| Sec. 505.10. The board of township trustees may accept, on | 17 |
|
behalf of the township, the donation by bequest, devise, deed of | 18 |
|
gift, or otherwise, of any
real or personal
property
for any | 19 |
|
township use. When the township has property, including
motor | 20 |
|
vehicles, road machinery, equipment, and tools, which the
board, | 21 |
|
by resolution, finds it does not need
for public use, are | 22 |
|
obsolete, or are unfit for the use for which they were acquired, | 23 |
|
the board may sell and
convey
that property
or otherwise
dispose | 24 |
|
of it in accordance with this section. Except as
otherwise | 25 |
provided
in
sections
505.08
and, 505.101, and 505.102 of the | 26 |
Revised Code,
the sale
or
other disposition of unneeded, obsolete, | 27 |
or unfit
property shall
be
made in accordance with one of the | 28 |
|
following: | 29 |
| (A)(1) If the fair market value of
property to be sold
is, | 30 |
|
in the opinion of the board, in excess of two thousand five | 31 |
|
hundred
dollars, the
sale shall be by public auction and the board | 32 |
|
shall publish notice of the time,
place, and
manner of the sale | 33 |
|
once a week for three weeks in a
newspaper
published, or of | 34 |
|
general circulation, in the township,
the
last
of
those | 35 |
|
publications to be at least five days
before
the date of
sale, and | 36 |
|
shall post a typewritten or printed
notice
of the time,
place, and | 37 |
|
manner of the sale in the office of
the
board for at least ten | 38 |
|
days
prior to the sale. | 39 |
| (3) If the board finds, by resolution, that the
township has | 44 |
|
motor vehicles, road machinery, equipment, or tools
which are not | 45 |
|
needed, or
are unfit for public use, and the
board wishes
to sell
| 46 |
|
the motor vehicles, road machinery,
equipment, or tools
to the | 47 |
|
person or firm from which it proposes
to purchase other
motor | 48 |
|
vehicles, road machinery, equipment, or
tools, the board
may offer | 49 |
|
to sell the motor vehicles, road
machinery, equipment,
or tools to
| 50 |
|
that person or firm, and to
have
the selling price
credited to | 51 |
|
the person or firm against
the purchase price of
other motor | 52 |
|
vehicles, road machinery,
equipment, or tools. | 53 |
| (4) If the board advertises for bids for the sale of
new | 54 |
|
motor vehicles, road machinery, equipment, or tools to the | 55 |
|
township, it may include in the same advertisement a notice of
the | 56 |
|
willingness of the board to accept bids for the purchase of | 57 |
|
township-owned motor vehicles, road machinery, equipment, or
tools | 58 |
|
which are obsolete or not needed for public use, and to
have the | 59 |
|
amount of
those bids subtracted from the selling
price of
the new | 60 |
|
motor vehicles, road machinery, equipment, or
tools, as a
means of | 61 |
|
determining the lowest responsible bidder. | 62 |
| (B) When the board has offered property at public auction | 79 |
|
under
this section and has not received an acceptable offer, the | 80 |
|
board, by
resolution, may enter into a contract, without | 81 |
|
advertising or bidding, for the
sale of that property. The | 82 |
|
resolution shall specify a minimum acceptable
price and the | 83 |
|
minimum acceptable terms for the contract. The minimum
acceptable | 84 |
|
price shall not be lower than the minimum price established for | 85 |
|
the
public auction. | 86 |
| (C) Notwithstanding anything to the contrary in division
(A) | 87 |
|
or (B) of this section and regardless of the property's value,
the | 88 |
|
board of township trustees may sell personal property,
including | 89 |
|
motor vehicles, road machinery, equipment, tools, or
supplies, | 90 |
|
which is not needed for public use, or is obsolete or
unfit for | 91 |
|
the use for which it was acquired, by internet auction.
The board | 92 |
|
shall adopt, during each calendar year, a resolution
expressing | 93 |
|
its intent to sell that property by internet auction.
The | 94 |
|
resolution shall include a description of how the auctions
will be | 95 |
|
conducted and shall specify the number of days for bidding
on the | 96 |
|
property, which shall be no less than fifteen days,
including | 97 |
|
Saturdays, Sundays, and legal holidays. The resolution
shall | 98 |
|
indicate whether the township will conduct the auction or
the | 99 |
|
board will contract with a representative to conduct the
auction | 100 |
|
and shall establish the general terms and
conditions of
sale. If | 101 |
|
a representative is known when
the resolution is
adopted, the | 102 |
|
resolution shall provide contact
information such as
the | 103 |
|
representative's name, address, and telephone
number. | 104 |
| After adoption of the resolution, the board shall
publish, in | 105 |
|
a newspaper of general circulation in the township, notice of its | 106 |
|
intent to sell unneeded, obsolete, or unfit township personal | 107 |
|
property by internet auction. The notice shall include a
summary | 108 |
|
of the information provided in the resolution and shall be | 109 |
|
published at least twice. The second and any subsequent notice | 110 |
|
shall be published not less than ten nor more than twenty days | 111 |
|
after the previous notice. A clerk also shall post a similar | 112 |
|
notice throughout the calendar year in a conspicuous place in the | 113 |
|
board's office and, if the township maintains a website on the | 114 |
|
internet, the notice shall be posted continually throughout the | 115 |
|
calendar year at that website. | 116 |
| When property is to be sold by internet auction, the board or | 117 |
|
its representative may establish a minimum price that
will be | 118 |
|
accepted for specific items and may establish any other
terms and | 119 |
|
conditions for the particular sale, including
requirements for | 120 |
|
pick-up or delivery, method of payment, and sales
tax. This type | 121 |
|
of information shall be provided on the internet
at the time of | 122 |
|
the auction and may be provided before that time
upon request | 123 |
|
after the terms and conditions have been determined
by the board | 124 |
|
or its representative. | 125 |
| Sec. 507.11. (A) The board of township trustees may | 130 |
authorize, by resolution,
authorize township officers and | 131 |
employees to incur obligations of
seventwo thousand
five hundred | 132 |
fifty dollars or less on behalf of the township, or it may | 133 |
|
authorize, by resolution, the township administrator to so | 134 |
|
authorize township officers and employees. The obligations | 135 |
|
incurred on behalf of the township by a township officer
or | 136 |
|
employee acting pursuant to any such resolution shall be | 137 |
|
subsequently
approved by the adoption of a formal resolution of | 138 |
|
the board of township
trustees. | 139 |
Sec. 517.15. The(A) A board of township trustees may | 143 |
receive by gift, devise,
bequest, or otherwise, any money, | 144 |
securities, or other property, in trust, as a
permanent fund to be | 145 |
held and invested by the board and its successors in
office, the | 146 |
income therefrom to be used and expended under its direction, in | 147 |
| create a permanent cemetery endowment fund for the purpose of | 148 |
|
maintaining, improving, and beautifying township cemeteries and | 149 |
|
burial lots in township cemeteries. The fund shall consist of | 150 |
|
money arising from the following sources: | 151 |
| Separate accounts shall be established in the fund, one for | 171 |
|
money arising from the sources described in divisions (A)(1), (2), | 172 |
|
and (3) of this section and at least one for money arising from | 173 |
|
each
of the sources described in divisions (A)(4) and (5) of this | 174 |
|
section. The principal of the account established for money | 175 |
|
arising from the sources described in divisions (A)(1), (2), and | 176 |
|
(3) of this section shall be held permanently
in
that account, and | 177 |
|
only the income from the investment of the
principal shall be | 178 |
|
expended for the purpose for which the account
is created and for | 179 |
|
any expense of managing the account. The principal of money | 180 |
|
arising from a source described in
division (A)(4) or (5) of this | 181 |
|
section and the income arising from
the investment of that | 182 |
|
principal shall be held in trust, and the
income shall be expended | 183 |
|
only for the maintenance, improvement,
or beautification of the | 184 |
|
designated burial lot and for expenses
incurred in managing the | 185 |
|
applicable account. Money in an account
established for a source | 186 |
|
described in division (A)(4) or (5) of
this section may be | 187 |
|
invested with money in other accounts of the
fund, but the income | 188 |
|
arising from that investment shall be
apportioned among the | 189 |
|
separate accounts on a pro rata basis
according to the sum | 190 |
|
invested from each account. | 191 |
| (C) The township clerk shall keep an accurate and separate | 192 |
|
account of the permanent cemetery endowment fund and each of the | 193 |
|
accounts in the fund, the income from the investment of money in | 194 |
|
those accounts, and all disbursements from those accounts. The | 195 |
|
clerk's account shall be open to inspection at all reasonable | 196 |
|
times and shall be approved by the board at each annual meeting. | 197 |
|
All moneys and securities in the fund shall remain in the custody | 198 |
|
of the clerk and the clerk's successors in office, and the clerk | 199 |
|
and the clerk's sureties shall be liable upon the official bond | 200 |
|
for their safekeeping and proper accounting, as for other moneys, | 201 |
|
securities, and property in the clerk's possession and belonging | 202 |
|
to the township. For any purpose connected with money held in | 203 |
|
trust in the fund, the board and its successors may commence any | 204 |
|
action in court, or make any defense in an action in court, | 205 |
|
necessary to the execution of the trust. | 206 |
Sec. 5571.14. Whenever any fence(A) A board of township | 207 |
|
trustees or township highway superintendent may determine that an | 208 |
object bounding any public highway, and located
wholly or in part | 209 |
on the land belonging to
suchthe highway, in any way interferes | 210 |
|
with
snow or ice removal from, the maintenance of, or the proper | 211 |
grading, draining, or dragging of
suchthe highway,
or causes the | 212 |
|
drifting of snow
on the highway, or in any other manner obstructs | 213 |
or endangers the public
travel of
suchthe highway, the. The | 214 |
board
of township trusteesor superintendent then may declare
such | 215 |
fencethe object to be a public nuisance and order the owner, | 216 |
agent, or occupant of the
landsland on
or bordering upon which | 217 |
such fencethe object is maintained, to remove it
from such | 218 |
highway within thirty days. If
suchthat person refuses or | 219 |
neglects to comply with
theirthe order, the board
or | 220 |
superintendent shall have the
fenceobject removed, and the. The | 221 |
|
expense incurred
in that removal shall be certified to the county | 222 |
auditor and entered on the tax duplicate
against
suchthat land, | 223 |
|
to be collected
in the same manner as other taxes. | 224 |
| A reserve balance account established for the purpose | 269 |
described in
division (A)(1) of this section
shallmay be | 270 |
|
established
in the general
fund
or in one or more special funds of | 271 |
the subdivision, and the. The amount of money to
be reserved in | 272 |
thatsuch an account in any fiscal year shall not exceed
five per | 273 |
cent of the
general fund
revenue
forcredited in the preceding | 274 |
|
fiscal
year
to the fund in which the account is established. | 275 |
|
Subject to division (G) of
section 5705.29 of the Revised
Code, | 276 |
|
any reserve balance in
an account
established under division | 277 |
|
(A)(1) of this section shall not be
considered part of the | 278 |
|
unencumbered balance or revenue of the subdivision
under division | 279 |
|
(A) of section 5705.35 or division (A)(1) of
section 5705.36 of | 280 |
|
the Revised Code. | 281 |
| A reserve balance account established for the purpose | 286 |
|
described in
division (A)(2) or (3) of this section shall be | 287 |
|
established in the general
fund
of the subdivision or by the | 288 |
|
establishment of a separate internal service
fund established to | 289 |
|
account for the operation of the self-insurance or retrospective | 290 |
|
ratings plan
program, and shall be based on sound actuarial | 291 |
|
principles. The total amount
of money in a reserve balance | 292 |
|
account for self-insurance may be expressed in dollars or as the | 293 |
|
amount
determined to represent an adequate reserve according to | 294 |
|
sound actuarial
principles. | 295 |
| (B) A taxing authority of a subdivision, by resolution or | 301 |
|
ordinance, may
establish a special revenue fund for the purpose of | 302 |
|
accumulating resources
for the payment of accumulated sick leave | 303 |
|
and vacation leave, and for payments
in lieu of taking | 304 |
|
compensatory time off, upon the
termination of employment or the | 305 |
|
retirement of officers and employees of the
subdivision. The | 306 |
|
special revenue fund may also accumulate resources for
payment of | 307 |
|
salaries during any fiscal year when the number of pay periods | 308 |
|
exceeds the usual and customary number of pay periods. | 309 |
|
Notwithstanding
sections 5705.14, 5705.15, and 5705.16 of the | 310 |
|
Revised Code,
the taxing authority, by resolution or ordinance, | 311 |
|
may transfer money to the
special
revenue fund from any other fund | 312 |
|
of the subdivision from which such payments
may lawfully be made. | 313 |
|
The taxing authority, by resolution or ordinance,
may rescind a | 314 |
|
special revenue fund established under this division. If a | 315 |
|
special revenue fund is rescinded, money that has accumulated in | 316 |
|
the fund
shall be transferred to the fund or funds from which the | 317 |
|
money originally was
transferred. | 318 |
| (C) A taxing authority of a subdivision, by resolution or | 319 |
|
ordinance, may establish a capital projects fund for the purpose | 320 |
|
of
accumulating resources for the acquisition, construction, or | 321 |
|
improvement of
fixed assets of the subdivision. For the purposes | 322 |
|
of this section,
"fixed
assets" includes motor vehicles. More | 323 |
|
than one capital projects fund may be
established and may exist at | 324 |
|
any time. The ordinance or resolution shall
identify the source | 325 |
|
of the money to be used to acquire, construct, or improve
the | 326 |
|
fixed assets identified in the resolution or ordinance, the amount | 327 |
|
of
money to be accumulated for that purpose, the period of time | 328 |
|
over which that
amount is to be accumulated, and the fixed assets | 329 |
|
that the taxing authority
intends to acquire, construct, or | 330 |
|
improve with the money to be
accumulated in the fund. | 331 |
| A taxing authority of a subdivision shall not accumulate | 332 |
|
money in a
capital projects
fund for more than five years after | 333 |
|
the resolution or ordinance establishing
the fund is adopted. If | 334 |
|
the subdivision has not entered into a contract for
the | 335 |
|
acquisition, construction, or improvement of
fixed assets for | 336 |
|
which money was accumulated in such a fund before the end of
that | 337 |
|
five-year period, the fiscal officer of the subdivision
shall | 338 |
|
transfer all money in the fund to the fund or funds from which | 339 |
|
that
money originally was transferred or the fund that originally | 340 |
|
was intended to
receive the money. | 341 |
| Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the | 347 |
|
Revised Code, the
taxing authority of a subdivision, by resolution | 348 |
|
or ordinance, may transfer
money to the
capital projects fund from | 349 |
|
any other fund of the subdivision that may
lawfully
be used for | 350 |
|
the purpose of acquiring, constructing, or improving the fixed | 351 |
|
assets identified in the resolution or ordinance. | 352 |