officer, or employee of 2,211
that firm as a nonelected public official or employee of the 2,212
political subdivision, whether the public office or position of 2,213
employment is created by statute, charter, ordinance, resolution, 2,214
or other legislative or administrative action. 2,215
Sec. 3737.46. Upon the request of the fire marshal, the 2,224
fire marshal's authorized representative, or a certified fire 2,225
safety inspector, the attorney general, the legal officer of any 2,226
county or municipal corporation, or the law director of a 2,227
township that has adopted the A limited self-government form of 2,228
township HOME RULE government under Chapter 504. of the Revised 2,229
Code shall bring an action for an injunction, temporary or 2,230
permanent, or any other appropriate proceedings against any 2,232
person violating or threatening to violate any provision of the 2,233
state fire code or any order issued pursuant thereto in the court 2,234
of common pleas in the county where the violation is occurring or 2,235
is threatened to occur.
This section does not expand, and shall not be construed as 2,237
expanding, the authority of the fire marshal, the fire marshal's 2,239
authorized representative, or a certified fire safety inspector
to enforce any requirements that are adopted pursuant to Chapter 2,241
3781. or 3791. of the Revised Code or any rules adopted pursuant 2,242
to section 3781.10 or 3781.11 of the Revised Code. 2,243
Sec. 3767.03. Whenever a nuisance exists, the attorney 2,252
general; the village solicitor, city director of law, or other 2,253
similar chief legal officer of the municipal corporation in which 2,254
51
the nuisance exists; the prosecuting attorney of the county in 2,255
which the nuisance exists; the law director of a township that 2,257
has adopted the A limited self-government form of HOME RULE 2,259
government under Chapter 504. of the Revised Code; or any person 2,261
who is a citizen of the country COUNTY in which the nuisance 2,262
exists may bring an action in equity in the name of the state, 2,264
upon the relation of the attorney general; the village solicitor, 2,265
city director of law, or other similar chief legal officer of the 2,266
municipal corporation; the prosecuting attorney; the township law 2,267
director; or the person, to abate the nuisance and to perpetually 2,269
enjoin the person maintaining the nuisance from further 2,270
maintaining it. If an action is instituted under this section by 2,272
a person other than the prosecuting attorney; the village 2,273
solicitor, city director of law, or other similar chief legal 2,274
officer of the municipal corporation; the attorney general; or 2,275
the township law director, the complainant shall execute a bond 2,277
in the sum of not less than five hundred dollars, to the
defendant, with good and sufficient surety to be approved by the 2,279
court or clerk of the court, to secure to the defendant any 2,280
damages the defendant may sustain and the reasonable attorney's 2,281
fees the defendant may incur in defending the action if the 2,282
action is wrongfully brought, not prosecuted to final judgment, 2,283
is dismissed, or is not maintained, or if it is finally decided 2,284
that an injunction should not have been granted. If it is finally 2,285
decided that an injunction should not have been granted or if the 2,286
action was wrongfully brought, not prosecuted to final judgment, 2,287
dismissed, or not maintained, the defendant shall have recourse 2,288
against the bond for all damages suffered, including damages to 2,289
the defendant's property, person, or character, and for the 2,290
reasonable attorney's fees incurred by the defendant in defending 2,291
the action.
Any agency, officer, or other person bringing an action 2,293
under this section against the holder of a liquor permit issued 2,295
under Chapter 4303. of the Revised Code shall notify the division 2,296
52
of liquor control, the liquor control commission, and the liquor 2,297
enforcement division of the department of public safety regarding 2,298
the action at the time of bringing the action.
Sec. 4301.28. (A) Any person aggrieved may appeal to the 2,307
liquor control commission from the action of the division of 2,309
liquor control in refusing to issue a permit. 2,310
(B) If the legislative authority of a municipal 2,312
corporation, board of township trustees, or the board of county 2,313
commissioners participated in a hearing conducted under section 2,314
4303.26 of the Revised Code for the transfer of location of a 2,315
class C or D permit, transfer of a class C or D permit, or 2,316
issuance of a class C or D permit or under division (B) of 2,317
section 4303.271 of the Revised Code for the renewal of a class C 2,318
or D permit, the legislative authority or board may appeal to the 2,319
liquor control commission from the order of the division of 2,321
liquor control issuing, transferring, or renewing a permit, or 2,322
transferring a location, or participate or be joined as a party 2,323
in an appeal from an order of the division denying the issuance, 2,326
transfer, or renewal of a permit or the transfer of a location. 2,327
In an appeal on the issuance or the transfer of a location 2,329
of a permit, only the reasons for refusal contained in section 2,330
4303.292 of the Revised Code shall be considered. In an appeal 2,331
on the transfer of ownership of a permit, only the reasons for 2,332
refusal contained in divisions (A) and (B)(1) of section 4303.292 2,333
of the Revised Code shall be considered. In an appeal on the 2,334
renewal of a permit, only the objections considered at the 2,335
hearing under section 4303.271 of the Revised Code shall be 2,336
considered. 2,337
The commission shall send notice of an appeal by a 2,339
political subdivision by certified mail to the applicant for a 2,340
new permit or to the permit holder at the permit holder's usual 2,342
place of business, to the superintendent of liquor control, and 2,345
to the office of the attorney general. The commission shall also 2,346
send notice by certified mail of an appeal by a permit holder 2,347
53
from an order denying the transfer or renewal of a permit, or the 2,348
transfer of a location, or of an appeal by an applicant for a new 2,349
permit from an order denying the issuance of a permit to the 2,350
legislative authority or board of the political subdivision that 2,351
participated in the hearing on the issuance, renewal, or 2,352
transfer, to the superintendent and to the office of the attorney 2,354
general.
If a legislative authority or board is a party under this 2,356
division to an appeal before the commission, the legislative 2,357
authority or board may appeal under section 119.12 of the Revised 2,358
Code from an order of the commission affirming the issuance, 2,359
transfer, or renewal of a permit, or the transfer of a location, 2,360
or participate or be joined as a party in an appeal under that 2,361
section from an order of the commission denying the issuance, 2,362
transfer, or renewal of a permit, or transfer of a location. If 2,363
a court determines that there was not reasonable cause for an 2,364
appeal by a political subdivision, it shall require the political 2,365
subdivision to pay reasonable expenses of the appellee, including 2,366
attorney fees and costs. 2,367
The prosecuting attorney of the county shall represent the 2,369
county or any township located within the county, unless the 2,370
township has adopted the A limited self-government form of 2,371
township HOME RULE government under Chapter 504. of the Revised 2,372
Code, in which case the township law director shall represent the 2,375
township, in any hearing or appeal under this section or section 2,376
119.12, 4303.26, or 4303.271 of the Revised Code in which the 2,377
county or township is a party. The village solicitor or city law 2,378
director of the municipal corporation shall represent the 2,379
municipal corporation in any hearing or appeal under this section 2,380
or section 119.12, 4303.26, or 4303.271 of the Revised Code in 2,381
which the municipal corporation is a party. 2,382
If a permit holder appeals under section 119.12 of the 2,384
Revised Code from an order of the commission denying the transfer 2,385
or renewal of a permit, or the transfer of a location, or if an 2,386
54
applicant for a new permit appeals from an order of the 2,387
commission denying the issuance of a permit, the commission shall 2,388
send notice of the appeal by certified mail to the legislative 2,389
authority or board of the political subdivision that was a party 2,390
to an appeal before the commission. 2,391
(C) At least twenty-one days before the date by which a 2,393
permit holder must pay any forfeiture pursuant to an order issued 2,394
under section 4301.252 of the Revised Code, and at least 2,395
twenty-one days before the effective date of an order issued by 2,396
the liquor control commission, revoking, cancelling, or 2,397
suspending a liquor permit, except for a suspension imposed under 2,398
division (A)(3) of section 4301.252 of the Revised Code, the 2,399
commission shall send a copy of the order by certified mail to 2,400
the holder, addressed to the holder at the premises named in the 2,402
permit, and shall also send by certified mail copies of the order 2,403
to the chief of police, marshal, or chief police officer of the 2,404
municipal corporation in which the premises for which the permit 2,405
was issued are situated, or to the sheriff of the county or 2,406
constable of the township, in case the permit was issued for 2,407
premises situated outside any municipal corporation. A copy of 2,408
an order revoking or canceling a permit or allowing the payment 2,409
of a forfeiture under section 4301.252 of the Revised Code shall 2,410
be sent to such officer at the same time as a copy is sent to the 2,411
permit holder; a copy of an order suspending a permit shall be 2,412
sent to such officer when the commission determines under section 2,413
4301.252 of the Revised Code that the suspension is to become 2,414
effective. The order shall contain a statement of the number of 2,415
the permit, the name of the holder, the location of the premises 2,416
for which the permit was issued, and the date when the revocation 2,417
or cancellation is to be effective, or, in case of suspension, 2,418
the beginning and ending dates of the suspension period and such 2,419
other information in the notice to the permit holder as is 2,420
required by section 4301.252 of the Revised Code. The holder of 2,421
such a revoked or cancelled permit shall, on the effective date 2,422
55
of the order of revocation or cancellation, immediately surrender 2,423
the permit by mailing or delivering it to the superintendent of 2,425
liquor control by certified mail. If the revoked or canceled 2,426
permit is not surrendered, the superintendent shall issue a 2,428
written demand for its surrender and deliver the demand to the 2,429
chief of police, marshal, or other chief police officer of the 2,430
municipal corporation or to the sheriff of the county, or to the 2,431
constable of the township, in which the premises for which the 2,432
permit is issued are located, or to any designated agent of the 2,433
division of liquor control, and the chief of police, marshal, or 2,435
other chief police officer of the municipal corporation, sheriff, 2,436
constable, or agent shall immediately demand and secure 2,437
possession of the revoked or cancelled permit and return it by 2,438
certified mail to the superintendent. 2,439
When a permit has been so suspended by order of the liquor 2,441
control commission, the permit holder shall not sell any 2,442
alcoholic beverages at such permit premises during the effective 2,443
period stated in the order of a suspension, and shall cover the 2,445
permit by posting a copy of the suspension order over the permit, 2,447
and the order of suspension shall remain so posted on the permit 2,448
premises until termination of the suspension period. Upon 2,449
termination of the suspension period, the permit holder may 2,450
remove the copy of the suspension order from the permit and may 2,452
resume the sale of alcoholic beverages as authorized by the 2,453
permit and in compliance with Chapters 4301. and 4303. of the 2,454
Revised Code. 2,455
The foregoing paragraph of this section is inapplicable 2,457
while a stay order is in effect as a result of an appeal taken by 2,458
a permit holder from an order of revocation, cancellation, or 2,459
suspension or from an order that allows the payment of a 2,460
forfeiture under section 4301.252 of the Revised Code, pursuant 2,461
to section 119.12 of the Revised Code. A copy of the stay order 2,462
shall be posted on the premises of the permit holder and shall be 2,463
furnished by the division to the appropriate officer, as the case 2,466
56
may be, such as the chief of police, marshal, constable, or 2,467
sheriff.
A permit holder desiring to file a notice of appeal under 2,469
section 119.12 of the Revised Code with respect to any order of 2,470
the commission as described in this division shall do so within 2,471
twenty-one days after the mailing of the notice of the 2,472
commission's order as provided in section 119.12 of the Revised 2,473
Code. 2,474
Sec. 5543.01. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,484
OF THIS SECTION, THE county engineer shall have general charge of 2,485
the following:
(A)(1) Construction, reconstruction, improvement, 2,487
maintenance, and repair of all bridges and highways within his 2,488
THE ENGINEER'S county, under the jurisdiction of the board of 2,489
county commissioners; 2,490
(B)(2) Construction, reconstruction, resurfacing, or 2,492
improvement of roads by boards of township trustees under 2,493
sections 5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, 2,494
inclusive, and 5575.02 to 5575.09, inclusive, of the Revised 2,496
Code;
(C)(3) Construction, reconstruction, resurfacing, or 2,498
improvement of the roads of a road district under section 5573.21 2,499
of the Revised Code. 2,500
(B) FOR ANY PARTICULAR PROJECT, AFTER NOTIFYING THE COUNTY 2,502
ENGINEER, THE BOARD OF TOWNSHIP TRUSTEES OF A TOWNSHIP THAT HAS 2,504
ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF THE 2,505
REVISED CODE MAY HIRE AN INDEPENDENT PROFESSIONAL ENGINEER TO BE
IN CHARGE OF THOSE ACTIVITIES LISTED IN DIVISION (A)(2) OF THIS 2,506
SECTION. THE COUNTY ENGINEER SHALL REVIEW ALL OF THE INDEPENDENT 2,509
PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS AND PROVIDE THE 2,510
BOARD OF TOWNSHIP TRUSTEES WITH COMMENTS ON THOSE PLANS WITHIN 2,511
TEN WORKING DAYS AFTER RECEIVING THEM. THE COUNTY ENGINEER SHALL 2,512
MONITOR ALL PLANS FOR IMPROVEMENTS IN ORDER TO MAINTAIN 2,513
COMPLIANCE WITH EXISTING CONSTRUCTION STANDARDS AND THOROUGHFARE 2,514
57
PLANS, AND COORDINATE CONSTRUCTION TIMELINES WITHIN THE COUNTY. 2,515
(C) The COUNTY engineer may not perform any duties in 2,517
connection with the repair, maintenance, or dragging of roads by 2,520
boards of township trustees, except that, upon the request of any 2,522
board of township trustees he, THE COUNTY ENGINEER shall inspect 2,523
any road designated by it and advise as to the best methods of 2,525
repairing, maintaining, or dragging such THAT road.
Sec. 5543.09. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,535
OF THIS SECTION, THE county engineer shall supervise the
construction, reconstruction, improvement, maintenance, and 2,536
repair of the highways, bridges, and culverts under the 2,537
jurisdiction of the board of county commissioners, and the 2,538
construction, reconstruction, resurfacing, and improvement of 2,539
public roads by boards of township trustees under sections
5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, 5575.02 2,540
to 5575.09, and 5577.01 of the Revised Code. When the engineer 2,541
has charge of the highways, bridges, and culverts within his THE 2,542
ENGINEER'S county, and under the control of the state, he THE 2,543
ENGINEER shall also supervise their construction, reconstruction, 2,544
improvement, and repair. 2,545
(B) FOR ANY PARTICULAR PROJECT, WITH THE APPROVAL OF THE 2,547
COUNTY ENGINEER, THE BOARD OF TOWNSHIP TRUSTEES OF A TOWNSHIP 2,549
THAT HAS ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 2,550
504. OF THE REVISED CODE MAY HIRE AN INDEPENDENT PROFESSIONAL 2,551
ENGINEER TO ASSIST THE COUNTY ENGINEER WITH THE SUPERVISION OF
THE CONSTRUCTION, RECONSTRUCTION, RESURFACING, AND IMPROVEMENT OF 2,552
PUBLIC ROADS BY THE BOARD UNDER SECTIONS 5571.01, 5571.06, 2,554
5571.07, 5571.15, 5573.01 TO 5573.15, 5575.02 TO 5575.09, AND 2,555
5577.01 OF THE REVISED CODE.
Sec. 5549.02. (A) Boards of county commissioners and 2,564
boards of township trustees, in the purchase of machinery, tools, 2,565
trucks, and other equipment for use in constructing, maintaining, 2,566
and repairing roads, may make such purchases upon the following 2,567
terms: not less than one-fourth of the purchase price shall be 2,568
58
paid in cash, and the remainder of the purchase price shall be 2,569
paid in not more than five equal annual installments, except that 2,570
if the board sells, as authorized by law, used vehicles, 2,571
machinery, tools, or equipment owned by the county or township to 2,572
the person or other entity from whom it is to make the purchase, 2,573
the one-fourth cash down payment or any installments, or both, 2,574
may be reduced by the amount of the selling price of the used 2,575
vehicles, machinery, tools, or equipment. Each installment shall 2,576
be not less than one-fifth of the balance due and shall be 2,577
secured by a note which may contain a clause permitting 2,578
prepayment at the option of the board. Such boards may issue the 2,579
notes of the county or township signed by the board of county 2,580
commissioners or board of township trustees, attested by the 2,581
signature of the county auditor or township clerk, and covering 2,582
such deferred payments and payable at the times above provided. 2,583
Such notes may bear interest at not to exceed the rate determined 2,584
as provided in section 9.95 of the Revised Code, and are not 2,585
subject to section 131.23 or 135.51 to 135.54 or to Chapter 133. 2,586
of the Revised Code. In the legislation under which such notes 2,587
are authorized, the board of county commissioners or board of 2,588
township trustees shall make provision for levying and collecting 2,589
annually, by taxation, an amount sufficient to pay the interest 2,590
and provide a sinking fund for the final redemption of such notes 2,591
at maturity. 2,592
Sections 5705.41 and 5705.44 of the Revised Code apply only 2,594
to such portion of the purchase price of such machinery, tools, 2,595
trucks, or equipment as is to be paid in cash, exclusive of any 2,596
credit from the sale of used vehicles, machinery, tools, or 2,597
equipment to the vendor. 2,598
(B) The boards of trustees of any two or more townships, 2,600
or the legislative authorities of any two or more political 2,601
subdivisions, or any combination thereof, may, through joint 2,602
action, unite in the joint purchase, maintenance, use, and 2,603
operation of machinery, tools, trucks, and equipment for use in 2,604
59
constructing, maintaining, and repairing roads, and may prorate 2,605
the expense on such terms as are mutually agreed upon, and any 2,606
political subdivision may lease machinery, tools, trucks, and 2,607
other equipment from any one or more other political subdivisions 2,608
for use in constructing, maintaining, and repairing roads on such 2,609
terms as are mutually agreed upon. 2,610
(C) Boards of county commissioners and boards of township 2,612
trustees may also enter into leases which include an option to 2,613
purchase machinery, tools, trucks, and other equipment for use in 2,614
constructing, maintaining, and repairing roads. Any such 2,615
contract to lease with an option to purchase shall require the 2,616
board to pay at least three-twentieths of the total cost of the 2,617
lease with an option to purchase in cash. If the board sells 2,618
used equipment as part of any such contract, the three-twentieths 2,619
cash down payment may be reduced by the amount of the selling 2,620
price of the used equipment. Such leases with options to 2,621
purchase shall be made from the lowest responsible bidder 2,622
offering the equipment after advertisement as provided in section 2,623
5575.01 of the Revised Code. Such leases are not subject to the 2,624
down payment and minimum annual installment requirements of 2,625
division (A) of this section. 2,626
Sec. 5549.021. A BOARD OF TOWNSHIP TRUSTEES MAY PURCHASE 2,629
MACHINERY, TOOLS, TRUCKS, AND OTHER EQUIPMENT FOR USE IN 2,630
CONSTRUCTING, MAINTAINING, AND REPAIRING ROADS AND, SUBJECT TO 2,631
CHAPTER 133. OF THE REVISED CODE, MAY ISSUE FOR THAT PURPOSE 2,633
GENERAL OBLIGATION BONDS OF THE TOWNSHIP FOR WHICH THE FULL FAITH 2,634
AND CREDIT OF THE TOWNSHIP SHALL BE PLEDGED. 2,635
Sec. 5573.01. When the board of township trustees has 2,644
determined that any road shall be constructed, reconstructed, 2,645
resurfaced, or improved, such THE board shall determine by 2,647
resolution, by unanimous vote if acting without a petition, and 2,648
by a majority vote if acting upon a petition, the route and
termini of such THE road, AND the kind and extent of the 2,650
improvement, and at the same time shall order the county engineer 2,651
60
OR, IF THE TOWNSHIP HAS ADOPTED A LIMITED HOME RULE GOVERNMENT 2,652
UNDER CHAPTER 504. OF THE REVISED CODE, HIRE AN INDEPENDENT 2,653
PROFESSIONAL ENGINEER, AFTER NOTIFYING THE COUNTY ENGINEER, to 2,654
make such surveys, plans, profiles, cross sections, estimates, 2,656
and specifications as are required for such THE improvement. IF 2,658
AN INDEPENDENT PROFESSIONAL ENGINEER IS HIRED, THE COUNTY 2,659
ENGINEER SHALL REVIEW ALL OF THE INDEPENDENT PROFESSIONAL 2,660
ENGINEER'S PLANS FOR IMPROVEMENTS AND PROVIDE THE BOARD OF 2,661
TOWNSHIP TRUSTEES WITH COMMENTS ON THOSE PLANS WITHIN TEN WORKING 2,662
DAYS AFTER RECEIVING THEM. THE COUNTY ENGINEER SHALL MONITOR ALL 2,663
OF THE INDEPENDENT PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS 2,664
IN ORDER TO MAINTAIN COMPLIANCE WITH EXISTING CONSTRUCTION 2,665
STANDARDS AND THOROUGHFARE PLANS, AND COORDINATE CONSTRUCTION 2,666
TIMELINES WITHIN THE COUNTY. 2,667
The IF THE BOARD ORDERS THE COUNTY ENGINEER TO ACT UNDER 2,669
THIS SECTION, THE board may order the COUNTY engineer to make 2,670
alternate surveys, plans, profiles, cross sections, estimates, 2,672
and specifications, providing therein IN THEM for different 2,673
widths of roadway, or different materials, and approve all or any 2,674
number of such THESE alternate surveys, plans, profiles, cross 2,675
sections, estimates, and specifications. The COUNTY engineer 2,677
may, without instructions from the board, prepare alternate 2,680
surveys, plans, profiles, cross sections, estimates, and
specifications, providing therein IN THEM for different widths of 2,682
roadways or different materials. When alternate surveys, plans, 2,683
profiles, cross sections, estimates, and specifications are 2,684
approved by the board, or submitted by the COUNTY engineer on his 2,686
THE COUNTY ENGINEER'S own motion, the board and COUNTY engineer 2,687
shall, after the opening of bids, agree which of the surveys, 2,688
plans, profiles, cross sections, estimates, and specifications 2,689
shall be finally adopted for construction of the improvement.
Section 2. That existing sections 109.14, 133.09, 309.09, 2,691
504.01, 504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 504.16, 2,693
504.17, 504.18, 504.19, 505.261, 505.262, 505.264, 505.37,
61
505.701, 709.50, 711.05, 711.10, 713.22, 1901.026, 2921.421, 2,695
3737.46, 3767.03, 4301.28, 5543.01, 5543.09, 5549.02, and 5573.01 2,696
of the Revised Code are hereby repealed. 2,697
Section 3. Notwithstanding anything to the contrary in 2,699
section 713.22 of the Revised Code, the change in the composition 2,701
of a county planning commission required under that section as 2,702
amended by this act shall be implemented so that any member
serving on the board on the effective date of this act serves out 2,704
the member's term of office, even if the membership would not 2,706
then meet the representation requirements in section 713.22 of 2,707
the Revised Code. As new members are appointed to the
commission, the new members shall be appointed so as to meet the 2,708
representation requirements in section 713.22 of the Revised Code 2,709
as soon as possible without interfering with any member's term of 2,710
office.