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           


_________________________________________________________________   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 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