Ohio § 5555.022

§ 5555.022.

(A) A board of county commissioners, by resolution adopted by a majority vote and acting

without regard to or the necessity for a petition, may find that the public convenience

and welfare require the improvement of any public road or roads, or parts of any public

road or roads, identified in that resolution in a manner provided in section 5555.06 of the Revised Code and may fix the route and termini of the improvement.  If the board determines, in that resolution or in a subsequent resolution, that

special assessments are not to be levied and collected to pay any part of the county's

costs of the improvement, the board, in that resolution or in a subsequent resolution,

including a resolution authorizing the issuance or incurrence of public obligations

for the improvement, may authorize the improvement and the expenditure of funds required

by the county for its construction and may proceed with the improvement without regard

to any other procedures required by sections 5555.03 to 5555.42 , 5555.45 to 5555.47 , 5555.50 , and 5555.81 to 5555.83 of the Revised Code except as otherwise provided in this section. (B) This section applies to and authorizes an improvement located wholly within a single

county, an improvement located in a county and one or more other counties in this

state, an improvement along the county line between a county and one or more other

counties in this state, an improvement extending from a county into or through one

or more adjoining counties in this state, and an improvement on or along the line

between this state and an adjoining state.  If an improvement involves more than one county in this state, the portion of the

cost of the improvement to be borne by each county, after deducting any amount agreed

to be paid by any township in that county in which the improvement is located in whole

or in part, shall be determined, without regard to or necessity for a joint board

of county commissioners, in an agreement among the counties.  Those counties may proceed in accordance with this section if special assessments

are not to be levied and collected, or may proceed in accordance with the provisions

of this chapter applicable to a single county improvement if special assessments are

to be levied and collected.  If an improvement is on or along the line between this state and an adjoining state,

the portion of its cost to be borne by a county in this state shall be determined

in an agreement between the county and the proper authorities of the adjoining state

or its participating or cooperating subdivision or agency. (C) The following provisions also apply to an improvement undertaken pursuant to this

section: (1) The improvement and the proceedings for its construction and financing, including

a contract for the construction, may include, consistent with the other provisions

of this section and notwithstanding any provisions of this chapter to the contrary,

any road or roads or parts of any road or roads, and the provisions of sections 5555.61 to 5555.69 of the Revised Code relating to contracts for the construction of an improvement shall be construed accordingly

and shall be controlling to the extent applicable. (2) Any surveys, plans, profiles, cross sections, estimates of cost, and specifications

that may be required: (a) In the case of a single county improvement, shall be prepared by the county engineer

at the direction of the board of county commissioners and shall require the board's

approval; (b) In the case of an improvement undertaken cooperatively by two or more counties in

this state, shall be prepared by a county engineer of one of the counties as agreed

to by the relevant boards of county commissioners or, if the boards are unable to

so agree and certify that fact jointly to the director of transportation, by a county

engineer of one of those counties designated by the director, and the surveys, plans,

profiles, cross sections, estimates of cost, and specifications so prepared shall

require the approval of each of the boards; (c) In the case of an improvement on or along the line between this state and an adjoining

state, shall be prepared by the county engineer of the county in this state and shall

require the approval of the board of county commissioners and the proper authorities

of the adjoining state or its participating or cooperating subdivision or agency. (D) In the case of an improvement undertaken pursuant to this section on or along the

line between this state and an adjoining state, a board of county commissioners also

may join in its construction with the department of transportation and the equivalent

department of the other state as if the improvement were wholly within this state. (E) If, in the case of an improvement undertaken pursuant to this section involving two

or more counties in this state, the boards of county commissioners of the relevant

counties are unable to agree upon the portion of the costs of the improvement to be

borne by each county and certify that fact jointly to the director of transportation,

the director shall make the apportionment and certify it to each of the counties. (F) A board of county commissioners may order that the county's cost of an improvement

undertaken pursuant to this section be paid from tax levies or a road improvement

fund referred to in section 5555.43 of the Revised Code .  A county may enter into an agreement with any township in which the improvement

is located in whole or in part for the allocation of the cost between the county and

the township. (G) Proceedings for the appropriation of real property or interests in real property

needed by a county for an improvement undertaken pursuant to this section shall take

place in accordance with sections 163.01 to 163.22 of the Revised Code . (H) If, in the case of an improvement undertaken pursuant to this section involving two

or more counties in this state, public obligations are issued or incurred to pay the

costs of the improvement, the obligations shall be issued separately by each county

for its portion of those costs, and the boards of county commissioners may provide

for the construction of a portion of the improvement wholly within one county as and

to the extent authorized for a joint board of county commissioners by section 5555.32 of the Revised Code . (I) Actions required or authorized to be taken by a board of county commissioners pursuant

to this section may be taken, consistent with the other provisions of this section,

by a majority vote of the members of the board.