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
such
those 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 annexation
a petition
for | 133 |
annexation, is included
within
such
those 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 |
be given by certified
mail, return receipt requested, or by | 252 |
causing the notice to
be personally served on the appropriate | 253 |
governmental officer or property owner, with
proof of service | 254 |
being by affidavit of
the person who delivered
the notice. The | 255 |
notice shall refer to
the time and date when the
petition was | 256 |
filed and the county in
which it was filed and shall
have attached | 257 |
or shall be accompanied
by a copy of the petition
and any | 258 |
attachments or documents
accompanying the petition as
filed. The | 259 |
proof of service of the
notice shall be filed with the
board of | 260 |
county commissioners with
which the petition
was filed. | 261 |
(C) Within twenty days after the date that the petition is | 262 |
filed,
the
legislative authority of the municipal corporation to | 263 |
which
annexation is proposed shall adopt an ordinance or | 264 |
resolution
stating what services the municipal corporation will | 265 |
provide, and
an approximate date by which it will provide them, to | 266 |
the
territory proposed for annexation, upon annexation. The | 267 |
municipal corporation
is
entitled in its sole discretion to | 268 |
provide to the territory
proposed for annexation, upon annexation, | 269 |
services in addition to
the services described in that ordinance | 270 |
or resolution. | 271 |
If the
territory proposed for annexation is subject to zoning | 272 |
regulations
adopted under either Chapter 303. or 519. of the | 273 |
Revised
Code at the time the petition is filed, the legislative | 274 |
authority of the municipal corporation also shall adopt an | 275 |
ordinance or resolution stating that, if the territory is annexed | 276 |
and becomes subject to zoning by the municipal corporation and | 277 |
that municipal zoning permits uses in the annexed territory that | 278 |
the municipal corporation determines are clearly incompatible with | 279 |
the
uses permitted under current county or township zoning | 280 |
regulations
in the
adjacent land remaining within the township | 281 |
from
which the territory was annexed, the legislative authority of | 282 |
the
municipal corporation will require, in the zoning ordinance | 283 |
permitting the incompatible uses, the owner of the annexed | 284 |
territory to provide a buffer separating the use of the
annexed | 285 |
territory and the adjacent land remaining within the
township.
For | 286 |
the purposes of this section, "buffer" includes
open space, | 287 |
landscaping, fences, walls, and other structured
elements; streets | 288 |
and street rights-of-way; and bicycle and
pedestrian paths and | 289 |
sidewalks. | 290 |
If the municipal corporation and each of those townships | 306 |
timely
files an ordinance or resolution consenting to the proposed | 307 |
annexation, the board at its next regular
session shall enter upon | 308 |
its journal a resolution granting the
proposed annexation. If, | 309 |
instead, the municipal corporation or
any of those townships files | 310 |
an ordinance or resolution that
objects to the proposed | 311 |
annexation, the board of county
commissioners shall proceed as | 312 |
provided in division (E) of this
section. Failure of the | 313 |
municipal corporation or any of those townships to timely file an | 314 |
ordinance or resolution consenting or objecting to the proposed | 315 |
annexation shall be deemed to constitute consent by that municipal | 316 |
corporation or township to the proposed annexation. | 317 |
(F) Not less than thirty or more than forty-five days after | 350 |
the
date that the petition is filed, if the petition is not | 351 |
granted under
division (D) of this section, the board of county | 352 |
commissioners, if
it finds that each of the conditions specified | 353 |
in division (E) of
this section has been met,
shall enter upon its | 354 |
journal a resolution granting the
annexation. If the board of | 355 |
county commissioners finds that one or more of
the conditions | 356 |
specified in division (E) of this section have not been met, it | 357 |
shall
enter upon its journal a resolution that states which of | 358 |
those conditions the board finds have not been met and that denies | 359 |
the
petition. | 360 |
(H) Notwithstanding anything to the contrary in section | 369 |
503.07
of the Revised Code, unless otherwise provided in an | 370 |
annexation agreement
entered
into pursuant to section 709.192 of | 371 |
the Revised Code or in a
cooperative economic development | 372 |
agreement entered into pursuant to section
701.07 of the Revised | 373 |
Code,
territory
annexed into a municipal corporation pursuant to | 374 |
this section shall not
at any time be excluded from the township | 375 |
under section 503.07 of the
Revised Code and, thus, remains | 376 |
subject to the township's real property taxes. | 377 |
Sec. 709.024. (A)
A petition filed under
section 709.021
of | 388 |
the Revised Code that requests to follow this section is
for
the | 389 |
special procedure of annexing land into a municipal corporation | 390 |
for the
purpose of undertaking a
significant economic development | 391 |
project. As used in this
section, "significant economic | 392 |
development project" means one or more
economic development | 393 |
projects that can be classified as industrial,
distribution, high | 394 |
technology, research and development, or
commercial, which | 395 |
projects may include ancillary residential and retail uses
and | 396 |
which projects shall satisfy all of the
following: | 397 |
(1) Total private real and personal property investment
in a | 398 |
project shall be in excess of ten million dollars through land and | 399 |
infrastructure, new construction,
reconstruction, installation of | 400 |
fixtures and equipment, or the addition of
inventory, excluding | 401 |
investment solely related to the ancillary residential and retail | 402 |
elements, if any, of the project. As used in this division, | 403 |
"private real and personal property investment" does not include | 404 |
payments in lieu of taxes, however characterized, under Chapter | 405 |
725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75, | 406 |
or
5709.78 to 5709.81 of the Revised Code. | 407 |
(B) Upon the filing of the petition under section 709.021 of | 414 |
the Revised Code
in the office of the clerk of the board of county | 415 |
commissioners, the
clerk shall cause the petition to be entered | 416 |
upon the journal of
the board at its next regular session. This | 417 |
entry shall be the
first official act of the board on the | 418 |
petition.
Within five days after the filing of the petition, the | 419 |
agent for the
petitioners shall notify in the manner and form | 420 |
specified in this division the
clerk of the legislative authority | 421 |
of
the municipal corporation to which
annexation is proposed, the | 422 |
clerk of each township any portion of which is included within the | 423 |
territory proposed for annexation, the clerk of the board of | 424 |
county commissioners of each county in which the territory | 425 |
proposed for annexation is located other than the county in which | 426 |
the petition is filed, and the owners of property adjacent to the | 427 |
territory proposed for annexation or adjacent to a road that is | 428 |
adjacent to that territory and located directly across that road | 429 |
from that territory. The notice shall be given by certified
mail, | 430 |
return receipt requested, or by causing the notice to
be | 431 |
personally served on the appropriate governmental officer or | 432 |
property owner, with
proof of service being by affidavit of the | 433 |
person who delivered
the notice. The notice shall refer to the | 434 |
time and date when the
petition was filed and the county in which | 435 |
it was filed and shall
have attached or shall be accompanied by a | 436 |
copy of the petition
and any attachments or documents accompanying | 437 |
the petition as
filed. The proof of service of the notice shall | 438 |
be filed with the
board of county commissioners with which the | 439 |
petition
was filed.
| 440 |
(C)(1) Within thirty days after the
petition is filed, the | 441 |
legislative authority of the municipal
corporation to which | 442 |
annexation is proposed and each township any
portion of which is | 443 |
included within the territory proposed for
annexation may adopt | 444 |
and file with the board of county
commissioners an ordinance or | 445 |
resolution consenting or objecting
to the proposed annexation. An | 446 |
objection to the proposed
annexation shall be based solely upon | 447 |
the petition's failure to
meet the conditions specified in | 448 |
division (F) of this section.
Failure of the
municipal | 449 |
corporation or any of those townships to timely file an
ordinance | 450 |
or resolution consenting or objecting to the proposed
annexation | 451 |
shall be deemed to constitute consent by that municipal | 452 |
corporation or township to the proposed annexation. | 453 |
(2) Within twenty days after receiving the notice required | 454 |
by division
(B) of this section, the legislative
authority of the | 455 |
municipal corporation shall adopt, by ordinance
or resolution, a | 456 |
statement indicating what services the municipal corporation
will | 457 |
provide or cause to be provided, and an
approximate date by which | 458 |
it will provide or cause them to be provided, to the
territory | 459 |
proposed for annexation, upon annexation. If a hearing is to be | 460 |
conducted
under division (E) of this section, the legislative | 461 |
authority shall
file the statement
with the clerk of the board of | 462 |
county commissioners
at least twenty days before the date of the | 463 |
hearing. | 464 |
(E) Unless the petition is granted under division (D) of | 473 |
this section, a
hearing
shall be held on the petition. The board | 474 |
of county commissioners
shall hear the petition at its next | 475 |
regular session and shall notify the agent
for the petitioners of | 476 |
the hearing's date,
time,
and place. The agent for the | 477 |
petitioners shall give notice to the parties
entitled to notice | 478 |
under division (B) of this section of the date,
time, and place of | 479 |
the hearing. At the hearing, those parties
and
any owner of real | 480 |
estate within the territory proposed to be annexed
are entitled to | 481 |
appear for the purposes described in division (C) of
section | 482 |
709.032 of the Revised Code. | 483 |
(H) Notwithstanding anything to the contrary in section | 525 |
503.07
of the Revised Code, unless otherwise provided in an | 526 |
annexation agreement entered into
pursuant to section 709.192 of | 527 |
the Revised Code or in a cooperative economic development | 528 |
agreement entered into pursuant to section 701.07 of the Revised | 529 |
Code, territory annexed into
a municipal corporation pursuant to | 530 |
this section shall not at any time be
excluded from the township | 531 |
under section 503.07 of the Revised Code and, thus, remains | 532 |
subject to the township's real property taxes. | 533 |
Sec. 709.03.
The
(A)
Once a petition
required by
described | 540 |
in
section 709.02 of
the Revised Code
shall be
is filed
in, the | 541 |
office
clerk of the board of
county commissioners
and the clerk | 542 |
shall cause the petition to be
entered upon the
record of | 543 |
proceedings
journal of the board,
which
at its next regular | 544 |
session. This entry shall
be the first official act of the board | 545 |
on the
annexation
petition, and shall cause the petition to be | 546 |
filed in the office
of the county auditor, where it shall be | 547 |
subject to the
inspection of any interested person. The agent for | 548 |
the
petitioners shall cause written notice of the filing of the | 549 |
petition with the board of county commissioners and the date of | 550 |
such filing to be delivered to the clerk of the legislative | 551 |
authority of the municipal corporation to which annexation is | 552 |
proposed and to the clerk of each township any portion of
which is | 553 |
included within the territory sought to be annexed. Any
person.
| 554 |
Within five days after the filing of the petition, the board
shall | 555 |
set the date, time, and place for the hearing on
the petition and | 556 |
shall notify the agent for the petitioners.
The date for the | 557 |
hearing shall be not less than sixty or more
than ninety days | 558 |
after the petition is filed with the clerk of
the board. | 559 |
(1) Within five days cause written notice of the
filing of | 562 |
the petition with the board of county commissioners,
the date and | 563 |
time of the filing, and the date, time, and place of the hearing, | 564 |
to be
delivered to the clerk of the legislative authority of the | 565 |
municipal corporation to which annexation is proposed, to the | 566 |
clerk of each township any portion of which is included within
the | 567 |
territory proposed for annexation, and to the clerk of the
board | 568 |
of county commissioners of each county in which the
territory | 569 |
proposed for annexation is located other than the
county in which | 570 |
the petition is filed. The notice shall
state the date and time | 571 |
when the petition was filed and the county
in which it was filed | 572 |
and shall have attached or shall be
accompanied by a copy of the | 573 |
petition and any attachments or
documents accompanying the | 574 |
petition as filed. The notice shall
be given by certified mail, | 575 |
return receipt requested, or by
causing the notice to be | 576 |
personally served on the appropriate
governmental officer, with | 577 |
proof of service being by affidavit
of the person who delivered | 578 |
the notice. Within ten days after
the date of completion of | 579 |
service, the agent for the petitioners shall file
proof of service | 580 |
of the
notice with the board of county commissioners
with which | 581 |
the petition was filed. | 582 |
(2) Within ten days send by regular mail a copy of the | 583 |
notice of the board of county commissioners of the hearing to all | 584 |
owners
of property within the territory proposed to be annexed, | 585 |
and to all owners of property adjacent to the territory proposed | 586 |
to be annexed or adjacent to a road that is adjacent to that | 587 |
territory and located directly across that road from that | 588 |
territory,
whose
names were provided by the agent for the | 589 |
petitioners under
division (D) of section 709.02
of the Revised | 590 |
Code, along with a
map of the
territory proposed to be annexed and | 591 |
a statement
indicating
where the full petition for annexation can | 592 |
be reviewed.
The
notice also shall include a statement that any | 593 |
owner who
signed
the petition may remove the owner's signature by | 594 |
filing
with the
clerk of the board of county commissioners a | 595 |
written
notice of
withdrawal of the owner's signature within | 596 |
twenty-one
days
after the date the agent mails the notice; the | 597 |
agent shall
include with each
mailed notice a certification of the | 598 |
date of its
mailing for this purpose.
Within ten days
after the | 599 |
mailing of
the notices,
the agent shall file with the board of | 600 |
county
commissioners with
which the petition was filed, a | 601 |
notarized
affidavit
that
a notice was sent by regular mail to | 602 |
these property
owners. | 603 |
(3) Cause a notice containing the substance of the
petition, | 604 |
and the date, time, and place of the hearing, to be
published at | 605 |
least once and at least seven days prior to
the date fixed for the | 606 |
hearing, in a newspaper of general
circulation in each county in | 607 |
which territory proposed for
annexation is situated. Within ten | 608 |
days after the date of
completion of the publication or at the | 609 |
hearing, whichever comes
first, the agent for the petitioners | 610 |
shall file proof of publication of the
notice with
the board of | 611 |
county commissioners with which the petition was filed. | 612 |
(D) Upon receiving the notice described in division
(B)(1) | 623 |
of this section, the
legislative authority of the municipal | 624 |
corporation shall adopt, by
ordinance or resolution, a statement | 625 |
indicating what
services the
municipal corporation
will provide, | 626 |
and an approximate date by which
it will provide them, to the | 627 |
territory
proposed for annexation, upon annexation.
The statement | 628 |
shall be filed with the board of county commissioners at least | 629 |
twenty days before the date of the hearing. The municipal | 630 |
corporation is
entitled in its sole discretion to provide to the | 631 |
territory
proposed for annexation, upon annexation, services in | 632 |
addition to
the services described in the ordinance or resolution | 633 |
it adopts
under this division. | 634 |
Sec. 709.031. (A) Within five days after the
petition for | 635 |
annexation is filed with the board of county commissioners, the | 636 |
clerk of the board
shall refer the legal description of the | 637 |
perimeter and the map
or plat of the territory proposed to be | 638 |
annexed to the county
engineer for a report upon the accuracy of | 639 |
the legal description
of the perimeter, map, or plat. Upon | 640 |
receiving these items, the county
engineer shall file, at least | 641 |
twenty-five days before the hearing, a written
report with the | 642 |
board based on the engineer's findings, which shall
not be | 643 |
conclusive upon the board. Failure of the engineer to
make the | 644 |
report shall not affect the jurisdiction or duty of the
board to | 645 |
proceed. | 646 |
(B) The petition may
be amended without further notice by | 647 |
leave of the board of county
commissioners and with the consent of | 648 |
the agent for the petitioners
if the amendment does not add to the | 649 |
territory embraced in
the original petition and is made at least | 650 |
fifteen days before
the date of the hearing. The board may | 651 |
rerefer the legal
description of the perimeter, map, or plat to | 652 |
the county
engineer if revisions are made in them, for a report on | 653 |
their
accuracy. Upon receiving these items, the county engineer | 654 |
shall file, on or
before the date of the hearing, a written report | 655 |
with the
board based on the engineer's findings, which shall not | 656 |
be
conclusive upon the board. Failure of the engineer to make the | 657 |
report shall not affect the jurisdiction or duty of the board to | 658 |
proceed. | 659 |
(C) The board of township trustees of any township | 660 |
containing any
territory proposed for annexation and any owners of | 661 |
real estate in the
territory proposed for annexation may request | 662 |
that reasonable proof be
presented of the authority of a person | 663 |
signing the petition on behalf of any person other than a natural | 664 |
being, the
state, or a political subdivision of the state. The | 665 |
request shall be in
writing and be filed with the board of county | 666 |
commissioners and with the agent for the petitioners at least | 667 |
fifteen days prior
to the hearing on the petition. When such a | 668 |
request is filed, the agent for
the petitioners shall present to | 669 |
the board of county commissioners at the
hearing held under | 670 |
section 709.032 of the Revised Code sufficient evidence by | 671 |
affidavit or
testimony to establish that
the owner is a person | 672 |
other than a natural being, the state, or a political
subdivision | 673 |
of the state and that the owner authorized the person whose | 674 |
signature is on the petition to sign the petition on its behalf. | 675 |
If the
board does not
find the evidence sufficient to establish | 676 |
this authority, it shall remove the
signature from the petition. | 677 |
(B) The hearing provided for in section
709.031
709.03 of | 683 |
the Revised Code shall be public.
Any
The board of county | 684 |
commissioners may, or at the request
of any necessary party shall, | 685 |
issue subpoenas for witnesses or for
books, papers, | 686 |
correspondence, memoranda, agreements, or other
documents or | 687 |
records relevant or material to the petition,
directed to the | 688 |
sheriff of each county where the witnesses or
documents or records | 689 |
are found, which subpoenas shall be served
and returned in the | 690 |
same manner as those allowed by the court of
common pleas in | 691 |
criminal cases. The fees and mileage of
sheriffs and witnesses | 692 |
shall be the same as those allowed by the
court of common pleas in | 693 |
criminal cases. The fee and mileage
expenses incurred at the | 694 |
request of a party shall be paid in
advance by the party, and the | 695 |
remainder of the expenses
shall be paid out of fees charged by the | 696 |
board for the
annexation proceedings. In case of disobedience or | 697 |
neglect of any
subpoena served on any person, or the refusal of | 698 |
any witness to
testify to any matter regarding which the witness | 699 |
may be
lawfully interrogated, the court of common pleas of the | 700 |
county
in which the disobedience, neglect, or refusal occurs, or | 701 |
any
judge of that court, on application of the board, any member | 702 |
of the board, or a necessary party, may compel obedience by | 703 |
attachment
proceedings for
contempt as in the case of disobedience | 704 |
of the requirements of a
subpoena issued from the court or a | 705 |
refusal to testify
in the court. An owner of a company, firm, | 706 |
partnership, association, or corporation that is subpeoned may | 707 |
have an agent or attorney appear before the board on that owner's | 708 |
behalf in response to the subpoena. | 709 |
The board of county
commissioners shall make, by electronic | 710 |
means or some other
suitable method, a
record of the hearing. If | 711 |
a request,
accompanied by a deposit to pay the
costs, is filed | 712 |
with the
board
not later than seven days before the hearing, the | 713 |
board shall
provide an
official court reporter to record the | 714 |
hearing. The
record of the hearing need
not be transcribed unless | 715 |
a request,
accompanied by an amount to cover the
cost of | 716 |
transcribing the
record, is filed with the board. | 717 |
(C) Any person may appear,
in
person or by attorney, and, | 718 |
after being sworn, may
support or contest the
granting of
the | 719 |
prayer of the petition
provided for by section 709.02 of the | 720 |
Revised Code. Affidavits presented in support of or against the | 721 |
prayer of such petition shall be considered by the board,
but
only | 722 |
if the affidavits are filed with the board and served as provided | 723 |
in the
Rules of Civil Procedure upon the necessary parties
to the | 724 |
annexation proceedings at least fifteen days before the
date of | 725 |
the hearing; provided that the board shall accept an affidavit | 726 |
after
the fifteen-day
period if the purpose of the affidavit is | 727 |
only to establish the affiant's
authority to sign the petition on | 728 |
behalf of the entity for which the affiant
signed.
Necessary | 729 |
parties
or their representatives are entitled to
present evidence, | 730 |
examine and cross-examine witnesses, and comment on all
evidence, | 731 |
including any affidavits presented to the board under this | 732 |
division. | 733 |
(D) At the hearing, any owner who signed the petition for | 734 |
annexation may appear, and, after being sworn as provided by | 735 |
section 305.21 of the Revised Code, testify orally that
his
the | 736 |
owner's signature was obtained by fraud, duress, | 737 |
misrepresentation,
including any misrepresentation relating to the | 738 |
provision of
municipal services to the territory proposed to be | 739 |
annexed, or
undue influence. Any person may testify orally after | 740 |
being so
sworn in support
of or rebuttal to
such
the prior | 741 |
testimony by the
owner.
The commissioners, the agent for the | 742 |
petitioners or his
attorney, and such owner or his attorney may | 743 |
examine such
witnesses, including the owner
Any witnesses and | 744 |
owners who
testify shall be subject to cross-examination by the | 745 |
necessary parties to the annexation proceedings.
If a majority of | 746 |
the county
commissioners find that
such
the owner's signature was | 747 |
obtained
under
circumstances that did constitute fraud, duress, | 748 |
misrepresentation, or undue influence, they shall find the | 749 |
signature to be void, and shall order it removed from the
petition | 750 |
as of the time the petition was filed. | 751 |
(B) The board of county commissioners shall
grant
enter upon | 800 |
its journal a resolution granting or
deny
denying the
petition for | 801 |
annexation within
ninety
thirty days after the
hearing
set | 802 |
pursuant to
provided for in section
709.031
709.032
of the Revised | 803 |
Code.
The resolution shall include specific findings of fact
as
to | 804 |
whether each of the conditions listed in divisions (A)(1)
to
(6) | 805 |
of this section has been met. Upon journalization of the | 806 |
resolution,
the
clerk of the board shall send a certified copy of | 807 |
it to the agent for the
petitioners, the
clerk of the legislative | 808 |
authority of the municipal corporation to which
annexation is | 809 |
proposed,
the clerk of each township in which the territory | 810 |
proposed for
annexation is located, and the clerk of the board of | 811 |
county commissioners of
each county in which the territory | 812 |
proposed for annexation is located other
than the county in which | 813 |
the petition is filed. The clerk of the board shall
take no | 814 |
further action until the expiration of thirty days after the date | 815 |
of journalization. | 816 |
(1) If the board
of county commissioners grants
granted the | 821 |
petition
for annexation
it,
the clerk shall
enter on its
journal | 822 |
all the orders of
the board relating to the annexation and deliver | 823 |
a certified
transcript of
copy of the entire record of the | 824 |
annexation
proceedings, including all
orders
resolutions of the | 825 |
board,
signed by a majority of the members of the board, the | 826 |
petition, map, and all
other papers on file,
the recording of the | 827 |
proceedings, if a copy is
available, and exhibits presented at the | 828 |
hearing relating to the
annexation proceedings, to the auditor or | 829 |
clerk of the municipal corporation to which annexation is | 830 |
proposed. | 831 |
(2) If the board
of county commissioners denies
denied
the | 832 |
petition
for annexation,
it
the clerk shall send a certified copy | 833 |
of its
order
resolution
denying the annexation to the agent for | 834 |
the petitioners and to
the clerk of the municipal corporation to | 835 |
which the annexation
was proposed.
If, on any appeal of any such | 836 |
annexation denial, a
court holds that the board's denial was | 837 |
contrary to law, and if
the court orders the clerk of the board of | 838 |
county commissioners
to enter on the journal of the board an order | 839 |
approving the
annexation, then the clerk shall enter the order. | 840 |
Sec. 709.04. At the next regular session of the
legislative | 846 |
authority of the municipal corporation to which
annexation is | 847 |
proposed, after the expiration of sixty
days from the date of | 848 |
filing with him as
the delivery
required by
division
(C) of | 849 |
section
709.022
or division (C)(1) of
section
709.033 of the | 850 |
Revised Code, the auditor or clerk of
such
that municipal | 851 |
corporation shall lay the
transcript
resolution of the board | 852 |
granting the petition and the
accompanying map or plat and | 853 |
petition
required by such section before the legislative | 854 |
authority.
Thereupon the
The legislative authority, by
resolution | 855 |
or
ordinance,
then shall accept or reject the
application
petition | 856 |
for
annexation. If the legislative authority fails to pass an | 857 |
ordinance or
resolution accepting the
application
petition for | 858 |
annexation
within a
period of one hundred twenty days after
the | 859 |
transcript is
those
documents are laid
before it by the auditor or | 860 |
clerk, the
application
petition for
annexation
shall be
deemed | 861 |
considered rejected by the legislative
authority, unless it
has | 862 |
been prevented from acting by a temporary restraining order,
a | 863 |
temporary injunction, or some other order of a court. | 864 |
Sec. 709.07. (A) The agent for the petitioners,
any owner of | 865 |
real estate in the territory proposed for annexation,
any township | 866 |
in
which territory proposed for annexation is located, and the | 867 |
municipal
corporation to which the territory is proposed
to be | 868 |
annexed may file an appeal under Chapter 2506. of the Revised Code | 869 |
from
a resolution of the board of county commissioners granting or | 870 |
denying the
petition. The agent for the petitioners, any township | 871 |
in which the
territory proposed for annexation is located, and any | 872 |
municipal corporation to
which the territory is proposed to be | 873 |
annexed are necessary parties in an
appeal. The filing of a | 874 |
notice of appeal with the clerk of the board of
county | 875 |
commissioners shall operate as a stay of execution upon that clerk | 876 |
and all parties to the appeal, which stay shall not be
lifted | 877 |
until the court having jurisdiction over the proceedings enters a | 878 |
final
order affirming or reversing the decision of the board of | 879 |
county commissioners
and the time limits for an appeal of that | 880 |
final order have passed without a
notice
of appeal being filed. | 881 |
(C) If, after all appeals have been exhausted, the final | 890 |
determination of the court is that the petition for annexation | 891 |
should be
granted,
the board of county commissioners shall enter | 892 |
on its
journal a resolution granting the annexation, if such a | 893 |
resolution has not already been journalized, and the clerk of the | 894 |
board shall
deliver a certified
copy of that journal entry and of | 895 |
the entire record of the
annexation proceedings, including all | 896 |
resolutions of the board,
signed by a majority of the members of | 897 |
the board, the petition,
map, and all other papers on file, the | 898 |
transcript of the
proceedings, and exhibits presented at the | 899 |
hearing relating to
the annexation proceedings, to the auditor or | 900 |
clerk of the
municipal corporation to which annexation is | 901 |
proposed. The municipal auditor
or clerk shall
lay these | 902 |
certified papers, along with the copy of the court's
order, before | 903 |
the legislative authority at its next regular
meeting. The | 904 |
legislative authority then shall proceed to accept
or reject the | 905 |
petition for annexation as provided under section
709.04 of the | 906 |
Revised
Code. | 907 |
Sec. 709.16. (A) A municipal corporation may
petition the | 940 |
board
of county commissioners to annex contiguous territory owned | 941 |
only
by the municipal corporation, a county, or the state. The | 942 |
clerk of the board
shall cause the petition to be entered upon the | 943 |
board's journal at its next
regular session. This entry shall be | 944 |
the first official act of the board upon
the petition.
Proceedings | 945 |
on the petition shall be conducted under this section
to the | 946 |
exclusion of any other provisions of this chapter except
for | 947 |
sections 709.014, 709.14, 709.15, 709.20, and 709.21 of the | 948 |
Revised
Code. | 949 |
(3) "Taxes" means the
real and public
utility property
taxes | 994 |
charged by a township in the base year or, in an annexation
under | 995 |
division (F) of this section, the real, public
utility, and | 996 |
tangible personal property taxes
that would have been charged by | 997 |
the township, if no annexation had occurred, in the year | 998 |
immediately preceding the year in which the payment is made, and | 999 |
payable after the reduction required by section 319.301 of the | 1000 |
Revised Code but prior to the reduction required by section | 1001 |
319.302 of the Revised Code, and the taxes levied for such year
by | 1002 |
the township against tangible personal property. "Taxes"
excludes | 1003 |
taxes for the payment of debt charges. | 1004 |
|
(4) "Township taxes in the annexed territory" means
the | 1005 |
taxes against the real, public utility, and tangible personal | 1006 |
property subject to taxation in the base year in territory
annexed | 1007 |
from the township to a municipal corporation during an
annexation | 1008 |
period or, in an annexation under division
(F)
of this section, | 1009 |
the
taxes against the real, public
utility, and tangible
personal | 1010 |
property that would have been subject to taxation in the
annexed | 1011 |
territory
in the year immediately preceding
the year in
which the | 1012 |
payment
is to be made, if no annexation had occurred. | 1013 |
(5) In the fifth year, twenty per cent of the township
taxes | 1074 |
in the annexed territory
unincorporated territory is annexed to a | 1075 |
municipal
corporation and excluded from a township under section | 1076 |
503.07 of the
Revised Code, upon exclusion of that territory, the | 1077 |
municipal corporation that annexed the territory shall make | 1078 |
payments to the township from which the territory was annexed only | 1079 |
as provided in this section, except that, if the legislative | 1080 |
authority of the municipal corporation enters into an agreement | 1081 |
under section 701.07, 709.191, or 709.192 of the Revised
Code with | 1082 |
the
township from which the territory was annexed that makes | 1083 |
alternate provisions
regarding payments by the municipal | 1084 |
corporation, then
the payment provisions in that agreement shall | 1085 |
apply in lieu of the
provisions of this section. | 1086 |
(2) If there has been an exemption by the municipal | 1123 |
corporation
of commercial and industrial real, personal, or public | 1124 |
utility property
taxes pursuant to section 725.02, 1728.10, | 1125 |
3735.67, 5709.40, 5709.41,
5709.62, or 5709.88 of the Revised | 1126 |
Code, there shall be no
reduction in the payments owed to the | 1127 |
township due to that exemption. The
municipal corporation shall | 1128 |
make payments to the township under division
(C)(1)
of this | 1129 |
section, calculated as if the exemption had not occurred. | 1130 |
(F)(1) Notwithstanding any other provision of this
chapter, | 1163 |
a board of county commissioners may authorize a
municipal | 1164 |
corporation to annex an international airport that the
municipal | 1165 |
corporation owns. Unless a contract is entered into
pursuant to | 1166 |
division (F)(2) of this section, any municipal
corporation that | 1167 |
annexes an international airport under this
division shall make | 1168 |
payments to the township from which the
international airport is | 1169 |
annexed, in the manner provided in
division (E) of this section. | 1170 |
No territory annexed
pursuant to
this division shall be considered | 1171 |
part of the municipal
corporation for the purposes of subsequent | 1172 |
annexation, except
that the board of county commissioners may | 1173 |
authorize subsequent
annexation under this division if the board | 1174 |
determines that
such
subsequent annexation is necessary to the | 1175 |
continued
operation of the international airport. | 1176 |
(2) The chief executive of a municipal corporation that | 1177 |
annexes territory pursuant to this division may enter into a | 1178 |
contract with the board of township trustees of the township that | 1179 |
loses the territory whereby the township agrees to provide the | 1180 |
annexed territory with police, fire, or other services it is | 1181 |
authorized to provide in exchange for specified consideration as | 1182 |
agreed upon by the board of township trustees and the chief | 1183 |
executive. In no instance shall the consideration received by
the | 1184 |
township be less than the payments that would be required
under | 1185 |
division (F)(1) of this section if no contract were
entered
into. | 1186 |
(G) If after an annexation period for which
payments are | 1187 |
being made or are to be made to a township by one or more | 1188 |
municipal corporations under division (B), (C), or (D) of this | 1189 |
section, the remainder of the unincorporated territory of the | 1190 |
township is annexed to another municipal corporation or | 1191 |
incorporates as a municipal corporation, the balance of the | 1192 |
payments due the township under division (B), (C), or (D) of this | 1193 |
section shall be made to the municipal corporation to which the | 1194 |
remainder of the township territory was annexed or to the | 1195 |
municipal corporation incorporated from the remainder of the | 1196 |
township territory. | 1197 |
(E) If any party to an annexation agreement
believes another | 1293 |
party has failed to perform its part of any provision of that | 1294 |
agreement,
including the failure to make any payment of moneys due | 1295 |
under the agreement,
that party shall give notice to the other | 1296 |
party clearly stating what breach
has occurred. The party | 1297 |
receiving the notice has ninety days from the receipt
of that | 1298 |
notice to cure the breach. If the breach has not been cured | 1299 |
within
that ninety-day period, the party that sent the notice may | 1300 |
sue for recovery of
the money due under the agreement, sue for | 1301 |
specific enforcement of the
agreement, or terminate the agreement | 1302 |
upon giving notice of termination to all
the other parties. | 1303 |
Sec. 709.21. No error, irregularity, or defect in the | 1325 |
proceedings under
sections 709.01 to 709.20, inclusive, of the | 1326 |
Revised Code, shall
render them invalid, if
once annexation has | 1327 |
become final and the
annexed territory has been recognized as a | 1328 |
part of the annexing municipal
corporation,
and taxes levied upon | 1329 |
it as such have been paid, and it
has been subjected to the | 1330 |
authority of the legislative authority of
such
the annexing | 1331 |
municipal corporation, without objection from the inhabitants of | 1332 |
such
territory. | 1333 |
(2) The activities conducted on the land produced an
average | 1344 |
yearly gross income of at least twenty-five hundred
dollars during | 1345 |
that three-year period or the owner has evidence
of an anticipated | 1346 |
gross income of that amount from those
activities. The owner | 1347 |
shall submit with the application
proof that the owner's land | 1348 |
meets the requirements
established under this
division. If the | 1349 |
county auditor determines that the application
does not meet the | 1350 |
requirements of this section, the county
auditor shall deny the | 1351 |
application and notify the applicant by certified
mail, return | 1352 |
receipt requested, within thirty days of the filing of the | 1353 |
application. The applicant may appeal the denial of the | 1354 |
application to the
court of common pleas of the county in which | 1355 |
the application was filed within thirty days of the receipt of
the | 1356 |
notice. If the county auditor determines that the
application | 1357 |
meets the requirements of this section, the county
auditor shall | 1358 |
approve the application and notify the applicant within
thirty | 1359 |
days of the filing of the application. An application that is
not | 1360 |
denied shall be deemed to be approved. The county auditor
shall | 1361 |
provide an applicant with a copy of an approved application
within | 1362 |
thirty days of the filing of the application. An
application that | 1363 |
is approved is effective upon the date of the
filing of the | 1364 |
application. | 1365 |
(B) If the land of a person who files an application under | 1371 |
division (A) of this section is within a municipal corporation or | 1372 |
if an annexation petition that includes the land has been filed | 1373 |
with the board of county commissioners under section
709.03
709.02 | 1374 |
of
the Revised Code at the time of the filing, the owner also | 1375 |
shall file a copy of the application for inclusion in an | 1376 |
agricultural
district with the clerk of the legislative body of | 1377 |
the municipal
corporation. No later than thirty days after the | 1378 |
filing of an
application, or, in the case of an annexation | 1379 |
petition filed
pursuant to section
709.03
709.02 of the Revised | 1380 |
Code, no
later than
thirty days after the petition has been | 1381 |
granted, the legislative
body shall conduct a public hearing on | 1382 |
the application. The
clerk of the legislative body shall cause a | 1383 |
notice containing the
substance of the application and the time | 1384 |
and place where it will
be heard to be published in a newspaper of | 1385 |
general circulation in
the county in which the application or | 1386 |
annexation petition is
filed no later than seven days prior to the | 1387 |
time fixed for the
hearing. The clerk of the legislative body | 1388 |
also shall notify the
applicant of the time and place of the | 1389 |
hearing by certified mail
sent no later than ten days prior to the | 1390 |
hearing. Any interested
person or representative of an interested | 1391 |
person may appear
in support of or to
contest the granting of the | 1392 |
application. Affidavits presented in
support of or against the | 1393 |
application shall be considered by the
legislative body. Within | 1394 |
thirty days of the hearing, the
legislative body may approve the | 1395 |
application, modify the
application and approve the application | 1396 |
as modified, or reject
the application. An application that is | 1397 |
not modified or rejected
by a majority vote of the members of the | 1398 |
legislative body shall
be deemed to be approved. Prior to | 1399 |
rejecting an application, the
legislative body shall make every | 1400 |
effort to modify the
application. Modifications may include the | 1401 |
length of time during
which land is considered to be within an | 1402 |
agricultural district,
size of the agricultural district
as well | 1403 |
as,
and any
provisions of
sections 929.03 to 929.05 of the Revised | 1404 |
Code. If the applicant
disapproves of the modifications made by | 1405 |
the legislative body, the applicant
may withdraw the application | 1406 |
to place the land in an agricultural
district. In rejecting or | 1407 |
modifying an application to place land
in an agricultural | 1408 |
district, the legislative body shall
demonstrate that the | 1409 |
rejection or modification is necessary to
prevent a substantial, | 1410 |
adverse effect on the provision of
municipal services within the | 1411 |
municipal corporation, efficient
use of land within the municipal | 1412 |
corporation, the orderly growth
and development of the municipal | 1413 |
corporation, or the public
health, safety, or welfare. | 1414 |
The clerk of the legislative body shall notify the
applicant | 1423 |
by certified mail, return receipt requested, sent
within five days | 1424 |
of the decision to approve, modify, or reject an
application for | 1425 |
inclusion of land in an agricultural district.
The clerk of the | 1426 |
legislative body shall also transmit a copy of
the decision to | 1427 |
approve, modify, or reject an application to the
county auditor. | 1428 |
An applicant may appeal a decision to modify or
reject an | 1429 |
application to the court of common pleas of the county
in which | 1430 |
the application was filed within thirty days of the
receipt of the | 1431 |
notice of modification or rejection. | 1432 |
(C) At any time after the first Monday in January and
prior | 1433 |
to the first Monday in March of the year during which an | 1434 |
agricultural district terminates, the owner of land in the | 1435 |
agricultural district may file a renewal application to continue | 1436 |
the inclusion of all or part of the owner's land in an | 1437 |
agricultural
district for a period of time ending on the first | 1438 |
Monday in April
of the fifth year following the renewal | 1439 |
application. The
requirements for continued inclusion in the | 1440 |
agricultural district
and the renewal application procedure shall | 1441 |
be the same as those
required for the original application for | 1442 |
placing land in an
agricultural district. The county auditor | 1443 |
shall notify owners of
land in agricultural districts eligible to | 1444 |
file a renewal
application for continued inclusion in an | 1445 |
agricultural district
on or prior to the first Monday in February | 1446 |
or the date upon
which the county auditor notifies owners of land | 1447 |
valued at
agricultural use value for real property tax purposes of | 1448 |
the
necessity of filing a renewal application to continue valuing | 1449 |
the
land at agricultural use value. On or before the second | 1450 |
Tuesday
after the first Monday in March, the county auditor shall | 1451 |
determine whether the owner of any land in an agricultural | 1452 |
district eligible to file a renewal application failed to file a | 1453 |
renewal application with respect to
such
that land and shall | 1454 |
forthwith
notify each
such owner
of the land by certified mail | 1455 |
that unless
a renewal
application is filed prior to the first | 1456 |
Monday in April, the land
will be removed from the agricultural | 1457 |
district upon its
termination date. An approved renewal | 1458 |
application is effective
on the termination date of the preceding | 1459 |
agricultural district.
Failure of an owner to file a renewal | 1460 |
application prior to the
first Monday in April of the year during | 1461 |
which the owner's agricultural
district terminates shall not | 1462 |
prevent the owner from filing an application to
include the | 1463 |
owner's land in an agricultural district. | 1464 |
For the purposes of divisions (D)(1) and
(2) of this section, | 1497 |
the county auditor shall determine the average bank prime
rate | 1498 |
using statistical release H.15, "selected interest rates," a | 1499 |
weekly publication of the federal reserve board, or any successor | 1500 |
publication.
If the statistical release H.15, or its successor, | 1501 |
ceases to contain the bank
prime rate information or ceases to be | 1502 |
published, the county auditor shall
request a written statement of | 1503 |
the average bank prime rate from the federal
reserve bank of | 1504 |
Cleveland or the federal reserve board. | 1505 |
(E) Land that is included in an agricultural district
under | 1514 |
this section and that is subsequently annexed by a
municipal | 1515 |
corporation shall not be subject to division (B) of
this section | 1516 |
either at the time of annexation or at the time of
any subsequent | 1517 |
application or renewal application for inclusion
in the district | 1518 |
if, at the time of annexation, its owner did not
sign a petition | 1519 |
favoring annexation under section 709.02 of the
Revised Code
or | 1520 |
vote for annexation in an election held in
accordance with section | 1521 |
709.17 of the Revised Code. If its owner
did sign a petition | 1522 |
favoring annexation
or vote for annexation,
as provided in
those | 1523 |
sections
that section, or if the owner who
opposed
annexation has | 1524 |
sold or transferred the land to another person who
is keeping the | 1525 |
land in the agricultural district, the land shall
be subject to | 1526 |
division (B) of this section at the time of any
subsequent | 1527 |
application or renewal application for inclusion in
the district. | 1528 |
Sec. 5705.31. The county auditor shall present to the
county | 1535 |
budget commission the annual tax budgets submitted
to him
under | 1536 |
sections 5705.01 to 5705.47 of the Revised Code, together
with an | 1537 |
estimate prepared by
such
the auditor of the amount of
any
state | 1538 |
levy, the rate of any school tax levy as previously
determined, | 1539 |
the tax commissioner's estimate of the amount to be
received in | 1540 |
the county library and local government support fund,
and such | 1541 |
other information as the commission requests or the tax | 1542 |
commissioner prescribes. The budget commission shall examine
such | 1543 |
budget and ascertain the total amount proposed to be raised
in the | 1544 |
county for the purposes of each subdivision and other
taxing units | 1545 |
therein
in the county. | 1546 |
(D)
A
Except as otherwise provided in this division, a | 1556 |
minimum
levy within the ten-mill limitation for the
current | 1557 |
expense and debt service of each subdivision or taxing
unit, which | 1558 |
shall equal two-thirds of the average levy for
current expenses | 1559 |
and debt service allotted within the
fifteen-mill limitation to | 1560 |
such subdivision or taxing unit during
the last five years the | 1561 |
fifteen-mill limitation was in effect
unless such subdivision or | 1562 |
taxing unit requests an amount
requiring a lower rate. Except as | 1563 |
provided in section 5705.312
of the Revised Code, if the levies | 1564 |
required in divisions (B) and
(C) of this section for the | 1565 |
subdivision or taxing unit equal or
exceed the entire minimum levy | 1566 |
of the subdivision as fixed, the
minimum levies of the other | 1567 |
subdivisions or taxing units shall be
reduced by the commission to | 1568 |
provide for the levies and an
operating levy for the subdivision. | 1569 |
Such additional levy shall
be deducted from the minimum levies of | 1570 |
each of the other
subdivisions or taxing units, but the operating | 1571 |
levy for a school
district shall not be reduced below a figure | 1572 |
equivalent to
forty-five per cent of the millage available within | 1573 |
the ten-mill
limitation after all the levies in divisions (B) and | 1574 |
(C) of this
section have been provided for. | 1575 |
If a municipal corporation and a township have entered into | 1576 |
an
annexation agreement under section 709.192 of the Revised
Code | 1577 |
in
which they agree to reallocate their shares of the minimum | 1578 |
levies established
under this division and if that annexation | 1579 |
agreement is submitted along with
the
annual tax budget of both | 1580 |
the township and the municipal
corporation, then, when determining | 1581 |
the minimum levy under this
division, the auditor shall allocate, | 1582 |
to the extent possible, the
minimum levy for that municipal | 1583 |
corporation and township in
accordance with their annexation | 1584 |
agreement. | 1585 |
Sec. 5705.315. With respect to annexations granted on or | 1593 |
after
the effective date of this section and during any tax year | 1594 |
or years within
which any territory annexed to a municipal | 1595 |
corporation is part of a
township, the minimum levy for the | 1596 |
municipal corporation and
township under section 5705.31 of the | 1597 |
Revised Code shall not
be
diminished, except that in the annexed | 1598 |
territory and only during those tax
year
or years, and in order to | 1599 |
preserve the minimum levies of overlapping
subdivisions under | 1600 |
section 5705.31 of the Revised Code so that the full amount of | 1601 |
taxes within the ten-mill limitation may be levied to the extent | 1602 |
possible, the minimum levy of the municipal corporation or | 1603 |
township shall be the lowest of the following amounts: | 1604 |
Section 2. That existing sections 505.62, 709.02, 709.03, | 1619 |
709.032, 709.033, 709.04, 709.13, 709.14, 709.15, 709.19, 709.21, | 1620 |
929.02, and
5705.31
and sections 709.031, 709.07, 709.08, 709.09, | 1621 |
709.11, 709.16, 709.17, and 709.18 of the
Revised Code are hereby | 1622 |
repealed. | 1623 |
|