As Introduced 1
123rd General Assembly 4
Regular Session H.B. No.91 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-LUEBBERS-TAYLOR-KREBS- 8
OPFER-VESPER-SCHULER-YOUNG 9
10
A B I L L
To amend sections 503.02, 503.03, 503.08, and 503.09 12
of the Revised Code to provide that a township 13
reduced at the request of a municipal corporation 15
to less than twenty-two square miles may continue 16
as a reduced township unless a petition is filed 18
by the township electors, to change the procedure 19
for partitioning a township, and to change who 20
may petition in a township to have the 22
unincorporated township territory separated from 23
the incorporated township territory. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That section 503.02, 503.03, 503.08, and 503.09 28
of the Revised Code be amended to read as follows: 29
Sec. 503.02. The (A) EXCEPT AS OTHERWISE PROVIDED IN THIS 38
SECTION, THE board of county commissioners may change the 39
boundaries of any civil township, or partition any township among 40
other townships within the county, by attaching a part of one 41
township to another, by dividing one township and attaching the 42
parts to other townships, or by laying off and designating a new 43
township from the territory of one or more townships of the same 44
county or from territory not before included in a civil township,
when it is made to appear necessary or expedient by a petition 45
for that purpose, signed by a majority of the householders 46
ELECTORS residing within the bounds of the townships to be 48
affected by such THE partition or division, AS DETERMINED BY THE 49
2
NUMBER OF VOTES CAST IN THOSE TOWNSHIPS FOR THE OFFICE OF 50
GOVERNOR AT THE MOST RECENT GENERAL ELECTION FOR THAT OFFICE. 51
IF THE BOARD RECEIVES A PETITION TO PARTITION A TOWNSHIP 53
THAT HAS ADOPTED A LIMITED SELF-GOVERNMENT FORM OF GOVERNMENT 54
UNDER CHAPTER 504. OF THE REVISED CODE, SIGNED BY A MAJORITY OF 55
THE ELECTORS RESIDING IN THAT TOWNSHIP, THE BOARD SHALL CERTIFY 56
THE QUESTION OF WHETHER OR NOT THE TOWNSHIP SHALL REMAIN INTACT
TO THE BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL 57
DETERMINE THE VALIDITY AND SUFFICIENCY OF THE SIGNATURES ON THE 59
PETITION AND, IF THERE ARE ENOUGH VALID SIGNATURES, SHALL PLACE 60
THE QUESTION ON THE BALLOT AT A SPECIAL ELECTION TO BE HELD ON
THE DAY OF THE NEXT GENERAL OR PRIMARY ELECTION IN THE TOWNSHIP 63
OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER THE PETITION IS FILED,
FOR A VOTE OF THE ELECTORS WITHIN THAT TOWNSHIP. IF A MAJORITY 64
OF THOSE VOTING VOTE AGAINST KEEPING THE TOWNSHIP INTACT, THE 65
BOARD OF COUNTY COMMISSIONERS SHALL PROCEED TO PARTITION THE 66
TOWNSHIP. IF A MAJORITY OF THOSE VOTING VOTE FOR KEEPING THE 67
TOWNSHIP INTACT, THE BOARD OF COUNTY COMMISSIONERS SHALL NOT 68
PARTITION THE TOWNSHIP AND SHALL DENY THE PETITION.
(B) IF A TOWNSHIP IS DIVIDED OR PARTITIONED UNDER THIS 70
SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL APPORTION THE 71
FUNDS IN THE TOWNSHIP'S TREASURY TO THE TOWNSHIP TO WHICH 72
PORTIONS OF THE DIVIDED OR PARTITIONED TOWNSHIP ARE ATTACHED, OR 73
TO THE NEW TOWNSHIPS ESTABLISHED, TO THE EXTENT THE FUNDS ARE 74
COLLECTED FROM THOSE PORTIONS OR THOSE NEW TOWNSHIPS.
Sec. 503.03. No EXCEPT AS PROVIDED IN SECTION 503.09 OF 83
THE REVISED CODE, NO NEW township shall be laid off containing 84
less than twenty-two square miles, or have its BUT THE boundaries 86
so OF A TOWNSHIP MAY BE changed SO as to reduce its territory 88
below that quantity, unless it includes a municipal corporation, 89
except as provided by sections 503.09 to 503.13, inclusive, of 90
the Revised Code. In case of division or partition of a 91
township, the funds in the treasury thereof shall be apportioned 92
to the townships to which portions thereof are attached, or to 93
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the new townships established, to the extent they are collected
from such territory. 94
Sec. 503.08. In making AFTER a change of boundaries IS 103
MADE as provided by section 503.07 of the Revised Code, if any 105
township not having a municipal corporation REMAINING within its 107
limits is reduced in territory to less than twenty-two square
miles, it may thereupon be annexed by the board of county 110
commissioners to any contiguous township, or the board may annex 112
thereto territory from any contiguous township and erect a new 113
township. If a majority of the householders of such reduced 114
township, outside the limits of a municipal corporation, petition 115
for such annexation, the board may erect such reduced township 116
into a new township PARTITIONED AS PROVIDED IN SECTION 503.02 OF 117
THE REVISED CODE. UNLESS AND UNTIL A PARTITION IS MADE UNDER
THAT SECTION, THE REMAINING TOWNSHIP TERRITORY SHALL REMAIN 118
INTACT. IF THE CHANGES MADE UNDER SECTION 503.07 OF THE REVISED 119
CODE REQUIRE THE REMAINING TOWNSHIP TO ACQUIRE A NEW TOWNSHIP
NAME, THE BOARD OF COUNTY COMMISSIONERS SHALL NAME THE REMAINING 120
TOWNSHIP AND RECORD THE NAME IN A BOOK KEPT AS REQUIRED IN 121
SECTION 503.04 OF THE REVISED CODE. NO TWO TOWNSHIPS IN ANY 122
COUNTY SHALL BE INCORPORATED BY THE SAME NAME.
Sec. 503.09. Where IF a township contains a municipal 131
corporation, either in whole or in part, AND if a majority of the 133
freehold electors owning land in the portion of such a THE 136
township outside the municipal corporation's corporate limits, 139
petitions, with a map accurately setting forth such territory,
praying to have such territory erected into a new township, and 141
excluding the territory within the municipal corporation, the 142
board of county commissioners shall enter an order erecting such 143
territory into a new township, the boundaries of which need not 144
include twenty-two square miles of territory. Upon the erection 145
of such THE new township, the territory lying within the limits 146
of the new municipal corporation in the original township shall 147
be considered as not being located in any township. 148
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Section 2. That existing sections 503.02, 503.03, 503.08, 150
and 503.09 of the Revised Code are hereby repealed. 151