130th Ohio General Assembly
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As Reported by House Local Government and Townships Committee

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 315

REPRESENTATIVES HAINES-CAREY-NETZLEY-CALVERT-ALLEN-HARTNETT- PADGETT-SULZER-WILLAMOWSKI-TAYLOR-SCHULER-MAIER-CLANCY-BENDER- SCHURING-BRITTON-DISTEL-EVANS-O'BRIEN-VESPER-FERDERBER-BARRETT- GRENDELL-TERWILLEGER-HOLLISTER-VERICH-YOUNG


A BILL
To amend section 5571.01 of the Revised Code to authorize a board of township trustees to enter into a contract with one or more political subdivisions to obtain or provide emergency road construction or maintenance services.

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


Section 1. That section 5571.01 of the Revised Code be amended to read as follows:

Sec. 5571.01. (A) FOR PURPOSES OF THIS SECTION, "EMERGENCY" MEANS AN ACTION NEEDED TO PRESERVE THE PUBLIC HEALTH AND SAFETY OF THE TOWNSHIP RECEIVING THE SERVICES.

(B) The board of township trustees may construct, reconstruct, resurface, or improve any public road, or part thereof OF ANY PUBLIC ROAD, under its jurisdiction or any county road, intercounty highway, or state highway within its township. In the case of a county road, the plans and specifications for the proposed improvement shall first be submitted to the board of county commissioners of the county and receive its approval, and in the case of an intercounty or state highway, plans and specifications shall first be submitted to the director of transportation and receive his THE DIRECTOR'S approval. The board of township trustees may widen, straighten, or change the direction of any part of a road in connection with the proceedings for its improvement.

(B)(C) The board of township trustees may construct, improve, maintain, or repair the berm of any road under its jurisdiction, in order to provide a hard surface or other improved approach to rural mail boxes located on public highways.

(C)(D) No contract for the construction or repair of a bridge, the entire cost of which construction or repair exceeds fifty thousand dollars, shall be entered into by the township unless the plans are first approved by the director.

(E)(1) IN ORDER TO OBTAIN OR PROVIDE ASSISTANCE IN CARRYING OUT DIVISION (A) OF THIS SECTION, BUT ONLY IN THE CASE OF AN EMERGENCY, ANY BOARD OF TOWNSHIP TRUSTEES MAY ENTER INTO A CONTRACT WITH ONE OR MORE POLITICAL SUBDIVISIONS, AND THE LEGISLATIVE AUTHORITIES OF THOSE POLITICAL SUDIVISIONS MAY ENTER INTO THAT CONTRACT, UNDER TERMS AGREEABLE TO ALL PARTIES, TO OBTAIN OR PROVIDE EMERGENCY ROAD CONSTRUCTION, RECONSTRUCTION, RESURFACING, IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES. THE CONTRACT MAY PROVIDE FOR A FIXED ANNUAL CHARGE TO BE PAID AT TIMES AGREED UPON AND STIPULATED IN THE CONTRACT. THE COST OF THE CONTRACT MAY BE PAID FROM THE TOWNSHIP GENERAL FUND OR FROM THE MAINTENANCE AND REPAIR FUND ESTABLISHED UNDER SECTION 5575.10 of the Revised Code.

(2) CHAPTER 2744. of the Revised Code, INSOFAR AS IT APPLIES TO THE PROVISION OF ROAD CONSTRUCTION, RECONSTRUCTION, RESURFACING, IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES, APPLIES TO A TOWNSHIP OR ANY OTHER POLITICAL SUVDIVISION THAT HAS ENTERED INTO A CONTRACT UNDER DIVISION (E)(1) OF THIS SECTION, AND TO THAT TOWNSHIP'S OR OTHER POLITICAL SUBDIVISION'S EMPLOYEES, WHEN THE EMPLOYEES ARE RENDERING THESE EMERGENCY SERVICES OUTSIDE THEIR POLITICAL SUBDIVISION'S BOUNDARIES UNDER THAT CONTRACT.

(3) TOWNSHIP OR OTHER POLITICAL SUBDIVISION EMPLOYEES ACTING OUTSIDE THE POLITICAL SUBDIVISION THAT EMPLOYS THEM UNDER A CONTRACT THAT THE POLITICAL SUBDIVISION HAS ENTERED INTO UNDER DIVISION (E)(1) OF THIS SECTION MAY PARTICIPATE IN ANY PENSION OR INDEMNITY FUND THAT THEIR EMPLOYER ESTABLISHES AND ARE ENTITLED TO ALL RIGHTS AND BENEFITS OF CHAPTER 4123. of the Revised Code, TO THE SAME EXTENT AS WHEN PERFORMING SERVICES WITHIN THE POLITICAL SUBDIVISION THAT EMPLOYS THEM.


Section 2. That existing section 5571.01 of the Revised Code is hereby repealed.
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