As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-OLMAN-HARRIS-METZGER- 11
MOTTLEY-BUEHRER-TIBERI-CORE-OPFER-OGG-MYERS-WINKLER-BUCHY-KREBS- 12
CORBIN-AMSTUTZ-SALERNO-JOLIVETTE-AUSTRIA 13
_________________________________________________________________ 14
A B I L L
To amend section 5571.01 of the Revised Code to 16
authorize a board of township trustees to enter 17
into a contract with one or more political
subdivisions to obtain or provide emergency road 18
construction or maintenance services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 5571.01 of the Revised Code be 22
amended to read as follows: 23
Sec. 5571.01. (A) FOR PURPOSES OF THIS SECTION, 32
"EMERGENCY" MEANS AN ACTION NEEDED TO PRESERVE THE PUBLIC HEALTH 33
AND SAFETY OF THE TOWNSHIP RECEIVING THE SERVICES. 34
(B) The board of township trustees may construct, 36
reconstruct, resurface, or improve any public road, or part 37
thereof OF ANY PUBLIC ROAD, under its jurisdiction or any county 39
road, intercounty highway, or state highway within its township.
In the case of a county road, the plans and specifications for 40
the proposed improvement shall first be submitted to the board of 42
county commissioners of the county and receive its approval, and 43
in the case of an intercounty or state highway, plans and 44
specifications shall first be submitted to the director of 45
transportation and receive his THE DIRECTOR'S approval. The 46
2
board of township trustees may widen, straighten, or change the
direction of any part of a road in connection with the 48
proceedings for its improvement.
(B)(C) The board of township trustees may construct, 50
improve, maintain, or repair the berm of any road under its 52
jurisdiction, in order to provide a hard surface or other 53
improved approach to rural mail boxes located on public highways. 54
(C)(D) No contract for the construction or repair of a 56
bridge, the entire cost of which construction or repair exceeds 59
fifty thousand dollars, shall be entered into by the township 60
unless the plans are first approved by the director.
(E)(1) IN ORDER TO OBTAIN OR PROVIDE ASSISTANCE IN 62
CARRYING OUT DIVISION (A) OF THIS SECTION, BUT ONLY IN THE CASE 63
OF AN EMERGENCY, ANY BOARD OF TOWNSHIP TRUSTEES MAY ENTER INTO A 64
CONTRACT WITH ONE OR MORE POLITICAL SUBDIVISIONS, AND THE 65
LEGISLATIVE AUTHORITIES OF THOSE POLITICAL SUDIVISIONS MAY ENTER 66
INTO THAT CONTRACT, UNDER TERMS AGREEABLE TO ALL PARTIES, TO 67
OBTAIN OR PROVIDE EMERGENCY ROAD CONSTRUCTION, RECONSTRUCTION, 68
RESURFACING, IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES. THE 70
CONTRACT MAY PROVIDE FOR A FIXED ANNUAL CHARGE TO BE PAID AT 71
TIMES AGREED UPON AND STIPULATED IN THE CONTRACT. THE COST OF 72
THE CONTRACT MAY BE PAID FROM THE TOWNSHIP GENERAL FUND OR FROM
THE MAINTENANCE AND REPAIR FUND ESTABLISHED UNDER SECTION 5575.10 73
OF THE REVISED CODE.
(2) CHAPTER 2744. OF THE REVISED CODE, INSOFAR AS IT 75
APPLIES TO THE PROVISION OF ROAD CONSTRUCTION, RECONSTRUCTION, 76
RESURFACING, IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES, 77
APPLIES TO A TOWNSHIP OR ANY OTHER POLITICAL SUBDIVISION THAT HAS
ENTERED INTO A CONTRACT UNDER DIVISION (E)(1) OF THIS SECTION, 79
AND TO THAT TOWNSHIP'S OR OTHER POLITICAL SUBDIVISION'S 80
EMPLOYEES, WHEN THE EMPLOYEES ARE RENDERING THESE EMERGENCY 81
SERVICES OUTSIDE THEIR POLITICAL SUBDIVISION'S BOUNDARIES UNDER 82
THAT CONTRACT. 83
(3) TOWNSHIP OR OTHER POLITICAL SUBDIVISION EMPLOYEES 85
3
ACTING OUTSIDE THE POLITICAL SUBDIVISION THAT EMPLOYS THEM UNDER 86
A CONTRACT THAT THE POLITICAL SUBDIVISION HAS ENTERED INTO UNDER 87
DIVISION (E)(1) OF THIS SECTION MAY PARTICIPATE IN ANY PENSION OR 89
INDEMNITY FUND THAT THEIR EMPLOYER ESTABLISHES AND ARE ENTITLED 90
TO ALL RIGHTS AND BENEFITS OF CHAPTER 4123. OF THE REVISED CODE, 91
TO THE SAME EXTENT AS WHEN PERFORMING SERVICES WITHIN THE 92
POLITICAL SUBDIVISION THAT EMPLOYS THEM.
Section 2. That existing section 5571.01 of the Revised 94
Code is hereby repealed. 95