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To amend sections 124.23, 124.27, 133.01, 505.10, | 1 |
505.82, 507.11, 517.15, 5543.10, 5571.14, 5571.16, | 2 |
5705.13, and 5705.19, to enact section 505.401, and | 3 |
to repeal sections 517.16, 517.17, and 517.18 of | 4 |
the Revised Code to authorize taxing authorities to | 5 |
create multiple reserve balance accounts for rainy | 6 |
day funds; to permit political subdivisions to levy | 7 |
a tax in excess of the ten-mill limitation for | 8 |
parks and recreational purposes and to permit a | 9 |
township to levy such a tax on a permanent | 10 |
continuous basis; to expand the authority of | 11 |
townships pertaining to the permanent endowment | 12 |
fund for their cemeteries; to authorize townships | 13 |
to sell real property under certain circumstances | 14 |
without a public auction or competitive bidding; to | 15 |
authorize townships to declare a road obstruction | 16 |
to be a nuisance and to order its removal; to | 17 |
permit counties and townships to provide curbs, | 18 |
including driveway aprons, and gutters along public | 19 |
highways; to permit a board of township trustees to | 20 |
require a permit for the installation of a driveway | 21 |
culvert; to permit a board of township trustees to | 22 |
declare an emergency for up to six months in order | 23 |
to remove, among other things, snow and ice from | 24 |
private roads; to permit authorized township | 25 |
officers and employees to incur obligations of up | 26 |
to $2500 without prior approval; to make changes in | 27 |
the residency requirements for employees in the | 28 |
classified civil service; and to authorize township | 29 |
fire districts to issue bonds in accordance with | 30 |
the Uniform Public Securities Law. | 31 |
Section 1. That sections 124.23, 124.27, 133.01, 505.10, | 32 |
505.82, 507.11, 517.15, 5543.10, 5571.14, 5571.16, 5705.13, and | 33 |
5705.19 be amended and section 505.401 of the Revised Code be | 34 |
enacted to read as follows: | 35 |
Sec. 124.23. (A) All applicants for positions and places in | 36 |
the classified service shall be subject to examination, except for | 37 |
applicants for positions as professional or certified service and | 38 |
paraprofessional employees of county boards of mental retardation | 39 |
and developmental disabilities, who shall be hired in the manner | 40 |
provided in section 124.241 of the Revised Code. | 41 |
(B) Any examination administered under this section shall be | 42 |
public, and open to all citizens of the United States and those | 43 |
persons who have legally declared their intentions of becoming | 44 |
United States citizens, within certain limitations to be | 45 |
determined by the director of administrative services, as to | 46 |
citizenship,
| 47 |
and moral character; provided any soldier, sailor, marine, coast | 48 |
guarder, member of the auxiliary corps as established by congress, | 49 |
member of the army nurse corps or navy nurse corps, or red cross | 50 |
nurse who has served in the army, navy, or hospital service of the | 51 |
United States, and such other military service as is designated by | 52 |
congress, including World War I, World War II, or during the | 53 |
period beginning May 1, 1949, and lasting so long as the armed | 54 |
forces of the United States are engaged in armed conflict or | 55 |
occupation duty, or the selective service or similar conscriptive | 56 |
acts are in effect in the United States, whichever is the later | 57 |
date, who has been honorably discharged therefrom or transferred | 58 |
to the reserve with evidence of satisfactory service, and is a | 59 |
resident of Ohio, may file with the director of administrative | 60 |
services a certificate of service or honorable discharge, | 61 |
whereupon the person shall receive additional credit of twenty per | 62 |
cent of the person's total grade given in the regular examination | 63 |
in which the person receives a passing grade. Such examination | 64 |
may include an evaluation of such factors as education, training, | 65 |
capacity, knowledge, manual dexterity, and physical or | 66 |
psychological fitness. Examinations shall consist of one or more | 67 |
tests in any combination. Tests may be written, oral, physical, | 68 |
demonstration of skill, or an evaluation of training and | 69 |
experiences and shall be designed to fairly test the relative | 70 |
capacity of the persons examined to discharge the particular | 71 |
duties of the position for which appointment is sought. Where | 72 |
minimum or maximum requirements are established for any | 73 |
examination they shall be specified in the examination | 74 |
announcement. | 75 |
The director of administrative services shall have control of | 76 |
all examinations, except as otherwise provided in sections 124.01 | 77 |
to 124.64 of the Revised Code. No questions in any examination | 78 |
shall relate to political or religious opinions or affiliations. | 79 |
No credit for seniority, efficiency, or any other reason shall be | 80 |
added to an applicant's examination grade unless the applicant | 81 |
achieves at least the minimum passing grade on the examination | 82 |
without counting such extra credit. | 83 |
Except as otherwise provided in sections 124.01 to 124.64 of | 84 |
the Revised Code, the director of administrative services shall | 85 |
give reasonable notice of the time, place, and general scope of | 86 |
every competitive examination for appointment to a position in the | 87 |
civil service. The director of administrative services shall send | 88 |
written, printed, or electronic notices of every examination of | 89 |
the state classified service to each agency of the type the | 90 |
director of job and family services specifies and, in the case of | 91 |
a county in which no such agency is located, to the clerk of the | 92 |
court of common pleas of that county and to the clerk of each city | 93 |
of that county. Such notices, promptly upon receipt, shall be | 94 |
posted in conspicuous public places in the designated agencies and | 95 |
the courthouse, and city hall of the cities, of the counties in | 96 |
which no such agency is located. Such notices shall be posted in | 97 |
a conspicuous place in the office of the director of | 98 |
administrative services for at least two weeks before any | 99 |
examination. In case of examinations limited by the director of | 100 |
administrative services to a district, county, city, or | 101 |
department, the director of administrative services shall provide | 102 |
by rule for adequate publicity of such examinations in the | 103 |
district, county, city, or department within which competition is | 104 |
permitted. | 105 |
Sec. 124.27. (A) The head of a department, office, or | 106 |
institution, in which a position in the classified service is to | 107 |
be filled, shall notify the director of administrative services of | 108 |
the fact, and the director shall, except as otherwise provided in | 109 |
this section and sections 124.30 and 124.31 of the Revised Code, | 110 |
certify to the appointing authority the names and addresses of the | 111 |
ten candidates standing highest on the eligible list for the class | 112 |
or grade to which the position belongs; provided that the director | 113 |
may certify less than ten names if ten names are not available. | 114 |
When less than ten names are certified to an appointing authority, | 115 |
appointment from that list shall not be mandatory. When a | 116 |
position in the classified service in the department of mental | 117 |
health or the department of mental retardation and developmental | 118 |
disabilities is to be filled, the director of administrative | 119 |
services shall make such certification to the appointing authority | 120 |
within seven working days of the date the eligible list is | 121 |
requested. | 122 |
(B) The appointing authority shall notify the director of | 123 |
such position to be filled, and the appointing authority shall | 124 |
fill such position by appointment of one of the ten persons | 125 |
certified by the director. If more than one position is to be | 126 |
filled, the director of administrative services may certify a | 127 |
group of names from the eligible list and the appointing authority | 128 |
shall appoint in the following manner: Beginning at the top of | 129 |
the list, each time a selection is made it must be from one of the | 130 |
first ten candidates remaining on the list who is willing to | 131 |
accept consideration for the position. If an eligible list | 132 |
becomes exhausted, and until a new list can be created, or when no | 133 |
eligible list for such position exists, names may be certified | 134 |
from eligible lists most appropriate for the group or class in | 135 |
which the position to be filled is classified. A person certified | 136 |
from an eligible list more than three times to the same appointing | 137 |
authority for the same or similar positions, may be omitted from | 138 |
future certification to such appointing authority, provided that | 139 |
certification for a temporary appointment shall not be counted as | 140 |
one of such certifications. Every soldier, sailor, marine, coast | 141 |
guarder, member of the auxiliary corps as established by congress, | 142 |
member of the army nurse corps, or navy nurse corps, or red cross | 143 |
nurse who has served in the army, navy, or hospital service of the | 144 |
United States, and such other military service as is designated by | 145 |
congress in the war with Spain, including the Philippine | 146 |
insurrection and the Chinese relief expedition, or from April 21, | 147 |
1898, to July 4, 1902, World War I, World War II, or during the | 148 |
period beginning May 1, 1949, and lasting so long as the armed | 149 |
forces of the United States are engaged in armed conflict or | 150 |
occupation duty, or the selective service or similar conscriptive | 151 |
acts are in effect in the United States, whichever is the later | 152 |
date, who has been honorably discharged or separated under | 153 |
honorable conditions therefrom, who is a resident of this state, | 154 |
and whose name is on the eligible list for a position, shall be | 155 |
entitled to preference in original appointments to any such | 156 |
competitive position in the civil service of the state and the | 157 |
civil divisions thereof, over all persons eligible for such | 158 |
appointments and standing on the list therefor, with a rating | 159 |
equal to that of each such person. Appointments to all positions | 160 |
in the classified service, that are not filled by promotion, | 161 |
transfer, or reduction, as provided in sections 124.01 to 124.64 | 162 |
of the Revised Code and the rules of the director prescribed under | 163 |
those sections, shall be made only from those persons whose names | 164 |
are certified to the appointing authority, and no employment, | 165 |
except as provided in those sections, shall be otherwise given in | 166 |
the classified service of this state or any political subdivision | 167 |
of the state. | 168 |
(C) All original and promotional appointments, including | 169 |
provisional appointments made pursuant to section 124.30 of the | 170 |
Revised Code, shall be for a probationary period, not less than | 171 |
sixty days nor more than one year, to be fixed by the rules of the | 172 |
director, except as provided in section 124.231 of the Revised | 173 |
Code, or except original appointments to a police department as a | 174 |
police officer, or to a fire department as a firefighter which | 175 |
shall be for a probationary period of one year, and no appointment | 176 |
or promotion is final until the appointee has satisfactorily | 177 |
served the probationary period. Service as a provisional employee | 178 |
in the same or similar class shall be included in the probationary | 179 |
period. If the service of the probationary employee is | 180 |
unsatisfactory, the employee may be removed or reduced at any time | 181 |
during the probationary period. If the appointing authority's | 182 |
decision is to remove the appointee, the appointing authority's | 183 |
communication to the director shall indicate the reason for that | 184 |
decision. A probationary employee duly removed or reduced in | 185 |
position for unsatisfactory service does not have the right to | 186 |
appeal the removal or reduction under section 124.34 of the | 187 |
Revised Code. | 188 |
| 189 |
190 | |
191 | |
192 |
Sec. 133.01. As used in this chapter, in sections 9.95, | 193 |
9.96, and 2151.655 of the Revised Code, in other sections of the | 194 |
Revised Code that make reference to this chapter unless the | 195 |
context does not permit, and in related proceedings, unless | 196 |
otherwise expressly provided: | 197 |
(A) "Acquisition" as applied to real or personal property | 198 |
includes, among other forms of acquisition, acquisition by | 199 |
exercise of a purchase option, and acquisition of interests in | 200 |
property, including, without limitation, easements and | 201 |
rights-of-way, and leasehold and other lease interests initially | 202 |
extending or extendable for a period of at least sixty months. | 203 |
(B) "Anticipatory securities" means securities, including | 204 |
notes, issued in anticipation of the issuance of other securities. | 205 |
(C) "Board of elections" means the county board of elections | 206 |
of the county in which the subdivision is located. If the | 207 |
subdivision is located in more than one county, "board of | 208 |
elections" means the county board of elections of the county that | 209 |
contains the largest portion of the population of the subdivision | 210 |
or that otherwise has jurisdiction in practice over and | 211 |
customarily handles election matters relating to the subdivision. | 212 |
(D) "Bond retirement fund" means the bond retirement fund | 213 |
provided for in section 5705.09 of the Revised Code, and also | 214 |
means a sinking fund or any other special fund, regardless of the | 215 |
name applied to it, established by or pursuant to law or the | 216 |
proceedings for the payment of debt charges. Provision may be | 217 |
made in the applicable proceedings for the establishment in a bond | 218 |
retirement fund of separate accounts relating to debt charges on | 219 |
particular securities, or on securities payable from the same or | 220 |
common sources, and for the application of moneys in those | 221 |
accounts only to specified debt charges on specified securities or | 222 |
categories of securities. Subject to law and any provisions in | 223 |
the applicable proceedings, moneys in a bond retirement fund or | 224 |
separate account in a bond retirement fund may be transferred to | 225 |
other funds and accounts. | 226 |
(E) "Capitalized interest" means all or a portion of the | 227 |
interest payable on securities from their date to a date stated or | 228 |
provided for in the applicable legislation, which interest is to | 229 |
be paid from the proceeds of the securities. | 230 |
(F) "Chapter 133. securities" means securities authorized by | 231 |
or issued pursuant to or in accordance with this chapter. | 232 |
(G) "County auditor" means the county auditor of the county | 233 |
in which the subdivision is located. If the subdivision is | 234 |
located in more than one county, "county auditor" means the county | 235 |
auditor of the county that contains the highest amount of the tax | 236 |
valuation of the subdivision or that otherwise has jurisdiction in | 237 |
practice over and customarily handles property tax matters | 238 |
relating to the subdivision. In the case of a county that has | 239 |
adopted a charter, "county auditor" means the officer who | 240 |
generally has the duties and functions provided in the Revised | 241 |
Code for a county auditor. | 242 |
(H) "Credit enhancement facilities" means letters of credit, | 243 |
lines of credit, stand-by, contingent, or firm securities purchase | 244 |
agreements, insurance, or surety arrangements, guarantees, and | 245 |
other arrangements that provide for direct or contingent payment | 246 |
of debt charges, for security or additional security in the event | 247 |
of nonpayment or default in respect of securities, or for making | 248 |
payment of debt charges to and at the option and on demand of | 249 |
securities holders or at the option of the issuer or upon certain | 250 |
conditions occurring under put or similar arrangements, or for | 251 |
otherwise supporting the credit or liquidity of the securities, | 252 |
and includes credit, reimbursement, marketing, remarketing, | 253 |
indexing, carrying, interest rate hedge, and subrogation | 254 |
agreements, and other agreements and arrangements for payment and | 255 |
reimbursement of the person providing the credit enhancement | 256 |
facility and the security for that payment and reimbursement. | 257 |
(I) "Current operating expenses" or "current expenses" means | 258 |
the lawful expenditures of a subdivision, except those for | 259 |
permanent improvements and for payments of debt charges of the | 260 |
subdivision. | 261 |
(J) "Debt charges" means the principal, including any | 262 |
mandatory sinking fund deposits and mandatory redemption payments, | 263 |
interest, and any redemption premium, payable on securities as | 264 |
those payments come due and are payable. The use of "debt | 265 |
charges" for this purpose does not imply that any particular | 266 |
securities constitute debt within the meaning of the Ohio | 267 |
Constitution or other laws. | 268 |
(K) "Financing costs" means all costs and expenses relating | 269 |
to the authorization, including any required election, issuance, | 270 |
sale, delivery, authentication, deposit, custody, clearing, | 271 |
registration, transfer, exchange, fractionalization, replacement, | 272 |
payment, and servicing of securities, including, without | 273 |
limitation, costs and expenses for or relating to publication and | 274 |
printing, postage, delivery, preliminary and final official | 275 |
statements, offering circulars, and informational statements, | 276 |
travel and transportation, underwriters, placement agents, | 277 |
investment bankers, paying agents, registrars, authenticating | 278 |
agents, remarketing agents, custodians, clearing agencies or | 279 |
corporations, securities depositories, financial advisory | 280 |
services, certifications, audits, federal or state regulatory | 281 |
agencies, accounting and computation services, legal services and | 282 |
obtaining approving legal opinions and other legal opinions, | 283 |
credit ratings, redemption premiums, and credit enhancement | 284 |
facilities. Financing costs may be paid from any moneys available | 285 |
for the purpose, including, unless otherwise provided in the | 286 |
proceedings, from the proceeds of the securities to which they | 287 |
relate and, as to future financing costs, from the same sources | 288 |
from which debt charges on the securities are paid and as though | 289 |
debt charges. | 290 |
(L) "Fiscal officer" means the following, or, in the case of | 291 |
absence or vacancy in the office, a deputy or assistant authorized | 292 |
by law or charter to act in the place of the named officer, or if | 293 |
there is no such authorization then the deputy or assistant | 294 |
authorized by legislation to act in the place of the named officer | 295 |
for purposes of this chapter, in the case of the following | 296 |
subdivisions: | 297 |
(1) A county, the county auditor; | 298 |
(2) A municipal corporation, the city auditor or village | 299 |
clerk or clerk-treasurer, or the officer who, by virtue of a | 300 |
charter, has the duties and functions provided in the Revised Code | 301 |
for the city auditor or village clerk or clerk-treasurer; | 302 |
(3) A school district, the treasurer of the board of | 303 |
education; | 304 |
(4) A regional water and sewer district, the secretary of | 305 |
the board of trustees; | 306 |
(5) A joint township hospital district, the treasurer of the | 307 |
district; | 308 |
(6) A joint ambulance district, the clerk of the board of | 309 |
trustees; | 310 |
(7) A joint recreation district, the person designated | 311 |
pursuant to section 755.15 of the Revised Code; | 312 |
(8) A detention facility district or a district organized | 313 |
under section 2151.65 of the Revised Code or a combined district | 314 |
organized under sections 2152.41 and 2151.65 of the Revised Code, | 315 |
the county auditor of the county designated by law to act as the | 316 |
auditor of the district; | 317 |
(9) A township, a fire district organized under division (C) | 318 |
of section 505.37 of the Revised Code, or a township police | 319 |
district, the clerk of the township; | 320 |
(10) A joint fire district, the clerk of the board of | 321 |
trustees of that district; | 322 |
(11) A regional or county library district, the person | 323 |
responsible for the financial affairs of that district; | 324 |
(12) A joint solid waste management district, the fiscal | 325 |
officer appointed by the board of directors of the district under | 326 |
section 343.01 of the Revised Code; | 327 |
(13) A joint emergency medical services district, the person | 328 |
appointed as fiscal officer pursuant to division (D) of section | 329 |
307.053 of the Revised Code; | 330 |
(14) A fire and ambulance district, the person appointed as | 331 |
fiscal officer under division (B) of section 505.375 of the | 332 |
Revised Code; | 333 |
(15) A subdivision described in division (MM) | 334 |
this section, the officer who is designated by law as or performs | 335 |
the functions of its chief fiscal officer. | 336 |
(M) "Fiscal year" has the same meaning as in section 9.34 of | 337 |
the Revised Code. | 338 |
(N) "Fractionalized interests in public obligations" means | 339 |
participations, certificates of participation, shares, or other | 340 |
instruments or agreements, separate from the public obligations | 341 |
themselves, evidencing ownership of interests in public | 342 |
obligations or of rights to receive payments of, or on account of, | 343 |
principal or interest or their equivalents payable by or on behalf | 344 |
of an obligor pursuant to public obligations. | 345 |
(O) "Fully registered securities" means securities in | 346 |
certificated or uncertificated form, registered as to both | 347 |
principal and interest in the name of the owner. | 348 |
(P) "Fund" means to provide for the payment of debt charges | 349 |
and expenses related to that payment at or prior to retirement by | 350 |
purchase, call for redemption, payment at maturity, or otherwise. | 351 |
(Q) "General obligation" means securities to the payment of | 352 |
debt charges on which the full faith and credit and the general | 353 |
property taxing power, including taxes within the tax limitation | 354 |
if available to the subdivision, of the subdivision are pledged. | 355 |
(R) "Interest" or "interest equivalent" means those payments | 356 |
or portions of payments, however denominated, that constitute or | 357 |
represent consideration for forbearing the collection of money, or | 358 |
for deferring the receipt of payment of money to a future time. | 359 |
(S) "Internal Revenue Code" means the "Internal Revenue Code | 360 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and | 361 |
includes any laws of the United States providing for application | 362 |
of that code. | 363 |
(T) "Issuer" means any public issuer and any nonprofit | 364 |
corporation authorized to issue securities for or on behalf of any | 365 |
public issuer. | 366 |
(U) "Legislation" means an ordinance or resolution passed by | 367 |
a majority affirmative vote of the then members of the taxing | 368 |
authority unless a different vote is required by charter | 369 |
provisions governing the passage of the particular legislation by | 370 |
the taxing authority. | 371 |
(V) "Mandatory sinking fund redemption requirements" means | 372 |
amounts required by proceedings to be deposited in a bond | 373 |
retirement fund for the purpose of paying in any year or fiscal | 374 |
year by mandatory redemption prior to stated maturity the | 375 |
principal of securities that is due and payable, except for | 376 |
mandatory prior redemption requirements as provided in those | 377 |
proceedings, in a subsequent year or fiscal year. | 378 |
(W) "Mandatory sinking fund requirements" means amounts | 379 |
required by proceedings to be deposited in a year or fiscal year | 380 |
in a bond retirement fund for the purpose of paying the principal | 381 |
of securities that is due and payable in a subsequent year or | 382 |
fiscal year. | 383 |
(X) "Net indebtedness" has the same meaning as in division | 384 |
(A) of section 133.04 of the Revised Code. | 385 |
(Y) "Obligor," in the case of securities or fractionalized | 386 |
interests in public obligations issued by another person the debt | 387 |
charges or their equivalents on which are payable from payments | 388 |
made by a public issuer, means that public issuer. | 389 |
(Z) "One purpose" relating to permanent improvements means | 390 |
any one permanent improvement or group or category of permanent | 391 |
improvements for the same utility, enterprise, system, or project, | 392 |
development or redevelopment project, or for or devoted to the | 393 |
same general purpose, function, or use or for which | 394 |
self-supporting securities, based on the same or different sources | 395 |
of revenues, may be issued or for which special assessments may be | 396 |
levied by a single ordinance or resolution. "One purpose" | 397 |
includes, but is not limited to, in any case any off-street | 398 |
parking facilities relating to another permanent improvement, and: | 399 |
(1) Any number of roads, highways, streets, bridges, | 400 |
sidewalks, and viaducts; | 401 |
(2) Any number of off-street parking facilities; | 402 |
(3) In the case of a county, any number of permanent | 403 |
improvements for courthouse, jail, county offices, and other | 404 |
county buildings, and related facilities; | 405 |
(4) In the case of a school district, any number of | 406 |
facilities and buildings for school district purposes, and related | 407 |
facilities. | 408 |
(AA) "Outstanding," referring to securities, means | 409 |
securities that have been issued, delivered, and paid for, except | 410 |
any of the following: | 411 |
(1) Securities canceled upon surrender, exchange, or | 412 |
transfer, or upon payment or redemption; | 413 |
(2) Securities in replacement of which or in exchange for | 414 |
which other securities have been issued; | 415 |
(3) Securities for the payment, or redemption or purchase | 416 |
for cancellation prior to maturity, of which sufficient moneys or | 417 |
investments, in accordance with the applicable legislation or | 418 |
other proceedings or any applicable law, by mandatory sinking fund | 419 |
redemption requirements, mandatory sinking fund requirements, or | 420 |
otherwise, have been deposited, and credited for the purpose in a | 421 |
bond retirement fund or with a trustee or paying or escrow agent, | 422 |
whether at or prior to their maturity or redemption, and, in the | 423 |
case of securities to be redeemed prior to their stated maturity, | 424 |
notice of redemption has been given or satisfactory arrangements | 425 |
have been made for giving notice of that redemption, or waiver of | 426 |
that notice by or on behalf of the affected security holders has | 427 |
been filed with the subdivision or its agent for the purpose. | 428 |
(BB) "Paying agent" means the one or more banks, trust | 429 |
companies, or other financial institutions or qualified persons, | 430 |
including an appropriate office or officer of the subdivision, | 431 |
designated as a paying agent or place of payment of debt charges | 432 |
on the particular securities. | 433 |
(CC) "Permanent improvement" or "improvement" means any | 434 |
property, asset, or improvement certified by the fiscal officer, | 435 |
which certification is conclusive, as having an estimated life or | 436 |
period of usefulness of five years or more, and includes, but is | 437 |
not limited to, real estate, buildings, and personal property and | 438 |
interests in real estate, buildings, and personal property, | 439 |
equipment, furnishings, and site improvements, and reconstruction, | 440 |
rehabilitation, renovation, installation, improvement, | 441 |
enlargement, and extension of property, assets, or improvements so | 442 |
certified as having an estimated life or period of usefulness of | 443 |
five years or more. The acquisition of all the stock ownership of | 444 |
a corporation is the acquisition of a permanent improvement to the | 445 |
extent that the value of that stock is represented by permanent | 446 |
improvements. A permanent improvement for parking, highway, road, | 447 |
and street purposes includes resurfacing, but does not include | 448 |
ordinary repair. | 449 |
(DD) "Person" has the same meaning as in section 1.59 of the | 450 |
Revised Code and also includes any federal, state, interstate, | 451 |
regional, or local governmental agency, any subdivision, and any | 452 |
combination of those persons. | 453 |
(EE) "Proceedings" means the legislation, certifications, | 454 |
notices, orders, sale proceedings, trust agreement or indenture, | 455 |
mortgage, lease, lease-purchase agreement, assignment, credit | 456 |
enhancement facility agreements, and other agreements, | 457 |
instruments, and documents, as amended and supplemented, and any | 458 |
election proceedings, authorizing, or providing for the terms and | 459 |
conditions applicable to, or providing for the security or sale or | 460 |
award of, public obligations, and includes the provisions set | 461 |
forth or incorporated in those public obligations and proceedings. | 462 |
(FF) "Public issuer" means any of the following that is | 463 |
authorized by law to issue securities or enter into public | 464 |
obligations: | 465 |
(1) The state, including an agency, commission, officer, | 466 |
institution, board, authority, or other instrumentality of the | 467 |
state; | 468 |
(2) A taxing authority, subdivision, district, or other | 469 |
local public or governmental entity, and any combination or | 470 |
consortium, or public division, district, commission, authority, | 471 |
department, board, officer, or institution, thereof; | 472 |
(3) Any other body corporate and politic, or other public | 473 |
entity. | 474 |
(GG) "Public obligations" means both of the following: | 475 |
(1) Securities; | 476 |
(2) Obligations of a public issuer to make payments under | 477 |
installment sale, lease, lease purchase, or similar agreements, | 478 |
which obligations bear interest or interest equivalent. | 479 |
(HH) "Refund" means to fund and retire outstanding | 480 |
securities, including advance refunding with or without payment or | 481 |
redemption prior to maturity. | 482 |
(II) "Register" means the books kept and maintained by the | 483 |
registrar for registration, exchange, and transfer of registered | 484 |
securities. | 485 |
(JJ) "Registrar" means the person responsible for keeping | 486 |
the register for the particular registered securities, designated | 487 |
by or pursuant to the proceedings. | 488 |
(KK) "Securities" means bonds, notes, certificates of | 489 |
indebtedness, commercial paper, and other instruments in writing, | 490 |
including, unless the context does not admit, anticipatory | 491 |
securities, issued by an issuer to evidence its obligation to | 492 |
repay money borrowed, or to pay interest, by, or to pay at any | 493 |
future time other money obligations of, the issuer of the | 494 |
securities, but not including public obligations described in | 495 |
division (GG)(2) of this section. | 496 |
(LL) "Self-supporting securities" means securities or | 497 |
portions of securities issued for the purpose of paying costs of | 498 |
permanent improvements to the extent that receipts of the | 499 |
subdivision, other than the proceeds of taxes levied by that | 500 |
subdivision, derived from or with respect to the improvements or | 501 |
the operation of the improvements being financed, or the | 502 |
enterprise, system, project, or category of improvements of which | 503 |
the improvements being financed are part, are estimated by the | 504 |
fiscal officer to be sufficient to pay the current expenses of | 505 |
that operation or of those improvements or enterprise, system, | 506 |
project, or categories of improvements and the debt charges | 507 |
payable from those receipts on securities issued for the purpose. | 508 |
Until such time as the improvements or increases in rates and | 509 |
charges have been in operation or effect for a period of at least | 510 |
six months, the receipts therefrom, for purposes of this | 511 |
definition, shall be those estimated by the fiscal officer, except | 512 |
that those receipts may include, without limitation, payments made | 513 |
and to be made to the subdivision under leases or agreements in | 514 |
effect at the time the estimate is made. In the case of an | 515 |
operation, improvements, or enterprise, system, project, or | 516 |
category of improvements without at least a six-month history of | 517 |
receipts, the estimate of receipts by the fiscal officer, other | 518 |
than those to be derived under leases and agreements then in | 519 |
effect, shall be confirmed by the taxing authority. | 520 |
(MM) "Subdivision" means any of the following: | 521 |
(1) A county, including a county that has adopted a charter | 522 |
under Article X, Ohio Constitution; | 523 |
(2) A municipal corporation, including a municipal | 524 |
corporation that has adopted a charter under Article XVIII, Ohio | 525 |
Constitution; | 526 |
(3) A school district; | 527 |
(4) A regional water and sewer district organized under | 528 |
Chapter 6119. of the Revised Code; | 529 |
(5) A joint township hospital district organized under | 530 |
section 513.07 of the Revised Code; | 531 |
(6) A joint ambulance district organized under section | 532 |
505.71 of the Revised Code; | 533 |
(7) A joint recreation district organized under division (C) | 534 |
of section 755.14 of the Revised Code; | 535 |
(8) A detention facility district organized under section | 536 |
2152.41, a district organized under section 2151.65, or a combined | 537 |
district organized under sections 2152.41 and 2151.65 of the | 538 |
Revised Code; | 539 |
(9) A township police district organized under section | 540 |
505.48 of the Revised Code; | 541 |
(10) A township; | 542 |
(11) A joint fire district organized under section 505.371 | 543 |
of the Revised Code; | 544 |
(12) A county library district created under section 3375.19 | 545 |
or a regional library district created under section 3375.28 of | 546 |
the Revised Code; | 547 |
(13) A joint solid waste management district organized under | 548 |
section 343.01 or 343.012 of the Revised Code; | 549 |
(14) A joint emergency medical services district organized | 550 |
under section 307.052 of the Revised Code; | 551 |
(15) A fire and ambulance district organized under section | 552 |
505.375 of the Revised Code; | 553 |
(16) A fire district organized under division (C) of section | 554 |
505.37 of the Revised Code; | 555 |
(17) Any other political subdivision or taxing district or | 556 |
other local public body or agency authorized by this chapter or | 557 |
other laws to issue Chapter 133. securities. | 558 |
(NN) "Taxing authority" means in the case of the following | 559 |
subdivisions: | 560 |
(1) A county, a county library district, or a regional | 561 |
library district, the board or boards of county commissioners, or | 562 |
other legislative authority of a county that has adopted a charter | 563 |
under Article X, Ohio Constitution, but with respect to such a | 564 |
library district acting solely as agent for the board of trustees | 565 |
of that district; | 566 |
(2) A municipal corporation, the legislative authority; | 567 |
(3) A school district, the board of education; | 568 |
(4) A regional water and sewer district, a joint ambulance | 569 |
district, a joint recreation district, a fire and ambulance | 570 |
district, or a joint fire district, the board of trustees of the | 571 |
district; | 572 |
(5) A joint township hospital district, the joint township | 573 |
hospital board; | 574 |
(6) A detention facility district or a district organized | 575 |
under section 2151.65 of the Revised Code, a combined district | 576 |
organized under sections 2152.41 and 2151.65 of the Revised Code, | 577 |
or a joint emergency medical services district, the joint board of | 578 |
county commissioners; | 579 |
(7) A township, a fire district organized under division (C) | 580 |
of section 505.37 of the Revised Code, or a township police | 581 |
district, the board of township trustees; | 582 |
(8) A joint solid waste management district organized under | 583 |
section 343.01 or 343.012 of the Revised Code, the board of | 584 |
directors of the district; | 585 |
(9) A subdivision described in division (MM) | 586 |
section, the legislative or governing body or official. | 587 |
(OO) "Tax limitation" means the "ten-mill limitation" as | 588 |
defined in section 5705.02 of the Revised Code without diminution | 589 |
by reason of section 5705.313 of the Revised Code or otherwise, | 590 |
or, in the case of a municipal corporation or county with a | 591 |
different charter limitation on property taxes levied to pay debt | 592 |
charges on unvoted securities, that charter limitation. Those | 593 |
limitations shall be respectively referred to as the "ten-mill | 594 |
limitation" and the "charter tax limitation." | 595 |
(PP) "Tax valuation" means the aggregate of the valuations | 596 |
of property subject to ad valorem property taxation by the | 597 |
subdivision on the real property, personal property, and public | 598 |
utility property tax lists and duplicates most recently certified | 599 |
for collection, and shall be calculated without deductions of the | 600 |
valuations of otherwise taxable property exempt in whole or in | 601 |
part from taxation by reason of exemptions of certain amounts of | 602 |
taxable value under division (C) of section 5709.01 or section | 603 |
323.152 of the Revised Code, or similar laws now or in the future | 604 |
in effect. | 605 |
(QQ) "Year" means the calendar year. | 606 |
(RR) "Interest rate hedge" means any arrangement by which | 607 |
either: | 608 |
(1) The different interest costs or receipts at fixed | 609 |
interest rates and at floating interest rates, or at different | 610 |
maturities, are exchanged on stated amounts of bonds or | 611 |
investments, or on notional amounts; | 612 |
(2) A party will pay interest costs in excess of an agreed | 613 |
limitation. | 614 |
(SS) "Administrative agent," "agent," "commercial paper," | 615 |
"floating rate interest structure," "indexing agent," "interest | 616 |
rate period," "put arrangement," and "remarketing agent" have the | 617 |
same meanings as in section 9.98 of the Revised Code. | 618 |
(TT) "Sales tax supported" means obligations to the payment | 619 |
of debt charges on which an additional sales tax or additional | 620 |
sales taxes have been pledged by the taxing authority of a county | 621 |
pursuant to section 133.081 of the Revised Code. | 622 |
Sec. 505.10. The board of township trustees may accept, on | 623 |
behalf of the township, the donation by bequest, devise, deed of | 624 |
gift, or otherwise, of any real or personal property for any | 625 |
township use. When the township has property, including motor | 626 |
vehicles, road machinery, equipment, and tools, which the board, | 627 |
by resolution, finds it does not need
for public use,
| 628 |
obsolete, or
| 629 |
acquired, the board may sell and convey that property or | 630 |
otherwise dispose of it in accordance with this section. Except | 631 |
as
otherwise
provided
in
sections
505.08
| 632 |
505.102 of the Revised Code, the sale or other disposition of | 633 |
unneeded, obsolete, or unfit property shall be made in accordance | 634 |
with one of the following: | 635 |
(A)(1) If the fair market value of property to be sold is, | 636 |
in the opinion of the board, in excess of two thousand five | 637 |
hundred dollars, the sale shall be by public auction, and the | 638 |
board shall publish notice of the time, place, and manner of the | 639 |
sale once a week for three weeks in a newspaper published, or of | 640 |
general circulation, in the township, the last of those | 641 |
publications to be at least five days before the date of sale, and | 642 |
shall post a typewritten or printed notice of the time, place, and | 643 |
manner of the sale in the office of the board for at least ten | 644 |
days prior to the sale. | 645 |
(2) If the fair market value of property to be sold is, in | 646 |
the opinion of the board, two thousand five hundred dollars or | 647 |
less, the board may sell the property by private sale, without | 648 |
advertisement or public notification. | 649 |
(3) If the board finds, by resolution, that the township has | 650 |
motor vehicles, road machinery, equipment, or tools which are not | 651 |
needed | 652 |
the motor vehicles, road machinery, equipment, or tools to the | 653 |
person or firm from which it proposes to purchase other motor | 654 |
vehicles, road machinery, equipment, or tools, the board may offer | 655 |
to sell the motor vehicles, road machinery, equipment, or tools to | 656 |
that person or firm, and to have the selling price credited to | 657 |
the person or firm against the purchase price of other motor | 658 |
vehicles, road machinery, equipment, or tools. | 659 |
(4) If the board advertises for bids for the sale of new | 660 |
motor vehicles, road machinery, equipment, or tools to the | 661 |
township, it may include in the same advertisement a notice of the | 662 |
willingness of the board to accept bids for the purchase of | 663 |
township-owned motor vehicles, road machinery, equipment, or tools | 664 |
which are obsolete or not needed for public use, and to have the | 665 |
amount of those bids subtracted from the selling price of the new | 666 |
motor vehicles, road machinery, equipment, or tools, as a means of | 667 |
determining the lowest responsible bidder. | 668 |
(5) When a township has title to real property, the board of | 669 |
township trustees, by resolution, may authorize the transfer and | 670 |
conveyance of that property to any other political subdivision of | 671 |
the state upon such terms as are agreed to between the board and | 672 |
the legislative authority of that political subdivision. | 673 |
(6) When a township has title to real property and the board | 674 |
of township trustees wishes to sell or otherwise transfer the | 675 |
property, the board, upon a unanimous vote of its members and by | 676 |
resolution, may authorize the transfer and conveyance of that real | 677 |
property to any person upon whatever terms are agreed to between | 678 |
the board and that person. | 679 |
(7) If the board of township trustees determines that | 680 |
township personal property is not needed for public use, or is | 681 |
obsolete or unfit for the use for which it was acquired, and that | 682 |
the property has no value, the board may discard or salvage that | 683 |
property. | 684 |
(B) When the board has offered property at public auction | 685 |
under this section and has not received an acceptable offer, the | 686 |
board, by resolution, may enter into a contract, without | 687 |
advertising or bidding, for the sale of that property. The | 688 |
resolution shall specify a minimum acceptable price and the | 689 |
minimum acceptable terms for the contract. The minimum acceptable | 690 |
price shall not be lower than the minimum price established for | 691 |
the public auction. | 692 |
(C) Notwithstanding anything to the contrary in division (A) | 693 |
or (B) of this section and regardless of the property's value, the | 694 |
board of township trustees may sell personal property, including | 695 |
motor vehicles, road machinery, equipment, tools, or supplies, | 696 |
which is not needed for public use, or is obsolete or unfit for | 697 |
the use for which it was acquired, by internet auction. The board | 698 |
shall adopt, during each calendar year, a resolution expressing | 699 |
its intent to sell that property by internet auction. The | 700 |
resolution shall include a description of how the auctions will be | 701 |
conducted and shall specify the number of days for bidding on the | 702 |
property, which shall be no less than fifteen days, including | 703 |
Saturdays, Sundays, and legal holidays. The resolution shall | 704 |
indicate whether the township will conduct the auction or the | 705 |
board will contract with a representative to conduct the auction | 706 |
and shall establish the general terms and conditions of sale. If | 707 |
a representative is known when the resolution is adopted, the | 708 |
resolution shall provide contact information such as the | 709 |
representative's name, address, and telephone number. | 710 |
After adoption of the resolution, the board shall publish, in | 711 |
a newspaper of general circulation in the township, notice of its | 712 |
intent to sell unneeded, obsolete, or unfit township personal | 713 |
property by internet auction. The notice shall include a summary | 714 |
of the information provided in the resolution and shall be | 715 |
published at least twice. The second and any subsequent notice | 716 |
shall be published not less than ten nor more than twenty days | 717 |
after the previous notice. A clerk also shall post a similar | 718 |
notice throughout the calendar year in a conspicuous place in the | 719 |
board's office, and, if the township maintains a website on the | 720 |
internet, the notice shall be posted continually throughout the | 721 |
calendar year at that website. | 722 |
When property is to be sold by internet auction, the board or | 723 |
its representative may establish a minimum price that will be | 724 |
accepted for specific items and may establish any other terms and | 725 |
conditions for the particular sale, including requirements for | 726 |
pick-up or delivery, method of payment, and sales tax. This type | 727 |
of information shall be provided on the internet at the time of | 728 |
the auction and may be provided before that time upon request | 729 |
after the terms and conditions have been determined by the board | 730 |
or its representative. | 731 |
As used in this section, "internet" means the international | 732 |
computer network of both federal and nonfederal interoperable | 733 |
packet switched data networks, including the graphical subnetwork | 734 |
called the world wide web. | 735 |
Sec. 505.401. Pursuant to Chapter 133. of the Revised Code, | 736 |
the board of trustees of a fire district organized under division | 737 |
(C) of section 505.37 of the Revised Code may issue bonds for the | 738 |
purpose of acquiring fire-fighting equipment, buildings, and sites | 739 |
for the district or for the purpose of constructing or improving | 740 |
buildings to house fire-fighting equipment. | 741 |
Sec. 505.82. (A) If a board of township trustees by a | 742 |
unanimous vote or, in the event of the unavoidable absence of one | 743 |
trustee, by an affirmative vote of two trustees adopts a | 744 |
resolution declaring that an emergency exists that threatens life | 745 |
or property within the unincorporated territory of the township or | 746 |
that such an emergency is imminent, the board may exercise the | 747 |
748 | |
this section during the emergency
| 749 |
time not exceeding six months following the adoption of the | 750 |
resolution | 751 |
for which the emergency powers are in effect. | 752 |
(1) If an owner of an undedicated road or stream bank in the | 753 |
unincorporated territory of the township has not provided for the | 754 |
removal of snow, ice, debris, or other obstructions from the road | 755 |
or bank, the board may provide for that removal. Prior to | 756 |
providing for
the
removal, the board
| 757 |
give, or make a good faith attempt to give, oral notice to the | 758 |
owner
or owners of
the road or bank of
the
| 759 |
intent to clear the road or bank and to impose a service charge | 760 |
for doing so. The board shall establish just and equitable | 761 |
service charges for the removal to be paid, except as provided in | 762 |
division (B) of this section, by the owners of the road or bank. | 763 |
764 |
The board shall keep a record of the costs incurred by the | 765 |
township in removing snow, ice, debris, or other obstructions from | 766 |
the road or bank. The service charges shall be based on these | 767 |
costs and shall be in an amount sufficient to recover these costs. | 768 |
If there is more than one owner of the road or bank, the board, | 769 |
except as provided in division (B) of this section, shall allocate | 770 |
the service charges among the owners on an equitable basis. The | 771 |
board shall notify, in writing, each owner of the road or bank of | 772 |
the amount of the service
| 773 |
charges to the county auditor. The service charges shall | 774 |
constitute a lien upon the property. The auditor shall place the | 775 |
service charges on a special duplicate to be collected as other | 776 |
taxes and returned to the township general fund. | 777 |
(2)
| 778 |
acquisition, replacement, or repair of equipment needed for the | 779 |
emergency situation, without following the competitive bidding | 780 |
requirements of section 5549.21 or any other section of the | 781 |
Revised Code. | 782 |
(B) In lieu of collecting service charges from owners for the | 783 |
removal of snow or ice from an undedicated road by the board of | 784 |
township trustees as provided in division (A)(1) of this section, | 785 |
the board may enter into a contract with a developer whereby the | 786 |
developer agrees to pay the service charges for the snow and ice | 787 |
removal instead of the owners. | 788 |
(C) The removal of snow, ice, debris, or other obstructions | 789 |
from an undedicated road by a board of township trustees acting | 790 |
pursuant to a resolution adopted under division (A) of this | 791 |
section does not constitute approval or acceptance of the | 792 |
undedicated road. | 793 |
| 794 |
road that has not been approved and accepted by the board of | 795 |
county commissioners and is not a part of the state, county, or | 796 |
township road systems as provided in section 5535.01 of the | 797 |
Revised Code. | 798 |
| 799 |
the requirement under section 1517.16 of the Revised Code that | 800 |
approval of plans be obtained from the director of natural | 801 |
resources or the director's representative prior to modifying or | 802 |
causing the modification of the channel of any watercourse in a | 803 |
wild, scenic, or recreational river area outside the limits of a | 804 |
municipal corporation. | 805 |
Sec. 507.11. (A) The board of township trustees may | 806 |
authorize, by resolution,
| 807 |
employees to incur obligations of
| 808 |
809 | |
authorize, by resolution, the township administrator to so | 810 |
authorize township officers and employees. The obligations | 811 |
incurred on behalf of the township by a township officer or | 812 |
employee acting pursuant to any such resolution shall be | 813 |
subsequently approved by the adoption of a formal resolution of | 814 |
the board of township trustees. | 815 |
(B) No money belonging to the township shall be paid out, | 816 |
except upon an
order
| 817 |
township trustees, and countersigned by the township clerk. | 818 |
Sec. 517.15. | 819 |
820 | |
821 | |
822 | |
823 | |
permanent cemetery endowment fund for the purpose of maintaining, | 824 |
improving, and beautifying township cemeteries and burial lots in | 825 |
township cemeteries. The fund shall consist of money arising from | 826 |
the following sources: | 827 |
(A) Gifts, devises, or bequests received for the purpose of | 828 |
maintaining, improving, or beautifying township cemeteries; | 829 |
(B) Charges added to the price regularly charged for burial | 830 |
lots for the purpose of maintaining, improving, or beautifying | 831 |
township cemeteries; | 832 |
(C) Contributions of money from the township general fund; | 833 |
(D) An individual agreement with the purchaser of a burial | 834 |
lot providing that a part of the purchase price is to be applied | 835 |
to the purpose of maintaining, improving, or beautifying any | 836 |
burial lot designated and named by the purchaser; | 837 |
(E) Individual gifts, devises, or bequests made for the
| 838 |
maintenance, improvement, and
| 839 |
burial lot designated and named
by the person making
| 840 |
gift, devise, or bequest | 841 |
842 |
Sec. 5543.10. (A) The county engineer, upon the order of | 843 |
the board of county commissioners or board of township trustees, | 844 |
shall construct sidewalks, curbs, or gutters of suitable | 845 |
materials, along or connecting the public highways, outside any | 846 |
municipal corporation, upon the petition of a majority of the | 847 |
abutting
property
owners | 848 |
of
| 849 |
township, or by the county or township and abutting property | 850 |
owners in such proportion as determined by the board of county | 851 |
commissioners or board of township trustees. The board of county | 852 |
commissioners or board of township trustees may assess part or all | 853 |
of the cost of
| 854 |
abutting property owners, in proportion to benefits accruing to | 855 |
856 |
The board of county commissioners or board of township | 857 |
trustees
| 858 |
repair, or maintenance of sidewalks, curbs, and gutters along or | 859 |
connecting the public highways, outside a municipal corporation, | 860 |
without a petition
| 861 |
maintenance, and may assess none, all, or any part of the cost | 862 |
against abutting property owners, provided that notice is given by | 863 |
publication for three successive weeks in a newspaper of general | 864 |
circulation
within the
county | 865 |
of county commissioners or board of township trustees to | 866 |
construct, repair, or maintain
| 867 |
improvements and fixing
a date for
a hearing on
| 868 |
them.
As part of
| 869 |
board may include the repair or reconstruction of a driveway | 870 |
within the sidewalk easement. As part of a curb improvement, the | 871 |
board may include construction or repair of a driveway apron. | 872 |
Notice to all abutting property owners shall be given by two | 873 |
publications in a
newspaper of general circulation in
| 874 |
county, at least ten days prior to the date fixed in the notice | 875 |
for the making of
| 876 |
the time and place when abutting property owners will be given an | 877 |
opportunity to be heard with reference to assessments | 878 |
The board of county commissioners or board of township trustees | 879 |
shall determine
whether
| 880 |
more installments. | 881 |
(B) The county engineer may trim or remove any and all | 882 |
trees, shrubs, and other vegetation growing in or encroaching onto | 883 |
the right-of-way of the easement of a public sidewalk along or | 884 |
connecting the public highways and maintained by the county, and | 885 |
the board of township trustees may trim or remove any and all | 886 |
trees, shrubs, and other vegetation growing in or encroaching onto | 887 |
the right-of-way of the easement of a public sidewalk along or | 888 |
connecting the public highways and maintained by the township, as | 889 |
is necessary in the engineer's or board's judgment to facilitate | 890 |
the right of the public to improvement and maintenance of, and | 891 |
uninterrupted travel on, public sidewalks in the county or | 892 |
township. | 893 |
Sec. 5571.14. | 894 |
trustees or township highway superintendent may determine that an | 895 |
object bounding any
| 896 |
wholly or in part
on the land belonging to
| 897 |
898 | |
maintenance of, or the proper grading, draining, or dragging of | 899 |
900 | |
or in any other manner obstructs or endangers the public travel of | 901 |
902 | |
superintendent then may declare
| 903 |
public nuisance and order the owner, agent, or occupant of the | 904 |
905 | |
maintained | 906 |
907 | |
order, the board
or
superintendent shall have the
| 908 |
removed | 909 |
certified to the county auditor and entered on the tax duplicate | 910 |
against
| 911 |
other taxes. | 912 |
(B)(1) The authority granted in this section is in addition | 913 |
to the authority granted in section 5543.14 of the Revised Code to | 914 |
remove vegetation and the authority granted in section 5547.03 of | 915 |
the Revised Code to remove objects or structures constituting | 916 |
obstructions. | 917 |
(2) The authority granted in this section applies to land | 918 |
belonging to a township road whether owned in fee simple or by | 919 |
easement. | 920 |
(3) Objects that may be declared to be a public nuisance | 921 |
under this section include a fence, post, pole, athletic or | 922 |
recreational apparatus, rock, or berm, any vegetation, or any | 923 |
other object identified by the board or superintendent as | 924 |
interfering with or obstructing the township road under division | 925 |
(A) of this section. | 926 |
(C) The authority granted in this section does not apply to | 927 |
an object that is lawfully entitled to be maintained on land | 928 |
belonging to a township road pursuant to a franchise or other | 929 |
grant of public authority. | 930 |
Sec. 5571.16. The board of township trustees, by resolution, | 931 |
may require any person to obtain a permit before installing a | 932 |
driveway culvert or making any
excavation in
a
| 933 |
highway or highway right-of-way within its jurisdiction, except an | 934 |
excavation to repair, rehabilitate, or replace a pole already | 935 |
installed for the purpose of providing electric or | 936 |
telecommunications service. The board
| 937 |
granting of
| 938 |
(A) Require the applicant to submit plans indicating the | 939 |
location, size, type, and duration of the culvert or excavation | 940 |
contemplated; | 941 |
(B) Specify methods of excavation, refilling, and | 942 |
resurfacing to be followed; | 943 |
(C) Require the use of
| 944 |
considers necessary to protect travelers on the highway; | 945 |
(D) Require the applicant to indemnify the township against | 946 |
liability or
damage as the result of
| 947 |
culvert or as a result of the excavation; | 948 |
(E) Require the applicant to post a deposit or bond, with | 949 |
sureties to the satisfaction of the board, conditioned upon the | 950 |
performance of all conditions
| 951 |
Applications for permits under this section shall be made to | 952 |
the township clerk upon forms to be
furnished by the board.
| 953 |
954 | |
application for an excavation project to install six or more poles | 955 |
for the purpose of providing electric or telecommunications | 956 |
service or to install a pole associated with underground electric | 957 |
or telecommunications service, shall be accompanied by a fee of | 958 |
fifty dollars per application, which fee shall be returned to the | 959 |
applicant if the application is denied. Except as otherwise | 960 |
provided in this section, no application or fee shall be required | 961 |
for an excavation project to install five or fewer poles for the | 962 |
purpose of providing electric or telecommunications service, but | 963 |
the person making that excavation shall provide verifiable notice | 964 |
of the excavation to the township clerk at least three business | 965 |
days prior to the date of the excavation. | 966 |
No person shall install a driveway culvert or make an | 967 |
excavation in any township highway or highway right-of-way in | 968 |
violation
of any resolution adopted
pursuant to this section | 969 |
except that, in the case of an emergency requiring immediate | 970 |
action to protect the public health, safety, and welfare, an | 971 |
excavation may be made without first obtaining a
permit, if
| 972 |
an application is made at the earliest possible opportunity. | 973 |
As used in this section, "person" has the same meaning as in | 974 |
section 1.59 of the Revised Code, and "right-of-way" has the same | 975 |
meaning as in division (UU)(2) of section 4511.01 of the Revised | 976 |
Code. | 977 |
Sec. 5705.13. (A) A taxing authority of a subdivision, by | 978 |
resolution or ordinance, may
establish
| 979 |
accounts to accumulate currently available
resources for
| 980 |
the following purposes: | 981 |
(1) To stabilize subdivision budgets against cyclical | 982 |
changes in revenues and expenditures; | 983 |
(2) Except as otherwise provided by this section, to provide | 984 |
for the payment of claims under a self-insurance program for the | 985 |
subdivision, if the subdivision is permitted by law to establish | 986 |
such a program; | 987 |
(3) To provide for the payment of claims under a | 988 |
retrospective ratings plan for workers' compensation. | 989 |
The ordinance or resolution establishing a reserve balance | 990 |
account shall
state the purpose for which the
| 991 |
account is established, the fund in which the account is to be | 992 |
established, and the total amount of money to be reserved in the | 993 |
account. | 994 |
A subdivision that participates in a risk-sharing pool, by | 995 |
which governments pool risks and funds and share in the costs of | 996 |
losses, shall not establish a reserve balance account to provide | 997 |
self-insurance for the subdivision. | 998 |
| 999 |
1000 | |
reserve balance account may be established for each of the | 1001 |
purposes permitted under divisions (A)(2) and (3) of this section. | 1002 |
Money to the credit of a reserve balance account may be expended | 1003 |
only for the purpose for which the account was established. | 1004 |
A reserve balance account established for the purpose | 1005 |
described in
division (A)(1) of this section
| 1006 |
established in the general fund or in one or more special funds | 1007 |
for operating purposes of
the subdivision | 1008 |
money to
be reserved in
| 1009 |
shall not exceed
five per
cent of the
| 1010 |
credited in the preceding fiscal year to the fund in which the | 1011 |
account is established. Subject to division (G) of section 5705.29 | 1012 |
of the Revised Code, any reserve balance in an account established | 1013 |
under division (A)(1) of this section shall not be considered part | 1014 |
of the unencumbered balance or revenue of the subdivision under | 1015 |
division (A) of section 5705.35 or division (A)(1) of section | 1016 |
5705.36 of the Revised Code. | 1017 |
At any time, a taxing authority of a subdivision, by | 1018 |
resolution or ordinance, may reduce or eliminate the reserve | 1019 |
balance in a reserve balance account established for the purpose | 1020 |
described in division (A)(1) of this section. | 1021 |
A reserve balance account established for the purpose | 1022 |
described in division (A)(2) or (3) of this section shall be | 1023 |
established in the general fund of the subdivision or by the | 1024 |
establishment of a separate internal service fund established to | 1025 |
account for the operation of the self-insurance or retrospective | 1026 |
ratings plan program, and shall be based on sound actuarial | 1027 |
principles. The total amount of money in a reserve balance | 1028 |
account for self-insurance may be expressed in dollars or as the | 1029 |
amount determined to represent an adequate reserve according to | 1030 |
sound actuarial principles. | 1031 |
A taxing authority of a subdivision, by resolution or | 1032 |
ordinance, may rescind a reserve balance account established under | 1033 |
this division. If a reserve balance account is rescinded, money | 1034 |
that has accumulated in the account shall be transferred to the | 1035 |
fund or funds from which the money originally was transferred. | 1036 |
(B) A taxing authority of a subdivision, by resolution or | 1037 |
ordinance, may establish a special revenue fund for the purpose of | 1038 |
accumulating resources for the payment of accumulated sick leave | 1039 |
and vacation leave, and for payments in lieu of taking | 1040 |
compensatory time off, upon the termination of employment or the | 1041 |
retirement of officers and employees of the subdivision. The | 1042 |
special revenue fund may also accumulate resources for payment of | 1043 |
salaries during any fiscal year when the number of pay periods | 1044 |
exceeds the usual and customary number of pay periods. | 1045 |
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the | 1046 |
Revised Code, the taxing authority, by resolution or ordinance, | 1047 |
may transfer money to the special revenue fund from any other fund | 1048 |
of the subdivision from which such payments may lawfully be made. | 1049 |
The taxing authority, by resolution or ordinance, may rescind a | 1050 |
special revenue fund established under this division. If a | 1051 |
special revenue fund is rescinded, money that has accumulated in | 1052 |
the fund shall be transferred to the fund or funds from which the | 1053 |
money originally was transferred. | 1054 |
(C) A taxing authority of a subdivision, by resolution or | 1055 |
ordinance, may establish a capital projects fund for the purpose | 1056 |
of accumulating resources for the acquisition, construction, or | 1057 |
improvement of fixed assets of the subdivision. For the purposes | 1058 |
of this section, "fixed assets" includes motor vehicles. More | 1059 |
than one capital projects fund may be established and may exist at | 1060 |
any time. The ordinance or resolution shall identify the source | 1061 |
of the money to be used to acquire, construct, or improve the | 1062 |
fixed assets identified in the resolution or ordinance, the amount | 1063 |
of money to be accumulated for that purpose, the period of time | 1064 |
over which that amount is to be accumulated, and the fixed assets | 1065 |
that the taxing authority intends to acquire, construct, or | 1066 |
improve with the money to be accumulated in the fund. | 1067 |
A taxing authority of a subdivision shall not accumulate | 1068 |
money in a
capital projects
fund for more than
| 1069 |
after the resolution or ordinance establishing the fund is | 1070 |
adopted. If the subdivision has not entered into a contract for | 1071 |
the acquisition, construction, or improvement of fixed assets for | 1072 |
which money was accumulated in such a fund before the end of that | 1073 |
1074 | |
shall transfer all money in the fund to the fund or funds from | 1075 |
which that money originally was transferred or the fund that | 1076 |
originally was intended to receive the money. | 1077 |
A taxing authority of a subdivision, by resolution or | 1078 |
ordinance, may rescind a capital projects fund. If a capital | 1079 |
projects fund is rescinded, money that has accumulated in the fund | 1080 |
shall be transferred to the fund or funds from which the money | 1081 |
originally was transferred. | 1082 |
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the | 1083 |
Revised Code, the taxing authority of a subdivision, by resolution | 1084 |
or ordinance, may transfer money to the capital projects fund from | 1085 |
any other fund of the subdivision that may lawfully be used for | 1086 |
the purpose of acquiring, constructing, or improving the fixed | 1087 |
assets identified in the resolution or ordinance. | 1088 |
Sec. 5705.19. This section does not apply to school | 1089 |
districts or county school financing districts. | 1090 |
The taxing authority of any subdivision at any time and in | 1091 |
any year, by vote of two-thirds of all the members of the taxing | 1092 |
authority, may declare by resolution and certify the resolution to | 1093 |
the board of elections not less than seventy-five days before the | 1094 |
election upon which it will be voted that the amount of taxes that | 1095 |
may be raised within the ten-mill limitation will be insufficient | 1096 |
to provide for the necessary requirements of the subdivision and | 1097 |
that it is necessary to levy a tax in excess of that limitation | 1098 |
for any of the following purposes: | 1099 |
(A) For current expenses of the subdivision, except that the | 1100 |
total levy for current expenses of a detention facility district | 1101 |
or district organized under section 2151.65 of the Revised Code | 1102 |
shall not exceed two mills and that the total levy for current | 1103 |
expenses of a combined district organized under sections 2152.41 | 1104 |
and 2151.65 of the Revised Code shall not exceed four mills; | 1105 |
(B) For the payment of debt charges on certain described | 1106 |
bonds, notes, or certificates of indebtedness of the subdivision | 1107 |
issued subsequent to January 1, 1925; | 1108 |
(C) For the debt charges on all bonds, notes, and | 1109 |
certificates of indebtedness issued and authorized to be issued | 1110 |
prior to January 1, 1925; | 1111 |
(D) For a public library of, or supported by, the | 1112 |
subdivision under whatever law organized or authorized to be | 1113 |
supported; | 1114 |
(E) For a municipal university, not to exceed two mills over | 1115 |
the limitation of one mill prescribed in section 3349.13 of the | 1116 |
Revised Code; | 1117 |
(F) For the construction or acquisition of any specific | 1118 |
permanent improvement or class of improvements that the taxing | 1119 |
authority of the subdivision may include in a single bond issue; | 1120 |
(G) For the general construction, reconstruction, | 1121 |
resurfacing, and repair of streets, roads, and bridges in | 1122 |
municipal corporations, counties, or townships; | 1123 |
(H) For parks and recreational purposes; | 1124 |
(I) For the purpose of providing and maintaining fire | 1125 |
apparatus, appliances, buildings, or sites therefor, or sources of | 1126 |
water supply and materials therefor, or the establishment and | 1127 |
maintenance of lines of fire alarm telegraph, or the payment of | 1128 |
permanent, part-time, or volunteer firefighters or firefighting | 1129 |
companies to operate the same, including the payment of the | 1130 |
firefighter employers' contribution required under section 742.34 | 1131 |
of the Revised Code, or the purchase of ambulance equipment, or | 1132 |
the provision of ambulance, paramedic, or other emergency medical | 1133 |
services operated by a fire department or firefighting company; | 1134 |
(J) For the purpose of providing and maintaining motor | 1135 |
vehicles, communications, and other equipment used directly in the | 1136 |
operation of a police department, or the payment of salaries of | 1137 |
permanent police personnel, including the payment of the police | 1138 |
officer employers' contribution required under section 742.33 of | 1139 |
the Revised Code, or the payment of the costs incurred by | 1140 |
townships as a result of contracts made with other political | 1141 |
subdivisions in order to obtain police protection, or the | 1142 |
provision of ambulance or emergency medical services operated by a | 1143 |
police department; | 1144 |
(K) For the maintenance and operation of a county home or | 1145 |
detention facility; | 1146 |
(L) For community mental retardation and developmental | 1147 |
disabilities programs and services pursuant to Chapter 5126. of | 1148 |
the Revised Code, except that the procedure for such levies shall | 1149 |
be as provided in section 5705.222 of the Revised Code; | 1150 |
(M) For regional planning; | 1151 |
(N) For a county's share of the cost of maintaining and | 1152 |
operating schools, district detention facilities, forestry camps, | 1153 |
or other facilities, or any combination thereof, established under | 1154 |
section 2152.41 or 2151.65 of the Revised Code or both of those | 1155 |
sections; | 1156 |
(O) For providing for flood defense, providing and | 1157 |
maintaining a flood wall or pumps, and other purposes to prevent | 1158 |
floods; | 1159 |
(P) For maintaining and operating sewage disposal plants and | 1160 |
facilities; | 1161 |
(Q) For the purpose of purchasing, acquiring, constructing, | 1162 |
enlarging, improving, equipping, repairing, maintaining, or | 1163 |
operating, or any combination of the foregoing, a county transit | 1164 |
system pursuant to sections 306.01 to 306.13 of the Revised Code, | 1165 |
or of making any payment to a board of county commissioners | 1166 |
operating a transit system or a county transit board pursuant to | 1167 |
section 306.06 of the Revised Code; | 1168 |
(R) For the subdivision's share of the cost of acquiring or | 1169 |
constructing any schools, forestry camps, detention facilities, | 1170 |
or other facilities, or any combination thereof, under section | 1171 |
2152.41 or 2151.65 of the Revised Code or both of those sections; | 1172 |
(S) For the prevention, control, and abatement of air | 1173 |
pollution; | 1174 |
(T) For maintaining and operating cemeteries; | 1175 |
(U) For providing ambulance service, emergency medical | 1176 |
service, or both; | 1177 |
(V) For providing for the collection and disposal of garbage | 1178 |
or refuse, including yard waste; | 1179 |
(W) For the payment of the police officer employers' | 1180 |
contribution or the firefighter employers' contribution required | 1181 |
under sections 742.33 and 742.34 of the Revised Code; | 1182 |
(X) For the construction and maintenance of a drainage | 1183 |
improvement pursuant to section 6131.52 of the Revised Code; | 1184 |
(Y) For providing or maintaining senior citizens services or | 1185 |
facilities as authorized by section 307.694, 307.85, 505.70, or | 1186 |
505.706 or division (EE) of section 717.01 of the Revised Code; | 1187 |
(Z) For the provision and maintenance of zoological park | 1188 |
services and facilities as authorized under section 307.76 of the | 1189 |
Revised Code; | 1190 |
(AA) For the maintenance and operation of a free public | 1191 |
museum of art, science, or history; | 1192 |
(BB) For the establishment and operation of a 9-1-1 system, | 1193 |
as defined in section 4931.40 of the Revised Code; | 1194 |
(CC) For the purpose of acquiring, rehabilitating, or | 1195 |
developing rail property or rail service. As used in this | 1196 |
division, "rail property" and "rail service" have the same | 1197 |
meanings as in section 4981.01 of the Revised Code. This division | 1198 |
applies only to a county, township, or municipal corporation. | 1199 |
(DD) For the purpose of acquiring property for, | 1200 |
constructing, operating, and maintaining community centers as | 1201 |
provided for in section 755.16 of the Revised Code; | 1202 |
(EE) For the creation and operation of an office or joint | 1203 |
office of economic development, for any economic development | 1204 |
purpose of the office, and to otherwise provide for the | 1205 |
establishment and operation of a program of economic development | 1206 |
pursuant to sections 307.07 and 307.64 of the Revised Code; | 1207 |
(FF) For the purpose of acquiring, establishing, | 1208 |
constructing, improving, equipping, maintaining, or operating, or | 1209 |
any combination of the foregoing, a township airport, landing | 1210 |
field, or other air navigation facility pursuant to section 505.15 | 1211 |
of the Revised Code; | 1212 |
(GG) For the payment of costs incurred by a township as a | 1213 |
result of a contract made with a county pursuant to section | 1214 |
505.263 of the Revised Code in order to pay all or any part of the | 1215 |
cost of constructing, maintaining, repairing, or operating a water | 1216 |
supply improvement; | 1217 |
(HH) For a board of township trustees to acquire, other than | 1218 |
by appropriation, an ownership interest in land, water, or | 1219 |
wetlands, or to restore or maintain land, water, or wetlands in | 1220 |
which the board has an ownership interest, not for purposes of | 1221 |
recreation, but for the purposes of protecting and preserving the | 1222 |
natural, scenic, open, or wooded condition of the land, water, or | 1223 |
wetlands against modification or encroachment resulting from | 1224 |
occupation, development, or other use, which may be styled as | 1225 |
protecting or preserving "greenspace" in the resolution, notice of | 1226 |
election, or ballot form; | 1227 |
(II) For the support by a county of a crime victim | 1228 |
assistance program that is provided and maintained by a county | 1229 |
agency or a private, nonprofit corporation or association under | 1230 |
section 307.62 of the Revised Code; | 1231 |
(JJ) For any or all of the purposes set forth in divisions | 1232 |
(I) and (J) of this section. This division applies only to a | 1233 |
township. | 1234 |
(KK) For a countywide public safety communications system | 1235 |
under section 307.63 of the Revised Code. This division applies | 1236 |
only to counties. | 1237 |
(LL) For the support by a county of criminal justice | 1238 |
services under section 307.45 of the Revised Code; | 1239 |
(MM) For the purpose of maintaining and operating a jail or | 1240 |
other detention facility as defined in section 2921.01 of the | 1241 |
Revised Code; | 1242 |
(NN) For purchasing, maintaining, or improving, or any | 1243 |
combination of the foregoing, real estate on which to hold | 1244 |
agricultural fairs. This division applies only to a county. | 1245 |
(OO) For constructing, rehabilitating, repairing, or | 1246 |
maintaining sidewalks, walkways, trails, bicycle pathways, or | 1247 |
similar improvements, or acquiring ownership interests in land | 1248 |
necessary for the foregoing improvements; | 1249 |
(PP) For both of the purposes set forth in divisions (G) and | 1250 |
(OO) of this section. | 1251 |
(QQ) For both of the purposes set forth in divisions (H) and | 1252 |
(HH) of this section. This division applies only to a township. | 1253 |
(RR) For the legislative authority of a municipal | 1254 |
corporation, board of county commissioners of a county, or board | 1255 |
of township trustees of a township to acquire agricultural | 1256 |
easements, as defined in section 5301.67 of the Revised Code, and | 1257 |
to supervise and enforce the easements. | 1258 |
(SS) For both of the purposes set forth in divisions (BB) | 1259 |
and (KK) of this section. This division applies only to a county. | 1260 |
The resolution shall be confined to the purpose or purposes | 1261 |
described in one division of this section, to which the revenue | 1262 |
derived therefrom shall be applied. The existence in any other | 1263 |
division of this section of authority to levy a tax for any part | 1264 |
or all of the same purpose or purposes does not preclude the use | 1265 |
of such revenues for any part of the purpose or purposes of the | 1266 |
division under which the resolution is adopted. | 1267 |
The resolution shall specify the amount of the increase in | 1268 |
rate that it is necessary to levy, the purpose of that increase in | 1269 |
rate, and the number of years during which the increase in rate | 1270 |
shall be in effect, which may or may not include a levy upon the | 1271 |
duplicate of the current year. The number of years may be any | 1272 |
number not exceeding five, except as follows: | 1273 |
(1) When the additional rate is for the payment of debt | 1274 |
charges, the increased rate shall be for the life of the | 1275 |
indebtedness. | 1276 |
(2) When the additional rate is for any of the following, | 1277 |
the increased rate shall be for a continuing period of time: | 1278 |
(a) For the current expenses for a detention facility | 1279 |
district, a district organized under section 2151.65 of the | 1280 |
Revised Code, or a combined district organized under sections | 1281 |
2152.41 and 2151.65 of the Revised Code; | 1282 |
(b) For providing a county's share of the cost of | 1283 |
maintaining and operating schools, district detention facilities, | 1284 |
forestry camps, or other facilities, or any combination thereof, | 1285 |
established under section 2152.41 or 2151.65 of the Revised Code | 1286 |
or under both of those sections. | 1287 |
(3) When the additional rate is for
| 1288 |
following, the increased rate may be for a continuing period of | 1289 |
time: | 1290 |
(a) For the purposes set forth in division (I), (J), (U), or | 1291 |
(KK) of this section; | 1292 |
(b) For the maintenance and operation of a joint recreation | 1293 |
district | 1294 |
| 1295 |
1296 |
(4) When the increase is for the purpose or purposes set | 1297 |
forth in division (D), (G), (H), (CC), or (PP) of this section, | 1298 |
the tax levy may be for any specified number of years or for a | 1299 |
continuing period of time, as set forth in the resolution. | 1300 |
(5) When the additional rate is for the purpose described in | 1301 |
division (Z) of this section, the increased rate shall be for any | 1302 |
number of years not exceeding ten. | 1303 |
A levy for one of the purposes set forth in division (G), | 1304 |
(I), (J), or (U) of this section may be reduced pursuant to | 1305 |
section 5705.261 or 5705.31 of the Revised Code. A levy for one | 1306 |
of the purposes set forth in division (G), (I), (J), or (U) of | 1307 |
this section may also be terminated or permanently reduced by the | 1308 |
taxing authority if it adopts a resolution stating that the | 1309 |
continuance of the levy is unnecessary and the levy shall be | 1310 |
terminated or that the millage is excessive and the levy shall be | 1311 |
decreased by a designated amount. | 1312 |
A resolution of a detention facility district, a district | 1313 |
organized under section 2151.65 of the Revised Code, or a combined | 1314 |
district organized under both sections 2152.41 and 2151.65 of the | 1315 |
Revised Code may include both current expenses and other purposes, | 1316 |
provided that the resolution shall apportion the annual rate of | 1317 |
levy between the current expenses and the other purpose or | 1318 |
purposes. The apportionment need not be the same for each year of | 1319 |
the levy, but the respective portions of the rate actually levied | 1320 |
each year for the current expenses and the other purpose or | 1321 |
purposes shall be limited by the apportionment. | 1322 |
Whenever a board of county commissioners, acting either as | 1323 |
the taxing authority of its county or as the taxing authority of a | 1324 |
sewer district or subdistrict created under Chapter 6117. of the | 1325 |
Revised Code, by resolution declares it necessary to levy a tax in | 1326 |
excess of the ten-mill limitation for the purpose of constructing, | 1327 |
improving, or extending sewage disposal plants or sewage systems, | 1328 |
the tax may be in effect for any number of years not exceeding | 1329 |
twenty, and the proceeds of the tax, notwithstanding the general | 1330 |
provisions of this section, may be used to pay debt charges on any | 1331 |
obligations issued and outstanding on behalf of the subdivision | 1332 |
for the purposes enumerated in this paragraph, provided that any | 1333 |
such obligations have been specifically described in the | 1334 |
resolution. | 1335 |
The resolution shall go into immediate effect upon its | 1336 |
passage, and no publication of the resolution is necessary other | 1337 |
than that provided for in the notice of election. | 1338 |
When the electors of a subdivision have approved a tax levy | 1339 |
under this section, the taxing authority of the subdivision may | 1340 |
anticipate a fraction of the proceeds of the levy and issue | 1341 |
anticipation notes in accordance with section 5705.191 or 5705.193 | 1342 |
of the Revised Code. | 1343 |
Section 2. That existing sections 124.23, 124.27, 133.01, | 1344 |
505.10, 505.82, 507.11, 517.15, 5543.10, 5571.14, 5571.16, | 1345 |
5705.13, and 5705.19 and sections 517.16, 517.17, and 517.18 of | 1346 |
the Revised Code are hereby repealed. | 1347 |