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H. B. No. 97 As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Willamowski, Hagan, McGregor, Seitz, Calvert, Schmidt, Schaffer, Faber, Allen, White, Seaver, Ujvagi, Webster, Fessler, Callender, Buehrer
A BILL
To amend sections 505.37, 505.50, and 5549.021 of the Revised Code to
permit a board of township trustees to
enter into a
lease or a lease with an option to purchase for police department or
road equipment and a board of township trustees, a board of fire district trustees, or a municipal corporation legislative authority to enter into a lease or lease with an option to purchase for fire-fighting equipment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.37, 505.50, and 5549.021 of the Revised Code be
amended 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
Chapter 504,. of the
Revised Code, with the
approval of the
specifications by the
township's law director, purchase, lease, lease with an option to 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, lease with an option to purchase, 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, lease, lease with an option to 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, lease, lease with an option to 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
........................ (name) fire district, 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, lease, or lease with an option to 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 organization 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. 505.50. The board of township trustees may purchase, lease, lease with an option to purchase, or
otherwise acquire any police apparatus, equipment, including a
public communications system, or materials that the township
police district requires and may build, purchase, lease, or lease with an option to purchase any
building or buildings and site of the building or buildings that
are necessary for the operations of the district. The boards of trustees of any two or more contiguous
townships, may, by joint agreement, unite in the joint purchase, lease, lease with an option to purchase,
maintenance, use, and operation of police equipment, for any
other police purpose designated in sections 505.48 to 505.55 of
the Revised Code, and to prorate the expense of such that joint action
on such terms as are mutually agreed upon by the trustees in each
affected township. The board of trustees of any township may enter into a
contract with one or more townships, a municipal corporation, a
park district created pursuant to section 511.18 or 1545.01 of
the Revised Code, or the county sheriff upon any terms that are
mutually agreed upon for the provision of police protection
services or additional police protection services either on a
regular basis or for additional protection in times of emergency.
The contract shall be agreed to in each instance by the
respective board or boards of township trustees, the board of county
commissioners, the board of park commissioners, or the
legislative authority of the municipal corporation involved.
Such The contract may provide for a fixed annual charge to be paid at
the time agreed upon in the contract. Chapter 2744. of the Revised Code, insofar as it is
applicable to the operation of police departments, applies to the
contracting political subdivisions and police department members
when such the members are serving outside their own political subdivision
pursuant to such a contract. Police department members acting
outside the political subdivision in which they are employed may
participate in any pension or indemnity fund established by their
employer and are entitled to all the rights and benefits of
Chapter 4123. of the Revised Code, to the same extent as while
performing services within the political subdivision.
Sec. 5549.021. (A) 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.
(B) A board of township trustees may enter into a lease for
machinery, tools, trucks, and other equipment for use in
constructing, maintaining, and repairing roads, including a lease
with an option to purchase. Any lease with an option to purchase
shall require the board to pay a cash down payment of at least
three-twentieths of the total cost. If the board sells used
equipment as part of a lease with option to purchase,
the cash down payment may be reduced by the amount of the selling
price of the used equipment. A lease with an option to purchase
may be entered into only with the lowest responsive and
responsible bidder of the equipment after advertising for bids in
the manner provided in section 5575.01 of the Revised Code.
Section 2. That existing sections 505.37, 505,50, and 5549.021 of the Revised Code
are hereby repealed.
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