Ohio § 505.37

§ 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 purchase, lease, lease with an option to purchase, or

otherwise provide any fire apparatus, mechanical resuscitators, underwater rescue

and recovery equipment, or other fire equipment, appliances, materials, fire hydrants,

and water supply for fire-fighting and fire and rescue purposes that seems advisable

to the board.  The board shall provide for the care and maintenance of such 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 such fire equipment,

or it may enter into an agreement with a volunteer fire company for the use and operation

of the equipment.  The board may compensate the members of a volunteer fire company on any basis and

in any amount that it considers equitable. When the estimated cost to purchase fire apparatus, mechanical resuscitators, underwater

rescue and recovery equipment, or other fire equipment, appliances, materials, fire

hydrants, buildings, or fire-alarm communications equipment or services exceeds the

amount specified in section 9.17 of the Revised Code , the contract shall be let by competitive bidding.  No purchase or other transaction subject to this section shall be divided into component

parts in order to avoid the requirements of this section.  When competitive bidding is required, the board shall advertise once a week for

not less than two consecutive weeks using at least one of the following methods: (1) In the print or digital edition of a newspaper of general circulation within the

township; (2) On the official public notice web site established under section 125.182 of the Revised Code ; (3) On the web site and social media account of the township. The board may also cause notice to be inserted in trade papers or other publications

designated by it or to be distributed by electronic means, including posting the notice

on the board's internet web site. The advertisement shall include the time, date, and place where the clerk of the township,

or the clerk's designee, will read bids publicly.  The time, date, and place of bid openings may be extended to a later date by the

board of township trustees, provided that written or oral notice of the change shall

be given to all persons who have received or requested specifications not later than

ninety-six hours prior to the original time and date fixed for the opening.  The board may reject all the bids or accept the lowest and best bid, provided that

the successful bidder meets the requirements of section 153.54 of the Revised Code when the contract is for the construction, demolition, alteration, repair, or reconstruction

of an improvement. (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 of these,

may, through joint action, unite in the joint purchase, lease, lease with an option

to purchase, maintenance, use, and operation of fire equipment described in division

(A) of this section, 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, mechanical resuscitators, underwater rescue and recovery equipment,

or other fire equipment, appliances, materials, fire hydrants, and water supply for

fire-fighting and fire and rescue 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, or a portion of 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

or a portion 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 or a portion of 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 or a portion of a municipal corporation, adoption by the municipal

legislative authority of a resolution or ordinance requesting the addition of the

municipal corporation or a portion 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) The board requests and obtains from the county auditor the information required for

a tax levy under section 5705.03 of the Revised Code , in the manner prescribed in that section, except that the levy's annual collections

shall be estimated assuming that the additional territory has been added to the fire

district. (4) 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, the rate,

expressed in mills for each one dollar of taxable value, the effective rate, expressed

in dollars for each one hundred thousand dollars of the county auditor's market value,

and termination date of the tax, which shall be the rate, effective 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 and the county auditor's certification under division (C)(3) of this

section to the board of elections in accordance with section 5705.19 of the Revised Code .  The election required under division (C)(4) 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, that the county auditor estimates will collect $____ annually,

at a rate not exceeding ______ mills for each $1 of taxable value, which amounts to

$________ (here insert effective rate) for each $100,000 of the county auditor's market

value, 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 or portion thereof

and if it had adopted a tax levy for fire purposes, the levy is terminated on the

effective date of the joinder in the area of the municipal corporation added to the

district. 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 withdrawing municipal corporation or the portion thereof

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 or the portion

thereof 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. As used in this section, “the county auditor's market value” and “effective rate”

have the same meanings as in section 5705.01 of the Revised Code . (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 equipment described in division

(A) of this section, 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 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 fiscal officer, fire district clerk, 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. Section 505.40 of the Revised Code does not apply to any securities issued, or any lease with an option to purchase

entered into, in accordance with this division. (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 state board of emergency medical, fire, and transportation services 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 state board

of emergency medical, fire, and transportation services.