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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 187 |
REPRESENTATIVES OLMAN-JOLIVETTE-BOYD-BUCHY-CATES-CLANCY-
GERBERRY-HARRIS-JACOBSON-KREBS-MAIER-MOTTLEY-O'BRIEN-
ROMAN-SULZER-TAYLOR-TERWILLEGER-VAN VYVEN-WILLIAMS-
YOUNG-OPFER-SCHULER-CALVERT-EVANS-BUEHRER-TIBERI-
CORBIN-KRUPINSKI-PERZ-HARTNETT-VERICH-VESPER-HAINES-
SCHURING-WILLAMOWSKI-BENDER-WINKLER
A BILL
To amend sections 109.14, 133.09, 309.09, 504.01, 504.02,
504.03, 504.04, 504.12, 504.13, 504.14, 504.16, 504.17,
504.18, 504.19, 505.261, 505.262, 505.264, 505.37, 505.701,
709.50, 711.05, 711.10, 713.22, 1901.026,
2921.421, 3737.46, 3767.03, 4301.28, 5543.01,
5543.09, 5549.02, and 5573.01 and to enact sections
504.20 and 5549.021 of the Revised Code to refer
to townships that have
adopted the limited
self-government form of township government as
"limited home rule government" townships,
to make changes in the laws governing those
townships, to permit any
township, for specified purposes, to issue securities or change the
provisions for issuing debt,
to change the composition and voting practices of county
planning commissions, and to change the Subdivision Law to
give townships notice of proposed changes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.14, 133.09, 309.09, 504.01,
504.02, 504.03, 504.04, 504.12, 504.13, 504.14, 504.16,
504.17, 504.18, 504.19, 505.261, 505.262, 505.264, 505.37, 505.701, 709.50,
711.05, 711.10, 713.22,
1901.026, 2921.421, 3737.46, 3767.03, 4301.28, 5543.01,
5543.09, 5549.02, and 5573.01 be amended and sections 504.20 and
5549.021 of the Revised Code be enacted to read as
follows:
Sec. 109.14. When requested by them, the attorney general shall advise the
prosecuting attorneys of the several counties respecting their duties in all
complaints, suits, and controversies in which the state is, or may be a
party, and shall advise the township law director of a township that
has adopted the A limited self-government form of
township HOME RULE government under Chapter 504. of the Revised
Code.
Sec. 133.09. A (A) UNLESS IT IS A TOWNSHIP THAT HAS
ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF THE
REVISED CODE, A township shall not incur net
indebtedness that exceeds an
amount equal to five per cent of its tax valuation, and, except as
specifically authorized by section 505.262 of the Revised Code or other laws,
shall not incur any net indebtedness unless authorized by vote of the
electors.
(B) A TOWNSHIP THAT
HAS ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER
CHAPTER 504. of the Revised Code SHALL NOT INCUR NET
INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO TEN AND ONE-HALF
PER CENT OF ITS TAX VALUATION, OR INCUR WITHOUT A VOTE OF THE
ELECTORS NET INDEBTEDNESS THAT EXCEEDS AN AMOUNT EQUAL TO FIVE
AND ONE-HALF PER CENT OF THAT TAX VALUATION. IN CALCULATING THE
NET INDEBTEDNESS OF A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME
RULE GOVERNMENT, NONE OF THE FOLLOWING SECURITIES SHALL BE
CONSIDERED:
(1) SELF-SUPPORTING SECURITIES ISSUED FOR ANY
PURPOSE;
(2) SECURITIES ISSUED FOR THE PURPOSE OF PURCHASING,
CONSTRUCTING, IMPROVING, OR EXTENDING WATER OR SANITARY OR
SURFACE AND STORM WATER SEWERAGE SYSTEMS OR FACILITIES, OR A
COMBINATION OF THOSE SYSTEMS OR FACILITIES, TO THE EXTENT THAT
AN AGREEMENT ENTERED INTO WITH ANOTHER SUBDIVISION REQUIRES THE
OTHER SUBDIVISION TO PAY TO THE TOWNSHIP AMOUNTS EQUIVALENT TO
DEBT CHARGES ON THE SECURITIES;
(3) SECURITIES THAT ARE NOT GENERAL OBLIGATIONS OF THE
TOWNSHIP;
(4) VOTED SECURITIES ISSUED FOR THE PURPOSES OF
REDEVELOPMENT TO THE EXTENT THAT THEIR PRINCIPAL AMOUNT DOES NOT
EXCEED AN AMOUNT EQUAL TO TWO PER CENT OF THE TAX VALUATION OF
THE TOWNSHIP;
(5) SECURITIES ISSUED FOR THE PURPOSE OF ACQUIRING OR
CONSTRUCTING ROADS, HIGHWAYS, BRIDGES, OR VIADUCTS, OR FOR THE
PURPOSE OF ACQUIRING OR MAKING OTHER HIGHWAY PERMANENT
IMPROVEMENTS, TO THE EXTENT THAT THE RESOLUTION OF THE BOARD OF TOWNSHIP
TRUSTEES AUTHORIZING THE ISSUANCE OF THE SECURITIES INCLUDES A COVENANT
TO APPROPRIATE FROM MONEY DISTRIBUTED TO THE TOWNSHIP UNDER
CHAPTER 4501., 4503.,
4504., OR 5735. of the Revised Code A SUFFICIENT AMOUNT TO
COVER DEBT CHARGES ON AND FINANCING COSTS RELATING TO THE
SECURITIES AS THEY BECOME DUE;
(6) SECURITIES ISSUED FOR ENERGY CONSERVATION MEASURES
UNDER SECTION 505.264 of the Revised Code.
(C) In calculating the net indebtedness of a ANY
township, no obligation incurred
under division (B) of section 513.17 or under section 505.261, 505.264
or, 505.265, OR 505.37 of the Revised Code
shall be considered.
Sec. 309.09. (A) The prosecuting attorney shall be the
legal adviser of the board of county commissioners, board of
elections, and all other county officers and boards, including
all tax-supported public libraries, and any of them may require
written opinions or instructions from the prosecuting attorney in
matters connected
with their official duties. The prosecuting attorney shall
prosecute and defend all
suits and actions which any such officer or board directs or to
which it is a party, and no county officer may employ any other
counsel or attorney at the expense of the county, except as
provided in section 305.14 of the Revised Code.
(B) The prosecuting attorney shall be the legal adviser
for all township officers, boards, and commissions, unless the
township has adopted
the A limited self-government form of township HOME
RULE government pursuant to
Chapter 504. of the Revised Code and has not entered into a contract to
have the prosecuting attorney serve as the township law director, in which
case the township law
director, whether serving full-time or part-time, shall be the
legal adviser for all township officers, boards, and
commissions. When the board of
township trustees finds it advisable or necessary to have
additional legal counsel, it may employ an attorney other than the
township law director or the prosecuting attorney of the county,
either for a particular matter or on an annual basis, to
represent the township and its officers, boards, and commissions
in their official
capacities and to advise them on legal matters. No such counsel
or attorney may be employed, except on the order of the board of
township trustees, duly entered upon its journal, in which the
compensation to be paid for such THE legal services shall be
fixed. Such THE compensation shall be paid from the township
fund.
Nothing in this division confers any of the powers or
duties of a prosecuting attorney under section 309.08 of the
Revised Code upon a township law director.
(C) Whenever the board of county commissioners employs an
attorney other than the prosecuting attorney of the county,
without the authorization of the court of common pleas as
provided in section 305.14 of the Revised Code, either for a
particular matter or on an annual basis, to represent the board
of county commissioners in its official capacity and to advise it
on legal matters, the board of county commissioners shall enter
upon its journal an order of the board in which the compensation
to be paid for such THE legal services shall be fixed. The
compensation shall be paid from the county general fund. The
total compensation paid, in any year, by the board of county
commissioners for legal services under this division shall not
exceed the total annual compensation of the prosecuting attorney
for that county.
(D) The prosecuting attorney and the board of county
commissioners jointly may contract with a board of park
commissioners under section 1545.07 of the Revised Code for the prosecuting
attorney to provide legal services to the park
district the board of park commissioners operates. All moneys received
pursuant to such a THE contract shall be deposited into the
prosecuting attorney's legal services fund, which shall be established in the
county treasury of each county in which such a THE contract
exists. Moneys in
that fund may be appropriated only to the prosecuting attorney for the purpose
of providing legal services under a contract entered into under this
division.
Sec. 504.01. A TOWNSHIP THAT MEETS THE QUALIFICATIONS OF THIS
SECTION MAY ADOPT A LIMITED HOME RULE GOVERNMENT IN THE
MANNER PROVIDED IN THIS SECTION.
(A) IF A TOWNSHIP HAS
A POPULATION OF AT LEAST FIVE THOUSAND BUT LESS THAN FIFTEEN
THOUSAND IN THE UNINCORPORATED TERRITORY OF THE
TOWNSHIP, THE board of township trustees, by a majority
vote, may adopt a resolution causing the board of elections
to submit to the electors of the unincorporated area of the township
the question of whether the township should adopt the A limited
self-government form of township HOME RULE government under
which it exercises limited powers of local self-government and limited
police powers, as authorized by this chapter.
THE QUESTION SHALL BE VOTED UPON AT THE NEXT GENERAL
ELECTION OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER
CERTIFICATION OF THE RESOLUTION TO THE BOARD OF
ELECTIONS.
(B) IF A TOWNSHIP HAS
A POPULATION OF FIFTEEN THOUSAND OR MORE IN THE
UNINCORPORATED TERRITORY OF THE TOWNSHIP, THE BOARD OF TOWNSHIP
TRUSTEES, AFTER AT LEAST ONE PUBLIC HEARING, MAY DO EITHER OF THE
FOLLOWING:
(1) BY A UNANIMOUS
VOTE, ADOPT A RESOLUTION ESTABLISHING A LIMITED
HOME RULE GOVERNMENT UNDER WHICH THE TOWNSHIP EXERCISES LIMITED POWERS OF
LOCAL SELF-GOVERNMENT AND LIMITED POLICE POWERS AS AUTHORIZED BY
THIS CHAPTER. THE RESOLUTION SHALL BECOME EFFECTIVE THIRTY DAYS
AFTER THE DATE OF ITS ADOPTION UNLESS WITHIN THAT THIRTY-DAY
PERIOD THERE IS PRESENTED TO THE BOARD OF TOWNSHIP TRUSTEES A
PETITION, SIGNED BY A NUMBER OF REGISTERED ELECTORS RESIDING IN
THE UNINCORPORATED AREA OF THE TOWNSHIP EQUAL TO AT LEAST
TEN PER CENT OF THE TOTAL VOTE CAST FOR ALL CANDIDATES
FOR GOVERNOR IN THAT AREA AT THE MOST RECENT
GENERAL ELECTION AT WHICH A GOVERNOR WAS ELECTED, REQUESTING THE
BOARD OF TOWNSHIP TRUSTEES TO SUBMIT THE QUESTION OF
ESTABLISHING A LIMITED HOME RULE GOVERNMENT TO THE ELECTORS OF
THAT AREA FOR APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE
HELD ON THE DAY OF THE NEXT PRIMARY OR GENERAL ELECTION OCCURRING AT LEAST
SEVENTY-FIVE DAYS AFTER THE PETITION IS PRESENTED. EACH
PART OF THE PETITION SHALL MEET THE REQUIREMENTS SPECIFIED IN
SECTION 3501.38 of the Revised Code. UPON TIMELY RECEIPT OF
THE PETITION, THE BOARD OF TOWNSHIP TRUSTEES SHALL ADOPT A
RESOLUTION CAUSING THE BOARD OF ELECTIONS TO SUBMIT TO THE
ELECTORS OF THE UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION
OF WHETHER THE TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE
GOVERNMENT.
(2) BY A MAJORITY VOTE, ADOPT A RESOLUTION CAUSING THE
BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE
UNINCORPORATED AREA OF THE TOWNSHIP THE QUESTION OF WHETHER THE
TOWNSHIP SHOULD ADOPT A LIMITED HOME RULE GOVERNMENT UNDER WHICH
IT EXERCISES LIMITED POWERS OF LOCAL SELF-GOVERNMENT AND LIMITED
POLICE POWERS, AS AUTHORIZED BY THIS CHAPTER. THE QUESTION
SHALL BE VOTED UPON AT THE NEXT GENERAL ELECTION OCCURRING AT
LEAST SEVENTY-FIVE DAYS AFTER CERTIFICATION OF THE RESOLUTION TO
THE BOARD OF ELECTIONS.
IF THE POPULATION OF THE UNINCORPORATED TERRITORY OF ANY TOWNSHIP THAT
ADOPTS A LIMITED HOME RULE
GOVERNMENT UNDER DIVISION (B) OR (D) OF THIS SECTION
IS FIFTEEN THOUSAND OR MORE, THE TOWNSHIP SHALL BE CALLED AN "URBAN
TOWNSHIP."
(C) TOWNSHIPS WITH A POPULATION OF LESS THAN FIVE THOUSAND IN THE
UNINCORPORATED TERRITORY OF THE TOWNSHIP ARE NOT PERMITTED TO ADOPT A LIMITED
HOME RULE GOVERNMENT.
The (D) IF A TOWNSHIP MEETS THE POPULATION REQUIREMENTS
OF DIVISION (A) OR (B) OF THIS SECTION, THE electors of
the unincorporated area of a THE township may
petition the board of township trustees to adopt a resolution
causing the board of elections to submit to the electors the
question of whether the township should adopt the A limited
self-government form of HOME RULE government. Upon receipt of a
petition
signed by ten per cent of the electors of the unincorporated area
of the township, as determined by the total number of votes cast
in that territory AREA for the office of governor at the
preceding MOST RECENT
general election for that office, the board of township trustees
of the township shall adopt such a THE resolution. The
question
shall be voted upon at the next general election occurring at
least seventy-five days after the certification of the resolution
to the board of elections.
Sec. 504.02. (A) After certification of a resolution as
provided in DIVISION (A), (B), OR (D) OF
section 504.01 of
the Revised Code, the board of
elections shall submit the question of whether to adopt the A
limited self-government form of township HOME RULE government to
the electors of the unincorporated area of the township, and the
ballot language shall be substantially as follows:
"Shall the township of ........... (name) adopt the A limited
self-government (also known as home rule) form of
township government, under which form GOVERNMENT the board
of township trustees, by resolution, may exercise limited
powers of local self-government and limited police powers?
...... | For adoption of the A limited self-government (also
known as home rule) form of government |
...... | Against adoption of the A limited self-government (also
known as home rule) form of government" |
(B) At least forty-five days before the election on this
question the board of township trustees shall have notice of the
election and a description of the proposed limited
self-government form of HOME RULE government published in a
newspaper of general circulation in the township for three consecutive weeks
and have the notice and description posted in five conspicuous
places in the unincorporated area of the township.
(C) If a majority of the votes cast on the proposition of
adopting the A limited self-government form of township
HOME RULE government is in the affirmative, such form
THAT GOVERNMENT is adopted and becomes the form of government of
the
township on the first day of January
immediately following the election.
Sec. 504.03. (A)(1) If the A limited self-government form
of township HOME RULE government is adopted pursuant to section
504.02 of
the Revised Code, it shall remain in effect for at least three
years except as otherwise provided in division (B) of this
section. At the end of that period, if the board of township
trustees determines that such form of THAT government is not in
the
best interests of the township, it may adopt a resolution causing
the board of elections to submit to the electors of the
unincorporated area of the township the question of whether the
township should continue the limited self-government form of
township HOME RULE government. The question shall be voted upon at
the
next general election occurring at least seventy-five days after
the certification of the resolution to the board of elections. After
certification of such a THE resolution, the board of
elections
shall submit the question to the electors of the unincorporated
area of the township, and the ballot language shall be
substantially as follows:
"Shall the township of ........... (name) continue the
limited self-government (also known as home rule) form of
township government, under which it is operating?
| For continuation of the limited self-government (also known as
home rule) form of government |
| Against continuation of the limited self-government (also known
as home rule) form of government" |
(2) At least forty-five days before the election on the
question of continuing the limited self-government form of HOME
RULE government, the board of township trustees shall have notice of
the election published in a newspaper of general circulation in
the township for three consecutive weeks and have the notice
posted in five conspicuous places in the unincorporated area of
the township.
(B) The electors of a township that has adopted the A
limited self-government form of HOME RULE government, at any
time may propose AT ANY TIME by initiative petition, in accordance
with section 504.14
of the Revised Code, a resolution submitting to the electors in
the unincorporated area of the township, in an election, the
question set forth in division (A)(1) of this section.
(C) If a majority of the votes cast under division (A) or
(B) of this section on the proposition of continuing the limited
self-government form of township HOME RULE government is in the
negative, such form of THAT government is terminated effective
on the first
day
of January immediately following the election, and the A
limited
self-government form of HOME RULE government shall not be
adopted in the unincorporated area of the township pursuant to section 504.02
of
the Revised Code for at least three years after that date.
(D) If the A limited self-government form of township
HOME RULE government is terminated pursuant to this section, the board
of township trustees immediately shall adopt a resolution repealing
all resolutions adopted pursuant to this chapter that are not
authorized by any other section of the Revised Code outside this
chapter, effective on the first day of January immediately
following the election described in division (A) or (B) of this
section. However, no resolution adopted under this division shall affect or
impair the obligations of the township under any security issued or contracts
entered into by the township in connection with the financing of any water
supply facility OR SEWER IMPROVEMENT under sections 504.18 and
504.19 TO 504.20 of
the Revised Code or the authority of the township to
collect or enforce any assessments, or other revenues constituting
security
for or source of payments of debt service charges of such THOSE
securities.
Sec. 504.04. (A) A township that adopts the A limited
self-government form of HOME RULE government, by
resolution, may do all of the following BY RESOLUTION, provided
that any such resolution OF THESE RESOLUTIONS, other than a
resolution to
supply water OR SEWER SERVICES in accordance with sections 504.18
and
504.19 TO 504.20 of the Revised
Code, may be enforced only by the imposition of civil fines as authorized in
this chapter:
(1) Exercise all powers of local self-government within
the unincorporated area of the township, other than powers that
are in conflict with general laws, except that the township shall
comply with the requirements and prohibitions of this chapter,
and shall enact no taxes other than those authorized by general
law, and except that no resolution adopted pursuant to this
chapter shall encroach upon the powers, duties, and privileges of
elected township officers or change, alter, combine, eliminate,
or otherwise modify the form or structure of the township
government unless the change is required by this chapter;
(2) Adopt and enforce within the unincorporated area of
the township such local police, sanitary, and other similar
regulations as THAT are not in conflict with general laws or
otherwise
prohibited by division (B) of this section;
(3) Supply water AND SEWER SERVICES to users within the unincorporated
area of the township in accordance with sections 504.18 and 504.19
TO 504.20 of the
Revised Code.
(B) No resolution adopted pursuant to this chapter shall DO ANY OF THE
FOLLOWING:
(1) Create a criminal offense or impose criminal
penalties, EXCEPT AS AUTHORIZED BY DIVISION (A) OF THIS
SECTION;
(2) Impose civil fines other than as authorized by this
chapter;
(3) Establish or revise subdivision regulations, road
construction standards, sewer regulations, urban
sediment rules, or storm water and drainage regulations;
(4) Establish or revise building standards, building
codes, and other standard codes except as provided in section
504.13 of the Revised Code;
(5) Increase, decrease, or otherwise alter the powers or
duties of a township under any other chapter of the Revised Code
relative PERTAINING to agriculture or the conservation or
development of
natural resources;
(6) Establish regulations affecting hunting, trapping,
fishing, or the possession, use, or sale of firearms;
(7) Establish or revise water OR SEWER regulations,
except in accordance with sections
504.18 and 504.19 of the Revised Code.
Nothing in this chapter shall be construed as affecting the
powers of counties with regard to the subjects listed in
divisions (B)(3) to (5) of this section.
(C) Under the A limited self-government form of township
HOME RULE government, all officers shall have the
qualifications, and be
nominated, elected, or appointed, as provided in Chapter 505. of
the Revised Code, except that the board of township trustees
shall appoint a full-time or part-time law director pursuant
to section 504.15 of the Revised Code.
(D) In case of conflict between resolutions enacted by a
board of township trustees and municipal ordinances or
resolutions, the ordinance or resolution enacted by the municipal
corporation prevails. In case of conflict between resolutions
enacted by a board of township trustees and any county
resolution, the resolution enacted by the board of township
trustees prevails.
Sec. 504.12. No resolution and no section or numbered or
lettered division of a section shall be revised or amended unless
the new resolution contains the entire resolution, section, or
division as revised or amended, and the resolution, section, or
division so amended shall be repealed. This requirement does not
prevent the amendment of a resolution by the addition of a new
section, or division, and in this case the full text of the
former resolution need not be set forth, nor does this section
prevent repeals by implication. Except in the case of a
codification or recodification of resolutions, a separate vote
shall be taken on each resolution proposed to be amended.
Resolutions that have been introduced and have received their
first reading or their first and second readings, but have not
been voted on for passage, may be amended or revised by a
majority vote of the members of the board of township trustees,
and the amended or revised resolution need not receive additional
readings.
The board of township trustees of a limited self-government HOME
RULE township may revise, codify, and publish in book form, the
resolutions of the township in the same manner as provided in
section 731.23 of the Revised Code for municipal corporations.
Resolutions adopted by the board shall be published in the same
manner as provided by sections 731.21, 731.22, 731.24, 731.25,
and 731.26 of the Revised Code for municipal corporations, except
that they shall be published in newspapers circulating within the
township. The clerk of the township shall perform the duties
that the clerk of the legislative authority of a municipal
corporation is required to perform under those sections.
Sec. 504.13. (A) The EXCEPT AS PROVIDED IN DIVISION (B)
OF THIS SECTION, THE board of township trustees of a
township that adopts the A limited self-government form
of HOME RULE government may ADOPT, by resolution,
adopt building codes
and other
standard codes promulgated by the state, or any department,
board, or other agency of the state, or any code prepared and
promulgated by a public or private organization that publishes a
model or standard code, including, but not limited to, a
plumbing
code, electrical code, refrigeration machinery code, piping code,
boiler code, heating code, air conditioning code, or any code
pertaining to fire, fire hazards, and fire prevention. Any codes
adopted pursuant to this section shall be adopted in the manner
provided for in section 505.75 of the Revised Code and shall be
made available as required in section 505.76 of the Revised Code.
(B)(1) In a county in which the board of county
commissioners adopts a code as described in division (A) of this
section, no NO township that adopts the limited
self-government HOME
RULE form of government shall adopt such a code DESCRIBED IN
DIVISION (A) OF THIS SECTION IN ANY COUNTY THAT HAS ADOPTED A CODE
DEALING WITH THE SAME MATTER TO BE REGULATED.
(2) If a board of township trustees in a township that
adopts the A limited self-government form of HOME
RULE government adopts a code as described in
division (A) of this section and the board of county
commissioners of the county in which the township is
located subsequently adopts a code dealing with the
same matter
to be regulated, the code adopted by the board of township
trustees shall be of no effect one year after the effective date
of the code adopted by the board of county commissioners or at an
earlier date, as determined by the board of township
trustees.
Sec. 504.14. In a township that adopts the A limited
self-government form of HOME RULE government, resolutions may be
proposed by initiative petition by the electors in the unincorporated area of
the
township and adopted by election by these electors, and
resolutions adopted by the board of township trustees may be
submitted to these electors for their approval or rejection by
referendum, under the same circumstances and in the same manner
as provided by sections 731.28 to 731.40 of the Revised Code for
municipal corporations, except that BOTH OF THE FOLLOWING APPLY:
(A) Initiative and referendum petitions shall be filed
with the township clerk, who shall perform those THE duties
imposed
under such THOSE sections upon the city auditor or village
clerk.
(B) Initiative and referendum petitions shall contain the
signatures of not less than ten per cent of the total number of
electors in the unincorporated area of the township who voted for
the office of governor at the preceding MOST RECENT general
election for that
office in that area of the township.
Sec. 504.16. (A) Each township that adopts the A limited
self-government form of township HOME RULE government shall
promptly do one of the following:
(1) Establish a police district pursuant to section 505.48
of the Revised Code, except that the district shall include all
of the unincorporated area of the township and no other
territory;
(2) Establish a joint township police district pursuant to
section 505.481 of the Revised Code;
(3) Contract pursuant to section 311.29, 505.43, or 505.50
of the Revised Code to obtain police protection services,
including the enforcement of township resolutions adopted under
this chapter, or ON a regular basis.
(B) A township that has taken an action described in
division (A) of this section before adopting the A limited
self-government form of township HOME RULE government need not
take any other such action upon adopting that form GOVERNMENT.
(C) The requirement that a township take one of the
actions described in divisions (A)(1), (2), and (3) of this
section does not prevent a township that acts under division
(A)(1) or (2) of this section from contracting under division
(A)(3) of this section to obtain additional police protection
services on a regular basis.
Sec. 504.17. The establishment of the A limited
self-government form of township HOME RULE government does not
affect any act done, ratified, or affirmed, or any contract or other right
or obligation accrued or established, or any action, prosecution,
or proceeding, civil or criminal, pending at the time this change
in form of government takes effect. The establishment of the
A
limited self-government form of township HOME RULE government
does not affect any cause of action, prosecutions, or proceedings existing
at the time it takes effect. Rights that attach to any act of
the township, and actions, prosecutions, or proceedings may be
prosecuted and continued, or instituted and prosecuted against,
by, or before the department having jurisdiction or power of the
subject matter to which such THE right, action, prosecution, or
proceedings pertain.
All rules and orders lawfully promulgated prior to the
establishment of the A limited self-government form of
township HOME RULE government in the township continue in force and
effect until
amended or rescinded in accordance with this chapter.
Sec. 504.18. (A) As used in this section and in section
SECTIONS
504.19 AND 504.20 of the Revised Code, "water supply
facilities" means all
buildings, facilities, and pipelines acquired, constructed, or
operated by or leased to a township, or to be acquired,
constructed, or operated by or leased to a township, that the
board of township trustees considers necessary for the storage,
transportation, or treatment of water resources and the operation
of facilities which THAT supply water, together with all
property
rights, easements, and interests in real or personal property
that may be required for the operation of the facilities.
(B) For the purpose of supplying water OR SEWER SERVICES to
users within the
unincorporated area of the township, the board of township
trustees by resolution may acquire, construct, maintain, improve,
repair, operate, and pay all or any part of the costs of water
supply facilities. The board may provide such A
supply
of water OR SEWER SERVICES by contract with any municipal corporation,
COUNTY SEWER DISTRICT, OR REGIONAL WATER AND SEWER DISTRICT or any
person, firm, or
private corporation furnishing a public water supply OR SEWER SERVICES
within or
outside its THE township. If the best interests of the
township and
the users of the water supply facility so require,
the board may sell or otherwise dispose of the water supply facility.
(C) To pay all or any part of the costs of A water supply
facilities OR SEWER SERVICES UNDER THIS SECTION OR SECTION 504.19
of the Revised Code, the board OF TOWNSHIP TRUSTEES by resolution may levy special
assessments upon lots and lands in the township benefiting from the water
supply facilities OR SEWER IMPROVEMENTS and may issue unvoted
securities
in anticipation of the levy or collection of those special
assessments in accordance with Chapter 133. of the Revised Code.
At the discretion of the board, assessments may be levied by one
of the following methods:
(1) By a percentage of the tax value of the property
assessed;
(2) In proportion to the benefits that result from the
improvement IMPROVEMENTS;
(3) By the front footage of the property bounding and
abutting the improvements.
(D) For the purpose of paying costs of constructing or
otherwise improving a water supply facility and
paying debt service charges on voted or unvoted securities of the township
issued for such purposes, and for paying costs of operating and
maintaining a water supply facility, the board may
charge, alter and collect rents and other charges for the use of services of a
water supply facility, which rents and charges if
not paid when due may be certified by the township clerk to the county
auditor,
who shall place the same on the tax duplicate to be collected as
other taxes. Those rents and charges are a lien on the property
served from and after the date of entry by the county auditor on
the tax duplicate.
(E) The costs of constructing or otherwise improving a
water supply facility may include any of the
following:
(1) The purchase price of real estate or any interest
therein;
(2) The cost of preliminary and other surveys;
(3) The cost of preparing plans, specifications, profiles,
and estimates;
(4) The cost of printing, serving, and publishing notices
and any required legislation;
(5) The cost of all special proceedings;
(6) The cost of labor and material, whether furnished by
contract or otherwise;
(7) Interest on bonds or notes issued in anticipation of
the levy or collection of special assessments;
(8) The total amount of damages resulting from the project
that are assessed in favor of any owners of lands affected by the
project and any interest thereon;
(9) The cost incurred in connection with the preparation,
levy, and collection of the special assessments, including legal
expenses incurred by reason of the project;
(10) All contract construction costs;
(11) Incidental costs connected with the project.
(F) The board may make any contract for the purchase of
supplies or material or for labor for any work in connection with
the water supply facilities in the manner provided in
section 6119.10 of the Revised Code.
(G) The board may adopt, amend, rescind, publish,
administer, and enforce rules for the construction, maintenance,
operation, protection, and use of the water supply facilities
as are considered necessary and advisable. The rules shall not
be inconsistent with the laws of the state or the rules of the
environmental protection agency. The board may enforce the rules
by mandamus, injunction, or other legal remedy.
Sec. 504.19. (A) The board of township trustees may
prepare and adopt a general plan of water supply OR SEWER SERVICES.
After the general plan has been approved by the board, the
BOARD IMMEDIATELY SHALL NOTIFY
THE BOARD OF COUNTY COMMISSIONERS IF TERRITORY SERVED BY A COUNTY WATER SUPPLY
FACILITY OR A COUNTY SEWER DISTRICT INCLUDES TERRITORY TO BE COVERED BY THE
PLAN, THE LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION THAT OPERATES A
WATER SUPPLY OR SEWER SYSTEM IN ANY OF THE TERRITORY TO BE COVERED BY THE
PLAN, AND THE BOARD OF TRUSTEES OF ANY EXISTING REGIONAL WATER AND SEWER
DISTRICT
THAT INCLUDES ANY TERRITORY TO BE COVERED BY THE PLAN,
OF THE TOWNSHIP'S
INTENTION TO PROVIDE WATER SUPPLY OR SEWER SERVICES AND SHALL DESCRIBE THE
AREA WHERE
THE TOWNSHIP PROPOSES TO PROVIDE WATER SUPPLY OR SEWER SERVICES. THE
NOTIFIED BOARD OF
COUNTY COMMISSIONERS, LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION,
AND BOARD OF TRUSTEES
OF THE REGIONAL WATER AND SEWER DISTRICT THEN HAVE THIRTY
DAYS FROM THE DATE OF NOTIFICATION TO COMMENT AND OBJECT IN WRITING TO THE
TOWNSHIP'S PROVISION OF WATER SUPPLY OR SEWER SERVICES. AN OBJECTION MAY BE
BASED ON ONE OR MORE OF THE FOLLOWING:
(1) THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT
ALREADY PROVIDES
THE PROPOSED WATER SUPPLY OR SEWER SERVICES TO THE AREA TO BE SERVED.
(2) THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT HAS IN
ITS SERVICE
PLAN PROVISIONS TO PROVIDE THE PROPOSED WATER SUPPLY OR SEWER SERVICES IN
THE FUTURE TO THE PROPOSED AREA WITHIN A REASONABLE PERIOD OF
TIME.
WITHIN FIFTEEN DAYS AFTER RECEIVING OBJECTIONS, THE BOARD
OF TOWNSHIP TRUSTEES MAY REQUEST IN WRITING SUBMITTED TO THE OBJECTING
PARTY THAT THE ISSUE OF THE TOWNSHIP'S PROVISION OF THE
PROPOSED WATER SUPPLY OR SEWER SERVICES BE MEDIATED. THE MEDIATION SHALL BE
PERFORMED
EITHER BY THE OHIO COMMISSION ON DISPUTE RESOLUTION AND CONFLICT
MANAGEMENT OR BY HAVING EACH PARTY SELECT A MEDIATOR AND HAVING THOSE TWO
MEDIATORS SELECT A THIRD MEDIATOR WHO, TOGETHER WITH THE OTHER TWO MEDIATORS,
SHALL CONDUCT
THE MEDIATION.
WITHIN FORTY-FIVE DAYS AFTER THE
REQUEST FOR MEDIATION IS SUBMITTED, ANY MEDIATION SHALL BE COMPLETED, AND ANY
AGREEMENTS REACHED BETWEEN THE PARTIES SHALL BE FILED IN WRITING
WITH THE PARTIES. THEREAFTER, THE RESPECTIVE GOVERNING BOARDS
MAY ADOPT THE AGREEMENTS, MAKING THOSE AGREEMENTS BINDING ON THE
PARTIES, OR, IF ONE OR MORE OF THE AGREED-UPON POINTS IS
REJECTED, THAT REJECTION SHALL BE CONSIDERED A FINAL DECISION OF
A GOVERNING BOARD FOR PURPOSES OF CHAPTER 2506. OF THE
REVISED
CODE, AND THE BOARD OF TOWNSHIP TRUSTEES MAY FILE AN APPEAL UNDER
THAT CHAPTER REGARDING ITS PROVISION OF THE PROPOSED WATER SUPPLY OR SEWER
SERVICES. IN ADDITION TO ANY FINDINGS OF THE COURT PROVIDED IN
SECTION 2506.04 OF THE REVISED
CODE, THE COURT MAY DETERMINE
THAT THE COUNTY, MUNICIPAL CORPORATION, OR SPECIAL DISTRICT HAS NOT MET
THE CRITERIA SPECIFIED IN
DIVISIONS (A)(1) AND
(2) OF THIS SECTION AND,
THEREFORE, THE TOWNSHIP MAY PROVIDE ITS PROPOSED WATER SUPPLY OR SEWER
SERVICES OR, IN
THE ALTERNATIVE, MAY DETERMINE THAT THE TOWNSHIP COULD PROVIDE
THE PROPOSED WATER SUPPLY OR SEWER SERVICES MORE EXPEDIENTLY THAN THE COUNTY,
MUNICIPAL CORPORATIONS,
OR SPECIAL
DISTRICT WITH NO SUBSTANTIAL INCREASE IN COST TO THE USERS OF
THE WATER SUPPLY OR SEWER SERVICES AND, THEREFORE, ORDER THAT THE TOWNSHIP
MAY PROVIDE
ITS PROPOSED WATER SUPPLY OR SEWER SERVICES.
(B) ONCE THE BOARD
HAS APPROVED A GENERAL PLAN OF WATER SUPPLY OR SEWER SERVICES
UNDER DIVISION (A) OF THIS
SECTION, THE board shall hire
an engineer to prepare detailed plans, specifications, and
estimates of the cost of the improvement IMPROVEMENTS, together
with a
tentative assessment of the cost based on such THE estimates.
The
tentative assessment shall be for the information of property
owners, and shall not be certified to the county auditor for
collection. The detailed plans, specifications, estimates of
cost, and tentative assessment, as prepared by the engineer and
approved by the board, shall be preserved in the office of the
board and shall be open to inspection of all persons interested
in the improvements.
(B) The (C) ONCE IT HAS BEEN DETERMINED UNDER DIVISION
(A) OF THIS SECTION THAT A TOWNSHIP MAY PROVIDE ITS PROPOSED
WATER SUPPLY OR SEWER SERVICES, THE board may condemn for the use of the
township any
public or private land, easement, rights, rights-of-way,
franchises, or other property within or outside the township
required by it for the accomplishment of its purposes according
to the procedure set forth in sections 163.01 to 163.22 of the
Revised Code. The engineer hired by the board may enter upon any
public or private property for the purpose of making surveys and
examinations necessary for the design or examination of water
supply OR SEWER facilities. No person shall forbid or interfere with
the engineer or his THE ENGINEER'S authorized assistants
entering upon property for
these purposes. If actual damage is done to property by the
making of a survey and examination, the board shall pay the
reasonable value of the damage to the owner of the property
damaged, and the cost shall be included in the assessment upon the
property benefited by the improvement.
(C)(D) As soon as all questions of compensation and damages
have been determined for any water supply facilities OR SEWER SERVICES
improvement project, the board shall cause to be made an estimated
assessment, upon the lots and lands to be assessed, of such part
of the compensation, damages, and costs of the improvement as is
to be specially assessed according to the method specified by
resolution of the board. The schedule of the assessments shall
be filed with the township clerk for the inspection of interested
persons. Before adopting the estimated assessment, the board
shall cause written notice to be sent to the owners of all lots
and lands to be assessed that the assessment has been made and is
on file with the township clerk, and the date when objections to
the assessment will be heard. Such objections OBJECTIONS shall
be filed in
writing with the board before the date of the hearing. If any
objections are filed, the board shall hear them and act as an
equalizing board, and may change the assessments if, in its
opinion, any change is necessary to make the assessments just and
equitable. The board shall adopt a resolution approving and
confirming the assessments as reported to or modified by the
board.
(D)(E) The resolution levying the assessments shall apportion
the cost among the benefited lots and lands in the manner
provided by the board by resolution. The board shall certify the
amounts to be levied upon each lot or parcel of land to the
county auditor, who shall enter the amounts on the tax duplicate,
to be collected as other taxes. The principal shall be payable
in not more than forty semiannual installments, as determined by
the board. Any assessment in the amount of twenty-five dollars
or less, or of which the unpaid balance is twenty-five dollars or
less, shall be paid in full and not in installments, at the time
the first or next installment otherwise would become due and
payable. Assessments are a lien upon the respective lots or
parcels of land assessed from the date of adoption of the
resolution under division (C)(D) of this section. In the
event
that IF
bonds are issued to pay the compensation, damages, and the costs
of an improvement, the principal amount of the assessment shall
be payable in such number of semiannual installments and in such
amounts as the board determines to be necessary to provide a fund
for the payment of the principal of and interest on the bonds and
shall bear interest from the date of THE ISSUANCE OF THE BONDS and at
the same rate as the
bonds.
(E)(F) Any owner of property to be assessed for any water
supply facilities OR SEWER SERVICES improvement project, or other
person aggrieved by the action of the board in regard to any water supply
facilities OR SEWER SERVICES improvement project, may appeal to the
court of common pleas, in the manner prescribed by Chapter 2506. of the
Revised Code.
(F)(G) When collected, the assessments shall be paid by the
county auditor by warrant of the county treasurer into a special
fund in the township treasury created for the purpose of
constructing, improving, maintaining, and operating water supply
facilities OR SEWER IMPROVEMENTS. The board may expend moneys from the
fund only for the purposes for which the assessments were levied.
Sec. 504.20. (A) FOR THE PURPOSE OF
SUPPLYING WATER AND PROVIDING SEWER SERVICES TO USERS WITHIN THE
UNINCORPORATED AREA OF THE TOWNSHIP UNDER A PLAN ADOPTED
PURSUANT TO SECTION 504.19 OF THE REVISED
CODE, THE BOARD OF TOWNSHIP
TRUSTEES BY RESOLUTION MAY ACQUIRE, CONSTRUCT, MAINTAIN,
IMPROVE, REPAIR, OPERATE, AND PAY ALL OR ANY PART OF THE COSTS
OF WATER SUPPLY FACILITIES OR SEWER IMPROVEMENTS. IF THE BEST
INTERESTS OF THE TOWNSHIP AND THE USERS OF THE WATER SUPPLY
FACILITIES OR SEWER SERVICES SO REQUIRE, THE BOARD MAY SELL OR
OTHERWISE DISPOSE OF A WATER SUPPLY FACILITY OR SEWER
IMPROVEMENT.
(B) TO COVER THE
COSTS OF ACQUIRING, CONSTRUCTING, MAINTAINING, IMPROVING, REPAIRING, OR
OPERATING A WATER SUPPLY FACILITY OR SEWER IMPROVEMENT, THE
BOARD MAY ISSUE GENERAL OBLIGATION BONDS OF THE TOWNSHIP IN
ACCORDANCE WITH CHAPTER 133. OF
THE REVISED
CODE, FOR WHICH THE FULL FAITH
AND CREDIT OF THE TOWNSHIP SHALL BE PLEDGED.
(C) FOR THE PURPOSE
OF PAYING COSTS OF CONSTRUCTING OR OTHERWISE IMPROVING A WATER
SUPPLY FACILITY OR SEWER IMPROVEMENT AND PAYING DEBT SERVICE
CHARGES ON VOTED OR UNVOTED SECURITIES OF THE TOWNSHIP ISSUED
FOR THOSE PURPOSES, AND FOR PAYING COSTS OF OPERATING, REPAIRING, AND
MAINTAINING A WATER SUPPLY FACILITY OR SEWER IMPROVEMENT, THE BOARD
MAY CHARGE, ALTER, AND COLLECT RENTS AND OTHER CHARGES FOR THE
USE OF SERVICES OF A WATER SUPPLY FACILITY OR SEWER IMPROVEMENT,
WHICH RENTS AND CHARGES IF NOT PAID WHEN DUE MAY BE CERTIFIED BY
THE TOWNSHIP CLERK TO THE COUNTY AUDITOR, WHO SHALL PLACE THE
SAME ON THE TAX DUPLICATE TO BE COLLECTED AS OTHER TAXES. THOSE
RENTS AND CHARGES ARE A LIEN ON THE PROPERTY SERVED FROM AND
AFTER THE DATE OF ENTRY BY THE COUNTY AUDITOR ON THE TAX
DUPLICATE.
(D) THE COSTS OF
CONSTRUCTING OR OTHERWISE IMPROVING A WATER SUPPLY FACILITY OR
SEWER IMPROVEMENT MAY INCLUDE ANY OF THE FOLLOWING:
(1) THE PURCHASE PRICE OF REAL ESTATE OR ANY INTEREST
IN REAL ESTATE;
(2) THE COST OF PRELIMINARY AND OTHER SURVEYS;
(3) THE COST OF PREPARING PLANS,
SPECIFICATIONS, PROFILES, AND ESTIMATES;
(4) THE COST OF PRINTING, SERVING, AND PUBLISHING
NOTICES AND ANY REQUIRED LEGISLATION;
(5) THE COST OF ALL SPECIAL PROCEEDINGS;
(6) THE COST OF LABOR AND MATERIAL, WHETHER FURNISHED
BY CONTRACT OR OTHERWISE;
(7) INTEREST ON BONDS OR NOTES ISSUED IN ANTICIPATION
OF THE LEVY OR COLLECTION OF SPECIAL ASSESSMENTS;
(8) THE TOTAL AMOUNT OF DAMAGES RESULTING FROM THE
PROJECT THAT ARE ASSESSED IN FAVOR OF ANY OWNERS OF LANDS
AFFECTED BY THE PROJECT AND ANY INTEREST ON THOSE DAMAGES;
(9) THE COST INCURRED IN CONNECTION WITH THE
PREPARATION, LEVY, AND COLLECTION OF THE SPECIAL ASSESSMENTS,
INCLUDING LEGAL EXPENSES INCURRED BY REASON OF THE
PROJECT;
(10) ALL CONTRACT CONSTRUCTION COSTS;
(11) INCIDENTAL COSTS CONNECTED WITH THE PROJECT.
(E) THE BOARD MAY
ADOPT, AMEND, RESCIND, PUBLISH, ADMINISTER, AND ENFORCE RULES
FOR THE CONSTRUCTION, MAINTENANCE, OPERATION, PROTECTION, AND
USE OF WATER SUPPLY FACILITIES AND SEWER SERVICES, THAT ARE
CONSIDERED NECESSARY AND ADVISABLE. THE RULES SHALL NOT BE
INCONSISTENT WITH THE LAWS OF THE STATE OR THE RULES OF THE
ENVIRONMENTAL PROTECTION AGENCY. THE BOARD MAY ENFORCE THE
RULES BY MANDAMUS, INJUNCTION, OR OTHER LEGAL REMEDY.
Sec. 505.261. To A BOARD OF TOWNSHIP TRUSTEES MAY acquire
suitable lands and materials, INCLUDING LANDSCAPE PLANTING AND
OTHER SITE IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND
RECREATIONAL EQUIPMENT AND
APPARATUS,
to
establish a township park pursuant to section 505.26 of the
Revised Code, a board of township trustees AND FOR THOSE
PURPOSES may accept a
conveyance of, purchase for cash or by installment payments,
enter into lease-purchase agreements for, lease with option to
purchase, or lease the suitable lands and materials ISSUE, SUBJECT TO
CHAPTER
133. OF THE
REVISED
CODE, SECURITIES AND
OTHER PUBLIC OBLIGATIONS AS DEFINED IN DIVISION
(GG) OF SECTION 133.01 OF THE
REVISED
CODE.
If the lands or materials are purchased, the board may pay
for them over a period of four THIRTY years from the date of
purchase,
and may issue the notes SECURITIES of the township covering the
deferred
payments and payable at the times provided
PURSUANT TO DIVISION
(B)(3)(c)
OF SECTION 133.20 OF THE
REVISED
CODE. IF MATERIALS, INCLUDING LANDSCAPE PLANTING OR OTHER
SITE
IMPROVEMENT MATERIALS AND PLAYGROUND, ATHLETIC, AND RECREATIONAL
EQUIPMENT AND APPARATUS, ARE PURCHASED, THE BOARD MAY ISSUE
SECURITIES OF THE TOWNSHIP FOR THAT PURPOSE HAVING A MAXIMUM
MATURITY AS SPECIFIED IN DIVISION
(B)(6)(e)
OR (f) OF SECTION 133.20 OF THE
REVISED
CODE COVERING THE DEFERRED
PAYMENTS. The notes SECURITIES may bear
interest not to exceed the rate determined as provided in section
9.95 of the Revised Code. The notes SECURITIES shall not be
included in the
computation of the net indebtedness of the township under section
133.09 of the Revised Code. The
THE resolution authorizing the
issuance of the notes SECURITIES shall provide for amounts
sufficient to pay
the interest on and principal of the notes SECURITIES. For this
purpose,
the board may expend funds from the township general fund, or the
board may levy a tax, not to exceed one-half of one mill, on the
taxable property of the township for a period not to exceed four
years. The tax shall be collected as other taxes and
appropriated to pay the interest on and principal of the notes. Not
less than one-fourth of the purchase price shall be paid in
cash at the time of purchase as provided in the contract and the
remainder of the purchase price shall be paid in annual
installments of not less than one-fourth of the total purchase
price secured by notes of equal amounts SECURITIES. The
notes SECURITIES shall contain
an option for prepayment. The notes SECURITIES shall be offered
for sale on
the open market or may be given to the vendor or contractor if no
sale is made on the open market.
The board shall have surveys and plats made of the lands
acquired for a township park, and shall establish permanent
monuments on the boundaries of the lands. The plats, when
executed according to sections 711.01 to 711.38 of the Revised
Code, shall be recorded in the office of the county recorder, and
such records shall be admissible in evidence for the purpose of
locating and ascertaining the true boundaries of the park. In
furtherance of the use and enjoyment of the park lands controlled
by it, the board may accept donations of money or other property,
or may act as trustees of land, money, or other property, and use
and administer them as stipulated by the donor, or as provided in
the trust agreement. The terms of each donation or trust shall
first be approved by the court of common pleas before acceptance
by the board.
The board may receive and expend grants for park purposes
from agencies and instrumentalities of the United States or of
this state, and may enter into contracts or agreements with the
agencies and instrumentalities, or with other townships, township
park boards, municipal corporations, municipal park boards,
counties, park districts, or other similar park authorities, to
carry out the purposes for which the grants were furnished.
The board shall devise plans for the maintenance and
improvement of the park and award all contracts for maintenance
and improvement in the manner provided by the law governing
township trustees in awarding contracts for public improvements.
The board may appoint all necessary employees, fix their
compensation, and prescribe their duties. The board may prohibit
selling, giving away, or using any intoxicating liquors in the
township park, and may pass bylaws and adopt rules for the
government of the park and provide for their enforcement by fines
and penalties.
Sec. 505.262. (A) Notwithstanding division (D) of section
505.37 of the Revised Code or any other statute of this state,
the board of township trustees of any township may, by unanimous
vote, MAY adopt a resolution allowing the township to contract for
the purchase of equipment, buildings, and sites, or for the
construction of buildings, for any lawful township purpose. The
board may ISSUE, by resolution adopted by unanimous vote, issue the
notes SECURITIES of the township to finance purchases and
construction made
pursuant to this division. The notes SECURITIES shall be signed
by the
board and attested by the signature of the township clerk, and
shall be payable over a period not exceeding nine years THE MAXIMUM
MATURITY OF THOSE SECURITIES IS SUBJECT TO THE LIMITATIONS IN SECTION 133.20
OF THE REVISED CODE. The
notes SECURITIES shall bear interest not to exceed the rate
determined as
provided in section 9.95 of the Revised Code, and shall not be
subject to Chapter 133. of the Revised Code. The resolution
authorizing the issuance of the notes shall provide for levying
and collecting annually by taxation, amounts sufficient to pay
the interest on and principal of the notes. Not less than
one-tenth of the purchase price or construction cost shall be
paid in cash at the time of purchase, as provided in the
contract, and the remainder of the purchase price or construction
cost shall be paid in annual installments of not less than
one-tenth of the total purchase price or construction cost,
secured by notes of equal amounts. Notes in amounts greater than
one-tenth of the total purchase price or construction cost may be
issued. Notes may be issued for a period of nine years or less
and, if for a period of less than nine years, the notes may be
renewed from time to time, provided that any renewal shall be
paid in full no later than nine years from the date when the
initial notes were sold SECURITIES. The notes
SECURITIES may contain a clause
permitting prepayment at the option of the board. Notes
SECURITIES shall be
offered for sale on the open market or given to the vendor or
contractor if no sale is made.
(B) No purchase or construction pursuant to division (A)
of this section shall be undertaken unless the county auditor
certifies that, if the purchase or construction is undertaken,
the debt service charge for the purchase or construction in the
first year, together with the debt service charge for that same
year for any other purchase or construction already undertaken
pursuant to division (A) of this section, does not exceed
one-tenth of the township's total revenue from all sources. If
the county auditor so certifies, in every year of the debt after
the first year, the county budget commission shall include a debt
charge in the township's annual tax budget submitted pursuant to
sections 5705.01 to 5705.47 of the Revised Code sufficient to
meet the annual debt incurred pursuant to division (A) of this
section, if such debt charge is omitted from the budget.
Sec. 505.264. (A) As used in this section, "energy
conservation measure" means an installation or modification of an
installation in, or remodeling of, an existing building, to
reduce energy consumption. It includes THE FOLLOWING:
(1) Insulation of the building structure and of systems
within the building;
(2) Storm windows and doors, multiglazed windows and
doors, heat-absorbing or heat-reflective glazed and coated window
and door systems, additional glazing, reductions in glass area,
and other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such an increase
in illumination is necessary to conform to the applicable state
or local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9) Any other modification, installation, or remodeling
approved by the board of township trustees as an energy
conservation measure.
(B) For the purpose of evaluating township buildings for
energy conservation measures, a township may contract with an
architect, professional engineer, energy services company,
contractor, or other person experienced in the design and
implementation of energy conservation measures for a report that
analyzes the buildings' energy needs and presents recommendations
for building installations, modifications of existing
installations, or building remodeling that would significantly
reduce energy consumption in the buildings owned by that
township. The report shall include estimates of all costs of
such THE installations, modifications, or remodeling, including
costs
of design, engineering, installation, maintenance, and repairs,
and estimates of the amounts by which energy consumption could be
reduced.
(C) A township desiring to implement energy conservation
measures may proceed under either of the following methods:
(1) Using a report or any part of a report prepared under
division (B) of this section, advertise for bids and comply with
the bidding procedures set forth in sections 307.86 to 307.92 of
the Revised Code;
(2) Request proposals from at least three vendors for the
implementation of energy conservation measures. Prior to sending
any installer of energy conservation measures a copy of any such
request, the township shall advertise its intent to request
proposals for the installation of energy conservation measures in
a newspaper of general circulation in the township once a week
for two consecutive weeks. The notice shall state that the
township intends to request proposals for the installation of
energy conservation measures; indicate the date, which shall be
at least ten days after the second publication, on which the
request for proposals will be mailed to installers of energy
conservation measures; and state that any installer of energy
conservation measures interested in receiving the request for
proposal shall submit written notice to the township not later
than noon of the day on which the request for proposal will be
mailed.
Upon receiving the proposals the township shall analyze
them and select the proposal or proposals most likely to result
in the greatest energy savings considering the cost of the
project and the township's ability to pay for the improvements
with current revenues or by financing the improvements. The
awarding of a contract to install energy conservation measures
under division (C)(2) of this section shall be conditioned upon a
finding by the township that the amount of money spent on energy
savings measures is not likely to exceed the amount of money the
township would save in energy and operating costs over ten years
or a lesser period as determined by the township or, in the case
of contracts for cogeneration systems, over five years or a
lesser period as determined by the township. Nothing in this
section prohibits a township from rejecting all proposals or from
selecting more than one proposal.
(D) A board of township trustees may enter into an
installment payment contract for the purchase and installation of
energy conservation measures. Those ANY provisions of
such THOSE
installment payment contracts that deal with interest charges and
financing terms shall not be subject to the competitive bidding
procedures of section 307.86 of the Revised Code, and shall be on
the following terms:
(1) Not less than one-tenth of the costs of the contract
shall be paid within two years from the date of purchase.
(2) The remaining balance of the costs of the contract
shall be paid within ten years from the date of purchase or, in
the case of contracts for cogeneration systems, within five years
from the date of purchase. UNLESS
Unless otherwise approved by a resolution of the board, an
installment payment contract entered into by a board of township
trustees under this section shall require the board to contract
in accordance with the procedures set forth in section 307.86 of
the Revised Code for the installation, modification, or
remodeling of energy conservation measures pursuant to this
section.
(E) The board may issue the notes SECURITIES of the township
specifying the terms of the purchase and securing the deferred
payments provided in this section, payable at the times provided
and bearing interest at a rate not exceeding the rate determined
as provided in section 9.95 of the Revised Code.
THE MAXIMUM MATURITY OF THE SECURITIES SHALL BE AS PROVIDED IN DIVISION
(B)(6)(g) OF SECTION 133.20 of the Revised Code.
The notes SECURITIES may
contain an option for prepayment and shall not be subject to
Chapter 133. of the Revised Code. Revenues derived from local
taxes or otherwise, for the purpose of conserving energy or for
defraying the current operating expenses of the township, may be
applied to the payment of interest and the retirement of such
notes THE SECURITIES. The notes SECURITIES may be
sold at private sale or given to the
contractor under the installment payment contract authorized by
division (D) of this section.
(F) Debt incurred under this section shall not be included
in the calculation of the net indebtedness of a township under
section 133.09 of the Revised Code.
Sec. 505.37. (A) The board of township trustees may
establish all necessary rules to guard against the occurrence of
fires and to protect the property and lives of the citizens
against damage and accidents, and may, with the approval of the
specifications by the prosecuting attorney, purchase or otherwise
provide any fire apparatus, mechanical resuscitators, or other
equipment, appliances, materials, fire hydrants, and water supply
for fire-fighting purposes that seems advisable to the board.
The board shall provide for the care and maintenance of fire
equipment, and, for such THESE purposes, may purchase, lease, or
construct and maintain necessary buildings, and it may establish
and maintain lines of fire-alarm communications within the limits
of the township. The board may employ one or more persons to
maintain and operate fire-fighting equipment, or it may enter
into an agreement with a volunteer fire company for the use and
operation of fire-fighting equipment. The board may compensate
the members of a volunteer fire company on any basis and in any
amount that it considers equitable.
(B) The boards of township trustees of any two or more
townships, or the legislative authorities of any two or more
political subdivisions, or any combination thereof, may, through
joint action, unite in the joint purchase, maintenance, use, and
operation of fire-fighting equipment, or for any other purpose
designated in sections 505.37 to 505.42 of the Revised Code, and
may prorate the expense of the joint action on any terms that are
mutually agreed upon.
(C) The board of township trustees of any township may, by
resolution, whenever it is expedient and necessary to guard
against the occurrence of fires or to protect the property and
lives of the citizens against damages resulting from their
occurrence, create a fire district of any portions of the
township that it considers necessary. The board may purchase or
otherwise provide any fire apparatus, appliances, materials, fire
hydrants, and water supply for fire-fighting purposes, or may
contract for the fire protection for the fire district as
provided in section 9.60 of the Revised Code. The fire district
so created shall be given a separate name by which it shall be
known.
Additional unincorporated territory of the township may be
added to a fire district upon the board's adoption of a
resolution authorizing the addition. A municipal corporation
that is within or adjoining the township may be added to a fire
district upon the board's adoption of a resolution authorizing
the addition and the municipal legislative authority's adoption
of a resolution or ordinance requesting the addition of the
municipal corporation to the fire district.
If the township fire district imposes a tax, additional
unincorporated territory of the township or a municipal
corporation that is within or adjoining the township shall become
part of the fire district only after all of the following have
occurred:
(1) Adoption by the board of township trustees of a
resolution approving the expansion of the territorial limits of
the district and, if the resolution proposes to add a municipal
corporation, adoption by the municipal legislative authority of a
resolution or ordinance requesting the addition of the municipal
corporation to the district;
(2) Adoption by the board of township trustees of a
resolution recommending the extension of the tax to the
additional territory;
(3) Approval of the tax by the electors of the territory
proposed for addition to the district.
Each resolution of the board adopted under division (C)(2)
of this section shall state the name of the fire district, a
description of the territory to be added, and the rate and
termination date of the tax, which shall be the rate and
termination date of the tax currently in effect in the fire
district.
The board of trustees shall certify each resolution adopted
under division (C)(2) of this section to the board of elections
in accordance with section 5705.19 of the Revised Code. The
election required under division (C)(3) of this section shall be
held, canvassed, and certified in the manner provided for the
submission of tax levies under section 5705.25 of the Revised
Code, except that the question appearing on the ballot shall
read:
"Shall the territory within ........................
(description of the proposed territory to be added)
be added to ..................................... fire district,
(name)
and a property tax at a rate of taxation not exceeding ......
(here insert tax rate) be in effect for .......... (here insert
the number of years the tax is to be in effect or "a continuing
period of time," as applicable)?"
If the question is approved by at least a majority of the
electors voting on it, the joinder shall be effective as of the
first day of July of the year following approval, and on that
date, the township fire district tax shall be extended to the
taxable property within the territory that has been added. If
the territory that has been added is a municipal corporation and
if it had adopted a tax levy for fire purposes, the levy is
terminated on the effective date of the joinder.
Any municipal corporation may withdraw from a township fire
district created under division (C) of this section by the
adoption by the municipal legislative authority of a resolution
or ordinance ordering withdrawal. On the first day of July of
the year following the adoption of the resolution or ordinance of
withdrawal, the municipal corporation withdrawing ceases to be a
part of such THE district, and the power of the fire
district to levy
a tax upon taxable property in the withdrawing municipal
corporation terminates, except that the fire district shall
continue to levy and collect taxes for the payment of
indebtedness within the territory of the fire district as it was
composed at the time the indebtedness was incurred.
Upon the withdrawal of any municipal corporation from a
township fire district created under division (C) of this
section, the county auditor shall ascertain, apportion, and order
a division of the funds on hand, moneys and taxes in the process
of collection except for taxes levied for the payment of
indebtedness, credits, and real and personal property, either in
money or in kind, on the basis of the valuation of the respective
tax duplicates of the withdrawing municipal corporation and the
remaining territory of the fire district.
A board of township trustees may remove unincorporated
territory of the township from the fire district upon the
adoption of a resolution authorizing the removal. On the first
day of July of the year following the adoption of such a THE
resolution, the unincorporated township territory described in
the resolution ceases to be a part of such THE district,
and the power
of the fire district to levy a tax upon taxable property in that
territory terminates, except that the fire district shall
continue to levy and collect taxes for the payment of
indebtedness within the territory of the fire district as it was
composed at the time the indebtedness was incurred.
(D) The board of township trustees of any township, the
board of fire district trustees of a fire district created under
section 505.371 of the Revised Code, or the legislative authority
of any municipal corporation may purchase the necessary
fire-fighting equipment, buildings, and sites for the township,
fire district, or municipal corporation and pay for it over a
period of nine years ISSUE SECURITIES FOR THAT PURPOSE WITH MAXIMUM
MATURITIES AS PROVIDED IN SECTION 133.20 OF THE REVISED
CODE. The board of township trustees, board of
fire district trustees, or legislative authority may also
construct any buildings necessary to house fire-fighting
equipment and pay for the buildings over a period of nine years
ISSUE SECURITIES FOR THAT PURPOSE WITH MAXIMUM MATURITIES AS PROVIDED IN
SECTION 133.20 OF THE REVISED CODE. The board of
township trustees, board of fire district trustees,
or legislative authority may issue the notes SECURITIES of the
township,
fire district, or municipal corporation, signed by the board or
designated officer of the municipal corporation and attested by
the signature of the township, fire district, or municipal clerk,
covering such ANY deferred payments and payable at the times
provided, which notes SECURITIES shall bear interest not to
exceed the rate
determined as provided in section 9.95 of the Revised Code, and
shall not be subject to Chapter 133. of the Revised Code. The
legislation authorizing the issuance of the notes SECURITIES
shall provide
for levying and collecting annually by taxation, amounts
sufficient to pay the interest on and principal of the notes. At
least one-ninth of the purchase price or construction cost shall
be paid in cash at the time of purchase as provided in the
contract and the remainder of the purchase price or construction
cost shall be paid in not more than eight equal annual
installments. Each installment shall be not less than one-eighth
of the deferred portion of the purchase price or construction
cost and shall be secured by a note which may contain a clause
permitting prepayment at the option of the board or legislative
authority SECURITIES. The notes SECURITIES shall be
offered for sale on the open
market or given to the vendor or contractor if no sale is made.
(E) A board of township trustees of any township or a
board of fire district trustees of a fire district created under
section 505.371 of the Revised Code may purchase a policy or
policies of liability insurance for the officers, employees, and
appointees of the fire department, fire district, or joint fire
district governed by the board that includes personal injury
liability coverage as to the civil liability of such THOSE
officers,
employees, and appointees for false arrest, detention, or
imprisonment, malicious prosecution, libel, slander, defamation
or other violation of the right of privacy, wrongful entry or
eviction, or other invasion of the right of private occupancy,
arising out of the performance of their duties.
When a board of township trustees cannot, by deed of gift
or by purchase and upon terms it considers reasonable, procure
land for a township fire station that is needed in order to
respond in reasonable time to a fire or medical emergency, the
board may appropriate such land for that purpose under sections
163.01 to 163.22 of the Revised Code. If it is necessary to
acquire additional adjacent land for enlarging or improving the
fire station, the board may purchase, appropriate, or accept a
deed of gift for the land for these purposes.
(F) As used in this division, "emergency medical service
organization" has the same meaning as in section 4766.01 of the
Revised Code.
A board of township trustees, by adoption of an appropriate
resolution, may choose to have the Ohio ambulance licensing board
license any emergency medical service it operates. If the board
adopts such a resolution, Chapter 4766. of the Revised Code, except for
sections 4766.06 and 4766.99 of the Revised Code,
applies to the organization.
All rules adopted under the applicable sections of that chapter also apply
to the organization. A board of township
trustees, by adoption of an appropriate resolution, may remove
its emergency medical service organization from the jurisdiction
of the Ohio ambulance licensing board.
Sec. 505.701. The board of trustees of any township, through unanimous vote
of its membership, may designate, participate in, and cooperate with any
community improvement corporation organized under Chapter 1724. of the Revised
Code, and may give financial or other assistance, including any fees
generated
by the corporation, to such a THAT corporation to defray its
administrative
expenses. Any moneys contributed by the board for this purpose shall be drawn
from the general fund of the township not otherwise appropriated.
IN ADDITION, THE BOARD MAY PURCHASE REAL PROPERTY FOR
THE PURPOSE OF TRANSFERRING THAT PROPERTY TO THE COMMUNITY
IMPROVEMENT CORPORATION. IN ORDER TO FINANCE THE PURCHASE OF
THAT REAL PROPERTY, THE BOARD MAY ISSUE GENERAL OBLIGATION
BONDS OF THE TOWNSHIP IN ACCORDANCE WITH
CHAPTER 133. OF THE
REVISED
CODE, FOR WHICH THE FULL FAITH
AND CREDIT OF THE TOWNSHIP SHALL BE PLEDGED.
Sec. 709.50. (A) Notwithstanding any other section of the
Revised Code, when a township contains at least ninety per cent
of the geographic area of a municipal corporation, either that
township or the municipal corporation may remove that part of
that township that is located within the municipal corporation
from that township if all of the following apply:
(1) The electors of the township and the municipal
corporation have voted to approve the establishment of a merger
commission pursuant to section 709.45 of the Revised Code.
(2) The unincorporated territory of the township has a
population of more than nine thousand.
(3) The township has previously adopted the A limited
self-government form of township HOME RULE government under
Chapter 504. of the Revised Code and a township zoning resolution under
Chapter
519. of the Revised Code.
(4) Not later than December 31, 1994, either the township
adopts a resolution or the municipal corporation adopts a
resolution or ordinance to remove that part of the township that
is located in the municipal corporation from the township. Any
resolution or ordinance adopted under division (A)(4) of this
section shall include an accurate description of the land to be
removed. The political subdivision that adopts an ordinance or
resolution under division (A)(4) of this section shall file with
the county recorder a copy of it certified by the county auditor,
together with a map or plat certified by the county auditor of
the land to be removed. The county recorder shall record the
ordinance or resolution and the map or plat.
(B) If either the township or the municipal corporation
takes the action described in division (A)(4) of this section,
the removal shall occur. After the removal, the unincorporated
territory of the township shall no longer receive any revenue by
virtue of its relationship to the municipal corporation. As soon
as practicable after a removal occurs under this section, the
board of county commissioners shall ascertain whether there is
any joint indebtedness of the unincorporated territory of the
township and the municipal corporation. If there is any such
indebtedness, the board of county commissioners shall apportion
it in accordance with section 503.10 of the Revised Code.
(C)(1) If a removal occurs under this section, all or part
of the unincorporated territory of the township may become a
village if the board of township trustees adopts, by unanimous
vote, a resolution for all or part of that territory to become a
village. The board of township trustees shall file with the
county recorder a copy of any resolution it adopts under division
(C)(1) of this section certified by the county auditor, together
with a map or plat certified by the county auditor of the land to
be included in the village. The county recorder shall record the
resolution and the map or plat. Once the board adopts a
resolution under division (C)(1) of this section, no land within
the area that will constitute the village may be annexed, and any
pending annexation proceeding that includes land in that area
shall be considered to be terminated with regard to that land.
(2) If the board does not adopt a resolution under
division (C)(1) of this section, or if the board adopts such a
resolution in which only a part of the unincorporated territory
becomes a village, the board of county commissioners shall attach
all the unincorporated territory that does not become a village
to any township contiguous to that territory or erect that
territory into a new township, the boundaries of which need not
include twenty-two square miles of territory.
(D) If a board of township trustees adopts a resolution
under division (C)(1) of this section for all or part of the
township's unincorporated territory to become a village, the
board shall serve as the legislative authority of the area
constituting the village until the next regular municipal
election that occurs at least seventy-five days after the
adoption of the resolution. At that election, the legislative
authority of the village shall be elected under section 731.09 of
the Revised Code and all other officers of the village shall be
elected under Chapter 733. of the Revised Code.
Sec. 711.05. (A) Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify thereon ON IT the date of
the
submission. Within five days of submission of the plat, the
board shall schedule a meeting to consider the plat and send a
written notice by certified REGULAR mail, return receipt
requested, to
the clerk of the board of township trustees of the township in
which the plat is located. The notice shall inform the trustees
of the submission of the plat and of the date, time, and location
of any meeting at which the board of county commissioners will
consider or act upon the proposed plat. The meeting shall take
place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county
commissioners. The approval of the board required by section
711.041 of the Revised Code or the refusal to approve shall take
place within thirty days from the date of submission or such
further time as the applying party may agree to in writing;
otherwise the plat is deemed approved and may be recorded as if
bearing such approval. The
(B) THE board may adopt general rules
governing plats and subdivisions of land falling within its
jurisdiction, to secure and provide for the coordination of the
streets within the subdivision with existing streets and roads or
with existing county highways, for the proper amount of open
spaces for traffic, circulation, and utilities, and for the
avoidance of future congestion of population detrimental to the
public health, safety, or welfare but shall not impose a greater
minimum lot area than forty-eight hundred square feet. The
BEFORE THE BOARD MAY AMEND OR
ADOPT RULES, IT SHALL NOTIFY ALL THE TOWNSHIPS IN THE COUNTY OF
THE PROPOSED AMENDMENTS OR RULES BY REGULAR MAIL AT LEAST THIRTY
DAYS BEFORE THE PUBLIC MEETING AT WHICH THE PROPOSED AMENDMENTS
OR RULES ARE TO BE CONSIDERED.
THErules
may require the county department of health to review and comment
on a plat before the board of county commissioners acts upon it
and may also require proof of compliance with any applicable
zoning resolutions as a
basis for approval of a plat. Where under the provisions of
section 711.101 of the Revised Code the board of county
commissioners has set up standards and specifications for the
construction of streets, utilities, and other improvements for
common use, such general rules may require the submission of
appropriate plans and specifications for approval. The board
shall not require the person submitting the plat to alter the
plat or any part of it as a condition for approval, as long as
the plat is in accordance with general rules governing plats and
subdivisions of land, adopted by the board as provided in this
section, in effect at the time the plat was submitted and the
plat is in accordance with any standards and specifications set
up under section 711.101 of the Revised Code, in effect at the
time the plat was submitted. The
(C) THE ground of
refusal to approve
any plat, submitted in accordance with section 711.041 of the
Revised Code, shall be stated upon the record of the board, and,
within sixty days thereafter, the person submitting any plat
which THAT the board refuses to approve may file a petition in
the
court of common pleas of the county in which the land described
in the plat is situated to review the action of such THE board.
A
board of township trustees is not entitled to appeal a decision
of the board of county commissioners under this section.
Sec. 711.10. Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, then no plat of a
subdivision of land within the county or region, other than land
within a municipal corporation or land within three miles of a
city or one and one-half miles of a village as provided in
section 711.09 of the Revised Code, shall be recorded until it is
approved by the county or regional planning commission and the
approval is endorsed in writing on the plat. Within five days
after
the submission of a plat for approval, the county or regional
planning commission shall schedule a meeting to consider the plat
and send a written notice by certified REGULAR mail, return
receipt
requested, to the clerk of the board of township trustees of the
township in which a proposed plat is located. The notice shall
inform the trustees of the submission of the proposed plat and of
the date, time, and location of any meeting at which the county
or regional planning commission will consider or act upon the
proposed plat. The meeting shall take place within thirty days
after submission of the plat, and no meeting shall be held
until at
least seven days have passed from the date the notice was sent by
the planning commission. The approval of the planning commission
or the refusal to approve shall be endorsed on the plat within
thirty days after the submission of the plat for approval, or
within such further time as the applying party may agree to in
writing; otherwise that plat is deemed approved, and the
certificate of the planning commission as to the date of the
submission of the plat for approval and the failure to take
action on it within that time shall
be sufficient in lieu of
the written endorsement or evidence of approval required by this
section. A county or regional planning commission shall not
require a person submitting the plat to alter the plat or any
part of it as a condition for approval, as long as the plat is in
accordance with the general rules governing plats and
subdivisions of land, adopted by the commission as provided in
this section, in effect at the time the plat was submitted. The
ground of refusal of approval of any plat submitted, including
citation of or reference to the rule violated by the plat, shall
be stated upon the record of the commission. Within sixty days
after the refusal, the person submitting any plat
which the
county or regional planning commission refuses to approve may
file a petition in the court of common pleas of the proper county
and the proceedings on the petition shall be governed by
section 711.09
of the Revised Code as in the case of the refusal of a planning
authority to approve a plat. A board of township trustees is not
entitled to appeal a decision of the county or regional planning
commission under this section.
Any such county or regional planning commission shall adopt
general rules, of uniform application, governing plats and
subdivisions of land falling within its jurisdiction, to secure
and provide for the proper arrangement of streets or other
highways in relation to existing or planned streets or highways
or to the county or regional plan, for adequate and convenient
open spaces for traffic, utilities, access of fire-fighting
apparatus, recreation, light, and air, and for the avoidance of
congestion of population. The rules may provide for their
modification by the county or regional planning
commission in specific cases where unusual topographical and
other exceptional conditions require the modification. The
rules may require the county department of health to review and
comment on a plat before the county or regional planning
commission acts upon it and may also require proof of compliance
with any applicable zoning resolutions as a basis for approval of a
plat.
Before adoption of its rules or amendment of its
rules, a public
hearing shall be held on the adoption or amendment by
the commission. However, no
county or regional planning commission shall adopt any rules
requiring actual construction of streets or other improvements or
facilities or assurance of that construction as a condition
precedent to the approval of a plat of a subdivision unless
the requirements have first been adopted by the board of county
commissioners after a public hearing.
A copy of the rules
shall be certified by the planning commission to the county recorders
of the appropriate counties. After a county or regional street
or highway plan has been adopted as provided in this section, the
approval of plats and subdivisions provided for in this section
shall be in lieu of any approvals provided for in other sections
of the Revised Code, so far as the territory within the approving
jurisdiction of the county or regional planning commission, as
provided in this section, is concerned. Approval of a plat shall
not be an acceptance by the public of the dedication of any
street, highway, or other way or open space shown upon the plat.
Any such county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission.
Sec. 713.22. (A) The board of county commissioners of any
county may, and on petition of the planning commissions of a
majority of the municipal corporations in the county having such
planning commission COMMISSIONS shall, provide for the
organization and
maintenance of a county planning commission. Such A county
planning commission shall consist of eight citizens of the county
MEMBERS appointed by the board, together with the members of the board.
If the population of any city in the county exceeds fifty per
cent of the total population of the county, then at least three
of the appointive members shall be selected from persons
nominated by the planning commission of such THAT city.
The OTHERWISE, THREE MEMBERS SHALL BE APPOINTED FROM MUNICIPAL
CORPORATIONS WITHIN THE COUNTY. THE BOARD SHALL APPOINT THREE MEMBERS FROM
THE UNINCORPORATED
AREA OF THE COUNTY FROM PERSONS NOMINATED BY THE TOWNSHIPS TO
THE COUNTY. IF THE COUNTY CONTAINS ONE OR MORE LIMITED HOME
RULE GOVERNMENT TOWNSHIPS, THEN AT LEAST ONE OF THESE THREE TOWNSHIP
APPOINTEES SHALL BE FROM THE NOMINEES OF A LIMITED HOME
RULE GOVERNMENT TOWNSHIP. THE REMAINING TWO APPOINTEES SHALL BE SELECTED
AT THE DISCRETION OF THE BOARD AND SHALL BE CITIZENS OF THE
COUNTY, ONE RESIDING IN THE UNINCORPORATED AREA OF THE COUNTY
AND REPRESENTING TOWNSHIPS AND THE OTHER RESIDING IN THE
INCORPORATED AREA OF THE COUNTY AND REPRESENTING MUNICIPAL
CORPORATIONS IN THE COUNTY.
THE
appointive members shall be appointed for terms of three years,
except that of the eight members first appointed three shall be
appointed for terms of two years and two shall be appointed for a
term of one year. The members shall serve without pay. Any
member of a county planning commission may hold any other public
office and may serve as a member of a city, village, and regional
planning commission, except as otherwise provided in the charter
of any city or village.
(B) THE EXPENSES OF THE APPOINTED MEMBERS OF THE COUNTY
PLANNING COMMISSION AND THE COMPENSATION OF PLANNING COMMISSION
EMPLOYEES SHALL BE PAID FROM APPROPRIATIONS MADE BY THE
BOARD.
The county planning commission may employ engineers,
accountants, consultants, and employees as are necessary, and
make such purchases as may be needed to the furtherance of its
operation.
The county planning commission may accept, receive, and
expend funds, grants, and services from the federal government or
its agencies, from departments, agencies, and instrumentalities
of this state or any adjoining state or from one or more counties
of this state or any adjoining state or from any municipal
corporation or political subdivision of this or any adjoining
state, including county, regional, and municipal planning
commission of this or any adjoining state, or from civic sources,
and contract with respect thereto, either separately or jointly
or cooperatively, and provide such information and reports as may
be necessary to secure such financial aid.
The compensation of such employees and the expenses of the
appointive members of the county planning commission shall be
paid from appropriations made by the board.
(C) A COUNTY PLANNING
COMMISSION MAY ADOPT A POLICY UNDER WHICH MEMBERS OF THE BOARD OF COUNTY
COMMISSIONERS, AS MEMBERS OF THAT COMMISSION, MUST ABSTAIN FROM
PARTICIPATING AND VOTING ON THE COMMISSION'S RECOMMENDATION,
WHENEVER A COUNTY PLANNING COMMISSION IS REQUIRED BY SECTION
303.12 OF THE REVISED
CODE TO RECOMMEND THE APPROVAL
OR DENIAL OF A PROPOSED AMENDMENT OR APPROVAL OF SOME
MODIFICATION OF AN AMENDMENT TO THE COUNTY ZONING RESOLUTION, OR
REQUIRED BY SECTION 303.07 OF THE
REVISED
CODE TO APPROVE OR DISAPPROVE, OR MAKE SUGGESTIONS ABOUT, A PROPOSED
COUNTY ZONING
RESOLUTION. THE POLICY MAY REQUIRE THAT A QUORUM OF THE
COMMISSION UNDER THOSE CIRCUMSTANCES BE DETERMINED ON THE BASIS OF
AN EIGHT-MEMBER COMMISSION INSTEAD OF AN ELEVEN-MEMBER
COMMISSION.
Sec. 1901.026. (A) The current operating costs of a
municipal court, other than a county-operated municipal court,
that has territorial jurisdiction under section 1901.02 or
1901.182 of the Revised Code that extends beyond the corporate
limits of the municipal corporation in which the court is located
shall be apportioned pursuant to this section among all of the
municipal corporations and townships that are within the
territory of the court. Each municipal corporation and each
township within the territory of the municipal court shall be
assigned a proportionate share of the current operating costs of
the municipal court that is equal to the percentage of the total
criminal and civil caseload of the municipal court that arose in
that municipal corporation or township. Each municipal
corporation and each township then shall be liable for its
assigned proportionate share of the current operating costs of
the court, subject to division (B) of this section.
For purposes of this section, the criminal and civil
caseload that arose in a municipal corporation or township is the
total number of criminal cases filed in the municipal court
during the preceding calendar year that arose out of offenses
that occurred in the municipal corporation or township and the
total number of civil cases filed in the municipal court during
the preceding calendar year in which the address of the majority
of the defendants that are designated in the caption of the case
and that have addresses within municipal corporations or
townships within the territory of the court is within the
municipal corporation or township or, if there is no majority of
such defendants, in which the address of the first such defendant
is within the municipal corporation or township.
(B) A municipal corporation or township within the
territory of a municipal court is not required to pay that part
of its proportionate share of the current operating costs of the
court, as determined in accordance with division (A) of this
section, that exceeds the total amount of costs, fees, fines,
bail, or other moneys that was disbursed by the clerk of the
court under division (F) of section 1901.31 of the Revised Code,
to the municipal corporation or township during the period for
which its proportionate share of the current operating costs was
determined. The municipal corporation in which the court is
located is liable, in addition to its proportionate share, for
any part of the proportionate share of a municipal corporation or
township that the municipal corporation or township is not
required to pay under this division.
(C) The auditors or chief fiscal officers of each of the
municipal corporations and townships within the territory of a
municipal court for which the current operating costs are
apportioned under this section shall meet not less than once each
six months at the office of the auditor or chief fiscal officer
of the municipal corporation in which the court is located to
determine the proportionate share due from each municipal
corporation and each township, to determine whether any municipal
corporation or township is not required to pay any part of its
proportionate share under division (B) of this section, and to
adjust accounts. The meetings shall be held at the direction of
the auditor or chief fiscal officer of the municipal corporation
in which the court is located, and he THE AUDITOR OR CHIEF FISCAL
OFFICER shall preside at the
meetings. The proportionate share of each of the municipal
corporations and townships, as reduced or increased in accordance
with division (B) of this section, is payable from the general
fund of the municipal corporation or township or from any other
fund designated or funds appropriated for the purpose of paying
the particular municipal corporation's or township's
proportionate share of the current operating costs of the court.
The court of common pleas of the county in which a
municipal court for which the current operating costs are
apportioned under this section is located has jurisdiction over
any civil action that is commenced to determine the current
operating costs of the court, the proportionate share of the
current operating costs to be paid by a particular municipal
corporation or township within the territory of the court, or
whether a municipal corporation or township is not required to
pay any part of its proportionate share under division (B) of
this section.
(D) For purposes of this section:
(1) "Operating costs" means the figure that is derived by
subtracting the total of all costs that are collected and paid to
the city treasury by the clerk of the municipal court pursuant to
division (F) of section 1901.31 of the Revised Code and all
interest received and paid to the city treasury in relation to
the costs pursuant to division (G) of section 1901.31 of the
Revised Code from the total of the amounts payable from the city
treasury for the operation of the court pursuant to sections
1901.10, 1901.11, 1901.111, 1901.12, 1901.31, 1901.311, 1901.312,
1901.32, 1901.33, 1901.331, 1901.36, 1901.37, and 1901.38 of the
Revised Code, other than any amounts payable from the city
treasury for the operation of the court involving construction,
capital improvements, rent, or the provision of heat and light.
(2) "Township" means a township that has adopted the A
limited self-government form of HOME RULE government pursuant to
Chapter 504. of the Revised Code.
(3) "Criminal caseload" when used in regard to a township
means cases arising from a violation of a township resolution for
which a fine is imposed under Chapter 504. of the Revised Code.
Sec. 2921.421. (A) As used in this section:
(1) "Chief legal officer" has the same meaning as in
section 733.621 of the Revised Code.
(2) "Political subdivision" means a county, a municipal
corporation, or a township that adopts the A limited
self-government form of HOME RULE government under Chapter 504.
of the Revised Code.
(B) A prosecuting attorney may appoint assistants and
employees, except a member of the family of the prosecuting
attorney, in accordance with division (B) of section 309.06 of
the Revised Code, a chief legal officer of a municipal
corporation or an official designated as prosecutor in a
municipal corporation may appoint assistants and employees,
except a member of the family of the chief legal officer or
official designated as prosecutor, in accordance with section
733.621 of the Revised Code, and a township law director
appointed under section 504.15 of the Revised Code may appoint
assistants and employees, except a member of the family of the
township law director, in accordance with section 504.151 of the
Revised Code, if all of the following apply:
(1) The services to be furnished by the appointee or
employee are necessary services for the political subdivision or
are authorized by the legislative authority, governing board, or
other contracting authority of the political subdivision.
(2) The treatment accorded the political subdivision is
either preferential to or the same as that accorded other clients
or customers of the appointee or employee in similar
transactions, or the legislative authority, governing board, or
other contracting authority of the political subdivision, in its
sole discretion, determines that the compensation and other terms
of appointment or employment of the appointee or employee are
fair and reasonable to the political subdivision.
(3) The appointment or employment is made after prior
written disclosure to the legislative authority, governing board,
or other contracting authority of the political subdivision of
the business relationship between the prosecuting attorney, the
chief legal officer or official designated as prosecutor in a
municipal corporation, or the township law director and his
THE appointee or employee THEREOF. In the case of a municipal
corporation,
the disclosure may be made or evidenced in an ordinance,
resolution, or other document that does either or both of the
following:
(a) Authorizes the furnishing of services as required
under division (B)(1) of this section;
(b) Determines that the compensation and other terms of
appointment or employment of the appointee or employee are fair
and reasonable to the political subdivision as required under
division (B)(2) of this section.
(4) The prosecuting attorney, the elected chief legal
officer, or the township law director does not receive any
distributive share or other portion, in whole or in part, of the
earnings of his THE business associate, partner, or employee
paid by
the political subdivision to the business associate, partner, or
employee for services rendered for the political subdivision.
(C) It is not a violation of this section or of section
102.03 or 2921.42 of the Revised Code for the legislative
authority, the governing board, or other contracting authority of
a political subdivision to engage the services of any firm that
practices the profession of law upon the terms approved by the
legislative authority, the governing board, or the contracting
authority, or to designate any partner, officer, or employee of
that firm as a nonelected public official or employee of the
political subdivision, whether the public office or position of
employment is created by statute, charter, ordinance, resolution,
or other legislative or administrative action.
Sec. 3737.46. Upon the request of the fire marshal, the fire
marshal's authorized representative, or a certified fire safety inspector,
the attorney general, the legal officer of any county or
municipal corporation, or the law director of a township that has adopted
the A limited self-government form of township HOME
RULE government under Chapter 504. of the Revised Code shall bring an
action for an injunction, temporary or permanent, or any other appropriate
proceedings
against any person violating or threatening to violate any
provision of the state fire code or any order issued pursuant
thereto in the court of common pleas in the county where the
violation is occurring or is threatened to occur.
This section does not expand, and shall not be construed as
expanding, the authority of the fire marshal, the fire
marshal's authorized representative, or a certified fire safety inspector
to enforce
any requirements that are adopted pursuant to Chapter 3781. or
3791. of the Revised Code or any rules adopted pursuant to
section 3781.10 or 3781.11 of the Revised Code.
Sec. 3767.03. Whenever a nuisance exists, the attorney
general; the village solicitor, city director of law, or other
similar chief legal officer of the municipal corporation in which
the nuisance exists; the prosecuting attorney of the county in
which the nuisance exists;
the law director of a township that has adopted the A limited
self-government
form of HOME RULE government under Chapter 504. of the Revised
Code;
or any person who is a citizen of the
country COUNTY in which the nuisance exists may bring an action
in equity
in the name of the state, upon the relation of the attorney
general; the village solicitor, city director of law, or other
similar chief legal officer of the municipal corporation; the
prosecuting attorney; the township law director; or the person,
to abate the nuisance and to
perpetually enjoin the person maintaining the nuisance from
further maintaining it.
If an action is instituted under this
section by a person other than the prosecuting attorney; the
village solicitor, city director of law, or other similar chief
legal officer of the municipal corporation; the
attorney general; or the township law director, the
complainant shall
execute a bond in the sum of not less than five hundred dollars, to the
defendant, with good and
sufficient surety to be approved by the court or clerk of the
court, to secure to the defendant any damages the defendant
may sustain and the reasonable attorney's fees the defendant
may incur in defending the action if the action is wrongfully brought, not
prosecuted to final judgment, is dismissed, or is not maintained, or if it is
finally decided that an injunction should not have been granted.
If it is finally decided that an injunction should not have been
granted or if the action was wrongfully brought, not prosecuted
to final judgment, dismissed, or not maintained, the defendant
shall have recourse against the bond for all damages suffered,
including damages to the defendant's property, person, or
character, and for the reasonable attorney's fees incurred by
the defendant in defending the action.
Any agency, officer, or other person bringing an action under this section
against the holder of a liquor permit
issued under Chapter 4303. of the Revised Code
shall notify the division of liquor control, the liquor control commission,
and the liquor enforcement division of the department of public safety
regarding the action at the time of bringing the action.
Sec. 4301.28. (A) Any person aggrieved may appeal to the
liquor control commission from the action of the
division of
liquor control in refusing to issue a permit.
(B) If the legislative authority of a municipal
corporation, board of township trustees, or the board of county
commissioners participated in a hearing conducted under section
4303.26 of the Revised Code for the transfer of location of a
class C or D permit, transfer of a class C or D permit, or
issuance of a class C or D permit or under division (B) of
section 4303.271 of the Revised Code for the renewal of a class C
or D permit, the legislative authority or board may appeal to the
liquor control commission from the order of the
division of
liquor control issuing, transferring, or renewing a permit, or
transferring a location, or participate or be joined as a party
in an appeal from an order of the division denying
the
issuance, transfer, or renewal of a permit or the transfer of a
location.
In an appeal on the issuance or the transfer of a location
of a permit, only the reasons for refusal contained in section
4303.292 of the Revised Code shall be considered. In an appeal
on the transfer of ownership of a permit, only the reasons for
refusal contained in divisions (A) and (B)(1) of section 4303.292
of the Revised Code shall be considered. In an appeal on the
renewal of a permit, only the objections considered at the
hearing under section 4303.271 of the Revised Code shall be
considered.
The commission shall send notice of an appeal by a
political subdivision by certified mail to the applicant for a
new permit or to the permit holder at the permit holder's
usual place of
business, to the superintendent of
liquor control,
and to the office of the attorney general. The commission shall
also send notice by certified mail of an appeal by a permit
holder from an order denying the transfer or renewal of a permit,
or the transfer of a location, or of an appeal by an applicant
for a new permit from an order denying the issuance of a permit
to the legislative authority or board of the political
subdivision that participated in the hearing on the issuance,
renewal, or transfer, to the superintendent and to the
office of the
attorney general.
If a legislative authority or board is a party under this
division to an appeal before the commission, the legislative
authority or board may appeal under section 119.12 of the Revised
Code from an order of the commission affirming the issuance,
transfer, or renewal of a permit, or the transfer of a location,
or participate or be joined as a party in an appeal under that
section from an order of the commission denying the issuance,
transfer, or renewal of a permit, or transfer of a location. If
a court determines that there was not reasonable cause for an
appeal by a political subdivision, it shall require the political
subdivision to pay reasonable expenses of the appellee, including
attorney fees and costs.
The prosecuting attorney of the county shall represent the
county or any township located within the county, unless the
township has adopted the A limited self-government form of
township HOME RULE government under Chapter 504. of the Revised
Code, in which case the township law
director
shall represent the township, in any hearing or appeal under this
section or section 119.12, 4303.26, or 4303.271 of the Revised Code in which
the county or township is a
party. The village solicitor or city law director of the
municipal corporation shall represent the municipal corporation
in any hearing or appeal under this section or section 119.12,
4303.26, or 4303.271 of the Revised Code in which the municipal
corporation is a party.
If a permit holder appeals under section 119.12 of the
Revised Code from an order of the commission denying the transfer
or renewal of a permit, or the transfer of a location, or if an
applicant for a new permit appeals from an order of the
commission denying the issuance of a permit, the commission shall
send notice of the appeal by certified mail to the legislative
authority or board of the political subdivision that was a party
to an appeal before the commission.
(C) At least twenty-one days before the date by which a
permit holder must pay any forfeiture pursuant to an order issued
under section 4301.252 of the Revised Code, and at least
twenty-one days before the effective date of an order issued by
the liquor control commission, revoking, cancelling, or
suspending a liquor permit, except for a suspension imposed under
division (A)(3) of section 4301.252 of the Revised Code, the
commission shall send a copy of the order by certified mail to
the holder, addressed to the holder at the premises named in
the permit,
and shall also send by certified mail copies of the order to the
chief of police, marshal, or chief police officer of the
municipal corporation in which the premises for which the permit
was issued are situated, or to the sheriff of the county or
constable of the township, in case the permit was issued for
premises situated outside any municipal corporation. A copy of
an order revoking or canceling a permit or allowing the payment
of a forfeiture under section 4301.252 of the Revised Code shall
be sent to such officer at the same time as a copy is sent to the
permit holder; a copy of an order suspending a permit shall be
sent to such officer when the commission determines under section
4301.252 of the Revised Code that the suspension is to become
effective. The order shall contain a statement of the number of
the permit, the name of the holder, the location of the premises
for which the permit was issued, and the date when the revocation
or cancellation is to be effective, or, in case of suspension,
the beginning and ending dates of the suspension period and such
other information in the notice to the permit holder as is
required by section 4301.252 of the Revised Code. The holder of
such a revoked or cancelled permit shall, on the effective date
of the order of revocation or cancellation, immediately surrender
the permit by mailing or delivering it to the
superintendent of liquor
control by certified mail. If the revoked or canceled permit is
not surrendered, the superintendent
shall issue a
written demand for its surrender and deliver the demand to the
chief of police, marshal, or other chief police officer of the
municipal corporation or to the sheriff of the county, or to the
constable of the township, in which the premises for which the
permit is issued are located, or to any designated agent of the
division of liquor control, and the chief of police,
marshal, or other chief
police officer of the municipal corporation, sheriff, constable,
or agent shall immediately demand and secure possession of the
revoked or cancelled permit and return it by certified mail to
the superintendent.
When a permit has been so suspended by order of the liquor
control commission, the permit holder shall not sell any
alcoholic beverages at such permit premises during the effective
period stated in the order of a suspension, and shall cover
the
permit by posting a copy of the suspension order over the
permit,
and the order of suspension shall remain so posted on the permit
premises until termination of the suspension period. Upon
termination of the suspension period, the permit holder may
remove the copy of the suspension order from the permit and
may
resume the sale of alcoholic beverages as authorized by the
permit and in compliance with Chapters 4301. and 4303. of the
Revised Code.
The foregoing paragraph of this section is inapplicable
while a stay order is in effect as a result of an appeal taken by
a permit holder from an order of revocation, cancellation, or
suspension or from an order that allows the payment of a
forfeiture under section 4301.252 of the Revised Code, pursuant
to section 119.12 of the Revised Code. A copy of the stay order
shall be posted on the premises of the permit holder and shall be
furnished by the division to the
appropriate
officer, as the case may be, such as the chief of police,
marshal, constable, or sheriff.
A permit holder desiring to file a notice of appeal under
section 119.12 of the Revised Code with respect to any order of
the commission as described in this division shall do so within
twenty-one days after the mailing of the notice of the
commission's order as provided in section 119.12 of the Revised
Code.
Sec. 5543.01. The (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, THE county engineer shall have general
charge of the following:
(A)(1) Construction, reconstruction, improvement,
maintenance, and repair of all bridges and highways within his THE
ENGINEER'S county, under the jurisdiction of the board of county
commissioners;
(B)(2) Construction, reconstruction, resurfacing, or
improvement of roads by boards of township trustees under sections 5571.01,
5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, inclusive, and 5575.02
to 5575.09,
inclusive, of the Revised Code;
(C)(3) Construction, reconstruction, resurfacing, or
improvement of the roads of a road district under section 5573.21 of the
Revised Code.
(B) FOR ANY PARTICULAR PROJECT, AFTER NOTIFYING THE COUNTY
ENGINEER, THE BOARD OF TOWNSHIP
TRUSTEES OF A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME RULE GOVERNMENT UNDER
CHAPTER 504. of the Revised Code MAY HIRE AN INDEPENDENT PROFESSIONAL ENGINEER TO BE
IN CHARGE OF THOSE ACTIVITIES LISTED IN DIVISION (A)(2) OF THIS
SECTION. THE COUNTY ENGINEER
SHALL REVIEW ALL OF THE
INDEPENDENT PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS AND
PROVIDE THE BOARD OF TOWNSHIP TRUSTEES WITH COMMENTS ON THOSE
PLANS WITHIN TEN WORKING DAYS AFTER RECEIVING THEM. THE COUNTY
ENGINEER SHALL MONITOR ALL PLANS FOR IMPROVEMENTS IN ORDER TO
MAINTAIN COMPLIANCE WITH EXISTING CONSTRUCTION STANDARDS AND
THOROUGHFARE PLANS, AND COORDINATE CONSTRUCTION TIMELINES WITHIN
THE COUNTY.
(C) The COUNTY engineer may not perform any duties in
connection with the
repair,
maintenance, or dragging of roads by boards of township trustees, except
that,
upon the request of any board of township trustees he, THE
COUNTY ENGINEER shall inspect any road designated by it and advise as to
the best
methods of repairing, maintaining, or dragging such THAT road.
Sec. 5543.09. The (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, THE county engineer shall supervise the
construction, reconstruction, improvement, maintenance, and repair of the
highways, bridges, and culverts under the jurisdiction of the board of county
commissioners, and the construction, reconstruction, resurfacing, and
improvement of public roads by boards of township trustees under sections
5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, 5575.02 to 5575.09,
and 5577.01 of the Revised Code. When the engineer has charge of the
highways, bridges, and culverts within his THE ENGINEER'S
county, and under the control of the state, he THE ENGINEER
shall also supervise their construction, reconstruction, improvement, and
repair.
(B) FOR ANY PARTICULAR PROJECT, WITH THE APPROVAL OF THE COUNTY
ENGINEER, THE BOARD OF
TOWNSHIP TRUSTEES OF A TOWNSHIP THAT HAS ADOPTED A LIMITED HOME RULE
GOVERNMENT UNDER CHAPTER 504. of the Revised Code MAY HIRE AN INDEPENDENT
PROFESSIONAL ENGINEER TO ASSIST THE COUNTY ENGINEER WITH THE SUPERVISION OF
THE CONSTRUCTION, RECONSTRUCTION, RESURFACING, AND IMPROVEMENT OF PUBLIC ROADS
BY
THE BOARD UNDER SECTIONS 5571.01, 5571.06, 5571.07, 5571.15,
5573.01 TO 5573.15, 5575.02 TO 5575.09, AND 5577.01 of the Revised Code.
Sec. 5549.02. (A) Boards of county commissioners and
boards of township trustees, in the purchase of machinery, tools,
trucks, and other equipment for use in constructing, maintaining,
and repairing roads, may make such purchases upon the following
terms: not less than one-fourth of the purchase price shall be
paid in cash, and the remainder of the purchase price shall be
paid in not more than five equal annual installments, except that
if the board sells, as authorized by law, used vehicles,
machinery, tools, or equipment owned by the county or township to
the person or other entity from whom it is to make the purchase,
the one-fourth cash down payment or any installments, or both,
may be reduced by the amount of the selling price of the used
vehicles, machinery, tools, or equipment. Each installment shall
be not less than one-fifth of the balance due and shall be
secured by a note which may contain a clause permitting
prepayment at the option of the board. Such boards may issue the
notes of the county or township signed by the board of county
commissioners or board of township trustees, attested by the
signature of the county auditor or township clerk, and covering
such deferred payments and payable at the times above provided.
Such notes may bear interest at not to exceed the rate determined
as provided in section 9.95 of the Revised Code, and are not
subject to section 131.23 or 135.51 to 135.54 or to Chapter 133.
of the Revised Code. In the legislation under which such notes
are authorized, the board of county commissioners or board of
township trustees shall make provision for levying and collecting
annually, by taxation, an amount sufficient to pay the interest
and provide a sinking fund for the final redemption of such notes
at maturity.
Sections 5705.41 and 5705.44 of the Revised Code apply only
to such portion of the purchase price of such machinery, tools,
trucks, or equipment as is to be paid in cash, exclusive of any
credit from the sale of used vehicles, machinery, tools, or
equipment to the vendor.
(B) The boards of trustees of any two or more townships,
or the legislative authorities of any two or more political
subdivisions, or any combination thereof, may, through joint
action, unite in the joint purchase, maintenance, use, and
operation of machinery, tools, trucks, and equipment for use in
constructing, maintaining, and repairing roads, and may prorate
the expense on such terms as are mutually agreed upon, and any
political subdivision may lease machinery, tools, trucks, and
other equipment from any one or more other political subdivisions
for use in constructing, maintaining, and repairing roads on such
terms as are mutually agreed upon.
(C) Boards of county commissioners and boards of township
trustees may also enter into leases which include an option to
purchase machinery, tools, trucks, and other equipment for use in
constructing, maintaining, and repairing roads. Any such
contract to lease with an option to purchase shall require the
board to pay at least three-twentieths of the total cost of the
lease with an option to purchase in cash. If the board sells
used equipment as part of any such contract, the three-twentieths
cash down payment may be reduced by the amount of the selling
price of the used equipment. Such leases with options to
purchase shall be made from the lowest responsible bidder
offering the equipment after advertisement as provided in section
5575.01 of the Revised Code. Such leases are not subject to the
down payment and minimum annual installment requirements of
division (A) of this section.
Sec. 5549.021. A BOARD OF TOWNSHIP TRUSTEES MAY
PURCHASE MACHINERY, TOOLS, TRUCKS, AND OTHER EQUIPMENT FOR USE
IN CONSTRUCTING, MAINTAINING, AND REPAIRING ROADS AND, SUBJECT
TO CHAPTER 133. OF THE
REVISED
CODE, MAY ISSUE FOR THAT PURPOSE GENERAL
OBLIGATION BONDS OF THE TOWNSHIP FOR WHICH THE FULL FAITH AND
CREDIT OF THE TOWNSHIP SHALL BE PLEDGED.
Sec. 5573.01. When the board of township trustees has determined that any
road shall be constructed, reconstructed, resurfaced, or improved, such
THE board
shall determine by resolution, by unanimous vote if acting without a petition,
and by a majority vote if acting upon a petition, the route and termini of
such THE road, AND
the kind and extent of the improvement, and at the same time shall order the
county engineer OR, IF THE TOWNSHIP HAS ADOPTED A LIMITED HOME RULE
GOVERNMENT UNDER CHAPTER 504. of the Revised Code, HIRE AN
INDEPENDENT PROFESSIONAL ENGINEER, AFTER NOTIFYING THE COUNTY
ENGINEER, to make such surveys, plans, profiles, cross
sections,
estimates, and specifications as are required for such THE
improvement.
IF AN INDEPENDENT
PROFESSIONAL ENGINEER IS HIRED, THE COUNTY ENGINEER SHALL
REVIEW ALL OF THE INDEPENDENT PROFESSIONAL ENGINEER'S PLANS FOR
IMPROVEMENTS AND PROVIDE THE BOARD OF TOWNSHIP TRUSTEES WITH
COMMENTS ON THOSE PLANS WITHIN TEN WORKING DAYS AFTER
RECEIVING THEM. THE COUNTY ENGINEER SHALL MONITOR ALL OF
THE INDEPENDENT PROFESSIONAL ENGINEER'S PLANS FOR IMPROVEMENTS
IN ORDER TO MAINTAIN COMPLIANCE WITH EXISTING CONSTRUCTION
STANDARDS AND THOROUGHFARE PLANS, AND COORDINATE CONSTRUCTION
TIMELINES WITHIN THE COUNTY.
The IF THE BOARD ORDERS THE COUNTY ENGINEER TO ACT UNDER THIS
SECTION, THE board may order the COUNTY engineer to make alternate
surveys, plans, profiles,
cross sections, estimates, and specifications, providing therein IN
THEM for different
widths of roadway, or different materials, and approve all or any number of
such THESE alternate surveys, plans, profiles, cross sections,
estimates, and
specifications. The COUNTY engineer may, without instructions from the
board,
prepare
alternate surveys, plans, profiles, cross sections, estimates, and
specifications, providing therein IN THEM for different widths
of roadways or
different materials. When alternate surveys, plans, profiles, cross sections,
estimates, and specifications are approved by the board, or submitted by the
COUNTY engineer on
his THE COUNTY ENGINEER'S own motion, the board and
COUNTY engineer shall, after the opening of bids, agree
which of the surveys, plans, profiles, cross sections, estimates, and
specifications shall be finally adopted for construction of the improvement.
Section 2. That existing sections 109.14, 133.09, 309.09,
504.01, 504.02, 504.03, 504.04, 504.12, 504.13, 504.14,
504.16, 504.17, 504.18, 504.19, 505.261, 505.262, 505.264, 505.37, 505.701,
709.50, 711.05, 711.10, 713.22,
1901.026, 2921.421, 3737.46, 3767.03, 4301.28, 5543.01,
5543.09, 5549.02, and 5573.01 of the Revised Code are hereby
repealed.
Section 3. Notwithstanding anything to the contrary in
section 713.22 of the Revised Code, the change in
the composition of a county planning commission required under
that section as amended by this act shall be implemented so that any member
serving on the
board on the effective date of this act serves out the member's term of
office, even if the
membership would not then meet the representation requirements
in section 713.22 of the Revised Code. As new members are appointed to the
commission, the new members shall be appointed so as to meet the
representation requirements in section 713.22 of the Revised Code as soon as
possible without interfering with any member's term of office.
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