As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 97


Representatives Willamowski, Hagan, McGregor, Seitz, Calvert, Schmidt, Schaffer, Faber, Allen, White, Seaver, Ujvagi, Webster, Fessler, Callender, Buehrer 



A BILL
To amend sections 505.37, 505.50, and 5549.021 of the 1
Revised Code to permit a board of township 2
trustees to enter into a lease or a lease with an 3
option to purchase for police department or road 4
equipment and a board of township trustees, a 5
board of fire district trustees, or a municipal 6
corporation legislative authority to enter into a 7
lease or lease with an option to purchase for 8
fire-fighting equipment.9


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 505.37, 505.50, and 5549.021 of the 10
Revised Code be amended to read as follows:11

       Sec. 505.37.  (A) The board of township trustees may12
establish all necessary rules to guard against the occurrence of13
fires and to protect the property and lives of the citizens14
against damage and accidents, and may, with the approval of the15
specifications by the prosecuting attorney or, if the township has16
adopted limited home rule government under chapterChapter 504,.17
of the Revised Code, with the approval of the specifications by 18
the township's law director, purchase, lease, lease with an option 19
to purchase, or otherwise provide any fire apparatus, mechanical 20
resuscitators, or other equipment, appliances, materials, fire 21
hydrants, and water supply for fire-fighting purposes that seems 22
advisable to the board. The board shall provide for the care and 23
maintenance of fire equipment, and, for these purposes, may 24
purchase, lease, lease with an option to purchase, or construct 25
and maintain necessary buildings, and it may establish and 26
maintain lines of fire-alarm communications within the limits of 27
the township. The board may employ one or more persons to maintain 28
and operate fire-fighting equipment, or it may enter into an 29
agreement with a volunteer fire company for the use and operation 30
of fire-fighting equipment. The board may compensate the members 31
of a volunteer fire company on any basis and in any amount that it 32
considers equitable.33

       (B) The boards of township trustees of any two or more34
townships, or the legislative authorities of any two or more35
political subdivisions, or any combination thereof, may, through36
joint action, unite in the joint purchase, lease, lease with an 37
option to purchase, maintenance, use, and operation of 38
fire-fighting equipment, or for any other purpose designated in 39
sections 505.37 to 505.42 of the Revised Code, and may prorate the 40
expense of the joint action on any terms that are mutually agreed 41
upon.42

       (C) The board of township trustees of any township may, by43
resolution, whenever it is expedient and necessary to guard44
against the occurrence of fires or to protect the property and45
lives of the citizens against damages resulting from their46
occurrence, create a fire district of any portions of the township47
that it considers necessary. The board may purchase, lease, lease 48
with an option to purchase, or otherwise provide any fire 49
apparatus, appliances, materials, fire hydrants, and water supply 50
for fire-fighting purposes, or may contract for the fire 51
protection for the fire district as provided in section 9.60 of 52
the Revised Code. The fire district so created shall be given a 53
separate name by which it shall be known.54

       Additional unincorporated territory of the township may be55
added to a fire district upon the board's adoption of a resolution56
authorizing the addition. A municipal corporation that is within57
or adjoining the township may be added to a fire district upon the58
board's adoption of a resolution authorizing the addition and the59
municipal legislative authority's adoption of a resolution or60
ordinance requesting the addition of the municipal corporation to61
the fire district.62

       If the township fire district imposes a tax, additional63
unincorporated territory of the township or a municipal64
corporation that is within or adjoining the township shall become65
part of the fire district only after all of the following have66
occurred:67

       (1) Adoption by the board of township trustees of a68
resolution approving the expansion of the territorial limits of69
the district and, if the resolution proposes to add a municipal70
corporation, adoption by the municipal legislative authority of a71
resolution or ordinance requesting the addition of the municipal72
corporation to the district;73

       (2) Adoption by the board of township trustees of a74
resolution recommending the extension of the tax to the additional75
territory;76

       (3) Approval of the tax by the electors of the territory77
proposed for addition to the district.78

       Each resolution of the board adopted under division (C)(2) of79
this section shall state the name of the fire district, a80
description of the territory to be added, and the rate and81
termination date of the tax, which shall be the rate and82
termination date of the tax currently in effect in the fire83
district.84

       The board of trustees shall certify each resolution adopted85
under division (C)(2) of this section to the board of elections in86
accordance with section 5705.19 of the Revised Code. The election87
required under division (C)(3) of this section shall be held,88
canvassed, and certified in the manner provided for the submission89
of tax levies under section 5705.25 of the Revised Code, except90
that the question appearing on the ballot shall read:91

       "Shall the territory within ........................92
(description of the proposed territory to be added) be added to93
........................ (name) fire district, and a property tax94
at a rate of taxation not exceeding ...... (here insert tax rate)95
be in effect for .......... (here insert the number of years the96
tax is to be in effect or "a continuing period of time," as97
applicable)?"98

       If the question is approved by at least a majority of the99
electors voting on it, the joinder shall be effective as of the100
first day of July of the year following approval, and on that101
date, the township fire district tax shall be extended to the102
taxable property within the territory that has been added. If the103
territory that has been added is a municipal corporation and if it104
had adopted a tax levy for fire purposes, the levy is terminated105
on the effective date of the joinder.106

       Any municipal corporation may withdraw from a township fire107
district created under division (C) of this section by the108
adoption by the municipal legislative authority of a resolution or109
ordinance ordering withdrawal. On the first day of July of the110
year following the adoption of the resolution or ordinance of111
withdrawal, the municipal corporation withdrawing ceases to be a112
part of the district, and the power of the fire district to levy a113
tax upon taxable property in the withdrawing municipal corporation114
terminates, except that the fire district shall continue to levy115
and collect taxes for the payment of indebtedness within the116
territory of the fire district as it was composed at the time the117
indebtedness was incurred.118

       Upon the withdrawal of any municipal corporation from a119
township fire district created under division (C) of this section,120
the county auditor shall ascertain, apportion, and order a121
division of the funds on hand, moneys and taxes in the process of122
collection except for taxes levied for the payment of123
indebtedness, credits, and real and personal property, either in124
money or in kind, on the basis of the valuation of the respective125
tax duplicates of the withdrawing municipal corporation and the126
remaining territory of the fire district.127

       A board of township trustees may remove unincorporated128
territory of the township from the fire district upon the adoption129
of a resolution authorizing the removal. On the first day of July130
of the year following the adoption of the resolution, the131
unincorporated township territory described in the resolution132
ceases to be a part of the district, and the power of the fire133
district to levy a tax upon taxable property in that territory134
terminates, except that the fire district shall continue to levy135
and collect taxes for the payment of indebtedness within the136
territory of the fire district as it was composed at the time the137
indebtedness was incurred.138

       (D) The board of township trustees of any township, the board 139
of fire district trustees of a fire district created under section 140
505.371 of the Revised Code, or the legislative authority of any 141
municipal corporation may purchase, lease, or lease with an option 142
to purchase the necessary fire-fighting equipment, buildings, and 143
sites for the township, fire district, or municipal corporation 144
and issue securities for that purpose with maximum maturities as 145
provided in section 133.20 of the Revised Code. The board of 146
township trustees, board of fire district trustees, or legislative 147
authority may also construct any buildings necessary to house 148
fire-fighting equipment and issue securities for that purpose with 149
maximum maturities as provided in section 133.20 of the Revised 150
Code. The board of township trustees, board of fire district 151
trustees, or legislative authority may issue the securities of the152
township, fire district, or municipal corporation, signed by the 153
board or designated officer of the municipal corporation and 154
attested by the signature of the township, fire district, or 155
municipal clerk, covering any deferred payments and payable at the 156
times provided, which securities shall bear interest not to exceed 157
the rate determined as provided in section 9.95 of the Revised 158
Code, and shall not be subject to Chapter 133. of the Revised 159
Code. The legislation authorizing the issuance of the securities160
shall provide for levying and collecting annually by taxation, 161
amounts sufficient to pay the interest on and principal of the 162
securities. The securities shall be offered for sale on the open163
market or given to the vendor or contractor if no sale is made.164

       (E) A board of township trustees of any township or a board165
of fire district trustees of a fire district created under section166
505.371 of the Revised Code may purchase a policy or policies of167
liability insurance for the officers, employees, and appointees of168
the fire department, fire district, or joint fire district169
governed by the board that includes personal injury liability170
coverage as to the civil liability of those officers, employees,171
and appointees for false arrest, detention, or imprisonment,172
malicious prosecution, libel, slander, defamation or other173
violation of the right of privacy, wrongful entry or eviction, or174
other invasion of the right of private occupancy, arising out of175
the performance of their duties.176

       When a board of township trustees cannot, by deed of gift or177
by purchase and upon terms it considers reasonable, procure land178
for a township fire station that is needed in order to respond in179
reasonable time to a fire or medical emergency, the board may180
appropriate land for that purpose under sections 163.01 to 163.22181
of the Revised Code. If it is necessary to acquire additional182
adjacent land for enlarging or improving the fire station, the183
board may purchase, appropriate, or accept a deed of gift for the184
land for these purposes.185

       (F) As used in this division, "emergency medical service186
organization" has the same meaning as in section 4766.01 of the187
Revised Code.188

       A board of township trustees, by adoption of an appropriate189
resolution, may choose to have the Ohio ambulance licensing board190
license any emergency medical service organization it operates. If 191
the board adopts such a resolution, Chapter 4766. of the Revised 192
Code, except for sections 4766.06 and 4766.99 of the Revised Code,193
applies to the organization. All rules adopted under the194
applicable sections of that chapter also apply to the195
organization. A board of township trustees, by adoption of an196
appropriate resolution, may remove its emergency medical service197
organization from the jurisdiction of the Ohio ambulance licensing198
board.199

       Sec. 505.50.  The board of township trustees may purchase, 200
lease, lease with an option to purchase, or otherwise acquire any 201
police apparatus, equipment, including a public communications 202
system, or materials that the township police district requires 203
and may build, purchase, lease, or lease with an option to 204
purchase any building or buildings and site of the building or 205
buildings that are necessary for the operations of the district.206

       The boards of trustees of any two or more contiguous207
townships, may, by joint agreement, unite in the joint purchase, 208
lease, lease with an option to purchase, maintenance, use, and 209
operation of police equipment, for any other police purpose 210
designated in sections 505.48 to 505.55 of the Revised Code, and 211
to prorate the expense of suchthat joint action on such terms as 212
are mutually agreed upon by the trustees in each affected 213
township.214

       The board of trustees of any township may enter into a215
contract with one or more townships, a municipal corporation, a216
park district created pursuant to section 511.18 or 1545.01 of the 217
Revised Code, or the county sheriff upon any terms that are218
mutually agreed upon for the provision of police protection219
services or additional police protection services either on a220
regular basis or for additional protection in times of emergency.221
The contract shall be agreed to in each instance by the respective 222
board or boards of township trustees, the board of county223
commissioners, the board of park commissioners, or the legislative 224
authority of the municipal corporation involved. SuchThe contract 225
may provide for a fixed annual charge to be paid at the time 226
agreed upon in the contract.227

       Chapter 2744. of the Revised Code, insofar as it is228
applicable to the operation of police departments, applies to the229
contracting political subdivisions and police department members230
when suchthe members are serving outside their own political231
subdivision pursuant to such a contract. Police department members 232
acting outside the political subdivision in which they are 233
employed may participate in any pension or indemnity fund 234
established by their employer and are entitled to all the rights 235
and benefits of Chapter 4123. of the Revised Code, to the same 236
extent as while performing services within the political237
subdivision.238

       Sec. 5549.021. (A) A board of township trustees may purchase239
machinery, tools, trucks, and other equipment for use in240
constructing, maintaining, and repairing roads and, subject to241
Chapter 133. of the Revised Code, may issue for that purpose242
general obligation bonds of the township for which the full faith243
and credit of the township shall be pledged.244

       (B) A board of township trustees may enter into a lease for245
machinery, tools, trucks, and other equipment for use in246
constructing, maintaining, and repairing roads, including a lease247
with an option to purchase. Any lease with an option to purchase248
shall require the board to pay a cash down payment of at least249
three-twentieths of the total cost. If the board sells used250
equipment as part of a lease with option to purchase, the cash 251
down payment may be reduced by the amount of the selling price of 252
the used equipment. A lease with an option to purchase may be 253
entered into only with the lowest responsive and responsible 254
bidder of the equipment after advertising for bids in the manner 255
provided in section 5575.01 of the Revised Code.256

       Section 2. That existing sections 505.37, 505,50, and 257
5549.021 of the Revised Code are hereby repealed.258