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H. B. No. 513As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Seitz, Schmidt, Raga, Brinkman, Hagan, Faber, Collier, Carano, Seaver, Schaffer, Lendrum, Fessler, Grendell, Blasdel, Schneider
A BILL
To amend sections 505.10, 507.11, 517.15, 5571.14, and
5705.13 and to repeal sections 517.16, 517.17, and
517.18 of the Revised Code to authorize taxing
authorities to create multiple reserve balance
accounts for rainy day funds; to expand the
authority of townships pertaining to the permanent
endowment fund for their cemeteries; to authorize
townships to sell real property under certain
circumstances without a public auction or
competitive bidding; to authorize townships to
declare a road obstruction to be a nuisance and to
order its removal; and to permit authorized
township officers and employees to incur
obligations of up to $2500 without prior approval.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.10, 507.11, 517.15, 5571.14, and
5705.13 of the Revised Code be amended to read as follows:
Sec. 505.10. The board of township trustees may accept, on
behalf of the township, the donation by bequest, devise, deed of
gift, or otherwise, of any
real or personal
property
for any
township use. When the township has property, including
motor
vehicles, road machinery, equipment, and tools, which the
board,
by resolution, finds it does not need
for public use, are
obsolete, or are unfit for the use for which they were acquired,
the board may sell and
convey
that property
or otherwise
dispose
of it in accordance with this section. Except as
otherwise
provided
in
sections
505.08
and, 505.101, and 505.102 of the
Revised Code,
the sale
or
other disposition of unneeded, obsolete,
or unfit
property shall
be
made in accordance with one of the
following: (A)(1) If the fair market value of
property to be sold
is,
in the opinion of the board, in excess of two thousand five
hundred
dollars, the
sale shall be by public auction and the board
shall publish notice of the time,
place, and
manner of the sale
once a week for three weeks in a
newspaper
published, or of
general circulation, in the township,
the
last
of
those
publications to be at least five days
before
the date of
sale, and
shall post a typewritten or printed
notice
of the time,
place, and
manner of the sale in the office of
the
board for at least ten
days
prior to the sale.
(2) If the fair market value of
property to be sold is,
in
the opinion of the board, two thousand five hundred dollars or
less, the
board may sell the property by private sale, without
advertisement or public
notification. (3) If the board finds, by resolution, that the
township has
motor vehicles, road machinery, equipment, or tools
which are not
needed, or
are unfit for public use, and the
board wishes
to sell
the motor vehicles, road machinery,
equipment, or tools
to the
person or firm from which it proposes
to purchase other
motor
vehicles, road machinery, equipment, or
tools, the board
may offer
to sell the motor vehicles, road
machinery, equipment,
or tools to
that person or firm, and to
have
the selling price
credited to
the person or firm against
the purchase price of
other motor
vehicles, road machinery,
equipment, or tools. (4) If the board advertises for bids for the sale of
new
motor vehicles, road machinery, equipment, or tools to the
township, it may include in the same advertisement a notice of
the
willingness of the board to accept bids for the purchase of
township-owned motor vehicles, road machinery, equipment, or
tools
which are obsolete or not needed for public use, and to
have the
amount of
those bids subtracted from the selling
price of
the new
motor vehicles, road machinery, equipment, or
tools, as a
means of
determining the lowest responsible bidder. (5) When a township has title to real property, the board of
township
trustees, by resolution,
may authorize the
transfer and
conveyance of
that property to any other
political subdivision of
the state upon such terms as are agreed
to between
the board and
the legislative authority of
that political subdivision.
(6)
When a township has title to real property and the board
of township trustees wishes to sell or otherwise transfer the
property, the board, upon a unanimous vote of its members, and by
resolution, may authorize the transfer and conveyance of that real
property to any person upon whatever terms are agreed to between
the board and that person. (7) If the board of township trustees determines that
township personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property. (B) When the board has offered property at public auction
under
this section and has not received an acceptable offer, the
board, by
resolution, may enter into a contract, without
advertising or bidding, for the
sale of that property. The
resolution shall specify a minimum acceptable
price and the
minimum acceptable terms for the contract. The minimum
acceptable
price shall not be lower than the minimum price established for
the
public auction.
(C) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
board of township trustees may sell personal property,
including
motor vehicles, road machinery, equipment, tools, or
supplies,
which is not needed for public use, or is obsolete or
unfit for
the use for which it was acquired, by internet auction.
The board
shall adopt, during each calendar year, a resolution
expressing
its intent to sell that property by internet auction.
The
resolution shall include a description of how the auctions
will be
conducted and shall specify the number of days for bidding
on the
property, which shall be no less than fifteen days,
including
Saturdays, Sundays, and legal holidays. The resolution
shall
indicate whether the township will conduct the auction or
the
board will contract with a representative to conduct the
auction
and shall establish the general terms and
conditions of
sale. If
a representative is known when
the resolution is
adopted, the
resolution shall provide contact
information such as
the
representative's name, address, and telephone
number. After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the township, notice of its
intent to sell unneeded, obsolete, or unfit township personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A clerk also shall post a similar
notice throughout the calendar year in a conspicuous place in the
board's office and, if the township maintains a website on the
internet, the notice shall be posted continually throughout the
calendar year at that website. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative. As used in this section, "internet" means the international
computer network of both federal and nonfederal interoperable
packet switched data networks, including the graphical subnetwork
called the world wide web.
Sec. 507.11. (A) The board of township trustees may
authorize, by resolution,
authorize township officers and
employees to incur obligations of
seven
two thousand
five hundred
fifty dollars or less on behalf of the township, or it may
authorize, by resolution, the township administrator to so
authorize township officers and employees. The obligations
incurred on behalf of the township by a township officer
or
employee acting pursuant to any such resolution shall be
subsequently
approved by the adoption of a formal resolution of
the board of township
trustees. (B) No money belonging to the township shall be paid out,
except upon an
order
sign personally
signed by at least two of the
township trustees, and
countersigned by the township clerk.
Sec. 517.15.
The(A) A board of township trustees may
receive by gift, devise,
bequest, or otherwise, any money,
securities, or other property, in trust, as a
permanent fund to be
held and invested by the board and its successors in
office, the
income therefrom to be used and expended under its direction, in
create a permanent cemetery endowment fund for the purpose of
maintaining, improving, and beautifying township cemeteries and
burial lots in township cemeteries. The fund shall consist of
money arising from the following sources: (1) Gifts, devises, or bequests received for the purpose of
maintaining, improving, or beautifying township cemeteries; (2) Charges added to the price regularly charged for burial
lots for the purpose of maintaining, improving, or beautifying
township cemeteries; (3) Contributions of money from the township general fund; (4) An individual agreement with the purchaser of a burial
lot providing that a part of the purchase price is to be applied
to the purpose of maintaining, improving, or beautifying any
burial lot designated and named by the purchaser; (5) Individual gifts, devises, or bequests made for the
care
maintenance, improvement, and
beautifying
beautification of any
burial lot designated and named
by the person making
such
the
gift, devise, or bequest, in any township cemetery
over which such
board has jurisdiction.
(B)
The board shall invest money in the permanent cemetery
endowment fund in interest-bearing securities. Income from the
investment of money in the fund shall be free from taxation within
this state. Separate accounts shall be established in the fund, one for
money arising from the sources described in divisions (A)(1), (2),
and (3) of this section and at least one for money arising from
each
of the sources described in divisions (A)(4) and (5) of this
section. The principal of the account established for money
arising from the sources described in divisions (A)(1), (2), and
(3) of this section shall be held permanently
in
that account, and
only the income from the investment of the
principal shall be
expended for the purpose for which the account
is created and for
any expense of managing the account. The principal of money
arising from a source described in
division (A)(4) or (5) of this
section and the income arising from
the investment of that
principal shall be held in trust, and the
income shall be expended
only for the maintenance, improvement,
or beautification of the
designated burial lot and for expenses
incurred in managing the
applicable account. Money in an account
established for a source
described in division (A)(4) or (5) of
this section may be
invested with money in other accounts of the
fund, but the income
arising from that investment shall be
apportioned among the
separate accounts on a pro rata basis
according to the sum
invested from each account. (C) The township clerk shall keep an accurate and separate
account of the permanent cemetery endowment fund and each of the
accounts in the fund, the income from the investment of money in
those accounts, and all disbursements from those accounts. The
clerk's account shall be open to inspection at all reasonable
times and shall be approved by the board at each annual meeting.
All moneys and securities in the fund shall remain in the custody
of the clerk and the clerk's successors in office, and the clerk
and the clerk's sureties shall be liable upon the official bond
for their safekeeping and proper accounting, as for other moneys,
securities, and property in the clerk's possession and belonging
to the township. For any purpose connected with money held in
trust in the fund, the board and its successors may commence any
action in court, or make any defense in an action in court,
necessary to the execution of the trust.
Sec. 5571.14.
Whenever any fence
(A) A board of township
trustees or township highway superintendent may determine that an
object bounding any public highway, and located
wholly or in part
on the land belonging to
such
the highway, in any way interferes
with
snow or ice removal from, the maintenance of, or the proper
grading, draining, or dragging of
such
the highway,
or causes the
drifting of snow
on the highway, or in any other manner obstructs
or endangers the public
travel of
such
the highway, the. The
board
of township trustees
or superintendent then may declare
such
fence
the object to be a public nuisance and order the owner,
agent, or occupant of the
lands
land on
or bordering upon which
such fence
the object is maintained, to remove it
from such
highway within thirty days. If
such
that person refuses or
neglects to comply with
their
the order, the board
or
superintendent shall have the
fence
object removed, and the. The
expense incurred
in that removal shall be certified to the county
auditor and entered on the tax duplicate
against
such
that land,
to be collected
in the same manner as other taxes.
(B)(1) The authority granted in this section is in addition
to the authority granted in section 5543.14 of the Revised Code to
remove vegetation and the authority granted
in section 5547.03 of
the Revised Code to remove objects or
structures constituting
highway obstructions.
(2) The authority granted in this section applies to land
belonging to a highway whether owned in fee simple or by easement. (3) Objects that may be declared to be a public nuisance
under this section include a fence, post, pole, athletic or
recreational apparatus, rock, or berm, any vegetation, or any
other object identified by the board or superintendent as
interfering with or obstructing the highway under division (A) of
this section. (C) The authority granted in this section does not apply to
an object that is lawfully entitled to be maintained on land
belonging to a highway pursuant to a franchise or other grant of
public authority.
Sec. 5705.13. (A)
A taxing
authority of a subdivision, by
resolution or ordinance, may
establish
a reserve balance
account
accounts to accumulate currently available
resources for
any of
the
following purposes: (1) To stabilize subdivision budgets against cyclical
changes in revenues
and expenditures; (2) Except as otherwise provided by this section, to provide
for the
payment of claims under a self-insurance program for the
subdivision, if the
subdivision is permitted by law to establish
such a program; (3) To provide for the payment of claims under a
retrospective ratings
plan for workers' compensation. The ordinance or resolution establishing a reserve balance
account shall
state the purpose for which the
reserve balance
account is established, the
fund in which the account is to be
established, and the total amount of money
to be reserved in the
account. A subdivision that participates in a risk-sharing pool, by
which
governments pool risks and funds and share in the costs of
losses, shall not
establish a reserve balance account to provide
self-insurance for the
subdivision. A taxing authority of a subdivision shall not have more than
three reserve
balance
accounts at any time. Not more than one
reserve balance account may be
established for each of the
purposes permitted under
divisions (A)(2) and (3) of this section.
Money to
the credit of a
reserve balance account may be expended
only for the purpose
for
which the account was established.
A reserve balance account established for the purpose
described in
division (A)(1) of this section
shall
may be
established
in the general
fund
or in one or more special funds of
the subdivision, and the. The amount of money to
be reserved in
that
such an account in any fiscal year shall not exceed
five per
cent of the
general fund
revenue
for
credited in the preceding
fiscal
year
to the fund in which the account is established.
Subject to division (G) of
section 5705.29 of the Revised
Code,
any reserve balance in
an account
established under division
(A)(1) of this section shall not be
considered part of the
unencumbered balance or revenue of the subdivision
under division
(A) of section 5705.35 or division (A)(1) of
section 5705.36 of
the Revised Code. At any time, a taxing authority of a subdivision, by
resolution or
ordinance, may
reduce or eliminate the reserve
balance in a reserve balance account
established for the purpose
described in division (A)(1) of this
section. A reserve balance account established for the purpose
described in
division (A)(2) or (3) of this section shall be
established in the general
fund
of the subdivision or by the
establishment of a separate internal service
fund established to
account for the operation of the self-insurance or retrospective
ratings plan
program, and shall be based on sound actuarial
principles. The total amount
of money in a reserve balance
account for self-insurance may be expressed in dollars or as the
amount
determined to represent an adequate reserve according to
sound actuarial
principles. A taxing authority of a subdivision, by resolution or
ordinance, may
rescind a reserve balance account established under
this division. If a
reserve balance account is rescinded, money
that has accumulated in the
account shall be transferred to the
fund or funds from which the money
originally was transferred. (B) A taxing authority of a subdivision, by resolution or
ordinance, may
establish a special revenue fund for the purpose of
accumulating resources
for the payment of accumulated sick leave
and vacation leave, and for payments
in lieu of taking
compensatory time off, upon the
termination of employment or the
retirement of officers and employees of the
subdivision. The
special revenue fund may also accumulate resources for
payment of
salaries during any fiscal year when the number of pay periods
exceeds the usual and customary number of pay periods.
Notwithstanding
sections 5705.14, 5705.15, and 5705.16 of the
Revised Code,
the taxing authority, by resolution or ordinance,
may transfer money to the
special
revenue fund from any other fund
of the subdivision from which such payments
may lawfully be made.
The taxing authority, by resolution or ordinance,
may rescind a
special revenue fund established under this division. If a
special revenue fund is rescinded, money that has accumulated in
the fund
shall be transferred to the fund or funds from which the
money originally was
transferred. (C) A taxing authority of a subdivision, by resolution or
ordinance, may establish a capital projects fund for the purpose
of
accumulating resources for the acquisition, construction, or
improvement of
fixed assets of the subdivision. For the purposes
of this section,
"fixed
assets" includes motor vehicles. More
than one capital projects fund may be
established and may exist at
any time. The ordinance or resolution shall
identify the source
of the money to be used to acquire, construct, or improve
the
fixed assets identified in the resolution or ordinance, the amount
of
money to be accumulated for that purpose, the period of time
over which that
amount is to be accumulated, and the fixed assets
that the taxing authority
intends to acquire, construct, or
improve with the money to be
accumulated in the fund. A taxing authority of a subdivision shall not accumulate
money in a
capital projects
fund for more than five years after
the resolution or ordinance establishing
the fund is adopted. If
the subdivision has not entered into a contract for
the
acquisition, construction, or improvement of
fixed assets for
which money was accumulated in such a fund before the end of
that
five-year period, the fiscal officer of the subdivision
shall
transfer all money in the fund to the fund or funds from which
that
money originally was transferred or the fund that originally
was intended to
receive the money. A taxing authority of a subdivision, by resolution or
ordinance, may
rescind a capital
projects fund. If a capital
projects fund is rescinded, money that has
accumulated in the fund
shall be transferred to the fund or funds from which
the money
originally was transferred. Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the
taxing authority of a subdivision, by resolution
or ordinance, may transfer
money to the
capital projects fund from
any other fund of the subdivision that may
lawfully
be used for
the purpose of acquiring, constructing, or improving the fixed
assets identified in the resolution or ordinance.
Section 2. That existing sections 505.10, 507.11, 517.15,
5571.14, and 5705.13 and sections 517.16, 517.17, and 517.18 of
the Revised Code are hereby repealed.
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