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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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