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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
      Section 2.  That existing sections 503.02, 503.03, 503.08,   150          

and 503.09 of the Revised Code are hereby repealed.                151