130th Ohio General Assembly
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S. B. No. 273  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 273


Senators Turner, Seitz 

Cosponsors: Senators Cates, Sawyer, Miller, D., Smith 



A BILL
To enact section 715.021 of the Revised Code to generally authorize municipal corporations and other political subdivisions to enter into agreements to perform services for one another.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 715.021 of the Revised Code be enacted to read as follows:
Sec. 715.021.  (A)(1) When authorized by their respective legislative authorities, any municipal corporation may enter into an agreement with any other municipal corporation or with the legislative authority of any township, port authority, water or sewer district, school district, library district, health district, park district, soil and water conservation district, water conservancy district, or other taxing district, or with the board of county commissioners of any county, and such legislative authorities may enter into agreements with any municipal corporation, whereby the municipal corporation agrees to exercise any power, perform any function, or render any service for the contracting subdivision, that the municipal corporation is otherwise legally authorized to exercise, perform, or render, or whereby the legislative authority of any such contracting subdivision agrees to exercise any power, perform any function, or render any service for the municipal corporation that the contracting subdivision is otherwise legally authorized to exercise, perform, or render.
(2) In the absence in the agreement of provisions determining by what officer, office, department, agency, or authority the powers and duties of the municipal corporation shall be exercised or performed, the legislative authority of the municipal corporation shall determine and assign such powers and duties. In the absence in the agreement of provisions determining by what officer, office, department, agency, or authority the powers and duties of any contracting subdivision shall be exercised or performed, the legislative authority of such contracting subdivision shall determine and assign such powers and duties. Any agreement authorized by this section shall not suspend the possession by a contracting subdivision of any power or function exercised or performed by the municipal corporation, or the possession by a municipal corporation of any power or function exercised or performed by the contracting subdivision, in pursuance of the agreement.
(B) No municipal corporation or political subdivision shall enter into any agreement pursuant to division (A) of this section to levy any tax or to exercise, with regard to public moneys, any investment powers, perform any investment function, or render any investment service on behalf of a contracting subdivision.
(C) Chapter 2744. of the Revised Code, insofar as it applies to the operation of a political subdivision, applies to the political subdivisions that are parties to an agreement authorized by this section and to their employees when they are rendering a service outside the boundaries of their employing political subdivision under such an agreement. Employees acting outside the boundaries of their employing political subdivision while providing a service under an agreement authorized by this section may participate in any pension or indemnity fund established by the political subdivision to the same extent as while acting within the boundaries of the political subdivision, and are entitled to all the rights and benefits of Chapter 4123. of the Revised Code, to the same extent as while they are performing a service within the boundaries of the political subdivision.
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