A road maintenance agreement (RUMA) is an agreement between local governments and private energy developers for the repair and maintenance of roads damaged or damaged by traffic related to energy production. These agreements are a true example of a partnership between the public and private sectors to ensure that vital local infrastructure stimulates economic development at no extra cost to taxpayers. As with any new area of legal compliance, many townships and counties have fought with their oversight responsibility according to the Ohio Attorney General Opinion 2012-029. The investigation revealed that many contractors who worked under RUMA agreements violating Ohio`s wage law. Answer: No. A.C. 153.69 authorizes an authority to contract for professional planning services such as engineering and architecture services and imposes various requirements on these markets. While an authority must follow “r.C 153.69 when providing for a contract for professional design services,” a RUMA “is not a “professional design service contract,” as the term is used in R.C 153.69, as the company will also perform improvements and repairs to circular roads defined in plans and projects.” (2012 op. Att`y Gen. No 2012-029, Syllabus Nr. 2 and s.14) The notice states that R.C 1509.06 (A) (11) expressly requires that a company applying for oil and gas drilling authorization (1) identify the routes it will use to access the well and (2) will submit a copy of its agreement with the government authority responsible for the maintenance and safe use of the roads. “or “an affidavit certifying that the applicant attempted to enter into such an agreement in good faith, but was unable to do so.” Answer: Yes.

After analyzing various statutes in Ohio, which are relevant to the obligation of an authority to improve and repair roads, the Attorney General concluded: “[a] The county may comply with the R.C. 9.334, R.C 153.693, R.C 1509.06, R.C 5555.022, R.C 5557.06, or R.C 5727.75, enter into an agreement with a private oil and gas drilling company. to improve and repair the circular roads it has used at no cost to the county. (2012 op. Att`y Gen. No. 2012-029, Syllabus No. 1) Projects and works requiring heavy and excessive transportation on county and township highways may require a RUMA.

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