As Reported by House Local Governments & Townships Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 91 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-LUEBBERS-TAYLOR-KREBS-OPFER- 8
VESPER-SCHULER-YOUNG-ROMAN-EVANS-HOOPS-CATES-CLANCY- 9
O'BRIEN-BARRETT-VERICH-SYKES-CAREY-PETERSON 10
_________________________________________________________________ 11
A B I L L
To amend sections 503.02, 503.03, 503.08, and 503.09 13
of the Revised Code to provide that a township 14
reduced at the request of a municipal corporation 16
to less than twenty-two square miles may continue 17
as a reduced township unless a petition is filed 19
by the township electors, to change the procedure 20
for partitioning a township, and to change who 21
may petition in a township to have the 23
unincorporated township territory separated from 24
the incorporated township territory. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 503.02, 503.03, 503.08, and 503.09 29
of the Revised Code be amended to read as follows: 30
Sec. 503.02. The (A) EXCEPT AS OTHERWISE PROVIDED IN THIS 39
SECTION, THE board of county commissioners may change the 40
boundaries of any civil township, or partition any township among 41
other townships within the county, by attaching a part of one 42
township to another, by dividing one township and attaching the 43
parts to other townships, or by laying off and designating a new 44
township from the territory of one or more townships of the same 45
county or from territory not before included in a civil township,
when it is made to appear necessary or expedient by a petition 46
for that purpose, signed by a majority of the householders 47
ELECTORS residing within the bounds of the townships to be 49
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affected by such THE partition or division, AS DETERMINED BY THE 50
NUMBER OF VOTES CAST IN THOSE TOWNSHIPS FOR THE OFFICE OF 51
GOVERNOR AT THE MOST RECENT GENERAL ELECTION FOR THAT OFFICE. 52
IF THE BOARD RECEIVES A PETITION TO PARTITION A TOWNSHIP 54
THAT HAS ADOPTED A LIMITED SELF-GOVERNMENT FORM OF GOVERNMENT 55
UNDER CHAPTER 504. OF THE REVISED CODE, SIGNED BY A MAJORITY OF 56
THE ELECTORS RESIDING IN THAT TOWNSHIP, THE BOARD SHALL CERTIFY 57
THE QUESTION OF WHETHER OR NOT THE TOWNSHIP SHALL REMAIN INTACT
TO THE BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL 58
DETERMINE THE VALIDITY AND SUFFICIENCY OF THE SIGNATURES ON THE 60
PETITION AND, IF THERE ARE ENOUGH VALID SIGNATURES, SHALL PLACE 61
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 64
OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER THE PETITION IS FILED,
FOR A VOTE OF THE ELECTORS WITHIN THAT TOWNSHIP. IF A MAJORITY 65
OF THOSE VOTING VOTE AGAINST KEEPING THE TOWNSHIP INTACT, THE 66
BOARD OF COUNTY COMMISSIONERS SHALL PROCEED TO PARTITION THE 67
TOWNSHIP. IF A MAJORITY OF THOSE VOTING VOTE FOR KEEPING THE 68
TOWNSHIP INTACT, THE BOARD OF COUNTY COMMISSIONERS SHALL NOT 69
PARTITION THE TOWNSHIP AND SHALL DENY THE PETITION.
(B) IF A TOWNSHIP IS DIVIDED OR PARTITIONED UNDER THIS 71
SECTION, THE BOARD OF COUNTY COMMISSIONERS SHALL APPORTION THE 72
FUNDS IN THE TOWNSHIP'S TREASURY TO THE TOWNSHIP TO WHICH 73
PORTIONS OF THE DIVIDED OR PARTITIONED TOWNSHIP ARE ATTACHED, OR 74
TO THE NEW TOWNSHIPS ESTABLISHED. THIS APPORTIONMENT MAY TAKE 75
INTO ACCOUNT THE TAXABLE PROPERTY VALUATION, POPULATION, OR SIZE 76
OF THE PORTIONS CREATED BY THE DIVISION OR PARTITION, AS WELL AS 77
ANY OTHER READILY ASCERTAINABLE CRITERIA.
Sec. 503.03. No EXCEPT AS PROVIDED IN SECTION 503.09 OF 86
THE REVISED CODE, NO NEW township shall be laid off containing 87
less than twenty-two square miles, or have its BUT THE boundaries 89
so OF A TOWNSHIP MAY BE changed SO as to reduce its territory 91
below that quantity, unless it includes a municipal corporation, 92
except as provided by sections 503.09 to 503.13, inclusive, of 93
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the Revised Code. In case of division or partition of a 94
township, the funds in the treasury thereof shall be apportioned 95
to the townships to which portions thereof are attached, or to 96
the new townships established, to the extent they are collected
from such territory. 97
Sec. 503.08. In making AFTER a change of boundaries IS 106
MADE as provided by section 503.07 of the Revised Code, if any 108
township not having a municipal corporation REMAINING within its 110
limits is reduced in territory to less than twenty-two square
miles, it may thereupon be annexed by the board of county 113
commissioners to any contiguous township, or the board may annex 115
thereto territory from any contiguous township and erect a new 116
township. If a majority of the householders of such reduced 117
township, outside the limits of a municipal corporation, petition 118
for such annexation, the board may erect such reduced township 119
into a new township PARTITIONED AS PROVIDED IN SECTION 503.02 OF 120
THE REVISED CODE. UNLESS AND UNTIL A PARTITION IS MADE UNDER
THAT SECTION, THE REMAINING TOWNSHIP TERRITORY SHALL REMAIN 121
INTACT. IF THE CHANGES MADE UNDER SECTION 503.07 OF THE REVISED 122
CODE REQUIRE THE REMAINING TOWNSHIP TO ACQUIRE A NEW TOWNSHIP
NAME, THE BOARD OF COUNTY COMMISSIONERS SHALL NAME THE REMAINING 123
TOWNSHIP AND RECORD THE NAME IN A BOOK KEPT AS REQUIRED IN 124
SECTION 503.04 OF THE REVISED CODE. NO TWO TOWNSHIPS IN ANY 125
COUNTY SHALL BE INCORPORATED BY THE SAME NAME.
Sec. 503.09. Where IF a township contains a municipal 134
corporation, either in whole or in part, AND if a majority of the 136
freehold electors owning land in the portion of such a THE 139
township outside the municipal corporation's corporate limits, 142
petitions, with a map accurately setting forth such territory,
praying to have such territory erected into a new township, and 144
excluding the territory within the municipal corporation, the 145
board of county commissioners shall enter an order erecting such 146
territory into a new township, the boundaries of which need not 147
include twenty-two square miles of territory. Upon the erection 148
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of such THE new township, the territory lying within the limits 149
of the new municipal corporation in the original township shall 150
be considered as not being located in any township. 151
Section 2. That existing sections 503.02, 503.03, 503.08, 153
and 503.09 of the Revised Code are hereby repealed. 154