As Reported by House Local Government and Townships Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 315 5
1999-2000 6
REPRESENTATIVES HAINES-CAREY-NETZLEY-CALVERT-ALLEN-HARTNETT- 8
PADGETT-SULZER-WILLAMOWSKI-TAYLOR-SCHULER-MAIER-CLANCY-BENDER- 9
SCHURING-BRITTON-DISTEL-EVANS-O'BRIEN-VESPER-FERDERBER-BARRETT- 10
GRENDELL-TERWILLEGER-HOLLISTER-VERICH-YOUNG 11
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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 political
subdivisions to obtain or provide emergency 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) FOR PURPOSES OF THIS SECTION, 30
"EMERGENCY" MEANS AN ACTION NEEDED TO PRESERVE THE PUBLIC HEALTH 31
AND SAFETY OF THE TOWNSHIP RECEIVING THE SERVICES. 32
(B) The board of township trustees may construct, 34
reconstruct, resurface, or improve any public road, or part 35
thereof OF ANY PUBLIC ROAD, under its jurisdiction or any county 37
road, intercounty highway, or state highway within its township.
In the case of a county road, the plans and specifications for 38
the proposed improvement shall first be submitted to the board of 40
county commissioners of the county and receive its approval, and 41
in the case of an intercounty or state highway, plans and 42
specifications shall first be submitted to the director of 43
transportation and receive his THE DIRECTOR'S approval. The 44
board of township trustees may widen, straighten, or change the
direction of any part of a road in connection with the 46
2
proceedings for its improvement.
(B)(C) The board of township trustees may construct, 48
improve, maintain, or repair the berm of any road under its 50
jurisdiction, in order to provide a hard surface or other 51
improved approach to rural mail boxes located on public highways. 52
(C)(D) No contract for the construction or repair of a 54
bridge, the entire cost of which construction or repair exceeds 57
fifty thousand dollars, shall be entered into by the township 58
unless the plans are first approved by the director.
(E)(1) IN ORDER TO OBTAIN OR PROVIDE ASSISTANCE IN 60
CARRYING OUT DIVISION (A) OF THIS SECTION, BUT ONLY IN THE CASE 61
OF AN EMERGENCY, ANY BOARD OF TOWNSHIP TRUSTEES MAY ENTER INTO A 62
CONTRACT WITH ONE OR MORE POLITICAL SUBDIVISIONS, AND THE 63
LEGISLATIVE AUTHORITIES OF THOSE POLITICAL SUDIVISIONS MAY ENTER 64
INTO THAT CONTRACT, UNDER TERMS AGREEABLE TO ALL PARTIES, TO 65
OBTAIN OR PROVIDE EMERGENCY ROAD CONSTRUCTION, RECONSTRUCTION, 66
RESURFACING, IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES. THE 68
CONTRACT MAY PROVIDE FOR A FIXED ANNUAL CHARGE TO BE PAID AT 69
TIMES AGREED UPON AND STIPULATED IN THE CONTRACT. THE COST OF 70
THE CONTRACT MAY BE PAID FROM THE TOWNSHIP GENERAL FUND OR FROM
THE MAINTENANCE AND REPAIR FUND ESTABLISHED UNDER SECTION 5575.10 71
OF THE REVISED CODE.
(2) CHAPTER 2744. OF THE REVISED CODE, INSOFAR AS IT 73
APPLIES TO THE PROVISION OF ROAD CONSTRUCTION, RECONSTRUCTION, 74
RESURFACING, IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES, 75
APPLIES TO A TOWNSHIP OR ANY OTHER POLITICAL SUVDIVISION THAT HAS
ENTERED INTO A CONTRACT UNDER DIVISION (E)(1) OF THIS SECTION, 77
AND TO THAT TOWNSHIP'S OR OTHER POLITICAL SUBDIVISION'S 78
EMPLOYEES, WHEN THE EMPLOYEES ARE RENDERING THESE EMERGENCY 79
SERVICES OUTSIDE THEIR POLITICAL SUBDIVISION'S BOUNDARIES UNDER 80
THAT CONTRACT. 81
(3) TOWNSHIP OR OTHER POLITICAL SUBDIVISION EMPLOYEES 83
ACTING OUTSIDE THE POLITICAL SUBDIVISION THAT EMPLOYS THEM UNDER 84
A CONTRACT THAT THE POLITICAL SUBDIVISION HAS ENTERED INTO UNDER 85
3
DIVISION (E)(1) OF THIS SECTION MAY PARTICIPATE IN ANY PENSION OR 87
INDEMNITY FUND THAT THEIR EMPLOYER ESTABLISHES AND ARE ENTITLED 88
TO ALL RIGHTS AND BENEFITS OF CHAPTER 4123. OF THE REVISED CODE, 89
TO THE SAME EXTENT AS WHEN PERFORMING SERVICES WITHIN THE 90
POLITICAL SUBDIVISION THAT EMPLOYS THEM.
Section 2. That existing section 5571.01 of the Revised 92
Code is hereby repealed. 93