As Reported by the Senate State and Local Government and Veterans Affairs Committee

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 107

Senators Schuler, Padgett, Clancy, Schuring, Mumper, Grendell, Coughlin 

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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) "Administrative agent," "agent," "commercial paper,"	533
"floating rate interest structure," "indexing agent," "interest	534
rate hedge," "interest rate period," "put arrangement," and	535
"remarketing agent" have the same meanings as in section 9.98 of	536
the Revised Code.	537

(SS) "Sales tax supported" means obligations to the payment	538
of debt charges on which an additional sales tax or additional	539
sales taxes have been pledged by the taxing authority of a county	540
pursuant to section 133.081 of the Revised Code.	541

Sec. 133.27.  (A) Chapter 133. securities shall be signed on	542
behalf of the subdivision as follows:	543

(1) In the case of a municipal corporation, by the mayor or	544
other chief executive officer and by the fiscal officer, or by	545
suchany other officers aswho are designated to sign by the	546
charter or legislation of its taxing authority;	547

(2) In the case of a county, by at least two members of its	548
taxing authority and by the county auditor, or, in the case of a	549
charter county, by suchthose officers of the county aswho are	550
designated to sign by the charter or legislation of its taxing	551
authority;	552

(3) In the case of a school district, by the president or	553
vice-president of the board of education and by its fiscal	554
officer;	555

(4) In the case of a township, by at least two township	556
trustees and by the township clerkfiscal officer;	557

(5) In the case of a subdivision not referred to in divisions	558
(B)(1) to (4) of this section, by the officer of the subdivision	559
or taxing authority designated to sign by other law or, if there	560
is no such other law designating an officer, by the legislation	561
authorizing the securities.	562

(B) If an officer designated to sign securities or interest	563
coupons pursuant to division (A) or (E) of this section is for any	564
reason unable or unavailable to so sign, another officer of the	565
subdivision or taxing authority, designated by legislation passed	566
by the taxing authority, may sign instead of that officer.	567

(C) All signatures required by this section may be facsimile	568
signatures as provided for by sections 9.10, 9.11, and 9.96 of the	569
Revised Code, unless the securities are issued in other than fully	570
registered form, in which case at least one such signature shall	571
be a manual signature.	572

(D) If an officer who has signed, manually or by facsimile	573
signature, any securities of a subdivision ceases to be such	574
officer before the securities so signed have been actually	575
delivered, the securities may nevertheless be issued and delivered	576
as though the person who has so signed the securities had not	577
ceased to be such officer. Any securities may be signed as	578
provided in this section, on behalf of the subdivision, by an	579
officer who is the proper officer of the subdivision or taxing	580
authority on the actual date of signing of the securities,	581
notwithstanding the fact that at the date of the securities or on	582
the date of delivery of the securities that person was or is not	583
suchthe proper officer of the subdivision.	584

(E) Securities, other than fully registered securities, may,	585
in the discretion of the taxing authority, have interest coupons	586
attached or otherwise appertaining. The interest coupons shall be	587
signed on behalf of the subdivision by the manual or facsimile	588
signature of its fiscal officer.	589

Sec. 149.42.  There is hereby created in each township a	590
township records commission, composed of the chairmanchairperson	591
of the board of township trustees and the clerkfiscal officer of	592
the township. The commission shall meet at least once every twelve	593
months, and upon call of the chairperson.	594

The function of the commission shall be to review	595
applications for one-time records disposal and schedules of	596
records retention and disposition submitted by township offices.	597
Records may be disposed of by the commission pursuant to the	598
procedure outlined in this section. The commission may at any time	599
review any schedule it has previously approved, and for good cause	600
shown may revise that schedule.	601

When township records have been approved for disposal, a list	602
of suchthe records shall be sent to the auditor of state. If the	603
auditor of state disapproves of the action by the commission, in	604
whole or in part, the auditor of state shall so inform the	605
commission within a period of sixty days, and these records shall	606
not be destroyed. Before public records are disposed of, the Ohio	607
historical society shall be informed and given the opportunity for	608
a period of sixty days to select for its custody suchthose public	609
records as it considers to be of continuing historical value.	610

Sec. 301.01.  When a petition, memorial, or remonstrance is	611
presented to the general assembly for or against the erection of a	612
new county, or for the location or relocation of a county seat,	613
the petitioners must be eighteen years of age and resident	614
taxpayers or voters within the several townships in which they	615
reside. The petition shall set forth the name of the township and	616
county in which the petitioners reside, and that their residence	617
is within or out of the bounds of the proposed new county, as the	618
case may be. The foregoing requirements shall be proven by the	619
certificate of a township clerkfiscal officer or by the oath of a	620
respectable freeholder or voter, certified by a person authorized	621
to administer oaths. SuchThe certificate or oath shall specify on	622
the petition, memorial, or remonstrance the number of signers	623
there were to suchthe paper at the time of the certifying or	624
oath.	625

Sec. 306.32.  Any county, or any two or more counties,	626
municipal corporations, or townships, or any combination thereof	627
of these, may create a regional transit authority by the adoption	628
of a resolution or ordinance by the board of county commissioners	629
of each county, the legislative authority of each municipal	630
corporation, and the board of township trustees of each township	631
which is to create or to join in the creation of the regional	632
transit authority. SuchThe resolution or ordinance shall state:	633

(A) The necessity for the creation of a regional transit	634
authority;	635

(B) The counties, municipal corporations, or townships which	636
are to create or to join in the creation of the regional transit	637
authority;	638

(C) The official name by which the regional transit authority	639
shall be known;	640

(D) The place in which the principal office of the regional	641
transit authority will be located or the manner in which it may be	642
selected;	643

(E) The number, term, and compensation, or method for	644
establishing compensation, of the members of the board of trustees	645
of the regional transit authority. Compensation shall not exceed	646
fifty dollars for each board and committee meeting attended by a	647
member, except that if compensation is provided annually it shall	648
not exceed six thousand dollars for the president of the board or	649
four thousand eight hundred dollars for each other board member.	650

(F) The manner in which vacancies on the board of trustees of	651
the regional transit authority shall be filled;	652

(G) The manner and to what extent the expenses of the	653
regional transit authority shall be apportioned among the	654
counties, municipal corporations, and townships creating it;	655

(H) The purposes, including the kinds of transit facilities,	656
for which the regional transit authority is organized.	657

The regional transit authority provided for in suchthe	658
resolution or ordinance shall be deemed to be created upon the	659
adoption of suchthe resolution or ordinance by the board of	660
county commissioners of each county, the legislative authority of	661
each municipal corporation, and the board of township trustees of	662
each township enumerated in the resolution or ordinance.	663

The resolution or ordinance creating a regional transit	664
authority may be amended to include additional counties, municipal	665
corporations, or townships or for any other purpose, by the	666
adoption of suchthe amendment by the board of county	667
commissioners of each county, the legislative authority of each	668
municipal corporation, and the board of township trustees of each	669
township which has created or joined or proposes to join the	670
regional transit authority.	671

After each county, municipal corporation, and township which	672
has created or joined or proposes to join the regional transit	673
authority has adopted its resolution or ordinance approving	674
inclusion of additional counties, municipal corporations, or	675
townships in suchthe regional transit authority, a copy of each	676
such resolution or ordinance shall be filed with the clerk of the	677
board of the county commissioners of each county, the clerk of the	678
legislative authority of each municipal corporation, and the	679
fiscal officer of the board of trustees of each township proposed	680
to be included in the regional transit authority. SuchThe	681
inclusion is effective when all such filing has been completed,	682
unless the regional transit authority to which territory is to be	683
added has authority to levy an ad valorem tax on property, or a	684
sales tax, within its territorial boundaries, in which event such	685
the inclusion shall become effective on the sixtieth day after the	686
last such filing is accomplished, unless, prior to the expiration	687
of suchthe sixty-day period, qualified electors residing in the	688
area proposed to be added to the regional transit authority, equal	689
in number to at least ten per cent of the qualified electors from	690
suchthe area who voted for governor at the last gubernatorial	691
election, file a petition of referendum against suchthe	692
inclusion. Any petition of referendum filed under this section	693
shall be filed at the office of the secretary of the board of	694
trustees of the regional transit authority. The person presenting	695
the petition shall be given a receipt containing thereonon it the	696
time of the day, the date, and the purpose of the petition. The	697
secretary of the board of trustees of the regional transit	698
authority shall cause the appropriate board or boards of elections	699
to check the sufficiency of signatures on any petition of	700
referendum filed under this section and, if found to be	701
sufficient, shall present the petition to the board of trustees at	702
a meeting of said board which occurs not later than thirty days	703
following the filing of said petition. Upon presentation to the	704
board of trustees of a petition of referendum against the proposed	705
inclusion, the board of trustees shall promptly certify the	706
proposal to the board or boards of elections for the purpose of	707
having the proposal placed on the ballot at the next general or	708
primary election which occurs not less than seventy-five days	709
after the date of the meeting of said board, or at a special	710
election, the date of which shall be specified in the	711
certification, which date shall be not less than seventy-five days	712
after the date of such meeting of the board. Signatures on a	713
petition of referendum may be withdrawn up to and including the	714
meeting of the board of trustees certifying the proposal to the	715
appropriate board or boards of elections. If territory of more	716
than one county, municipal corporation, or township is to be added	717
to the regional transit authority, the electors of suchthe	718
territories of the counties, municipal corporations, or townships	719
which are to be added shall vote as a district, and the majority	720
affirmative vote shall be determined by the vote cast in suchthe	721
district as a whole. Upon certification of a proposal to the	722
appropriate board or boards of elections pursuant to this section,	723
suchthe board or boards of election shall make the necessary	724
arrangements for the submission of such questionsthe question to	725
the electors of the territory to be added to the regional transit	726
authority qualified to vote thereonon the question, and the	727
election shall be held, canvassed, and certified in the manner	728
provided for the submission of tax levies under section 5705.191	729
of the Revised Code, except that the question appearing on the	730
ballot shall read:	731

"Shall the territory within the .........................	732
(Name or names of political subdivisions to be joined) be added to	733
.................................. (Name) regional transit	734
authority?" and shall a(n) .......... (here insert type of tax or	735
taxes) at a rate of taxation not to exceed ..... (here insert	736
maximum tax rate or rates) be levied for all transit purposes?"	737

If the question is approved by at least a majority of the	738
electors voting on suchthe question, suchthe joinder is	739
immediately effective, and the regional transit authority may	740
extend the levy of suchthe tax against all the taxable property	741
within the territory which has been added. If suchthe question is	742
approved at a general election or at a special election occurring	743
prior theretoto the general election but after the fifteenth day	744
of July, the regional transit authority may amend its budget and	745
resolution adopted pursuant to section 5705.34 of the Revised	746
Code, and suchthe levy shall be placed on the current tax list	747
and duplicate and collected as other taxes are collected from all	748
taxable property within the territorial boundaries of the regional	749
transit authority, including the territory within each political	750
subdivision added as a result of suchthe election.	751

The territorial boundaries of a regional transit authority	752
shall be coextensive with the territorial boundaries of the	753
counties, municipal corporations, and townships included within	754
the regional transit authority, provided that the same area may be	755
included in more than one regional transit authority so long as	756
the regional transit authorities are not organized for purposes as	757
provided for in the resolutions or ordinances creating the same,	758
and any amendments theretoto them, relating to the same kinds of	759
transit facilities; and provided further, that if a regional	760
transit authority includes only a portion of an entire county, a	761
regional transit authority for the same purposes may be created in	762
the remaining portion of the same county by resolution of the	763
board of county commissioners acting alone or in conjunction with	764
municipal corporations and townships as provided in this section.	765

No regional transit authority shall be organized after	766
January 1, 1975, to include any area already included in a	767
regional transit authority, except that any regional transit	768
authority organized after the effective date of this sectionJune	769
29, 1974, and having territorial boundaries entirely within a	770
single county shall, upon adoption by the board of county	771
commissioners of suchthe county of a resolution creating a	772
regional transit authority including within its territorial	773
jurisdiction the existing regional transit authority and for	774
purposes including the purposes for which suchthe existing	775
regional transit authority was created, be dissolved and its	776
territory included in such new regional transit authority. Any	777
resolution creating such a new regional transit authority shall	778
make adequate provision for satisfaction of the obligations of the	779
dissolved regional transit authority.	780

Sec. 306.321.  The resolution or ordinance creating a	781
regional transit authority may be amended to include additional	782
counties, municipal corporations, or townships by the adoption of	783
suchan amendment by the board of county commissioners of each	784
county, the legislative authority of each municipal corporation,	785
and the board of township trustees of each township which has	786
created or theretofore, prior to the adoption of the amendment,	787
joined or proposes to join the regional transit authority.	788

After each county, municipal corporation, and township which	789
has created or theretofore, prior to the adoption of the	790
amendment, joined or proposes to join the regional transit	791
authority has adopted its resolution or ordinance approving	792
inclusion of additional counties, municipal corporations, or	793
townships in suchthe regional transit authority, a copy of each	794
such resolution or ordinance shall be filed with the clerk of the	795
board of the county commissioners of each county, the clerk of the	796
legislative authority of each municipal corporation, and the	797
fiscal officer of the board of trustees of each township proposed	798
to be included in the regional transit authority.	799

Any ordinances or resolutions adopted pursuant to this	800
section approving inclusion of additional counties, municipal	801
corporations, or townships in suchthe regional transit authority	802
shall provide that the board of trustees of suchthe regional	803
transit authority must, not later than the tenth day following the	804
day on which the filing of the ordinances or resolutions, as	805
required by the immediately preceding paragraph, is completed,	806
adopt its resolution providing for submission to the electors of	807
the regional transit authority as enlarged, of the question	808
pursuant to section 306.49 of the Revised Code, of the renewal,	809
the renewal and increase, or the increase of, or the imposition of	810
an additional, ad valorem tax, or of the question pursuant to	811
section 306.70 of the Revised Code, of the renewal, the renewal	812
and increase, or the increase of, or the imposition of an	813
additional, sales and use tax. The resolution submitting the	814
question of the tax shall specify the date of the election, which	815
shall be not less than seventy-five days after certification of	816
suchthe resolution to the board of elections and which shall be	817
consistent with the requirements of section 3501.01 of the Revised	818
Code. The inclusion of the territory of the additional counties,	819
municipal corporations, or townships in the regional transit	820
authority shall be effective as of the date on which the	821
resolution of the board of trustees of the regional transit	822
authority is adopted submitting the question to the electors,	823
provided that until the question is approved, existing contracts	824
providing payment for transit services within the added territory	825
shall remain in effect and transit services shall not be affected	826
by the inclusion of the additional territory. The resolution shall	827
be certified to the board of elections and the election shall be	828
held, canvassed, and certified as provided in section 306.49 of	829
the Revised Code in the case of an ad valorem tax or in section	830
306.70 of the Revised Code in the case of a sales and use tax.	831

If the question of the tax which is submitted is not approved	832
by a majority of the electors of the enlarged regional transit	833
authority voting thereonon the question, as of the day following	834
the day on which the results of suchthe election become	835
conclusive, the additional counties, municipal corporations, or	836
townships, which had been included in the regional transit	837
authority as of the date of the adoption of the resolution	838
submitting to the electors the question, shall be removed from the	839
territory of suchthe regional transit authority and shall no	840
longer be a part of that authority without any further action by	841
either the political subdivisions which were included in the	842
authority prior to the adoption of the resolution submitting the	843
question to the electors or of the political subdivisions added to	844
the authority as a result of the adoption of suchthe resolution.	845
The regional transit authority reduced to its territory as it	846
existed prior to the inclusion of the additional counties,	847
municipal corporations, or townships, shall be entitled to levy	848
and collect any ad valorem or sales and use taxes which it was	849
authorized to levy and collect prior to the enlargement of its	850
territory and for which authorization has not expired, as if such	851
the enlargement had not occurred.	852

If the question of the tax which is submitted provides for a	853
sales and use tax to be imposed and the question is approved, and	854
the regional transit authority had previously been authorized	855
pursuant to section 306.49 of the Revised Code to levy an ad	856
valorem tax, then the regional transit authority shall appropriate	857
from the first moneys received from suchthe sales and use tax in	858
each year, the full amount required in order to pay the principal	859
of and interest on any notes of the regional transit authority	860
issued pursuant to section 306.49 of the Revised Code, in	861
anticipation of the collection of suchthe ad valorem tax; and	862
shall not thereafter levy and collect the ad valorem tax	863
previously approved unless suchthe levy and collection is	864
necessary to pay the principal of and interest on notes issued in	865
anticipation of suchthe tax in order to avoid impairing the	866
obligation of the contract between the regional transit authority	867
and the note holders.	868

If the question of the additional or renewal tax levy is	869
approved, then suchthe tax may be levied and collected as is	870
otherwise provided for an ad valorem tax or a sales and use tax	871
imposed by a regional transit authority, provided that if a	872
question relating to an ad valorem tax is approved at the general	873
election or at a special election occurring prior theretoto a	874
general election, but after the fifteenth day of July, the	875
regional transit authority may amend its budget for its next	876
fiscal year and its resolution adopted pursuant to section 5705.34	877
of the Revised Code or adopt such resolution, and suchthe levy	878
shall be placed on the current tax list and duplicate and	879
collected as all other taxes are collected from all taxable	880
property within the enlarged territory of the regional transit	881
authority including the territory within each political	882
subdivision which has been added to the regional transit authority	883
pursuant to this section, provided further that if a question	884
relating to sales and use tax is approved after the fifteenth day	885
of July in any calendar year, the regional transit authority may	886
amend its budget for the current and next fiscal year and any	887
resolution adopted pursuant to section 5705.34 of the Revised	888
Code, to reflect the imposition of suchthe sales and use tax and	889
shall amend its budget for the next fiscal year and any resolution	890
adopted pursuant to section 5705.34 of the Revised Code to comply	891
with the immediately preceding paragraph. If the budget of the	892
regional transit authority is amended pursuant to this paragraph,	893
the county auditor shall prepare and deliver an amended	894
certificate of estimated resources to reflect the change in	895
anticipated revenues of the regional transit authority.	896

The procedures of this section are in addition to and an	897
alternative to those established in section 306.32 of the Revised	898
Code for joining to a regional transit authority additional	899
counties, municipal corporations, or townships.	900

Sec. 319.51.  On the erection of a new township in the	901
county, the county auditor shall open an account with it, and, at	902
histhe auditor's next semiannual settlement, credit it with all	903
moneys for taxes collected in or distributable to the territory	904
included in suchthe new township, making corresponding deductions	905
from the townships from which it was taken. The moneys so credited	906
shall be drawn by warrants in favor of the township clerkfiscal	907
officer of the new township.	908

Sec. 321.31.  Immediately after each settlement with the	909
county auditor, on demand, and on presentation of the warrant of	910
the auditor therefor, the county treasurer shall pay to the	911
township clerkfiscal officer, or the treasurer of a municipal	912
corporation, school district, or any board authorized by law to	913
receive the funds or proceeds of any special tax levy, or other	914
properly designated officers delegated by the boards and	915
subdivisions to receive such funds or proceeds, all moneys in the	916
county treasury payable to such boards and subdivisions.	917
Delinquent taxes, interest, and penalties are payable in the	918
proportions prescribed in section 319.45 of the Revised Code.	919

Sec. 321.32.  If a township clerkfiscal officer or other	920
proper officer so requires, or the board of township trustees, the	921
legislative authority of a municipal corporation, or the board of	922
education of a school district, respectively, directs, the moneys	923
described in section 321.31 of the Revised Code shall remain in	924
the county treasury, to be drawn by the proper officer on the	925
warrant of the county auditor, in sums of not less than one	926
hundred dollars.	927

If a county treasurer retains, or if a local officer permits	928
suchthe moneys to remain in the treasury, in any manner other	929
than as provided by this section, hethe county treasurer or local	930
officer shall forfeit and pay for suchthe offense not less than	931
one hundred nor more than one thousand dollars, to be recovered in	932
an action at the suit of the state, for the use of the county.	933

Sec. 321.34.  (A)(1) When the local authorities by resolution	934
so request, the county auditor shall pay township clerksfiscal	935
officers, treasurers of municipal corporations, the treasurer of	936
any board of education, and the treasurer of any other political	937
subdivision or taxing district whose funds derived from taxes or	938
other sources are payable by law to the county treasurer, any	939
money that may be in the county treasury to the accounts of such	940
the local authorities, respectively, and lawfully applicable to	941
the purpose of the current fiscal year in which suchthe request	942
is made. The auditor and county treasurer shall retain any amounts	943
needed to make suchthe payments of obligations of local political	944
subdivisions or taxing districts as are required by law to be paid	945
directly by the county authorities.	946

(2)(a) For purposes of this section, in addition to the	947
moneys payable under division (A)(1) of this section, money in the	948
county treasury to the account of a board of education that is to	949
be included in the settlement required under division (C) of	950
section 321.24 of the Revised Code shall be paid to the treasurer	951
when the board of education, by resolution, so requests.	952

(b) SuchThe money becomes lawfully applicable to the	953
purposes of the fiscal year in which the request is made upon the	954
adoption of the resolution making the request if that resolution	955
specifies the board's intent to use the money for the purposes of	956
the fiscal year in which the request is made.	957

(B) The auditor, in making suchthe advance payment, shall	958
draw separate warrants for the payments for that part of the funds	959
allocated to the general fund of the subdivision and the part	960
allocated to service the debt charges of the subdivision. That	961
part of the advance payment allocated to the servicing of debt	962
charges shall be payable to the officer, board of trustees, or	963
commission of the subdivision charged with the payment and	964
retirement of the bonds and notes of such subdivision, and shall	965
be used for no other purpose. Any officer, board, or commission	966
receiving suchthe advance payment shall return a certificate, in	967
the form prescribed by the tax commissioner, to the auditor that	968
the funds so advanced and received have been paid into the bond	969
retirement fund.	970

(C) Upon the request, in like form, of any board of public	971
library trustees or board of township park commissioners for which	972
a share of the undivided classified property taxes collected in	973
the county has been allowed and fixed by the budget commission,	974
the auditor may, prior to the first day of April, in any year, pay	975
to the treasurer of suchthe board, from any undivided tax funds	976
in the county treasury, an amount not exceeding twenty-five per	977
cent of the board's share of suchthe undivided classified	978
property taxes; but the auditor and county treasurer shall retain	979
an amount sufficient to meet all other requests for payments which	980
have been made under this section or can be reasonably anticipated	981
prior to such first day of April. On or after the first day of	982
April, all amounts paid out of undivided tax funds shall be	983
reimbursed to the funds from which they have been paid and charged	984
against the share of suchthe board of library trustees or board	985
of township park commissioners in the undivided classified	986
property tax fund.	987

Sec. 345.01.  The taxing authority of any municipal	988
corporation, township, or county, at any time not less than one	989
hundred days prior to a general election in any year, by a vote of	990
two-thirds of all members of the taxing authority, may, and upon	991
presentation to the clerk or fiscal officer, as the case may be,	992
of suchthe taxing authority of a petition signed by not less than	993
two per cent of the electors of the political subdivision, as	994
shown at the preceding general election held in the subdivision,	995
shall, declare by resolution that the amount of taxes which may be	996
raised within the ten-mill limitation will be insufficient to	997
provide an adequate amount for the necessary requirements of such	998
the subdivision, and that it is necessary to levy taxes in excess	999
of suchthe limitation for either or both of the following	1000
purposes:	1001

(A) For purchasing a site, and for erecting, equipping, and	1002
furnishing, or for establishing a memorial to commemorate the	1003
services of all members and veterans of the armed forces of the	1004
United States;	1005

(B) For the operation and maintenance of a memorial, and for	1006
the functions related theretoto it.	1007

SuchThe resolution shall be confined to the purposes set	1008
forth in this sectionssection, and shall specify the amount of	1009
increase in rate which it is necessary to levy, the purpose of the	1010
rate increase, and the number of years during which suchthe	1011
increase shall be in effect. The increase may include a levy upon	1012
the tax duplicate of the current year. The number of years shall	1013
be any number not exceeding ten. The question of an increase in	1014
tax rate under divisions (A) and (B) of this section may be	1015
submitted to the electors on one ballot.	1016

The total tax for the purposes included in this section shall	1017
not, in any year, exceed one mill of each dollar of valuation.	1018

SuchThe resolution shall go into immediate effect upon its	1019
passage, and no publication of the resolution, other than that	1020
provided for in the notice of election, shall be necessary.	1021

Sec. 503.162.  (A) After certification of a resolution as	1022
provided in section 503.161 of the Revised Code, the board of	1023
elections shall submit the question of whether the township's name	1024
shall be changed to the electors of the unincorporated area of the	1025
township in accordance with division (C) of that section, and the	1026
ballot language shall be substantially as follows:	1027

"Shall the township of .......... (name) change its name to	1028
........ (proposed name)?	1029

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

1030

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

1031

(B) At least forty-five days before the election on this	1032
question, the board of township trustees shall provide notice of	1033
the election and an explanation of the proposed name change in a	1034
newspaper of general circulation in the township for three	1035
consecutive weeks and shall post the notice and explanation in	1036
five conspicuous places in the unincorporated area of the	1037
township.	1038

(C) If a majority of the votes cast on the proposition of	1039
changing the township's name is in the affirmative, the name	1040
change is adopted and becomes effective ninety days after the	1041
board of elections certifies the election results to the clerk	1042
fiscal officer of the township. Upon receipt of the certification	1043
of the election results from the board of elections, the clerk	1044
fiscal officer of the township shall send a copy of that	1045
certification to the secretary of state.	1046

(D) A change in the name of a township shall not alter the	1047
rights or liabilities of the township as previously named.	1048

Sec. 503.25. Forthwith,Immediately after the election or	1049
appointment of township officers as provided by sections 503.22 to	1050
503.24, inclusive, of the Revised Code, the township clerkfiscal	1051
officer shall make a list of all the officers elected or	1052
appointed, stating the offices to which each is chosen or	1053
appointed, and hethe fiscal officer shall add theretoto the list	1054
a requisition that suchthe officers appear before himthe fiscal	1055
officer, or some other officer authorized to administer oaths,	1056
give bond, and take the oath of office prescribed by sections 3.22	1057
and 3.23 of the Revised Code and Section 7 of Article XV, Ohio	1058
Constitution.	1059

Such clerkThe fiscal officer shall forthwithimmediately	1060
make service of, or deliver to any constable of the township who	1061
shall make service of, a copy of suchthe list and requisition by	1062
delivering it to each person so elected or appointed. SuchThe	1063
list and requisition, with the time and manner of service thereon	1064
on it, shall be returned and filed in the office of the clerk	1065
fiscal officer.	1066

Sec. 503.26.  If a person elected or appointed to a township	1067
office takes the oath of office required by section 503.25 of the	1068
Revised Code before an officer other than the township clerk	1069
fiscal officer, the officer before whom it is taken, forthwith,	1070
shall immediately deposit with the clerkfiscal officer a	1071
certificate of suchthe oath. Such clerkThe fiscal officer shall	1072
make a record of all official oaths.	1073

Sec. 503.29.  Resolutions of the type described in division	1074
(B) of section 503.65 of the Revised Code may be proposed by	1075
initiative petition by the electors of a township and adopted by	1076
election by these electors, under the same circumstances, in the	1077
same manner, and subject to the same penalties as provided in	1078
sections 731.28 to 731.40 and section 731.99 of the Revised Code	1079
for ordinances and other measures of municipal corporations,	1080
insofar as those sections are applicable to townships, except as	1081
follows:	1082

(A) The board of township trustees shall perform the duties	1083
imposed on the legislative authority of the municipal corporation	1084
under those sections.	1085

(B) Initiative petitions shall be filed with the township	1086
clerkfiscal officer, who shall perform the duties imposed under	1087
those sections upon the city auditor or village clerk.	1088

(C) Initiative petitions shall contain the signatures of	1089
electors of the township equal in number to at least ten per cent	1090
of the total vote cast in the township for the office of governor	1091
at the most recent general election for that office.	1092

(D) Each signer of an initiative petition shall be an elector	1093
of the township in which the election on the proposed resolution	1094
is to be held.	1095

Sec. 503.41.  (A) A board of township trustees, by	1096
resolution, may regulate and require the registration of massage	1097
establishments and their employees within the unincorporated	1098
territory of the township. In accordance with sections 503.40 to	1099
503.49 of the Revised Code, for that purpose, the board, by a	1100
majority vote of all members, may adopt, amend, administer, and	1101
enforce regulations within the unincorporated territory of the	1102
township.	1103

(B) A board may adopt regulations and amendments under this	1104
section only after public hearing at not fewer than two regular	1105
sessions of the board. The board shall cause to be published in at	1106
least one newspaper of general circulation in the township notice	1107
of the public hearings, including the time, date, and place, once	1108
a week for two weeks immediately preceding the hearings. The board	1109
shall make available proposed regulations or amendments to the	1110
public at the office of the board.	1111

(C) Regulations or amendments adopted by the board are	1112
effective thirty days after the date of adoption unless, within	1113
thirty days after the adoption of the regulations or amendments,	1114
the township clerkfiscal officer receives a petition, signed by a	1115
number of qualified electors residing in the unincorporated area	1116
of the township equal to not less than ten per cent of the total	1117
vote cast for all candidates for governor in the area at the most	1118
recent general election at which a governor was elected,	1119
requesting the board to submit the regulations or amendments to	1120
the electors of the area for approval or rejection at the next	1121
primary or general election occurring at least seventy-five days	1122
after the board receives the petition.	1123

No regulation or amendment for which the referendum vote has	1124
been requested is effective unless a majority of the vote cast on	1125
the issue is in favor of the regulation or amendment. Upon	1126
certification by the board of elections that a majority of the	1127
votes cast on the issue was in favor of the regulation or	1128
amendment, the regulation or amendment takes immediate effect.	1129

(D) The board shall make available regulations it adopts or	1130
amends to the public at the office of the board and shall cause to	1131
be published a notice of the availability of the regulations in at	1132
least one newspaper of general circulation in the township within	1133
ten days after their adoption or amendment.	1134

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	1135
shall be construed to allow a board of township trustees to	1136
regulate the practice of any limited branch of medicine specified	1137
in section 4731.15 of the Revised Code or the practice of	1138
providing therapeutic massage by a licensed physician, a licensed	1139
chiropractor, a licensed podiatrist, a licensed nurse, or any	1140
other licensed health professional. As used in this division,	1141
"licensed" means licensed, certified, or registered to practice in	1142
this state.	1143

Sec. 503.52.  (A) A board of township trustees, by	1144
resolution, may regulate and require the registration of adult	1145
cabarets within the unincorporated territory of the township. In	1146
accordance with sections 503.51 to 503.59 of the Revised Code, for	1147
that purpose, the board, by a majority vote of all members, may	1148
adopt, amend, administer, and enforce regulations within the	1149
unincorporated territory of the township.	1150

(B) A board may adopt regulations and amendments under this	1151
section only after public hearing at not fewer than two regular	1152
sessions of the board. The board shall cause to be published in at	1153
least one newspaper of general circulation in the township notice	1154
of the public hearings, including the time, date, and place, once	1155
a week for two weeks immediately preceding the hearings. The board	1156
shall make available proposed regulations or amendments to the	1157
public at the office of the board.	1158

(C) Regulations or amendments adopted by the board are	1159
effective thirty days after the date of adoption unless, within	1160
thirty days after the adoption of the regulations or amendments,	1161
the township clerkfiscal officer receives a petition, signed by a	1162
number of qualified electors residing in the unincorporated area	1163
of the township equal to not less than ten per cent of the total	1164
number of votes cast in that area for all candidates for the	1165
office of governor at the most recent general election for that	1166
office, requesting the board to submit the regulations or	1167
amendments to the electors of the area for approval or rejection	1168
at the next primary or general election occurring at least	1169
seventy-five days after the board receives the petition.	1170

No regulation or amendment for which the referendum vote has	1171
been requested is effective unless a majority of the votes cast on	1172
the issue is in favor of the regulation or amendment. Upon	1173
certification by the board of elections that a majority of the	1174
votes cast on the issue was in favor of the regulation or	1175
amendment, the regulation or amendment takes immediate effect.	1176

(D) The board shall make available regulations it adopts or	1177
amends to the public at the office of the board and shall cause to	1178
be published a notice of the availability of the regulations in at	1179
least one newspaper of general circulation in the township within	1180
ten days after their adoption or amendment.	1181

Sec. 504.06.  (A) Peace officers serving the township	1182
pursuant to section 504.16 of the Revised Code may issue citations	1183
to persons who violate township resolutions adopted pursuant to	1184
this chapter. Each such citation shall contain provisions that:	1185

(1) Advise the person upon whom it is served that the person	1186
must answer in relation to the violation charged in the citation	1187
within fourteen days after the citation is served upon himthe	1188
person;	1189

(2) Indicate the allowable answers that may be made and that	1190
the person will be afforded a court hearing if hethe person	1191
denies in histhe person's answer that hehaving committed the	1192
violation;	1193

(3) Specify that the answer must be made in person or by mail	1194
to the township clerkfiscal officer;	1195

(4) Indicate the amount of the fine that arises from the	1196
violation.	1197

(B) A peace officer who issues a citation for a violation of	1198
a township resolution shall complete the citation by identifying	1199
the violation charged and by indicating the date, time, and place	1200
of the violation charged. The officer shall sign the citation,	1201
affirm the facts that it contains, and without unnecessary delay	1202
file the original citation with the court having jurisdiction over	1203
the violation. A copy of a citation issued pursuant to this	1204
section shall be served pursuant to the Rules of Civil Procedure	1205
upon the person who violated the resolution. No peace officer is	1206
entitled to receive witness fees in a cause prosecuted under a	1207
township resolution adopted pursuant to this chapter.	1208

Sec. 504.07.  (A)(1) A person who is served with a citation	1209
pursuant to division (B) of section 504.06 of the Revised Code	1210
shall answer the charge by personal appearance before, or by mail	1211
addressed to, the township clerkfiscal officer, who shall	1212
immediately notify the township law director. An answer shall be	1213
made within fourteen days after the citation is served upon the	1214
person and shall be in one of the following forms:	1215

(a) An admission that the person committed the violation, by	1216
payment of any fine arising from the violation. Payment of a fine	1217
pursuant to division (A)(1)(a) of this section shall be payable to	1218
the clerkfiscal officer of the township and deposited by the	1219
clerkfiscal officer into the township general fund.	1220

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

1221

(2) Whenever a person pays a fine pursuant to division	1222
(A)(1)(a) of this section or whenever a person answers by denying	1223
the violation or does not submit payment of the fine within the	1224
time required by division (A)(1) of this section, the township	1225
clerkfiscal officer shall notify the court having jurisdiction	1226
over the violation.	1227

(B) If a person answers by denying the violation or does not	1228
submit payment of the fine within the time required by division	1229
(A)(1) of this section, the court having jurisdiction over the	1230
violation shall, upon receiving the notification required by	1231
division (A)(2) of this section, schedule a hearing on the	1232
violation and send notice of the date and time of the hearing to	1233
the person charged with the violation and to the township law	1234
director. If the person charged with the violation fails to appear	1235
for the scheduled hearing, the court may hold himthe person in	1236
contempt, or issue a summons or a warrant for histhe person's	1237
arrest pursuant to Criminal Rule 4. If the court issues a summons	1238
and the person charged with the violation fails to appear, the	1239
court may enter a default judgment against the person and require	1240
himthe person to pay the fine arising from the violation.	1241

(C) The court shall hold the scheduled hearing in accordance	1242
with the Rules of Civil Procedure and the rules of the court, and	1243
shall determine whether the township has established, by a	1244
preponderance of the evidence, that the person committed the	1245
violation. If the court determines that the person committed the	1246
violation, it shall enter a judgment against the person requiring	1247
himthe person to pay the fine arising from the violation.	1248

If the court determines that the township has not	1249
established, by a preponderance of the evidence, that the person	1250
committed the violation, the court shall enter judgment against	1251
the township whose resolution allegedly was violated, shall	1252
dismiss the charge of the violation against the person, and shall	1253
assess costs against the township.	1254

(D) Payment of any judgment or default judgment entered	1255
against a person pursuant to this section shall be made to the	1256
clerk of the court that entered the judgment, within ten days	1257
after the date of entry. All money paid in satisfaction of a	1258
judgment or default judgment shall be disbursed by the clerk as	1259
required by law, and the clerk shall enter the fact of payment of	1260
the money and its disbursement in the records of the court. If	1261
payment of a judgment or default judgment is not made within this	1262
time period, execution may be levied, and such other measures may	1263
be taken for its collection as are authorized for the collection	1264
of an unpaid money judgment in a civil action rendered in that	1265
court. The municipal or county court shall assess costs against	1266
the judgment debtor, to be paid upon satisfaction of the judgment.	1267

(E) Any person against whom a judgment or default judgment is	1268
entered pursuant to this section and any township against which a	1269
judgment is entered pursuant to this section may appeal the	1270
judgment or default judgment to the court of appeals within whose	1271
territorial jurisdiction the resolution allegedly was violated. An	1272
appeal shall be made by filing a notice of appeal with the trial	1273
court and with the court of appeals within thirty days after the	1274
entry of judgment by the trial court and by the payment of such	1275
reasonable costs as the court requires. Upon the filing of an	1276
appeal, the court shall schedule a hearing date and notify the	1277
parties of the date, time, and place of the hearing. The hearing	1278
shall be held by the court in accordance with the rules of the	1279
court. Service of a notice of appeal under this division does not	1280
stay enforcement and collection of the judgment or default	1281
judgment from which appeal is taken by the person unless the	1282
person who files the appeal posts bond with the trial court, in	1283
the amount of the judgment, plus court costs, at or before service	1284
of the notice of appeal.	1285

Notwithstanding any other provision of law, the judgment on	1286
appeal of the court of appeals is final.	1287

Sec. 504.11.  (A) The vote on the question of passage of a	1288
resolution provided for in section 504.10 of the Revised Code or a	1289
motion related to that resolution shall be taken by yeas and nays	1290
and entered on the journal, and the resolution or motion shall not	1291
be passed without concurrence of a majority of all members of the	1292
board of township trustees, except that each emergency resolution	1293
under that section shall require the affirmative vote of all of	1294
the members of the board for its enactment. If an emergency	1295
resolution fails to receive the required vote for passage as an	1296
emergency measure but receives the necessary majority for passage	1297
as a nonemergency resolution, it shall be considered passed as a	1298
nonemergency resolution. Except as otherwise provided in division	1299
(B) of this section, a resolution shall become effective thirty	1300
days after it is filed with the township clerkfiscal officer.	1301
Each emergency resolution shall determine that the resolution is	1302
necessary for the immediate preservation of the public peace,	1303
health, safety, or welfare and shall contain a statement of the	1304
necessity for the emergency. Each resolution shall be	1305
authenticated by the signature of the township clerkfiscal	1306
officer, but the failure or refusal of the clerkfiscal officer to	1307
sign a resolution shall not invalidate an otherwise properly	1308
enacted resolution.	1309

(B) Each resolution appropriating money, submitting a	1310
question to the electorate, determining to proceed with an	1311
election, or providing for the approval of a revision,	1312
codification, recodification, or rearrangement of resolutions, or	1313
publication of resolutions in book form, and any emergency	1314
resolution, shall take effect, unless a later time is specified in	1315
the resolution, ten days after it is filed with the township clerk	1316
fiscal officer.	1317

(C) Each resolution shall be recorded in a book, or other	1318
record prescribed by the board, established and maintained for	1319
that purpose. The township clerkfiscal officer or a duly	1320
authorized deputy to the clerkfiscal officer shall, upon the	1321
request of any person and upon the payment of a fee established by	1322
the board, certify true copies of any resolution, and these	1323
certified copies shall be admissible as evidence in any court.	1324

(D) The procedures provided in this section apply only to	1325
resolutions adopted pursuant to a township's limited home rule	1326
powers as authorized by this chapter.	1327

Sec. 504.12.  No resolution and no section or numbered or	1328
lettered division of a section shall be revised or amended unless	1329
the new resolution contains the entire resolution, section, or	1330
division as revised or amended, and the resolution, section, or	1331
division so amended shall be repealed. This requirement does not	1332
prevent the amendment of a resolution by the addition of a new	1333
section, or division, and in this case the full text of the former	1334
resolution need not be set forth, nor does this section prevent	1335
repeals by implication. Except in the case of a codification or	1336
recodification of resolutions, a separate vote shall be taken on	1337
each resolution proposed to be amended. Resolutions that have been	1338
introduced and have received their first reading or their first	1339
and second readings, but have not been voted on for passage, may	1340
be amended or revised by a majority vote of the members of the	1341
board of township trustees, and the amended or revised resolution	1342
need not receive additional readings.	1343

The board of township trustees of a limited home rule	1344
township may revise, codify, and publish in book form the	1345
resolutions of the township in the same manner as provided in	1346
section 731.23 of the Revised Code for municipal corporations.	1347
Resolutions adopted by the board shall be published in the same	1348
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	1349
731.26 of the Revised Code for municipal corporations, except that	1350
they shall be published in newspapers circulating within the	1351
township. The clerkfiscal officer of the township shall perform	1352
the duties that the clerk of the legislative authority of a	1353
municipal corporation is required to perform under those sections.	1354

The procedures provided in this section apply only to	1355
resolutions adopted pursuant to a township's limited home rule	1356
powers as authorized by this chapter.	1357

Sec. 504.14.  In a township that adopts a limited home rule	1358
government, resolutions may be proposed by initiative petition by	1359
the electors in the unincorporated area of the township and	1360
adopted by election by these electors, and resolutions adopted by	1361
the board of township trustees may be submitted to these electors	1362
for their approval or rejection by referendum, under the same	1363
circumstances and in the same manner as provided by sections	1364
731.28 to 731.40 of the Revised Code for municipal corporations,	1365
except that both of the following apply:	1366

(A) Initiative and referendum petitions shall be filed with	1367
the township clerkfiscal officer, who shall perform the duties	1368
imposed under those sections upon the city auditor or village	1369
clerk.	1370

(B) Initiative and referendum petitions shall contain the	1371
signatures of not less than ten per cent of the total number of	1372
electors in the unincorporated area of the township who voted for	1373
the office of governor at the most recent general election for	1374
that office in that area of the township.	1375

Sec. 504.19.  (A) The board of township trustees may prepare	1376
and adopt a general plan of water supply or sewer services. After	1377
the general plan has been approved by the board, the board	1378
immediately shall notify the board of county commissioners if	1379
territory served by a county water supply facility or a county	1380
sewer district includes territory to be covered by the plan, the	1381
legislative authority of a municipal corporation that operates a	1382
water supply or sewer system in any of the territory to be covered	1383
by the plan, and the board of trustees of any existing regional	1384
water and sewer district that includes any territory to be covered	1385
by the plan, of the township's intention to provide water supply	1386
or sewer services and shall describe the area where the township	1387
proposes to provide water supply or sewer services. The notified	1388
board of county commissioners, legislative authority of a	1389
municipal corporation, and board of trustees of the regional water	1390
and sewer district then have thirty days from the date of	1391
notification to comment and object in writing to the township's	1392
provision of water supply or sewer services. An objection may be	1393
based on one or more of the following:	1394

(1) The county, municipal corporation, or special district	1395
already provides the proposed water supply or sewer services to	1396
the area to be served.	1397

(2) The county, municipal corporation, or special district	1398
has in its service plan provisions to provide the proposed water	1399
supply or sewer services in the future to the proposed area within	1400
a reasonable period of time.	1401

Within fifteen days after receiving objections, the board of	1402
township trustees may request in writing submitted to the	1403
objecting party that the issue of the township's provision of the	1404
proposed water supply or sewer services be mediated. The mediation	1405
shall be performed either by the Ohio commission on dispute	1406
resolution and conflict management or by having each party select	1407
a mediator and having those two mediators select a third mediator	1408
who, together with the other two mediators, shall conduct the	1409
mediation.	1410

Within forty-five days after the request for mediation is	1411
submitted, any mediation shall be completed, and any agreements	1412
reached between the parties shall be filed in writing with the	1413
parties. Thereafter, the respective governing boards may adopt the	1414
agreements, making those agreements binding on the parties, or, if	1415
one or more of the agreed-upon points is rejected, that rejection	1416
shall be considered a final decision of a governing board for	1417
purposes of Chapter 2506. of the Revised Code, and the board of	1418
township trustees may file an appeal under that chapter regarding	1419
its provision of the proposed water supply or sewer services. In	1420
addition to any findings of the court provided in section 2506.04	1421
of the Revised Code, the court may determine that the county,	1422
municipal corporation, or special district has not met the	1423
criteria specified in divisions (A)(1) and (2) of this section	1424
and, therefore, the township may provide its proposed water supply	1425
or sewer services or, in the alternative, may determine that the	1426
township could provide the proposed water supply or sewer services	1427
more expediently than the county, municipal corporation, or	1428
special district with no substantial increase in cost to the users	1429
of the water supply or sewer services and, therefore, order that	1430
the township may provide its proposed water supply or sewer	1431
services.	1432

(B) Once the board has approved a general plan of water	1433
supply or sewer services under division (A) of this section, the	1434
board shall hire an engineer to prepare detailed plans,	1435
specifications, and estimates of the cost of the improvements,	1436
together with a tentative assessment of the cost based on the	1437
estimates. The tentative assessment shall be for the information	1438
of property owners and shall not be certified to the county	1439
auditor for collection. The detailed plans, specifications,	1440
estimates of cost, and tentative assessment, as prepared by the	1441
engineer and approved by the board, shall be preserved in the	1442
office of the board and shall be open to inspection of all persons	1443
interested in the improvements.	1444

(C) Once it has been determined under division (A) of this	1445
section that a township may provide its proposed water supply or	1446
sewer services, the board may appropriate for the use of the	1447
township any public or private land, easement, rights,	1448
rights-of-way, franchises, or other property within or outside the	1449
township required by it for the accomplishment of its purposes.	1450
Except as provided in division (D) of this section, the	1451
appropriation shall be according to the procedure set forth in	1452
sections 163.01 to 163.22 of the Revised Code. The engineer hired	1453
by the board may enter upon any public or private property for the	1454
purpose of making surveys and examinations necessary for the	1455
design or examination of water supply or sewer facilities. No	1456
person shall forbid or interfere with the engineer or the	1457
engineer's authorized assistants entering upon property for these	1458
purposes. If actual damage is done to property by the making of a	1459
survey and examination, the board shall pay the reasonable value	1460
of the damage to the owner of the property damaged, and the cost	1461
shall be included in the assessment upon the property benefited by	1462
the improvement.	1463

(D)(1) For purposes of this division, either of the following	1464
constitutes a public exigency:	1465

(a) A finding by the director of environmental protection	1466
that a public health nuisance caused by an occasion of unavoidable	1467
urgency and suddenness due to unsanitary conditions compels the	1468
immediate construction of sewers for the protection of the public	1469
health and welfare;	1470

(b) The issuance of an order by the board of health of a	1471
health district to mitigate or abate a public health nuisance that	1472
is caused by an occasion of unavoidable urgency and suddenness due	1473
to unsanitary conditions and compels the immediate construction of	1474
sewers for the protection of the public health and welfare.	1475

(2) If a board of township trustees of a township that has	1476
adopted a limited home rule government is unable to purchase	1477
property for the purpose of the construction of sewers to mitigate	1478
or abate the public health nuisance that is the subject of a	1479
finding of the director or an order of the board of health, the	1480
board of township trustees may adopt a resolution finding that it	1481
is necessary for the protection of the public health and welfare	1482
to appropriate property that the board considers needed for that	1483
purpose. The resolution shall contain a definite, accurate, and	1484
detailed description of the property and the name and place of	1485
residence, if known or with reasonable diligence ascertainable, of	1486
the owners of the property to be appropriated.	1487

The board of township trustees shall fix in its resolution	1488
what it considers to be the value of the property to be	1489
appropriated, which shall be the board's determination of the	1490
compensation for the property and shall be supported by an	1491
independent appraisal, together with any damages to the residue.	1492
The board shall deposit the compensation so determined, together	1493
with an amount for the damages to the residue, with the probate	1494
court or the court of common pleas of the county in which the	1495
property, or a part of it, is situated. Except as otherwise	1496
provided in this division, the power to appropriate property for	1497
the purposes of this division shall be exercised in the manner	1498
provided in sections 163.01 and 163.22 of the Revised Code for an	1499
appropriation in time of public exigency. The board's resolution	1500
and a written copy of the independent appraisal shall accompany	1501
the petition filed under section 163.05 of the Revised Code.	1502

(E) As soon as all questions of compensation and damages have	1503
been determined for any water supply facilities or sewer services	1504
improvement project, the board shall cause to be made an estimated	1505
assessment, upon the lots and lands to be assessed, of such part	1506
of the compensation, damages, and costs of the improvement as is	1507
to be specially assessed according to the method specified by	1508
resolution of the board. The schedule of the assessments shall be	1509
filed with the township clerkfiscal officer for the inspection of	1510
interested persons. Before adopting the estimated assessment, the	1511
board shall cause written notice to be sent to the owners of all	1512
lots and lands to be assessed that the assessment has been made	1513
and is on file with the township clerkfiscal officer, and the	1514
date when objections to the assessment will be heard. Objections	1515
shall be filed in writing with the board before the date of the	1516
hearing. If any objections are filed, the board shall hear them	1517
and act as an equalizing board, and may change the assessments if,	1518
in its opinion, any change is necessary to make the assessments	1519
just and equitable. The board shall adopt a resolution approving	1520
and confirming the assessments as reported to or modified by the	1521
board.	1522

(F) The resolution levying the assessments shall apportion	1523
the cost among the benefited lots and lands in the manner provided	1524
by the board by resolution. The board shall certify the amounts to	1525
be levied upon each lot or parcel of land to the county auditor,	1526
who shall enter the amounts on the tax duplicate, to be collected	1527
as other taxes. The principal shall be payable in not more than	1528
forty semiannual installments, as determined by the board. Any	1529
assessment in the amount of twenty-five dollars or less, or of	1530
which the unpaid balance is twenty-five dollars or less, shall be	1531
paid in full and not in installments, at the time the first or	1532
next installment otherwise would become due and payable.	1533
Assessments are a lien upon the respective lots or parcels of land	1534
assessed from the date of adoption of the resolution under	1535
division (E) of this section. If bonds are issued to pay the	1536
compensation, damages, and the costs of an improvement, the	1537
principal amount of the assessment shall be payable in such number	1538
of semiannual installments and in such amounts as the board	1539
determines to be necessary to provide a fund for the payment of	1540
the principal of and interest on the bonds and shall bear interest	1541
from the date of the issuance of the bonds and at the same rate as	1542
the bonds.	1543

(G) Any owner of property to be assessed for any water supply	1544
facilities or sewer services improvement project, or other person	1545
aggrieved by the action of the board in regard to any water supply	1546
facilities or sewer services improvement project, may appeal to	1547
the court of common pleas, in the manner prescribed by Chapter	1548
2506. of the Revised Code.	1549

(H) When collected, the assessments shall be paid by the	1550
county auditor by warrant of the county treasurer into a special	1551
fund in the township treasury created for the purpose of	1552
constructing, improving, maintaining, and operating water supply	1553
facilities or sewer improvements. The board may expend moneys from	1554
the fund only for the purposes for which the assessments were	1555
levied.	1556

Sec. 504.20.  (A) For the purpose of supplying water and	1557
providing sewer services to users within the unincorporated area	1558
of the township under a plan adopted pursuant to section 504.19 of	1559
the Revised Code, the board of township trustees by resolution may	1560
acquire, construct, maintain, improve, repair, operate, and pay	1561
all or any part of the costs of water supply facilities or sewer	1562
improvements. If the best interests of the township and the users	1563
of the water supply facilities or sewer services so require, the	1564
board may sell or otherwise dispose of a water supply facility or	1565
sewer improvement.	1566

(B) To cover the costs of acquiring, constructing,	1567
maintaining, improving, repairing, or operating a water supply	1568
facility or sewer improvement, the board may issue general	1569
obligation bonds of the township in accordance with Chapter 133.	1570
of the Revised Code, for which the full faith and credit of the	1571
township shall be pledged.	1572

(C) For the purpose of paying costs of constructing or	1573
otherwise improving a water supply facility or sewer improvement	1574
and paying debt service charges on voted or unvoted securities of	1575
the township issued for those purposes, and for paying costs of	1576
operating, repairing, and maintaining a water supply facility or	1577
sewer improvement, the board may charge, alter, and collect rents	1578
and other charges for the use of services of a water supply	1579
facility or sewer improvement, which rents and charges if not paid	1580
when due may be certified by the township clerkfiscal officer to	1581
the county auditor, who shall place the same on the tax duplicate	1582
to be collected as other taxes. Those rents and charges are a lien	1583
on the property served from and after the date of entry by the	1584
county auditor on the tax duplicate.	1585

(D) The costs of constructing or otherwise improving a water	1586
supply facility or sewer improvement may include any of the	1587
following:	1588

(1) The purchase price of real estate or any interest in real	1589
estate;	1590

(2) The cost of preliminary and other surveys;

1591

(3) The cost of preparing plans, specifications, profiles,	1592
and estimates;	1593

(4) The cost of printing, serving, and publishing notices and	1594
any required legislation;	1595

(5) The cost of all special proceedings;

1596

(6) The cost of labor and material, whether furnished by	1597
contract or otherwise;	1598

(7) Interest on bonds or notes issued in anticipation of the	1599
levy or collection of special assessments;	1600

(8) The total amount of damages resulting from the project	1601
that are assessed in favor of any owners of lands affected by the	1602
project and any interest on those damages;	1603

(9) The cost incurred in connection with the preparation,	1604
levy, and collection of the special assessments, including legal	1605
expenses incurred by reason of the project;	1606

(10) All contract construction costs;

1607

(11) Incidental costs connected with the project.

1608

(E) The board may adopt, amend, rescind, publish, administer,	1609
and enforce rules for the construction, maintenance, operation,	1610
protection, and use of water supply facilities and sewer services,	1611
that are considered necessary and advisable. The rules shall not	1612
be inconsistent with the laws of the state or the rules of the	1613
environmental protection agency. The board may enforce the rules	1614
by mandamus, injunction, or other legal remedy.	1615

Sec. 505.03.  Whenever hethe judge deems it necessary, and	1616
on application of at least twelve freeholders of the township, the	1617
judge of the county or municipal court or municipal judge having	1618
jurisdiction in the township who approves the bond may require	1619
additional security or the execution of a new bond. If a trustee	1620
fails, for ten days, to give additional security or execute a new	1621
bond after service of suchthe notice in writing, the office shall	1622
be declared vacant and filled as required by section 503.24 of the	1623
Revised Code. SuchThe original bond or new bond shall be	1624
deposited with the township clerkfiscal officer and recorded by	1625
himthe fiscal officer.	1626

Sec. 505.04.  The board of township trustees shall make an	1627
inventory on the second Monday of January, each year, of all the	1628
materials, machinery, tools, and other township supplies in its	1629
possession. SuchThe inventory shall be a public record and shall	1630
be made in duplicate, one copy of which shall be filed with the	1631
clerkfiscal officer of the board and one copy with the county	1632
engineer.	1633

Sec. 505.07. Notwithstanding any contrary provision in	1634
another section of the Revised Code, section 519.12 of the Revised	1635
Code, or any vote of the electors on a petition for zoning	1636
referendum, a township may settle any court action by a consent	1637
decree or court-approved settlement agreement which may include an	1638
agreement to rezone any property involved in the action as	1639
provided in the decree or court-approved settlement agreement	1640
without following the procedures in section 519.12 of the Revised	1641
Code and also may include township approval of a development plan	1642
for any property involved in the action as provided in the decree	1643
or court-approved settlement agreement, provided that the court	1644
makes specific findings of fact that notice has been properly made	1645
pursuant to this section and the consent decree or court-approved	1646
settlement agreement is fair and reasonable.	1647

If the subject of the consent decree or court-approved	1648
settlement agreement involves a zoning issue subject to referendum	1649
under section 519.12 of the Revised Code, the board of township	1650
trustees shall publish notice of their intent to meet and consider	1651
and take action on the decree or court-approved settlement	1652
agreement and the date and time of the meeting in a newspaper of	1653
general circulation in the township at least fifteen days before	1654
the meeting. The board shall permit members of the public to	1655
express their objections to the consent decree or court-approved	1656
settlement agreement at the meeting. Copies of the proposed	1657
consent decree or court-approved settlement agreement shall be	1658
available to the public at the township clerk'sfiscal officer's	1659
office during normal business hours.	1660

At least ten days prior to the submission of a proposed	1661
consent decree or settlement agreement to the court for its review	1662
and consideration, the plaintiff in the action involving the	1663
consent decree or settlement agreement shall publish a notice that	1664
shall include the caption of the case, the case number, and the	1665
court in which the consent decree or settlement agreement will be	1666
filed, the intention of the parties in the action to file a	1667
consent decree or settlement agreement, and, when applicable, a	1668
description of the real property involved and the proposed change	1669
in zoning or permitted use, in a newspaper of general circulation	1670
in the township.	1671

Sec. 505.108.  Except as otherwise provided in this section	1672
and unless the property involved is required to be disposed of	1673
pursuant to another section of the Revised Code, property that is	1674
unclaimed for ninety days or more shall be sold by the chief of	1675
police or other head of the organized police department of the	1676
township, township police district, joint township police	1677
district, or office of a township constable at public auction,	1678
after notice of the sale has been provided by publication once a	1679
week for three successive weeks in a newspaper of general	1680
circulation in the county, or counties, if appropriate, in the	1681
case of a joint township police district. The proceeds of the sale	1682
shall be paid to the clerkfiscal officer of the township and	1683
credited to the township general fund, except that, in the case of	1684
a joint township police district, the proceeds of a sale shall be	1685
paid to the clerkfiscal officer of the most populous	1686
participating township and credited to the appropriate township	1687
general fund or funds according to agreement of the participating	1688
townships.	1689

If authorized to do so by a resolution adopted by the board	1690
of township trustees or, in the case of a joint township police	1691
district, each participating board of township trustees, and if	1692
the property involved is not required to be disposed of pursuant	1693
to another section of the Revised Code, the head of the	1694
department, district, or office may contribute property that is	1695
unclaimed for ninety days or more to one or more public agencies,	1696
to one or more nonprofit organizations no part of the net income	1697
of which inures to the benefit of any private shareholder or	1698
individual and no substantial part of the activities of which	1699
consists of carrying on propaganda or otherwise attempting to	1700
influence legislation, or to one or more organizations satisfying	1701
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.	1702

Sec. 505.11.  (A) Whenever the provisions of division (B) of	1703
this section do not apply, and when, in its opinion, the township	1704
would be benefited, the board of township trustees may lease	1705
township real property to any person upon terms agreed upon by the	1706
board and the lessee. Any consideration received from such athe	1707
lease shall be payable, as prescribed in the lease, to the	1708
township clerkfiscal officer, who shall give a receipt for the	1709
amount received and deposit it in the township general fund.	1710

(B) When, in its opinion, the township would be benefited,	1711
the board of township trustees may execute and deliver contracts	1712
or leases to mine iron ore, stone, coal, petroleum, gas, salt, and	1713
other minerals upon lands owned by the township, to any person	1714
complying with the terms prescribed by the board as to	1715
consideration, rights of way, and occupancy of ground for	1716
necessary purposes. All other matters of contract shall be such as	1717
the board considers most advantageous to the township. SuchThe	1718
contracts or leases shall be forfeited to the township for	1719
noncompliance with any of the terms set forth in the contracts or	1720
leases, and shall not operate as a conveyance of the fee to any	1721
part of the realty. No contract or lease for the drilling or	1722
operation of a petroleum or gas well shall be valid for a longer	1723
term than forty years from the date of the contract or lease, and	1724
no contract or lease for the mining of iron ore, stone, coal,	1725
salt, or other minerals shall be valid for a longer term than	1726
fifteen years from that date. The consideration for the contracts	1727
and leases shall be such rental or royalty as is prescribed by the	1728
board, and shall be payable, as prescribed in the contract or	1729
lease, at least once a year to the township clerkfiscal officer,	1730
who shall give a receipt for suchthe amount and deposit it in the	1731
township general fund.	1732

Sec. 505.17.  (A) Except in a township or portion thereofof	1733
a township that is within the limits of a municipal corporation,	1734
the board of township trustees may make such regulations and	1735
orders as are necessary to control passenger car, motorcycle, and	1736
internal combustion engine noise, as permitted under section	1737
4513.221 of the Revised Code, and all vehicle parking in the	1738
township. This authorization includes, among other powers, the	1739
power to regulate parking on established roadways proximate to	1740
buildings on private property as necessary to provide access to	1741
the property by public safety vehicles and equipment, if the	1742
property is used for commercial purposes, the public is permitted	1743
to use suchthe parking area, and accommodation for more than ten	1744
motor vehicles is provided, and the power to authorize the	1745
issuance of orders limiting or prohibiting parking on any township	1746
street or highway during a snow emergency declared pursuant to a	1747
snow-emergency authorization adopted under this division. All such	1748
regulations and orders shall be subject to the limitations,	1749
restrictions, and exceptions in sections 4511.01 to 4511.76 and	1750
4513.02 to 4513.37 of the Revised Code.	1751

A board of township trustees may adopt a general	1752
snow-emergency authorization, which becomes effective under	1753
division (B)(1) of this section, allowing the president of the	1754
board or some other person specified in the authorization to issue	1755
an order declaring a snow emergency and limiting or prohibiting	1756
parking on any township street or highway during the snow	1757
emergency. Any such order becomes effective under division (B)(2)	1758
of this section. Each general snow-emergency authorization adopted	1759
under this division shall specify the weather conditions under	1760
which a snow emergency may be declared in that township.	1761

(B)(1) All regulations and orders, including any	1762
snow-emergency authorization established by the board under this	1763
section, except for an order declaring a snow emergency as	1764
provided in division (B)(2) of this section, shall be posted by	1765
the township clerkfiscal officer in five conspicuous public	1766
places in the township for thirty days before becoming effective,	1767
and shall be published in a newspaper of general circulation in	1768
the township for three consecutive weeks. In addition to these	1769
requirements, no general snow-emergency authorization shall become	1770
effective until permanent signs giving notice that parking is	1771
limited or prohibited during a snow emergency are properly posted,	1772
in accordance with any applicable standards adopted by the	1773
department of transportation, along streets or highways specified	1774
in the authorization.	1775

(2) Pursuant to the adoption of a snow-emergency	1776
authorization under this section, an order declaring a snow	1777
emergency becomes effective two hours after the president of the	1778
board or the other person specified in the general snow-emergency	1779
authorization makes an announcement of a snow emergency to the	1780
local news media. The president or other specified person shall	1781
request the local news media to announce that a snow emergency has	1782
been declared, the time the declaration will go into effect, and	1783
whether the snow emergency will remain in effect for a specified	1784
period of time or indefinitely until canceled by a subsequent	1785
announcement to the local news media by the president or other	1786
specified person.	1787

(C) Such regulations and orders may be enforced where traffic	1788
control devices conforming to section 4511.09 of the Revised Code	1789
are prominently displayed. Parking regulations authorized by this	1790
section do not apply to any state highway unless the parking	1791
regulations are approved by the director of transportation.	1792

(D) A board of township trustees or its designated agent may	1793
order into storage any vehicle parked in violation of a township	1794
parking regulation or order, if the violation is not one that is	1795
required to be handled pursuant to Chapter 4521. of the Revised	1796
Code. The owner or any lienholder of a vehicle ordered into	1797
storage may claim the vehicle upon presentation of proof of	1798
ownership, which may be evidenced by a certificate of title to the	1799
vehicle, and payment of all expenses, charges, and fines incurred	1800
as a result of the parking violation and removal and storage of	1801
the vehicle.	1802

(E) Whoever violates any regulation or order adopted pursuant	1803
to this section is guilty of a minor misdemeanor, unless the	1804
township has enacted a regulation pursuant to division (A) of	1805
section 4521.02 of the Revised Code, that specifies that the	1806
violation shall not be considered a criminal offense and shall be	1807
handled pursuant to Chapter 4521. of the Revised Code. Fines	1808
levied and collected under this section shall be paid into the	1809
township general revenue fund.	1810

Sec. 505.24.  Each township trustee is entitled to	1811
compensation as follows:	1812

(A) Except as otherwise provided in division (B) of this	1813
section, an amount for each day of service in the business of the	1814
township, to be paid from the township treasury as follows:	1815

(1) In townships having a budget of fifty thousand dollars or	1816
less, twenty dollars per day for not more than two hundred days;	1817

(2) In townships having a budget of more than fifty thousand	1818
but not more than one hundred thousand dollars, twenty-four	1819
dollars per day for not more than two hundred days;	1820

(3) In townships having a budget of more than one hundred	1821
thousand but not more than two hundred fifty thousand dollars,	1822
twenty-eight dollars and fifty cents per day for not more than two	1823
hundred days;	1824

(4) In townships having a budget of more than two hundred	1825
fifty thousand but not more than five hundred thousand dollars,	1826
thirty-three dollars per day for not more than two hundred days;	1827

(5) In townships having a budget of more than five hundred	1828
thousand but not more than seven hundred fifty thousand dollars,	1829
thirty-five dollars per day for not more than two hundred days;	1830

(6) In townships having a budget of more than seven hundred	1831
fifty thousand but not more than one million five hundred thousand	1832
dollars, forty dollars per day for not more than two hundred days;	1833

(7) In townships having a budget of more than one million	1834
five hundred thousand but not more than three million five hundred	1835
thousand dollars, forty-four dollars per day for not more than two	1836
hundred days;	1837

(8) In townships having a budget of more than three million	1838
five hundred thousand dollars but not more than six million	1839
dollars, forty-eight dollars per day for not more than two hundred	1840
days;	1841

(9) In townships having a budget of more than six million	1842
dollars, fifty-two dollars per day for not more than two hundred	1843
days.	1844

(B) Beginning in calendar year 1999, the amounts paid as	1845
specified in division (A) of this section shall be replaced by the	1846
following amounts:	1847

(1) In calendar year 1999, the amounts specified in division	1848
(A) of this section increased by three per cent;	1849

(2) In calendar year 2000, the amounts determined under	1850
division (B)(1) of this section increased by three per cent;	1851

(3) In calendar year 2001, the amounts determined under	1852
division (B)(2) of this section increased by three per cent;	1853

(4) In calendar year 2002, except in townships having a	1854
budget of more than six million dollars, the amounts determined	1855
under division (B)(3) of this section increased by three per cent;	1856
in townships having a budget of more than six million but not more	1857
than ten million dollars, seventy dollars per day for not more	1858
than two hundred days; and in townships having a budget of more	1859
than ten million dollars, ninety dollars per day for not more than	1860
two hundred days;	1861

(5) In calendar years 2003 through 2008, the amounts	1862
determined under division (B) of this section for the immediately	1863
preceding calendar year increased by the lesser of the following:	1864

(a) Three per cent;

1865

(b) The percentage increase, if any, in the consumer price	1866
index over the twelve-month period that ends on the thirtieth day	1867
of September of the immediately preceding calendar year, rounded	1868
to the nearest one-tenth of one per cent;	1869

(6) In calendar year 2009 and thereafter, the amount	1870
determined under division (B) of this section for calendar year	1871
2008.	1872

As used in division (B) of this section, "consumer price	1873
index" has the same meaning as in section 325.18 of the Revised	1874
Code.	1875

(C) Whenever members of a board of township trustees are	1876
compensated per diem and not by annual salary, the board shall	1877
establish, by resolution, a method by which each member of the	1878
board shall periodically notify the township clerkfiscal officer	1879
of the number of days spent in the service of the township and the	1880
kinds of services rendered on those days. The per diem	1881
compensation shall be paid from the township general fund or from	1882
other township funds in such proportions as the kinds of services	1883
performed may require. The notice shall be filed with the township	1884
clerkfiscal officer and preserved for inspection by any persons	1885
interested.	1886

By unanimous vote, a board of township trustees may adopt a	1887
method of compensation consisting of an annual salary to be paid	1888
in equal monthly payments. If the office of trustee is held by	1889
more than one person during any calendar year, each person holding	1890
the office shall receive payments for only those months, and any	1891
fractions of those months, during which the person holds the	1892
office. The amount of the annual salary approved by the board	1893
shall be no more than the maximum amount that could be received	1894
annually by a trustee if the trustee were paid on a per diem basis	1895
as specified in this division, and shall be paid from the township	1896
general fund or from other township funds in such proportions as	1897
the board may specify by resolution. A board of township trustees	1898
that has adopted a salary method of compensation may return to a	1899
method of compensation on a per diem basis as specified in this	1900
division by a majority vote. Any change in the method of	1901
compensation shall be effective on the first day of January of the	1902
year following the year during which the board has voted to change	1903
the method of compensation.	1904

Sec. 505.262.  (A) Notwithstanding division (D) of section	1905
505.37 of the Revised Code or any other statute of this state, the	1906
board of township trustees of any township, by unanimous vote, may	1907
adopt a resolution allowing the township to contract for the	1908
purchase of equipment, buildings, and sites, or for the	1909
construction of buildings, for any lawful township purpose. The	1910
board may issue, by resolution adopted by unanimous vote,	1911
securities of the township to finance purchases and construction	1912
made pursuant to this division. The securities shall be signed by	1913
the board and attested by the signature of the township clerk	1914
fiscal officer, and the maximum maturity of those securities is	1915
subject to the limitations in section 133.20 of the Revised Code.	1916
The securities shall bear interest not to exceed the rate	1917
determined as provided in section 9.95 of the Revised Code and	1918
shall not be subject to Chapter 133. of the Revised Code. The	1919
resolution authorizing the issuance of the securities shall	1920
provide for levying and collecting annually by taxation, amounts	1921
sufficient to pay the interest on and principal of the securities.	1922
The securities may contain a clause permitting prepayment at the	1923
option of the board. Securities shall be offered for sale on the	1924
open market or given to the vendor or contractor if no sale is	1925
made.	1926

(B) No purchase or construction pursuant to division (A) of	1927
this section shall be undertaken unless the county auditor	1928
certifies that, if the purchase or construction is undertaken, the	1929
debt service charge for the purchase or construction in the first	1930
year, together with the debt service charge for that same year for	1931
any other purchase or construction already undertaken pursuant to	1932
division (A) of this section, does not exceed one-tenth of the	1933
township's total revenue from all sources. If the county auditor	1934
so certifies, in every year of the debt after the first year, the	1935
county budget commission shall include a debt charge in the	1936
township's annual tax budget submitted pursuant to sections	1937
5705.01 to 5705.47 of the Revised Code sufficient to meet the	1938
annual debt incurred pursuant to division (A) of this section, if	1939
suchthe debt charge is omitted from the budget.	1940

Sec. 505.31.  (A) Except as otherwise provided in division	1941
(B) of this section, the township clerkfiscal officer shall	1942
collect the service charges for waste disposal service and	1943
administer them under rules established by the board of township	1944
trustees. All of those service charges shall be kept in a separate	1945
fund designated as the waste collection fund and shall be	1946
appropriated and administered by the board. The fund shall be used	1947
for payment of the costs of the management, maintenance, and	1948
operation of the garbage and refuse collection and disposal system	1949
in the township or several waste disposal districts. The board	1950
also may use the fund for payment of the costs incurred by the	1951
township in relation to the collection and disposal of tree	1952
leaves.	1953

Service charges for waste disposal service collected from one	1954
district cannot be used for any other district. If a district is	1955
abandoned or discontinued, any balance remaining in the fund for	1956
that district shall be paid into the general fund of the township.	1957

(B) When a board of township trustees contracts with an	1958
independent contractor for the collection, transfer, and disposal	1959
of solid wastes under section 505.27 of the Revised Code, the	1960
contract may provide for the independent contractor to collect and	1961
keep the service charges for the waste disposal services the	1962
contractor provides.	1963

Sec. 505.32.  For the services arising in each fiscal year	1964
under sections 505.27 to 505.33, inclusive, of the Revised Code,	1965
the township clerkfiscal officer shall be allowed suchthe	1966
compensation as is fixed by the board of township trustees. Such	1967
The compensation shall be paid semiannually, and shall be charged	1968
back, and prorated against each waste disposal district as part of	1969
its operating costs. Any increase required by the board in the	1970
bond of the clerkfiscal officer, and the costs of any necessary	1971
supplies, shall be prorated and charged back to each district.	1972

Sec. 505.33.  Annually, before the first day of October, the	1973
township clerkfiscal officer shall certify to the county auditor	1974
the names of the property owners and a description of their lands	1975
whichthat are delinquent as to waste disposal service charges,	1976
whereupon such. The auditor then shall place the charges on the	1977
tax duplicate for the ensuing December installment of taxes, for	1978
collection.	1979

Sec. 505.35.  All funds arising from the sale of bonds for	1980
the construction or repair of viaducts, or for the purchase or	1981
condemnation of land for suchthat purpose, shall be paid into the	1982
township treasury, and shall be paid out and expended upon the	1983
vouchers of the board of township trustees, or of the officers in	1984
the township having charge of the repair of public roads or	1985
streets.	1986

Contracts for suchthe improvements shall be made in the same	1987
manner as other contracts. Vouchers to pay suchfor the contracts,	1988
or for any portion of the cost of the improvements, shall be drawn	1989
by suchthe board or officers upon the township clerkfiscal	1990
officer, who shall keep an accurate account of moneys so expended,	1991
and the. The funds created by the sale of bonds for viaduct	1992
purposes shall be known as the "viaduct fund."	1993

Sec. 505.37.  (A) The board of township trustees may	1994
establish all necessary rules to guard against the occurrence of	1995
fires and to protect the property and lives of the citizens	1996
against damage and accidents, and may, with the approval of the	1997
specifications by the prosecuting attorney or, if the township has	1998
adopted limited home rule government under Chapter 504. of the	1999
Revised Code, with the approval of the specifications by the	2000
township's law director, purchase, lease, lease with an option to	2001
purchase, or otherwise provide any fire apparatus, mechanical	2002
resuscitators, or other equipment, appliances, materials, fire	2003
hydrants, and water supply for fire-fighting purposes that seems	2004
advisable to the board. The board shall provide for the care and	2005
maintenance of fire equipment, and, for these purposes, may	2006
purchase, lease, lease with an option to purchase, or construct	2007
and maintain necessary buildings, and it may establish and	2008
maintain lines of fire-alarm communications within the limits of	2009
the township. The board may employ one or more persons to maintain	2010
and operate fire-fighting equipment, or it may enter into an	2011
agreement with a volunteer fire company for the use and operation	2012
of fire-fighting equipment. The board may compensate the members	2013
of a volunteer fire company on any basis and in any amount that it	2014
considers equitable.	2015

(B) The boards of township trustees of any two or more	2016
townships, or the legislative authorities of any two or more	2017
political subdivisions, or any combination thereofof these, may,	2018
through joint action, unite in the joint purchase, lease, lease	2019
with an option to purchase, maintenance, use, and operation of	2020
fire-fighting equipment, or for any other purpose designated in	2021
sections 505.37 to 505.42 of the Revised Code, and may prorate the	2022
expense of the joint action on any terms that are mutually agreed	2023
upon.	2024

(C) The board of township trustees of any township may, by	2025
resolution, whenever it is expedient and necessary to guard	2026
against the occurrence of fires or to protect the property and	2027
lives of the citizens against damages resulting from their	2028
occurrence, create a fire district of any portions of the township	2029
that it considers necessary. The board may purchase, lease, lease	2030
with an option to purchase, or otherwise provide any fire	2031
apparatus, appliances, materials, fire hydrants, and water supply	2032
for fire-fighting purposes, or may contract for the fire	2033
protection for the fire district as provided in section 9.60 of	2034
the Revised Code. The fire district so created shall be given a	2035
separate name by which it shall be known.	2036

Additional unincorporated territory of the township may be	2037
added to a fire district upon the board's adoption of a resolution	2038
authorizing the addition. A municipal corporation that is within	2039
or adjoining the township may be added to a fire district upon the	2040
board's adoption of a resolution authorizing the addition and the	2041
municipal legislative authority's adoption of a resolution or	2042
ordinance requesting the addition of the municipal corporation to	2043
the fire district.	2044

If the township fire district imposes a tax, additional	2045
unincorporated territory of the township or a municipal	2046
corporation that is within or adjoining the township shall become	2047
part of the fire district only after all of the following have	2048
occurred:	2049

(1) Adoption by the board of township trustees of a	2050
resolution approving the expansion of the territorial limits of	2051
the district and, if the resolution proposes to add a municipal	2052
corporation, adoption by the municipal legislative authority of a	2053
resolution or ordinance requesting the addition of the municipal	2054
corporation to the district;	2055

(2) Adoption by the board of township trustees of a	2056
resolution recommending the extension of the tax to the additional	2057
territory;	2058

(3) Approval of the tax by the electors of the territory	2059
proposed for addition to the district.	2060

Each resolution of the board adopted under division (C)(2) of	2061
this section shall state the name of the fire district, a	2062
description of the territory to be added, and the rate and	2063
termination date of the tax, which shall be the rate and	2064
termination date of the tax currently in effect in the fire	2065
district.	2066

The board of trustees shall certify each resolution adopted	2067
under division (C)(2) of this section to the board of elections in	2068
accordance with section 5705.19 of the Revised Code. The election	2069
required under division (C)(3) of this section shall be held,	2070
canvassed, and certified in the manner provided for the submission	2071
of tax levies under section 5705.25 of the Revised Code, except	2072
that the question appearing on the ballot shall read:	2073

"Shall the territory within ........................	2074
(description of the proposed territory to be added) be added to	2075
........................ (name) fire district, and a property tax	2076
at a rate of taxation not exceeding ...... (here insert tax rate)	2077
be in effect for .......... (here insert the number of years the	2078
tax is to be in effect or "a continuing period of time," as	2079
applicable)?"	2080

If the question is approved by at least a majority of the	2081
electors voting on it, the joinder shall be effective as of the	2082
first day of July of the year following approval, and on that	2083
date, the township fire district tax shall be extended to the	2084
taxable property within the territory that has been added. If the	2085
territory that has been added is a municipal corporation and if it	2086
had adopted a tax levy for fire purposes, the levy is terminated	2087
on the effective date of the joinder.	2088

Any municipal corporation may withdraw from a township fire	2089
district created under division (C) of this section by the	2090
adoption by the municipal legislative authority of a resolution or	2091
ordinance ordering withdrawal. On the first day of July of the	2092
year following the adoption of the resolution or ordinance of	2093
withdrawal, the municipal corporation withdrawing ceases to be a	2094
part of the district, and the power of the fire district to levy a	2095
tax upon taxable property in the withdrawing municipal corporation	2096
terminates, except that the fire district shall continue to levy	2097
and collect taxes for the payment of indebtedness within the	2098
territory of the fire district as it was composed at the time the	2099
indebtedness was incurred.	2100

Upon the withdrawal of any municipal corporation from a	2101
township fire district created under division (C) of this section,	2102
the county auditor shall ascertain, apportion, and order a	2103
division of the funds on hand, moneys and taxes in the process of	2104
collection except for taxes levied for the payment of	2105
indebtedness, credits, and real and personal property, either in	2106
money or in kind, on the basis of the valuation of the respective	2107
tax duplicates of the withdrawing municipal corporation and the	2108
remaining territory of the fire district.	2109

A board of township trustees may remove unincorporated	2110
territory of the township from the fire district upon the adoption	2111
of a resolution authorizing the removal. On the first day of July	2112
of the year following the adoption of the resolution, the	2113
unincorporated township territory described in the resolution	2114
ceases to be a part of the district, and the power of the fire	2115
district to levy a tax upon taxable property in that territory	2116
terminates, except that the fire district shall continue to levy	2117
and collect taxes for the payment of indebtedness within the	2118
territory of the fire district as it was composed at the time the	2119
indebtedness was incurred.	2120

(D) The board of township trustees of any township, the board	2121
of fire district trustees of a fire district created under section	2122
505.371 of the Revised Code, or the legislative authority of any	2123
municipal corporation may purchase, lease, or lease with an option	2124
to purchase the necessary fire-fighting equipment, buildings, and	2125
sites for the township, fire district, or municipal corporation	2126
and issue securities for that purpose with maximum maturities as	2127
provided in section 133.20 of the Revised Code. The board of	2128
township trustees, board of fire district trustees, or legislative	2129
authority may also construct any buildings necessary to house	2130
fire-fighting equipment and issue securities for that purpose with	2131
maximum maturities as provided in section 133.20 of the Revised	2132
Code.	2133

The board of township trustees, board of fire district	2134
trustees, or legislative authority may issue the securities of the	2135
township, fire district, or municipal corporation, signed by the	2136
board or designated officer of the municipal corporation and	2137
attested by the signature of the township fiscal officer, fire	2138
district clerk, or municipal clerk, covering any deferred payments	2139
and payable at the times provided, which securities shall bear	2140
interest not to exceed the rate determined as provided in section	2141
9.95 of the Revised Code, and shall not be subject to Chapter 133.	2142
of the Revised Code. The legislation authorizing the issuance of	2143
the securities shall provide for levying and collecting annually	2144
by taxation, amounts sufficient to pay the interest on and	2145
principal of the securities. The securities shall be offered for	2146
sale on the open market or given to the vendor or contractor if no	2147
sale is made.	2148

Section 505.40 of the Revised Code does not apply to any	2149
securities issued, or any lease with an option to purchase entered	2150
into, in accordance with this division.	2151

(E) A board of township trustees of any township or a board	2152
of fire district trustees of a fire district created under section	2153
505.371 of the Revised Code may purchase a policy or policies of	2154
liability insurance for the officers, employees, and appointees of	2155
the fire department, fire district, or joint fire district	2156
governed by the board that includes personal injury liability	2157
coverage as to the civil liability of those officers, employees,	2158
and appointees for false arrest, detention, or imprisonment,	2159
malicious prosecution, libel, slander, defamation or other	2160
violation of the right of privacy, wrongful entry or eviction, or	2161
other invasion of the right of private occupancy, arising out of	2162
the performance of their duties.	2163

When a board of township trustees cannot, by deed of gift or	2164
by purchase and upon terms it considers reasonable, procure land	2165
for a township fire station that is needed in order to respond in	2166
reasonable time to a fire or medical emergency, the board may	2167
appropriate land for that purpose under sections 163.01 to 163.22	2168
of the Revised Code. If it is necessary to acquire additional	2169
adjacent land for enlarging or improving the fire station, the	2170
board may purchase, appropriate, or accept a deed of gift for the	2171
land for these purposes.	2172

(F) As used in this division, "emergency medical service	2173
organization" has the same meaning as in section 4766.01 of the	2174
Revised Code.	2175

A board of township trustees, by adoption of an appropriate	2176
resolution, may choose to have the Ohio medical transportation	2177
board license any emergency medical service organization it	2178
operates. If the board adopts such a resolution, Chapter 4766. of	2179
the Revised Code, except for sections 4766.06 and 4766.99 of the	2180
Revised Code, applies to the organization. All rules adopted under	2181
the applicable sections of that chapter also apply to the	2182
organization. A board of township trustees, by adoption of an	2183
appropriate resolution, may remove its emergency medical service	2184
organization from the jurisdiction of the Ohio medical	2185
transportation board.	2186

Sec. 505.373.  The township board of township trustees may,	2187
by resolution, adopt by incorporation by reference a standard code	2188
pertaining to fire, fire hazards, and fire prevention prepared and	2189
promulgated by the state or any department, board, or other agency	2190
of the state, or any such code prepared and promulgated by a	2191
public or private organization that publishes a model or standard	2192
code.	2193

After the adoption of such athe code by the board, a notice	2194
clearly identifying the code, stating the purpose of the code, and	2195
stating that a complete copy of the code is on file with the	2196
township clerkfiscal officer for inspection by the public and	2197
also on file in the law library of the county in which the	2198
township is located and that the clerkfiscal officer has copies	2199
available for distribution to the public at cost, shall be posted	2200
by the township clerkfiscal officer in five conspicuous places in	2201
the township for thirty days before becoming effective. The notice	2202
required by this section shall also be published in a newspaper of	2203
general circulation in the township once a week for three	2204
consecutive weeks. If the adopting township amends or deletes any	2205
provision of the code, the notice shall contain a brief summary of	2206
the deletion or amendment.	2207

If the agency that originally promulgated or published the	2208
code thereafter amends the code, any township that has adopted the	2209
code pursuant to this section may adopt the amendment or change by	2210
incorporation by reference in the same manner as provided for	2211
adoption of the original code.	2212

Sec. 505.47.  The board of township trustees may pay the cost	2213
of the construction, rebuilding, or repair of footbridges	2214
authorized by section 505.46 of the Revised Code out of any funds,	2215
unappropriated for any other purpose, in the township treasury.	2216
ShouldIf there be no funds in the township treasury available for	2217
suchthese purposes, then suchthe board may levy a tax for the	2218
purpose of procuring the necessary funds for the construction,	2219
rebuilding, or repair of suchthe footbridges, which. The tax	2220
shall be levied upon all of the taxable property in the township,	2221
and shall be certified, levied, and collected in the manner	2222
prescribed for other township taxes. The money so raised shall be	2223
paid over to the township clerkfiscal officer, and by him paid	2224
the fiscal officer shall pay it out on the order of the board,	2225
certified by such clerkthe fiscal officer. Such	2226

The tax shall not be levied until it has been approved by a	2227
majority of the qualified voters of the township, voting at any	2228
election at which the question shall be submitted. The	2229

Said election shall be called at a regular meeting of the	2230
board and shall be held within thirty days from the date of the	2231
resolution of the board calling the samefor it. Twenty days'	2232
notice of saidthe election shall be given by the posting of	2233
notices, by the clerk,fiscal officer in ten public places of the	2234
township. Provisions for holding the election shall be made by the	2235
board of elections, upon receiving notice from the clerkfiscal	2236
officer of the date and purpose of saidthe election.	2237

Sec. 505.511.  (A) A board of township trustees that operates	2238
a township police department or the board of township trustees of	2239
a township police district may, after police constables, the	2240
township police, a law enforcement agency with which the township	2241
contracts for police services, and the county sheriff or the	2242
sheriff's deputy have answered a combined total of three false	2243
alarms from the same commercial or residential security alarm	2244
system within the township in the same calendar year, cause the	2245
township clerkfiscal officer to mail the manager of the	2246
commercial establishment or the occupant, lessee, agent, or tenant	2247
of the residence a bill for each subsequent false alarm from the	2248
same alarm system during that year, to defray the costs incurred.	2249
The bill's amount shall be as follows:	2250

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

2251

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

2252

(3) For all false alarms in that year occurring after the	2253
fifth false alarm ...................................$150.00.	2254

If payment of the bill is not received within thirty days,	2255
the township clerkfiscal officer shall send a notice by certified	2256
mail to the manager and to the owner, if different, of the real	2257
estate of which the commercial establishment is a part, or to the	2258
occupant, lessee, agent, or tenant and to the owner, if different,	2259
of the real estate of which the residence is a part, indicating	2260
that failure to pay the bill within thirty days, or to show just	2261
cause why the bill should not be paid, will result in the	2262
assessment of a lien upon the real estate in the amount of the	2263
bill. If payment is not received within those thirty days or if	2264
just cause is not shown, the amount of the bill shall be entered	2265
upon the tax duplicate, shall be a lien upon the real estate from	2266
the date of the entry, and shall be collected as other taxes and	2267
returned to the township treasury to be earmarked for use for	2268
police services.	2269

The board of township trustees shall not cause the township	2270
clerkfiscal officer to send a bill pursuant to this division if a	2271
bill has already been sent pursuant to division (B) of this	2272
section for the same false alarm.	2273

(B) The county sheriff may, after the county sheriff or the	2274
sheriff's deputy, police constables, the township police, and a	2275
law enforcement agency with which the township contracts for	2276
police services have answered a combined total of three false	2277
alarms from the same commercial or residential security alarm	2278
system within the unincorporated area of the county in the same	2279
calendar year, mail the manager of the commercial establishment or	2280
the occupant, lessee, agent, or tenant of the residence a bill for	2281
each subsequent false alarm from the same alarm system during that	2282
year, to defray the costs incurred. The bill's amount shall be as	2283
follows:	2284

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

2285

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

2286

(3) For all false alarms in that year occurring after the	2287
fifth false alarm ...................................$150.00.	2288

If payment of the bill is not received within thirty days,	2289
the sheriff shall send a notice by certified mail to the manager	2290
and to the owner, if different, of the real estate of which the	2291
commercial establishment is a part, or to the occupant, lessee,	2292
agent, or tenant and to the owner, if different, of the real	2293
estate of which the residence is a part, indicating that failure	2294
to pay the bill within thirty days, or to show just cause why the	2295
bill should not be paid, will result in the assessment of a lien	2296
upon the real estate in the amount of the bill. If payment is not	2297
received within those thirty days or if just cause is not shown,	2298
the amount of the bill shall be entered upon the tax duplicate,	2299
shall be a lien upon the real estate from the date of the entry,	2300
and shall be collected as other taxes and returned to the county	2301
treasury.	2302

The sheriff shall not send a bill pursuant to this division	2303
if a bill has already been sent pursuant to division (A) of this	2304
section for the same false alarm.	2305

(C) As used in this section, "commercial establishment" has	2306
the same meaning as in section 505.391 of the Revised Code.	2307

Sec. 505.73. (A) The board of township trustees may, by	2308
resolution, adopt by incorporation by reference, administer, and	2309
enforce within the unincorporated area of the township an existing	2310
structures code pertaining to the repair and continued maintenance	2311
of structures and the premises of those structures. For that	2312
purpose, the board shall adopt any model or standard code prepared	2313
and promulgated by this state, any department, board, or agency of	2314
this state, or any public or private organization that publishes a	2315
recognized model or standard code on the subject. The board shall	2316
ensure that the code adopted governs subject matter not addressed	2317
by the state residential building code and that it is fully	2318
compatible with the state residential and nonresidential building	2319
codes the board of building standards adopts pursuant to section	2320
3781.10 of the Revised Code.	2321

(B) The board shall assign the duties of administering and	2322
enforcing the existing structures code to a township officer or	2323
employee who is trained and qualified for those duties and shall	2324
establish by resolution the minimum qualifications necessary to	2325
perform those duties.	2326

(C)(1) After the board adopts an existing structures code,	2327
the township clerkfiscal officer shall post a notice that clearly	2328
identifies the code, states the code's purpose, and states that a	2329
complete copy of the code is on file for inspection by the public	2330
with the township clerkfiscal officer and in the county law	2331
library and that the clerkfiscal officer has copies available for	2332
distribution to the public at cost.	2333

(2) The township clerkfiscal officer shall post the notice	2334
in five conspicuous places in the township for thirty days before	2335
the code becomes effective and shall publish the notice in a	2336
newspaper of general circulation in the township for three	2337
consecutive weeks. If the adopting township amends or deletes any	2338
provision of the code, the notice shall contain a brief summary of	2339
the deletion or amendment.	2340

(D) If the agency that originally promulgated or published	2341
the existing structures code amends the code, the board may adopt	2342
the amendment or change by incorporation by reference in the	2343
manner provided for the adoption of the original code.	2344

Sec. 505.86.  (A) As used in this section, "total cost" means	2345
any costs incurred due to the use of employees, materials, or	2346
equipment of the township, any costs arising out of contracts for	2347
labor, materials, or equipment, and costs of service of notice or	2348
publication required under this section.	2349

(B) A board of township trustees may provide for the removal,	2350
repair, or securance of buildings or other structures in the	2351
township that have been declared insecure, unsafe, or structurally	2352
defective by any fire department under contract with the township	2353
or by the county building department or other authority	2354
responsible under Chapter 3781. of the Revised Code for the	2355
enforcement of building regulations or the performance of building	2356
inspections in the township, or buildings or other structures that	2357
have been declared unfit for human habitation by the board of	2358
health of the general health district of which the township is a	2359
part.	2360

At least thirty days prior to the removal, repair, or	2361
securance of any insecure, unsafe, or structurally defective	2362
building, the board of township trustees shall give notice by	2363
certified mail of its intention with respect to suchthe removal,	2364
repair, or securance to the holders of legal or equitable liens of	2365
record upon the real property on which suchthe building is	2366
located and to owners of record of suchthe property. If the	2367
owner's address is unknown and cannot reasonably be obtained, it	2368
is sufficient to publish the notice once in a newspaper of general	2369
circulation in the township. The owners of record of suchthe	2370
property or the holders of liens of record upon suchthe property	2371
may enter into an agreement with the board to perform the removal,	2372
repair, or securance of the insecure, unsafe, or structurally	2373
defective building. If an emergency exists, as determined by the	2374
board, notice may be given other than by certified mail and less	2375
than thirty days prior to suchthe removal, repair, or securance.	2376

(C) A board may collect the total cost of removing,	2377
repairing, or securing buildings or other structures that have	2378
been declared insecure, unsafe, structurally defective, or unfit	2379
for human habitation, or of making emergency corrections of	2380
hazardous conditions, by either of the following methods:	2381

(1) The board may have the clerkfiscal officer of the	2382
township certify the total costs, together with a proper	2383
description of the lands to the county auditor who shall place the	2384
costs upon the tax duplicate. The costs are a lien upon suchthe	2385
lands from and after the date of entry. The costs shall be	2386
collected as other taxes and returned to the township general	2387
fund.	2388

(2) The board may commence a civil action to recover the	2389
total costs from the owner.	2390

(D) Any board may, whenever a policy or policies of insurance	2391
are in force providing coverage against the peril of fire on a	2392
building or structure and the loss agreed to between the named	2393
insured or insureds and the company or companies is more than five	2394
thousand dollars and equals or exceeds sixty per cent of the	2395
aggregate limits of liability on all fire policies covering the	2396
building or structure on the property, accept security payments	2397
and follow the procedures of divisions (C) and (D) of section	2398
3929.86 of the Revised Code.	2399

Sec. 507.01.  A township clerkfiscal officer shall be	2400
elected at the general election in 19512007, and quadrennially	2401
thereafter in each township, and hethe fiscal officer shall hold	2402
his office for a term of four years commencing on the first day of	2403
April next after his election.	2404

Sec. 507.02.  When a township clerkfiscal officer is unable	2405
to carry out the duties of his office because of illness, because	2406
he has enteredof entering the military service of the United	2407
States, or because hethe fiscal officer is otherwise	2408
incapacitated or disqualified, the board of township trustees	2409
shall appoint a deputy clerkfiscal officer, who shall have full	2410
power to discharge the duties of suchthe office. SuchThe deputy	2411
clerkfiscal officer shall serve during the period of time the	2412
clerkfiscal officer is absent or incapacitated, or until a	2413
successor clerkfiscal officer is elected and qualified. Before	2414
entering on the discharge of hisofficial duties, the deputy clerk	2415
fiscal officer shall give bond, for the faithful discharge of his	2416
official duties, as required under section 507.03 of the Revised	2417
Code. The board shall, by resolution, adjust and determine the	2418
compensation of the clerkfiscal officer and deputy clerkfiscal	2419
officer. The total compensation of both the clerkfiscal officer	2420
and any deputy clerkfiscal officer shall not exceed the sums	2421
fixed by section 507.09 of the Revised Code in any one year.	2422

Sec. 507.021. (A) The township clerkfiscal officer may hire	2423
and appoint one or more persons as the clerkfiscal officer finds	2424
necessary to provide assistance to the township clerkfiscal	2425
officer or deputy clerkfiscal officer. The township clerkfiscal	2426
officer may set the compensation of those persons subject to the	2427
prior approval of the board of township trustees. Those persons	2428
shall serve at the pleasure of the township clerkfiscal officer	2429
or, in the absence of the clerktownship fiscal officer, the	2430
deputy clerkfiscal officer. The township clerkfiscal officer may	2431
delegate to an assistant any of the duties the clerkfiscal	2432
officer is otherwise required to perform. The appointment of	2433
assistants under this section does not relieve the township clerk	2434
fiscal officer of responsibility to discharge the duties of the	2435
office but shall serve to provide assistance to the clerkfiscal	2436
officer in performing those duties.	2437

(B) The compensation of an assistant appointed under this	2438
section shall be included in the estimate of contemplated	2439
expenditures for the township clerk'sfiscal officer's office that	2440
is submitted to the board of township trustees for approval as	2441
provided in section 5705.28 of the Revised Code.	2442

(C) Before serving, an assistant to the township clerkfiscal	2443
officer shall give bond for the faithful discharge of the duties	2444
of the office as may be delegated by the clerkfiscal officer. The	2445
bond shall be payable to the board of township trustees and shall	2446
be for the same sum as required under section 507.03 of the	2447
Revised Code for the township clerkfiscal officer, with sureties	2448
approved by the board, and conditioned for the faithful	2449
performance of duties delegated by the clerkfiscal officer. The	2450
bond shall be recorded by the township clerkfiscal officer, filed	2451
with the county treasurer, and carefully preserved.	2452

Sec. 507.03.  The township clerkfiscal officer, before	2453
entering upon the discharge of official duties, shall give a bond,	2454
payable to the board of township trustees, with sureties approved	2455
by the board, in the sum determined by the board but not less than	2456
the sum provided in this section, and conditioned for the faithful	2457
performance of the duties of the office of township clerkfiscal	2458
officer. This bond shall be recorded by the clerktownship fiscal	2459
officer, filed with the county treasurer, and carefully preserved.	2460

The minimum sum of the township clerk'sfiscal officer's bond	2461
shall be as follows:	2462

(A) In a township with a budget of fifty thousand dollars or	2463
less, ten thousand dollars;	2464

(B) In a township with a budget of more than fifty thousand	2465
dollars but not more than one hundred thousand dollars,	2466
thirty-five thousand dollars;	2467

(C) In a township with a budget of more than one hundred	2468
thousand dollars but not more than two hundred fifty thousand	2469
dollars, sixty thousand dollars;	2470

(D) In a township with a budget of more than two hundred	2471
fifty thousand dollars but not more than five hundred thousand	2472
dollars, eighty-five thousand dollars;	2473

(E) In a township with a budget of more than five hundred	2474
thousand dollars but not more than seven hundred fifty thousand	2475
dollars, one hundred ten thousand dollars;	2476

(F) In a township with a budget of more than seven hundred	2477
fifty thousand dollars but not more than one million five hundred	2478
thousand dollars, one hundred thirty-five thousand dollars;	2479

(G) In a township with a budget of more than one million five	2480
hundred thousand dollars but not more than three million five	2481
hundred thousand dollars, one hundred sixty thousand dollars;	2482

(H) In a township with a budget of more than three million	2483
five hundred thousand dollars but not more than six million	2484
dollars, one hundred ninety-five thousand dollars;	2485

(I) In a township with a budget of more than six million	2486
dollars but not more than ten million dollars, two hundred twenty	2487
thousand dollars;	2488

(J) In a township with a budget of more than ten million	2489
dollars, two hundred fifty thousand dollars.	2490

Sec. 507.04.  (A) The township clerkfiscal officer shall	2491
keep an accurate record of the proceedings of the board of	2492
township trustees at all of its meetings, and of all its accounts	2493
and transactions, including the acceptance of the bonds of	2494
township officers. The clerktownship fiscal officer shall	2495
personally attend at least one meeting of the board during each	2496
quarter of every year, unless prevented by the occurrence of an	2497
emergency from attending.	2498

(B) In any township where the clerktownship fiscal officer	2499
does not keep the township's records in a public facility, the	2500
board of township trustees, once each quarter of each year, may	2501
request the clerkfiscal officer to provide the board with copies	2502
of township records for its review. If the board makes such a	2503
request, it shall tell the clerktownship fiscal officer which	2504
records it wants copies of by indicating the dates or types of the	2505
records it is requesting. A request made under this section does	2506
not diminish any trustee's right to inspect township records under	2507
division (B) of section 149.43 of the Revised Code.	2508

Sec. 507.05.  The township clerkfiscal officer shall, in	2509
addition to the books for the record of the proceedings of the	2510
board of township trustees, be provided by the township with a	2511
book for the record of township roads, a book for the record of	2512
marks and brands, and a book for the record of official oaths and	2513
bonds of township officers.	2514

Sec. 507.051.  The clerkfiscal officer of a township shall	2515
notify the board of elections of all vacancies caused by death,	2516
resignation, or otherwise in the elective offices of the township.	2517
SuchThe notification shall be made in writing and filed, not	2518
later than ten days after thea vacancy occurs, with the board of	2519
elections of the county in which the township is located.	2520

The clerkfiscal officer of a township shall notify the board	2521
of elections of all changes in boundaries of that township. Such	2522
The notification shall be made in writing and, contain a plat	2523
clearly showing all boundary changes, and shall be filed, not	2524
later than ten days after the change of boundaries becomes	2525
effective, with the board of electionelections of the county in	2526
which the township is located.	2527

Sec. 507.06.  The township clerkfiscal officer may	2528
administer oaths, and take and certify affidavits which, that	2529
pertain to the business of histhe township or of the board of	2530
education of histhe fiscal officer's local school district, or	2531
are connected with the official business of either the township or	2532
the local school district, including the official oaths of	2533
township and school officers, and oaths required in the execution,	2534
verification, and renewal of chattel mortgagessecurity interests.	2535

Sec. 507.07.  Immediately after the township officers have	2536
made their annual settlement of accounts, the township clerk	2537
fiscal officer shall make and enter in the record of the	2538
proceedings of the board of township trustees, a detailed	2539
statement of the receipts and expenditures of the township for the	2540
preceding year, the amount of money received and expended for such	2541
purposes in each such district in the township, and the receipts	2542
and expenditures of the board of education of the local school	2543
district. Such clerkThe fiscal officer shall state from what	2544
source the moneys were received, to whom they were paid, for what	2545
they were expended, and, in detail, all liabilities. On the	2546
morning of the first Tuesday after the first Monday in November,	2547
each year, the clerkfiscal officer shall post a copy of suchthe	2548
statement at each place of holding township elections.	2549

Sec. 507.08.  Official bonds of constables, as soon as	2550
approved by the board of township trustees, and before being	2551
filed, shall be recorded by the township clerkfiscal officer in	2552
the book kept for that purpose.	2553

A copy of such a recorded bond, certified by the clerkfiscal	2554
officer, shall be admitted in any court in this state, as	2555
evidence, the same as the original bond.	2556

For recording such a bond, the clerkfiscal officer shall	2557
receive the sum of fifty cents from the party giving the bond, and	2558
for each copy heof such a bond, the fiscal officer shall receive	2559
the same fee from the party demanding suchthe copy.	2560

Sec. 507.09.  (A) Except as otherwise provided in division	2561
(D) of this section, the township clerkfiscal officer shall be	2562
entitled to compensation as follows:	2563

(1) In townships having a budget of fifty thousand dollars or	2564
less, three thousand five hundred dollars;	2565

(2) In townships having a budget of more than fifty thousand	2566
but not more than one hundred thousand dollars, five thousand five	2567
hundred dollars;	2568

(3) In townships having a budget of more than one hundred	2569
thousand but not more than two hundred fifty thousand dollars,	2570
seven thousand seven hundred dollars;	2571

(4) In townships having a budget of more than two hundred	2572
fifty thousand but not more than five hundred thousand dollars,	2573
nine thousand nine hundred dollars;	2574

(5) In townships having a budget of more than five hundred	2575
thousand but not more than seven hundred fifty thousand dollars,	2576
eleven thousand dollars;	2577

(6) In townships having a budget of more than seven hundred	2578
fifty thousand but not more than one million five hundred thousand	2579
dollars, thirteen thousand two hundred dollars;	2580

(7) In townships having a budget of more than one million	2581
five hundred thousand but not more than three million five hundred	2582
thousand dollars, fifteen thousand four hundred dollars;	2583

(8) In townships having a budget of more than three million	2584
five hundred thousand dollars but not more than six million	2585
dollars, sixteen thousand five hundred dollars;	2586

(9) In townships having a budget of more than six million	2587
dollars, seventeen thousand six hundred dollars.	2588

(B) Any township clerkfiscal officer may elect to receive	2589
less than the compensation the clerkfiscal officer is entitled to	2590
under division (A) of this section. Any clerktownship fiscal	2591
officer electing to do this shall so notify the board of township	2592
trustees in writing, and the board shall include this notice in	2593
the minutes of its next board meeting.	2594

(C) The compensation of the township clerkfiscal officer	2595
shall be paid in equal monthly payments. If the office of clerk	2596
township fiscal officer is held by more than one person during any	2597
calendar year, each person holding the office shall receive	2598
payments for only those months, and any fractions of those months,	2599
during which the person holds the office.	2600

(D) Beginning in calendar year 1999, the township clerk	2601
fiscal officer shall be entitled to compensation as follows:	2602

(1) In calendar year 1999, the compensation specified in	2603
division (A) of this section increased by three per cent;	2604

(2) In calendar year 2000, the compensation determined under	2605
division (D)(1) of this section increased by three per cent;	2606

(3) In calendar year 2001, the compensation determined under	2607
division (D)(2) of this section increased by three per cent;	2608

(4) In calendar year 2002, except in townships having a	2609
budget of more than six million dollars, the compensation	2610
determined under division (D)(3) of this section increased by	2611
three per cent; in townships having a budget of more than six	2612
million but not more than ten million dollars, nineteen thousand	2613
eight hundred ten dollars; and in townships having a budget of	2614
more than ten million dollars, twenty thousand nine hundred	2615
dollars;	2616

(5) In calendar year 2003, the compensation determined under	2617
division (D)(4) of this section increased by three per cent or the	2618
percentage increase in the consumer price index as described in	2619
division (D)(7)(b) of this section, whichever percentage is lower;	2620

(6) In calendar year 2004, except in townships having a	2621
budget of more than six million dollars, the compensation	2622
determined under division (D)(5) of this section for the calendar	2623
year 2003 increased by three per cent or the percentage increase	2624
in the consumer price index as described in division (D)(7)(b) of	2625
this section, whichever percentage is lower; in townships having a	2626
budget of more than six million but not more than ten million	2627
dollars, twenty-two thousand eighty-seven dollars; and in	2628
townships having a budget of more than ten million dollars,	2629
twenty-five thousand five hundred fifty-three dollars;	2630

(7) In calendar years 2005 through 2008, the compensation	2631
determined under division (D) of this section for the immediately	2632
preceding calendar year increased by the lesser of the following:	2633

(a) Three per cent;

2634

(b) The percentage increase, if any, in the consumer price	2635
index over the twelve-month period that ends on the thirtieth day	2636
of September of the immediately preceding calendar year, rounded	2637
to the nearest one-tenth of one per cent;	2638

(8) In calendar year 2009 and thereafter, the amount	2639
determined under division (D) of this section for calendar year	2640
2008.	2641

As used in this division, "consumer price index" has the same	2642
meaning as in section 325.18 of the Revised Code.	2643

Sec. 507.11.  (A) The board of township trustees may	2644
authorize, by resolution, township officers and employees to incur	2645
obligations of two thousand five hundred dollars or less on behalf	2646
of the township, or it may authorize, by resolution, the township	2647
administrator to so authorize township officers and employees. The	2648
obligations incurred on behalf of the township by a township	2649
officer or employee acting pursuant to any such resolution shall	2650
be subsequently approved by the adoption of a formal resolution of	2651
the board of township trustees.	2652

(B) No money belonging to the township shall be paid out,	2653
except upon an order signed by at least two of the township	2654
trustees, and countersigned by the township clerkfiscal officer.	2655

Sec. 509.02.  Each constable, before entering upon the	2656
discharge of hisofficial duties, shall give bond to the state in	2657
a sum of not less than five hundred nor more than two thousand	2658
dollars, conditioned for the faithful and diligent discharge of	2659
hisofficial duties, and with sureties resident of the township.	2660
The amount of suchthe bond and its sureties shall be approved by	2661
the board of township trustees. SuchThe bond shall be deposited	2662
with the township clerkfiscal officer.	2663

Sec. 511.21.  Upon the filing of the report of the board of	2664
park commissioners as provided by section 511.20 of the Revised	2665
Code, the board of township trustees shall direct the township	2666
clerkfiscal officer to give thirty days' notice, by posting in	2667
five public places in the township and by publication in one or	2668
more newspapers of general circulation in the township, that an	2669
election will be held at the next general election to determine	2670
whether one or more public parks are to be established within the	2671
township, and the estimated cost of the land recommended for that	2672
purpose.	2673

Sec. 511.22.  The board of township trustees shall direct the	2674
township clerkfiscal officer to file a written notice, not later	2675
than four p.m. of the seventy-fifth day before the day of the	2676
election, with the board of elections having charge of the	2677
preparation of official ballots, that an election will be held as	2678
provided in section 511.21 of the Revised Code and that the	2679
following shall be printed on the ballot:	2680

	"YES		SHALL A PUBLIC PARK		2681
	NO		OR PUBLIC PARKS BE ESTABLISHED IN		2682
			.....(NAME)..... TOWNSHIP?"		2683

If a majority of the votes is in favor of the proposition, a	2684
park or parks shall be established for the township. If a majority	2685
of the votes cast is against the proposition, the board of park	2686
commissioners shall be abolished, and the board of township	2687
trustees shall provide for and pay all the proper expenses	2688
incurred by it.	2689

Sec. 511.33.  In paying any expenses of park management and	2690
of improvements authorized by section 511.32 of the Revised Code,	2691
the board of township trustees may appropriate and use for such	2692
these purposes any funds in the township treasury then	2693
unappropriated for any other purpose. ShouldIf there beare no	2694
available funds in the treasury or an insufficient amount to pay	2695
for the desired park management and improvements in any year, the	2696
board may levy a tax in order to pay for suchthe park management	2697
and improvements. The tax shall be levied upon all of the taxable	2698
property in the township and shall be certified, levied, and	2699
collected in the manner prescribed for the certification, levy,	2700
and collection of other township taxes. The money so raised shall	2701
be paid over to the township clerkfiscal officer, and the fiscal	2702
officer shall be paidpay the money out by him on the order of the	2703
board. If a sum greater than two thousand dollars is to be	2704
expended by the board for park management and improvement purposes	2705
in any one year, and suchthe sum is not available from any	2706
unappropriated money in the township treasury, the question of	2707
levying suchthe additional tax shall, before making a levy which	2708
that will amount to more than two thousand dollars, be submitted	2709
to and approved by a majority of the electors of the township	2710
voting on the question. If suchthe election is necessary, it	2711
shall be called at a regular meeting of the board, and suchthe	2712
resolution shall be certified to the board of elections not later	2713
than four p.m. of the seventy-fifth day before the day of the	2714
election.	2715

Twenty days' notice of suchthe election shall be given by	2716
the posting of notices thereofof the election by the township	2717
clerkfiscal officer in ten public places in the township, and	2718
provisions for holding the election shall be made by the board of	2719
elections upon receiving notice of the date and purpose of such	2720
the election from the clerkfiscal officer. This section and	2721
section 511.32 of the Revised Code do not repeal, affect, or	2722
modify any law relating to park commissioners, or prevent the	2723
appointment of park commissioners in the future.	2724

Sec. 513.04. WhereIf a tax has been levied for hospital	2725
purposes, the county auditor shall certify, at the semiannual	2726
collection of taxes, the amount collected from suchthe levy to	2727
the township clerkfiscal officer, who shall forthwith draw hisa	2728
warrant for suchthe amount on the township treasury, payable to	2729
the treasurer of the hospital association or to the municipal	2730
corporation.	2731

Sec. 515.02.  When the owners of more than one-half of the	2732
feet front, of the lots and lands abutting on the streets and	2733
public ways of any unincorporated district in a township, sign a	2734
petition for artificial lighting of the streets and public ways in	2735
suchthe district, and file it with the township clerkfiscal	2736
officer, such clerkthe fiscal officer shall thereupon give notice	2737
to the board of township trustees a notice of the filing of such	2738
the petition, together withand a copy thereofof it.	2739

Sec. 515.04.  The township clerkfiscal officer shall fix a	2740
day, not more than thirty days from the date of notice to the	2741
board of township trustees, for the hearing of the petition	2742
provided for by section 515.02 of the Revised Code. Such clerkThe	2743
township fiscal officer shall prepare and deliver to any of the	2744
petitioners, a notice in writing directed to the lot and land	2745
owners and to the corporations, either public or private, affected	2746
by the improvement. SuchThe notice shall set forth the substance,	2747
pendency, and prayer of the petition, and the time and place of	2748
the hearing thereonon it.	2749

A copy of suchthe notice shall be served upon each lot or	2750
land owner or left at histhe lot or land owner's usual place of	2751
residence, and upon an officer or agent of each such corporation	2752
having its place of business in suchthe district, at least	2753
fifteen days before the date set for the hearing. On or before the	2754
day of the hearing, the person serving suchthe notice shall make	2755
return thereonon it, under oath, of the time and manner of	2756
service, and shall file suchthe return with the clerktownship	2757
fiscal officer.	2758

The clerktownship fiscal officer shall give suchthe notice	2759
to each nonresident lot or land owner, by publication once, in a	2760
newspaper published in and of general circulation in the county in	2761
which the district is situated, at least two weeks before the day	2762
set for hearing. SuchThe notice shall be verified by affidavit of	2763
the printer or other person knowing the fact, and shall be filed	2764
with the clerktownship fiscal officer on or before the day of	2765
hearing. No further notice of the petition or the proceedings	2766
thereunderunder it shall thereafter be required.	2767

Sec. 515.081.  The board of township trustees, at the	2768
expiration of an existing contract for lighting, may award a new	2769
contract pursuant to section 515.07 of the Revised Code, unless	2770
the owners of lots and lands, containing in excess of fifty per	2771
cent of the front feet abutting on the streets and public ways of	2772
saidthe unincorporated district in the township sign a petition	2773
for the discontinuance of the artificial lighting and file the	2774
petition with the township clerkfiscal officer not less than	2775
thirty days prior to the expiration of the existing contract.	2776

Sec. 515.12.  (A) All officers shall receive for services	2777
performed under sections 515.01 to 515.11 of the Revised Code, the	2778
same fees allowed for other similar services.	2779

The township clerkfiscal officer shall receive for suchthe	2780
fiscal officer's services the sum of fifty cents from each lot or	2781
land owner for whom a notice is prepared and the sum of fifty	2782
cents for each annual assessment certified to the county auditor.	2783
All	2784

All payments hereunder for the services of township officials	2785
shall be included in the cost of the lighting district and	2786
assessed against the property. SuchThe compensation shall be in	2787
addition to all other compensation provided by law.	2788

(B) The board of township trustees may, by resolution, employ	2789
additional personnel in place of the township clerkfiscal officer	2790
to prepare and certify notices for each lot or land owner and	2791
shall pay a reasonable sum not to exceed fifty cents for each lot	2792
or land owner for whom a notice is prepared and a reasonable sum	2793
not to exceed fifty cents for each annual assessment certified to	2794
the county auditor. The actual cost of suchthe additional	2795
personnel shall be assessed proportionately against each lot or	2796
land owner and shall be included in the cost of the lighting	2797
district.	2798

Sec. 517.05.  On the making of an order or the filing of an	2799
application as provided by section 517.04 of the Revised Code, the	2800
clerktownship fiscal officer shall certify suchthe order or	2801
application to the board of elections not later than four p.m. of	2802
the seventy-fifth day before the day of the election, and, at	2803
least twenty days before an election, the township clerkfiscal	2804
officer shall post written notices in at least three public places	2805
in the township, that a vote will be taken on the question of the	2806
establishment of a cemetery. If a majority of the votes cast at	2807
suchthe election on the proposition is in favor thereofof	2808
establishing a cemetery, the board of township trustees shall	2809
procure the lands for that purpose and levy taxes as provided by	2810
section 517.03 of the Revised Code.	2811

Sec. 517.06.  The board of township trustees shall have the	2812
cemetery laid out in lots, avenues, and paths, and shall number	2813
the lots, and shall have a suitable plat thereofof the lots made,	2814
which plat shall be carefully kept by the township clerkfiscal	2815
officer. SuchThe board shall make and enforce all needful rules	2816
and regulations for the division of suchthe cemetery into lots,	2817
for the allotment thereofof lots to families or individuals, and	2818
for the care, supervision, and improvement thereof, and suchof	2819
the lots. The board shall require the grass and weeds in the	2820
cemetery to be cut and destroyed at least twice each year.	2821
Suitable	2822

Suitable provision shall be made in suchthe cemetery for	2823
persons whose burial is at the expense of the township.	2824

Sec. 517.07.  Upon application, the board of township	2825
trustees shall sell at a reasonable price suchthe number of lots	2826
as public wants demand for burial purposes. Purchasers of lots,	2827
upon complying with the terms of sale, may receive deeds therefor	2828
for the lots which the board shall execute, and which shall be	2829
recorded by the township clerkfiscal officer in a book for that	2830
purpose, and the. The expense of recording shall be paid by the	2831
person receiving the deed. Upon the application of a head of a	2832
family living in the township, the board shall, without charge,	2833
make and deliver to suchthe applicant a deed for a suitable lot	2834
for the burial of histhe applicant's family, if, in the opinion	2835
of the board and by reason of the circumstances of the family,	2836
suchthe payment would be oppressive.	2837

The terms of sale and any deed for lots executed after the	2838
effective date of this amendmentJuly 24, 1986, may include the	2839
following requirements:	2840

(A) The grantee shall provide to the board of township	2841
trustees, in writing, a list of the names and addresses of the	2842
persons to whom the grantee's property would pass by intestate	2843
succession.	2844

(B) The grantee shall notify the board in writing of any	2845
subsequent changes in the name or address of any persons to whom	2846
property would descend.	2847

(C) Any person who receives a township cemetery lot by gift,	2848
inheritance, or any other means other than the original conveyance	2849
shall, within one year after receiving suchthe interest, give	2850
written notice of histhe person's name and address to the board	2851
having control of the cemetery, and shall notify the board of any	2852
subsequent changes in histhe person's name or address.	2853

The terms of sale and any deed for any lots executed in	2854
compliance with the notification requirements set forth in	2855
divisions (A), (B), and (C) of this section shall state that the	2856
board of township trustees shall have right of reentry to the	2857
cemetery lot if the notification requirements are not met. At	2858
least ninety days before establishing reentry, the board shall	2859
send a notice by certified mail to the last known owner at histhe	2860
owner's last known address to inform himthe owner that histhe	2861
owner's interest in the lot will cease unless the notification	2862
requirements are met. If the owner's address is unknown and cannot	2863
reasonably be obtained, it is sufficient to publish the notice	2864
once in a newspaper of general circulation in the county. In order	2865
to establish reentry, the board shall pass a resolution stating	2866
that the conditions of the sale or of the deed have not been	2867
fulfilled, and that the board reclaims its interest in the lot.	2868

The board may limit the terms of sale or the deed for a	2869
cemetery lot by specifying that the owner, a member of the owner's	2870
family, or an owner's descendant must use the lot, or at least one	2871
burial place within the lot, within a specified time period. The	2872
board may specify this time period to be at least twenty but not	2873
more than fifty years, with right of renewal provided at no cost.	2874
At least ninety days prior to the termination date for use of the	2875
cemetery lot, the board shall send a notice to the owner to inform	2876
himthe owner that histhe owner's interest in the lot will cease	2877
on the termination date unless hethe owner contracts for renewal	2878
by that date. The board shall send the notice by certified mail to	2879
the owner if the owner is a resident of the township or is a	2880
nonresident whose address is known. If the owner's address is	2881
unknown and cannot reasonably be obtained, it is sufficient to	2882
publish the notice once in a newspaper of general circulation in	2883
the county.	2884

The terms of sale and any deed for lots conveyed with a	2885
termination date shall state that the board shall have right of	2886
reentry to the lot at the end of the specified time period if the	2887
lot is not used within this time period or renewed for an extended	2888
period. In order to establish reentry, the board shall pass a	2889
resolution stating that the conditions of the sale or of the deed	2890
have not been fulfilled, and that the board reclaims its interest	2891
in the lot. The board shall compensate owners of unused lots who	2892
do not renew the terms of sale or the deed by paying the owner	2893
eighty per cent of the purchase price. The board may repurchase	2894
any cemetery lot from its owner at any time at a price that is	2895
mutually agreed upon by the board and the owner.	2896

Sec. 519.16.  For the purpose of enforcing the zoning	2897
regulations, the board of township trustees may provide for a	2898
system of zoning certificates, and for this purpose may establish	2899
and fill the position of township zoning inspector, together with	2900
such assistants as the board deems necessary, may fix the	2901
compensation for suchthose positions, and may make disbursements	2902
for them. The township clerkfiscal officer may be appointed	2903
secretary of the township zoning commission, secretary of the	2904
township board of zoning appeals, and zoning inspector, and hethe	2905
fiscal officer may receive compensation for suchthe fiscal	2906
officer's services in addition to other compensation allowed by	2907
law.	2908

Sec. 519.161.  The township zoning inspector, before entering	2909
upon the duties of his office, shall give bond, signed by a	2910
bonding or surety company authorized to do business in this state,	2911
or, at histhe inspector's option, signed by two or more	2912
freeholders having real estate in the value of double the amount	2913
of the bond, over and above all incumbrancesencumbrances to the	2914
state, in the sum of not less than one thousand or more than five	2915
thousand dollars as fixed by the board of township trustees. Such	2916
The surety company or real estate bond shall be approved by the	2917
board of township trustees, and the bond shall be conditioned upon	2918
the faithful performance of suchthe zoning inspector's official	2919
duties. SuchThe bond shall be deposited with the township clerk	2920
fiscal officer.	2921

Sec. 519.211.  (A) Except as otherwise provided in division	2922
(B) or (C) of this section, sections 519.02 to 519.25 of the	2923
Revised Code confer no power on any board of township trustees or	2924
board of zoning appeals in respect to the location, erection,	2925
construction, reconstruction, change, alteration, maintenance,	2926
removal, use, or enlargement of any buildings or structures of any	2927
public utility or railroad, whether publicly or privately owned,	2928
or the use of land by any public utility or railroad, for the	2929
operation of its business.	2930

(B)(1) As used in this division, "telecommunications tower"	2931
means any free-standing structure, or any structure to be attached	2932
to a building or other structure, that meets all of the following	2933
criteria:	2934

(a) The free-standing or attached structure is proposed to be	2935
constructed on or after October 31, 1996.	2936

(b) The free-standing or attached structure is proposed to be	2937
owned or principally used by a public utility engaged in the	2938
provision of telecommunications services.	2939

(c) The free-standing or attached structure is proposed to be	2940
located in an unincorporated area of a township, in an area zoned	2941
for residential use.	2942

(d)(i) The free-standing structure is proposed to top at a	2943
height that is greater than either the maximum allowable height of	2944
residential structures within the zoned area as set forth in the	2945
applicable zoning regulations, or the maximum allowable height of	2946
such a free-standing structure as set forth in any applicable	2947
zoning regulations in effect immediately prior to October 31,	2948
1996, or as those regulations subsequently are amended.	2949

(ii) The attached structure is proposed to top at a height	2950
that is greater than either the height of the building or other	2951
structure to which it is to be attached, or the maximum allowable	2952
height of such an attached structure as set forth in any	2953
applicable zoning regulations in effect immediately prior to	2954
October 31, 1996, or as those regulations subsequently are	2955
amended.	2956

(e) The free-standing or attached structure is proposed to	2957
have attached to it radio frequency transmission or reception	2958
equipment.	2959

(2) Sections 519.02 to 519.25 of the Revised Code confer	2960
power on a board of township trustees or board of zoning appeals	2961
with respect to the location, erection, construction,	2962
reconstruction, change, alteration, removal, or enlargement of a	2963
telecommunications tower, but not with respect to the maintenance	2964
or use of such a tower or any change or alteration that would not	2965
substantially increase the tower's height. However, the power so	2966
conferred shall apply to a particular telecommunications tower	2967
only upon the provision of a notice, in accordance with division	2968
(B)(4)(a) of this section, to the person proposing to construct	2969
the tower.	2970

(3) Any person who plans to construct a telecommunications	2971
tower in an area subject to township zoning regulations shall	2972
provide both of the following by certified mail:	2973

(a) Written notice to each owner of property, as shown on the	2974
county auditor's current tax list, whose land is contiguous to or	2975
directly across a street or roadway from the property on which the	2976
tower is proposed to be constructed, stating all of the following	2977
in clear and concise language:	2978

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

2979

(ii) A description of the property sufficient to identify the	2980
proposed location;	2981

(iii) That, no later than fifteen days after the date of	2982
mailing of the notice, any such property owner may give written	2983
notice to the board of township trustees requesting that sections	2984
519.02 to 519.25 of the Revised Code apply to the proposed	2985
location of the tower as provided under division (B)(4)(a) of this	2986
section.	2987

If the notice to a property owner is returned unclaimed or	2988
refused, the person shall mail the notice by regular mail. The	2989
failure of delivery of the notice does not invalidate the notice.	2990

(b) Written notice to the board of township trustees of the	2991
information specified in divisions (B)(3)(a)(i) and (ii) of this	2992
section. The notice to the board also shall include verification	2993
that the person has complied with division (B)(3)(a) of this	2994
section.	2995

(4)(a) If the board of township trustees receives notice from	2996
a property owner under division (B)(3)(a)(iii) of this section	2997
within the time specified in that division or if a board member	2998
makes an objection to the proposed location of the	2999
telecommunications tower within fifteen days after the date of	3000
mailing of the notice sent under division (B)(3)(b) of this	3001
section, the board shall request that the clerkfiscal officer of	3002
the township send the person proposing to construct the tower	3003
written notice that the tower is subject to the power conferred by	3004
and in accordance with division (B)(2) of this section. The notice	3005
shall be sent no later than five days after the earlier of the	3006
date the board first receives such a notice from a property owner	3007
or the date upon which a board member makes an objection. Upon the	3008
date of mailing of the notice to the person, sections 519.02 to	3009
519.25 of the Revised Code shall apply to the tower.	3010

(b) If the board of township trustees receives no notice	3011
under division (B)(3)(a)(iii) of this section within the time	3012
prescribed by that division or no board member has an objection as	3013
provided under division (B)(4)(a) of this section within the time	3014
prescribed by that division, division (A) of this section shall	3015
apply to the tower without exception.	3016

(C) Sections 519.02 to 519.25 of the Revised Code confer	3017
power on a board of township trustees or board of zoning appeals	3018
with respect to the location, erection, construction,	3019
reconstruction, change, alteration, maintenance, removal, use, or	3020
enlargement of any buildings or structures of a public utility	3021
engaged in the business of transporting persons or property, or	3022
both, or providing or furnishing such transportation service, over	3023
any public street, road, or highway in this state, and with	3024
respect to the use of land by any such public utility for the	3025
operation of its business, to the extent that any exercise of such	3026
power is reasonable and not inconsistent with Chapters 4901.,	3027
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	3028
However, this division confers no power on a board of township	3029
trustees or board of zoning appeals with respect to a building or	3030
structure of, or the use of land by, a person engaged in the	3031
transportation of farm supplies to the farm or farm products from	3032
farm to market or to food fabricating plants.	3033

(D) Sections 519.02 to 519.25 of the Revised Code confer no	3034
power on any township zoning commission, board of township	3035
trustees, or board of zoning appeals to prohibit the sale or use	3036
of alcoholic beverages in areas where the establishment and	3037
operation of any retail business, hotel, lunchroom, or restaurant	3038
is permitted.	3039

(E)(1) Any person who plans to construct a telecommunications	3040
tower within one hundred feet of a residential dwelling shall	3041
provide a written notice to the owner of the residential dwelling	3042
and to the person occupying the residence, if that person is not	3043
the owner of the residence stating in clear and concise language	3044
the person's intent to construct the tower and a description of	3045
the property sufficient to identify the proposed location. The	3046
notice shall be sent by certified mail. If the notice is returned	3047
unclaimed or refused, the person shall mail the notice by regular	3048
mail. The failure of delivery does not invalidate the notice.	3049

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

3050

(a) "Residential dwelling" means a building used or intended	3051
to be used as a personal residence by the owner, part-time owner,	3052
or lessee of the building, or any person authorized by such a	3053
person to use the building as a personal residence.	3054

(b) "Telecommunications tower" has the same meaning as in	3055
division (B)(1) of this section, except that the proposed location	3056
of the free-standing or attached structure may be an area other	3057
than an unincorporated area of a township, in an area zoned for	3058
residential use.	3059

Sec. 521.02.  Upon a petition filed with the township clerk	3060
fiscal officer by one or more property owners whose property is	3061
served by a private sewage collection tile, or upon the board's	3062
own initiative by the adoption of a resolution, the board of	3063
township trustees may repair or maintain a private sewage	3064
collection tile within a township road right-of-way in the	3065
township as provided in sections 521.02 to 521.07 of the Revised	3066
Codethis chapter. On receiving a petition, the township clerk	3067
fiscal officer shall give notice to the board of township trustees	3068
a notice of the filing of the petition, together withand a copy	3069
of the petition.	3070

Sec. 521.03.  On receiving a petition filed under section	3071
521.02 of the Revised Code, or at the request of the board of	3072
township trustees, the township clerkfiscal officer shall fix a	3073
time, not more than thirty days after the date of giving notice of	3074
the filing to the board or the date of receiving the request from	3075
the board, and place for a hearing on the issue of repair or	3076
maintenance of the tiles. The clerktownship fiscal officer shall	3077
prepare a notice in writing directed to the lot and land owners	3078
and to the corporations, either public or private, affected by the	3079
improvement. The notice shall set forth the substance of the	3080
petition or board request, and the time and place of the hearing	3081
on it.	3082

If the hearing is to be held in response to a petition, the	3083
clerktownship fiscal officer shall deliver a copy of the notice	3084
to any of the petitioners, who shall see that the notice is served	3085
on each lot or land owner or left at histhe lot or land owner's	3086
usual place of residence, and served on an officer or agent of	3087
each corporation affected by the improvement, at least fifteen	3088
days before the date set for the hearing. If the hearing is to be	3089
held at the request of the board, the board shall see that the	3090
notice is so served. On or before the day of the hearing, the	3091
person serving the notice shall certify, under oath, the time and	3092
manner of service, and shall file this certification with the	3093
clerktownship fiscal officer.	3094

The clerktownship fiscal officer shall give notice of the	3095
hearing to each nonresident lot or land owner, by publication	3096
once, in a newspaper published in and of general circulation in	3097
the county in which the township is situated, at least two weeks	3098
before the day set for the hearing. This notice shall be verified	3099
by affidavit of the printer or other person knowing the fact, and	3100
shall be filed with the clerktownship fiscal officer on or before	3101
the day of the hearing. No further notice of the petition or the	3102
proceedings under it shall thereafter be required.	3103

Sec. 703.201. (A) As used in this section, "condition for	3104
surrendering corporate powers" means any of the following:	3105

(1) The village has been declared to be in a fiscal emergency	3106
under Chapter 118. of the Revised Code and has been in fiscal	3107
emergency for at least three consecutive years with little or no	3108
improvement on the conditions that caused the fiscal emergency	3109
declaration.	3110

(2) The village has failed to properly follow applicable	3111
election laws for at least two consecutive election cycles for any	3112
one elected office in the village.	3113

(3) The village has been declared during an audit conducted	3114
under section 117.11 of the Revised Code to be unauditable under	3115
section 117.41 of the Revised Code in at least two consecutive	3116
audits.	3117

(4) The village does not provide at least two services	3118
typically provided by municipal government, such as police or fire	3119
protection, garbage collection, water or sewer service, emergency	3120
medical services, road maintenance, or similar services.	3121
"Services" does not include any administrative service or	3122
legislative action.	3123

(5) The village has failed for any fiscal year to adopt the	3124
tax budget required by section 5705.28 of the Revised Code.	3125

(6) A village elected official has been convicted of theft in	3126
office, either under section 2921.41 of the Revised Code or an	3127
equivalent criminal statute at the federal level, at least two	3128
times in a period of ten years. The convicted official with	3129
respect to those convictions may be the same person or different	3130
persons.	3131

(B) If the auditor of state finds, in an audit report issued	3132
under division (A) or (B) of section 117.11 of the Revised Code of	3133
a village that has a population of one hundred fifty persons or	3134
less and consists of less than two square miles, that the village	3135
meets at least two conditions for surrendering corporate powers,	3136
the auditor of state shall send a certified copy of the report	3137
together with a letter to the attorney general requesting the	3138
attorney general to institute legal action to dissolve the village	3139
in accordance with division (C) of this section. The report and	3140
letter shall be sent to the attorney general within ten business	3141
days after the auditor of state's transmittal of the report to the	3142
village. The audit report transmitted to the village shall be	3143
accompanied by a notice to the village of the auditor's intent to	3144
refer the report to the attorney general for legal action in	3145
accordance with this section.	3146

(C) Within twenty days of receipt of the auditor of state's	3147
report and letter, the attorney general may file a legal action in	3148
the court of common pleas on behalf of the state to request the	3149
dissolution of the village that is the subject of the audit	3150
report. If a legal action is filed, the court shall hold a hearing	3151
within ninety days after the date the attorney general files the	3152
legal action with the court. Notice of the hearing shall be filed	3153
with the attorney general, the clerk of the village that is the	3154
subject of the action, and each clerkfiscal officer of a township	3155
located wholly or partly within the village.	3156

At the hearing on dissolution, the court shall determine if	3157
the village has a population of one hundred fifty persons or less,	3158
consists of less than two square miles, and meets at least two	3159
conditions for surrendering corporate powers. If the court so	3160
finds, it shall order the dissolution of the village and provide	3161
for the surrender of corporate powers in accordance with section	3162
703.21 of the Revised Code. The attorney general shall file a	3163
certified copy of the court's order of dissolution with the	3164
secretary of state and the county recorder of the county in which	3165
the village is situated, who shall record it in their respective	3166
offices. Upon the recording in the county recorder's office, the	3167
corporate powers of the village shall cease.	3168

(D) For purposes of this section, the population of a village	3169
shall be the population determined either at the last preceding	3170
federal decennial census or according to population estimates	3171
certified by the department of development between decennial	3172
censuses.	3173

(E) The procedure in this section is in addition to the	3174
procedure of section 703.20 of the Revised Code for the surrender	3175
of the corporate powers of a village.	3176

Sec. 707.28.  When a village or a city is incorporated from a	3177
portion of a township, or portions of more than one township, a	3178
proper division of the real and personal property of suchthe	3179
townships, and of the funds for township purposes which are in the	3180
treasury, or in the process of collection, of the townships from	3181
which the territory is taken, shall, upon application of the	3182
village or city treasurer to the probate court of the county in	3183
which the territory is situated, be determined and ordered	3184
transferred to suchthe village or city, in the case of real or	3185
personal property, or, in the case of funds, paid to the village	3186
or city treasurer.	3187

In determining the portion of suchthe real and personal	3188
property and funds to which the village or city is entitled, the	3189
indebtedness of each township shall be taken into consideration.	3190
Ten days' notice of a hearing shall be given by the treasurer of	3191
the applicant to the township clerkfiscal officer of each	3192
township whose property and funds are sought to be divided. The	3193
findings and orders of the probate court under this section shall	3194
be final.	3195

Sec.  709.023. (A) A petition filed under section 709.021 of	3196
the Revised Code that requests to follow this section is for the	3197
special procedure of annexing land into a municipal corporation	3198
when, subject to division (H) of this section, the land also is	3199
not to be excluded from the township under section 503.07 of the	3200
Revised Code. The owners who sign this petition by their signature	3201
expressly waive their right to appeal in law or equity from the	3202
board of county commissioners' entry of any resolution under this	3203
section, waive any rights they may have to sue on any issue	3204
relating to a municipal corporation requiring a buffer as provided	3205
in this section, and waive any rights to seek a variance that	3206
would relieve or exempt them from that buffer requirement.	3207

The petition circulated to collect signatures for the special	3208
procedure in this section shall contain in boldface capital	3209
letters immediately above the heading of the place for signatures	3210
on each part of the petition the following: "WHOEVER SIGNS THIS	3211
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY	3212
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION	3213
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT	3214
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS	3215
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."	3216

(B) Upon the filing of the petition in the office of the	3217
clerk of the board of county commissioners, the clerk shall cause	3218
the petition to be entered upon the board's journal at its next	3219
regular session. This entry shall be the first official act of the	3220
board on the petition. Within five days after the filing of the	3221
petition, the agent for the petitioners shall notify in the manner	3222
and form specified in this division the clerk of the legislative	3223
authority of the municipal corporation to which annexation is	3224
proposed, the clerkfiscal officer of each township any portion of	3225
which is included within the territory proposed for annexation,	3226
the clerk of the board of county commissioners of each county in	3227
which the territory proposed for annexation is located other than	3228
the county in which the petition is filed, and the owners of	3229
property adjacent to the territory proposed for annexation or	3230
adjacent to a road that is adjacent to that territory and located	3231
directly across that road from that territory. The notice shall	3232
refer to the time and date when the petition was filed and the	3233
county in which it was filed and shall have attached or shall be	3234
accompanied by a copy of the petition and any attachments or	3235
documents accompanying the petition as filed.	3236

Notice to a property owner is sufficient if sent by regular	3237
United States mail to the tax mailing address listed on the county	3238
auditor's records. Notice to the appropriate government officer	3239
shall be given by certified mail, return receipt requested, or by	3240
causing the notice to be personally served on the officer, with	3241
proof of service by affidavit of the person who delivered the	3242
notice. Proof of service of the notice on each appropriate	3243
government officer shall be filed with the board of county	3244
commissioners with which the petition was filed.	3245

(C) Within twenty days after the date that the petition is	3246
filed, the legislative authority of the municipal corporation to	3247
which annexation is proposed shall adopt an ordinance or	3248
resolution stating what services the municipal corporation will	3249
provide, and an approximate date by which it will provide them, to	3250
the territory proposed for annexation, upon annexation. The	3251
municipal corporation is entitled in its sole discretion to	3252
provide to the territory proposed for annexation, upon annexation,	3253
services in addition to the services described in that ordinance	3254
or resolution.	3255

If the territory proposed for annexation is subject to zoning	3256
regulations adopted under either Chapter 303. or 519. of the	3257
Revised Code at the time the petition is filed, the legislative	3258
authority of the municipal corporation also shall adopt an	3259
ordinance or resolution stating that, if the territory is annexed	3260
and becomes subject to zoning by the municipal corporation and	3261
that municipal zoning permits uses in the annexed territory that	3262
the municipal corporation determines are clearly incompatible with	3263
the uses permitted under current county or township zoning	3264
regulations in the adjacent land remaining within the township	3265
from which the territory was annexed, the legislative authority of	3266
the municipal corporation will require, in the zoning ordinance	3267
permitting the incompatible uses, the owner of the annexed	3268
territory to provide a buffer separating the use of the annexed	3269
territory and the adjacent land remaining within the township. For	3270
the purposes of this section, "buffer" includes open space,	3271
landscaping, fences, walls, and other structured elements; streets	3272
and street rights-of-way; and bicycle and pedestrian paths and	3273
sidewalks.	3274

The clerk of the legislative authority of the municipal	3275
corporation to which annexation is proposed shall file the	3276
ordinances or resolutions adopted under this division with the	3277
board of county commissioners within twenty days following the	3278
date that the petition is filed. The board shall make these	3279
ordinances or resolutions available for public inspection.	3280

(D) Within twenty-five days after the date that the petition	3281
is filed, the legislative authority of the municipal corporation	3282
to which annexation is proposed and each township any portion of	3283
which is included within the territory proposed for annexation may	3284
adopt and file with the board of county commissioners an ordinance	3285
or resolution consenting or objecting to the proposed annexation.	3286
An objection to the proposed annexation shall be based solely upon	3287
the petition's failure to meet the conditions specified in	3288
division (E) of this section.	3289

If the municipal corporation and each of those townships	3290
timely files an ordinance or resolution consenting to the proposed	3291
annexation, the board at its next regular session shall enter upon	3292
its journal a resolution granting the proposed annexation. If,	3293
instead, the municipal corporation or any of those townships files	3294
an ordinance or resolution that objects to the proposed	3295
annexation, the board of county commissioners shall proceed as	3296
provided in division (E) of this section. Failure of the municipal	3297
corporation or any of those townships to timely file an ordinance	3298
or resolution consenting or objecting to the proposed annexation	3299
shall be deemed to constitute consent by that municipal	3300
corporation or township to the proposed annexation.	3301

(E) Unless the petition is granted under division (D) of this	3302
section, not less than thirty or more than forty-five days after	3303
the date that the petition is filed, the board of county	3304
commissioners shall review it to determine if each of the	3305
following conditions has been met:	3306

(1) The petition meets all the requirements set forth in, and	3307
was filed in the manner provided in, section 709.021 of the	3308
Revised Code.	3309

(2) The persons who signed the petition are owners of the	3310
real estate located in the territory proposed for annexation and	3311
constitute all of the owners of real estate in that territory.	3312

(3) The territory proposed for annexation does not exceed	3313
five hundred acres.	3314

(4) The territory proposed for annexation shares a contiguous	3315
boundary with the municipal corporation to which annexation is	3316
proposed for a continuous length of at least five per cent of the	3317
perimeter of the territory proposed for annexation.	3318

(5) The annexation will not create an unincorporated area of	3319
the township that is completely surrounded by the territory	3320
proposed for annexation.	3321

(6) The municipal corporation to which annexation is proposed	3322
has agreed to provide to the territory proposed for annexation the	3323
services specified in the relevant ordinance or resolution adopted	3324
under division (C) of this section.	3325

(7) If a street or highway will be divided or segmented by	3326
the boundary line between the township and the municipal	3327
corporation as to create a road maintenance problem, the municipal	3328
corporation to which annexation is proposed has agreed as a	3329
condition of the annexation to assume the maintenance of that	3330
street or highway or to otherwise correct the problem. As used in	3331
this section, "street" or "highway" has the same meaning as in	3332
section 4511.01 of the Revised Code.	3333

(F) Not less than thirty or more than forty-five days after	3334
the date that the petition is filed, if the petition is not	3335
granted under division (D) of this section, the board of county	3336
commissioners, if it finds that each of the conditions specified	3337
in division (E) of this section has been met, shall enter upon its	3338
journal a resolution granting the annexation. If the board of	3339
county commissioners finds that one or more of the conditions	3340
specified in division (E) of this section have not been met, it	3341
shall enter upon its journal a resolution that states which of	3342
those conditions the board finds have not been met and that denies	3343
the petition.	3344

(G) If a petition is granted under division (D) or (F) of	3345
this section, the clerk of the board of county commissioners shall	3346
proceed as provided in division (C)(1) of section 709.033 of the	3347
Revised Code, except that no recording or hearing exhibits would	3348
be involved. There is no appeal in law or equity from the board's	3349
entry of any resolution under this section, but any party may seek	3350
a writ of mandamus to compel the board of county commissioners to	3351
perform its duties under this section.	3352

(H) Notwithstanding anything to the contrary in section	3353
503.07 of the Revised Code, unless otherwise provided in an	3354
annexation agreement entered into pursuant to section 709.192 of	3355
the Revised Code or in a cooperative economic development	3356
agreement entered into pursuant to section 701.07 of the Revised	3357
Code, territory annexed into a municipal corporation pursuant to	3358
this section shall not at any time be excluded from the township	3359
under section 503.07 of the Revised Code and, thus, remains	3360
subject to the township's real property taxes.	3361

(I) Any owner of land that remains within a township and that	3362
is adjacent to territory annexed pursuant to this section who is	3363
directly affected by the failure of the annexing municipal	3364
corporation to enforce compliance with any zoning ordinance it	3365
adopts under division (C) of this section requiring the owner of	3366
the annexed territory to provide a buffer zone, may commence in	3367
the court of common pleas a civil action against that owner to	3368
enforce compliance with that buffer requirement whenever the	3369
required buffer is not in place before any development of the	3370
annexed territory begins.	3371

Sec. 709.024. (A) A petition filed under section 709.021 of	3372
the Revised Code that requests to follow this section is for the	3373
special procedure of annexing land into a municipal corporation	3374
for the purpose of undertaking a significant economic development	3375
project. As used in this section, "significant economic	3376
development project" means one or more economic development	3377
projects that can be classified as industrial, distribution, high	3378
technology, research and development, or commercial, which	3379
projects may include ancillary residential and retail uses and	3380
which projects shall satisfy all of the following:	3381

(1) Total private real and personal property investment in a	3382
project shall be in excess of ten million dollars through land and	3383
infrastructure, new construction, reconstruction, installation of	3384
fixtures and equipment, or the addition of inventory, excluding	3385
investment solely related to the ancillary residential and retail	3386
elements, if any, of the project. As used in this division,	3387
"private real and personal property investment" does not include	3388
payments in lieu of taxes, however characterized, under Chapter	3389
725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75,	3390
or 5709.78 to 5709.81 of the Revised Code.	3391

(2) There shall be created by the project an additional	3392
annual payroll in excess of one million dollars, excluding payroll	3393
arising solely out of the retail elements, if any, of the project.	3394

(3) The project has been certified by the state director of	3395
development as meeting the requirements of divisions (A)(1) and	3396
(2) of this section.	3397

(B) Upon the filing of the petition under section 709.021 of	3398
the Revised Code in the office of the clerk of the board of county	3399
commissioners, the clerk shall cause the petition to be entered	3400
upon the journal of the board at its next regular session. This	3401
entry shall be the first official act of the board on the	3402
petition. Within five days after the filing of the petition, the	3403
agent for the petitioners shall notify in the manner and form	3404
specified in this division the clerk of the legislative authority	3405
of the municipal corporation to which annexation is proposed, the	3406
clerkfiscal officer of each township any portion of which is	3407
included within the territory proposed for annexation, the clerk	3408
of the board of county commissioners of each county in which the	3409
territory proposed for annexation is located other than the county	3410
in which the petition is filed, and the owners of property	3411
adjacent to the territory proposed for annexation or adjacent to a	3412
road that is adjacent to that territory and located directly	3413
across that road from that territory. The notice shall refer to	3414
the time and date when the petition was filed and the county in	3415
which it was filed and shall have attached or shall be accompanied	3416
by a copy of the petition and any attachments or documents	3417
accompanying the petition as filed.	3418

Notice to a property owner is sufficient if sent by regular	3419
United States mail to the tax mailing address listed on the county	3420
auditor's records. Notice to the appropriate government officer	3421
shall be given by certified mail, return receipt requested, or by	3422
causing the notice to be personally served on the officer, with	3423
proof of service by affidavit of the person who delivered the	3424
notice. Proof of service of the notice on each appropriate	3425
government officer shall be filed with the board of county	3426
commissioners with which the petition was filed.	3427

(C)(1) Within thirty days after the petition is filed, the	3428
legislative authority of the municipal corporation to which	3429
annexation is proposed and each township any portion of which is	3430
included within the territory proposed for annexation may adopt	3431
and file with the board of county commissioners an ordinance or	3432
resolution consenting or objecting to the proposed annexation. An	3433
objection to the proposed annexation shall be based solely upon	3434
the petition's failure to meet the conditions specified in	3435
division (F) of this section. Failure of the municipal corporation	3436
or any of those townships to timely file an ordinance or	3437
resolution consenting or objecting to the proposed annexation	3438
shall be deemed to constitute consent by that municipal	3439
corporation or township to the proposed annexation.	3440

(2) Within twenty days after receiving the notice required by	3441
division (B) of this section, the legislative authority of the	3442
municipal corporation shall adopt, by ordinance or resolution, a	3443
statement indicating what services the municipal corporation will	3444
provide or cause to be provided, and an approximate date by which	3445
it will provide or cause them to be provided, to the territory	3446
proposed for annexation, upon annexation. If a hearing is to be	3447
conducted under division (E) of this section, the legislative	3448
authority shall file the statement with the clerk of the board of	3449
county commissioners at least twenty days before the date of the	3450
hearing.	3451

(D) If all parties to the annexation proceedings consent to	3452
the proposed annexation, a hearing shall not be held, and the	3453
board, at its next regular session, shall enter upon its journal a	3454
resolution granting the annexation. There is no appeal in law or	3455
in equity from the board's entry of a resolution under this	3456
division. The clerk of the board shall proceed as provided in	3457
division (C)(1) of section 709.033 of the Revised Code.	3458

(E) Unless the petition is granted under division (D) of this	3459
section, a hearing shall be held on the petition. The board of	3460
county commissioners shall hear the petition at its next regular	3461
session and shall notify the agent for the petitioners of the	3462
hearing's date, time, and place. The agent for the petitioners	3463
shall give, within five days after receipt of the notice of the	3464
hearing from the board, to the parties and property owners	3465
entitled to notice under division (B) of this section, notice of	3466
the date, time, and place of the hearing. Notice to a property	3467
owner is sufficient if sent by regular United States mail to the	3468
tax mailing address listed on the county auditor's records. At the	3469
hearing, the parties and any owner of real estate within the	3470
territory proposed to be annexed are entitled to appear for the	3471
purposes described in division (C) of section 709.032 of the	3472
Revised Code.	3473

(F) Within thirty days after a hearing under division (E) of	3474
this section, the board of county commissioners shall enter upon	3475
its journal a resolution granting or denying the proposed	3476
annexation. The resolution shall include specific findings of fact	3477
as to whether or not each of the conditions listed in this	3478
division has been met. If the board grants the annexation, the	3479
clerk of the board shall proceed as provided in division (C)(1) of	3480
section 709.033 of the Revised Code.	3481

The board shall enter a resolution granting the annexation if	3482
it finds, based upon a preponderance of the substantial, reliable,	3483
and probative evidence on the whole record, that each of the	3484
following conditions has been met:	3485

(1) The petition meets all the requirements set forth in, and	3486
was filed in the manner provided in, section 709.021 of the	3487
Revised Code.	3488

(2) The persons who signed the petition are owners of real	3489
estate located in the territory proposed to be annexed in the	3490
petition and constitute all of the owners of real estate in that	3491
territory.	3492

(3) No street or highway will be divided or segmented by the	3493
boundary line between a township and the municipal corporation as	3494
to create a road maintenance problem, or if the street or highway	3495
will be so divided or segmented, the municipal corporation has	3496
agreed, as a condition of the annexation, that it will assume the	3497
maintenance of that street or highway. For the purposes of this	3498
division, "street" or "highway" has the same meaning as in section	3499
4511.01 of the Revised Code.	3500

(4) The municipal corporation to which the territory is	3501
proposed to be annexed has adopted an ordinance or resolution as	3502
required by division (C)(2) of this section.	3503

(5) The state director of development has certified that the	3504
project meets the requirements of divisions (A)(1) and (2) of this	3505
section and thereby qualifies as a significant economic	3506
development project. The director's certification is binding on	3507
the board of county commissioners.	3508

(G) An owner who signed the petition may appeal a decision of	3509
the board of county commissioners denying the proposed annexation	3510
under section 709.07 of the Revised Code. No other person has	3511
standing to appeal the board's decision in law or in equity. If	3512
the board grants the annexation, there shall be no appeal in law	3513
or in equity.	3514

(H) Notwithstanding anything to the contrary in section	3515
503.07 of the Revised Code, unless otherwise provided in an	3516
annexation agreement entered into pursuant to section 709.192 of	3517
the Revised Code or in a cooperative economic development	3518
agreement entered into pursuant to section 701.07 of the Revised	3519
Code, territory annexed into a municipal corporation pursuant to	3520
this section shall not at any time be excluded from the township	3521
under section 503.07 of the Revised Code and, thus, remains	3522
subject to the township's real property taxes.	3523

(I) A municipal corporation to which annexation is proposed	3524
is entitled in its sole discretion to provide to the territory	3525
proposed for annexation, upon annexation, services in addition to	3526
the services described in the ordinance or resolution adopted by	3527
the legislative authority of the municipal corporation under	3528
division (C)(2) of this section.	3529

Sec. 709.03.  The petition required by section 709.02 of the	3530
Revised Code shall be filed in the office of the board of county	3531
commissioners, and the clerk shall cause the petition to be	3532
entered upon the record of proceedings of the board, which entry	3533
shall be the first official act of the board on the annexation	3534
petition, and shall cause the petition to be filed in the office	3535
of the county auditor, where it shall be subject to the inspection	3536
of any interested person. The agent for the petitioners shall	3537
cause written notice of the filing of the petition with the board	3538
of county commissioners and the date of suchthe filing to be	3539
delivered to the clerk of the legislative authority of the	3540
municipal corporation to which annexation is proposed and to the	3541
clerkfiscal officer of each township any portion of which is	3542
included within the territory sought to be annexed. Any person who	3543
signed the petition for annexation petition may remove histhe	3544
person's signature by filing with the clerk of the board of county	3545
commissioners a written notice of withdrawal of histhe person's	3546
signature within twenty days after such athe notice of filing is	3547
delivered to the clerkfiscal officer of the township in which he	3548
the person resides. Thereafter, signatures may be withdrawn or	3549
removed only in the manner authorized by section 709.032 of the	3550
Revised Code.	3551

Sec. 709.033.  (A) After the hearing on a petition for	3552
annexation, the board of county commissioners shall enter upon its	3553
journal a resolution granting the annexation if it finds, based	3554
upon a preponderance of the substantial, reliable, and probative	3555
evidence on the whole record, that each of the following	3556
conditions has been met:	3557

(1) The petition meets all the requirements set forth in, and	3558
was filed in the manner provided in, section 709.02 of the Revised	3559
Code.	3560

(2) The persons who signed the petition are owners of real	3561
estate located in the territory proposed to be annexed in the	3562
petition, and, as of the time the petition was filed with the	3563
board of county commissioners, the number of valid signatures on	3564
the petition constituted a majority of the owners of real estate	3565
in that territory.	3566

(3) The municipal corporation to which the territory is	3567
proposed to be annexed has complied with division (D) of section	3568
709.03 of the Revised Code.	3569

(4) The territory proposed to be annexed is not unreasonably	3570
large.	3571

(5) On balance, the general good of the territory proposed to	3572
be annexed will be served, and the benefits to the territory	3573
proposed to be annexed and the surrounding area will outweigh the	3574
detriments to the territory proposed to be annexed and the	3575
surrounding area, if the annexation petition is granted. As used	3576
in division (A)(5) of this section, "surrounding area" means the	3577
territory within the unincorporated area of any township located	3578
one-half mile or less from any of the territory proposed to be	3579
annexed.	3580

(6) No street or highway will be divided or segmented by the	3581
boundary line between a township and the municipal corporation as	3582
to create a road maintenance problem, or, if a street or highway	3583
will be so divided or segmented, the municipal corporation has	3584
agreed, as a condition of the annexation, that it will assume the	3585
maintenance of that street or highway. For the purposes of this	3586
division, "street" or "highway" has the same meaning as in section	3587
4511.01 of the Revised Code.	3588

(B) The board of county commissioners shall enter upon its	3589
journal a resolution granting or denying the petition for	3590
annexation within thirty days after the hearing provided for in	3591
section 709.032 of the Revised Code. The resolution shall include	3592
specific findings of fact as to whether each of the conditions	3593
listed in divisions (A)(1) to (6) of this section has been met.	3594
Upon journalization of the resolution, the clerk of the board	3595
shall send a certified copy of it to the agent for the	3596
petitioners, the clerk of the legislative authority of the	3597
municipal corporation to which annexation is proposed, the clerk	3598
fiscal officer of each township in which the territory proposed	3599
for annexation is located, and the clerk of the board of county	3600
commissioners of each county in which the territory proposed for	3601
annexation is located other than the county in which the petition	3602
is filed. The clerk of the board shall take no further action	3603
until the expiration of thirty days after the date of	3604
journalization.	3605

(C) After the expiration of that thirty-day period, if no	3606
appeal has been timely filed under section 709.07 of the Revised	3607
Code, the clerk of the board of county commissioners shall take	3608
one of the following actions:	3609

(1) If the board granted the petition for annexation, the	3610
clerk shall deliver a certified copy of the entire record of the	3611
annexation proceedings, including all resolutions of the board,	3612
signed by a majority of the members of the board, the petition,	3613
map, and all other papers on file, the recording of the	3614
proceedings, if a copy is available, and exhibits presented at the	3615
hearing relating to the annexation proceedings, to the auditor or	3616
clerk of the municipal corporation to which annexation is	3617
proposed.	3618

(2) If the board denied the petition for annexation, the	3619
clerk shall send a certified copy of its resolution denying the	3620
annexation to the agent for the petitioners and to the clerk of	3621
the municipal corporation to which the annexation was proposed.	3622

(D) If an appeal is filed in a timely manner under section	3623
709.07 of the Revised Code from the determination of the board of	3624
county commissioners granting or denying the petition for	3625
annexation, the clerk of the board shall take further action only	3626
in accordance with that section.	3627

Sec. 709.46.  (A) If the question of merging one or more	3628
municipal corporations and the unincorporated area of a township,	3629
as provided in section 709.45 of the Revised Code, is disapproved	3630
by a majority of those voting on it in the township or a municipal	3631
corporation proposed to be merged or in the municipal corporation	3632
with which merger is proposed, no further petitions shall be filed	3633
under that section proposing the same merger for at least three	3634
years after the date of that disapproval.	3635

If the question of merging is approved by a majority of those	3636
voting on it in each political subdivision proposed to be merged	3637
and in the municipal corporation with which merger is proposed,	3638
the five candidates from each of those political subdivisions	3639
shall be elected to the commission to formulate the conditions of	3640
merging the political subdivisions. The first meeting of the	3641
commission shall be held in the chamber of the legislative	3642
authority of the municipal corporation that has the smallest	3643
population or, in the case of a merger of the unincorporated area	3644
of a township and one or more municipal corporations, in the	3645
office of the board of township trustees, at nine a.m. on the	3646
tenth day after the certification of the election by the last of	3647
the respective boards of elections to make that certification,	3648
unless that day is a Saturday, Sunday, or holiday, in which case	3649
the first meeting shall be held on the next day thereafter which	3650
is not a Saturday, Sunday, or holiday.	3651

The clerk of the municipal legislative authority or the	3652
fiscal officer of the board of township trustees in whose chamber	3653
or office the first meeting of the commission is held shall serve	3654
as temporary chairperson until permanent officers are elected. The	3655
commission shall elect its own permanent officers and shall	3656
proceed to meet as often as necessary to formulate conditions for	3657
merger that are satisfactory to a majority of the members of the	3658
commission from each political subdivision.	3659

(B) In case of a vacancy on the commission, the vacancy shall	3660
be filled by an appointee of the legislative authority of the	3661
municipal corporation, or the board of township trustees of the	3662
township, that the prior commissioner represented. The person	3663
appointed to fill the vacancy shall be an elector of that	3664
political subdivision and, if the person is representing a	3665
township, shall reside in the unincorporated area of that	3666
township.	3667

(C) The costs of the commission shall be divided among the	3668
participating political subdivisions in proportion to the	3669
population that each participating political subdivision bears to	3670
the total population of the territory proposed to be merged. For	3671
these purposes, a township's population shall be based solely upon	3672
the population of the unincorporated area of the township proposed	3673
to be merged. It shall be a proper public purpose for a municipal	3674
corporation or township to expend general fund moneys for these	3675
payments.	3676

(D) All meetings of the commission shall be subject to the	3677
requirements of section 121.22 of the Revised Code.	3678

Sec. 711.05.  (A) Upon the submission of a plat for approval,	3679
in accordance with section 711.041 of the Revised Code, the board	3680
of county commissioners shall certify on it the date of the	3681
submission. Within five days of submission of the plat, the board	3682
shall schedule a meeting to consider the plat and send a written	3683
notice by regular mail to the clerkfiscal officer of the board of	3684
township trustees of the township in which the plat is located and	3685
the board of health of the health district in which the plat is	3686
located. The notice shall inform the trustees and the board of	3687
health of the submission of the plat and of the date, time, and	3688
location of any meeting at which the board of county commissioners	3689
will consider or act upon the proposed plat. The meeting shall	3690
take place within thirty days of submission of the plat, and no	3691
meeting shall be held until at least seven days have passed from	3692
the date the notice was sent by the board of county commissioners.	3693
The approval of the board required by section 711.041 of the	3694
Revised Code or the refusal to approve shall take place within	3695
thirty days from the date of submission or such further time as	3696
the applying party may agree to in writing; otherwise, the plat is	3697
deemed approved and may be recorded as if bearing such approval.	3698

(B) The board may adopt general rules governing plats and	3699
subdivisions of land falling within its jurisdiction, to secure	3700
and provide for the coordination of the streets within the	3701
subdivision with existing streets and roads or with existing	3702
county highways, for the proper amount of open spaces for traffic,	3703
circulation, and utilities, and for the avoidance of future	3704
congestion of population detrimental to the public health, safety,	3705
or welfare, but shall not impose a greater minimum lot area than	3706
forty-eight hundred square feet. Before the board may amend or	3707
adopt rules, it shall notify all the townships in the county of	3708
the proposed amendments or rules by regular mail at least thirty	3709
days before the public meeting at which the proposed amendments or	3710
rules are to be considered.	3711

The rules may require the board of health to review and	3712
comment on a plat before the board of county commissioners acts	3713
upon it and may also require proof of compliance with any	3714
applicable zoning resolutions, and with household sewage treatment	3715
rules adopted under section 3718.02 of the Revised Code, as a	3716
basis for approval of a plat. Where under section 711.101 of the	3717
Revised Code the board of county commissioners has set up	3718
standards and specifications for the construction of streets,	3719
utilities, and other improvements for common use, the general	3720
rules may require the submission of appropriate plans and	3721
specifications for approval. The board shall not require the	3722
person submitting the plat to alter the plat or any part of it as	3723
a condition for approval, as long as the plat is in accordance	3724
with general rules governing plats and subdivisions of land,	3725
adopted by the board as provided in this section, in effect at the	3726
time the plat was submitted and the plat is in accordance with any	3727
standards and specifications set up under section 711.101 of the	3728
Revised Code, in effect at the time the plat was submitted.	3729

(C) The ground of refusal to approve any plat, submitted in	3730
accordance with section 711.041 of the Revised Code, shall be	3731
stated upon the record of the board, and, within sixty days	3732
thereafter, the person submitting any plat that the board refuses	3733
to approve may file a petition in the court of common pleas of the	3734
county in which the land described in the plat is situated to	3735
review the action of the board. A board of township trustees is	3736
not entitled to appeal a decision of the board of county	3737
commissioners under this section.	3738

Sec. 711.10. (A) Whenever a county planning commission or a	3739
regional planning commission adopts a plan for the major streets	3740
or highways of the county or region, no plat of a subdivision of	3741
land within the county or region, other than land within a	3742
municipal corporation or land within three miles of a city or one	3743
and one-half miles of a village as provided in section 711.09 of	3744
the Revised Code, shall be recorded until it is approved by the	3745
county or regional planning commission under division (C) of this	3746
section and the approval is endorsed in writing on the plat.	3747

(B) A county or regional planning commission may require the	3748
submission of a preliminary plan for each plat sought to be	3749
recorded. If the commission requires this submission, it shall	3750
provide for a review process for the preliminary plan. Under this	3751
review process, the planning commission shall give its approval,	3752
its approval with conditions, or its disapproval of each	3753
preliminary plan. The commission's decision shall be in writing,	3754
shall be under the signature of the secretary of the commission,	3755
and shall be issued within thirty-five business days after the	3756
submission of the preliminary plan to the commission. The	3757
disapproval of a preliminary plan shall state the reasons for the	3758
disapproval. A decision of the commission under this division is	3759
preliminary to and separate from the commission's decision to	3760
approve, conditionally approve, or refuse to approve a plat under	3761
division (C) of this section.	3762

(C) Within five calendar days after the submission of a plat	3763
for approval under this division, the county or regional planning	3764
commission shall schedule a meeting to consider the plat and send	3765
a notice by regular mail or by electronic mail to the clerkfiscal	3766
officer of the board of township trustees of the township in which	3767
the plat is located and the board of health of the health district	3768
in which the plat is located. The notice shall inform the trustees	3769
and the board of health of the submission of the plat and of the	3770
date, time, and location of any meeting at which the county or	3771
regional planning commission will consider or act upon the plat.	3772
The meeting shall take place within thirty calendar days after	3773
submission of the plat, and no meeting shall be held until at	3774
least seven calendar days have passed from the date the planning	3775
commission sent the notice.	3776

The approval of the county or regional planning commission,	3777
the commission's conditional approval as described in this	3778
division, or the refusal of the commission to approve shall be	3779
endorsed on the plat within thirty calendar days after the	3780
submission of the plat for approval under this division or within	3781
such further time as the applying party may agree to in writing;	3782
otherwise that plat is deemed approved, and the certificate of the	3783
commission as to the date of the submission of the plat for	3784
approval under this division and the failure to take action on it	3785
within that time shall be sufficient in lieu of the written	3786
endorsement or evidence of approval required by this division.	3787

A county or regional planning commission may grant	3788
conditional approval under this division to a plat by requiring a	3789
person submitting the plat to alter the plat or any part of it,	3790
within a specified period after the end of the thirty calendar	3791
days, as a condition for final approval under this division. Once	3792
all the conditions have been met within the specified period, the	3793
commission shall cause its final approval under this division to	3794
be endorsed on the plat. No plat shall be recorded until it is	3795
endorsed with the commission's final or unconditional approval	3796
under this division.	3797

The ground of refusal of approval of any plat submitted under	3798
this division, including citation of or reference to the rule	3799
violated by the plat, shall be stated upon the record of the	3800
county or regional planning commission. Within sixty calendar days	3801
after the refusal under this division, the person submitting any	3802
plat that the commission refuses to approve under this division	3803
may file a petition in the court of common pleas of the proper	3804
county, and the proceedings on the petition shall be governed by	3805
section 711.09 of the Revised Code as in the case of the refusal	3806
of a planning authority to approve a plat. A board of township	3807
trustees is not entitled to appeal a decision of the commission	3808
under this division.	3809

A county or regional planning commission shall adopt general	3810
rules, of uniform application, governing plats and subdivisions of	3811
land falling within its jurisdiction, to secure and provide for	3812
the proper arrangement of streets or other highways in relation to	3813
existing or planned streets or highways or to the county or	3814
regional plan, for adequate and convenient open spaces for	3815
traffic, utilities, access of firefighting apparatus, recreation,	3816
light, and air, and for the avoidance of congestion of population.	3817
The rules may provide for their modification by the commission in	3818
specific cases where unusual topographical and other exceptional	3819
conditions require the modification. The rules may require the	3820
board of health to review and comment on a plat before the	3821
commission acts upon it and also may require proof of compliance	3822
with any applicable zoning resolutions, and with household sewage	3823
treatment rules adopted under section 3718.02 of the Revised Code,	3824
as a basis for approval of a plat.	3825

Before adoption of its rules or amendment of its rules, the	3826
commission shall hold a public hearing on the adoption or	3827
amendment. Notice of the public hearing shall be sent to all	3828
townships in the county or region by regular mail or electronic	3829
mail at least thirty business days before the hearing. No county	3830
or regional planning commission shall adopt any rules requiring	3831
actual construction of streets or other improvements or facilities	3832
or assurance of that construction as a condition precedent to the	3833
approval of a plat of a subdivision unless the requirements have	3834
first been adopted by the board of county commissioners after a	3835
public hearing. A copy of the rules shall be certified by the	3836
planning commission to the county recorders of the appropriate	3837
counties.	3838

After a county or regional street or highway plan has been	3839
adopted as provided in this section, the approval of plats and	3840
subdivisions provided for in this section shall be in lieu of any	3841
approvals provided for in other sections of the Revised Code,	3842
insofar as the territory within the approving jurisdiction of the	3843
county or regional planning commission, as provided in this	3844
section, is concerned. Approval of a plat shall not be an	3845
acceptance by the public of the dedication of any street, highway,	3846
or other way or open space shown upon the plat.	3847

No county or regional planning commission shall require a	3848
person submitting a plat to alter the plat or any part of it as	3849
long as the plat is in accordance with the general rules governing	3850
plats and subdivisions of land, adopted by the commission as	3851
provided in this section, in effect at the time the plat is	3852
submitted.	3853

A county or regional planning commission and a city or	3854
village planning commission, or platting commissioner or	3855
legislative authority of a village, with subdivision regulation	3856
jurisdiction over unincorporated territory within the county or	3857
region may cooperate and agree by written agreement that the	3858
approval of a plat by the city or village planning commission, or	3859
platting commissioner or legislative authority of a village, as	3860
provided in section 711.09 of the Revised Code, shall be	3861
conditioned upon receiving advice from or approval by the county	3862
or regional planning commission.	3863

(D) As used in this section, "business day" means a day of	3864
the week excluding Saturday, Sunday, or a legal holiday as defined	3865
in section 1.14 of the Revised Code.	3866

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

3867

(1) "Contracting party" means a municipal corporation that	3868
has entered into a joint economic development zone contract or any	3869
party succeeding to such athe municipal corporation, or a	3870
township that entered into a joint economic development zone	3871
contract with a municipal corporation.	3872

(2) "Zone" means a joint economic development zone designated	3873
under this section.	3874

(B) This section provides alternative procedures and	3875
requirements for creating and operating a joint economic	3876
development zone to those set forth in section 715.69 of the	3877
Revised Code. This section applies only if one of the contracting	3878
parties to the zone does not levy a municipal income tax under	3879
Chapter 718. of the Revised Code. A municipal corporation that	3880
does not levy a municipal income tax may enter into an agreement	3881
to create and operate a joint economic development zone under this	3882
section or under section 715.69 of the Revised Code.	3883

Two or more municipal corporations or one or more townships	3884
and one or more municipal corporations may enter into a contract	3885
whereby they agree to share in the costs of improvements for an	3886
area or areas located in one or more of the contracting parties	3887
that they designate as a joint economic development zone for the	3888
purpose of facilitating new or expanded growth for commercial or	3889
economic development in the state. The contract and zone shall	3890
meet the requirements of divisions (B) to (J) of this section.	3891

(C) The contract shall set forth each contracting party's	3892
contribution to the joint economic development zone. The	3893
contributions may be in any form that the contracting parties	3894
agree to, and may include, but are not limited to, the provision	3895
of services, money, or equipment. The contract may be amended,	3896
renewed, or terminated with the consent of the contracting	3897
parties. The contract shall continue in existence throughout the	3898
term it specifies and shall be binding on the contracting parties	3899
and on any entities succeeding to the contracting parties.	3900

(D) Before the legislative authority of any of the	3901
contracting parties enacts an ordinance or resolution approving a	3902
contract to designate a joint economic development zone, the	3903
legislative authority of each of the contracting parties shall	3904
hold a public hearing concerning the contract and zone. Each such	3905
legislative authority shall provide at least thirty days' public	3906
notice of the time and place of the public hearing in a newspaper	3907
of general circulation in the municipal corporation or township.	3908
During the thirty-day period prior to the public hearing, all of	3909
the following documents shall be available for public inspection	3910
in the office of the clerk of the legislative authority of eacha	3911
municipal corporation that is a contracting party and in the	3912
office of the fiscal officer of thea township that is a	3913
contracting partiesparty:	3914

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

3915

(2) A description of the area or areas to be included in the	3916
zone, including a map in sufficient detail to denote the specific	3917
boundaries of the area or areas;	3918

(3) An economic development plan for the zone that includes a	3919
schedule for the provision of any new, expanded, or additional	3920
services, facilities, or improvements.	3921

A public hearing held under division (D) of this section	3922
shall allow for public comment and recommendations on the contract	3923
and zone. The contracting parties may include in the contract any	3924
of those recommendations prior to approval of the contract.	3925

(E) After the public hearings required under division (D) of	3926
this section have been held, each contracting party may enact an	3927
ordinance or resolution approving the contract to designate a	3928
joint economic development zone. After each contracting party has	3929
enacted such an ordinance or resolution, the clerk of the	3930
legislative authority of eacha municipal corporation that is a	3931
contracting party and the fiscal officer of a township that is a	3932
contracting party shall file with the board of elections of each	3933
county within which a contracting party is located a copy of the	3934
ordinance or resolution approving the contract and shall direct	3935
the board of elections to submit the ordinance or resolution to	3936
the electors of the contracting party on the day of the next	3937
general, primary, or special election occurring at least	3938
seventy-five days after the ordinance or resolution is filed with	3939
the board of elections. If any of the contracting parties is a	3940
township, however, then only the township or townships shall	3941
submit the resolution to the electors.	3942

(F)(1) If a vote is required to approve a municipal	3943
corporation as a contracting party to a joint economic development	3944
zone under this section, the ballot shall be in the following	3945
form:	3946

"Shall the ordinance of the legislative authority of the	3947
(city or village) of (name of contracting party) approving the	3948
contract with (name of each other contracting party) for the	3949
designation of a joint economic development zone be approved?	3950

3951

		FOR THE ORDINANCE AND CONTRACT			3952
		AGAINST THE ORDINANCE AND CONTRACT	"		3953

3954

(2) If a vote is required to approve a township as a	3955
contracting party to a joint economic development zone under this	3956
section, the ballot shall be in the following form:	3957

"Shall the resolution of the board of township trustees of	3958
the township of (name of contracting party) approving the contract	3959
with (name of each other contracting party) for the designation of	3960
a joint economic development zone be approved?	3961

3962

		FOR THE RESOLUTION AND CONTRACT			3963
		AGAINST THE RESOLUTION AND CONTRACT	"		3964

3965

If a majority of the electors of each contracting party	3966
voting on the issue vote for the ordinance or resolution and	3967
contract, the ordinance or resolution shall become effective	3968
immediately and the contract shall go into effect immediately or	3969
in accordance with its terms.	3970

(G)(1) A board of directors shall govern each joint economic	3971
development zone created under section 715.691 of the Revised	3972
Code. The members of the board shall be appointed as provided in	3973
the contract. Each of the contracting parties shall appoint three	3974
members to the board. Terms for each member shall be for two	3975
years, each term ending on the same day of the month of the year	3976
as did the term that it succeeds. A member may be reappointed to	3977
the board.	3978

(2) Membership on the board is not the holding of a public	3979
office or employment within the meaning of any section of the	3980
Revised Code or any charter provision prohibiting the holding of	3981
other public office or employment. Membership on the board is not	3982
a direct or indirect interest in a contract or expenditure of	3983
money by a municipal corporation, township, county, or other	3984
political subdivision with which a member may be affiliated.	3985
Notwithstanding any provision of law or a charter to the contrary,	3986
no member of the board shall forfeit or be disqualified from	3987
holding any public office or employment by reason of membership on	3988
the board.	3989

(3) The board is a public body for the purposes of section	3990
121.22 of the Revised Code. Chapter 2744. of the Revised Code	3991
applies to the board and the zone.	3992

(H) The contract may grant to the board of directors	3993
appointed under division (G) of this section the power to adopt a	3994
resolution to levy an income tax within the zone. The income tax	3995
shall be used for the purposes of the zone and for the purposes of	3996
the contracting municipal corporations pursuant to the contract.	3997
The income tax may be levied in the zone based on income earned by	3998
persons working within the zone and on the net profits of	3999
businesses located in the zone. The income tax is subject to	4000
Chapter 718. of the Revised Code, except that a vote shall be	4001
required by the electors residing in the zone to approve the rate	4002
of income tax unless a majority of the electors residing within	4003
the zone, as determined by the total number of votes cast in the	4004
zone for the office of governor at the most recent general	4005
election for that office, submit a petition to the board	4006
requesting that the election provided for in division (H)(1) of	4007
this section not be held. If no electors reside within the zone,	4008
then division (H)(3) of this section applies. The rate of the	4009
income tax shall be no higher than the highest rate being levied	4010
by a municipal corporation that is a party to the contract.	4011

(1) The board of directors may levy an income tax at a rate	4012
that is not higher than the highest rate being levied by a	4013
municipal corporation that is a party to the contract, provided	4014
that the rate of the income tax is first submitted to and approved	4015
by the electors of the zone at the succeeding regular or primary	4016
election, or a special election called by the board, occurring	4017
subsequent to seventy-five days after a certified copy of the	4018
resolution levying the income tax and calling for the election is	4019
filed with the board of elections. If the voters approve the levy	4020
of the income tax, the income tax shall be in force for the full	4021
period of the contract establishing the zone. No election shall be	4022
held under this section if a majority of the electors residing	4023
within the zone, determined as specified in division (H) of this	4024
section, submit a petition to that effect to the board of	4025
directors. Any increase in the rate of an income tax by the board	4026
of directors shall be approved by a vote of the electors of the	4027
zone and shall be in force for the remaining period of the	4028
contract establishing the zone.	4029

(2) Whenever a zone is located in the territory of more than	4030
one contracting party, a majority vote of the electors in each of	4031
the several portions of the territory of the contracting parties	4032
constituting the zone approving the levy of the tax is required	4033
before it may be imposed under division (H) of this section.	4034

(3) If no electors reside in the zone, no election for the	4035
approval or rejection of an income tax shall be held under this	4036
section, provided that where no electors reside in the zone, the	4037
rate of the income tax shall be no higher than the highest rate	4038
being levied by a municipal corporation that is a party to the	4039
contract.	4040

(4) The board of directors of a zone levying an income tax	4041
shall enter into an agreement with one of the municipal	4042
corporations that is a party to the contract to administer,	4043
collect, and enforce the income tax on behalf of the zone.	4044

(5) The board of directors of a zone shall publish or post	4045
public notice within the zone of any resolution adopted levying an	4046
income tax in the same manner required of municipal corporations	4047
under sections 731.21 and 731.25 of the Revised Code.	4048

(I)(1) If for any reason a contracting party reverts to or	4049
has its boundaries changed so that it is classified as a township	4050
that is the entity succeeding to that contracting party, the	4051
township is considered to be a municipal corporation for the	4052
purposes of the contract for the full period of the contract	4053
establishing the joint economic development zone, except that if	4054
that contracting party is administering, collecting, and enforcing	4055
the income tax on behalf of the district as provided in division	4056
(H)(4) of this section, the contract shall be amended to allow one	4057
of the other contracting parties to administer, collect, and	4058
enforce that tax.	4059

(2) Notwithstanding any other section of the Revised Code, if	4060
there is any change in the boundaries of a township so that a	4061
municipal corporation once located within the township is no	4062
longer so located, the township shall remain in existence even	4063
though its remaining unincorporated area contains less than	4064
twenty-two square miles, if the township has been or becomes a	4065
party to a contract creating a joint economic development zone	4066
under this section or the contract creating that joint economic	4067
development zone under this section is terminated or repudiated	4068
for any reason by any party or person. The township shall continue	4069
its existing status in all respects, including having the same	4070
form of government and the same elected board of trustees as its	4071
governing body. The township shall continue to receive all of its	4072
tax levies and sources of income as a township in accordance with	4073
any section of the Revised Code, whether suchthe levies and	4074
sources of income generate millage within the ten-mill limitation	4075
or in excess of the ten-mill limitation. The name of the township	4076
may be changed to the name of the contracting party appearing in	4077
the contract creating a joint economic development zone under this	4078
section, so long as the name does not conflict with any other name	4079
in the state that has been certified by the secretary of state.	4080
The township shall have all of the powers set out in sections	4081
715.79, 715.80, and 715.81 of the Revised Code.	4082

(J) If, after creating and operating a joint economic	4083
development zone under this section, a contracting party that did	4084
not levy a municipal income tax under Chapter 718. of the Revised	4085
Code levies such a tax, the tax shall not apply to the zone for	4086
the full period of the contract establishing the zone, if the	4087
board of directors of the zone has levied an income tax as	4088
provided in division (H) of this section.	4089

Sec. 715.70.  (A) This section and section 715.71 of the	4090
Revised Code apply only to:	4091

(1) Municipal corporations and townships within a county that	4092
has adopted a charter under Sections 3 and 4 of Article X, Ohio	4093
Constitution;	4094

(2) Municipal corporations and townships that have created a	4095
joint economic development district comprised entirely of real	4096
property owned by a municipal corporation at the time the district	4097
was created under this section. The real property owned by the	4098
municipal corporation shall include an airport owned by the	4099
municipal corporation and located entirely beyond the municipal	4100
corporation's corporate boundary.	4101

(3) Municipal corporations or townships that are part of or	4102
contiguous to a transportation improvement district created under	4103
Chapter 5540. of the Revised Code and that have created a joint	4104
economic development district under this section or section 715.71	4105
of the Revised Code prior to November 15, 1995;	4106

(4) Municipal corporations that have previously entered into	4107
a contract creating a joint economic development district pursuant	4108
to division (A)(2) of this section, even if the territory to be	4109
included in the district does not meet the requirements of that	4110
division.	4111

(B)(1) One or more municipal corporations and one or more	4112
townships may enter into a contract approved by the legislative	4113
authority of each contracting party pursuant to which they create	4114
as a joint economic development district an area or areas for the	4115
purpose of facilitating economic development to create or preserve	4116
jobs and employment opportunities and to improve the economic	4117
welfare of the people in the state and in the area of the	4118
contracting parties. A municipal corporation described in division	4119
(A)(4) of this section may enter into a contract with other	4120
municipal corporations and townships to create a new joint	4121
economic development district. In a district that includes a	4122
municipal corporation described in division (A)(4) of this	4123
section, the territory of each of the contracting parties shall be	4124
contiguous to the territory of at least one other contracting	4125
party, or contiguous to the territory of a township or municipal	4126
corporation that is contiguous to another contracting party, even	4127
if the intervening township or municipal corporation is not a	4128
contracting party. The area or areas of land to be included in the	4129
district shall not include any parcel of land owned in fee by a	4130
municipal corporation or a township or parcel of land that is	4131
leased to a municipal corporation or a township, unless the	4132
municipal corporation or township is a party to the contract or	4133
unless the municipal corporation or township has given its consent	4134
to have its parcel of land included in the district by the	4135
adoption of a resolution. As used in this division, "parcel of	4136
land" means any parcel of land owned by a municipal corporation or	4137
a township for at least a six-month period within a five-year	4138
period prior to the creation of a district, but "parcel of land"	4139
does not include streets or public ways and sewer, water, and	4140
other utility lines whether owned in fee or otherwise.	4141

The district created shall be located within the territory of	4142
one or more of the participating parties and may consist of all or	4143
a portion of such territory. The boundaries of the district shall	4144
be described in the contract or in an addendum to the contract.	4145

(2) Prior to the public hearing to be held pursuant to	4146
division (D)(2) of this section, the participating parties shall	4147
give a copy of the proposed contract to each municipal corporation	4148
located within one-quarter mile of the proposed joint economic	4149
development district and not otherwise a party to the contract,	4150
and afford the municipal corporation the reasonable opportunity,	4151
for a period of thirty days following receipt of the proposed	4152
contract, to make comments and suggestions to the participating	4153
parties regarding elements contained in the proposed contract.	4154

(3) The district shall not exceed two thousand acres in area.	4155
The territory of the district shall not completely surround	4156
territory that is not included within the boundaries of the	4157
district.	4158

(4) Sections 503.07 to 503.12 of the Revised Code do not	4159
apply to territory included within a district created pursuant to	4160
this section as long as the contract creating the district is in	4161
effect, unless the legislative authority of each municipal	4162
corporation and the board of township trustees of each township	4163
included in the district consent, by ordinance or resolution, to	4164
the application of those sections of the Revised Code.	4165

(5) Upon the execution of the contract creating the district	4166
by the parties to the contract, a participating municipal	4167
corporation or township included within the district shall file a	4168
copy of the fully executed contract with the county recorder of	4169
each county within which a party to the contract is located, in	4170
the miscellaneous records of the county. No annexation proceeding	4171
pursuant to Chapter 709. of the Revised Code that proposes the	4172
annexation to, merger, or consolidation with a municipal	4173
corporation of any unincorporated territory within the district	4174
shall be commenced for a period of three years after the contract	4175
is filed with the county recorder of each county within which a	4176
party to the contract is located unless each board of township	4177
trustees whose territory is included, in whole or part, within the	4178
district and the territory proposed to be annexed, merged, or	4179
consolidated adopts a resolution consenting to the commencement of	4180
the proceeding and a copy of the resolution is filed with the	4181
legislative authority of each county within which a party to the	4182
contract is located or unless the contract is terminated during	4183
this period.	4184

The contract entered into between the municipal corporations	4185
and townships pursuant to this section may provide for the	4186
prohibition of any annexation by the participating municipal	4187
corporations of any unincorporated territory within the district	4188
beyond the three-year mandatory prohibition of any annexation	4189
provided for in division (B)(5) of this section.	4190

(C)(1) After the legislative authority of a municipal	4191
corporation and the board of township trustees have adopted an	4192
ordinance and resolution approving a contract to create a joint	4193
economic development district pursuant to this section, and after	4194
a contract has been signed, the municipal corporations and	4195
townships shall jointly file a petition with the legislative	4196
authority of each county within which a party to the contract is	4197
located.	4198

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

4199

(i) A statement that the area or areas of the district is not	4200
greater than two thousand acres and is located within the	4201
territory of one or more of the contracting parties;	4202

(ii) A brief summary of the services to be provided by each	4203
party to the contract or a reference to the portion of the	4204
contract describing those services;	4205

(iii) A description of the area or areas to be designated as	4206
the district;	4207

(iv) The signature of a representative of each of the	4208
contracting parties.	4209

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

4210

(i) A signed copy of the contract, together with copies of	4211
district maps and plans related to or part of the contract;	4212

(ii) A certified copy of the ordinances and resolutions of	4213
the contracting parties approving the contract;	4214

(iii) A certificate from each of the contracting parties	4215
indicating that the public hearings required by division (D)(2) of	4216
this section have been held, the date of the hearings, and	4217
evidence of publication of the notice of the hearings;	4218

(iv) One or more signed statements of persons who are owners	4219
of property located in whole or in part within the area to be	4220
designated as the district, requesting that suchthe property be	4221
included within the district, provided that those statements shall	4222
represent a majority of the persons owning property located in	4223
whole or in part within the district and persons owning a majority	4224
of the acreage located within the district. A signature may be	4225
withdrawn by the signer up to but not after the time of the public	4226
hearing required by division (D)(2) of this section.	4227

(2) The legislative authority of each county within which a	4228
party to the contract is located shall adopt a resolution	4229
approving the petition for the creation of the district if the	4230
petition and other documents have been filed in accordance with	4231
the requirements of division (C)(1) of this section. If the	4232
petition and other documents do not substantially meet the	4233
requirements of that division, the legislative authority of any	4234
county within which a party to the contract is located may adopt a	4235
resolution disapproving the petition for the creation of the	4236
district. The legislative authority of each county within which a	4237
party to the contract is located shall adopt a resolution	4238
approving or disapproving the petition within thirty days after	4239
the petition was filed. If the legislative authority of each such	4240
county does not adopt the resolution within the thirty-day period,	4241
the petition shall be deemed approved and the contract shall go	4242
into effect immediately after that approval or at such other time	4243
as the contract specifies.	4244

(D)(1) The contract creating the district shall set forth or	4245
provide for the amount or nature of the contribution of each	4246
municipal corporation and township to the development and	4247
operation of the district and may provide for the sharing of the	4248
costs of the operation of and improvements for the district. The	4249
contributions may be in any form to which the contracting	4250
municipal corporations and townships agree and may include but are	4251
not limited to the provision of services, money, real or personal	4252
property, facilities, or equipment. The contract may provide for	4253
the contracting parties to share revenue from taxes levied on	4254
property by one or more of the contracting parties if those	4255
revenues may lawfully be applied to that purpose under the	4256
legislation by which those taxes are levied. The contract shall	4257
provide for new, expanded, or additional services, facilities, or	4258
improvements, including expanded or additional capacity for or	4259
other enhancement of existing services, facilities, or	4260
improvements, provided that those services, facilities, or	4261
improvements, or expanded or additional capacity for or	4262
enhancement of existing services, facilities, or improvements,	4263
required herein have been provided within the two-year period	4264
prior to the execution of the contract.	4265

(2) Before the legislative authority of a municipal	4266
corporation or a board of township trustees passes any ordinance	4267
or resolution approving a contract to create a joint economic	4268
development district pursuant to this section, the legislative	4269
authority of the municipal corporation and the board of township	4270
trustees shall each hold a public hearing concerning the joint	4271
economic development district contract and shall provide thirty	4272
days' public notice of the time and place of the public hearing in	4273
a newspaper of general circulation in the municipal corporation	4274
and the township. The board of township trustees may provide	4275
additional notice to township residents in accordance with section	4276
9.03 of the Revised Code, and any such additional notice shall	4277
include the public hearing announcement; a summary of the terms of	4278
the contract; a statement that the entire text of the contract and	4279
district maps and plans are on file for public examination in the	4280
office of the township clerkfiscal officer; and information	4281
pertaining to any tax changes whichthat will or may occur as a	4282
result of the contract.	4283

During the thirty-day period prior to the public hearing, a	4284
copy of the text of the contract together with copies of district	4285
maps and plans related to or part of the contract shall be on	4286
file, for public examination, in the offices of the clerk of the	4287
legislative authority of the municipal corporation and of the	4288
township clerkfiscal officer. The public hearing provided for in	4289
division (D)(2) of this section shall allow for public comment and	4290
recommendations from the public on the proposed contract. The	4291
contracting parties may include in the contract any of those	4292
recommendations prior to the approval of the contract.	4293

(3) Any resolution of the board of township trustees that	4294
approves a contract that creates a joint economic development	4295
district pursuant to this section shall be subject to a referendum	4296
of the electors of the township. When a referendum petition,	4297
signed by ten per cent of the number of electors in the township	4298
who voted for the office of governor at the most recent general	4299
election for the office of governor, is presented to the board of	4300
township trustees within thirty days after the board of township	4301
trustees adopted the resolution, ordering that the resolution be	4302
submitted to the electors of the township for their approval or	4303
rejection, the board of township trustees shall, after ten days	4304
and not later than four p.m. of the seventy-fifth day before the	4305
election, certify the text of the resolution to the board of	4306
elections. The board of elections shall submit the resolution to	4307
the electors of the township for their approval or rejection at	4308
the next general, primary, or special election occurring	4309
subsequent to seventy-five days after the certifying of the	4310
petition to the board of elections.	4311

(4) Upon the creation of a district under this section or	4312
section 715.71 of the Revised Code, one of the contracting parties	4313
shall file a copy of the following with the director of	4314
development:	4315

(a) The petition and other documents described in division	4316
(C)(1) of this section, if the district is created under this	4317
section;	4318

(b) The documents described in division (D) of section 715.71	4319
of the Revised Code, if the district is created under this	4320
section;.	4321

(E) The district created by the contract shall be governed by	4322
a board of directors that shall be established by or pursuant to	4323
the contract. The board is a public body for the purposes of	4324
section 121.22 of the Revised Code. The provisions of Chapter	4325
2744. of the Revised Code apply to the board and the district. The	4326
members of the board shall be appointed as provided in the	4327
contract from among the elected members of the legislative	4328
authorities and the elected chief executive officers of the	4329
contracting parties, provided that there shall be at least two	4330
members appointed from each of the contracting parties.	4331

(F) The contract shall enumerate the specific powers, duties,	4332
and functions of the board of directors of a district, and the	4333
contract shall provide for the determination of procedures that	4334
are to govern the board of directors. The contract may grant to	4335
the board the power to adopt a resolution to levy an income tax	4336
within the district. The income tax shall be used for the purposes	4337
of the district and for the purposes of the contracting municipal	4338
corporations and townships pursuant to the contract. The income	4339
tax may be levied in the district based on income earned by	4340
persons working or residing within the district and based on the	4341
net profits of businesses located in the district. The income tax	4342
shall follow the provisions of Chapter 718. of the Revised Code,	4343
except that a vote shall be required by the electors residing in	4344
the district to approve the rate of income tax. If no electors	4345
reside within the district, then division (F)(4) of this section	4346
applies. The rate of the income tax shall be no higher than the	4347
highest rate being levied by a municipal corporation that is a	4348
party to the contract.	4349

(1) Within one hundred eighty days after the first meeting of	4350
the board of directors, the board may levy an income tax, provided	4351
that the rate of the income tax is first submitted to and approved	4352
by the electors of the district at the succeeding regular or	4353
primary election, or a special election called by the board,	4354
occurring subsequent to seventy-five days after a certified copy	4355
of the resolution levying the income tax and calling for the	4356
election is filed with the board of elections. If the voters	4357
approve the levy of the income tax, the income tax shall be in	4358
force for the full period of the contract establishing the	4359
district. Any increase in the rate of an income tax that was first	4360
levied within one hundred eighty days after the first meeting of	4361
the board of directors shall be approved by a vote of the electors	4362
of the district, shall be in force for the remaining period of the	4363
contract establishing the district, and shall not be subject to	4364
division (F)(2) of this section.	4365

(2) Any resolution of the board of directors levying an	4366
income tax that is adopted subsequent to one hundred eighty days	4367
after the first meeting of the board of directors shall be subject	4368
to a referendum as provided in division (F)(2) of this section.	4369
Any resolution of the board of directors levying an income tax	4370
that is adopted subsequent to one hundred eighty days after the	4371
first meeting of the board of directors shall be subject to an	4372
initiative proceeding to amend or repeal the resolution levying	4373
the income tax as provided in division (F)(2) of this section.	4374
When a referendum petition, signed by ten per cent of the number	4375
of electors in the district who voted for the office of governor	4376
at the most recent general election for the office of governor, is	4377
filed with the county auditor of each county within which a party	4378
to the contract is located within thirty days after the resolution	4379
is adopted by the board or when an initiative petition, signed by	4380
ten per cent of the number of electors in the district who voted	4381
for the office of governor at the most recent general election for	4382
the office of governor, is filed with the county auditor of each	4383
such county ordering that a resolution to amend or repeal a prior	4384
resolution levying an income tax be submitted to the electors	4385
within the district for their approval or rejection, the county	4386
auditor of each such county, after ten days and not later than	4387
four p.m. of the seventy-fifth day before the election, shall	4388
certify the text of the resolution to the board of elections of	4389
that county. The county auditor of each such county shall retain	4390
the petition. The board of elections shall submit the resolution	4391
to such electors, for their approval or rejection, at the next	4392
general, primary, or special election occurring subsequent to	4393
seventy-five days after the certifying of such petition to the	4394
board of elections.	4395

(3) Whenever a district is located in the territory of more	4396
than one contracting party, a majority vote of the electors, if	4397
any, in each of the several portions of the territory of the	4398
contracting parties constituting the district approving the levy	4399
of the tax is required before it may be imposed pursuant to this	4400
division.	4401

(4) If there are no electors residing in the district, no	4402
election for the approval or rejection of an income tax shall be	4403
held pursuant to this section, provided that where no electors	4404
reside in the district, the maximum rate of the income tax that	4405
may be levied shall not exceed one per cent.	4406

(5) The board of directors of a district levying an income	4407
tax shall enter into an agreement with one of the municipal	4408
corporations that is a party to the contract to administer,	4409
collect, and enforce the income tax on behalf of the district. The	4410
resolution levying the income tax shall provide the same credits,	4411
if any, to residents of the district for income taxes paid to	4412
other such districts or municipal corporations where the residents	4413
work, as credits provided to residents of the municipal	4414
corporation administering the income tax.	4415

(6)(a) The board shall publish or post public notice within	4416
the district of any resolution adopted levying an income tax in	4417
the same manner required of municipal corporations under sections	4418
731.21 and 731.25 of the Revised Code.	4419

(b) Except as otherwise specified by this division, any	4420
referendum or initiative proceeding within a district shall be	4421
conducted in the same manner as is required for such proceedings	4422
within a municipal corporation pursuant to sections 731.28 to	4423
731.40 of the Revised Code.	4424

(G) Membership on the board of directors does not constitute	4425
the holding of a public office or employment within the meaning of	4426
any section of the Revised Code or any charter provision	4427
prohibiting the holding of other public office or employment, and	4428
shall not constitute an interest, either direct or indirect, in a	4429
contract or expenditure of money by any municipal corporation,	4430
township, county, or other political subdivision with which the	4431
member may be connected. No member of a board of directors shall	4432
be disqualified from holding any public office or employment, nor	4433
shall such member forfeit or be disqualified from holding any such	4434
office or employment, by reason of the member's membership on the	4435
board of directors, notwithstanding any law or charter provision	4436
to the contrary.	4437

(H) The powers and authorizations granted pursuant to this	4438
section or section 715.71 of the Revised Code are in addition to	4439
and not in derogation of all other powers granted to municipal	4440
corporations and townships pursuant to law. When exercising a	4441
power or performing a function or duty under a contract authorized	4442
pursuant to this section or section 715.71 of the Revised Code, a	4443
municipal corporation may exercise all of the powers of a	4444
municipal corporation, and may perform all the functions and	4445
duties of a municipal corporation, within the district, pursuant	4446
to and to the extent consistent with the contract. When exercising	4447
a power or performing a function or duty under a contract	4448
authorized pursuant to this section or section 715.71 of the	4449
Revised Code, a township may exercise all of the powers of a	4450
township, and may perform all the functions and duties of a	4451
township, within the district, pursuant to and to the extent	4452
consistent with the contract. The district board of directors has	4453
no powers except those specifically set forth in the contract as	4454
agreed to by the participating parties. No political subdivision	4455
shall authorize or grant any tax exemption pursuant to Chapter	4456
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	4457
Revised Code on any property located within the district, except	4458
that a political subdivision that is a contracting party may grant	4459
a tax exemption under section 5709.62, 5709.63, or 5709.632 of the	4460
Revised Code on property located within the district, with the	4461
consent of the other contracting parties. The prohibition for any	4462
tax exemption pursuant to this division shall not apply to any	4463
exemption filed, pending, or approved, or for which an agreement	4464
has been entered into, before the effective date of the contract	4465
entered into by the parties.	4466

(I) Municipal corporations and townships may enter into	4467
binding agreements pursuant to a contract authorized under this	4468
section or section 715.71 of the Revised Code with respect to the	4469
substance and administration of zoning and other land use	4470
regulations, building codes, public permanent improvements, and	4471
other regulatory and proprietary matters that are determined,	4472
pursuant to the contract, to be for a public purpose and to be	4473
desirable with respect to the operation of the district or to	4474
facilitate new or expanded economic development in the state or	4475
the district, provided that no contract shall exempt the territory	4476
within the district from the procedures and processes of land use	4477
regulation applicable pursuant to municipal corporation, township,	4478
and county regulations, including but not limited to procedures	4479
and processes concerning zoning.	4480

(J) A contract entered into pursuant to this section or	4481
section 715.71 of the Revised Code may be amended and it may be	4482
renewed, canceled, or terminated as provided in or pursuant to the	4483
contract. The contract may be amended to add property owned by one	4484
of the contracting parties to the district, or may be amended to	4485
delete property from the district whether or not one of the	4486
contracting parties owns the deleted property. The contract shall	4487
continue in existence throughout its term and shall be binding on	4488
the contracting parties and on any entities succeeding to such	4489
parties, whether by annexation, merger, or otherwise. The income	4490
tax levied by the board pursuant to this section or section 715.71	4491
of the Revised Code shall apply in the entire district throughout	4492
the term of the contract, notwithstanding that all or a portion of	4493
the district becomes subject to annexation, merger, or	4494
incorporation. No township or municipal corporation is divested of	4495
its rights or obligations under the contract because of	4496
annexation, merger, or succession of interests.	4497

(K) After the creation of a joint economic development	4498
district described in division (A)(2) of this section, a municipal	4499
corporation that is a contracting party may cease to own property	4500
included in the district, but such property shall continue to be	4501
included in the district and subject to the terms of the contract.	4502

Sec. 715.71.  (A) This section provides alternative	4503
procedures and requirements to those set forth in section 715.70	4504
of the Revised Code for creating and operating a joint economic	4505
development district. Divisions (B), (C), (D)(1) to (3), and (F)	4506
of section 715.70 of the Revised Code do not apply to a joint	4507
economic development district established under this section.	4508
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K)	4509
of section 715.70 of the Revised Code do apply to a district	4510
established under this section.	4511

(B) One or more municipal corporations and one or more	4512
townships may enter into a contract approved by the legislative	4513
authority of each contracting party pursuant to which they create	4514
as a joint economic development district one or more areas for the	4515
purpose of facilitating economic development to create or preserve	4516
jobs and employment opportunities and to improve the economic	4517
welfare of the people in this state and in the area of the	4518
contracting parties. The district created shall be located within	4519
the territory of one or more of the contracting parties and may	4520
consist of all or a portion of suchthat territory. The boundaries	4521
of the district shall be described in the contract or in an	4522
addendum to the contract. The area or areas of land to be included	4523
in the district shall not include any parcel of land owned in fee	4524
by or leased to a municipal corporation or township, unless the	4525
municipal corporation or township is a party to the contract or	4526
has given its consent to have its parcel of land included in the	4527
district by the adoption of a resolution. As used in this	4528
division, "parcel of land" has the same meaning as in division (B)	4529
of section 715.70 of the Revised Code.	4530

(C) Before the legislative authority of a municipal	4531
corporation or a board of township trustees adopts an ordinance or	4532
resolution approving a contract to create a joint economic	4533
development district under this section, it shall hold a public	4534
hearing concerning the joint economic development district	4535
contract and shall provide thirty days' public notice of the time	4536
and place of the public hearing in a newspaper of general	4537
circulation in the municipal corporation and the township. Each	4538
municipal corporation and township that is a party to the contract	4539
shall hold a public hearing. During the thirty-day period prior to	4540
a public hearing, a copy of the text of the contract together with	4541
copies of district maps and plans related to or part of the	4542
contract shall be on file, for public examination, in the offices	4543
of the clerk of the legislative authority of the municipal	4544
corporation and of the township clerkfiscal officer. The public	4545
hearings provided for in this division shall allow for public	4546
comment and recommendations on the proposed contract. The	4547
participating parties may include in the contract any of those	4548
recommendations prior to approval of the contract.	4549

(D) After the legislative authority of a municipal	4550
corporation and the board of township trustees have adopted an	4551
ordinance and resolution approving a contract to create a joint	4552
economic development district, the municipal corporation and the	4553
township jointly shall file with the legislative authority of each	4554
county within which a party to the contract is located all of the	4555
following:	4556

(1) A signed copy of the contract, together with copies of	4557
district maps and plans related to or part of the contract;	4558

(2) Certified copies of the ordinances and resolutions of the	4559
contracting parties relating to the district and the contract;	4560

(3) A certificate of each of the contracting parties that the	4561
public hearings provided for in division (C) of this section have	4562
been held, the date of suchthe hearings, and evidence of	4563
publication of the notice of suchthe hearings.	4564

(E) Within thirty days after the filing under division (D) of	4565
this section, the legislative authority of each county within	4566
which a party to the contract is located shall adopt a resolution	4567
acknowledging the receipt of the required documents, approving the	4568
creation of the joint economic development district, and directing	4569
that the resolution of the board of township trustees approving	4570
the contract be submitted to the electors of the township for	4571
approval at the next succeeding general, primary, or special	4572
election. The legislative authority of the county shall file with	4573
the board of elections at least seventy-five days before the day	4574
of the election a copy of the resolution of the board of township	4575
trustees approving the contract. The resolution of the legislative	4576
authority of the county also shall specify the date the election	4577
is to be held and shall direct the board of elections to conduct	4578
the election in the township. If the resolution of the legislative	4579
authority of the county is not adopted within the thirty-day	4580
period after the filing under division (D) of this section, the	4581
joint economic development district shall be deemed approved by	4582
the county legislative authority, and the board of township	4583
trustees shall file its resolution with the board of elections for	4584
submission to the electors of the township for approval at the	4585
next succeeding general, primary, or special election. SuchThe	4586
filing shall occur at least seventy-five days before the specified	4587
date the election is to be held and shall direct the board of	4588
elections to conduct the election in the township.	4589

The ballot shall be in the following form:

4590

"Shall the resolution of the board of township trustees	4591
approving the contract with ............... (here insert name of	4592
each municipal corporation and other township that is a party to	4593
the contract) for the creation of a joint economic development	4594
district be approved?	4595

4596

		FOR THE RESOLUTION AND CONTRACT			4597
		AGAINST THE RESOLUTION AND CONTRACT	"		4598

4599

If a majority of the electors of the township voting on the issue	4600
vote for the resolution and contract, the resolution shall become	4601
effective immediately and the contract shall go into effect	4602
immediately or in accordance with its terms.	4603

(F) The contract creating the district shall set forth or	4604
provide for the amount or nature of the contribution of each	4605
municipal corporation and township to the development and	4606
operation of the district and may provide for the sharing of the	4607
costs of the operation of and improvements for the district. The	4608
contributions may be in any form to which the contracting	4609
municipal corporations and townships agree and may include but are	4610
not limited to the provision of services, money, real or personal	4611
property, facilities, or equipment. The contract may provide for	4612
the contracting parties to share revenue from taxes levied on	4613
property by one or more of the contracting parties if those	4614
revenues may lawfully be applied to that purpose under the	4615
legislation by which those taxes are levied. The contract shall	4616
provide for new, expanded, or additional services, facilities, or	4617
improvements, including expanded or additional capacity for or	4618
other enhancement of existing services, facilities, or	4619
improvements, provided that the existing services, facilities, or	4620
improvements, or the expanded or additional capacity for or	4621
enhancement of the existing services, facilities, or improvements,	4622
have been provided within the two-year period prior to the	4623
execution of the contract.	4624

(G) The contract shall enumerate the specific powers, duties,	4625
and functions of the board of directors of the district and shall	4626
provide for the determination of procedures that are to govern the	4627
board of directors. The contract may grant to the board the power	4628
to adopt a resolution to levy an income tax within the district.	4629
The income tax shall be used for the purposes of the district and	4630
for the purposes of the contracting municipal corporations and	4631
townships pursuant to the contract. The income tax may be levied	4632
in the district based on income earned by persons working or	4633
residing within the district and based on the net profits of	4634
businesses located in the district. The income tax of the district	4635
shall follow the provisions of Chapter 718. of the Revised Code,	4636
except that no vote shall be required by the electors residing in	4637
the district. The rate of the income tax shall be no higher than	4638
the highest rate being levied by a municipal corporation that is a	4639
party to the contract.	4640

The board of directors of a district levying an income tax	4641
shall enter into an agreement with one of the municipal	4642
corporations that is a party to the contract to administer,	4643
collect, and enforce the income tax on behalf of the district. The	4644
resolution levying the income tax shall provide the same credits,	4645
if any, to residents of the district for income taxes paid to	4646
other such districts or municipal corporations where the residents	4647
work, as credits provided to residents of the municipal	4648
corporation administering the income tax.	4649

(H) No annexation proceeding pursuant to Chapter 709. of the	4650
Revised Code that proposes the annexation to or merger or	4651
consolidation with a municipal corporation, except a municipal	4652
corporation that is a party to the contract, of any unincorporated	4653
territory within the district shall be commenced for a period of	4654
three years after the contract is filed with the legislative	4655
authority of each county within which a party to the contract is	4656
located in accordance with division (D) of this section unless	4657
each board of township trustees whose territory is included, in	4658
whole or part, within the district and the territory proposed to	4659
be annexed, merged, or consolidated adopts a resolution consenting	4660
to the commencement of the proceeding and a copy of the resolution	4661
is filed with the legislative authority of each such county or	4662
unless the contract is terminated during this three-year period.	4663
The contract entered into between the municipal corporations and	4664
townships pursuant to this section may provide for the prohibition	4665
of any annexation by the participating municipal corporations of	4666
any unincorporated territory within the district.	4667

Sec. 715.75.  Before the legislative authority of any of the	4668
contracting parties adopts an ordinance or resolution approving a	4669
contract to create a joint economic development district, the	4670
legislative authority of each of the contracting parties shall	4671
hold a public hearing concerning the contract and district. Each	4672
such legislative authority shall provide at least thirty days'	4673
public notice of the time and place of the public hearing in a	4674
newspaper of general circulation in the municipal corporation or	4675
township, as applicable. During the thirty-day period prior to the	4676
public hearing and until the filing is made under section 715.76	4677
of the Revised Code, all of the following documents shall be	4678
available for public inspection in the office of the clerk of the	4679
legislative authority of eacha municipal corporation that is a	4680
contracting party and in the office of the fiscal officer of thea	4681
township that is a contracting partiesparty:	4682

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

4683

(B) A description of the area or areas to be included in the	4684
district, including a map in sufficient detail to denote the	4685
specific boundaries of the area or areas and to indicate any	4686
zoning restrictions applicable to the area or areas;	4687

(C) An economic development plan for the district that	4688
consists of both of the following schedules:	4689

(1) A schedule for the provision of the new, expanded, or	4690
additional services, facilities, or improvements described in	4691
division (A) of section 715.74 of the Revised Code;	4692

(2) A schedule for the collection of an income tax levied	4693
under division (C) of section 715.74 of the Revised Code.	4694

A public hearing held under this section shall allow for	4695
public comment and recommendations on the contract and district.	4696
The contracting parties may include in the contract any of those	4697
recommendations prior to approval of the contract.	4698

Before any of the contracting parties approves a contract	4699
under section 715.76 of the Revised Code, the contracting parties	4700
shall deliver a copy of the contract to the board of county	4701
commissioners of each county in which a contracting party is	4702
located. Any such county may enter into an agreement with the	4703
contracting parties regarding the provision of services by the	4704
county within the proposed district and may enter into an	4705
agreement with the contracting parties to extend services to the	4706
area or areas to be included in the district.	4707

Sec. 715.76.  After the public hearings required under	4708
section 715.75 of the Revised Code have been held, each	4709
contracting party may adopt an ordinance or resolution approving	4710
the contract to create a joint economic development district.	4711
After each contracting party has adopted such an ordinance or	4712
resolution, the contracting parties jointly shall file with the	4713
legislative authority of each county within which a contracting	4714
party is located all of the following documents:	4715

(A) A signed copy of the contract;

4716

(B) A description of the area or areas to be included in the	4717
district, including a map in sufficient detail to denote the	4718
specific boundaries of the area or areas and to indicate any	4719
zoning restrictions applicable to the area or areas;	4720

(C) The economic development plan described in division (C)	4721
of section 715.75 of the Revised Code;	4722

(D) Certified copies of the ordinances and resolutions of the	4723
contracting parties relating to the contract and district;	4724

(E) A certificate of each contracting party that the public	4725
hearings required by section 715.75 of the Revised Code have been	4726
held, the date of the hearings, and evidence of publication of the	4727
notice of the hearings;	4728

(F) A petition signed by a majority of the owners of property	4729
located within the area or areas to be included in the district;	4730

(G) A petition signed by a majority of the owners of	4731
businesses, if any, located within the area or areas to be	4732
included in the district.	4733

The petitions described in divisions (F) and (G) of this	4734
section shall specify that all of the documents described in	4735
divisions (A) throughto (C) of section 715.75 of the Revised Code	4736
are available for public inspection in the office of the clerk of	4737
the legislative authority of each municipal corporation that is a	4738
contracting party or the office of the township clerkfiscal	4739
officer of each township that is a contracting party.	4740

Not later than ten days after all of the documents described	4741
in divisions (A) to (G) of this section have been filed, each	4742
contracting party shall give notice to those owners of property	4743
within the area or areas to be included in the district who did	4744
not sign the petition described in division (F) of this section	4745
and whose property is located within the boundaries of that	4746
contracting party and to those owners of businesses, if any,	4747
within the area or areas to be included in the district who did	4748
not sign the petition described in division (G) of this section	4749
and whose property is located within the boundaries of that	4750
contracting party. Notice shall be given by certified mail and	4751
shall specify that the owners of property and businesses are	4752
located within the area or areas to be included in the district	4753
and that all of the documents described in divisions (A) to (C) of	4754
section 715.75 of the Revised Code are available for public	4755
inspection in the office of the clerk of the legislative authority	4756
of each municipal corporation that is a contracting party or the	4757
office of the township clerkfiscal officer of each township that	4758
is a contracting party. The contracting parties shall equally bear	4759
the cost of providing notice under this section.	4760

If the contracting parties do not file all of the documents	4761
described in divisions (A) throughto (G) of this section, the	4762
legislative authority of a county within which a contracting party	4763
is located may adopt a resolution disapproving the creation of the	4764
joint economic development district. In addition, the legislative	4765
authority of such athe county may adopt a resolution disapproving	4766
the creation of the district if it determines, in written findings	4767
of fact, that each contracting party did not enter into the	4768
contract freely and without duress or coercion.	4769

Sec. 971.05.  The cost due the township clerkfiscal officer	4770
and the board of township trustees for making the assignment set	4771
forth in section 971.04 of the Revised Code, shall be taxed	4772
equally against each of the persons, and, if not paid to the clerk	4773
fiscal officer within thirty days from the date of suchthe	4774
assignment, shall be certified by himthe fiscal officer to the	4775
county auditor, with a correct description of the lands and the	4776
amount charged against each portion.	4777

Sec. 971.06.  The county auditor shall place the amount	4778
authorized in section 971.05 of the Revised Code, upon the	4779
duplicate to be collected as other taxes, and the county treasurer	4780
shall pay it, when collected, to the township clerkfiscal officer	4781
as other funds are paid.	4782

Sec. 971.08.  When the work is completed to the satisfaction	4783
of the board of township trustees, it shall certify the costs to	4784
the township clerk, and, iffiscal officer. If the costs are not	4785
paid within thirty days, such clerkthe township fiscal officer	4786
shall certify them to the county auditor with a statement of the	4787
cost of the construction and incidental costs incurred by the	4788
trustees, withand a correct description of each piece of land	4789
upon which the costs are assessed.	4790

Sec. 971.09.  The county auditor shall place the amounts	4791
certified, as provided in section 971.08 of the Revised Code, upon	4792
the tax duplicate, which amounts shall become a lien and be	4793
collected as other taxes, and the. The board of township trustees	4794
shall certify the amount due each person for building suchthe	4795
fence and the amount due each trustee and clerkthe township	4796
fiscal officer for services rendered. In anticipation of the	4797
collection thereofof the amounts, the auditor shall draw orders	4798
for the payment of suchthe amounts out of the county treasury.	4799

Sec. 971.12.  The report of the assignment of partition	4800
fences under this chapter shall be made and certified to the	4801
county recorder by the township clerkfiscal officer, and the cost	4802
of the record thereofof the report shall be taxed against the	4803
parties with the other costs.	4804

Sec. 971.35.  When the work authorized in section 971.34 of	4805
the Revised Code is completed, the board of township trustees	4806
shall certify to the county auditor the amount of the cost of the	4807
work with the expense thereto attached, and a correct description	4808
of the land upon which the work was performed, and the. The	4809
auditor shall place the amount upon the tax duplicate to be	4810
collected as other taxes. The county treasurer shall pay the	4811
amount, when collected, to the township clerkfiscal officer as	4812
other funds are paid.	4813

Sec. 971.36.  The board of township trustees may anticipate	4814
the collection, and refund the cost of the work authorized in	4815
section 971.34 of the Revised Code, to the township clerkfiscal	4816
officer for the amount, payable out of any township funds that may	4817
be in histhe fiscal officer's hands.	4818

Sec. 1341.16.  A surety of a constable, township clerkfiscal	4819
officer, or other township officer, may notify the board of	4820
township trustees, by giving at least five days' notice in	4821
writing, that hethe surety is unwilling to continue as surety for	4822
suchthe officer, and, at a time named in suchthe notice, will	4823
make application to the board to be released from further	4824
liability upon histhe bond. HeThe surety also shall give at	4825
least three days' notice in writing to suchthe officer, of the	4826
time and place at which the application will be made.	4827

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	4828
stamps, deer and wild turkey permits, fur taker permits, and any	4829
other licenses, permits, or stamps that are required under this	4830
chapter or Chapter 1531. of the Revised Code and any reissued	4831
license, permit, or stamp may be issued by the clerk of the court	4832
of common pleas, village andclerks, township clerksfiscal	4833
officers, and other authorized agents designated by the chief of	4834
the division of wildlife. When required by the chief, a clerk,	4835
fiscal officer, or other agent shall give bond in the manner	4836
provided by the chief. All bonds, reports, except records	4837
prescribed by the auditor of state, and moneys received by those	4838
persons shall be handled under rules adopted by the director of	4839
natural resources.	4840

The premium of any bond prescribed by the chief under this	4841
section may be paid by the chief. Any person who is designated and	4842
authorized by the chief to issue licenses, stamps, and permits as	4843
provided in this section, except the clerk of the court of common	4844
pleas and the, a village clerk, and a township clerksfiscal	4845
officer, shall pay to the chief a premium in an amount that	4846
represents the person's portion of the premium paid by the chief	4847
under this section, which amount shall be established by the chief	4848
and approved by the wildlife council created under section 1531.03	4849
of the Revised Code. The chief shall pay all moneys that the chief	4850
receives as premiums under this section into the state treasury to	4851
the credit of the wildlife fund created under section 1531.17 of	4852
the Revised Code.	4853

Every authorized agent, for the purpose of issuing hunting	4854
and fishing licenses, wetlands habitat stamps, deer and wild	4855
turkey permits, and fur taker permits, may administer oaths to and	4856
take affidavits from applicants for the licenses, stamps, or	4857
permits when required. An authorized agent may appoint deputies to	4858
perform any acts that the agent is authorized to perform,	4859
consistent with division rules.	4860

Every applicant for a hunting or fishing license, wetlands	4861
habitat stamp, deer or wild turkey permit, or fur taker permit,	4862
unless otherwise provided by division rule, shall provide the	4863
applicant's name, date of birth, weight, height, and place of	4864
residence, and any other information that the chief may require.	4865
The clerk, fiscal officer, or other agent authorized to issue	4866
licenses, stamps, and permits shall charge each applicant a fee of	4867
one dollar for taking the information provided by the applicant	4868
and issuing the license, stamp, or permit. The application,	4869
license, stamp, permit, and other blanks required by this section	4870
shall be prepared and furnished by the chief, in suchthe form as	4871
the chief provides, to the clerk, fiscal officer, or other agent	4872
authorized to issue them. The licenses and permits shall be issued	4873
to applicants by the clerk, fiscal officer, or other agent. The	4874
record of licenses and permits kept by the clerkclerks, fiscal	4875
officers, and other authorized agents shall be uniform throughout	4876
the state and in suchthe form or manner as the auditor of state	4877
prescribes and shall be open at all reasonable hours to the	4878
inspection of any person. Unless otherwise provided by division	4879
rule, each hunting license, deer or wild turkey permit, and fur	4880
taker permit issued shall remain in force until midnight of the	4881
thirty-first day of August next ensuing. Application for any such	4882
license or permit may be made and a license or permit issued prior	4883
to the date upon which it becomes effective.	4884

The chief may require an applicant who wishes to purchase a	4885
license, stamp, or permit by mail or telephone or via the internet	4886
to pay a nominal fee for postage and handling and credit card	4887
transactions.	4888

The court before whom a violator of any laws or division	4889
rules for the protection of wild animals is tried, as a part of	4890
the punishment, shall revoke the license, stamp, or permit of any	4891
person convicted. The license, stamp, or permit fee paid by that	4892
person shall not be returned to the person. The person shall not	4893
procure or use any other license, stamp, or permit or engage in	4894
hunting wild animals or trapping fur-bearing animals during the	4895
period of revocation as ordered by the court.	4896

No person under sixteen years of age shall engage in hunting	4897
unless accompanied by the person's parent or another adult person.	4898

Sec. 1710.02.  (A) A special improvement district may be	4899
created within the boundaries of any one municipal corporation,	4900
any one township, or any combination of contiguous municipal	4901
corporations and townships by a petition of the property owners	4902
within the proposed district, for the purpose of developing and	4903
implementing plans for public improvements and public services	4904
that benefit the district. All territory in a district shall be	4905
contiguous.	4906

The district shall be governed by the board of trustees of a	4907
nonprofit corporation. This board shall be known as the board of	4908
directors of the special improvement district. No special	4909
improvement district shall include any church property, or	4910
property of the federal or state government or a county, township,	4911
or municipal corporation, unless the church or the county,	4912
township, or municipal corporation specifically requests in	4913
writing that the property be included within the district. More	4914
than one district may be created within a participating political	4915
subdivision, but no real property may be included within more than	4916
one district unless the owner of the property files a written	4917
consent with the clerk of the legislative authority, the township	4918
fiscal officer, or the village clerk, as appropriate. The area of	4919
each district shall be contiguous.	4920

(B) Except as provided in division (C) of this section, a	4921
district created under this chapter is not a political	4922
subdivision. A district created under this chapter shall be	4923
considered a public agency under section 102.01 and a public	4924
authority under section 4115.03 of the Revised Code. Each member	4925
of the board of directors of a district, each member's designee or	4926
proxy, and each officer and employee of a district shall be	4927
considered a public official or employee under section 102.01 of	4928
the Revised Code and a public official and public servant under	4929
section 2921.42 of the Revised Code. Districts created under this	4930
chapter are not subject to section 121.24 of the Revised Code.	4931
Districts created under this chapter are subject to sections	4932
121.22 and 121.23 of the Revised Code.	4933

(C) Each district created under this chapter shall be	4934
considered a political subdivision for purposes of section 4905.34	4935
of the Revised Code.	4936

Membership on the board of directors of the district shall	4937
not be considered as holding a public office. Directors and their	4938
designees shall be entitled to the immunities provided by Chapter	4939
1702. and to the same immunity as an employee under division	4940
(A)(6) of section 2744.03 of the Revised Code, except that	4941
directors and their designees shall not be entitled to the	4942
indemnification provided in section 2744.07 of the Revised Code	4943
unless the director or designee is an employee or official of a	4944
participating political subdivision of the district and is acting	4945
within the scope of the director's or designee's employment or	4946
official responsibilities.	4947

District officers and district members and directors and	4948
their designees or proxies shall not be required to file a	4949
statement with the Ohio ethics commission under section 102.02 of	4950
the Revised Code. All records of the district shall be treated as	4951
public records under section 149.43 of the Revised Code, except	4952
that records of organizations contracting with a district shall	4953
not be considered to be public records under section 149.43 or	4954
section 149.431 of the Revised Code solely by reason of any	4955
contract with a district.	4956

(D) Except as otherwise provided in this section, the	4957
nonprofit corporation that governs a district shall be organized	4958
in the manner described in Chapter 1702. of the Revised Code. The	4959
corporation's articles of incorporation are required to be	4960
approved, as provided in division (E) of this section, by	4961
resolution of the legislative authority of each participating	4962
political subdivision of the district. A copy of that resolution	4963
shall be filed along with the articles of incorporation in the	4964
secretary of state's office.	4965

In addition to meeting the requirements for articles of	4966
incorporation set forth in Chapter 1702. of the Revised Code, the	4967
articles of incorporation for the nonprofit corporation governing	4968
a district formed under this chapter shall provide all the	4969
following:	4970

(1) The name for the district, which shall include the name	4971
of each participating political subdivision of the district;	4972

(2) A description of the territory within the district, which	4973
may be all or part of each participating political subdivision.	4974
The description shall be specific enough to enable real property	4975
owners to determine if their property is located within the	4976
district.	4977

(3) A description of the procedure by which the articles of	4978
incorporation may be amended. The procedure shall include	4979
receiving approval of the amendment, by resolution, from the	4980
legislative authority of each participating political subdivision	4981
and filing the approved amendment and resolution with the	4982
secretary of state.	4983

(4) The reasons for creating the district, plus an	4984
explanation of how the district will be conducive to the public	4985
health, safety, peace, convenience, and welfare of the district.	4986

(E) The articles of incorporation for a nonprofit corporation	4987
governing a district created under this chapter and amendments to	4988
them shall be submitted to the municipal executive, if any, and	4989
the legislative authority of each municipal corporation or	4990
township in which the proposed district is to be located,	4991
accompanied by a petition signed either by the owners of at least	4992
sixty per cent of the front footage of all real property located	4993
in the proposed district that abuts upon any street, alley, public	4994
road, place, boulevard, parkway, park entrance, easement, or other	4995
existing public improvement within the proposed district,	4996
excluding church property or property owned by the state, county,	4997
township, municipal, or federal government, unless a church,	4998
county, township, or municipal corporation has specifically	4999
requested in writing that the property be included in the	5000
district, or by the owners of at least seventy-five per cent of	5001
the area of all real property located within the proposed	5002
district, excluding church property or property owned by the	5003
state, county, township, municipal, or federal government, unless	5004
a church, county, township, or municipal corporation has	5005
specifically requested in writing that the property be included in	5006
the district. For purposes of determining compliance with these	5007
requirements, the area of the district, or the front footage and	5008
ownership of property, shall be as shown in the most current	5009
records available at the county recorder's office and the county	5010
engineer's office sixty days prior to the date on which the	5011
petition is filed.	5012

Each municipal corporation or township with which the	5013
petition is filed has sixty days to approve or disapprove, by	5014
resolution, the petition, including the articles of incorporation.	5015
This chapter does not prohibit or restrict the rights of municipal	5016
corporations under Article XVIII of the Ohio Constitution or the	5017
right of the municipal legislative authority to impose reasonable	5018
conditions in a resolution of approval.	5019

(F) Persons proposing creation and operation of the district	5020
may propose an initial plan for public services or public	5021
improvements that benefit all or any part of the district. Any	5022
initial plan shall be submitted as part of the petition proposing	5023
creation of the district.	5024

An initial plan may include provisions for the following:

5025

(1) Creation and operation of the district and of the	5026
nonprofit corporation to govern the district under this chapter;	5027

(2) Hiring employees and professional services;

5028

(3) Contracting for insurance;

5029

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

5030

(5) Other actions necessary initially to form, operate, or	5031
organize the district and the nonprofit corporation to govern the	5032
district;	5033

(6) A plan for public improvements or public services that	5034
benefit all or part of the district, which plan shall comply with	5035
the requirements of division (A) of section 1710.06 of the Revised	5036
Code and may include, but is not limited to, any of the permissive	5037
provisions described in the fourth sentence of that division or	5038
listed in divisions (A)(1) to (5) of that section.	5039

After the initial plan is approved by all municipal	5040
corporations and townships to which it is submitted for approval	5041
and the district is created, each participating subdivision shall	5042
levy a special assessment within its boundaries to pay for the	5043
costs of the initial plan. The levy shall be for no more than ten	5044
years from the date of the approval of the initial plan. For	5045
purposes of levying an assessment for this initial plan, the	5046
services or improvements included in the initial plan shall be	5047
deemed a special benefit to property owners within the district.	5048

(G) Each nonprofit corporation governing a district under	5049
this chapter may do the following:	5050

(1) Exercise all powers of nonprofit corporations granted	5051
under Chapter 1702. of the Revised Code that do not conflict with	5052
this chapter;	5053

(2) Develop, adopt, revise, implement, and repeal plans for	5054
public improvements and public services for all or any part of the	5055
district;	5056

(3) Contract with any person, political subdivision as	5057
defined in section 2744.01 of the Revised Code, or state agency as	5058
defined in section 1.60 of the Revised Code to develop and	5059
implement plans for public improvements or public services within	5060
the district;	5061

(4) Contract and pay for insurance for the district and for	5062
directors, officers, agents, contractors, employees, or members of	5063
the district for any consequences of the implementation of any	5064
plan adopted by the district or any actions of the district.	5065

Sec. 2927.21.  (A) The owner or keeper of any member of a	5066
species of the animal kingdom that escapes from histhe owner's or	5067
keeper's custody or control and that is not indigenous to this	5068
state or presents a risk of serious physical harm to persons or	5069
property, or both, shall, within one hour after hethe owner or	5070
keeper discovers or reasonably should have discovered the escape,	5071
report it to:	5072

(1) A law enforcement officer of the municipal corporation or	5073
township and the sheriff of the county where the escape occurred;	5074
and	5075

(2) The clerk of the municipal legislative authority or the	5076
township clerkfiscal officer of the township where the escape	5077
occurred.	5078

(B) If the office of the clerk of a municipal legislative	5079
authority or township clerkfiscal officer is closed to the public	5080
at the time a report is required by division (A) of this section,	5081
then it is sufficient compliance with division (A)(2) of this	5082
section if the owner or keeper makes the report within one hour	5083
after the office is next open to the public.	5084

(C) Whoever violates this section is guilty of a misdemeanor	5085
of the first degree.	5086

Sec. 3381.03.  Any county, or any two or more counties,	5087
municipal corporations, or townships, or any combination thereof	5088
of these may create a regional arts and cultural district by the	5089
adoption of a resolution or ordinance by the board of county	5090
commissioners of each county, the legislative authority of each	5091
municipal corporation, and the board of township trustees of each	5092
township that desires to create or to join in the creation of the	5093
district. SuchThe resolution or ordinance shall state all of the	5094
following:	5095

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

5096

(B) The counties, municipal corporations, or townships that	5097
are to be included in the district;	5098

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

5099

(D) The location of the principal office of the district or	5100
the manner in which the location shall be selected;	5101

(E) Subject to section 3381.05 of the Revised Code, the	5102
number, term, and compensation, which shall not exceed the sum of	5103
fifty dollars for each board and committee meeting attended by a	5104
member, of the members of the board of trustees of the district;	5105

(F) Subject to section 3381.05 of the Revised Code, the	5106
manner in which members of the board of trustees of the district	5107
shall be appointed; the method of filling vacancies; and the	5108
period, if any, for which a trustee continues in office after	5109
expiration of histhe trustee's term pending the appointment of	5110
histhe trustee's successor;	5111

(G) The manner of apportioning expenses of the district among	5112
the participating counties, municipal corporations, and townships.	5113
Such	5114

The resolution or ordinance may also provide that the	5115
authority of the districts to make grants under section 3381.20 of	5116
the Revised Code may be totally or partially delegated to one or	5117
more area arts councils, as defined in section 757.03 of the	5118
Revised Code, located within the district.	5119

The district provided for in suchthe resolution or ordinance	5120
shall be created upon the adoption of suchthe resolution or	5121
ordinance by the board of county commissioners of each county, the	5122
legislative authority of each municipal corporation, and the board	5123
of township trustees of each township enumerated in the resolution	5124
or ordinance. The resolution or ordinance may be amended to	5125
include additional counties, municipal corporations, or townships	5126
or for any other purpose by the adoption of suchan amendment by	5127
the board of county commissioners of each county, the legislative	5128
authority of each municipal corporation, and the board of township	5129
trustees of each township that has created or joined or proposes	5130
to join the district.	5131

After each such county, municipal corporation, and township	5132
has adopted a resolution or ordinance approving inclusion of	5133
additional counties, municipal corporations, or townships in the	5134
district, a copy of suchthe resolution or ordinance shall be	5135
filed with the clerk of the board of the county commissioners of	5136
each county, the clerk of the legislative authority of each	5137
municipal corporation, and the fiscal officer of the board of	5138
trustees of each township proposed to be included in the district.	5139
SuchThe inclusion is effective when all such filing is completed	5140
unless the district to which territory is to be added has	5141
authority to levy an ad valorem tax on property within its	5142
territory, in which event suchthe inclusion shall become	5143
effective upon voter approval of the joinder and the tax. The	5144
board of trustees shall promptly certify the proposal to the board	5145
or boards of elections for the purpose of having the proposal	5146
placed on the ballot at the next general or primary election which	5147
that occurs not less than sixty days after the date of the meeting	5148
of the board of trustees, or at a special election held on a date	5149
specified in the certification that is not less than sixty days	5150
after the date of suchthe meeting of the board. If territory of	5151
more than one county, municipal corporation, or township is to be	5152
added to the regional arts and cultural district, the electors of	5153
suchthe territories of the counties, municipal corporations, or	5154
townships which are to be added shall vote as a district, and the	5155
outcome of the election shall be determined by the vote cast in	5156
the entire district. Upon certification of a proposal to the board	5157
or boards of elections pursuant to this section, suchthe board or	5158
boards of elections shall make the necessary arrangements for the	5159
submission of suchthe questions to the electors of the territory	5160
to be added to the district, and the election shall be held,	5161
canvassed, and certified in the manner provided for the submission	5162
of tax levies under section 5705.19 of the Revised Code, except	5163
that the question appearing on the ballot shall read:	5164

"Shall the territory within the .................... (name or	5165
names of political subdivisions to be joined) be added to	5166
................................ (name) regional arts and cultural	5167
district? And shall a(n) .................... (here insert type of	5168
tax or taxes) at a rate of taxation not to exceed .......... (here	5169
insert maximum tax rate or rates) be levied for purposes of such	5170
district?"	5171

If the question is approved by a majority of the electors	5172
voting on suchthe question, the joinder is effective immediately,	5173
and the district may extend the levy of suchthe tax against all	5174
the taxable property within the territory that has been added. If	5175
suchthe question is approved at a general election or at a	5176
special election occurring prior to a general election but after	5177
the fifteenth day of July in any calendar year, the district may	5178
amend its budget and resolution adopted pursuant to section	5179
5705.34 of the Revised Code, and suchthe levy shall be placed on	5180
the current tax list and duplicate and collected as other taxes	5181
are collected from all taxable property within the territory of	5182
the district, including the territory added as a result of such	5183
the election.	5184

The territory of a district shall be coextensive with the	5185
territory of the counties, municipal corporations, and townships	5186
included within the district, provided that the same territory may	5187
not be included in more than one regional arts and cultural	5188
district, and provided, that if a district includes only a portion	5189
of an entire county, a district may be created in the remaining	5190
portion of the same county by resolution of the board of county	5191
commissioners acting alone or in conjunction with municipal	5192
corporations and townships as provided in this section.	5193

Sec. 3501.37.  After each election, the judges of election	5194
elections of each precinct, except when the board of elections	5195
assumes the duty, shall see that the movable booths and other	5196
equipment are returned for safekeeping to the township clerk	5197
fiscal officer of the township or to the clerk or auditor of the	5198
municipal corporation in which the precinct is situated. SuchThe	5199
fiscal officer, clerk, or auditor shall have booths and equipment	5200
on hand and in place at the polling places in each precinct before	5201
the time for opening the polls on election days, and for this	5202
service the board may allow the necessary expenses incurred. In	5203
cities, this duty shall devolve on the board.	5204

Sec. 3513.253.  Nominations of candidates for election as	5205
officers of a township shall be made only by nominating petitions,	5206
unless a majority of the electors of such township have petitioned	5207
for a primary election. The nominating petitions of nonpartisan	5208
candidates for township trustee and township clerkfiscal officer	5209
shall be signed by not less than twenty-five qualified electors of	5210
the township. Such petition shall be filed with the board of	5211
elections not later than four p.m. of the seventy-fifth day before	5212
the day of the general election, provided that no such nominating	5213
petition shall be accepted for filing if it appears to contain	5214
signatures aggregating in number more than three times the minimum	5215
number of signatures required by this section. A board of	5216
elections shall not accept for filing a nominating petition of a	5217
person if that person, for the same election, has already filed a	5218
declaration of candidacy, a declaration of intent to be a write-in	5219
candidate, or a nominating petition, or has become a candidate	5220
through party nomination at a primary election or by the filling	5221
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	5222
for any other township office, or for a municipal office, for	5223
member of a city, local, or exempted village board of education,	5224
or for member of a governing board of an educational service	5225
center. When a petition of a candidate has been accepted for	5226
filing by a board of elections, the petition shall not be deemed	5227
invalid if, upon verification of signatures contained in the	5228
petition, the board of elections finds the number of signatures	5229
accepted exceeds three times the minimum number of signatures	5230
required. A board of elections may discontinue verifying	5231
signatures when the number of verified signatures on a petition	5232
equals the minimum required number of qualified signatures.	5233

Sec. 3517.10.  (A) Except as otherwise provided in this	5234
division, every campaign committee, political action committee,	5235
legislative campaign fund, and political party that made or	5236
received a contribution or made an expenditure in connection with	5237
the nomination or election of any candidate or in connection with	5238
any ballot issue or question at any election held or to be held in	5239
this state shall file, on a form prescribed under this section or	5240
by electronic means of transmission as provided in this section	5241
and section 3517.106 of the Revised Code, a full, true, and	5242
itemized statement, made under penalty of election falsification,	5243
setting forth in detail the contributions and expenditures, not	5244
later than four p.m. of the following dates:	5245

(1) The twelfth day before the election to reflect	5246
contributions received and expenditures made from the close of	5247
business on the last day reflected in the last previously filed	5248
statement, if any, to the close of business on the twentieth day	5249
before the election;	5250

(2) The thirty-eighth day after the election to reflect the	5251
contributions received and expenditures made from the close of	5252
business on the last day reflected in the last previously filed	5253
statement, if any, to the close of business on the seventh day	5254
before the filing of the statement;	5255

(3) The last business day of January of every year to reflect	5256
the contributions received and expenditures made from the close of	5257
business on the last day reflected in the last previously filed	5258
statement, if any, to the close of business on the last day of	5259
December of the previous year;	5260

(4) The last business day of July of every year to reflect	5261
the contributions received and expenditures made from the close of	5262
business on the last day reflected in the last previously filed	5263
statement, if any, to the close of business on the last day of	5264
June of that year.	5265

A campaign committee shall only be required to file the	5266
statements prescribed under divisions (A)(1) and (2) of this	5267
section in connection with the nomination or election of the	5268
committee's candidate.	5269

The statement required under division (A)(1) of this section	5270
shall not be required of any campaign committee, political action	5271
committee, legislative campaign fund, or political party that has	5272
received contributions of less than one thousand dollars and has	5273
made expenditures of less than one thousand dollars at the close	5274
of business on the twentieth day before the election. Those	5275
contributions and expenditures shall be reported in the statement	5276
required under division (A)(2) of this section.	5277

If an election to select candidates to appear on the general	5278
election ballot is held within sixty days before a general	5279
election, the campaign committee of a successful candidate in the	5280
earlier election may file the statement required by division	5281
(A)(1) of this section for the general election instead of the	5282
statement required by division (A)(2) of this section for the	5283
earlier election if the pregeneral election statement reflects the	5284
status of contributions and expenditures for the period twenty	5285
days before the earlier election to twenty days before the general	5286
election.	5287

If a person becomes a candidate less than twenty days before	5288
an election, the candidate's campaign committee is not required to	5289
file the statement required by division (A)(1) of this section.	5290

No statement under division (A)(3) or (4) of this section	5291
shall be required for any year in which a campaign committee,	5292
political action committee, legislative campaign fund, or	5293
political party is required to file a postgeneral election	5294
statement under division (A)(2) of this section. However, such a	5295
statement may be filed, at the option of the campaign committee,	5296
political action committee, legislative campaign fund, or	5297
political party.	5298

No statement under division (A)(3) or (4) of this section	5299
shall be required if the campaign committee, political action	5300
committee, legislative campaign fund, or political party has no	5301
contributions that it has received and no expenditures that it has	5302
made since the last date reflected in its last previously filed	5303
statement. However, the campaign committee, political action	5304
committee, legislative campaign fund, or political party shall	5305
file a statement to that effect, on a form prescribed under this	5306
section and made under penalty of election falsification, on the	5307
date required in division (A)(3) or (4) of this section, as	5308
applicable.	5309

The campaign committee of a statewide candidate shall file a	5310
monthly statement of contributions received during each of the	5311
months of July, August, and September in the year of the general	5312
election in which the candidate seeks office. The campaign	5313
committee of a statewide candidate shall file the monthly	5314
statement not later than three business days after the last day of	5315
the month covered by the statement. During the period beginning on	5316
the nineteenth day before the general election in which a	5317
statewide candidate seeks election to office and extending through	5318
the day of that general election, each time the campaign committee	5319
of the joint candidates for the offices of governor and lieutenant	5320
governor or of a candidate for the office of secretary of state,	5321
auditor of state, treasurer of state, or attorney general receives	5322
a contribution from a contributor that causes the aggregate amount	5323
of contributions received from that contributor during that period	5324
to equal or exceed ten thousand dollars and each time the campaign	5325
committee of a candidate for the office of chief justice or	5326
justice of the supreme court receives a contribution from a	5327
contributor that causes the aggregate amount of contributions	5328
received from that contributor during that period to exceed ten	5329
thousand dollars, the campaign committee shall file a	5330
two-business-day statement reflecting that contribution. During	5331
the period beginning on the nineteenth day before a primary	5332
election in which a candidate for statewide office seeks	5333
nomination to office and extending through the day of that primary	5334
election, each time either the campaign committee of a statewide	5335
candidate in that primary election that files a notice under	5336
division (C)(1) of section 3517.103 of the Revised Code or the	5337
campaign committee of a statewide candidate in that primary	5338
election to which, in accordance with division (D) of section	5339
3517.103 of the Revised Code, the contribution limitations	5340
prescribed in section 3517.102 of the Revised Code no longer apply	5341
receives a contribution from a contributor that causes the	5342
aggregate amount of contributions received from that contributor	5343
during that period to exceed ten thousand dollars, the campaign	5344
committee shall file a two-business-day statement reflecting that	5345
contribution. Contributions reported on a two-business-day	5346
statement required to be filed by a campaign committee of a	5347
statewide candidate in a primary election shall also be included	5348
in the postprimary election statement required to be filed by that	5349
campaign committee under division (A)(2) of this section. A	5350
two-business-day statement required by this paragraph shall be	5351
filed not later than two business days after receipt of the	5352
contribution. The statements required by this paragraph shall be	5353
filed in addition to any other statements required by this	5354
section.	5355

Subject to the secretary of state having implemented, tested,	5356
and verified the successful operation of any system the secretary	5357
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	5358
this section and division (H)(1) of section 3517.106 of the	5359
Revised Code for the filing of campaign finance statements by	5360
electronic means of transmission, a campaign committee of a	5361
statewide candidate shall file a two-business-day statement under	5362
the preceding paragraph by electronic means of transmission if the	5363
campaign committee is required to file a pre-election,	5364
postelection, or monthly statement of contributions and	5365
expenditures by electronic means of transmission under this	5366
section or section 3517.106 of the Revised Code.	5367

If a campaign committee or political action committee has no	5368
balance on hand and no outstanding obligations and desires to	5369
terminate itself, it shall file a statement to that effect, on a	5370
form prescribed under this section and made under penalty of	5371
election falsification, with the official with whom it files a	5372
statement under division (A) of this section after filing a final	5373
statement of contributions and a final statement of expenditures,	5374
if contributions have been received or expenditures made since the	5375
period reflected in its last previously filed statement.	5376

(B) Except as otherwise provided in division (C)(7) of this	5377
section, each statement required by division (A) of this section	5378
shall contain the following information:	5379

(1) The full name and address of each campaign committee,	5380
political action committee, legislative campaign fund, or	5381
political party, including any treasurer of the committee, fund,	5382
or party, filing a contribution and expenditure statement;	5383

(2)(a) In the case of a campaign committee, the candidate's	5384
full name and address;	5385

(b) In the case of a political action committee, the	5386
registration number assigned to the committee under division	5387
(D)(1) of this section.	5388

(3) The date of the election and whether it was or will be a	5389
general, primary, or special election;	5390

(4) A statement of contributions received, which shall	5391
include the following information:	5392

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

5393

(b)(i) The full name and address of each person, political	5394
party, campaign committee, legislative campaign fund, or political	5395
action committee from whom contributions are received and the	5396
registration number assigned to the political action committee	5397
under division (D)(1) of this section. The requirement of filing	5398
the full address does not apply to any statement filed by a state	5399
or local committee of a political party, to a finance committee of	5400
such committee, or to a committee recognized by a state or local	5401
committee as its fund-raising auxiliary. Notwithstanding division	5402
(F) of this section, the requirement of filing the full address	5403
shall be considered as being met if the address filed is the same	5404
address the contributor provided under division (E)(1) of this	5405
section.	5406

(ii) If a political action committee, legislative campaign	5407
fund, or political party that is required to file campaign finance	5408
statements by electronic means of transmission under section	5409
3517.106 of the Revised Code or a campaign committee of a	5410
statewide candidate or candidate for the office of member of the	5411
general assembly receives a contribution from an individual that	5412
exceeds one hundred dollars, the name of the individual's current	5413
employer, if any, or, if the individual is self-employed, the	5414
individual's occupation and the name of the individual's business,	5415
if any;	5416

(iii) If a campaign committee of a statewide candidate or	5417
candidate for the office of member of the general assembly	5418
receives a contribution transmitted pursuant to section 3599.031	5419
of the Revised Code from amounts deducted from the wages and	5420
salaries of two or more employees that exceeds in the aggregate	5421
one hundred dollars during any one filing period under division	5422
(A)(1), (2), (3), or (4) of this section, the full name of the	5423
employees' employer and the full name of the labor organization of	5424
which the employees are members, if any.	5425

(c) A description of the contribution received, if other than	5426
money;	5427

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

5428

(e) A separately itemized account of all contributions and	5429
expenditures regardless of the amount, except a receipt of a	5430
contribution from a person in the sum of twenty-five dollars or	5431
less at one social or fund-raising activity and a receipt of a	5432
contribution transmitted pursuant to section 3599.031 of the	5433
Revised Code from amounts deducted from the wages and salaries of	5434
employees if the contribution from the amount deducted from the	5435
wages and salary of any one employee is twenty-five dollars or	5436
less aggregated in a calendar year. An account of the total	5437
contributions from each social or fund-raising activity shall	5438
include a description of and the value of each in-kind	5439
contribution received at that activity from any person who made	5440
one or more such contributions whose aggregate value exceeded two	5441
hundred fifty dollars and shall be listed separately, together	5442
with the expenses incurred and paid in connection with that	5443
activity. A campaign committee, political action committee,	5444
legislative campaign fund, or political party shall keep records	5445
of contributions from each person in the amount of twenty-five	5446
dollars or less at one social or fund-raising activity and	5447
contributions from amounts deducted under section 3599.031 of the	5448
Revised Code from the wages and salary of each employee in the	5449
amount of twenty-five dollars or less aggregated in a calendar	5450
year. No continuing association that is recognized by a state or	5451
local committee of a political party as an auxiliary of the party	5452
and that makes a contribution from funds derived solely from	5453
regular dues paid by members of the auxiliary shall be required to	5454
list the name or address of any members who paid those dues.	5455

Contributions that are other income shall be itemized	5456
separately from all other contributions. The information required	5457
under division (B)(4) of this section shall be provided for all	5458
other income itemized. As used in this paragraph, "other income"	5459
means a loan, investment income, or interest income.	5460

(f) In the case of a campaign committee of a state elected	5461
officer, if a person doing business with the state elected officer	5462
in the officer's official capacity makes a contribution to the	5463
campaign committee of that officer, the information required under	5464
division (B)(4) of this section in regard to that contribution,	5465
which shall be filed together with and considered a part of the	5466
committee's statement of contributions as required under division	5467
(A) of this section but shall be filed on a separate form provided	5468
by the secretary of state. As used in this division:	5469

(i) "State elected officer" has the same meaning as in	5470
section 3517.092 of the Revised Code.	5471

(ii) "Person doing business" means a person or an officer of	5472
an entity who enters into one or more contracts with a state	5473
elected officer or anyone authorized to enter into contracts on	5474
behalf of that officer to receive payments for goods or services,	5475
if the payments total, in the aggregate, more than five thousand	5476
dollars during a calendar year.	5477

(5) A statement of expenditures which shall include the	5478
following information:	5479

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

5480

(b) The full name and address of each person, political	5481
party, campaign committee, legislative campaign fund, or political	5482
action committee to whom the expenditure was made and the	5483
registration number assigned to the political action committee	5484
under division (D)(1) of this section;	5485

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

5486

(d) The amount of each expenditure.

5487

(C)(1) The statement of contributions and expenditures shall	5488
be signed by the person completing the form. If a statement of	5489
contributions and expenditures is filed by electronic means of	5490
transmission pursuant to this section or section 3517.106 of the	5491
Revised Code, the electronic signature of the person who executes	5492
the statement and transmits the statement by electronic means of	5493
transmission, as provided in division (H) of section 3517.106 of	5494
the Revised Code, shall be attached to or associated with the	5495
statement and shall be binding on all persons and for all purposes	5496
under the campaign finance reporting law as if the signature had	5497
been handwritten in ink on a printed form.	5498

(2) The person filing the statement, under penalty of	5499
election falsification, shall include with it a list of each	5500
anonymous contribution, the circumstances under which it was	5501
received, and the reason it cannot be attributed to a specific	5502
donor.	5503

(3) Each statement of a campaign committee of a candidate who	5504
holds public office shall contain a designation of each	5505
contributor who is an employee in any unit or department under the	5506
candidate's direct supervision and control. In a space provided in	5507
the statement, the person filing the statement shall affirm that	5508
each such contribution was voluntarily made.	5509

(4) A campaign committee that did not receive contributions	5510
or make expenditures in connection with the nomination or election	5511
of its candidate shall file a statement to that effect, on a form	5512
prescribed under this section and made under penalty of election	5513
falsification, on the date required in division (A)(2) of this	5514
section.	5515

(5) The campaign committee of any person who attempts to	5516
become a candidate and who, for any reason, does not become	5517
certified in accordance with Title XXXV of the Revised Code for	5518
placement on the official ballot of a primary, general, or special	5519
election to be held in this state, and who, at any time prior to	5520
or after an election, receives contributions or makes	5521
expenditures, or has given consent for another to receive	5522
contributions or make expenditures, for the purpose of bringing	5523
about the person's nomination or election to public office, shall	5524
file the statement or statements prescribed by this section and a	5525
termination statement, if applicable. Division (C)(5) of this	5526
section does not apply to any person with respect to an election	5527
to the offices of member of a county or state central committee,	5528
presidential elector, or delegate to a national convention or	5529
conference of a political party.	5530

(6)(a) The statements required to be filed under this section	5531
shall specify the balance in the hands of the campaign committee,	5532
political action committee, legislative campaign fund, or	5533
political party and the disposition intended to be made of that	5534
balance.	5535

(b) The secretary of state shall prescribe the form for all	5536
statements required to be filed under this section and shall	5537
furnish the forms to the boards of elections in the several	5538
counties. The boards of elections shall supply printed copies of	5539
those forms without charge. The secretary of state shall prescribe	5540
the appropriate methodology, protocol, and data file structure for	5541
statements required or permitted to be filed by electronic means	5542
of transmission under division (A) of this section, divisions (E),	5543
(F), and (G) of section 3517.106, division (D) of section	5544
3517.1011, division (B) of section 3517.1012, and division (C) of	5545
section 3517.1013 of the Revised Code. Subject to division (A) of	5546
this section, divisions (E), (F), and (G) of section 3517.106,	5547
division (D) of section 3517.1011, division (B) of section	5548
3517.1012, and division (C) of section 3517.1013 of the Revised	5549
Code, the statements required to be stored on computer by the	5550
secretary of state under division (B) of section 3517.106 of the	5551
Revised Code shall be filed in whatever format the secretary of	5552
state considers necessary to enable the secretary of state to	5553
store the information contained in the statements on computer. Any	5554
such format shall be of a type and nature that is readily	5555
available to whoever is required to file the statements in that	5556
format.	5557

(c) The secretary of state shall assess the need for training	5558
regarding the filing of campaign finance statements by electronic	5559
means of transmission and regarding associated technologies for	5560
candidates, campaign committees, political action committees,	5561
legislative campaign funds, or political parties, for individuals,	5562
partnerships, or other entities, or for persons making	5563
disbursements to pay the direct costs of producing or airing	5564
electioneering communications, required or permitted to file	5565
statements by electronic means of transmission under this section	5566
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013	5567
of the Revised Code. If, in the opinion of the secretary of state,	5568
training in these areas is necessary, the secretary of state shall	5569
arrange for the provision of voluntary training programs for	5570
candidates, campaign committees, political action committees,	5571
legislative campaign funds, or political parties, for individuals,	5572
partnerships, and other entities, or for persons making	5573
disbursements to pay the direct costs of producing or airing	5574
electioneering communications, as appropriate.	5575

(7) Each monthly statement and each two-business-day	5576
statement required by division (A) of this section shall contain	5577
the information required by divisions (B)(1) to (4), (C)(2), and,	5578
if appropriate, (C)(3) of this section. Each statement shall be	5579
signed as required by division (C)(1) of this section.	5580

(D)(1) Prior to receiving a contribution or making an	5581
expenditure, every campaign committee, political action committee,	5582
legislative campaign fund, or political party shall appoint a	5583
treasurer and shall file, on a form prescribed by the secretary of	5584
state, a designation of that appointment, including the full name	5585
and address of the treasurer and of the campaign committee,	5586
political action committee, legislative campaign fund, or	5587
political party. That designation shall be filed with the official	5588
with whom the campaign committee, political action committee,	5589
legislative campaign fund, or political party is required to file	5590
statements under section 3517.11 of the Revised Code. The name of	5591
a campaign committee shall include at least the last name of the	5592
campaign committee's candidate. The secretary of state shall	5593
assign a registration number to each political action committee	5594
that files a designation of the appointment of a treasurer under	5595
this division if the political action committee is required by	5596
division (A)(1) of section 3517.11 of the Revised Code to file the	5597
statements prescribed by this section with the secretary of state.	5598

(2) The treasurer appointed under division (D)(1) of this	5599
section shall keep a strict account of all contributions, from	5600
whom received and the purpose for which they were disbursed.	5601

(3)(a) Except as otherwise provided in section 3517.108 of	5602
the Revised Code, a campaign committee shall deposit all monetary	5603
contributions received by the committee into an account separate	5604
from a personal or business account of the candidate or campaign	5605
committee.	5606

(b) A political action committee shall deposit all monetary	5607
contributions received by the committee into an account separate	5608
from all other funds.	5609

(c) A state or county political party may establish a state	5610
candidate fund that is separate from an account that contains the	5611
public moneys received from the Ohio political party fund under	5612
section 3517.17 of the Revised Code and from all other funds. A	5613
state or county political party may deposit into its state	5614
candidate fund any amounts of monetary contributions that are made	5615
to or accepted by the political party subject to the applicable	5616
limitations, if any, prescribed in section 3517.102 of the Revised	5617
Code. A state or county political party shall deposit all other	5618
monetary contributions received by the party into one or more	5619
accounts that are separate from its state candidate fund and from	5620
its account that contains the public moneys received from the Ohio	5621
political party fund under section 3517.17 of the Revised Code.	5622

(d) Each state political party shall have only one	5623
legislative campaign fund for each house of the general assembly.	5624
Each such fund shall be separate from any other funds or accounts	5625
of that state party. A legislative campaign fund is authorized to	5626
receive contributions and make expenditures for the primary	5627
purpose of furthering the election of candidates who are members	5628
of that political party to the house of the general assembly with	5629
which that legislative campaign fund is associated. Each	5630
legislative campaign fund shall be administered and controlled in	5631
a manner designated by the caucus. As used in this division,	5632
"caucus" has the same meaning as in section 3517.01 of the Revised	5633
Code and includes, as an ex officio member, the chairperson of the	5634
state political party with which the caucus is associated or that	5635
chairperson's designee.	5636

(4) Every expenditure in excess of twenty-five dollars shall	5637
be vouched for by a receipted bill, stating the purpose of the	5638
expenditure, that shall be filed with the statement of	5639
expenditures. A canceled check with a notation of the purpose of	5640
the expenditure is a receipted bill for purposes of division	5641
(D)(4) of this section.	5642

(5) The secretary of state or the board of elections, as the	5643
case may be, shall issue a receipt for each statement filed under	5644
this section and shall preserve a copy of the receipt for a period	5645
of at least six years. All statements filed under this section	5646
shall be open to public inspection in the office where they are	5647
filed and shall be carefully preserved for a period of at least	5648
six years after the year in which they are filed.	5649

(6) The secretary of state, by rule adopted pursuant to	5650
section 3517.23 of the Revised Code, shall prescribe both of the	5651
following:	5652

(a) The manner of immediately acknowledging, with date and	5653
time received, and preserving the receipt of statements that are	5654
transmitted by electronic means of transmission to the secretary	5655
of state pursuant to this section or section 3517.106, 3517.1011,	5656
3517.1012, or 3517.1013 of the Revised Code;	5657

(b) The manner of preserving the contribution and	5658
expenditure, contribution and disbursement, deposit and	5659
disbursement, or gift and disbursement information in the	5660
statements described in division (D)(6)(a) of this section. The	5661
secretary of state shall preserve the contribution and	5662
expenditure, contribution and disbursement, deposit and	5663
disbursement, or gift and disbursement information in those	5664
statements for at least ten years after the year in which they are	5665
filed by electronic means of transmission.	5666

(7) The secretary of state, pursuant to division (I) of	5667
section 3517.106 of the Revised Code, shall make available online	5668
to the public through the internet the contribution and	5669
expenditure, contribution and disbursement, deposit and	5670
disbursement, or gift and disbursement information in all	5671
statements, all addenda, amendments, or other corrections to	5672
statements, and all amended statements filed with the secretary of	5673
state by electronic or other means of transmission under this	5674
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or	5675
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of	5676
the Revised Code. The secretary of state may remove the	5677
information from the internet after a reasonable period of time.	5678

(E)(1) Any person, political party, campaign committee,	5679
legislative campaign fund, or political action committee that	5680
makes a contribution in connection with the nomination or election	5681
of any candidate or in connection with any ballot issue or	5682
question at any election held or to be held in this state shall	5683
provide its full name and address to the recipient of the	5684
contribution at the time the contribution is made. The political	5685
action committee also shall provide the registration number	5686
assigned to the committee under division (D)(1) of this section to	5687
the recipient of the contribution at the time the contribution is	5688
made.	5689

(2) Any individual who makes a contribution that exceeds one	5690
hundred dollars to a political action committee, legislative	5691
campaign fund, or political party or to a campaign committee of a	5692
statewide candidate or candidate for the office of member of the	5693
general assembly shall provide the name of the individual's	5694
current employer, if any, or, if the individual is self-employed,	5695
the individual's occupation and the name of the individual's	5696
business, if any, to the recipient of the contribution at the time	5697
the contribution is made. Sections 3599.39 and 3599.40 of the	5698
Revised Code do not apply to division (E)(2) of this section.	5699

(3) If a campaign committee shows that it has exercised its	5700
best efforts to obtain, maintain, and submit the information	5701
required under divisions (B)(4)(b)(ii) and (iii) of this section,	5702
that committee is considered to have met the requirements of those	5703
divisions. A campaign committee shall not be considered to have	5704
exercised its best efforts unless, in connection with written	5705
solicitations, it regularly includes a written request for the	5706
information required under division (B)(4)(b)(ii) of this section	5707
from the contributor or the information required under division	5708
(B)(4)(b)(iii) of this section from whoever transmits the	5709
contribution.	5710

(4) Any check that a political action committee uses to make	5711
a contribution or an expenditure shall contain the full name and	5712
address of the committee and the registration number assigned to	5713
the committee under division (D)(1) of this section.	5714

(F) As used in this section:

5715

(1)(a) Except as otherwise provided in division (F)(1) of	5716
this section, "address" means all of the following if they exist:	5717
apartment number, street, road, or highway name and number, rural	5718
delivery route number, city or village, state, and zip code as	5719
used in a person's post-office address, but not post-office box.	5720

(b) Except as otherwise provided in division (F)(1) of this	5721
section, if an address is required in this section, a post-office	5722
box and office, room, or suite number may be included in addition	5723
to, but not in lieu of, an apartment, street, road, or highway	5724
name and number.	5725

(c) If an address is required in this section, a campaign	5726
committee, political action committee, legislative campaign fund,	5727
or political party may use the business or residence address of	5728
its treasurer or deputy treasurer. The post-office box number of	5729
the campaign committee, political action committee, legislative	5730
campaign fund, or political party may be used in addition to that	5731
address.	5732

(d) For the sole purpose of a campaign committee's reporting	5733
of contributions on a statement of contributions received under	5734
division (B)(4) of this section, "address" has one of the	5735
following meanings at the option of the campaign committee:	5736

(i) The same meaning as in division (F)(1)(a) of this	5737
section;	5738

(ii) All of the following, if they exist: the contributor's	5739
post-office box number and city or village, state, and zip code as	5740
used in the contributor's post-office address.	5741

(e) As used with regard to the reporting under this section	5742
of any expenditure, "address" means all of the following if they	5743
exist: apartment number, street, road, or highway name and number,	5744
rural delivery route number, city or village, state, and zip code	5745
as used in a person's post-office address, or post-office box. If	5746
an address concerning any expenditure is required in this section,	5747
a campaign committee, political action committee, legislative	5748
campaign fund, or political party may use the business or	5749
residence address of its treasurer or deputy treasurer or its	5750
post-office box number.	5751

(2) "Statewide candidate" means the joint candidates for the	5752
offices of governor and lieutenant governor or a candidate for the	5753
office of secretary of state, auditor of state, treasurer of	5754
state, attorney general, member of the state board of education,	5755
chief justice of the supreme court, or justice of the supreme	5756
court.	5757

(G) An independent expenditure shall be reported whenever and	5758
in the same manner that an expenditure is required to be reported	5759
under this section and shall be reported pursuant to division	5760
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	5761

(H)(1) Except as otherwise provided in division (H)(2) of	5762
this section, if, during the combined pre-election and	5763
postelection reporting periods for an election, a campaign	5764
committee has received contributions of five hundred dollars or	5765
less and has made expenditures in the total amount of five hundred	5766
dollars or less, it may file a statement to that effect, under	5767
penalty of election falsification, in lieu of the statement	5768
required by division (A)(2) of this section. The statement shall	5769
indicate the total amount of contributions received and the total	5770
amount of expenditures made during those combined reporting	5771
periods.	5772

(2) In the case of a successful candidate at a primary	5773
election, if either the total contributions received by or the	5774
total expenditures made by the candidate's campaign committee	5775
during the preprimary, postprimary, pregeneral, and postgeneral	5776
election periods combined equal more than five hundred dollars,	5777
the campaign committee may file the statement under division	5778
(H)(1) of this section only for the primary election. The first	5779
statement that the campaign committee files in regard to the	5780
general election shall reflect all contributions received and all	5781
expenditures made during the preprimary and postprimary election	5782
periods.	5783

(3) Divisions (H)(1) and (2) of this section do not apply if	5784
a campaign committee receives contributions or makes expenditures	5785
prior to the first day of January of the year of the election at	5786
which the candidate seeks nomination or election to office or if	5787
the campaign committee does not file a termination statement with	5788
its postprimary election statement in the case of an unsuccessful	5789
primary election candidate or with its postgeneral election	5790
statement in the case of other candidates.	5791

(I) In the case of a contribution made by a partner of a	5792
partnership or an owner or a member of another unincorporated	5793
business from any funds of the partnership or other unincorporated	5794
business, all of the following apply:	5795

(1) The recipient of the contribution shall report the	5796
contribution by listing both the partnership or other	5797
unincorporated business and the name of the partner, owner, or	5798
member making the contribution.	5799

(2) For purposes of section 3517.102 of the Revised Code, the	5800
contribution shall be considered to have been made by the partner,	5801
owner, or member reported under division (I)(1) of this section.	5802

(3) No contribution from a partner of a partnership or an	5803
owner or a member of another unincorporated business shall be	5804
accepted from any funds of the partnership or other unincorporated	5805
business unless the recipient reports the contribution under	5806
division (I)(1) of this section.	5807

(4) No partnership or other unincorporated business shall	5808
make a contribution or contributions solely in the name of the	5809
partnership or other unincorporated business.	5810

(5) As used in division (I) of this section, "partnership or	5811
other unincorporated business" includes, but is not limited to, a	5812
cooperative, a sole proprietorship, a general partnership, a	5813
limited partnership, a limited partnership association, a limited	5814
liability partnership, and a limited liability company.	5815

(J) A candidate shall have only one campaign committee at any	5816
given time for all of the offices for which the person is a	5817
candidate or holds office.	5818

(K)(1) In addition to filing a designation of appointment of	5819
a treasurer under division (D)(1) of this section, the campaign	5820
committee of any candidate for an elected municipal office that	5821
pays an annual amount of compensation of five thousand dollars or	5822
less, the campaign committee of any candidate for member of a	5823
board of education except member of the state board of education,	5824
or the campaign committee of any candidate for township trustee or	5825
township clerkfiscal officer may sign, under penalty of election	5826
falsification, a certificate attesting that the committee will not	5827
accept contributions during an election period that exceed in the	5828
aggregate two thousand dollars from all contributors and one	5829
hundred dollars from any one individual, and that the campaign	5830
committee will not make expenditures during an election period	5831
that exceed in the aggregate two thousand dollars.	5832

The certificate shall be on a form prescribed by the	5833
secretary of state and shall be filed not later than ten days	5834
after the candidate files a declaration of candidacy and petition,	5835
a nominating petition, or a declaration of intent to be a write-in	5836
candidate.	5837

(2) Except as otherwise provided in division (K)(3) of this	5838
section, a campaign committee that files a certificate under	5839
division (K)(1) of this section is not required to file the	5840
statements required by division (A) of this section.	5841

(3) If, after filing a certificate under division (K)(1) of	5842
this section, a campaign committee exceeds any of the limitations	5843
described in that division during an election period, the	5844
certificate is void and thereafter the campaign committee shall	5845
file the statements required by division (A) of this section. If	5846
the campaign committee has not previously filed a statement, then	5847
on the first statement the campaign committee is required to file	5848
under division (A) of this section after the committee's	5849
certificate is void, the committee shall report all contributions	5850
received and expenditures made from the time the candidate filed	5851
the candidate's declaration of candidacy and petition, nominating	5852
petition, or declaration of intent to be a write-in candidate.	5853

(4) As used in division (K) of this section, "election	5854
period" means the period of time beginning on the day a person	5855
files a declaration of candidacy and petition, nominating	5856
petition, or declaration of intent to be a write-in candidate	5857
through the day of the election at which the person seeks	5858
nomination to office if the person is not elected to office, or,	5859
if the candidate was nominated in a primary election, the day of	5860
the election at which the candidate seeks office.	5861

Sec. 3709.30.  In case of epidemic or threatened epidemic or	5862
during the unusual prevalence of a dangerous communicable disease,	5863
if the moneys in the district health fund of a general health	5864
district are not sufficient, in the judgment of the board of	5865
health of suchthe district, to defray the expenses necessary to	5866
prevent the spread of such disease, suchthe board shall estimate	5867
the amount required for suchthis purpose and apportion it among	5868
the townships and municipal corporations in which the condition	5869
exists, on the basis provided for in section 3709.28 of the	5870
Revised Code. SuchThe estimate and apportionment shall be	5871
certified to the county auditor of the proper county, who shall	5872
draw an order on the clerk, fiscal officer, auditor, or other	5873
similar officer of each township or municipal corporation affected	5874
therebyby it, for suchthat amount. SuchThe clerk, fiscal	5875
officer, auditor, or other similar officer shall forthwith draw	5876
hisa warrant on the township clerkfiscal officer or the	5877
treasurer of suchthe municipal corporation for the amount of such	5878
the certification, which shall be honored by the clerkfiscal	5879
officer or treasurer from any general treasury balances subject to	5880
histhe fiscal officer's or treasurer's control, regardless of	5881
funds.	5882

The clerk, fiscal officer, auditor, or other similar officer	5883
then shall thereupon set up an account to be designated "as an	5884
emergency health account," showing a deficit thereinin the	5885
account, and certify the action taken to the board of township	5886
trustees, legislative authority, or other body having the power to	5887
borrow money. Thereupon suchThat body then may exercise the	5888
powers provided for in section 3707.28 of the Revised Code. Moneys	5889
raised under this section shall be placed in the treasury of the	5890
borrowing subdivision and credited to the emergency health	5891
account, which shall thereuponthen be closed, so that the moneys	5892
taken from general cash balances shall be restored thereto and the	5893
regular funds of the subdivision shall be restored thereby.	5894

If there is not sufficient money in the general cash balances	5895
of suchthe subdivisions to satisfy the warrant so drawn by the	5896
clerk, fiscal officer, auditor, or other similar officer, the	5897
clerktownship fiscal officer or the treasurer thereofof the	5898
municipal corporation shall honor suchthe warrant to the extent	5899
of the cash in suchthe treasury, and the balance shall be	5900
certified by the clerk, fiscal officer, auditor, or other similar	5901
officer and the clerkfiscal officer or treasurer, jointly, to the	5902
borrowing authority, which shall immediately exercise the powers	5903
provided for in this section, to raise the amount of the warrant.	5904
The proceeds of such action shall be paid into the general cash	5905
balance in the treasury of the subdivision, and the balance due on	5906
the warrant shall then be paid.	5907

The warrants provided for in this section shall be drawn in	5908
favor of the county treasurer, as treasurer of the district health	5909
fund, and the proceeds shall go into suchthe fund. A separate	5910
account shall be kept of expenditures under this section. If a	5911
greater amount is expended in any township or municipal	5912
corporation than the amount drawn therefrom by action under this	5913
section, the excess shall be charged against suchthe subdivision	5914
at the next annual apportionment in addition to the amount	5915
apportionable to suchthe subdivision under section 3709.28 of the	5916
Revised Code. If the amount drawn under this section is not wholly	5917
expended in any subdivision, the unexpended remainder shall be	5918
credited to the next annual apportionment to suchthe subdivision.	5919

Performance of the official duties imposed by this section on	5920
officers, boards, and legislative bodies may be enforced by	5921
mandamus on the relation of the board of health, which is hereby	5922
given special capacity to sue in sucha mandamus action. In any	5923
such casemandamus action, the return day of the alternative writ	5924
shall not be more than three days after the filing of the	5925
petition.	5926

Sec. 3734.025.  The owner or operator of an off-site	5927
infectious waste treatment facility shall pay the fees levied by	5928
an ordinance or resolution adopted under section 3734.024 of the	5929
Revised Code monthly to the treasurer or other such officer of the	5930
municipal corporation as, by virtue of the charter, has the duties	5931
of the treasurer or to the clerkfiscal officer of the township.	5932
The owner or operator shall remit the fees to the treasurer or	5933
other officer or to the clerkfiscal officer in accordance with	5934
rules adopted under section 3734.026 of the Revised Code. The	5935
remittance shall be accompanied by a return indicating the total	5936
amount of infectious wastes received at the facility for treatment	5937
during the month to which the return applies. If a monthly return	5938
and remittance of the fees are not submitted to the treasurer or	5939
other officer or to the clerkfiscal officer within sixty days	5940
after the last day of the month to which the return and remittance	5941
apply or within sixty days after the date otherwise established in	5942
rules adopted under section 3734.026 of the Revised Code, the	5943
owner or operator shall pay a penalty of an additional fifty per	5944
cent of the amount of the remittance for each month that it is	5945
late.	5946

Money received by the treasurer or such other officer of the	5947
municipal corporation under this section shall be paid into the	5948
general fund of the municipal corporation. Money received by the	5949
clerkfiscal officer of a township under this section shall be	5950
paid into the general fund of the township. The treasurer or other	5951
officer of the municipal corporation or the clerkfiscal officer	5952
of the township, as appropriate, shall maintain separate records	5953
of money received from the fees remitted under this section.	5954

No owner or operator of an off-site infectious waste	5955
treatment facility shall violate or fail to comply with this	5956
section or a rule adopted under section 3734.026 of the Revised	5957
Code.	5958

Sec. 3734.026.  The director of environmental protection	5959
shall adopt rules in accordance with Chapter 119. of the Revised	5960
Code establishing procedures for remitting fees levied under	5961
section 3734.024 of the Revised Code to the treasurers or other	5962
appropriate fiscal officers of municipal corporations and to the	5963
clerksfiscal officers of townships. The rules also shall	5964
establish the dates for remitting the fees to those officers and	5965
may establish any other requirements that the director considers	5966
necessary or appropriate to implement or administer sections	5967
3734.024 and 3734.025 of the Revised Code.	5968

Sec. 3734.57.  (A) For the purposes of paying the state's	5969
long-term operation costs or matching share for actions taken	5970
under the "Comprehensive Environmental Response, Compensation, and	5971
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	5972
amended; paying the costs of measures for proper clean-up of sites	5973
where polychlorinated biphenyls and substances, equipment, and	5974
devices containing or contaminated with polychlorinated biphenyls	5975
have been stored or disposed of; paying the costs of conducting	5976
surveys or investigations of solid waste facilities or other	5977
locations where it is believed that significant quantities of	5978
hazardous waste were disposed of and for conducting enforcement	5979
actions arising from the findings of such surveys or	5980
investigations; paying the costs of acquiring and cleaning up, or	5981
providing financial assistance for cleaning up, any hazardous	5982
waste facility or solid waste facility containing significant	5983
quantities of hazardous waste, that constitutes an imminent and	5984
substantial threat to public health or safety or the environment;	5985
and, from July 1, 2003, through June 30, 2006, for the purposes of	5986
paying the costs of administering and enforcing the laws	5987
pertaining to solid wastes, infectious wastes, and construction	5988
and demolition debris, including, without limitation, ground water	5989
evaluations related to solid wastes, infectious wastes, and	5990
construction and demolition debris, under this chapter and Chapter	5991
3714. of the Revised Code and any rules adopted under them, and	5992
paying a share of the administrative costs of the environmental	5993
protection agency pursuant to section 3745.014 of the Revised	5994
Code, the following fees are hereby levied on the disposal of	5995
solid wastes in this state:	5996

(1) One dollar per ton on and after July 1, 1993;

5997

(2) An additional one dollar per ton on and after July 1,	5998
2003, through June 30, 2006.	5999

The owner or operator of a solid waste disposal facility	6000
shall collect the fees levied under this division as a trustee for	6001
the state and shall prepare and file with the director of	6002
environmental protection monthly returns indicating the total	6003
tonnage of solid wastes received for disposal at the gate of the	6004
facility and the total amount of the fees collected under this	6005
division. Not later than thirty days after the last day of the	6006
month to which such a return applies, the owner or operator shall	6007
mail to the director the return for that month together with the	6008
fees collected during that month as indicated on the return. The	6009
owner or operator may request an extension of not more than thirty	6010
days for filing the return and remitting the fees, provided that	6011
the owner or operator has submitted such a request in writing to	6012
the director together with a detailed description of why the	6013
extension is requested, the director has received the request not	6014
later than the day on which the return is required to be filed,	6015
and the director has approved the request. If the fees are not	6016
remitted within thirty days after the last day of the month during	6017
which they were collected or are not remitted by the last day of	6018
an extension approved by the director, the owner or operator shall	6019
pay an additional fifty per cent of the amount of the fees for	6020
each month that they are late.	6021

One-half of the moneys remitted to the director under	6022
division (A)(1) of this section shall be credited to the hazardous	6023
waste facility management fund created in section 3734.18 of the	6024
Revised Code, and one-half shall be credited to the hazardous	6025
waste clean-up fund created in section 3734.28 of the Revised	6026
Code. The moneys remitted to the director under division (A)(2) of	6027
this section shall be credited to the solid waste fund, which is	6028
hereby created in the state treasury. The environmental protection	6029
agency shall use moneys in the solid waste fund only to pay the	6030
costs of administering and enforcing the laws pertaining to solid	6031
wastes, infectious wastes, and construction and demolition debris,	6032
including, without limitation, ground water evaluations related to	6033
solid wastes, infectious wastes, and construction and demolition	6034
debris, under this chapter and Chapter 3714. of the Revised Code	6035
and rules adopted under them and to pay a share of the	6036
administrative costs of the environmental protection agency	6037
pursuant to section 3745.014 of the Revised Code.	6038

The fees levied under this division and divisions (B) and (C)	6039
of this section are in addition to all other applicable fees and	6040
taxes and shall be added to any other fee or amount specified in a	6041
contract that is charged by the owner or operator of a solid waste	6042
disposal facility or to any other fee or amount that is specified	6043
in a contract entered into on or after March 4, 1992, and that is	6044
charged by a transporter of solid wastes.	6045

(B) For the purpose of preparing, revising, and implementing	6046
the solid waste management plan of the county or joint solid waste	6047
management district, including, without limitation, the	6048
development and implementation of solid waste recycling or	6049
reduction programs; providing financial assistance to boards of	6050
health within the district, if solid waste facilities are located	6051
within the district, for the enforcement of this chapter and rules	6052
adopted and orders and terms and conditions of permits, licenses,	6053
and variances issued under it, other than the hazardous waste	6054
provisions of this chapter and rules adopted and orders and terms	6055
and conditions of permits issued under those provisions; providing	6056
financial assistance to the county to defray the added costs of	6057
maintaining roads and other public facilities and of providing	6058
emergency and other public services resulting from the location	6059
and operation of a solid waste facility within the county under	6060
the district's approved solid waste management plan; paying the	6061
costs incurred by boards of health for collecting and analyzing	6062
water samples from public or private wells on lands adjacent to	6063
solid waste facilities that are contained in the approved or	6064
amended plan of the district; paying the costs of developing and	6065
implementing a program for the inspection of solid wastes	6066
generated outside the boundaries of this state that are disposed	6067
of at solid waste facilities included in the district's approved	6068
solid waste management plan or amended plan; providing financial	6069
assistance to boards of health within the district for enforcing	6070
laws prohibiting open dumping; providing financial assistance to	6071
local law enforcement agencies within the district for enforcing	6072
laws and ordinances prohibiting littering; providing financial	6073
assistance to boards of health of health districts within the	6074
district that are on the approved list under section 3734.08 of	6075
the Revised Code for the training and certification required for	6076
their employees responsible for solid waste enforcement by rules	6077
adopted under division (L) of section 3734.02 of the Revised Code;	6078
providing financial assistance to individual municipal	6079
corporations and townships within the district to defray their	6080
added costs of maintaining roads and other public facilities and	6081
of providing emergency and other public services resulting from	6082
the location and operation within their boundaries of a	6083
composting, energy or resource recovery, incineration, or	6084
recycling facility that either is owned by the district or is	6085
furnishing solid waste management facility or recycling services	6086
to the district pursuant to a contract or agreement with the board	6087
of county commissioners or directors of the district; and payment	6088
of any expenses that are agreed to, awarded, or ordered to be paid	6089
under section 3734.35 of the Revised Code and of any	6090
administrative costs incurred pursuant to that section, the solid	6091
waste management policy committee of a county or joint solid waste	6092
management district may levy fees upon the following activities:	6093

(1) The disposal at a solid waste disposal facility located	6094
in the district of solid wastes generated within the district;	6095

(2) The disposal at a solid waste disposal facility within	6096
the district of solid wastes generated outside the boundaries of	6097
the district, but inside this state;	6098

(3) The disposal at a solid waste disposal facility within	6099
the district of solid wastes generated outside the boundaries of	6100
this state.	6101

If any such fees are levied prior to January 1, 1994, fees	6102
levied under division (B)(1) of this section always shall be equal	6103
to one-half of the fees levied under division (B)(2) of this	6104
section, and fees levied under division (B)(3) of this section,	6105
which shall be in addition to fees levied under division (B)(2) of	6106
this section, always shall be equal to fees levied under division	6107
(B)(1) of this section, except as otherwise provided in this	6108
division. The solid waste management plan of the county or joint	6109
district approved under section 3734.521 or 3734.55 of the Revised	6110
Code and any amendments to it, or the resolution adopted under	6111
this division, as appropriate, shall establish the rates of the	6112
fees levied under divisions (B)(1), (2), and (3) of this section,	6113
if any, and shall specify whether the fees are levied on the basis	6114
of tons or cubic yards as the unit of measurement. Although the	6115
fees under divisions (A)(1) and (2) of this section are levied on	6116
the basis of tons as the unit of measurement, the solid waste	6117
management plan of the district and any amendments to it or the	6118
solid waste management policy committee in its resolution levying	6119
fees under this division may direct that the fees levied under	6120
those divisions be levied on the basis of cubic yards as the unit	6121
of measurement based upon a conversion factor of three cubic yards	6122
per ton generally or one cubic yard per ton for baled wastes if	6123
the fees under divisions (B)(1) to (3) of this section are being	6124
levied on the basis of cubic yards as the unit of measurement	6125
under the plan, amended plan, or resolution.	6126

On and after January 1, 1994, the fee levied under division	6127
(B)(1) of this section shall be not less than one dollar per ton	6128
nor more than two dollars per ton, the fee levied under division	6129
(B)(2) of this section shall be not less than two dollars per ton	6130
nor more than four dollars per ton, and the fee levied under	6131
division (B)(3) of this section shall be not more than the fee	6132
levied under division (B)(1) of this section, except as otherwise	6133
provided in this division and notwithstanding any schedule of	6134
those fees established in the solid waste management plan of a	6135
county or joint district approved under section 3734.55 of the	6136
Revised Code or a resolution adopted and ratified under this	6137
division that is in effect on that date. If the fee that a	6138
district is levying under division (B)(1) of this section on that	6139
date under its approved plan or such a resolution is less than one	6140
dollar per ton, the fee shall be one dollar per ton on and after	6141
January 1, 1994, and if the fee that a district is so levying	6142
under that division exceeds two dollars per ton, the fee shall be	6143
two dollars per ton on and after that date. If the fee that a	6144
district is so levying under division (B)(2) of this section is	6145
less than two dollars per ton, the fee shall be two dollars per	6146
ton on and after that date, and if the fee that the district is so	6147
levying under that division exceeds four dollars per ton, the fee	6148
shall be four dollars per ton on and after that date. On that	6149
date, the fee levied by a district under division (B)(3) of this	6150
section shall be equal to the fee levied under division (B)(1) of	6151
this section. Except as otherwise provided in this division, the	6152
fees established by the operation of this amendment shall remain	6153
in effect until the district's resolution levying fees under this	6154
division is amended or repealed in accordance with this division	6155
to amend or abolish the schedule of fees, the schedule of fees is	6156
amended or abolished in an amended plan of the district approved	6157
under section 3734.521 or division (A) or (D) of section 3734.56	6158
of the Revised Code, or the schedule of fees is amended or	6159
abolished through an amendment to the district's plan under	6160
division (E) of section 3734.56 of the Revised Code; the	6161
notification of the amendment or abolishment of the fees has been	6162
given in accordance with this division; and collection of the	6163
amended fees so established commences, or collection of the fees	6164
ceases, in accordance with this division.	6165

The solid waste management policy committee of a district	6166
levying fees under divisions (B)(1) to (3) of this section on	6167
October 29, 1993, under its solid waste management plan approved	6168
under section 3734.55 of the Revised Code or a resolution adopted	6169
and ratified under this division that are within the ranges of	6170
rates prescribed by this amendment, by adoption of a resolution	6171
not later than December 1, 1993, and without the necessity for	6172
ratification of the resolution under this division, may amend	6173
those fees within the prescribed ranges, provided that the	6174
estimated revenues from the amended fees will not substantially	6175
exceed the estimated revenues set forth in the district's budget	6176
for calendar year 1994. Not later than seven days after the	6177
adoption of such a resolution, the committee shall notify by	6178
certified mail the owner or operator of each solid waste disposal	6179
facility that is required to collect the fees of the adoption of	6180
the resolution and of the amount of the amended fees. Collection	6181
of the amended fees shall take effect on the first day of the	6182
first month following the month in which the notification is sent	6183
to the owner or operator. The fees established in such a	6184
resolution shall remain in effect until the district's resolution	6185
levying fees that was adopted and ratified under this division is	6186
amended or repealed, and the amendment or repeal of the resolution	6187
is ratified, in accordance with this division, to amend or abolish	6188
the fees, the schedule of fees is amended or abolished in an	6189
amended plan of the district approved under section 3734.521 or	6190
division (A) or (D) of section 3734.56 of the Revised Code, or the	6191
schedule of fees is amended or abolished through an amendment to	6192
the district's plan under division (E) of section 3734.56 of the	6193
Revised Code; the notification of the amendment or abolishment of	6194
the fees has been given in accordance with this division; and	6195
collection of the amended fees so established commences, or	6196
collection of the fees ceases, in accordance with this division.	6197

Prior to the approval of the solid waste management plan of	6198
the district under section 3734.55 of the Revised Code, the solid	6199
waste management policy committee of a district may levy fees	6200
under this division by adopting a resolution establishing the	6201
proposed amount of the fees. Upon adopting the resolution, the	6202
committee shall deliver a copy of the resolution to the board of	6203
county commissioners of each county forming the district and to	6204
the legislative authority of each municipal corporation and	6205
township under the jurisdiction of the district and shall prepare	6206
and publish the resolution and a notice of the time and location	6207
where a public hearing on the fees will be held. Upon adopting the	6208
resolution, the committee shall deliver written notice of the	6209
adoption of the resolution; of the amount of the proposed fees;	6210
and of the date, time, and location of the public hearing to the	6211
director and to the fifty industrial, commercial, or institutional	6212
generators of solid wastes within the district that generate the	6213
largest quantities of solid wastes, as determined by the	6214
committee, and to their local trade associations. The committee	6215
shall make good faith efforts to identify those generators within	6216
the district and their local trade associations, but the	6217
nonprovision of notice under this division to a particular	6218
generator or local trade association does not invalidate the	6219
proceedings under this division. The publication shall occur at	6220
least thirty days before the hearing. After the hearing, the	6221
committee may make such revisions to the proposed fees as it	6222
considers appropriate and thereafter, by resolution, shall adopt	6223
the revised fee schedule. Upon adopting the revised fee schedule,	6224
the committee shall deliver a copy of the resolution doing so to	6225
the board of county commissioners of each county forming the	6226
district and to the legislative authority of each municipal	6227
corporation and township under the jurisdiction of the district.	6228
Within sixty days after the delivery of a copy of the resolution	6229
adopting the proposed revised fees by the policy committee, each	6230
such board and legislative authority, by ordinance or resolution,	6231
shall approve or disapprove the revised fees and deliver a copy of	6232
the ordinance or resolution to the committee. If any such board or	6233
legislative authority fails to adopt and deliver to the policy	6234
committee an ordinance or resolution approving or disapproving the	6235
revised fees within sixty days after the policy committee	6236
delivered its resolution adopting the proposed revised fees, it	6237
shall be conclusively presumed that the board or legislative	6238
authority has approved the proposed revised fees.	6239

In the case of a county district or a joint district formed	6240
by two or three counties, the committee shall declare the proposed	6241
revised fees to be ratified as the fee schedule of the district	6242
upon determining that the board of county commissioners of each	6243
county forming the district has approved the proposed revised fees	6244
and that the legislative authorities of a combination of municipal	6245
corporations and townships with a combined population within the	6246
district comprising at least sixty per cent of the total	6247
population of the district have approved the proposed revised	6248
fees, provided that in the case of a county district, that	6249
combination shall include the municipal corporation having the	6250
largest population within the boundaries of the district, and	6251
provided further that in the case of a joint district formed by	6252
two or three counties, that combination shall include for each	6253
county forming the joint district the municipal corporation having	6254
the largest population within the boundaries of both the county in	6255
which the municipal corporation is located and the joint district.	6256
In the case of a joint district formed by four or more counties,	6257
the committee shall declare the proposed revised fees to be	6258
ratified as the fee schedule of the joint district upon	6259
determining that the boards of county commissioners of a majority	6260
of the counties forming the district have approved the proposed	6261
revised fees; that, in each of a majority of the counties forming	6262
the joint district, the proposed revised fees have been approved	6263
by the municipal corporation having the largest population within	6264
the county and the joint district; and that the legislative	6265
authorities of a combination of municipal corporations and	6266
townships with a combined population within the joint district	6267
comprising at least sixty per cent of the total population of the	6268
joint district have approved the proposed revised fees.	6269

For the purposes of this division, only the population of the	6270
unincorporated area of a township shall be considered. For the	6271
purpose of determining the largest municipal corporation within	6272
each county under this division, a municipal corporation that is	6273
located in more than one solid waste management district, but that	6274
is under the jurisdiction of one county or joint solid waste	6275
management district in accordance with division (A) of section	6276
3734.52 of the Revised Code shall be considered to be within the	6277
boundaries of the county in which a majority of the population of	6278
the municipal corporation resides.	6279

The committee may amend the schedule of fees levied pursuant	6280
to a resolution or amended resolution adopted and ratified under	6281
this division by adopting a resolution establishing the proposed	6282
amount of the amended fees. The committee may abolish the fees	6283
levied pursuant to such a resolution or amended resolution by	6284
adopting a resolution proposing to repeal them. Upon adopting such	6285
a resolution, the committee shall proceed to obtain ratification	6286
of the resolution in accordance with this division.	6287

Not later than fourteen days after declaring the fees or	6288
amended fees to be ratified under this division, the committee	6289
shall notify by certified mail the owner or operator of each solid	6290
waste disposal facility that is required to collect the fees of	6291
the ratification and the amount of the fees. Collection of any	6292
fees or amended fees ratified on or after March 24, 1992, shall	6293
commence on the first day of the second month following the month	6294
in which notification is sent to the owner or operator.	6295

Not later than fourteen days after declaring the repeal of	6296
the district's schedule of fees to be ratified under this	6297
division, the committee shall notify by certified mail the owner	6298
or operator of each facility that is collecting the fees of the	6299
repeal. Collection of the fees shall cease on the first day of the	6300
second month following the month in which notification is sent to	6301
the owner or operator.	6302

Not later than fourteen days after the director issues an	6303
order approving a district's solid waste management plan under	6304
section 3734.55 of the Revised Code or amended plan under division	6305
(A) or (D) of section 3734.56 of the Revised Code that establishes	6306
or amends a schedule of fees levied by the district, or the	6307
ratification of an amendment to the district's approved plan or	6308
amended plan under division (E) of section 3734.56 of the Revised	6309
Code that establishes or amends a schedule of fees, as	6310
appropriate, the committee shall notify by certified mail the	6311
owner or operator of each solid waste disposal facility that is	6312
required to collect the fees of the approval of the plan or	6313
amended plan, or the amendment to the plan, as appropriate, and	6314
the amount of the fees or amended fees. In the case of an initial	6315
or amended plan approved under section 3734.521 of the Revised	6316
Code in connection with a change in district composition, other	6317
than one involving the withdrawal of a county from a joint	6318
district, that establishes or amends a schedule of fees levied	6319
under divisions (B)(1) to (3) of this section by a district	6320
resulting from the change, the committee, within fourteen days	6321
after the change takes effect pursuant to division (G) of that	6322
section, shall notify by certified mail the owner or operator of	6323
each solid waste disposal facility that is required to collect the	6324
fees that the change has taken effect and of the amount of the	6325
fees or amended fees. Collection of any fees set forth in a plan	6326
or amended plan approved by the director on or after April 16,	6327
1993, or an amendment of a plan or amended plan under division (E)	6328
of section 3734.56 of the Revised Code that is ratified on or	6329
after April 16, 1993, shall commence on the first day of the	6330
second month following the month in which notification is sent to	6331
the owner or operator.	6332

Not later than fourteen days after the director issues an	6333
order approving a district's plan under section 3734.55 of the	6334
Revised Code or amended plan under division (A) or (D) of section	6335
3734.56 of the Revised Code that abolishes the schedule of fees	6336
levied under divisions (B)(1) to (3) of this section, or an	6337
amendment to the district's approved plan or amended plan	6338
abolishing the schedule of fees is ratified pursuant to division	6339
(E) of section 3734.56 of the Revised Code, as appropriate, the	6340
committee shall notify by certified mail the owner or operator of	6341
each facility that is collecting the fees of the approval of the	6342
plan or amended plan, or the amendment of the plan or amended	6343
plan, as appropriate, and the abolishment of the fees. In the case	6344
of an initial or amended plan approved under section 3734.521 of	6345
the Revised Code in connection with a change in district	6346
composition, other than one involving the withdrawal of a county	6347
from a joint district, that abolishes the schedule of fees levied	6348
under divisions (B)(1) to (3) of this section by a district	6349
resulting from the change, the committee, within fourteen days	6350
after the change takes effect pursuant to division (G) of that	6351
section, shall notify by certified mail the owner or operator of	6352
each solid waste disposal facility that is required to collect the	6353
fees that the change has taken effect and of the abolishment of	6354
the fees. Collection of the fees shall cease on the first day of	6355
the second month following the month in which notification is sent	6356
to the owner or operator.	6357

Except as otherwise provided in this division, if the	6358
schedule of fees that a district is levying under divisions (B)(1)	6359
to (3) of this section pursuant to a resolution or amended	6360
resolution adopted and ratified under this division, the solid	6361
waste management plan of the district approved under section	6362
3734.55 of the Revised Code, an amended plan approved under	6363
division (A) or (D) of section 3734.56 of the Revised Code, or an	6364
amendment to the district's approved plan or amended plan under	6365
division (E) of section 3734.56 of the Revised Code, is amended by	6366
the adoption and ratification of an amendment to the resolution or	6367
amended resolution or an amendment of the district's approved plan	6368
or amended plan, the fees in effect immediately prior to the	6369
approval of the plan or the amendment of the resolution, amended	6370
resolution, plan, or amended plan, as appropriate, shall continue	6371
to be collected until collection of the amended fees commences	6372
pursuant to this division.	6373

If, in the case of a change in district composition involving	6374
the withdrawal of a county from a joint district, the director	6375
completes the actions required under division (G)(1) or (3) of	6376
section 3734.521 of the Revised Code, as appropriate, forty-five	6377
days or more before the beginning of a calendar year, the policy	6378
committee of each of the districts resulting from the change that	6379
obtained the director's approval of an initial or amended plan in	6380
connection with the change, within fourteen days after the	6381
director's completion of the required actions, shall notify by	6382
certified mail the owner or operator of each solid waste disposal	6383
facility that is required to collect the district's fees that the	6384
change is to take effect on the first day of January immediately	6385
following the issuance of the notice and of the amount of the fees	6386
or amended fees levied under divisions (B)(1) to (3) of this	6387
section pursuant to the district's initial or amended plan as so	6388
approved or, if appropriate, the abolishment of the district's	6389
fees by that initial or amended plan. Collection of any fees set	6390
forth in such a plan or amended plan shall commence on the first	6391
day of January immediately following the issuance of the notice.	6392
If such an initial or amended plan abolishes a schedule of fees,	6393
collection of the fees shall cease on that first day of January.	6394

If, in the case of a change in district composition involving	6395
the withdrawal of a county from a joint district, the director	6396
completes the actions required under division (G)(1) or (3) of	6397
section 3734.521 of the Revised Code, as appropriate, less than	6398
forty-five days before the beginning of a calendar year, the	6399
director, on behalf of each of the districts resulting from the	6400
change that obtained the director's approval of an initial or	6401
amended plan in connection with the change proceedings, shall	6402
notify by certified mail the owner or operator of each solid waste	6403
disposal facility that is required to collect the district's fees	6404
that the change is to take effect on the first day of January	6405
immediately following the mailing of the notice and of the amount	6406
of the fees or amended fees levied under divisions (B)(1) to (3)	6407
of this section pursuant to the district's initial or amended plan	6408
as so approved or, if appropriate, the abolishment of the	6409
district's fees by that initial or amended plan. Collection of any	6410
fees set forth in such a plan or amended plan shall commence on	6411
the first day of the second month following the month in which	6412
notification is sent to the owner or operator. If such an initial	6413
or amended plan abolishes a schedule of fees, collection of the	6414
fees shall cease on the first day of the second month following	6415
the month in which notification is sent to the owner or operator.	6416

In the case of a change in district composition, the schedule	6417
of fees that the former districts that existed prior to the change	6418
were levying under divisions (B)(1) to (3) of this section	6419
pursuant to a resolution or amended resolution adopted and	6420
ratified under this division, the solid waste management plan of a	6421
former district approved under section 3734.521 or 3734.55 of the	6422
Revised Code, an amended plan approved under section 3734.521 or	6423
division (A) or (D) of section 3734.56 of the Revised Code, or an	6424
amendment to a former district's approved plan or amended plan	6425
under division (E) of section 3734.56 of the Revised Code, and	6426
that were in effect on the date that the director completed the	6427
actions required under division (G)(1) or (3) of section 3734.521	6428
of the Revised Code shall continue to be collected until the	6429
collection of the fees or amended fees of the districts resulting	6430
from the change is required to commence, or if an initial or	6431
amended plan of a resulting district abolishes a schedule of fees,	6432
collection of the fees is required to cease, under this division.	6433
Moneys so received from the collection of the fees of the former	6434
districts shall be divided among the resulting districts in	6435
accordance with division (B) of section 343.012 of the Revised	6436
Code and the agreements entered into under division (B) of section	6437
343.01 of the Revised Code to establish the former and resulting	6438
districts and any amendments to those agreements.	6439

For the purposes of the provisions of division (B) of this	6440
section establishing the times when newly established or amended	6441
fees levied by a district are required to commence and the	6442
collection of fees that have been amended or abolished is required	6443
to cease, "fees" or "schedule of fees" includes, in addition to	6444
fees levied under divisions (B)(1) to (3) of this section, those	6445
levied under section 3734.573 or 3734.574 of the Revised Code.	6446

(C) For the purposes of defraying the added costs to a	6447
municipal corporation or township of maintaining roads and other	6448
public facilities and of providing emergency and other public	6449
services, and compensating a municipal corporation or township for	6450
reductions in real property tax revenues due to reductions in real	6451
property valuations resulting from the location and operation of a	6452
solid waste disposal facility within the municipal corporation or	6453
township, a municipal corporation or township in which such a	6454
solid waste disposal facility is located may levy a fee of not	6455
more than twenty-five cents per ton on the disposal of solid	6456
wastes at a solid waste disposal facility located within the	6457
boundaries of the municipal corporation or township regardless of	6458
where the wastes were generated.	6459

The legislative authority of a municipal corporation or	6460
township may levy fees under this division by enacting an	6461
ordinance or adopting a resolution establishing the amount of the	6462
fees. Upon so doing the legislative authority shall mail a	6463
certified copy of the ordinance or resolution to the board of	6464
county commissioners or directors of the county or joint solid	6465
waste management district in which the municipal corporation or	6466
township is located or, if a regional solid waste management	6467
authority has been formed under section 343.011 of the Revised	6468
Code, to the board of trustees of that regional authority, the	6469
owner or operator of each solid waste disposal facility in the	6470
municipal corporation or township that is required to collect the	6471
fee by the ordinance or resolution, and the director of	6472
environmental protection. Although the fees levied under this	6473
division are levied on the basis of tons as the unit of	6474
measurement, the legislative authority, in its ordinance or	6475
resolution levying the fees under this division, may direct that	6476
the fees be levied on the basis of cubic yards as the unit of	6477
measurement based upon a conversion factor of three cubic yards	6478
per ton generally or one cubic yard per ton for baled wastes.	6479

Not later than five days after enacting an ordinance or	6480
adopting a resolution under this division, the legislative	6481
authority shall so notify by certified mail the owner or operator	6482
of each solid waste disposal facility that is required to collect	6483
the fee. Collection of any fee levied on or after March 24, 1992,	6484
shall commence on the first day of the second month following the	6485
month in which notification is sent to the owner or operator.	6486

(D)(1) The fees levied under divisions (A), (B), and (C) of	6487
this section do not apply to the disposal of solid wastes that:	6488

(a) Are disposed of at a facility owned by the generator of	6489
the wastes when the solid waste facility exclusively disposes of	6490
solid wastes generated at one or more premises owned by the	6491
generator regardless of whether the facility is located on a	6492
premises where the wastes are generated;	6493

(b) Are disposed of at facilities that exclusively dispose of	6494
wastes that are generated from the combustion of coal, or from the	6495
combustion of primarily coal in combination with scrap tires, that	6496
is not combined in any way with garbage at one or more premises	6497
owned by the generator.	6498

(2) Except as provided in section 3734.571 of the Revised	6499
Code, any fees levied under division (B)(1) of this section apply	6500
to solid wastes originating outside the boundaries of a county or	6501
joint district that are covered by an agreement for the joint use	6502
of solid waste facilities entered into under section 343.02 of the	6503
Revised Code by the board of county commissioners or board of	6504
directors of the county or joint district where the wastes are	6505
generated and disposed of.	6506

(3) When solid wastes, other than solid wastes that consist	6507
of scrap tires, are burned in a disposal facility that is an	6508
incinerator or energy recovery facility, the fees levied under	6509
divisions (A), (B), and (C) of this section shall be levied upon	6510
the disposal of the fly ash and bottom ash remaining after burning	6511
of the solid wastes and shall be collected by the owner or	6512
operator of the sanitary landfill where the ash is disposed of.	6513

(4) When solid wastes are delivered to a solid waste transfer	6514
facility, the fees levied under divisions (A), (B), and (C) of	6515
this section shall be levied upon the disposal of solid wastes	6516
transported off the premises of the transfer facility for disposal	6517
and shall be collected by the owner or operator of the solid waste	6518
disposal facility where the wastes are disposed of.	6519

(5) The fees levied under divisions (A), (B), and (C) of this	6520
section do not apply to sewage sludge that is generated by a waste	6521
water treatment facility holding a national pollutant discharge	6522
elimination system permit and that is disposed of through	6523
incineration, land application, or composting or at another	6524
resource recovery or disposal facility that is not a landfill.	6525

(6) The fees levied under divisions (A), (B), and (C) of this	6526
section do not apply to solid wastes delivered to a solid waste	6527
composting facility for processing. When any unprocessed solid	6528
waste or compost product is transported off the premises of a	6529
composting facility and disposed of at a landfill, the fees levied	6530
under divisions (A), (B), and (C) of this section shall be	6531
collected by the owner or operator of the landfill where the	6532
unprocessed waste or compost product is disposed of.	6533

(7) When solid wastes that consist of scrap tires are	6534
processed at a scrap tire recovery facility, the fees levied under	6535
divisions (A), (B), and (C) of this section shall be levied upon	6536
the disposal of the fly ash and bottom ash or other solid wastes	6537
remaining after the processing of the scrap tires and shall be	6538
collected by the owner or operator of the solid waste disposal	6539
facility where the ash or other solid wastes are disposed of.	6540

(E) The fees levied under divisions (B) and (C) of this	6541
section shall be collected by the owner or operator of the solid	6542
waste disposal facility where the wastes are disposed of as a	6543
trustee for the county or joint district and municipal corporation	6544
or township where the wastes are disposed of. Moneys from the fees	6545
levied under division (B) of this section shall be forwarded to	6546
the board of county commissioners or board of directors of the	6547
district in accordance with rules adopted under division (H) of	6548
this section. Moneys from the fees levied under division (C) of	6549
this section shall be forwarded to the treasurer or such other	6550
officer of the municipal corporation as, by virtue of the charter,	6551
has the duties of the treasurer or to the clerkfiscal officer of	6552
the township, as appropriate, in accordance with those rules.	6553

(F) Moneys received by the treasurer or such other officer of	6554
the municipal corporation under division (E) of this section shall	6555
be paid into the general fund of the municipal corporation. Moneys	6556
received by the clerkfiscal officer of the township under that	6557
division shall be paid into the general fund of the township. The	6558
treasurer or such other officer of the municipal corporation or	6559
the clerktownship fiscal officer, as appropriate, shall maintain	6560
separate records of the moneys received from the fees levied under	6561
division (C) of this section.	6562

(G) Moneys received by the board of county commissioners or	6563
board of directors under division (E) of this section or section	6564
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	6565
shall be paid to the county treasurer, or other official acting in	6566
a similar capacity under a county charter, in a county district or	6567
to the county treasurer or other official designated by the board	6568
of directors in a joint district and kept in a separate and	6569
distinct fund to the credit of the district. If a regional solid	6570
waste management authority has been formed under section 343.011	6571
of the Revised Code, moneys received by the board of trustees of	6572
that regional authority under division (E) of this section shall	6573
be kept by the board in a separate and distinct fund to the credit	6574
of the district. Moneys in the special fund of the county or joint	6575
district arising from the fees levied under division (B) of this	6576
section and the fee levied under division (A) of section 3734.573	6577
of the Revised Code shall be expended by the board of county	6578
commissioners or directors of the district in accordance with the	6579
district's solid waste management plan or amended plan approved	6580
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	6581
exclusively for the following purposes:	6582

(1) Preparation of the solid waste management plan of the	6583
district under section 3734.54 of the Revised Code, monitoring	6584
implementation of the plan, and conducting the periodic review and	6585
amendment of the plan required by section 3734.56 of the Revised	6586
Code by the solid waste management policy committee;	6587

(2) Implementation of the approved solid waste management	6588
plan or amended plan of the district, including, without	6589
limitation, the development and implementation of solid waste	6590
recycling or reduction programs;	6591

(3) Providing financial assistance to boards of health within	6592
the district, if solid waste facilities are located within the	6593
district, for enforcement of this chapter and rules, orders, and	6594
terms and conditions of permits, licenses, and variances adopted	6595
or issued under it, other than the hazardous waste provisions of	6596
this chapter and rules adopted and orders and terms and conditions	6597
of permits issued under those provisions;	6598

(4) Providing financial assistance to each county within the	6599
district to defray the added costs of maintaining roads and other	6600
public facilities and of providing emergency and other public	6601
services resulting from the location and operation of a solid	6602
waste facility within the county under the district's approved	6603
solid waste management plan or amended plan;	6604

(5) Pursuant to contracts entered into with boards of health	6605
within the district, if solid waste facilities contained in the	6606
district's approved plan or amended plan are located within the	6607
district, for paying the costs incurred by those boards of health	6608
for collecting and analyzing samples from public or private water	6609
wells on lands adjacent to those facilities;	6610

(6) Developing and implementing a program for the inspection	6611
of solid wastes generated outside the boundaries of this state	6612
that are disposed of at solid waste facilities included in the	6613
district's approved solid waste management plan or amended plan;	6614

(7) Providing financial assistance to boards of health within	6615
the district for the enforcement of section 3734.03 of the Revised	6616
Code or to local law enforcement agencies having jurisdiction	6617
within the district for enforcing anti-littering laws and	6618
ordinances;	6619

(8) Providing financial assistance to boards of health of	6620
health districts within the district that are on the approved list	6621
under section 3734.08 of the Revised Code to defray the costs to	6622
the health districts for the participation of their employees	6623
responsible for enforcement of the solid waste provisions of this	6624
chapter and rules adopted and orders and terms and conditions of	6625
permits, licenses, and variances issued under those provisions in	6626
the training and certification program as required by rules	6627
adopted under division (L) of section 3734.02 of the Revised Code;	6628

(9) Providing financial assistance to individual municipal	6629
corporations and townships within the district to defray their	6630
added costs of maintaining roads and other public facilities and	6631
of providing emergency and other public services resulting from	6632
the location and operation within their boundaries of a	6633
composting, energy or resource recovery, incineration, or	6634
recycling facility that either is owned by the district or is	6635
furnishing solid waste management facility or recycling services	6636
to the district pursuant to a contract or agreement with the board	6637
of county commissioners or directors of the district;	6638

(10) Payment of any expenses that are agreed to, awarded, or	6639
ordered to be paid under section 3734.35 of the Revised Code and	6640
of any administrative costs incurred pursuant to that section. In	6641
the case of a joint solid waste management district, if the board	6642
of county commissioners of one of the counties in the district is	6643
negotiating on behalf of affected communities, as defined in that	6644
section, in that county, the board shall obtain the approval of	6645
the board of directors of the district in order to expend moneys	6646
for administrative costs incurred.	6647

Prior to the approval of the district's solid waste	6648
management plan under section 3734.55 of the Revised Code, moneys	6649
in the special fund of the district arising from the fees shall be	6650
expended for those purposes in the manner prescribed by the solid	6651
waste management policy committee by resolution.	6652

Notwithstanding division (G)(6) of this section as it existed	6653
prior to October 29, 1993, or any provision in a district's solid	6654
waste management plan prepared in accordance with division	6655
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	6656
prior to that date, any moneys arising from the fees levied under	6657
division (B)(3) of this section prior to January 1, 1994, may be	6658
expended for any of the purposes authorized in divisions (G)(1) to	6659
(10) of this section.	6660

(H) The director shall adopt rules in accordance with Chapter	6661
119. of the Revised Code prescribing procedures for collecting and	6662
forwarding the fees levied under divisions (B) and (C) of this	6663
section to the boards of county commissioners or directors of	6664
county or joint solid waste management districts and to the	6665
treasurers or other officers of municipal corporations or toand	6666
the clerksfiscal officers of townships. The rules also shall	6667
prescribe the dates for forwarding the fees to the boards and	6668
officials and may prescribe any other requirements the director	6669
considers necessary or appropriate to implement and administer	6670
divisions (A), (B), and (C) of this section. Collection of the	6671
fees levied under division (A)(1) of this section shall commence	6672
on July 1, 1993. Collection of the fees levied under division	6673
(A)(2) of this section shall commence on January 1, 1994.	6674

Sec. 4301.80.  (A) As used in this section, "community	6675
entertainment district" means a bounded area that includes or will	6676
include a combination of entertainment, retail, educational,	6677
sporting, social, cultural, or arts establishments within close	6678
proximity to some or all of the following types of establishments	6679
within the district, or other types of establishments similar to	6680
these:	6681

(1) Hotels;

6682

(2) Restaurants;

6683

(3) Retail sales establishments;

6684

(4) Enclosed shopping centers;

6685

(5) Museums;

6686

(6) Performing arts theaters;

6687

(7) Motion picture theaters;

6688

(8) Night clubs;

6689

(9) Convention facilities;

6690

(10) Sports facilities;

6691

(11) Entertainment facilities or complexes;

6692

(12) Any combination of the establishments described in	6693
division (A)(1) to (11) of this section that provide similar	6694
services to the community.	6695

(B) Any owner of property located in a municipal corporation	6696
seeking to have that property, or that property and other	6697
surrounding property, designated as a community entertainment	6698
district shall file an application seeking this designation with	6699
the mayor of the municipal corporation in which that property is	6700
located. Any owner of property located in the unincorporated area	6701
of a township seeking to have that property, or that property and	6702
other surrounding property, designated as a community	6703
entertainment district shall file an application seeking this	6704
designation with the board of township trustees of the township in	6705
whose unincorporated area that property is located. An application	6706
to designate an area as a community entertainment district shall	6707
contain all of the following:	6708

(1) The applicant's name and address;

6709

(2) A map or survey of the proposed community entertainment	6710
district in sufficient detail to identify the boundaries of the	6711
district and the property owned by the applicant;	6712

(3) A general statement of the nature and types of	6713
establishments described in division (A) of this section that are	6714
or will be located within the proposed community improvement	6715
district and any other establishments located in the proposed	6716
community entertainment district that are not described in	6717
division (A) of this section;	6718

(4) If some or all of the establishments within the proposed	6719
community entertainment district have not yet been developed, the	6720
proposed time frame for completing the development of these	6721
establishments;	6722

(5) Evidence that the uses of land within the proposed	6723
community entertainment district are in accord with the municipal	6724
corporation's or township's master zoning plan or map;	6725

(6) A certificate from a surveyor or engineer licensed under	6726
Chapter 4733. of the Revised Code indicating that the area	6727
encompassed by the proposed community entertainment district	6728
contains no less than twenty contiguous acres;	6729

(7) A handling and processing fee to accompany the	6730
application, payable to the applicable municipal corporation or	6731
township, in an amount determined by that municipal corporation or	6732
township.	6733

(C) An application described in division (B) of this section	6734
relating to an area located in a municipal corporation shall be	6735
addressed and submitted to the mayor of the municipal corporation	6736
in which the area described in the application is located. The	6737
mayor, within thirty days after receiving the application, shall	6738
submit the application with the mayor's recommendation to the	6739
legislative authority of the municipal corporation. An application	6740
described in division (B) of this section relating to an area	6741
located in the unincorporated area of a township shall be	6742
addressed and submitted to the board of township trustees of the	6743
township in whose unincorporated area the area described in the	6744
application is located. The application is a public record for	6745
purposes of section 149.43 of the Revised Code upon its receipt by	6746
the mayor or board of township trustees.	6747

Within thirty days after it receives the application and the	6748
mayor's recommendations relating to the application, the	6749
legislative authority of the municipal corporation, by notice	6750
published once a week for two consecutive weeks in at least one	6751
newspaper of general circulation in the municipal corporation,	6752
shall notify the public that the application is on file in the	6753
office of the clerk of the municipal corporation and is available	6754
for inspection by the public during regular business hours. Within	6755
thirty days after it receives the application, the board of	6756
township trustees, by notice published once a week for two	6757
consecutive weeks in at least one newspaper of general circulation	6758
in the township, shall notify the public that the application is	6759
on file in the office of the township clerkfiscal officer and is	6760
available for inspection by the public during regular business	6761
hours. The notice shall also indicate the date and time of any	6762
public hearing by the legislative authority or board of township	6763
trustees on the application.	6764

Within seventy-five days after the date the application is	6765
filed with the mayor of a municipal corporation, the legislative	6766
authority of the municipal corporation by ordinance or resolution	6767
shall approve or disapprove the application based on whether the	6768
proposed community entertainment district does or will	6769
substantially contribute to entertainment, retail, educational,	6770
sporting, social, cultural, or arts opportunities for the	6771
community. The community considered shall at a minimum include the	6772
municipal corporation in which the community is located. Any	6773
approval of an application shall be by an affirmative majority	6774
vote of the legislative authority.	6775

Within seventy-five days after the date the application is	6776
filed with a board of township trustees, the board by resolution	6777
shall approve or disapprove the application based on whether the	6778
proposed community entertainment district does or will	6779
substantially contribute to entertainment, retail, educational,	6780
sporting, social, cultural, or arts opportunities for the	6781
community. The community considered shall at a minimum include the	6782
township in which the community is located. Any approval of an	6783
application shall be by an affirmative majority vote of the board	6784
of township trustees.	6785

If the legislative authority or board of township trustees	6786
disapproves the application, the applicant may make changes in the	6787
application to secure its approval by the legislative authority or	6788
board of township trustees. Any area approved by the legislative	6789
authority or board of township trustees constitutes a community	6790
entertainment district, and a local option election may be	6791
conducted in the district, as a type of community facility, under	6792
section 4301.356 of the Revised Code.	6793

(D) All or part of an area designated as a community	6794
entertainment district may lose this designation as provided in	6795
this division. The legislative authority of a municipal	6796
corporation in which a community entertainment district is	6797
located, or the board of township trustees of the township in	6798
whose unincorporated area a community entertainment district is	6799
located, after giving notice of its proposed action by publication	6800
once a week for two consecutive weeks in at least one newspaper of	6801
general circulation in the municipal corporation or township, may	6802
determine by ordinance or resolution in the case of the	6803
legislative authority of a municipal corporation, or by resolution	6804
in the case of a board of township trustees of a township, that	6805
all or part of the area fails to meet the standards described in	6806
this section for designation of an area as a community	6807
entertainment district. If the legislative authority or board so	6808
determines, the area designated in the ordinance or resolution no	6809
longer constitutes a community entertainment district.	6810

Sec. 4303.26.  (A) Applications for regular permits	6811
authorized by sections 4303.02 to 4303.23 of the Revised Code may	6812
be filed with the division of liquor control. No permit shall be	6813
issued by the division until fifteen days after the application	6814
for it is filed. An applicant for the issuance of a new permit	6815
shall pay a processing fee of one hundred dollars when filing	6816
application for the permit, if the permit is then available, or	6817
shall pay the processing fee when a permit becomes available, if	6818
it is not available when the applicant initially files the	6819
application. When an application for a new class C or D permit is	6820
filed, when class C or D permits become available, or when an	6821
application for transfer of ownership of a class C or D permit or	6822
transfer of a location of a class C or D permit is filed, no	6823
permit shall be issued, nor shall the location or the ownership of	6824
a permit be transferred, by the division until the division	6825
notifies the legislative authority of the municipal corporation,	6826
if the business or event is or is to be located within the	6827
corporate limits of a municipal corporation, or the clerk of the	6828
board of county commissioners and the fiscal officer of the board	6829
of township trustees in the county in which the business or event	6830
is or is to be conducted, if the business is or is to be located	6831
outside the corporate limits of a municipal corporation, and an	6832
opportunity is provided officials or employees of the municipal	6833
corporation or county and township, who shall be designated by the	6834
legislative authority of the municipal corporation or the board of	6835
county commissioners or board of township trustees, for a complete	6836
hearing upon the advisability of the issuance, transfer of	6837
ownership, or transfer of location of the permit. In this hearing,	6838
no objection to the issuance, transfer of ownership, or transfer	6839
of location of the permit shall be based upon noncompliance of the	6840
proposed permit premises with local zoning regulations which	6841
prohibit the sale of beer or intoxicating liquor, in an area zoned	6842
for commercial or industrial uses, for a permit premises that	6843
would otherwise qualify for a proper permit issued by the	6844
division.	6845

When the division sends notice to the legislative or	6846
executive authority of the political subdivision, as required by	6847
this section, the division shall also so notify, by certified	6848
mail, return receipt requested, or by personal service, the chief	6849
peace officer of the political subdivision. Upon the request of	6850
the chief peace officer, the division shall send the chief peace	6851
officer a copy of the application for the issuance or the transfer	6852
of ownership or location of the permit and all other documents or	6853
materials filed by the applicant or applicants in relation to the	6854
application. The chief peace officer may appear and testify,	6855
either in person or through a representative, at any hearing held	6856
on the advisability of the issuance, transfer of ownership, or	6857
transfer of location of the permit. The hearing shall be held in	6858
the central office of the division, except that upon written	6859
request of the legislative authority of the municipal corporation	6860
or the board of county commissioners or board of township	6861
trustees, the hearing shall be held in the county seat of the	6862
county where the applicant's business is or is to be conducted.	6863

If the business or event specified in an application for the	6864
issuance, transfer of ownership, or transfer of location of any	6865
regular permit authorized by sections 4303.02 to 4303.23 of the	6866
Revised Code, except for an F-2 permit, is, or is to be operated,	6867
within five hundred feet from the boundaries of a parcel of real	6868
estate having situated on it a school, church, library, public	6869
playground, or township park, no permit shall be issued, nor shall	6870
the location or the ownership of a permit be transferred, by the	6871
division until written notice of the filing of the application	6872
with the division is served, by certified mail, return receipt	6873
requested, or by personal service, upon the authorities in control	6874
of the school, church, library, public playground, or township	6875
park and an opportunity is provided them for a complete hearing	6876
upon the advisability of the issuance, transfer of ownership, or	6877
transfer of location of the permit. In this hearing, no objection	6878
to the issuance, transfer of ownership, or transfer of location of	6879
the permit shall be based upon the noncompliance of the proposed	6880
permit premises with local zoning regulations which prohibit the	6881
sale of beer or intoxicating liquor, in an area zoned for	6882
commercial or industrial uses, for a permit premises that would	6883
otherwise qualify for a proper permit issued by the division. Upon	6884
the written request of any suchof these authorities, the hearing	6885
shall be held in the county seat of the county where the	6886
applicant's business is or is to be conducted.	6887

A request for any hearing authorized by this section shall be	6888
made no later than thirty days from the time of notification by	6889
the division. This thirty-day period begins on the date the	6890
division mails notice to the legislative authority or the date on	6891
which the division mails notice to or, by personal service, serves	6892
notice upon, the institution. The division shall conduct a hearing	6893
if the request for the hearing is postmarked by the deadline date.	6894
The division may allow, upon cause shown by the requesting	6895
legislative authority or board, an extension of thirty additional	6896
days for the legislative authority of the municipal corporation,	6897
board of township trustees of the township, or board of county	6898
commissioners of the county in which a permit premises is or is to	6899
be located to object to the issuance, transfer of ownership, or	6900
transfer of location of a permit. SuchThe request for the	6901
extension shall be made by the legislative authority or board to	6902
the division no later than thirty days after the time of	6903
notification by the division.	6904

(B)(1) When an application for transfer of ownership of a	6905
permit is filed with the division, the division shall give notice	6906
of the application to the department of taxation. Within twenty	6907
days after receiving this notification, the department of taxation	6908
shall notify the division of liquor control and the proposed	6909
transferee of the permit if the permit holder owes to this state	6910
any delinquent sales taxes or income taxes withheld from employee	6911
compensation or has failed to file any sales tax returns or	6912
employee income tax withholding returns, to the extent that such	6913
the delinquent taxes and delinquent returns are known to the	6914
department of taxation at that time. The division shall not	6915
transfer ownership of the permit until returns known to be	6916
delinquent are filed and until any suchthe tax or withholding	6917
delinquency is resolved. As used in this division, "resolved"	6918
means that the tax or withholding delinquency has been paid or an	6919
amount sufficient to satisfy the delinquency is in escrow for the	6920
benefit of the state. The department of taxation shall notify the	6921
division of the resolution. After the division has received such	6922
the notification from the department of taxation, the division may	6923
proceed to transfer ownership of the permit. Nothing in this	6924
division shall be construed to affect or limit the	6925
responsibilities or liabilities of the transferor or the	6926
transferee imposed by Chapter 5739. or 5747. of the Revised Code.	6927

(2) Notwithstanding section 5703.21 of the Revised Code,	6928
nothing prohibits the department of taxation from disclosing to	6929
the division or to the proposed transferee or the proposed	6930
transferee's designated agent any information pursuant to division	6931
(B)(1) of this section.	6932

(C) No F or F-2 permit shall be issued for an event until the	6933
applicant has, by means of a form that the division shall provide	6934
to the applicant, notified the chief peace officer of the	6935
political subdivision in which the event will be conducted of the	6936
date, time, place, and duration of the event.	6937

(D) The division of liquor control shall notify an applicant	6938
for a permit authorized by sections 4303.02 to 4303.23 of the	6939
Revised Code of an action pending or judgment entered against a	6940
liquor permit premises, of which the division has knowledge,	6941
pursuant to section 3767.03 or 3767.05 of the Revised Code if the	6942
applicant is applying for a permit at the location of the premises	6943
that is the subject of the action under section 3767.03 or	6944
judgment under section 3767.05 of the Revised Code.	6945

Sec. 4928.20.  (A) The legislative authority of a municipal	6946
corporation may adopt an ordinance, or the board of township	6947
trustees of a township or the board of county commissioners of a	6948
county may adopt a resolution, under which, on or after the	6949
starting date of competitive retail electric service, it may	6950
aggregate in accordance with this section the retail electrical	6951
loads located, respectively, within the municipal corporation,	6952
township, or unincorporated area of the county and, for that	6953
purpose, may enter into service agreements to facilitate for those	6954
loads the sale and purchase of electricity. The legislative	6955
authority or board also may exercise such authority jointly with	6956
any other such legislative authority or board. An ordinance or	6957
resolution under this division shall specify whether the	6958
aggregation will occur only with the prior consent of each person	6959
owning, occupying, controlling, or using an electric load center	6960
proposed to be aggregated or will occur automatically for all such	6961
persons pursuant to the opt-out requirements of division (D) of	6962
this section. Nothing in this division, however, authorizes the	6963
aggregation of such retail electric loads of an electric load	6964
center, as defined in section 4933.81 of the Revised Code, that is	6965
located in the certified territory of a nonprofit electric	6966
supplier under sections 4933.81 to 4933.90 of the Revised Code or	6967
an electric load center served by transmission or distribution	6968
facilities of a municipal electric utility.	6969

(B) If an ordinance or resolution adopted under division (A)	6970
of this section specifies that aggregation will occur	6971
automatically as described in that division, the ordinance or	6972
resolution shall direct the board of elections to submit the	6973
question of the authority to aggregate to the electors of the	6974
respective municipal corporation, township, or unincorporated area	6975
of a county at a special election on the day of the next primary	6976
or general election in the municipal corporation, township, or	6977
county. The legislative authority or board shall certify a copy of	6978
the ordinance or resolution to the board of elections not less	6979
than seventy-five days before the day of the special election. No	6980
ordinance or resolution adopted under division (A) of this section	6981
that provides for an election under this division shall take	6982
effect unless approved by a majority of the electors voting upon	6983
the ordinance or resolution at the election held pursuant to this	6984
division.	6985

(C) Upon the applicable requisite authority under divisions	6986
(A) and (B) of this section, the legislative authority or board	6987
shall develop a plan of operation and governance for the	6988
aggregation program so authorized. Before adopting a plan under	6989
this division, the legislative authority or board shall hold at	6990
least two public hearings on the plan. Before the first hearing,	6991
the legislative authority or board shall publish notice of the	6992
hearings once a week for two consecutive weeks in a newspaper of	6993
general circulation in the jurisdiction. The notice shall	6994
summarize the plan and state the date, time, and location of each	6995
hearing.	6996

(D) No legislative authority or board, pursuant to an	6997
ordinance or resolution under divisions (A) and (B) of this	6998
section that provides for automatic aggregation as described in	6999
division (A) of this section, shall aggregate the electrical load	7000
of any electric load center located within its jurisdiction unless	7001
it in advance clearly discloses to the person owning, occupying,	7002
controlling, or using the load center that the person will be	7003
enrolled automatically in the aggregation program and will remain	7004
so enrolled unless the person affirmatively elects by a stated	7005
procedure not to be so enrolled. The disclosure shall state	7006
prominently the rates, charges, and other terms and conditions of	7007
enrollment. The stated procedure shall allow any person enrolled	7008
in the aggregation program the opportunity to opt out of the	7009
program every two years, without paying a switching fee. Any such	7010
person that opts out of the aggregation program pursuant to the	7011
stated procedure shall default to the standard service offer	7012
provided under division (A) of section 4928.14 or division (D) of	7013
section 4928.35 of the Revised Code until the person chooses an	7014
alternative supplier.	7015

(E)(1) With respect to a governmental aggregation for a	7016
municipal corporation that is authorized pursuant to division (A)	7017
to (D) of this section, resolutions may be proposed by initiative	7018
or referendum petitions in accordance with sections 731.28 to	7019
731.41 of the Revised Code.	7020

(2) With respect to a governmental aggregation for a township	7021
or the unincorporated area of a county, which aggregation is	7022
authorized pursuant to division (A) to (D) of this section,	7023
resolutions may be proposed by initiative or referendum petitions	7024
in accordance with sections 731.28 to 731.40 of the Revised Code,	7025
except that:	7026

(a) The petitions shall be filed, respectively, with the	7027
township clerkfiscal officer or the board of county	7028
commissioners, who shall perform those duties imposed under those	7029
sections upon the city auditor or village clerk.	7030

(b) The petitions shall contain the signatures of not less	7031
than ten per cent of the total number of electors in,	7032
respectively, the township or the unincorporated area of the	7033
county who voted for the office of governor at the preceding	7034
general election for that office in that area.	7035

(F) A governmental aggregator under division (A) of this	7036
section is not a public utility engaging in the wholesale purchase	7037
and resale of electricity, and provision of the aggregated service	7038
is not a wholesale utility transaction. A governmental aggregator	7039
shall be subject to supervision and regulation by the public	7040
utilities commission only to the extent of any competitive retail	7041
electric service it provides and commission authority under this	7042
chapter.	7043

(G) This section does not apply in the case of a municipal	7044
corporation that supplies such aggregated service to electric load	7045
centers to which its municipal electric utility also supplies a	7046
noncompetitive retail electric service through transmission or	7047
distribution facilities the utility singly or jointly owns or	7048
operates.	7049

Sec. 4929.26.  (A)(1) The legislative authority of a	7050
municipal corporation may adopt an ordinance, or the board of	7051
township trustees of a township or the board of county	7052
commissioners of a county may adopt a resolution, under which, in	7053
accordance with this section and except as otherwise provided in	7054
division (A)(2) of this section, the legislative authority or	7055
board may aggregate automatically, subject to the opt-out	7056
requirements of division (D) of this section, competitive retail	7057
natural gas service for the retail natural gas loads that are	7058
located, respectively, within the municipal corporation, township,	7059
or unincorporated area of the county and for which there is a	7060
choice of supplier of that service as a result of revised	7061
schedules approved under division (C) of section 4929.29 of the	7062
Revised Code, a rule or order adopted or issued by the commission	7063
under Chapter 4905. of the Revised Code, or an exemption granted	7064
by the commission under sections 4929.04 to 4929.08 of the Revised	7065
Code. An ordinance or a resolution adopted under this section	7066
shall expressly state that it is adopted pursuant to the authority	7067
conferred by this section. The legislative authority or board also	7068
may exercise its authority under this section jointly with any	7069
other such legislative authority or board. For the purpose of the	7070
aggregation, the legislative authority or board may enter into	7071
service agreements to facilitate the sale and purchase of the	7072
service for the retail natural gas loads.	7073

(2)(a) No aggregation under an ordinance or resolution	7074
adopted under division (A)(1) of this section shall include the	7075
retail natural gas load of any person that meets any of the	7076
following criteria:	7077

(i) The person is both a distribution service customer and a	7078
mercantile customer on the date of commencement of service to the	7079
aggregated load, or the person becomes a distribution service	7080
customer after that date and also is a mercantile customer.	7081

(ii) The person is supplied with commodity sales service	7082
pursuant to a contract with a retail natural gas supplier that is	7083
in effect on the effective date of the ordinance or resolution.	7084

(iii) The person is supplied with commodity sales service as	7085
part of a retail natural gas load aggregation provided for	7086
pursuant to a rule or order adopted or issued by the commission	7087
under this chapter or Chapter 4905. of the Revised Code.	7088

(b) Nothing in division (A)(2)(a) of this section precludes a	7089
governmental aggregation under this section from permitting the	7090
retail natural gas load of a person described in division	7091
(A)(2)(a) of this section from being included in the aggregation	7092
upon the expiration of any contract or aggregation as described in	7093
division (A)(2)(a)(ii) or (iii) of this section or upon the person	7094
no longer being a customer as described in division (A)(2)(a)(i)	7095
of this section or qualifying to be included in an aggregation	7096
described under division (A)(2)(a)(iii) of this section.	7097

(B) An ordinance or resolution adopted under division (A) of	7098
this section shall direct the board of elections to submit the	7099
question of the authority to aggregate to the electors of the	7100
respective municipal corporation, township, or unincorporated area	7101
of a county at a special election on the day of the next primary	7102
or general election in the municipal corporation, township, or	7103
county. The legislative authority or board shall certify a copy of	7104
the ordinance or resolution to the board of elections not less	7105
than seventy-five days before the day of the special election. No	7106
ordinance or resolution adopted under division (A) of this section	7107
that provides for an election under this division shall take	7108
effect unless approved by a majority of the electors voting upon	7109
the ordinance or resolution at the election held pursuant to this	7110
division.	7111

(C) Upon the applicable requisite authority under divisions	7112
(A) and (B) of this section, the legislative authority or board	7113
shall develop a plan of operation and governance for the	7114
aggregation program so authorized. Before adopting a plan under	7115
this division, the legislative authority or board shall hold at	7116
least two public hearings on the plan. Before the first hearing,	7117
the legislative authority or board shall publish notice of the	7118
hearings once a week for two consecutive weeks in a newspaper of	7119
general circulation in the jurisdiction. The notice shall	7120
summarize the plan and state the date, time, and location of each	7121
hearing.	7122

(D) No legislative authority or board, pursuant to an	7123
ordinance or resolution under divisions (A) and (B) of this	7124
section, shall aggregate any retail natural gas load located	7125
within its jurisdiction unless it in advance clearly discloses to	7126
the person whose retail natural gas load is to be so aggregated	7127
that the person will be enrolled automatically in the aggregation	7128
and will remain so enrolled unless the person affirmatively elects	7129
by a stated procedure not to be so enrolled. The disclosure shall	7130
state prominently the rates, charges, and other terms and	7131
conditions of enrollment. The stated procedure shall allow any	7132
person enrolled in the aggregation the opportunity to opt out of	7133
the aggregation every two years, without paying a switching fee.	7134
Any such person that opts out of the aggregation pursuant to the	7135
stated procedure shall default to the natural gas company	7136
providing distribution service for the person's retail natural gas	7137
load, until the person chooses an alternative supplier.	7138

(E)(1) With respect to a governmental aggregation for a	7139
municipal corporation that is authorized pursuant to divisions (A)	7140
to (D) of this section, resolutions may be proposed by initiative	7141
or referendum petitions in accordance with sections 731.28 to	7142
731.41 of the Revised Code.	7143

(2) With respect to a governmental aggregation for a township	7144
or the unincorporated area of a county, which aggregation is	7145
authorized pursuant to divisions (A) to (D) of this section,	7146
resolutions may be proposed by initiative or referendum petitions	7147
in accordance with sections 731.28 to 731.40 of the Revised Code,	7148
except that:	7149

(a) The petitions shall be filed, respectively, with the	7150
township clerkfiscal officer or the board of county	7151
commissioners, who shall perform those duties imposed under those	7152
sections upon the city auditor or village clerk.	7153

(b) The petitions shall contain the signatures of not less	7154
than ten per cent of the total number of electors in the township	7155
or the unincorporated area of the county, respectively, who voted	7156
for the office of governor at the preceding general election for	7157
that office in that area.	7158

(F) A governmental aggregator under division (A) of this	7159
section is not a public utility engaging in the wholesale purchase	7160
and resale of natural gas, and provision of the aggregated service	7161
is not a wholesale utility transaction. A governmental aggregator	7162
shall be subject to supervision and regulation by the public	7163
utilities commission only to the extent of any competitive retail	7164
natural gas service it provides and commission authority under	7165
this chapter.	7166

Sec. 4929.27.  (A)(1) The legislative authority of a	7167
municipal corporation may adopt an ordinance, or the board of	7168
township trustees of a township or the board of county	7169
commissioners of a county may adopt a resolution, under which, in	7170
accordance with this section and except as otherwise provided in	7171
division (A)(2) of this section, the legislative authority or	7172
board may aggregate, with the prior consent of each person whose	7173
retail natural gas load is proposed to be aggregated, competitive	7174
retail natural gas service for any such retail natural gas load	7175
that is located, respectively, within the municipal corporation,	7176
township, or unincorporated area of the county and for which there	7177
is a choice of supplier of that service as a result of revised	7178
schedules approved under division (C) of section 4929.29 of the	7179
Revised Code, a rule or order adopted or issued by the commission	7180
under Chapter 4905. of the Revised Code, or an exemption granted	7181
by the commission under sections 4929.04 to 4929.08 of the Revised	7182
Code. An ordinance or a resolution adopted under this section	7183
shall expressly state that it is adopted pursuant to the authority	7184
conferred by this section. The legislative authority or board also	7185
may exercise such authority jointly with any other such	7186
legislative authority or board. For the purpose of the	7187
aggregation, the legislative authority or board may enter into	7188
service agreements to facilitate the sale and purchase of the	7189
service for the retail natural gas loads.	7190

(2)(a) No aggregation under an ordinance or resolution	7191
adopted under division (A)(1) of this section shall include the	7192
retail natural gas load of any person that meets either of the	7193
following criteria:	7194

(i) The person is supplied with commodity sales service	7195
pursuant to a contract with a retail natural gas supplier that is	7196
in effect on the effective date of the ordinance or resolution.	7197

(ii) The person is supplied with commodity sales service as	7198
part of a retail natural gas load aggregation provided for	7199
pursuant to a rule or order adopted or issued by the commission	7200
under this chapter or Chapter 4905. of the Revised Code.	7201

(b) Nothing in division (A)(2)(a) of this section precludes a	7202
governmental aggregation under this section from permitting the	7203
retail natural gas load of a person described in division	7204
(A)(2)(a) of this section from being included in the aggregation	7205
upon the expiration of any contract or aggregation as described in	7206
division (A)(2)(a)(i) or (ii) of this section or upon the person	7207
no longer qualifying to be included in such an aggregation.	7208

(B) Upon the applicable requisite authority under division	7209
(A) of this section, the legislative authority or board shall	7210
develop a plan of operation and governance for the aggregation	7211
program so authorized. Before adopting a plan under this division,	7212
the legislative authority or board shall hold at least two public	7213
hearings on the plan. Before the first hearing, the legislative	7214
authority or board shall publish notice of the hearings once a	7215
week for two consecutive weeks in a newspaper of general	7216
circulation in the jurisdiction. The notice shall summarize the	7217
plan and state the date, time, and location of each hearing.	7218

(C)(1) With respect to a governmental aggregation for a	7219
municipal corporation that is authorized pursuant to division (A)	7220
of this section, resolutions may be proposed by initiative or	7221
referendum petitions in accordance with sections 731.28 to 731.41	7222
of the Revised Code.	7223

(2) With respect to a governmental aggregation for a township	7224
or the unincorporated area of a county, which aggregation is	7225
authorized pursuant to division (A) of this section, resolutions	7226
may be proposed by initiative or referendum petitions in	7227
accordance with sections 731.28 to 731.40 of the Revised Code,	7228
except that:	7229

(a) The petitions shall be filed, respectively, with the	7230
township clerkfiscal officer or the board of county	7231
commissioners, who shall perform those duties imposed under those	7232
sections upon the city auditor or village clerk.	7233

(b) The petitions shall contain the signatures of not less	7234
than ten per cent of the total number of electors in the township	7235
or the unincorporated area of the county, respectively, who voted	7236
for the office of governor at the preceding general election for	7237
that office in that area.	7238

(D) A governmental aggregator under division (A) of this	7239
section is not a public utility engaging in the wholesale purchase	7240
and resale of natural gas, and provision of the aggregated service	7241
is not a wholesale utility transaction. A governmental aggregator	7242
shall be subject to supervision and regulation by the public	7243
utilities commission only to the extent of any competitive retail	7244
natural gas service it provides and commission authority under	7245
this chapter.	7246

Sec. 5123.19.  (A) As used in this section and in sections	7247
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	7248
Code:	7249

(1)(a) "Residential facility" means a home or facility in	7250
which a mentally retarded or developmentally disabled person	7251
resides, except the home of a relative or legal guardian in which	7252
a mentally retarded or developmentally disabled person resides, a	7253
respite care home certified under section 5126.05 of the Revised	7254
Code, a county home or district home operated pursuant to Chapter	7255
5155. of the Revised Code, or a dwelling in which the only	7256
mentally retarded or developmentally disabled residents are in an	7257
independent living arrangement or are being provided supported	7258
living.	7259

(b) "Intermediate care facility for the mentally retarded"	7260
means a residential facility that is considered an intermediate	7261
care facility for the mentally retarded for the purposes of	7262
Chapter 5111. of the Revised Code.	7263

(2) "Political subdivision" means a municipal corporation,	7264
county, or township.	7265

(3) "Independent living arrangement" means an arrangement in	7266
which a mentally retarded or developmentally disabled person	7267
resides in an individualized setting chosen by the person or the	7268
person's guardian, which is not dedicated principally to the	7269
provision of residential services for mentally retarded or	7270
developmentally disabled persons, and for which no financial	7271
support is received for rendering such service from any	7272
governmental agency by a provider of residential services.	7273

(4) "Supported living" has the same meaning as in section	7274
5126.01 of the Revised Code.	7275

(5) "Licensee" means the person or government agency that has	7276
applied for a license to operate a residential facility and to	7277
which the license was issued under this section.	7278

(B) Every person or government agency desiring to operate a	7279
residential facility shall apply for licensure of the facility to	7280
the director of mental retardation and developmental disabilities	7281
unless the residential facility is subject to section 3721.02,	7282
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	7283
Chapter 3721. of the Revised Code, a nursing home that is	7284
certified as an intermediate care facility for the mentally	7285
retarded under Title XIX of the "Social Security Act," 79 Stat.	7286
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	7287
licensure of the portion of the home that is certified as an	7288
intermediate care facility for the mentally retarded.	7289

(C) Subject to section 5123.196 of the Revised Code, the	7290
director of mental retardation and developmental disabilities	7291
shall license the operation of residential facilities. An initial	7292
license shall be issued for a period that does not exceed one	7293
year, unless the director denies the license under division (D) of	7294
this section. A license shall be renewed for a period that does	7295
not exceed three years, unless the director refuses to renew the	7296
license under division (D) of this section. The director, when	7297
issuing or renewing a license, shall specify the period for which	7298
the license is being issued or renewed. A license remains valid	7299
for the length of the licensing period specified by the director,	7300
unless the license is terminated, revoked, or voluntarily	7301
surrendered.	7302

(D) If it is determined that an applicant or licensee is not	7303
in compliance with a provision of this chapter that applies to	7304
residential facilities or the rules adopted under such a	7305
provision, the director may deny issuance of a license, refuse to	7306
renew a license, terminate a license, revoke a license, issue an	7307
order for the suspension of admissions to a facility, issue an	7308
order for the placement of a monitor at a facility, issue an order	7309
for the immediate removal of residents, or take any other action	7310
the director considers necessary consistent with the director's	7311
authority under this chapter regarding residential facilities. In	7312
the director's selection and administration of the sanction to be	7313
imposed, all of the following apply:	7314

(1) The director may deny, refuse to renew, or revoke a	7315
license, if the director determines that the applicant or licensee	7316
has demonstrated a pattern of serious noncompliance or that a	7317
violation creates a substantial risk to the health and safety of	7318
residents of a residential facility.	7319

(2) The director may terminate a license if more than twelve	7320
consecutive months have elapsed since the residential facility was	7321
last occupied by a resident or a notice required by division (J)	7322
of this section is not given.	7323

(3) The director may issue an order for the suspension of	7324
admissions to a facility for any violation that may result in	7325
sanctions under division (D)(1) of this section and for any other	7326
violation specified in rules adopted under division (G)(2) of this	7327
section. If the suspension of admissions is imposed for a	7328
violation that may result in sanctions under division (D)(1) of	7329
this section, the director may impose the suspension before	7330
providing an opportunity for an adjudication under Chapter 119. of	7331
the Revised Code. The director shall lift an order for the	7332
suspension of admissions when the director determines that the	7333
violation that formed the basis for the order has been corrected.	7334

(4) The director may order the placement of a monitor at a	7335
residential facility for any violation specified in rules adopted	7336
under division (G)(2) of this section. The director shall lift the	7337
order when the director determines that the violation that formed	7338
the basis for the order has been corrected.	7339

(5) If the director determines that two or more residential	7340
facilities owned or operated by the same person or government	7341
entity are not being operated in compliance with a provision of	7342
this chapter that applies to residential facilities or the rules	7343
adopted under such a provision, and the director's findings are	7344
based on the same or a substantially similar action, practice,	7345
circumstance, or incident that creates a substantial risk to the	7346
health and safety of the residents, the director shall conduct a	7347
survey as soon as practicable at each residential facility owned	7348
or operated by that person or government entity. The director may	7349
take any action authorized by this section with respect to any	7350
facility found to be operating in violation of a provision of this	7351
chapter that applies to residential facilities or the rules	7352
adopted under such a provision.	7353

(6) When the director initiates license revocation	7354
proceedings, no opportunity for submitting a plan of correction	7355
shall be given. The director shall notify the licensee by letter	7356
of the initiation of suchthe proceedings. The letter shall list	7357
the deficiencies of the residential facility and inform the	7358
licensee that no plan of correction will be accepted. The director	7359
shall also notify each affected resident, the resident's guardian	7360
if the resident is an adult for whom a guardian has been	7361
appointed, the resident's parent or guardian if the resident is a	7362
minor, and the county board of mental retardation and	7363
developmental disabilities.	7364

(7) Pursuant to rules which shall be adopted in accordance	7365
with Chapter 119. of the Revised Code, the director may order the	7366
immediate removal of residents from a residential facility	7367
whenever conditions at the facility present an immediate danger of	7368
physical or psychological harm to the residents.	7369

(8) In determining whether a residential facility is being	7370
operated in compliance with a provision of this chapter that	7371
applies to residential facilities or the rules adopted under such	7372
a provision, or whether conditions at a residential facility	7373
present an immediate danger of physical or psychological harm to	7374
the residents, the director may rely on information obtained by a	7375
county board of mental retardation and developmental disabilities	7376
or other governmental agencies.	7377

(9) In proceedings initiated to deny, refuse to renew, or	7378
revoke licenses, the director may deny, refuse to renew, or revoke	7379
a license regardless of whether some or all of the deficiencies	7380
that prompted the proceedings have been corrected at the time of	7381
the hearing.	7382

(E) The director shall establish a program under which public	7383
notification may be made when the director has initiated license	7384
revocation proceedings or has issued an order for the suspension	7385
of admissions, placement of a monitor, or removal of residents.	7386
The director shall adopt rules in accordance with Chapter 119. of	7387
the Revised Code to implement this division. The rules shall	7388
establish the procedures by which the public notification will be	7389
made and specify the circumstances for which the notification must	7390
be made. The rules shall require that public notification be made	7391
if the director has taken action against the facility in the	7392
eighteen-month period immediately preceding the director's latest	7393
action against the facility and the latest action is being taken	7394
for the same or a substantially similar violation of a provision	7395
of this chapter that applies to residential facilities or the	7396
rules adopted under such a provision. The rules shall specify a	7397
method for removing or amending the public notification if the	7398
director's action is found to have been unjustified or the	7399
violation at the residential facility has been corrected.	7400

(F)(1) Except as provided in division (F)(2) of this section,	7401
appeals from proceedings initiated to impose a sanction under	7402
division (D) of this section shall be conducted in accordance with	7403
Chapter 119. of the Revised Code.	7404

(2) Appeals from proceedings initiated to order the	7405
suspension of admissions to a facility shall be conducted in	7406
accordance with Chapter 119. of the Revised Code, unless the order	7407
was issued before providing an opportunity for an adjudication, in	7408
which case all of the following apply:	7409

(a) The licensee may request a hearing not later than ten	7410
days after receiving the notice specified in section 119.07 of the	7411
Revised Code.	7412

(b) If a timely request for a hearing is made, the hearing	7413
shall commence not later than thirty days after the department	7414
receives the request.	7415

(c) After commencing, the hearing shall continue	7416
uninterrupted, except for Saturdays, Sundays, and legal holidays,	7417
unless other interruptions are agreed to by the licensee and the	7418
director.	7419

(d) If the hearing is conducted by a hearing examiner, the	7420
hearing examiner shall file a report and recommendations not later	7421
than ten days after the close of the hearing.	7422

(e) Not later than five days after the hearing examiner files	7423
the report and recommendations, the licensee may file objections	7424
to the report and recommendations.	7425

(f) Not later than fifteen days after the hearing examiner	7426
files the report and recommendations, the director shall issue an	7427
order approving, modifying, or disapproving the report and	7428
recommendations.	7429

(g) Notwithstanding the pendency of the hearing, the director	7430
shall lift the order for the suspension of admissions when the	7431
director determines that the violation that formed the basis for	7432
the order has been corrected.	7433

(G) In accordance with Chapter 119. of the Revised Code, the	7434
director shall adopt and may amend and rescind rules for licensing	7435
and regulating the operation of residential facilities, including	7436
intermediate care facilities for the mentally retarded. The rules	7437
for intermediate care facilities for the mentally retarded may	7438
differ from those for other residential facilities. The rules	7439
shall establish and specify the following:	7440

(1) Procedures and criteria for issuing and renewing	7441
licenses, including procedures and criteria for determining the	7442
length of the licensing period that the director must specify for	7443
each license when it is issued or renewed;	7444

(2) Procedures and criteria for denying, refusing to renew,	7445
terminating, and revoking licenses and for ordering the suspension	7446
of admissions to a facility, placement of a monitor at a facility,	7447
and the immediate removal of residents from a facility;	7448

(3) Fees for issuing and renewing licenses;

7449

(4) Procedures for surveying residential facilities;

7450

(5) Requirements for the training of residential facility	7451
personnel;	7452

(6) Classifications for the various types of residential	7453
facilities;	7454

(7) Certification procedures for licensees and management	7455
contractors that the director determines are necessary to ensure	7456
that they have the skills and qualifications to properly operate	7457
or manage residential facilities;	7458

(8) The maximum number of persons who may be served in a	7459
particular type of residential facility;	7460

(9) Uniform procedures for admission of persons to and	7461
transfers and discharges of persons from residential facilities;	7462

(10) Other standards for the operation of residential	7463
facilities and the services provided at residential facilities;	7464

(11) Procedures for waiving any provision of any rule adopted	7465
under this section.	7466

(H) Before issuing a license, the director of the department	7467
or the director's designee shall conduct a survey of the	7468
residential facility for which application is made. The director	7469
or the director's designee shall conduct a survey of each licensed	7470
residential facility at least once during the period the license	7471
is valid and may conduct additional inspections as needed. A	7472
survey includes but is not limited to an on-site examination and	7473
evaluation of the residential facility, its personnel, and the	7474
services provided there.	7475

In conducting surveys, the director or the director's	7476
designee shall be given access to the residential facility; all	7477
records, accounts, and any other documents related to the	7478
operation of the facility; the licensee; the residents of the	7479
facility; and all persons acting on behalf of, under the control	7480
of, or in connection with the licensee. The licensee and all	7481
persons on behalf of, under the control of, or in connection with	7482
the licensee shall cooperate with the director or the director's	7483
designee in conducting the survey.	7484

Following each survey, unless the director initiates a	7485
license revocation proceeding, the director or the director's	7486
designee shall provide the licensee with a report listing any	7487
deficiencies, specifying a timetable within which the licensee	7488
shall submit a plan of correction describing how the deficiencies	7489
will be corrected, and, when appropriate, specifying a timetable	7490
within which the licensee must correct the deficiencies. After a	7491
plan of correction is submitted, the director or the director's	7492
designee shall approve or disapprove the plan. A copy of the	7493
report and any approved plan of correction shall be provided to	7494
any person who requests it.	7495

The director shall initiate disciplinary action against any	7496
department employee who notifies or causes the notification to any	7497
unauthorized person of an unannounced survey of a residential	7498
facility by an authorized representative of the department.	7499

(I) In addition to any other information which may be	7500
required of applicants for a license pursuant to this section, the	7501
director shall require each applicant to provide a copy of an	7502
approved plan for a proposed residential facility pursuant to	7503
section 5123.042 of the Revised Code. This division does not apply	7504
to renewal of a license.	7505

(J) A licensee shall notify the owner of the building in	7506
which the licensee's residential facility is located of any	7507
significant change in the identity of the licensee or management	7508
contractor before the effective date of the change if the licensee	7509
is not the owner of the building.	7510

Pursuant to rules which shall be adopted in accordance with	7511
Chapter 119. of the Revised Code, the director may require	7512
notification to the department of any significant change in the	7513
ownership of a residential facility or in the identity of the	7514
licensee or management contractor. If the director determines that	7515
a significant change of ownership is proposed, the director shall	7516
consider the proposed change to be an application for development	7517
by a new operator pursuant to section 5123.042 of the Revised Code	7518
and shall advise the applicant within sixty days of suchthe	7519
notification that the current license shall continue in effect or	7520
a new license will be required pursuant to this section. If the	7521
director requires a new license, the director shall permit the	7522
facility to continue to operate under the current license until	7523
the new license is issued, unless the current license is revoked,	7524
refused to be renewed, or terminated in accordance with Chapter	7525
119. of the Revised Code.	7526

(K) A county board of mental retardation and developmental	7527
disabilities, the legal rights service, and any interested person	7528
may file complaints alleging violations of statute or department	7529
rule relating to residential facilities with the department. All	7530
complaints shall be in writing and shall state the facts	7531
constituting the basis of the allegation. The department shall not	7532
reveal the source of any complaint unless the complainant agrees	7533
in writing to waive the right to confidentiality or until so	7534
ordered by a court of competent jurisdiction.	7535

The department shall adopt rules in accordance with Chapter	7536
119. of the Revised Code establishing procedures for the receipt,	7537
referral, investigation, and disposition of complaints filed with	7538
the department under this division.	7539

(L) The department shall establish procedures for the	7540
notification of interested parties of the transfer or interim care	7541
of residents from residential facilities that are closing or are	7542
losing their license.	7543

(M) Before issuing a license under this section to a	7544
residential facility that will accommodate at any time more than	7545
one mentally retarded or developmentally disabled individual, the	7546
director shall, by first class mail, notify the following:	7547

(1) If the facility will be located in a municipal	7548
corporation, the clerk of the legislative authority of the	7549
municipal corporation;	7550

(2) If the facility will be located in unincorporated	7551
territory, the clerk of the appropriate board of county	7552
commissioners and the clerkfiscal officer of the appropriate	7553
board of township trustees.	7554

The director shall not issue the license for ten days after	7555
mailing the notice, excluding Saturdays, Sundays, and legal	7556
holidays, in order to give the notified local officials time in	7557
which to comment on the proposed issuance.	7558

Any legislative authority of a municipal corporation, board	7559
of county commissioners, or board of township trustees that	7560
receives notice under this division of the proposed issuance of a	7561
license for a residential facility may comment on it in writing to	7562
the director within ten days after the director mailed the notice,	7563
excluding Saturdays, Sundays, and legal holidays. If the director	7564
receives written comments from any notified officials within the	7565
specified time, the director shall make written findings	7566
concerning the comments and the director's decision on the	7567
issuance of the license. If the director does not receive written	7568
comments from any notified local officials within the specified	7569
time, the director shall continue the process for issuance of the	7570
license.	7571

(N) Any person may operate a licensed residential facility	7572
that provides room and board, personal care, habilitation	7573
services, and supervision in a family setting for at least six but	7574
not more than eight persons with mental retardation or a	7575
developmental disability as a permitted use in any residential	7576
district or zone, including any single-family residential district	7577
or zone, of any political subdivision. These residential	7578
facilities may be required to comply with area, height, yard, and	7579
architectural compatibility requirements that are uniformly	7580
imposed upon all single-family residences within the district or	7581
zone.	7582

(O) Any person may operate a licensed residential facility	7583
that provides room and board, personal care, habilitation	7584
services, and supervision in a family setting for at least nine	7585
but not more than sixteen persons with mental retardation or a	7586
developmental disability as a permitted use in any multiple-family	7587
residential district or zone of any political subdivision, except	7588
that a political subdivision that has enacted a zoning ordinance	7589
or resolution establishing planned unit development districts may	7590
exclude these residential facilities from suchthose districts,	7591
and a political subdivision that has enacted a zoning ordinance or	7592
resolution may regulate these residential facilities in	7593
multiple-family residential districts or zones as a conditionally	7594
permitted use or special exception, in either case, under	7595
reasonable and specific standards and conditions set out in the	7596
zoning ordinance or resolution to:	7597

(1) Require the architectural design and site layout of the	7598
residential facility and the location, nature, and height of any	7599
walls, screens, and fences to be compatible with adjoining land	7600
uses and the residential character of the neighborhood;	7601

(2) Require compliance with yard, parking, and sign	7602
regulation;	7603

(3) Limit excessive concentration of these residential	7604
facilities.	7605

(P) This section does not prohibit a political subdivision	7606
from applying to residential facilities nondiscriminatory	7607
regulations requiring compliance with health, fire, and safety	7608
regulations and building standards and regulations.	7609

(Q) Divisions (N) and (O) of this section are not applicable	7610
to municipal corporations that had in effect on June 15, 1977, an	7611
ordinance specifically permitting in residential zones licensed	7612
residential facilities by means of permitted uses, conditional	7613
uses, or special exception, so long as such ordinance remains in	7614
effect without any substantive modification.	7615

(R)(1) The director may issue an interim license to operate a	7616
residential facility to an applicant for a license under this	7617
section if either of the following is the case:	7618

(a) The director determines that an emergency exists	7619
requiring immediate placement of persons in a residential	7620
facility, that insufficient licensed beds are available, and that	7621
the residential facility is likely to receive a permanent license	7622
under this section within thirty days after issuance of the	7623
interim license.	7624

(b) The director determines that the issuance of an interim	7625
license is necessary to meet a temporary need for a residential	7626
facility.	7627

(2) To be eligible to receive an interim license, an	7628
applicant must meet the same criteria that must be met to receive	7629
a permanent license under this section, except for any differing	7630
procedures and time frames that may apply to issuance of a	7631
permanent license.	7632

(3) An interim license shall be valid for thirty days and may	7633
be renewed by the director for a period not to exceed one hundred	7634
fifty days.	7635

(4) The director shall adopt rules in accordance with Chapter	7636
119. of the Revised Code as the director considers necessary to	7637
administer the issuance of interim licenses.	7638

(S) Notwithstanding rules adopted pursuant to this section	7639
establishing the maximum number of persons who may be served in a	7640
particular type of residential facility, a residential facility	7641
shall be permitted to serve the same number of persons being	7642
served by the facility on the effective date of suchthe rules or	7643
the number of persons for which the facility is authorized	7644
pursuant to a current application for a certificate of need with a	7645
letter of support from the department of mental retardation and	7646
developmental disabilities and which is in the review process	7647
prior to April 4, 1986.	7648

(T) The director or the director's designee may enter at any	7649
time, for purposes of investigation, any home, facility, or other	7650
structure that has been reported to the director or that the	7651
director has reasonable cause to believe is being operated as a	7652
residential facility without a license issued under this section.	7653

The director may petition the court of common pleas of the	7654
county in which an unlicensed residential facility is located for	7655
an order enjoining the person or governmental agency operating the	7656
facility from continuing to operate without a license. The court	7657
may grant the injunction on a showing that the person or	7658
governmental agency named in the petition is operating a	7659
residential facility without a license. The court may grant the	7660
injunction, regardless of whether the residential facility meets	7661
the requirements for receiving a license under this section.	7662

Sec. 5126.021.  As used in this section, "immediate family"	7663
means parents, brothers, sisters, spouses, sons, daughters,	7664
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law,	7665
sons-in-law, and daughters-in-law.	7666

(A) The following individuals shall not serve as members of	7667
county boards of mental retardation and developmental	7668
disabilities:	7669

(1) Elected public officials, except for township trustees,	7670
township clerksfiscal officers, and those excluded from the	7671
definition of public official or employee in division (B) of	7672
section 102.01 of the Revised Code;	7673

(2) Members of the immediate family of another board member;

7674

(3) Board employees and members of the immediate family of	7675
board employees;	7676

(4) Former board employees within one calendar year of the	7677
termination of employment with the board on which the former	7678
employee would serve.	7679

(B) A person may not serve as a member of a county board of	7680
mental retardation and developmental disabilities when either the	7681
person or a member of the person's immediate family is a board	7682
member of a contract agency of that county board unless there is	7683
no conflict of interest. In no circumstance shall a member of a	7684
county board vote on any matter before the board concerning a	7685
contract agency of which the member or a member of the member's	7686
immediate family is also a board member or an employee. All	7687
questions relating to the existence of a conflict of interest	7688
shall be submitted to the local prosecuting attorney and the Ohio	7689
ethics commission for resolution.	7690

(C) No employee of an agency contracting with a county board	7691
of mental retardation and developmental disabilities or member of	7692
the immediate family of such an employee shall serve as a board	7693
member or an employee of the county board except that a county	7694
board may, pursuant to a resolution adopted by the board, employ a	7695
member of the immediate family of an employee of an agency	7696
contracting with the board.	7697

(D) No person shall serve as a member or employee of a county	7698
board of mental retardation and developmental disabilities if a	7699
member of the person's immediate family serves as a county	7700
commissioner of the county served by the board unless the person	7701
was a member or employee prior to October 31, 1980.	7702

(E) A county board of mental retardation and developmental	7703
disabilities shall not contract with an agency whose board	7704
includes a county commissioner of the county served by the county	7705
board.	7706

(F) Notwithstanding any provision of the Revised Code to the	7707
contrary, including applicable provisions of sections 102.03,	7708
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	7709
county board of mental retardation and developmental disabilities	7710
also may be a member of the governing board of an agency or a	7711
political subdivision, including the board of education of a	7712
school district. The county board of mental retardation and	7713
developmental disabilities may contract with the governing board	7714
of an agency or political subdivision whose member is also an	7715
employee of the county board, provided that in no circumstances	7716
shall such employee of the county board vote on any matter before	7717
the governing board of the agency or political subdivision	7718
concerning a county board contract or participate in any	7719
discussion or debate regarding that contract.	7720

Sec. 5541.02.  The board of county commissioners shall	7721
determine, from the statistics and information furnished by the	7722
several boards of township trustees within suchthe county, the	7723
relative importance and value for traffic of the various public	7724
highways of the entire county. SuchThe board of county	7725
commissioners shall begin work as soon as the necessary	7726
information is furnished by the several boards of township	7727
trustees within the county, and, after a careful review and	7728
consideration of the information furnished, shall select and	7729
designate a connected system of county highways, of suchthe	7730
mileage as it deems proper and expedient, connecting with the	7731
intercounty and state highways of suchthe county all of the	7732
villages and centers of rural population within the county. Such	7733
The system of highways, when selected and designated by the board	7734
of county commissioners, shall be known as the system of county	7735
highways of the county, and all of the roads composing suchthe	7736
system shall be known and designated as county roads. The board of	7737
county commissioners may call to its assistance the county	7738
engineer, and may require himthe county engineer to report as to	7739
the relative importance of the highways of any township, with	7740
respect to which the board of township trustees fails to report	7741
within a reasonable time. Upon the completion of its investigation	7742
and the designation of a system of county highways, the board of	7743
county commissioners shall require the engineer to make a map	7744
thereofof it. A copy of this map, with the mileage of the	7745
selected roads indicated thereonon it, together with a brief	7746
statement by the board of county commissioners of its reasons for	7747
the selection made, shall be transmitted to the director of	7748
transportation.	7749

If the director finds that the system has been designated in	7750
substantial compliance with this section and section 5541.03	7751
5541.01 of the Revised Code, and that all portions of the system	7752
of county highways connect with either a state or intercounty	7753
highway, or another county road, hethe director shall, within	7754
sixty days, approve suchthe system and certify histhe approval	7755
to the board of county commissioners, which shall cause a copy of	7756
suchthe map, approved by it, to be made a part of its records and	7757
shall cause a copy thereofof it to be filed in the office of the	7758
county engineer and of the clerkfiscal officer of each township	7759
within the county. The system of roads designated upon suchthe	7760
map shall then become the system of county roads of the county.	7761
Each road constituting a part of suchthe system shall be given a	7762
number by the board of county commissioners, which may also divide	7763
the roads into convenient sections and assign appropriate	7764
designations to each section. No state or intercounty highway or	7765
part thereofof it shall be included in the system of county	7766
highways. The board of county commissioners may make changes in or	7767
additions to the county system as in the manner provided by this	7768
section. All expenses incurred in carrying out this section shall	7769
be paid from the general county road fund.	7770

Sec. 5543.05.  The county auditor shall, before he draws his	7771
drawing a warrant for any moneys expended by the county on any	7772
highways, other than intercounty or state highways, or on any	7773
bridges or culverts on suchthe highways, require of the county	7774
engineer the assignment of suchthe expense to the roadhighway	7775
and section thereofof it, bridge, or culvert in connection with	7776
which suchthe expense was incurred. The auditor shall keep such	7777
records as are necessary to show clearly at the close of each year	7778
the amount of money expended from the county treasury on each	7779
section of roadhighway, other than intercounty or state highways,	7780
and on each bridge and culvert on such roadsthe highways.	7781

The township clerkfiscal officer shall, before he draws	7782
drawing any warrant for money expended upon any road within the	7783
township, other than an intercounty or state highway, or on	7784
bridges or culverts on suchthe roads, require of the county	7785
engineer or board of township trustees the assignment of suchthe	7786
expense to the road and section of it, bridge, or culvert in	7787
connection with which the expense was incurred. The clerkfiscal	7788
officer may keep such additional records as are necessary to show	7789
clearly at the close of each year the amount of money expended	7790
from the township funds on each section of road, other than	7791
intercounty or state highways, within the township, and on each	7792
bridge and culvert on suchthe roads. The board of township	7793
trustees may require the clerkfiscal officer to keep suchthose	7794
additional records.	7795

When general equipment or material for use in the entire	7796
county or township is purchased, the expense thereofof the	7797
equipment or material need not be assigned to any section of road	7798
or to any bridge or culvert, but, so farinsofar as practicable,	7799
all items of expense shall be assigned to the specific section of	7800
road or to the particular bridge or culvert in connection with	7801
which they were incurred.	7802

The director of transportation may prescribe all necessary	7803
and proper forms for maps and reports to be maintained by	7804
engineers, boards, auditors, and clerksfiscal officers. All	7805
auditors and clerksfiscal officers may be required by the	7806
director to transmit to himthe director, in suchthe form as he	7807
the director prescribes, the cost records they are required by law	7808
to keep pertaining to roads, bridges, and culverts within their	7809
counties or townships.	7810

Sec. 5552.10.  The board of county commissioners shall	7811
designate the county engineer to administer county access	7812
management regulations, except that if the engineer declines to	7813
administer the regulations, the board may designate another	7814
person, or a planning commission, to administer them. If a board	7815
of township trustees adopts access management regulations, the	7816
board may administer the regulations or may appoint the township	7817
clerkfiscal officer or any other person to administer them, with	7818
the advice of the county engineer.	7819

If the access management regulations apply to a subdivision	7820
and a permit request is filed pertaining to the subdivision, the	7821
county engineer, board of township trustees, planning commission,	7822
or other person administering the regulations shall approve or	7823
disapprove the permit request within the time period for approval	7824
of a subdivision without a plat specified in section 711.131 of	7825
the Revised Code.	7826

Sec. 5571.04.  When the board of township trustees determines	7827
to proceed as provided in division (C) of section 5571.02 of the	7828
Revised Code and appoints a highway superintendent, hethe	7829
superintendent shall, before entering upon the discharge of his	7830
dutythe official duties of superintendent, give bond to the	7831
state, for the use of the township, in the sum of two thousand	7832
dollars, conditioned upon the faithful performance of his dutythe	7833
official duties of superintendent. SuchThe bond shall be approved	7834
by the board of township trustees, and filed with the township	7835
clerkfiscal officer. The board of township trustees shall fix the	7836
compensation of the superintendent, which compensation shall be	7837
paid from the township road fund. The compensation and all proper	7838
and necessary expenses, when approved by the board of township	7839
trustees, shall be paid by the township clerkfiscal officer upon	7840
histhe fiscal officer's warrant.	7841

Sec. 5571.16.  The board of township trustees, by resolution,	7842
may require any person to obtain a permit before installing a	7843
driveway culvert or making any excavation in a township highway or	7844
highway right-of-way within its jurisdiction, except an excavation	7845
to repair, rehabilitate, or replace a pole already installed for	7846
the purpose of providing electric or telecommunications service.	7847
The board, as a condition to the granting of the permit, may do	7848
any of the following:	7849

(A) Require the applicant to submit plans indicating the	7850
location, size, type, and duration of the culvert or excavation	7851
contemplated;	7852

(B) Specify methods of excavation, refilling, and resurfacing	7853
to be followed;	7854

(C) Require the use of warning devices it considers necessary	7855
to protect travelers on the highway;	7856

(D) Require the applicant to indemnify the township against	7857
liability or damage as the result of the installation of the	7858
culvert or as a result of the excavation;	7859

(E) Require the applicant to post a deposit or bond, with	7860
sureties to the satisfaction of the board, conditioned upon the	7861
performance of all conditions in the permit.	7862

Applications for permits under this section shall be made to	7863
the township clerkfiscal officer upon forms to be furnished by	7864
the board. Applications, including, but not limited to, a single	7865
application for an excavation project to install six or more poles	7866
for the purpose of providing electric or telecommunications	7867
service or to install a pole associated with underground electric	7868
or telecommunications service, shall be accompanied by a fee of	7869
fifty dollars per application, which fee shall be returned to the	7870
applicant if the application is denied. Except as otherwise	7871
provided in this section, no application or fee shall be required	7872
for an excavation project to install five or fewer poles for the	7873
purpose of providing electric or telecommunications service, but	7874
the person making that excavation shall provide verifiable notice	7875
of the excavation to the township clerk at least three business	7876
days prior to the date of the excavation.	7877

No person shall install a driveway culvert or make an	7878
excavation in any township highway or highway right-of-way in	7879
violation of any resolution adopted pursuant to this section,	7880
except that, in the case of an emergency requiring immediate	7881
action to protect the public health, safety, and welfare, an	7882
excavation may be made without first obtaining a permit, if an	7883
application is made at the earliest possible opportunity.	7884

As used in this section, "person" has the same meaning as in	7885
section 1.59 of the Revised Code, and "right-of-way" has the same	7886
meaning as in division (UU)(2) of section 4511.01 of the Revised	7887
Code.	7888

Sec. 5573.13.  The proportion of the compensation, damages,	7889
and costs of any road improvement to be paid by the township shall	7890
be paid out of any road improvement fund available thereforfor	7891
it. For the purpose of providing by taxation a fund for the	7892
payment of the township's proportion of the compensation, damages,	7893
and costs of constructing, reconstructing, resurfacing, or	7894
improving roads under sections 5571.01, 5571.06, 5571.07, 5571.15,	7895
5573.01 to 5573.15, inclusive, and 5575.02 to 5575.09, inclusive,	7896
of the Revised Code, and for the purpose of maintaining,	7897
repairing, or dragging any public road or part thereofof any	7898
public road under their jurisdiction, in the manner provided in	7899
sections 5571.02 to 5571.05, inclusive, 5571.08, 5571.12, 5571.13,	7900
and 5575.01 of the Revised Code, the board of trustees may levy,	7901
annually, a tax not exceeding three mills upon each dollar of the	7902
taxable property of saidthe township. SuchThe levy shall be in	7903
addition to all other levies authorized for township purposes, and	7904
subject only to the limitation on the combined maximum rate for	7905
all taxes now in force. The taxes so authorized shall be placed by	7906
the county auditor upon the tax duplicate, against the taxable	7907
property of the township, and collected by the county treasurer as	7908
other taxes. When collected, suchthe taxes shall be paid to the	7909
township clerkfiscal officer of the township from which they are	7910
collected, and the money so received shall be under the control of	7911
the board of township trustees for the purposes for which the	7912
taxes were levied.	7913

Sec. 5573.211.  The proportion of the compensation, damages,	7914
and costs of any road improvement to be paid by a township road	7915
district shall be paid out of any road improvement fund available	7916
thereforfor it. For the purpose of providing by taxation a fund	7917
for the payment of a township road district's proportion of the	7918
compensation, damages, and costs of constructing, reconstructing,	7919
resurfacing, improving, maintaining, repairing, and dragging	7920
township road district roads, or parts thereofof those roads, the	7921
board of trustees of a township in which a township road district	7922
has been erected as provided in section 5573.21 of the Revised	7923
Code, may levy, annually, a tax not exceeding three mills upon	7924
each dollar of the taxable property of saidthe township road	7925
district. SuchThe levy shall be in addition to all other levies	7926
authorized for township or township road district purposes, and	7927
subject only to the limitation on the combined maximum rate for	7928
all taxes in force. The taxes so authorized shall be placed by the	7929
county auditor upon the tax duplicate, against the taxable	7930
property of saidthe township road district, and collected by the	7931
county treasurer as other taxes. When collected, suchthe taxes	7932
shall be paid to the township clerkfiscal officer of the township	7933
in which suchthe township road district has been erected, and the	7934
money so received shall be under the control of the board of	7935
township trustees for the purposes for which the taxes were	7936
levied.	7937

Sec. 5575.04.  Before entering into a contract, the board of	7938
township trustees shall require a bond indemnifying the township	7939
against damages that may be suffered by failure to perform the	7940
contract according to the contract's provisions thereof, and in	7941
accordance with the specifications for the improvement.	7942

The township clerkfiscal officer shall not draw hisa	7943
warrant in favor of any contractor for estimates, on account of a	7944
contract let under sections 5575.02 and 5575.03 of the Revised	7945
Code, until the affidavit of suchthe contractor, or an officer or	7946
agent in the case of a corporation, that all indebtedness of such	7947
the contractor on account of material incorporated into the work	7948
or delivered on the site of the improvement and labor performed	7949
has been paid, is filed with such clerkthe fiscal officer. In	7950
lieu of suchthe affidavit, the contractor may file the written	7951
consent of all persons who have furnished material, incorporated	7952
into the work or delivered on the site of the improvement, or	7953
performed labor thereonon the improvement, that any estimate then	7954
due may be paid. SuchThe consent shall be accompanied by the	7955
affidavit of the contractor, or an officer or agent in the case of	7956
a corporation, that the consent bears the signatures of all	7957
persons who have furnished material, incorporated in the work or	7958
delivered on the site of the improvement, or performed labor	7959
thereonon the improvement, and have not been paid in full for	7960
suchthe labor or material. This section does not prevent the	7961
payment out of any estimate that is due, upon the assignment by	7962
the contractor to any person who has furnished material for the	7963
work or performed labor thereonon the improvement, of the amount	7964
due for suchthe material or labor.	7965

Sec. 5575.09.  The board of township trustees shall provide	7966
the township clerkfiscal officer with a suitable book in which he	7967
the fiscal officer shall keep a complete record of proceedings for	7968
the construction, reconstruction, resurfacing, or improvement of	7969
public roads. For making suchthe record he, the fiscal officer	7970
shall receive ten cents for each one hundred words, and, for all	7971
other services in connection therewith hewith keeping the record,	7972
the fiscal officer shall receive suchthe reasonable compensation	7973
as is allowed him by the board.	7974

Sec. 5579.08.  All brush, briers, burrs, vines, and noxious	7975
weeds growing along the public highway shall be cut or destroyed	7976
between the first and twentieth days of June, the first and	7977
twentieth days of August, and, if necessary, between the first and	7978
twentieth days of September of each year or whenever necessary to	7979
prevent or eliminate a safety hazard. This work shall be done by	7980
the board of township trustees in its respective township, or by	7981
the township highway superintendent, who may employ the necessary	7982
labor to carry out this section. All expenses incurred shall, when	7983
approved by the board, be paid from the township road fund by the	7984
township clerkfiscal officer, upon histhe fiscal officer's	7985
warrant.	7986

Sec. 5705.01.  As used in this chapter:

7987

(A) "Subdivision" means any county; municipal corporation;	7988
township; township police district; township fire district; joint	7989
fire district; joint ambulance district; joint emergency medical	7990
services district; fire and ambulance district; joint recreation	7991
district; township waste disposal district; township road	7992
district; community college district; technical college district;	7993
detention facility district; a district organized under section	7994
2151.65 of the Revised Code; a combined district organized under	7995
sections 2152.41 and 2151.65 of the Revised Code; a joint-county	7996
alcohol, drug addiction, and mental health service district; a	7997
drainage improvement district created under section 6131.52 of the	7998
Revised Code; a union cemetery district; a county school financing	7999
district; or a city, local, exempted village, cooperative	8000
education, or joint vocational school district.	8001

(B) "Municipal corporation" means all municipal corporations,	8002
including those that have adopted a charter under Article XVIII,	8003
Ohio Constitution.	8004

(C) "Taxing authority" or "bond issuing authority" means, in	8005
the case of any county, the board of county commissioners; in the	8006
case of a municipal corporation, the council or other legislative	8007
authority of the municipal corporation; in the case of a city,	8008
local, exempted village, cooperative education, or joint	8009
vocational school district, the board of education; in the case of	8010
a community college district, the board of trustees of the	8011
district; in the case of a technical college district, the board	8012
of trustees of the district; in the case of a detention facility	8013
district, a district organized under section 2151.65 of the	8014
Revised Code, or a combined district organized under sections	8015
2152.41 and 2151.65 of the Revised Code, the joint board of county	8016
commissioners of the district; in the case of a township, the	8017
board of township trustees; in the case of a joint fire district,	8018
the board of fire district trustees; in the case of a joint	8019
recreation district, the joint recreation district board of	8020
trustees; in the case of a joint-county alcohol, drug addiction,	8021
and mental health service district, the district's board of	8022
alcohol, drug addiction, and mental health services; in the case	8023
of a joint ambulance district or a fire and ambulance district,	8024
the board of trustees of the district; in the case of a union	8025
cemetery district, the legislative authority of the municipal	8026
corporation and the board of township trustees, acting jointly as	8027
described in section 759.341 of the Revised Code; in the case of a	8028
drainage improvement district, the board of county commissioners	8029
of the county in which the drainage district is located; in the	8030
case of a joint emergency medical services district, the joint	8031
board of county commissioners of all counties in which all or any	8032
part of the district lies; and in the case of a township police	8033
district, a township fire district, a township road district, or a	8034
township waste disposal district, the board of township trustees	8035
of the township in which the district is located. "Taxing	8036
authority" also means the educational service center governing	8037
board that serves as the taxing authority of a county school	8038
financing district as provided in section 3311.50 of the Revised	8039
Code.	8040

(D) "Fiscal officer" in the case of a county, means the	8041
county auditor; in the case of a municipal corporation, the city	8042
auditor or village clerk, or suchan officer aswho, by virtue of	8043
the charter, has the duties and functions of the city auditor or	8044
village clerk, except that in the case of a municipal university	8045
the board of directors of which have assumed, in the manner	8046
provided by law, the custody and control of the funds of the	8047
university, the chief accounting officer of the university shall	8048
perform, with respect to the funds, the duties vested in the	8049
fiscal officer of the subdivision by sections 5705.41 and 5705.44	8050
of the Revised Code; in the case of a school district, the	8051
treasurer of the board of education; in the case of a county	8052
school financing district, the treasurer of the educational	8053
service center governing board that serves as the taxing	8054
authority; in the case of a township, the township clerkfiscal	8055
officer; in the case of a joint fire district, the clerk of the	8056
board of fire district trustees; in the case of a joint ambulance	8057
district, the clerk of the board of trustees of the district; in	8058
the case of a joint emergency medical services district, the	8059
person appointed as fiscal officer pursuant to division (D) of	8060
section 307.053 of the Revised Code; in the case of a fire and	8061
ambulance district, the person appointed as fiscal officer	8062
pursuant to division (B) of section 505.375 of the Revised Code;	8063
in the case of a joint recreation district, the person designated	8064
pursuant to section 755.15 of the Revised Code; in the case of a	8065
union cemetery district, the clerk of the municipal corporation	8066
designated in section 759.34 of the Revised Code; in the case of a	8067
children's home district, educational service center, general	8068
health district, joint-county alcohol, drug addiction, and mental	8069
health service district, county library district, detention	8070
facility district, district organized under section 2151.65 of the	8071
Revised Code, a combined district organized under sections	8072
2152.41 and 2151.65 of the Revised Code, or a metropolitan park	8073
district for which no treasurer has been appointed pursuant to	8074
section 1545.07 of the Revised Code, the county auditor of the	8075
county designated by law to act as the auditor of the district; in	8076
the case of a metropolitan park district which has appointed a	8077
treasurer pursuant to section 1545.07 of the Revised Code, that	8078
treasurer; in the case of a drainage improvement district, the	8079
auditor of the county in which the drainage improvement district	8080
is located; and in all other cases, the officer responsible for	8081
keeping the appropriation accounts and drawing warrants for the	8082
expenditure of the moneys of the district or taxing unit.	8083

(E) "Permanent improvement" or "improvement" means any	8084
property, asset, or improvement with an estimated life or	8085
usefulness of five years or more, including land and interests	8086
therein, and reconstructions, enlargements, and extensions thereof	8087
having an estimated life or usefulness of five years or more.	8088

(F) "Current operating expenses" and "current expenses" mean	8089
the lawful expenditures of a subdivision, except those for	8090
permanent improvements, and except payments for interest, sinking	8091
fund, and retirement of bonds, notes, and certificates of	8092
indebtedness of the subdivision.	8093

(G) "Debt charges" means interest, sinking fund, and	8094
retirement charges on bonds, notes, or certificates of	8095
indebtedness.	8096

(H) "Taxing unit" means any subdivision or other governmental	8097
district having authority to levy taxes on the property in the	8098
district or issue bonds that constitute a charge against the	8099
property of the district, including conservancy districts,	8100
metropolitan park districts, sanitary districts, road districts,	8101
and other districts.	8102

(I) "District authority" means any board of directors,	8103
trustees, commissioners, or other officers controlling a district	8104
institution or activity that derives its income or funds from two	8105
or more subdivisions, such as the educational service center, the	8106
trustees of district children's homes, the district board of	8107
health, a joint-county alcohol, drug addiction, and mental health	8108
service district's board of alcohol, drug addiction, and mental	8109
health services, detention facility districts, a joint recreation	8110
district board of trustees, districts organized under section	8111
2151.65 of the Revised Code, combined districts organized under	8112
sections 2152.41 and 2151.65 of the Revised Code, and other such	8113
boards.	8114

(J) "Tax list" and "tax duplicate" mean the general tax lists	8115
and duplicates prescribed by sections 319.28 and 319.29 of the	8116
Revised Code.	8117

(K) "Property" as applied to a tax levy means taxable	8118
property listed on general tax lists and duplicates.	8119

(L) "School library district" means a school district in	8120
which a free public library has been established that is under the	8121
control and management of a board of library trustees as provided	8122
in section 3375.15 of the Revised Code.	8123

Sec. 5709.73.  (A) As used in this section and section	8124
5709.74 of the Revised Code:	8125

(1) "Business day" means a day of the week excluding	8126
Saturday, Sunday, and a legal holiday as defined in section 1.14	8127
of the Revised Code.	8128

(2) "Further improvements" or "improvements" means the	8129
increase in the true value of real property that would first	8130
appear on the tax list and duplicate of real and public utility	8131
property after the effective date of a resolution adopted under	8132
this section were it not for the exemption granted by that	8133
resolution. For purposes of division (B) of this section,	8134
"improvements" do not include any property used or to be used for	8135
residential purposes.	8136

(3) "Housing renovation" means a project carried out for	8137
residential purposes.	8138

(4) "Incentive district" has the same meaning as in section	8139
5709.40 of the Revised Code, except that a blighted area is in the	8140
unincorporated area of a township.	8141

(5) "Project" and "public infrastructure improvement" have	8142
the same meanings as in section 5709.40 of the Revised Code.	8143

(B) A board of township trustees may, by unanimous vote,	8144
adopt a resolution that declares to be a public purpose any public	8145
infrastructure improvements made that are necessary for the	8146
development of certain parcels of land located in the	8147
unincorporated area of the township. Except as otherwise provided	8148
in division (D) of this section, the resolution may exempt from	8149
real property taxation not more than seventy-five per cent of	8150
further improvements to a parcel of land which directly benefits	8151
from suchthe public infrastructure improvements; the percentage	8152
exempted shall not, except as otherwise provided in division (D)	8153
of this section, exceed the estimated percentage of the	8154
incremental demand placed on the public infrastructure	8155
improvements that is directly attributable to the exempted	8156
improvement. For the purposes of this division, a public	8157
infrastructure improvement directly benefits a parcel of land only	8158
if a project on the parcel places direct, additional demand on the	8159
public infrastructure improvement, or, if the public	8160
infrastructure improvement has not yet been constructed, will	8161
place direct, additional demand on the public infrastructure	8162
improvement when completed. The resolution shall specify the	8163
percentage of the further improvements to be exempted.	8164

(C) A board of township trustees may adopt, by unanimous	8165
vote, a resolution creating an incentive district and declaring	8166
improvements to parcels within the district to be a public purpose	8167
and exempt from taxation as provided in this section. The district	8168
shall be located within the unincorporated area of the township	8169
and shall not include any territory that is included within a	8170
district created under division (B) of section 5709.78 of the	8171
Revised Code. The resolution shall delineate the boundary of the	8172
district and specifically identify each parcel within the	8173
district. A district may not include any parcel that is or has	8174
been exempted from taxation under division (B) of this section or	8175
that is or has been within another district created under this	8176
division. A resolution may create more than one such district, and	8177
more than one resolution may be adopted under this division.	8178

Not later than thirty days prior to adopting a resolution	8179
under this division, if the township intends to apply for	8180
exemptions from taxation under section 5709.911 of the Revised	8181
Code on behalf of owners of real property located within the	8182
proposed incentive district, the board shall conduct a public	8183
hearing on the proposed resolution. Not later than thirty days	8184
prior to the public hearing, the board shall give notice of the	8185
public hearing and the proposed resolution by first class mail to	8186
every real property owner whose property is located within the	8187
boundaries of the proposed incentive district that is the subject	8188
of the proposed resolution.	8189

A resolution under this division shall specify the life of	8190
the district and the percentage of the improvements to be exempted	8191
and shall designate the public infrastructure improvements made or	8192
to be made that benefit or serve parcels in the district.	8193

A resolution adopted under this division may authorize the	8194
use of service payments provided for in section 5709.74 of the	8195
Revised Code for the purpose of housing renovations within the	8196
district, provided that the resolution also designates public	8197
infrastructure improvements that benefit or serve the district,	8198
and that a project within the district places real property in use	8199
for commercial or industrial purposes. Service payments may be	8200
used to finance or support loans, deferred loans, and grants to	8201
persons for the purpose of housing renovations within the	8202
district. The resolution shall designate the parcels within the	8203
district that are eligible for housing renovations. The resolution	8204
shall state separately the amount or the percentages of the	8205
expected aggregate service payments that are designated for each	8206
public infrastructure improvement and for the purpose of housing	8207
renovations.	8208

Except with the approval of the board of education of each	8209
city, local, or exempted village school district within the	8210
territory of which the district is or will be located, the life of	8211
a district shall not exceed ten years, and the percentage of	8212
improvements to be exempted shall not exceed seventy-five per	8213
cent. With such approval, the life of a district may be not more	8214
than thirty years, and the percentage of improvements to be	8215
exempted may be not more than one hundred per cent.	8216

Approval of a board of education shall be obtained in the	8217
manner provided in division (D) of this section for exemptions	8218
under division (B) of this section, except that the notice to the	8219
board of education shall delineate the boundaries of the district,	8220
specifically identify each parcel within the district, identify	8221
each anticipated improvement in the district, provide an estimate	8222
of the true value in money of each such improvement, specify the	8223
life of the district and the percentage of improvements that would	8224
be exempted, and indicate the date on which the board of township	8225
trustees intends to adopt the resolution.	8226

A board of township trustees shall not adopt a resolution	8227
under this division after June 30, 2007.	8228

(D) Improvements with respect to a parcel may be exempted	8229
from taxation under division (B) of this section for up to ten	8230
years or, with the approval of the board of education of the city,	8231
local, or exempted village school district within which the parcel	8232
is located, for up to thirty years. The percentage of the	8233
improvements exempted from taxation may, with such approval,	8234
exceed seventy-five per cent, but shall not exceed one hundred per	8235
cent. Not later than forty-five business days prior to adopting a	8236
resolution under this section declaring improvements to be a	8237
public purpose, the board of trustees shall deliver to the board	8238
of education a notice stating its intent to adopt a resolution	8239
making that declaration. The notice shall identify the parcels for	8240
which improvements are to be exempted from taxation, provide an	8241
estimate of the true value in money of the improvements, specify	8242
the period for which the improvements would be exempted from	8243
taxation and the percentage of the improvements that would be	8244
exempted, and indicate the date on which the board of trustees	8245
intends to adopt the resolution. The board of education, by	8246
resolution adopted by a majority of the board, may approve the	8247
exemption for the period or for the exemption percentage specified	8248
in the notice, may disapprove the exemption for the number of	8249
years in excess of ten, may disapprove the exemption for the	8250
percentage of the improvements to be exempted in excess of	8251
seventy-five per cent, or both, or may approve the exemption on	8252
the condition that the board of trustees and the board of	8253
education negotiate an agreement providing for compensation to the	8254
school district equal in value to a percentage of the amount of	8255
taxes exempted in the eleventh and subsequent years of the	8256
exemption period or, in the case of exemption percentages in	8257
excess of seventy-five per cent, compensation equal in value to a	8258
percentage of the taxes that would be payable on the portion of	8259
the improvements in excess of seventy-five per cent were that	8260
portion to be subject to taxation. The board of education shall	8261
certify its resolution to the board of trustees not later than	8262
fourteen days prior to the date the board of trustees intends to	8263
adopt the resolution as indicated in the notice. If the board of	8264
education approves the exemption on the condition that a	8265
compensation agreement be negotiated, the board of education in	8266
its resolution shall propose a compensation percentage. If the	8267
board of education and the board of trustees negotiate a mutually	8268
acceptable compensation agreement, the resolution may declare the	8269
improvements a public purpose for the number of years specified in	8270
the resolution or, in the case of exemption percentages in excess	8271
of seventy-five per cent, for the exemption percentage specified	8272
in the resolution. In either case, if the board of education and	8273
the board of trustees fail to negotiate a mutually acceptable	8274
compensation agreement, the resolution may declare the	8275
improvements a public purpose for not more than ten years, but	8276
shall not exempt more than seventy-five per cent of the	8277
improvements from taxation, or, in the case of a resolution	8278
adopted under division (B) of this section, not more than the	8279
estimated percentage of the incremental demand as otherwise	8280
prescribed by division (B) of this section if that percentage is	8281
less than seventy-five per cent. If the board of education fails	8282
to certify a resolution to the board of trustees within the time	8283
prescribed by this section, the board of trustees thereupon may	8284
adopt the resolution and may declare the improvements a public	8285
purpose for up to thirty years or, in the case of exemption	8286
percentages proposed in excess of seventy-five per cent, for the	8287
exemption percentage specified in the resolution. The board of	8288
township trustees may adopt the resolution at any time after the	8289
board of education certifies its resolution approving the	8290
exemption to the board of township trustees, or, if the board of	8291
education approves the exemption on the condition that a mutually	8292
acceptable compensation agreement be negotiated, at any time after	8293
the compensation agreement is agreed to by the board of education	8294
and the board of township trustees.	8295

If a board of education has adopted a resolution waiving its	8296
right to approve exemptions from taxation and the resolution	8297
remains in effect, approval of such exemptions by the board of	8298
education is not required under this division. If a board of	8299
education has adopted a resolution allowing a board of township	8300
trustees to deliver the notice required under this division fewer	8301
than forty-five business days prior to adoption of the resolution	8302
by the board of township trustees, the board of township trustees	8303
shall deliver the notice to the board of education not later than	8304
the number of days prior to suchthe adoption as prescribed by the	8305
board of education in its resolution. If a board of education	8306
adopts a resolution waiving its right to approve exemptions or	8307
shortening the notification period, the board of education shall	8308
certify a copy of the resolution to the board of township	8309
trustees. If the board of education rescinds such athe	8310
resolution, it shall certify notice of the rescission to the board	8311
of township trustees.	8312

If the board of trustees is not required by this division to	8313
notify the board of education of the board of trustees' intent to	8314
declare improvements to be a public purpose, the board of trustees	8315
shall comply with the notice requirements imposed under section	8316
5709.83 of the Revised Code before taking formal action to adopt	8317
the resolution making that declaration, unless the board of	8318
education has adopted a resolution under that section waiving its	8319
right to receive such athe notice.	8320

(E) An exemption from taxation granted under this section	8321
commences with the tax year in which an improvement first appears	8322
on the tax list and duplicate of real and public utility property	8323
and that begins after the effective date of the resolution. Except	8324
as otherwise provided in this division, the exemption ends on the	8325
date specified in the resolution as the date the improvement	8326
ceases to be a public purpose or the incentive district expires,	8327
or ends on the date on which the public infrastructure	8328
improvements and housing renovations are paid in full from the	8329
township public improvement tax increment equivalent fund	8330
established under section 5709.75 of the Revised Code, whichever	8331
occurs first. The exemption of an improvement with respect to a	8332
parcel may end on a later date, as specified in the resolution, if	8333
the board of township trustees and the board of education of the	8334
city, local, or exempted village school district within which the	8335
parcel is located have entered into a compensation agreement under	8336
section 5709.82 of the Revised Code with respect to the	8337
improvement or district and the board of education has approved	8338
the term of the exemption under division (D) of this section, but	8339
in no case shall the improvement be exempted from taxation for	8340
more than thirty years. The board of township trustees may, by	8341
majority vote, adopt a resolution permitting the township to enter	8342
into such agreements as the board finds necessary or appropriate	8343
to provide for the construction or undertaking of public	8344
infrastructure improvements and housing renovations. Any exemption	8345
shall be claimed and allowed in the same or a similar manner as in	8346
the case of other real property exemptions. If an exemption status	8347
changes during a tax year, the procedure for the apportionment of	8348
the taxes for that year is the same as in the case of other	8349
changes in tax exemption status during the year.	8350

(F) The board of township trustees may issue the notes of the	8351
township to finance all costs pertaining to the construction or	8352
undertaking of public infrastructure improvements and housing	8353
renovations made pursuant to this section. The notes shall be	8354
signed by the board and attested by the signature of the township	8355
clerkfiscal officer, shall bear interest not to exceed the rate	8356
provided in section 9.95 of the Revised Code, and are not subject	8357
to Chapter 133. of the Revised Code. The resolution authorizing	8358
the issuance of the notes shall pledge the funds of the township	8359
public improvement tax increment equivalent fund established	8360
pursuant to section 5709.75 of the Revised Code to pay the	8361
interest on and principal of the notes. The notes, which may	8362
contain a clause permitting prepayment at the option of the board,	8363
shall be offered for sale on the open market or given to the	8364
vendor or contractor if no sale is made.	8365

(G) The township, not later than fifteen days after the	8366
adoption of a resolution under this section, shall submit to the	8367
director of development a copy of the resolution. On or before the	8368
thirty-first day of March of each year, the township shall submit	8369
a status report to the director of development. The report shall	8370
indicate, in the manner prescribed by the director, the progress	8371
of the project during each year that the exemption remains in	8372
effect, including a summary of the receipts from service payments	8373
in lieu of taxes; expenditures of money from funds created under	8374
section 5709.75 of the Revised Code; a description of the public	8375
infrastructure improvements and housing renovations financed with	8376
suchthe expenditures; and a quantitative summary of changes in	8377
private investment resulting from each project.	8378

(H) Nothing in this section shall be construed to prohibit a	8379
board of township trustees from declaring to be a public purpose	8380
improvements with respect to more than one parcel.	8381

(I) A board of township trustees that adopted a resolution	8382
under this section prior to July 21, 1994, may amend that	8383
resolution to include any additional public infrastructure	8384
improvement. A board of township trustees that seeks by such an	8385
the amendment to utilize money from its township public	8386
improvement tax increment equivalent fund for land acquisition in	8387
aid of industry, commerce, distribution, or research, demolition	8388
on private property, or stormwater and flood remediation projects	8389
may do so provided that the board currently is a party to a	8390
hold-harmless agreement with the board of education of the city,	8391
local, or exempted village school district within the territory of	8392
which are located the parcels that are subject to an exemption.	8393
For the purposes of this division, a "hold-harmless agreement"	8394
means an agreement under which the board of township trustees	8395
agrees to compensate the school district for one hundred per cent	8396
of the tax revenue that the school district would have received	8397
from further improvements to parcels designated in the resolution	8398
were it not for the exemption granted by the resolution.	8399

Sec. 5735.27.  (A) There is hereby created in the state	8400
treasury the gasoline excise tax fund, which shall be distributed	8401
in the following manner:	8402

(1) The amount credited pursuant to divisions (B)(2)(a) and	8403
(C)(2)(a) of section 5735.23 of the Revised Code shall be	8404
distributed among municipal corporations. The amount paid to each	8405
municipal corporation shall be that proportion of the amount to be	8406
so distributed that the number of motor vehicles registered within	8407
suchthe municipal corporation bears to the total number of motor	8408
vehicles registered within all the municipal corporations of this	8409
state during the preceding motor vehicle registration year. When a	8410
new village is incorporated, the registrar of motor vehicles shall	8411
determine from the applications on file in the bureau of motor	8412
vehicles the number of motor vehicles located within the territory	8413
comprising the village during the entire registration year in	8414
which suchthe municipal corporation was incorporated. The	8415
registrar shall forthwith certify the number of motor vehicles so	8416
determined to the tax commissioner for use in distributing motor	8417
vehicle fuel tax funds to suchthe village until suchthe village	8418
is qualified to participate in the distribution of suchthe funds	8419
pursuant to this division. The number of such motor vehicle	8420
registrations shall be determined by the official records of the	8421
bureau of motor vehicles. The amount received by each municipal	8422
corporation shall be used to plan, construct, reconstruct, repave,	8423
widen, maintain, repair, clear, and clean public highways, roads,	8424
and streets; to maintain and repair bridges and viaducts; to	8425
purchase, erect, and maintain street and traffic signs and	8426
markers; to pay the costs apportioned to the municipal corporation	8427
under section 4907.47 of the Revised Code; to purchase, erect, and	8428
maintain traffic lights and signals; to pay the principal,	8429
interest, and charges on bonds and other obligations issued	8430
pursuant to Chapter 133. of the Revised Code for the purpose of	8431
acquiring or constructing roads, highways, bridges, or viaducts or	8432
acquiring or making other highway improvements for which the	8433
municipal corporation may issue bonds; and to supplement revenue	8434
already available for suchthese purposes.	8435

(2) The amount credited pursuant to division (B) of section	8436
5735.26 of the Revised Code shall be distributed among the	8437
municipal corporations within the state, in the proportion which	8438
the number of motor vehicles registered within each municipal	8439
corporation bears to the total number of motor vehicles registered	8440
within all the municipal corporations of the state during the	8441
preceding calendar year, as shown by the official records of the	8442
bureau of motor vehicles, and shall be expended by each municipal	8443
corporation to plan, construct, reconstruct, repave, widen,	8444
maintain, repair, clear, and clean public highways, roads and	8445
streets; to maintain and repair bridges and viaducts; to purchase,	8446
erect, and maintain street and traffic signs and markers; to	8447
purchase, erect, and maintain traffic lights and signals; to pay	8448
costs apportioned to the municipal corporation under section	8449
4907.47 of the Revised Code; to pay the principal, interest, and	8450
charges on bonds and other obligations issued pursuant to Chapter	8451
133. of the Revised Code for the purpose of acquiring or	8452
constructing roads, highways, bridges, or viaducts or acquiring or	8453
making other highway improvements for which the municipal	8454
corporation may issue bonds; and to supplement revenue already	8455
available for suchthese purposes.	8456

(3) The amount credited pursuant to divisions (B)(2)(b) and	8457
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	8458
equal proportions to the county treasurer of each county within	8459
the state and shall be used only for the purposes of planning,	8460
maintaining, and repairing the county system of public roads and	8461
highways within suchthe county; the planning, construction, and	8462
repair of walks or paths along county roads in congested areas;	8463
the planning, construction, purchase, lease, and maintenance of	8464
suitable buildings for the housing and repair of county road	8465
machinery, housing of supplies, and housing of personnel	8466
associated with the machinery and supplies; the payment of costs	8467
apportioned to the county under section 4907.47 of the Revised	8468
Code; the payment of principal, interest, and charges on bonds and	8469
other obligations issued pursuant to Chapter 133. of the Revised	8470
Code for the purpose of acquiring or constructing roads, highways,	8471
bridges, or viaducts or acquiring or making other highway	8472
improvements for which the board of county commissioners may issue	8473
bonds under that chapter; and the purchase, installation, and	8474
maintenance of traffic signal lights.	8475

(4) The amount credited pursuant to division (C) of section	8476
5735.26 of the Revised Code shall be paid in equal proportions to	8477
the county treasurer of each county for the purposes of planning,	8478
maintaining, constructing, widening, and reconstructing the county	8479
system of public roads and highways; paying principal, interest,	8480
and charges on bonds and other obligations issued pursuant to	8481
Chapter 133. of the Revised Code for the purpose of acquiring or	8482
constructing roads, highways, bridges, or viaducts or acquiring or	8483
making other highway improvements for which the board of county	8484
commissioners may issue bonds under suchthat chapter; and paying	8485
costs apportioned to the county under section 4907.47 of the	8486
Revised Code.	8487

(5)(a) The amount credited pursuant to division (D) of	8488
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	8489
Revised Code shall be divided in equal proportions among the	8490
townships within the state.	8491

(b) As used in division (A)(5)(b) of this section, the	8492
"formula amount" for any township is the amount that would be	8493
allocated to that township if fifty per cent of the amount	8494
credited to townships pursuant to section 5735.291 of the Revised	8495
Code were allocated among townships in the state proportionate to	8496
the number of lane miles within the boundaries of the respective	8497
townships, as determined annually by the department of	8498
transportation, and the other fifty per cent of the amount	8499
credited pursuant to section 5735.291 of the Revised Code were	8500
allocated among townships in the state proportionate to the number	8501
of motor vehicles registered within the respective townships, as	8502
determined annually by the records of the bureau of motor	8503
vehicles.	8504

Beginning on August 15, 2003, the tax levied by section	8505
5735.29 of the Revised Code shall be partially allocated to	8506
provide funding for townships. Each township shall receive the	8507
greater of the following two calculations:	8508

(i) The total statewide amount credited to townships under	8509
division (A) of section 5735.291 of the Revised Code divided by	8510
the number of townships in the state at the time of the	8511
calculation;	8512

(ii) Seventy per cent of the formula amount for that	8513
township.	8514

(c) The total difference between the amount of money credited	8515
to townships under division (A) of section 5735.291 of the Revised	8516
Code and the total amount of money required to make all the	8517
payments specified in division (A)(5)(b) of this section shall be	8518
deducted, in accordance with division (B) of section 5735.291 of	8519
the Revised Code, from the revenues resulting from the tax levied	8520
pursuant to section 5735.29 of the Revised Code prior to crediting	8521
portions of such revenues to counties, municipal corporations, and	8522
the highway operating fund.	8523

(d) All amounts credited pursuant to divisions (a) and (b) of	8524
this section shall be paid to the county treasurer of each county	8525
for the total amount payable to the townships within each of the	8526
counties. The county treasurer shall pay to each township within	8527
the county its proportional share of the funds, which shall be	8528
expended by each township for the sole purpose of planning,	8529
constructing, maintaining, widening, and reconstructing the public	8530
roads and highways within suchthe township, and paying costs	8531
apportioned to the township under section 4907.47 of the Revised	8532
Code.	8533

No part of the funds shall be used for any purpose except to	8534
pay in whole or part the contract price of any such work done by	8535
contract, or to pay the cost of labor in planning, constructing,	8536
widening, and reconstructing such roads and highways, and the cost	8537
of materials forming a part of the improvement; provided, that	8538
suchthe funds may be used for the purchase of road machinery and	8539
equipment and for the planning, construction, and maintenance of	8540
suitable buildings for housing road machinery and equipment, and	8541
that all such improvement of roads shall be under supervision and	8542
direction of the county engineer as provided in section 5575.07 of	8543
the Revised Code. No obligation against suchthe funds shall be	8544
incurred unless plans and specifications for suchthe improvement,	8545
approved by the county engineer, are on file in the office of the	8546
township clerkfiscal officer, and all contracts for material and	8547
for work done by contract shall be approved by the county engineer	8548
before being signed by the board of township trustees. The board	8549
of township trustees of any township may pass a resolution	8550
permitting the board of county commissioners to expend suchthe	8551
township's share of the funds, or any portion thereofof it, for	8552
the improvement of suchthe roads within the township as may be	8553
designated in the resolution.	8554

All investment earnings of the fund shall be credited to the	8555
fund.	8556

(B) Amounts credited to the highway operating fund pursuant	8557
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	8558
division (A) of section 5735.26 of the Revised Code shall be	8559
expended in the following manner:	8560

(1) The amount credited pursuant to divisions (B)(2)(c) and	8561
(C)(2)(d) of section 5735.23 of the Revised Code shall be	8562
apportioned to and expended by the department of transportation	8563
for the purposes of planning, maintaining, repairing, and keeping	8564
in passable condition for travel the roads and highways of the	8565
state required by law to be maintained by the department; paying	8566
the costs apportioned to the state under section 4907.47 of the	8567
Revised Code; paying that portion of the construction cost of a	8568
highway project which a county, township, or municipal corporation	8569
normally would be required to pay, but which the director of	8570
transportation, pursuant to division (B) of section 5531.08 of the	8571
Revised Code, determines instead will be paid from moneys in the	8572
highway operating fund; and paying the costs of the department of	8573
public safety in administering and enforcing the state law	8574
relating to the registration and operation of motor vehicles.	8575

(2) The amount credited pursuant to division (A) of section	8576
5735.26 of the Revised Code shall be used for paying the state's	8577
share of the cost of planning, constructing, widening,	8578
maintaining, and reconstructing the state highways; paying that	8579
portion of the construction cost of a highway project which a	8580
county, township, or municipal corporation normally would be	8581
required to pay, but which the director of transportation,	8582
pursuant to division (B) of section 5531.08 of the Revised Code,	8583
determines instead will be paid from moneys in the highway	8584
operating fund; and also for supplying the state's share of the	8585
cost of eliminating railway grade crossings upon such highways and	8586
costs apportioned to the state under section 4907.47 of the	8587
Revised Code. The director of transportation may expend portions	8588
of such amount upon extensions of state highways within municipal	8589
corporations or upon portions of state highways within municipal	8590
corporations, as is provided by law.	8591

Sec. 5747.061.  (A) As used in this section:

8592

(1) "State agency" means the general assembly, all courts,	8593
any department, division, institution, board, commission,	8594
authority, bureau, or other instrumentality of the state.	8595

(2) "Political subdivision" means a county, municipal	8596
corporation, township, school district, or other body corporate	8597
and politic responsible for governmental activities in a	8598
geographic area smaller than that of the state.	8599

(3) "Legislative authority" means the board of county	8600
commissioners, the legislative authority of a municipal	8601
corporation, the board of township trustees, the board of	8602
education, or the board, council, commission, or other governing	8603
body of any other political subdivision.	8604

(4) "Fiscal officer" means the county auditor, the treasurer	8605
of the municipal corporation, the clerk-treasurer of a village, or	8606
the officer thatwho, by virtue of the charter, has the duties of	8607
the treasurer or clerk-treasurer, the township clerkfiscal	8608
officer, the treasurer of the board of education, or, in the case	8609
of any state agency or other subdivision, the officer or person	8610
responsible for deducting and withholding from the compensation	8611
paid to an employee who is a taxpayer the amount of tax required	8612
to be withheld by section 5747.06 of the Revised Code.	8613

(B)(1) The director or other chief administrator of any state	8614
agency, in accordance with rules adopted by the department of	8615
administrative services, may direct its fiscal officer to deduct	8616
and withhold from the compensation paid to an employee who is a	8617
resident of a state with which the commissioner has entered into	8618
an agreement under division (A)(3) of section 5747.05 of the	8619
Revised Code, a tax computed in such a manner as to result, as far	8620
as practicable, in withholding from the compensation of the	8621
employee during each calendar year an amount substantially	8622
equivalent to the tax reasonably estimated to be due under the	8623
income tax laws of the state of residence of the employee with	8624
respect to the amount of such compensation included in gross	8625
income during the calendar year under those laws.	8626

(2) The legislative authority of a political subdivision may	8627
adopt a rule, ordinance, or resolution requiring the fiscal	8628
officer of the political subdivision to deduct and withhold from	8629
the compensation paid to an employee who is a resident of a state	8630
with which the tax commissioner has entered into an agreement	8631
under division (A)(3) of section 5747.05 of the Revised Code, a	8632
tax computed in such a manner as to result, as far as practicable,	8633
in withholding from the compensation of the employee during each	8634
calendar year an amount substantially equivalent to the tax	8635
reasonably estimated to be due under the income tax laws of the	8636
state of residence of the employee with respect to the amount of	8637
such compensation included in gross income during the calendar	8638
year under those laws.	8639

(3) Upon direction of the director or other chief	8640
administrator of a state agency, or adoption of a rule, ordinance,	8641
or resolution by a political subdivision under this division, the	8642
fiscal officer shall obtain from the official responsible for	8643
administering the income tax laws of the state of residence of the	8644
employee, information necessary to enable himthe fiscal officer	8645
to withhold the proper amount of tax from the compensation of the	8646
employee for the calendar year.	8647

(C) A fiscal officer who deducts and withholds tax from the	8648
compensation of a nonresident employee shall file a withholding	8649
return or other report and pay the full amount of the tax deducted	8650
and withheld as required by the income tax laws of the state of	8651
residence of the employee.	8652

(D) A fiscal officer who deducts and withholds tax from the	8653
compensation of a nonresident employee shall furnish to that	8654
employee and to the official who is responsible for administering	8655
the income tax laws of the state of residence of the employee, a	8656
written statement showing the amount of compensation paid to the	8657
employee and the amount deducted and withheld from the	8658
compensation of the employee during the calendar year. The	8659
statement shall be furnished on or before the last day of January	8660
of the succeeding year, except that, with respect to an employee	8661
whose employment is terminated, the statement for the calendar	8662
year in which the last payment of compensation is made shall be	8663
furnished within thirty days from the date the last payment of	8664
compensation is made.	8665

Section 2. That existing sections 111.21, 111.22, 117.44,	8666
133.01, 133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31,	8667
321.32, 321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41,	8668
503.52, 504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20,	8669
505.03, 505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262,	8670
505.31, 505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511,	8671
505.73, 505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05,	8672
507.051, 507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21,	8673
511.22, 511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05,	8674
517.06, 517.07, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201,	8675
707.28, 709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10,	8676
715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08,	8677
971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02,	8678
2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025,	8679
3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27,	8680
5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16,	8681
5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73,	8682
5735.27, and 5747.061 of the Revised Code are hereby repealed.	8683

Section 3. Section 711.10 of the Revised Code is presented in	8684
this act as a composite of the section as amended by both Sub.	8685
H.B. 231 and Sub. S.B. 115 of the 125th General Assembly. Section	8686
715.70 of the Revised Code is presented in this act as a composite	8687
of the section as amended by both Sub. H.B. 434 and Am. Sub. S.B.	8688
201 of the 122nd General Assembly. The General Assembly, applying	8689
the principle stated in division (B) of section 1.52 of the	8690
Revised Code that amendments are to be harmonized if reasonably	8691
capable of simultaneous operation, finds that the composites are	8692
the resulting versions of the sections in effect prior to the	8693
effective date of the sections as presented in this act.	8694