As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                       Am. Sub. 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-SENATORS LATELL-         13           

     SCHAFRATH-SPADA-BLESSING-GARDNER-PRENTISS-WHITE-DRAKE-        14           

     NEIN-HAGAN-ARMBRUSTER-LATTA-MUMPER-CUPP-KEARNS-DiDONATO       15           


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 109.14, 133.09, 309.09, 504.01,     19           

                504.02, 504.03, 504.04, 504.12, 504.13, 504.14,    20           

                504.16, 504.17, 504.18, 504.19, 505.261, 505.262,  21           

                505.264, 505.37, 505.373, 505.60, 505.701,                      

                709.50, 711.05, 711.10, 713.22, 1901.026,          22           

                2921.421, 3737.46, 3767.03, 4301.28, 5543.01,      23           

                5543.09, 5549.02, and 5573.01 and to enact         24           

                sections 504.20, 505.601, 505.602, and 5549.021    25           

                of the Revised Code to refer to townships that     26           

                have adopted the limited self-government form of   28           

                township government as "limited home rule          29           

                government" townships, to make changes in the      30           

                laws governing those townships, to permit any      31           

                township, for specified purposes, to issue         32           

                securities or change the provisions for issuing    33           

                debt, to change the composition and voting         34           

                practices of county planning commissions, to       35           

                authorize townships to reimburse officers and                   

                employees for certain health care premiums, and    36           

                to change the Subdivision Law to give townships    38           

                notice of proposed changes.                                     

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        40           

      Section 1.  That sections 109.14, 133.09, 309.09, 504.01,    42           

504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 504.16, 504.17,    44           

504.18, 504.19, 505.261, 505.262, 505.264, 505.37, 505.373,                     

505.60, 505.701, 709.50, 711.05, 711.10, 713.22, 1901.026,         47           

2921.421, 3737.46, 3767.03, 4301.28, 5543.01, 5543.09, 5549.02,    48           

and 5573.01 be amended and sections 504.20, 505.601, 505.602, and  49           

5549.021 of the Revised Code be enacted to read as follows:        51           

      Sec. 109.14.  When requested by them, the attorney general   60           

shall advise the prosecuting attorneys of the several counties     61           

respecting their duties in all complaints, suits, and              62           

controversies in which the state is, or may be a party, and shall  63           

advise the township law director of a township that has adopted    64           

the A limited self-government form of township HOME RULE           65           

government under Chapter 504. of the Revised Code.                 66           

      Sec. 133.09.  A (A)  UNLESS IT IS A TOWNSHIP THAT HAS        75           

ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF THE   76           

REVISED CODE, A township shall not incur net indebtedness that     78           

exceeds an amount equal to five per cent of its tax valuation,     79           

and, except as specifically authorized by section 505.262 of the   80           

Revised Code or other laws, shall not incur any net indebtedness   81           

unless authorized by vote of the electors.                         82           

      (B)  A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME RULE         85           

GOVERNMENT UNDER CHAPTER 504. OF THE REVISED CODE SHALL NOT INCUR  86           

NET INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO TEN AND ONE-HALF  87           

PER CENT OF ITS TAX VALUATION, OR INCUR WITHOUT A VOTE OF THE      88           

ELECTORS NET INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO FIVE     89           

AND ONE-HALF PER CENT OF THAT TAX VALUATION.  IN CALCULATING THE   90           

NET INDEBTEDNESS OF A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME     91           

RULE GOVERNMENT, NONE OF THE FOLLOWING SECURITIES SHALL BE         92           

CONSIDERED:                                                        93           

      (1)  SELF-SUPPORTING SECURITIES ISSUED FOR ANY PURPOSE;      96           

      (2)  SECURITIES ISSUED FOR THE PURPOSE OF PURCHASING,        98           

CONSTRUCTING, IMPROVING, OR EXTENDING WATER OR SANITARY OR         99           

                                                          3      


                                                                 
SURFACE AND STORM WATER SEWERAGE SYSTEMS OR FACILITIES, OR A       100          

COMBINATION OF THOSE SYSTEMS OR FACILITIES, TO THE EXTENT THAT AN  102          

AGREEMENT ENTERED INTO WITH ANOTHER SUBDIVISION REQUIRES THE                    

OTHER SUBDIVISION TO PAY TO THE TOWNSHIP AMOUNTS EQUIVALENT TO     103          

DEBT CHARGES ON THE SECURITIES;                                    104          

      (3)  SECURITIES THAT ARE NOT GENERAL OBLIGATIONS OF THE      106          

TOWNSHIP;                                                          107          

      (4)  VOTED SECURITIES ISSUED FOR THE PURPOSES OF             109          

REDEVELOPMENT TO THE EXTENT THAT THEIR PRINCIPAL AMOUNT DOES NOT   110          

EXCEED AN AMOUNT EQUAL TO TWO PER CENT OF THE TAX VALUATION OF     111          

THE TOWNSHIP;                                                      112          

      (5)  SECURITIES ISSUED FOR THE PURPOSE OF ACQUIRING OR       114          

CONSTRUCTING ROADS, HIGHWAYS, BRIDGES, OR VIADUCTS, OR FOR THE     115          

PURPOSE OF ACQUIRING OR MAKING OTHER HIGHWAY PERMANENT             116          

IMPROVEMENTS, TO THE EXTENT THAT THE RESOLUTION OF THE BOARD OF    117          

TOWNSHIP TRUSTEES AUTHORIZING THE ISSUANCE OF THE SECURITIES       118          

INCLUDES A COVENANT TO APPROPRIATE FROM MONEY DISTRIBUTED TO THE   119          

TOWNSHIP UNDER CHAPTER 4501., 4503., 4504., OR 5735. OF THE        121          

REVISED CODE A SUFFICIENT AMOUNT TO COVER DEBT CHARGES ON AND      122          

FINANCING COSTS RELATING TO THE SECURITIES AS THEY BECOME DUE;     123          

      (6)  SECURITIES ISSUED FOR ENERGY CONSERVATION MEASURES      125          

UNDER SECTION 505.264 OF THE REVISED CODE.                         126          

      (C)  In calculating the net indebtedness of a ANY township,  129          

no obligation incurred under division (B) of section 513.17 or     130          

under section 505.261, 505.264 or, 505.265, OR 505.37 of the       131          

Revised Code shall be considered.                                  132          

      Sec. 309.09.  (A)  The prosecuting attorney shall be the     141          

legal adviser of the board of county commissioners, board of       142          

elections, and all other county officers and boards, including     143          

all tax-supported public libraries, and any of them may require    144          

written opinions or instructions from the prosecuting attorney in  145          

matters connected with their official duties.  The prosecuting     147          

attorney shall prosecute and defend all suits and actions which    149          

any such officer or board directs or to which it is a party, and   150          

                                                          4      


                                                                 
no county officer may employ any other counsel or attorney at the  151          

expense of the county, except as provided in section 305.14 of     152          

the Revised Code.                                                               

      (B)  The prosecuting attorney shall be the legal adviser     154          

for all township officers, boards, and commissions, unless the     155          

township has adopted the A limited self-government form of         157          

township HOME RULE government pursuant to Chapter 504. of the      159          

Revised Code and has not entered into a contract to have the       160          

prosecuting attorney serve as the township law director, in which               

case the township law director, whether serving full-time or       162          

part-time, shall be the legal adviser for all township officers,   163          

boards, and commissions.  When the board of township trustees      165          

finds it advisable or necessary to have additional legal counsel,  166          

it may employ an attorney other than the township law director or  167          

the prosecuting attorney of the county, either for a particular    168          

matter or on an annual basis, to represent the township and its    169          

officers, boards, and commissions in their official capacities     171          

and to advise them on legal matters.  No such counsel or attorney  172          

may be employed, except on the order of the board of township      173          

trustees, duly entered upon its journal, in which the                           

compensation to be paid for such THE legal services shall be       174          

fixed.  Such THE compensation shall be paid from the township      175          

fund.                                                              176          

      Nothing in this division confers any of the powers or        178          

duties of a prosecuting attorney under section 309.08 of the       179          

Revised Code upon a township law director.                         180          

      (C)  Whenever the board of county commissioners employs an   182          

attorney other than the prosecuting attorney of the county,        183          

without the authorization of the court of common pleas as          184          

provided in section 305.14 of the Revised Code, either for a       185          

particular matter or on an annual basis, to represent the board    186          

of county commissioners in its official capacity and to advise it  187          

on legal matters, the board of county commissioners shall enter    188          

upon its journal an order of the board in which the compensation   189          

                                                          5      


                                                                 
to be paid for such THE legal services shall be fixed.  The        190          

compensation shall be paid from the county general fund.  The      191          

total compensation paid, in any year, by the board of county       192          

commissioners for legal services under this division shall not     193          

exceed the total annual compensation of the prosecuting attorney   194          

for that county.                                                   195          

      (D)  The prosecuting attorney and the board of county        197          

commissioners jointly may contract with a board of park            198          

commissioners under section 1545.07 of the Revised Code for the    199          

prosecuting attorney to provide legal services to the park         200          

district the board of park commissioners operates.   All moneys    201          

received pursuant to such a THE contract shall be deposited into   202          

the prosecuting attorney's legal services fund, which shall be     203          

established in the county treasury of each county in which such a  204          

THE contract exists.  Moneys in that fund may be appropriated      206          

only to the prosecuting attorney for the purpose of providing      207          

legal services under a contract entered into under this division.  208          

      Sec. 504.01.  A TOWNSHIP THAT MEETS THE QUALIFICATIONS OF    218          

THIS SECTION MAY ADOPT A LIMITED HOME RULE GOVERNMENT IN THE       219          

MANNER PROVIDED IN THIS SECTION.                                   220          

      (A)  IF A TOWNSHIP HAS A POPULATION OF AT LEAST FIVE         223          

THOUSAND BUT LESS THAN FIFTEEN THOUSAND IN THE UNINCORPORATED      224          

TERRITORY OF THE TOWNSHIP, THE board of township trustees, by a    225          

majority vote, may adopt a resolution causing the board of         226          

elections to submit to the electors of the unincorporated area of  227          

the township the question of whether the township should adopt     228          

the A limited self-government form of township HOME RULE           229          

government under which it exercises limited powers of local        230          

self-government and limited police powers, as authorized by this   231          

chapter.  THE QUESTION SHALL BE VOTED UPON AT THE NEXT GENERAL     232          

ELECTION OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER CERTIFICATION  234          

OF THE RESOLUTION TO THE BOARD OF ELECTIONS.                       235          

      (B)  IF A TOWNSHIP HAS A POPULATION OF FIFTEEN THOUSAND OR   238          

MORE IN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP, THE BOARD    239          

                                                          6      


                                                                 
OF TOWNSHIP TRUSTEES, AFTER AT LEAST ONE PUBLIC HEARING, MAY DO    240          

EITHER OF THE FOLLOWING:                                           241          

      (1)  BY A UNANIMOUS VOTE, ADOPT A RESOLUTION ESTABLISHING A  244          

LIMITED HOME RULE GOVERNMENT UNDER WHICH THE TOWNSHIP EXERCISES    245          

LIMITED POWERS OF LOCAL SELF-GOVERNMENT AND LIMITED POLICE POWERS  246          

AS AUTHORIZED BY THIS CHAPTER.  THE RESOLUTION SHALL BECOME        247          

EFFECTIVE THIRTY DAYS AFTER THE DATE OF ITS ADOPTION UNLESS        248          

WITHIN THAT THIRTY-DAY PERIOD THERE IS PRESENTED TO THE BOARD OF   249          

TOWNSHIP TRUSTEES A PETITION, SIGNED BY A NUMBER OF REGISTERED     250          

ELECTORS RESIDING IN THE UNINCORPORATED AREA OF THE TOWNSHIP       251          

EQUAL TO AT LEAST TEN PER CENT OF THE TOTAL VOTE CAST FOR ALL      252          

CANDIDATES FOR GOVERNOR IN THAT AREA AT THE MOST RECENT GENERAL    254          

ELECTION AT WHICH A GOVERNOR WAS ELECTED, REQUESTING THE BOARD OF  255          

TOWNSHIP TRUSTEES TO SUBMIT THE QUESTION OF ESTABLISHING A         256          

LIMITED HOME RULE GOVERNMENT TO THE ELECTORS OF THAT AREA FOR      257          

APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD ON THE DAY  258          

OF THE NEXT PRIMARY OR GENERAL ELECTION OCCURRING AT LEAST                      

SEVENTY-FIVE DAYS AFTER THE PETITION IS PRESENTED.  EACH PART OF   260          

THE PETITION SHALL MEET THE REQUIREMENTS SPECIFIED IN SECTION      261          

3501.38 OF THE REVISED CODE.  UPON TIMELY RECEIPT OF THE           262          

PETITION, THE BOARD OF TOWNSHIP TRUSTEES SHALL ADOPT A RESOLUTION  263          

CAUSING THE BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE    264          

UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION OF WHETHER THE    265          

TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE GOVERNMENT.              266          

      (2)  BY A MAJORITY VOTE, ADOPT A RESOLUTION CAUSING THE      268          

BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE                269          

UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION OF WHETHER THE    270          

TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE GOVERNMENT UNDER WHICH   271          

IT EXERCISES LIMITED POWERS OF LOCAL SELF-GOVERNMENT AND LIMITED   272          

POLICE POWERS, AS AUTHORIZED BY THIS CHAPTER.  THE QUESTION SHALL  274          

BE VOTED UPON AT THE NEXT GENERAL ELECTION OCCURRING AT LEAST      275          

SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO THE     276          

BOARD OF ELECTIONS.                                                             

      IF THE POPULATION OF THE UNINCORPORATED TERRITORY OF ANY     278          

                                                          7      


                                                                 
TOWNSHIP THAT ADOPTS A LIMITED HOME RULE GOVERNMENT UNDER          280          

DIVISION (B) OR (D) OF THIS SECTION IS FIFTEEN THOUSAND OR MORE,   281          

THE TOWNSHIP SHALL BE CALLED AN "URBAN TOWNSHIP."                  282          

      (C)  TOWNSHIPS WITH A POPULATION OF LESS THAN FIVE THOUSAND  284          

IN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP ARE NOT PERMITTED  285          

TO ADOPT A LIMITED HOME RULE GOVERNMENT.                           286          

      The (D)  IF A TOWNSHIP MEETS THE POPULATION REQUIREMENTS OF  289          

DIVISION (A) OR (B) OF THIS SECTION, THE electors of the           290          

unincorporated area of a THE township may petition the board of    291          

township trustees to adopt a resolution causing the board of       292          

elections to submit to the electors the question of whether the    293          

township should adopt the A limited self-government form of HOME   294          

RULE government.  Upon receipt of a petition signed by ten per     296          

cent of the electors of the unincorporated area of the township,   297          

as determined by the total number of votes cast in that territory  298          

AREA for the office of governor at the preceding MOST RECENT       299          

general election for that office, the board of township trustees   300          

of the township shall adopt such a THE resolution.  The question   302          

shall be voted upon at the next general election occurring at      303          

least seventy-five days after the certification of the resolution  304          

to the board of elections.                                         305          

      Sec. 504.02.  (A)  After certification of a resolution as    314          

provided in DIVISION (A), (B), OR (D) OF section 504.01 of the     317          

Revised Code, the board of elections shall submit the question of  318          

whether to adopt the A limited self-government form of township    319          

HOME RULE government to the electors of the unincorporated area    320          

of the township, and the ballot language shall be substantially    321          

as follows:                                                                     

      "Shall the township of ........... (name) adopt the A        323          

limited self-government (also known as home rule) form of          324          

township government, under which form GOVERNMENT the board of      326          

township trustees, by resolution, may exercise limited powers of   327          

local self-government and limited police powers?                                

                                                          8      


                                                                 
......   For adoption of the A limited self-government (also       330          

         known as home rule) form of government                    331          

......   Against adoption of the A limited self-government (also   333          

         known as home rule) form of government"                   334          

      (B)  At least forty-five days before the election on this    336          

question the board of township trustees shall have notice of the   337          

election and a description of the proposed limited                 338          

self-government form of HOME RULE government published in a        339          

newspaper of general circulation in the township for three         340          

consecutive weeks and have the notice and description posted in    341          

five conspicuous places in the unincorporated area of the          342          

township.                                                                       

      (C)  If a majority of the votes cast on the proposition of   344          

adopting the A limited self-government form of township HOME RULE  346          

government is in the affirmative, such form THAT GOVERNMENT is     347          

adopted and becomes the form of government of the township on the  349          

first day of January immediately following the election.           350          

      Sec. 504.03.  (A)(1)  If the A limited self-government form  359          

of township HOME RULE government is adopted pursuant to section    360          

504.02 of the Revised Code, it shall remain in effect for at       362          

least three years except as otherwise provided in division (B) of  363          

this section.  At the end of that period, if the board of          364          

township trustees determines that such form of THAT government is  365          

not in the best interests of the township, it may adopt a          367          

resolution causing the board of elections to submit to the         368          

electors of the unincorporated area of the township the question   369          

of whether the township should continue the limited                370          

self-government form of township HOME RULE government.  The        371          

question shall be voted upon at the next general election          373          

occurring at least seventy-five days after the certification of    374          

the resolution to the board of elections.  After certification of  375          

such a THE resolution, the board of elections shall submit the     377          

question to the electors of the unincorporated area of the         378          

township, and the ballot language shall be substantially as        379          

                                                          9      


                                                                 
follows:                                                                        

      "Shall the township of ........... (name) continue the       381          

limited self-government (also known as home rule) form of          382          

township government, under which it is operating?                  383          

......   For continuation of the limited self-government (also     386          

         known as home rule) form of government                    387          

......   Against continuation of the limited self-government       389          

         (also known as home rule) form of government"             390          

      (2)  At least forty-five days before the election on the     392          

question of continuing the limited self-government form of HOME    393          

RULE government, the board of township trustees shall have notice  394          

of the election published in a newspaper of general circulation    395          

in the township for three consecutive weeks and have the notice    396          

posted in five conspicuous places in the unincorporated area of    397          

the township.                                                      398          

      (B)  The electors of a township that has adopted the A       400          

limited self-government form of HOME RULE government, at any time  402          

may propose AT ANY TIME by initiative petition, in accordance                   

with section 504.14 of the Revised Code, a resolution submitting   404          

to the electors in the unincorporated area of the township, in an  405          

election, the question set forth in division (A)(1) of this        406          

section.                                                                        

      (C)  If a majority of the votes cast under division (A) or   408          

(B) of this section on the proposition of continuing the limited   409          

self-government form of township HOME RULE government is in the    410          

negative, such form of THAT government is terminated effective on  412          

the first day of January immediately following the election, and   414          

the A limited self-government form of HOME RULE government shall   416          

not be adopted in the unincorporated area of the township          417          

pursuant to section 504.02 of the Revised Code for at least three  419          

years after that date.                                                          

      (D)  If the A limited self-government form of township HOME  422          

RULE government is terminated pursuant to this section, the board               

of township trustees immediately shall adopt a resolution          423          

                                                          10     


                                                                 
repealing all resolutions adopted pursuant to this chapter that    424          

are not authorized by any other section of the Revised Code        425          

outside this chapter, effective on the first day of January        426          

immediately following the election described in division (A) or    427          

(B) of this section.  However, no resolution adopted under this    428          

division shall affect or impair the obligations of the township    429          

under any security issued or contracts entered into by the         430          

township in connection with the financing of any water supply      431          

facility OR SEWER IMPROVEMENT under sections 504.18 and 504.19 TO  432          

504.20 of the Revised Code or the authority of the township to     433          

collect or enforce any assessments, or other revenues              434          

constituting security for or source of payments of debt service    436          

charges of such THOSE securities.                                  437          

      Sec. 504.04.  (A)  A township that adopts the A limited      446          

self-government form of HOME RULE government, by resolution, may   448          

do all of the following BY RESOLUTION, provided that any such      449          

resolution OF THESE RESOLUTIONS, other than a resolution to        450          

supply water OR SEWER SERVICES in accordance with sections 504.18  451          

and 504.19 TO 504.20 of the Revised Code, may be enforced only by  454          

the imposition of civil fines as authorized in this chapter:       455          

      (1)  Exercise all powers of local self-government within     457          

the unincorporated area of the township, other than powers that    458          

are in conflict with general laws, except that the township shall  459          

comply with the requirements and prohibitions of this chapter,     460          

and shall enact no taxes other than those authorized by general    461          

law, and except that no resolution adopted pursuant to this        462          

chapter shall encroach upon the powers, duties, and privileges of  463          

elected township officers or change, alter, combine, eliminate,    464          

or otherwise modify the form or structure of the township          465          

government unless the change is required by this chapter;          466          

      (2)  Adopt and enforce within the unincorporated area of     468          

the township such local police, sanitary, and other similar        469          

regulations as THAT are not in conflict with general laws or       470          

otherwise prohibited by division (B) of this section;              472          

                                                          11     


                                                                 
      (3)  Supply water AND SEWER SERVICES to users within the     474          

unincorporated area of the township in accordance with sections    475          

504.18 and 504.19 TO 504.20 of the Revised Code.                   477          

      (B)  No resolution adopted pursuant to this chapter shall    478          

DO ANY OF THE FOLLOWING:                                           479          

      (1)  Create a criminal offense or impose criminal            482          

penalties, EXCEPT AS AUTHORIZED BY DIVISION (A) OF THIS SECTION;   483          

      (2)  Impose civil fines other than as authorized by this     485          

chapter;                                                           486          

      (3)  Establish or revise subdivision regulations, road       488          

construction standards, sewer regulations, urban sediment rules,   490          

or storm water and drainage regulations;                                        

      (4)  Establish or revise building standards, building        492          

codes, and other standard codes except as provided in section      493          

504.13 of the Revised Code;                                        494          

      (5)  Increase, decrease, or otherwise alter the powers or    496          

duties of a township under any other chapter of the Revised Code   497          

relative PERTAINING to agriculture or the conservation or          498          

development of natural resources;                                  500          

      (6)  Establish regulations affecting hunting, trapping,      502          

fishing, or the possession, use, or sale of firearms;              503          

      (7)  Establish or revise water OR SEWER regulations, except  506          

in accordance with sections 504.18 and 504.19 of the Revised       507          

Code.                                                                           

      Nothing in this chapter shall be construed as affecting the  509          

powers of counties with regard to the subjects listed in           510          

divisions (B)(3) to (5) of this section.                           511          

      (C)  Under the A limited self-government form of township    513          

HOME RULE government, all officers shall have the qualifications,  515          

and be nominated, elected, or appointed, as provided in Chapter    516          

505. of the Revised Code, except that the board of township        517          

trustees shall appoint a full-time or part-time law director       518          

pursuant to section 504.15 of the Revised Code.                    519          

      (D)  In case of conflict between resolutions enacted by a    521          

                                                          12     


                                                                 
board of township trustees and municipal ordinances or             522          

resolutions, the ordinance or resolution enacted by the municipal  523          

corporation prevails.  In case of conflict between resolutions     524          

enacted by a board of township trustees and any county             525          

resolution, the resolution enacted by the board of township        526          

trustees prevails.                                                 527          

      Sec. 504.12.  No resolution and no section or numbered or    536          

lettered division of a section shall be revised or amended unless  537          

the new resolution contains the entire resolution, section, or     538          

division as revised or amended, and the resolution, section, or    539          

division so amended shall be repealed.  This requirement does not  540          

prevent the amendment of a resolution by the addition of a new     541          

section, or division, and in this case the full text of the        542          

former resolution need not be set forth, nor does this section     543          

prevent repeals by implication.  Except in the case of a           544          

codification or recodification of resolutions, a separate vote     545          

shall be taken on each resolution proposed to be amended.          546          

Resolutions that have been introduced and have received their      547          

first reading or their first and second readings, but have not     548          

been voted on for passage, may be amended or revised by a          549          

majority vote of the members of the board of township trustees,    550          

and the amended or revised resolution need not receive additional  551          

readings.                                                          552          

      The board of township trustees of a limited self-government  554          

HOME RULE township may revise, codify, and publish in book form,   555          

the resolutions of the township in the same manner as provided in  556          

section 731.23 of the Revised Code for municipal corporations.     557          

Resolutions adopted by the board shall be published in the same    558          

manner as provided by sections 731.21, 731.22, 731.24, 731.25,     559          

and 731.26 of the Revised Code for municipal corporations, except  560          

that they shall be published in newspapers circulating within the  561          

township.  The clerk of the township shall perform the duties      562          

that the clerk of the legislative authority of a municipal         563          

corporation is required to perform under those sections.           564          

                                                          13     


                                                                 
      Sec. 504.13.  (A)  The EXCEPT AS PROVIDED IN DIVISION (B)    573          

OF THIS SECTION, THE board of township trustees of a township      575          

that adopts the A limited self-government form of HOME RULE        576          

government may ADOPT, by resolution, adopt building codes and      578          

other standard codes promulgated by the state, or any department,  579          

board, or other agency of the state, or any code prepared and      580          

promulgated by a public or private organization that publishes a   581          

model or standard code, including, but not limited to, a plumbing  583          

code, electrical code, refrigeration machinery code, piping code,  584          

boiler code, heating code, air conditioning code, or any code      585          

pertaining to fire, fire hazards, and fire prevention.  Any codes  586          

adopted pursuant to this section shall be adopted in the manner    587          

provided for in section 505.75 of the Revised Code and shall be    588          

made available as required in section 505.76 of the Revised Code.  589          

      (B)(1)  In a county in which the board of county             591          

commissioners adopts a code as described in division (A) of this   592          

section, no NO township that adopts the limited self-government    594          

HOME RULE form of government shall adopt such a code DESCRIBED IN  595          

DIVISION (A) OF THIS SECTION IN ANY COUNTY THAT HAS ADOPTED A      596          

CODE DEALING WITH THE SAME MATTER TO BE REGULATED.                 597          

      (2)  If a board of township trustees in a township that      599          

adopts the A limited self-government form of HOME RULE government  601          

adopts a code as described in division (A) of this section and     602          

the board of county commissioners of the county in which the       603          

township is located subsequently adopts a code dealing with the    604          

same matter to be regulated, the code adopted by the board of      606          

township trustees shall be of no effect one year after the         607          

effective date of the code adopted by the board of county          608          

commissioners or at an earlier date, as determined by the board    609          

of township trustees.                                              610          

      Sec. 504.14.  In a township that adopts the A limited        619          

self-government form of HOME RULE government, resolutions may be   620          

proposed by initiative petition by the electors in the             621          

unincorporated area of the township and adopted by election by     623          

                                                          14     


                                                                 
these electors, and resolutions adopted by the board of township   624          

trustees may be submitted to these electors for their approval or  625          

rejection by referendum, under the same circumstances and in the   626          

same manner as provided by sections 731.28 to 731.40 of the        627          

Revised Code for municipal corporations, except that BOTH OF THE   628          

FOLLOWING APPLY:                                                                

      (A)  Initiative and referendum petitions shall be filed      630          

with the township clerk, who shall perform those THE duties        631          

imposed under such THOSE sections upon the city auditor or         633          

village clerk.                                                     634          

      (B)  Initiative and referendum petitions shall contain the   636          

signatures of not less than ten per cent of the total number of    637          

electors in the unincorporated area of the township who voted for  638          

the office of governor at the preceding MOST RECENT general        639          

election for that office in that area of the township.             641          

      Sec. 504.16.  (A)  Each township that adopts the A limited   650          

self-government form of township HOME RULE government shall        651          

promptly do one of the following:                                  652          

      (1)  Establish a police district pursuant to section 505.48  654          

of the Revised Code, except that the district shall include all    655          

of the unincorporated area of the township and no other            656          

territory;                                                         657          

      (2)  Establish a joint township police district pursuant to  659          

section 505.481 of the Revised Code;                               660          

      (3)  Contract pursuant to section 311.29, 505.43, or 505.50  662          

of the Revised Code to obtain police protection services,          663          

including the enforcement of township resolutions adopted under    664          

this chapter, or ON a regular basis.                               665          

      (B)  A township that has taken an action described in        667          

division (A) of this section before adopting the A limited         668          

self-government form of township HOME RULE government need not     669          

take any other such action upon adopting that form GOVERNMENT.     670          

      (C)  The requirement that a township take one of the         672          

actions described in divisions (A)(1), (2), and (3) of this        673          

                                                          15     


                                                                 
section does not prevent a township that acts under division       674          

(A)(1) or (2) of this section from contracting under division      675          

(A)(3) of this section to obtain additional police protection      676          

services on a regular basis.                                       677          

      Sec. 504.17.  The establishment of the A limited             686          

self-government form of township HOME RULE government does not     687          

affect any act done, ratified, or affirmed, or any contract or     688          

other right or obligation accrued or established, or any action,   689          

prosecution, or proceeding, civil or criminal, pending at the      690          

time this change in form of government takes effect.  The          691          

establishment of the A limited self-government form of township    693          

HOME RULE government does not affect any cause of action,          694          

prosecutions, or proceedings existing at the time it takes         695          

effect.  Rights that attach to any act of the township, and        696          

actions, prosecutions, or proceedings may be prosecuted and        697          

continued, or instituted and prosecuted against, by, or before     698          

the department having jurisdiction or power of the subject matter  699          

to which such THE right, action, prosecution, or proceedings       700          

pertain.                                                                        

      All rules and orders lawfully promulgated prior to the       702          

establishment of the A limited self-government form of township    704          

HOME RULE government in the township continue in force and effect  705          

until amended or rescinded in accordance with this chapter.        706          

      Sec. 504.18.  (A)  As used in this section and in section    715          

SECTIONS 504.19 AND 504.20 of the Revised Code, "water supply      717          

facilities" means all buildings, facilities, and pipelines         719          

acquired, constructed, or operated by or leased to a township, or  720          

to be acquired, constructed, or operated by or leased to a         721          

township, that the board of township trustees considers necessary  722          

for the storage, transportation, or treatment of water resources   723          

and the operation of facilities which THAT supply water, together  724          

with all property rights, easements, and interests in real or      726          

personal property that may be required for the operation of the    727          

facilities.                                                                     

                                                          16     


                                                                 
      (B)  For the purpose of supplying water OR SEWER SERVICES    729          

to users within the unincorporated area of the township, the       731          

board of township trustees by resolution may acquire, construct,   732          

maintain, improve, repair, operate, and pay all or any part of     733          

the costs of water supply facilities.  The board may provide such  734          

A supply of water OR SEWER SERVICES by contract with any           736          

municipal corporation, COUNTY SEWER DISTRICT, OR REGIONAL WATER    737          

AND SEWER DISTRICT or any person, firm, or private corporation     739          

furnishing a public water supply OR SEWER SERVICES within or       740          

outside its THE township.  If the best interests of the township   742          

and the users of the water supply facility so require, the board   744          

may sell or otherwise dispose of the water supply facility.                     

      (C)  To pay all or any part of the costs of A water supply   746          

facilities OR SEWER SERVICES UNDER THIS SECTION OR SECTION 504.19  747          

OF THE REVISED CODE, the board OF TOWNSHIP TRUSTEES by resolution  748          

may levy special assessments upon lots and lands in the township   749          

benefiting from the water supply facilities OR SEWER IMPROVEMENTS  750          

and may issue unvoted securities in anticipation of the levy or    752          

collection of those special assessments in accordance with         753          

Chapter 133. of the Revised Code. At the discretion of the board,  754          

assessments may be levied by one of the following methods:         755          

      (1)  By a percentage of the tax value of the property        757          

assessed;                                                          758          

      (2)  In proportion to the benefits that result from the      760          

improvement IMPROVEMENTS;                                          761          

      (3)  By the front footage of the property bounding and       763          

abutting the improvements.                                         764          

      (D)  For the purpose of paying costs of constructing or      766          

otherwise improving a water supply facility and paying debt        768          

service charges on voted or unvoted securities of the township                  

issued for such purposes, and for paying costs of operating and    769          

maintaining a water supply facility, the board may charge, alter   771          

and collect rents and other charges for the use of services of a                

water supply facility, which rents and charges if not paid when    773          

                                                          17     


                                                                 
due may be certified by the township clerk to the county auditor,  774          

who shall place the same on the tax duplicate to be collected as   775          

other taxes.  Those rents and charges are a lien on the property   776          

served from and after the date of entry by the county auditor on   777          

the tax duplicate.                                                 778          

      (E)  The costs of constructing or otherwise improving a      780          

water supply facility may include any of the following:            782          

      (1)  The purchase price of real estate or any interest       784          

therein;                                                           785          

      (2)  The cost of preliminary and other surveys;              787          

      (3)  The cost of preparing plans, specifications, profiles,  789          

and estimates;                                                     790          

      (4)  The cost of printing, serving, and publishing notices   792          

and any required legislation;                                      793          

      (5)  The cost of all special proceedings;                    795          

      (6)  The cost of labor and material, whether furnished by    797          

contract or otherwise;                                             798          

      (7)  Interest on bonds or notes issued in anticipation of    800          

the levy or collection of special assessments;                     801          

      (8)  The total amount of damages resulting from the project  803          

that are assessed in favor of any owners of lands affected by the  804          

project and any interest thereon;                                  805          

      (9)  The cost incurred in connection with the preparation,   807          

levy, and collection of the special assessments, including legal   808          

expenses incurred by reason of the project;                        809          

      (10)  All contract construction costs;                       811          

      (11)  Incidental costs connected with the project.           813          

      (F)  The board may make any contract for the purchase of     815          

supplies or material or for labor for any work in connection with  816          

the water supply facilities in the manner provided in section      818          

6119.10 of the Revised Code.                                                    

      (G)  The board may adopt, amend, rescind, publish,           820          

administer, and enforce rules for the construction, maintenance,   821          

operation, protection, and use of the water supply facilities as   823          

                                                          18     


                                                                 
are considered necessary and advisable.  The rules shall not be    824          

inconsistent with the laws of the state or the rules of the                     

environmental protection agency.  The board may enforce the rules  825          

by mandamus, injunction, or other legal remedy.                    826          

      Sec. 504.19.  (A)  The board of township trustees may        835          

prepare and adopt a general plan of water supply OR SEWER          836          

SERVICES.  After the general plan has been approved by the board,  837          

the BOARD IMMEDIATELY SHALL NOTIFY THE BOARD OF COUNTY             839          

COMMISSIONERS IF TERRITORY SERVED BY A COUNTY WATER SUPPLY                      

FACILITY OR A COUNTY SEWER DISTRICT INCLUDES TERRITORY TO BE       840          

COVERED BY THE PLAN, THE LEGISLATIVE AUTHORITY OF A MUNICIPAL      841          

CORPORATION THAT OPERATES A WATER SUPPLY OR SEWER SYSTEM IN ANY    842          

OF THE TERRITORY TO BE COVERED BY THE PLAN, AND THE BOARD OF       843          

TRUSTEES OF ANY EXISTING REGIONAL WATER AND SEWER DISTRICT THAT    845          

INCLUDES ANY TERRITORY TO BE COVERED BY THE PLAN, OF THE           846          

TOWNSHIP'S INTENTION TO PROVIDE WATER SUPPLY OR SEWER SERVICES     847          

AND SHALL DESCRIBE THE AREA WHERE THE TOWNSHIP PROPOSES TO         849          

PROVIDE WATER SUPPLY OR SEWER SERVICES.  THE NOTIFIED BOARD OF     850          

COUNTY COMMISSIONERS, LEGISLATIVE AUTHORITY OF A MUNICIPAL         851          

CORPORATION, AND BOARD OF TRUSTEES OF THE REGIONAL WATER AND       853          

SEWER DISTRICT THEN HAVE THIRTY DAYS FROM THE DATE OF              854          

NOTIFICATION TO COMMENT AND OBJECT IN WRITING TO THE TOWNSHIP'S    855          

PROVISION OF WATER SUPPLY OR SEWER SERVICES.  AN OBJECTION MAY BE               

BASED ON ONE OR MORE OF THE FOLLOWING:                             856          

      (1)  THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT  858          

ALREADY PROVIDES THE PROPOSED WATER SUPPLY OR SEWER SERVICES TO    860          

THE AREA TO BE SERVED.                                                          

      (2)  THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT  862          

HAS IN ITS SERVICE PLAN PROVISIONS TO PROVIDE THE PROPOSED WATER   864          

SUPPLY OR SEWER SERVICES IN THE FUTURE TO THE PROPOSED AREA        865          

WITHIN A REASONABLE PERIOD OF TIME.                                866          

      WITHIN FIFTEEN DAYS AFTER RECEIVING OBJECTIONS, THE BOARD    869          

OF TOWNSHIP TRUSTEES MAY REQUEST IN WRITING SUBMITTED TO THE       870          

OBJECTING PARTY THAT THE ISSUE OF THE TOWNSHIP'S PROVISION OF THE  871          

                                                          19     


                                                                 
PROPOSED WATER SUPPLY OR SEWER SERVICES BE MEDIATED.  THE          872          

MEDIATION SHALL BE PERFORMED EITHER BY THE OHIO COMMISSION ON      874          

DISPUTE RESOLUTION AND CONFLICT MANAGEMENT OR BY HAVING EACH       875          

PARTY SELECT A MEDIATOR AND HAVING THOSE TWO MEDIATORS SELECT A    876          

THIRD MEDIATOR WHO, TOGETHER WITH THE OTHER TWO MEDIATORS, SHALL   877          

CONDUCT THE MEDIATION.                                             878          

      WITHIN FORTY-FIVE DAYS AFTER THE REQUEST FOR MEDIATION IS    881          

SUBMITTED, ANY MEDIATION SHALL BE COMPLETED, AND ANY AGREEMENTS    882          

REACHED BETWEEN THE PARTIES SHALL BE FILED IN WRITING WITH THE     883          

PARTIES.  THEREAFTER, THE RESPECTIVE GOVERNING BOARDS MAY ADOPT    884          

THE AGREEMENTS, MAKING THOSE AGREEMENTS BINDING ON THE PARTIES,    885          

OR, IF ONE OR MORE OF THE AGREED-UPON POINTS IS REJECTED, THAT     886          

REJECTION SHALL BE CONSIDERED A FINAL DECISION OF A GOVERNING      887          

BOARD FOR PURPOSES OF CHAPTER 2506. OF THE REVISED CODE, AND THE   889          

BOARD OF TOWNSHIP TRUSTEES MAY FILE AN APPEAL UNDER THAT CHAPTER   890          

REGARDING ITS PROVISION OF THE PROPOSED WATER SUPPLY OR SEWER                   

SERVICES.  IN ADDITION TO ANY FINDINGS OF THE COURT PROVIDED IN    891          

SECTION 2506.04 OF THE REVISED CODE, THE COURT MAY DETERMINE THAT  894          

THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT HAS NOT                  

MET THE CRITERIA SPECIFIED IN DIVISIONS (A)(1) AND (2) OF THIS     897          

SECTION AND, THEREFORE, THE TOWNSHIP MAY PROVIDE ITS PROPOSED      898          

WATER SUPPLY OR SEWER SERVICES OR, IN THE ALTERNATIVE, MAY         900          

DETERMINE THAT THE TOWNSHIP COULD PROVIDE THE PROPOSED WATER       901          

SUPPLY OR SEWER SERVICES MORE EXPEDIENTLY THAN THE COUNTY,                      

MUNICIPAL CORPORATION, OR SPECIAL DISTRICT WITH NO SUBSTANTIAL     904          

INCREASE IN COST TO THE USERS OF THE WATER SUPPLY OR SEWER         905          

SERVICES AND, THEREFORE, ORDER THAT THE TOWNSHIP MAY PROVIDE ITS   907          

PROPOSED WATER SUPPLY OR SEWER SERVICES.                                        

      (B)  ONCE THE BOARD HAS APPROVED A GENERAL PLAN OF WATER     910          

SUPPLY OR SEWER SERVICES UNDER DIVISION (A) OF THIS SECTION, THE   912          

board shall hire an engineer to prepare detailed plans,            913          

specifications, and estimates of the cost of the improvement       914          

IMPROVEMENTS, together with a tentative assessment of the cost     916          

based on such THE estimates.  The tentative assessment shall be    918          

                                                          20     


                                                                 
for the information of property owners, and shall not be           919          

certified to the county auditor for collection.  The detailed      920          

plans, specifications, estimates of cost, and tentative            921          

assessment, as prepared by the engineer and approved by the        922          

board, shall be preserved in the office of the board and shall be  923          

open to inspection of all persons interested in the improvements.  924          

      (B)  The (C)  ONCE IT HAS BEEN DETERMINED UNDER DIVISION     927          

(A) OF THIS SECTION THAT A TOWNSHIP MAY PROVIDE ITS PROPOSED                    

WATER SUPPLY OR SEWER SERVICES, THE board may condemn for the use  928          

of the township any public or private land, easement, rights,      930          

rights-of-way, franchises, or other property within or outside     931          

the township required by it for the accomplishment of its          932          

purposes according to the procedure set forth in sections 163.01   933          

to 163.22 of the Revised Code.  The engineer hired by the board    934          

may enter upon any public or private property for the purpose of   935          

making surveys and examinations necessary for the design or        936          

examination of water supply OR SEWER facilities.  No person shall  937          

forbid or interfere with the engineer or his THE ENGINEER'S        938          

authorized assistants entering upon property for these purposes.   940          

If actual damage is done to property by the making of a survey     941          

and examination, the board shall pay the reasonable value of the   942          

damage to the owner of the property damaged, and the cost shall    943          

be included in the assessment upon the property benefited by the   944          

improvement.                                                                    

      (C)(D)  As soon as all questions of compensation and         946          

damages have been determined for any water supply facilities OR    947          

SEWER SERVICES improvement project, the board shall cause to be    948          

made an estimated assessment, upon the lots and lands to be        949          

assessed, of such part of the compensation, damages, and costs of  950          

the improvement as is to be specially assessed according to the    951          

method specified by resolution of the board.  The schedule of the  952          

assessments shall be filed with the township clerk for the         953          

inspection of interested persons.  Before adopting the estimated   954          

assessment, the board shall cause written notice to be sent to     955          

                                                          21     


                                                                 
the owners of all lots and lands to be assessed that the           956          

assessment has been made and is on file with the township clerk,   957          

and the date when objections to the assessment will be heard.      958          

Such objections OBJECTIONS shall be filed in writing with the      960          

board before the date of the hearing.  If any objections are       961          

filed, the board shall hear them and act as an equalizing board,   962          

and may change the assessments if, in its opinion, any change is   963          

necessary to make the assessments just and equitable.  The board   964          

shall adopt a resolution approving and confirming the assessments  965          

as reported to or modified by the board.                           966          

      (D)(E)  The resolution levying the assessments shall         968          

apportion the cost among the benefited lots and lands in the       969          

manner provided by the board by resolution.  The board shall       970          

certify the amounts to be levied upon each lot or parcel of land   971          

to the county auditor, who shall enter the amounts on the tax      972          

duplicate, to be collected as other taxes.  The principal shall    973          

be payable in not more than forty semiannual installments, as      974          

determined by the board.  Any assessment in the amount of          975          

twenty-five dollars or less, or of which the unpaid balance is     976          

twenty-five dollars or less, shall be paid in full and not in      977          

installments, at the time the first or next installment otherwise  978          

would become due and payable.  Assessments are a lien upon the     979          

respective lots or parcels of land assessed from the date of       980          

adoption of the resolution under division (C)(D) of this section.  981          

In the event that IF bonds are issued to pay the compensation,     984          

damages, and the costs of an improvement, the principal amount of  985          

the assessment shall be payable in such number of semiannual       986          

installments and in such amounts as the board determines to be     987          

necessary to provide a fund for the payment of the principal of    988          

and interest on the bonds and shall bear interest from the date    989          

of THE ISSUANCE OF THE BONDS and at the same rate as the bonds.    991          

      (E)(F)  Any owner of property to be assessed for any water   993          

supply facilities OR SEWER SERVICES improvement project, or other  994          

person aggrieved by the action of the board in regard to any       995          

                                                          22     


                                                                 
water supply facilities OR SEWER SERVICES improvement project,     996          

may appeal to the court of common pleas, in the manner prescribed  997          

by Chapter 2506. of the Revised Code.                              998          

      (F)(G)  When collected, the assessments shall be paid by     1,000        

the county auditor by warrant of the county treasurer into a       1,001        

special fund in the township treasury created for the purpose of   1,002        

constructing, improving, maintaining, and operating water supply   1,003        

facilities OR SEWER IMPROVEMENTS.  The board may expend moneys     1,004        

from the fund only for the purposes for which the assessments      1,005        

were levied.                                                                    

      Sec. 504.20.  (A)  FOR THE PURPOSE OF SUPPLYING WATER AND    1,008        

PROVIDING SEWER SERVICES TO USERS WITHIN THE UNINCORPORATED AREA   1,009        

OF THE TOWNSHIP UNDER A PLAN ADOPTED PURSUANT TO SECTION 504.19    1,010        

OF THE REVISED CODE, THE BOARD OF TOWNSHIP TRUSTEES BY RESOLUTION  1,012        

MAY ACQUIRE, CONSTRUCT, MAINTAIN, IMPROVE, REPAIR, OPERATE, AND    1,013        

PAY ALL OR ANY PART OF THE COSTS OF WATER SUPPLY FACILITIES OR     1,014        

SEWER IMPROVEMENTS.  IF THE BEST INTERESTS OF THE TOWNSHIP AND     1,015        

THE USERS OF THE WATER SUPPLY FACILITIES OR SEWER SERVICES SO      1,016        

REQUIRE, THE BOARD MAY SELL OR OTHERWISE DISPOSE OF A WATER        1,017        

SUPPLY FACILITY OR SEWER IMPROVEMENT.                              1,018        

      (B)  TO COVER THE COSTS OF ACQUIRING, CONSTRUCTING,          1,021        

MAINTAINING, IMPROVING, REPAIRING, OR OPERATING A WATER SUPPLY     1,022        

FACILITY OR SEWER IMPROVEMENT, THE BOARD MAY ISSUE GENERAL         1,023        

OBLIGATION BONDS OF THE TOWNSHIP IN ACCORDANCE WITH CHAPTER 133.   1,024        

OF THE REVISED CODE, FOR WHICH THE FULL FAITH AND CREDIT OF THE    1,027        

TOWNSHIP SHALL BE PLEDGED.                                                      

      (C)  FOR THE PURPOSE OF PAYING COSTS OF CONSTRUCTING OR      1,030        

OTHERWISE IMPROVING A WATER SUPPLY FACILITY OR SEWER IMPROVEMENT   1,031        

AND PAYING DEBT SERVICE CHARGES ON VOTED OR UNVOTED SECURITIES OF  1,032        

THE TOWNSHIP ISSUED FOR THOSE PURPOSES, AND FOR PAYING COSTS OF    1,033        

OPERATING, REPAIRING, AND MAINTAINING A WATER SUPPLY FACILITY OR   1,034        

SEWER IMPROVEMENT, THE BOARD MAY CHARGE, ALTER, AND COLLECT RENTS  1,035        

AND OTHER CHARGES FOR THE USE OF SERVICES OF A WATER SUPPLY        1,036        

FACILITY OR SEWER IMPROVEMENT, WHICH RENTS AND CHARGES IF NOT      1,037        

                                                          23     


                                                                 
PAID WHEN DUE MAY BE CERTIFIED BY THE TOWNSHIP CLERK TO THE        1,038        

COUNTY AUDITOR, WHO SHALL PLACE THE SAME ON THE TAX DUPLICATE TO   1,039        

BE COLLECTED AS OTHER TAXES.  THOSE RENTS AND CHARGES ARE A LIEN   1,040        

ON THE PROPERTY SERVED FROM AND AFTER THE DATE OF ENTRY BY THE     1,041        

COUNTY AUDITOR ON THE TAX DUPLICATE.                               1,042        

      (D)  THE COSTS OF CONSTRUCTING OR OTHERWISE IMPROVING A      1,045        

WATER SUPPLY FACILITY OR SEWER IMPROVEMENT MAY INCLUDE ANY OF THE  1,046        

FOLLOWING:                                                                      

      (1)  THE PURCHASE PRICE OF REAL ESTATE OR ANY INTEREST IN    1,049        

REAL ESTATE;                                                                    

      (2)  THE COST OF PRELIMINARY AND OTHER SURVEYS;              1,051        

      (3)  THE COST OF PREPARING PLANS, SPECIFICATIONS, PROFILES,  1,054        

AND ESTIMATES;                                                                  

      (4)  THE COST OF PRINTING, SERVING, AND PUBLISHING NOTICES   1,057        

AND ANY REQUIRED LEGISLATION;                                                   

      (5)  THE COST OF ALL SPECIAL PROCEEDINGS;                    1,059        

      (6)  THE COST OF LABOR AND MATERIAL, WHETHER FURNISHED BY    1,062        

CONTRACT OR OTHERWISE;                                                          

      (7)  INTEREST ON BONDS OR NOTES ISSUED IN ANTICIPATION OF    1,065        

THE LEVY OR COLLECTION OF SPECIAL ASSESSMENTS;                                  

      (8)  THE TOTAL AMOUNT OF DAMAGES RESULTING FROM THE PROJECT  1,068        

THAT ARE ASSESSED IN FAVOR OF ANY OWNERS OF LANDS AFFECTED BY THE  1,069        

PROJECT AND ANY INTEREST ON THOSE DAMAGES;                                      

      (9)  THE COST INCURRED IN CONNECTION WITH THE PREPARATION,   1,072        

LEVY, AND COLLECTION OF THE SPECIAL ASSESSMENTS, INCLUDING LEGAL   1,073        

EXPENSES INCURRED BY REASON OF THE PROJECT;                        1,074        

      (10)  ALL CONTRACT CONSTRUCTION COSTS;                       1,076        

      (11)  INCIDENTAL COSTS CONNECTED WITH THE PROJECT.           1,078        

      (E)  THE BOARD MAY ADOPT, AMEND, RESCIND, PUBLISH,           1,081        

ADMINISTER, AND ENFORCE RULES FOR THE CONSTRUCTION, MAINTENANCE,   1,082        

OPERATION, PROTECTION, AND USE OF WATER SUPPLY FACILITIES AND      1,083        

SEWER SERVICES, THAT ARE CONSIDERED NECESSARY AND ADVISABLE.  THE  1,084        

RULES SHALL NOT BE INCONSISTENT WITH THE LAWS OF THE STATE OR THE  1,085        

RULES OF THE ENVIRONMENTAL PROTECTION AGENCY.  THE BOARD MAY       1,086        

                                                          24     


                                                                 
ENFORCE THE RULES BY MANDAMUS, INJUNCTION, OR OTHER LEGAL REMEDY.  1,087        

      Sec. 505.261.  To A BOARD OF TOWNSHIP TRUSTEES MAY acquire   1,096        

suitable lands and materials, INCLUDING LANDSCAPE PLANTING AND     1,097        

OTHER SITE IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND     1,098        

RECREATIONAL EQUIPMENT AND APPARATUS, to establish a township      1,102        

park pursuant to section 505.26 of the Revised Code, a board of    1,103        

township trustees AND FOR THOSE PURPOSES may accept a conveyance   1,105        

of, purchase for cash or by installment payments, enter into       1,106        

lease-purchase agreements for, lease with option to purchase, or   1,107        

lease the suitable lands and materials ISSUE, SUBJECT TO CHAPTER   1,108        

133. OF THE REVISED CODE, SECURITIES AND OTHER PUBLIC OBLIGATIONS  1,112        

AS DEFINED IN DIVISION (GG) OF SECTION 133.01 OF THE REVISED       1,115        

CODE.                                                                           

      If the lands or materials are purchased, the board may pay   1,117        

for them over a period of four THIRTY years from the date of       1,118        

purchase, and may issue the notes SECURITIES of the township       1,120        

covering the deferred payments and payable at the times provided   1,122        

PURSUANT TO DIVISION (B)(3)(c) OF SECTION 133.20 OF THE REVISED    1,127        

CODE.  IF MATERIALS, INCLUDING LANDSCAPE PLANTING OR OTHER SITE    1,128        

IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND RECREATIONAL   1,129        

EQUIPMENT AND APPARATUS, ARE PURCHASED, THE BOARD MAY ISSUE        1,130        

SECURITIES OF THE TOWNSHIP FOR THAT PURPOSE HAVING A MAXIMUM       1,131        

MATURITY AS SPECIFIED IN DIVISION (B)(6)(e) OR (f) OF SECTION      1,134        

133.20 OF THE REVISED CODE COVERING THE DEFERRED PAYMENTS.  The    1,137        

notes SECURITIES may bear interest not to exceed the rate          1,138        

determined as provided in section 9.95 of the Revised Code.  The   1,139        

notes SECURITIES shall not be included in the computation of the   1,141        

net indebtedness of the township under section 133.09 of the       1,142        

Revised Code.  The                                                              

      THE resolution authorizing the issuance of the notes         1,145        

SECURITIES shall provide for amounts sufficient to pay the         1,147        

interest on and principal of the notes SECURITIES.  For this                    

purpose, the board may expend funds from the township general      1,149        

fund, or the board may levy a tax, not to exceed one-half of one   1,150        

                                                          25     


                                                                 
mill, on the taxable property of the township for a period not to  1,151        

exceed four years.  The tax shall be collected as other taxes and  1,152        

appropriated to pay the interest on and principal of the notes.    1,153        

Not less than one-fourth of the purchase price shall be paid in    1,154        

cash at the time of purchase as provided in the contract and the   1,155        

remainder of the purchase price shall be paid in annual            1,156        

installments of not less than one-fourth of the total purchase     1,157        

price secured by notes of equal amounts SECURITIES.  The notes     1,159        

SECURITIES shall contain an option for prepayment.  The notes      1,160        

SECURITIES shall be offered for sale on the open market or may be  1,162        

given to the vendor or contractor if no sale is made on the open   1,163        

market.                                                                         

      The board shall have surveys and plats made of the lands     1,165        

acquired for a township park, and shall establish permanent        1,166        

monuments on the boundaries of the lands.  The plats, when         1,167        

executed according to sections 711.01 to 711.38 of the Revised     1,168        

Code, shall be recorded in the office of the county recorder, and  1,169        

such records shall be admissible in evidence for the purpose of    1,170        

locating and ascertaining the true boundaries of the park.  In     1,171        

furtherance of the use and enjoyment of the park lands controlled  1,172        

by it, the board may accept donations of money or other property,  1,173        

or may act as trustees of land, money, or other property, and use  1,174        

and administer them as stipulated by the donor, or as provided in  1,175        

the trust agreement.  The terms of each donation or trust shall    1,176        

first be approved by the court of common pleas before acceptance   1,177        

by the board.                                                      1,178        

      The board may receive and expend grants for park purposes    1,180        

from agencies and instrumentalities of the United States or of     1,181        

this state, and may enter into contracts or agreements with the    1,182        

agencies and instrumentalities, or with other townships, township  1,183        

park boards, municipal corporations, municipal park boards,        1,184        

counties, park districts, or other similar park authorities, to    1,185        

carry out the purposes for which the grants were furnished.        1,186        

      The board shall devise plans for the maintenance and         1,188        

                                                          26     


                                                                 
improvement of the park and award all contracts for maintenance    1,189        

and improvement in the manner provided by the law governing        1,190        

township trustees in awarding contracts for public improvements.   1,191        

The board may appoint all necessary employees, fix their           1,192        

compensation, and prescribe their duties.  The board may prohibit  1,193        

selling, giving away, or using any intoxicating liquors in the     1,194        

township park, and may pass bylaws and adopt rules for the         1,195        

government of the park and provide for their enforcement by fines  1,196        

and penalties.                                                     1,197        

      Sec. 505.262.  (A)  Notwithstanding division (D) of section  1,206        

505.37 of the Revised Code or any other statute of this state,     1,207        

the board of township trustees of any township may, by unanimous   1,208        

vote, MAY adopt a resolution allowing the township to contract     1,209        

for the purchase of equipment, buildings, and sites, or for the    1,210        

construction of buildings, for any lawful township purpose.  The   1,211        

board may ISSUE, by resolution adopted by unanimous vote, issue    1,212        

the notes SECURITIES of the township to finance purchases and      1,213        

construction made pursuant to this division.  The notes            1,215        

SECURITIES shall be signed by the board and attested by the        1,217        

signature of the township clerk, and shall be payable over a       1,218        

period not exceeding nine years THE MAXIMUM MATURITY OF THOSE      1,219        

SECURITIES IS SUBJECT TO THE LIMITATIONS IN SECTION 133.20 OF THE  1,220        

REVISED CODE.  The notes SECURITIES shall bear interest not to     1,221        

exceed the rate determined as provided in section 9.95 of the      1,223        

Revised Code, and shall not be subject to Chapter 133. of the      1,224        

Revised Code.  The resolution authorizing the issuance of the      1,225        

notes SECURITIES shall provide for levying and collecting          1,227        

annually by taxation, amounts sufficient to pay the interest on    1,228        

and principal of the notes.  Not less than one-tenth of the        1,229        

purchase price or construction cost shall be paid in cash at the   1,230        

time of purchase, as provided in the contract, and the remainder   1,231        

of the purchase price or construction cost shall be paid in        1,232        

annual installments of not less than one-tenth of the total        1,233        

purchase price or construction cost, secured by notes of equal     1,234        

                                                          27     


                                                                 
amounts.  Notes in amounts greater than one-tenth of the total     1,235        

purchase price or construction cost may be issued.  Notes may be   1,236        

issued for a period of nine years or less and, if for a period of  1,237        

less than nine years, the notes may be renewed from time to time,  1,238        

provided that any renewal shall be paid in full no later than      1,239        

nine years from the date when the initial notes were sold          1,240        

SECURITIES.  The notes SECURITIES may contain a clause permitting  1,242        

prepayment at the option of the board.  Notes SECURITIES shall be  1,243        

offered for sale on the open market or given to the vendor or      1,244        

contractor if no sale is made.                                     1,245        

      (B)  No purchase or construction pursuant to division (A)    1,247        

of this section shall be undertaken unless the county auditor      1,248        

certifies that, if the purchase or construction is undertaken,     1,249        

the debt service charge for the purchase or construction in the    1,250        

first year, together with the debt service charge for that same    1,251        

year for any other purchase or construction already undertaken     1,252        

pursuant to division (A) of this section, does not exceed          1,253        

one-tenth of the township's total revenue from all sources.  If    1,254        

the county auditor so certifies, in every year of the debt after   1,255        

the first year, the county budget commission shall include a debt  1,256        

charge in the township's annual tax budget submitted pursuant to   1,257        

sections 5705.01 to 5705.47 of the Revised Code sufficient to      1,258        

meet the annual debt incurred pursuant to division (A) of this     1,259        

section, if such debt charge is omitted from the budget.           1,260        

      Sec. 505.264.  (A)  As used in this section, "energy         1,269        

conservation measure" means an installation or modification of an  1,270        

installation in, or remodeling of, an existing building, to        1,271        

reduce energy consumption.  It includes THE FOLLOWING:             1,272        

      (1)  Insulation of the building structure and of systems     1,274        

within the building;                                               1,275        

      (2)  Storm windows and doors, multiglazed windows and        1,277        

doors, heat-absorbing or heat-reflective glazed and coated window  1,278        

and door systems, additional glazing, reductions in glass area,    1,279        

and other window and door system modifications that reduce energy  1,280        

                                                          28     


                                                                 
consumption;                                                       1,281        

      (3)  Automatic energy control systems;                       1,283        

      (4)  Heating, ventilating, or air conditioning system        1,285        

modifications or replacements;                                     1,286        

      (5)  Caulking and weatherstripping;                          1,288        

      (6)  Replacement or modification of lighting fixtures to     1,290        

increase the energy efficiency of the system without increasing    1,291        

the overall illumination of a facility, unless such an increase    1,292        

in illumination is necessary to conform to the applicable state    1,293        

or local building code for the proposed lighting system;           1,294        

      (7)  Energy recovery systems;                                1,296        

      (8)  Cogeneration systems that produce steam or forms of     1,298        

energy such as heat, as well as electricity, for use primarily     1,299        

within a building or complex of buildings;                         1,300        

      (9)  Any other modification, installation, or remodeling     1,302        

approved by the board of township trustees as an energy            1,303        

conservation measure.                                              1,304        

      (B)  For the purpose of evaluating township buildings for    1,306        

energy conservation measures, a township may contract with an      1,307        

architect, professional engineer, energy services company,         1,308        

contractor, or other person experienced in the design and          1,309        

implementation of energy conservation measures for a report that   1,310        

analyzes the buildings' energy needs and presents recommendations  1,311        

for building installations, modifications of existing              1,312        

installations, or building remodeling that would significantly     1,313        

reduce energy consumption in the buildings owned by that           1,314        

township.  The report shall include estimates of all costs of      1,315        

such THE installations, modifications, or remodeling, including    1,316        

costs of design, engineering, installation, maintenance, and       1,318        

repairs, and estimates of the amounts by which energy consumption  1,319        

could be reduced.                                                  1,320        

      (C)  A township desiring to implement energy conservation    1,322        

measures may proceed under either of the following methods:        1,323        

      (1)  Using a report or any part of a report prepared under   1,325        

                                                          29     


                                                                 
division (B) of this section, advertise for bids and comply with   1,326        

the bidding procedures set forth in sections 307.86 to 307.92 of   1,327        

the Revised Code;                                                  1,328        

      (2)  Request proposals from at least three vendors for the   1,330        

implementation of energy conservation measures.  Prior to sending  1,331        

any installer of energy conservation measures a copy of any such   1,332        

request, the township shall advertise its intent to request        1,333        

proposals for the installation of energy conservation measures in  1,334        

a newspaper of general circulation in the township once a week     1,335        

for two consecutive weeks.  The notice shall state that the        1,336        

township intends to request proposals for the installation of      1,337        

energy conservation measures; indicate the date, which shall be    1,338        

at least ten days after the second publication, on which the       1,339        

request for proposals will be mailed to installers of energy       1,340        

conservation measures; and state that any installer of energy      1,341        

conservation measures interested in receiving the request for      1,342        

proposal shall submit written notice to the township not later     1,343        

than noon of the day on which the request for proposal will be     1,344        

mailed.                                                            1,345        

      Upon receiving the proposals the township shall analyze      1,347        

them and select the proposal or proposals most likely to result    1,348        

in the greatest energy savings considering the cost of the         1,349        

project and the township's ability to pay for the improvements     1,350        

with current revenues or by financing the improvements.  The       1,351        

awarding of a contract to install energy conservation measures     1,352        

under division (C)(2) of this section shall be conditioned upon a  1,353        

finding by the township that the amount of money spent on energy   1,354        

savings measures is not likely to exceed the amount of money the   1,355        

township would save in energy and operating costs over ten years   1,356        

or a lesser period as determined by the township or, in the case   1,357        

of contracts for cogeneration systems, over five years or a        1,358        

lesser period as determined by the township.  Nothing in this      1,359        

section prohibits a township from rejecting all proposals or from  1,360        

selecting more than one proposal.                                  1,361        

                                                          30     


                                                                 
      (D)  A board of township trustees may enter into an          1,363        

installment payment contract for the purchase and installation of  1,364        

energy conservation measures.  Those ANY provisions of such THOSE  1,366        

installment payment contracts that deal with interest charges and  1,367        

financing terms shall not be subject to the competitive bidding    1,368        

procedures of section 307.86 of the Revised Code, and shall be on  1,369        

the following terms:                                               1,370        

      (1)  Not less than one-tenth of the costs of the contract    1,372        

shall be paid within two years from the date of purchase.          1,373        

      (2)  The remaining balance of the costs of the contract      1,375        

shall be paid within ten years from the date of purchase or, in    1,376        

the case of contracts for cogeneration systems, within five years  1,377        

from the date of purchase.  UNLESS                                 1,378        

      Unless otherwise approved by a resolution of the board, an   1,380        

installment payment contract entered into by a board of township   1,381        

trustees under this section shall require the board to contract    1,382        

in accordance with the procedures set forth in section 307.86 of   1,383        

the Revised Code for the installation, modification, or            1,384        

remodeling of energy conservation measures pursuant to this        1,385        

section.                                                           1,386        

      (E)  The board may issue the notes SECURITIES of the         1,388        

township specifying the terms of the purchase and securing the     1,389        

deferred payments provided in this section, payable at the times   1,390        

provided and bearing interest at a rate not exceeding the rate     1,391        

determined as provided in section 9.95 of the Revised Code.  THE   1,393        

MAXIMUM MATURITY OF THE SECURITIES SHALL BE AS PROVIDED IN                      

DIVISION (B)(6)(g) OF SECTION 133.20 OF THE REVISED CODE.  The     1,395        

notes SECURITIES may contain an option for prepayment and shall    1,396        

not be subject to Chapter 133. of the Revised Code.  Revenues      1,397        

derived from local taxes or otherwise, for the purpose of          1,398        

conserving energy or for defraying the current operating expenses  1,399        

of the township, may be applied to the payment of interest and     1,400        

the retirement of such notes THE SECURITIES.  The notes            1,401        

SECURITIES may be sold at private sale or given to the contractor  1,403        

                                                          31     


                                                                 
under the installment payment contract authorized by division (D)  1,404        

of this section.                                                                

      (F)  Debt incurred under this section shall not be included  1,406        

in the calculation of the net indebtedness of a township under     1,407        

section 133.09 of the Revised Code.                                1,408        

      Sec. 505.37.  (A)  The board of township trustees may        1,417        

establish all necessary rules to guard against the occurrence of   1,418        

fires and to protect the property and lives of the citizens        1,419        

against damage and accidents, and may, with the approval of the    1,420        

specifications by the prosecuting attorney, purchase or otherwise  1,421        

provide any fire apparatus, mechanical resuscitators, or other     1,422        

equipment, appliances, materials, fire hydrants, and water supply  1,423        

for fire-fighting purposes that seems advisable to the board. The  1,425        

board shall provide for the care and maintenance of fire                        

equipment, and, for such THESE purposes, may purchase, lease, or   1,426        

construct and maintain necessary buildings, and it may establish   1,427        

and maintain lines of fire-alarm communications within the limits  1,428        

of the township.  The board may employ one or more persons to      1,429        

maintain and operate fire-fighting equipment, or it may enter      1,430        

into an agreement with a volunteer fire company for the use and    1,431        

operation of fire-fighting equipment.  The board may compensate    1,432        

the members of a volunteer fire company on any basis and in any    1,433        

amount that it considers equitable.                                1,434        

      (B)  The boards of township trustees of any two or more      1,436        

townships, or the legislative authorities of any two or more       1,437        

political subdivisions, or any combination thereof, may, through   1,438        

joint action, unite in the joint purchase, maintenance, use, and   1,439        

operation of fire-fighting equipment, or for any other purpose     1,440        

designated in sections 505.37 to 505.42 of the Revised Code, and   1,441        

may prorate the expense of the joint action on any terms that are  1,442        

mutually agreed upon.                                              1,443        

      (C)  The board of township trustees of any township may, by  1,445        

resolution, whenever it is expedient and necessary to guard        1,446        

against the occurrence of fires or to protect the property and     1,447        

                                                          32     


                                                                 
lives of the citizens against damages resulting from their         1,448        

occurrence, create a fire district of any portions of the          1,449        

township that it considers necessary.  The board may purchase or   1,450        

otherwise provide any fire apparatus, appliances, materials, fire  1,451        

hydrants, and water supply for fire-fighting purposes, or may      1,452        

contract for the fire protection for the fire district as          1,453        

provided in section 9.60 of the Revised Code.  The fire district   1,454        

so created shall be given a separate name by which it shall be     1,455        

known.                                                             1,456        

      Additional unincorporated territory of the township may be   1,458        

added to a fire district upon the board's adoption of a            1,459        

resolution authorizing the addition.  A municipal corporation      1,460        

that is within or adjoining the township may be added to a fire    1,461        

district upon the board's adoption of a resolution authorizing     1,462        

the addition and the municipal legislative authority's adoption    1,463        

of a resolution or ordinance requesting the addition of the        1,464        

municipal corporation to the fire district.                        1,465        

      If the township fire district imposes a tax, additional      1,467        

unincorporated territory of the township or a municipal            1,468        

corporation that is within or adjoining the township shall become  1,469        

part of the fire district only after all of the following have     1,470        

occurred:                                                          1,471        

      (1)  Adoption by the board of township trustees of a         1,473        

resolution approving the expansion of the territorial limits of    1,474        

the district and, if the resolution proposes to add a municipal    1,475        

corporation, adoption by the municipal legislative authority of a  1,476        

resolution or ordinance requesting the addition of the municipal   1,477        

corporation to the district;                                       1,478        

      (2)  Adoption by the board of township trustees of a         1,480        

resolution recommending the extension of the tax to the            1,481        

additional territory;                                              1,482        

      (3)  Approval of the tax by the electors of the territory    1,484        

proposed for addition to the district.                             1,485        

      Each resolution of the board adopted under division (C)(2)   1,487        

                                                          33     


                                                                 
of this section shall state the name of the fire district, a       1,488        

description of the territory to be added, and the rate and         1,489        

termination date of the tax, which shall be the rate and           1,490        

termination date of the tax currently in effect in the fire        1,491        

district.                                                          1,492        

      The board of trustees shall certify each resolution adopted  1,494        

under division (C)(2) of this section to the board of elections    1,495        

in accordance with section 5705.19 of the Revised Code.  The       1,496        

election required under division (C)(3) of this section shall be   1,497        

held, canvassed, and certified in the manner provided for the      1,498        

submission of tax levies under section 5705.25 of the Revised      1,499        

Code, except that the question appearing on the ballot shall       1,500        

read:                                                              1,501        

      "Shall the territory within ........................         1,503        

       (description of the proposed territory to be added)         1,504        

be added to ..................................... fire district,   1,506        

                             (name)                                1,507        

and a property tax at a rate of taxation not exceeding ......      1,509        

(here insert tax rate) be in effect for .......... (here insert    1,510        

the number of years the tax is to be in effect or "a continuing    1,511        

period of time," as applicable)?"                                  1,512        

      If the question is approved by at least a majority of the    1,514        

electors voting on it, the joinder shall be effective as of the    1,515        

first day of July of the year following approval, and on that      1,516        

date, the township fire district tax shall be extended to the      1,517        

taxable property within the territory that has been added.  If     1,518        

the territory that has been added is a municipal corporation and   1,519        

if it had adopted a tax levy for fire purposes, the levy is        1,520        

terminated on the effective date of the joinder.                   1,521        

      Any municipal corporation may withdraw from a township fire  1,523        

district created under division (C) of this section by the         1,524        

adoption by the municipal legislative authority of a resolution    1,525        

or ordinance ordering withdrawal.  On the first day of July of     1,526        

the year following the adoption of the resolution or ordinance of  1,527        

                                                          34     


                                                                 
withdrawal, the municipal corporation withdrawing ceases to be a   1,528        

part of such THE district, and the power of the fire district to   1,530        

levy a tax upon taxable property in the withdrawing municipal      1,531        

corporation terminates, except that the fire district shall        1,532        

continue to levy and collect taxes for the payment of              1,533        

indebtedness within the territory of the fire district as it was   1,534        

composed at the time the indebtedness was incurred.                1,535        

      Upon the withdrawal of any municipal corporation from a      1,537        

township fire district created under division (C) of this          1,538        

section, the county auditor shall ascertain, apportion, and order  1,539        

a division of the funds on hand, moneys and taxes in the process   1,540        

of collection except for taxes levied for the payment of           1,541        

indebtedness, credits, and real and personal property, either in   1,542        

money or in kind, on the basis of the valuation of the respective  1,543        

tax duplicates of the withdrawing municipal corporation and the    1,544        

remaining territory of the fire district.                          1,545        

      A board of township trustees may remove unincorporated       1,547        

territory of the township from the fire district upon the          1,548        

adoption of a resolution authorizing the removal.  On the first    1,549        

day of July of the year following the adoption of such a THE       1,550        

resolution, the unincorporated township territory described in     1,551        

the resolution ceases to be a part of such THE district, and the   1,553        

power of the fire district to levy a tax upon taxable property in  1,554        

that territory terminates, except that the fire district shall     1,555        

continue to levy and collect taxes for the payment of              1,556        

indebtedness within the territory of the fire district as it was   1,557        

composed at the time the indebtedness was incurred.                1,558        

      (D)  The board of township trustees of any township, the     1,560        

board of fire district trustees of a fire district created under   1,561        

section 505.371 of the Revised Code, or the legislative authority  1,562        

of any municipal corporation may purchase the necessary            1,563        

fire-fighting equipment, buildings, and sites for the township,    1,564        

fire district, or municipal corporation and pay for it over a      1,565        

period of nine years ISSUE SECURITIES FOR THAT PURPOSE WITH        1,566        

                                                          35     


                                                                 
MAXIMUM MATURITIES AS PROVIDED IN SECTION 133.20 OF THE REVISED    1,568        

CODE.  The board of township trustees, board of fire district      1,569        

trustees, or legislative authority may also construct any          1,570        

buildings necessary to house fire-fighting equipment and pay for   1,571        

the buildings over a period of nine years ISSUE SECURITIES FOR     1,572        

THAT PURPOSE WITH MAXIMUM MATURITIES AS PROVIDED IN SECTION        1,573        

133.20 OF THE REVISED CODE.  The board of township trustees,       1,574        

board of fire district trustees, or legislative authority may      1,575        

issue the notes SECURITIES of the township, fire district, or      1,577        

municipal corporation, signed by the board or designated officer   1,578        

of the municipal corporation and attested by the signature of the  1,579        

township, fire district, or municipal clerk, covering such ANY     1,580        

deferred payments and payable at the times provided, which notes   1,581        

SECURITIES shall bear interest not to exceed the rate determined   1,583        

as provided in section 9.95 of the Revised Code, and shall not be  1,584        

subject to Chapter 133. of the Revised Code.  The legislation      1,585        

authorizing the issuance of the notes SECURITIES shall provide     1,586        

for levying and collecting annually by taxation, amounts           1,587        

sufficient to pay the interest on and principal of the notes.  At  1,588        

least one-ninth of the purchase price or construction cost shall   1,589        

be paid in cash at the time of purchase as provided in the         1,590        

contract and the remainder of the purchase price or construction   1,591        

cost shall be paid in not more than eight equal annual             1,592        

installments.  Each installment shall be not less than one-eighth  1,593        

of the deferred portion of the purchase price or construction      1,594        

cost and shall be secured by a note which may contain a clause     1,595        

permitting prepayment at the option of the board or legislative    1,596        

authority SECURITIES.  The notes SECURITIES shall be offered for   1,598        

sale on the open market or given to the vendor or contractor if    1,599        

no sale is made.                                                                

      (E)  A board of township trustees of any township or a       1,601        

board of fire district trustees of a fire district created under   1,602        

section 505.371 of the Revised Code may purchase a policy or       1,603        

policies of liability insurance for the officers, employees, and   1,604        

                                                          36     


                                                                 
appointees of the fire department, fire district, or joint fire    1,605        

district governed by the board that includes personal injury       1,606        

liability coverage as to the civil liability of such THOSE         1,607        

officers, employees, and appointees for false arrest, detention,   1,609        

or imprisonment, malicious prosecution, libel, slander,            1,610        

defamation or other violation of the right of privacy, wrongful    1,611        

entry or eviction, or other invasion of the right of private       1,612        

occupancy, arising out of the performance of their duties.         1,613        

      When a board of township trustees cannot, by deed of gift    1,615        

or by purchase and upon terms it considers reasonable, procure     1,616        

land for a township fire station that is needed in order to        1,617        

respond in reasonable time to a fire or medical emergency, the     1,618        

board may appropriate such land for that purpose under sections    1,619        

163.01 to 163.22 of the Revised Code.  If it is necessary to       1,620        

acquire additional adjacent land for enlarging or improving the    1,621        

fire station, the board may purchase, appropriate, or accept a     1,622        

deed of gift for the land for these purposes.                      1,623        

      (F)  As used in this division, "emergency medical service    1,625        

organization" has the same meaning as in section 4766.01 of the    1,626        

Revised Code.                                                      1,627        

      A board of township trustees, by adoption of an appropriate  1,629        

resolution, may choose to have the Ohio ambulance licensing board  1,630        

license any emergency medical service it operates.  If the board   1,631        

adopts such a resolution, Chapter 4766. of the Revised Code,       1,632        

except for sections 4766.06 and 4766.99 of the Revised Code,       1,633        

applies to the organization.  All rules adopted under the          1,635        

applicable sections of that chapter also apply to the              1,636        

organization.  A board of township trustees, by adoption of an     1,637        

appropriate resolution, may remove its emergency medical service   1,638        

organization from the jurisdiction of the Ohio ambulance           1,639        

licensing board.                                                                

      Sec. 505.373.  The township board of trustees may, by        1,648        

resolution, adopt by incorporation by reference a standard code    1,649        

pertaining to fire, fire hazards, and fire prevention, prepared    1,650        

                                                          37     


                                                                 
and promulgated by the state, or any department, board, or other   1,652        

agency thereof OF THE STATE, or any such code prepared and         1,653        

promulgated by a public or private organization that publishes a   1,654        

model or standard code.                                                         

      After the adoption of such a code by the board, a notice     1,656        

clearly identifying the code, stating the purpose of the code,     1,657        

and stating that a complete copy of the code is on file with the   1,658        

township clerk for inspection by the public and also on file in    1,659        

the law library of the county in which the township is located                  

and that the clerk has copies available for distribution to the    1,660        

public at cost, shall be posted by the township clerk in five      1,662        

conspicuous places in the township for thirty days before          1,663        

becoming effective.  The notice required by this section shall     1,664        

also be published in a newspaper of general circulation in the     1,665        

township ONCE A WEEK for three consecutive weeks.  If the                       

adopting township amends or deletes any provision of the code,     1,667        

the notice shall contain a brief summary of the deletion or        1,668        

amendment.                                                                      

      If the agency that originally promulgated or published the   1,670        

code thereafter amends the code, any township that has adopted     1,671        

the code pursuant to this section may adopt the amendment or       1,672        

change by incorporation by reference in the same manner as         1,673        

provided for adoption of the original code.                                     

      Sec. 505.60.  (A)  The AS PROVIDED IN THIS SECTION AND       1,682        

SECTION 505.601 OF THE REVISED CODE, THE board of township         1,683        

trustees of any township may procure and pay all or any part of    1,684        

the cost of insurance policies that may provide benefits for       1,685        

hospitalization, surgical care, major medical care, disability,    1,686        

dental care, eye care, medical care, hearing aids, prescription    1,687        

drugs, or sickness and accident insurance, or a combination of     1,688        

any of the foregoing types of insurance for township officers and  1,689        

employees.  If                                                                  

      (B)  IF the board so procures any such insurance policies    1,692        

UNDER THIS SECTION, the board shall provide uniform coverage       1,693        

                                                          38     


                                                                 
under these policies for township officers and full-time township  1,694        

employees and their immediate dependents, and may provide          1,695        

coverage under these policies for part-time township employees     1,696        

and their immediate dependents, from the funds or budgets from     1,697        

which the officers or employees are compensated for services,      1,698        

such policies to be issued by an insurance company duly            1,699        

authorized to do business in this state.  Any township officer or  1,700        

employee may refuse to accept the insurance coverage without       1,701        

affecting the availability of such insurance coverage to other     1,702        

township officers and employees.                                   1,703        

      The board may also contract for group health care services   1,706        

with health insuring corporations holding certificates of          1,707        

authority under Chapter 1751. of the Revised Code for township     1,709        

officers and employees.  If the board so contracts, it shall       1,710        

provide uniform coverage under any such contracts for township     1,711        

officers and full-time township employees and their immediate      1,712        

dependents and may provide coverage under such contracts for       1,713        

part-time township employees and their immediate dependents,       1,714        

provided that each officer and employee so covered is permitted    1,715        

to:                                                                             

      (1)  Choose between a plan offered by an insurance company   1,717        

and a plan offered by a health insuring corporation, and provided  1,718        

further that the officer of OR employee pays any amount by which   1,719        

the cost of the plan chosen exceeds the cost of the plan offered   1,721        

by the board under this section;                                   1,722        

      (2)  Change the choice made under division (A)(B) of this    1,725        

section at a time each year as determined in advance by the        1,726        

board.                                                                          

      An addition of a class or change of definition of coverage   1,728        

to the plan offered by the board may be made at any time that it   1,729        

is determined by the board to be in the best interest of the       1,730        

township.  If the total cost to the township of the revised plan   1,731        

for any trustee's coverage does not exceed that cost under the     1,732        

plan in effect during the prior policy year, the revision of the   1,733        

                                                          39     


                                                                 
plan does not cause an increase in that trustee's compensation.    1,734        

      (C)  IF ANY TOWNSHIP OFFICER OR EMPLOYEE IS DENIED COVERAGE  1,736        

UNDER A HEALTH CARE PLAN PROCURED UNDER DIVISION (B) OF THIS       1,737        

SECTION OR IF ANY TOWNSHIP OFFICER OR EMPLOYEE ELECTS NOT TO       1,738        

PARTICIPATE IN THE TOWNSHIP'S HEALTH CARE PLAN, THE TOWNSHIP MAY   1,740        

REIMBURSE THE OFFICER OR EMPLOYEE FOR EACH OUT-OF-POCKET PREMIUM                

THAT THE OFFICER OR EMPLOYEE INCURS FOR INSURANCE POLICIES         1,742        

DESCRIBED IN DIVISION (A) OF THIS SECTION THAT THE OFFICER OR      1,743        

EMPLOYEE OTHERWISE OBTAINS, BUT NOT TO EXCEED AN AMOUNT EQUAL TO                

THE AVERAGE PREMIUM PAID BY THE TOWNSHIP FOR ITS OFFICERS AND      1,745        

EMPLOYEES UNDER POLICIES IT PROCURES UNDER DIVISION (B) OF THIS    1,747        

SECTION.                                                                        

      (D)  The board may provide the benefits authorized under     1,749        

this section, without competitive bidding, by contributing to a    1,750        

health and welfare trust fund administered through or in           1,751        

conjunction with a collective bargaining representative of the     1,752        

township employees.                                                1,753        

      The board may also provide the benefits described in this    1,755        

section through an individual self-insurance program or a joint    1,756        

self-insurance program as provided in section 9.833 of the         1,757        

Revised Code.                                                      1,758        

      (B)  A board of township trustees may procure and pay all    1,760        

or any part of the cost of group life insurance to insure the      1,761        

lives of officers and full-time employees of the township.  The    1,762        

amount of group life insurance coverage provided by the board to   1,763        

insure the lives of officers of the township shall not exceed      1,764        

fifty thousand dollars per officer.                                1,765        

      (C)(E)  If a board of township trustees fails to pay one or  1,767        

more premiums for a policy, contract, or plan of insurance or      1,768        

health care services authorized by division (A) OR (B) of this     1,769        

section and the failure causes a lapse, cancellation, or other     1,770        

termination of coverage under the policy, contract, or plan, it    1,771        

may reimburse a township officer or employee for, or pay on        1,772        

behalf of the officer or employee, any expenses incurred that      1,773        

                                                          40     


                                                                 
would have been covered under the policy, contract, or plan.       1,774        

      (D)(F)  As used in this section, "part-time AND SECTION      1,777        

505.601 OF THE REVISED CODE:                                                    

      (1)  "PART-TIME township employee" means a township          1,779        

employee who is hired with the expectation that the employee will  1,781        

work not more than one thousand five hundred hours in any year.    1,782        

      (2)  "PREMIUM" DOES NOT INCLUDE ANY DEDUCTIBLE OR HEALTH     1,784        

CARE COSTS PAID DIRECTLY BY A TOWNSHIP OFFICER OR EMPLOYEE.        1,785        

      Sec. 505.601.  IF A BOARD OF TOWNSHIP TRUSTEES DOES NOT      1,787        

PROCURE AN INSURANCE POLICY OR GROUP HEALTH CARE SERVICES AS       1,788        

PROVIDED IN SECTION 505.60 OF THE REVISED CODE, THE BOARD OF       1,789        

TOWNSHIP TRUSTEES MAY REIMBURSE ANY TOWNSHIP OFFICER OR EMPLOYEE   1,790        

FOR EACH OUT-OF-POCKET PREMIUM THAT THE OFFICER OR EMPLOYEE        1,791        

INCURS FOR INSURANCE POLICIES DESCRIBED IN DIVISION (A) OF         1,793        

SECTION 505.60 OF THE REVISED CODE THAT THE OFFICER OR EMPLOYEE    1,794        

OTHERWISE OBTAINS, IF ALL OF THE FOLLOWING CONDITIONS ARE MET:                  

      (A)  THE BOARD OF TOWNSHIP TRUSTEES ADOPTS A RESOLUTION      1,796        

THAT STATES THAT THE TOWNSHIP HAS CHOSEN NOT TO PROCURE A HEALTH   1,797        

CARE PLAN UNDER SECTION 505.60 OF THE REVISED CODE AND HAS CHOSEN  1,798        

INSTEAD TO REIMBURSE ITS OFFICERS AND EMPLOYEES FOR EACH           1,799        

OUT-OF-POCKET PREMIUM THAT THEY INCUR FOR INSURANCE POLICIES       1,800        

DESCRIBED IN DIVISION (A) OF SECTION 505.60 OF THE REVISED CODE    1,801        

THAT THEY OTHERWISE OBTAIN.                                        1,802        

      (B)  THAT RESOLUTION PROVIDES FOR A UNIFORM MAXIMUM MONTHLY  1,804        

OR YEARLY PAYMENT AMOUNT FOR EACH OFFICER OR EMPLOYEE, BEYOND      1,805        

WHICH THE TOWNSHIP WILL NOT REIMBURSE THE OFFICER OR EMPLOYEE.     1,806        

      (C)  THAT RESOLUTION STATES THE SPECIFIC BENEFITS LISTED IN  1,808        

DIVISION (A) OF SECTION 505.60 OF THE REVISED CODE FOR WHICH THE   1,809        

TOWNSHIP WILL REIMBURSE ALL OFFICERS AND EMPLOYEES OF THE          1,810        

TOWNSHIP.  THE TOWNSHIP MAY NOT REIMBURSE OFFICERS AND EMPLOYEES   1,811        

FOR BENEFITS OTHER THAN THOSE LISTED IN DIVISION (A) OF SECTION    1,812        

505.60 OF THE REVISED CODE.                                                     

      Sec. 505.602.  A BOARD OF TOWNSHIP TRUSTEES MAY PROCURE AND  1,814        

PAY ALL OR ANY PART OF THE COST OF GROUP LIFE INSURANCE TO INSURE  1,815        

                                                          41     


                                                                 
THE LIVES OF OFFICERS AND FULL-TIME EMPLOYEES OF THE TOWNSHIP.     1,816        

THE AMOUNT OF GROUP LIFE INSURANCE COVERAGE PROVIDED BY THE BOARD  1,817        

TO INSURE THE LIVES OF OFFICERS OF THE TOWNSHIP SHALL NOT EXCEED   1,818        

FIFTY THOUSAND DOLLARS PER OFFICER.                                1,819        

      Sec. 505.701.  The board of trustees of any township,        1,828        

through unanimous vote of its membership, may designate,           1,829        

participate in, and cooperate with any community improvement       1,830        

corporation organized under Chapter 1724. of the Revised Code,     1,831        

and may give financial or other assistance, including any fees                  

generated by the corporation, to such a THAT corporation to        1,833        

defray its administrative expenses.  Any moneys contributed by     1,835        

the board for this purpose shall be drawn from the general fund    1,836        

of the township not otherwise appropriated.                                     

      IN ADDITION, THE BOARD MAY PURCHASE REAL PROPERTY FOR THE    1,839        

PURPOSE OF TRANSFERRING THAT PROPERTY TO THE COMMUNITY                          

IMPROVEMENT CORPORATION.  IN ORDER TO FINANCE THE PURCHASE OF      1,840        

THAT REAL PROPERTY, THE BOARD MAY ISSUE GENERAL OBLIGATION BONDS   1,842        

OF THE TOWNSHIP IN ACCORDANCE WITH CHAPTER 133. OF THE REVISED     1,845        

CODE, FOR WHICH THE FULL FAITH AND CREDIT OF THE TOWNSHIP SHALL    1,846        

BE PLEDGED.                                                                     

      Sec. 709.50.  (A)  Notwithstanding any other section of the  1,855        

Revised Code, when a township contains at least ninety per cent    1,856        

of the geographic area of a municipal corporation, either that     1,857        

township or the municipal corporation may remove that part of      1,858        

that township that is located within the municipal corporation     1,859        

from that township if all of the following apply:                  1,860        

      (1)  The electors of the township and the municipal          1,862        

corporation have voted to approve the establishment of a merger    1,863        

commission pursuant to section 709.45 of the Revised Code.         1,864        

      (2)  The unincorporated territory of the township has a      1,866        

population of more than nine thousand.                             1,867        

      (3)  The township has previously adopted the A limited       1,869        

self-government form of township HOME RULE government under        1,870        

Chapter 504. of the Revised Code and a township zoning resolution  1,871        

                                                          42     


                                                                 
under Chapter 519. of the Revised Code.                            1,873        

      (4)  Not later than December 31, 1994, either the township   1,875        

adopts a resolution or the municipal corporation adopts a          1,876        

resolution or ordinance to remove that part of the township that   1,877        

is located in the municipal corporation from the township.  Any    1,878        

resolution or ordinance adopted under division (A)(4) of this      1,879        

section shall include an accurate description of the land to be    1,880        

removed.  The political subdivision that adopts an ordinance or    1,881        

resolution under division (A)(4) of this section shall file with   1,882        

the county recorder a copy of it certified by the county auditor,  1,883        

together with a map or plat certified by the county auditor of     1,884        

the land to be removed.  The county recorder shall record the      1,885        

ordinance or resolution and the map or plat.                       1,886        

      (B)  If either the township or the municipal corporation     1,888        

takes the action described in division (A)(4) of this section,     1,889        

the removal shall occur.  After the removal, the unincorporated    1,890        

territory of the township shall no longer receive any revenue by   1,891        

virtue of its relationship to the municipal corporation.  As soon  1,892        

as practicable after a removal occurs under this section, the      1,893        

board of county commissioners shall ascertain whether there is     1,894        

any joint indebtedness of the unincorporated territory of the      1,895        

township and the municipal corporation.  If there is any such      1,896        

indebtedness, the board of county commissioners shall apportion    1,897        

it in accordance with section 503.10 of the Revised Code.          1,898        

      (C)(1)  If a removal occurs under this section, all or part  1,900        

of the unincorporated territory of the township may become a       1,901        

village if the board of township trustees adopts, by unanimous     1,902        

vote, a resolution for all or part of that territory to become a   1,903        

village.  The board of township trustees shall file with the       1,904        

county recorder a copy of any resolution it adopts under division  1,905        

(C)(1) of this section certified by the county auditor, together   1,906        

with a map or plat certified by the county auditor of the land to  1,907        

be included in the village.  The county recorder shall record the  1,908        

resolution and the map or plat.  Once the board adopts a           1,909        

                                                          43     


                                                                 
resolution under division (C)(1) of this section, no land within   1,910        

the area that will constitute the village may be annexed, and any  1,911        

pending annexation proceeding that includes land in that area      1,912        

shall be considered to be terminated with regard to that land.     1,913        

      (2)  If the board does not adopt a resolution under          1,915        

division (C)(1) of this section, or if the board adopts such a     1,916        

resolution in which only a part of the unincorporated territory    1,917        

becomes a village, the board of county commissioners shall attach  1,918        

all the unincorporated territory that does not become a village    1,919        

to any township contiguous to that territory or erect that         1,920        

territory into a new township, the boundaries of which need not    1,921        

include twenty-two square miles of territory.                      1,922        

      (D)  If a board of township trustees adopts a resolution     1,924        

under division (C)(1) of this section for all or part of the       1,925        

township's unincorporated territory to become a village, the       1,926        

board shall serve as the legislative authority of the area         1,927        

constituting the village until the next regular municipal          1,928        

election that occurs at least seventy-five days after the          1,929        

adoption of the resolution.  At that election, the legislative     1,930        

authority of the village shall be elected under section 731.09 of  1,931        

the Revised Code and all other officers of the village shall be    1,932        

elected under Chapter 733. of the Revised Code.                    1,933        

      Sec. 711.05.  (A)  Upon the submission of a plat for         1,942        

approval, in accordance with section 711.041 of the Revised Code,  1,943        

the board of county commissioners shall certify thereon ON IT the  1,944        

date of the submission.  Within five days of submission of the     1,946        

plat, the board shall schedule a meeting to consider the plat and  1,947        

send a written notice by certified REGULAR mail, return receipt    1,948        

requested, to the clerk of the board of township trustees of the   1,950        

township in which the plat is located.  The notice shall inform    1,951        

the trustees of the submission of the plat and of the date, time,  1,952        

and location of any meeting at which the board of county           1,953        

commissioners will consider or act upon the proposed plat.  The    1,954        

meeting shall take place within thirty days of submission of the   1,955        

                                                          44     


                                                                 
plat, and no meeting shall be held until at least seven days have  1,956        

passed from the date the notice was sent by the board of county    1,957        

commissioners.  The approval of the board required by section      1,958        

711.041 of the Revised Code or the refusal to approve shall take   1,959        

place within thirty days from the date of submission or such       1,960        

further time as the applying party may agree to in writing;        1,961        

otherwise the plat is deemed approved and may be recorded as if    1,962        

bearing such approval.  The                                        1,963        

      (B)  THE board may adopt general rules governing plats and   1,966        

subdivisions of land falling within its jurisdiction, to secure    1,967        

and provide for the coordination of the streets within the         1,968        

subdivision with existing streets and roads or with existing       1,969        

county highways, for the proper amount of open spaces for          1,970        

traffic, circulation, and utilities, and for the avoidance of      1,971        

future congestion of population detrimental to the public health,  1,972        

safety, or welfare but shall not impose a greater minimum lot      1,973        

area than forty-eight hundred square feet.  The BEFORE THE BOARD   1,974        

MAY AMEND OR ADOPT RULES, IT SHALL NOTIFY ALL THE TOWNSHIPS IN     1,975        

THE COUNTY OF THE PROPOSED AMENDMENTS OR RULES BY REGULAR MAIL AT  1,976        

LEAST THIRTY DAYS BEFORE THE PUBLIC MEETING AT WHICH THE PROPOSED  1,977        

AMENDMENTS OR RULES ARE TO BE CONSIDERED.                          1,978        

      THE rules may require the county department of health to     1,981        

review and comment on a plat before the board of county            1,982        

commissioners acts upon it and may also require proof of           1,983        

compliance with any applicable zoning resolutions as a basis for   1,985        

approval of a plat.  Where under the provisions of section         1,986        

711.101 of the Revised Code the board of county commissioners has  1,987        

set up standards and specifications for the construction of        1,988        

streets, utilities, and other improvements for common use, such    1,989        

general rules may require the submission of appropriate plans and  1,990        

specifications for approval.  The board shall not require the      1,991        

person submitting the plat to alter the plat or any part of it as  1,992        

a condition for approval, as long as the plat is in accordance     1,993        

with general rules governing plats and subdivisions of land,       1,994        

                                                          45     


                                                                 
adopted by the board as provided in this section, in effect at     1,995        

the time the plat was submitted and the plat is in accordance      1,996        

with any standards and specifications set up under section         1,997        

711.101 of the Revised Code, in effect at the time the plat was    1,998        

submitted.  The                                                                 

      (C)  THE ground of refusal to approve any plat, submitted    2,002        

in accordance with section 711.041 of the Revised Code, shall be   2,003        

stated upon the record of the board, and, within sixty days        2,004        

thereafter, the person submitting any plat which THAT the board    2,005        

refuses to approve may file a petition in the court of common      2,007        

pleas of the county in which the land described in the plat is     2,008        

situated to review the action of such THE board.  A board of       2,010        

township trustees is not entitled to appeal a decision of the      2,011        

board of county commissioners under this section.                               

      Sec. 711.10.  Whenever a county planning commission or a     2,020        

regional planning commission adopts a plan for the major streets   2,021        

or highways of the county or region, then no plat of a             2,022        

subdivision of land within the county or region, other than land   2,023        

within a municipal corporation or land within three miles of a     2,024        

city or one and one-half miles of a village as provided in         2,025        

section 711.09 of the Revised Code, shall be recorded until it is  2,026        

approved by the county or regional planning commission and the     2,027        

approval is endorsed in writing on the plat.  Within five days     2,028        

after the submission of a plat for approval, the county or         2,030        

regional planning commission shall schedule a meeting to consider  2,031        

the plat and send a written notice by certified REGULAR mail,      2,032        

return receipt requested, to the clerk of the board of township    2,034        

trustees of the township in which a proposed plat is located.      2,035        

The notice shall inform the trustees of the submission of the      2,036        

proposed plat and of the date, time, and location of any meeting   2,037        

at which the county or regional planning commission will consider  2,038        

or act upon the proposed plat.  The meeting shall take place       2,039        

within thirty days after submission of the plat, and no meeting    2,040        

shall be held until at least seven days have passed from the date  2,042        

                                                          46     


                                                                 
the notice was sent by the planning commission.  The approval of   2,043        

the planning commission or the refusal to approve shall be         2,044        

endorsed on the plat within thirty days after the submission of    2,045        

the plat for approval, or within such further time as the          2,046        

applying party may agree to in writing; otherwise that plat is     2,047        

deemed approved, and the certificate of the planning commission    2,048        

as to the date of the submission of the plat for approval and the  2,049        

failure to take action on it within that time shall be sufficient  2,051        

in lieu of the written endorsement or evidence of approval         2,052        

required by this section.  A county or regional planning           2,053        

commission shall not require a person submitting the plat to       2,054        

alter the plat or any part of it as a condition for approval, as   2,055        

long as the plat is in accordance with the general rules           2,056        

governing plats and subdivisions of land, adopted by the           2,057        

commission as provided in this section, in effect at the time the  2,058        

plat was submitted.  The ground of refusal of approval of any      2,059        

plat submitted, including citation of or reference to the rule     2,060        

violated by the plat, shall be stated upon the record of the       2,061        

commission.  Within sixty days after the refusal, the person       2,062        

submitting any plat which the county or regional planning          2,064        

commission refuses to approve may file a petition in the court of  2,065        

common pleas of the proper county and the proceedings on the       2,066        

petition shall be governed by section 711.09 of the Revised Code   2,068        

as in the case of the refusal of a planning authority to approve   2,069        

a plat.  A board of township trustees is not entitled to appeal a  2,070        

decision of the county or regional planning commission under this  2,071        

section.                                                                        

      Any such county or regional planning commission shall adopt  2,073        

general rules, of uniform application, governing plats and         2,074        

subdivisions of land falling within its jurisdiction, to secure    2,075        

and provide for the proper arrangement of streets or other         2,076        

highways in relation to existing or planned streets or highways    2,077        

or to the county or regional plan, for adequate and convenient     2,078        

open spaces for traffic, utilities, access of fire-fighting        2,079        

                                                          47     


                                                                 
apparatus, recreation, light, and air, and for the avoidance of    2,080        

congestion of population.  The rules may provide for their         2,081        

modification by the county or regional planning commission in      2,083        

specific cases where unusual topographical and other exceptional   2,084        

conditions require the modification.  The rules may require the    2,085        

county department of health to review and comment on a plat        2,086        

before the county or regional planning commission acts upon it     2,087        

and may also require proof of compliance with any applicable       2,088        

zoning resolutions as a basis for approval of a plat.              2,089        

      Before adoption of its rules or amendment of its rules, a    2,092        

public hearing shall be held on the adoption or amendment by the   2,094        

commission.  However, no county or regional planning commission    2,095        

shall adopt any rules requiring actual construction of streets or  2,096        

other improvements or facilities or assurance of that              2,097        

construction as a condition precedent to the approval of a plat    2,098        

of a subdivision unless the requirements have first been adopted   2,099        

by the board of county commissioners after a public hearing.  A    2,101        

copy of the rules shall be certified by the planning commission    2,102        

to the county recorders of the appropriate counties.  After a      2,103        

county or regional street or highway plan has been adopted as      2,104        

provided in this section, the approval of plats and subdivisions   2,105        

provided for in this section shall be in lieu of any approvals     2,106        

provided for in other sections of the Revised Code, so far as the  2,107        

territory within the approving jurisdiction of the county or       2,108        

regional planning commission, as provided in this section, is      2,109        

concerned.  Approval of a plat shall not be an acceptance by the   2,110        

public of the dedication of any street, highway, or other way or   2,111        

open space shown upon the plat.  Any such county or regional       2,112        

planning commission and a city or village planning commission, or  2,113        

platting commissioner or legislative authority of a village, with  2,114        

subdivision regulation jurisdiction over unincorporated territory  2,115        

within the county or region may cooperate and agree by written     2,116        

agreement that the approval of a plat by the city or village       2,117        

planning commission, or platting commissioner or legislative       2,118        

                                                          48     


                                                                 
authority of a village, as provided in section 711.09 of the       2,119        

Revised Code, shall be conditioned upon receiving advice from or   2,120        

approval by the county or regional planning commission.            2,121        

      Sec. 713.22.  (A)  The board of county commissioners of any  2,130        

county may, and on petition of the planning commissions of a       2,131        

majority of the municipal corporations in the county having such   2,132        

planning commission COMMISSIONS shall, provide for the             2,133        

organization and maintenance of a county planning commission.      2,135        

Such EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, A county  2,136        

planning commission shall consist of eight citizens of the county  2,137        

MEMBERS appointed by the board OF COUNTY COMMISSIONERS, together   2,138        

with the members of the board OF COUNTY COMMISSIONERS.  If the     2,141        

population of THE PORTION OF any city LOCATED in the county        2,142        

exceeds fifty per cent of the total population of the county,      2,143        

then at least three of the appointive members shall be selected    2,144        

from persons nominated by the planning commission of such THAT     2,145        

city.  The OTHERWISE, THREE MEMBERS SHALL BE APPOINTED FROM        2,146        

MUNICIPAL CORPORATIONS WITHIN THE COUNTY.  THE BOARD SHALL         2,147        

APPOINT THREE MEMBERS FROM THE UNINCORPORATED AREA OF THE COUNTY   2,149        

FROM PERSONS NOMINATED BY THE TOWNSHIPS TO THE COUNTY.  IF THE     2,150        

COUNTY CONTAINS ONE OR MORE LIMITED HOME RULE GOVERNMENT           2,151        

TOWNSHIPS, THEN AT LEAST ONE OF THESE THREE TOWNSHIP APPOINTEES    2,152        

SHALL BE FROM THE NOMINEES OF A LIMITED HOME RULE GOVERNMENT       2,153        

TOWNSHIP.  THE REMAINING TWO APPOINTEES SHALL BE SELECTED AT THE   2,154        

DISCRETION OF THE BOARD AND SHALL BE CITIZENS OF THE COUNTY, ONE   2,155        

RESIDING IN THE UNINCORPORATED AREA OF THE COUNTY AND              2,156        

REPRESENTING TOWNSHIPS AND THE OTHER RESIDING IN THE INCORPORATED  2,157        

AREA OF THE COUNTY AND REPRESENTING MUNICIPAL CORPORATIONS IN THE  2,158        

COUNTY.                                                                         

      (B)  IF A COUNTY CONTAINS TWO OR LESS TOWNSHIPS WITH         2,160        

UNINCORPORATED TERRITORY, A COUNTY PLANNING COMMISSION SHALL       2,161        

CONSIST OF EIGHT CITIZENS OF THE COUNTY APPOINTED BY THE BOARD OF  2,163        

COUNTY COMMISSIONERS, TOGETHER WITH THE MEMBERS OF THE BOARD OF    2,164        

COUNTY COMMISSIONERS, EXCEPT THAT IF THE POPULATION OF THE         2,165        

                                                          49     


                                                                 
PORTION OF ANY CITY LOCATED IN THE COUNTY EXCEEDS FIFTY PER CENT   2,166        

OF THE TOTAL POPULATION OF THE COUNTY, THEN AT LEAST THREE OF THE  2,167        

APPOINTIVE MEMBERS SHALL BE SELECTED FROM PERSONS NOMINATED BY     2,168        

THE PLANNING COMMISSION OF THAT CITY.  OTHERWISE, APPOINTEES       2,169        

SHALL BE SELECTED AT THE DISCRETION OF THE BOARD AND SHALL BE      2,170        

CITIZENS OF THE COUNTY.                                            2,171        

      (C)  THE appointive members OF A COUNTY PLANNING COMMISSION  2,174        

shall be appointed for terms of three years, except that of the    2,176        

eight members first appointed three shall be appointed for terms   2,177        

of two years and two shall be appointed for a term of one year.    2,178        

The members shall serve without pay.  Any member of a county       2,179        

planning commission may hold any other public office and may       2,180        

serve as a member of a city, village, and regional planning        2,181        

commission, except as otherwise provided in the charter of any     2,182        

city or village.                                                                

      (D)  THE EXPENSES OF THE APPOINTIVE MEMBERS OF A COUNTY      2,184        

PLANNING COMMISSION AND THE COMPENSATION OF PLANNING COMMISSION    2,185        

EMPLOYEES SHALL BE PAID FROM APPROPRIATIONS MADE BY THE BOARD.     2,187        

      The county planning commission may employ engineers,         2,189        

accountants, consultants, and employees as are necessary, and      2,190        

make such purchases as may be needed to the furtherance of its     2,191        

operation.                                                         2,192        

      The county planning commission may accept, receive, and      2,194        

expend funds, grants, and services from the federal government or  2,195        

its agencies, from departments, agencies, and instrumentalities    2,196        

of this state or any adjoining state or from one or more counties  2,197        

of this state or any adjoining state or from any municipal         2,198        

corporation or political subdivision of this or any adjoining      2,199        

state, including county, regional, and municipal planning          2,200        

commission of this or any adjoining state, or from civic sources,  2,201        

and contract with respect thereto, either separately or jointly    2,202        

or cooperatively, and provide such information and reports as may  2,203        

be necessary to secure such financial aid.                         2,204        

      The compensation of such employees and the expenses of the   2,206        

                                                          50     


                                                                 
appointive members of the county planning commission shall be      2,207        

paid from appropriations made by the board.                        2,208        

      (E)  A COUNTY PLANNING COMMISSION MAY ADOPT A POLICY UNDER   2,211        

WHICH MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS, AS MEMBERS OF  2,212        

THAT COMMISSION, MUST ABSTAIN FROM PARTICIPATING AND VOTING ON     2,213        

THE COMMISSION'S RECOMMENDATION, WHENEVER A COUNTY PLANNING        2,214        

COMMISSION IS REQUIRED BY SECTION 303.12 OF THE REVISED CODE TO    2,216        

RECOMMEND THE APPROVAL OR DENIAL OF A PROPOSED AMENDMENT OR        2,217        

APPROVAL OF SOME MODIFICATION OF AN AMENDMENT TO THE COUNTY        2,218        

ZONING RESOLUTION, OR REQUIRED BY SECTION 303.07 OF THE REVISED    2,221        

CODE TO APPROVE OR DISAPPROVE, OR MAKE SUGGESTIONS ABOUT, A                     

PROPOSED COUNTY ZONING RESOLUTION.  THE POLICY MAY REQUIRE THAT A  2,223        

QUORUM OF THE COMMISSION UNDER THOSE CIRCUMSTANCES BE DETERMINED   2,224        

ON THE BASIS OF AN EIGHT-MEMBER COMMISSION INSTEAD OF AN           2,225        

ELEVEN-MEMBER COMMISSION.                                          2,226        

      Sec. 1901.026.  (A)  The current operating costs of a        2,235        

municipal court, other than a county-operated municipal court,     2,236        

that has territorial jurisdiction under section 1901.02 or         2,237        

1901.182 of the Revised Code that extends beyond the corporate     2,238        

limits of the municipal corporation in which the court is located  2,239        

shall be apportioned pursuant to this section among all of the     2,240        

municipal corporations and townships that are within the           2,241        

territory of the court.  Each municipal corporation and each       2,242        

township within the territory of the municipal court shall be      2,243        

assigned a proportionate share of the current operating costs of   2,244        

the municipal court that is equal to the percentage of the total   2,245        

criminal and civil caseload of the municipal court that arose in   2,246        

that municipal corporation or township.  Each municipal            2,247        

corporation and each township then shall be liable for its         2,248        

assigned proportionate share of the current operating costs of     2,249        

the court, subject to division (B) of this section.                2,250        

      For purposes of this section, the criminal and civil         2,252        

caseload that arose in a municipal corporation or township is the  2,253        

total number of criminal cases filed in the municipal court        2,254        

                                                          51     


                                                                 
during the preceding calendar year that arose out of offenses      2,255        

that occurred in the municipal corporation or township and the     2,256        

total number of civil cases filed in the municipal court during    2,257        

the preceding calendar year in which the address of the majority   2,258        

of the defendants that are designated in the caption of the case   2,259        

and that have addresses within municipal corporations or           2,260        

townships within the territory of the court is within the          2,261        

municipal corporation or township or, if there is no majority of   2,262        

such defendants, in which the address of the first such defendant  2,263        

is within the municipal corporation or township.                   2,264        

      (B)  A municipal corporation or township within the          2,266        

territory of a municipal court is not required to pay that part    2,267        

of its proportionate share of the current operating costs of the   2,268        

court, as determined in accordance with division (A) of this       2,269        

section, that exceeds the total amount of costs, fees, fines,      2,270        

bail, or other moneys that was disbursed by the clerk of the       2,271        

court under division (F) of section 1901.31 of the Revised Code,   2,272        

to the municipal corporation or township during the period for     2,273        

which its proportionate share of the current operating costs was   2,274        

determined.  The municipal corporation in which the court is       2,275        

located is liable, in addition to its proportionate share, for     2,276        

any part of the proportionate share of a municipal corporation or  2,277        

township that the municipal corporation or township is not         2,278        

required to pay under this division.                               2,279        

      (C)  The auditors or chief fiscal officers of each of the    2,281        

municipal corporations and townships within the territory of a     2,282        

municipal court for which the current operating costs are          2,283        

apportioned under this section shall meet not less than once each  2,284        

six months at the office of the auditor or chief fiscal officer    2,285        

of the municipal corporation in which the court is located to      2,286        

determine the proportionate share due from each municipal          2,287        

corporation and each township, to determine whether any municipal  2,288        

corporation or township is not required to pay any part of its     2,289        

proportionate share under division (B) of this section, and to     2,290        

                                                          52     


                                                                 
adjust accounts.  The meetings shall be held at the direction of   2,291        

the auditor or chief fiscal officer of the municipal corporation   2,292        

in which the court is located, and he THE AUDITOR OR CHIEF FISCAL  2,293        

OFFICER shall preside at the meetings.  The proportionate share    2,295        

of each of the municipal corporations and townships, as reduced    2,296        

or increased in accordance with division (B) of this section, is   2,297        

payable from the general fund of the municipal corporation or      2,298        

township or from any other fund designated or funds appropriated   2,299        

for the purpose of paying the particular municipal corporation's   2,300        

or township's proportionate share of the current operating costs   2,301        

of the court.                                                                   

      The court of common pleas of the county in which a           2,303        

municipal court for which the current operating costs are          2,304        

apportioned under this section is located has jurisdiction over    2,305        

any civil action that is commenced to determine the current        2,306        

operating costs of the court, the proportionate share of the       2,307        

current operating costs to be paid by a particular municipal       2,308        

corporation or township within the territory of the court, or      2,309        

whether a municipal corporation or township is not required to     2,310        

pay any part of its proportionate share under division (B) of      2,311        

this section.                                                      2,312        

      (D)  For purposes of this section:                           2,314        

      (1)  "Operating costs" means the figure that is derived by   2,316        

subtracting the total of all costs that are collected and paid to  2,317        

the city treasury by the clerk of the municipal court pursuant to  2,318        

division (F) of section 1901.31 of the Revised Code and all        2,319        

interest received and paid to the city treasury in relation to     2,320        

the costs pursuant to division (G) of section 1901.31 of the       2,321        

Revised Code from the total of the amounts payable from the city   2,322        

treasury for the operation of the court pursuant to sections       2,323        

1901.10, 1901.11, 1901.111, 1901.12, 1901.31, 1901.311, 1901.312,  2,324        

1901.32, 1901.33, 1901.331, 1901.36, 1901.37, and 1901.38 of the   2,325        

Revised Code, other than any amounts payable from the city         2,326        

treasury for the operation of the court involving construction,    2,327        

                                                          53     


                                                                 
capital improvements, rent, or the provision of heat and light.    2,328        

      (2)  "Township" means a township that has adopted the A      2,330        

limited self-government form of HOME RULE government pursuant to   2,331        

Chapter 504. of the Revised Code.                                  2,332        

      (3)  "Criminal caseload" when used in regard to a township   2,334        

means cases arising from a violation of a township resolution for  2,335        

which a fine is imposed under Chapter 504. of the Revised Code.    2,336        

      Sec. 2921.421.  (A)  As used in this section:                2,345        

      (1)  "Chief legal officer" has the same meaning as in        2,347        

section 733.621 of the Revised Code.                               2,348        

      (2)  "Political subdivision" means a county, a municipal     2,350        

corporation, or a township that adopts the A limited               2,351        

self-government form of HOME RULE government under Chapter 504.    2,352        

of the Revised Code.                                               2,353        

      (B)  A prosecuting attorney may appoint assistants and       2,355        

employees, except a member of the family of the prosecuting        2,356        

attorney, in accordance with division (B) of section 309.06 of     2,357        

the Revised Code, a chief legal officer of a municipal             2,358        

corporation or an official designated as prosecutor in a           2,359        

municipal corporation may appoint assistants and employees,        2,360        

except a member of the family of the chief legal officer or        2,361        

official designated as prosecutor, in accordance with section      2,362        

733.621 of the Revised Code, and a township law director           2,363        

appointed under section 504.15 of the Revised Code may appoint     2,364        

assistants and employees, except a member of the family of the     2,365        

township law director, in accordance with section 504.151 of the   2,366        

Revised Code, if all of the following apply:                       2,367        

      (1)  The services to be furnished by the appointee or        2,369        

employee are necessary services for the political subdivision or   2,370        

are authorized by the legislative authority, governing board, or   2,371        

other contracting authority of the political subdivision.          2,372        

      (2)  The treatment accorded the political subdivision is     2,374        

either preferential to or the same as that accorded other clients  2,375        

or customers of the appointee or employee in similar               2,376        

                                                          54     


                                                                 
transactions, or the legislative authority, governing board, or    2,377        

other contracting authority of the political subdivision, in its   2,378        

sole discretion, determines that the compensation and other terms  2,379        

of appointment or employment of the appointee or employee are      2,380        

fair and reasonable to the political subdivision.                  2,381        

      (3)  The appointment or employment is made after prior       2,383        

written disclosure to the legislative authority, governing board,  2,384        

or other contracting authority of the political subdivision of     2,385        

the business relationship between the prosecuting attorney, the    2,386        

chief legal officer or official designated as prosecutor in a      2,387        

municipal corporation, or the township law director and his THE    2,389        

appointee or employee THEREOF.  In the case of a municipal                      

corporation, the disclosure may be made or evidenced in an         2,391        

ordinance, resolution, or other document that does either or both  2,392        

of the following:                                                  2,393        

      (a)  Authorizes the furnishing of services as required       2,395        

under division (B)(1) of this section;                             2,396        

      (b)  Determines that the compensation and other terms of     2,398        

appointment or employment of the appointee or employee are fair    2,399        

and reasonable to the political subdivision as required under      2,400        

division (B)(2) of this section.                                   2,401        

      (4)  The prosecuting attorney, the elected chief legal       2,403        

officer, or the township law director does not receive any         2,404        

distributive share or other portion, in whole or in part, of the   2,405        

earnings of his THE business associate, partner, or employee paid  2,407        

by the political subdivision to the business associate, partner,   2,408        

or employee for services rendered for the political subdivision.   2,409        

      (C)  It is not a violation of this section or of section     2,411        

102.03 or 2921.42 of the Revised Code for the legislative          2,412        

authority, the governing board, or other contracting authority of  2,413        

a political subdivision to engage the services of any firm that    2,414        

practices the profession of law upon the terms approved by the     2,415        

legislative authority, the governing board, or the contracting     2,416        

authority, or to designate any partner, officer, or employee of    2,417        

                                                          55     


                                                                 
that firm as a nonelected public official or employee of the       2,418        

political subdivision, whether the public office or position of    2,419        

employment is created by statute, charter, ordinance, resolution,  2,420        

or other legislative or administrative action.                     2,421        

      Sec. 3737.46.  Upon the request of the fire marshal, the     2,430        

fire marshal's authorized representative, or a certified fire      2,431        

safety inspector, the attorney general, the legal officer of any   2,432        

county or municipal corporation, or the law director of a          2,433        

township that has adopted the A limited self-government form of    2,434        

township HOME RULE government under Chapter 504. of the Revised    2,435        

Code shall bring an action for an injunction, temporary or         2,436        

permanent, or any other appropriate proceedings against any        2,438        

person violating or threatening to violate any provision of the    2,439        

state fire code or any order issued pursuant thereto in the court  2,440        

of common pleas in the county where the violation is occurring or  2,441        

is threatened to occur.                                                         

      This section does not expand, and shall not be construed as  2,443        

expanding, the authority of the fire marshal, the fire marshal's   2,445        

authorized representative, or a certified fire safety inspector                 

to enforce any requirements that are adopted pursuant to Chapter   2,447        

3781. or 3791. of the Revised Code or any rules adopted pursuant   2,448        

to section 3781.10 or 3781.11 of the Revised Code.                 2,449        

      Sec. 3767.03.  Whenever a nuisance exists, the attorney      2,458        

general; the village solicitor, city director of law, or other     2,459        

similar chief legal officer of the municipal corporation in which  2,460        

the nuisance exists; the prosecuting attorney of the county in     2,461        

which the nuisance exists; the law director of a township that     2,463        

has adopted the A limited self-government form of HOME RULE        2,465        

government under Chapter 504. of the Revised Code; or any person   2,467        

who is a citizen of the country COUNTY in which the nuisance       2,468        

exists may bring an action in equity in the name of the state,     2,470        

upon the relation of the attorney general; the village solicitor,  2,471        

city director of law, or other similar chief legal officer of the  2,472        

municipal corporation; the prosecuting attorney; the township law  2,473        

                                                          56     


                                                                 
director; or the person, to abate the nuisance and to perpetually  2,475        

enjoin the person maintaining the nuisance from further            2,476        

maintaining it. If an action is instituted under this section by   2,478        

a person other than the prosecuting attorney; the village          2,479        

solicitor, city director of law, or other similar chief legal      2,480        

officer of the municipal corporation; the attorney general; or     2,481        

the township law director, the complainant shall execute a bond    2,483        

in the sum of not less than five hundred dollars, to the                        

defendant, with good and sufficient surety to be approved by the   2,485        

court or clerk of the court, to secure to the defendant any        2,486        

damages the defendant may sustain and the reasonable attorney's    2,487        

fees the defendant may incur in defending the action if the        2,488        

action is wrongfully brought, not prosecuted to final judgment,    2,489        

is dismissed, or is not maintained, or if it is finally decided    2,490        

that an injunction should not have been granted. If it is finally  2,491        

decided that an injunction should not have been granted or if the  2,492        

action was wrongfully brought, not prosecuted to final judgment,   2,493        

dismissed, or not maintained, the defendant shall have recourse    2,494        

against the bond for all damages suffered, including damages to    2,495        

the defendant's property, person, or character, and for the        2,496        

reasonable attorney's fees incurred by the defendant in defending  2,497        

the action.                                                                     

      Any agency, officer, or other person bringing an action      2,499        

under this section against the holder of a liquor permit issued    2,501        

under Chapter 4303. of the Revised Code shall notify the division  2,502        

of liquor control, the liquor control commission, and the liquor   2,503        

enforcement division of the department of public safety regarding  2,504        

the action at the time of bringing the action.                                  

      Sec. 4301.28.  (A)  Any person aggrieved may appeal to the   2,513        

liquor control commission from the action of the division of       2,515        

liquor control in refusing to issue a permit.                      2,516        

      (B)  If the legislative authority of a municipal             2,518        

corporation, board of township trustees, or the board of county    2,519        

commissioners participated in a hearing conducted under section    2,520        

                                                          57     


                                                                 
4303.26 of the Revised Code for the transfer of location of a      2,521        

class C or D permit, transfer of a class C or D permit, or         2,522        

issuance of a class C or D permit or under division (B) of         2,523        

section 4303.271 of the Revised Code for the renewal of a class C  2,524        

or D permit, the legislative authority or board may appeal to the  2,525        

liquor control commission from the order of the division of        2,527        

liquor control issuing, transferring, or renewing a permit, or     2,528        

transferring a location, or participate or be joined as a party    2,529        

in an appeal from an order of the division denying the issuance,   2,532        

transfer, or renewal of a permit or the transfer of a location.    2,533        

      In an appeal on the issuance or the transfer of a location   2,535        

of a permit, only the reasons for refusal contained in section     2,536        

4303.292 of the Revised Code shall be considered.  In an appeal    2,537        

on the transfer of ownership of a permit, only the reasons for     2,538        

refusal contained in divisions (A) and (B)(1) of section 4303.292  2,539        

of the Revised Code shall be considered.  In an appeal on the      2,540        

renewal of a permit, only the objections considered at the         2,541        

hearing under section 4303.271 of the Revised Code shall be        2,542        

considered.                                                        2,543        

      The commission shall send notice of an appeal by a           2,545        

political subdivision by certified mail to the applicant for a     2,546        

new permit or to the permit holder at the permit holder's usual    2,548        

place of business, to the superintendent of liquor control, and    2,551        

to the office of the attorney general.  The commission shall also  2,552        

send notice by certified mail of an appeal by a permit holder      2,553        

from an order denying the transfer or renewal of a permit, or the  2,554        

transfer of a location, or of an appeal by an applicant for a new  2,555        

permit from an order denying the issuance of a permit to the       2,556        

legislative authority or board of the political subdivision that   2,557        

participated in the hearing on the issuance, renewal, or           2,558        

transfer, to the superintendent and to the office of the attorney  2,560        

general.                                                                        

      If a legislative authority or board is a party under this    2,562        

division to an appeal before the commission, the legislative       2,563        

                                                          58     


                                                                 
authority or board may appeal under section 119.12 of the Revised  2,564        

Code from an order of the commission affirming the issuance,       2,565        

transfer, or renewal of a permit, or the transfer of a location,   2,566        

or participate or be joined as a party in an appeal under that     2,567        

section from an order of the commission denying the issuance,      2,568        

transfer, or renewal of a permit, or transfer of a location.  If   2,569        

a court determines that there was not reasonable cause for an      2,570        

appeal by a political subdivision, it shall require the political  2,571        

subdivision to pay reasonable expenses of the appellee, including  2,572        

attorney fees and costs.                                           2,573        

      The prosecuting attorney of the county shall represent the   2,575        

county or any township located within the county, unless the       2,576        

township has adopted the A limited self-government form of         2,577        

township HOME RULE government under Chapter 504. of the Revised    2,578        

Code, in which case the township law director shall represent the  2,581        

township, in any hearing or appeal under this section or section   2,582        

119.12, 4303.26, or 4303.271 of the Revised Code in which the      2,583        

county or township is a party.  The village solicitor or city law  2,584        

director of the municipal corporation shall represent the          2,585        

municipal corporation in any hearing or appeal under this section  2,586        

or section 119.12, 4303.26, or 4303.271 of the Revised Code in     2,587        

which the municipal corporation is a party.                        2,588        

      If a permit holder appeals under section 119.12 of the       2,590        

Revised Code from an order of the commission denying the transfer  2,591        

or renewal of a permit, or the transfer of a location, or if an    2,592        

applicant for a new permit appeals from an order of the            2,593        

commission denying the issuance of a permit, the commission shall  2,594        

send notice of the appeal by certified mail to the legislative     2,595        

authority or board of the political subdivision that was a party   2,596        

to an appeal before the commission.                                2,597        

      (C)  At least twenty-one days before the date by which a     2,599        

permit holder must pay any forfeiture pursuant to an order issued  2,600        

under section 4301.252 of the Revised Code, and at least           2,601        

twenty-one days before the effective date of an order issued by    2,602        

                                                          59     


                                                                 
the liquor control commission, revoking, cancelling, or            2,603        

suspending a liquor permit, except for a suspension imposed under  2,604        

division (A)(3) of section 4301.252 of the Revised Code, the       2,605        

commission shall send a copy of the order by certified mail to     2,606        

the holder, addressed to the holder at the premises named in the   2,608        

permit, and shall also send by certified mail copies of the order  2,609        

to the chief of police, marshal, or chief police officer of the    2,610        

municipal corporation in which the premises for which the permit   2,611        

was issued are situated, or to the sheriff of the county or        2,612        

constable of the township, in case the permit was issued for       2,613        

premises situated outside any municipal corporation.  A copy of    2,614        

an order revoking or canceling a permit or allowing the payment    2,615        

of a forfeiture under section 4301.252 of the Revised Code shall   2,616        

be sent to such officer at the same time as a copy is sent to the  2,617        

permit holder; a copy of an order suspending a permit shall be     2,618        

sent to such officer when the commission determines under section  2,619        

4301.252 of the Revised Code that the suspension is to become      2,620        

effective.  The order shall contain a statement of the number of   2,621        

the permit, the name of the holder, the location of the premises   2,622        

for which the permit was issued, and the date when the revocation  2,623        

or cancellation is to be effective, or, in case of suspension,     2,624        

the beginning and ending dates of the suspension period and such   2,625        

other information in the notice to the permit holder as is         2,626        

required by section 4301.252 of the Revised Code.  The holder of   2,627        

such a revoked or cancelled permit shall, on the effective date    2,628        

of the order of revocation or cancellation, immediately surrender  2,629        

the permit by mailing or delivering it to the superintendent of    2,631        

liquor control by certified mail.  If the revoked or canceled      2,632        

permit is not surrendered, the superintendent shall issue a        2,634        

written demand for its surrender and deliver the demand to the     2,635        

chief of police, marshal, or other chief police officer of the     2,636        

municipal corporation or to the sheriff of the county, or to the   2,637        

constable of the township, in which the premises for which the     2,638        

permit is issued are located, or to any designated agent of the    2,639        

                                                          60     


                                                                 
division of liquor control, and the chief of police, marshal, or   2,641        

other chief police officer of the municipal corporation, sheriff,  2,642        

constable, or agent shall immediately demand and secure            2,643        

possession of the revoked or cancelled permit and return it by     2,644        

certified mail to the superintendent.                              2,645        

      When a permit has been so suspended by order of the liquor   2,647        

control commission, the permit holder shall not sell any           2,648        

alcoholic beverages at such permit premises during the effective   2,649        

period stated in the order of a suspension, and shall cover the    2,651        

permit by posting a copy of the suspension order over the permit,  2,653        

and the order of suspension shall remain so posted on the permit   2,654        

premises until termination of the suspension period.  Upon         2,655        

termination of the suspension period, the permit holder may        2,656        

remove the copy of the suspension order from the permit and may    2,658        

resume the sale of alcoholic beverages as authorized by the        2,659        

permit and in compliance with Chapters 4301. and 4303. of the      2,660        

Revised Code.                                                      2,661        

      The foregoing paragraph of this section is inapplicable      2,663        

while a stay order is in effect as a result of an appeal taken by  2,664        

a permit holder from an order of revocation, cancellation, or      2,665        

suspension or from an order that allows the payment of a           2,666        

forfeiture under section 4301.252 of the Revised Code, pursuant    2,667        

to section 119.12 of the Revised Code.  A copy of the stay order   2,668        

shall be posted on the premises of the permit holder and shall be  2,669        

furnished by the division to the appropriate officer, as the case  2,672        

may be, such as the chief of police, marshal, constable, or        2,673        

sheriff.                                                                        

      A permit holder desiring to file a notice of appeal under    2,675        

section 119.12 of the Revised Code with respect to any order of    2,676        

the commission as described in this division shall do so within    2,677        

twenty-one days after the mailing of the notice of the             2,678        

commission's order as provided in section 119.12 of the Revised    2,679        

Code.                                                              2,680        

      Sec. 5543.01.  The (A)  EXCEPT AS PROVIDED IN DIVISION (B)   2,690        

                                                          61     


                                                                 
OF THIS SECTION, THE county engineer shall have general charge of  2,691        

the following:                                                                  

      (A)(1)  Construction, reconstruction, improvement,           2,693        

maintenance, and repair of all bridges and highways within his     2,694        

THE ENGINEER'S county, under the jurisdiction of the board of      2,695        

county commissioners;                                              2,696        

      (B)(2)  Construction, reconstruction, resurfacing, or        2,698        

improvement of roads by boards of township trustees under          2,699        

sections 5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to 5573.15,   2,700        

inclusive, and 5575.02 to 5575.09, inclusive, of the Revised       2,702        

Code;                                                                           

      (C)(3)  Construction, reconstruction, resurfacing, or        2,704        

improvement of the roads of a road district under section 5573.21  2,705        

of the Revised Code.                                               2,706        

      (B)  FOR ANY PARTICULAR PROJECT, AFTER NOTIFYING THE COUNTY  2,708        

ENGINEER, THE BOARD OF TOWNSHIP TRUSTEES OF A TOWNSHIP THAT HAS    2,710        

ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF THE   2,711        

REVISED CODE MAY HIRE AN INDEPENDENT PROFESSIONAL ENGINEER TO BE                

IN CHARGE OF THOSE ACTIVITIES LISTED IN DIVISION (A)(2) OF THIS    2,712        

SECTION.  THE COUNTY ENGINEER SHALL REVIEW ALL OF THE INDEPENDENT  2,715        

PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS AND PROVIDE THE     2,716        

BOARD OF TOWNSHIP TRUSTEES WITH COMMENTS ON THOSE PLANS WITHIN     2,717        

TEN WORKING DAYS AFTER RECEIVING THEM.  THE COUNTY ENGINEER SHALL  2,718        

MONITOR ALL PLANS FOR IMPROVEMENTS IN ORDER TO MAINTAIN            2,719        

COMPLIANCE WITH EXISTING CONSTRUCTION STANDARDS AND THOROUGHFARE   2,720        

PLANS, AND COORDINATE CONSTRUCTION TIMELINES WITHIN THE COUNTY.    2,721        

      (C)  The COUNTY engineer may not perform any duties in       2,723        

connection with the repair, maintenance, or dragging of roads by   2,726        

boards of township trustees, except that, upon the request of any  2,728        

board of township trustees he, THE COUNTY ENGINEER shall inspect   2,729        

any road designated by it and advise as to the best methods of     2,731        

repairing, maintaining, or dragging such THAT road.                             

      Sec. 5543.09.  The (A)  EXCEPT AS PROVIDED IN DIVISION (B)   2,741        

OF THIS SECTION, THE county engineer shall supervise the                        

                                                          62     


                                                                 
construction, reconstruction, improvement, maintenance, and        2,742        

repair of the highways, bridges, and culverts under the            2,743        

jurisdiction of the board of county commissioners, and the         2,744        

construction, reconstruction, resurfacing, and improvement of      2,745        

public roads by boards of township trustees under sections                      

5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, 5575.02    2,746        

to 5575.09, and 5577.01 of the Revised Code.  When the engineer    2,747        

has charge of the highways, bridges, and culverts within his THE   2,748        

ENGINEER'S county, and under the control of the  state, he THE     2,749        

ENGINEER shall also supervise their construction, reconstruction,  2,750        

improvement, and repair.                                           2,751        

      (B)  FOR ANY PARTICULAR PROJECT, WITH THE APPROVAL OF THE    2,753        

COUNTY ENGINEER, THE BOARD OF TOWNSHIP TRUSTEES OF A TOWNSHIP      2,755        

THAT HAS ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER      2,756        

504. OF THE REVISED CODE MAY HIRE AN INDEPENDENT PROFESSIONAL      2,757        

ENGINEER TO ASSIST THE COUNTY ENGINEER WITH THE SUPERVISION OF                  

THE CONSTRUCTION, RECONSTRUCTION, RESURFACING, AND IMPROVEMENT OF  2,758        

PUBLIC ROADS BY THE BOARD UNDER SECTIONS 5571.01, 5571.06,         2,760        

5571.07, 5571.15, 5573.01 TO 5573.15, 5575.02 TO 5575.09, AND      2,761        

5577.01 OF THE REVISED CODE.                                                    

      Sec. 5549.02.  (A)  Boards of county commissioners and       2,770        

boards of township trustees, in the purchase of machinery, tools,  2,771        

trucks, and other equipment for use in constructing, maintaining,  2,772        

and repairing roads, may make such purchases upon the following    2,773        

terms:  not less than one-fourth of the purchase price shall be    2,774        

paid in cash, and the remainder of the purchase price shall be     2,775        

paid in not more than five equal annual installments, except that  2,776        

if the board sells, as authorized by law, used vehicles,           2,777        

machinery, tools, or equipment owned by the county or township to  2,778        

the person or other entity from whom it is to make the purchase,   2,779        

the one-fourth cash down payment or any installments, or both,     2,780        

may be reduced by the amount of the selling price of the used      2,781        

vehicles, machinery, tools, or equipment.  Each installment shall  2,782        

be not less than one-fifth of the balance due and shall be         2,783        

                                                          63     


                                                                 
secured by a note which may contain a clause permitting            2,784        

prepayment at the option of the board.  Such boards may issue the  2,785        

notes of the county or township signed by the board of county      2,786        

commissioners or board of township trustees, attested by the       2,787        

signature of the county auditor or township clerk, and covering    2,788        

such deferred payments and payable at the times above provided.    2,789        

Such notes may bear interest at not to exceed the rate determined  2,790        

as provided in section 9.95 of the Revised Code, and are not       2,791        

subject to section 131.23 or 135.51 to 135.54 or to Chapter 133.   2,792        

of the Revised Code.  In the legislation under which such notes    2,793        

are authorized, the board of county commissioners or board of      2,794        

township trustees shall make provision for levying and collecting  2,795        

annually, by taxation, an amount sufficient to pay the interest    2,796        

and provide a sinking fund for the final redemption of such notes  2,797        

at maturity.                                                       2,798        

      Sections 5705.41 and 5705.44 of the Revised Code apply only  2,800        

to such portion of the purchase price of such machinery, tools,    2,801        

trucks, or equipment as is to be paid in cash, exclusive of any    2,802        

credit from the sale of used vehicles, machinery, tools, or        2,803        

equipment to the vendor.                                           2,804        

      (B)  The boards of trustees of any two or more townships,    2,806        

or the legislative authorities of any two or more political        2,807        

subdivisions, or any combination thereof, may, through joint       2,808        

action, unite in the joint purchase, maintenance, use, and         2,809        

operation of machinery, tools, trucks, and equipment for use in    2,810        

constructing, maintaining, and repairing roads, and may prorate    2,811        

the expense on such terms as are mutually agreed upon, and any     2,812        

political subdivision may lease machinery, tools, trucks, and      2,813        

other equipment from any one or more other political subdivisions  2,814        

for use in constructing, maintaining, and repairing roads on such  2,815        

terms as are mutually agreed upon.                                 2,816        

      (C)  Boards of county commissioners and boards of township   2,818        

trustees may also enter into leases which include an option to     2,819        

purchase machinery, tools, trucks, and other equipment for use in  2,820        

                                                          64     


                                                                 
constructing, maintaining, and repairing roads.  Any such          2,821        

contract to lease with an option to purchase shall require the     2,822        

board to pay at least three-twentieths of the total cost of the    2,823        

lease with an option to purchase in cash.  If the board sells      2,824        

used equipment as part of any such contract, the three-twentieths  2,825        

cash down payment may be reduced by the amount of the selling      2,826        

price of the used equipment.  Such leases with options to          2,827        

purchase shall be made from the lowest responsible bidder          2,828        

offering the equipment after advertisement as provided in section  2,829        

5575.01 of the Revised Code.  Such leases are not subject to the   2,830        

down payment and minimum annual installment requirements of        2,831        

division (A) of this section.                                      2,832        

      Sec. 5549.021.  A BOARD OF TOWNSHIP TRUSTEES MAY PURCHASE    2,835        

MACHINERY, TOOLS, TRUCKS, AND OTHER EQUIPMENT FOR USE IN           2,836        

CONSTRUCTING, MAINTAINING, AND REPAIRING ROADS AND, SUBJECT TO     2,837        

CHAPTER 133. OF THE REVISED CODE, MAY ISSUE FOR THAT PURPOSE       2,839        

GENERAL OBLIGATION BONDS OF THE TOWNSHIP FOR WHICH THE FULL FAITH  2,840        

AND CREDIT OF THE TOWNSHIP SHALL BE PLEDGED.                       2,841        

      Sec. 5573.01.  When the board of township trustees has       2,850        

determined that any road shall be constructed, reconstructed,      2,851        

resurfaced, or improved, such THE board shall determine by         2,853        

resolution, by unanimous vote if acting without a petition, and    2,854        

by a majority vote if acting upon a petition, the route and                     

termini of such THE road, AND the kind and extent of the           2,856        

improvement, and at the same time shall order the county engineer  2,857        

OR, IF THE TOWNSHIP HAS ADOPTED A LIMITED HOME RULE GOVERNMENT     2,858        

UNDER CHAPTER 504. OF THE REVISED CODE, HIRE AN INDEPENDENT        2,859        

PROFESSIONAL ENGINEER, AFTER NOTIFYING THE COUNTY ENGINEER, to     2,860        

make such surveys, plans, profiles, cross sections, estimates,     2,862        

and specifications as are required for such THE improvement.  IF   2,864        

AN INDEPENDENT PROFESSIONAL ENGINEER IS HIRED, THE COUNTY          2,865        

ENGINEER  SHALL REVIEW ALL OF THE INDEPENDENT PROFESSIONAL         2,866        

ENGINEER'S PLANS FOR IMPROVEMENTS AND PROVIDE THE BOARD OF         2,867        

TOWNSHIP TRUSTEES WITH COMMENTS ON THOSE PLANS WITHIN TEN WORKING  2,868        

                                                          65     


                                                                 
DAYS AFTER RECEIVING THEM.  THE COUNTY ENGINEER SHALL MONITOR ALL  2,869        

OF THE INDEPENDENT PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS  2,870        

IN ORDER TO MAINTAIN COMPLIANCE WITH EXISTING CONSTRUCTION         2,871        

STANDARDS AND THOROUGHFARE PLANS, AND COORDINATE CONSTRUCTION      2,872        

TIMELINES WITHIN THE COUNTY.                                       2,873        

      The IF THE BOARD ORDERS THE COUNTY ENGINEER TO ACT UNDER     2,875        

THIS SECTION, THE board may order the COUNTY engineer to make      2,876        

alternate surveys, plans, profiles, cross sections, estimates,     2,878        

and specifications, providing therein IN THEM for different        2,879        

widths of roadway, or different materials, and approve all or any  2,880        

number of such THESE alternate surveys, plans, profiles, cross     2,881        

sections, estimates, and specifications.  The COUNTY engineer      2,883        

may, without instructions from the board, prepare alternate        2,886        

surveys, plans, profiles, cross sections, estimates, and                        

specifications, providing therein IN THEM for different widths of  2,888        

roadways or different materials.  When alternate surveys, plans,   2,889        

profiles, cross sections, estimates, and specifications are        2,890        

approved by the board, or submitted by the COUNTY engineer on his  2,892        

THE COUNTY ENGINEER'S own motion, the board and COUNTY engineer    2,893        

shall, after the opening of bids, agree which of the surveys,      2,894        

plans, profiles, cross sections, estimates, and specifications     2,895        

shall be finally adopted for construction of the improvement.                   

      Section 2.  That existing sections 109.14, 133.09, 309.09,   2,897        

504.01, 504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 504.16,    2,899        

504.17, 504.18, 504.19, 505.261, 505.262, 505.264, 505.37,                      

505.373, 505.60, 505.701, 709.50, 711.05, 711.10, 713.22,          2,900        

1901.026, 2921.421, 3737.46, 3767.03, 4301.28, 5543.01, 5543.09,   2,902        

5549.02, and 5573.01 of the Revised Code are hereby repealed.      2,903        

      Section 3.  Notwithstanding anything to the contrary in      2,905        

section 713.22 of the Revised Code, the change in the composition  2,907        

of a county planning commission required under that section as     2,908        

amended by this act shall be implemented so that any member                     

serving on the board on the effective date of this act serves out  2,910        

the member's term of office, even if the membership would not      2,912        

                                                          66     


                                                                 
then meet the representation requirements in section 713.22 of     2,913        

the Revised Code.  As new members are appointed to the                          

commission, the new members shall be appointed so as to meet the   2,914        

representation requirements in section 713.22 of the Revised Code  2,915        

as soon as possible without interfering with any member's term of  2,916        

office.