Ohio Code 167.03 – Powers
(A) The council shall have the power to:
Terms Used In Ohio Code 167.03
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- state: means the state of Ohio. See Ohio Code 1.59
(1) Study such area governmental problems common to two or more members of the council as it deems appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions, and regional development;
(2) Promote cooperative arrangements and coordinate action among its members, and between its members and other agencies of local or state governments, whether or not within Ohio, and the federal government;
(3) Make recommendations for review and action to the members and other public agencies that perform functions within the region;
(4) Promote cooperative agreements and contracts among its members or other governmental agencies and private persons, corporations, or agencies;
(5) Operate a public safety answering point in accordance with Chapter 128 of the Revised Code;
(6) Perform planning directly by personnel of the council, or under contracts between the council and other public or private planning agencies.
(B) The council may:
(1) Review, evaluate, comment upon, and make recommendations, relative to the planning and programming, and the location, financing, and scheduling of public facility projects within the region and affecting the development of the area;
(2) Act as an areawide agency to perform comprehensive planning for the programming, locating, financing, and scheduling of public facility projects within the region and affecting the development of the area and for other proposed land development or uses, which projects or uses have public metropolitan wide or interjurisdictional significance;
(3) Act as an agency for coordinating, based on metropolitan wide comprehensive planning and programming, local public policies, and activities affecting the development of the region or area.
(C) The council may, by appropriate action of the governing bodies of the members, perform such other functions and duties as are performed or capable of performance by the members and necessary or desirable for dealing with problems of mutual concern.
(D) The authority granted to the council by this section or in any agreement by the members thereof shall not displace any existing municipal, county, regional, or other planning commission or planning agency in the exercise of its statutory powers.
(E) A council, with an educational service center as its fiscal agent, that is established to provide health care benefits to the council members’ officers and employees and their dependents may do either of the following:
(1) Contract to administer and coordinate a self-funded health benefit program of a nonprofit corporation organized under Chapter 1702 of the Revised Code. A council operating a program under division (E)(1) of this section that does not act as an administrator as defined in section 3959.01 of the Revised Code does not constitute engaging in the business of insurance and is not subject to the insurance laws of this state.
(2)(a) Acquire, establish, manage, or operate a separate business entity, including a corporation, company, organization, partnership, or trust, and utilize its unencumbered reserve funds in the acquisition, establishment, management, or operation of the business entity to the extent approved by the council’s governing board and so long as the council remains sufficiently reserved, in the exercise of sound and prudent actuarial judgment, to cover the potential cost of health care benefits for the council members’ officers and employees and their dependents.
(b) Where the business operations or services provided through the separate business entity constitutes engaging in the business of insurance or are otherwise subject to the insurance laws of this state, the business entity shall comply with any requirements set forth in Title XVII or Title XXXIX of the Revised Code and any other sections of the Revised Code or Administrative Code that are applicable to the business entity, and the exclusions from the requirements set forth in the Revised Code and Administrative Code that apply to the self-insurance program of the council under division (C) of section 9.833 of the Revised Code shall not apply to any such business entity or the services it offers.
Last updated July 30, 2021 at 3:56 PM