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As Reported by the Senate State and Local Government
and Veterans Affairs 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-OLMAN-HARRIS-METZGER-
MOTTLEY-BUEHRER-TIBERI-CORE-OPFER-OGG-MYERS-WINKLER-BUCHY-KREBS-
CORBIN-AMSTUTZ-SALERNO-JOLIVETTE-AUSTRIA-
SENATOR BLESSING
A BILL
To amend sections 505.37 and 5535.08 and to enact section 505.707 of the
Revised Code to authorize
political subdivisions to enter into agreements with other political
subdivisions
to obtain or provide road construction or maintenance services; to
authorize political subdivisions to provide emergency road repair and
maintenance assistance to other political subdivisions in this state; to
authorize boards of
township trustees to appropriate township funds to a 501(c)(3) organization
that serves a community purpose; and to require the township law director of a
limited home rule township, rather than the prosecuting attorney, to approve
specifications for fire-fighting equipment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.37 and 5535.08 be amended and section 505.707 of
the Revised Code be enacted to read as
follows:
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 OR, IF THE TOWNSHIP HAS ADOPTED
LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. of the Revised Code, WITH THE
APPROVAL OF THE
SPECIFICATIONS BY THE TOWNSHIP'S LAW DIRECTOR, 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 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 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 the
resolution, the unincorporated township territory described in
the resolution ceases to be a part of 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 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
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 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 any deferred payments and payable at the times
provided, which 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 securities
shall provide
for levying and collecting annually by taxation, amounts
sufficient to pay the interest on and principal of the securities. The
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 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 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. 505.707. A BOARD OF TOWNSHIP TRUSTEES MAY APPROPRIATE FROM THE
TOWNSHIP GENERAL REVENUE FUND MONEYS NOT APPROPRIATED FOR ANY OTHER PURPOSE TO
AN ORGANIZATION THAT THE BOARD DETERMINES SERVES A COMMUNITY PURPOSE AND THAT
IS EXEMPT FROM FEDERAL TAXATION UNDER SUBSECTION 501(a) AND
DESCRIBED
IN SUBSECTION 501(c)(3) OF THE "INTERNAL
REVENUE
CODE OF 1986," 100 STAT. 2085, 26
U.S.C. 1, AS AMENDED.
Sec. 5535.08. (A) The state, county, and township shall each
maintain its roads,
as designated in section 5535.01 of the Revised Code; however, the county or
township may, by agreement between the board of county commissioners
and the
board of township trustees, MAY
contribute to the repair and maintenance of the
roads under the control of the other. The state, county, or township, or any
two or more of them, may, by agreement, MAY expend any funds
available for road
construction, improvement, or repair upon roads inside a village. A village
may expend any funds available for street improvement upon roads outside the
village and leading thereto TO THE VILLAGE.
(B)(1) IN THE CASE OF AN EMERGENCY, ANY POLITICAL SUBDIVISION
HAVING AUTHORITY TO REPAIR AND MAINTAIN ROADS OR STREETS MAY PROVIDE EMERGENCY
ROAD OR STREET REPAIR AND MAINTENANCE ASSISTANCE TO ANY OTHER POLITICAL
SUBDIVISION IF THE POLITICAL SUBDIVISION SEEKING TO PROVIDE THE ASSISTANCE HAS
ADOPTED A RESOLUTION OR ORDINANCE STATING THAT IT WILL PARTICIPATE IN THE
PROVISION OF EMERGENCY ROAD OR STREET REPAIR AND MAINTENANCE ASSISTANCE WITHIN
THIS STATE, ON A CASE BY CASE BASIS, WHENEVER IT IS POSSIBLE FOR THAT POLITICAL
SUBDIVISION TO DO SO. THE RESOLUTION OR ORDINANCE SHALL IDENTIFY ANY EMPLOYEES
AUTHORIZED TO PROVIDE THAT ASSISTANCE OUTSIDE THE BOUNDARIES OF THE POLITICAL
SUBDIVISION.
(2) CHAPTER 2744. of the Revised Code, INSOFAR AS IT APPLIES TO PERFORMANCE OF ROAD OR
STREET REPAIR AND MAINTENANCE SERVICES, APPLIES TO A POLITICAL SUBDIVISION
HAVING AUTHORITY TO REPAIR AND MAINTAIN ROADS OR STREETS THAT HAS ADOPTED A
RESOLUTION OR ORDINANCE UNDER DIVISION (B)(1) OF THIS SECTION, AND TO
THE EMPLOYEES OF SUCH A POLITICAL SUBDIVISION, WHEN THE EMPLOYEES ARE
PROVIDING
EMERGENCY ROAD OR STREET REPAIR AND MAINTENANCE ASSISTANCE OUTSIDE THE
BOUNDARIES OF THE POLITICAL SUBDIVISION.
(3) EMPLOYEES OF A POLITICAL SUBDIVISION WHO PROVIDE EMERGENCY ROAD OR
STREET REPAIR AND MAINTENANCE ASSISTANCE OUTSIDE THE BOUNDARIES OF THAT
POLITICAL SUBDIVISION PURSUANT TO A RESOLUTION OR ORDINANCE ADOPTED UNDER
DIVISION (B)(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 ROAD OR STREET REPAIR AND MAINTENANCE SERVICES WITHIN THE POLITICAL
SUBDIVISION THAT EMPLOYS THEM.
(C)(1) IN NONEMERGENCY SITUATIONS, ANY POLITICAL SUBDIVISION
HAVING AUTHORITY TO CONSTRUCT, RECONSTRUCT, RESURFACE, IMPROVE, REPAIR, AND
MAINTAIN ROADS OR STREETS MAY ENTER INTO AN AGREEMENT, UNDER TERMS AGREEABLE
TO ALL PARTIES, WITH ANY OTHER POLITICAL SUBDIVISION HAVING THAT AUTHORITY TO
OBTAIN OR PROVIDE ROAD OR STREET CONSTRUCTION, RECONSTRUCTION, RESURFACING,
IMPROVEMENT, REPAIR, OR MAINTENANCE SERVICES. THE COST, IF ANY, OF SERVICES
OBTAINED UNDER THE AGREEMENT MAY BE PAID FROM GENERAL FUND MONEYS OF THE
POLITICAL SUBDIVISION RECEIVING THE SERVICES, OR FROM ANY OTHER FUNDS
AVAILABLE FOR THE REPAIR AND MAINTENANCE OF ROADS OR STREETS WITHIN THAT
POLITICAL SUBDIVISION.
(2) CHAPTER 2744. of the Revised Code, INSOFAR AS IT APPLIES TO THE PERFORMANCE OF ROAD
OR
STREET CONSTRUCTION, RECONSTRUCTION, RESURFACING, IMPROVEMENT, REPAIR, OR
MAINTENANCE SERVICES, APPLIES TO A POLITICAL SUBDIVISION HAVING AUTHORITY TO
PERFORM THOSE SERVICES THAT HAS ENTERED INTO AN AGREEMENT AUTHORIZED BY
DIVISION (C)(1) OF THIS SECTION, AND TO THE EMPLOYEES OF SUCH A
POLITICAL SUBDIVISION, WHEN THE EMPLOYEES ARE PERFORMING THOSE SERVICES
OUTSIDE THE
BOUNDARIES OF THE POLITICAL SUBDIVISION UNDER THAT AGREEMENT.
(3) EMPLOYEES OF A POLITICAL SUBDIVISION WHO PERFORM ROAD OR STREET
CONSTRUCTION, RECONSTRUCTION, RESURFACING, IMPROVEMENT, REPAIR, OR MAINTENANCE
SERVICES OUTSIDE THE BOUNDARIES OF THAT POLITICAL SUBDIVISION PURSUANT TO AN
AGREEMENT AUTHORIZED BY DIVISION (C)(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 THOSE SERVICES WITHIN THE POLITICAL
SUBDIVISION THAT EMPLOYS THEM.
(D) AS USED IN THIS SECTION, "EMERGENCY" MEANS A NATURAL DISASTER,
OR A STATE OF EMERGENCY AS DECLARED BY THE GOVERNOR OR A COUNTY SHERIFF, THAT
HAS OCCURRED OR BEEN DECLARED IN THE COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION
RECEIVING EMERGENCY ROAD OR STREET REPAIR AND MAINTENANCE ASSISTANCE
AUTHORIZED BY
THIS SECTION.
Section 2. That existing sections 505.37 and 5535.08 of the Revised Code are
hereby
repealed.
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