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S. B. No. 273 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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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