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
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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
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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
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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
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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
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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
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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.