As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  H. B. No. 315  5            

      1999-2000                                                    6            


       REPRESENTATIVES HAINES-CAREY-NETZLEY-CALVERT-ALLEN-         7            

       HARTNETT-PADGETT-SULZER-WILLAMOWSKI-TAYLOR-SCHULER-         8            

       MAIER-CLANCY-BENDER-SCHURING-BRITTON-DISTEL-EVANS-          9            

O'BRIEN-VESPER-FERDERBER-BARRETT-GRENDELL-TERWILLEGER- HOLLISTER   11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend section 5571.01 of the Revised Code to       14           

                authorize a board of township trustees to enter    15           

                into a contract with one or more other boards of                

                township trustees to obtain or provide road        16           

                construction or maintenance services.                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 5571.01 of the Revised Code be      20           

amended to read as follows:                                        21           

      Sec. 5571.01.  (A)  The board of township trustees may       30           

construct, reconstruct, resurface, or improve any public road, or  31           

part thereof OF ANY PUBLIC ROAD, under its jurisdiction or any     33           

county road, intercounty highway, or state highway within its                   

township.  In the case of a county road, the plans and             34           

specifications for the proposed improvement shall first be         36           

submitted to the board of county commissioners of the county and   37           

receive its approval, and in the case of an intercounty or state   38           

highway, plans and specifications shall first be submitted to the               

director of transportation and receive his THE DIRECTOR'S          39           

approval.  The board of township trustees may widen, straighten,   40           

or change the direction of any part of a road in connection with   42           

the proceedings for its improvement.                                            

      (B)  The board of township trustees may construct, improve,  44           

maintain, or repair the berm of any road under its jurisdiction,   45           

                                                          2      


                                                                 
in order to provide a hard surface or other improved approach to   46           

rural mail boxes located on public highways.                       47           

      (C)  No contract for the construction or repair of a         49           

bridge, the entire cost of which construction or repair exceeds    51           

fifty thousand dollars, shall be entered into by the township      52           

unless the plans are first approved by the director.                            

      (D)(1)  IN ORDER TO OBTAIN OR PROVIDE ASSISTANCE IN          54           

CARRYING OUT DIVISION (A) OF THIS SECTION AND IN MAINTAINING AND   55           

REPAIRING ROADS, ANY BOARD OF TOWNSHIP TRUSTEES MAY ENTER INTO A   56           

CONTRACT, UNDER TERMS THE BOARD AGREES TO, WITH ONE OR MORE OTHER  57           

BOARDS OF TOWNSHIP TRUSTEES TO OBTAIN OR PROVIDE ROAD              58           

CONSTRUCTION, RECONSTRUCTION, RESURFACING, IMPROVEMENT,                         

MAINTENANCE, OR REPAIR SERVICES.  THE CONTRACT MAY PROVIDE FOR A   59           

FIXED ANNUAL CHARGE TO BE PAID AT TIMES AGREED UPON AND            60           

STIPULATED IN THE CONTRACT.  THE COST OF THE CONTRACT MAY BE PAID  61           

FROM THE TOWNSHIP GENERAL FUND OR FROM THE MAINTENANCE AND REPAIR  62           

FUND ESTABLISHED UNDER SECTION 5575.10 OF THE REVISED CODE.                     

      (2)  CHAPTER 2744. OF THE REVISED CODE, INSOFAR AS IT        64           

APPLIES TO THE PROVISION OF ROAD CONSTRUCTION, RECONSTRUCTION,     65           

RESURFACING, IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES,         66           

APPLIES TO A TOWNSHIP THAT HAS ENTERED INTO A CONTRACT UNDER                    

DIVISION (D)(1) OF THIS SECTION, AND TO THAT TOWNSHIP'S            67           

EMPLOYEES, WHEN THE EMPLOYEES ARE RENDERING THESE SERVICES         68           

OUTSIDE THE TOWNSHIP UNDER THAT CONTRACT.                          69           

      (3)  TOWNSHIP EMPLOYEES ACTING OUTSIDE THE TOWNSHIP THAT     71           

EMPLOYS THEM UNDER A CONTRACT THAT THE TOWNSHIP HAS ENTERED INTO   72           

UNDER DIVISION (D)(1) OF THIS SECTION MAY PARTICIPATE IN ANY       73           

PENSION OR INDEMNITY FUND THAT THEIR EMPLOYER ESTABLISHES AND ARE  74           

ENTITLED TO ALL RIGHTS AND BENEFITS OF CHAPTER 4123. OF THE        75           

REVISED CODE, TO THE SAME EXTENT AS WHEN PERFORMING SERVICES                    

WITHIN THE TOWNSHIP THAT EMPLOYS THEM.                             76           

      Section 2.  That existing section 5571.01 of the Revised     78           

Code is hereby repealed.                                           79