As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 107

Senators Schuler, Padgett, Clancy, Schuring 

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A BILL

To amend sections 111.21, 111.22, 117.44, 133.01,

1

133.27, 149.42, 301.01, 306.32, 306.321, 319.51,

2

321.31, 321.32, 321.34, 345.01, 503.162, 503.25,

3

503.26, 503.29, 503.41, 503.52, 504.06, 504.07,

4

504.11, 504.12, 504.14, 504.19, 504.20, 505.03,

5

505.04, 505.07, 505.108, 505.11, 505.17, 505.24,

6

505.262, 505.31, 505.32, 505.33, 505.35, 505.37,

7

505.373, 505.47, 505.511, 505.73, 505.86, 507.01,

8

507.02, 507.021, 507.03, 507.04, 507.05, 507.051,

9

507.06, 507.07, 507.08, 507.09, 507.11, 509.02,

10

511.21, 511.22, 511.33, 513.04, 515.02, 515.04,

11

515.081, 515.12, 517.05, 517.06, 517.07, 519.16,

12

519.161, 519.211, 521.02, 521.03, 703.201, 707.28,

13

709.023, 709.024, 709.03, 709.033, 709.46, 711.05,

14

711.10, 715.691, 715.70, 715.71, 715.75, 715.76,

15

971.05, 971.06, 971.08, 971.09, 971.12, 971.35,

16

971.36, 1341.16, 1533.13, 1710.02, 2927.21,

17

3381.03, 3501.37, 3513.253, 3517.10, 3709.30,

18

3734.025, 3734.026, 3734.57, 4301.80, 4303.26,

19

4928.20, 4929.26, 4929.27, 5123.19, 5126.021,

20

5541.02, 5543.05, 5552.10, 5571.04, 5571.16,

21

5573.13, 5573.211, 5575.04, 5575.09, 5579.08,

22

5705.01, 5709.73, 5735.27, and 5747.061 of the

23

Revised Code to replace the name "township clerk"

24

with the name "township fiscal officer."

25

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

Section 1. That sections 111.21, 111.22, 117.44, 133.01,	26
133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31, 321.32,	27
321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41, 503.52,	28
504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20, 505.03,	29
505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262, 505.31,	30
505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511, 505.73,	31
505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05, 507.051,	32
507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21, 511.22,	33
511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05, 517.06,	34
517.07, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201, 707.28,	35
709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10,	36
715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08,	37
971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02,	38
2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025,	39
3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27,	40
5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16,	41
5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73,	42
5735.27, and 5747.061 of the Revised Code be amended to read as	43
follows:	44

Sec. 111.21.  The secretary of state shall:

45

(A) Make and keep a record of all elections and the votes	46
cast thereatat elections in municipal corporations, townships,	47
and counties upon all questions of electing charter commissions,	48
of adopting charters or amendments theretoto charters, of	49
adopting additional laws or alternative forms of government, of	50
transferring powers to counties, and of withdrawing or revoking	51
suchthose powers;	52

(B) File and preserve all reports, certificates, and copies	53
of agreements transferingtransferring powers, whether approved by	54
popular vote or otherwise, and of charters, as permanent public	55
records of the state;	56

(C) Establish regulations prescribing the forms, times,	57
certifications, details, and other particulars or conditions	58
governing the fiscal officers of townships and the clerks of	59
municipal corporations, townships, boards of elections, and boards	60
of county commissioners in reporting and certifying the papers and	61
information necessary for the records and files of the secretary	62
of state. SuchThe regulations shall require the furnishing of one	63
or more duplicates of the text of all charters and amendments, and	64
of all transfer agreements, one of each of which it shall be the	65
duty of the secretary of state to verify and deposit in the	66
library of the supreme court.	67

Sec. 111.22.  The fiscal officer of every township and the	68
clerk of every municipal corporation, township, board of	69
elections, and board of county commissioners shall:	70

(A) Furnish and certify to the secretary of state all copies	71
of resolutions, ordinances, other instruments, portions of public	72
records, and other information as the secretary of state requires;	73
and	74

(B) Furnish and certify duplicate copies of so much of each	75
item as the secretary of state prescribes to the clerk of courts	76
the court of common pleas and the law library of the county	77
affected.	78

Sec. 117.44.  To enhance local officials' background and	79
working knowledge of government accounting, budgeting and	80
financing, financial report preparation, and the rules adopted by	81
the auditor of state, the auditor of state shall hold training	82
programs for persons elected for the first time as township clerks	83
fiscal officers, city auditors, and village clerks, between the	84
first day of December and the first day of April immediately	85
following a general election for any of these offices. Similar	86
training may also be provided to any township clerkfiscal	87
officer, city auditor, or village clerk who is appointed to fill a	88
vacancy or who is elected in a special election.	89

The auditor of state also shall develop and provide an annual	90
training program of continuing education for village clerks.	91

The auditor of state shall determine the manner, content, and	92
length of the training programs after consultation with	93
appropriate statewide organizations of local governmental	94
officials. The auditor of state shall charge the political	95
subdivisions that the trainees represent a registration fee that	96
will meet actual and necessary expenses of the training, including	97
instructor fees, site acquisition costs, and the cost of course	98
materials. The necessary personal expenses incurred by the	99
officials as a result of attending the training program shall be	100
borne by the political subdivisions they represent.	101

The auditor of state shall allow any other interested person	102
to attend any of the training programs that the auditor of state	103
holds pursuant to this section; provided, that before attending	104
any such training program, the interested person shall pay to the	105
auditor of state the full registration fee that the auditor of	106
state has set for the training program.	107

The auditor of state may provide any other appropriate	108
training or educational programs that may be developed and offered	109
by the auditor of state or in collaboration with one or more other	110
state agencies, political subdivisions, or other public or private	111
entities.	112

There is hereby established in the state treasury the auditor	113
of state training program fund, to be used by the auditor of state	114
for the actual and necessary expenses of any training programs	115
held pursuant to this section, section 117.441, or section 321.46	116
of the Revised Code. All registration fees collected under this	117
section shall be paid into the fund.	118

Sec. 133.01.  As used in this chapter, in sections 9.95,	119
9.96, and 2151.655 of the Revised Code, in other sections of the	120
Revised Code that make reference to this chapter unless the	121
context does not permit, and in related proceedings, unless	122
otherwise expressly provided:	123

(A) "Acquisition" as applied to real or personal property	124
includes, among other forms of acquisition, acquisition by	125
exercise of a purchase option, and acquisition of interests in	126
property, including, without limitation, easements and	127
rights-of-way, and leasehold and other lease interests initially	128
extending or extendable for a period of at least sixty months.	129

(B) "Anticipatory securities" means securities, including	130
notes, issued in anticipation of the issuance of other securities.	131

(C) "Board of elections" means the county board of elections	132
of the county in which the subdivision is located. If the	133
subdivision is located in more than one county, "board of	134
elections" means the county board of elections of the county that	135
contains the largest portion of the population of the subdivision	136
or that otherwise has jurisdiction in practice over and	137
customarily handles election matters relating to the subdivision.	138

(D) "Bond retirement fund" means the bond retirement fund	139
provided for in section 5705.09 of the Revised Code, and also	140
means a sinking fund or any other special fund, regardless of the	141
name applied to it, established by or pursuant to law or the	142
proceedings for the payment of debt charges. Provision may be made	143
in the applicable proceedings for the establishment in a bond	144
retirement fund of separate accounts relating to debt charges on	145
particular securities, or on securities payable from the same or	146
common sources, and for the application of moneys in those	147
accounts only to specified debt charges on specified securities or	148
categories of securities. Subject to law and any provisions in the	149
applicable proceedings, moneys in a bond retirement fund or	150
separate account in a bond retirement fund may be transferred to	151
other funds and accounts.	152

(E) "Capitalized interest" means all or a portion of the	153
interest payable on securities from their date to a date stated or	154
provided for in the applicable legislation, which interest is to	155
be paid from the proceeds of the securities.	156

(F) "Chapter 133. securities" means securities authorized by	157
or issued pursuant to or in accordance with this chapter.	158

(G) "County auditor" means the county auditor of the county	159
in which the subdivision is located. If the subdivision is located	160
in more than one county, "county auditor" means the county auditor	161
of the county that contains the highest amount of the tax	162
valuation of the subdivision or that otherwise has jurisdiction in	163
practice over and customarily handles property tax matters	164
relating to the subdivision. In the case of a county that has	165
adopted a charter, "county auditor" means the officer who	166
generally has the duties and functions provided in the Revised	167
Code for a county auditor.	168

(H) "Credit enhancement facilities" means letters of credit,	169
lines of credit, stand-by, contingent, or firm securities purchase	170
agreements, insurance, or surety arrangements, guarantees, and	171
other arrangements that provide for direct or contingent payment	172
of debt charges, for security or additional security in the event	173
of nonpayment or default in respect of securities, or for making	174
payment of debt charges to and at the option and on demand of	175
securities holders or at the option of the issuer or upon certain	176
conditions occurring under put or similar arrangements, or for	177
otherwise supporting the credit or liquidity of the securities,	178
and includes credit, reimbursement, marketing, remarketing,	179
indexing, carrying, interest rate hedge, and subrogation	180
agreements, and other agreements and arrangements for payment and	181
reimbursement of the person providing the credit enhancement	182
facility and the security for that payment and reimbursement.	183

(I) "Current operating expenses" or "current expenses" means	184
the lawful expenditures of a subdivision, except those for	185
permanent improvements and for payments of debt charges of the	186
subdivision.	187

(J) "Debt charges" means the principal, including any	188
mandatory sinking fund deposits and mandatory redemption payments,	189
interest, and any redemption premium, payable on securities as	190
those payments come due and are payable. The use of "debt charges"	191
for this purpose does not imply that any particular securities	192
constitute debt within the meaning of the Ohio Constitution or	193
other laws.	194

(K) "Financing costs" means all costs and expenses relating	195
to the authorization, including any required election, issuance,	196
sale, delivery, authentication, deposit, custody, clearing,	197
registration, transfer, exchange, fractionalization, replacement,	198
payment, and servicing of securities, including, without	199
limitation, costs and expenses for or relating to publication and	200
printing, postage, delivery, preliminary and final official	201
statements, offering circulars, and informational statements,	202
travel and transportation, underwriters, placement agents,	203
investment bankers, paying agents, registrars, authenticating	204
agents, remarketing agents, custodians, clearing agencies or	205
corporations, securities depositories, financial advisory	206
services, certifications, audits, federal or state regulatory	207
agencies, accounting and computation services, legal services and	208
obtaining approving legal opinions and other legal opinions,	209
credit ratings, redemption premiums, and credit enhancement	210
facilities. Financing costs may be paid from any moneys available	211
for the purpose, including, unless otherwise provided in the	212
proceedings, from the proceeds of the securities to which they	213
relate and, as to future financing costs, from the same sources	214
from which debt charges on the securities are paid and as though	215
debt charges.	216

(L) "Fiscal officer" means the following, or, in the case of	217
absence or vacancy in the office, a deputy or assistant authorized	218
by law or charter to act in the place of the named officer, or if	219
there is no such authorization then the deputy or assistant	220
authorized by legislation to act in the place of the named officer	221
for purposes of this chapter, in the case of the following	222
subdivisions:	223

(1) A county, the county auditor;

224

(2) A municipal corporation, the city auditor or village	225
clerk or clerk-treasurer, or the officer who, by virtue of a	226
charter, has the duties and functions provided in the Revised Code	227
for the city auditor or village clerk or clerk-treasurer;	228

(3) A school district, the treasurer of the board of	229
education;	230

(4) A regional water and sewer district, the secretary of the	231
board of trustees;	232

(5) A joint township hospital district, the treasurer of the	233
district;	234

(6) A joint ambulance district, the clerk of the board of	235
trustees;	236

(7) A joint recreation district, the person designated	237
pursuant to section 755.15 of the Revised Code;	238

(8) A detention facility district or a district organized	239
under section 2151.65 of the Revised Code or a combined district	240
organized under sections 2152.41 and 2151.65 of the Revised Code,	241
the county auditor of the county designated by law to act as the	242
auditor of the district;	243

(9) A township, a fire district organized under division (C)	244
of section 505.37 of the Revised Code, or a township police	245
district, the clerkfiscal officer of the township;	246

(10) A joint fire district, the clerk of the board of	247
trustees of that district;	248

(11) A regional or county library district, the person	249
responsible for the financial affairs of that district;	250

(12) A joint solid waste management district, the fiscal	251
officer appointed by the board of directors of the district under	252
section 343.01 of the Revised Code;	253

(13) A joint emergency medical services district, the person	254
appointed as fiscal officer pursuant to division (D) of section	255
307.053 of the Revised Code;	256

(14) A fire and ambulance district, the person appointed as	257
fiscal officer under division (B) of section 505.375 of the	258
Revised Code;	259

(15) A subdivision described in division (MM)(17) of this	260
section, the officer who is designated by law as or performs the	261
functions of its chief fiscal officer.	262

(M) "Fiscal year" has the same meaning as in section 9.34 of	263
the Revised Code.	264

(N) "Fractionalized interests in public obligations" means	265
participations, certificates of participation, shares, or other	266
instruments or agreements, separate from the public obligations	267
themselves, evidencing ownership of interests in public	268
obligations or of rights to receive payments of, or on account of,	269
principal or interest or their equivalents payable by or on behalf	270
of an obligor pursuant to public obligations.	271

(O) "Fully registered securities" means securities in	272
certificated or uncertificated form, registered as to both	273
principal and interest in the name of the owner.	274

(P) "Fund" means to provide for the payment of debt charges	275
and expenses related to that payment at or prior to retirement by	276
purchase, call for redemption, payment at maturity, or otherwise.	277

(Q) "General obligation" means securities to the payment of	278
debt charges on which the full faith and credit and the general	279
property taxing power, including taxes within the tax limitation	280
if available to the subdivision, of the subdivision are pledged.	281

(R) "Interest" or "interest equivalent" means those payments	282
or portions of payments, however denominated, that constitute or	283
represent consideration for forbearing the collection of money, or	284
for deferring the receipt of payment of money to a future time.	285

(S) "Internal Revenue Code" means the "Internal Revenue Code	286
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	287
includes any laws of the United States providing for application	288
of that code.	289

(T) "Issuer" means any public issuer and any nonprofit	290
corporation authorized to issue securities for or on behalf of any	291
public issuer.	292

(U) "Legislation" means an ordinance or resolution passed by	293
a majority affirmative vote of the then members of the taxing	294
authority unless a different vote is required by charter	295
provisions governing the passage of the particular legislation by	296
the taxing authority.	297

(V) "Mandatory sinking fund redemption requirements" means	298
amounts required by proceedings to be deposited in a bond	299
retirement fund for the purpose of paying in any year or fiscal	300
year by mandatory redemption prior to stated maturity the	301
principal of securities that is due and payable, except for	302
mandatory prior redemption requirements as provided in those	303
proceedings, in a subsequent year or fiscal year.	304

(W) "Mandatory sinking fund requirements" means amounts	305
required by proceedings to be deposited in a year or fiscal year	306
in a bond retirement fund for the purpose of paying the principal	307
of securities that is due and payable in a subsequent year or	308
fiscal year.	309

(X) "Net indebtedness" has the same meaning as in division	310
(A) of section 133.04 of the Revised Code.	311

(Y) "Obligor," in the case of securities or fractionalized	312
interests in public obligations issued by another person the debt	313
charges or their equivalents on which are payable from payments	314
made by a public issuer, means that public issuer.	315

(Z) "One purpose" relating to permanent improvements means	316
any one permanent improvement or group or category of permanent	317
improvements for the same utility, enterprise, system, or project,	318
development or redevelopment project, or for or devoted to the	319
same general purpose, function, or use or for which	320
self-supporting securities, based on the same or different sources	321
of revenues, may be issued or for which special assessments may be	322
levied by a single ordinance or resolution. "One purpose"	323
includes, but is not limited to, in any case any off-street	324
parking facilities relating to another permanent improvement, and:	325

(1) Any number of roads, highways, streets, bridges,	326
sidewalks, and viaducts;	327

(2) Any number of off-street parking facilities;

328

(3) In the case of a county, any number of permanent	329
improvements for courthouse, jail, county offices, and other	330
county buildings, and related facilities;	331

(4) In the case of a school district, any number of	332
facilities and buildings for school district purposes, and related	333
facilities.	334

(AA) "Outstanding," referring to securities, means securities	335
that have been issued, delivered, and paid for, except any of the	336
following:	337

(1) Securities canceled upon surrender, exchange, or	338
transfer, or upon payment or redemption;	339

(2) Securities in replacement of which or in exchange for	340
which other securities have been issued;	341

(3) Securities for the payment, or redemption or purchase for	342
cancellation prior to maturity, of which sufficient moneys or	343
investments, in accordance with the applicable legislation or	344
other proceedings or any applicable law, by mandatory sinking fund	345
redemption requirements, mandatory sinking fund requirements, or	346
otherwise, have been deposited, and credited for the purpose in a	347
bond retirement fund or with a trustee or paying or escrow agent,	348
whether at or prior to their maturity or redemption, and, in the	349
case of securities to be redeemed prior to their stated maturity,	350
notice of redemption has been given or satisfactory arrangements	351
have been made for giving notice of that redemption, or waiver of	352
that notice by or on behalf of the affected security holders has	353
been filed with the subdivision or its agent for the purpose.	354

(BB) "Paying agent" means the one or more banks, trust	355
companies, or other financial institutions or qualified persons,	356
including an appropriate office or officer of the subdivision,	357
designated as a paying agent or place of payment of debt charges	358
on the particular securities.	359

(CC) "Permanent improvement" or "improvement" means any	360
property, asset, or improvement certified by the fiscal officer,	361
which certification is conclusive, as having an estimated life or	362
period of usefulness of five years or more, and includes, but is	363
not limited to, real estate, buildings, and personal property and	364
interests in real estate, buildings, and personal property,	365
equipment, furnishings, and site improvements, and reconstruction,	366
rehabilitation, renovation, installation, improvement,	367
enlargement, and extension of property, assets, or improvements so	368
certified as having an estimated life or period of usefulness of	369
five years or more. The acquisition of all the stock ownership of	370
a corporation is the acquisition of a permanent improvement to the	371
extent that the value of that stock is represented by permanent	372
improvements. A permanent improvement for parking, highway, road,	373
and street purposes includes resurfacing, but does not include	374
ordinary repair.	375

(DD) "Person" has the same meaning as in section 1.59 of the	376
Revised Code and also includes any federal, state, interstate,	377
regional, or local governmental agency, any subdivision, and any	378
combination of those persons.	379

(EE) "Proceedings" means the legislation, certifications,	380
notices, orders, sale proceedings, trust agreement or indenture,	381
mortgage, lease, lease-purchase agreement, assignment, credit	382
enhancement facility agreements, and other agreements,	383
instruments, and documents, as amended and supplemented, and any	384
election proceedings, authorizing, or providing for the terms and	385
conditions applicable to, or providing for the security or sale or	386
award of, public obligations, and includes the provisions set	387
forth or incorporated in those public obligations and proceedings.	388

(FF) "Public issuer" means any of the following that is	389
authorized by law to issue securities or enter into public	390
obligations:	391

(1) The state, including an agency, commission, officer,	392
institution, board, authority, or other instrumentality of the	393
state;	394

(2) A taxing authority, subdivision, district, or other local	395
public or governmental entity, and any combination or consortium,	396
or public division, district, commission, authority, department,	397
board, officer, or institution, thereof;	398

(3) Any other body corporate and politic, or other public	399
entity.	400

(GG) "Public obligations" means both of the following:

401

(1) Securities;

402

(2) Obligations of a public issuer to make payments under	403
installment sale, lease, lease purchase, or similar agreements,	404
which obligations bear interest or interest equivalent.	405

(HH) "Refund" means to fund and retire outstanding	406
securities, including advance refunding with or without payment or	407
redemption prior to maturity.	408

(II) "Register" means the books kept and maintained by the	409
registrar for registration, exchange, and transfer of registered	410
securities.	411

(JJ) "Registrar" means the person responsible for keeping the	412
register for the particular registered securities, designated by	413
or pursuant to the proceedings.	414

(KK) "Securities" means bonds, notes, certificates of	415
indebtedness, commercial paper, and other instruments in writing,	416
including, unless the context does not admit, anticipatory	417
securities, issued by an issuer to evidence its obligation to	418
repay money borrowed, or to pay interest, by, or to pay at any	419
future time other money obligations of, the issuer of the	420
securities, but not including public obligations described in	421
division (GG)(2) of this section.	422

(LL) "Self-supporting securities" means securities or	423
portions of securities issued for the purpose of paying costs of	424
permanent improvements to the extent that receipts of the	425
subdivision, other than the proceeds of taxes levied by that	426
subdivision, derived from or with respect to the improvements or	427
the operation of the improvements being financed, or the	428
enterprise, system, project, or category of improvements of which	429
the improvements being financed are part, are estimated by the	430
fiscal officer to be sufficient to pay the current expenses of	431
that operation or of those improvements or enterprise, system,	432
project, or categories of improvements and the debt charges	433
payable from those receipts on securities issued for the purpose.	434
Until such time as the improvements or increases in rates and	435
charges have been in operation or effect for a period of at least	436
six months, the receipts therefrom, for purposes of this	437
definition, shall be those estimated by the fiscal officer, except	438
that those receipts may include, without limitation, payments made	439
and to be made to the subdivision under leases or agreements in	440
effect at the time the estimate is made. In the case of an	441
operation, improvements, or enterprise, system, project, or	442
category of improvements without at least a six-month history of	443
receipts, the estimate of receipts by the fiscal officer, other	444
than those to be derived under leases and agreements then in	445
effect, shall be confirmed by the taxing authority.	446

(MM) "Subdivision" means any of the following:

447

(1) A county, including a county that has adopted a charter	448
under Article X, Ohio Constitution;	449

(2) A municipal corporation, including a municipal	450
corporation that has adopted a charter under Article XVIII, Ohio	451
Constitution;	452

(3) A school district;

453

(4) A regional water and sewer district organized under	454
Chapter 6119. of the Revised Code;	455

(5) A joint township hospital district organized under	456
section 513.07 of the Revised Code;	457

(6) A joint ambulance district organized under section 505.71	458
of the Revised Code;	459

(7) A joint recreation district organized under division (C)	460
of section 755.14 of the Revised Code;	461

(8) A detention facility district organized under section	462
2152.41, a district organized under section 2151.65, or a combined	463
district organized under sections 2152.41 and 2151.65 of the	464
Revised Code;	465

(9) A township police district organized under section 505.48	466
of the Revised Code;	467

(10) A township;

468

(11) A joint fire district organized under section 505.371 of	469
the Revised Code;	470

(12) A county library district created under section 3375.19	471
or a regional library district created under section 3375.28 of	472
the Revised Code;	473

(13) A joint solid waste management district organized under	474
section 343.01 or 343.012 of the Revised Code;	475

(14) A joint emergency medical services district organized	476
under section 307.052 of the Revised Code;	477

(15) A fire and ambulance district organized under section	478
505.375 of the Revised Code;	479

(16) A fire district organized under division (C) of section	480
505.37 of the Revised Code;	481

(17) Any other political subdivision or taxing district or	482
other local public body or agency authorized by this chapter or	483
other laws to issue Chapter 133. securities.	484

(NN) "Taxing authority" means in the case of the following	485
subdivisions:	486

(1) A county, a county library district, or a regional	487
library district, the board or boards of county commissioners, or	488
other legislative authority of a county that has adopted a charter	489
under Article X, Ohio Constitution, but with respect to such a	490
library district acting solely as agent for the board of trustees	491
of that district;	492

(2) A municipal corporation, the legislative authority;

493

(3) A school district, the board of education;

494

(4) A regional water and sewer district, a joint ambulance	495
district, a joint recreation district, a fire and ambulance	496
district, or a joint fire district, the board of trustees of the	497
district;	498

(5) A joint township hospital district, the joint township	499
hospital board;	500

(6) A detention facility district or a district organized	501
under section 2151.65 of the Revised Code, a combined district	502
organized under sections 2152.41 and 2151.65 of the Revised Code,	503
or a joint emergency medical services district, the joint board of	504
county commissioners;	505

(7) A township, a fire district organized under division (C)	506
of section 505.37 of the Revised Code, or a township police	507
district, the board of township trustees;	508

(8) A joint solid waste management district organized under	509
section 343.01 or 343.012 of the Revised Code, the board of	510
directors of the district;	511

(9) A subdivision described in division (MM)(17) of this	512
section, the legislative or governing body or official.	513

(OO) "Tax limitation" means the "ten-mill limitation" as	514
defined in section 5705.02 of the Revised Code without diminution	515
by reason of section 5705.313 of the Revised Code or otherwise,	516
or, in the case of a municipal corporation or county with a	517
different charter limitation on property taxes levied to pay debt	518
charges on unvoted securities, that charter limitation. Those	519
limitations shall be respectively referred to as the "ten-mill	520
limitation" and the "charter tax limitation."	521

(PP) "Tax valuation" means the aggregate of the valuations of	522
property subject to ad valorem property taxation by the	523
subdivision on the real property, personal property, and public	524
utility property tax lists and duplicates most recently certified	525
for collection, and shall be calculated without deductions of the	526
valuations of otherwise taxable property exempt in whole or in	527
part from taxation by reason of exemptions of certain amounts of	528
taxable value under division (C) of section 5709.01 or section	529
323.152 of the Revised Code, or similar laws now or in the future	530
in effect.	531

(QQ) "Year" means the calendar year.

532

(RR) "Interest rate hedge" means any arrangement by which	533
either:	534

(1) The different interest costs or receipts at fixed	535
interest rates and at floating interest rates, or at different	536
maturities, are exchanged on stated amounts of bonds or	537
investments, or on notional amounts;	538

(2) A party will pay interest costs in excess of an agreed	539
limitation.	540

(SS) "Administrative agent," "agent," "commercial paper,"	541
"floating rate interest structure," "indexing agent," "interest	542
rate period," "put arrangement," and "remarketing agent" have the	543
same meanings as in section 9.98 of the Revised Code.	544

(TT) "Sales tax supported" means obligations to the payment	545
of debt charges on which an additional sales tax or additional	546
sales taxes have been pledged by the taxing authority of a county	547
pursuant to section 133.081 of the Revised Code.	548

Sec. 133.27.  (A) Chapter 133. securities shall be signed on	549
behalf of the subdivision as follows:	550

(1) In the case of a municipal corporation, by the mayor or	551
other chief executive officer and by the fiscal officer, or by	552
suchany other officers aswho are designated to sign by the	553
charter or legislation of its taxing authority;	554

(2) In the case of a county, by at least two members of its	555
taxing authority and by the county auditor, or, in the case of a	556
charter county, by suchthose officers of the county aswho are	557
designated to sign by the charter or legislation of its taxing	558
authority;	559

(3) In the case of a school district, by the president or	560
vice-president of the board of education and by its fiscal	561
officer;	562

(4) In the case of a township, by at least two township	563
trustees and by the township clerkfiscal officer;	564

(5) In the case of a subdivision not referred to in divisions	565
(B)(1) to (4) of this section, by the officer of the subdivision	566
or taxing authority designated to sign by other law or, if there	567
is no such other law designating an officer, by the legislation	568
authorizing the securities.	569

(B) If an officer designated to sign securities or interest	570
coupons pursuant to division (A) or (E) of this section is for any	571
reason unable or unavailable to so sign, another officer of the	572
subdivision or taxing authority, designated by legislation passed	573
by the taxing authority, may sign instead of that officer.	574

(C) All signatures required by this section may be facsimile	575
signatures as provided for by sections 9.10, 9.11, and 9.96 of the	576
Revised Code, unless the securities are issued in other than fully	577
registered form, in which case at least one such signature shall	578
be a manual signature.	579

(D) If an officer who has signed, manually or by facsimile	580
signature, any securities of a subdivision ceases to be such	581
officer before the securities so signed have been actually	582
delivered, the securities may nevertheless be issued and delivered	583
as though the person who has so signed the securities had not	584
ceased to be such officer. Any securities may be signed as	585
provided in this section, on behalf of the subdivision, by an	586
officer who is the proper officer of the subdivision or taxing	587
authority on the actual date of signing of the securities,	588
notwithstanding the fact that at the date of the securities or on	589
the date of delivery of the securities that person was or is not	590
suchthe proper officer of the subdivision.	591

(E) Securities, other than fully registered securities, may,	592
in the discretion of the taxing authority, have interest coupons	593
attached or otherwise appertaining. The interest coupons shall be	594
signed on behalf of the subdivision by the manual or facsimile	595
signature of its fiscal officer.	596

Sec. 149.42.  There is hereby created in each township a	597
township records commission, composed of the chairmanchairperson	598
of the board of township trustees and the clerkfiscal officer of	599
the township. The commission shall meet at least once every twelve	600
months, and upon call of the chairperson.	601

The function of the commission shall be to review	602
applications for one-time records disposal and schedules of	603
records retention and disposition submitted by township offices.	604
Records may be disposed of by the commission pursuant to the	605
procedure outlined in this section. The commission may at any time	606
review any schedule it has previously approved, and for good cause	607
shown may revise that schedule.	608

When township records have been approved for disposal, a list	609
of suchthe records shall be sent to the auditor of state. If the	610
auditor of state disapproves of the action by the commission, in	611
whole or in part, the auditor of state shall so inform the	612
commission within a period of sixty days, and these records shall	613
not be destroyed. Before public records are disposed of, the Ohio	614
historical society shall be informed and given the opportunity for	615
a period of sixty days to select for its custody suchthose public	616
records as it considers to be of continuing historical value.	617

Sec. 301.01.  When a petition, memorial, or remonstrance is	618
presented to the general assembly for or against the erection of a	619
new county, or for the location or relocation of a county seat,	620
the petitioners must be eighteen years of age and resident	621
taxpayers or voters within the several townships in which they	622
reside. The petition shall set forth the name of the township and	623
county in which the petitioners reside, and that their residence	624
is within or out of the bounds of the proposed new county, as the	625
case may be. The foregoing requirements shall be proven by the	626
certificate of a township clerkfiscal officer or by the oath of a	627
respectable freeholder or voter, certified by a person authorized	628
to administer oaths. SuchThe certificate or oath shall specify on	629
the petition, memorial, or remonstrance the number of signers	630
there were to suchthe paper at the time of the certifying or	631
oath.	632

Sec. 306.32.  Any county, or any two or more counties,	633
municipal corporations, or townships, or any combination thereof	634
of these, may create a regional transit authority by the adoption	635
of a resolution or ordinance by the board of county commissioners	636
of each county, the legislative authority of each municipal	637
corporation, and the board of township trustees of each township	638
which is to create or to join in the creation of the regional	639
transit authority. SuchThe resolution or ordinance shall state:	640

(A) The necessity for the creation of a regional transit	641
authority;	642

(B) The counties, municipal corporations, or townships which	643
are to create or to join in the creation of the regional transit	644
authority;	645

(C) The official name by which the regional transit authority	646
shall be known;	647

(D) The place in which the principal office of the regional	648
transit authority will be located or the manner in which it may be	649
selected;	650

(E) The number, term, and compensation, or method for	651
establishing compensation, of the members of the board of trustees	652
of the regional transit authority. Compensation shall not exceed	653
fifty dollars for each board and committee meeting attended by a	654
member, except that if compensation is provided annually it shall	655
not exceed six thousand dollars for the president of the board or	656
four thousand eight hundred dollars for each other board member.	657

(F) The manner in which vacancies on the board of trustees of	658
the regional transit authority shall be filled;	659

(G) The manner and to what extent the expenses of the	660
regional transit authority shall be apportioned among the	661
counties, municipal corporations, and townships creating it;	662

(H) The purposes, including the kinds of transit facilities,	663
for which the regional transit authority is organized.	664

The regional transit authority provided for in suchthe	665
resolution or ordinance shall be deemed to be created upon the	666
adoption of suchthe resolution or ordinance by the board of	667
county commissioners of each county, the legislative authority of	668
each municipal corporation, and the board of township trustees of	669
each township enumerated in the resolution or ordinance.	670

The resolution or ordinance creating a regional transit	671
authority may be amended to include additional counties, municipal	672
corporations, or townships or for any other purpose, by the	673
adoption of suchthe amendment by the board of county	674
commissioners of each county, the legislative authority of each	675
municipal corporation, and the board of township trustees of each	676
township which has created or joined or proposes to join the	677
regional transit authority.	678

After each county, municipal corporation, and township which	679
has created or joined or proposes to join the regional transit	680
authority has adopted its resolution or ordinance approving	681
inclusion of additional counties, municipal corporations, or	682
townships in suchthe regional transit authority, a copy of each	683
such resolution or ordinance shall be filed with the clerk of the	684
board of the county commissioners of each county, the clerk of the	685
legislative authority of each municipal corporation, and the	686
fiscal officer of the board of trustees of each township proposed	687
to be included in the regional transit authority. SuchThe	688
inclusion is effective when all such filing has been completed,	689
unless the regional transit authority to which territory is to be	690
added has authority to levy an ad valorem tax on property, or a	691
sales tax, within its territorial boundaries, in which event such	692
the inclusion shall become effective on the sixtieth day after the	693
last such filing is accomplished, unless, prior to the expiration	694
of suchthe sixty-day period, qualified electors residing in the	695
area proposed to be added to the regional transit authority, equal	696
in number to at least ten per cent of the qualified electors from	697
suchthe area who voted for governor at the last gubernatorial	698
election, file a petition of referendum against suchthe	699
inclusion. Any petition of referendum filed under this section	700
shall be filed at the office of the secretary of the board of	701
trustees of the regional transit authority. The person presenting	702
the petition shall be given a receipt containing thereonon it the	703
time of the day, the date, and the purpose of the petition. The	704
secretary of the board of trustees of the regional transit	705
authority shall cause the appropriate board or boards of elections	706
to check the sufficiency of signatures on any petition of	707
referendum filed under this section and, if found to be	708
sufficient, shall present the petition to the board of trustees at	709
a meeting of said board which occurs not later than thirty days	710
following the filing of said petition. Upon presentation to the	711
board of trustees of a petition of referendum against the proposed	712
inclusion, the board of trustees shall promptly certify the	713
proposal to the board or boards of elections for the purpose of	714
having the proposal placed on the ballot at the next general or	715
primary election which occurs not less than seventy-five days	716
after the date of the meeting of said board, or at a special	717
election, the date of which shall be specified in the	718
certification, which date shall be not less than seventy-five days	719
after the date of such meeting of the board. Signatures on a	720
petition of referendum may be withdrawn up to and including the	721
meeting of the board of trustees certifying the proposal to the	722
appropriate board or boards of elections. If territory of more	723
than one county, municipal corporation, or township is to be added	724
to the regional transit authority, the electors of suchthe	725
territories of the counties, municipal corporations, or townships	726
which are to be added shall vote as a district, and the majority	727
affirmative vote shall be determined by the vote cast in suchthe	728
district as a whole. Upon certification of a proposal to the	729
appropriate board or boards of elections pursuant to this section,	730
suchthe board or boards of election shall make the necessary	731
arrangements for the submission of such questionsthe question to	732
the electors of the territory to be added to the regional transit	733
authority qualified to vote thereonon the question, and the	734
election shall be held, canvassed, and certified in the manner	735
provided for the submission of tax levies under section 5705.191	736
of the Revised Code, except that the question appearing on the	737
ballot shall read:	738

"Shall the territory within the .........................	739
(Name or names of political subdivisions to be joined) be added to	740
.................................. (Name) regional transit	741
authority?" and shall a(n) .......... (here insert type of tax or	742
taxes) at a rate of taxation not to exceed ..... (here insert	743
maximum tax rate or rates) be levied for all transit purposes?"	744

If the question is approved by at least a majority of the	745
electors voting on suchthe question, suchthe joinder is	746
immediately effective, and the regional transit authority may	747
extend the levy of suchthe tax against all the taxable property	748
within the territory which has been added. If suchthe question is	749
approved at a general election or at a special election occurring	750
prior theretoto the general election but after the fifteenth day	751
of July, the regional transit authority may amend its budget and	752
resolution adopted pursuant to section 5705.34 of the Revised	753
Code, and suchthe levy shall be placed on the current tax list	754
and duplicate and collected as other taxes are collected from all	755
taxable property within the territorial boundaries of the regional	756
transit authority, including the territory within each political	757
subdivision added as a result of suchthe election.	758

The territorial boundaries of a regional transit authority	759
shall be coextensive with the territorial boundaries of the	760
counties, municipal corporations, and townships included within	761
the regional transit authority, provided that the same area may be	762
included in more than one regional transit authority so long as	763
the regional transit authorities are not organized for purposes as	764
provided for in the resolutions or ordinances creating the same,	765
and any amendments theretoto them, relating to the same kinds of	766
transit facilities; and provided further, that if a regional	767
transit authority includes only a portion of an entire county, a	768
regional transit authority for the same purposes may be created in	769
the remaining portion of the same county by resolution of the	770
board of county commissioners acting alone or in conjunction with	771
municipal corporations and townships as provided in this section.	772

No regional transit authority shall be organized after	773
January 1, 1975, to include any area already included in a	774
regional transit authority, except that any regional transit	775
authority organized after the effective date of this sectionJune	776
29, 1974, and having territorial boundaries entirely within a	777
single county shall, upon adoption by the board of county	778
commissioners of suchthe county of a resolution creating a	779
regional transit authority including within its territorial	780
jurisdiction the existing regional transit authority and for	781
purposes including the purposes for which suchthe existing	782
regional transit authority was created, be dissolved and its	783
territory included in such new regional transit authority. Any	784
resolution creating such a new regional transit authority shall	785
make adequate provision for satisfaction of the obligations of the	786
dissolved regional transit authority.	787

Sec. 306.321.  The resolution or ordinance creating a	788
regional transit authority may be amended to include additional	789
counties, municipal corporations, or townships by the adoption of	790
suchan amendment by the board of county commissioners of each	791
county, the legislative authority of each municipal corporation,	792
and the board of township trustees of each township which has	793
created or theretofore, prior to the adoption of the amendment,	794
joined or proposes to join the regional transit authority.	795

After each county, municipal corporation, and township which	796
has created or theretofore, prior to the adoption of the	797
amendment, joined or proposes to join the regional transit	798
authority has adopted its resolution or ordinance approving	799
inclusion of additional counties, municipal corporations, or	800
townships in suchthe regional transit authority, a copy of each	801
such resolution or ordinance shall be filed with the clerk of the	802
board of the county commissioners of each county, the clerk of the	803
legislative authority of each municipal corporation, and the	804
fiscal officer of the board of trustees of each township proposed	805
to be included in the regional transit authority.	806

Any ordinances or resolutions adopted pursuant to this	807
section approving inclusion of additional counties, municipal	808
corporations, or townships in suchthe regional transit authority	809
shall provide that the board of trustees of suchthe regional	810
transit authority must, not later than the tenth day following the	811
day on which the filing of the ordinances or resolutions, as	812
required by the immediately preceding paragraph, is completed,	813
adopt its resolution providing for submission to the electors of	814
the regional transit authority as enlarged, of the question	815
pursuant to section 306.49 of the Revised Code, of the renewal,	816
the renewal and increase, or the increase of, or the imposition of	817
an additional, ad valorem tax, or of the question pursuant to	818
section 306.70 of the Revised Code, of the renewal, the renewal	819
and increase, or the increase of, or the imposition of an	820
additional, sales and use tax. The resolution submitting the	821
question of the tax shall specify the date of the election, which	822
shall be not less than seventy-five days after certification of	823
suchthe resolution to the board of elections and which shall be	824
consistent with the requirements of section 3501.01 of the Revised	825
Code. The inclusion of the territory of the additional counties,	826
municipal corporations, or townships in the regional transit	827
authority shall be effective as of the date on which the	828
resolution of the board of trustees of the regional transit	829
authority is adopted submitting the question to the electors,	830
provided that until the question is approved, existing contracts	831
providing payment for transit services within the added territory	832
shall remain in effect and transit services shall not be affected	833
by the inclusion of the additional territory. The resolution shall	834
be certified to the board of elections and the election shall be	835
held, canvassed, and certified as provided in section 306.49 of	836
the Revised Code in the case of an ad valorem tax or in section	837
306.70 of the Revised Code in the case of a sales and use tax.	838

If the question of the tax which is submitted is not approved	839
by a majority of the electors of the enlarged regional transit	840
authority voting thereonon the question, as of the day following	841
the day on which the results of suchthe election become	842
conclusive, the additional counties, municipal corporations, or	843
townships, which had been included in the regional transit	844
authority as of the date of the adoption of the resolution	845
submitting to the electors the question, shall be removed from the	846
territory of suchthe regional transit authority and shall no	847
longer be a part of that authority without any further action by	848
either the political subdivisions which were included in the	849
authority prior to the adoption of the resolution submitting the	850
question to the electors or of the political subdivisions added to	851
the authority as a result of the adoption of suchthe resolution.	852
The regional transit authority reduced to its territory as it	853
existed prior to the inclusion of the additional counties,	854
municipal corporations, or townships, shall be entitled to levy	855
and collect any ad valorem or sales and use taxes which it was	856
authorized to levy and collect prior to the enlargement of its	857
territory and for which authorization has not expired, as if such	858
the enlargement had not occurred.	859

If the question of the tax which is submitted provides for a	860
sales and use tax to be imposed and the question is approved, and	861
the regional transit authority had previously been authorized	862
pursuant to section 306.49 of the Revised Code to levy an ad	863
valorem tax, then the regional transit authority shall appropriate	864
from the first moneys received from suchthe sales and use tax in	865
each year, the full amount required in order to pay the principal	866
of and interest on any notes of the regional transit authority	867
issued pursuant to section 306.49 of the Revised Code, in	868
anticipation of the collection of suchthe ad valorem tax; and	869
shall not thereafter levy and collect the ad valorem tax	870
previously approved unless suchthe levy and collection is	871
necessary to pay the principal of and interest on notes issued in	872
anticipation of suchthe tax in order to avoid impairing the	873
obligation of the contract between the regional transit authority	874
and the note holders.	875

If the question of the additional or renewal tax levy is	876
approved, then suchthe tax may be levied and collected as is	877
otherwise provided for an ad valorem tax or a sales and use tax	878
imposed by a regional transit authority, provided that if a	879
question relating to an ad valorem tax is approved at the general	880
election or at a special election occurring prior theretoto a	881
general election, but after the fifteenth day of July, the	882
regional transit authority may amend its budget for its next	883
fiscal year and its resolution adopted pursuant to section 5705.34	884
of the Revised Code or adopt such resolution, and suchthe levy	885
shall be placed on the current tax list and duplicate and	886
collected as all other taxes are collected from all taxable	887
property within the enlarged territory of the regional transit	888
authority including the territory within each political	889
subdivision which has been added to the regional transit authority	890
pursuant to this section, provided further that if a question	891
relating to sales and use tax is approved after the fifteenth day	892
of July in any calendar year, the regional transit authority may	893
amend its budget for the current and next fiscal year and any	894
resolution adopted pursuant to section 5705.34 of the Revised	895
Code, to reflect the imposition of suchthe sales and use tax and	896
shall amend its budget for the next fiscal year and any resolution	897
adopted pursuant to section 5705.34 of the Revised Code to comply	898
with the immediately preceding paragraph. If the budget of the	899
regional transit authority is amended pursuant to this paragraph,	900
the county auditor shall prepare and deliver an amended	901
certificate of estimated resources to reflect the change in	902
anticipated revenues of the regional transit authority.	903

The procedures of this section are in addition to and an	904
alternative to those established in section 306.32 of the Revised	905
Code for joining to a regional transit authority additional	906
counties, municipal corporations, or townships.	907

Sec. 319.51.  On the erection of a new township in the	908
county, the county auditor shall open an account with it, and, at	909
histhe auditor's next semiannual settlement, credit it with all	910
moneys for taxes collected in or distributable to the territory	911
included in suchthe new township, making corresponding deductions	912
from the townships from which it was taken. The moneys so credited	913
shall be drawn by warrants in favor of the township clerkfiscal	914
officer of the new township.	915

Sec. 321.31.  Immediately after each settlement with the	916
county auditor, on demand, and on presentation of the warrant of	917
the auditor therefor, the county treasurer shall pay to the	918
township clerkfiscal officer, or the treasurer of a municipal	919
corporation, school district, or any board authorized by law to	920
receive the funds or proceeds of any special tax levy, or other	921
properly designated officers delegated by the boards and	922
subdivisions to receive such funds or proceeds, all moneys in the	923
county treasury payable to such boards and subdivisions.	924
Delinquent taxes, interest, and penalties are payable in the	925
proportions prescribed in section 319.45 of the Revised Code.	926

Sec. 321.32.  If a township clerkfiscal officer or other	927
proper officer so requires, or the board of township trustees, the	928
legislative authority of a municipal corporation, or the board of	929
education of a school district, respectively, directs, the moneys	930
described in section 321.31 of the Revised Code shall remain in	931
the county treasury, to be drawn by the proper officer on the	932
warrant of the county auditor, in sums of not less than one	933
hundred dollars.	934

If a county treasurer retains, or if a local officer permits	935
suchthe moneys to remain in the treasury, in any manner other	936
than as provided by this section, hethe county treasurer or local	937
officer shall forfeit and pay for suchthe offense not less than	938
one hundred nor more than one thousand dollars, to be recovered in	939
an action at the suit of the state, for the use of the county.	940

Sec. 321.34.  (A)(1) When the local authorities by resolution	941
so request, the county auditor shall pay township clerksfiscal	942
officers, treasurers of municipal corporations, the treasurer of	943
any board of education, and the treasurer of any other political	944
subdivision or taxing district whose funds derived from taxes or	945
other sources are payable by law to the county treasurer, any	946
money that may be in the county treasury to the accounts of such	947
the local authorities, respectively, and lawfully applicable to	948
the purpose of the current fiscal year in which suchthe request	949
is made. The auditor and county treasurer shall retain any amounts	950
needed to make suchthe payments of obligations of local political	951
subdivisions or taxing districts as are required by law to be paid	952
directly by the county authorities.	953

(2)(a) For purposes of this section, in addition to the	954
moneys payable under division (A)(1) of this section, money in the	955
county treasury to the account of a board of education that is to	956
be included in the settlement required under division (C) of	957
section 321.24 of the Revised Code shall be paid to the treasurer	958
when the board of education, by resolution, so requests.	959

(b) SuchThe money becomes lawfully applicable to the	960
purposes of the fiscal year in which the request is made upon the	961
adoption of the resolution making the request if that resolution	962
specifies the board's intent to use the money for the purposes of	963
the fiscal year in which the request is made.	964

(B) The auditor, in making suchthe advance payment, shall	965
draw separate warrants for the payments for that part of the funds	966
allocated to the general fund of the subdivision and the part	967
allocated to service the debt charges of the subdivision. That	968
part of the advance payment allocated to the servicing of debt	969
charges shall be payable to the officer, board of trustees, or	970
commission of the subdivision charged with the payment and	971
retirement of the bonds and notes of such subdivision, and shall	972
be used for no other purpose. Any officer, board, or commission	973
receiving suchthe advance payment shall return a certificate, in	974
the form prescribed by the tax commissioner, to the auditor that	975
the funds so advanced and received have been paid into the bond	976
retirement fund.	977

(C) Upon the request, in like form, of any board of public	978
library trustees or board of township park commissioners for which	979
a share of the undivided classified property taxes collected in	980
the county has been allowed and fixed by the budget commission,	981
the auditor may, prior to the first day of April, in any year, pay	982
to the treasurer of suchthe board, from any undivided tax funds	983
in the county treasury, an amount not exceeding twenty-five per	984
cent of the board's share of suchthe undivided classified	985
property taxes; but the auditor and county treasurer shall retain	986
an amount sufficient to meet all other requests for payments which	987
have been made under this section or can be reasonably anticipated	988
prior to such first day of April. On or after the first day of	989
April, all amounts paid out of undivided tax funds shall be	990
reimbursed to the funds from which they have been paid and charged	991
against the share of suchthe board of library trustees or board	992
of township park commissioners in the undivided classified	993
property tax fund.	994

Sec. 345.01.  The taxing authority of any municipal	995
corporation, township, or county, at any time not less than one	996
hundred days prior to a general election in any year, by a vote of	997
two-thirds of all members of the taxing authority, may, and upon	998
presentation to the clerk or fiscal officer, as the case may be,	999
of suchthe taxing authority of a petition signed by not less than	1000
two per cent of the electors of the political subdivision, as	1001
shown at the preceding general election held in the subdivision,	1002
shall, declare by resolution that the amount of taxes which may be	1003
raised within the ten-mill limitation will be insufficient to	1004
provide an adequate amount for the necessary requirements of such	1005
the subdivision, and that it is necessary to levy taxes in excess	1006
of suchthe limitation for either or both of the following	1007
purposes:	1008

(A) For purchasing a site, and for erecting, equipping, and	1009
furnishing, or for establishing a memorial to commemorate the	1010
services of all members and veterans of the armed forces of the	1011
United States;	1012

(B) For the operation and maintenance of a memorial, and for	1013
the functions related theretoto it.	1014

SuchThe resolution shall be confined to the purposes set	1015
forth in this sectionssection, and shall specify the amount of	1016
increase in rate which it is necessary to levy, the purpose of the	1017
rate increase, and the number of years during which suchthe	1018
increase shall be in effect. The increase may include a levy upon	1019
the tax duplicate of the current year. The number of years shall	1020
be any number not exceeding ten. The question of an increase in	1021
tax rate under divisions (A) and (B) of this section may be	1022
submitted to the electors on one ballot.	1023

The total tax for the purposes included in this section shall	1024
not, in any year, exceed one mill of each dollar of valuation.	1025

SuchThe resolution shall go into immediate effect upon its	1026
passage, and no publication of the resolution, other than that	1027
provided for in the notice of election, shall be necessary.	1028

Sec. 503.162.  (A) After certification of a resolution as	1029
provided in section 503.161 of the Revised Code, the board of	1030
elections shall submit the question of whether the township's name	1031
shall be changed to the electors of the unincorporated area of the	1032
township in accordance with division (C) of that section, and the	1033
ballot language shall be substantially as follows:	1034

"Shall the township of .......... (name) change its name to	1035
........ (proposed name)?	1036

.......... For name change

1037

.......... Against name change"

1038

(B) At least forty-five days before the election on this	1039
question, the board of township trustees shall provide notice of	1040
the election and an explanation of the proposed name change in a	1041
newspaper of general circulation in the township for three	1042
consecutive weeks and shall post the notice and explanation in	1043
five conspicuous places in the unincorporated area of the	1044
township.	1045

(C) If a majority of the votes cast on the proposition of	1046
changing the township's name is in the affirmative, the name	1047
change is adopted and becomes effective ninety days after the	1048
board of elections certifies the election results to the clerk	1049
fiscal officer of the township. Upon receipt of the certification	1050
of the election results from the board of elections, the clerk	1051
fiscal officer of the township shall send a copy of that	1052
certification to the secretary of state.	1053

(D) A change in the name of a township shall not alter the	1054
rights or liabilities of the township as previously named.	1055

Sec. 503.25. Forthwith,Immediately after the election or	1056
appointment of township officers as provided by sections 503.22 to	1057
503.24, inclusive, of the Revised Code, the township clerkfiscal	1058
officer shall make a list of all the officers elected or	1059
appointed, stating the offices to which each is chosen or	1060
appointed, and hethe fiscal officer shall add theretoto the list	1061
a requisition that suchthe officers appear before himthe fiscal	1062
officer, or some other officer authorized to administer oaths,	1063
give bond, and take the oath of office prescribed by sections 3.22	1064
and 3.23 of the Revised Code and Section 7 of Article XV, Ohio	1065
Constitution.	1066

Such clerkThe fiscal officer shall forthwithimmediately	1067
make service of, or deliver to any constable of the township who	1068
shall make service of, a copy of suchthe list and requisition by	1069
delivering it to each person so elected or appointed. SuchThe	1070
list and requisition, with the time and manner of service thereon	1071
on it, shall be returned and filed in the office of the clerk	1072
fiscal officer.	1073

Sec. 503.26.  If a person elected or appointed to a township	1074
office takes the oath of office required by section 503.25 of the	1075
Revised Code before an officer other than the township clerk	1076
fiscal officer, the officer before whom it is taken, forthwith,	1077
shall immediately deposit with the clerkfiscal officer a	1078
certificate of suchthe oath. Such clerkThe fiscal officer shall	1079
make a record of all official oaths.	1080

Sec. 503.29.  Resolutions of the type described in division	1081
(B) of section 503.65 of the Revised Code may be proposed by	1082
initiative petition by the electors of a township and adopted by	1083
election by these electors, under the same circumstances, in the	1084
same manner, and subject to the same penalties as provided in	1085
sections 731.28 to 731.40 and section 731.99 of the Revised Code	1086
for ordinances and other measures of municipal corporations,	1087
insofar as those sections are applicable to townships, except as	1088
follows:	1089

(A) The board of township trustees shall perform the duties	1090
imposed on the legislative authority of the municipal corporation	1091
under those sections.	1092

(B) Initiative petitions shall be filed with the township	1093
clerkfiscal officer, who shall perform the duties imposed under	1094
those sections upon the city auditor or village clerk.	1095

(C) Initiative petitions shall contain the signatures of	1096
electors of the township equal in number to at least ten per cent	1097
of the total vote cast in the township for the office of governor	1098
at the most recent general election for that office.	1099

(D) Each signer of an initiative petition shall be an elector	1100
of the township in which the election on the proposed resolution	1101
is to be held.	1102

Sec. 503.41.  (A) A board of township trustees, by	1103
resolution, may regulate and require the registration of massage	1104
establishments and their employees within the unincorporated	1105
territory of the township. In accordance with sections 503.40 to	1106
503.49 of the Revised Code, for that purpose, the board, by a	1107
majority vote of all members, may adopt, amend, administer, and	1108
enforce regulations within the unincorporated territory of the	1109
township.	1110

(B) A board may adopt regulations and amendments under this	1111
section only after public hearing at not fewer than two regular	1112
sessions of the board. The board shall cause to be published in at	1113
least one newspaper of general circulation in the township notice	1114
of the public hearings, including the time, date, and place, once	1115
a week for two weeks immediately preceding the hearings. The board	1116
shall make available proposed regulations or amendments to the	1117
public at the office of the board.	1118

(C) Regulations or amendments adopted by the board are	1119
effective thirty days after the date of adoption unless, within	1120
thirty days after the adoption of the regulations or amendments,	1121
the township clerkfiscal officer receives a petition, signed by a	1122
number of qualified electors residing in the unincorporated area	1123
of the township equal to not less than ten per cent of the total	1124
vote cast for all candidates for governor in the area at the most	1125
recent general election at which a governor was elected,	1126
requesting the board to submit the regulations or amendments to	1127
the electors of the area for approval or rejection at the next	1128
primary or general election occurring at least seventy-five days	1129
after the board receives the petition.	1130

No regulation or amendment for which the referendum vote has	1131
been requested is effective unless a majority of the vote cast on	1132
the issue is in favor of the regulation or amendment. Upon	1133
certification by the board of elections that a majority of the	1134
votes cast on the issue was in favor of the regulation or	1135
amendment, the regulation or amendment takes immediate effect.	1136

(D) The board shall make available regulations it adopts or	1137
amends to the public at the office of the board and shall cause to	1138
be published a notice of the availability of the regulations in at	1139
least one newspaper of general circulation in the township within	1140
ten days after their adoption or amendment.	1141

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	1142
shall be construed to allow a board of township trustees to	1143
regulate the practice of any limited branch of medicine specified	1144
in section 4731.15 of the Revised Code or the practice of	1145
providing therapeutic massage by a licensed physician, a licensed	1146
chiropractor, a licensed podiatrist, a licensed nurse, or any	1147
other licensed health professional. As used in this division,	1148
"licensed" means licensed, certified, or registered to practice in	1149
this state.	1150

Sec. 503.52.  (A) A board of township trustees, by	1151
resolution, may regulate and require the registration of adult	1152
cabarets within the unincorporated territory of the township. In	1153
accordance with sections 503.51 to 503.59 of the Revised Code, for	1154
that purpose, the board, by a majority vote of all members, may	1155
adopt, amend, administer, and enforce regulations within the	1156
unincorporated territory of the township.	1157

(B) A board may adopt regulations and amendments under this	1158
section only after public hearing at not fewer than two regular	1159
sessions of the board. The board shall cause to be published in at	1160
least one newspaper of general circulation in the township notice	1161
of the public hearings, including the time, date, and place, once	1162
a week for two weeks immediately preceding the hearings. The board	1163
shall make available proposed regulations or amendments to the	1164
public at the office of the board.	1165

(C) Regulations or amendments adopted by the board are	1166
effective thirty days after the date of adoption unless, within	1167
thirty days after the adoption of the regulations or amendments,	1168
the township clerkfiscal officer receives a petition, signed by a	1169
number of qualified electors residing in the unincorporated area	1170
of the township equal to not less than ten per cent of the total	1171
number of votes cast in that area for all candidates for the	1172
office of governor at the most recent general election for that	1173
office, requesting the board to submit the regulations or	1174
amendments to the electors of the area for approval or rejection	1175
at the next primary or general election occurring at least	1176
seventy-five days after the board receives the petition.	1177

No regulation or amendment for which the referendum vote has	1178
been requested is effective unless a majority of the votes cast on	1179
the issue is in favor of the regulation or amendment. Upon	1180
certification by the board of elections that a majority of the	1181
votes cast on the issue was in favor of the regulation or	1182
amendment, the regulation or amendment takes immediate effect.	1183

(D) The board shall make available regulations it adopts or	1184
amends to the public at the office of the board and shall cause to	1185
be published a notice of the availability of the regulations in at	1186
least one newspaper of general circulation in the township within	1187
ten days after their adoption or amendment.	1188

Sec. 504.06.  (A) Peace officers serving the township	1189
pursuant to section 504.16 of the Revised Code may issue citations	1190
to persons who violate township resolutions adopted pursuant to	1191
this chapter. Each such citation shall contain provisions that:	1192

(1) Advise the person upon whom it is served that the person	1193
must answer in relation to the violation charged in the citation	1194
within fourteen days after the citation is served upon himthe	1195
person;	1196

(2) Indicate the allowable answers that may be made and that	1197
the person will be afforded a court hearing if hethe person	1198
denies in histhe person's answer that hehaving committed the	1199
violation;	1200

(3) Specify that the answer must be made in person or by mail	1201
to the township clerkfiscal officer;	1202

(4) Indicate the amount of the fine that arises from the	1203
violation.	1204

(B) A peace officer who issues a citation for a violation of	1205
a township resolution shall complete the citation by identifying	1206
the violation charged and by indicating the date, time, and place	1207
of the violation charged. The officer shall sign the citation,	1208
affirm the facts that it contains, and without unnecessary delay	1209
file the original citation with the court having jurisdiction over	1210
the violation. A copy of a citation issued pursuant to this	1211
section shall be served pursuant to the Rules of Civil Procedure	1212
upon the person who violated the resolution. No peace officer is	1213
entitled to receive witness fees in a cause prosecuted under a	1214
township resolution adopted pursuant to this chapter.	1215

Sec. 504.07.  (A)(1) A person who is served with a citation	1216
pursuant to division (B) of section 504.06 of the Revised Code	1217
shall answer the charge by personal appearance before, or by mail	1218
addressed to, the township clerkfiscal officer, who shall	1219
immediately notify the township law director. An answer shall be	1220
made within fourteen days after the citation is served upon the	1221
person and shall be in one of the following forms:	1222

(a) An admission that the person committed the violation, by	1223
payment of any fine arising from the violation. Payment of a fine	1224
pursuant to division (A)(1)(a) of this section shall be payable to	1225
the clerkfiscal officer of the township and deposited by the	1226
clerkfiscal officer into the township general fund.	1227

(b) A denial that the person committed the violation.

1228

(2) Whenever a person pays a fine pursuant to division	1229
(A)(1)(a) of this section or whenever a person answers by denying	1230
the violation or does not submit payment of the fine within the	1231
time required by division (A)(1) of this section, the township	1232
clerkfiscal officer shall notify the court having jurisdiction	1233
over the violation.	1234

(B) If a person answers by denying the violation or does not	1235
submit payment of the fine within the time required by division	1236
(A)(1) of this section, the court having jurisdiction over the	1237
violation shall, upon receiving the notification required by	1238
division (A)(2) of this section, schedule a hearing on the	1239
violation and send notice of the date and time of the hearing to	1240
the person charged with the violation and to the township law	1241
director. If the person charged with the violation fails to appear	1242
for the scheduled hearing, the court may hold himthe person in	1243
contempt, or issue a summons or a warrant for histhe person's	1244
arrest pursuant to Criminal Rule 4. If the court issues a summons	1245
and the person charged with the violation fails to appear, the	1246
court may enter a default judgment against the person and require	1247
himthe person to pay the fine arising from the violation.	1248

(C) The court shall hold the scheduled hearing in accordance	1249
with the Rules of Civil Procedure and the rules of the court, and	1250
shall determine whether the township has established, by a	1251
preponderance of the evidence, that the person committed the	1252
violation. If the court determines that the person committed the	1253
violation, it shall enter a judgment against the person requiring	1254
himthe person to pay the fine arising from the violation.	1255

If the court determines that the township has not	1256
established, by a preponderance of the evidence, that the person	1257
committed the violation, the court shall enter judgment against	1258
the township whose resolution allegedly was violated, shall	1259
dismiss the charge of the violation against the person, and shall	1260
assess costs against the township.	1261

(D) Payment of any judgment or default judgment entered	1262
against a person pursuant to this section shall be made to the	1263
clerk of the court that entered the judgment, within ten days	1264
after the date of entry. All money paid in satisfaction of a	1265
judgment or default judgment shall be disbursed by the clerk as	1266
required by law, and the clerk shall enter the fact of payment of	1267
the money and its disbursement in the records of the court. If	1268
payment of a judgment or default judgment is not made within this	1269
time period, execution may be levied, and such other measures may	1270
be taken for its collection as are authorized for the collection	1271
of an unpaid money judgment in a civil action rendered in that	1272
court. The municipal or county court shall assess costs against	1273
the judgment debtor, to be paid upon satisfaction of the judgment.	1274

(E) Any person against whom a judgment or default judgment is	1275
entered pursuant to this section and any township against which a	1276
judgment is entered pursuant to this section may appeal the	1277
judgment or default judgment to the court of appeals within whose	1278
territorial jurisdiction the resolution allegedly was violated. An	1279
appeal shall be made by filing a notice of appeal with the trial	1280
court and with the court of appeals within thirty days after the	1281
entry of judgment by the trial court and by the payment of such	1282
reasonable costs as the court requires. Upon the filing of an	1283
appeal, the court shall schedule a hearing date and notify the	1284
parties of the date, time, and place of the hearing. The hearing	1285
shall be held by the court in accordance with the rules of the	1286
court. Service of a notice of appeal under this division does not	1287
stay enforcement and collection of the judgment or default	1288
judgment from which appeal is taken by the person unless the	1289
person who files the appeal posts bond with the trial court, in	1290
the amount of the judgment, plus court costs, at or before service	1291
of the notice of appeal.	1292

Notwithstanding any other provision of law, the judgment on	1293
appeal of the court of appeals is final.	1294

Sec. 504.11.  (A) The vote on the question of passage of a	1295
resolution provided for in section 504.10 of the Revised Code or a	1296
motion related to that resolution shall be taken by yeas and nays	1297
and entered on the journal, and the resolution or motion shall not	1298
be passed without concurrence of a majority of all members of the	1299
board of township trustees, except that each emergency resolution	1300
under that section shall require the affirmative vote of all of	1301
the members of the board for its enactment. If an emergency	1302
resolution fails to receive the required vote for passage as an	1303
emergency measure but receives the necessary majority for passage	1304
as a nonemergency resolution, it shall be considered passed as a	1305
nonemergency resolution. Except as otherwise provided in division	1306
(B) of this section, a resolution shall become effective thirty	1307
days after it is filed with the township clerkfiscal officer.	1308
Each emergency resolution shall determine that the resolution is	1309
necessary for the immediate preservation of the public peace,	1310
health, safety, or welfare and shall contain a statement of the	1311
necessity for the emergency. Each resolution shall be	1312
authenticated by the signature of the township clerkfiscal	1313
officer, but the failure or refusal of the clerkfiscal officer to	1314
sign a resolution shall not invalidate an otherwise properly	1315
enacted resolution.	1316

(B) Each resolution appropriating money, submitting a	1317
question to the electorate, determining to proceed with an	1318
election, or providing for the approval of a revision,	1319
codification, recodification, or rearrangement of resolutions, or	1320
publication of resolutions in book form, and any emergency	1321
resolution, shall take effect, unless a later time is specified in	1322
the resolution, ten days after it is filed with the township clerk	1323
fiscal officer.	1324

(C) Each resolution shall be recorded in a book, or other	1325
record prescribed by the board, established and maintained for	1326
that purpose. The township clerkfiscal officer or a duly	1327
authorized deputy to the clerkfiscal officer shall, upon the	1328
request of any person and upon the payment of a fee established by	1329
the board, certify true copies of any resolution, and these	1330
certified copies shall be admissible as evidence in any court.	1331

(D) The procedures provided in this section apply only to	1332
resolutions adopted pursuant to a township's limited home rule	1333
powers as authorized by this chapter.	1334

Sec. 504.12.  No resolution and no section or numbered or	1335
lettered division of a section shall be revised or amended unless	1336
the new resolution contains the entire resolution, section, or	1337
division as revised or amended, and the resolution, section, or	1338
division so amended shall be repealed. This requirement does not	1339
prevent the amendment of a resolution by the addition of a new	1340
section, or division, and in this case the full text of the former	1341
resolution need not be set forth, nor does this section prevent	1342
repeals by implication. Except in the case of a codification or	1343
recodification of resolutions, a separate vote shall be taken on	1344
each resolution proposed to be amended. Resolutions that have been	1345
introduced and have received their first reading or their first	1346
and second readings, but have not been voted on for passage, may	1347
be amended or revised by a majority vote of the members of the	1348
board of township trustees, and the amended or revised resolution	1349
need not receive additional readings.	1350

The board of township trustees of a limited home rule	1351
township may revise, codify, and publish in book form the	1352
resolutions of the township in the same manner as provided in	1353
section 731.23 of the Revised Code for municipal corporations.	1354
Resolutions adopted by the board shall be published in the same	1355
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	1356
731.26 of the Revised Code for municipal corporations, except that	1357
they shall be published in newspapers circulating within the	1358
township. The clerkfiscal officer of the township shall perform	1359
the duties that the clerk of the legislative authority of a	1360
municipal corporation is required to perform under those sections.	1361

The procedures provided in this section apply only to	1362
resolutions adopted pursuant to a township's limited home rule	1363
powers as authorized by this chapter.	1364

Sec. 504.14.  In a township that adopts a limited home rule	1365
government, resolutions may be proposed by initiative petition by	1366
the electors in the unincorporated area of the township and	1367
adopted by election by these electors, and resolutions adopted by	1368
the board of township trustees may be submitted to these electors	1369
for their approval or rejection by referendum, under the same	1370
circumstances and in the same manner as provided by sections	1371
731.28 to 731.40 of the Revised Code for municipal corporations,	1372
except that both of the following apply:	1373

(A) Initiative and referendum petitions shall be filed with	1374
the township clerkfiscal officer, who shall perform the duties	1375
imposed under those sections upon the city auditor or village	1376
clerk.	1377

(B) Initiative and referendum petitions shall contain the	1378
signatures of not less than ten per cent of the total number of	1379
electors in the unincorporated area of the township who voted for	1380
the office of governor at the most recent general election for	1381
that office in that area of the township.	1382

Sec. 504.19.  (A) The board of township trustees may prepare	1383
and adopt a general plan of water supply or sewer services. After	1384
the general plan has been approved by the board, the board	1385
immediately shall notify the board of county commissioners if	1386
territory served by a county water supply facility or a county	1387
sewer district includes territory to be covered by the plan, the	1388
legislative authority of a municipal corporation that operates a	1389
water supply or sewer system in any of the territory to be covered	1390
by the plan, and the board of trustees of any existing regional	1391
water and sewer district that includes any territory to be covered	1392
by the plan, of the township's intention to provide water supply	1393
or sewer services and shall describe the area where the township	1394
proposes to provide water supply or sewer services. The notified	1395
board of county commissioners, legislative authority of a	1396
municipal corporation, and board of trustees of the regional water	1397
and sewer district then have thirty days from the date of	1398
notifleationnotification to comment and object in writing to the	1399
township's provision of water supply or sewer services. An	1400
objection may be based on one or more of the following:	1401

(1) The county, municipal corporation, or special district	1402
already provides the proposed water supply or sewer services to	1403
the area to be served.	1404

(2) The county, municipal corporation, or special district	1405
has in its service plan provisions to provide the proposed water	1406
supply or sewer services in the future to the proposed area within	1407
a reasonable period of time.	1408

Within fifteen days after receiving objections, the board of	1409
township trustees may request in writing submitted to the	1410
objecting party that the issue of the township's provision of the	1411
proposed water supply or sewer services be mediated. The mediation	1412
shall be performed either by the Ohio commission on dispute	1413
resolution and conflict management or by having each party select	1414
a mediator and having those two mediators select a third mediator	1415
who, together with the other two mediators, shall conduct the	1416
mediation.	1417

Within forty-five days after the request for mediation is	1418
submitted, any mediation shall be completed, and any agreements	1419
reached between the parties shall be filed in writing with the	1420
parties. Thereafter, the respective governing boards may adopt the	1421
agreements, making those agreements binding on the parties, or, if	1422
one or more of the agreed-upon points is rejected, that rejection	1423
shall be considered a final decision of a governing board for	1424
purposes of Chapter 2506. of the Revised Code, and the board of	1425
township trustees may file an appeal under that chapter regarding	1426
its provision of the proposed water supply or sewer services. In	1427
addition to any findings of the court provided in section 2506.04	1428
of the Revised Code, the court may determine that the county,	1429
municipal corporation, or special district has not met the	1430
criteria specified in divisions (A)(1) and (2) of this section	1431
and, therefore, the township may provide its proposed water supply	1432
or sewer services or, in the alternative, may determine that the	1433
township could provide the proposed water supply or sewer services	1434
more expediently than the county, municipal corporation, or	1435
special district with no substantial increase in cost to the users	1436
of the water supply or sewer services and, therefore, order that	1437
the township may provide its proposed water supply or sewer	1438
services.	1439

(B) Once the board has approved a general plan of water	1440
supply or sewer services under division (A) of this section, the	1441
board shall hire an engineer to prepare detailed plans,	1442
specifications, and estimates of the cost of the improvements,	1443
together with a tentative assessment of the cost based on the	1444
estimates. The tentative assessment shall be for the information	1445
of property owners and shall not be certified to the county	1446
auditor for collection. The detailed plans, specifications,	1447
estimates of cost, and tentative assessment, as prepared by the	1448
engineer and approved by the board, shall be preserved in the	1449
office of the board and shall be open to inspection of all persons	1450
interested in the improvements.	1451

(C) Once it has been determined under division (A) of this	1452
section that a township may provide its proposed water supply or	1453
sewer services, the board may condemn for the use of the township	1454
any public or private land, easement, rights, rights-of-way,	1455
franchises, or other property within or outside the township	1456
required by it for the accomplishment of its purposes according to	1457
the procedure set forth in sections 163.01 to 163.22 of the	1458
Revised Code. The engineer hired by the board may enter upon any	1459
public or private property for the purpose of making surveys and	1460
examinations necessary for the design or examination of water	1461
supply or sewer facilities. No person shall forbid or interfere	1462
with the engineer or the engineer's authorized assistants entering	1463
upon property for these purposes. If actual damage is done to	1464
property by the making of a survey and examination, the board	1465
shall pay the reasonable value of the damage to the owner of the	1466
property damaged, and the cost shall be included in the assessment	1467
upon the property benefited by the improvement.	1468

(D) As soon as all questions of compensation and damages have	1469
been determined for any water supply facilities or sewer services	1470
improvement project, the board shall cause to be made an estimated	1471
assessment, upon the lots and lands to be assessed, of such part	1472
of the compensation, damages, and costs of the improvement as is	1473
to be specially assessed according to the method specified by	1474
resolution of the board. The schedule of the assessments shall be	1475
filed with the township clerkfiscal officer for the inspection of	1476
interested persons. Before adopting the estimated assessment, the	1477
board shall cause written notice to be sent to the owners of all	1478
lots and lands to be assessed that the assessment has been made	1479
and is on file with the township clerkfiscal officer, and the	1480
date when objections to the assessment will be heard. Objections	1481
shall be filed in writing with the board before the date of the	1482
hearing. If any objections are filed, the board shall hear them	1483
and act as an equalizing board, and may change the assessments if,	1484
in its opinion, any change is necessary to make the assessments	1485
just and equitable. The board shall adopt a resolution approving	1486
and confirming the assessments as reported to or modified by the	1487
board.	1488

(E) The resolution levying the assessments shall apportion	1489
the cost among the benefited lots and lands in the manner provided	1490
by the board by resolution. The board shall certify the amounts to	1491
be levied upon each lot or parcel of land to the county auditor,	1492
who shall enter the amounts on the tax duplicate, to be collected	1493
as other taxes. The principal shall be payable in not more than	1494
forty semiannual installments, as determined by the board. Any	1495
assessment in the amount of twenty-five dollars or less, or of	1496
which the unpaid balance is twenty-five dollars or less, shall be	1497
paid in full and not in installments, at the time the first or	1498
next installment otherwise would become due and payable.	1499
Assessments are a lien upon the respective lots or parcels of land	1500
assessed from the date of adoption of the resolution under	1501
division (D) of this section. If bonds are issued to pay the	1502
compensation, damages, and the costs of an improvement, the	1503
principal amount of the assessment shall be payable in such number	1504
of semiannual installments and in such amounts as the board	1505
determines to be necessary to provide a fund for the payment of	1506
the principal of and interest on the bonds and shall bear interest	1507
from the date of the issuance of the bonds and at the same rate as	1508
the bonds.	1509

(F) Any owner of property to be assessed for any water supply	1510
facilities or sewer services improvement project, or other person	1511
aggrieved by the action of the board in regard to any water supply	1512
facilities or sewer services improvement project, may appeal to	1513
the court of common pleas, in the manner prescribed by Chapter	1514
2506. of the Revised Code.	1515

(G) When collected, the assessments shall be paid by the	1516
county auditor by warrant of the county treasurer into a special	1517
fund in the township treasury created for the purpose of	1518
constructing, improving, maintaining, and operating water supply	1519
facilities or sewer improvements. The board may expend moneys from	1520
the fund only for the purposes for which the assessments were	1521
levied.	1522

Sec. 504.20.  (A) For the purpose of supplying water and	1523
providing sewer services to users within the unincorporated area	1524
of the township under a plan adopted pursuant to section 504.19 of	1525
the Revised Code, the board of township trustees by resolution may	1526
acquire, construct, maintain, improve, repair, operate, and pay	1527
all or any part of the costs of water supply facilities or sewer	1528
improvements. If the best interests of the township and the users	1529
of the water supply facilities or sewer services so require, the	1530
board may sell or otherwise dispose of a water supply facility or	1531
sewer improvement.	1532

(B) To cover the costs of acquiring, constructing,	1533
maintaining, improving, repairing, or operating a water supply	1534
facility or sewer improvement, the board may issue general	1535
obligation bonds of the township in accordance with Chapter 133.	1536
of the Revised Code, for which the full faith and credit of the	1537
township shall be pledged.	1538

(C) For the purpose of paying costs of constructing or	1539
otherwise improving a water supply facility or sewer improvement	1540
and paying debt service charges on voted or unvoted securities of	1541
the township issued for those purposes, and for paying costs of	1542
operating, repairing, and maintaining a water supply facility or	1543
sewer improvement, the board may charge, alter, and collect rents	1544
and other charges for the use of services of a water supply	1545
facility or sewer improvement, which rents and charges if not paid	1546
when due may be certified by the township clerkfiscal officer to	1547
the county auditor, who shall place the same on the tax duplicate	1548
to be collected as other taxes. Those rents and charges are a lien	1549
on the property served from and after the date of entry by the	1550
county auditor on the tax duplicate.	1551

(D) The costs of constructing or otherwise improving a water	1552
supply facility or sewer improvement may include any of the	1553
following:	1554

(1) The purchase price of real estate or any interest in real	1555
estate;	1556

(2) The cost of preliminary and other surveys;

1557

(3) The cost of preparing plans, specifications, profiles,	1558
and estimates;	1559

(4) The cost of printing, serving, and publishing notices and	1560
any required legislation;	1561

(5) The cost of all special proceedings;

1562

(6) The cost of labor and material, whether furnished by	1563
contract or otherwise;	1564

(7) Interest on bonds or notes issued in anticipation of the	1565
levy or collection of special assessments;	1566

(8) The total amount of damages resulting from the project	1567
that are assessed in favor of any owners of lands affected by the	1568
project and any interest on those damages;	1569

(9) The cost incurred in connection with the preparation,	1570
levy, and collection of the special assessments, including legal	1571
expenses incurred by reason of the project;	1572

(10) All contract construction costs;

1573

(11) Incidental costs connected with the project.

1574

(E) The board may adopt, amend, rescind, publish, administer,	1575
and enforce rules for the construction, maintenance, operation,	1576
protection, and use of water supply facilities and sewer services,	1577
that are considered necessary and advisable. The rules shall not	1578
be inconsistent with the laws of the state or the rules of the	1579
environmental protection agency. The board may enforce the rules	1580
by mandamus, injunction, or other legal remedy.	1581

Sec. 505.03.  Whenever hethe judge deems it necessary, and	1582
on application of at least twelve freeholders of the township, the	1583
judge of the county or municipal court or municipal judge having	1584
jurisdiction in the township who approves the bond may require	1585
additional security or the execution of a new bond. If a trustee	1586
fails, for ten days, to give additional security or execute a new	1587
bond after service of suchthe notice in writing, the office shall	1588
be declared vacant and filled as required by section 503.24 of the	1589
Revised Code. SuchThe original bond or new bond shall be	1590
deposited with the township clerkfiscal officer and recorded by	1591
himthe fiscal officer.	1592

Sec. 505.04.  The board of township trustees shall make an	1593
inventory on the second Monday of January, each year, of all the	1594
materials, machinery, tools, and other township supplies in its	1595
possession. SuchThe inventory shall be a public record and shall	1596
be made in duplicate, one copy of which shall be filed with the	1597
clerkfiscal officer of the board and one copy with the county	1598
engineer.	1599

Sec. 505.07. Notwithstanding any contrary provision in	1600
another section of the Revised Code, section 519.12 of the Revised	1601
Code, or any vote of the electors on a petition for zoning	1602
referendum, a township may settle any court action by a consent	1603
decree or court approved settlement agreement which may include an	1604
agreement to rezone any property involved in the action as	1605
provided in the decree or court approved settlement agreement	1606
without following the procedures in section 519.12 of the Revised	1607
Code and also may include township approval of a development plan	1608
for any property involved in the action as provided in the decree	1609
or court approved settlement agreement, provided that the court	1610
makes specific findings of fact that notice has been properly made	1611
pursuant to this section, the plaintiff in the action has	1612
presented credible prima-facie evidence in the form of an expert	1613
report from a planner, property economist, or real estate	1614
appraiser supporting the plaintiff's claim that the current zoning	1615
is invalid or unconstitutional, and the consent decree or court	1616
approved settlement agreement is fair and reasonable.	1617

If the subject of the consent decree or court approved	1618
settlement agreement involves a zoning issue subject to referendum	1619
under section 519.12 of the Revised Code, the board of township	1620
trustees shall publish notice of their intent to meet and consider	1621
and take action on the decree or court approved settlement	1622
agreement and the date and time of the meeting in a newspaper of	1623
general circulation in the township at least fifteen days before	1624
the meeting. The board shall permit members of the public to	1625
express their objections to the consent decree or court approved	1626
settlement agreement at the meeting. Copies of the proposed	1627
consent decree or court approved settlement agreement shall be	1628
available to the public at the township clerk'sfiscal officer's	1629
office during normal business hours.	1630

At least ten days prior to the submission of a proposed	1631
consent decree to the court for its review and consideration, the	1632
plaintiff in the action involving the consent decree shall publish	1633
a notice which shall include the caption of the case, case number,	1634
and court in which the consent decree will be filed, the intention	1635
of the parties therein to file a consent decree in that case, and,	1636
if applicable, a description of the real property involved and the	1637
proposed change in zoning or permitted use, in a newspaper of	1638
general circulation in the township where that real property is	1639
located.	1640

An elector in the township involving the property in	1641
litigation who circulated thea petition for zoning referendum	1642
relating to the current zoning of the property has the right to	1643
intervene in a case in which thea consent decree or court	1644
approved settlement agreement is pending solely for the purpose of	1645
challenging the sufficiency of the evidence submitted pursuant to	1646
this section and the adequacy of the notice given pursuant to this	1647
section. Any other members of the electorate may intervene only if	1648
permitted by the court pursuant to division (B) of Civil Rule 24	1649
and solely for the purpose of challenging the sufficiency of the	1650
evidence submitted pursuant to this section and the adequacy of	1651
the notice given pursuant to this section.	1652

Sec. 505.108.  Except as otherwise provided in this section	1653
and unless the property involved is required to be disposed of	1654
pursuant to another section of the Revised Code, property that is	1655
unclaimed for ninety days or more shall be sold by the chief of	1656
police or other head of the organized police department of the	1657
township, township police district, joint township police	1658
district, or office of a township constable at public auction,	1659
after notice of the sale has been provided by publication once a	1660
week for three successive weeks in a newspaper of general	1661
circulation in the county, or counties, if appropriate, in the	1662
case of a joint township police district. The proceeds of the sale	1663
shall be paid to the clerkfiscal officer of the township and	1664
credited to the township general fund, except that, in the case of	1665
a joint township police district, the proceeds of a sale shall be	1666
paid to the clerkfiscal officer of the most populous	1667
participating township and credited to the appropriate township	1668
general fund or funds according to agreement of the participating	1669
townships.	1670

If authorized to do so by a resolution adopted by the board	1671
of township trustees or, in the case of a joint township police	1672
district, each participating board of township trustees, and if	1673
the property involved is not required to be disposed of pursuant	1674
to another section of the Revised Code, the head of the	1675
department, district, or office may contribute property that is	1676
unclaimed for ninety days or more to one or more public agencies,	1677
to one or more nonprofit organizations no part of the net income	1678
of which inures to the benefit of any private shareholder or	1679
individual and no substantial part of the activities of which	1680
consists of carrying on propaganda or otherwise attempting to	1681
influence legislation, or to one or more organizations satisfying	1682
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.	1683

Sec. 505.11.  (A) Whenever the provisions of division (B) of	1684
this section do not apply, and when, in its opinion, the township	1685
would be benefited, the board of township trustees may lease	1686
township real property to any person upon terms agreed upon by the	1687
board and the lessee. Any consideration received from such athe	1688
lease shall be payable, as prescribed in the lease, to the	1689
township clerkfiscal officer, who shall give a receipt for the	1690
amount received and deposit it in the township general fund.	1691

(B) When, in its opinion, the township would be benefited,	1692
the board of township trustees may execute and deliver contracts	1693
or leases to mine iron ore, stone, coal, petroleum, gas, salt, and	1694
other minerals upon lands owned by the township, to any person	1695
complying with the terms prescribed by the board as to	1696
consideration, rights of way, and occupancy of ground for	1697
necessary purposes. All other matters of contract shall be such as	1698
the board considers most advantageous to the township. SuchThe	1699
contracts or leases shall be forfeited to the township for	1700
noncompliance with any of the terms set forth in the contracts or	1701
leases, and shall not operate as a conveyance of the fee to any	1702
part of the realty. No contract or lease for the drilling or	1703
operation of a petroleum or gas well shall be valid for a longer	1704
term than forty years from the date of the contract or lease, and	1705
no contract or lease for the mining of iron ore, stone, coal,	1706
salt, or other minerals shall be valid for a longer term than	1707
fifteen years from that date. The consideration for the contracts	1708
and leases shall be such rental or royalty as is prescribed by the	1709
board, and shall be payable, as prescribed in the contract or	1710
lease, at least once a year to the township clerkfiscal officer,	1711
who shall give a receipt for suchthe amount and deposit it in the	1712
township general fund.	1713

Sec. 505.17.  (A) Except in a township or portion thereofof	1714
a township that is within the limits of a municipal corporation,	1715
the board of township trustees may make such regulations and	1716
orders as are necessary to control passenger car, motorcycle, and	1717
internal combustion engine noise, as permitted under section	1718
4513.221 of the Revised Code, and all vehicle parking in the	1719
township. This authorization includes, among other powers, the	1720
power to regulate parking on established roadways proximate to	1721
buildings on private property as necessary to provide access to	1722
the property by public safety vehicles and equipment, if the	1723
property is used for commercial purposes, the public is permitted	1724
to use suchthe parking area, and accommodation for more than ten	1725
motor vehicles is provided, and the power to authorize the	1726
issuance of orders limiting or prohibiting parking on any township	1727
street or highway during a snow emergency declared pursuant to a	1728
snow-emergency authorization adopted under this division. All such	1729
regulations and orders shall be subject to the limitations,	1730
restrictions, and exceptions in sections 4511.01 to 4511.76 and	1731
4513.02 to 4513.37 of the Revised Code.	1732

A board of township trustees may adopt a general	1733
snow-emergency authorization, which becomes effective under	1734
division (B)(1) of this section, allowing the president of the	1735
board or some other person specified in the authorization to issue	1736
an order declaring a snow emergency and limiting or prohibiting	1737
parking on any township street or highway during the snow	1738
emergency. Any such order becomes effective under division (B)(2)	1739
of this section. Each general snow-emergency authorization adopted	1740
under this division shall specify the weather conditions under	1741
which a snow emergency may be declared in that township.	1742

(B)(1) All regulations and orders, including any	1743
snow-emergency authorization established by the board under this	1744
section, except for an order declaring a snow emergency as	1745
provided in division (B)(2) of this section, shall be posted by	1746
the township clerkfiscal officer in five conspicuous public	1747
places in the township for thirty days before becoming effective,	1748
and shall be published in a newspaper of general circulation in	1749
the township for three consecutive weeks. In addition to these	1750
requirements, no general snow-emergency authorization shall become	1751
effective until permanent signs giving notice that parking is	1752
limited or prohibited during a snow emergency are properly posted,	1753
in accordance with any applicable standards adopted by the	1754
department of transportation, along streets or highways specified	1755
in the authorization.	1756

(2) Pursuant to the adoption of a snow-emergency	1757
authorization under this section, an order declaring a snow	1758
emergency becomes effective two hours after the president of the	1759
board or the other person specified in the general snow-emergency	1760
authorization makes an announcement of a snow emergency to the	1761
local news media. The president or other specified person shall	1762
request the local news media to announce that a snow emergency has	1763
been declared, the time the declaration will go into effect, and	1764
whether the snow emergency will remain in effect for a specified	1765
period of time or indefinitely until canceled by a subsequent	1766
announcement to the local news media by the president or other	1767
specified person.	1768

(C) Such regulations and orders may be enforced where traffic	1769
control devices conforming to section 4511.09 of the Revised Code	1770
are prominently displayed. Parking regulations authorized by this	1771
section do not apply to any state highway unless the parking	1772
regulations are approved by the director of transportation.	1773

(D) A board of township trustees or its designated agent may	1774
order into storage any vehicle parked in violation of a township	1775
parking regulation or order, if the violation is not one that is	1776
required to be handled pursuant to Chapter 4521. of the Revised	1777
Code. The owner or any lienholder of a vehicle ordered into	1778
storage may claim the vehicle upon presentation of proof of	1779
ownership, which may be evidenced by a certificate of title to the	1780
vehicle, and payment of all expenses, charges, and fines incurred	1781
as a result of the parking violation and removal and storage of	1782
the vehicle.	1783

(E) Whoever violates any regulation or order adopted pursuant	1784
to this section is guilty of a minor misdemeanor, unless the	1785
township has enacted a regulation pursuant to division (A) of	1786
section 4521.02 of the Revised Code, that specifies that the	1787
violation shall not be considered a criminal offense and shall be	1788
handled pursuant to Chapter 4521. of the Revised Code. Fines	1789
levied and collected under this section shall be paid into the	1790
township general revenue fund.	1791

Sec. 505.24.  Each township trustee is entitled to	1792
compensation as follows:	1793

(A) Except as otherwise provided in division (B) of this	1794
section, an amount for each day of service in the business of the	1795
township, to be paid from the township treasury as follows:	1796

(1) In townships having a budget of fifty thousand dollars or	1797
less, twenty dollars per day for not more than two hundred days;	1798

(2) In townships having a budget of more than fifty thousand	1799
but not more than one hundred thousand dollars, twenty-four	1800
dollars per day for not more than two hundred days;	1801

(3) In townships having a budget of more than one hundred	1802
thousand but not more than two hundred fifty thousand dollars,	1803
twenty-eight dollars and fifty cents per day for not more than two	1804
hundred days;	1805

(4) In townships having a budget of more than two hundred	1806
fifty thousand but not more than five hundred thousand dollars,	1807
thirty-three dollars per day for not more than two hundred days;	1808

(5) In townships having a budget of more than five hundred	1809
thousand but not more than seven hundred fifty thousand dollars,	1810
thirty-five dollars per day for not more than two hundred days;	1811

(6) In townships having a budget of more than seven hundred	1812
fifty thousand but not more than one million five hundred thousand	1813
dollars, forty dollars per day for not more than two hundred days;	1814

(7) In townships having a budget of more than one million	1815
five hundred thousand but not more than three million five hundred	1816
thousand dollars, forty-four dollars per day for not more than two	1817
hundred days;	1818

(8) In townships having a budget of more than three million	1819
five hundred thousand dollars but not more than six million	1820
dollars, forty-eight dollars per day for not more than two hundred	1821
days;	1822

(9) In townships having a budget of more than six million	1823
dollars, fifty-two dollars per day for not more than two hundred	1824
days.	1825

(B) Beginning in calendar year 1999, the amounts paid as	1826
specified in division (A) of this section shall be replaced by the	1827
following amounts:	1828

(1) In calendar year 1999, the amounts specified in division	1829
(A) of this section increased by three per cent;	1830

(2) In calendar year 2000, the amounts determined under	1831
division (B)(1) of this section increased by three per cent;	1832

(3) In calendar year 2001, the amounts determined under	1833
division (B)(2) of this section increased by three per cent;	1834

(4) In calendar year 2002, except in townships having a	1835
budget of more than six million dollars, the amounts determined	1836
under division (B)(3) of this section increased by three per cent;	1837
in townships having a budget of more than six million but not more	1838
than ten million dollars, seventy dollars per day for not more	1839
than two hundred days; and in townships having a budget of more	1840
than ten million dollars, ninety dollars per day for not more than	1841
two hundred days;	1842

(5) In calendar years 2003 through 2008, the amounts	1843
determined under division (B) of this section for the immediately	1844
preceding calendar year increased by the lesser of the following:	1845

(a) Three per cent;

1846

(b) The percentage increase, if any, in the consumer price	1847
index over the twelve-month period that ends on the thirtieth day	1848
of September of the immediately preceding calendar year, rounded	1849
to the nearest one-tenth of one per cent;	1850

(6) In calendar year 2009 and thereafter, the amount	1851
determined under division (B) of this section for calendar year	1852
2008.	1853

As used in division (B) of this section, "consumer price	1854
index" has the same meaning as in section 325.18 of the Revised	1855
Code.	1856

(C) Whenever members of a board of township trustees are	1857
compensated per diem and not by annual salary, the board shall	1858
establish, by resolution, a method by which each member of the	1859
board shall periodically notify the township clerkfiscal officer	1860
of the number of days spent in the service of the township and the	1861
kinds of services rendered on those days. The per diem	1862
compensation shall be paid from the township general fund or from	1863
other township funds in such proportions as the kinds of services	1864
performed may require. The notice shall be filed with the township	1865
clerkfiscal officer and preserved for inspection by any persons	1866
interested.	1867

By unanimous vote, a board of township trustees may adopt a	1868
method of compensation consisting of an annual salary to be paid	1869
in equal monthly payments. If the office of trustee is held by	1870
more than one person during any calendar year, each person holding	1871
the office shall receive payments for only those months, and any	1872
fractions of those months, during which the person holds the	1873
office. The amount of the annual salary approved by the board	1874
shall be no more than the maximum amount that could be received	1875
annually by a trustee if the trustee were paid on a per diem basis	1876
as specified in this division, and shall be paid from the township	1877
general fund or from other township funds in such proportions as	1878
the board may specify by resolution. A board of township trustees	1879
that has adopted a salary method of compensation may return to a	1880
method of compensation on a per diem basis as specified in this	1881
division by a majority vote. Any change in the method of	1882
compensation shall be effective on the first day of January of the	1883
year following the year during which the board has voted to change	1884
the method of compensation.	1885

Sec. 505.262.  (A) Notwithstanding division (D) of section	1886
505.37 of the Revised Code or any other statute of this state, the	1887
board of township trustees of any township, by unanimous vote, may	1888
adopt a resolution allowing the township to contract for the	1889
purchase of equipment, buildings, and sites, or for the	1890
construction of buildings, for any lawful township purpose. The	1891
board may issue, by resolution adopted by unanimous vote,	1892
securities of the township to finance purchases and construction	1893
made pursuant to this division. The securities shall be signed by	1894
the board and attested by the signature of the township clerk	1895
fiscal officer, and the maximum maturity of those securities is	1896
subject to the limitations in section 133.20 of the Revised Code.	1897
The securities shall bear interest not to exceed the rate	1898
determined as provided in section 9.95 of the Revised Code and	1899
shall not be subject to Chapter 133. of the Revised Code. The	1900
resolution authorizing the issuance of the securities shall	1901
provide for levying and collecting annually by taxation, amounts	1902
sufficient to pay the interest on and principal of the securities.	1903
The securities may contain a clause permitting prepayment at the	1904
option of the board. Securities shall be offered for sale on the	1905
open market or given to the vendor or contractor if no sale is	1906
made.	1907

(B) No purchase or construction pursuant to division (A) of	1908
this section shall be undertaken unless the county auditor	1909
certifies that, if the purchase or construction is undertaken, the	1910
debt service charge for the purchase or construction in the first	1911
year, together with the debt service charge for that same year for	1912
any other purchase or construction already undertaken pursuant to	1913
division (A) of this section, does not exceed one-tenth of the	1914
township's total revenue from all sources. If the county auditor	1915
so certifies, in every year of the debt after the first year, the	1916
county budget commission shall include a debt charge in the	1917
township's annual tax budget submitted pursuant to sections	1918
5705.01 to 5705.47 of the Revised Code sufficient to meet the	1919
annual debt incurred pursuant to division (A) of this section, if	1920
suchthe debt charge is omitted from the budget.	1921

Sec. 505.31.  (A) Except as otherwise provided in division	1922
(B) of this section, the township clerkfiscal officer shall	1923
collect the service charges for waste disposal service and	1924
administer them under rules established by the board of township	1925
trustees. All of those service charges shall be kept in a separate	1926
fund designated as the waste collection fund and shall be	1927
appropriated and administered by the board. The fund shall be used	1928
for payment of the costs of the management, maintenance, and	1929
operation of the garbage and refuse collection and disposal system	1930
in the township or several waste disposal districts. The board	1931
also may use the fund for payment of the costs incurred by the	1932
township in relation to the collection and disposal of tree	1933
leaves.	1934

Service charges for waste disposal service collected from one	1935
district cannot be used for any other district. If a district is	1936
abandoned or discontinued, any balance remaining in the fund for	1937
that district shall be paid into the general fund of the township.	1938

(B) When a board of township trustees contracts with an	1939
independent contractor for the collection, transfer, and disposal	1940
of solid wastes under section 505.27 of the Revised Code, the	1941
contract may provide for the independent contractor to collect and	1942
keep the service charges for the waste disposal services the	1943
contractor provides.	1944

Sec. 505.32.  For the services arising in each fiscal year	1945
under sections 505.27 to 505.33, inclusive, of the Revised Code,	1946
the township clerkfiscal officer shall be allowed suchthe	1947
compensation as is fixed by the board of township trustees. Such	1948
The compensation shall be paid semiannually, and shall be charged	1949
back, and prorated against each waste disposal district as part of	1950
its operating costs. Any increase required by the board in the	1951
bond of the clerkfiscal officer, and the costs of any necessary	1952
supplies, shall be prorated and charged back to each district.	1953

Sec. 505.33.  Annually, before the first day of October, the	1954
township clerkfiscal officer shall certify to the county auditor	1955
the names of the property owners and a description of their lands	1956
whichthat are delinquent as to waste disposal service charges,	1957
whereupon such. The auditor then shall place the charges on the	1958
tax duplicate for the ensuing December installment of taxes, for	1959
collection.	1960

Sec. 505.35.  All funds arising from the sale of bonds for	1961
the construction or repair of viaducts, or for the purchase or	1962
condemnation of land for suchthat purpose, shall be paid into the	1963
township treasury, and shall be paid out and expended upon the	1964
vouchers of the board of township trustees, or of the officers in	1965
the township having charge of the repair of public roads or	1966
streets.	1967

Contracts for suchthe improvements shall be made in the same	1968
manner as other contracts. Vouchers to pay suchfor the contracts,	1969
or for any portion of the cost of the improvements, shall be drawn	1970
by suchthe board or officers upon the township clerkfiscal	1971
officer, who shall keep an accurate account of moneys so expended,	1972
and the. The funds created by the sale of bonds for viaduct	1973
purposes shall be known as the "viaduct fund."	1974

Sec. 505.37.  (A) The board of township trustees may	1975
establish all necessary rules to guard against the occurrence of	1976
fires and to protect the property and lives of the citizens	1977
against damage and accidents, and may, with the approval of the	1978
specifications by the prosecuting attorney or, if the township has	1979
adopted limited home rule government under Chapter 504. of the	1980
Revised Code, with the approval of the specifications by the	1981
township's law director, purchase, lease, lease with an option to	1982
purchase, or otherwise provide any fire apparatus, mechanical	1983
resuscitators, or other equipment, appliances, materials, fire	1984
hydrants, and water supply for fire-fighting purposes that seems	1985
advisable to the board. The board shall provide for the care and	1986
maintenance of fire equipment, and, for these purposes, may	1987
purchase, lease, lease with an option to purchase, or construct	1988
and maintain necessary buildings, and it may establish and	1989
maintain lines of fire-alarm communications within the limits of	1990
the township. The board may employ one or more persons to maintain	1991
and operate fire-fighting equipment, or it may enter into an	1992
agreement with a volunteer fire company for the use and operation	1993
of fire-fighting equipment. The board may compensate the members	1994
of a volunteer fire company on any basis and in any amount that it	1995
considers equitable.	1996

(B) The boards of township trustees of any two or more	1997
townships, or the legislative authorities of any two or more	1998
political subdivisions, or any combination thereofof these, may,	1999
through joint action, unite in the joint purchase, lease, lease	2000
with an option to purchase, maintenance, use, and operation of	2001
fire-fighting equipment, or for any other purpose designated in	2002
sections 505.37 to 505.42 of the Revised Code, and may prorate the	2003
expense of the joint action on any terms that are mutually agreed	2004
upon.	2005

(C) The board of township trustees of any township may, by	2006
resolution, whenever it is expedient and necessary to guard	2007
against the occurrence of fires or to protect the property and	2008
lives of the citizens against damages resulting from their	2009
occurrence, create a fire district of any portions of the township	2010
that it considers necessary. The board may purchase, lease, lease	2011
with an option to purchase, or otherwise provide any fire	2012
apparatus, appliances, materials, fire hydrants, and water supply	2013
for fire-fighting purposes, or may contract for the fire	2014
protection for the fire district as provided in section 9.60 of	2015
the Revised Code. The fire district so created shall be given a	2016
separate name by which it shall be known.	2017

Additional unincorporated territory of the township may be	2018
added to a fire district upon the board's adoption of a resolution	2019
authorizing the addition. A municipal corporation that is within	2020
or adjoining the township may be added to a fire district upon the	2021
board's adoption of a resolution authorizing the addition and the	2022
municipal legislative authority's adoption of a resolution or	2023
ordinance requesting the addition of the municipal corporation to	2024
the fire district.	2025

If the township fire district imposes a tax, additional	2026
unincorporated territory of the township or a municipal	2027
corporation that is within or adjoining the township shall become	2028
part of the fire district only after all of the following have	2029
occurred:	2030

(1) Adoption by the board of township trustees of a	2031
resolution approving the expansion of the territorial limits of	2032
the district and, if the resolution proposes to add a municipal	2033
corporation, adoption by the municipal legislative authority of a	2034
resolution or ordinance requesting the addition of the municipal	2035
corporation to the district;	2036

(2) Adoption by the board of township trustees of a	2037
resolution recommending the extension of the tax to the additional	2038
territory;	2039

(3) Approval of the tax by the electors of the territory	2040
proposed for addition to the district.	2041

Each resolution of the board adopted under division (C)(2) of	2042
this section shall state the name of the fire district, a	2043
description of the territory to be added, and the rate and	2044
termination date of the tax, which shall be the rate and	2045
termination date of the tax currently in effect in the fire	2046
district.	2047

The board of trustees shall certify each resolution adopted	2048
under division (C)(2) of this section to the board of elections in	2049
accordance with section 5705.19 of the Revised Code. The election	2050
required under division (C)(3) of this section shall be held,	2051
canvassed, and certified in the manner provided for the submission	2052
of tax levies under section 5705.25 of the Revised Code, except	2053
that the question appearing on the ballot shall read:	2054

"Shall the territory within ........................	2055
(description of the proposed territory to be added) be added to	2056
........................ (name) fire district, and a property tax	2057
at a rate of taxation not exceeding ...... (here insert tax rate)	2058
be in effect for .......... (here insert the number of years the	2059
tax is to be in effect or "a continuing period of time," as	2060
applicable)?"	2061

If the question is approved by at least a majority of the	2062
electors voting on it, the joinder shall be effective as of the	2063
first day of July of the year following approval, and on that	2064
date, the township fire district tax shall be extended to the	2065
taxable property within the territory that has been added. If the	2066
territory that has been added is a municipal corporation and if it	2067
had adopted a tax levy for fire purposes, the levy is terminated	2068
on the effective date of the joinder.	2069

Any municipal corporation may withdraw from a township fire	2070
district created under division (C) of this section by the	2071
adoption by the municipal legislative authority of a resolution or	2072
ordinance ordering withdrawal. On the first day of July of the	2073
year following the adoption of the resolution or ordinance of	2074
withdrawal, the municipal corporation withdrawing ceases to be a	2075
part of the district, and the power of the fire district to levy a	2076
tax upon taxable property in the withdrawing municipal corporation	2077
terminates, except that the fire district shall continue to levy	2078
and collect taxes for the payment of indebtedness within the	2079
territory of the fire district as it was composed at the time the	2080
indebtedness was incurred.	2081

Upon the withdrawal of any municipal corporation from a	2082
township fire district created under division (C) of this section,	2083
the county auditor shall ascertain, apportion, and order a	2084
division of the funds on hand, moneys and taxes in the process of	2085
collection except for taxes levied for the payment of	2086
indebtedness, credits, and real and personal property, either in	2087
money or in kind, on the basis of the valuation of the respective	2088
tax duplicates of the withdrawing municipal corporation and the	2089
remaining territory of the fire district.	2090

A board of township trustees may remove unincorporated	2091
territory of the township from the fire district upon the adoption	2092
of a resolution authorizing the removal. On the first day of July	2093
of the year following the adoption of the resolution, the	2094
unincorporated township territory described in the resolution	2095
ceases to be a part of the district, and the power of the fire	2096
district to levy a tax upon taxable property in that territory	2097
terminates, except that the fire district shall continue to levy	2098
and collect taxes for the payment of indebtedness within the	2099
territory of the fire district as it was composed at the time the	2100
indebtedness was incurred.	2101

(D) The board of township trustees of any township, the board	2102
of fire district trustees of a fire district created under section	2103
505.371 of the Revised Code, or the legislative authority of any	2104
municipal corporation may purchase, lease, or lease with an option	2105
to purchase the necessary fire-fighting equipment, buildings, and	2106
sites for the township, fire district, or municipal corporation	2107
and issue securities for that purpose with maximum maturities as	2108
provided in section 133.20 of the Revised Code. The board of	2109
township trustees, board of fire district trustees, or legislative	2110
authority may also construct any buildings necessary to house	2111
fire-fighting equipment and issue securities for that purpose with	2112
maximum maturities as provided in section 133.20 of the Revised	2113
Code.	2114

The board of township trustees, board of fire district	2115
trustees, or legislative authority may issue the securities of the	2116
township, fire district, or municipal corporation, signed by the	2117
board or designated officer of the municipal corporation and	2118
attested by the signature of the township fiscal officer, fire	2119
district clerk, or municipal clerk, covering any deferred payments	2120
and payable at the times provided, which securities shall bear	2121
interest not to exceed the rate determined as provided in section	2122
9.95 of the Revised Code, and shall not be subject to Chapter 133.	2123
of the Revised Code. The legislation authorizing the issuance of	2124
the securities shall provide for levying and collecting annually	2125
by taxation, amounts sufficient to pay the interest on and	2126
principal of the securities. The securities shall be offered for	2127
sale on the open market or given to the vendor or contractor if no	2128
sale is made.	2129

Section 505.40 of the Revised Code does not apply to any	2130
securities issued, or any lease with an option to purchase entered	2131
into, in accordance with this division.	2132

(E) A board of township trustees of any township or a board	2133
of fire district trustees of a fire district created under section	2134
505.371 of the Revised Code may purchase a policy or policies of	2135
liability insurance for the officers, employees, and appointees of	2136
the fire department, fire district, or joint fire district	2137
governed by the board that includes personal injury liability	2138
coverage as to the civil liability of those officers, employees,	2139
and appointees for false arrest, detention, or imprisonment,	2140
malicious prosecution, libel, slander, defamation or other	2141
violation of the right of privacy, wrongful entry or eviction, or	2142
other invasion of the right of private occupancy, arising out of	2143
the performance of their duties.	2144

When a board of township trustees cannot, by deed of gift or	2145
by purchase and upon terms it considers reasonable, procure land	2146
for a township fire station that is needed in order to respond in	2147
reasonable time to a fire or medical emergency, the board may	2148
appropriate land for that purpose under sections 163.01 to 163.22	2149
of the Revised Code. If it is necessary to acquire additional	2150
adjacent land for enlarging or improving the fire station, the	2151
board may purchase, appropriate, or accept a deed of gift for the	2152
land for these purposes.	2153

(F) As used in this division, "emergency medical service	2154
organization" has the same meaning as in section 4766.01 of the	2155
Revised Code.	2156

A board of township trustees, by adoption of an appropriate	2157
resolution, may choose to have the Ohio medical transportation	2158
board license any emergency medical service organization it	2159
operates. If the board adopts such a resolution, Chapter 4766. of	2160
the Revised Code, except for sections 4766.06 and 4766.99 of the	2161
Revised Code, applies to the organization. All rules adopted under	2162
the applicable sections of that chapter also apply to the	2163
organization. A board of township trustees, by adoption of an	2164
appropriate resolution, may remove its emergency medical service	2165
organization from the jurisdiction of the Ohio medical	2166
transportation board.	2167

Sec. 505.373.  The township board of township trustees may,	2168
by resolution, adopt by incorporation by reference a standard code	2169
pertaining to fire, fire hazards, and fire prevention prepared and	2170
promulgated by the state or any department, board, or other agency	2171
of the state, or any such code prepared and promulgated by a	2172
public or private organization that publishes a model or standard	2173
code.	2174

After the adoption of such athe code by the board, a notice	2175
clearly identifying the code, stating the purpose of the code, and	2176
stating that a complete copy of the code is on file with the	2177
township clerkfiscal officer for inspection by the public and	2178
also on file in the law library of the county in which the	2179
township is located and that the clerkfiscal officer has copies	2180
available for distribution to the public at cost, shall be posted	2181
by the township clerkfiscal officer in five conspicuous places in	2182
the township for thirty days before becoming effective. The notice	2183
required by this section shall also be published in a newspaper of	2184
general circulation in the township once a week for three	2185
consecutive weeks. If the adopting township amends or deletes any	2186
provision of the code, the notice shall contain a brief summary of	2187
the deletion or amendment.	2188

If the agency that originally promulgated or published the	2189
code thereafter amends the code, any township that has adopted the	2190
code pursuant to this section may adopt the amendment or change by	2191
incorporation by reference in the same manner as provided for	2192
adoption of the original code.	2193

Sec. 505.47.  The board of township trustees may pay the cost	2194
of the construction, rebuilding, or repair of footbridges	2195
authorized by section 505.46 of the Revised Code out of any funds,	2196
unappropriated for any other purpose, in the township treasury.	2197
ShouldIf there be no funds in the township treasury available for	2198
suchthese purposes, then suchthe board may levy a tax for the	2199
purpose of procuring the necessary funds for the construction,	2200
rebuilding, or repair of suchthe footbridges, which. The tax	2201
shall be levied upon all of the taxable property in the township,	2202
and shall be certified, levied, and collected in the manner	2203
prescribed for other township taxes. The money so raised shall be	2204
paid over to the township clerkfiscal officer, and by him paid	2205
the fiscal officer shall pay it out on the order of the board,	2206
certified by such clerkthe fiscal officer. Such	2207

The tax shall not be levied until it has been approved by a	2208
majority of the qualified voters of the township, voting at any	2209
election at which the question shall be submitted. The	2210

Said election shall be called at a regular meeting of the	2211
board and shall be held within thirty days from the date of the	2212
resolution of the board calling the samefor it. Twenty days'	2213
notice of saidthe election shall be given by the posting of	2214
notices, by the clerk,fiscal officer in ten public places of the	2215
township. Provisions for holding the election shall be made by the	2216
board of elections, upon receiving notice from the clerkfiscal	2217
officer of the date and purpose of saidthe election.	2218

Sec. 505.511.  (A) A board of township trustees that operates	2219
a township police department or the board of township trustees of	2220
a township police district may, after police constables, the	2221
township police, a law enforcement agency with which the township	2222
contracts for police services, and the county sheriff or the	2223
sheriff's deputy have answered a combined total of three false	2224
alarms from the same commercial or residential security alarm	2225
system within the township in the same calendar year, cause the	2226
township clerkfiscal officer to mail the manager of the	2227
commercial establishment or the occupant, lessee, agent, or tenant	2228
of the residence a bill for each subsequent false alarm from the	2229
same alarm system during that year, to defray the costs incurred.	2230
The bill's amount shall be as follows:	2231

(1) For the fourth false alarm of that year .....$50.00;

2232

(2) For the fifth false alarm of that year .....$100.00;

2233

(3) For all false alarms in that year occurring after the	2234
fifth false alarm ...................................$150.00.	2235

If payment of the bill is not received within thirty days,	2236
the township clerkfiscal officer shall send a notice by certified	2237
mail to the manager and to the owner, if different, of the real	2238
estate of which the commercial establishment is a part, or to the	2239
occupant, lessee, agent, or tenant and to the owner, if different,	2240
of the real estate of which the residence is a part, indicating	2241
that failure to pay the bill within thirty days, or to show just	2242
cause why the bill should not be paid, will result in the	2243
assessment of a lien upon the real estate in the amount of the	2244
bill. If payment is not received within those thirty days or if	2245
just cause is not shown, the amount of the bill shall be entered	2246
upon the tax duplicate, shall be a lien upon the real estate from	2247
the date of the entry, and shall be collected as other taxes and	2248
returned to the township treasury to be earmarked for use for	2249
police services.	2250

The board of township trustees shall not cause the township	2251
clerkfiscal officer to send a bill pursuant to this division if a	2252
bill has already been sent pursuant to division (B) of this	2253
section for the same false alarm.	2254

(B) The county sheriff may, after the county sheriff or the	2255
sheriff's deputy, police constables, the township police, and a	2256
law enforcement agency with which the township contracts for	2257
police services have answered a combined total of three false	2258
alarms from the same commercial or residential security alarm	2259
system within the unincorporated area of the county in the same	2260
calendar year, mail the manager of the commercial establishment or	2261
the occupant, lessee, agent, or tenant of the residence a bill for	2262
each subsequent false alarm from the same alarm system during that	2263
year, to defray the costs incurred. The bill's amount shall be as	2264
follows:	2265

(1) For the fourth false alarm of that year .....$50.00;

2266

(2) For the fifth false alarm of that year .....$100.00;

2267

(3) For all false alarms in that year occurring after the	2268
fifth false alarm ...................................$150.00.	2269

If payment of the bill is not received within thirty days,	2270
the sheriff shall send a notice by certified mail to the manager	2271
and to the owner, if different, of the real estate of which the	2272
commercial establishment is a part, or to the occupant, lessee,	2273
agent, or tenant and to the owner, if different, of the real	2274
estate of which the residence is a part, indicating that failure	2275
to pay the bill within thirty days, or to show just cause why the	2276
bill should not be paid, will result in the assessment of a lien	2277
upon the real estate in the amount of the bill. If payment is not	2278
received within those thirty days or if just cause is not shown,	2279
the amount of the bill shall be entered upon the tax duplicate,	2280
shall be a lien upon the real estate from the date of the entry,	2281
and shall be collected as other taxes and returned to the county	2282
treasury.	2283

The sheriff shall not send a bill pursuant to this division	2284
if a bill has already been sent pursuant to division (A) of this	2285
section for the same false alarm.	2286

(C) As used in this section, "commercial establishment" has	2287
the same meaning as in section 505.391 of the Revised Code.	2288

Sec. 505.73.  The board of township trustees may, by	2289
resolution, adopt by incorporation by reference, administer, and	2290
enforce within the unincorporated area of the township an existing	2291
structures code pertaining to the repair and continued maintenance	2292
of structures and the premises of such structures. For suchthis	2293
purpose, the board shall adopt any model or standard code prepared	2294
and promulgated by the state, any department, board, or other	2295
agency of the state, or any public or private organization that	2296
publishes a recognized model or standard code on the subject. The	2297
board shall ensure that the code adopted is fully compatible with	2298
the local residential building code and with the rules of the	2299
board of building standards adopted pursuant to section 3781.10 of	2300
the Revised Code.	2301

The board shall assign the duties of administering and	2302
enforcing the code to a township officer or employee who is	2303
trained and qualified for suchthose duties and shall establish by	2304
resolution the minimum qualifications necessary for performance of	2305
suchthose duties.	2306

After the board adopts a code, the township clerkfiscal	2307
officer shall post a notice whichthat shall clearly identify the	2308
code, state the purpose of the code, state that a complete copy of	2309
the code is on file for inspection by the public with the township	2310
clerkfiscal officer and in the law library of the county in which	2311
the township is located, and state that the clerkfiscal officer	2312
has copies available for distribution to the public at cost. The	2313
township clerkfiscal officer shall post the notice in five	2314
conspicuous places in the township for thirty days before the code	2315
becomes effective. The clerkfiscal officer shall also publish the	2316
notice in a newspaper of general circulation in the township for	2317
three consecutive weeks. If the adopting township amends or	2318
deletes any provision of the code, the notice shall contain a	2319
brief summary of the deletion or amendment.	2320

If the agency that originally promulgated or published the	2321
code thereafter amends the code, any township that has adopted the	2322
code pursuant to this section may adopt the amendment or change by	2323
incorporation by reference in the same manner as provided for	2324
adoption of the original code.	2325

Sec. 505.86.  (A) As used in this section, "total cost" means	2326
any costs incurred due to the use of employees, materials, or	2327
equipment of the township, any costs arising out of contracts for	2328
labor, materials, or equipment, and costs of service of notice or	2329
publication required under this section.	2330

(B) A board of township trustees may provide for the removal,	2331
repair, or securance of buildings or other structures in the	2332
township that have been declared insecure, unsafe, or structurally	2333
defective by any fire department under contract with the township	2334
or by the county building department or other authority	2335
responsible under Chapter 3781. of the Revised Code for the	2336
enforcement of building regulations or the performance of building	2337
inspections in the township, or buildings or other structures that	2338
have been declared unfit for human habitation by the board of	2339
health of the general health district of which the township is a	2340
part.	2341

At least thirty days prior to the removal, repair, or	2342
securance of any insecure, unsafe, or structurally defective	2343
building, the board of township trustees shall give notice by	2344
certified mail of its intention with respect to suchthe removal,	2345
repair, or securance to the holders of legal or equitable liens of	2346
record upon the real property on which suchthe building is	2347
located and to owners of record of suchthe property. If the	2348
owner's address is unknown and cannot reasonably be obtained, it	2349
is sufficient to publish the notice once in a newspaper of general	2350
circulation in the township. The owners of record of suchthe	2351
property or the holders of liens of record upon suchthe property	2352
may enter into an agreement with the board to perform the removal,	2353
repair, or securance of the insecure, unsafe, or structurally	2354
defective building. If an emergency exists, as determined by the	2355
board, notice may be given other than by certified mail and less	2356
than thirty days prior to suchthe removal, repair, or securance.	2357

(C) A board may collect the total cost of removing,	2358
repairing, or securing buildings or other structures that have	2359
been declared insecure, unsafe, structurally defective, or unfit	2360
for human habitation, or of making emergency corrections of	2361
hazardous conditions, by either of the following methods:	2362

(1) The board may have the clerkfiscal officer of the	2363
township certify the total costs, together with a proper	2364
description of the lands to the county auditor who shall place the	2365
costs upon the tax duplicate. The costs are a lien upon suchthe	2366
lands from and after the date of entry. The costs shall be	2367
collected as other taxes and returned to the township general	2368
fund.	2369

(2) The board may commence a civil action to recover the	2370
total costs from the owner.	2371

(D) Any board may, whenever a policy or policies of insurance	2372
are in force providing coverage against the peril of fire on a	2373
building or structure and the loss agreed to between the named	2374
insured or insureds and the company or companies is more than five	2375
thousand dollars and equals or exceeds sixty per cent of the	2376
aggregate limits of liability on all fire policies covering the	2377
building or structure on the property, accept security payments	2378
and follow the procedures of divisions (C) and (D) of section	2379
3929.86 of the Revised Code.	2380

Sec. 507.01.  A township clerkfiscal officer shall be	2381
elected at the general election in 19512007, and quadrennially	2382
thereafter in each township, and hethe fiscal officer shall hold	2383
his office for a term of four years commencing on the first day of	2384
April next after his election.	2385

Sec. 507.02.  When a township clerkfiscal officer is unable	2386
to carry out the duties of his office because of illness, because	2387
he has enteredof entering the military service of the United	2388
States, or because hethe fiscal officer is otherwise	2389
incapacitated or disqualified, the board of township trustees	2390
shall appoint a deputy clerkfiscal officer, who shall have full	2391
power to discharge the duties of suchthe office. SuchThe deputy	2392
clerkfiscal officer shall serve during the period of time the	2393
clerkfiscal officer is absent or incapacitated, or until a	2394
successor clerkfiscal officer is elected and qualified. Before	2395
entering on the discharge of hisofficial duties, the deputy clerk	2396
fiscal officer shall give bond, for the faithful discharge of his	2397
official duties, as required under section 507.03 of the Revised	2398
Code. The board shall, by resolution, adjust and determine the	2399
compensation of the clerkfiscal officer and deputy clerkfiscal	2400
officer. The total compensation of both the clerkfiscal officer	2401
and any deputy clerkfiscal officer shall not exceed the sums	2402
fixed by section 507.09 of the Revised Code in any one year.	2403

Sec. 507.021. (A) The township clerkfiscal officer may hire	2404
and appoint one or more persons as the clerkfiscal officer finds	2405
necessary to provide assistance to the township clerkfiscal	2406
officer or deputy clerkfiscal officer. The township clerkfiscal	2407
officer may set the compensation of those persons subject to the	2408
prior approval of the board of township trustees. Those persons	2409
shall serve at the pleasure of the township clerkfiscal officer	2410
or, in the absence of the clerktownship fiscal officer, the	2411
deputy clerkfiscal officer. The township clerkfiscal officer may	2412
delegate to an assistant any of the duties the clerkfiscal	2413
officer is otherwise required to perform. The appointment of	2414
assistants under this section does not relieve the township clerk	2415
fiscal officer of responsibility to discharge the duties of the	2416
office but shall serve to provide assistance to the clerkfiscal	2417
officer in performing those duties.	2418

(B) The compensation of an assistant appointed under this	2419
section shall be included in the estimate of contemplated	2420
expenditures for the township clerk'sfiscal officer's office that	2421
is submitted to the board of township trustees for approval as	2422
provided in section 5705.28 of the Revised Code.	2423

(C) Before serving, an assistant to the township clerkfiscal	2424
officer shall give bond for the faithful discharge of the duties	2425
of the office as may be delegated by the clerkfiscal officer. The	2426
bond shall be payable to the board of township trustees and shall	2427
be for the same sum as required under section 507.03 of the	2428
Revised Code for the township clerkfiscal officer, with sureties	2429
approved by the board, and conditioned for the faithful	2430
performance of duties delegated by the clerkfiscal officer. The	2431
bond shall be recorded by the township clerkfiscal officer, filed	2432
with the county treasurer, and carefully preserved.	2433

Sec. 507.03.  The township clerkfiscal officer, before	2434
entering upon the discharge of official duties, shall give a bond,	2435
payable to the board of township trustees, with sureties approved	2436
by the board, in the sum determined by the board but not less than	2437
the sum provided in this section, and conditioned for the faithful	2438
performance of the duties of the office of township clerkfiscal	2439
officer. This bond shall be recorded by the clerktownship fiscal	2440
officer, filed with the county treasurer, and carefully preserved.	2441

The minimum sum of the township clerk'sfiscal officer's bond	2442
shall be as follows:	2443

(A) In a township with a budget of fifty thousand dollars or	2444
less, ten thousand dollars;	2445

(B) In a township with a budget of more than fifty thousand	2446
dollars but not more than one hundred thousand dollars,	2447
thirty-five thousand dollars;	2448

(C) In a township with a budget of more than one hundred	2449
thousand dollars but not more than two hundred fifty thousand	2450
dollars, sixty thousand dollars;	2451

(D) In a township with a budget of more than two hundred	2452
fifty thousand dollars but not more than five hundred thousand	2453
dollars, eighty-five thousand dollars;	2454

(E) In a township with a budget of more than five hundred	2455
thousand dollars but not more than seven hundred fifty thousand	2456
dollars, one hundred ten thousand dollars;	2457

(F) In a township with a budget of more than seven hundred	2458
fifty thousand dollars but not more than one million five hundred	2459
thousand dollars, one hundred thirty-five thousand dollars;	2460

(G) In a township with a budget of more than one million five	2461
hundred thousand dollars but not more than three million five	2462
hundred thousand dollars, one hundred sixty thousand dollars;	2463

(H) In a township with a budget of more than three million	2464
five hundred thousand dollars but not more than six million	2465
dollars, one hundred ninety-five thousand dollars;	2466

(I) In a township with a budget of more than six million	2467
dollars but not more than ten million dollars, two hundred twenty	2468
thousand dollars;	2469

(J) In a township with a budget of more than ten million	2470
dollars, two hundred fifty thousand dollars.	2471

Sec. 507.04.  (A) The township clerkfiscal officer shall	2472
keep an accurate record of the proceedings of the board of	2473
township trustees at all of its meetings, and of all its accounts	2474
and transactions, including the acceptance of the bonds of	2475
township officers. The clerktownship fiscal officer shall	2476
personally attend at least one meeting of the board during each	2477
quarter of every year, unless prevented by the occurrence of an	2478
emergency from attending.	2479

(B) In any township where the clerktownship fiscal officer	2480
does not keep the township's records in a public facility, the	2481
board of township trustees, once each quarter of each year, may	2482
request the clerkfiscal officer to provide the board with copies	2483
of township records for its review. If the board makes such a	2484
request, it shall tell the clerktownship fiscal officer which	2485
records it wants copies of by indicating the dates or types of the	2486
records it is requesting. A request made under this section does	2487
not diminish any trustee's right to inspect township records under	2488
division (B) of section 149.43 of the Revised Code.	2489

Sec. 507.05.  The township clerkfiscal officer shall, in	2490
addition to the books for the record of the proceedings of the	2491
board of township trustees, be provided by the township with a	2492
book for the record of township roads, a book for the record of	2493
marks and brands, and a book for the record of official oaths and	2494
bonds of township officers.	2495

Sec. 507.051.  The clerkfiscal officer of a township shall	2496
notify the board of elections of all vacancies caused by death,	2497
resignation, or otherwise in the elective offices of the township.	2498
SuchThe notification shall be made in writing and filed, not	2499
later than ten days after thea vacancy occurs, with the board of	2500
elections of the county in which the township is located.	2501

The clerkfiscal officer of a township shall notify the board	2502
of elections of all changes in boundaries of that township. Such	2503
The notification shall be made in writing and, contain a plat	2504
clearly showing all boundary changes, and shall be filed, not	2505
later than ten days after the change of boundaries becomes	2506
effective, with the board of electionelections of the county in	2507
which the township is located.	2508

Sec. 507.06.  The township clerkfiscal officer may	2509
administer oaths, and take and certify affidavits which, that	2510
pertain to the business of histhe township or of the board of	2511
education of histhe fiscal officer's local school district, or	2512
are connected with the official business of either the township or	2513
the local school district, including the official oaths of	2514
township and school officers, and oaths required in the execution,	2515
verification, and renewal of chattel mortgagessecurity interests.	2516

Sec. 507.07.  Immediately after the township officers have	2517
made their annual settlement of accounts, the township clerk	2518
fiscal officer shall make and enter in the record of the	2519
proceedings of the board of township trustees, a detailed	2520
statement of the receipts and expenditures of the township for the	2521
preceding year, the amount of money received and expended for such	2522
purposes in each such district in the township, and the receipts	2523
and expenditures of the board of education of the local school	2524
district. Such clerkThe fiscal officer shall state from what	2525
source the moneys were received, to whom they were paid, for what	2526
they were expended, and, in detail, all liabilities. On the	2527
morning of the first Tuesday after the first Monday in November,	2528
each year, the clerkfiscal officer shall post a copy of suchthe	2529
statement at each place of holding township elections.	2530

Sec. 507.08.  Official bonds of constables, as soon as	2531
approved by the board of township trustees, and before being	2532
filed, shall be recorded by the township clerkfiscal officer in	2533
the book kept for that purpose.	2534

A copy of such a recorded bond, certified by the clerkfiscal	2535
officer, shall be admitted in any court in this state, as	2536
evidence, the same as the original bond.	2537

For recording such a bond, the clerkfiscal officer shall	2538
receive the sum of fifty cents from the party giving the bond, and	2539
for each copy heof such a bond, the fiscal officer shall receive	2540
the same fee from the party demanding suchthe copy.	2541

Sec. 507.09.  (A) Except as otherwise provided in division	2542
(D) of this section, the township clerkfiscal officer shall be	2543
entitled to compensation as follows:	2544

(1) In townships having a budget of fifty thousand dollars or	2545
less, three thousand five hundred dollars;	2546

(2) In townships having a budget of more than fifty thousand	2547
but not more than one hundred thousand dollars, five thousand five	2548
hundred dollars;	2549

(3) In townships having a budget of more than one hundred	2550
thousand but not more than two hundred fifty thousand dollars,	2551
seven thousand seven hundred dollars;	2552

(4) In townships having a budget of more than two hundred	2553
fifty thousand but not more than five hundred thousand dollars,	2554
nine thousand nine hundred dollars;	2555

(5) In townships having a budget of more than five hundred	2556
thousand but not more than seven hundred fifty thousand dollars,	2557
eleven thousand dollars;	2558

(6) In townships having a budget of more than seven hundred	2559
fifty thousand but not more than one million five hundred thousand	2560
dollars, thirteen thousand two hundred dollars;	2561

(7) In townships having a budget of more than one million	2562
five hundred thousand but not more than three million five hundred	2563
thousand dollars, fifteen thousand four hundred dollars;	2564

(8) In townships having a budget of more than three million	2565
five hundred thousand dollars but not more than six million	2566
dollars, sixteen thousand five hundred dollars;	2567

(9) In townships having a budget of more than six million	2568
dollars, seventeen thousand six hundred dollars.	2569

(B) Any township clerkfiscal officer may elect to receive	2570
less than the compensation the clerkfiscal officer is entitled to	2571
under division (A) of this section. Any clerktownship fiscal	2572
officer electing to do this shall so notify the board of township	2573
trustees in writing, and the board shall include this notice in	2574
the minutes of its next board meeting.	2575

(C) The compensation of the township clerkfiscal officer	2576
shall be paid in equal monthly payments. If the office of clerk	2577
township fiscal officer is held by more than one person during any	2578
calendar year, each person holding the office shall receive	2579
payments for only those months, and any fractions of those months,	2580
during which the person holds the office.	2581

(D) Beginning in calendar year 1999, the township clerk	2582
fiscal officer shall be entitled to compensation as follows:	2583

(1) In calendar year 1999, the compensation specified in	2584
division (A) of this section increased by three per cent;	2585

(2) In calendar year 2000, the compensation determined under	2586
division (D)(1) of this section increased by three per cent;	2587

(3) In calendar year 2001, the compensation determined under	2588
division (D)(2) of this section increased by three per cent;	2589

(4) In calendar year 2002, except in townships having a	2590
budget of more than six million dollars, the compensation	2591
determined under division (D)(3) of this section increased by	2592
three per cent; in townships having a budget of more than six	2593
million but not more than ten million dollars, nineteen thousand	2594
eight hundred ten dollars; and in townships having a budget of	2595
more than ten million dollars, twenty thousand nine hundred	2596
dollars;	2597

(5) In calendar year 2003, the compensation determined under	2598
division (D)(4) of this section increased by three per cent or the	2599
percentage increase in the consumer price index as described in	2600
division (D)(7)(b) of this section, whichever percentage is lower;	2601

(6) In calendar year 2004, except in townships having a	2602
budget of more than six million dollars, the compensation	2603
determined under division (D)(5) of this section for the calendar	2604
year 2003 increased by three per cent or the percentage increase	2605
in the consumer price index as described in division (D)(7)(b) of	2606
this section, whichever percentage is lower; in townships having a	2607
budget of more than six million but not more than ten million	2608
dollars, twenty-two thousand eighty-seven dollars; and in	2609
townships having a budget of more than ten million dollars,	2610
twenty-five thousand five hundred fifty-three dollars;	2611

(7) In calendar years 2005 through 2008, the compensation	2612
determined under division (D) of this section for the immediately	2613
preceding calendar year increased by the lesser of the following:	2614

(a) Three per cent;

2615

(b) The percentage increase, if any, in the consumer price	2616
index over the twelve-month period that ends on the thirtieth day	2617
of September of the immediately preceding calendar year, rounded	2618
to the nearest one-tenth of one per cent;	2619

(8) In calendar year 2009 and thereafter, the amount	2620
determined under division (D) of this section for calendar year	2621
2008.	2622

As used in this division, "consumer price index" has the same	2623
meaning as in section 325.18 of the Revised Code.	2624

Sec. 507.11.  (A) The board of township trustees may	2625
authorize, by resolution, township officers and employees to incur	2626
obligations of two thousand five hundred dollars or less on behalf	2627
of the township, or it may authorize, by resolution, the township	2628
administrator to so authorize township officers and employees. The	2629
obligations incurred on behalf of the township by a township	2630
officer or employee acting pursuant to any such resolution shall	2631
be subsequently approved by the adoption of a formal resolution of	2632
the board of township trustees.	2633

(B) No money belonging to the township shall be paid out,	2634
except upon an order signed by at least two of the township	2635
trustees, and countersigned by the township clerkfiscal officer.	2636

Sec. 509.02.  Each constable, before entering upon the	2637
discharge of hisofficial duties, shall give bond to the state in	2638
a sum of not less than five hundred nor more than two thousand	2639
dollars, conditioned for the faithful and diligent discharge of	2640
hisofficial duties, and with sureties resident of the township.	2641
The amount of suchthe bond and its sureties shall be approved by	2642
the board of township trustees. SuchThe bond shall be deposited	2643
with the township clerkfiscal officer.	2644

Sec. 511.21.  Upon the filing of the report of the board of	2645
park commissioners as provided by section 511.20 of the Revised	2646
Code, the board of township trustees shall direct the township	2647
clerkfiscal officer to give thirty days' notice, by posting in	2648
five public places in the township and by publication in one or	2649
more newspapers of general circulation in the township, that an	2650
election will be held at the next general election to determine	2651
whether one or more public parks are to be established within the	2652
township, and the estimated cost of the land recommended for that	2653
purpose.	2654

Sec. 511.22.  The board of township trustees shall direct the	2655
township clerkfiscal officer to file a written notice, not later	2656
than four p.m. of the seventy-fifth day before the day of the	2657
election, with the board of elections having charge of the	2658
preparation of official ballots, that an election will be held as	2659
provided in section 511.21 of the Revised Code and that the	2660
following shall be printed on the ballot:	2661

	"YES		SHALL A PUBLIC PARK		2662
	NO		OR PUBLIC PARKS BE ESTABLISHED IN		2663
			.....(NAME)..... TOWNSHIP?"		2664

If a majority of the votes is in favor of the proposition, a	2665
park or parks shall be established for the township. If a majority	2666
of the votes cast is against the proposition, the board of park	2667
commissioners shall be abolished, and the board of township	2668
trustees shall provide for and pay all the proper expenses	2669
incurred by it.	2670

Sec. 511.33.  In paying any expenses of park management and	2671
of improvements authorized by section 511.32 of the Revised Code,	2672
the board of township trustees may appropriate and use for such	2673
these purposes any funds in the township treasury then	2674
unappropriated for any other purpose. ShouldIf there beare no	2675
available funds in the treasury or an insufficient amount to pay	2676
for the desired park management and improvements in any year, the	2677
board may levy a tax in order to pay for suchthe park management	2678
and improvements. The tax shall be levied upon all of the taxable	2679
property in the township and shall be certified, levied, and	2680
collected in the manner prescribed for the certification, levy,	2681
and collection of other township taxes. The money so raised shall	2682
be paid over to the township clerkfiscal officer, and the fiscal	2683
officer shall be paidpay the money out by him on the order of the	2684
board. If a sum greater than two thousand dollars is to be	2685
expended by the board for park management and improvement purposes	2686
in any one year, and suchthe sum is not available from any	2687
unappropriated money in the township treasury, the question of	2688
levying suchthe additional tax shall, before making a levy which	2689
that will amount to more than two thousand dollars, be submitted	2690
to and approved by a majority of the electors of the township	2691
voting on the question. If suchthe election is necessary, it	2692
shall be called at a regular meeting of the board, and suchthe	2693
resolution shall be certified to the board of elections not later	2694
than four p.m. of the seventy-fifth day before the day of the	2695
election.	2696

Twenty days' notice of suchthe election shall be given by	2697
the posting of notices thereofof the election by the township	2698
clerkfiscal officer in ten public places in the township, and	2699
provisions for holding the election shall be made by the board of	2700
elections upon receiving notice of the date and purpose of such	2701
the election from the clerkfiscal officer. This section and	2702
section 511.32 of the Revised Code do not repeal, affect, or	2703
modify any law relating to park commissioners, or prevent the	2704
appointment of park commissioners in the future.	2705

Sec. 513.04. WhereIf a tax has been levied for hospital	2706
purposes, the county auditor shall certify, at the semiannual	2707
collection of taxes, the amount collected from suchthe levy to	2708
the township clerkfiscal officer, who shall forthwith draw hisa	2709
warrant for suchthe amount on the township treasury, payable to	2710
the treasurer of the hospital association or to the municipal	2711
corporation.	2712

Sec. 515.02.  When the owners of more than one half of the	2713
feet front, of the lots and lands abutting on the streets and	2714
public ways of any unincorporated district in a township, sign a	2715
petition for artificial lighting of the streets and public ways in	2716
suchthe district, and file it with the township clerkfiscal	2717
officer, such clerkthe fiscal officer shall thereupon give notice	2718
to the board of township trustees a notice of the filing of such	2719
the petition, together withand a copy thereofof it.	2720

Sec. 515.04.  The township clerkfiscal officer shall fix a	2721
day, not more than thirty days from the date of notice to the	2722
board of township trustees, for the hearing of the petition	2723
provided for by section 515.02 of the Revised Code. Such clerkThe	2724
township fiscal officer shall prepare and deliver to any of the	2725
petitioners, a notice in writing directed to the lot and land	2726
owners and to the corporations, either public or private, affected	2727
by the improvement. SuchThe notice shall set forth the substance,	2728
pendency, and prayer of the petition, and the time and place of	2729
the hearing thereonon it.	2730

A copy of suchthe notice shall be served upon each lot or	2731
land owner or left at histhe lot or land owner's usual place of	2732
residence, and upon an officer or agent of each such corporation	2733
having its place of business in suchthe district, at least	2734
fifteen days before the date set for hearing. On or before the day	2735
of the hearing, the person serving suchthe notice shall make	2736
return thereonon it, under oath, of the time and manner of	2737
service, and shall file suchthe return with the clerktownship	2738
fiscal officer.	2739

The clerktownship fiscal officer shall give suchthe notice	2740
to each nonresident lot or land owner, by publication once, in a	2741
newspaper published in and of general circulation in the county in	2742
which the district is situated, at least two weeks before the day	2743
set for hearing. SuchThe notice shall be verified by affidavit of	2744
the printer or other person knowing the fact, and shall be filed	2745
with the clerktownship fiscal officer on or before the day of	2746
hearing. No further notice of the petition or the proceedings	2747
thereunderunder it shall thereafter be required.	2748

Sec. 515.081.  The board of township trustees, at the	2749
expiration of an existing contract for lighting, may award a new	2750
contract pursuant to section 515.07 of the Revised Code, unless	2751
the owners of lots and lands, containing in excess of fifty per	2752
cent of the front feet abutting on the streets and public ways of	2753
saidthe unincorporated district in the township sign a petition	2754
for the discontinuance of the artificial lighting and file the	2755
petition with the township clerkfiscal officer not less than	2756
thirty days prior to the expiration of the existing contract.	2757

Sec. 515.12.  (A) All officers shall receive for services	2758
performed under sections 515.01 to 515.11 of the Revised Code, the	2759
same fees allowed for other similar services.	2760

The township clerkfiscal officer shall receive for suchthe	2761
fiscal officer's services the sum of fifty cents from each lot or	2762
land owner for whom a notice is prepared and the sum of fifty	2763
cents for each annual assessment certified to the county auditor.	2764
All	2765

All payments hereunder for the services of township officials	2766
shall be included in the cost of the lighting district and	2767
assessed against the property. SuchThe compensation shall be in	2768
addition to all other compensation provided by law.	2769

(B) The board of township trustees may, by resolution, employ	2770
additional personnel in place of the township clerkfiscal officer	2771
to prepare and certify notices for each lot or land owner and	2772
shall pay a reasonable sum not to exceed fifty cents for each lot	2773
or land owner for whom a notice is prepared and a reasonable sum	2774
not to exceed fifty cents for each annual assessment certified to	2775
the county auditor. The actual cost of suchthe additional	2776
personnel shall be assessed proportionately against each lot or	2777
land owner and shall be included in the cost of the lighting	2778
district.	2779

Sec. 517.05.  On the making of an order or the filing of an	2780
application as provided by section 517.04 of the Revised Code, the	2781
clerktownship fiscal officer shall certify suchthe order or	2782
application to the board of elections not later than four p.m. of	2783
the seventy-fifth day before the day of the election, and, at	2784
least twenty days before an election, the township clerkfiscal	2785
officer shall post written notices in at least three public places	2786
in the township, that a vote will be taken on the question of the	2787
establishment of a cemetery. If a majority of the votes cast at	2788
suchthe election on the proposition is in favor thereofof	2789
establishing a cemetery, the board of township trustees shall	2790
procure the lands for that purpose and levy taxes as provided by	2791
section 517.03 of the Revised Code.	2792

Sec. 517.06.  The board of township trustees shall have the	2793
cemetery laid out in lots, avenues, and paths, and shall number	2794
the lots, and shall have a suitable plat thereofof the lots made,	2795
which plat shall be carefully kept by the township clerkfiscal	2796
officer. SuchThe board shall make and enforce all needful rules	2797
and regulations for the division of suchthe cemetery into lots,	2798
for the allotment thereofof lots to families or individuals, and	2799
for the care, supervision, and improvement thereof, and suchof	2800
the lots. The board shall require the grass and weeds in the	2801
cemetery to be cut and destroyed at least twice each year.	2802
Suitable	2803

Suitable provision shall be made in suchthe cemetery for	2804
persons whose burial is at the expense of the township.	2805

Sec. 517.07.  Upon application, the board of township	2806
trustees shall sell at a reasonable price suchthe number of lots	2807
as public wants demand for burial purposes. Purchasers of lots,	2808
upon complying with the terms of sale, may receive deeds therefor	2809
for the lots which the board shall execute, and which shall be	2810
recorded by the township clerkfiscal officer in a book for that	2811
purpose, and the. The expense of recording shall be paid by the	2812
person receiving the deed. Upon the application of a head of a	2813
family living in the township, the board shall, without charge,	2814
make and deliver to suchthe applicant a deed for a suitable lot	2815
for the burial of histhe applicant's family, if, in the opinion	2816
of the board and by reason of the circumstances of the family,	2817
suchthe payment would be oppressive.	2818

The terms of sale and any deed for lots executed after the	2819
effective date of this amendmentJuly 24, 1986, may include the	2820
following requirements:	2821

(A) The grantee shall provide to the board of township	2822
trustees, in writing, a list of the names and addresses of the	2823
persons to whom the grantee's property would pass by intestate	2824
succession.	2825

(B) The grantee shall notify the board in writing of any	2826
subsequent changes in the name or address of any persons to whom	2827
property would descend.	2828

(C) Any person who receives a township cemetery lot by gift,	2829
inheritance, or any other means other than the original conveyance	2830
shall, within one year after receiving suchthe interest, give	2831
written notice of histhe person's name and address to the board	2832
having control of the cemetery, and shall notify the board of any	2833
subsequent changes in histhe person's name or address.	2834

The terms of sale and any deed for any lots executed in	2835
compliance with the notification requirements set forth in	2836
divisions (A), (B), and (C) of this section shall state that the	2837
board of township trustees shall have right of reentry to the	2838
cemetery lot if the notification requirements are not met. At	2839
least ninety days before establishing reentry, the board shall	2840
send a notice by certified mail to the last known owner at histhe	2841
owner's last known address to inform himthe owner that histhe	2842
owner's interest in the lot will cease unless the notification	2843
requirements are met. If the owner's address is unknown and cannot	2844
reasonably be obtained, it is sufficient to publish the notice	2845
once in a newspaper of general circulation in the county. In order	2846
to establish reentry, the board shall pass a resolution stating	2847
that the conditions of the sale or of the deed have not been	2848
fulfilled, and that the board reclaims its interest in the lot.	2849

The board may limit the terms of sale or the deed for a	2850
cemetery lot by specifying that the owner, a member of the owner's	2851
family, or an owner's descendant must use the lot, or at least one	2852
burial place within the lot, within a specified time period. The	2853
board may specify this time period to be at least twenty but not	2854
more than fifty years, with right of renewal provided at no cost.	2855
At least ninety days prior to the termination date for use of the	2856
cemetery lot, the board shall send a notice to the owner to inform	2857
himthe owner that histhe owner's interest in the lot will cease	2858
on the termination date unless hethe owner contracts for renewal	2859
by that date. The board shall send the notice by certified mail to	2860
the owner if the owner is a resident of the township or is a	2861
nonresident whose address is known. If the owner's address is	2862
unknown and cannot reasonably be obtained, it is sufficient to	2863
publish the notice once in a newspaper of general circulation in	2864
the county.	2865

The terms of sale and any deed for lots conveyed with a	2866
termination date shall state that the board shall have right of	2867
reentry to the lot at the end of the specified time period if the	2868
lot is not used within this time period or renewed for an extended	2869
period. In order to establish reentry, the board shall pass a	2870
resolution stating that the conditions of the sale or of the deed	2871
have not been fulfilled, and that the board reclaims its interest	2872
in the lot. The board shall compensate owners of unused lots who	2873
do not renew the terms of sale or the deed by paying the owner	2874
eighty per cent of the purchase price. The board may repurchase	2875
any cemetery lot from its owner at any time at a price that is	2876
mutually agreed upon by the board and the owner.	2877

Sec. 519.16.  For the purpose of enforcing the zoning	2878
regulations, the board of township trustees may provide for a	2879
system of zoning certificates, and for this purpose may establish	2880
and fill the position of township zoning inspector, together with	2881
such assistants as the board deems necessary, may fix the	2882
compensation for suchthose positions, and may make disbursements	2883
for them. The township clerkfiscal officer may be appointed	2884
secretary of the township zoning commission, secretary of the	2885
township board of zoning appeals, and zoning inspector, and hethe	2886
fiscal officer may receive compensation for suchthe fiscal	2887
officer's services in addition to other compensation allowed by	2888
law.	2889

Sec. 519.161.  The township zoning inspector, before entering	2890
upon the duties of his office, shall give bond, signed by a	2891
bonding or surety company authorized to do business in this state,	2892
or, at histhe inspector's option, signed by two or more	2893
freeholders having real estate in the value of double the amount	2894
of the bond, over and above all incumbrancesencumbrances to the	2895
state, in the sum of not less than one thousand or more than five	2896
thousand dollars as fixed by the board of township trustees. Such	2897
The surety company or real estate bond shall be approved by the	2898
board of township trustees, and the bond shall be conditioned upon	2899
the faithful performance of suchthe zoning inspector's official	2900
duties. SuchThe bond shall be deposited with the township clerk	2901
fiscal officer.	2902

Sec. 519.211.  (A) Except as otherwise provided in division	2903
(B) or (C) of this section, sections 519.02 to 519.25 of the	2904
Revised Code confer no power on any board of township trustees or	2905
board of zoning appeals in respect to the location, erection,	2906
construction, reconstruction, change, alteration, maintenance,	2907
removal, use, or enlargement of any buildings or structures of any	2908
public utility or railroad, whether publicly or privately owned,	2909
or the use of land by any public utility or railroad, for the	2910
operation of its business.	2911

(B)(1) As used in this division, "telecommunications tower"	2912
means any free-standing structure, or any structure to be attached	2913
to a building or other structure, that meets all of the following	2914
criteria:	2915

(a) The free-standing or attached structure is proposed to be	2916
constructed on or after October 31, 1996.	2917

(b) The free-standing or attached structure is proposed to be	2918
owned or principally used by a public utility engaged in the	2919
provision of telecommunications services.	2920

(c) The free-standing or attached structure is proposed to be	2921
located in an unincorporated area of a township, in an area zoned	2922
for residential use.	2923

(d)(i) The free-standing structure is proposed to top at a	2924
height that is greater than either the maximum allowable height of	2925
residential structures within the zoned area as set forth in the	2926
applicable zoning regulations, or the maximum allowable height of	2927
such a free-standing structure as set forth in any applicable	2928
zoning regulations in effect immediately prior to October 31,	2929
1996, or as those regulations subsequently are amended.	2930

(ii) The attached structure is proposed to top at a height	2931
that is greater than either the height of the building or other	2932
structure to which it is to be attached, or the maximum allowable	2933
height of such an attached structure as set forth in any	2934
applicable zoning regulations in effect immediately prior to	2935
October 31, 1996, or as those regulations subsequently are	2936
amended.	2937

(e) The free-standing or attached structure is proposed to	2938
have attached to it radio frequency transmission or reception	2939
equipment.	2940

(2) Sections 519.02 to 519.25 of the Revised Code confer	2941
power on a board of township trustees or board of zoning appeals	2942
with respect to the location, erection, construction,	2943
reconstruction, change, alteration, removal, or enlargement of a	2944
telecommunications tower, but not with respect to the maintenance	2945
or use of such a tower or any change or alteration that would not	2946
substantially increase the tower's height. However, the power so	2947
conferred shall apply to a particular telecommunications tower	2948
only upon the provision of a notice, in accordance with division	2949
(B)(4)(a) of this section, to the person proposing to construct	2950
the tower.	2951

(3) Any person who plans to construct a telecommunications	2952
tower in an area subject to township zoning regulations shall	2953
provide both of the following by certified mail:	2954

(a) Written notice to each owner of property, as shown on the	2955
county auditor's current tax list, whose land is contiguous to or	2956
directly across a street or roadway from the property on which the	2957
tower is proposed to be constructed, stating all of the following	2958
in clear and concise language:	2959

(i) The person's intent to construct the tower;

2960

(ii) A description of the property sufficient to identify the	2961
proposed location;	2962

(iii) That, no later than fifteen days after the date of	2963
mailing of the notice, any such property owner may give written	2964
notice to the board of township trustees requesting that sections	2965
519.02 to 519.25 of the Revised Code apply to the proposed	2966
location of the tower as provided under division (B)(4)(a) of this	2967
section.	2968

If the notice to a property owner is returned unclaimed or	2969
refused, the person shall mail the notice by regular mail. The	2970
failure of delivery of the notice does not invalidate the notice.	2971

(b) Written notice to the board of township trustees of the	2972
information specified in divisions (B)(3)(a)(i) and (ii) of this	2973
section. The notice to the board also shall include verification	2974
that the person has complied with division (B)(3)(a) of this	2975
section.	2976

(4)(a) If the board of township trustees receives notice from	2977
a property owner under division (B)(3)(a)(iii) of this section	2978
within the time specified in that division or if a board member	2979
makes an objection to the proposed location of the	2980
telecommunications tower within fifteen days after the date of	2981
mailing of the notice sent under division (B)(3)(b) of this	2982
section, the board shall request that the clerkfiscal officer of	2983
the township send the person proposing to construct the tower	2984
written notice that the tower is subject to the power conferred by	2985
and in accordance with division (B)(2) of this section. The notice	2986
shall be sent no later than five days after the earlier of the	2987
date the board first receives such a notice from a property owner	2988
or the date upon which a board member makes an objection. Upon the	2989
date of mailing of the notice to the person, sections 519.02 to	2990
519.25 of the Revised Code shall apply to the tower.	2991

(b) If the board of township trustees receives no notice	2992
under division (B)(3)(a)(iii) of this section within the time	2993
prescribed by that division or no board member has an objection as	2994
provided under division (B)(4)(a) of this section within the time	2995
prescribed by that division, division (A) of this section shall	2996
apply to the tower without exception.	2997

(C) Sections 519.02 to 519.25 of the Revised Code confer	2998
power on a board of township trustees or board of zoning appeals	2999
with respect to the location, erection, construction,	3000
reconstruction, change, alteration, maintenance, removal, use, or	3001
enlargement of any buildings or structures of a public utility	3002
engaged in the business of transporting persons or property, or	3003
both, or providing or furnishing such transportation service, over	3004
any public street, road, or highway in this state, and with	3005
respect to the use of land by any such public utility for the	3006
operation of its business, to the extent that any exercise of such	3007
power is reasonable and not inconsistent with Chapters 4901.,	3008
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	3009
However, this division confers no power on a board of township	3010
trustees or board of zoning appeals with respect to a building or	3011
structure of, or the use of land by, a person engaged in the	3012
transportation of farm supplies to the farm or farm products from	3013
farm to market or to food fabricating plants.	3014

(D) Sections 519.02 to 519.25 of the Revised Code confer no	3015
power on any township zoning commission, board of township	3016
trustees, or board of zoning appeals to prohibit the sale or use	3017
of alcoholic beverages in areas where the establishment and	3018
operation of any retail business, hotel, lunchroom, or restaurant	3019
is permitted.	3020

(E)(1) Any person who plans to construct a telecommunications	3021
tower within one hundred feet of a residential dwelling shall	3022
provide a written notice to the owner of the residential dwelling	3023
and to the person occupying the residence, if that person is not	3024
the owner of the residence stating in clear and concise language	3025
the person's intent to construct the tower and a description of	3026
the property sufficient to identify the proposed location. The	3027
notice shall be sent by certified mail. If the notice is returned	3028
unclaimed or refused, the person shall mail the notice by regular	3029
mail. The failure of delivery does not invalidate the notice.	3030

(2) As used in division (E) of this section:

3031

(a) "Residential dwelling" means a building used or intended	3032
to be used as a personal residence by the owner, part-time owner,	3033
or lessee of the building, or any person authorized by such a	3034
person to use the building as a personal residence.	3035

(b) "Telecommunications tower" has the same meaning as in	3036
division (B)(1) of this section, except that the proposed location	3037
of the free-standing or attached structure may be an area other	3038
than an unincorporated area of a township, in an area zoned for	3039
residential use.	3040

Sec. 521.02.  Upon a petition filed with the township clerk	3041
fiscal officer by one or more property owners whose property is	3042
served by a private sewage collection tile, or upon the board's	3043
own initiative by the adoption of a resolution, the board of	3044
township trustees may repair or maintain a private sewage	3045
collection tile within a township road right-of-way in the	3046
township as provided in sections 521.02 to 521.07 of the Revised	3047
Codethis chapter. On receiving a petition, the township clerk	3048
fiscal officer shall give notice to the board of township trustees	3049
a notice of the filing of the petition, together withand a copy	3050
of the petition.	3051

Sec. 521.03.  On receiving a petition filed under section	3052
521.02 of the Revised Code, or at the request of the board of	3053
township trustees, the township clerkfiscal officer shall fix a	3054
time, not more than thirty days after the date of giving notice of	3055
the filing to the board or the date of receiving the request from	3056
the board, and place for a hearing on the issue of repair or	3057
maintenance of the tiles. The clerktownship fiscal officer shall	3058
prepare a notice in writing directed to the lot and land owners	3059
and to the corporations, either public or private, affected by the	3060
improvement. The notice shall set forth the substance of the	3061
petition or board request, and the time and place of the hearing	3062
on it.	3063

If the hearing is to be held in response to a petition, the	3064
clerktownship fiscal officer shall deliver a copy of the notice	3065
to any of the petitioners, who shall see that the notice is served	3066
on each lot or land owner or left at histhe lot or land owner's	3067
usual place of residence, and served on an officer or agent of	3068
each corporation affected by the improvement, at least fifteen	3069
days before the date set for the hearing. If the hearing is to be	3070
held at the request of the board, the board shall see that the	3071
notice is so served. On or before the day of the hearing, the	3072
person serving the notice shall certify, under oath, the time and	3073
manner of service, and shall file this certification with the	3074
clerktownship fiscal officer.	3075

The clerktownship fiscal officer shall give notice of the	3076
hearing to each nonresident lot or land owner, by publication	3077
once, in a newspaper published in and of general circulation in	3078
the county in which the township is situated, at least two weeks	3079
before the day set for the hearing. This notice shall be verified	3080
by affidavit of the printer or other person knowing the fact, and	3081
shall be filed with the clerktownship fiscal officer on or before	3082
the day of the hearing. No further notice of the petition or the	3083
proceedings under it shall thereafter be required.	3084

Sec. 703.201. (A) As used in this section, "condition for	3085
surrendering corporate powers" means any of the following:	3086

(1) The village has been declared to be in a fiscal emergency	3087
under Chapter 118. of the Revised Code and has been in fiscal	3088
emergency for at least three consecutive years with little or no	3089
improvement on the conditions that caused the fiscal emergency	3090
declaration.	3091

(2) The village has failed to properly follow applicable	3092
election laws for at least two consecutive election cycles for any	3093
one elected office in the village.	3094

(3) The village has been declared during an audit conducted	3095
under section 117.11 of the Revised Code to be unauditable under	3096
section 117.41 of the Revised Code in at least two consecutive	3097
audits.	3098

(4) The village does not provide at least two services	3099
typically provided by municipal government, such as police or fire	3100
protection, garbage collection, water or sewer service, emergency	3101
medical services, road maintenance, or similar services.	3102
"Services" does not include any administrative service or	3103
legislative action.	3104

(5) The village has failed for any fiscal year to adopt the	3105
tax budget required by section 5705.28 of the Revised Code.	3106

(6) A village elected official has been convicted of theft in	3107
office, either under section 2921.41 of the Revised Code or an	3108
equivalent criminal statute at the federal level, at least two	3109
times in a period of ten years. The convicted official with	3110
respect to those convictions may be the same person or different	3111
persons.	3112

(B) If the auditor of state finds, in an audit report issued	3113
under division (A) or (B) of section 117.11 of the Revised Code of	3114
a village that has a population of one hundred fifty persons or	3115
less and consists of less than two square miles, that the village	3116
meets at least two conditions for surrendering corporate powers,	3117
the auditor of state shall send a certified copy of the report	3118
together with a letter to the attorney general requesting the	3119
attorney general to institute legal action to dissolve the village	3120
in accordance with division (C) of this section. The report and	3121
letter shall be sent to the attorney general within ten business	3122
days after the auditor of state's transmittal of the report to the	3123
village. The audit report transmitted to the village shall be	3124
accompanied by a notice to the village of the auditor's intent to	3125
refer the report to the attorney general for legal action in	3126
accordance with this section.	3127

(C) Within twenty days of receipt of the auditor of state's	3128
report and letter, the attorney general may file a legal action in	3129
the court of common pleas on behalf of the state to request the	3130
dissolution of the village that is the subject of the audit	3131
report. If a legal action is filed, the court shall hold a hearing	3132
within ninety days after the date the attorney general files the	3133
legal action with the court. Notice of the hearing shall be filed	3134
with the attorney general, the clerk of the village that is the	3135
subject of the action, and each clerkfiscal officer of a township	3136
located wholly or partly within the village.	3137

At the hearing on dissolution, the court shall determine if	3138
the village has a population of one hundred fifty persons or less,	3139
consists of less than two square miles, and meets at least two	3140
conditions for surrendering corporate powers. If the court so	3141
finds, it shall order the dissolution of the village and provide	3142
for the surrender of corporate powers in accordance with section	3143
703.21 of the Revised Code. The attorney general shall file a	3144
certified copy of the court's order of dissolution with the	3145
secretary of state and the county recorder of the county in which	3146
the village is situated, who shall record it in their respective	3147
offices. Upon the recording in the county recorder's office, the	3148
corporate powers of the village shall cease.	3149

(D) For purposes of this section, the population of a village	3150
shall be the population determined either at the last preceding	3151
federal decennial census or according to population estimates	3152
certified by the department of development between decennial	3153
censuses.	3154

(E) The procedure in this section is in addition to the	3155
procedure of section 703.20 of the Revised Code for the surrender	3156
of the corporate powers of a village.	3157

Sec. 707.28.  When a village or a city is incorporated from a	3158
portion of a township, or portions of more than one township, a	3159
proper division of the real and personal property of suchthe	3160
townships, and of the funds for township purposes which are in the	3161
treasury, or in the process of collection, of the townships from	3162
which the territory is taken, shall, upon application of the	3163
village or city treasurer to the probate court of the county in	3164
which the territory is situated, be determined and ordered	3165
transferred to suchthe village or city, in the case of real or	3166
personal property, or, in the case of funds, paid to the village	3167
or city treasurer.	3168

In determining the portion of suchthe real and personal	3169
property and funds to which the village or city is entitled, the	3170
indebtedness of each township shall be taken into consideration.	3171
Ten days' notice of a hearing shall be given by the treasurer of	3172
the applicant to the township clerkfiscal officer of each	3173
township whose property and funds are sought to be divided. The	3174
findings and orders of the probate court under this section shall	3175
be final.	3176

Sec.  709.023. (A) A petition filed under section 709.021 of	3177
the Revised Code that requests to follow this section is for the	3178
special procedure of annexing land into a municipal corporation	3179
when, subject to division (H) of this section, the land also is	3180
not to be excluded from the township under section 503.07 of the	3181
Revised Code. The owners who sign this petition by their signature	3182
expressly waive their right to appeal in law or equity from the	3183
board of county commissioners' entry of any resolution under this	3184
section, waive any rights they may have to sue on any issue	3185
relating to a municipal corporation requiring a buffer as provided	3186
in this section, and waive any rights to seek a variance that	3187
would relieve or exempt them from that buffer requirement.	3188

The petition circulated to collect signatures for the special	3189
procedure in this section shall contain in boldface capital	3190
letters immediately above the heading of the place for signatures	3191
on each part of the petition the following: "WHOEVER SIGNS THIS	3192
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY	3193
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION	3194
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT	3195
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS	3196
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."	3197

(B) Upon the filing of the petition in the office of the	3198
clerk of the board of county commissioners, the clerk shall cause	3199
the petition to be entered upon the board's journal at its next	3200
regular session. This entry shall be the first official act of the	3201
board on the petition. Within five days after the filing of the	3202
petition, the agent for the petitioners shall notify in the manner	3203
and form specified in this division the clerk of the legislative	3204
authority of the municipal corporation to which annexation is	3205
proposed, the clerkfiscal officer of each township any portion of	3206
which is included within the territory proposed for annexation,	3207
the clerk of the board of county commissioners of each county in	3208
which the territory proposed for annexation is located other than	3209
the county in which the petition is filed, and the owners of	3210
property adjacent to the territory proposed for annexation or	3211
adjacent to a road that is adjacent to that territory and located	3212
directly across that road from that territory. The notice shall	3213
refer to the time and date when the petition was filed and the	3214
county in which it was filed and shall have attached or shall be	3215
accompanied by a copy of the petition and any attachments or	3216
documents accompanying the petition as filed.	3217

Notice to a property owner is sufficient if sent by regular	3218
United States mail to the tax mailing address listed on the county	3219
auditor's records. Notice to the appropriate government officer	3220
shall be given by certified mail, return receipt requested, or by	3221
causing the notice to be personally served on the officer, with	3222
proof of service by affidavit of the person who delivered the	3223
notice. Proof of service of the notice on each appropriate	3224
government officer shall be filed with the board of county	3225
commissioners with which the petition was filed.	3226

(C) Within twenty days after the date that the petition is	3227
filed, the legislative authority of the municipal corporation to	3228
which annexation is proposed shall adopt an ordinance or	3229
resolution stating what services the municipal corporation will	3230
provide, and an approximate date by which it will provide them, to	3231
the territory proposed for annexation, upon annexation. The	3232
municipal corporation is entitled in its sole discretion to	3233
provide to the territory proposed for annexation, upon annexation,	3234
services in addition to the services described in that ordinance	3235
or resolution.	3236

If the territory proposed for annexation is subject to zoning	3237
regulations adopted under either Chapter 303. or 519. of the	3238
Revised Code at the time the petition is filed, the legislative	3239
authority of the municipal corporation also shall adopt an	3240
ordinance or resolution stating that, if the territory is annexed	3241
and becomes subject to zoning by the municipal corporation and	3242
that municipal zoning permits uses in the annexed territory that	3243
the municipal corporation determines are clearly incompatible with	3244
the uses permitted under current county or township zoning	3245
regulations in the adjacent land remaining within the township	3246
from which the territory was annexed, the legislative authority of	3247
the municipal corporation will require, in the zoning ordinance	3248
permitting the incompatible uses, the owner of the annexed	3249
territory to provide a buffer separating the use of the annexed	3250
territory and the adjacent land remaining within the township. For	3251
the purposes of this section, "buffer" includes open space,	3252
landscaping, fences, walls, and other structured elements; streets	3253
and street rights-of-way; and bicycle and pedestrian paths and	3254
sidewalks.	3255

The clerk of the legislative authority of the municipal	3256
corporation to which annexation is proposed shall file the	3257
ordinances or resolutions adopted under this division with the	3258
board of county commissioners within twenty days following the	3259
date that the petition is filed. The board shall make these	3260
ordinances or resolutions available for public inspection.	3261

(D) Within twenty-five days after the date that the petition	3262
is filed, the legislative authority of the municipal corporation	3263
to which annexation is proposed and each township any portion of	3264
which is included within the territory proposed for annexation may	3265
adopt and file with the board of county commissioners an ordinance	3266
or resolution consenting or objecting to the proposed annexation.	3267
An objection to the proposed annexation shall be based solely upon	3268
the petition's failure to meet the conditions specified in	3269
division (E) of this section.	3270

If the municipal corporation and each of those townships	3271
timely files an ordinance or resolution consenting to the proposed	3272
annexation, the board at its next regular session shall enter upon	3273
its journal a resolution granting the proposed annexation. If,	3274
instead, the municipal corporation or any of those townships files	3275
an ordinance or resolution that objects to the proposed	3276
annexation, the board of county commissioners shall proceed as	3277
provided in division (E) of this section. Failure of the municipal	3278
corporation or any of those townships to timely file an ordinance	3279
or resolution consenting or objecting to the proposed annexation	3280
shall be deemed to constitute consent by that municipal	3281
corporation or township to the proposed annexation.	3282

(E) Unless the petition is granted under division (D) of this	3283
section, not less than thirty or more than forty-five days after	3284
the date that the petition is filed, the board of county	3285
commissioners shall review it to determine if each of the	3286
following conditions has been met:	3287

(1) The petition meets all the requirements set forth in, and	3288
was filed in the manner provided in, section 709.021 of the	3289
Revised Code.	3290

(2) The persons who signed the petition are owners of the	3291
real estate located in the territory proposed for annexation and	3292
constitute all of the owners of real estate in that territory.	3293

(3) The territory proposed for annexation does not exceed	3294
five hundred acres.	3295

(4) The territory proposed for annexation shares a contiguous	3296
boundary with the municipal corporation to which annexation is	3297
proposed for a continuous length of at least five per cent of the	3298
perimeter of the territory proposed for annexation.	3299

(5) The annexation will not create an unincorporated area of	3300
the township that is completely surrounded by the territory	3301
proposed for annexation.	3302

(6) The municipal corporation to which annexation is proposed	3303
has agreed to provide to the territory proposed for annexation the	3304
services specified in the relevant ordinance or resolution adopted	3305
under division (C) of this section.	3306

(7) If a street or highway will be divided or segmented by	3307
the boundary line between the township and the municipal	3308
corporation as to create a road maintenance problem, the municipal	3309
corporation to which annexation is proposed has agreed as a	3310
condition of the annexation to assume the maintenance of that	3311
street or highway or to otherwise correct the problem. As used in	3312
this section, "street" or "highway" has the same meaning as in	3313
section 4511.01 of the Revised Code.	3314

(F) Not less than thirty or more than forty-five days after	3315
the date that the petition is filed, if the petition is not	3316
granted under division (D) of this section, the board of county	3317
commissioners, if it finds that each of the conditions specified	3318
in division (E) of this section has been met, shall enter upon its	3319
journal a resolution granting the annexation. If the board of	3320
county commissioners finds that one or more of the conditions	3321
specified in division (E) of this section have not been met, it	3322
shall enter upon its journal a resolution that states which of	3323
those conditions the board finds have not been met and that denies	3324
the petition.	3325

(G) If a petition is granted under division (D) or (F) of	3326
this section, the clerk of the board of county commissioners shall	3327
proceed as provided in division (C)(1) of section 709.033 of the	3328
Revised Code, except that no recording or hearing exhibits would	3329
be involved. There is no appeal in law or equity from the board's	3330
entry of any resolution under this section, but any party may seek	3331
a writ of mandamus to compel the board of county commissioners to	3332
perform its duties under this section.	3333

(H) Notwithstanding anything to the contrary in section	3334
503.07 of the Revised Code, unless otherwise provided in an	3335
annexation agreement entered into pursuant to section 709.192 of	3336
the Revised Code or in a cooperative economic development	3337
agreement entered into pursuant to section 701.07 of the Revised	3338
Code, territory annexed into a municipal corporation pursuant to	3339
this section shall not at any time be excluded from the township	3340
under section 503.07 of the Revised Code and, thus, remains	3341
subject to the township's real property taxes.	3342

(I) Any owner of land that remains within a township and that	3343
is adjacent to territory annexed pursuant to this section who is	3344
directly affected by the failure of the annexing municipal	3345
corporation to enforce compliance with any zoning ordinance it	3346
adopts under division (C) of this section requiring the owner of	3347
the annexed territory to provide a buffer zone, may commence in	3348
the court of common pleas a civil action against that owner to	3349
enforce compliance with that buffer requirement whenever the	3350
required buffer is not in place before any development of the	3351
annexed territory begins.	3352

Sec. 709.024. (A) A petition filed under section 709.021 of	3353
the Revised Code that requests to follow this section is for the	3354
special procedure of annexing land into a municipal corporation	3355
for the purpose of undertaking a significant economic development	3356
project. As used in this section, "significant economic	3357
development project" means one or more economic development	3358
projects that can be classified as industrial, distribution, high	3359
technology, research and development, or commercial, which	3360
projects may include ancillary residential and retail uses and	3361
which projects shall satisfy all of the following:	3362

(1) Total private real and personal property investment in a	3363
project shall be in excess of ten million dollars through land and	3364
infrastructure, new construction, reconstruction, installation of	3365
fixtures and equipment, or the addition of inventory, excluding	3366
investment solely related to the ancillary residential and retail	3367
elements, if any, of the project. As used in this division,	3368
"private real and personal property investment" does not include	3369
payments in lieu of taxes, however characterized, under Chapter	3370
725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75,	3371
or 5709.78 to 5709.81 of the Revised Code.	3372

(2) There shall be created by the project an additional	3373
annual payroll in excess of one million dollars, excluding payroll	3374
arising solely out of the retail elements, if any, of the project.	3375

(3) The project has been certified by the state director of	3376
development as meeting the requirements of divisions (A)(1) and	3377
(2) of this section.	3378

(B) Upon the filing of the petition under section 709.021 of	3379
the Revised Code in the office of the clerk of the board of county	3380
commissioners, the clerk shall cause the petition to be entered	3381
upon the journal of the board at its next regular session. This	3382
entry shall be the first official act of the board on the	3383
petition. Within five days after the filing of the petition, the	3384
agent for the petitioners shall notify in the manner and form	3385
specified in this division the clerk of the legislative authority	3386
of the municipal corporation to which annexation is proposed, the	3387
clerkfiscal officer of each township any portion of which is	3388
included within the territory proposed for annexation, the clerk	3389
of the board of county commissioners of each county in which the	3390
territory proposed for annexation is located other than the county	3391
in which the petition is filed, and the owners of property	3392
adjacent to the territory proposed for annexation or adjacent to a	3393
road that is adjacent to that territory and located directly	3394
across that road from that territory. The notice shall refer to	3395
the time and date when the petition was filed and the county in	3396
which it was filed and shall have attached or shall be accompanied	3397
by a copy of the petition and any attachments or documents	3398
accompanying the petition as filed.	3399

Notice to a property owner is sufficient if sent by regular	3400
United States mail to the tax mailing address listed on the county	3401
auditor's records. Notice to the appropriate government officer	3402
shall be given by certified mail, return receipt requested, or by	3403
causing the notice to be personally served on the officer, with	3404
proof of service by affidavit of the person who delivered the	3405
notice. Proof of service of the notice on each appropriate	3406
government officer shall be filed with the board of county	3407
commissioners with which the petition was filed.	3408

(C)(1) Within thirty days after the petition is filed, the	3409
legislative authority of the municipal corporation to which	3410
annexation is proposed and each township any portion of which is	3411
included within the territory proposed for annexation may adopt	3412
and file with the board of county commissioners an ordinance or	3413
resolution consenting or objecting to the proposed annexation. An	3414
objection to the proposed annexation shall be based solely upon	3415
the petition's failure to meet the conditions specified in	3416
division (F) of this section. Failure of the municipal corporation	3417
or any of those townships to timely file an ordinance or	3418
resolution consenting or objecting to the proposed annexation	3419
shall be deemed to constitute consent by that municipal	3420
corporation or township to the proposed annexation.	3421

(2) Within twenty days after receiving the notice required by	3422
division (B) of this section, the legislative authority of the	3423
municipal corporation shall adopt, by ordinance or resolution, a	3424
statement indicating what services the municipal corporation will	3425
provide or cause to be provided, and an approximate date by which	3426
it will provide or cause them to be provided, to the territory	3427
proposed for annexation, upon annexation. If a hearing is to be	3428
conducted under division (E) of this section, the legislative	3429
authority shall file the statement with the clerk of the board of	3430
county commissioners at least twenty days before the date of the	3431
hearing.	3432

(D) If all parties to the annexation proceedings consent to	3433
the proposed annexation, a hearing shall not be held, and the	3434
board, at its next regular session, shall enter upon its journal a	3435
resolution granting the annexation. There is no appeal in law or	3436
in equity from the board's entry of a resolution under this	3437
division. The clerk of the board shall proceed as provided in	3438
division (C)(1) of section 709.033 of the Revised Code.	3439

(E) Unless the petition is granted under division (D) of this	3440
section, a hearing shall be held on the petition. The board of	3441
county commissioners shall hear the petition at its next regular	3442
session and shall notify the agent for the petitioners of the	3443
hearing's date, time, and place. The agent for the petitioners	3444
shall give, within five days after receipt of the notice of the	3445
hearing from the board, to the parties and property owners	3446
entitled to notice under division (B) of this section, notice of	3447
the date, time, and place of the hearing. Notice to a property	3448
owner is sufficient if sent by regular United States mail to the	3449
tax mailing address listed on the county auditor's records. At the	3450
hearing, the parties and any owner of real estate within the	3451
territory proposed to be annexed are entitled to appear for the	3452
purposes described in division (C) of section 709.032 of the	3453
Revised Code.	3454

(F) Within thirty days after a hearing under division (E) of	3455
this section, the board of county commissioners shall enter upon	3456
its journal a resolution granting or denying the proposed	3457
annexation. The resolution shall include specific findings of fact	3458
as to whether or not each of the conditions listed in this	3459
division has been met. If the board grants the annexation, the	3460
clerk of the board shall proceed as provided in division (C)(1) of	3461
section 709.033 of the Revised Code.	3462

The board shall enter a resolution granting the annexation if	3463
it finds, based upon a preponderance of the substantial, reliable,	3464
and probative evidence on the whole record, that each of the	3465
following conditions has been met:	3466

(1) The petition meets all the requirements set forth in, and	3467
was filed in the manner provided in, section 709.021 of the	3468
Revised Code.	3469

(2) The persons who signed the petition are owners of real	3470
estate located in the territory proposed to be annexed in the	3471
petition and constitute all of the owners of real estate in that	3472
territory.	3473

(3) No street or highway will be divided or segmented by the	3474
boundary line between a township and the municipal corporation as	3475
to create a road maintenance problem, or if the street or highway	3476
will be so divided or segmented, the municipal corporation has	3477
agreed, as a condition of the annexation, that it will assume the	3478
maintenance of that street or highway. For the purposes of this	3479
division, "street" or "highway" has the same meaning as in section	3480
4511.01 of the Revised Code.	3481

(4) The municipal corporation to which the territory is	3482
proposed to be annexed has adopted an ordinance or resolution as	3483
required by division (C)(2) of this section.	3484

(5) The state director of development has certified that the	3485
project meets the requirements of divisions (A)(1) and (2) of this	3486
section and thereby qualifies as a significant economic	3487
development project. The director's certification is binding on	3488
the board of county commissioners.	3489

(G) An owner who signed the petition may appeal a decision of	3490
the board of county commissioners denying the proposed annexation	3491
under section 709.07 of the Revised Code. No other person has	3492
standing to appeal the board's decision in law or in equity. If	3493
the board grants the annexation, there shall be no appeal in law	3494
or in equity.	3495

(H) Notwithstanding anything to the contrary in section	3496
503.07 of the Revised Code, unless otherwise provided in an	3497
annexation agreement entered into pursuant to section 709.192 of	3498
the Revised Code or in a cooperative economic development	3499
agreement entered into pursuant to section 701.07 of the Revised	3500
Code, territory annexed into a municipal corporation pursuant to	3501
this section shall not at any time be excluded from the township	3502
under section 503.07 of the Revised Code and, thus, remains	3503
subject to the township's real property taxes.	3504

(I) A municipal corporation to which annexation is proposed	3505
is entitled in its sole discretion to provide to the territory	3506
proposed for annexation, upon annexation, services in addition to	3507
the services described in the ordinance or resolution adopted by	3508
the legislative authority of the municipal corporation under	3509
division (C)(2) of this section.	3510

Sec. 709.03.  The petition required by section 709.02 of the	3511
Revised Code shall be filed in the office of the board of county	3512
commissioners, and the clerk shall cause the petition to be	3513
entered upon the record of proceedings of the board, which entry	3514
shall be the first official act of the board on the annexation	3515
petition, and shall cause the petition to be filed in the office	3516
of the county auditor, where it shall be subject to the inspection	3517
of any interested person. The agent for the petitioners shall	3518
cause written notice of the filing of the petition with the board	3519
of county commissioners and the date of suchthe filing to be	3520
delivered to the clerk of the legislative authority of the	3521
municipal corporation to which annexation is proposed and to the	3522
clerkfiscal officer of each township any portion of which is	3523
included within the territory sought to be annexed. Any person who	3524
signed the petition for annexation petition may remove histhe	3525
person's signature by filing with the clerk of the board of county	3526
commissioners a written notice of withdrawal of histhe person's	3527
signature within twenty days after such athe notice of filing is	3528
delivered to the clerkfiscal officer of the township in which he	3529
the person resides. Thereafter, signatures may be withdrawn or	3530
removed only in the manner authorized by section 709.032 of the	3531
Revised Code.	3532

Sec. 709.033.  (A) After the hearing on a petition for	3533
annexation, the board of county commissioners shall enter upon its	3534
journal a resolution granting the annexation if it finds, based	3535
upon a preponderance of the substantial, reliable, and probative	3536
evidence on the whole record, that each of the following	3537
conditions has been met:	3538

(1) The petition meets all the requirements set forth in, and	3539
was filed in the manner provided in, section 709.02 of the Revised	3540
Code.	3541

(2) The persons who signed the petition are owners of real	3542
estate located in the territory proposed to be annexed in the	3543
petition, and, as of the time the petition was filed with the	3544
board of county commissioners, the number of valid signatures on	3545
the petition constituted a majority of the owners of real estate	3546
in that territory.	3547

(3) The municipal corporation to which the territory is	3548
proposed to be annexed has complied with division (D) of section	3549
709.03 of the Revised Code.	3550

(4) The territory proposed to be annexed is not unreasonably	3551
large.	3552

(5) On balance, the general good of the territory proposed to	3553
be annexed will be served, and the benefits to the territory	3554
proposed to be annexed and the surrounding area will outweigh the	3555
detriments to the territory proposed to be annexed and the	3556
surrounding area, if the annexation petition is granted. As used	3557
in division (A)(5) of this section, "surrounding area" means the	3558
territory within the unincorporated area of any township located	3559
one-half mile or less from any of the territory proposed to be	3560
annexed.	3561

(6) No street or highway will be divided or segmented by the	3562
boundary line between a township and the municipal corporation as	3563
to create a road maintenance problem, or, if a street or highway	3564
will be so divided or segmented, the municipal corporation has	3565
agreed, as a condition of the annexation, that it will assume the	3566
maintenance of that street or highway. For the purposes of this	3567
division, "street" or "highway" has the same meaning as in section	3568
4511.01 of the Revised Code.	3569

(B) The board of county commissioners shall enter upon its	3570
journal a resolution granting or denying the petition for	3571
annexation within thirty days after the hearing provided for in	3572
section 709.032 of the Revised Code. The resolution shall include	3573
specific findings of fact as to whether each of the conditions	3574
listed in divisions (A)(1) to (6) of this section has been met.	3575
Upon journalization of the resolution, the clerk of the board	3576
shall send a certified copy of it to the agent for the	3577
petitioners, the clerk of the legislative authority of the	3578
municipal corporation to which annexation is proposed, the clerk	3579
fiscal officer of each township in which the territory proposed	3580
for annexation is located, and the clerk of the board of county	3581
commissioners of each county in which the territory proposed for	3582
annexation is located other than the county in which the petition	3583
is filed. The clerk of the board shall take no further action	3584
until the expiration of thirty days after the date of	3585
journalization.	3586

(C) After the expiration of that thirty-day period, if no	3587
appeal has been timely filed under section 709.07 of the Revised	3588
Code, the clerk of the board of county commissioners shall take	3589
one of the following actions:	3590

(1) If the board granted the petition for annexation, the	3591
clerk shall deliver a certified copy of the entire record of the	3592
annexation proceedings, including all resolutions of the board,	3593
signed by a majority of the members of the board, the petition,	3594
map, and all other papers on file, the recording of the	3595
proceedings, if a copy is available, and exhibits presented at the	3596
hearing relating to the annexation proceedings, to the auditor or	3597
clerk of the municipal corporation to which annexation is	3598
proposed.	3599

(2) If the board denied the petition for annexation, the	3600
clerk shall send a certified copy of its resolution denying the	3601
annexation to the agent for the petitioners and to the clerk of	3602
the municipal corporation to which the annexation was proposed.	3603

(D) If an appeal is filed in a timely manner under section	3604
709.07 of the Revised Code from the determination of the board of	3605
county commissioners granting or denying the petition for	3606
annexation, the clerk of the board shall take further action only	3607
in accordance with that section.	3608

Sec. 709.46.  (A) If the question of merging one or more	3609
municipal corporations and the unincorporated area of a township,	3610
as provided in section 709.45 of the Revised Code, is disapproved	3611
by a majority of those voting on it in the township or a municipal	3612
corporation proposed to be merged or in the municipal corporation	3613
with which merger is proposed, no further petitions shall be filed	3614
under that section proposing the same merger for at least three	3615
years after the date of that disapproval.	3616

If the question of merging is approved by a majority of those	3617
voting on it in each political subdivision proposed to be merged	3618
and in the municipal corporation with which merger is proposed,	3619
the five candidates from each of those political subdivisions	3620
shall be elected to the commission to formulate the conditions of	3621
merging the political subdivisions. The first meeting of the	3622
commission shall be held in the chamber of the legislative	3623
authority of the municipal corporation that has the smallest	3624
population or, in the case of a merger of the unincorporated area	3625
of a township and one or more municipal corporations, in the	3626
office of the board of township trustees, at nine a.m. on the	3627
tenth day after the certification of the election by the last of	3628
the respective boards of elections to make that certification,	3629
unless that day is a Saturday, Sunday, or holiday, in which case	3630
the first meeting shall be held on the next day thereafter which	3631
is not a Saturday, Sunday, or holiday.	3632

The clerk of the municipal legislative authority or the	3633
fiscal officer of the board of township trustees in whose chamber	3634
or office the first meeting of the commission is held shall serve	3635
as temporary chairperson until permanent officers are elected. The	3636
commission shall elect its own permanent officers and shall	3637
proceed to meet as often as necessary to formulate conditions for	3638
merger that are satisfactory to a majority of the members of the	3639
commission from each political subdivision.	3640

(B) In case of a vacancy on the commission, the vacancy shall	3641
be filled by an appointee of the legislative authority of the	3642
municipal corporation, or the board of township trustees of the	3643
township, that the prior commissioner represented. The person	3644
appointed to fill the vacancy shall be an elector of that	3645
political subdivision and, if the person is representing a	3646
township, shall reside in the unincorporated area of that	3647
township.	3648

(C) The costs of the commission shall be divided among the	3649
participating political subdivisions in proportion to the	3650
population that each participating political subdivision bears to	3651
the total population of the territory proposed to be merged. For	3652
these purposes, a township's population shall be based solely upon	3653
the population of the unincorporated area of the township proposed	3654
to be merged. It shall be a proper public purpose for a municipal	3655
corporation or township to expend general fund moneys for these	3656
payments.	3657

(D) All meetings of the commission shall be subject to the	3658
requirements of section 121.22 of the Revised Code.	3659

Sec. 711.05.  (A) Upon the submission of a plat for approval,	3660
in accordance with section 711.041 of the Revised Code, the board	3661
of county commissioners shall certify on it the date of the	3662
submission. Within five days of submission of the plat, the board	3663
shall schedule a meeting to consider the plat and send a written	3664
notice by regular mail to the clerkfiscal officer of the board of	3665
township trustees of the township in which the plat is located.	3666
The notice shall inform the trustees of the submission of the plat	3667
and of the date, time, and location of any meeting at which the	3668
board of county commissioners will consider or act upon the	3669
proposed plat. The meeting shall take place within thirty days of	3670
submission of the plat, and no meeting shall be held until at	3671
least seven days have passed from the date the notice was sent by	3672
the board of county commissioners. The approval of the board	3673
required by section 711.041 of the Revised Code or the refusal to	3674
approve shall take place within thirty days from the date of	3675
submission or such further time as the applying party may agree to	3676
in writing; otherwise the plat is deemed approved and may be	3677
recorded as if bearing such approval.	3678

(B) The board may adopt general rules governing plats and	3679
subdivisions of land falling within its jurisdiction, to secure	3680
and provide for the coordination of the streets within the	3681
subdivision with existing streets and roads or with existing	3682
county highways, for the proper amount of open spaces for traffic,	3683
circulation, and utilities, and for the avoidance of future	3684
congestion of population detrimental to the public health, safety,	3685
or welfare but shall not impose a greater minimum lot area than	3686
forty-eight hundred square feet. Before the board may amend or	3687
adopt rules, it shall notify all the townships in the county of	3688
the proposed amendments or rules by regular mail at least thirty	3689
days before the public meeting at which the proposed amendments or	3690
rules are to be considered.	3691

The rules may require the county department of health to	3692
review and comment on a plat before the board of county	3693
commissioners acts upon it and may also require proof of	3694
compliance with any applicable zoning resolutions as a basis for	3695
approval of a plat. Where under the provisions of section 711.101	3696
of the Revised Code the board of county commissioners has set up	3697
standards and specifications for the construction of streets,	3698
utilities, and other improvements for common use, such general	3699
rules may require the submission of appropriate plans and	3700
specifications for approval. The board shall not require the	3701
person submitting the plat to alter the plat or any part of it as	3702
a condition for approval, as long as the plat is in accordance	3703
with general rules governing plats and subdivisions of land,	3704
adopted by the board as provided in this section, in effect at the	3705
time the plat was submitted and the plat is in accordance with any	3706
standards and specifications set up under section 711.101 of the	3707
Revised Code, in effect at the time the plat was submitted.	3708

(C) The ground of refusal to approve any plat, submitted in	3709
accordance with section 711.041 of the Revised Code, shall be	3710
stated upon the record of the board, and, within sixty days	3711
thereafter, the person submitting any plat that the board refuses	3712
to approve may file a petition in the court of common pleas of the	3713
county in which the land described in the plat is situated to	3714
review the action of the board. A board of township trustees is	3715
not entitled to appeal a decision of the board of county	3716
commissioners under this section.	3717

Sec. 711.10. (A) Whenever a county planning commission or a	3718
regional planning commission adopts a plan for the major streets	3719
or highways of the county or region, no plat of a subdivision of	3720
land within the county or region, other than land within a	3721
municipal corporation or land within three miles of a city or one	3722
and one-half miles of a village as provided in section 711.09 of	3723
the Revised Code, shall be recorded until it is approved by the	3724
county or regional planning commission under division (C) of this	3725
section and the approval is endorsed in writing on the plat.	3726

(B) A county or regional planning commission may require the	3727
submission of a preliminary plan for each plat sought to be	3728
recorded. If the commission requires this submission, it shall	3729
provide for a review process for the preliminary plan. Under this	3730
review process, the planning commission shall give its approval,	3731
its approval with conditions, or its disapproval of each	3732
preliminary plan. The commission's decision shall be in writing,	3733
shall be under the signature of the secretary of the commission,	3734
and shall be issued within thirty-five business days after the	3735
submission of the preliminary plan to the commission. The	3736
disapproval of a preliminary plan shall state the reasons for the	3737
disapproval. A decision of the commission under this division is	3738
preliminary to and separate from the commission's decision to	3739
approve, conditionally approve, or refuse to approve a plat under	3740
division (C) of this section.	3741

(C) Within five calendar days after the submission of a plat	3742
for approval under this division, the county or regional planning	3743
commission shall schedule a meeting to consider the plat and send	3744
a notice by regular mail or by electronic mail to the clerkfiscal	3745
officer of the board of township trustees of the township in which	3746
the plat is located. The notice shall inform the trustees of the	3747
submission of the plat and of the date, time, and location of any	3748
meeting at which the county or regional planning commission will	3749
consider or act upon the plat. The meeting shall take place within	3750
thirty calendar days after submission of the plat, and no meeting	3751
shall be held until at least seven calendar days have passed from	3752
the date the planning commission sent the notice.	3753

The approval of the county or regional planning commission,	3754
the commission's conditional approval as described in this	3755
division, or the refusal of the commission to approve shall be	3756
endorsed on the plat within thirty calendar days after the	3757
submission of the plat for approval under this division or within	3758
such further time as the applying party may agree to in writing;	3759
otherwise that plat is deemed approved, and the certificate of the	3760
commission as to the date of the submission of the plat for	3761
approval under this division and the failure to take action on it	3762
within that time shall be sufficient in lieu of the written	3763
endorsement or evidence of approval required by this division.	3764

A county or regional planning commission may grant	3765
conditional approval under this division to a plat by requiring a	3766
person submitting the plat to alter the plat or any part of it,	3767
within a specified period after the end of the thirty calendar	3768
days, as a condition for final approval under this division. Once	3769
all the conditions have been met within the specified period, the	3770
commission shall cause its final approval under this division to	3771
be endorsed on the plat. No plat shall be recorded until it is	3772
endorsed with the commission's final or unconditional approval	3773
under this division.	3774

The ground of refusal of approval of any plat submitted under	3775
this division, including citation of or reference to the rule	3776
violated by the plat, shall be stated upon the record of the	3777
county or regional planning commission. Within sixty calendar days	3778
after the refusal under this division, the person submitting any	3779
plat that the commission refuses to approve under this division	3780
may file a petition in the court of common pleas of the proper	3781
county, and the proceedings on the petition shall be governed by	3782
section 711.09 of the Revised Code as in the case of the refusal	3783
of a planning authority to approve a plat. A board of township	3784
trustees is not entitled to appeal a decision of the commission	3785
under this division.	3786

A county or regional planning commission shall adopt general	3787
rules, of uniform application, governing plats and subdivisions of	3788
land falling within its jurisdiction, to secure and provide for	3789
the proper arrangement of streets or other highways in relation to	3790
existing or planned streets or highways or to the county or	3791
regional plan, for adequate and convenient open spaces for	3792
traffic, utilities, access of firefighting apparatus, recreation,	3793
light, and air, and for the avoidance of congestion of population.	3794
The rules may provide for their modification by the commission in	3795
specific cases where unusual topographical and other exceptional	3796
conditions require the modification. The rules may require the	3797
county department of health to review and comment on a plat before	3798
the commission acts upon it and also may require proof of	3799
compliance with any applicable zoning resolutions as a basis for	3800
approval of a plat.	3801

Before adoption of its rules or amendment of its rules, the	3802
commission shall hold a public hearing on the adoption or	3803
amendment. Notice of the public hearing shall be sent to all	3804
townships in the county or region by regular mail or electronic	3805
mail at least thirty business days before the hearing. No county	3806
or regional planning commission shall adopt any rules requiring	3807
actual construction of streets or other improvements or facilities	3808
or assurance of that construction as a condition precedent to the	3809
approval of a plat of a subdivision unless the requirements have	3810
first been adopted by the board of county commissioners after a	3811
public hearing. A copy of the rules shall be certified by the	3812
planning commission to the county recorders of the appropriate	3813
counties.	3814

After a county or regional street or highway plan has been	3815
adopted as provided in this section, the approval of plats and	3816
subdivisions provided for in this section shall be in lieu of any	3817
approvals provided for in other sections of the Revised Code,	3818
insofar as the territory within the approving jurisdiction of the	3819
county or regional planning commission, as provided in this	3820
section, is concerned. Approval of a plat shall not be an	3821
acceptance by the public of the dedication of any street, highway,	3822
or other way or open space shown upon the plat.	3823

No county or regional planning commission shall require a	3824
person submitting a plat to alter the plat or any part of it as	3825
long as the plat is in accordance with the general rules governing	3826
plats and subdivisions of land, adopted by the commission as	3827
provided in this section, in effect at the time the plat is	3828
submitted.	3829

A county or regional planning commission and a city or	3830
village planning commission, or platting commissioner or	3831
legislative authority of a village, with subdivision regulation	3832
jurisdiction over unincorporated territory within the county or	3833
region may cooperate and agree by written agreement that the	3834
approval of a plat by the city or village planning commission, or	3835
platting commissioner or legislative authority of a village, as	3836
provided in section 711.09 of the Revised Code, shall be	3837
conditioned upon receiving advice from or approval by the county	3838
or regional planning commission.	3839

(D) As used in this section, "business day" means a day of	3840
the week excluding Saturday, Sunday, or a legal holiday as defined	3841
in section 1.14 of the Revised Code.	3842

Sec. 715.691.  (A) As used in this section:

3843

(1) "Contracting party" means a municipal corporation that	3844
has entered into a joint economic development zone contract or any	3845
party succeeding to such athe municipal corporation, or a	3846
township that entered into a joint economic development zone	3847
contract with a municipal corporation.	3848

(2) "Zone" means a joint economic development zone designated	3849
under this section.	3850

(B) This section provides alternative procedures and	3851
requirements for creating and operating a joint economic	3852
development zone to those set forth in section 715.69 of the	3853
Revised Code. This section applies only if one of the contracting	3854
parties to the zone does not levy a municipal income tax under	3855
Chapter 718. of the Revised Code. A municipal corporation that	3856
does not levy a municipal income tax may enter into an agreement	3857
to create and operate a joint economic development zone under this	3858
section or under section 715.69 of the Revised Code.	3859

Two or more municipal corporations or one or more townships	3860
and one or more municipal corporations may enter into a contract	3861
whereby they agree to share in the costs of improvements for an	3862
area or areas located in one or more of the contracting parties	3863
that they designate as a joint economic development zone for the	3864
purpose of facilitating new or expanded growth for commercial or	3865
economic development in the state. The contract and zone shall	3866
meet the requirements of divisions (B) to (J) of this section.	3867

(C) The contract shall set forth each contracting party's	3868
contribution to the joint economic development zone. The	3869
contributions may be in any form that the contracting parties	3870
agree to, and may include, but are not limited to, the provision	3871
of services, money, or equipment. The contract may be amended,	3872
renewed, or terminated with the consent of the contracting	3873
parties. The contract shall continue in existence throughout the	3874
term it specifies and shall be binding on the contracting parties	3875
and on any entities succeeding to the contracting parties.	3876

(D) Before the legislative authority of any of the	3877
contracting parties enacts an ordinance or resolution approving a	3878
contract to designate a joint economic development zone, the	3879
legislative authority of each of the contracting parties shall	3880
hold a public hearing concerning the contract and zone. Each such	3881
legislative authority shall provide at least thirty days' public	3882
notice of the time and place of the public hearing in a newspaper	3883
of general circulation in the municipal corporation or township.	3884
During the thirty-day period prior to the public hearing, all of	3885
the following documents shall be available for public inspection	3886
in the office of the clerk of the legislative authority of eacha	3887
municipal corporation that is a contracting party and in the	3888
office of the fiscal officer of thea township that is a	3889
contracting partiesparty:	3890

(1) A copy of the contract designating the zone;

3891

(2) A description of the area or areas to be included in the	3892
zone, including a map in sufficient detail to denote the specific	3893
boundaries of the area or areas;	3894

(3) An economic development plan for the zone that includes a	3895
schedule for the provision of any new, expanded, or additional	3896
services, facilities, or improvements.	3897

A public hearing held under division (D) of this section	3898
shall allow for public comment and recommendations on the contract	3899
and zone. The contracting parties may include in the contract any	3900
of those recommendations prior to approval of the contract.	3901

(E) After the public hearings required under division (D) of	3902
this section have been held, each contracting party may enact an	3903
ordinance or resolution approving the contract to designate a	3904
joint economic development zone. After each contracting party has	3905
enacted such an ordinance or resolution, the clerk of the	3906
legislative authority of eacha municipal corporation that is a	3907
contracting party and the fiscal officer of a township that is a	3908
contracting party shall file with the board of elections of each	3909
county within which a contracting party is located a copy of the	3910
ordinance or resolution approving the contract and shall direct	3911
the board of elections to submit the ordinance or resolution to	3912
the electors of the contracting party on the day of the next	3913
general, primary, or special election occurring at least	3914
seventy-five days after the ordinance or resolution is filed with	3915
the board of elections. If any of the contracting parties is a	3916
township, however, then only the township or townships shall	3917
submit the resolution to the electors.	3918

(F)(1) If a vote is required to approve a municipal	3919
corporation as a contracting party to a joint economic development	3920
zone under this section, the ballot shall be in the following	3921
form:	3922

"Shall the ordinance of the legislative authority of the	3923
(city or village) of (name of contracting party) approving the	3924
contract with (name of each other contracting party) for the	3925
designation of a joint economic development zone be approved?	3926

3927

		FOR THE ORDINANCE AND CONTRACT			3928
		AGAINST THE ORDINANCE AND CONTRACT	"		3929

3930

(2) If a vote is required to approve a township as a	3931
contracting party to a joint economic development zone under this	3932
section, the ballot shall be in the following form:	3933

"Shall the resolution of the board of township trustees of	3934
the township of (name of contracting party) approving the contract	3935
with (name of each other contracting party) for the designation of	3936
a joint economic development zone be approved?	3937

3938

		FOR THE RESOLUTION AND CONTRACT			3939
		AGAINST THE RESOLUTION AND CONTRACT	"		3940

3941

If a majority of the electors of each contracting party	3942
voting on the issue vote for the ordinance or resolution and	3943
contract, the ordinance or resolution shall become effective	3944
immediately and the contract shall go into effect immediately or	3945
in accordance with its terms.	3946

(G)(1) A board of directors shall govern each joint economic	3947
development zone created under section 715.691 of the Revised	3948
Code. The members of the board shall be appointed as provided in	3949
the contract. Each of the contracting parties shall appoint three	3950
members to the board. Terms for each member shall be for two	3951
years, each term ending on the same day of the month of the year	3952
as did the term that it succeeds. A member may be reappointed to	3953
the board.	3954

(2) Membership on the board is not the holding of a public	3955
office or employment within the meaning of any section of the	3956
Revised Code or any charter provision prohibiting the holding of	3957
other public office or employment. Membership on the board is not	3958
a direct or indirect interest in a contract or expenditure of	3959
money by a municipal corporation, township, county, or other	3960
political subdivision with which a member may be affiliated.	3961
Notwithstanding any provision of law or a charter to the contrary,	3962
no member of the board shall forfeit or be disqualified from	3963
holding any public office or employment by reason of membership on	3964
the board.	3965

(3) The board is a public body for the purposes of section	3966
121.22 of the Revised Code. Chapter 2744. of the Revised Code	3967
applies to the board and the zone.	3968

(H) The contract may grant to the board of directors	3969
appointed under division (G) of this section the power to adopt a	3970
resolution to levy an income tax within the zone. The income tax	3971
shall be used for the purposes of the zone and for the purposes of	3972
the contracting municipal corporations pursuant to the contract.	3973
The income tax may be levied in the zone based on income earned by	3974
persons working within the zone and on the net profits of	3975
businesses located in the zone. The income tax is subject to	3976
Chapter 718. of the Revised Code, except that a vote shall be	3977
required by the electors residing in the zone to approve the rate	3978
of income tax unless a majority of the electors residing within	3979
the zone, as determined by the total number of votes cast in the	3980
zone for the office of governor at the most recent general	3981
election for that office, submit a petition to the board	3982
requesting that the election provided for in division (H)(1) of	3983
this section not be held. If no electors reside within the zone,	3984
then division (H)(3) of this section applies. The rate of the	3985
income tax shall be no higher than the highest rate being levied	3986
by a municipal corporation that is a party to the contract.	3987

(1) The board of directors may levy an income tax at a rate	3988
that is not higher than the highest rate being levied by a	3989
municipal corporation that is a party to the contract, provided	3990
that the rate of the income tax is first submitted to and approved	3991
by the electors of the zone at the succeeding regular or primary	3992
election, or a special election called by the board, occurring	3993
subsequent to seventy-five days after a certified copy of the	3994
resolution levying the income tax and calling for the election is	3995
filed with the board of elections. If the voters approve the levy	3996
of the income tax, the income tax shall be in force for the full	3997
period of the contract establishing the zone. No election shall be	3998
held under this section if a majority of the electors residing	3999
within the zone, determined as specified in division (H) of this	4000
section, submit a petition to that effect to the board of	4001
directors. Any increase in the rate of an income tax by the board	4002
of directors shall be approved by a vote of the electors of the	4003
zone and shall be in force for the remaining period of the	4004
contract establishing the zone.	4005

(2) Whenever a zone is located in the territory of more than	4006
one contracting party, a majority vote of the electors in each of	4007
the several portions of the territory of the contracting parties	4008
constituting the zone approving the levy of the tax is required	4009
before it may be imposed under division (H) of this section.	4010

(3) If no electors reside in the zone, no election for the	4011
approval or rejection of an income tax shall be held under this	4012
section, provided that where no electors reside in the zone, the	4013
rate of the income tax shall be no higher than the highest rate	4014
being levied by a municipal corporation that is a party to the	4015
contract.	4016

(4) The board of directors of a zone levying an income tax	4017
shall enter into an agreement with one of the municipal	4018
corporations that is a party to the contract to administer,	4019
collect, and enforce the income tax on behalf of the zone.	4020

(5) The board of directors of a zone shall publish or post	4021
public notice within the zone of any resolution adopted levying an	4022
income tax in the same manner required of municipal corporations	4023
under sections 731.21 and 731.25 of the Revised Code.	4024

(I)(1) If for any reason a contracting party reverts to or	4025
has its boundaries changed so that it is classified as a township	4026
that is the entity succeeding to that contracting party, the	4027
township is considered to be a municipal corporation for the	4028
purposes of the contract for the full period of the contract	4029
establishing the joint economic development zone, except that if	4030
that contracting party is administering, collecting, and enforcing	4031
the income tax on behalf of the district as provided in division	4032
(H)(4) of this section, the contract shall be amended to allow one	4033
of the other contracting parties to administer, collect, and	4034
enforce that tax.	4035

(2) Notwithstanding any other section of the Revised Code, if	4036
there is any change in the boundaries of a township so that a	4037
municipal corporation once located within the township is no	4038
longer so located, the township shall remain in existence even	4039
though its remaining unincorporated area contains less than	4040
twenty-two square miles, if the township has been or becomes a	4041
party to a contract creating a joint economic development zone	4042
under this section or the contract creating that joint economic	4043
development zone under this section is terminated or repudiated	4044
for any reason by any party or person. The township shall continue	4045
its existing status in all respects, including having the same	4046
form of government and the same elected board of trustees as its	4047
governing body. The township shall continue to receive all of its	4048
tax levies and sources of income as a township in accordance with	4049
any section of the Revised Code, whether suchthe levies and	4050
sources of income generate millage within the ten-mill limitation	4051
or in excess of the ten-mill limitation. The name of the township	4052
may be changed to the name of the contracting party appearing in	4053
the contract creating a joint economic development zone under this	4054
section, so long as the name does not conflict with any other name	4055
in the state that has been certified by the secretary of state.	4056
The township shall have all of the powers set out in sections	4057
715.79, 715.80, and 715.81 of the Revised Code.	4058

(J) If, after creating and operating a joint economic	4059
development zone under this section, a contracting party that did	4060
not levy a municipal income tax under Chapter 718. of the Revised	4061
Code levies such a tax, the tax shall not apply to the zone for	4062
the full period of the contract establishing the zone, if the	4063
board of directors of the zone has levied an income tax as	4064
provided in division (H) of this section.	4065

Sec. 715.70.  (A) This section and section 715.71 of the	4066
Revised Code apply only to:	4067

(1) Municipal corporations and townships within a county that	4068
has adopted a charter under Sections 3 and 4 of Article X, Ohio	4069
Constitution;	4070

(2) Municipal corporations and townships that have created a	4071
joint economic development district comprised entirely of real	4072
property owned by a municipal corporation at the time the district	4073
was created under this section. The real property owned by the	4074
municipal corporation shall include an airport owned by the	4075
municipal corporation and located entirely beyond the municipal	4076
corporation's corporate boundary.	4077

(3) Municipal corporations or townships that are part of or	4078
contiguous to a transportation improvement district created under	4079
Chapter 5540. of the Revised Code and that have created a joint	4080
economic development district under this section or section 715.71	4081
of the Revised Code prior to November 15, 1995;	4082

(4) Municipal corporations that have previously entered into	4083
a contract creating a joint economic development district pursuant	4084
to division (A)(2) of this section, even if the territory to be	4085
included in the district does not meet the requirements of that	4086
division.	4087

(B)(1) One or more municipal corporations and one or more	4088
townships may enter into a contract approved by the legislative	4089
authority of each contracting party pursuant to which they create	4090
as a joint economic development district an area or areas for the	4091
purpose of facilitating economic development to create or preserve	4092
jobs and employment opportunities and to improve the economic	4093
welfare of the people in the state and in the area of the	4094
contracting parties. A municipal corporation described in division	4095
(A)(4) of this section may enter into a contract with other	4096
municipal corporations and townships to create a new joint	4097
economic development district. In a district that includes a	4098
municipal corporation described in division (A)(4) of this	4099
section, the territory of each of the contracting parties shall be	4100
contiguous to the territory of at least one other contracting	4101
party, or contiguous to the territory of a township or municipal	4102
corporation that is contiguous to another contracting party, even	4103
if the intervening township or municipal corporation is not a	4104
contracting party. The area or areas of land to be included in the	4105
district shall not include any parcel of land owned in fee by a	4106
municipal corporation or a township or parcel of land that is	4107
leased to a municipal corporation or a township, unless the	4108
municipal corporation or township is a party to the contract or	4109
unless the municipal corporation or township has given its consent	4110
to have its parcel of land included in the district by the	4111
adoption of a resolution. As used in this division, "parcel of	4112
land" means any parcel of land owned by a municipal corporation or	4113
a township for at least a six-month period within a five-year	4114
period prior to the creation of a district, but "parcel of land"	4115
does not include streets or public ways and sewer, water, and	4116
other utility lines whether owned in fee or otherwise.	4117

The district created shall be located within the territory of	4118
one or more of the participating parties and may consist of all or	4119
a portion of such territory. The boundaries of the district shall	4120
be described in the contract or in an addendum to the contract.	4121

(2) Prior to the public hearing to be held pursuant to	4122
division (D)(2) of this section, the participating parties shall	4123
give a copy of the proposed contract to each municipal corporation	4124
located within one-quarter mile of the proposed joint economic	4125
development district and not otherwise a party to the contract,	4126
and afford the municipal corporation the reasonable opportunity,	4127
for a period of thirty days following receipt of the proposed	4128
contract, to make comments and suggestions to the participating	4129
parties regarding elements contained in the proposed contract.	4130

(3) The district shall not exceed two thousand acres in area.	4131
The territory of the district shall not completely surround	4132
territory that is not included within the boundaries of the	4133
district.	4134

(4) Sections 503.07 to 503.12 of the Revised Code do not	4135
apply to territory included within a district created pursuant to	4136
this section as long as the contract creating the district is in	4137
effect, unless the legislative authority of each municipal	4138
corporation and the board of township trustees of each township	4139
included in the district consent, by ordinance or resolution, to	4140
the application of those sections of the Revised Code.	4141

(5) Upon the execution of the contract creating the district	4142
by the parties to the contract, a participating municipal	4143
corporation or township included within the district shall file a	4144
copy of the fully executed contract with the county recorder of	4145
each county within which a party to the contract is located, in	4146
the miscellaneous records of the county. No annexation proceeding	4147
pursuant to Chapter 709. of the Revised Code that proposes the	4148
annexation to, merger, or consolidation with a municipal	4149
corporation of any unincorporated territory within the district	4150
shall be commenced for a period of three years after the contract	4151
is filed with the county recorder of each county within which a	4152
party to the contract is located unless each board of township	4153
trustees whose territory is included, in whole or part, within the	4154
district and the territory proposed to be annexed, merged, or	4155
consolidated adopts a resolution consenting to the commencement of	4156
the proceeding and a copy of the resolution is filed with the	4157
legislative authority of each county within which a party to the	4158
contract is located or unless the contract is terminated during	4159
this period.	4160

The contract entered into between the municipal corporations	4161
and townships pursuant to this section may provide for the	4162
prohibition of any annexation by the participating municipal	4163
corporations of any unincorporated territory within the district	4164
beyond the three-year mandatory prohibition of any annexation	4165
provided for in division (B)(5) of this section.	4166

(C)(1) After the legislative authority of a municipal	4167
corporation and the board of township trustees have adopted an	4168
ordinance and resolution approving a contract to create a joint	4169
economic development district pursuant to this section, and after	4170
a contract has been signed, the municipal corporations and	4171
townships shall jointly file a petition with the legislative	4172
authority of each county within which a party to the contract is	4173
located.	4174

(a) The petition shall contain all of the following:

4175

(i) A statement that the area or areas of the district is not	4176
greater than two thousand acres and is located within the	4177
territory of one or more of the contracting parties;	4178

(ii) A brief summary of the services to be provided by each	4179
party to the contract or a reference to the portion of the	4180
contract describing those services;	4181

(iii) A description of the area or areas to be designated as	4182
the district;	4183

(iv) The signature of a representative of each of the	4184
contracting parties.	4185

(b) The following documents shall be filed with the petition:

4186

(i) A signed copy of the contract, together with copies of	4187
district maps and plans related to or part of the contract;	4188

(ii) A certified copy of the ordinances and resolutions of	4189
the contracting parties approving the contract;	4190

(iii) A certificate from each of the contracting parties	4191
indicating that the public hearings required by division (D)(2) of	4192
this section have been held, the date of the hearings, and	4193
evidence of publication of the notice of the hearings;	4194

(iv) One or more signed statements of persons who are owners	4195
of property located in whole or in part within the area to be	4196
designated as the district, requesting that suchthe property be	4197
included within the district, provided that those statements shall	4198
represent a majority of the persons owning property located in	4199
whole or in part within the district and persons owning a majority	4200
of the acreage located within the district. A signature may be	4201
withdrawn by the signer up to but not after the time of the public	4202
hearing required by division (D)(2) of this section.	4203

(2) The legislative authority of each county within which a	4204
party to the contract is located shall adopt a resolution	4205
approving the petition for the creation of the district if the	4206
petition and other documents have been filed in accordance with	4207
the requirements of division (C)(1) of this section. If the	4208
petition and other documents do not substantially meet the	4209
requirements of that division, the legislative authority of any	4210
county within which a party to the contract is located may adopt a	4211
resolution disapproving the petition for the creation of the	4212
district. The legislative authority of each county within which a	4213
party to the contract is located shall adopt a resolution	4214
approving or disapproving the petition within thirty days after	4215
the petition was filed. If the legislative authority of each such	4216
county does not adopt the resolution within the thirty-day period,	4217
the petition shall be deemed approved and the contract shall go	4218
into effect immediately after that approval or at such other time	4219
as the contract specifies.	4220

(D)(1) The contract creating the district shall set forth or	4221
provide for the amount or nature of the contribution of each	4222
municipal corporation and township to the development and	4223
operation of the district and may provide for the sharing of the	4224
costs of the operation of and improvements for the district. The	4225
contributions may be in any form to which the contracting	4226
municipal corporations and townships agree and may include but are	4227
not limited to the provision of services, money, real or personal	4228
property, facilities, or equipment. The contract may provide for	4229
the contracting parties to share revenue from taxes levied on	4230
property by one or more of the contracting parties if those	4231
revenues may lawfully be applied to that purpose under the	4232
legislation by which those taxes are levied. The contract shall	4233
provide for new, expanded, or additional services, facilities, or	4234
improvements, including expanded or additional capacity for or	4235
other enhancement of existing services, facilities, or	4236
improvements, provided that those services, facilities, or	4237
improvements, or expanded or additional capacity for or	4238
enhancement of existing services, facilities, or improvements,	4239
required herein have been provided within the two-year period	4240
prior to the execution of the contract.	4241

(2) Before the legislative authority of a municipal	4242
corporation or a board of township trustees passes any ordinance	4243
or resolution approving a contract to create a joint economic	4244
development district pursuant to this section, the legislative	4245
authority of the municipal corporation and the board of township	4246
trustees shall each hold a public hearing concerning the joint	4247
economic development district contract and shall provide thirty	4248
days' public notice of the time and place of the public hearing in	4249
a newspaper of general circulation in the municipal corporation	4250
and the township. The board of township trustees may provide	4251
additional notice to township residents in accordance with section	4252
9.03 of the Revised Code, and any such additional notice shall	4253
include the public hearing announcement; a summary of the terms of	4254
the contract; a statement that the entire text of the contract and	4255
district maps and plans are on file for public examination in the	4256
office of the township clerkfiscal officer; and information	4257
pertaining to any tax changes whichthat will or may occur as a	4258
result of the contract.	4259

During the thirty-day period prior to the public hearing, a	4260
copy of the text of the contract together with copies of district	4261
maps and plans related to or part of the contract shall be on	4262
file, for public examination, in the offices of the clerk of the	4263
legislative authority of the municipal corporation and of the	4264
township clerkfiscal officer. The public hearing provided for in	4265
division (D)(2) of this section shall allow for public comment and	4266
recommendations from the public on the proposed contract. The	4267
contracting parties may include in the contract any of those	4268
recommendations prior to the approval of the contract.	4269

(3) Any resolution of the board of township trustees that	4270
approves a contract that creates a joint economic development	4271
district pursuant to this section shall be subject to a referendum	4272
of the electors of the township. When a referendum petition,	4273
signed by ten per cent of the number of electors in the township	4274
who voted for the office of governor at the most recent general	4275
election for the office of governor, is presented to the board of	4276
township trustees within thirty days after the board of township	4277
trustees adopted the resolution, ordering that the resolution be	4278
submitted to the electors of the township for their approval or	4279
rejection, the board of township trustees shall, after ten days	4280
and not later than four p.m. of the seventy-fifth day before the	4281
election, certify the text of the resolution to the board of	4282
elections. The board of elections shall submit the resolution to	4283
the electors of the township for their approval or rejection at	4284
the next general, primary, or special election occurring	4285
subsequent to seventy-five days after the certifying of the	4286
petition to the board of elections.	4287

(4) Upon the creation of a district under this section or	4288
section 715.71 of the Revised Code, one of the contracting parties	4289
shall file a copy of the following with the director of	4290
development:	4291

(a) The petition and other documents described in division	4292
(C)(1) of this section, if the district is created under this	4293
section;	4294

(b) The documents described in division (D) of section 715.71	4295
of the Revised Code, if the district is created under this	4296
section;.	4297

(E) The district created by the contract shall be governed by	4298
a board of directors that shall be established by or pursuant to	4299
the contract. The board is a public body for the purposes of	4300
section 121.22 of the Revised Code. The provisions of Chapter	4301
2744. of the Revised Code apply to the board and the district. The	4302
members of the board shall be appointed as provided in the	4303
contract from among the elected members of the legislative	4304
authorities and the elected chief executive officers of the	4305
contracting parties, provided that there shall be at least two	4306
members appointed from each of the contracting parties.	4307

(F) The contract shall enumerate the specific powers, duties,	4308
and functions of the board of directors of a district, and the	4309
contract shall provide for the determination of procedures that	4310
are to govern the board of directors. The contract may grant to	4311
the board the power to adopt a resolution to levy an income tax	4312
within the district. The income tax shall be used for the purposes	4313
of the district and for the purposes of the contracting municipal	4314
corporations and townships pursuant to the contract. The income	4315
tax may be levied in the district based on income earned by	4316
persons working or residing within the district and based on the	4317
net profits of businesses located in the district. The income tax	4318
shall follow the provisions of Chapter 718. of the Revised Code,	4319
except that a vote shall be required by the electors residing in	4320
the district to approve the rate of income tax. If no electors	4321
reside within the district, then division (F)(4) of this section	4322
applies. The rate of the income tax shall be no higher than the	4323
highest rate being levied by a municipal corporation that is a	4324
party to the contract.	4325

(1) Within one hundred eighty days after the first meeting of	4326
the board of directors, the board may levy an income tax, provided	4327
that the rate of the income tax is first submitted to and approved	4328
by the electors of the district at the succeeding regular or	4329
primary election, or a special election called by the board,	4330
occurring subsequent to seventy-five days after a certified copy	4331
of the resolution levying the income tax and calling for the	4332
election is filed with the board of elections. If the voters	4333
approve the levy of the income tax, the income tax shall be in	4334
force for the full period of the contract establishing the	4335
district. Any increase in the rate of an income tax that was first	4336
levied within one hundred eighty days after the first meeting of	4337
the board of directors shall be approved by a vote of the electors	4338
of the district, shall be in force for the remaining period of the	4339
contract establishing the district, and shall not be subject to	4340
division (F)(2) of this section.	4341

(2) Any resolution of the board of directors levying an	4342
income tax that is adopted subsequent to one hundred eighty days	4343
after the first meeting of the board of directors shall be subject	4344
to a referendum as provided in division (F)(2) of this section.	4345
Any resolution of the board of directors levying an income tax	4346
that is adopted subsequent to one hundred eighty days after the	4347
first meeting of the board of directors shall be subject to an	4348
initiative proceeding to amend or repeal the resolution levying	4349
the income tax as provided in division (F)(2) of this section.	4350
When a referendum petition, signed by ten per cent of the number	4351
of electors in the district who voted for the office of governor	4352
at the most recent general election for the office of governor, is	4353
filed with the county auditor of each county within which a party	4354
to the contract is located within thirty days after the resolution	4355
is adopted by the board or when an initiative petition, signed by	4356
ten per cent of the number of electors in the district who voted	4357
for the office of governor at the most recent general election for	4358
the office of governor, is filed with the county auditor of each	4359
such county ordering that a resolution to amend or repeal a prior	4360
resolution levying an income tax be submitted to the electors	4361
within the district for their approval or rejection, the county	4362
auditor of each such county, after ten days and not later than	4363
four p.m. of the seventy-fifth day before the election, shall	4364
certify the text of the resolution to the board of elections of	4365
that county. The county auditor of each such county shall retain	4366
the petition. The board of elections shall submit the resolution	4367
to such electors, for their approval or rejection, at the next	4368
general, primary, or special election occurring subsequent to	4369
seventy-five days after the certifying of such petition to the	4370
board of elections.	4371

(3) Whenever a district is located in the territory of more	4372
than one contracting party, a majority vote of the electors, if	4373
any, in each of the several portions of the territory of the	4374
contracting parties constituting the district approving the levy	4375
of the tax is required before it may be imposed pursuant to this	4376
division.	4377

(4) If there are no electors residing in the district, no	4378
election for the approval or rejection of an income tax shall be	4379
held pursuant to this section, provided that where no electors	4380
reside in the district, the maximum rate of the income tax that	4381
may be levied shall not exceed one per cent.	4382

(5) The board of directors of a district levying an income	4383
tax shall enter into an agreement with one of the municipal	4384
corporations that is a party to the contract to administer,	4385
collect, and enforce the income tax on behalf of the district. The	4386
resolution levying the income tax shall provide the same credits,	4387
if any, to residents of the district for income taxes paid to	4388
other such districts or municipal corporations where the residents	4389
work, as credits provided to residents of the municipal	4390
corporation administering the income tax.	4391

(6)(a) The board shall publish or post public notice within	4392
the district of any resolution adopted levying an income tax in	4393
the same manner required of municipal corporations under sections	4394
731.21 and 731.25 of the Revised Code.	4395

(b) Except as otherwise specified by this division, any	4396
referendum or initiative proceeding within a district shall be	4397
conducted in the same manner as is required for such proceedings	4398
within a municipal corporation pursuant to sections 731.28 to	4399
731.40 of the Revised Code.	4400

(G) Membership on the board of directors does not constitute	4401
the holding of a public office or employment within the meaning of	4402
any section of the Revised Code or any charter provision	4403
prohibiting the holding of other public office or employment, and	4404
shall not constitute an interest, either direct or indirect, in a	4405
contract or expenditure of money by any municipal corporation,	4406
township, county, or other political subdivision with which the	4407
member may be connected. No member of a board of directors shall	4408
be disqualified from holding any public office or employment, nor	4409
shall such member forfeit or be disqualified from holding any such	4410
office or employment, by reason of the member's membership on the	4411
board of directors, notwithstanding any law or charter provision	4412
to the contrary.	4413

(H) The powers and authorizations granted pursuant to this	4414
section or section 715.71 of the Revised Code are in addition to	4415
and not in derogation of all other powers granted to municipal	4416
corporations and townships pursuant to law. When exercising a	4417
power or performing a function or duty under a contract authorized	4418
pursuant to this section or section 715.71 of the Revised Code, a	4419
municipal corporation may exercise all of the powers of a	4420
municipal corporation, and may perform all the functions and	4421
duties of a municipal corporation, within the district, pursuant	4422
to and to the extent consistent with the contract. When exercising	4423
a power or performing a function or duty under a contract	4424
authorized pursuant to this section or section 715.71 of the	4425
Revised Code, a township may exercise all of the powers of a	4426
township, and may perform all the functions and duties of a	4427
township, within the district, pursuant to and to the extent	4428
consistent with the contract. The district board of directors has	4429
no powers except those specifically set forth in the contract as	4430
agreed to by the participating parties. No political subdivision	4431
shall authorize or grant any tax exemption pursuant to Chapter	4432
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	4433
Revised Code on any property located within the district, except	4434
that a political subdivision that is a contracting party may grant	4435
a tax exemption under section 5709.62, 5709.63, or 5709.632 of the	4436
Revised Code on property located within the district, with the	4437
consent of the other contracting parties. The prohibition for any	4438
tax exemption pursuant to this division shall not apply to any	4439
exemption filed, pending, or approved, or for which an agreement	4440
has been entered into, before the effective date of the contract	4441
entered into by the parties.	4442

(I) Municipal corporations and townships may enter into	4443
binding agreements pursuant to a contract authorized under this	4444
section or section 715.71 of the Revised Code with respect to the	4445
substance and administration of zoning and other land use	4446
regulations, building codes, public permanent improvements, and	4447
other regulatory and proprietary matters that are determined,	4448
pursuant to the contract, to be for a public purpose and to be	4449
desirable with respect to the operation of the district or to	4450
facilitate new or expanded economic development in the state or	4451
the district, provided that no contract shall exempt the territory	4452
within the district from the procedures and processes of land use	4453
regulation applicable pursuant to municipal corporation, township,	4454
and county regulations, including but not limited to procedures	4455
and processes concerning zoning.	4456

(J) A contract entered into pursuant to this section or	4457
section 715.71 of the Revised Code may be amended and it may be	4458
renewed, canceled, or terminated as provided in or pursuant to the	4459
contract. The contract may be amended to add property owned by one	4460
of the contracting parties to the district, or may be amended to	4461
delete property from the district whether or not one of the	4462
contracting parties owns the deleted property. The contract shall	4463
continue in existence throughout its term and shall be binding on	4464
the contracting parties and on any entities succeeding to such	4465
parties, whether by annexation, merger, or otherwise. The income	4466
tax levied by the board pursuant to this section or section 715.71	4467
of the Revised Code shall apply in the entire district throughout	4468
the term of the contract, notwithstanding that all or a portion of	4469
the district becomes subject to annexation, merger, or	4470
incorporation. No township or municipal corporation is divested of	4471
its rights or obligations under the contract because of	4472
annexation, merger, or succession of interests.	4473

(K) After the creation of a joint economic development	4474
district described in division (A)(2) of this section, a municipal	4475
corporation that is a contracting party may cease to own property	4476
included in the district, but such property shall continue to be	4477
included in the district and subject to the terms of the contract.	4478

Sec. 715.71.  (A) This section provides alternative	4479
procedures and requirements to those set forth in section 715.70	4480
of the Revised Code for creating and operating a joint economic	4481
development district. Divisions (B), (C), (D)(1) to (3), and (F)	4482
of section 715.70 of the Revised Code do not apply to a joint	4483
economic development district established under this section.	4484
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K)	4485
of section 715.70 of the Revised Code do apply to a district	4486
established under this section.	4487

(B) One or more municipal corporations and one or more	4488
townships may enter into a contract approved by the legislative	4489
authority of each contracting party pursuant to which they create	4490
as a joint economic development district one or more areas for the	4491
purpose of facilitating economic development to create or preserve	4492
jobs and employment opportunities and to improve the economic	4493
welfare of the people in this state and in the area of the	4494
contracting parties. The district created shall be located within	4495
the territory of one or more of the contracting parties and may	4496
consist of all or a portion of suchthat territory. The boundaries	4497
of the district shall be described in the contract or in an	4498
addendum to the contract. The area or areas of land to be included	4499
in the district shall not include any parcel of land owned in fee	4500
by or leased to a municipal corporation or township, unless the	4501
municipal corporation or township is a party to the contract or	4502
has given its consent to have its parcel of land included in the	4503
district by the adoption of a resolution. As used in this	4504
division, "parcel of land" has the same meaning as in division (B)	4505
of section 715.70 of the Revised Code.	4506

(C) Before the legislative authority of a municipal	4507
corporation or a board of township trustees adopts an ordinance or	4508
resolution approving a contract to create a joint economic	4509
development district under this section, it shall hold a public	4510
hearing concerning the joint economic development district	4511
contract and shall provide thirty days' public notice of the time	4512
and place of the public hearing in a newspaper of general	4513
circulation in the municipal corporation and the township. Each	4514
municipal corporation and township that is a party to the contract	4515
shall hold a public hearing. During the thirty-day period prior to	4516
a public hearing, a copy of the text of the contract together with	4517
copies of district maps and plans related to or part of the	4518
contract shall be on file, for public examination, in the offices	4519
of the clerk of the legislative authority of the municipal	4520
corporation and of the township clerkfiscal officer. The public	4521
hearings provided for in this division shall allow for public	4522
comment and recommendations on the proposed contract. The	4523
participating parties may include in the contract any of those	4524
recommendations prior to approval of the contract.	4525

(D) After the legislative authority of a municipal	4526
corporation and the board of township trustees have adopted an	4527
ordinance and resolution approving a contract to create a joint	4528
economic development district, the municipal corporation and the	4529
township jointly shall file with the legislative authority of each	4530
county within which a party to the contract is located all of the	4531
following:	4532

(1) A signed copy of the contract, together with copies of	4533
district maps and plans related to or part of the contract;	4534

(2) Certified copies of the ordinances and resolutions of the	4535
contracting parties relating to the district and the contract;	4536

(3) A certificate of each of the contracting parties that the	4537
public hearings provided for in division (C) of this section have	4538
been held, the date of suchthe hearings, and evidence of	4539
publication of the notice of suchthe hearings.	4540

(E) Within thirty days after the filing under division (D) of	4541
this section, the legislative authority of each county within	4542
which a party to the contract is located shall adopt a resolution	4543
acknowledging the receipt of the required documents, approving the	4544
creation of the joint economic development district, and directing	4545
that the resolution of the board of township trustees approving	4546
the contract be submitted to the electors of the township for	4547
approval at the next succeeding general, primary, or special	4548
election. The legislative authority of the county shall file with	4549
the board of elections at least seventy-five days before the day	4550
of the election a copy of the resolution of the board of township	4551
trustees approving the contract. The resolution of the legislative	4552
authority of the county also shall specify the date the election	4553
is to be held and shall direct the board of elections to conduct	4554
the election in the township. If the resolution of the legislative	4555
authority of the county is not adopted within the thirty-day	4556
period after the filing under division (D) of this section, the	4557
joint economic development district shall be deemed approved by	4558
the county legislative authority, and the board of township	4559
trustees shall file its resolution with the board of elections for	4560
submission to the electors of the township for approval at the	4561
next succeeding general, primary, or special election. SuchThe	4562
filing shall occur at least seventy-five days before the specified	4563
date the election is to be held and shall direct the board of	4564
elections to conduct the election in the township.	4565

The ballot shall be in the following form:

4566

"Shall the resolution of the board of township trustees	4567
approving the contract with ............... (here insert name of	4568
each municipal corporation and other township that is a party to	4569
the contract) for the creation of a joint economic development	4570
district be approved?	4571

4572

		FOR THE RESOLUTION AND CONTRACT			4573
		AGAINST THE RESOLUTION AND CONTRACT	"		4574

4575

If a majority of the electors of the township voting on the issue	4576
vote for the resolution and contract, the resolution shall become	4577
effective immediately and the contract shall go into effect	4578
immediately or in accordance with its terms.	4579

(F) The contract creating the district shall set forth or	4580
provide for the amount or nature of the contribution of each	4581
municipal corporation and township to the development and	4582
operation of the district and may provide for the sharing of the	4583
costs of the operation of and improvements for the district. The	4584
contributions may be in any form to which the contracting	4585
municipal corporations and townships agree and may include but are	4586
not limited to the provision of services, money, real or personal	4587
property, facilities, or equipment. The contract may provide for	4588
the contracting parties to share revenue from taxes levied on	4589
property by one or more of the contracting parties if those	4590
revenues may lawfully be applied to that purpose under the	4591
legislation by which those taxes are levied. The contract shall	4592
provide for new, expanded, or additional services, facilities, or	4593
improvements, including expanded or additional capacity for or	4594
other enhancement of existing services, facilities, or	4595
improvements, provided that the existing services, facilities, or	4596
improvements, or the expanded or additional capacity for or	4597
enhancement of the existing services, facilities, or improvements,	4598
have been provided within the two-year period prior to the	4599
execution of the contract.	4600

(G) The contract shall enumerate the specific powers, duties,	4601
and functions of the board of directors of the district and shall	4602
provide for the determination of procedures that are to govern the	4603
board of directors. The contract may grant to the board the power	4604
to adopt a resolution to levy an income tax within the district.	4605
The income tax shall be used for the purposes of the district and	4606
for the purposes of the contracting municipal corporations and	4607
townships pursuant to the contract. The income tax may be levied	4608
in the district based on income earned by persons working or	4609
residing within the district and based on the net profits of	4610
businesses located in the district. The income tax of the district	4611
shall follow the provisions of Chapter 718. of the Revised Code,	4612
except that no vote shall be required by the electors residing in	4613
the district. The rate of the income tax shall be no higher than	4614
the highest rate being levied by a municipal corporation that is a	4615
party to the contract.	4616

The board of directors of a district levying an income tax	4617
shall enter into an agreement with one of the municipal	4618
corporations that is a party to the contract to administer,	4619
collect, and enforce the income tax on behalf of the district. The	4620
resolution levying the income tax shall provide the same credits,	4621
if any, to residents of the district for income taxes paid to	4622
other such districts or municipal corporations where the residents	4623
work, as credits provided to residents of the municipal	4624
corporation administering the income tax.	4625

(H) No annexation proceeding pursuant to Chapter 709. of the	4626
Revised Code that proposes the annexation to or merger or	4627
consolidation with a municipal corporation, except a municipal	4628
corporation that is a party to the contract, of any unincorporated	4629
territory within the district shall be commenced for a period of	4630
three years after the contract is filed with the legislative	4631
authority of each county within which a party to the contract is	4632
located in accordance with division (D) of this section unless	4633
each board of township trustees whose territory is included, in	4634
whole or part, within the district and the territory proposed to	4635
be annexed, merged, or consolidated adopts a resolution consenting	4636
to the commencement of the proceeding and a copy of the resolution	4637
is filed with the legislative authority of each such county or	4638
unless the contract is terminated during this three-year period.	4639
The contract entered into between the municipal corporations and	4640
townships pursuant to this section may provide for the prohibition	4641
of any annexation by the participating municipal corporations of	4642
any unincorporated territory within the district.	4643

Sec. 715.75.  Before the legislative authority of any of the	4644
contracting parties adopts an ordinance or resolution approving a	4645
contract to create a joint economic development district, the	4646
legislative authority of each of the contracting parties shall	4647
hold a public hearing concerning the contract and district. Each	4648
such legislative authority shall provide at least thirty days'	4649
public notice of the time and place of the public hearing in a	4650
newspaper of general circulation in the municipal corporation or	4651
township, as applicable. During the thirty-day period prior to the	4652
public hearing and until the filing is made under section 715.76	4653
of the Revised Code, all of the following documents shall be	4654
available for public inspection in the office of the clerk of the	4655
legislative authority of eacha municipal corporation that is a	4656
contracting party and in the office of the fiscal officer of thea	4657
township that is a contracting partiesparty:	4658

(A) A copy of the contract creating the district;

4659

(B) A description of the area or areas to be included in the	4660
district, including a map in sufficient detail to denote the	4661
specific boundaries of the area or areas and to indicate any	4662
zoning restrictions applicable to the area or areas;	4663

(C) An economic development plan for the district that	4664
consists of both of the following schedules:	4665

(1) A schedule for the provision of the new, expanded, or	4666
additional services, facilities, or improvements described in	4667
division (A) of section 715.74 of the Revised Code;	4668

(2) A schedule for the collection of an income tax levied	4669
under division (C) of section 715.74 of the Revised Code.	4670

A public hearing held under this section shall allow for	4671
public comment and recommendations on the contract and district.	4672
The contracting parties may include in the contract any of those	4673
recommendations prior to approval of the contract.	4674

Before any of the contracting parties approves a contract	4675
under section 715.76 of the Revised Code, the contracting parties	4676
shall deliver a copy of the contract to the board of county	4677
commissioners of each county in which a contracting party is	4678
located. Any such county may enter into an agreement with the	4679
contracting parties regarding the provision of services by the	4680
county within the proposed district and may enter into an	4681
agreement with the contracting parties to extend services to the	4682
area or areas to be included in the district.	4683

Sec. 715.76.  After the public hearings required under	4684
section 715.75 of the Revised Code have been held, each	4685
contracting party may adopt an ordinance or resolution approving	4686
the contract to create a joint economic development district.	4687
After each contracting party has adopted such an ordinance or	4688
resolution, the contracting parties jointly shall file with the	4689
legislative authority of each county within which a contracting	4690
party is located all of the following documents:	4691

(A) A signed copy of the contract;

4692

(B) A description of the area or areas to be included in the	4693
district, including a map in sufficient detail to denote the	4694
specific boundaries of the area or areas and to indicate any	4695
zoning restrictions applicable to the area or areas;	4696

(C) The economic development plan described in division (C)	4697
of section 715.75 of the Revised Code;	4698

(D) Certified copies of the ordinances and resolutions of the	4699
contracting parties relating to the contract and district;	4700

(E) A certificate of each contracting party that the public	4701
hearings required by section 715.75 of the Revised Code have been	4702
held, the date of the hearings, and evidence of publication of the	4703
notice of the hearings;	4704

(F) A petition signed by a majority of the owners of property	4705
located within the area or areas to be included in the district;	4706

(G) A petition signed by a majority of the owners of	4707
businesses, if any, located within the area or areas to be	4708
included in the district.	4709

The petitions described in divisions (F) and (G) of this	4710
section shall specify that all of the documents described in	4711
divisions (A) throughto (C) of section 715.75 of the Revised Code	4712
are available for public inspection in the office of the clerk of	4713
the legislative authority of each municipal corporation that is a	4714
contracting party or the office of the township clerkfiscal	4715
officer of each township that is a contracting party.	4716

Not later than ten days after all of the documents described	4717
in divisions (A) to (G) of this section have been filed, each	4718
contracting party shall give notice to those owners of property	4719
within the area or areas to be included in the district who did	4720
not sign the petition described in division (F) of this section	4721
and whose property is located within the boundaries of that	4722
contracting party and to those owners of businesses, if any,	4723
within the area or areas to be included in the district who did	4724
not sign the petition described in division (G) of this section	4725
and whose property is located within the boundaries of that	4726
contracting party. Notice shall be given by certified mail and	4727
shall specify that the owners of property and businesses are	4728
located within the area or areas to be included in the district	4729
and that all of the documents described in divisions (A) to (C) of	4730
section 715.75 of the Revised Code are available for public	4731
inspection in the office of the clerk of the legislative authority	4732
of each municipal corporation that is a contracting party or the	4733
office of the township clerkfiscal officer of each township that	4734
is a contracting party. The contracting parties shall equally bear	4735
the cost of providing notice under this section.	4736

If the contracting parties do not file all of the documents	4737
described in divisions (A) throughto (G) of this section, the	4738
legislative authority of a county within which a contracting party	4739
is located may adopt a resolution disapproving the creation of the	4740
joint economic development district. In addition, the legislative	4741
authority of such athe county may adopt a resolution disapproving	4742
the creation of the district if it determines, in written findings	4743
of fact, that each contracting party did not enter into the	4744
contract freely and without duress or coercion.	4745

Sec. 971.05.  The cost due the township clerkfiscal officer	4746
and the board of township trustees for making the assignment set	4747
forth in section 971.04 of the Revised Code, shall be taxed	4748
equally against each of the persons, and, if not paid to the clerk	4749
fiscal officer within thirty days from the date of suchthe	4750
assignment, shall be certified by himthe fiscal officer to the	4751
county auditor, with a correct description of the lands and the	4752
amount charged against each portion.	4753

Sec. 971.06.  The county auditor shall place the amount	4754
authorized in section 971.05 of the Revised Code, upon the	4755
duplicate to be collected as other taxes, and the county treasurer	4756
shall pay it, when collected, to the township clerkfiscal officer	4757
as other funds are paid.	4758

Sec. 971.08.  When the work is completed to the satisfaction	4759
of the board of township trustees, it shall certify the costs to	4760
the township clerk, and, iffiscal officer. If the costs are not	4761
paid within thirty days, such clerkthe township fiscal officer	4762
shall certify them to the county auditor with a statement of the	4763
cost of the construction and incidental costs incurred by the	4764
trustees, withand a correct description of each piece of land	4765
upon which the costs are assessed.	4766

Sec. 971.09.  The county auditor shall place the amounts	4767
certified, as provided in section 971.08 of the Revised Code, upon	4768
the tax duplicate, which amounts shall become a lien and be	4769
collected as other taxes, and the. The board of township trustees	4770
shall certify the amount due each person for building suchthe	4771
fence and the amount due each trustee and clerkthe township	4772
fiscal officer for services rendered. In anticipation of the	4773
collection thereofof the amounts, the auditor shall draw orders	4774
for the payment of suchthe amounts out of the county treasury.	4775

Sec. 971.12.  The report of the assignment of partition	4776
fences under this chapter shall be made and certified to the	4777
county recorder by the township clerkfiscal officer, and the cost	4778
of the record thereofof the report shall be taxed against the	4779
parties with the other costs.	4780

Sec. 971.35.  When the work authorized in section 971.34 of	4781
the Revised Code is completed, the board of township trustees	4782
shall certify to the county auditor the amount of the cost of the	4783
work with the expense thereto attached, and a correct description	4784
of the land upon which the work was performed, and the. The	4785
auditor shall place the amount upon the tax duplicate to be	4786
collected as other taxes. The county treasurer shall pay the	4787
amount, when collected, to the township clerkfiscal officer as	4788
other funds are paid.	4789

Sec. 971.36.  The board of township trustees may anticipate	4790
the collection, and refund the cost of the work authorized in	4791
section 971.34 of the Revised Code, to the township clerkfiscal	4792
officer for the amount, payable out of any township funds that may	4793
be in histhe fiscal officer's hands.	4794

Sec. 1341.16.  A surety of a constable, township clerkfiscal	4795
officer, or other township officer, may notify the board of	4796
township trustees, by giving at least five days' notice in	4797
writing, that hethe surety is unwilling to continue as surety for	4798
suchthe officer, and, at a time named in suchthe notice, will	4799
make application to the board to be released from further	4800
liability upon histhe bond. HeThe surety also shall give at	4801
least three days' notice in writing to suchthe officer, of the	4802
time and place at which the application will be made.	4803

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	4804
stamps, deer and wild turkey permits, fur taker permits, and any	4805
other licenses, permits, or stamps that are required under this	4806
chapter or Chapter 1531. of the Revised Code and any reissued	4807
license, permit, or stamp may be issued by the clerk of the court	4808
of common pleas, village andclerks, township clerksfiscal	4809
officers, and other authorized agents designated by the chief of	4810
the division of wildlife. When required by the chief, a clerk,	4811
fiscal officer, or other agent shall give bond in the manner	4812
provided by the chief. All bonds, reports, except records	4813
prescribed by the auditor of state, and moneys received by those	4814
persons shall be handled under rules adopted by the director of	4815
natural resources.	4816

The premium of any bond prescribed by the chief under this	4817
section may be paid by the chief. Any person who is designated and	4818
authorized by the chief to issue licenses, stamps, and permits as	4819
provided in this section, except the clerk of the court of common	4820
pleas and the, a village clerk and a township clerksfiscal	4821
officer, shall pay to the chief a premium in an amount that	4822
represents the person's portion of the premium paid by the chief	4823
under this section, which amount shall be established by the chief	4824
and approved by the wildlife council created under section 1531.03	4825
of the Revised Code. The chief shall pay all moneys that the chief	4826
receives as premiums under this section into the state treasury to	4827
the credit of the wildlife fund created under section 1531.17 of	4828
the Revised Code.	4829

Every authorized agent, for the purpose of issuing hunting	4830
and fishing licenses, wetlands habitat stamps, deer and wild	4831
turkey permits, and fur taker permits, may administer oaths to and	4832
take affidavits from applicants for the licenses, stamps, or	4833
permits when required. An authorized agent may appoint deputies to	4834
perform any acts that the agent is authorized to perform,	4835
consistent with division rules.	4836

Every applicant for a hunting or fishing license, wetlands	4837
habitat stamp, deer or wild turkey permit, or fur taker permit,	4838
unless otherwise provided by division rule, shall provide the	4839
applicant's name, date of birth, weight, height, and place of	4840
residence, and any other information that the chief may require.	4841
The clerk, fiscal officer, or other agent authorized to issue	4842
licenses, stamps, and permits shall charge each applicant a fee of	4843
one dollar for taking the information provided by the applicant	4844
and issuing the license, stamp, or permit. The application,	4845
license, stamp, permit, and other blanks required by this section	4846
shall be prepared and furnished by the chief, in suchthe form as	4847
the chief provides, to the clerk, fiscal officer, or other agent	4848
authorized to issue them. The licenses and permits shall be issued	4849
to applicants by the clerk, fiscal officer, or other agent. The	4850
record of licenses and permits kept by the clerkclerks, fiscal	4851
officers, and other authorized agents shall be uniform throughout	4852
the state and in suchthe form or manner as the auditor of state	4853
prescribes and shall be open at all reasonable hours to the	4854
inspection of any person. Unless otherwise provided by division	4855
rule, each hunting license, deer or wild turkey permit, and fur	4856
taker permit issued shall remain in force until midnight of the	4857
thirty-first day of August next ensuing. Application for any such	4858
license or permit may be made and a license or permit issued prior	4859
to the date upon which it becomes effective.	4860

The chief may require an applicant who wishes to purchase a	4861
license, stamp, or permit by mail or telephone or via the internet	4862
to pay a nominal fee for postage and handling and credit card	4863
transactions.	4864

The court before whom a violator of any laws or division	4865
rules for the protection of wild animals is tried, as a part of	4866
the punishment, shall revoke the license, stamp, or permit of any	4867
person convicted. The license, stamp, or permit fee paid by that	4868
person shall not be returned to the person. The person shall not	4869
procure or use any other license, stamp, or permit or engage in	4870
hunting wild animals or trapping fur-bearing animals during the	4871
period of revocation as ordered by the court.	4872

No person under sixteen years of age shall engage in hunting	4873
unless accompanied by the person's parent or another adult person.	4874

Sec. 1710.02.  (A) A special improvement district may be	4875
created within the boundaries of any one municipal corporation,	4876
any one township, or any combination of contiguous municipal	4877
corporations and townships by a petition of the property owners	4878
within the proposed district, for the purpose of developing and	4879
implementing plans for public improvements and public services	4880
that benefit the district. All territory in a district shall be	4881
contiguous.	4882

The district shall be governed by the board of trustees of a	4883
nonprofit corporation. This board shall be known as the board of	4884
directors of the special improvement district. No special	4885
improvement district shall include any church property, or	4886
property of the federal or state government or a county, township,	4887
or municipal corporation, unless the church or the county,	4888
township, or municipal corporation specifically requests in	4889
writing that the property be included within the district. More	4890
than one district may be created within a participating political	4891
subdivision, but no real property may be included within more than	4892
one district unless the owner of the property files a written	4893
consent with the clerk of the legislative authority, the township	4894
fiscal officer, or the village clerk, as appropriate. The area of	4895
each district shall be contiguous.	4896

(B) Except as provided in division (C) of this section, a	4897
district created under this chapter is not a political	4898
subdivision. A district created under this chapter shall be	4899
considered a public agency under section 102.01 and a public	4900
authority under section 4115.03 of the Revised Code. Each member	4901
of the board of directors of a district, each member's designee or	4902
proxy, and each officer and employee of a district shall be	4903
considered a public official or employee under section 102.01 of	4904
the Revised Code and a public official and public servant under	4905
section 2921.42 of the Revised Code. Districts created under this	4906
chapter are not subject to section 121.24 of the Revised Code.	4907
Districts created under this chapter are subject to sections	4908
121.22 and 121.23 of the Revised Code.	4909

(C) Each district created under this chapter shall be	4910
considered a political subdivision for purposes of section 4905.34	4911
of the Revised Code.	4912

Membership on the board of directors of the district shall	4913
not be considered as holding a public office. Directors and their	4914
designees shall be entitled to the immunities provided by Chapter	4915
1702. and to the same immunity as an employee under division	4916
(A)(6) of section 2744.03 of the Revised Code, except that	4917
directors and their designees shall not be entitled to the	4918
indemnification provided in section 2744.07 of the Revised Code	4919
unless the director or designee is an employee or official of a	4920
participating political subdivision of the district and is acting	4921
within the scope of the director's or designee's employment or	4922
official responsibilities.	4923

District officers and district members and directors and	4924
their designees or proxies shall not be required to file a	4925
statement with the Ohio ethics commission under section 102.02 of	4926
the Revised Code. All records of the district shall be treated as	4927
public records under section 149.43 of the Revised Code, except	4928
that records of organizations contracting with a district shall	4929
not be considered to be public records under section 149.43 or	4930
section 149.431 of the Revised Code solely by reason of any	4931
contract with a district.	4932

(D) Except as otherwise provided in this section, the	4933
nonprofit corporation that governs a district shall be organized	4934
in the manner described in Chapter 1702. of the Revised Code. The	4935
corporation's articles of incorporation are required to be	4936
approved, as provided in division (E) of this section, by	4937
resolution of the legislative authority of each participating	4938
political subdivision of the district. A copy of that resolution	4939
shall be filed along with the articles of incorporation in the	4940
secretary of state's office.	4941

In addition to meeting the requirements for articles of	4942
incorporation set forth in Chapter 1702. of the Revised Code, the	4943
articles of incorporation for the nonprofit corporation governing	4944
a district formed under this chapter shall provide all the	4945
following:	4946

(1) The name for the district, which shall include the name	4947
of each participating political subdivision of the district;	4948

(2) A description of the territory within the district, which	4949
may be all or part of each participating political subdivision.	4950
The description shall be specific enough to enable real property	4951
owners to determine if their property is located within the	4952
district.	4953

(3) A description of the procedure by which the articles of	4954
incorporation may be amended. The procedure shall include	4955
receiving approval of the amendment, by resolution, from the	4956
legislative authority of each participating political subdivision	4957
and filing the approved amendment and resolution with the	4958
secretary of state.	4959

(4) The reasons for creating the district, plus an	4960
explanation of how the district will be conducive to the public	4961
health, safety, peace, convenience, and welfare of the district.	4962

(E) The articles of incorporation for a nonprofit corporation	4963
governing a district created under this chapter and amendments to	4964
them shall be submitted to the municipal executive, if any, and	4965
the legislative authority of each municipal corporation or	4966
township in which the proposed district is to be located,	4967
accompanied by a petition signed either by the owners of at least	4968
sixty per cent of the front footage of all real property located	4969
in the proposed district that abuts upon any street, alley, public	4970
road, place, boulevard, parkway, park entrance, easement, or other	4971
existing public improvement within the proposed district,	4972
excluding church property or property owned by the state, county,	4973
township, municipal, or federal government, unless a church,	4974
county, township, or municipal corporation has specifically	4975
requested in writing that the property be included in the	4976
district, or by the owners of at least seventy-five per cent of	4977
the area of all real property located within the proposed	4978
district, excluding church property or property owned by the	4979
state, county, township, municipal, or federal government, unless	4980
a church, county, township, or municipal corporation has	4981
specifically requested in writing that the property be included in	4982
the district. For purposes of determining compliance with these	4983
requirements, the area of the district, or the front footage and	4984
ownership of property, shall be as shown in the most current	4985
records available at the county recorder's office and the county	4986
engineer's office sixty days prior to the date on which the	4987
petition is filed.	4988

Each municipal corporation or township with which the	4989
petition is filed has sixty days to approve or disapprove, by	4990
resolution, the petition, including the articles of incorporation.	4991
This chapter does not prohibit or restrict the rights of municipal	4992
corporations under Article XVIII of the Ohio Constitution or the	4993
right of the municipal legislative authority to impose reasonable	4994
conditions in a resolution of approval.	4995

(F) Persons proposing creation and operation of the district	4996
may propose an initial plan for public services or public	4997
improvements that benefit all or any part of the district. Any	4998
initial plan shall be submitted as part of the petition proposing	4999
creation of the district.	5000

An initial plan may include provisions for the following:

5001

(1) Creation and operation of the district and of the	5002
nonprofit corporation to govern the district under this chapter;	5003

(2) Hiring employees and professional services;

5004

(3) Contracting for insurance;

5005

(4) Purchasing or leasing office space and office equipment;

5006

(5) Other actions necessary initially to form, operate, or	5007
organize the district and the nonprofit corporation to govern the	5008
district;	5009

(6) A plan for public improvements or public services that	5010
benefit all or part of the district, which plan shall comply with	5011
the requirements of division (A) of section 1710.06 of the Revised	5012
Code and may include, but is not limited to, any of the permissive	5013
provisions described in the fourth sentence of that division or	5014
listed in divisions (A)(1) to (5) of that section.	5015

After the initial plan is approved by all municipal	5016
corporations and townships to which it is submitted for approval	5017
and the district is created, each participating subdivision shall	5018
levy a special assessment within its boundaries to pay for the	5019
costs of the initial plan. The levy shall be for no more than ten	5020
years from the date of the approval of the initial plan. For	5021
purposes of levying an assessment for this initial plan, the	5022
services or improvements included in the initial plan shall be	5023
deemed a special benefit to property owners within the district.	5024

(G) Each nonprofit corporation governing a district under	5025
this chapter may do the following:	5026

(1) Exercise all powers of nonprofit corporations granted	5027
under Chapter 1702. of the Revised Code that do not conflict with	5028
this chapter;	5029

(2) Develop, adopt, revise, implement, and repeal plans for	5030
public improvements and public services for all or any part of the	5031
district;	5032

(3) Contract with any person, political subdivision as	5033
defined in section 2744.01 of the Revised Code, or state agency as	5034
defined in section 1.60 of the Revised Code to develop and	5035
implement plans for public improvements or public services within	5036
the district;	5037

(4) Contract and pay for insurance for the district and for	5038
directors, officers, agents, contractors, employees, or members of	5039
the district for any consequences of the implementation of any	5040
plan adopted by the district or any actions of the district.	5041

Sec. 2927.21.  (A) The owner or keeper of any member of a	5042
species of the animal kingdom that escapes from histhe owner's or	5043
keeper's custody or control and that is not indigenous to this	5044
state or presents a risk of serious physical harm to persons or	5045
property, or both, shall, within one hour after hethe owner or	5046
keeper discovers or reasonably should have discovered the escape,	5047
report it to:	5048

(1) A law enforcement officer of the municipal corporation or	5049
township and the sheriff of the county where the escape occurred;	5050
and	5051

(2) The clerk of the municipal legislative authority or the	5052
township clerkfiscal officer of the township where the escape	5053
occurred.	5054

(B) If the office of the clerk of a municipal legislative	5055
authority or township clerkfiscal officer is closed to the public	5056
at the time a report is required by division (A) of this section,	5057
then it is sufficient compliance with division (A)(2) of this	5058
section if the owner or keeper makes the report within one hour	5059
after the office is next open to the public.	5060

(C) Whoever violates this section is guilty of a misdemeanor	5061
of the first degree.	5062

Sec. 3381.03.  Any county, or any two or more counties,	5063
municipal corporations, or townships, or any combination thereof	5064
of these may create a regional arts and cultural district by the	5065
adoption of a resolution or ordinance by the board of county	5066
commissioners of each county, the legislative authority of each	5067
municipal corporation, and the board of township trustees of each	5068
township that desires to create or to join in the creation of the	5069
district. SuchThe resolution or ordinance shall state all of the	5070
following:	5071

(A) The purposes for the creation of the district;

5072

(B) The counties, municipal corporations, or townships that	5073
are to be included in the district;	5074

(C) The official name by which the district shall be known;

5075

(D) The location of the principal office of the district or	5076
the manner in which the location shall be selected;	5077

(E) Subject to section 3381.05 of the Revised Code, the	5078
number, term, and compensation, which shall not exceed the sum of	5079
fifty dollars for each board and committee meeting attended by a	5080
member, of the members of the board of trustees of the district;	5081

(F) Subject to section 3381.05 of the Revised Code, the	5082
manner in which members of the board of trustees of the district	5083
shall be appointed; the method of filling vacancies; and the	5084
period, if any, for which a trustee continues in office after	5085
expiration of histhe trustee's term pending the appointment of	5086
histhe trustee's successor;	5087

(G) The manner of apportioning expenses of the district among	5088
the participating counties, municipal corporations, and townships.	5089
Such	5090

The resolution or ordinance may also provide that the	5091
authority of the districts to make grants under section 3381.20 of	5092
the Revised Code may be totally or partially delegated to one or	5093
more area arts councils, as defined in section 757.03 of the	5094
Revised Code, located within the district.	5095

The district provided for in suchthe resolution or ordinance	5096
shall be created upon the adoption of suchthe resolution or	5097
ordinance by the board of county commissioners of each county, the	5098
legislative authority of each municipal corporation, and the board	5099
of township trustees of each township enumerated in the resolution	5100
or ordinance. The resolution or ordinance may be amended to	5101
include additional counties, municipal corporations, or townships	5102
or for any other purpose by the adoption of suchan amendment by	5103
the board of county commissioners of each county, the legislative	5104
authority of each municipal corporation, and the board of township	5105
trustees of each township that has created or joined or proposes	5106
to join the district.	5107

After each such county, municipal corporation, and township	5108
has adopted a resolution or ordinance approving inclusion of	5109
additional counties, municipal corporations, or townships in the	5110
district, a copy of suchthe resolution or ordinance shall be	5111
filed with the clerk of the board of the county commissioners of	5112
each county, the clerk of the legislative authority of each	5113
municipal corporation, and the fiscal officer of the board of	5114
trustees of each township proposed to be included in the district.	5115
SuchThe inclusion is effective when all such filing is completed	5116
unless the district to which territory is to be added has	5117
authority to levy an ad valorem tax on property within its	5118
territory, in which event suchthe inclusion shall become	5119
effective upon voter approval of the joinder and the tax. The	5120
board of trustees shall promptly certify the proposal to the board	5121
or boards of elections for the purpose of having the proposal	5122
placed on the ballot at the next general or primary election which	5123
that occurs not less than sixty days after the date of the meeting	5124
of the board of trustees, or at a special election held on a date	5125
specified in the certification that is not less than sixty days	5126
after the date of suchthe meeting of the board. If territory of	5127
more than one county, municipal corporation, or township is to be	5128
added to the regional arts and cultural district, the electors of	5129
suchthe territories of the counties, municipal corporations, or	5130
townships which are to be added shall vote as a district, and the	5131
outcome of the election shall be determined by the vote cast in	5132
the entire district. Upon certification of a proposal to the board	5133
or boards of elections pursuant to this section, suchthe board or	5134
boards of elections shall make the necessary arrangements for the	5135
submission of suchthe questions to the electors of the territory	5136
to be added to the district, and the election shall be held,	5137
canvassed, and certified in the manner provided for the submission	5138
of tax levies under section 5705.19 of the Revised Code, except	5139
that the question appearing on the ballot shall read:	5140

"Shall the territory within the .................... (name or	5141
names of political subdivisions to be joined) be added to	5142
................................ (name) regional arts and cultural	5143
district? And shall a(n) .................... (here insert type of	5144
tax or taxes) at a rate of taxation not to exceed .......... (here	5145
insert maximum tax rate or rates) be levied for purposes of such	5146
district?"	5147

If the question is approved by a majority of the electors	5148
voting on suchthe question, the joinder is effective immediately,	5149
and the district may extend the levy of suchthe tax against all	5150
the taxable property within the territory that has been added. If	5151
suchthe question is approved at a general election or at a	5152
special election occurring prior to a general election but after	5153
the fifteenth day of July in any calendar year, the district may	5154
amend its budget and resolution adopted pursuant to section	5155
5705.34 of the Revised Code, and suchthe levy shall be placed on	5156
the current tax list and duplicate and collected as other taxes	5157
are collected from all taxable property within the territory of	5158
the district, including the territory added as a result of such	5159
the election.	5160

The territory of a district shall be coextensive with the	5161
territory of the counties, municipal corporations, and townships	5162
included within the district, provided that the same territory may	5163
not be included in more than one regional arts and cultural	5164
district, and provided, that if a district includes only a portion	5165
of an entire county, a district may be created in the remaining	5166
portion of the same county by resolution of the board of county	5167
commissioners acting alone or in conjunction with municipal	5168
corporations and townships as provided in this section.	5169

Sec. 3501.37.  After each election, the judges of election	5170
elections of each precinct, except when the board of elections	5171
assumes the duty, shall see that the movable booths and other	5172
equipment are returned for safekeeping to the township clerk	5173
fiscal officer of the township or to the clerk or auditor of the	5174
municipal corporation in which the precinct is situated. SuchThe	5175
fiscal officer, clerk, or auditor shall have booths and equipment	5176
on hand and in place at the polling places in each precinct before	5177
the time for opening the polls on election days, and for this	5178
service the board may allow the necessary expenses incurred. In	5179
cities, this duty shall devolve on the board.	5180

Sec. 3513.253.  Nominations of candidates for election as	5181
officers of a township shall be made only by nominating petitions,	5182
unless a majority of the electors of such township have petitioned	5183
for a primary election. The nominating petitions of nonpartisan	5184
candidates for township trustee and township clerkfiscal officer	5185
shall be signed by not less than twenty-five qualified electors of	5186
the township. Such petition shall be filed with the board of	5187
elections not later than four p.m. of the seventy-fifth day before	5188
the day of the general election, provided that no such nominating	5189
petition shall be accepted for filing if it appears to contain	5190
signatures aggregating in number more than three times the minimum	5191
number of signatures required by this section. A board of	5192
elections shall not accept for filing a nominating petition of a	5193
person if that person, for the same election, has already filed a	5194
declaration of candidacy, a declaration of intent to be a write-in	5195
candidate, or a nominating petition, or has become a candidate	5196
through party nomination at a primary election or by the filling	5197
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	5198
for any other township office, or for a municipal office, for	5199
member of a city, local, or exempted village board of education,	5200
or for member of a governing board of an educational service	5201
center. When a petition of a candidate has been accepted for	5202
filing by a board of elections, the petition shall not be deemed	5203
invalid if, upon verification of signatures contained in the	5204
petition, the board of elections finds the number of signatures	5205
accepted exceeds three times the minimum number of signatures	5206
required. A board of elections may discontinue verifying	5207
signatures when the number of verified signatures on a petition	5208
equals the minimum required number of qualified signatures.	5209

Sec. 3517.10.  (A) Except as otherwise provided in this	5210
division, every campaign committee, political action committee,	5211
legislative campaign fund, and political party that made or	5212
received a contribution or made an expenditure in connection with	5213
the nomination or election of any candidate or in connection with	5214
any ballot issue or question at any election held or to be held in	5215
this state shall file, on a form prescribed under this section or	5216
by electronic means of transmission as provided in this section	5217
and section 3517.106 of the Revised Code, a full, true, and	5218
itemized statement, made under penalty of election falsification,	5219
setting forth in detail the contributions and expenditures, not	5220
later than four p.m. of the following dates:	5221

(1) The twelfth day before the election to reflect	5222
contributions received and expenditures made from the close of	5223
business on the last day reflected in the last previously filed	5224
statement, if any, to the close of business on the twentieth day	5225
before the election;	5226

(2) The thirty-eighth day after the election to reflect the	5227
contributions received and expenditures made from the close of	5228
business on the last day reflected in the last previously filed	5229
statement, if any, to the close of business on the seventh day	5230
before the filing of the statement;	5231

(3) The last business day of January of every year to reflect	5232
the contributions received and expenditures made from the close of	5233
business on the last day reflected in the last previously filed	5234
statement, if any, to the close of business on the last day of	5235
December of the previous year;	5236

(4) The last business day of July of every year to reflect	5237
the contributions received and expenditures made from the close of	5238
business on the last day reflected in the last previously filed	5239
statement, if any, to the close of business on the last day of	5240
June of that year.	5241

A campaign committee shall only be required to file the	5242
statements prescribed under divisions (A)(1) and (2) of this	5243
section in connection with the nomination or election of the	5244
committee's candidate.	5245

The statement required under division (A)(1) of this section	5246
shall not be required of any campaign committee, political action	5247
committee, legislative campaign fund, or political party that has	5248
received contributions of less than one thousand dollars and has	5249
made expenditures of less than one thousand dollars at the close	5250
of business on the twentieth day before the election. Those	5251
contributions and expenditures shall be reported in the statement	5252
required under division (A)(2) of this section.	5253

If an election to select candidates to appear on the general	5254
election ballot is held within sixty days before a general	5255
election, the campaign committee of a successful candidate in the	5256
earlier election may file the statement required by division	5257
(A)(1) of this section for the general election instead of the	5258
statement required by division (A)(2) of this section for the	5259
earlier election if the pregeneral election statement reflects the	5260
status of contributions and expenditures for the period twenty	5261
days before the earlier election to twenty days before the general	5262
election.	5263

If a person becomes a candidate less than twenty days before	5264
an election, the candidate's campaign committee is not required to	5265
file the statement required by division (A)(1) of this section.	5266

No statement under division (A)(3) or (4) of this section	5267
shall be required for any year in which a campaign committee,	5268
political action committee, legislative campaign fund, or	5269
political party is required to file a postgeneral election	5270
statement under division (A)(2) of this section. However, such a	5271
statement may be filed, at the option of the campaign committee,	5272
political action committee, legislative campaign fund, or	5273
political party.	5274

No statement under division (A)(3) or (4) of this section	5275
shall be required if the campaign committee, political action	5276
committee, legislative campaign fund, or political party has no	5277
contributions that it has received and no expenditures that it has	5278
made since the last date reflected in its last previously filed	5279
statement. However, the campaign committee, political action	5280
committee, legislative campaign fund, or political party shall	5281
file a statement to that effect, on a form prescribed under this	5282
section and made under penalty of election falsification, on the	5283
date required in division (A)(3) or (4) of this section, as	5284
applicable.	5285

The campaign committee of a statewide candidate shall file a	5286
monthly statement of contributions received during each of the	5287
months of July, August, and September in the year of the general	5288
election in which the candidate seeks office. The campaign	5289
committee of a statewide candidate shall file the monthly	5290
statement not later than three business days after the last day of	5291
the month covered by the statement. During the period beginning on	5292
the nineteenth day before the general election in which a	5293
statewide candidate seeks election to office and extending through	5294
the day of that general election, each time the campaign committee	5295
of the joint candidates for the offices of governor and lieutenant	5296
governor or of a candidate for the office of secretary of state,	5297
auditor of state, treasurer of state, or attorney general receives	5298
a contribution from a contributor that causes the aggregate amount	5299
of contributions received from that contributor during that period	5300
to equal or exceed ten thousand dollars and each time the campaign	5301
committee of a candidate for the office of chief justice or	5302
justice of the supreme court receives a contribution from a	5303
contributor that causes the aggregate amount of contributions	5304
received from that contributor during that period to exceed ten	5305
thousand dollars, the campaign committee shall file a	5306
two-business-day statement reflecting that contribution. During	5307
the period beginning on the nineteenth day before a primary	5308
election in which a candidate for statewide office seeks	5309
nomination to office and extending through the day of that primary	5310
election, each time either the campaign committee of a statewide	5311
candidate in that primary election that files a notice under	5312
division (C)(1) of section 3517.103 of the Revised Code or the	5313
campaign committee of a statewide candidate in that primary	5314
election to which, in accordance with division (D) of section	5315
3517.103 of the Revised Code, the contribution limitations	5316
prescribed in section 3517.102 of the Revised Code no longer apply	5317
receives a contribution from a contributor that causes the	5318
aggregate amount of contributions received from that contributor	5319
during that period to exceed ten thousand dollars, the campaign	5320
committee shall file a two-business-day statement reflecting that	5321
contribution. Contributions reported on a two-business-day	5322
statement required to be filed by a campaign committee of a	5323
statewide candidate in a primary election shall also be included	5324
in the postprimary election statement required to be filed by that	5325
campaign committee under division (A)(2) of this section. A	5326
two-business-day statement required by this paragraph shall be	5327
filed not later than two business days after receipt of the	5328
contribution. The statements required by this paragraph shall be	5329
filed in addition to any other statements required by this	5330
section.	5331

Subject to the secretary of state having implemented, tested,	5332
and verified the successful operation of any system the secretary	5333
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	5334
this section and division (H)(1) of section 3517.106 of the	5335
Revised Code for the filing of campaign finance statements by	5336
electronic means of transmission, a campaign committee of a	5337
statewide candidate shall file a two-business-day statement under	5338
the preceding paragraph by electronic means of transmission if the	5339
campaign committee is required to file a pre-election,	5340
postelection, or monthly statement of contributions and	5341
expenditures by electronic means of transmission under this	5342
section or section 3517.106 of the Revised Code.	5343

If a campaign committee or political action committee has no	5344
balance on hand and no outstanding obligations and desires to	5345
terminate itself, it shall file a statement to that effect, on a	5346
form prescribed under this section and made under penalty of	5347
election falsification, with the official with whom it files a	5348
statement under division (A) of this section after filing a final	5349
statement of contributions and a final statement of expenditures,	5350
if contributions have been received or expenditures made since the	5351
period reflected in its last previously filed statement.	5352

(B) Except as otherwise provided in division (C)(7) of this	5353
section, each statement required by division (A) of this section	5354
shall contain the following information:	5355

(1) The full name and address of each campaign committee,	5356
political action committee, legislative campaign fund, or	5357
political party, including any treasurer of the committee, fund,	5358
or party, filing a contribution and expenditure statement;	5359

(2)(a) In the case of a campaign committee, the candidate's	5360
full name and address;	5361

(b) In the case of a political action committee, the	5362
registration number assigned to the committee under division	5363
(D)(1) of this section.	5364

(3) The date of the election and whether it was or will be a	5365
general, primary, or special election;	5366

(4) A statement of contributions received, which shall	5367
include the following information:	5368

(a) The month, day, and year of the contribution;

5369

(b)(i) The full name and address of each person, political	5370
party, campaign committee, legislative campaign fund, or political	5371
action committee from whom contributions are received and the	5372
registration number assigned to the political action committee	5373
under division (D)(1) of this section. The requirement of filing	5374
the full address does not apply to any statement filed by a state	5375
or local committee of a political party, to a finance committee of	5376
such committee, or to a committee recognized by a state or local	5377
committee as its fund-raising auxiliary. Notwithstanding division	5378
(F) of this section, the requirement of filing the full address	5379
shall be considered as being met if the address filed is the same	5380
address the contributor provided under division (E)(1) of this	5381
section.	5382

(ii) If a political action committee, legislative campaign	5383
fund, or political party that is required to file campaign finance	5384
statements by electronic means of transmission under section	5385
3517.106 of the Revised Code or a campaign committee of a	5386
statewide candidate or candidate for the office of member of the	5387
general assembly receives a contribution from an individual that	5388
exceeds one hundred dollars, the name of the individual's current	5389
employer, if any, or, if the individual is self-employed, the	5390
individual's occupation and the name of the individual's business,	5391
if any;	5392

(iii) If a campaign committee of a statewide candidate or	5393
candidate for the office of member of the general assembly	5394
receives a contribution transmitted pursuant to section 3599.031	5395
of the Revised Code from amounts deducted from the wages and	5396
salaries of two or more employees that exceeds in the aggregate	5397
one hundred dollars during any one filing period under division	5398
(A)(1), (2), (3), or (4) of this section, the full name of the	5399
employees' employer and the full name of the labor organization of	5400
which the employees are members, if any.	5401

(c) A description of the contribution received, if other than	5402
money;	5403

(d) The value in dollars and cents of the contribution;

5404

(e) A separately itemized account of all contributions and	5405
expenditures regardless of the amount, except a receipt of a	5406
contribution from a person in the sum of twenty-five dollars or	5407
less at one social or fund-raising activity and a receipt of a	5408
contribution transmitted pursuant to section 3599.031 of the	5409
Revised Code from amounts deducted from the wages and salaries of	5410
employees if the contribution from the amount deducted from the	5411
wages and salary of any one employee is twenty-five dollars or	5412
less aggregated in a calendar year. An account of the total	5413
contributions from each social or fund-raising activity shall	5414
include a description of and the value of each in-kind	5415
contribution received at that activity from any person who made	5416
one or more such contributions whose aggregate value exceeded two	5417
hundred fifty dollars and shall be listed separately, together	5418
with the expenses incurred and paid in connection with that	5419
activity. A campaign committee, political action committee,	5420
legislative campaign fund, or political party shall keep records	5421
of contributions from each person in the amount of twenty-five	5422
dollars or less at one social or fund-raising activity and	5423
contributions from amounts deducted under section 3599.031 of the	5424
Revised Code from the wages and salary of each employee in the	5425
amount of twenty-five dollars or less aggregated in a calendar	5426
year. No continuing association that is recognized by a state or	5427
local committee of a political party as an auxiliary of the party	5428
and that makes a contribution from funds derived solely from	5429
regular dues paid by members of the auxiliary shall be required to	5430
list the name or address of any members who paid those dues.	5431

Contributions that are other income shall be itemized	5432
separately from all other contributions. The information required	5433
under division (B)(4) of this section shall be provided for all	5434
other income itemized. As used in this paragraph, "other income"	5435
means a loan, investment income, or interest income.	5436

(f) In the case of a campaign committee of a state elected	5437
officer, if a person doing business with the state elected officer	5438
in the officer's official capacity makes a contribution to the	5439
campaign committee of that officer, the information required under	5440
division (B)(4) of this section in regard to that contribution,	5441
which shall be filed together with and considered a part of the	5442
committee's statement of contributions as required under division	5443
(A) of this section but shall be filed on a separate form provided	5444
by the secretary of state. As used in this division:	5445

(i) "State elected officer" has the same meaning as in	5446
section 3517.092 of the Revised Code.	5447

(ii) "Person doing business" means a person or an officer of	5448
an entity who enters into one or more contracts with a state	5449
elected officer or anyone authorized to enter into contracts on	5450
behalf of that officer to receive payments for goods or services,	5451
if the payments total, in the aggregate, more than five thousand	5452
dollars during a calendar year.	5453

(5) A statement of expenditures which shall include the	5454
following information:	5455

(a) The month, day, and year of the expenditure;

5456

(b) The full name and address of each person, political	5457
party, campaign committee, legislative campaign fund, or political	5458
action committee to whom the expenditure was made and the	5459
registration number assigned to the political action committee	5460
under division (D)(1) of this section;	5461

(c) The object or purpose for which the expenditure was made;

5462

(d) The amount of each expenditure.

5463

(C)(1) The statement of contributions and expenditures shall	5464
be signed by the person completing the form. If a statement of	5465
contributions and expenditures is filed by electronic means of	5466
transmission pursuant to this section or section 3517.106 of the	5467
Revised Code, the electronic signature of the person who executes	5468
the statement and transmits the statement by electronic means of	5469
transmission, as provided in division (H) of section 3517.106 of	5470
the Revised Code, shall be attached to or associated with the	5471
statement and shall be binding on all persons and for all purposes	5472
under the campaign finance reporting law as if the signature had	5473
been handwritten in ink on a printed form.	5474

(2) The person filing the statement, under penalty of	5475
election falsification, shall include with it a list of each	5476
anonymous contribution, the circumstances under which it was	5477
received, and the reason it cannot be attributed to a specific	5478
donor.	5479

(3) Each statement of a campaign committee of a candidate who	5480
holds public office shall contain a designation of each	5481
contributor who is an employee in any unit or department under the	5482
candidate's direct supervision and control. In a space provided in	5483
the statement, the person filing the statement shall affirm that	5484
each such contribution was voluntarily made.	5485

(4) A campaign committee that did not receive contributions	5486
or make expenditures in connection with the nomination or election	5487
of its candidate shall file a statement to that effect, on a form	5488
prescribed under this section and made under penalty of election	5489
falsification, on the date required in division (A)(2) of this	5490
section.	5491

(5) The campaign committee of any person who attempts to	5492
become a candidate and who, for any reason, does not become	5493
certified in accordance with Title XXXV of the Revised Code for	5494
placement on the official ballot of a primary, general, or special	5495
election to be held in this state, and who, at any time prior to	5496
or after an election, receives contributions or makes	5497
expenditures, or has given consent for another to receive	5498
contributions or make expenditures, for the purpose of bringing	5499
about the person's nomination or election to public office, shall	5500
file the statement or statements prescribed by this section and a	5501
termination statement, if applicable. Division (C)(5) of this	5502
section does not apply to any person with respect to an election	5503
to the offices of member of a county or state central committee,	5504
presidential elector, or delegate to a national convention or	5505
conference of a political party.	5506

(6)(a) The statements required to be filed under this section	5507
shall specify the balance in the hands of the campaign committee,	5508
political action committee, legislative campaign fund, or	5509
political party and the disposition intended to be made of that	5510
balance.	5511

(b) The secretary of state shall prescribe the form for all	5512
statements required to be filed under this section and shall	5513
furnish the forms to the boards of elections in the several	5514
counties. The boards of elections shall supply printed copies of	5515
those forms without charge. The secretary of state shall prescribe	5516
the appropriate methodology, protocol, and data file structure for	5517
statements required or permitted to be filed by electronic means	5518
of transmission under division (A) of this section, divisions (E),	5519
(F), and (G) of section 3517.106, division (D) of section	5520
3517.1011, division (B) of section 3517.1012, and division (C) of	5521
section 3517.1013 of the Revised Code. Subject to division (A) of	5522
this section, divisions (E), (F), and (G) of section 3517.106,	5523
division (D) of section 3517.1011, division (B) of section	5524
3517.1012, and division (C) of section 3517.1013 of the Revised	5525
Code, the statements required to be stored on computer by the	5526
secretary of state under division (B) of section 3517.106 of the	5527
Revised Code shall be filed in whatever format the secretary of	5528
state considers necessary to enable the secretary of state to	5529
store the information contained in the statements on computer. Any	5530
such format shall be of a type and nature that is readily	5531
available to whoever is required to file the statements in that	5532
format.	5533

(c) The secretary of state shall assess the need for training	5534
regarding the filing of campaign finance statements by electronic	5535
means of transmission and regarding associated technologies for	5536
candidates, campaign committees, political action committees,	5537
legislative campaign funds, or political parties, for individuals,	5538
partnerships, or other entities, or for persons making	5539
disbursements to pay the direct costs of producing or airing	5540
electioneering communications, required or permitted to file	5541
statements by electronic means of transmission under this section	5542
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013	5543
of the Revised Code. If, in the opinion of the secretary of state,	5544
training in these areas is necessary, the secretary of state shall	5545
arrange for the provision of voluntary training programs for	5546
candidates, campaign committees, political action committees,	5547
legislative campaign funds, or political parties, for individuals,	5548
partnerships, and other entities, or for persons making	5549
disbursements to pay the direct costs of producing or airing	5550
electioneering communications, as appropriate.	5551

(7) Each monthly statement and each two-business-day	5552
statement required by division (A) of this section shall contain	5553
the information required by divisions (B)(1) to (4), (C)(2), and,	5554
if appropriate, (C)(3) of this section. Each statement shall be	5555
signed as required by division (C)(1) of this section.	5556

(D)(1) Prior to receiving a contribution or making an	5557
expenditure, every campaign committee, political action committee,	5558
legislative campaign fund, or political party shall appoint a	5559
treasurer and shall file, on a form prescribed by the secretary of	5560
state, a designation of that appointment, including the full name	5561
and address of the treasurer and of the campaign committee,	5562
political action committee, legislative campaign fund, or	5563
political party. That designation shall be filed with the official	5564
with whom the campaign committee, political action committee,	5565
legislative campaign fund, or political party is required to file	5566
statements under section 3517.11 of the Revised Code. The name of	5567
a campaign committee shall include at least the last name of the	5568
campaign committee's candidate. The secretary of state shall	5569
assign a registration number to each political action committee	5570
that files a designation of the appointment of a treasurer under	5571
this division if the political action committee is required by	5572
division (A)(1) of section 3517.11 of the Revised Code to file the	5573
statements prescribed by this section with the secretary of state.	5574

(2) The treasurer appointed under division (D)(1) of this	5575
section shall keep a strict account of all contributions, from	5576
whom received and the purpose for which they were disbursed.	5577

(3)(a) Except as otherwise provided in section 3517.108 of	5578
the Revised Code, a campaign committee shall deposit all monetary	5579
contributions received by the committee into an account separate	5580
from a personal or business account of the candidate or campaign	5581
committee.	5582

(b) A political action committee shall deposit all monetary	5583
contributions received by the committee into an account separate	5584
from all other funds.	5585

(c) A state or county political party may establish a state	5586
candidate fund that is separate from an account that contains the	5587
public moneys received from the Ohio political party fund under	5588
section 3517.17 of the Revised Code and from all other funds. A	5589
state or county political party may deposit into its state	5590
candidate fund any amounts of monetary contributions that are made	5591
to or accepted by the political party subject to the applicable	5592
limitations, if any, prescribed in section 3517.102 of the Revised	5593
Code. A state or county political party shall deposit all other	5594
monetary contributions received by the party into one or more	5595
accounts that are separate from its state candidate fund and from	5596
its account that contains the public moneys received from the Ohio	5597
political party fund under section 3517.17 of the Revised Code.	5598

(d) Each state political party shall have only one	5599
legislative campaign fund for each house of the general assembly.	5600
Each such fund shall be separate from any other funds or accounts	5601
of that state party. A legislative campaign fund is authorized to	5602
receive contributions and make expenditures for the primary	5603
purpose of furthering the election of candidates who are members	5604
of that political party to the house of the general assembly with	5605
which that legislative campaign fund is associated. Each	5606
legislative campaign fund shall be administered and controlled in	5607
a manner designated by the caucus. As used in this division,	5608
"caucus" has the same meaning as in section 3517.01 of the Revised	5609
Code and includes, as an ex officio member, the chairperson of the	5610
state political party with which the caucus is associated or that	5611
chairperson's designee.	5612

(4) Every expenditure in excess of twenty-five dollars shall	5613
be vouched for by a receipted bill, stating the purpose of the	5614
expenditure, that shall be filed with the statement of	5615
expenditures. A canceled check with a notation of the purpose of	5616
the expenditure is a receipted bill for purposes of division	5617
(D)(4) of this section.	5618

(5) The secretary of state or the board of elections, as the	5619
case may be, shall issue a receipt for each statement filed under	5620
this section and shall preserve a copy of the receipt for a period	5621
of at least six years. All statements filed under this section	5622
shall be open to public inspection in the office where they are	5623
filed and shall be carefully preserved for a period of at least	5624
six years after the year in which they are filed.	5625

(6) The secretary of state, by rule adopted pursuant to	5626
section 3517.23 of the Revised Code, shall prescribe both of the	5627
following:	5628

(a) The manner of immediately acknowledging, with date and	5629
time received, and preserving the receipt of statements that are	5630
transmitted by electronic means of transmission to the secretary	5631
of state pursuant to this section or section 3517.106, 3517.1011,	5632
3517.1012, or 3517.1013 of the Revised Code;	5633

(b) The manner of preserving the contribution and	5634
expenditure, contribution and disbursement, deposit and	5635
disbursement, or gift and disbursement information in the	5636
statements described in division (D)(6)(a) of this section. The	5637
secretary of state shall preserve the contribution and	5638
expenditure, contribution and disbursement, deposit and	5639
disbursement, or gift and disbursement information in those	5640
statements for at least ten years after the year in which they are	5641
filed by electronic means of transmission.	5642

(7) The secretary of state, pursuant to division (I) of	5643
section 3517.106 of the Revised Code, shall make available online	5644
to the public through the internet the contribution and	5645
expenditure, contribution and disbursement, deposit and	5646
disbursement, or gift and disbursement information in all	5647
statements, all addenda, amendments, or other corrections to	5648
statements, and all amended statements filed with the secretary of	5649
state by electronic or other means of transmission under this	5650
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or	5651
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of	5652
the Revised Code. The secretary of state may remove the	5653
information from the internet after a reasonable period of time.	5654

(E)(1) Any person, political party, campaign committee,	5655
legislative campaign fund, or political action committee that	5656
makes a contribution in connection with the nomination or election	5657
of any candidate or in connection with any ballot issue or	5658
question at any election held or to be held in this state shall	5659
provide its full name and address to the recipient of the	5660
contribution at the time the contribution is made. The political	5661
action committee also shall provide the registration number	5662
assigned to the committee under division (D)(1) of this section to	5663
the recipient of the contribution at the time the contribution is	5664
made.	5665

(2) Any individual who makes a contribution that exceeds one	5666
hundred dollars to a political action committee, legislative	5667
campaign fund, or political party or to a campaign committee of a	5668
statewide candidate or candidate for the office of member of the	5669
general assembly shall provide the name of the individual's	5670
current employer, if any, or, if the individual is self-employed,	5671
the individual's occupation and the name of the individual's	5672
business, if any, to the recipient of the contribution at the time	5673
the contribution is made. Sections 3599.39 and 3599.40 of the	5674
Revised Code do not apply to division (E)(2) of this section.	5675

(3) If a campaign committee shows that it has exercised its	5676
best efforts to obtain, maintain, and submit the information	5677
required under divisions (B)(4)(b)(ii) and (iii) of this section,	5678
that committee is considered to have met the requirements of those	5679
divisions. A campaign committee shall not be considered to have	5680
exercised its best efforts unless, in connection with written	5681
solicitations, it regularly includes a written request for the	5682
information required under division (B)(4)(b)(ii) of this section	5683
from the contributor or the information required under division	5684
(B)(4)(b)(iii) of this section from whoever transmits the	5685
contribution.	5686

(4) Any check that a political action committee uses to make	5687
a contribution or an expenditure shall contain the full name and	5688
address of the committee and the registration number assigned to	5689
the committee under division (D)(1) of this section.	5690

(F) As used in this section:

5691

(1)(a) Except as otherwise provided in division (F)(1) of	5692
this section, "address" means all of the following if they exist:	5693
apartment number, street, road, or highway name and number, rural	5694
delivery route number, city or village, state, and zip code as	5695
used in a person's post-office address, but not post-office box.	5696

(b) Except as otherwise provided in division (F)(1) of this	5697
section, if an address is required in this section, a post-office	5698
box and office, room, or suite number may be included in addition	5699
to, but not in lieu of, an apartment, street, road, or highway	5700
name and number.	5701

(c) If an address is required in this section, a campaign	5702
committee, political action committee, legislative campaign fund,	5703
or political party may use the business or residence address of	5704
its treasurer or deputy treasurer. The post-office box number of	5705
the campaign committee, political action committee, legislative	5706
campaign fund, or political party may be used in addition to that	5707
address.	5708

(d) For the sole purpose of a campaign committee's reporting	5709
of contributions on a statement of contributions received under	5710
division (B)(4) of this section, "address" has one of the	5711
following meanings at the option of the campaign committee:	5712

(i) The same meaning as in division (F)(1)(a) of this	5713
section;	5714

(ii) All of the following, if they exist: the contributor's	5715
post-office box number and city or village, state, and zip code as	5716
used in the contributor's post-office address.	5717

(e) As used with regard to the reporting under this section	5718
of any expenditure, "address" means all of the following if they	5719
exist: apartment number, street, road, or highway name and number,	5720
rural delivery route number, city or village, state, and zip code	5721
as used in a person's post-office address, or post-office box. If	5722
an address concerning any expenditure is required in this section,	5723
a campaign committee, political action committee, legislative	5724
campaign fund, or political party may use the business or	5725
residence address of its treasurer or deputy treasurer or its	5726
post-office box number.	5727

(2) "Statewide candidate" means the joint candidates for the	5728
offices of governor and lieutenant governor or a candidate for the	5729
office of secretary of state, auditor of state, treasurer of	5730
state, attorney general, member of the state board of education,	5731
chief justice of the supreme court, or justice of the supreme	5732
court.	5733

(G) An independent expenditure shall be reported whenever and	5734
in the same manner that an expenditure is required to be reported	5735
under this section and shall be reported pursuant to division	5736
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	5737

(H)(1) Except as otherwise provided in division (H)(2) of	5738
this section, if, during the combined pre-election and	5739
postelection reporting periods for an election, a campaign	5740
committee has received contributions of five hundred dollars or	5741
less and has made expenditures in the total amount of five hundred	5742
dollars or less, it may file a statement to that effect, under	5743
penalty of election falsification, in lieu of the statement	5744
required by division (A)(2) of this section. The statement shall	5745
indicate the total amount of contributions received and the total	5746
amount of expenditures made during those combined reporting	5747
periods.	5748

(2) In the case of a successful candidate at a primary	5749
election, if either the total contributions received by or the	5750
total expenditures made by the candidate's campaign committee	5751
during the preprimary, postprimary, pregeneral, and postgeneral	5752
election periods combined equal more than five hundred dollars,	5753
the campaign committee may file the statement under division	5754
(H)(1) of this section only for the primary election. The first	5755
statement that the campaign committee files in regard to the	5756
general election shall reflect all contributions received and all	5757
expenditures made during the preprimary and postprimary election	5758
periods.	5759

(3) Divisions (H)(1) and (2) of this section do not apply if	5760
a campaign committee receives contributions or makes expenditures	5761
prior to the first day of January of the year of the election at	5762
which the candidate seeks nomination or election to office or if	5763
the campaign committee does not file a termination statement with	5764
its postprimary election statement in the case of an unsuccessful	5765
primary election candidate or with its postgeneral election	5766
statement in the case of other candidates.	5767

(I) In the case of a contribution made by a partner of a	5768
partnership or an owner or a member of another unincorporated	5769
business from any funds of the partnership or other unincorporated	5770
business, all of the following apply:	5771

(1) The recipient of the contribution shall report the	5772
contribution by listing both the partnership or other	5773
unincorporated business and the name of the partner, owner, or	5774
member making the contribution.	5775

(2) For purposes of section 3517.102 of the Revised Code, the	5776
contribution shall be considered to have been made by the partner,	5777
owner, or member reported under division (I)(1) of this section.	5778

(3) No contribution from a partner of a partnership or an	5779
owner or a member of another unincorporated business shall be	5780
accepted from any funds of the partnership or other unincorporated	5781
business unless the recipient reports the contribution under	5782
division (I)(1) of this section.	5783

(4) No partnership or other unincorporated business shall	5784
make a contribution or contributions solely in the name of the	5785
partnership or other unincorporated business.	5786

(5) As used in division (I) of this section, "partnership or	5787
other unincorporated business" includes, but is not limited to, a	5788
cooperative, a sole proprietorship, a general partnership, a	5789
limited partnership, a limited partnership association, a limited	5790
liability partnership, and a limited liability company.	5791

(J) A candidate shall have only one campaign committee at any	5792
given time for all of the offices for which the person is a	5793
candidate or holds office.	5794

(K)(1) In addition to filing a designation of appointment of	5795
a treasurer under division (D)(1) of this section, the campaign	5796
committee of any candidate for an elected municipal office that	5797
pays an annual amount of compensation of five thousand dollars or	5798
less, the campaign committee of any candidate for member of a	5799
board of education except member of the state board of education,	5800
or the campaign committee of any candidate for township trustee or	5801
township clerkfiscal officer may sign, under penalty of election	5802
falsification, a certificate attesting that the committee will not	5803
accept contributions during an election period that exceed in the	5804
aggregate two thousand dollars from all contributors and one	5805
hundred dollars from any one individual, and that the campaign	5806
committee will not make expenditures during an election period	5807
that exceed in the aggregate two thousand dollars.	5808

The certificate shall be on a form prescribed by the	5809
secretary of state and shall be filed not later than ten days	5810
after the candidate files a declaration of candidacy and petition,	5811
a nominating petition, or a declaration of intent to be a write-in	5812
candidate.	5813

(2) Except as otherwise provided in division (K)(3) of this	5814
section, a campaign committee that files a certificate under	5815
division (K)(1) of this section is not required to file the	5816
statements required by division (A) of this section.	5817

(3) If, after filing a certificate under division (K)(1) of	5818
this section, a campaign committee exceeds any of the limitations	5819
described in that division during an election period, the	5820
certificate is void and thereafter the campaign committee shall	5821
file the statements required by division (A) of this section. If	5822
the campaign committee has not previously filed a statement, then	5823
on the first statement the campaign committee is required to file	5824
under division (A) of this section after the committee's	5825
certificate is void, the committee shall report all contributions	5826
received and expenditures made from the time the candidate filed	5827
the candidate's declaration of candidacy and petition, nominating	5828
petition, or declaration of intent to be a write-in candidate.	5829

(4) As used in division (K) of this section, "election	5830
period" means the period of time beginning on the day a person	5831
files a declaration of candidacy and petition, nominating	5832
petition, or declaration of intent to be a write-in candidate	5833
through the day of the election at which the person seeks	5834
nomination to office if the person is not elected to office, or,	5835
if the candidate was nominated in a primary election, the day of	5836
the election at which the candidate seeks office.	5837

Sec. 3709.30.  In case of epidemic or threatened epidemic or	5838
during the unusual prevalence of a dangerous communicable disease,	5839
if the moneys in the district health fund of a general health	5840
district are not sufficient, in the judgment of the board of	5841
health of suchthe district, to defray the expenses necessary to	5842
prevent the spread of such disease, suchthe board shall estimate	5843
the amount required for suchthis purpose and apportion it among	5844
the townships and municipal corporations in which the condition	5845
exists, on the basis provided for in section 3709.28 of the	5846
Revised Code. SuchThe estimate and apportionment shall be	5847
certified to the county auditor of the proper county, who shall	5848
draw an order on the clerk, fiscal officer, auditor, or other	5849
similar officer of each township or municipal corporation affected	5850
therebyby it, for suchthat amount. SuchThe clerk, fiscal	5851
officer, auditor, or other similar officer shall forthwith draw	5852
hisa warrant on the township clerkfiscal officer or the	5853
treasurer of suchthe municipal corporation for the amount of such	5854
the certification, which shall be honored by the clerkfiscal	5855
officer or treasurer from any general treasury balances subject to	5856
histhe fiscal officer's or treasurer's control, regardless of	5857
funds.	5858

The clerk, fiscal officer, auditor, or other similar officer	5859
then shall thereupon set up an account to be designated "as an	5860
emergency health account," showing a deficit thereinin the	5861
account, and certify the action taken to the board of township	5862
trustees, legislative authority, or other body having the power to	5863
borrow money. Thereupon suchThat body then may exercise the	5864
powers provided for in section 3707.28 of the Revised Code. Moneys	5865
raised under this section shall be placed in the treasury of the	5866
borrowing subdivision and credited to the emergency health	5867
account, which shall thereuponthen be closed, so that the moneys	5868
taken from general cash balances shall be restored thereto and the	5869
regular funds of the subdivision shall be restored thereby.	5870

If there is not sufficient money in the general cash balances	5871
of suchthe subdivisions to satisfy the warrant so drawn by the	5872
clerk, fiscal officer, auditor, or other similar officer, the	5873
clerktownship fiscal officer or the treasurer thereofof the	5874
municipal corporation shall honor suchthe warrant to the extent	5875
of the cash in suchthe treasury, and the balance shall be	5876
certified by the clerk, fiscal officer, auditor, or other similar	5877
officer and the clerkfiscal officer or treasurer, jointly, to the	5878
borrowing authority, which shall immediately exercise the powers	5879
provided for in this section, to raise the amount of the warrant.	5880
The proceeds of such action shall be paid into the general cash	5881
balance in the treasury of the subdivision, and the balance due on	5882
the warrant shall then be paid.	5883

The warrants provided for in this section shall be drawn in	5884
favor of the county treasurer, as treasurer of the district health	5885
fund, and the proceeds shall go into suchthe fund. A separate	5886
account shall be kept of expenditures under this section. If a	5887
greater amount is expended in any township or municipal	5888
corporation than the amount drawn therefrom by action under this	5889
section, the excess shall be charged against suchthe subdivision	5890
at the next annual apportionment in addition to the amount	5891
apportionable to suchthe subdivision under section 3709.28 of the	5892
Revised Code. If the amount drawn under this section is not wholly	5893
expended in any subdivision, the unexpended remainder shall be	5894
credited to the next annual apportionment to suchthe subdivision.	5895

Performance of the official duties imposed by this section on	5896
officers, boards, and legislative bodies may be enforced by	5897
mandamus on the relation of the board of health, which is hereby	5898
given special capacity to sue in sucha mandamus action. In any	5899
such casemandamus action, the return day of the alternative writ	5900
shall not be more than three days after the filing of the	5901
petition.	5902

Sec. 3734.025.  The owner or operator of an off-site	5903
infectious waste treatment facility shall pay the fees levied by	5904
an ordinance or resolution adopted under section 3734.024 of the	5905
Revised Code monthly to the treasurer or other such officer of the	5906
municipal corporation as, by virtue of the charter, has the duties	5907
of the treasurer or to the clerkfiscal officer of the township.	5908
The owner or operator shall remit the fees to the treasurer or	5909
other officer or to the clerkfiscal officer in accordance with	5910
rules adopted under section 3734.026 of the Revised Code. The	5911
remittance shall be accompanied by a return indicating the total	5912
amount of infectious wastes received at the facility for treatment	5913
during the month to which the return applies. If a monthly return	5914
and remittance of the fees are not submitted to the treasurer or	5915
other officer or to the clerkfiscal officer within sixty days	5916
after the last day of the month to which the return and remittance	5917
apply or within sixty days after the date otherwise established in	5918
rules adopted under section 3734.026 of the Revised Code, the	5919
owner or operator shall pay a penalty of an additional fifty per	5920
cent of the amount of the remittance for each month that it is	5921
late.	5922

Money received by the treasurer or such other officer of the	5923
municipal corporation under this section shall be paid into the	5924
general fund of the municipal corporation. Money received by the	5925
clerkfiscal officer of a township under this section shall be	5926
paid into the general fund of the township. The treasurer or other	5927
officer of the municipal corporation or the clerkfiscal officer	5928
of the township, as appropriate, shall maintain separate records	5929
of money received from the fees remitted under this section.	5930

No owner or operator of an off-site infectious waste	5931
treatment facility shall violate or fail to comply with this	5932
section or a rule adopted under section 3734.026 of the Revised	5933
Code.	5934

Sec. 3734.026.  The director of environmental protection	5935
shall adopt rules in accordance with Chapter 119. of the Revised	5936
Code establishing procedures for remitting fees levied under	5937
section 3734.024 of the Revised Code to the treasurers or other	5938
appropriate fiscal officers of municipal corporations and to the	5939
clerksfiscal officers of townships. The rules also shall	5940
establish the dates for remitting the fees to those officers and	5941
may establish any other requirements that the director considers	5942
necessary or appropriate to implement or administer sections	5943
3734.024 and 3734.025 of the Revised Code.	5944

Sec. 3734.57.  (A) For the purposes of paying the state's	5945
long-term operation costs or matching share for actions taken	5946
under the "Comprehensive Environmental Response, Compensation, and	5947
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	5948
amended; paying the costs of measures for proper clean-up of sites	5949
where polychlorinated biphenyls and substances, equipment, and	5950
devices containing or contaminated with polychlorinated biphenyls	5951
have been stored or disposed of; paying the costs of conducting	5952
surveys or investigations of solid waste facilities or other	5953
locations where it is believed that significant quantities of	5954
hazardous waste were disposed of and for conducting enforcement	5955
actions arising from the findings of such surveys or	5956
investigations; paying the costs of acquiring and cleaning up, or	5957
providing financial assistance for cleaning up, any hazardous	5958
waste facility or solid waste facility containing significant	5959
quantities of hazardous waste, that constitutes an imminent and	5960
substantial threat to public health or safety or the environment;	5961
and, from July 1, 2003, through June 30, 2006, for the purposes of	5962
paying the costs of administering and enforcing the laws	5963
pertaining to solid wastes, infectious wastes, and construction	5964
and demolition debris, including, without limitation, ground water	5965
evaluations related to solid wastes, infectious wastes, and	5966
construction and demolition debris, under this chapter and Chapter	5967
3714. of the Revised Code and any rules adopted under them, and	5968
paying a share of the administrative costs of the environmental	5969
protection agency pursuant to section 3745.014 of the Revised	5970
Code, the following fees are hereby levied on the disposal of	5971
solid wastes in this state:	5972

(1) One dollar per ton on and after July 1, 1993;

5973

(2) An additional one dollar per ton on and after July 1,	5974
2003, through June 30, 2006.	5975

The owner or operator of a solid waste disposal facility	5976
shall collect the fees levied under this division as a trustee for	5977
the state and shall prepare and file with the director of	5978
environmental protection monthly returns indicating the total	5979
tonnage of solid wastes received for disposal at the gate of the	5980
facility and the total amount of the fees collected under this	5981
division. Not later than thirty days after the last day of the	5982
month to which such a return applies, the owner or operator shall	5983
mail to the director the return for that month together with the	5984
fees collected during that month as indicated on the return. The	5985
owner or operator may request an extension of not more than thirty	5986
days for filing the return and remitting the fees, provided that	5987
the owner or operator has submitted such a request in writing to	5988
the director together with a detailed description of why the	5989
extension is requested, the director has received the request not	5990
later than the day on which the return is required to be filed,	5991
and the director has approved the request. If the fees are not	5992
remitted within thirty days after the last day of the month during	5993
which they were collected or are not remitted by the last day of	5994
an extension approved by the director, the owner or operator shall	5995
pay an additional fifty per cent of the amount of the fees for	5996
each month that they are late.	5997

One-half of the moneys remitted to the director under	5998
division (A)(1) of this section shall be credited to the hazardous	5999
waste facility management fund created in section 3734.18 of the	6000
Revised Code, and one-half shall be credited to the hazardous	6001
waste clean-up fund created in section 3734.28 of the Revised	6002
Code. The moneys remitted to the director under division (A)(2) of	6003
this section shall be credited to the solid waste fund, which is	6004
hereby created in the state treasury. The environmental protection	6005
agency shall use moneys in the solid waste fund only to pay the	6006
costs of administering and enforcing the laws pertaining to solid	6007
wastes, infectious wastes, and construction and demolition debris,	6008
including, without limitation, ground water evaluations related to	6009
solid wastes, infectious wastes, and construction and demolition	6010
debris, under this chapter and Chapter 3714. of the Revised Code	6011
and rules adopted under them and to pay a share of the	6012
administrative costs of the environmental protection agency	6013
pursuant to section 3745.014 of the Revised Code.	6014

The fees levied under this division and divisions (B) and (C)	6015
of this section are in addition to all other applicable fees and	6016
taxes and shall be added to any other fee or amount specified in a	6017
contract that is charged by the owner or operator of a solid waste	6018
disposal facility or to any other fee or amount that is specified	6019
in a contract entered into on or after March 4, 1992, and that is	6020
charged by a transporter of solid wastes.	6021

(B) For the purpose of preparing, revising, and implementing	6022
the solid waste management plan of the county or joint solid waste	6023
management district, including, without limitation, the	6024
development and implementation of solid waste recycling or	6025
reduction programs; providing financial assistance to boards of	6026
health within the district, if solid waste facilities are located	6027
within the district, for the enforcement of this chapter and rules	6028
adopted and orders and terms and conditions of permits, licenses,	6029
and variances issued under it, other than the hazardous waste	6030
provisions of this chapter and rules adopted and orders and terms	6031
and conditions of permits issued under those provisions; providing	6032
financial assistance to the county to defray the added costs of	6033
maintaining roads and other public facilities and of providing	6034
emergency and other public services resulting from the location	6035
and operation of a solid waste facility within the county under	6036
the district's approved solid waste management plan; paying the	6037
costs incurred by boards of health for collecting and analyzing	6038
water samples from public or private wells on lands adjacent to	6039
solid waste facilities that are contained in the approved or	6040
amended plan of the district; paying the costs of developing and	6041
implementing a program for the inspection of solid wastes	6042
generated outside the boundaries of this state that are disposed	6043
of at solid waste facilities included in the district's approved	6044
solid waste management plan or amended plan; providing financial	6045
assistance to boards of health within the district for enforcing	6046
laws prohibiting open dumping; providing financial assistance to	6047
local law enforcement agencies within the district for enforcing	6048
laws and ordinances prohibiting littering; providing financial	6049
assistance to boards of health of health districts within the	6050
district that are on the approved list under section 3734.08 of	6051
the Revised Code for the training and certification required for	6052
their employees responsible for solid waste enforcement by rules	6053
adopted under division (L) of section 3734.02 of the Revised Code;	6054
providing financial assistance to individual municipal	6055
corporations and townships within the district to defray their	6056
added costs of maintaining roads and other public facilities and	6057
of providing emergency and other public services resulting from	6058
the location and operation within their boundaries of a	6059
composting, energy or resource recovery, incineration, or	6060
recycling facility that either is owned by the district or is	6061
furnishing solid waste management facility or recycling services	6062
to the district pursuant to a contract or agreement with the board	6063
of county commissioners or directors of the district; and payment	6064
of any expenses that are agreed to, awarded, or ordered to be paid	6065
under section 3734.35 of the Revised Code and of any	6066
administrative costs incurred pursuant to that section, the solid	6067
waste management policy committee of a county or joint solid waste	6068
management district may levy fees upon the following activities:	6069

(1) The disposal at a solid waste disposal facility located	6070
in the district of solid wastes generated within the district;	6071

(2) The disposal at a solid waste disposal facility within	6072
the district of solid wastes generated outside the boundaries of	6073
the district, but inside this state;	6074

(3) The disposal at a solid waste disposal facility within	6075
the district of solid wastes generated outside the boundaries of	6076
this state.	6077

If any such fees are levied prior to January 1, 1994, fees	6078
levied under division (B)(1) of this section always shall be equal	6079
to one-half of the fees levied under division (B)(2) of this	6080
section, and fees levied under division (B)(3) of this section,	6081
which shall be in addition to fees levied under division (B)(2) of	6082
this section, always shall be equal to fees levied under division	6083
(B)(1) of this section, except as otherwise provided in this	6084
division. The solid waste management plan of the county or joint	6085
district approved under section 3734.521 or 3734.55 of the Revised	6086
Code and any amendments to it, or the resolution adopted under	6087
this division, as appropriate, shall establish the rates of the	6088
fees levied under divisions (B)(1), (2), and (3) of this section,	6089
if any, and shall specify whether the fees are levied on the basis	6090
of tons or cubic yards as the unit of measurement. Although the	6091
fees under divisions (A)(1) and (2) of this section are levied on	6092
the basis of tons as the unit of measurement, the solid waste	6093
management plan of the district and any amendments to it or the	6094
solid waste management policy committee in its resolution levying	6095
fees under this division may direct that the fees levied under	6096
those divisions be levied on the basis of cubic yards as the unit	6097
of measurement based upon a conversion factor of three cubic yards	6098
per ton generally or one cubic yard per ton for baled wastes if	6099
the fees under divisions (B)(1) to (3) of this section are being	6100
levied on the basis of cubic yards as the unit of measurement	6101
under the plan, amended plan, or resolution.	6102

On and after January 1, 1994, the fee levied under division	6103
(B)(1) of this section shall be not less than one dollar per ton	6104
nor more than two dollars per ton, the fee levied under division	6105
(B)(2) of this section shall be not less than two dollars per ton	6106
nor more than four dollars per ton, and the fee levied under	6107
division (B)(3) of this section shall be not more than the fee	6108
levied under division (B)(1) of this section, except as otherwise	6109
provided in this division and notwithstanding any schedule of	6110
those fees established in the solid waste management plan of a	6111
county or joint district approved under section 3734.55 of the	6112
Revised Code or a resolution adopted and ratified under this	6113
division that is in effect on that date. If the fee that a	6114
district is levying under division (B)(1) of this section on that	6115
date under its approved plan or such a resolution is less than one	6116
dollar per ton, the fee shall be one dollar per ton on and after	6117
January 1, 1994, and if the fee that a district is so levying	6118
under that division exceeds two dollars per ton, the fee shall be	6119
two dollars per ton on and after that date. If the fee that a	6120
district is so levying under division (B)(2) of this section is	6121
less than two dollars per ton, the fee shall be two dollars per	6122
ton on and after that date, and if the fee that the district is so	6123
levying under that division exceeds four dollars per ton, the fee	6124
shall be four dollars per ton on and after that date. On that	6125
date, the fee levied by a district under division (B)(3) of this	6126
section shall be equal to the fee levied under division (B)(1) of	6127
this section. Except as otherwise provided in this division, the	6128
fees established by the operation of this amendment shall remain	6129
in effect until the district's resolution levying fees under this	6130
division is amended or repealed in accordance with this division	6131
to amend or abolish the schedule of fees, the schedule of fees is	6132
amended or abolished in an amended plan of the district approved	6133
under section 3734.521 or division (A) or (D) of section 3734.56	6134
of the Revised Code, or the schedule of fees is amended or	6135
abolished through an amendment to the district's plan under	6136
division (E) of section 3734.56 of the Revised Code; the	6137
notification of the amendment or abolishment of the fees has been	6138
given in accordance with this division; and collection of the	6139
amended fees so established commences, or collection of the fees	6140
ceases, in accordance with this division.	6141

The solid waste management policy committee of a district	6142
levying fees under divisions (B)(1) to (3) of this section on	6143
October 29, 1993, under its solid waste management plan approved	6144
under section 3734.55 of the Revised Code or a resolution adopted	6145
and ratified under this division that are within the ranges of	6146
rates prescribed by this amendment, by adoption of a resolution	6147
not later than December 1, 1993, and without the necessity for	6148
ratification of the resolution under this division, may amend	6149
those fees within the prescribed ranges, provided that the	6150
estimated revenues from the amended fees will not substantially	6151
exceed the estimated revenues set forth in the district's budget	6152
for calendar year 1994. Not later than seven days after the	6153
adoption of such a resolution, the committee shall notify by	6154
certified mail the owner or operator of each solid waste disposal	6155
facility that is required to collect the fees of the adoption of	6156
the resolution and of the amount of the amended fees. Collection	6157
of the amended fees shall take effect on the first day of the	6158
first month following the month in which the notification is sent	6159
to the owner or operator. The fees established in such a	6160
resolution shall remain in effect until the district's resolution	6161
levying fees that was adopted and ratified under this division is	6162
amended or repealed, and the amendment or repeal of the resolution	6163
is ratified, in accordance with this division, to amend or abolish	6164
the fees, the schedule of fees is amended or abolished in an	6165
amended plan of the district approved under section 3734.521 or	6166
division (A) or (D) of section 3734.56 of the Revised Code, or the	6167
schedule of fees is amended or abolished through an amendment to	6168
the district's plan under division (E) of section 3734.56 of the	6169
Revised Code; the notification of the amendment or abolishment of	6170
the fees has been given in accordance with this division; and	6171
collection of the amended fees so established commences, or	6172
collection of the fees ceases, in accordance with this division.	6173

Prior to the approval of the solid waste management plan of	6174
the district under section 3734.55 of the Revised Code, the solid	6175
waste management policy committee of a district may levy fees	6176
under this division by adopting a resolution establishing the	6177
proposed amount of the fees. Upon adopting the resolution, the	6178
committee shall deliver a copy of the resolution to the board of	6179
county commissioners of each county forming the district and to	6180
the legislative authority of each municipal corporation and	6181
township under the jurisdiction of the district and shall prepare	6182
and publish the resolution and a notice of the time and location	6183
where a public hearing on the fees will be held. Upon adopting the	6184
resolution, the committee shall deliver written notice of the	6185
adoption of the resolution; of the amount of the proposed fees;	6186
and of the date, time, and location of the public hearing to the	6187
director and to the fifty industrial, commercial, or institutional	6188
generators of solid wastes within the district that generate the	6189
largest quantities of solid wastes, as determined by the	6190
committee, and to their local trade associations. The committee	6191
shall make good faith efforts to identify those generators within	6192
the district and their local trade associations, but the	6193
nonprovision of notice under this division to a particular	6194
generator or local trade association does not invalidate the	6195
proceedings under this division. The publication shall occur at	6196
least thirty days before the hearing. After the hearing, the	6197
committee may make such revisions to the proposed fees as it	6198
considers appropriate and thereafter, by resolution, shall adopt	6199
the revised fee schedule. Upon adopting the revised fee schedule,	6200
the committee shall deliver a copy of the resolution doing so to	6201
the board of county commissioners of each county forming the	6202
district and to the legislative authority of each municipal	6203
corporation and township under the jurisdiction of the district.	6204
Within sixty days after the delivery of a copy of the resolution	6205
adopting the proposed revised fees by the policy committee, each	6206
such board and legislative authority, by ordinance or resolution,	6207
shall approve or disapprove the revised fees and deliver a copy of	6208
the ordinance or resolution to the committee. If any such board or	6209
legislative authority fails to adopt and deliver to the policy	6210
committee an ordinance or resolution approving or disapproving the	6211
revised fees within sixty days after the policy committee	6212
delivered its resolution adopting the proposed revised fees, it	6213
shall be conclusively presumed that the board or legislative	6214
authority has approved the proposed revised fees.	6215

In the case of a county district or a joint district formed	6216
by two or three counties, the committee shall declare the proposed	6217
revised fees to be ratified as the fee schedule of the district	6218
upon determining that the board of county commissioners of each	6219
county forming the district has approved the proposed revised fees	6220
and that the legislative authorities of a combination of municipal	6221
corporations and townships with a combined population within the	6222
district comprising at least sixty per cent of the total	6223
population of the district have approved the proposed revised	6224
fees, provided that in the case of a county district, that	6225
combination shall include the municipal corporation having the	6226
largest population within the boundaries of the district, and	6227
provided further that in the case of a joint district formed by	6228
two or three counties, that combination shall include for each	6229
county forming the joint district the municipal corporation having	6230
the largest population within the boundaries of both the county in	6231
which the municipal corporation is located and the joint district.	6232
In the case of a joint district formed by four or more counties,	6233
the committee shall declare the proposed revised fees to be	6234
ratified as the fee schedule of the joint district upon	6235
determining that the boards of county commissioners of a majority	6236
of the counties forming the district have approved the proposed	6237
revised fees; that, in each of a majority of the counties forming	6238
the joint district, the proposed revised fees have been approved	6239
by the municipal corporation having the largest population within	6240
the county and the joint district; and that the legislative	6241
authorities of a combination of municipal corporations and	6242
townships with a combined population within the joint district	6243
comprising at least sixty per cent of the total population of the	6244
joint district have approved the proposed revised fees.	6245

For the purposes of this division, only the population of the	6246
unincorporated area of a township shall be considered. For the	6247
purpose of determining the largest municipal corporation within	6248
each county under this division, a municipal corporation that is	6249
located in more than one solid waste management district, but that	6250
is under the jurisdiction of one county or joint solid waste	6251
management district in accordance with division (A) of section	6252
3734.52 of the Revised Code shall be considered to be within the	6253
boundaries of the county in which a majority of the population of	6254
the municipal corporation resides.	6255

The committee may amend the schedule of fees levied pursuant	6256
to a resolution or amended resolution adopted and ratified under	6257
this division by adopting a resolution establishing the proposed	6258
amount of the amended fees. The committee may abolish the fees	6259
levied pursuant to such a resolution or amended resolution by	6260
adopting a resolution proposing to repeal them. Upon adopting such	6261
a resolution, the committee shall proceed to obtain ratification	6262
of the resolution in accordance with this division.	6263

Not later than fourteen days after declaring the fees or	6264
amended fees to be ratified under this division, the committee	6265
shall notify by certified mail the owner or operator of each solid	6266
waste disposal facility that is required to collect the fees of	6267
the ratification and the amount of the fees. Collection of any	6268
fees or amended fees ratified on or after March 24, 1992, shall	6269
commence on the first day of the second month following the month	6270
in which notification is sent to the owner or operator.	6271

Not later than fourteen days after declaring the repeal of	6272
the district's schedule of fees to be ratified under this	6273
division, the committee shall notify by certified mail the owner	6274
or operator of each facility that is collecting the fees of the	6275
repeal. Collection of the fees shall cease on the first day of the	6276
second month following the month in which notification is sent to	6277
the owner or operator.	6278

Not later than fourteen days after the director issues an	6279
order approving a district's solid waste management plan under	6280
section 3734.55 of the Revised Code or amended plan under division	6281
(A) or (D) of section 3734.56 of the Revised Code that establishes	6282
or amends a schedule of fees levied by the district, or the	6283
ratification of an amendment to the district's approved plan or	6284
amended plan under division (E) of section 3734.56 of the Revised	6285
Code that establishes or amends a schedule of fees, as	6286
appropriate, the committee shall notify by certified mail the	6287
owner or operator of each solid waste disposal facility that is	6288
required to collect the fees of the approval of the plan or	6289
amended plan, or the amendment to the plan, as appropriate, and	6290
the amount of the fees or amended fees. In the case of an initial	6291
or amended plan approved under section 3734.521 of the Revised	6292
Code in connection with a change in district composition, other	6293
than one involving the withdrawal of a county from a joint	6294
district, that establishes or amends a schedule of fees levied	6295
under divisions (B)(1) to (3) of this section by a district	6296
resulting from the change, the committee, within fourteen days	6297
after the change takes effect pursuant to division (G) of that	6298
section, shall notify by certified mail the owner or operator of	6299
each solid waste disposal facility that is required to collect the	6300
fees that the change has taken effect and of the amount of the	6301
fees or amended fees. Collection of any fees set forth in a plan	6302
or amended plan approved by the director on or after April 16,	6303
1993, or an amendment of a plan or amended plan under division (E)	6304
of section 3734.56 of the Revised Code that is ratified on or	6305
after April 16, 1993, shall commence on the first day of the	6306
second month following the month in which notification is sent to	6307
the owner or operator.	6308

Not later than fourteen days after the director issues an	6309
order approving a district's plan under section 3734.55 of the	6310
Revised Code or amended plan under division (A) or (D) of section	6311
3734.56 of the Revised Code that abolishes the schedule of fees	6312
levied under divisions (B)(1) to (3) of this section, or an	6313
amendment to the district's approved plan or amended plan	6314
abolishing the schedule of fees is ratified pursuant to division	6315
(E) of section 3734.56 of the Revised Code, as appropriate, the	6316
committee shall notify by certified mail the owner or operator of	6317
each facility that is collecting the fees of the approval of the	6318
plan or amended plan, or the amendment of the plan or amended	6319
plan, as appropriate, and the abolishment of the fees. In the case	6320
of an initial or amended plan approved under section 3734.521 of	6321
the Revised Code in connection with a change in district	6322
composition, other than one involving the withdrawal of a county	6323
from a joint district, that abolishes the schedule of fees levied	6324
under divisions (B)(1) to (3) of this section by a district	6325
resulting from the change, the committee, within fourteen days	6326
after the change takes effect pursuant to division (G) of that	6327
section, shall notify by certified mail the owner or operator of	6328
each solid waste disposal facility that is required to collect the	6329
fees that the change has taken effect and of the abolishment of	6330
the fees. Collection of the fees shall cease on the first day of	6331
the second month following the month in which notification is sent	6332
to the owner or operator.	6333

Except as otherwise provided in this division, if the	6334
schedule of fees that a district is levying under divisions (B)(1)	6335
to (3) of this section pursuant to a resolution or amended	6336
resolution adopted and ratified under this division, the solid	6337
waste management plan of the district approved under section	6338
3734.55 of the Revised Code, an amended plan approved under	6339
division (A) or (D) of section 3734.56 of the Revised Code, or an	6340
amendment to the district's approved plan or amended plan under	6341
division (E) of section 3734.56 of the Revised Code, is amended by	6342
the adoption and ratification of an amendment to the resolution or	6343
amended resolution or an amendment of the district's approved plan	6344
or amended plan, the fees in effect immediately prior to the	6345
approval of the plan or the amendment of the resolution, amended	6346
resolution, plan, or amended plan, as appropriate, shall continue	6347
to be collected until collection of the amended fees commences	6348
pursuant to this division.	6349

If, in the case of a change in district composition involving	6350
the withdrawal of a county from a joint district, the director	6351
completes the actions required under division (G)(1) or (3) of	6352
section 3734.521 of the Revised Code, as appropriate, forty-five	6353
days or more before the beginning of a calendar year, the policy	6354
committee of each of the districts resulting from the change that	6355
obtained the director's approval of an initial or amended plan in	6356
connection with the change, within fourteen days after the	6357
director's completion of the required actions, shall notify by	6358
certified mail the owner or operator of each solid waste disposal	6359
facility that is required to collect the district's fees that the	6360
change is to take effect on the first day of January immediately	6361
following the issuance of the notice and of the amount of the fees	6362
or amended fees levied under divisions (B)(1) to (3) of this	6363
section pursuant to the district's initial or amended plan as so	6364
approved or, if appropriate, the abolishment of the district's	6365
fees by that initial or amended plan. Collection of any fees set	6366
forth in such a plan or amended plan shall commence on the first	6367
day of January immediately following the issuance of the notice.	6368
If such an initial or amended plan abolishes a schedule of fees,	6369
collection of the fees shall cease on that first day of January.	6370

If, in the case of a change in district composition involving	6371
the withdrawal of a county from a joint district, the director	6372
completes the actions required under division (G)(1) or (3) of	6373
section 3734.521 of the Revised Code, as appropriate, less than	6374
forty-five days before the beginning of a calendar year, the	6375
director, on behalf of each of the districts resulting from the	6376
change that obtained the director's approval of an initial or	6377
amended plan in connection with the change proceedings, shall	6378
notify by certified mail the owner or operator of each solid waste	6379
disposal facility that is required to collect the district's fees	6380
that the change is to take effect on the first day of January	6381
immediately following the mailing of the notice and of the amount	6382
of the fees or amended fees levied under divisions (B)(1) to (3)	6383
of this section pursuant to the district's initial or amended plan	6384
as so approved or, if appropriate, the abolishment of the	6385
district's fees by that initial or amended plan. Collection of any	6386
fees set forth in such a plan or amended plan shall commence on	6387
the first day of the second month following the month in which	6388
notification is sent to the owner or operator. If such an initial	6389
or amended plan abolishes a schedule of fees, collection of the	6390
fees shall cease on the first day of the second month following	6391
the month in which notification is sent to the owner or operator.	6392

In the case of a change in district composition, the schedule	6393
of fees that the former districts that existed prior to the change	6394
were levying under divisions (B)(1) to (3) of this section	6395
pursuant to a resolution or amended resolution adopted and	6396
ratified under this division, the solid waste management plan of a	6397
former district approved under section 3734.521 or 3734.55 of the	6398
Revised Code, an amended plan approved under section 3734.521 or	6399
division (A) or (D) of section 3734.56 of the Revised Code, or an	6400
amendment to a former district's approved plan or amended plan	6401
under division (E) of section 3734.56 of the Revised Code, and	6402
that were in effect on the date that the director completed the	6403
actions required under division (G)(1) or (3) of section 3734.521	6404
of the Revised Code shall continue to be collected until the	6405
collection of the fees or amended fees of the districts resulting	6406
from the change is required to commence, or if an initial or	6407
amended plan of a resulting district abolishes a schedule of fees,	6408
collection of the fees is required to cease, under this division.	6409
Moneys so received from the collection of the fees of the former	6410
districts shall be divided among the resulting districts in	6411
accordance with division (B) of section 343.012 of the Revised	6412
Code and the agreements entered into under division (B) of section	6413
343.01 of the Revised Code to establish the former and resulting	6414
districts and any amendments to those agreements.	6415

For the purposes of the provisions of division (B) of this	6416
section establishing the times when newly established or amended	6417
fees levied by a district are required to commence and the	6418
collection of fees that have been amended or abolished is required	6419
to cease, "fees" or "schedule of fees" includes, in addition to	6420
fees levied under divisions (B)(1) to (3) of this section, those	6421
levied under section 3734.573 or 3734.574 of the Revised Code.	6422

(C) For the purposes of defraying the added costs to a	6423
municipal corporation or township of maintaining roads and other	6424
public facilities and of providing emergency and other public	6425
services, and compensating a municipal corporation or township for	6426
reductions in real property tax revenues due to reductions in real	6427
property valuations resulting from the location and operation of a	6428
solid waste disposal facility within the municipal corporation or	6429
township, a municipal corporation or township in which such a	6430
solid waste disposal facility is located may levy a fee of not	6431
more than twenty-five cents per ton on the disposal of solid	6432
wastes at a solid waste disposal facility located within the	6433
boundaries of the municipal corporation or township regardless of	6434
where the wastes were generated.	6435

The legislative authority of a municipal corporation or	6436
township may levy fees under this division by enacting an	6437
ordinance or adopting a resolution establishing the amount of the	6438
fees. Upon so doing the legislative authority shall mail a	6439
certified copy of the ordinance or resolution to the board of	6440
county commissioners or directors of the county or joint solid	6441
waste management district in which the municipal corporation or	6442
township is located or, if a regional solid waste management	6443
authority has been formed under section 343.011 of the Revised	6444
Code, to the board of trustees of that regional authority, the	6445
owner or operator of each solid waste disposal facility in the	6446
municipal corporation or township that is required to collect the	6447
fee by the ordinance or resolution, and the director of	6448
environmental protection. Although the fees levied under this	6449
division are levied on the basis of tons as the unit of	6450
measurement, the legislative authority, in its ordinance or	6451
resolution levying the fees under this division, may direct that	6452
the fees be levied on the basis of cubic yards as the unit of	6453
measurement based upon a conversion factor of three cubic yards	6454
per ton generally or one cubic yard per ton for baled wastes.	6455

Not later than five days after enacting an ordinance or	6456
adopting a resolution under this division, the legislative	6457
authority shall so notify by certified mail the owner or operator	6458
of each solid waste disposal facility that is required to collect	6459
the fee. Collection of any fee levied on or after March 24, 1992,	6460
shall commence on the first day of the second month following the	6461
month in which notification is sent to the owner or operator.	6462

(D)(1) The fees levied under divisions (A), (B), and (C) of	6463
this section do not apply to the disposal of solid wastes that:	6464

(a) Are disposed of at a facility owned by the generator of	6465
the wastes when the solid waste facility exclusively disposes of	6466
solid wastes generated at one or more premises owned by the	6467
generator regardless of whether the facility is located on a	6468
premises where the wastes are generated;	6469

(b) Are disposed of at facilities that exclusively dispose of	6470
wastes that are generated from the combustion of coal, or from the	6471
combustion of primarily coal in combination with scrap tires, that	6472
is not combined in any way with garbage at one or more premises	6473
owned by the generator.	6474

(2) Except as provided in section 3734.571 of the Revised	6475
Code, any fees levied under division (B)(1) of this section apply	6476
to solid wastes originating outside the boundaries of a county or	6477
joint district that are covered by an agreement for the joint use	6478
of solid waste facilities entered into under section 343.02 of the	6479
Revised Code by the board of county commissioners or board of	6480
directors of the county or joint district where the wastes are	6481
generated and disposed of.	6482

(3) When solid wastes, other than solid wastes that consist	6483
of scrap tires, are burned in a disposal facility that is an	6484
incinerator or energy recovery facility, the fees levied under	6485
divisions (A), (B), and (C) of this section shall be levied upon	6486
the disposal of the fly ash and bottom ash remaining after burning	6487
of the solid wastes and shall be collected by the owner or	6488
operator of the sanitary landfill where the ash is disposed of.	6489

(4) When solid wastes are delivered to a solid waste transfer	6490
facility, the fees levied under divisions (A), (B), and (C) of	6491
this section shall be levied upon the disposal of solid wastes	6492
transported off the premises of the transfer facility for disposal	6493
and shall be collected by the owner or operator of the solid waste	6494
disposal facility where the wastes are disposed of.	6495

(5) The fees levied under divisions (A), (B), and (C) of this	6496
section do not apply to sewage sludge that is generated by a waste	6497
water treatment facility holding a national pollutant discharge	6498
elimination system permit and that is disposed of through	6499
incineration, land application, or composting or at another	6500
resource recovery or disposal facility that is not a landfill.	6501

(6) The fees levied under divisions (A), (B), and (C) of this	6502
section do not apply to solid wastes delivered to a solid waste	6503
composting facility for processing. When any unprocessed solid	6504
waste or compost product is transported off the premises of a	6505
composting facility and disposed of at a landfill, the fees levied	6506
under divisions (A), (B), and (C) of this section shall be	6507
collected by the owner or operator of the landfill where the	6508
unprocessed waste or compost product is disposed of.	6509

(7) When solid wastes that consist of scrap tires are	6510
processed at a scrap tire recovery facility, the fees levied under	6511
divisions (A), (B), and (C) of this section shall be levied upon	6512
the disposal of the fly ash and bottom ash or other solid wastes	6513
remaining after the processing of the scrap tires and shall be	6514
collected by the owner or operator of the solid waste disposal	6515
facility where the ash or other solid wastes are disposed of.	6516

(E) The fees levied under divisions (B) and (C) of this	6517
section shall be collected by the owner or operator of the solid	6518
waste disposal facility where the wastes are disposed of as a	6519
trustee for the county or joint district and municipal corporation	6520
or township where the wastes are disposed of. Moneys from the fees	6521
levied under division (B) of this section shall be forwarded to	6522
the board of county commissioners or board of directors of the	6523
district in accordance with rules adopted under division (H) of	6524
this section. Moneys from the fees levied under division (C) of	6525
this section shall be forwarded to the treasurer or such other	6526
officer of the municipal corporation as, by virtue of the charter,	6527
has the duties of the treasurer or to the clerkfiscal officer of	6528
the township, as appropriate, in accordance with those rules.	6529

(F) Moneys received by the treasurer or such other officer of	6530
the municipal corporation under division (E) of this section shall	6531
be paid into the general fund of the municipal corporation. Moneys	6532
received by the clerkfiscal officer of the township under that	6533
division shall be paid into the general fund of the township. The	6534
treasurer or such other officer of the municipal corporation or	6535
the clerktownship fiscal officer, as appropriate, shall maintain	6536
separate records of the moneys received from the fees levied under	6537
division (C) of this section.	6538

(G) Moneys received by the board of county commissioners or	6539
board of directors under division (E) of this section or section	6540
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	6541
shall be paid to the county treasurer, or other official acting in	6542
a similar capacity under a county charter, in a county district or	6543
to the county treasurer or other official designated by the board	6544
of directors in a joint district and kept in a separate and	6545
distinct fund to the credit of the district. If a regional solid	6546
waste management authority has been formed under section 343.011	6547
of the Revised Code, moneys received by the board of trustees of	6548
that regional authority under division (E) of this section shall	6549
be kept by the board in a separate and distinct fund to the credit	6550
of the district. Moneys in the special fund of the county or joint	6551
district arising from the fees levied under division (B) of this	6552
section and the fee levied under division (A) of section 3734.573	6553
of the Revised Code shall be expended by the board of county	6554
commissioners or directors of the district in accordance with the	6555
district's solid waste management plan or amended plan approved	6556
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	6557
exclusively for the following purposes:	6558

(1) Preparation of the solid waste management plan of the	6559
district under section 3734.54 of the Revised Code, monitoring	6560
implementation of the plan, and conducting the periodic review and	6561
amendment of the plan required by section 3734.56 of the Revised	6562
Code by the solid waste management policy committee;	6563

(2) Implementation of the approved solid waste management	6564
plan or amended plan of the district, including, without	6565
limitation, the development and implementation of solid waste	6566
recycling or reduction programs;	6567

(3) Providing financial assistance to boards of health within	6568
the district, if solid waste facilities are located within the	6569
district, for enforcement of this chapter and rules, orders, and	6570
terms and conditions of permits, licenses, and variances adopted	6571
or issued under it, other than the hazardous waste provisions of	6572
this chapter and rules adopted and orders and terms and conditions	6573
of permits issued under those provisions;	6574

(4) Providing financial assistance to each county within the	6575
district to defray the added costs of maintaining roads and other	6576
public facilities and of providing emergency and other public	6577
services resulting from the location and operation of a solid	6578
waste facility within the county under the district's approved	6579
solid waste management plan or amended plan;	6580

(5) Pursuant to contracts entered into with boards of health	6581
within the district, if solid waste facilities contained in the	6582
district's approved plan or amended plan are located within the	6583
district, for paying the costs incurred by those boards of health	6584
for collecting and analyzing samples from public or private water	6585
wells on lands adjacent to those facilities;	6586

(6) Developing and implementing a program for the inspection	6587
of solid wastes generated outside the boundaries of this state	6588
that are disposed of at solid waste facilities included in the	6589
district's approved solid waste management plan or amended plan;	6590

(7) Providing financial assistance to boards of health within	6591
the district for the enforcement of section 3734.03 of the Revised	6592
Code or to local law enforcement agencies having jurisdiction	6593
within the district for enforcing anti-littering laws and	6594
ordinances;	6595

(8) Providing financial assistance to boards of health of	6596
health districts within the district that are on the approved list	6597
under section 3734.08 of the Revised Code to defray the costs to	6598
the health districts for the participation of their employees	6599
responsible for enforcement of the solid waste provisions of this	6600
chapter and rules adopted and orders and terms and conditions of	6601
permits, licenses, and variances issued under those provisions in	6602
the training and certification program as required by rules	6603
adopted under division (L) of section 3734.02 of the Revised Code;	6604

(9) Providing financial assistance to individual municipal	6605
corporations and townships within the district to defray their	6606
added costs of maintaining roads and other public facilities and	6607
of providing emergency and other public services resulting from	6608
the location and operation within their boundaries of a	6609
composting, energy or resource recovery, incineration, or	6610
recycling facility that either is owned by the district or is	6611
furnishing solid waste management facility or recycling services	6612
to the district pursuant to a contract or agreement with the board	6613
of county commissioners or directors of the district;	6614

(10) Payment of any expenses that are agreed to, awarded, or	6615
ordered to be paid under section 3734.35 of the Revised Code and	6616
of any administrative costs incurred pursuant to that section. In	6617
the case of a joint solid waste management district, if the board	6618
of county commissioners of one of the counties in the district is	6619
negotiating on behalf of affected communities, as defined in that	6620
section, in that county, the board shall obtain the approval of	6621
the board of directors of the district in order to expend moneys	6622
for administrative costs incurred.	6623

Prior to the approval of the district's solid waste	6624
management plan under section 3734.55 of the Revised Code, moneys	6625
in the special fund of the district arising from the fees shall be	6626
expended for those purposes in the manner prescribed by the solid	6627
waste management policy committee by resolution.	6628

Notwithstanding division (G)(6) of this section as it existed	6629
prior to October 29, 1993, or any provision in a district's solid	6630
waste management plan prepared in accordance with division	6631
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	6632
prior to that date, any moneys arising from the fees levied under	6633
division (B)(3) of this section prior to January 1, 1994, may be	6634
expended for any of the purposes authorized in divisions (G)(1) to	6635
(10) of this section.	6636

(H) The director shall adopt rules in accordance with Chapter	6637
119. of the Revised Code prescribing procedures for collecting and	6638
forwarding the fees levied under divisions (B) and (C) of this	6639
section to the boards of county commissioners or directors of	6640
county or joint solid waste management districts and to the	6641
treasurers or other officers of municipal corporations or toand	6642
the clerksfiscal officers of townships. The rules also shall	6643
prescribe the dates for forwarding the fees to the boards and	6644
officials and may prescribe any other requirements the director	6645
considers necessary or appropriate to implement and administer	6646
divisions (A), (B), and (C) of this section. Collection of the	6647
fees levied under division (A)(1) of this section shall commence	6648
on July 1, 1993. Collection of the fees levied under division	6649
(A)(2) of this section shall commence on January 1, 1994.	6650

Sec. 4301.80.  (A) As used in this section, "community	6651
entertainment district" means a bounded area that includes or will	6652
include a combination of entertainment, retail, educational,	6653
sporting, social, cultural, or arts establishments within close	6654
proximity to some or all of the following types of establishments	6655
within the district, or other types of establishments similar to	6656
these:	6657

(1) Hotels;

6658

(2) Restaurants;

6659

(3) Retail sales establishments;

6660

(4) Enclosed shopping centers;

6661

(5) Museums;

6662

(6) Performing arts theaters;

6663

(7) Motion picture theaters;

6664

(8) Night clubs;

6665

(9) Convention facilities;

6666

(10) Sports facilities;

6667

(11) Entertainment facilities or complexes;

6668

(12) Any combination of the establishments described in	6669
division (A)(1) to (11) of this section that provide similar	6670
services to the community.	6671

(B) Any owner of property located in a municipal corporation	6672
seeking to have that property, or that property and other	6673
surrounding property, designated as a community entertainment	6674
district shall file an application seeking this designation with	6675
the mayor of the municipal corporation in which that property is	6676
located. Any owner of property located in the unincorporated area	6677
of a township seeking to have that property, or that property and	6678
other surrounding property, designated as a community	6679
entertainment district shall file an application seeking this	6680
designation with the board of township trustees of the township in	6681
whose unincorporated area that property is located. An application	6682
to designate an area as a community entertainment district shall	6683
contain all of the following:	6684

(1) The applicant's name and address;

6685

(2) A map or survey of the proposed community entertainment	6686
district in sufficient detail to identify the boundaries of the	6687
district and the property owned by the applicant;	6688

(3) A general statement of the nature and types of	6689
establishments described in division (A) of this section that are	6690
or will be located within the proposed community improvement	6691
district and any other establishments located in the proposed	6692
community entertainment district that are not described in	6693
division (A) of this section;	6694

(4) If some or all of the establishments within the proposed	6695
community entertainment district have not yet been developed, the	6696
proposed time frame for completing the development of these	6697
establishments;	6698

(5) Evidence that the uses of land within the proposed	6699
community entertainment district are in accord with the municipal	6700
corporation's or township's master zoning plan or map;	6701

(6) A certificate from a surveyor or engineer licensed under	6702
Chapter 4733. of the Revised Code indicating that the area	6703
encompassed by the proposed community entertainment district	6704
contains no less than twenty contiguous acres;	6705

(7) A handling and processing fee to accompany the	6706
application, payable to the applicable municipal corporation or	6707
township, in an amount determined by that municipal corporation or	6708
township.	6709

(C) An application described in division (B) of this section	6710
relating to an area located in a municipal corporation shall be	6711
addressed and submitted to the mayor of the municipal corporation	6712
in which the area described in the application is located. The	6713
mayor, within thirty days after receiving the application, shall	6714
submit the application with the mayor's recommendation to the	6715
legislative authority of the municipal corporation. An application	6716
described in division (B) of this section relating to an area	6717
located in the unincorporated area of a township shall be	6718
addressed and submitted to the board of township trustees of the	6719
township in whose unincorporated area the area described in the	6720
application is located. The application is a public record for	6721
purposes of section 149.43 of the Revised Code upon its receipt by	6722
the mayor or board of township trustees.	6723

Within thirty days after it receives the application and the	6724
mayor's recommendations relating to the application, the	6725
legislative authority of the municipal corporation, by notice	6726
published once a week for two consecutive weeks in at least one	6727
newspaper of general circulation in the municipal corporation,	6728
shall notify the public that the application is on file in the	6729
office of the clerk of the municipal corporation and is available	6730
for inspection by the public during regular business hours. Within	6731
thirty days after it receives the application, the board of	6732
township trustees, by notice published once a week for two	6733
consecutive weeks in at least one newspaper of general circulation	6734
in the township, shall notify the public that the application is	6735
on file in the office of the township clerkfiscal officer and is	6736
available for inspection by the public during regular business	6737
hours. The notice shall also indicate the date and time of any	6738
public hearing by the legislative authority or board of township	6739
trustees on the application.	6740

Within seventy-five days after the date the application is	6741
filed with the mayor of a municipal corporation, the legislative	6742
authority of the municipal corporation by ordinance or resolution	6743
shall approve or disapprove the application based on whether the	6744
proposed community entertainment district does or will	6745
substantially contribute to entertainment, retail, educational,	6746
sporting, social, cultural, or arts opportunities for the	6747
community. The community considered shall at a minimum include the	6748
municipal corporation in which the community is located. Any	6749
approval of an application shall be by an affirmative majority	6750
vote of the legislative authority.	6751

Within seventy-five days after the date the application is	6752
filed with a board of township trustees, the board by resolution	6753
shall approve or disapprove the application based on whether the	6754
proposed community entertainment district does or will	6755
substantially contribute to entertainment, retail, educational,	6756
sporting, social, cultural, or arts opportunities for the	6757
community. The community considered shall at a minimum include the	6758
township in which the community is located. Any approval of an	6759
application shall be by an affirmative majority vote of the board	6760
of township trustees.	6761

If the legislative authority or board of township trustees	6762
disapproves the application, the applicant may make changes in the	6763
application to secure its approval by the legislative authority or	6764
board of township trustees. Any area approved by the legislative	6765
authority or board of township trustees constitutes a community	6766
entertainment district, and a local option election may be	6767
conducted in the district, as a type of community facility, under	6768
section 4301.356 of the Revised Code.	6769

(D) All or part of an area designated as a community	6770
entertainment district may lose this designation as provided in	6771
this division. The legislative authority of a municipal	6772
corporation in which a community entertainment district is	6773
located, or the board of township trustees of the township in	6774
whose unincorporated area a community entertainment district is	6775
located, after giving notice of its proposed action by publication	6776
once a week for two consecutive weeks in at least one newspaper of	6777
general circulation in the municipal corporation or township, may	6778
determine by ordinance or resolution in the case of the	6779
legislative authority of a municipal corporation, or by resolution	6780
in the case of a board of township trustees of a township, that	6781
all or part of the area fails to meet the standards described in	6782
this section for designation of an area as a community	6783
entertainment district. If the legislative authority or board so	6784
determines, the area designated in the ordinance or resolution no	6785
longer constitutes a community entertainment district.	6786

Sec. 4303.26.  (A) Applications for regular permits	6787
authorized by sections 4303.02 to 4303.23 of the Revised Code may	6788
be filed with the division of liquor control. No permit shall be	6789
issued by the division until fifteen days after the application	6790
for it is filed. An applicant for the issuance of a new permit	6791
shall pay a processing fee of one hundred dollars when filing	6792
application for the permit, if the permit is then available, or	6793
shall pay the processing fee when a permit becomes available, if	6794
it is not available when the applicant initially files the	6795
application. When an application for a new class C or D permit is	6796
filed, when class C or D permits become available, or when an	6797
application for transfer of ownership of a class C or D permit or	6798
transfer of a location of a class C or D permit is filed, no	6799
permit shall be issued, nor shall the location or the ownership of	6800
a permit be transferred, by the division until the division	6801
notifies the legislative authority of the municipal corporation,	6802
if the business or event is or is to be located within the	6803
corporate limits of a municipal corporation, or the clerk of the	6804
board of county commissioners and the fiscal officer of the board	6805
of township trustees in the county in which the business or event	6806
is or is to be conducted, if the business is or is to be located	6807
outside the corporate limits of a municipal corporation, and an	6808
opportunity is provided officials or employees of the municipal	6809
corporation or county and township, who shall be designated by the	6810
legislative authority of the municipal corporation or the board of	6811
county commissioners or board of township trustees, for a complete	6812
hearing upon the advisability of the issuance, transfer of	6813
ownership, or transfer of location of the permit. In this hearing,	6814
no objection to the issuance, transfer of ownership, or transfer	6815
of location of the permit shall be based upon noncompliance of the	6816
proposed permit premises with local zoning regulations which	6817
prohibit the sale of beer or intoxicating liquor, in an area zoned	6818
for commercial or industrial uses, for a permit premises that	6819
would otherwise qualify for a proper permit issued by the	6820
division.	6821

When the division sends notice to the legislative or	6822
executive authority of the political subdivision, as required by	6823
this section, the division shall also so notify, by certified	6824
mail, return receipt requested, or by personal service, the chief	6825
peace officer of the political subdivision. Upon the request of	6826
the chief peace officer, the division shall send the chief peace	6827
officer a copy of the application for the issuance or the transfer	6828
of ownership or location of the permit and all other documents or	6829
materials filed by the applicant or applicants in relation to the	6830
application. The chief peace officer may appear and testify,	6831
either in person or through a representative, at any hearing held	6832
on the advisability of the issuance, transfer of ownership, or	6833
transfer of location of the permit. The hearing shall be held in	6834
the central office of the division, except that upon written	6835
request of the legislative authority of the municipal corporation	6836
or the board of county commissioners or board of township	6837
trustees, the hearing shall be held in the county seat of the	6838
county where the applicant's business is or is to be conducted.	6839

If the business or event specified in an application for the	6840
issuance, transfer of ownership, or transfer of location of any	6841
regular permit authorized by sections 4303.02 to 4303.23 of the	6842
Revised Code, except for an F-2 permit, is, or is to be operated,	6843
within five hundred feet from the boundaries of a parcel of real	6844
estate having situated on it a school, church, library, public	6845
playground, or township park, no permit shall be issued, nor shall	6846
the location or the ownership of a permit be transferred, by the	6847
division until written notice of the filing of the application	6848
with the division is served, by certified mail, return receipt	6849
requested, or by personal service, upon the authorities in control	6850
of the school, church, library, public playground, or township	6851
park and an opportunity is provided them for a complete hearing	6852
upon the advisability of the issuance, transfer of ownership, or	6853
transfer of location of the permit. In this hearing, no objection	6854
to the issuance, transfer of ownership, or transfer of location of	6855
the permit shall be based upon the noncompliance of the proposed	6856
permit premises with local zoning regulations which prohibit the	6857
sale of beer or intoxicating liquor, in an area zoned for	6858
commercial or industrial uses, for a permit premises that would	6859
otherwise qualify for a proper permit issued by the division. Upon	6860
the written request of any suchof these authorities, the hearing	6861
shall be held in the county seat of the county where the	6862
applicant's business is or is to be conducted.	6863

A request for any hearing authorized by this section shall be	6864
made no later than thirty days from the time of notification by	6865
the division. This thirty-day period begins on the date the	6866
division mails notice to the legislative authority or the date on	6867
which the division mails notice to or, by personal service, serves	6868
notice upon, the institution. The division shall conduct a hearing	6869
if the request for the hearing is postmarked by the deadline date.	6870
The division may allow, upon cause shown by the requesting	6871
legislative authority or board, an extension of thirty additional	6872
days for the legislative authority of the municipal corporation,	6873
board of township trustees of the township, or board of county	6874
commissioners of the county in which a permit premises is or is to	6875
be located to object to the issuance, transfer of ownership, or	6876
transfer of location of a permit. SuchThe request for the	6877
extension shall be made by the legislative authority or board to	6878
the division no later than thirty days after the time of	6879
notification by the division.	6880

(B)(1) When an application for transfer of ownership of a	6881
permit is filed with the division, the division shall give notice	6882
of the application to the department of taxation. Within twenty	6883
days after receiving this notification, the department of taxation	6884
shall notify the division of liquor control and the proposed	6885
transferee of the permit if the permit holder owes to this state	6886
any delinquent sales taxes or income taxes withheld from employee	6887
compensation or has failed to file any sales tax returns or	6888
employee income tax withholding returns, to the extent that such	6889
the delinquent taxes and delinquent returns are known to the	6890
department of taxation at that time. The division shall not	6891
transfer ownership of the permit until returns known to be	6892
delinquent are filed and until any suchthe tax or withholding	6893
delinquency is resolved. As used in this division, "resolved"	6894
means that the tax or withholding delinquency has been paid or an	6895
amount sufficient to satisfy the delinquency is in escrow for the	6896
benefit of the state. The department of taxation shall notify the	6897
division of the resolution. After the division has received such	6898
the notification from the department of taxation, the division may	6899
proceed to transfer ownership of the permit. Nothing in this	6900
division shall be construed to affect or limit the	6901
responsibilities or liabilities of the transferor or the	6902
transferee imposed by Chapter 5739. or 5747. of the Revised Code.	6903

(2) Notwithstanding section 5703.21 of the Revised Code,	6904
nothing prohibits the department of taxation from disclosing to	6905
the division or to the proposed transferee or the proposed	6906
transferee's designated agent any information pursuant to division	6907
(B)(1) of this section.	6908

(C) No F or F-2 permit shall be issued for an event until the	6909
applicant has, by means of a form that the division shall provide	6910
to the applicant, notified the chief peace officer of the	6911
political subdivision in which the event will be conducted of the	6912
date, time, place, and duration of the event.	6913

(D) The division of liquor control shall notify an applicant	6914
for a permit authorized by sections 4303.02 to 4303.23 of the	6915
Revised Code of an action pending or judgment entered against a	6916
liquor permit premises, of which the division has knowledge,	6917
pursuant to section 3767.03 or 3767.05 of the Revised Code if the	6918
applicant is applying for a permit at the location of the premises	6919
that is the subject of the action under section 3767.03 or	6920
judgment under section 3767.05 of the Revised Code.	6921

Sec. 4928.20.  (A) The legislative authority of a municipal	6922
corporation may adopt an ordinance, or the board of township	6923
trustees of a township or the board of county commissioners of a	6924
county may adopt a resolution, under which, on or after the	6925
starting date of competitive retail electric service, it may	6926
aggregate in accordance with this section the retail electrical	6927
loads located, respectively, within the municipal corporation,	6928
township, or unincorporated area of the county and, for that	6929
purpose, may enter into service agreements to facilitate for those	6930
loads the sale and purchase of electricity. The legislative	6931
authority or board also may exercise such authority jointly with	6932
any other such legislative authority or board. An ordinance or	6933
resolution under this division shall specify whether the	6934
aggregation will occur only with the prior consent of each person	6935
owning, occupying, controlling, or using an electric load center	6936
proposed to be aggregated or will occur automatically for all such	6937
persons pursuant to the opt-out requirements of division (D) of	6938
this section. Nothing in this division, however, authorizes the	6939
aggregation of such retail electric loads of an electric load	6940
center, as defined in section 4933.81 of the Revised Code, that is	6941
located in the certified territory of a nonprofit electric	6942
supplier under sections 4933.81 to 4933.90 of the Revised Code or	6943
an electric load center served by transmission or distribution	6944
facilities of a municipal electric utility.	6945

(B) If an ordinance or resolution adopted under division (A)	6946
of this section specifies that aggregation will occur	6947
automatically as described in that division, the ordinance or	6948
resolution shall direct the board of elections to submit the	6949
question of the authority to aggregate to the electors of the	6950
respective municipal corporation, township, or unincorporated area	6951
of a county at a special election on the day of the next primary	6952
or general election in the municipal corporation, township, or	6953
county. The legislative authority or board shall certify a copy of	6954
the ordinance or resolution to the board of elections not less	6955
than seventy-five days before the day of the special election. No	6956
ordinance or resolution adopted under division (A) of this section	6957
that provides for an election under this division shall take	6958
effect unless approved by a majority of the electors voting upon	6959
the ordinance or resolution at the election held pursuant to this	6960
division.	6961

(C) Upon the applicable requisite authority under divisions	6962
(A) and (B) of this section, the legislative authority or board	6963
shall develop a plan of operation and governance for the	6964
aggregation program so authorized. Before adopting a plan under	6965
this division, the legislative authority or board shall hold at	6966
least two public hearings on the plan. Before the first hearing,	6967
the legislative authority or board shall publish notice of the	6968
hearings once a week for two consecutive weeks in a newspaper of	6969
general circulation in the jurisdiction. The notice shall	6970
summarize the plan and state the date, time, and location of each	6971
hearing.	6972

(D) No legislative authority or board, pursuant to an	6973
ordinance or resolution under divisions (A) and (B) of this	6974
section that provides for automatic aggregation as described in	6975
division (A) of this section, shall aggregate the electrical load	6976
of any electric load center located within its jurisdiction unless	6977
it in advance clearly discloses to the person owning, occupying,	6978
controlling, or using the load center that the person will be	6979
enrolled automatically in the aggregation program and will remain	6980
so enrolled unless the person affirmatively elects by a stated	6981
procedure not to be so enrolled. The disclosure shall state	6982
prominently the rates, charges, and other terms and conditions of	6983
enrollment. The stated procedure shall allow any person enrolled	6984
in the aggregation program the opportunity to opt out of the	6985
program every two years, without paying a switching fee. Any such	6986
person that opts out of the aggregation program pursuant to the	6987
stated procedure shall default to the standard service offer	6988
provided under division (A) of section 4928.14 or division (D) of	6989
section 4928.35 of the Revised Code until the person chooses an	6990
alternative supplier.	6991

(E)(1) With respect to a governmental aggregation for a	6992
municipal corporation that is authorized pursuant to division (A)	6993
to (D) of this section, resolutions may be proposed by initiative	6994
or referendum petitions in accordance with sections 731.28 to	6995
731.41 of the Revised Code.	6996

(2) With respect to a governmental aggregation for a township	6997
or the unincorporated area of a county, which aggregation is	6998
authorized pursuant to division (A) to (D) of this section,	6999
resolutions may be proposed by initiative or referendum petitions	7000
in accordance with sections 731.28 to 731.40 of the Revised Code,	7001
except that:	7002

(a) The petitions shall be filed, respectively, with the	7003
township clerkfiscal officer or the board of county	7004
commissioners, who shall perform those duties imposed under those	7005
sections upon the city auditor or village clerk.	7006

(b) The petitions shall contain the signatures of not less	7007
than ten per cent of the total number of electors in,	7008
respectively, the township or the unincorporated area of the	7009
county who voted for the office of governor at the preceding	7010
general election for that office in that area.	7011

(F) A governmental aggregator under division (A) of this	7012
section is not a public utility engaging in the wholesale purchase	7013
and resale of electricity, and provision of the aggregated service	7014
is not a wholesale utility transaction. A governmental aggregator	7015
shall be subject to supervision and regulation by the public	7016
utilities commission only to the extent of any competitive retail	7017
electric service it provides and commission authority under this	7018
chapter.	7019

(G) This section does not apply in the case of a municipal	7020
corporation that supplies such aggregated service to electric load	7021
centers to which its municipal electric utility also supplies a	7022
noncompetitive retail electric service through transmission or	7023
distribution facilities the utility singly or jointly owns or	7024
operates.	7025

Sec. 4929.26.  (A)(1) The legislative authority of a	7026
municipal corporation may adopt an ordinance, or the board of	7027
township trustees of a township or the board of county	7028
commissioners of a county may adopt a resolution, under which, in	7029
accordance with this section and except as otherwise provided in	7030
division (A)(2) of this section, the legislative authority or	7031
board may aggregate automatically, subject to the opt-out	7032
requirements of division (D) of this section, competitive retail	7033
natural gas service for the retail natural gas loads that are	7034
located, respectively, within the municipal corporation, township,	7035
or unincorporated area of the county and for which there is a	7036
choice of supplier of that service as a result of revised	7037
schedules approved under division (C) of section 4929.29 of the	7038
Revised Code, a rule or order adopted or issued by the commission	7039
under Chapter 4905. of the Revised Code, or an exemption granted	7040
by the commission under sections 4929.04 to 4929.08 of the Revised	7041
Code. An ordinance or a resolution adopted under this section	7042
shall expressly state that it is adopted pursuant to the authority	7043
conferred by this section. The legislative authority or board also	7044
may exercise its authority under this section jointly with any	7045
other such legislative authority or board. For the purpose of the	7046
aggregation, the legislative authority or board may enter into	7047
service agreements to facilitate the sale and purchase of the	7048
service for the retail natural gas loads.	7049

(2)(a) No aggregation under an ordinance or resolution	7050
adopted under division (A)(1) of this section shall include the	7051
retail natural gas load of any person that meets any of the	7052
following criteria:	7053

(i) The person is both a distribution service customer and a	7054
mercantile customer on the date of commencement of service to the	7055
aggregated load, or the person becomes a distribution service	7056
customer after that date and also is a mercantile customer.	7057

(ii) The person is supplied with commodity sales service	7058
pursuant to a contract with a retail natural gas supplier that is	7059
in effect on the effective date of the ordinance or resolution.	7060

(iii) The person is supplied with commodity sales service as	7061
part of a retail natural gas load aggregation provided for	7062
pursuant to a rule or order adopted or issued by the commission	7063
under this chapter or Chapter 4905. of the Revised Code.	7064

(b) Nothing in division (A)(2)(a) of this section precludes a	7065
governmental aggregation under this section from permitting the	7066
retail natural gas load of a person described in division	7067
(A)(2)(a) of this section from being included in the aggregation	7068
upon the expiration of any contract or aggregation as described in	7069
division (A)(2)(a)(ii) or (iii) of this section or upon the person	7070
no longer being a customer as described in division (A)(2)(a)(i)	7071
of this section or qualifying to be included in an aggregation	7072
described under division (A)(2)(a)(iii) of this section.	7073

(B) An ordinance or resolution adopted under division (A) of	7074
this section shall direct the board of elections to submit the	7075
question of the authority to aggregate to the electors of the	7076
respective municipal corporation, township, or unincorporated area	7077
of a county at a special election on the day of the next primary	7078
or general election in the municipal corporation, township, or	7079
county. The legislative authority or board shall certify a copy of	7080
the ordinance or resolution to the board of elections not less	7081
than seventy-five days before the day of the special election. No	7082
ordinance or resolution adopted under division (A) of this section	7083
that provides for an election under this division shall take	7084
effect unless approved by a majority of the electors voting upon	7085
the ordinance or resolution at the election held pursuant to this	7086
division.	7087

(C) Upon the applicable requisite authority under divisions	7088
(A) and (B) of this section, the legislative authority or board	7089
shall develop a plan of operation and governance for the	7090
aggregation program so authorized. Before adopting a plan under	7091
this division, the legislative authority or board shall hold at	7092
least two public hearings on the plan. Before the first hearing,	7093
the legislative authority or board shall publish notice of the	7094
hearings once a week for two consecutive weeks in a newspaper of	7095
general circulation in the jurisdiction. The notice shall	7096
summarize the plan and state the date, time, and location of each	7097
hearing.	7098

(D) No legislative authority or board, pursuant to an	7099
ordinance or resolution under divisions (A) and (B) of this	7100
section, shall aggregate any retail natural gas load located	7101
within its jurisdiction unless it in advance clearly discloses to	7102
the person whose retail natural gas load is to be so aggregated	7103
that the person will be enrolled automatically in the aggregation	7104
and will remain so enrolled unless the person affirmatively elects	7105
by a stated procedure not to be so enrolled. The disclosure shall	7106
state prominently the rates, charges, and other terms and	7107
conditions of enrollment. The stated procedure shall allow any	7108
person enrolled in the aggregation the opportunity to opt out of	7109
the aggregation every two years, without paying a switching fee.	7110
Any such person that opts out of the aggregation pursuant to the	7111
stated procedure shall default to the natural gas company	7112
providing distribution service for the person's retail natural gas	7113
load, until the person chooses an alternative supplier.	7114

(E)(1) With respect to a governmental aggregation for a	7115
municipal corporation that is authorized pursuant to divisions (A)	7116
to (D) of this section, resolutions may be proposed by initiative	7117
or referendum petitions in accordance with sections 731.28 to	7118
731.41 of the Revised Code.	7119

(2) With respect to a governmental aggregation for a township	7120
or the unincorporated area of a county, which aggregation is	7121
authorized pursuant to divisions (A) to (D) of this section,	7122
resolutions may be proposed by initiative or referendum petitions	7123
in accordance with sections 731.28 to 731.40 of the Revised Code,	7124
except that:	7125

(a) The petitions shall be filed, respectively, with the	7126
township clerkfiscal officer or the board of county	7127
commissioners, who shall perform those duties imposed under those	7128
sections upon the city auditor or village clerk.	7129

(b) The petitions shall contain the signatures of not less	7130
than ten per cent of the total number of electors in the township	7131
or the unincorporated area of the county, respectively, who voted	7132
for the office of governor at the preceding general election for	7133
that office in that area.	7134

(F) A governmental aggregator under division (A) of this	7135
section is not a public utility engaging in the wholesale purchase	7136
and resale of natural gas, and provision of the aggregated service	7137
is not a wholesale utility transaction. A governmental aggregator	7138
shall be subject to supervision and regulation by the public	7139
utilities commission only to the extent of any competitive retail	7140
natural gas service it provides and commission authority under	7141
this chapter.	7142

Sec. 4929.27.  (A)(1) The legislative authority of a	7143
municipal corporation may adopt an ordinance, or the board of	7144
township trustees of a township or the board of county	7145
commissioners of a county may adopt a resolution, under which, in	7146
accordance with this section and except as otherwise provided in	7147
division (A)(2) of this section, the legislative authority or	7148
board may aggregate, with the prior consent of each person whose	7149
retail natural gas load is proposed to be aggregated, competitive	7150
retail natural gas service for any such retail natural gas load	7151
that is located, respectively, within the municipal corporation,	7152
township, or unincorporated area of the county and for which there	7153
is a choice of supplier of that service as a result of revised	7154
schedules approved under division (C) of section 4929.29 of the	7155
Revised Code, a rule or order adopted or issued by the commission	7156
under Chapter 4905. of the Revised Code, or an exemption granted	7157
by the commission under sections 4929.04 to 4929.08 of the Revised	7158
Code. An ordinance or a resolution adopted under this section	7159
shall expressly state that it is adopted pursuant to the authority	7160
conferred by this section. The legislative authority or board also	7161
may exercise such authority jointly with any other such	7162
legislative authority or board. For the purpose of the	7163
aggregation, the legislative authority or board may enter into	7164
service agreements to facilitate the sale and purchase of the	7165
service for the retail natural gas loads.	7166

(2)(a) No aggregation under an ordinance or resolution	7167
adopted under division (A)(1) of this section shall include the	7168
retail natural gas load of any person that meets either of the	7169
following criteria:	7170

(i) The person is supplied with commodity sales service	7171
pursuant to a contract with a retail natural gas supplier that is	7172
in effect on the effective date of the ordinance or resolution.	7173

(ii) The person is supplied with commodity sales service as	7174
part of a retail natural gas load aggregation provided for	7175
pursuant to a rule or order adopted or issued by the commission	7176
under this chapter or Chapter 4905. of the Revised Code.	7177

(b) Nothing in division (A)(2)(a) of this section precludes a	7178
governmental aggregation under this section from permitting the	7179
retail natural gas load of a person described in division	7180
(A)(2)(a) of this section from being included in the aggregation	7181
upon the expiration of any contract or aggregation as described in	7182
division (A)(2)(a)(i) or (ii) of this section or upon the person	7183
no longer qualifying to be included in such an aggregation.	7184

(B) Upon the applicable requisite authority under division	7185
(A) of this section, the legislative authority or board shall	7186
develop a plan of operation and governance for the aggregation	7187
program so authorized. Before adopting a plan under this division,	7188
the legislative authority or board shall hold at least two public	7189
hearings on the plan. Before the first hearing, the legislative	7190
authority or board shall publish notice of the hearings once a	7191
week for two consecutive weeks in a newspaper of general	7192
circulation in the jurisdiction. The notice shall summarize the	7193
plan and state the date, time, and location of each hearing.	7194

(C)(1) With respect to a governmental aggregation for a	7195
municipal corporation that is authorized pursuant to division (A)	7196
of this section, resolutions may be proposed by initiative or	7197
referendum petitions in accordance with sections 731.28 to 731.41	7198
of the Revised Code.	7199

(2) With respect to a governmental aggregation for a township	7200
or the unincorporated area of a county, which aggregation is	7201
authorized pursuant to division (A) of this section, resolutions	7202
may be proposed by initiative or referendum petitions in	7203
accordance with sections 731.28 to 731.40 of the Revised Code,	7204
except that:	7205

(a) The petitions shall be filed, respectively, with the	7206
township clerkfiscal officer or the board of county	7207
commissioners, who shall perform those duties imposed under those	7208
sections upon the city auditor or village clerk.	7209

(b) The petitions shall contain the signatures of not less	7210
than ten per cent of the total number of electors in the township	7211
or the unincorporated area of the county, respectively, who voted	7212
for the office of governor at the preceding general election for	7213
that office in that area.	7214

(D) A governmental aggregator under division (A) of this	7215
section is not a public utility engaging in the wholesale purchase	7216
and resale of natural gas, and provision of the aggregated service	7217
is not a wholesale utility transaction. A governmental aggregator	7218
shall be subject to supervision and regulation by the public	7219
utilities commission only to the extent of any competitive retail	7220
natural gas service it provides and commission authority under	7221
this chapter.	7222

Sec. 5123.19.  (A) As used in this section and in sections	7223
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	7224
Code:	7225

(1)(a) "Residential facility" means a home or facility in	7226
which a mentally retarded or developmentally disabled person	7227
resides, except the home of a relative or legal guardian in which	7228
a mentally retarded or developmentally disabled person resides, a	7229
respite care home certified under section 5126.05 of the Revised	7230
Code, a county home or district home operated pursuant to Chapter	7231
5155. of the Revised Code, or a dwelling in which the only	7232
mentally retarded or developmentally disabled residents are in an	7233
independent living arrangement or are being provided supported	7234
living.	7235

(b) "Intermediate care facility for the mentally retarded"	7236
means a residential facility that is considered an intermediate	7237
care facility for the mentally retarded for the purposes of	7238
Chapter 5111. of the Revised Code.	7239

(2) "Political subdivision" means a municipal corporation,	7240
county, or township.	7241

(3) "Independent living arrangement" means an arrangement in	7242
which a mentally retarded or developmentally disabled person	7243
resides in an individualized setting chosen by the person or the	7244
person's guardian, which is not dedicated principally to the	7245
provision of residential services for mentally retarded or	7246
developmentally disabled persons, and for which no financial	7247
support is received for rendering such service from any	7248
governmental agency by a provider of residential services.	7249

(4) "Supported living" has the same meaning as in section	7250
5126.01 of the Revised Code.	7251

(5) "Licensee" means the person or government agency that has	7252
applied for a license to operate a residential facility and to	7253
which the license was issued under this section.	7254

(B) Every person or government agency desiring to operate a	7255
residential facility shall apply for licensure of the facility to	7256
the director of mental retardation and developmental disabilities	7257
unless the residential facility is subject to section 3721.02,	7258
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	7259
Chapter 3721. of the Revised Code, a nursing home that is	7260
certified as an intermediate care facility for the mentally	7261
retarded under Title XIX of the "Social Security Act," 79 Stat.	7262
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	7263
licensure of the portion of the home that is certified as an	7264
intermediate care facility for the mentally retarded.	7265

(C) Subject to section 5123.196 of the Revised Code, the	7266
director of mental retardation and developmental disabilities	7267
shall license the operation of residential facilities. An initial	7268
license shall be issued for a period that does not exceed one	7269
year, unless the director denies the license under division (D) of	7270
this section. A license shall be renewed for a period that does	7271
not exceed three years, unless the director refuses to renew the	7272
license under division (D) of this section. The director, when	7273
issuing or renewing a license, shall specify the period for which	7274
the license is being issued or renewed. A license remains valid	7275
for the length of the licensing period specified by the director,	7276
unless the license is terminated, revoked, or voluntarily	7277
surrendered.	7278

(D) If it is determined that an applicant or licensee is not	7279
in compliance with a provision of this chapter that applies to	7280
residential facilities or the rules adopted under such a	7281
provision, the director may deny issuance of a license, refuse to	7282
renew a license, terminate a license, revoke a license, issue an	7283
order for the suspension of admissions to a facility, issue an	7284
order for the placement of a monitor at a facility, issue an order	7285
for the immediate removal of residents, or take any other action	7286
the director considers necessary consistent with the director's	7287
authority under this chapter regarding residential facilities. In	7288
the director's selection and administration of the sanction to be	7289
imposed, all of the following apply:	7290

(1) The director may deny, refuse to renew, or revoke a	7291
license, if the director determines that the applicant or licensee	7292
has demonstrated a pattern of serious noncompliance or that a	7293
violation creates a substantial risk to the health and safety of	7294
residents of a residential facility.	7295

(2) The director may terminate a license if more than twelve	7296
consecutive months have elapsed since the residential facility was	7297
last occupied by a resident or a notice required by division (J)	7298
of this section is not given.	7299

(3) The director may issue an order for the suspension of	7300
admissions to a facility for any violation that may result in	7301
sanctions under division (D)(1) of this section and for any other	7302
violation specified in rules adopted under division (G)(2) of this	7303
section. If the suspension of admissions is imposed for a	7304
violation that may result in sanctions under division (D)(1) of	7305
this section, the director may impose the suspension before	7306
providing an opportunity for an adjudication under Chapter 119. of	7307
the Revised Code. The director shall lift an order for the	7308
suspension of admissions when the director determines that the	7309
violation that formed the basis for the order has been corrected.	7310

(4) The director may order the placement of a monitor at a	7311
residential facility for any violation specified in rules adopted	7312
under division (G)(2) of this section. The director shall lift the	7313
order when the director determines that the violation that formed	7314
the basis for the order has been corrected.	7315

(5) If the director determines that two or more residential	7316
facilities owned or operated by the same person or government	7317
entity are not being operated in compliance with a provision of	7318
this chapter that applies to residential facilities or the rules	7319
adopted under such a provision, and the director's findings are	7320
based on the same or a substantially similar action, practice,	7321
circumstance, or incident that creates a substantial risk to the	7322
health and safety of the residents, the director shall conduct a	7323
survey as soon as practicable at each residential facility owned	7324
or operated by that person or government entity. The director may	7325
take any action authorized by this section with respect to any	7326
facility found to be operating in violation of a provision of this	7327
chapter that applies to residential facilities or the rules	7328
adopted under such a provision.	7329

(6) When the director initiates license revocation	7330
proceedings, no opportunity for submitting a plan of correction	7331
shall be given. The director shall notify the licensee by letter	7332
of the initiation of suchthe proceedings. The letter shall list	7333
the deficiencies of the residential facility and inform the	7334
licensee that no plan of correction will be accepted. The director	7335
shall also notify each affected resident, the resident's guardian	7336
if the resident is an adult for whom a guardian has been	7337
appointed, the resident's parent or guardian if the resident is a	7338
minor, and the county board of mental retardation and	7339
developmental disabilities.	7340

(7) Pursuant to rules which shall be adopted in accordance	7341
with Chapter 119. of the Revised Code, the director may order the	7342
immediate removal of residents from a residential facility	7343
whenever conditions at the facility present an immediate danger of	7344
physical or psychological harm to the residents.	7345

(8) In determining whether a residential facility is being	7346
operated in compliance with a provision of this chapter that	7347
applies to residential facilities or the rules adopted under such	7348
a provision, or whether conditions at a residential facility	7349
present an immediate danger of physical or psychological harm to	7350
the residents, the director may rely on information obtained by a	7351
county board of mental retardation and developmental disabilities	7352
or other governmental agencies.	7353

(9) In proceedings initiated to deny, refuse to renew, or	7354
revoke licenses, the director may deny, refuse to renew, or revoke	7355
a license regardless of whether some or all of the deficiencies	7356
that prompted the proceedings have been corrected at the time of	7357
the hearing.	7358

(E) The director shall establish a program under which public	7359
notification may be made when the director has initiated license	7360
revocation proceedings or has issued an order for the suspension	7361
of admissions, placement of a monitor, or removal of residents.	7362
The director shall adopt rules in accordance with Chapter 119. of	7363
the Revised Code to implement this division. The rules shall	7364
establish the procedures by which the public notification will be	7365
made and specify the circumstances for which the notification must	7366
be made. The rules shall require that public notification be made	7367
if the director has taken action against the facility in the	7368
eighteen-month period immediately preceding the director's latest	7369
action against the facility and the latest action is being taken	7370
for the same or a substantially similar violation of a provision	7371
of this chapter that applies to residential facilities or the	7372
rules adopted under such a provision. The rules shall specify a	7373
method for removing or amending the public notification if the	7374
director's action is found to have been unjustified or the	7375
violation at the residential facility has been corrected.	7376

(F)(1) Except as provided in division (F)(2) of this section,	7377
appeals from proceedings initiated to impose a sanction under	7378
division (D) of this section shall be conducted in accordance with	7379
Chapter 119. of the Revised Code.	7380

(2) Appeals from proceedings initiated to order the	7381
suspension of admissions to a facility shall be conducted in	7382
accordance with Chapter 119. of the Revised Code, unless the order	7383
was issued before providing an opportunity for an adjudication, in	7384
which case all of the following apply:	7385

(a) The licensee may request a hearing not later than ten	7386
days after receiving the notice specified in section 119.07 of the	7387
Revised Code.	7388

(b) If a timely request for a hearing is made, the hearing	7389
shall commence not later than thirty days after the department	7390
receives the request.	7391

(c) After commencing, the hearing shall continue	7392
uninterrupted, except for Saturdays, Sundays, and legal holidays,	7393
unless other interruptions are agreed to by the licensee and the	7394
director.	7395

(d) If the hearing is conducted by a hearing examiner, the	7396
hearing examiner shall file a report and recommendations not later	7397
than ten days after the close of the hearing.	7398

(e) Not later than five days after the hearing examiner files	7399
the report and recommendations, the licensee may file objections	7400
to the report and recommendations.	7401

(f) Not later than fifteen days after the hearing examiner	7402
files the report and recommendations, the director shall issue an	7403
order approving, modifying, or disapproving the report and	7404
recommendations.	7405

(g) Notwithstanding the pendency of the hearing, the director	7406
shall lift the order for the suspension of admissions when the	7407
director determines that the violation that formed the basis for	7408
the order has been corrected.	7409

(G) In accordance with Chapter 119. of the Revised Code, the	7410
director shall adopt and may amend and rescind rules for licensing	7411
and regulating the operation of residential facilities, including	7412
intermediate care facilities for the mentally retarded. The rules	7413
for intermediate care facilities for the mentally retarded may	7414
differ from those for other residential facilities. The rules	7415
shall establish and specify the following:	7416

(1) Procedures and criteria for issuing and renewing	7417
licenses, including procedures and criteria for determining the	7418
length of the licensing period that the director must specify for	7419
each license when it is issued or renewed;	7420

(2) Procedures and criteria for denying, refusing to renew,	7421
terminating, and revoking licenses and for ordering the suspension	7422
of admissions to a facility, placement of a monitor at a facility,	7423
and the immediate removal of residents from a facility;	7424

(3) Fees for issuing and renewing licenses;

7425

(4) Procedures for surveying residential facilities;

7426

(5) Requirements for the training of residential facility	7427
personnel;	7428

(6) Classifications for the various types of residential	7429
facilities;	7430

(7) Certification procedures for licensees and management	7431
contractors that the director determines are necessary to ensure	7432
that they have the skills and qualifications to properly operate	7433
or manage residential facilities;	7434

(8) The maximum number of persons who may be served in a	7435
particular type of residential facility;	7436

(9) Uniform procedures for admission of persons to and	7437
transfers and discharges of persons from residential facilities;	7438

(10) Other standards for the operation of residential	7439
facilities and the services provided at residential facilities;	7440

(11) Procedures for waiving any provision of any rule adopted	7441
under this section.	7442

(H) Before issuing a license, the director of the department	7443
or the director's designee shall conduct a survey of the	7444
residential facility for which application is made. The director	7445
or the director's designee shall conduct a survey of each licensed	7446
residential facility at least once during the period the license	7447
is valid and may conduct additional inspections as needed. A	7448
survey includes but is not limited to an on-site examination and	7449
evaluation of the residential facility, its personnel, and the	7450
services provided there.	7451

In conducting surveys, the director or the director's	7452
designee shall be given access to the residential facility; all	7453
records, accounts, and any other documents related to the	7454
operation of the facility; the licensee; the residents of the	7455
facility; and all persons acting on behalf of, under the control	7456
of, or in connection with the licensee. The licensee and all	7457
persons on behalf of, under the control of, or in connection with	7458
the licensee shall cooperate with the director or the director's	7459
designee in conducting the survey.	7460

Following each survey, unless the director initiates a	7461
license revocation proceeding, the director or the director's	7462
designee shall provide the licensee with a report listing any	7463
deficiencies, specifying a timetable within which the licensee	7464
shall submit a plan of correction describing how the deficiencies	7465
will be corrected, and, when appropriate, specifying a timetable	7466
within which the licensee must correct the deficiencies. After a	7467
plan of correction is submitted, the director or the director's	7468
designee shall approve or disapprove the plan. A copy of the	7469
report and any approved plan of correction shall be provided to	7470
any person who requests it.	7471

The director shall initiate disciplinary action against any	7472
department employee who notifies or causes the notification to any	7473
unauthorized person of an unannounced survey of a residential	7474
facility by an authorized representative of the department.	7475

(I) In addition to any other information which may be	7476
required of applicants for a license pursuant to this section, the	7477
director shall require each applicant to provide a copy of an	7478
approved plan for a proposed residential facility pursuant to	7479
section 5123.042 of the Revised Code. This division does not apply	7480
to renewal of a license.	7481

(J) A licensee shall notify the owner of the building in	7482
which the licensee's residential facility is located of any	7483
significant change in the identity of the licensee or management	7484
contractor before the effective date of the change if the licensee	7485
is not the owner of the building.	7486

Pursuant to rules which shall be adopted in accordance with	7487
Chapter 119. of the Revised Code, the director may require	7488
notification to the department of any significant change in the	7489
ownership of a residential facility or in the identity of the	7490
licensee or management contractor. If the director determines that	7491
a significant change of ownership is proposed, the director shall	7492
consider the proposed change to be an application for development	7493
by a new operator pursuant to section 5123.042 of the Revised Code	7494
and shall advise the applicant within sixty days of suchthe	7495
notification that the current license shall continue in effect or	7496
a new license will be required pursuant to this section. If the	7497
director requires a new license, the director shall permit the	7498
facility to continue to operate under the current license until	7499
the new license is issued, unless the current license is revoked,	7500
refused to be renewed, or terminated in accordance with Chapter	7501
119. of the Revised Code.	7502

(K) A county board of mental retardation and developmental	7503
disabilities, the legal rights service, and any interested person	7504
may file complaints alleging violations of statute or department	7505
rule relating to residential facilities with the department. All	7506
complaints shall be in writing and shall state the facts	7507
constituting the basis of the allegation. The department shall not	7508
reveal the source of any complaint unless the complainant agrees	7509
in writing to waive the right to confidentiality or until so	7510
ordered by a court of competent jurisdiction.	7511

The department shall adopt rules in accordance with Chapter	7512
119. of the Revised Code establishing procedures for the receipt,	7513
referral, investigation, and disposition of complaints filed with	7514
the department under this division.	7515

(L) The department shall establish procedures for the	7516
notification of interested parties of the transfer or interim care	7517
of residents from residential facilities that are closing or are	7518
losing their license.	7519

(M) Before issuing a license under this section to a	7520
residential facility that will accommodate at any time more than	7521
one mentally retarded or developmentally disabled individual, the	7522
director shall, by first class mail, notify the following:	7523

(1) If the facility will be located in a municipal	7524
corporation, the clerk of the legislative authority of the	7525
municipal corporation;	7526

(2) If the facility will be located in unincorporated	7527
territory, the clerk of the appropriate board of county	7528
commissioners and the clerkfiscal officer of the appropriate	7529
board of township trustees.	7530

The director shall not issue the license for ten days after	7531
mailing the notice, excluding Saturdays, Sundays, and legal	7532
holidays, in order to give the notified local officials time in	7533
which to comment on the proposed issuance.	7534

Any legislative authority of a municipal corporation, board	7535
of county commissioners, or board of township trustees that	7536
receives notice under this division of the proposed issuance of a	7537
license for a residential facility may comment on it in writing to	7538
the director within ten days after the director mailed the notice,	7539
excluding Saturdays, Sundays, and legal holidays. If the director	7540
receives written comments from any notified officials within the	7541
specified time, the director shall make written findings	7542
concerning the comments and the director's decision on the	7543
issuance of the license. If the director does not receive written	7544
comments from any notified local officials within the specified	7545
time, the director shall continue the process for issuance of the	7546
license.	7547

(N) Any person may operate a licensed residential facility	7548
that provides room and board, personal care, habilitation	7549
services, and supervision in a family setting for at least six but	7550
not more than eight persons with mental retardation or a	7551
developmental disability as a permitted use in any residential	7552
district or zone, including any single-family residential district	7553
or zone, of any political subdivision. These residential	7554
facilities may be required to comply with area, height, yard, and	7555
architectural compatibility requirements that are uniformly	7556
imposed upon all single-family residences within the district or	7557
zone.	7558

(O) Any person may operate a licensed residential facility	7559
that provides room and board, personal care, habilitation	7560
services, and supervision in a family setting for at least nine	7561
but not more than sixteen persons with mental retardation or a	7562
developmental disability as a permitted use in any multiple-family	7563
residential district or zone of any political subdivision, except	7564
that a political subdivision that has enacted a zoning ordinance	7565
or resolution establishing planned unit development districts may	7566
exclude these residential facilities from suchthose districts,	7567
and a political subdivision that has enacted a zoning ordinance or	7568
resolution may regulate these residential facilities in	7569
multiple-family residential districts or zones as a conditionally	7570
permitted use or special exception, in either case, under	7571
reasonable and specific standards and conditions set out in the	7572
zoning ordinance or resolution to:	7573

(1) Require the architectural design and site layout of the	7574
residential facility and the location, nature, and height of any	7575
walls, screens, and fences to be compatible with adjoining land	7576
uses and the residential character of the neighborhood;	7577

(2) Require compliance with yard, parking, and sign	7578
regulation;	7579

(3) Limit excessive concentration of these residential	7580
facilities.	7581

(P) This section does not prohibit a political subdivision	7582
from applying to residential facilities nondiscriminatory	7583
regulations requiring compliance with health, fire, and safety	7584
regulations and building standards and regulations.	7585

(Q) Divisions (N) and (O) of this section are not applicable	7586
to municipal corporations that had in effect on June 15, 1977, an	7587
ordinance specifically permitting in residential zones licensed	7588
residential facilities by means of permitted uses, conditional	7589
uses, or special exception, so long as such ordinance remains in	7590
effect without any substantive modification.	7591

(R)(1) The director may issue an interim license to operate a	7592
residential facility to an applicant for a license under this	7593
section if either of the following is the case:	7594

(a) The director determines that an emergency exists	7595
requiring immediate placement of persons in a residential	7596
facility, that insufficient licensed beds are available, and that	7597
the residential facility is likely to receive a permanent license	7598
under this section within thirty days after issuance of the	7599
interim license.	7600

(b) The director determines that the issuance of an interim	7601
license is necessary to meet a temporary need for a residential	7602
facility.	7603

(2) To be eligible to receive an interim license, an	7604
applicant must meet the same criteria that must be met to receive	7605
a permanent license under this section, except for any differing	7606
procedures and time frames that may apply to issuance of a	7607
permanent license.	7608

(3) An interim license shall be valid for thirty days and may	7609
be renewed by the director for a period not to exceed one hundred	7610
fifty days.	7611

(4) The director shall adopt rules in accordance with Chapter	7612
119. of the Revised Code as the director considers necessary to	7613
administer the issuance of interim licenses.	7614

(S) Notwithstanding rules adopted pursuant to this section	7615
establishing the maximum number of persons who may be served in a	7616
particular type of residential facility, a residential facility	7617
shall be permitted to serve the same number of persons being	7618
served by the facility on the effective date of suchthe rules or	7619
the number of persons for which the facility is authorized	7620
pursuant to a current application for a certificate of need with a	7621
letter of support from the department of mental retardation and	7622
developmental disabilities and which is in the review process	7623
prior to April 4, 1986.	7624

(T) The director or the director's designee may enter at any	7625
time, for purposes of investigation, any home, facility, or other	7626
structure that has been reported to the director or that the	7627
director has reasonable cause to believe is being operated as a	7628
residential facility without a license issued under this section.	7629

The director may petition the court of common pleas of the	7630
county in which an unlicensed residential facility is located for	7631
an order enjoining the person or governmental agency operating the	7632
facility from continuing to operate without a license. The court	7633
may grant the injunction on a showing that the person or	7634
governmental agency named in the petition is operating a	7635
residential facility without a license. The court may grant the	7636
injunction, regardless of whether the residential facility meets	7637
the requirements for receiving a license under this section.	7638

Sec. 5126.021.  As used in this section, "immediate family"	7639
means parents, brothers, sisters, spouses, sons, daughters,	7640
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law,	7641
sons-in-law, and daughters-in-law.	7642

(A) The following individuals shall not serve as members of	7643
county boards of mental retardation and developmental	7644
disabilities:	7645

(1) Elected public officials, except for township trustees,	7646
township clerksfiscal officers, and those excluded from the	7647
definition of public official or employee in division (B) of	7648
section 102.01 of the Revised Code;	7649

(2) Members of the immediate family of another board member;

7650

(3) Board employees and members of the immediate family of	7651
board employees;	7652

(4) Former board employees within one calendar year of the	7653
termination of employment with the board on which the former	7654
employee would serve.	7655

(B) A person may not serve as a member of a county board of	7656
mental retardation and developmental disabilities when either the	7657
person or a member of the person's immediate family is a board	7658
member of a contract agency of that county board unless there is	7659
no conflict of interest. In no circumstance shall a member of a	7660
county board vote on any matter before the board concerning a	7661
contract agency of which the member or a member of the member's	7662
immediate family is also a board member or an employee. All	7663
questions relating to the existence of a conflict of interest	7664
shall be submitted to the local prosecuting attorney and the Ohio	7665
ethics commission for resolution.	7666

(C) No employee of an agency contracting with a county board	7667
of mental retardation and developmental disabilities or member of	7668
the immediate family of such an employee shall serve as a board	7669
member or an employee of the county board except that a county	7670
board may, pursuant to a resolution adopted by the board, employ a	7671
member of the immediate family of an employee of an agency	7672
contracting with the board.	7673

(D) No person shall serve as a member or employee of a county	7674
board of mental retardation and developmental disabilities if a	7675
member of the person's immediate family serves as a county	7676
commissioner of the county served by the board unless the person	7677
was a member or employee prior to October 31, 1980.	7678

(E) A county board of mental retardation and developmental	7679
disabilities shall not contract with an agency whose board	7680
includes a county commissioner of the county served by the county	7681
board.	7682

(F) Notwithstanding any provision of the Revised Code to the	7683
contrary, including applicable provisions of sections 102.03,	7684
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	7685
county board of mental retardation and developmental disabilities	7686
also may be a member of the governing board of an agency or a	7687
political subdivision, including the board of education of a	7688
school district. The county board of mental retardation and	7689
developmental disabilities may contract with the governing board	7690
of an agency or political subdivision whose member is also an	7691
employee of the county board, provided that in no circumstances	7692
shall such employee of the county board vote on any matter before	7693
the governing board of the agency or political subdivision	7694
concerning a county board contract or participate in any	7695
discussion or debate regarding that contract.	7696

Sec. 5541.02.  The board of county commissioners shall	7697
determine, from the statistics and information furnished by the	7698
several boards of township trustees within suchthe county, the	7699
relative importance and value for traffic of the various public	7700
highways of the entire county. SuchThe board of county	7701
commissioners shall begin work as soon as the necessary	7702
information is furnished by the several boards of township	7703
trustees within the county, and, after a careful review and	7704
consideration of the information furnished, shall select and	7705
designate a connected system of county highways, of suchthe	7706
mileage as it deems proper and expedient, connecting with the	7707
intercounty and state highways of suchthe county all of the	7708
villages and centers of rural population within the county. Such	7709
The system of highways, when selected and designated by the board	7710
of county commissioners, shall be known as the system of county	7711
highways of the county, and all of the roads composing suchthe	7712
system shall be known and designated as county roads. The board of	7713
county commissioners may call to its assistance the county	7714
engineer, and may require himthe county engineer to report as to	7715
the relative importance of the highways of any township, with	7716
respect to which the board of township trustees fails to report	7717
within a reasonable time. Upon the completion of its investigation	7718
and the designation of a system of county highways, the board of	7719
county commissioners shall require the engineer to make a map	7720
thereofof it. A copy of this map, with the mileage of the	7721
selected roads indicated thereonon it, together with a brief	7722
statement by the board of county commissioners of its reasons for	7723
the selection made, shall be transmitted to the director of	7724
transportation.	7725

If the director finds that the system has been designated in	7726
substantial compliance with this section and section 5541.03	7727
5541.01 of the Revised Code, and that all portions of the system	7728
of county highways connect with either a state or intercounty	7729
highway, or another county road, hethe director shall, within	7730
sixty days, approve suchthe system and certify histhe approval	7731
to the board of county commissioners, which shall cause a copy of	7732
suchthe map, approved by it, to be made a part of its records and	7733
shall cause a copy thereofof it to be filed in the office of the	7734
county engineer and of the clerkfiscal officer of each township	7735
within the county. The system of roads designated upon suchthe	7736
map shall then become the system of county roads of the county.	7737
Each road constituting a part of suchthe system shall be given a	7738
number by the board of county commissioners, which may also divide	7739
the roads into convenient sections and assign appropriate	7740
designations to each section. No state or intercounty highway or	7741
part thereofof it shall be included in the system of county	7742
highways. The board of county commissioners may make changes in or	7743
additions to the county system as in the manner provided by this	7744
section. All expenses incurred in carrying out this section shall	7745
be paid from the general county road fund.	7746

Sec. 5543.05.  The county auditor shall, before he draws his	7747
drawing a warrant for any moneys expended by the county on any	7748
highways, other than intercounty or state highways, or on any	7749
bridges or culverts on suchthe highways, require of the county	7750
engineer the assignment of suchthe expense to the roadhighway	7751
and section thereofof it, bridge, or culvert in connection with	7752
which suchthe expense was incurred. The auditor shall keep such	7753
records as are necessary to show clearly at the close of each year	7754
the amount of money expended from the county treasury on each	7755
section of roadhighway, other than intercounty or state highways,	7756
and on each bridge and culvert on such roadsthe highways.	7757

The township clerkfiscal officer shall, before he draws	7758
drawing any warrant for money expended upon any road within the	7759
township, other than an intercounty or state highway, or on	7760
bridges or culverts on suchthe roads, require of the county	7761
engineer or board of township trustees the assignment of suchthe	7762
expense to the road, and section of it, bridge, or culvert in	7763
connection with which the expense was incurred. The clerkfiscal	7764
officer may keep such additional records as are necessary to show	7765
clearly at the close of each year the amount of money expended	7766
from the township funds on each section of road, other than	7767
intercounty or state highways, within the township, and on each	7768
bridge and culvert on suchthe roads. The board of township	7769
trustees may require the clerkfiscal officer to keep suchthose	7770
additional records.	7771

When general equipment or material for use in the entire	7772
county or township is purchased, the expense thereofof the	7773
equipment or material need not be assigned to any section of road	7774
or to any bridge or culvert, but, so farinsofar as practicable,	7775
all items of expense shall be assigned to the specific section of	7776
road or to the particular bridge or culvert in connection with	7777
which they were incurred.	7778

The director of transportation may prescribe all necessary	7779
and proper forms for maps and reports to be maintained by	7780
engineers, boards, auditors, and clerksfiscal officers. All	7781
auditors and clerksfiscal officers may be required by the	7782
director to transmit to himthe director, in suchthe form as he	7783
the director prescribes, the cost records they are required by law	7784
to keep pertaining to roads, bridges, and culverts within their	7785
counties or townships.	7786

Sec. 5552.10.  The board of county commissioners shall	7787
designate the county engineer to administer county access	7788
management regulations, except that if the engineer declines to	7789
administer the regulations, the board may designate another	7790
person, or a planning commission, to administer them. If a board	7791
of township trustees adopts access management regulations, the	7792
board may administer the regulations or may appoint the township	7793
clerkfiscal officer or any other person to administer them, with	7794
the advice of the county engineer.	7795

If the access management regulations apply to a subdivision	7796
and a permit request is filed pertaining to the subdivision, the	7797
county engineer, board of township trustees, planning commission,	7798
or other person administering the regulations shall approve or	7799
disapprove the permit request within the time period for approval	7800
of a subdivision without a plat specified in section 711.131 of	7801
the Revised Code.	7802

Sec. 5571.04.  When the board of township trustees determines	7803
to proceed as provided in division (C) of section 5571.02 of the	7804
Revised Code and appoints a highway superintendent, hethe	7805
superintendent shall, before entering upon the discharge of his	7806
dutythe official duties of superintendent, give bond to the	7807
state, for the use of the township, in the sum of two thousand	7808
dollars, conditioned upon the faithful performance of his dutythe	7809
official duties of superintendent. SuchThe bond shall be approved	7810
by the board of township trustees, and filed with the township	7811
clerkfiscal officer. The board of township trustees shall fix the	7812
compensation of the superintendent, which compensation shall be	7813
paid from the township road fund. The compensation and all proper	7814
and necessary expenses, when approved by the board of township	7815
trustees, shall be paid by the township clerkfiscal officer upon	7816
histhe fiscal officer's warrant.	7817

Sec. 5571.16.  The board of township trustees, by resolution,	7818
may require any person to obtain a permit before installing a	7819
driveway culvert or making any excavation in a township highway or	7820
highway right-of-way within its jurisdiction, except an excavation	7821
to repair, rehabilitate, or replace a pole already installed for	7822
the purpose of providing electric or telecommunications service.	7823
The board, as a condition to the granting of the permit, may do	7824
any of the following:	7825

(A) Require the applicant to submit plans indicating the	7826
location, size, type, and duration of the culvert or excavation	7827
contemplated;	7828

(B) Specify methods of excavation, refilling, and resurfacing	7829
to be followed;	7830

(C) Require the use of warning devices it considers necessary	7831
to protect travelers on the highway;	7832

(D) Require the applicant to indemnify the township against	7833
liability or damage as the result of the installation of the	7834
culvert or as a result of the excavation;	7835

(E) Require the applicant to post a deposit or bond, with	7836
sureties to the satisfaction of the board, conditioned upon the	7837
performance of all conditions in the permit.	7838

Applications for permits under this section shall be made to	7839
the township clerkfiscal officer upon forms to be furnished by	7840
the board. Applications, including, but not limited to, a single	7841
application for an excavation project to install six or more poles	7842
for the purpose of providing electric or telecommunications	7843
service or to install a pole associated with underground electric	7844
or telecommunications service, shall be accompanied by a fee of	7845
fifty dollars per application, which fee shall be returned to the	7846
applicant if the application is denied. Except as otherwise	7847
provided in this section, no application or fee shall be required	7848
for an excavation project to install five or fewer poles for the	7849
purpose of providing electric or telecommunications service, but	7850
the person making that excavation shall provide verifiable notice	7851
of the excavation to the township clerk at least three business	7852
days prior to the date of the excavation.	7853

No person shall install a driveway culvert or make an	7854
excavation in any township highway or highway right-of-way in	7855
violation of any resolution adopted pursuant to this section,	7856
except that, in the case of an emergency requiring immediate	7857
action to protect the public health, safety, and welfare, an	7858
excavation may be made without first obtaining a permit, if an	7859
application is made at the earliest possible opportunity.	7860

As used in this section, "person" has the same meaning as in	7861
section 1.59 of the Revised Code, and "right-of-way" has the same	7862
meaning as in division (UU)(2) of section 4511.01 of the Revised	7863
Code.	7864

Sec. 5573.13.  The proportion of the compensation, damages,	7865
and costs of any road improvement to be paid by the township shall	7866
be paid out of any road improvement fund available thereforfor	7867
it. For the purpose of providing by taxation a fund for the	7868
payment of the township's proportion of the compensation, damages,	7869
and costs of constructing, reconstructing, resurfacing, or	7870
improving roads under sections 5571.01, 5571.06, 5571.07, 5571.15,	7871
5573.01 to 5573.15, inclusive, and 5575.02 to 5575.09, inclusive,	7872
of the Revised Code, and for the purpose of maintaining,	7873
repairing, or dragging any public road or part thereofof any	7874
public road under their jurisdiction, in the manner provided in	7875
sections 5571.02 to 5571.05, inclusive, 5571.08, 5571.12, 5571.13,	7876
and 5575.01 of the Revised Code, the board of trustees may levy,	7877
annually, a tax not exceeding three mills upon each dollar of the	7878
taxable property of saidthe township. SuchThe levy shall be in	7879
addition to all other levies authorized for township purposes, and	7880
subject only to the limitation on the combined maximum rate for	7881
all taxes now in force. The taxes so authorized shall be placed by	7882
the county auditor upon the tax duplicate, against the taxable	7883
property of the township, and collected by the county treasurer as	7884
other taxes. When collected, suchthe taxes shall be paid to the	7885
township clerkfiscal officer of the township from which they are	7886
collected, and the money so received shall be under the control of	7887
the board of township trustees for the purposes for which the	7888
taxes were levied.	7889

Sec. 5573.211.  The proportion of the compensation, damages,	7890
and costs of any road improvement to be paid by a township road	7891
district shall be paid out of any road improvement fund available	7892
thereforfor it. For the purpose of providing by taxation a fund	7893
for the payment of a township road district's proportion of the	7894
compensation, damages, and costs of constructing, reconstructing,	7895
resurfacing, improving, maintaining, repairing, and dragging	7896
township road district roads, or parts thereofof those roads, the	7897
board of trustees of a township in which a township road district	7898
has been erected as provided in section 5573.21 of the Revised	7899
Code, may levy, annually, a tax not exceeding three mills upon	7900
each dollar of the taxable property of saidthe township road	7901
district. SuchThe levy shall be in addition to all other levies	7902
authorized for township or township road district purposes, and	7903
subject only to the limitation on the combined maximum rate for	7904
all taxes in force. The taxes so authorized shall be placed by the	7905
county auditor upon the tax duplicate, against the taxable	7906
property of saidthe township road district, and collected by the	7907
county treasurer as other taxes. When collected, suchthe taxes	7908
shall be paid to the township clerkfiscal officer of the township	7909
in which suchthe township road district has been erected, and the	7910
money so received shall be under the control of the board of	7911
township trustees for the purposes for which the taxes were	7912
levied.	7913

Sec. 5575.04.  Before entering into a contract, the board of	7914
township trustees shall require a bond indemnifying the township	7915
against damages that may be suffered by failure to perform the	7916
contract according to the contract's provisions thereof, and in	7917
accordance with the specifications for the improvement.	7918

The township clerkfiscal officer shall not draw hisa	7919
warrant in favor of any contractor for estimates, on account of a	7920
contract let under sections 5575.02 and 5575.03 of the Revised	7921
Code, until the affidavit of suchthe contractor, or an officer or	7922
agent in the case of a corporation, that all indebtedness of such	7923
the contractor on account of material incorporated into the work	7924
or delivered on the site of the improvement and labor performed	7925
has been paid, is filed with such clerkthe fiscal officer. In	7926
lieu of suchthe affidavit, the contractor may file the written	7927
consent of all persons who have furnished material, incorporated	7928
into the work or delivered on the site of the improvement, or	7929
performed labor thereonon the improvement, that any estimate then	7930
due may be paid. SuchThe consent shall be accompanied by the	7931
affidavit of the contractor, or an officer or agent in the case of	7932
a corporation, that the consent bears the signatures of all	7933
persons who have furnished material, incorporated in the work or	7934
delivered on the site of the improvement, or performed labor	7935
thereonon the improvement, and have not been paid in full for	7936
suchthe labor or material. This section does not prevent the	7937
payment out of any estimate that is due, upon the assignment by	7938
the contractor to any person who has furnished material for the	7939
work or performed labor thereonon the improvement, of the amount	7940
due for suchthe material or labor.	7941

Sec. 5575.09.  The board of township trustees shall provide	7942
the township clerkfiscal officer with a suitable book in which he	7943
the fiscal officer shall keep a complete record of proceedings for	7944
the construction, reconstruction, resurfacing, or improvement of	7945
public roads. For making suchthe record he, the fiscal officer	7946
shall receive ten cents for each one hundred words, and, for all	7947
other services in connection therewith hewith keeping the record,	7948
the fiscal officer shall receive suchthe reasonable compensation	7949
as is allowed him by the board.	7950

Sec. 5579.08.  All brush, briers, burrs, vines, and noxious	7951
weeds growing along the public highway shall be cut or destroyed	7952
between the first and twentieth days of June, the first and	7953
twentieth days of August, and, if necessary, between the first and	7954
twentieth days of September of each year or whenever necessary to	7955
prevent or eliminate a safety hazard. This work shall be done by	7956
the board of township trustees in its respective township, or by	7957
the township highway superintendent, who may employ the necessary	7958
labor to carry out this section. All expenses incurred shall, when	7959
approved by the board, be paid from the township road fund by the	7960
township clerkfiscal officer, upon histhe fiscal officer's	7961
warrant.	7962

Sec. 5705.01.  As used in this chapter:

7963

(A) "Subdivision" means any county; municipal corporation;	7964
township; township police district; township fire district; joint	7965
fire district; joint ambulance district; joint emergency medical	7966
services district; fire and ambulance district; joint recreation	7967
district; township waste disposal district; township road	7968
district; community college district; technical college district;	7969
detention facility district; a district organized under section	7970
2151.65 of the Revised Code; a combined district organized under	7971
sections 2152.41 and 2151.65 of the Revised Code; a joint-county	7972
alcohol, drug addiction, and mental health service district; a	7973
drainage improvement district created under section 6131.52 of the	7974
Revised Code; a union cemetery district; a county school financing	7975
district; or a city, local, exempted village, cooperative	7976
education, or joint vocational school district.	7977

(B) "Municipal corporation" means all municipal corporations,	7978
including those that have adopted a charter under Article XVIII,	7979
Ohio Constitution.	7980

(C) "Taxing authority" or "bond issuing authority" means, in	7981
the case of any county, the board of county commissioners; in the	7982
case of a municipal corporation, the council or other legislative	7983
authority of the municipal corporation; in the case of a city,	7984
local, exempted village, cooperative education, or joint	7985
vocational school district, the board of education; in the case of	7986
a community college district, the board of trustees of the	7987
district; in the case of a technical college district, the board	7988
of trustees of the district; in the case of a detention facility	7989
district, a district organized under section 2151.65 of the	7990
Revised Code, or a combined district organized under sections	7991
2152.41 and 2151.65 of the Revised Code, the joint board of county	7992
commissioners of the district; in the case of a township, the	7993
board of township trustees; in the case of a joint fire district,	7994
the board of fire district trustees; in the case of a joint	7995
recreation district, the joint recreation district board of	7996
trustees; in the case of a joint-county alcohol, drug addiction,	7997
and mental health service district, the district's board of	7998
alcohol, drug addiction, and mental health services; in the case	7999
of a joint ambulance district or a fire and ambulance district,	8000
the board of trustees of the district; in the case of a union	8001
cemetery district, the legislative authority of the municipal	8002
corporation and the board of township trustees, acting jointly as	8003
described in section 759.341 of the Revised Code; in the case of a	8004
drainage improvement district, the board of county commissioners	8005
of the county in which the drainage district is located; in the	8006
case of a joint emergency medical services district, the joint	8007
board of county commissioners of all counties in which all or any	8008
part of the district lies; and in the case of a township police	8009
district, a township fire district, a township road district, or a	8010
township waste disposal district, the board of township trustees	8011
of the township in which the district is located. "Taxing	8012
authority" also means the educational service center governing	8013
board that serves as the taxing authority of a county school	8014
financing district as provided in section 3311.50 of the Revised	8015
Code.	8016

(D) "Fiscal officer" in the case of a county, means the	8017
county auditor; in the case of a municipal corporation, the city	8018
auditor or village clerk, or suchan officer aswho, by virtue of	8019
the charter, has the duties and functions of the city auditor or	8020
village clerk, except that in the case of a municipal university	8021
the board of directors of which have assumed, in the manner	8022
provided by law, the custody and control of the funds of the	8023
university, the chief accounting officer of the university shall	8024
perform, with respect to the funds, the duties vested in the	8025
fiscal officer of the subdivision by sections 5705.41 and 5705.44	8026
of the Revised Code; in the case of a school district, the	8027
treasurer of the board of education; in the case of a county	8028
school financing district, the treasurer of the educational	8029
service center governing board that serves as the taxing	8030
authority; in the case of a township, the township clerkfiscal	8031
officer; in the case of a joint fire district, the clerk of the	8032
board of fire district trustees; in the case of a joint ambulance	8033
district, the clerk of the board of trustees of the district; in	8034
the case of a joint emergency medical services district, the	8035
person appointed as fiscal officer pursuant to division (D) of	8036
section 307.053 of the Revised Code; in the case of a fire and	8037
ambulance district, the person appointed as fiscal officer	8038
pursuant to division (B) of section 505.375 of the Revised Code;	8039
in the case of a joint recreation district, the person designated	8040
pursuant to section 755.15 of the Revised Code; in the case of a	8041
union cemetery district, the clerk of the municipal corporation	8042
designated in section 759.34 of the Revised Code; in the case of a	8043
children's home district, educational service center, general	8044
health district, joint-county alcohol, drug addiction, and mental	8045
health service district, county library district, detention	8046
facility district, district organized under section 2151.65 of the	8047
Revised Code, a combined district organized under sections	8048
2152.41 and 2151.65 of the Revised Code, or a metropolitan park	8049
district for which no treasurer has been appointed pursuant to	8050
section 1545.07 of the Revised Code, the county auditor of the	8051
county designated by law to act as the auditor of the district; in	8052
the case of a metropolitan park district which has appointed a	8053
treasurer pursuant to section 1545.07 of the Revised Code, that	8054
treasurer; in the case of a drainage improvement district, the	8055
auditor of the county in which the drainage improvement district	8056
is located; and in all other cases, the officer responsible for	8057
keeping the appropriation accounts and drawing warrants for the	8058
expenditure of the moneys of the district or taxing unit.	8059

(E) "Permanent improvement" or "improvement" means any	8060
property, asset, or improvement with an estimated life or	8061
usefulness of five years or more, including land and interests	8062
therein, and reconstructions, enlargements, and extensions thereof	8063
having an estimated life or usefulness of five years or more.	8064

(F) "Current operating expenses" and "current expenses" mean	8065
the lawful expenditures of a subdivision, except those for	8066
permanent improvements, and except payments for interest, sinking	8067
fund, and retirement of bonds, notes, and certificates of	8068
indebtedness of the subdivision.	8069

(G) "Debt charges" means interest, sinking fund, and	8070
retirement charges on bonds, notes, or certificates of	8071
indebtedness.	8072

(H) "Taxing unit" means any subdivision or other governmental	8073
district having authority to levy taxes on the property in the	8074
district or issue bonds that constitute a charge against the	8075
property of the district, including conservancy districts,	8076
metropolitan park districts, sanitary districts, road districts,	8077
and other districts.	8078

(I) "District authority" means any board of directors,	8079
trustees, commissioners, or other officers controlling a district	8080
institution or activity that derives its income or funds from two	8081
or more subdivisions, such as the educational service center, the	8082
trustees of district children's homes, the district board of	8083
health, a joint-county alcohol, drug addiction, and mental health	8084
service district's board of alcohol, drug addiction, and mental	8085
health services, detention facility districts, a joint recreation	8086
district board of trustees, districts organized under section	8087
2151.65 of the Revised Code, combined districts organized under	8088
sections 2152.41 and 2151.65 of the Revised Code, and other such	8089
boards.	8090

(J) "Tax list" and "tax duplicate" mean the general tax lists	8091
and duplicates prescribed by sections 319.28 and 319.29 of the	8092
Revised Code.	8093

(K) "Property" as applied to a tax levy means taxable	8094
property listed on general tax lists and duplicates.	8095

(L) "School library district" means a school district in	8096
which a free public library has been established that is under the	8097
control and management of a board of library trustees as provided	8098
in section 3375.15 of the Revised Code.	8099

Sec. 5709.73.  (A) As used in this section and section	8100
5709.74 of the Revised Code:	8101

(1) "Business day" means a day of the week excluding	8102
Saturday, Sunday, and a legal holiday as defined in section 1.14	8103
of the Revised Code.	8104

(2) "Further improvements" or "improvements" means the	8105
increase in the true value of real property that would first	8106
appear on the tax list and duplicate of real and public utility	8107
property after the effective date of a resolution adopted under	8108
this section were it not for the exemption granted by that	8109
resolution. For purposes of division (B) of this section,	8110
"improvements" do not include any property used or to be used for	8111
residential purposes.	8112

(3) "Housing renovation" means a project carried out for	8113
residential purposes.	8114

(4) "Incentive district" has the same meaning as in section	8115
5709.40 of the Revised Code, except that a blighted area is in the	8116
unincorporated area of a township.	8117

(5) "Project" and "public infrastructure improvement" have	8118
the same meanings as in section 5709.40 of the Revised Code.	8119

(B) A board of township trustees may, by unanimous vote,	8120
adopt a resolution that declares to be a public purpose any public	8121
infrastructure improvements made that are necessary for the	8122
development of certain parcels of land located in the	8123
unincorporated area of the township. Except as otherwise provided	8124
in division (D) of this section, the resolution may exempt from	8125
real property taxation not more than seventy-five per cent of	8126
further improvements to a parcel of land which directly benefits	8127
from suchthe public infrastructure improvements; the percentage	8128
exempted shall not, except as otherwise provided in division (D)	8129
of this section, exceed the estimated percentage of the	8130
incremental demand placed on the public infrastructure	8131
improvements that is directly attributable to the exempted	8132
improvement. For the purposes of this division, a public	8133
infrastructure improvement directly benefits a parcel of land only	8134
if a project on the parcel places direct, additional demand on the	8135
public infrastructure improvement, or, if the public	8136
infrastructure improvement has not yet been constructed, will	8137
place direct, additional demand on the public infrastructure	8138
improvement when completed. The resolution shall specify the	8139
percentage of the further improvements to be exempted.	8140

(C) A board of township trustees may adopt, by unanimous	8141
vote, a resolution creating an incentive district and declaring	8142
improvements to parcels within the district to be a public purpose	8143
and exempt from taxation as provided in this section. The district	8144
shall be located within the unincorporated area of the township	8145
and shall not include any territory that is included within a	8146
district created under division (B) of section 5709.78 of the	8147
Revised Code. The resolution shall delineate the boundary of the	8148
district and specifically identify each parcel within the	8149
district. A district may not include any parcel that is or has	8150
been exempted from taxation under division (B) of this section or	8151
that is or has been within another district created under this	8152
division. A resolution may create more than one such district, and	8153
more than one resolution may be adopted under this division.	8154

Not later than thirty days prior to adopting a resolution	8155
under this division, if the township intends to apply for	8156
exemptions from taxation under section 5709.911 of the Revised	8157
Code on behalf of owners of real property located within the	8158
proposed incentive district, the board shall conduct a public	8159
hearing on the proposed resolution. Not later than thirty days	8160
prior to the public hearing, the board shall give notice of the	8161
public hearing and the proposed resolution by first class mail to	8162
every real property owner whose property is located within the	8163
boundaries of the proposed incentive district that is the subject	8164
of the proposed resolution.	8165

A resolution under this division shall specify the life of	8166
the district and the percentage of the improvements to be exempted	8167
and shall designate the public infrastructure improvements made or	8168
to be made that benefit or serve parcels in the district.	8169

A resolution adopted under this division may authorize the	8170
use of service payments provided for in section 5709.74 of the	8171
Revised Code for the purpose of housing renovations within the	8172
district, provided that the resolution also designates public	8173
infrastructure improvements that benefit or serve the district,	8174
and that a project within the district places real property in use	8175
for commercial or industrial purposes. Service payments may be	8176
used to finance or support loans, deferred loans, and grants to	8177
persons for the purpose of housing renovations within the	8178
district. The resolution shall designate the parcels within the	8179
district that are eligible for housing renovations. The resolution	8180
shall state separately the amount or the percentages of the	8181
expected aggregate service payments that are designated for each	8182
public infrastructure improvement and for the purpose of housing	8183
renovations.	8184

Except with the approval of the board of education of each	8185
city, local, or exempted village school district within the	8186
territory of which the district is or will be located, the life of	8187
a district shall not exceed ten years, and the percentage of	8188
improvements to be exempted shall not exceed seventy-five per	8189
cent. With such approval, the life of a district may be not more	8190
than thirty years, and the percentage of improvements to be	8191
exempted may be not more than one hundred per cent.	8192

Approval of a board of education shall be obtained in the	8193
manner provided in division (D) of this section for exemptions	8194
under division (B) of this section, except that the notice to the	8195
board of education shall delineate the boundaries of the district,	8196
specifically identify each parcel within the district, identify	8197
each anticipated improvement in the district, provide an estimate	8198
of the true value in money of each such improvement, specify the	8199
life of the district and the percentage of improvements that would	8200
be exempted, and indicate the date on which the board of township	8201
trustees intends to adopt the resolution.	8202

A board of township trustees shall not adopt a resolution	8203
under this division after June 30, 2007.	8204

(D) Improvements with respect to a parcel may be exempted	8205
from taxation under division (B) of this section for up to ten	8206
years or, with the approval of the board of education of the city,	8207
local, or exempted village school district within which the parcel	8208
is located, for up to thirty years. The percentage of the	8209
improvements exempted from taxation may, with such approval,	8210
exceed seventy-five per cent, but shall not exceed one hundred per	8211
cent. Not later than forty-five business days prior to adopting a	8212
resolution under this section declaring improvements to be a	8213
public purpose, the board of trustees shall deliver to the board	8214
of education a notice stating its intent to adopt a resolution	8215
making that declaration. The notice shall identify the parcels for	8216
which improvements are to be exempted from taxation, provide an	8217
estimate of the true value in money of the improvements, specify	8218
the period for which the improvements would be exempted from	8219
taxation and the percentage of the improvements that would be	8220
exempted, and indicate the date on which the board of trustees	8221
intends to adopt the resolution. The board of education, by	8222
resolution adopted by a majority of the board, may approve the	8223
exemption for the period or for the exemption percentage specified	8224
in the notice, may disapprove the exemption for the number of	8225
years in excess of ten, may disapprove the exemption for the	8226
percentage of the improvements to be exempted in excess of	8227
seventy-five per cent, or both, or may approve the exemption on	8228
the condition that the board of trustees and the board of	8229
education negotiate an agreement providing for compensation to the	8230
school district equal in value to a percentage of the amount of	8231
taxes exempted in the eleventh and subsequent years of the	8232
exemption period or, in the case of exemption percentages in	8233
excess of seventy-five per cent, compensation equal in value to a	8234
percentage of the taxes that would be payable on the portion of	8235
the improvements in excess of seventy-five per cent were that	8236
portion to be subject to taxation. The board of education shall	8237
certify its resolution to the board of trustees not later than	8238
fourteen days prior to the date the board of trustees intends to	8239
adopt the resolution as indicated in the notice. If the board of	8240
education approves the exemption on the condition that a	8241
compensation agreement be negotiated, the board of education in	8242
its resolution shall propose a compensation percentage. If the	8243
board of education and the board of trustees negotiate a mutually	8244
acceptable compensation agreement, the resolution may declare the	8245
improvements a public purpose for the number of years specified in	8246
the resolution or, in the case of exemption percentages in excess	8247
of seventy-five per cent, for the exemption percentage specified	8248
in the resolution. In either case, if the board of education and	8249
the board of trustees fail to negotiate a mutually acceptable	8250
compensation agreement, the resolution may declare the	8251
improvements a public purpose for not more than ten years, but	8252
shall not exempt more than seventy-five per cent of the	8253
improvements from taxation, or, in the case of a resolution	8254
adopted under division (B) of this section, not more than the	8255
estimated percentage of the incremental demand as otherwise	8256
prescribed by division (B) of this section if that percentage is	8257
less than seventy-five per cent. If the board of education fails	8258
to certify a resolution to the board of trustees within the time	8259
prescribed by this section, the board of trustees thereupon may	8260
adopt the resolution and may declare the improvements a public	8261
purpose for up to thirty years or, in the case of exemption	8262
percentages proposed in excess of seventy-five per cent, for the	8263
exemption percentage specified in the resolution. The board of	8264
township trustees may adopt the resolution at any time after the	8265
board of education certifies its resolution approving the	8266
exemption to the board of township trustees, or, if the board of	8267
education approves the exemption on the condition that a mutually	8268
acceptable compensation agreement be negotiated, at any time after	8269
the compensation agreement is agreed to by the board of education	8270
and the board of township trustees.	8271

If a board of education has adopted a resolution waiving its	8272
right to approve exemptions from taxation and the resolution	8273
remains in effect, approval of such exemptions by the board of	8274
education is not required under this division. If a board of	8275
education has adopted a resolution allowing a board of township	8276
trustees to deliver the notice required under this division fewer	8277
than forty-five business days prior to adoption of the resolution	8278
by the board of township trustees, the board of township trustees	8279
shall deliver the notice to the board of education not later than	8280
the number of days prior to suchthe adoption as prescribed by the	8281
board of education in its resolution. If a board of education	8282
adopts a resolution waiving its right to approve exemptions or	8283
shortening the notification period, the board of education shall	8284
certify a copy of the resolution to the board of township	8285
trustees. If the board of education rescinds such athe	8286
resolution, it shall certify notice of the rescission to the board	8287
of township trustees.	8288

If the board of trustees is not required by this division to	8289
notify the board of education of the board of trustees' intent to	8290
declare improvements to be a public purpose, the board of trustees	8291
shall comply with the notice requirements imposed under section	8292
5709.83 of the Revised Code before taking formal action to adopt	8293
the resolution making that declaration, unless the board of	8294
education has adopted a resolution under that section waiving its	8295
right to receive such athe notice.	8296

(E) An exemption from taxation granted under this section	8297
commences with the tax year in which an improvement first appears	8298
on the tax list and duplicate of real and public utility property	8299
and that begins after the effective date of the resolution. Except	8300
as otherwise provided in this division, the exemption ends on the	8301
date specified in the resolution as the date the improvement	8302
ceases to be a public purpose or the incentive district expires,	8303
or ends on the date on which the public infrastructure	8304
improvements and housing renovations are paid in full from the	8305
township public improvement tax increment equivalent fund	8306
established under section 5709.75 of the Revised Code, whichever	8307
occurs first. The exemption of an improvement with respect to a	8308
parcel may end on a later date, as specified in the resolution, if	8309
the board of township trustees and the board of education of the	8310
city, local, or exempted village school district within which the	8311
parcel is located have entered into a compensation agreement under	8312
section 5709.82 of the Revised Code with respect to the	8313
improvement or district and the board of education has approved	8314
the term of the exemption under division (D) of this section, but	8315
in no case shall the improvement be exempted from taxation for	8316
more than thirty years. The board of township trustees may, by	8317
majority vote, adopt a resolution permitting the township to enter	8318
into such agreements as the board finds necessary or appropriate	8319
to provide for the construction or undertaking of public	8320
infrastructure improvements and housing renovations. Any exemption	8321
shall be claimed and allowed in the same or a similar manner as in	8322
the case of other real property exemptions. If an exemption status	8323
changes during a tax year, the procedure for the apportionment of	8324
the taxes for that year is the same as in the case of other	8325
changes in tax exemption status during the year.	8326

(F) The board of township trustees may issue the notes of the	8327
township to finance all costs pertaining to the construction or	8328
undertaking of public infrastructure improvements and housing	8329
renovations made pursuant to this section. The notes shall be	8330
signed by the board and attested by the signature of the township	8331
clerkfiscal officer, shall bear interest not to exceed the rate	8332
provided in section 9.95 of the Revised Code, and are not subject	8333
to Chapter 133. of the Revised Code. The resolution authorizing	8334
the issuance of the notes shall pledge the funds of the township	8335
public improvement tax increment equivalent fund established	8336
pursuant to section 5709.75 of the Revised Code to pay the	8337
interest on and principal of the notes. The notes, which may	8338
contain a clause permitting prepayment at the option of the board,	8339
shall be offered for sale on the open market or given to the	8340
vendor or contractor if no sale is made.	8341

(G) The township, not later than fifteen days after the	8342
adoption of a resolution under this section, shall submit to the	8343
director of development a copy of the resolution. On or before the	8344
thirty-first day of March of each year, the township shall submit	8345
a status report to the director of development. The report shall	8346
indicate, in the manner prescribed by the director, the progress	8347
of the project during each year that the exemption remains in	8348
effect, including a summary of the receipts from service payments	8349
in lieu of taxes; expenditures of money from funds created under	8350
section 5709.75 of the Revised Code; a description of the public	8351
infrastructure improvements and housing renovations financed with	8352
suchthe expenditures; and a quantitative summary of changes in	8353
private investment resulting from each project.	8354

(H) Nothing in this section shall be construed to prohibit a	8355
board of township trustees from declaring to be a public purpose	8356
improvements with respect to more than one parcel.	8357

(I) A board of township trustees that adopted a resolution	8358
under this section prior to July 21, 1994, may amend that	8359
resolution to include any additional public infrastructure	8360
improvement. A board of township trustees that seeks by such an	8361
the amendment to utilize money from its township public	8362
improvement tax increment equivalent fund for land acquisition in	8363
aid of industry, commerce, distribution, or research, demolition	8364
on private property, or stormwater and flood remediation projects	8365
may do so provided that the board currently is a party to a	8366
hold-harmless agreement with the board of education of the city,	8367
local, or exempted village school district within the territory of	8368
which are located the parcels that are subject to an exemption.	8369
For the purposes of this division, a "hold-harmless agreement"	8370
means an agreement under which the board of township trustees	8371
agrees to compensate the school district for one hundred per cent	8372
of the tax revenue that the school district would have received	8373
from further improvements to parcels designated in the resolution	8374
were it not for the exemption granted by the resolution.	8375

Sec. 5735.27.  (A) There is hereby created in the state	8376
treasury the gasoline excise tax fund, which shall be distributed	8377
in the following manner:	8378

(1) The amount credited pursuant to divisions (B)(2)(a) and	8379
(C)(2)(a) of section 5735.23 of the Revised Code shall be	8380
distributed among municipal corporations. The amount paid to each	8381
municipal corporation shall be that proportion of the amount to be	8382
so distributed that the number of motor vehicles registered within	8383
suchthe municipal corporation bears to the total number of motor	8384
vehicles registered within all the municipal corporations of this	8385
state during the preceding motor vehicle registration year. When a	8386
new village is incorporated, the registrar of motor vehicles shall	8387
determine from the applications on file in the bureau of motor	8388
vehicles the number of motor vehicles located within the territory	8389
comprising the village during the entire registration year in	8390
which suchthe municipal corporation was incorporated. The	8391
registrar shall forthwith certify the number of motor vehicles so	8392
determined to the tax commissioner for use in distributing motor	8393
vehicle fuel tax funds to suchthe village until suchthe village	8394
is qualified to participate in the distribution of suchthe funds	8395
pursuant to this division. The number of such motor vehicle	8396
registrations shall be determined by the official records of the	8397
bureau of motor vehicles. The amount received by each municipal	8398
corporation shall be used to plan, construct, reconstruct, repave,	8399
widen, maintain, repair, clear, and clean public highways, roads,	8400
and streets; to maintain and repair bridges and viaducts; to	8401
purchase, erect, and maintain street and traffic signs and	8402
markers; to pay the costs apportioned to the municipal corporation	8403
under section 4907.47 of the Revised Code; to purchase, erect, and	8404
maintain traffic lights and signals; to pay the principal,	8405
interest, and charges on bonds and other obligations issued	8406
pursuant to Chapter 133. of the Revised Code for the purpose of	8407
acquiring or constructing roads, highways, bridges, or viaducts or	8408
acquiring or making other highway improvements for which the	8409
municipal corporation may issue bonds; and to supplement revenue	8410
already available for suchthese purposes.	8411

(2) The amount credited pursuant to division (B) of section	8412
5735.26 of the Revised Code shall be distributed among the	8413
municipal corporations within the state, in the proportion which	8414
the number of motor vehicles registered within each municipal	8415
corporation bears to the total number of motor vehicles registered	8416
within all the municipal corporations of the state during the	8417
preceding calendar year, as shown by the official records of the	8418
bureau of motor vehicles, and shall be expended by each municipal	8419
corporation to plan, construct, reconstruct, repave, widen,	8420
maintain, repair, clear, and clean public highways, roads and	8421
streets; to maintain and repair bridges and viaducts; to purchase,	8422
erect, and maintain street and traffic signs and markers; to	8423
purchase, erect, and maintain traffic lights and signals; to pay	8424
costs apportioned to the municipal corporation under section	8425
4907.47 of the Revised Code; to pay the principal, interest, and	8426
charges on bonds and other obligations issued pursuant to Chapter	8427
133. of the Revised Code for the purpose of acquiring or	8428
constructing roads, highways, bridges, or viaducts or acquiring or	8429
making other highway improvements for which the municipal	8430
corporation may issue bonds; and to supplement revenue already	8431
available for suchthese purposes.	8432

(3) The amount credited pursuant to divisions (B)(2)(b) and	8433
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	8434
equal proportions to the county treasurer of each county within	8435
the state and shall be used only for the purposes of planning,	8436
maintaining, and repairing the county system of public roads and	8437
highways within suchthe county; the planning, construction, and	8438
repair of walks or paths along county roads in congested areas;	8439
the planning, construction, purchase, lease, and maintenance of	8440
suitable buildings for the housing and repair of county road	8441
machinery, housing of supplies, and housing of personnel	8442
associated with the machinery and supplies; the payment of costs	8443
apportioned to the county under section 4907.47 of the Revised	8444
Code; the payment of principal, interest, and charges on bonds and	8445
other obligations issued pursuant to Chapter 133. of the Revised	8446
Code for the purpose of acquiring or constructing roads, highways,	8447
bridges, or viaducts or acquiring or making other highway	8448
improvements for which the board of county commissioners may issue	8449
bonds under that chapter; and the purchase, installation, and	8450
maintenance of traffic signal lights.	8451

(4) The amount credited pursuant to division (C) of section	8452
5735.26 of the Revised Code shall be paid in equal proportions to	8453
the county treasurer of each county for the purposes of planning,	8454
maintaining, constructing, widening, and reconstructing the county	8455
system of public roads and highways; paying principal, interest,	8456
and charges on bonds and other obligations issued pursuant to	8457
Chapter 133. of the Revised Code for the purpose of acquiring or	8458
constructing roads, highways, bridges, or viaducts or acquiring or	8459
making other highway improvements for which the board of county	8460
commissioners may issue bonds under suchthat chapter; and paying	8461
costs apportioned to the county under section 4907.47 of the	8462
Revised Code.	8463

(5)(a) The amount credited pursuant to division (D) of	8464
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	8465
Revised Code shall be divided in equal proportions among the	8466
townships within the state.	8467

(b) As used in division (A)(5)(b) of this section, the	8468
"formula amount" for any township is the amount that would be	8469
allocated to that township if fifty per cent of the amount	8470
credited to townships pursuant to section 5735.291 of the Revised	8471
Code were allocated among townships in the state proportionate to	8472
the number of lane miles within the boundaries of the respective	8473
townships, as determined annually by the department of	8474
transportation, and the other fifty per cent of the amount	8475
credited pursuant to section 5735.291 of the Revised Code were	8476
allocated among townships in the state proportionate to the number	8477
of motor vehicles registered within the respective townships, as	8478
determined annually by the records of the bureau of motor	8479
vehicles.	8480

Beginning on August 15, 2003, the tax levied by section	8481
5735.29 of the Revised Code shall be partially allocated to	8482
provide funding for townships. Each township shall receive the	8483
greater of the following two calculations:	8484

(i) The total statewide amount credited to townships under	8485
division (A) of section 5735.291 of the Revised Code divided by	8486
the number of townships in the state at the time of the	8487
calculation;	8488

(ii) Seventy per cent of the formula amount for that	8489
township.	8490

(c) The total difference between the amount of money credited	8491
to townships under division (A) of section 5735.291 of the Revised	8492
Code and the total amount of money required to make all the	8493
payments specified in division (A)(5)(b) of this section shall be	8494
deducted, in accordance with division (B) of section 5735.291 of	8495
the Revised Code, from the revenues resulting from the tax levied	8496
pursuant to section 5735.29 of the Revised Code prior to crediting	8497
portions of such revenues to counties, municipal corporations, and	8498
the highway operating fund.	8499

(d) All amounts credited pursuant to divisions (a) and (b) of	8500
this section shall be paid to the county treasurer of each county	8501
for the total amount payable to the townships within each of the	8502
counties. The county treasurer shall pay to each township within	8503
the county its proportional share of the funds, which shall be	8504
expended by each township for the sole purpose of planning,	8505
constructing, maintaining, widening, and reconstructing the public	8506
roads and highways within suchthe township, and paying costs	8507
apportioned to the township under section 4907.47 of the Revised	8508
Code.	8509

No part of the funds shall be used for any purpose except to	8510
pay in whole or part the contract price of any such work done by	8511
contract, or to pay the cost of labor in planning, constructing,	8512
widening, and reconstructing such roads and highways, and the cost	8513
of materials forming a part of the improvement; provided, that	8514
suchthe funds may be used for the purchase of road machinery and	8515
equipment and for the planning, construction, and maintenance of	8516
suitable buildings for housing road machinery and equipment, and	8517
that all such improvement of roads shall be under supervision and	8518
direction of the county engineer as provided in section 5575.07 of	8519
the Revised Code. No obligation against suchthe funds shall be	8520
incurred unless plans and specifications for suchthe improvement,	8521
approved by the county engineer, are on file in the office of the	8522
township clerkfiscal officer, and all contracts for material and	8523
for work done by contract shall be approved by the county engineer	8524
before being signed by the board of township trustees. The board	8525
of township trustees of any township may pass a resolution	8526
permitting the board of county commissioners to expend suchthe	8527
township's share of the funds, or any portion thereofof it, for	8528
the improvement of suchthe roads within the township as may be	8529
designated in the resolution.	8530

All investment earnings of the fund shall be credited to the	8531
fund.	8532

(B) Amounts credited to the highway operating fund pursuant	8533
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	8534
division (A) of section 5735.26 of the Revised Code shall be	8535
expended in the following manner:	8536

(1) The amount credited pursuant to divisions (B)(2)(c) and	8537
(C)(2)(d) of section 5735.23 of the Revised Code shall be	8538
apportioned to and expended by the department of transportation	8539
for the purposes of planning, maintaining, repairing, and keeping	8540
in passable condition for travel the roads and highways of the	8541
state required by law to be maintained by the department; paying	8542
the costs apportioned to the state under section 4907.47 of the	8543
Revised Code; paying that portion of the construction cost of a	8544
highway project which a county, township, or municipal corporation	8545
normally would be required to pay, but which the director of	8546
transportation, pursuant to division (B) of section 5531.08 of the	8547
Revised Code, determines instead will be paid from moneys in the	8548
highway operating fund; and paying the costs of the department of	8549
public safety in administering and enforcing the state law	8550
relating to the registration and operation of motor vehicles.	8551

(2) The amount credited pursuant to division (A) of section	8552
5735.26 of the Revised Code shall be used for paying the state's	8553
share of the cost of planning, constructing, widening,	8554
maintaining, and reconstructing the state highways; paying that	8555
portion of the construction cost of a highway project which a	8556
county, township, or municipal corporation normally would be	8557
required to pay, but which the director of transportation,	8558
pursuant to division (B) of section 5531.08 of the Revised Code,	8559
determines instead will be paid from moneys in the highway	8560
operating fund; and also for supplying the state's share of the	8561
cost of eliminating railway grade crossings upon such highways and	8562
costs apportioned to the state under section 4907.47 of the	8563
Revised Code. The director of transportation may expend portions	8564
of such amount upon extensions of state highways within municipal	8565
corporations or upon portions of state highways within municipal	8566
corporations, as is provided by law.	8567

Sec. 5747.061.  (A) As used in this section:

8568

(1) "State agency" means the general assembly, all courts,	8569
any department, division, institution, board, commission,	8570
authority, bureau, or other instrumentality of the state.	8571

(2) "Political subdivision" means a county, municipal	8572
corporation, township, school district, or other body corporate	8573
and politic responsible for governmental activities in a	8574
geographic area smaller than that of the state.	8575

(3) "Legislative authority" means the board of county	8576
commissioners, the legislative authority of a municipal	8577
corporation, the board of township trustees, the board of	8578
education, or the board, council, commission, or other governing	8579
body of any other political subdivision.	8580

(4) "Fiscal officer" means the county auditor, the treasurer	8581
of the municipal corporation, the clerk-treasurer of a village, or	8582
the officer thatwho, by virtue of the charter, has the duties of	8583
the treasurer or clerk-treasurer, the township clerkfiscal	8584
officer, the treasurer of the board of education, or, in the case	8585
of any state agency or other subdivision, the officer or person	8586
responsible for deducting and withholding from the compensation	8587
paid to an employee who is a taxpayer the amount of tax required	8588
to be withheld by section 5747.06 of the Revised Code.	8589

(B)(1) The director or other chief administrator of any state	8590
agency, in accordance with rules adopted by the department of	8591
administrative services, may direct its fiscal officer to deduct	8592
and withhold from the compensation paid to an employee who is a	8593
resident of a state with which the commissioner has entered into	8594
an agreement under division (A)(3) of section 5747.05 of the	8595
Revised Code, a tax computed in such a manner as to result, as far	8596
as practicable, in withholding from the compensation of the	8597
employee during each calendar year an amount substantially	8598
equivalent to the tax reasonably estimated to be due under the	8599
income tax laws of the state of residence of the employee with	8600
respect to the amount of such compensation included in gross	8601
income during the calendar year under those laws.	8602

(2) The legislative authority of a political subdivision may	8603
adopt a rule, ordinance, or resolution requiring the fiscal	8604
officer of the political subdivision to deduct and withhold from	8605
the compensation paid to an employee who is a resident of a state	8606
with which the tax commissioner has entered into an agreement	8607
under division (A)(3) of section 5747.05 of the Revised Code, a	8608
tax computed in such a manner as to result, as far as practicable,	8609
in withholding from the compensation of the employee during each	8610
calendar year an amount substantially equivalent to the tax	8611
reasonably estimated to be due under the income tax laws of the	8612
state of residence of the employee with respect to the amount of	8613
such compensation included in gross income during the calendar	8614
year under those laws.	8615

(3) Upon direction of the director or other chief	8616
administrator of a state agency, or adoption of a rule, ordinance,	8617
or resolution by a political subdivision under this division, the	8618
fiscal officer shall obtain from the official responsible for	8619
administering the income tax laws of the state of residence of the	8620
employee, information necessary to enable himthe fiscal officer	8621
to withhold the proper amount of tax from the compensation of the	8622
employee for the calendar year.	8623

(C) A fiscal officer who deducts and withholds tax from the	8624
compensation of a nonresident employee shall file a withholding	8625
return or other report and pay the full amount of the tax deducted	8626
and withheld as required by the income tax laws of the state of	8627
residence of the employee.	8628

(D) A fiscal officer who deducts and withholds tax from the	8629
compensation of a nonresident employee shall furnish to that	8630
employee and to the official who is responsible for administering	8631
the income tax laws of the state of residence of the employee, a	8632
written statement showing the amount of compensation paid to the	8633
employee and the amount deducted and withheld from the	8634
compensation of the employee during the calendar year. The	8635
statement shall be furnished on or before the last day of January	8636
of the succeeding year, except that, with respect to an employee	8637
whose employment is terminated, the statement for the calendar	8638
year in which the last payment of compensation is made shall be	8639
furnished within thirty days from the date the last payment of	8640
compensation is made.	8641

Section 2. That existing sections 111.21, 111.22, 117.44,	8642
133.01, 133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31,	8643
321.32, 321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41,	8644
503.52, 504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20,	8645
505.03, 505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262,	8646
505.31, 505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511,	8647
505.73, 505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05,	8648
507.051, 507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21,	8649
511.22, 511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05,	8650
517.06, 517.07, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201,	8651
707.28, 709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10,	8652
715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08,	8653
971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02,	8654
2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025,	8655
3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27,	8656
5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16,	8657
5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73,	8658
5735.27, and 5747.061 of the Revised Code are hereby repealed.	8659

Section 3.  Section 715.70 of the Revised Code is presented	8660
in this act as a composite of the section as amended by both Sub.	8661
H.B. 434 and Am. Sub. S.B. 201 of the 122nd General Assembly. The	8662
General Assembly, applying the principle stated in division (B) of	8663
section 1.52 of the Revised Code that amendments are to be	8664
harmonized if reasonably capable of simultaneous operation, finds	8665
that the composite is the resulting version of the section in	8666
effect prior to the effective date of the section as presented in	8667
this act.	8668