| Section 1. That sections 505.62, 709.02, 709.03, 709.032, | 11 |
|
709.033, 709.04, 709.13, 709.14, 709.15, 709.19, 709.21, 929.02, | 12 |
|
and 5705.31
be amended and new sections 709.031, 709.07, 709.11, | 13 |
|
and 709.16
and sections 709.013, 709.014, 709.015,
709.021, | 14 |
|
709.022, 709.023, 709.024, 709.192, and 5705.315
of the Revised | 15 |
|
Code be enacted to read as follows: | 16 |
The board of township trustees of a township that includes | 23 |
territory that is proposed to be annexed has standing in any | 24 |
appeal of the board of county commissioners' decision on the | 25 |
annexation of township territory that is taken pursuant to
section | 26 |
709.07 or Chapter 2506. of the Revised Code, if the board
of | 27 |
township trustees was represented at the annexation hearing
before | 28 |
the board of county commissioners,expert witnesses, and
other | 29 |
|
consultants as the board determines are necessary for any | 30 |
|
potential or
pending annexation action, including proceedings | 31 |
|
before a board of
county commissioners or any court. The board | 32 |
|
also may appropriate general
revenue fund moneys for any other | 33 |
|
expenses it considers necessary that are
related to any potential | 34 |
|
or pending annexation actions. | 35 |
(A) A full(1)The signatures of a majority of the owners
of | 86 |
|
real estate in the territory proposed for annexation. The
person | 87 |
|
who signs
or the circulator of the petition also shall
write the | 88 |
|
date the signature was
made next to the owner's name.
No
signature | 89 |
|
obtained more than one hundred eighty days before the
date on | 90 |
|
which
the petition is filed shall be counted in
determining the | 91 |
|
number of signers of
the petition. Any owner who
signed the | 92 |
|
petition may have the
signature
removed before the
document is | 93 |
|
filed by delivering a signed statement to the
agent
for the | 94 |
|
petitioners expressing the owner's wish to have the
signature | 95 |
|
removed.
Upon receiving a signed statement, the agent
for the | 96 |
|
petitioners shall strike
through the signature, causing
the | 97 |
|
signature to be deleted from the petition. | 98 |
| (D) At the time of filing the petition for annexation, the | 108 |
|
agent for the petitioners also shall file with the clerk of the | 109 |
|
board a list
of all tracts, lots, or parcels in the territory | 110 |
|
proposed for annexation, and all tracts, lots, or
parcels located | 111 |
|
adjacent to that territory or directly across the
road from it | 112 |
|
when the road is adjacent to it,
including
the name and mailing | 113 |
|
address of
the owner of each tract, lot, or parcel, and
the | 114 |
|
permanent parcel
number from the county auditor's permanent parcel | 115 |
|
numbering system
established
under section 319.28 of the Revised | 116 |
|
Code for each
tract, lot, or parcel. This list shall not
be | 117 |
|
considered to be a
part of the
petition for annexation, and any | 118 |
|
error on the
list
shall not affect the
validity
of the petition. | 119 |
(E) As used in sections 709.02 to 709.21
and,
709.38, and | 120 |
|
709.39 of the Revised Code, "owner" or
"owners" means any adult | 121 |
individual
seized of a freehold estate in land who is legally | 122 |
|
competent,the state or any political subdivision as defined in | 123 |
|
section 5713.081
of the Revised Code, and any firm, trustee, or | 124 |
private corporation
that,any of which is
seized of a freehold | 125 |
estate in land; except that
individuals,
firms, and corporations | 126 |
holding easements
and any railroad, utility,
street, and highway | 127 |
|
rights-of-way held in fee, by easement, or by dedication
and | 128 |
acceptance are not
included within
suchthose meanings; and no | 129 |
|
person, firm, trustee, or private
corporation,the state, or any | 130 |
|
political subdivision,
that has
become an owner
of real estate by | 131 |
|
a
conveyance, the primary purpose of which is to affect the number | 132 |
of owners required to sign
an annexationa petition
for | 133 |
annexation, is included
within
suchthose meanings.
For purposes | 134 |
|
of sections 709.02
to 709.21, 709.38,
and 709.39 of the Revised | 135 |
|
Code, the state or any political subdivision shall not be | 136 |
|
considered an owner and
shall not be
included in determining the | 137 |
|
number of owners needed to sign a petition unless
an authorized | 138 |
|
agent of the state or the political subdivision signs the | 139 |
|
petition. The authorized agent for the state shall be the | 140 |
|
director of
administrative services. | 141 |
| An owner is determined as of the date the petition is filed | 142 |
|
with the board
of county commissioners.
If the owner is a | 143 |
|
corporation, partnership, business
trust, estate, trust, | 144 |
|
organization, association, group,
institution, society, state, or | 145 |
|
political subdivision, the
petition shall be signed by a person | 146 |
|
who is authorized to sign
for that entity. A person who owns more | 147 |
|
than one parcel of real
estate, either individually or as a tenant | 148 |
|
in common or by survivorship
tenancy, shall be counted as one | 149 |
|
owner for purposes of this chapter. | 150 |
| (B) Application for annexation shall be made by a petition | 161 |
|
filed with the clerk of the board of county commissioners of the | 162 |
|
county in which the territory is located, and the procedures | 163 |
|
contained in divisions (C), (D), and (E) of section
709.02 of the | 164 |
|
Revised Code shall be followed, except that all owners, not
just a | 165 |
|
majority of owners, shall sign the petition. To be valid, each | 166 |
|
petition circulated for the special procedure in section 709.022 | 167 |
|
or 709.023 of the Revised Code shall contain the notice provided | 168 |
|
for in division (B) of section 709.022 or division (A) of section | 169 |
|
709.023 of the Revised Code, whichever is applicable. | 170 |
| Sec. 709.022. (A) A petition filed under section
709.021
of | 180 |
|
the Revised Code that requests to follow this section is
for
the | 181 |
|
special procedure of annexing land with the consent of all | 182 |
|
parties. The
petition shall be accompanied by a certified copy of | 183 |
|
an
annexation agreement provided for in section 709.192 of the | 184 |
|
Revised Code or of a cooperative
economic development agreement | 185 |
|
provided for in section 701.07 of the
Revised Code, that is | 186 |
|
entered into by the municipal
corporation and each township any | 187 |
|
portion of which is included within the
territory proposed for | 188 |
|
annexation. Upon the
receipt of the petition and the applicable | 189 |
|
agreement, the board of county
commissioners, at the board's next | 190 |
|
regular session, shall
enter upon its journal a resolution | 191 |
|
granting
the annexation, without holding a hearing. | 192 |
| (C) After the board of county commissioners grants the | 206 |
|
petition
for annexation, the
clerk of the board shall deliver a | 207 |
|
certified copy of the entire record of the
annexation proceedings, | 208 |
|
including all resolutions of the board, signed by a majority of | 209 |
|
the members of the board, the petition, map, and all other papers | 210 |
|
on file, and the recording of the proceedings, if a copy is | 211 |
|
available,
to the auditor or clerk of the municipal
corporation to | 212 |
|
which annexation is proposed. | 213 |
| Sec. 709.023. (A) A petition filed under section 709.021 | 214 |
|
of the Revised Code that requests to follow this section is
for | 215 |
|
the special procedure of annexing land into a municipal | 216 |
|
corporation when,
subject to division (H) of this section, the | 217 |
|
land also is not to be excluded from the township under
section | 218 |
|
503.07 of the Revised Code. The owners who sign
this petition by | 219 |
|
their signature expressly waive their right to appeal in law or | 220 |
|
equity from the board of county commissioners' entry of any | 221 |
|
resolution under this section, waive any rights they may have to | 222 |
|
sue on any
issue
relating to a municipal
corporation requiring a | 223 |
|
buffer as provided
in this section, and waive any
rights to seek a | 224 |
|
variance
that would
relieve or exempt them from that buffer | 225 |
|
requirement. | 226 |
| (B) Upon the filing of the petition
in
the office of the | 236 |
|
clerk of the board of county commissioners, the clerk shall
cause | 237 |
|
the petition to be entered upon the board's
journal at its next | 238 |
|
regular session. This entry shall be the
first official act of | 239 |
|
the board on the petition.
Within five days after the filing of | 240 |
|
the petition, the agent for the
petitioners shall notify in the | 241 |
|
manner and form specified in this division the
clerk of the | 242 |
|
legislative authority of
the municipal corporation to which | 243 |
|
annexation is proposed, the
clerk of each township any portion of | 244 |
|
which is included within the
territory proposed for annexation, | 245 |
|
the clerk of the board of
county commissioners of each county
in | 246 |
|
which the territory
proposed for annexation is located other
than | 247 |
|
the county in which
the petition is filed, and the owners of | 248 |
|
property adjacent to the territory proposed for annexation or | 249 |
|
adjacent to a road that is adjacent to that territory and located | 250 |
|
directly across that road from that territory. The
notice shall | 251 |
| refer to
the time and date when the
petition was
filed and the | 252 |
| county in
which it was filed and shall
have attached
or shall be | 253 |
| accompanied
by a copy of the petition
and any
attachments or | 254 |
| documents
accompanying the petition as
filed. | 255 |
| (C) Within twenty days after the date that the petition is | 265 |
|
filed,
the
legislative authority of the municipal corporation to | 266 |
|
which
annexation is proposed shall adopt an ordinance or | 267 |
|
resolution
stating what services the municipal corporation will | 268 |
|
provide, and
an approximate date by which it will provide them, to | 269 |
|
the
territory proposed for annexation, upon annexation. The | 270 |
|
municipal corporation
is
entitled in its sole discretion to | 271 |
|
provide to the territory
proposed for annexation, upon annexation, | 272 |
|
services in addition to
the services described in that ordinance | 273 |
|
or resolution. | 274 |
| If the
territory proposed for annexation is subject to zoning | 275 |
|
regulations
adopted under either Chapter 303. or 519. of the | 276 |
|
Revised
Code at the time the petition is filed, the legislative | 277 |
|
authority of the municipal corporation also shall adopt an | 278 |
|
ordinance or resolution stating that, if the territory is annexed | 279 |
|
and becomes subject to zoning by the municipal corporation and | 280 |
|
that municipal zoning permits uses in the annexed territory that | 281 |
|
the municipal corporation determines are clearly incompatible with | 282 |
|
the
uses permitted under current county or township zoning | 283 |
|
regulations
in the
adjacent land remaining within the township | 284 |
|
from
which the territory was annexed, the legislative authority of | 285 |
|
the
municipal corporation will require, in the zoning ordinance | 286 |
|
permitting the incompatible uses, the owner of the annexed | 287 |
|
territory to provide a buffer separating the use of the
annexed | 288 |
|
territory and the adjacent land remaining within the
township.
For | 289 |
|
the purposes of this section, "buffer" includes
open space, | 290 |
|
landscaping, fences, walls, and other structured
elements; streets | 291 |
|
and street rights-of-way; and bicycle and
pedestrian paths and | 292 |
|
sidewalks. | 293 |
| If the municipal corporation and each of those townships | 309 |
|
timely
files an ordinance or resolution consenting to the proposed | 310 |
|
annexation, the board at its next regular
session shall enter upon | 311 |
|
its journal a resolution granting the
proposed annexation. If, | 312 |
|
instead, the municipal corporation or
any of those townships files | 313 |
|
an ordinance or resolution that
objects to the proposed | 314 |
|
annexation, the board of county
commissioners shall proceed as | 315 |
|
provided in division (E) of this
section. Failure of the | 316 |
|
municipal corporation or any of those townships to timely file an | 317 |
|
ordinance or resolution consenting or objecting to the proposed | 318 |
|
annexation shall be deemed to constitute consent by that municipal | 319 |
|
corporation or township to the proposed annexation. | 320 |
| (F) Not less than thirty or more than forty-five days after | 353 |
|
the
date that the petition is filed, if the petition is not | 354 |
|
granted under
division (D) of this section, the board of county | 355 |
|
commissioners, if
it finds that each of the conditions specified | 356 |
|
in division (E) of
this section has been met,
shall enter upon its | 357 |
|
journal a resolution granting the
annexation. If the board of | 358 |
|
county commissioners finds that one or more of
the conditions | 359 |
|
specified in division (E) of this section have not been met, it | 360 |
|
shall
enter upon its journal a resolution that states which of | 361 |
|
those conditions the board finds have not been met and that denies | 362 |
|
the
petition. | 363 |
| (H) Notwithstanding anything to the contrary in section | 372 |
|
503.07
of the Revised Code, unless otherwise provided in an | 373 |
|
annexation agreement
entered
into pursuant to section 709.192 of | 374 |
|
the Revised Code or in a
cooperative economic development | 375 |
|
agreement entered into pursuant to section
701.07 of the Revised | 376 |
|
Code,
territory
annexed into a municipal corporation pursuant to | 377 |
|
this section shall not
at any time be excluded from the township | 378 |
|
under section 503.07 of the
Revised Code and, thus, remains | 379 |
|
subject to the township's real property taxes. | 380 |
| Sec. 709.024. (A)
A petition filed under
section 709.021
of | 391 |
|
the Revised Code that requests to follow this section is
for
the | 392 |
|
special procedure of annexing land into a municipal corporation | 393 |
|
for the
purpose of undertaking a
significant economic development | 394 |
|
project. As used in this
section, "significant economic | 395 |
|
development project" means one or more
economic development | 396 |
|
projects that can be classified as industrial,
distribution, high | 397 |
|
technology, research and development, or
commercial, which | 398 |
|
projects may include ancillary residential and retail uses
and | 399 |
|
which projects shall satisfy all of the
following: | 400 |
| (1) Total private real and personal property investment
in a | 401 |
|
project shall be in excess of ten million dollars through land and | 402 |
|
infrastructure, new construction,
reconstruction, installation of | 403 |
|
fixtures and equipment, or the addition of
inventory, excluding | 404 |
|
investment solely related to the ancillary residential and retail | 405 |
|
elements, if any, of the project. As used in this division, | 406 |
|
"private real and personal property investment" does not include | 407 |
|
payments in lieu of taxes, however characterized, under Chapter | 408 |
|
725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75, | 409 |
|
or
5709.78 to 5709.81 of the Revised Code. | 410 |
| (B) Upon the filing of the petition under section 709.021 of | 417 |
|
the Revised Code
in the office of the clerk of the board of county | 418 |
|
commissioners, the
clerk shall cause the petition to be entered | 419 |
|
upon the journal of
the board at its next regular session. This | 420 |
|
entry shall be the
first official act of the board on the | 421 |
|
petition.
Within five days after the filing of the petition, the | 422 |
|
agent for the
petitioners shall notify in the manner and form | 423 |
|
specified in this division the
clerk of the legislative authority | 424 |
|
of
the municipal corporation to which
annexation is proposed, the | 425 |
|
clerk of each township any portion of which is included within the | 426 |
|
territory proposed for annexation, the clerk of the board of | 427 |
|
county commissioners of each county in which the territory | 428 |
|
proposed for annexation is located other than the county in which | 429 |
|
the petition is filed, and the owners of property adjacent to the | 430 |
|
territory proposed for annexation or adjacent to a road that is | 431 |
|
adjacent to that territory and located directly across that road | 432 |
|
from that territory. The notice shall refer to the
time and date | 433 |
| when the
petition was filed and the county in which
it was filed | 434 |
| and shall
have attached or shall be accompanied by a
copy of the | 435 |
| petition
and any attachments or documents accompanying
the | 436 |
| petition as
filed.
| 437 |
| (C)(1) Within thirty days after the
petition is filed, the | 447 |
|
legislative authority of the municipal
corporation to which | 448 |
|
annexation is proposed and each township any
portion of which is | 449 |
|
included within the territory proposed for
annexation may adopt | 450 |
|
and file with the board of county
commissioners an ordinance or | 451 |
|
resolution consenting or objecting
to the proposed annexation. An | 452 |
|
objection to the proposed
annexation shall be based solely upon | 453 |
|
the petition's failure to
meet the conditions specified in | 454 |
|
division (F) of this section.
Failure of the
municipal | 455 |
|
corporation or any of those townships to timely file an
ordinance | 456 |
|
or resolution consenting or objecting to the proposed
annexation | 457 |
|
shall be deemed to constitute consent by that municipal | 458 |
|
corporation or township to the proposed annexation. | 459 |
| (2) Within twenty days after receiving the notice required | 460 |
|
by division
(B) of this section, the legislative
authority of the | 461 |
|
municipal corporation shall adopt, by ordinance
or resolution, a | 462 |
|
statement indicating what services the municipal corporation
will | 463 |
|
provide or cause to be provided, and an
approximate date by which | 464 |
|
it will provide or cause them to be provided, to the
territory | 465 |
|
proposed for annexation, upon annexation. If a hearing is to be | 466 |
|
conducted
under division (E) of this section, the legislative | 467 |
|
authority shall
file the statement
with the clerk of the board of | 468 |
|
county commissioners
at least twenty days before the date of the | 469 |
|
hearing. | 470 |
| (E) Unless the petition is granted under division (D) of | 478 |
|
this section, a
hearing
shall be held on the petition. The board | 479 |
|
of county commissioners
shall hear the petition at its next | 480 |
|
regular session and shall notify the agent
for the petitioners of | 481 |
|
the hearing's date,
time,
and place. The agent for the | 482 |
|
petitioners shall give, within five days after receipt of the | 483 |
| notice of the hearing from the board, to the parties and property | 484 |
| owners
entitled to notice
under division (B) of this section, | 485 |
| notice of the date,
time, and place of
the hearing. Notice to a | 486 |
| property owner is sufficient if sent by regular United States mail | 487 |
| to the tax mailing address listed on the county auditor's records. | 488 |
| At the hearing, the parties
and
any owner of real
estate within | 489 |
| the territory proposed to be annexed
are entitled to
appear for | 490 |
| the purposes described in division (C) of
section
709.032 of the | 491 |
| Revised Code. | 492 |
| (H) Notwithstanding anything to the contrary in section | 534 |
|
503.07
of the Revised Code, unless otherwise provided in an | 535 |
|
annexation agreement entered into
pursuant to section 709.192 of | 536 |
|
the Revised Code or in a cooperative economic development | 537 |
|
agreement entered into pursuant to section 701.07 of the Revised | 538 |
|
Code, territory annexed into
a municipal corporation pursuant to | 539 |
|
this section shall not at any time be
excluded from the township | 540 |
|
under section 503.07 of the Revised Code and, thus, remains | 541 |
|
subject to the township's real property taxes. | 542 |
Sec. 709.03. The(A)Once a petition
required bydescribed | 549 |
in
section 709.02 of
the Revised Code
shall beis filed
in, the | 550 |
officeclerk of the board of
county commissioners
and the clerk | 551 |
shall cause the petition to be
entered upon the
record of | 552 |
proceedingsjournal of the board,
whichat its next regular | 553 |
|
session. This entry shall
be the first official act of the board | 554 |
on the
annexation
petition, and shall cause the petition to be | 555 |
filed in the office
of the county auditor, where it shall be | 556 |
subject to the
inspection of any interested person. The agent for | 557 |
the
petitioners shall cause written notice of the filing of the | 558 |
petition with the board of county commissioners and the date of | 559 |
such filing to be delivered to the clerk of the legislative | 560 |
authority of the municipal corporation to which annexation is | 561 |
proposed and to the clerk of each township any portion of
which is | 562 |
included within the territory sought to be annexed. Any
person. | 563 |
| Within five days after the filing of the petition, the board
shall | 564 |
|
set the date, time, and place for the hearing on
the petition and | 565 |
|
shall notify the agent for the petitioners.
The date for the | 566 |
|
hearing shall be not less than sixty or more
than ninety days | 567 |
|
after the petition is filed with the clerk of
the board. | 568 |
| (1) Within five days cause written notice of the
filing of | 571 |
|
the petition with the board of county commissioners,
the date and | 572 |
|
time of the filing, and the date, time, and place of the hearing, | 573 |
|
to be
delivered to the clerk of the legislative authority of the | 574 |
|
municipal corporation to which annexation is proposed, to the | 575 |
|
clerk of each township any portion of which is included within
the | 576 |
|
territory proposed for annexation, and to the clerk of the
board | 577 |
|
of county commissioners of each county in which the
territory | 578 |
|
proposed for annexation is located other than the
county in which | 579 |
|
the petition is filed. The notice shall
state the date and time | 580 |
|
when the petition was filed and the county
in which it was filed | 581 |
|
and shall have attached or shall be
accompanied by a copy of the | 582 |
|
petition and any attachments or
documents accompanying the | 583 |
|
petition as filed. The notice shall
be given by certified mail, | 584 |
|
return receipt requested, or by
causing the notice to be | 585 |
|
personally served on the appropriate
governmental officer, with | 586 |
|
proof of service being by affidavit
of the person who delivered | 587 |
|
the notice. Within ten days after
the date of completion of | 588 |
|
service, the agent for the petitioners shall file
proof of service | 589 |
|
of the
notice with the board of county commissioners
with which | 590 |
|
the petition was filed. | 591 |
| (2) Within ten days send by regular mail a copy of the | 592 |
|
notice of the board of county commissioners of the hearing to all | 593 |
|
owners
of property within the territory proposed to be annexed, | 594 |
|
and to all owners of property adjacent to the territory proposed | 595 |
|
to be annexed or adjacent to a road that is adjacent to that | 596 |
|
territory and located directly across that road from that | 597 |
|
territory,
whose
names were provided by the agent for the | 598 |
|
petitioners under
division (D) of section 709.02
of the Revised | 599 |
|
Code, along with a
map of the
territory proposed to be annexed and | 600 |
|
a statement
indicating
where the full petition for annexation can | 601 |
|
be reviewed.
The
notice also shall include a statement that any | 602 |
|
owner who
signed
the petition may remove the owner's signature by | 603 |
|
filing
with the
clerk of the board of county commissioners a | 604 |
|
written
notice of
withdrawal of the owner's signature within | 605 |
|
twenty-one
days
after the date the agent mails the notice; the | 606 |
|
agent shall
include with each
mailed notice a certification of the | 607 |
|
date of its
mailing for this purpose.
Within ten days
after the | 608 |
|
mailing of
the notices,
the agent shall file with the board of | 609 |
|
county
commissioners with
which the petition was filed, a | 610 |
|
notarized
affidavit
that
a notice was sent by regular mail to | 611 |
|
these property
owners. | 612 |
| (3) Cause a notice containing the substance of the
petition, | 613 |
|
and the date, time, and place of the hearing, to be
published at | 614 |
|
least once and at least seven days prior to
the date fixed for the | 615 |
|
hearing, in a newspaper of general
circulation in each county in | 616 |
|
which territory proposed for
annexation is situated. Within ten | 617 |
|
days after the date of
completion of the publication or at the | 618 |
|
hearing, whichever comes
first, the agent for the petitioners | 619 |
|
shall file proof of publication of the
notice with
the board of | 620 |
|
county commissioners with which the petition was filed. | 621 |
| (D) Upon receiving the notice described in division
(B)(1) | 632 |
|
of this section, the
legislative authority of the municipal | 633 |
|
corporation shall adopt, by
ordinance or resolution, a statement | 634 |
|
indicating what
services the
municipal corporation
will provide, | 635 |
|
and an approximate date by which
it will provide them, to the | 636 |
|
territory
proposed for annexation, upon annexation.
The statement | 637 |
|
shall be filed with the board of county commissioners at least | 638 |
|
twenty days before the date of the hearing. The municipal | 639 |
|
corporation is
entitled in its sole discretion to provide to the | 640 |
|
territory
proposed for annexation, upon annexation, services in | 641 |
|
addition to
the services described in the ordinance or resolution | 642 |
|
it adopts
under this division. | 643 |
| Sec. 709.031. (A) Within five days after the
petition for | 644 |
|
annexation is filed with the board of county commissioners, the | 645 |
|
clerk of the board
shall refer the legal description of the | 646 |
|
perimeter and the map
or plat of the territory proposed to be | 647 |
|
annexed to the county
engineer for a report upon the accuracy of | 648 |
|
the legal description
of the perimeter, map, or plat. Upon | 649 |
|
receiving these items, the county
engineer shall file, at least | 650 |
|
twenty-five days before the hearing, a written
report with the | 651 |
|
board based on the engineer's findings, which shall
not be | 652 |
|
conclusive upon the board. Failure of the engineer to
make the | 653 |
|
report shall not affect the jurisdiction or duty of the
board to | 654 |
|
proceed. | 655 |
| (B) The petition may
be amended without further notice by | 656 |
|
leave of the board of county
commissioners and with the consent of | 657 |
|
the agent for the petitioners
if the amendment does not add to the | 658 |
|
territory embraced in
the original petition and is made at least | 659 |
|
fifteen days before
the date of the hearing. The board may | 660 |
|
rerefer the legal
description of the perimeter, map, or plat to | 661 |
|
the county
engineer if revisions are made in them, for a report on | 662 |
|
their
accuracy. Upon receiving these items, the county engineer | 663 |
|
shall file, on or
before the date of the hearing, a written report | 664 |
|
with the
board based on the engineer's findings, which shall not | 665 |
|
be
conclusive upon the board. Failure of the engineer to make the | 666 |
|
report shall not affect the jurisdiction or duty of the board to | 667 |
|
proceed. | 668 |
| (C) The board of township trustees of any township | 669 |
|
containing any
territory proposed for annexation and any owners of | 670 |
|
real estate in the
territory proposed for annexation may request | 671 |
|
that reasonable proof be
presented of the authority of a person | 672 |
|
signing the petition on behalf of any person other than a natural | 673 |
|
being, the
state, or a political subdivision of the state. The | 674 |
|
request shall be in
writing and be filed with the board of county | 675 |
|
commissioners and with the agent for the petitioners at least | 676 |
| fifteen days prior
to the hearing on the petition. When such a | 677 |
|
request is filed, the agent for
the petitioners shall present to | 678 |
|
the board of county commissioners at the
hearing held under | 679 |
|
section 709.032 of the Revised Code sufficient evidence by | 680 |
|
affidavit or
testimony to establish that
the owner is a person | 681 |
|
other than a natural being, the state, or a political
subdivision | 682 |
|
of the state and that the owner authorized the person whose | 683 |
|
signature is on the petition to sign the petition on its behalf. | 684 |
|
If the
board does not
find the evidence sufficient to establish | 685 |
|
this authority, it shall remove the
signature from the petition. | 686 |
(B) The hearing provided for in section
709.031709.03 of | 692 |
the Revised Code shall be public.
AnyThe board of county | 693 |
|
commissioners may, or at the request
of any necessary party shall, | 694 |
|
issue subpoenas for witnesses or for
books, papers, | 695 |
|
correspondence, memoranda, agreements, or other
documents or | 696 |
|
records relevant or material to the petition,
directed to the | 697 |
|
sheriff of each county where the witnesses or
documents or records | 698 |
|
are found, which subpoenas shall be served
and returned in the | 699 |
|
same manner as those allowed by the court of
common pleas in | 700 |
|
criminal cases. The fees and mileage of
sheriffs and witnesses | 701 |
|
shall be the same as those allowed by the
court of common pleas in | 702 |
|
criminal cases. The fee and mileage
expenses incurred at the | 703 |
|
request of a party shall be paid in
advance by the party, and the | 704 |
|
remainder of the expenses
shall be paid out of fees charged by the | 705 |
|
board for the
annexation proceedings. In case of disobedience or | 706 |
|
neglect of any
subpoena served on any person, or the refusal of | 707 |
|
any witness to
testify to any matter regarding which the witness | 708 |
|
may be
lawfully interrogated, the court of common pleas of the | 709 |
|
county
in which the disobedience, neglect, or refusal occurs, or | 710 |
|
any
judge of that court, on application of the board, any member | 711 |
|
of the board, or a necessary party, may compel obedience by | 712 |
|
attachment
proceedings for
contempt as in the case of disobedience | 713 |
|
of the requirements of a
subpoena issued from the court or a | 714 |
|
refusal to testify
in the court. An owner of a company, firm, | 715 |
|
partnership, association, or corporation that is subpeoned may | 716 |
|
have an agent or attorney appear before the board on that owner's | 717 |
|
behalf in response to the subpoena. | 718 |
| The board of county
commissioners shall make, by electronic | 719 |
|
means or some other
suitable method, a
record of the hearing. If | 720 |
|
a request,
accompanied by a deposit to pay the
costs, is filed | 721 |
|
with the
board
not later than seven days before the hearing, the | 722 |
|
board shall
provide an
official court reporter to record the | 723 |
|
hearing. The
record of the hearing need
not be transcribed unless | 724 |
|
a request,
accompanied by an amount to cover the
cost of | 725 |
|
transcribing the
record, is filed with the board. | 726 |
(C) Any person may appear,
in
person or by attorney, and, | 727 |
| after being sworn, may
support or contest the
granting of
the | 728 |
prayer of the petition
provided for by section 709.02 of the | 729 |
Revised Code. Affidavits presented in support of or against the | 730 |
prayer of such petition shall be considered by the board,but
only | 731 |
|
if the affidavits are filed with the board and served as provided | 732 |
|
in the
Rules of Civil Procedure upon the necessary parties
to the | 733 |
|
annexation proceedings at least fifteen days before the
date of | 734 |
|
the hearing; provided that the board shall accept an affidavit | 735 |
|
after
the fifteen-day
period if the purpose of the affidavit is | 736 |
|
only to establish the affiant's
authority to sign the petition on | 737 |
|
behalf of the entity for which the affiant
signed.
Necessary | 738 |
|
parties
or their representatives are entitled to
present evidence, | 739 |
|
examine and cross-examine witnesses, and comment on all
evidence, | 740 |
|
including any affidavits presented to the board under this | 741 |
|
division. | 742 |
| (D) At the hearing, any owner who signed the petition for | 743 |
annexation may appear, and, after being sworn as provided by | 744 |
section 305.21 of the Revised Code, testify orally that
histhe | 745 |
|
owner's signature was obtained by fraud, duress, | 746 |
|
misrepresentation,
including any misrepresentation relating to the | 747 |
|
provision of
municipal services to the territory proposed to be | 748 |
|
annexed, or
undue influence. Any person may testify orally after | 749 |
being so
sworn in support
of or rebuttal to
suchthe prior | 750 |
testimony by the
owner.
The commissioners, the agent for the | 751 |
petitioners or his
attorney, and such owner or his attorney may | 752 |
examine such
witnesses, including the ownerAny witnesses and | 753 |
|
owners who
testify shall be subject to cross-examination by the | 754 |
|
necessary parties to the annexation proceedings.
If a majority of | 755 |
the county
commissioners find that
suchthe owner's signature was | 756 |
|
obtained
under
circumstances that did constitute fraud, duress, | 757 |
|
misrepresentation, or undue influence, they shall find the | 758 |
signature to be void, and shall order it removed from the
petition | 759 |
|
as of the time the petition was filed. | 760 |
(B) The board of county commissioners shall
grantenter upon | 809 |
its journal a resolution granting or
denydenying the
petition for | 810 |
annexation within
ninetythirty days after the
hearing
set | 811 |
pursuant toprovided for in section
709.031709.032
of the Revised | 812 |
|
Code.
The resolution shall include specific findings of fact
as
to | 813 |
|
whether each of the conditions listed in divisions (A)(1)
to
(6) | 814 |
|
of this section has been met. Upon journalization of the | 815 |
|
resolution,
the
clerk of the board shall send a certified copy of | 816 |
|
it to the agent for the
petitioners, the
clerk of the legislative | 817 |
|
authority of the municipal corporation to which
annexation is | 818 |
|
proposed,
the clerk of each township in which the territory | 819 |
|
proposed for
annexation is located, and the clerk of the board of | 820 |
|
county commissioners of
each county in which the territory | 821 |
|
proposed for annexation is located other
than the county in which | 822 |
|
the petition is filed. The clerk of the board shall
take no | 823 |
|
further action until the expiration of thirty days after the date | 824 |
|
of journalization. | 825 |
(1) If the board
of county commissioners grantsgranted the | 830 |
petition
for annexation
it,the clerk shall
enter on its
journal | 831 |
all the orders of
the board relating to the annexation and deliver | 832 |
a certified
transcript ofcopy of the entire record of the | 833 |
annexation
proceedings, including all
ordersresolutions of the | 834 |
|
board,
signed by a majority of the members of the board, the | 835 |
|
petition, map, and all
other papers on file,the recording of the | 836 |
|
proceedings, if a copy is
available, and exhibits presented at the | 837 |
|
hearing relating to the
annexation proceedings, to the auditor or | 838 |
|
clerk of the municipal corporation to which annexation is | 839 |
|
proposed. | 840 |
(2) If the board
of county commissioners deniesdenied
the | 841 |
petition
for annexation,
itthe clerk shall send a certified copy | 842 |
of its
orderresolution
denying the annexation to the agent for | 843 |
|
the petitioners and to
the clerk of the municipal corporation to | 844 |
which the annexation
was proposed.
If, on any appeal of any such | 845 |
annexation denial, a
court holds that the board's denial was | 846 |
contrary to law, and if
the court orders the clerk of the board of | 847 |
county commissioners
to enter on the journal of the board an order | 848 |
approving the
annexation, then the clerk shall enter the order. | 849 |
| Sec. 709.04. At the next regular session of the
legislative | 855 |
|
authority of the municipal corporation to which
annexation is | 856 |
|
proposed, after the expiration of sixty
days from the date of | 857 |
filing with him asthe delivery
required by
division
(C) of | 858 |
|
section
709.022or division (C)(1) of
section
709.033 of the | 859 |
Revised Code, the auditor or clerk of
suchthat municipal | 860 |
corporation shall lay the
transcriptresolution of the board | 861 |
|
granting the petition and the
accompanying map or plat and | 862 |
petition
required by such section before the legislative | 863 |
authority.
Thereupon theThe legislative authority, by
resolution | 864 |
or
ordinance,
then shall accept or reject the
applicationpetition | 865 |
|
for
annexation. If the legislative authority fails to pass an | 866 |
ordinance or
resolution accepting the
applicationpetition for | 867 |
annexation
within a
period of one hundred twenty days after
the | 868 |
transcript isthose
documents are laid
before it by the auditor or | 869 |
clerk, the
applicationpetition for
annexation
shall be
deemed | 870 |
considered rejected by the legislative
authority, unless it
has | 871 |
been prevented from acting by a temporary restraining order,
a | 872 |
temporary injunction, or some other order of a court. | 873 |
| Sec. 709.07. (A) The agent for the petitioners,
any owner of | 874 |
|
real estate in the territory proposed for annexation,
any township | 875 |
|
in
which territory proposed for annexation is located, and the | 876 |
|
municipal
corporation to which the territory is proposed
to be | 877 |
|
annexed may file an appeal under Chapter 2506. of the Revised Code | 878 |
|
from
a resolution of the board of county commissioners granting or | 879 |
|
denying the
petition. The agent for the petitioners, any township | 880 |
|
in which the
territory proposed for annexation is located, and any | 881 |
|
municipal corporation to
which the territory is proposed to be | 882 |
|
annexed are necessary parties in an
appeal. The filing of a | 883 |
|
notice of appeal with the clerk of the board of
county | 884 |
|
commissioners shall operate as a stay of execution upon that clerk | 885 |
|
and all parties to the appeal, which stay shall not be
lifted | 886 |
|
until the court having jurisdiction over the proceedings enters a | 887 |
|
final
order affirming or reversing the decision of the board of | 888 |
|
county commissioners
and the time limits for an appeal of that | 889 |
|
final order have passed without a
notice
of appeal being filed. | 890 |
| (C) If, after all appeals have been exhausted, the final | 899 |
|
determination of the court is that the petition for annexation | 900 |
|
should be
granted,
the board of county commissioners shall enter | 901 |
|
on its
journal a resolution granting the annexation, if such a | 902 |
|
resolution has not already been journalized, and the clerk of the | 903 |
|
board shall
deliver a certified
copy of that journal entry and of | 904 |
|
the entire record of the
annexation proceedings, including all | 905 |
|
resolutions of the board,
signed by a majority of the members of | 906 |
|
the board, the petition,
map, and all other papers on file, the | 907 |
|
transcript of the
proceedings, and exhibits presented at the | 908 |
|
hearing relating to
the annexation proceedings, to the auditor or | 909 |
|
clerk of the
municipal corporation to which annexation is | 910 |
|
proposed. The municipal auditor
or clerk shall
lay these | 911 |
|
certified papers, along with the copy of the court's
order, before | 912 |
|
the legislative authority at its next regular
meeting. The | 913 |
|
legislative authority then shall proceed to accept
or reject the | 914 |
|
petition for annexation as provided under section
709.04 of the | 915 |
|
Revised
Code. | 916 |
| Sec. 709.16. (A) A municipal corporation may
petition the | 949 |
|
board
of county commissioners to annex contiguous territory owned | 950 |
|
only
by the municipal corporation, a county, or the state. The | 951 |
|
clerk of the board
shall cause the petition to be entered upon the | 952 |
|
board's journal at its next
regular session. This entry shall be | 953 |
|
the first official act of the board upon
the petition.
Proceedings | 954 |
|
on the petition shall be conducted under this section
to the | 955 |
|
exclusion of any other provisions of this chapter except
for | 956 |
|
sections 709.014, 709.14, 709.15, 709.20, and 709.21 of the | 957 |
|
Revised
Code. | 958 |
(3) "Taxes" means the
real and public
utility property
taxes | 1003 |
charged by a township in the base year or, in an annexation
under | 1004 |
division (F) of this section, the real, public
utility, and | 1005 |
tangible personal property taxes
that would have been charged by | 1006 |
the township, if no annexation had occurred, in the year | 1007 |
immediately preceding the year in which the payment is made, and | 1008 |
payable after the reduction required by section 319.301 of the | 1009 |
Revised Code but prior to the reduction required by section | 1010 |
319.302 of the Revised Code, and the taxes levied for such year
by | 1011 |
the township against tangible personal property. "Taxes"
excludes | 1012 |
taxes for the payment of debt charges. | 1013 |
(4) "Township taxes in the annexed territory" means
the | 1014 |
taxes against the real, public utility, and tangible personal | 1015 |
property subject to taxation in the base year in territory
annexed | 1016 |
from the township to a municipal corporation during an
annexation | 1017 |
period or, in an annexation under division
(F)
of this section, | 1018 |
the
taxes against the real, public
utility, and tangible
personal | 1019 |
property that would have been subject to taxation in the
annexed | 1020 |
territory
in the year immediately preceding
the year in
which the | 1021 |
payment
is to be made, if no annexation had occurred. | 1022 |
(5) In the fifth year, twenty per cent of the township
taxes | 1083 |
in the annexed territoryunincorporated territory is annexed to a | 1084 |
|
municipal
corporation and excluded from a township under section | 1085 |
|
503.07 of the
Revised Code, upon exclusion of that territory, the | 1086 |
|
municipal corporation that annexed the territory shall make | 1087 |
|
payments to the township from which the territory was annexed only | 1088 |
|
as provided in this section, except that, if the legislative | 1089 |
|
authority of the municipal corporation enters into an agreement | 1090 |
|
under section 701.07, 709.191, or 709.192 of the Revised
Code with | 1091 |
|
the
township from which the territory was annexed that makes | 1092 |
|
alternate provisions
regarding payments by the municipal | 1093 |
|
corporation, then
the payment provisions in that agreement shall | 1094 |
|
apply in lieu of the
provisions of this section. | 1095 |
| (2) If there has been an exemption by the municipal | 1132 |
|
corporation
of commercial and industrial real, personal, or public | 1133 |
|
utility property
taxes pursuant to section 725.02, 1728.10, | 1134 |
|
3735.67, 5709.40, 5709.41,
5709.62, or 5709.88 of the Revised | 1135 |
|
Code, there shall be no
reduction in the payments owed to the | 1136 |
|
township due to that exemption. The
municipal corporation shall | 1137 |
|
make payments to the township under division
(C)(1)
of this | 1138 |
|
section, calculated as if the exemption had not occurred. | 1139 |
| (F)(1) Notwithstanding any other provision of this
chapter, | 1172 |
|
a board of county commissioners may authorize a
municipal | 1173 |
|
corporation to annex an international airport that the
municipal | 1174 |
|
corporation owns. Unless a contract is entered into
pursuant to | 1175 |
|
division (F)(2) of this section, any municipal
corporation that | 1176 |
|
annexes an international airport under this
division shall make | 1177 |
|
payments to the township from which the
international airport is | 1178 |
|
annexed, in the manner provided in
division (E) of this section. | 1179 |
|
No territory annexed
pursuant to
this division shall be considered | 1180 |
|
part of the municipal
corporation for the purposes of subsequent | 1181 |
|
annexation, except
that the board of county commissioners may | 1182 |
|
authorize subsequent
annexation under this division if the board | 1183 |
determines that
suchsubsequent annexation is necessary to the | 1184 |
|
continued
operation of the international airport. | 1185 |
| (2) The chief executive of a municipal corporation that | 1186 |
|
annexes territory pursuant to this division may enter into a | 1187 |
|
contract with the board of township trustees of the township that | 1188 |
|
loses the territory whereby the township agrees to provide the | 1189 |
|
annexed territory with police, fire, or other services it is | 1190 |
|
authorized to provide in exchange for specified consideration as | 1191 |
|
agreed upon by the board of township trustees and the chief | 1192 |
|
executive. In no instance shall the consideration received by
the | 1193 |
|
township be less than the payments that would be required
under | 1194 |
|
division (F)(1) of this section if no contract were
entered
into. | 1195 |
(G) If after an annexation period for which
payments are | 1196 |
being made or are to be made to a township by one or more | 1197 |
municipal corporations under division (B), (C), or (D) of this | 1198 |
section, the remainder of the unincorporated territory of the | 1199 |
township is annexed to another municipal corporation or | 1200 |
incorporates as a municipal corporation, the balance of the | 1201 |
payments due the township under division (B), (C), or (D) of this | 1202 |
section shall be made to the municipal corporation to which the | 1203 |
remainder of the township territory was annexed or to the | 1204 |
municipal corporation incorporated from the remainder of the | 1205 |
township territory. | 1206 |
| (E) If any party to an annexation agreement
believes another | 1302 |
|
party has failed to perform its part of any provision of that | 1303 |
|
agreement,
including the failure to make any payment of moneys due | 1304 |
|
under the agreement,
that party shall give notice to the other | 1305 |
|
party clearly stating what breach
has occurred. The party | 1306 |
|
receiving the notice has ninety days from the receipt
of that | 1307 |
|
notice to cure the breach. If the breach has not been cured | 1308 |
|
within
that ninety-day period, the party that sent the notice may | 1309 |
|
sue for recovery of
the money due under the agreement, sue for | 1310 |
|
specific enforcement of the
agreement, or terminate the agreement | 1311 |
|
upon giving notice of termination to all
the other parties. | 1312 |
| Sec. 709.21. No error, irregularity, or defect in the | 1334 |
proceedings under
sections 709.01 to 709.20, inclusive, of the | 1335 |
Revised Code, shall
render them invalid, ifonce annexation has | 1336 |
|
become final and the
annexed territory has been recognized as a | 1337 |
part of the annexing municipal
corporation,
and taxes levied upon | 1338 |
|
it as such have been paid, and it
has been subjected to the | 1339 |
authority of the legislative authority of
suchthe annexing | 1340 |
municipal corporation, without objection from the inhabitants of | 1341 |
such
territory. | 1342 |
| (2) The activities conducted on the land produced an
average | 1353 |
|
yearly gross income of at least twenty-five hundred
dollars during | 1354 |
|
that three-year period or the owner has evidence
of an anticipated | 1355 |
|
gross income of that amount from those
activities. The owner | 1356 |
|
shall submit with the application
proof that the owner's land | 1357 |
|
meets the requirements
established under this
division. If the | 1358 |
|
county auditor determines that the application
does not meet the | 1359 |
|
requirements of this section, the county
auditor shall deny the | 1360 |
|
application and notify the applicant by certified
mail, return | 1361 |
|
receipt requested, within thirty days of the filing of the | 1362 |
|
application. The applicant may appeal the denial of the | 1363 |
|
application to the
court of common pleas of the county in which | 1364 |
|
the application was filed within thirty days of the receipt of
the | 1365 |
|
notice. If the county auditor determines that the
application | 1366 |
|
meets the requirements of this section, the county
auditor shall | 1367 |
|
approve the application and notify the applicant within
thirty | 1368 |
|
days of the filing of the application. An application that is
not | 1369 |
|
denied shall be deemed to be approved. The county auditor
shall | 1370 |
|
provide an applicant with a copy of an approved application
within | 1371 |
|
thirty days of the filing of the application. An
application that | 1372 |
|
is approved is effective upon the date of the
filing of the | 1373 |
|
application. | 1374 |
| (B) If the land of a person who files an application under | 1380 |
|
division (A) of this section is within a municipal corporation or | 1381 |
|
if an annexation petition that includes the land has been filed | 1382 |
with the board of county commissioners under section
709.03709.02 | 1383 |
|
of
the Revised Code at the time of the filing, the owner also | 1384 |
|
shall file a copy of the application for inclusion in an | 1385 |
|
agricultural
district with the clerk of the legislative body of | 1386 |
|
the municipal
corporation. No later than thirty days after the | 1387 |
filing of an
application, or, in the case of an annexation | 1388 |
petition filed
pursuant to section
709.03709.02 of the Revised | 1389 |
|
Code, no
later than
thirty days after the petition has been | 1390 |
|
granted, the legislative
body shall conduct a public hearing on | 1391 |
|
the application. The
clerk of the legislative body shall cause a | 1392 |
|
notice containing the
substance of the application and the time | 1393 |
|
and place where it will
be heard to be published in a newspaper of | 1394 |
|
general circulation in
the county in which the application or | 1395 |
|
annexation petition is
filed no later than seven days prior to the | 1396 |
|
time fixed for the
hearing. The clerk of the legislative body | 1397 |
|
also shall notify the
applicant of the time and place of the | 1398 |
|
hearing by certified mail
sent no later than ten days prior to the | 1399 |
|
hearing. Any interested
person or representative of an interested | 1400 |
|
person may appear
in support of or to
contest the granting of the | 1401 |
|
application. Affidavits presented in
support of or against the | 1402 |
|
application shall be considered by the
legislative body. Within | 1403 |
|
thirty days of the hearing, the
legislative body may approve the | 1404 |
|
application, modify the
application and approve the application | 1405 |
|
as modified, or reject
the application. An application that is | 1406 |
|
not modified or rejected
by a majority vote of the members of the | 1407 |
|
legislative body shall
be deemed to be approved. Prior to | 1408 |
|
rejecting an application, the
legislative body shall make every | 1409 |
|
effort to modify the
application. Modifications may include the | 1410 |
|
length of time during
which land is considered to be within an | 1411 |
agricultural district,
size of the agricultural district
as well | 1412 |
as,and any
provisions of
sections 929.03 to 929.05 of the Revised | 1413 |
|
Code. If the applicant
disapproves of the modifications made by | 1414 |
|
the legislative body, the applicant
may withdraw the application | 1415 |
|
to place the land in an agricultural
district. In rejecting or | 1416 |
|
modifying an application to place land
in an agricultural | 1417 |
|
district, the legislative body shall
demonstrate that the | 1418 |
|
rejection or modification is necessary to
prevent a substantial, | 1419 |
|
adverse effect on the provision of
municipal services within the | 1420 |
|
municipal corporation, efficient
use of land within the municipal | 1421 |
|
corporation, the orderly growth
and development of the municipal | 1422 |
|
corporation, or the public
health, safety, or welfare. | 1423 |
| The clerk of the legislative body shall notify the
applicant | 1432 |
|
by certified mail, return receipt requested, sent
within five days | 1433 |
|
of the decision to approve, modify, or reject an
application for | 1434 |
|
inclusion of land in an agricultural district.
The clerk of the | 1435 |
|
legislative body shall also transmit a copy of
the decision to | 1436 |
|
approve, modify, or reject an application to the
county auditor. | 1437 |
|
An applicant may appeal a decision to modify or
reject an | 1438 |
|
application to the court of common pleas of the county
in which | 1439 |
|
the application was filed within thirty days of the
receipt of the | 1440 |
|
notice of modification or rejection. | 1441 |
| (C) At any time after the first Monday in January and
prior | 1442 |
|
to the first Monday in March of the year during which an | 1443 |
|
agricultural district terminates, the owner of land in the | 1444 |
|
agricultural district may file a renewal application to continue | 1445 |
|
the inclusion of all or part of the owner's land in an | 1446 |
|
agricultural
district for a period of time ending on the first | 1447 |
|
Monday in April
of the fifth year following the renewal | 1448 |
|
application. The
requirements for continued inclusion in the | 1449 |
|
agricultural district
and the renewal application procedure shall | 1450 |
|
be the same as those
required for the original application for | 1451 |
|
placing land in an
agricultural district. The county auditor | 1452 |
|
shall notify owners of
land in agricultural districts eligible to | 1453 |
|
file a renewal
application for continued inclusion in an | 1454 |
|
agricultural district
on or prior to the first Monday in February | 1455 |
|
or the date upon
which the county auditor notifies owners of land | 1456 |
|
valued at
agricultural use value for real property tax purposes of | 1457 |
|
the
necessity of filing a renewal application to continue valuing | 1458 |
|
the
land at agricultural use value. On or before the second | 1459 |
|
Tuesday
after the first Monday in March, the county auditor shall | 1460 |
|
determine whether the owner of any land in an agricultural | 1461 |
|
district eligible to file a renewal application failed to file a | 1462 |
renewal application with respect to
suchthat land and shall | 1463 |
forthwith
notify each
such owner
of the land by certified mail | 1464 |
|
that unless
a renewal
application is filed prior to the first | 1465 |
|
Monday in April, the land
will be removed from the agricultural | 1466 |
|
district upon its
termination date. An approved renewal | 1467 |
|
application is effective
on the termination date of the preceding | 1468 |
|
agricultural district.
Failure of an owner to file a renewal | 1469 |
|
application prior to the
first Monday in April of the year during | 1470 |
|
which the owner's agricultural
district terminates shall not | 1471 |
|
prevent the owner from filing an application to
include the | 1472 |
|
owner's land in an agricultural district. | 1473 |
| For the purposes of divisions (D)(1) and
(2) of this section, | 1506 |
|
the county auditor shall determine the average bank prime
rate | 1507 |
|
using statistical release H.15, "selected interest rates," a | 1508 |
|
weekly publication of the federal reserve board, or any successor | 1509 |
|
publication.
If the statistical release H.15, or its successor, | 1510 |
|
ceases to contain the bank
prime rate information or ceases to be | 1511 |
|
published, the county auditor shall
request a written statement of | 1512 |
|
the average bank prime rate from the federal
reserve bank of | 1513 |
|
Cleveland or the federal reserve board. | 1514 |
| (E) Land that is included in an agricultural district
under | 1523 |
|
this section and that is subsequently annexed by a
municipal | 1524 |
|
corporation shall not be subject to division (B) of
this section | 1525 |
|
either at the time of annexation or at the time of
any subsequent | 1526 |
|
application or renewal application for inclusion
in the district | 1527 |
|
if, at the time of annexation, its owner did not
sign a petition | 1528 |
favoring annexation under section 709.02 of the
Revised Code
or | 1529 |
vote for annexation in an election held in
accordance with section | 1530 |
709.17 of the Revised Code. If its owner
did sign a petition | 1531 |
favoring annexation
or vote for annexation,
as provided in
those | 1532 |
sectionsthat section, or if the owner who
opposed
annexation has | 1533 |
|
sold or transferred the land to another person who
is keeping the | 1534 |
|
land in the agricultural district, the land shall
be subject to | 1535 |
|
division (B) of this section at the time of any
subsequent | 1536 |
|
application or renewal application for inclusion in
the district. | 1537 |
| Sec. 5705.31. The county auditor shall present to the
county | 1544 |
budget commission the annual tax budgets submitted
to him
under | 1545 |
|
sections 5705.01 to 5705.47 of the Revised Code, together
with an | 1546 |
estimate prepared by
suchthe auditor of the amount of
any
state | 1547 |
|
levy, the rate of any school tax levy as previously
determined, | 1548 |
|
the tax commissioner's estimate of the amount to be
received in | 1549 |
|
the county library and local government support fund,
and such | 1550 |
|
other information as the commission requests or the tax | 1551 |
|
commissioner prescribes. The budget commission shall examine
such | 1552 |
|
budget and ascertain the total amount proposed to be raised
in the | 1553 |
|
county for the purposes of each subdivision and other
taxing units | 1554 |
thereinin the county. | 1555 |
(D)
AExcept as otherwise provided in this division, a | 1565 |
|
minimum
levy within the ten-mill limitation for the
current | 1566 |
|
expense and debt service of each subdivision or taxing
unit, which | 1567 |
|
shall equal two-thirds of the average levy for
current expenses | 1568 |
|
and debt service allotted within the
fifteen-mill limitation to | 1569 |
|
such subdivision or taxing unit during
the last five years the | 1570 |
|
fifteen-mill limitation was in effect
unless such subdivision or | 1571 |
|
taxing unit requests an amount
requiring a lower rate. Except as | 1572 |
|
provided in section 5705.312
of the Revised Code, if the levies | 1573 |
|
required in divisions (B) and
(C) of this section for the | 1574 |
|
subdivision or taxing unit equal or
exceed the entire minimum levy | 1575 |
|
of the subdivision as fixed, the
minimum levies of the other | 1576 |
|
subdivisions or taxing units shall be
reduced by the commission to | 1577 |
|
provide for the levies and an
operating levy for the subdivision. | 1578 |
|
Such additional levy shall
be deducted from the minimum levies of | 1579 |
|
each of the other
subdivisions or taxing units, but the operating | 1580 |
|
levy for a school
district shall not be reduced below a figure | 1581 |
|
equivalent to
forty-five per cent of the millage available within | 1582 |
|
the ten-mill
limitation after all the levies in divisions (B) and | 1583 |
|
(C) of this
section have been provided for. | 1584 |
| If a municipal corporation and a township have entered into | 1585 |
|
an
annexation agreement under section 709.192 of the Revised
Code | 1586 |
|
in
which they agree to reallocate their shares of the minimum | 1587 |
|
levies established
under this division and if that annexation | 1588 |
|
agreement is submitted along with
the
annual tax budget of both | 1589 |
|
the township and the municipal
corporation, then, when determining | 1590 |
|
the minimum levy under this
division, the auditor shall allocate, | 1591 |
|
to the extent possible, the
minimum levy for that municipal | 1592 |
|
corporation and township in
accordance with their annexation | 1593 |
|
agreement. | 1594 |
| Sec. 5705.315. With respect to annexations granted on or | 1602 |
|
after
the effective date of this section and during any tax year | 1603 |
|
or years within
which any territory annexed to a municipal | 1604 |
|
corporation is part of a
township, the minimum levy for the | 1605 |
|
municipal corporation and
township under section 5705.31 of the | 1606 |
|
Revised Code shall not
be
diminished, except that in the annexed | 1607 |
|
territory and only during those tax
year
or years, and in order to | 1608 |
|
preserve the minimum levies of overlapping
subdivisions under | 1609 |
|
section 5705.31 of the Revised Code so that the full amount of | 1610 |
|
taxes within the ten-mill limitation may be levied to the extent | 1611 |
|
possible, the minimum levy of the municipal corporation or | 1612 |
|
township shall be the lowest of the following amounts: | 1613 |
| Section 2. That existing sections 505.62, 709.02, 709.03, | 1628 |
|
709.032, 709.033, 709.04, 709.13, 709.14, 709.15, 709.19, 709.21, | 1629 |
|
929.02, and
5705.31
and sections 709.031, 709.07, 709.08, 709.09, | 1630 |
|
709.11, 709.16, 709.17, and 709.18 of the
Revised Code are hereby | 1631 |
|
repealed. | 1632 |