Ohio § 505.375

§ 505.375.

(A)(1)(a) The boards of township trustees of one or more townships and the legislative authorities

of one or more municipal corporations, or the legislative authorities of two or more

municipal corporations, or the boards of township trustees of two or more townships,

may negotiate an agreement to form a fire and ambulance district for the delivery

of both fire and ambulance services.  The agreement shall be ratified by the adoption of a joint resolution by a majority

of the members of each board of township trustees involved and a majority of the members

of the legislative authority of each municipal corporation involved.  The joint resolution shall specify a date on which the fire and ambulance district

shall come into being. (b) If a joint fire district created under section 505.371 of the Revised Code or a joint ambulance district created under section 505.71 of the Revised Code is dissolved to facilitate the creation of a fire and ambulance district under division

(A)(1)(a) of this section, the townships and municipal corporations forming the fire

and ambulance district may transfer to the fire and ambulance district any of the

funds on hand, moneys and taxes in the process of collection, credits, and real and

personal property apportioned to them under division (D) of section 505.371 of the Revised Code or section 505.71 of the Revised Code , as applicable, for use by the fire and ambulance district in accordance with this

section. (2)(a) The board of trustees of a joint ambulance district created under section 505.71 of the Revised Code and the board of fire district trustees of a joint fire district created under section 505.371 of the Revised Code may negotiate to combine their two joint districts into a single fire and ambulance

district for the delivery of both fire and ambulance services, if the geographic area

covered by the combining joint districts is exactly the same.  Both boards shall adopt a joint resolution ratifying the agreement and setting a

date on which the fire and ambulance district shall come into being. (b) On that date, the joint fire district and the joint ambulance district shall cease

to exist, and the power of each to levy a tax upon taxable property shall terminate,

except that any levy of a tax for the payment of indebtedness within the territory

of the joint fire or joint ambulance district as it was composed at the time the indebtedness

was incurred shall continue to be collected by the successor fire and ambulance district

if the indebtedness remains unpaid.  All funds and other property of the joint districts shall become the property of

the fire and ambulance district, unless otherwise provided in the negotiated agreement.  The agreement shall provide for the settlement of all debts and obligations of the

joint districts. (B)(1) The governing body of a fire and ambulance district created under division (A)(1)

or (2) of this section shall be a board of trustees, appointed as provided in the

agreement creating the district.  Members of the board may be compensated at a rate not to exceed thirty dollars per

meeting for not more than fifteen meetings per year, and may be reimbursed for all

necessary expenses incurred, as provided in the agreement creating the district. (2) The board shall employ a clerk and other employees as it considers best, including

a fire chief or fire prevention officers, and shall fix their compensation.  Neither this section nor any other section of the Revised Code requires, or shall

be construed to require, that the fire chief of a fire and ambulance district be a

resident of the district. Before entering upon the duties of office, the clerk shall execute a bond, in the

amount and with surety to be approved by the board, payable to the state, conditioned

for the faithful performance of all of the clerk's official duties.  The clerk shall deposit the bond with the presiding officer of the board, who shall

file a copy of it, certified by the presiding officer, with the county auditor of

the county containing the most territory in the district. The board also shall provide for the appointment of a fiscal officer for the district

and may enter into agreements with volunteer fire companies for the use and operation

of fire-fighting equipment.  Volunteer firefighters acting under such an agreement are subject to the requirements

for volunteer firefighters set forth in division (A) of section 505.38 of the Revised Code . (3) Employees of the district shall not be removed from office except as provided by sections 733.35 to 733.39 of the Revised Code , except that, to initiate removal proceedings, the board shall designate a private

citizen or, if the employee is employed as a firefighter, the board may designate

the fire chief, to investigate, conduct the proceedings, and prepare the necessary

charges in conformity with those sections, and except that the board shall perform

the functions and duties specified for the municipal legislative authority under those

sections.  The board may pay reasonable compensation to any private citizen hired for services

rendered in the matter. (4) No person shall be appointed as a permanent full-time paid member of the district

whose duties include fire fighting, or be appointed as a volunteer firefighter, unless

that person has received a certificate issued under former section 3303.07 or section

4765.55 of the Revised Code evidencing satisfactory completion of a firefighter training

program.  The board may send its officers and firefighters to schools of instruction designed

to promote the efficiency of firefighters and, if authorized in advance, may pay their

necessary expenses from the funds used for the maintenance and operation of the district. The board may choose, by adoption of an appropriate resolution, 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.  The board may remove, by resolution, its emergency medical service organization

from the jurisdiction of the state board of emergency medical, fire, and transportation

services. (C) The board of trustees of a fire and ambulance district created under division (A)(1)

or (2) of this section may exercise the following powers: (1) Purchase or otherwise provide any fire apparatus, mechanical resuscitators, or other

fire or ambulance equipment, appliances, or materials;  fire hydrants;  and water

supply for firefighting purposes that seems advisable to the board; (2) Provide for the care and maintenance of equipment and, for that purpose, purchase,

lease, lease with an option to purchase, or construct and maintain necessary buildings; (3) Establish and maintain lines of fire-alarm communications within the limits of the

district; (4) Appropriate land for a fire station or medical emergency unit needed in order to

respond in reasonable time to a fire or medical emergency, in accordance with Chapter

163. of the Revised Code; (5) Purchase, appropriate, or accept a deed or gift of land to enlarge or improve a fire

station or medical emergency unit; (6) Purchase, lease, lease with an option to purchase, maintain, and use all materials,

equipment, vehicles, buildings, and land necessary to perform its duties; (7) Contract for a period not to exceed three years with one or more townships, municipal

corporations, counties, joint fire districts, joint ambulance districts, governmental

agencies, nonprofit corporations, or private ambulance owners located either within

or outside the state, to furnish or receive ambulance services or emergency medical

services within the several territories of the contracting parties, if the contract

is first authorized by all boards of trustees and legislative authorities concerned; (8) Establish reasonable charges for the use of ambulance or emergency medical services

under the same conditions under which a board of fire district trustees may establish

those charges under section 505.371 of the Revised Code ; (9) Establish all necessary rules to guard against the occurrence of fires and to protect

property and lives against damage and accidents; (10) Adopt a standard code pertaining to fire, fire hazards, and fire prevention prepared

and promulgated by the state or by a public or private organization that publishes

a model or standard code; (11) Provide for charges for false alarms at commercial establishments in the same manner

as joint fire districts are authorized to do under section 505.391 of the Revised Code ; (12) Issue bonds and other evidences of indebtedness, subject to Chapter 133. of the Revised

Code, but only after approval by a vote of the electors of the district as provided

by section 133.18 of the Revised Code ; (13) To provide the services and equipment it considers necessary, levy a sufficient tax,

subject to Chapter 5705. of the Revised Code, on all the taxable property in the district. (D) Any municipal corporation or township may join an existing fire and ambulance district,

whether created under division (A)(1) or (2) of this section, by its legislative authority's

adoption of a resolution requesting the membership and upon approval of the board

of trustees of the district.  Any municipal corporation or township may withdraw from a district, whether created

under division (A)(1) or (2) of this section, by its legislative authority's adoption

of a resolution ordering withdrawal.  Upon its withdrawal, the municipal corporation or township ceases to be a part of

the district, and the district's power to levy a tax on taxable property in the withdrawing

township or municipal corporation terminates, except that the district shall continue

to levy and collect taxes for the payment of indebtedness within the territory of

the district as it was composed at the time the indebtedness was incurred. Upon the withdrawal of any township or municipal corporation from a district, the

county auditor of the county containing the most territory in the district shall ascertain,

apportion, and order a division of the funds on hand, including funds in the ambulance

and emergency medical services fund, moneys and taxes in the process of collection,

except for taxes levied for the payment of indebtedness, credits, and real and personal

property on the basis of the valuation of the respective tax duplicates of the withdrawing

municipal corporation or township and the remaining territory of the district. (E) As used in this section: (1) “ Governmental agency ” includes all departments, boards, offices, commissions, agencies, colleges, universities,

institutions, and other instrumentalities of this or another state. (2) “Emergency medical service organization” has the same meaning as in section 4766.01 of the Revised Code .