To amend sections 111.21, 111.22, 117.44, 133.01, 133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31, 321.32, 321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41, 503.52, 504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20, 505.03, 505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262, 505.31, 505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511, 505.73, 505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05, 507.051, 507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21, 511.22, 511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05, 517.06, 517.07, 519.12, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201, 707.28, 709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10, 715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08, 971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02, 2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025, 3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27, 5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16, 5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73, 5735.27, and 5747.061 of the Revised Code to replace the name "township clerk" with the name "township fiscal officer" and to require a township zoning referendum to be voted upon at a special election to be held on the day of the next primary or general election that occurs at least 75 days after the referendum petition is filed, regardless of whether any election will be held to nominate or elect candidates on that day.
SECTION 1. That sections 111.21, 111.22, 117.44, 133.01, 133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31, 321.32, 321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41, 503.52, 504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20, 505.03, 505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262, 505.31, 505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511, 505.73, 505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05, 507.051, 507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21, 511.22, 511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05, 517.06, 517.07, 519.12, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201, 707.28, 709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10, 715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08, 971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02, 2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025, 3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27, 5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16, 5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73, 5735.27, and 5747.061 of the Revised Code be amended to read as follows:
Sec. 111.21. The secretary of state shall:
(A) Make and keep a record of all elections and the votes
cast
thereat
at elections in
municipal corporations, townships,
and counties upon all questions of electing
charter commissions,
of adopting charters or amendments
thereto
to charters, of
adopting
additional laws or alternative forms of government, of
transferring powers to
counties, and of withdrawing or revoking
such
those powers;
(B) File and preserve all reports, certificates, and copies
of agreements
transfering
transferring powers, whether approved by
popular vote or otherwise, and of
charters, as permanent public
records of the state;
(C) Establish regulations prescribing the forms, times,
certifications,
details, and other particulars or conditions
governing
the fiscal officers of townships and the clerks of
municipal corporations,
townships, boards of elections, and boards
of county
commissioners in reporting and certifying the papers and
information necessary
for the records and files of the secretary
of state.
Such
The regulations shall
require the furnishing of one
or more duplicates of the text of all charters
and amendments, and
of all transfer agreements, one of each of which it shall
be the
duty of the secretary of state to verify and deposit in the
library of
the supreme court.
Sec. 111.22. The
fiscal officer of every township and the
clerk of every municipal corporation,
township, board of
elections, and board of county commissioners shall:
(A) Furnish and certify to the secretary of state all copies of resolutions, ordinances, other instruments, portions of public records, and other information as the secretary of state requires; and
(B) Furnish and certify duplicate copies of so much of each
item as the
secretary of state prescribes to the clerk of
courts
the court of common pleas and the law library of
the county
affected.
Sec. 117.44. To enhance local officials' background and
working knowledge of government accounting, budgeting and
financing, financial report preparation, and the rules adopted by
the auditor of state, the auditor of state shall hold training
programs for persons elected for the first time as township
clerks fiscal officers, city auditors, and village clerks, between the first day
of December and the first day of April immediately
following a general election for any of these offices. Similar
training may also be provided to any township clerk fiscal officer, city
auditor, or village clerk who is appointed to fill a vacancy or
who is elected in a special election.
The auditor of state also shall develop and provide an annual training program of continuing education for village clerks.
The auditor of state shall determine the manner, content, and length of the training programs after consultation with appropriate statewide organizations of local governmental officials. The auditor of state shall charge the political subdivisions that the trainees represent a registration fee that will meet actual and necessary expenses of the training, including instructor fees, site acquisition costs, and the cost of course materials. The necessary personal expenses incurred by the officials as a result of attending the training program shall be borne by the political subdivisions they represent.
The auditor of state shall allow any other interested person to attend any of the training programs that the auditor of state holds pursuant to this section; provided, that before attending any such training program, the interested person shall pay to the auditor of state the full registration fee that the auditor of state has set for the training program.
The auditor of state may provide any other appropriate training or educational programs that may be developed and offered by the auditor of state or in collaboration with one or more other state agencies, political subdivisions, or other public or private entities.
There is hereby established in the state treasury the auditor of state training program fund, to be used by the auditor of state for the actual and necessary expenses of any training programs held pursuant to this section, section 117.441, or section 321.46 of the Revised Code. All registration fees collected under this section shall be paid into the fund.
Sec. 133.01. As used in this chapter, in sections 9.95, 9.96, and 2151.655 of the Revised Code, in other sections of the Revised Code that make reference to this chapter unless the context does not permit, and in related proceedings, unless otherwise expressly provided:
(A) "Acquisition" as applied to real or personal property includes, among other forms of acquisition, acquisition by exercise of a purchase option, and acquisition of interests in property, including, without limitation, easements and rights-of-way, and leasehold and other lease interests initially extending or extendable for a period of at least sixty months.
(B) "Anticipatory securities" means securities, including notes, issued in anticipation of the issuance of other securities.
(C) "Board of elections" means the county board of elections of the county in which the subdivision is located. If the subdivision is located in more than one county, "board of elections" means the county board of elections of the county that contains the largest portion of the population of the subdivision or that otherwise has jurisdiction in practice over and customarily handles election matters relating to the subdivision.
(D) "Bond retirement fund" means the bond retirement fund provided for in section 5705.09 of the Revised Code, and also means a sinking fund or any other special fund, regardless of the name applied to it, established by or pursuant to law or the proceedings for the payment of debt charges. Provision may be made in the applicable proceedings for the establishment in a bond retirement fund of separate accounts relating to debt charges on particular securities, or on securities payable from the same or common sources, and for the application of moneys in those accounts only to specified debt charges on specified securities or categories of securities. Subject to law and any provisions in the applicable proceedings, moneys in a bond retirement fund or separate account in a bond retirement fund may be transferred to other funds and accounts.
(E) "Capitalized interest" means all or a portion of the interest payable on securities from their date to a date stated or provided for in the applicable legislation, which interest is to be paid from the proceeds of the securities.
(F) "Chapter 133. securities" means securities authorized by or issued pursuant to or in accordance with this chapter.
(G) "County auditor" means the county auditor of the county in which the subdivision is located. If the subdivision is located in more than one county, "county auditor" means the county auditor of the county that contains the highest amount of the tax valuation of the subdivision or that otherwise has jurisdiction in practice over and customarily handles property tax matters relating to the subdivision. In the case of a county that has adopted a charter, "county auditor" means the officer who generally has the duties and functions provided in the Revised Code for a county auditor.
(H) "Credit enhancement facilities" means letters of credit, lines of credit, stand-by, contingent, or firm securities purchase agreements, insurance, or surety arrangements, guarantees, and other arrangements that provide for direct or contingent payment of debt charges, for security or additional security in the event of nonpayment or default in respect of securities, or for making payment of debt charges to and at the option and on demand of securities holders or at the option of the issuer or upon certain conditions occurring under put or similar arrangements, or for otherwise supporting the credit or liquidity of the securities, and includes credit, reimbursement, marketing, remarketing, indexing, carrying, interest rate hedge, and subrogation agreements, and other agreements and arrangements for payment and reimbursement of the person providing the credit enhancement facility and the security for that payment and reimbursement.
(I) "Current operating expenses" or "current expenses" means the lawful expenditures of a subdivision, except those for permanent improvements and for payments of debt charges of the subdivision.
(J) "Debt charges" means the principal, including any mandatory sinking fund deposits and mandatory redemption payments, interest, and any redemption premium, payable on securities as those payments come due and are payable. The use of "debt charges" for this purpose does not imply that any particular securities constitute debt within the meaning of the Ohio Constitution or other laws.
(K) "Financing costs" means all costs and expenses relating to the authorization, including any required election, issuance, sale, delivery, authentication, deposit, custody, clearing, registration, transfer, exchange, fractionalization, replacement, payment, and servicing of securities, including, without limitation, costs and expenses for or relating to publication and printing, postage, delivery, preliminary and final official statements, offering circulars, and informational statements, travel and transportation, underwriters, placement agents, investment bankers, paying agents, registrars, authenticating agents, remarketing agents, custodians, clearing agencies or corporations, securities depositories, financial advisory services, certifications, audits, federal or state regulatory agencies, accounting and computation services, legal services and obtaining approving legal opinions and other legal opinions, credit ratings, redemption premiums, and credit enhancement facilities. Financing costs may be paid from any moneys available for the purpose, including, unless otherwise provided in the proceedings, from the proceeds of the securities to which they relate and, as to future financing costs, from the same sources from which debt charges on the securities are paid and as though debt charges.
(L) "Fiscal officer" means the following, or, in the case of absence or vacancy in the office, a deputy or assistant authorized by law or charter to act in the place of the named officer, or if there is no such authorization then the deputy or assistant authorized by legislation to act in the place of the named officer for purposes of this chapter, in the case of the following subdivisions:
(1) A county, the county auditor;
(2) A municipal corporation, the city auditor or village clerk or clerk-treasurer, or the officer who, by virtue of a charter, has the duties and functions provided in the Revised Code for the city auditor or village clerk or clerk-treasurer;
(3) A school district, the treasurer of the board of education;
(4) A regional water and sewer district, the secretary of the board of trustees;
(5) A joint township hospital district, the treasurer of the district;
(6) A joint ambulance district, the clerk of the board of trustees;
(7) A joint recreation district, the person designated pursuant to section 755.15 of the Revised Code;
(8) A detention facility district or a district organized under section 2151.65 of the Revised Code or a combined district organized under sections 2152.41 and 2151.65 of the Revised Code, the county auditor of the county designated by law to act as the auditor of the district;
(9) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the clerk fiscal officer of
the township;
(10) A joint fire district, the clerk of the board of trustees of that district;
(11) A regional or county library district, the person responsible for the financial affairs of that district;
(12) A joint solid waste management district, the fiscal officer appointed by the board of directors of the district under section 343.01 of the Revised Code;
(13) A joint emergency medical services district, the person appointed as fiscal officer pursuant to division (D) of section 307.053 of the Revised Code;
(14) A fire and ambulance district, the person appointed as fiscal officer under division (B) of section 505.375 of the Revised Code;
(15) A subdivision described in division (MM)(17) of this section, the officer who is designated by law as or performs the functions of its chief fiscal officer.
(M) "Fiscal year" has the same meaning as in section 9.34 of the Revised Code.
(N) "Fractionalized interests in public obligations" means participations, certificates of participation, shares, or other instruments or agreements, separate from the public obligations themselves, evidencing ownership of interests in public obligations or of rights to receive payments of, or on account of, principal or interest or their equivalents payable by or on behalf of an obligor pursuant to public obligations.
(O) "Fully registered securities" means securities in certificated or uncertificated form, registered as to both principal and interest in the name of the owner.
(P) "Fund" means to provide for the payment of debt charges and expenses related to that payment at or prior to retirement by purchase, call for redemption, payment at maturity, or otherwise.
(Q) "General obligation" means securities to the payment of debt charges on which the full faith and credit and the general property taxing power, including taxes within the tax limitation if available to the subdivision, of the subdivision are pledged.
(R) "Interest" or "interest equivalent" means those payments or portions of payments, however denominated, that constitute or represent consideration for forbearing the collection of money, or for deferring the receipt of payment of money to a future time.
(S) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and includes any laws of the United States providing for application of that code.
(T) "Issuer" means any public issuer and any nonprofit corporation authorized to issue securities for or on behalf of any public issuer.
(U) "Legislation" means an ordinance or resolution passed by a majority affirmative vote of the then members of the taxing authority unless a different vote is required by charter provisions governing the passage of the particular legislation by the taxing authority.
(V) "Mandatory sinking fund redemption requirements" means amounts required by proceedings to be deposited in a bond retirement fund for the purpose of paying in any year or fiscal year by mandatory redemption prior to stated maturity the principal of securities that is due and payable, except for mandatory prior redemption requirements as provided in those proceedings, in a subsequent year or fiscal year.
(W) "Mandatory sinking fund requirements" means amounts required by proceedings to be deposited in a year or fiscal year in a bond retirement fund for the purpose of paying the principal of securities that is due and payable in a subsequent year or fiscal year.
(X) "Net indebtedness" has the same meaning as in division (A) of section 133.04 of the Revised Code.
(Y) "Obligor," in the case of securities or fractionalized interests in public obligations issued by another person the debt charges or their equivalents on which are payable from payments made by a public issuer, means that public issuer.
(Z) "One purpose" relating to permanent improvements means any one permanent improvement or group or category of permanent improvements for the same utility, enterprise, system, or project, development or redevelopment project, or for or devoted to the same general purpose, function, or use or for which self-supporting securities, based on the same or different sources of revenues, may be issued or for which special assessments may be levied by a single ordinance or resolution. "One purpose" includes, but is not limited to, in any case any off-street parking facilities relating to another permanent improvement, and:
(1) Any number of roads, highways, streets, bridges, sidewalks, and viaducts;
(2) Any number of off-street parking facilities;
(3) In the case of a county, any number of permanent improvements for courthouse, jail, county offices, and other county buildings, and related facilities;
(4) In the case of a school district, any number of facilities and buildings for school district purposes, and related facilities.
(AA) "Outstanding," referring to securities, means securities that have been issued, delivered, and paid for, except any of the following:
(1) Securities canceled upon surrender, exchange, or transfer, or upon payment or redemption;
(2) Securities in replacement of which or in exchange for which other securities have been issued;
(3) Securities for the payment, or redemption or purchase for cancellation prior to maturity, of which sufficient moneys or investments, in accordance with the applicable legislation or other proceedings or any applicable law, by mandatory sinking fund redemption requirements, mandatory sinking fund requirements, or otherwise, have been deposited, and credited for the purpose in a bond retirement fund or with a trustee or paying or escrow agent, whether at or prior to their maturity or redemption, and, in the case of securities to be redeemed prior to their stated maturity, notice of redemption has been given or satisfactory arrangements have been made for giving notice of that redemption, or waiver of that notice by or on behalf of the affected security holders has been filed with the subdivision or its agent for the purpose.
(BB) "Paying agent" means the one or more banks, trust companies, or other financial institutions or qualified persons, including an appropriate office or officer of the subdivision, designated as a paying agent or place of payment of debt charges on the particular securities.
(CC) "Permanent improvement" or "improvement" means any property, asset, or improvement certified by the fiscal officer, which certification is conclusive, as having an estimated life or period of usefulness of five years or more, and includes, but is not limited to, real estate, buildings, and personal property and interests in real estate, buildings, and personal property, equipment, furnishings, and site improvements, and reconstruction, rehabilitation, renovation, installation, improvement, enlargement, and extension of property, assets, or improvements so certified as having an estimated life or period of usefulness of five years or more. The acquisition of all the stock ownership of a corporation is the acquisition of a permanent improvement to the extent that the value of that stock is represented by permanent improvements. A permanent improvement for parking, highway, road, and street purposes includes resurfacing, but does not include ordinary repair.
(DD) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes any federal, state, interstate, regional, or local governmental agency, any subdivision, and any combination of those persons.
(EE) "Proceedings" means the legislation, certifications, notices, orders, sale proceedings, trust agreement or indenture, mortgage, lease, lease-purchase agreement, assignment, credit enhancement facility agreements, and other agreements, instruments, and documents, as amended and supplemented, and any election proceedings, authorizing, or providing for the terms and conditions applicable to, or providing for the security or sale or award of, public obligations, and includes the provisions set forth or incorporated in those public obligations and proceedings.
(FF) "Public issuer" means any of the following that is authorized by law to issue securities or enter into public obligations:
(1) The state, including an agency, commission, officer, institution, board, authority, or other instrumentality of the state;
(2) A taxing authority, subdivision, district, or other local public or governmental entity, and any combination or consortium, or public division, district, commission, authority, department, board, officer, or institution, thereof;
(3) Any other body corporate and politic, or other public entity.
(GG) "Public obligations" means both of the following:
(1) Securities;
(2) Obligations of a public issuer to make payments under installment sale, lease, lease purchase, or similar agreements, which obligations bear interest or interest equivalent.
(HH) "Refund" means to fund and retire outstanding securities, including advance refunding with or without payment or redemption prior to maturity.
(II) "Register" means the books kept and maintained by the registrar for registration, exchange, and transfer of registered securities.
(JJ) "Registrar" means the person responsible for keeping the register for the particular registered securities, designated by or pursuant to the proceedings.
(KK) "Securities" means bonds, notes, certificates of indebtedness, commercial paper, and other instruments in writing, including, unless the context does not admit, anticipatory securities, issued by an issuer to evidence its obligation to repay money borrowed, or to pay interest, by, or to pay at any future time other money obligations of, the issuer of the securities, but not including public obligations described in division (GG)(2) of this section.
(LL) "Self-supporting securities" means securities or portions of securities issued for the purpose of paying costs of permanent improvements to the extent that receipts of the subdivision, other than the proceeds of taxes levied by that subdivision, derived from or with respect to the improvements or the operation of the improvements being financed, or the enterprise, system, project, or category of improvements of which the improvements being financed are part, are estimated by the fiscal officer to be sufficient to pay the current expenses of that operation or of those improvements or enterprise, system, project, or categories of improvements and the debt charges payable from those receipts on securities issued for the purpose. Until such time as the improvements or increases in rates and charges have been in operation or effect for a period of at least six months, the receipts therefrom, for purposes of this definition, shall be those estimated by the fiscal officer, except that those receipts may include, without limitation, payments made and to be made to the subdivision under leases or agreements in effect at the time the estimate is made. In the case of an operation, improvements, or enterprise, system, project, or category of improvements without at least a six-month history of receipts, the estimate of receipts by the fiscal officer, other than those to be derived under leases and agreements then in effect, shall be confirmed by the taxing authority.
(MM) "Subdivision" means any of the following:
(1) A county, including a county that has adopted a charter under Article X, Ohio Constitution;
(2) A municipal corporation, including a municipal corporation that has adopted a charter under Article XVIII, Ohio Constitution;
(3) A school district;
(4) A regional water and sewer district organized under Chapter 6119. of the Revised Code;
(5) A joint township hospital district organized under section 513.07 of the Revised Code;
(6) A joint ambulance district organized under section 505.71 of the Revised Code;
(7) A joint recreation district organized under division (C) of section 755.14 of the Revised Code;
(8) A detention facility district organized under section 2152.41, a district organized under section 2151.65, or a combined district organized under sections 2152.41 and 2151.65 of the Revised Code;
(9) A township police district organized under section 505.48 of the Revised Code;
(10) A township;
(11) A joint fire district organized under section 505.371 of the Revised Code;
(12) A county library district created under section 3375.19 or a regional library district created under section 3375.28 of the Revised Code;
(13) A joint solid waste management district organized under section 343.01 or 343.012 of the Revised Code;
(14) A joint emergency medical services district organized under section 307.052 of the Revised Code;
(15) A fire and ambulance district organized under section 505.375 of the Revised Code;
(16) A fire district organized under division (C) of section 505.37 of the Revised Code;
(17) Any other political subdivision or taxing district or other local public body or agency authorized by this chapter or other laws to issue Chapter 133. securities.
(NN) "Taxing authority" means in the case of the following subdivisions:
(1) A county, a county library district, or a regional library district, the board or boards of county commissioners, or other legislative authority of a county that has adopted a charter under Article X, Ohio Constitution, but with respect to such a library district acting solely as agent for the board of trustees of that district;
(2) A municipal corporation, the legislative authority;
(3) A school district, the board of education;
(4) A regional water and sewer district, a joint ambulance district, a joint recreation district, a fire and ambulance district, or a joint fire district, the board of trustees of the district;
(5) A joint township hospital district, the joint township hospital board;
(6) A detention facility district or a district organized under section 2151.65 of the Revised Code, a combined district organized under sections 2152.41 and 2151.65 of the Revised Code, or a joint emergency medical services district, the joint board of county commissioners;
(7) A township, a fire district organized under division (C) of section 505.37 of the Revised Code, or a township police district, the board of township trustees;
(8) A joint solid waste management district organized under section 343.01 or 343.012 of the Revised Code, the board of directors of the district;
(9) A subdivision described in division (MM)(17) of this section, the legislative or governing body or official.
(OO) "Tax limitation" means the "ten-mill limitation" as defined in section 5705.02 of the Revised Code without diminution by reason of section 5705.313 of the Revised Code or otherwise, or, in the case of a municipal corporation or county with a different charter limitation on property taxes levied to pay debt charges on unvoted securities, that charter limitation. Those limitations shall be respectively referred to as the "ten-mill limitation" and the "charter tax limitation."
(PP) "Tax valuation" means the aggregate of the valuations of property subject to ad valorem property taxation by the subdivision on the real property, personal property, and public utility property tax lists and duplicates most recently certified for collection, and shall be calculated without deductions of the valuations of otherwise taxable property exempt in whole or in part from taxation by reason of exemptions of certain amounts of taxable value under division (C) of section 5709.01 or section 323.152 of the Revised Code, or similar laws now or in the future in effect.
(QQ) "Year" means the calendar year.
(RR) "Administrative agent," "agent," "commercial paper," "floating rate interest structure," "indexing agent," "interest rate hedge," "interest rate period," "put arrangement," and "remarketing agent" have the same meanings as in section 9.98 of the Revised Code.
(SS) "Sales tax supported" means obligations to the payment of debt charges on which an additional sales tax or additional sales taxes have been pledged by the taxing authority of a county pursuant to section 133.081 of the Revised Code.
Sec. 133.27. (A) Chapter 133. securities shall be signed on behalf of the subdivision as follows:
(1) In the case of a municipal corporation, by the mayor
or
other chief executive officer and by the fiscal officer, or by
such
any other officers
as
who are designated to sign by the
charter or
legislation of its taxing authority;
(2) In the case of a county, by at least two members of
its
taxing authority and by the county auditor, or, in the case of
a
charter county, by
such
those officers of the county
as
who are
designated
to sign by the charter or legislation of its taxing
authority;
(3) In the case of a school district, by the president or vice-president of the board of education and by its fiscal officer;
(4) In the case of a township, by at least two township
trustees and by the township
clerk
fiscal officer;
(5) In the case of a subdivision not referred to in
divisions (B)(1) to (4) of this section, by the officer of the
subdivision or taxing authority designated to sign by other law
or, if there is no
such other law
designating an officer, by the
legislation authorizing
the securities.
(B) If an officer designated to sign securities or interest coupons pursuant to division (A) or (E) of this section is for any reason unable or unavailable to so sign, another officer of the subdivision or taxing authority, designated by legislation passed by the taxing authority, may sign instead of that officer.
(C) All signatures required by this section may be
facsimile
signatures as provided for by sections 9.10, 9.11, and
9.96 of the
Revised Code, unless the securities are issued in
other than fully
registered form, in which case at least one
such
signature shall
be a manual signature.
(D) If an officer who has signed, manually or by facsimile
signature, any securities of a subdivision ceases to be such
officer before the securities so signed have been actually
delivered, the securities may nevertheless be issued and
delivered
as though the person who has so signed the securities
had not
ceased to be such officer. Any securities may be signed
as
provided in this section, on behalf of the subdivision, by an
officer who is the proper officer of the subdivision or taxing
authority on the actual date of signing of the securities,
notwithstanding the fact that at the date of the securities or on
the date of delivery of the securities that person was or is not
such
the proper officer of the subdivision.
(E) Securities, other than fully registered securities, may, in the discretion of the taxing authority, have interest coupons attached or otherwise appertaining. The interest coupons shall be signed on behalf of the subdivision by the manual or facsimile signature of its fiscal officer.
Sec. 149.42. There is hereby created in each township a
township records commission, composed of the
chairman
chairperson
of the board of township trustees and the
clerk
fiscal officer of
the
township. The
commission shall meet at least once every
twelve months, and upon
call of the chairperson.
The function of the commission shall be to review applications for one-time records disposal and schedules of records retention and disposition submitted by township offices. Records may be disposed of by the commission pursuant to the procedure outlined in this section. The commission may at any time review any schedule it has previously approved, and for good cause shown may revise that schedule.
When township records have been approved for disposal, a
list
of
such
the records shall be sent to the auditor of state. If
the
auditor of state disapproves
of the action by the
commission, in
whole or in part,
the auditor of state shall so inform the
commission within a
period of sixty days,
and these records shall
not be destroyed. Before public records
are disposed of, the Ohio
historical society shall be informed
and given the opportunity for
a period of sixty days to select
for its custody
such
those public
records
as it considers to be of
continuing historical value.
Sec. 301.01. When a petition, memorial, or remonstrance is
presented to the
general assembly for or against the erection of a
new county, or for the
location or relocation of a county seat,
the petitioners must be eighteen
years of age and resident
taxpayers or voters within the several townships in
which they
reside. The petition shall set forth the name of the township and
county in which the petitioners reside, and that their residence
is within or
out of the bounds of the proposed new county, as the
case may be. The
foregoing requirements shall be proven by the
certificate of a township
clerk
fiscal officer or by the oath of a
respectable freeholder or voter, certified by a person
authorized
to administer oaths.
Such
The certificate or oath shall specify on
the
petition, memorial, or remonstrance the number of signers
there were to
such
the paper at the time of
the certifying
or
oath.
Sec. 306.32. Any county, or any two or more counties,
municipal corporations,
or townships, or any combination
thereof
of these,
may
create a regional transit authority by the adoption
of a
resolution or ordinance by the board of county commissioners
of
each county, the legislative authority of each municipal
corporation, and the board of township trustees of each township
which is to create or to join in the creation of the regional
transit authority.
Such
The resolution or ordinance shall state:
(A) The necessity for the creation of a regional transit authority;
(B) The counties, municipal corporations, or townships which are to create or to join in the creation of the regional transit authority;
(C) The official name by which the regional transit authority shall be known;
(D) The place in which the principal office of the regional transit authority will be located or the manner in which it may be selected;
(E) The number, term, and compensation, or method for establishing compensation, of the members of the board of trustees of the regional transit authority. Compensation shall not exceed fifty dollars for each board and committee meeting attended by a member, except that if compensation is provided annually it shall not exceed six thousand dollars for the president of the board or four thousand eight hundred dollars for each other board member.
(F) The manner in which vacancies on the board of trustees of the regional transit authority shall be filled;
(G) The manner and to what extent the expenses of the regional transit authority shall be apportioned among the counties, municipal corporations, and townships creating it;
(H) The purposes, including the kinds of transit facilities, for which the regional transit authority is organized.
The regional transit authority provided for in
such
the
resolution or ordinance shall be deemed to be created upon the
adoption of
such
the resolution or ordinance by the board of
county
commissioners of each county, the legislative authority of
each
municipal corporation, and the board of township trustees of
each
township enumerated in the resolution or ordinance.
The resolution or ordinance creating a regional transit
authority may be amended to include additional counties,
municipal
corporations, or townships or for any other purpose, by
the
adoption of
such
the amendment by the board of county
commissioners of
each county, the legislative authority of each
municipal
corporation, and the board of township trustees of each
township
which has created or joined or proposes to join the
regional
transit authority.
After each county, municipal corporation, and township
which
has created or joined or proposes to join the regional
transit
authority has adopted its resolution or ordinance
approving
inclusion of additional counties, municipal
corporations, or
townships in
such
the regional transit authority, a
copy of each
such
resolution or ordinance shall be filed with the
clerk of the
board
of the county commissioners of each county,
the clerk of
the
legislative
authority of each municipal corporation, and
the
fiscal officer of
the board of
trustees of each township proposed
to be included in
the regional
transit authority.
Such
The
inclusion is effective when
all such
filing has been completed,
unless the regional transit
authority
to which territory is to be
added has authority to levy
an ad
valorem tax on property, or a
sales tax, within its
territorial
boundaries, in which event
such
the inclusion shall
become effective
on the sixtieth day after the
last such filing
is accomplished,
unless, prior to the expiration
of
such
the sixty-day period,
qualified electors residing in the
area proposed to
be added to
the regional transit authority, equal
in number to at
least ten
per cent of the qualified electors from
such
the area who
voted for
governor at the last gubernatorial
election, file a
petition of
referendum against
such
the
inclusion. Any petition of
referendum
filed under this section
shall be filed at the office
of the
secretary of the board of
trustees of the regional transit
authority. The person presenting
the petition shall be given a
receipt containing
thereon
on it the
time of the day, the date, and the
purpose of the petition. The
secretary of the board of trustees
of the regional transit
authority shall cause the appropriate
board or boards of elections
to check the sufficiency of
signatures on any petition of
referendum filed under this section
and, if found to be
sufficient, shall present the petition to the
board of trustees at
a meeting of said board which occurs not
later than thirty days
following the filing of said petition.
Upon
presentation to the
board of trustees of a petition of
referendum
against the proposed
inclusion, the board of trustees
shall
promptly certify the
proposal to the board or boards of
elections
for the purpose of
having the proposal placed on the
ballot at the
next general or
primary election which occurs not
less than
seventy-five days
after the date of the meeting of said
board, or
at a special
election, the date of which shall be
specified in the
certification, which date shall be not less than
seventy-five days
after the date of such meeting of the board.
Signatures on a
petition of referendum may be withdrawn up to and
including the
meeting of the board of trustees certifying the
proposal to the
appropriate board or boards of elections. If
territory of more
than one county, municipal corporation, or
township is to be added
to the regional transit authority, the
electors of
such
the
territories of the counties, municipal
corporations, or townships
which are to be added shall vote as a
district, and the majority
affirmative vote shall be determined by
the vote cast in
such
the
district as a whole. Upon certification of
a proposal to the
appropriate board or boards of elections
pursuant to this section,
such
the board or boards of election shall
make the necessary
arrangements for the submission of
such
questions the question to the
electors
of the territory to be added to the
regional transit
authority
qualified to vote thereon on the question, and the
election shall be
held,
canvassed, and certified in the manner
provided for the
submission
of tax levies under section 5705.191
of the Revised
Code, except
that the question appearing on the
ballot shall read:
"Shall the territory within the ......................... (Name or names of political subdivisions to be joined) be added to .................................. (Name) regional transit authority?" and shall a(n) .......... (here insert type of tax or taxes) at a rate of taxation not to exceed ..... (here insert maximum tax rate or rates) be levied for all transit purposes?"
If the question is approved by at least a majority of the
electors voting on
such
the question,
such
the joinder is
immediately
effective, and the regional transit authority may
extend the levy
of
such
the tax against all the taxable property
within the territory
which has been added. If
such
the question
is approved at a general
election or at a special election
occurring prior
thereto
to the general election but
after the
fifteenth day of July, the regional transit authority
may amend
its budget and resolution adopted pursuant to section
5705.34 of
the Revised Code, and
such
the levy shall be placed on the
current
tax list and duplicate and collected as other taxes are
collected
from all taxable property within the territorial
boundaries of the
regional transit authority, including the
territory within each
political subdivision added as a result of
such
the election.
The territorial boundaries of a regional transit authority
shall be coextensive with the territorial boundaries of the
counties, municipal corporations, and townships included within
the regional transit authority, provided that the same area may
be
included in more than one regional transit authority so long
as
the regional transit authorities are not organized for
purposes as
provided for in the resolutions or ordinances
creating the same,
and any amendments
thereto
to them, relating to the
same kinds of
transit
facilities; and provided further, that if a
regional
transit
authority includes only a portion of an entire
county, a
regional
transit authority for the same purposes may be
created in
the
remaining portion of the same county by resolution
of the
board of
county commissioners acting alone or in
conjunction with
municipal
corporations and townships as provided
in this section.
No regional transit authority shall be organized after
January 1, 1975, to include any area already included in a
regional transit authority, except that any regional transit
authority organized after
the effective date of this section
June
29, 1974, and
having territorial boundaries entirely within a
single county
shall, upon adoption by the board of county
commissioners of
such
the county of a resolution creating a
regional transit authority
including within its territorial
jurisdiction the existing
regional transit authority and for
purposes including the
purposes
for which
such
the existing
regional transit authority was
created, be
dissolved and its
territory included in such new
regional transit
authority. Any
resolution creating such
a new
regional transit
authority shall
make adequate provision for
satisfaction of the
obligations of the
dissolved regional transit
authority.
Sec. 306.321. The resolution or ordinance creating a
regional transit authority may be amended to include additional
counties, municipal corporations, or townships by the adoption of
such
an amendment by the board of county commissioners of each
county, the legislative authority of each municipal corporation,
and the board of township trustees of each township which has
created or
theretofore, prior to the adoption of the amendment,
joined or proposes to join the regional
transit authority.
After each county, municipal corporation, and township
which
has created or
theretofore, prior to the adoption of the
amendment, joined or proposes to join the
regional transit
authority has adopted its resolution or
ordinance approving
inclusion of additional counties, municipal
corporations, or
townships in
such
the regional transit authority, a
copy of each
such resolution or ordinance shall be filed with the
clerk of the
board of the county commissioners of each county,
the clerk of
the
legislative authority of each municipal corporation, and
the
fiscal officer of
the board of trustees of each township proposed
to be included in
the regional transit authority.
Any ordinances or resolutions adopted pursuant to this
section approving inclusion of additional counties, municipal
corporations, or townships in
such
the regional transit authority
shall provide that the board of trustees of
such
the regional
transit
authority must, not later than the tenth day following the
day on
which the filing of the ordinances or resolutions, as
required by
the immediately preceding paragraph, is completed,
adopt its
resolution providing for submission to the electors of
the
regional transit authority as enlarged, of the question
pursuant
to section 306.49 of the Revised Code, of the renewal,
the
renewal and increase, or the increase of, or the imposition of
an
additional, ad valorem tax, or of the question pursuant to
section 306.70 of the Revised Code, of the renewal, the renewal
and increase, or the increase of, or the imposition of an
additional, sales and use tax. The resolution submitting the
question of the tax shall specify the date of the election, which
shall be not less than seventy-five days after certification of
such
the resolution to the board of elections and which shall be
consistent with the requirements of section 3501.01 of the
Revised
Code. The inclusion of the territory of the additional
counties,
municipal corporations, or townships in the regional
transit
authority shall be effective as of the date on which the
resolution of the board of trustees of the regional transit
authority is adopted submitting the question to the electors,
provided that until the question is approved, existing contracts
providing payment for transit services within the added territory
shall remain in effect and transit services shall not be affected
by the inclusion of the additional territory. The resolution
shall be certified to the board of elections and the election
shall be held, canvassed, and certified as provided in section
306.49 of the Revised Code in the case of an ad valorem tax or in
section 306.70 of the Revised Code in the case of a sales and use
tax.
If the question of the tax which is submitted is not
approved
by a majority of the electors of the enlarged regional
transit
authority voting
thereon
on the question, as of the day following
the day
on which the results of
such
the election become
conclusive, the
additional counties, municipal corporations, or
townships, which
had been included in the regional transit
authority as of the
date of the adoption of the resolution
submitting to the electors
the question, shall be removed from the
territory of
such
the regional transit authority and shall no
longer be a part of that
authority without any further action by
either the political
subdivisions which were included in the
authority prior to the
adoption of the resolution submitting the
question to the
electors or of the political subdivisions added to
the authority
as a result of the adoption of
such
the resolution.
The regional
transit authority reduced to its territory as it
existed prior to
the inclusion of the additional counties,
municipal corporations,
or townships, shall be entitled to levy
and collect any ad
valorem or sales and use taxes which it was
authorized to levy
and collect prior to the enlargement of its
territory and for
which authorization has not expired, as if
such
the enlargement had
not occurred.
If the question of the tax which is submitted provides for
a
sales and use tax to be imposed and the question is approved,
and
the regional transit authority had previously been authorized
pursuant to section 306.49 of the Revised Code to levy an ad
valorem tax,
then the regional transit authority shall
appropriate
from the first moneys received from
such
the sales and
use tax in
each year, the full amount required in order to pay
the principal
of and interest on any notes of the regional
transit authority
issued pursuant to section 306.49 of the
Revised Code, in
anticipation of the collection of
such
the ad
valorem tax; and
shall not thereafter levy and collect the ad
valorem tax
previously approved unless
such
the levy and collection
is
necessary to pay the principal of and interest on notes issued
in
anticipation of
such
the tax in order to avoid impairing the
obligation of the contract between the regional transit authority
and the note holders.
If the question of the additional or renewal tax levy is
approved,
then such
the tax may be levied and collected as is
otherwise provided for an ad valorem tax or a sales and use tax
imposed by a regional transit authority, provided that if a
question relating to an ad valorem tax is approved at the general
election or at a special election occurring prior
thereto
to a
general election, but
after the fifteenth day of July, the
regional transit authority
may amend its budget for its next
fiscal year and its resolution
adopted pursuant to section 5705.34
of the Revised Code or adopt
such
resolution, and
such
the levy
shall be placed on the current tax
list and duplicate and
collected as all other taxes are collected
from all taxable
property within the enlarged territory of the
regional transit
authority including the territory within each
political
subdivision which has been added to the regional
transit authority
pursuant to this section, provided further that
if a question
relating to sales and use tax is approved after the
fifteenth day
of July in any calendar year, the regional transit
authority may
amend its budget for the current and next fiscal
year and any
resolution adopted pursuant to section 5705.34 of
the Revised
Code, to reflect the imposition of
such
the sales and use
tax and
shall amend its budget for the next fiscal year and any
resolution
adopted pursuant to section 5705.34 of the Revised
Code to comply
with the immediately preceding paragraph. If the
budget of the
regional transit authority is amended pursuant to
this paragraph,
the county auditor shall prepare and deliver an
amended
certificate of estimated resources to reflect the change
in
anticipated revenues of the regional transit authority.
The procedures of this section are in addition to and an alternative to those established in section 306.32 of the Revised Code for joining to a regional transit authority additional counties, municipal corporations, or townships.
Sec. 319.51. On the erection of a new township in the
county, the county
auditor shall open an account with it, and, at
his
the auditor's
next semiannual settlement,
credit it with all
moneys for taxes collected in or distributable to the
territory
included in
such
the new township, making corresponding deductions
from
the townships from which it was taken. The moneys so
credited shall be drawn
by warrants in favor of the
township clerk
fiscal officer of the new township.
Sec. 321.31. Immediately after each settlement with the
county auditor, on
demand, and on presentation of the warrant of
the auditor therefor, the county
treasurer shall pay to the
township clerk fiscal officer, or the treasurer of a municipal
corporation,
school district, or any board authorized by law to receive the
funds or proceeds of any special tax levy, or other properly
designated
officers delegated by the boards and subdivisions to
receive such funds or
proceeds, all moneys in the county treasury
payable to
such boards and subdivisions.
Delinquent
taxes, interest, and penalties
are payable in the proportions
prescribed in section 319.45 of the Revised Code.
Sec. 321.32. If a township
clerk
fiscal officer or other
proper officer so requires, or the
board of township trustees, the
legislative authority of a municipal
corporation, or the board of
education of a school district, respectively,
directs, the moneys
described in section 321.31 of the Revised Code shall
remain in
the county treasury, to be drawn by the proper officer on the
warrant of the county auditor, in sums of not less than one
hundred dollars.
If a county treasurer retains, or if a local officer permits
such
the moneys to
remain in the treasury, in any manner other
than as provided by this section,
he
the county treasurer or local
officer shall forfeit and pay for
such
the offense not less than
one hundred nor more
than one thousand dollars, to be recovered in
an action at the suit of the
state, for the use of the county.
Sec. 321.34. (A)(1) When the local authorities by
resolution so request, the county auditor shall pay township
clerks
fiscal officers, treasurers of municipal corporations, the
treasurer of
any board of education, and the treasurer of any
other political
subdivision or taxing district whose funds derived
from taxes or
other sources are payable by law to the county
treasurer, any
money that may be in the county treasury to the
accounts of
such
the local authorities, respectively, and lawfully
applicable to the
purpose of the current fiscal year in which
such
the request is made.
The auditor and county treasurer shall retain
any amounts needed
to make
such
the payments of obligations of
local political
subdivisions or taxing districts as are required
by law to be
paid directly by the county authorities.
(2)(a) For purposes of this section, in addition to the moneys payable under division (A)(1) of this section, money in the county treasury to the account of a board of education that is to be included in the settlement required under division (C) of section 321.24 of the Revised Code shall be paid to the treasurer when the board of education, by resolution, so requests.
(b)
Such
The money becomes lawfully applicable to the
purposes
of the fiscal year in which the request is made upon the
adoption
of the resolution making the request if that resolution
specifies
the board's intent to use the money for the purposes of
the
fiscal year in which the request is made.
(B) The auditor, in making
such
the advance payment, shall
draw separate warrants for the payments for that part of the
funds
allocated to the general fund of the subdivision and the
part
allocated to service the debt charges of the subdivision.
That
part of the advance payment allocated to the servicing of
debt
charges shall be payable to the officer, board of trustees,
or
commission of the subdivision charged with the payment and
retirement of the bonds and notes of such subdivision, and shall
be used for no other purpose. Any officer, board, or commission
receiving
such
the advance payment shall return a certificate, in
the
form prescribed by the tax commissioner, to the auditor that
the
funds so advanced and received have been paid into the bond
retirement fund.
(C) Upon the request, in like form, of any board of public
library trustees or board of township park commissioners for
which
a share of the undivided classified property taxes
collected in
the county has been allowed and fixed by the budget
commission,
the auditor may, prior to the first day of April, in
any year, pay
to the treasurer of
such
the board, from any undivided
tax funds
in the county treasury, an amount not exceeding
twenty-five per
cent of the board's share of
such
the undivided
classified
property taxes; but the auditor and county treasurer
shall retain
an amount sufficient to meet all other requests for
payments which
have been made under this section or can be
reasonably anticipated
prior to such first day of April. On or
after the first day of
April, all amounts paid out of undivided
tax funds shall be
reimbursed to the funds from which they have
been paid and charged
against the share of
such
the board of library
trustees or board
of township park commissioners in the undivided
classified
property tax fund.
Sec. 345.01. The taxing authority of any municipal
corporation, township, or
county, at any time not less than one
hundred days prior to a general election
in any year, by a vote of
two-thirds of all members of the taxing authority,
may, and upon
presentation to the clerk
or fiscal officer, as the case may be,
of
such
the taxing authority of a petition
signed by not less than
two per cent of the electors of the political
subdivision, as
shown at the preceding general election held in the
subdivision,
shall, declare by resolution that the amount of taxes which may be
raised within the ten-mill limitation will be insufficient to
provide an
adequate amount for the necessary requirements of
such
the subdivision, and that
it is necessary to levy taxes in excess
of
such
the limitation for either or both
of the following
purposes:
(A) For purchasing a site, and for erecting, equipping, and furnishing, or for establishing a memorial to commemorate the services of all members and veterans of the armed forces of the United States;
(B) For the operation and maintenance of a memorial, and for
the functions
related
thereto
to it.
Such
The resolution shall be confined to the purposes set
forth in this
sections
section,
and shall specify the amount of
increase in rate which it is necessary to
levy, the purpose of the
rate increase, and the number of years during which
such
the
increase shall be in effect. The increase may include a levy upon
the
tax duplicate of the current year. The number of years shall
be any number
not exceeding ten. The question of an increase in
tax rate under divisions
(A) and (B) of this section may be
submitted to the electors on one ballot.
The total tax for the purposes included in this section shall not, in any year, exceed one mill of each dollar of valuation.
Such
The resolution shall go into immediate effect upon its
passage, and no
publication of the resolution, other than that
provided for in the notice of
election, shall be necessary.
Sec. 503.162. (A) After certification of a resolution as provided in section 503.161 of the Revised Code, the board of elections shall submit the question of whether the township's name shall be changed to the electors of the unincorporated area of the township in accordance with division (C) of that section, and the ballot language shall be substantially as follows:
"Shall the township of .......... (name) change its name to ........ (proposed name)?
.......... For name change
.......... Against name change"
(B) At least forty-five days before the election on this question, the board of township trustees shall provide notice of the election and an explanation of the proposed name change in a newspaper of general circulation in the township for three consecutive weeks and shall post the notice and explanation in five conspicuous places in the unincorporated area of the township.
(C) If a majority of the votes cast on the proposition of
changing the township's name is in the affirmative, the name
change is adopted
and becomes effective ninety days after the
board of elections certifies the
election results to the
clerk
fiscal officer of
the township. Upon receipt of the
certification
of the election
results from the board of elections, the
clerk
fiscal officer of the township
shall send a copy of that
certification to the secretary of
state.
(D) A change in the name of a township shall not alter the rights or liabilities of the township as previously named.
Sec. 503.25.
Forthwith,
Immediately after the election or
appointment of township
officers as provided by sections 503.22 to
503.24, inclusive, of the
Revised
Code, the township
clerk
fiscal
officer shall make a list of all the officers elected or
appointed, stating the offices to which each is chosen or
appointed, and
he
the fiscal officer
shall add
thereto
to the list
a requisition that
such
the officers appear before
him
the fiscal
officer, or some
other officer authorized to administer oaths,
give bond, and take the oath of
office prescribed by sections 3.22
and 3.23 of the Revised Code and Section 7
of Article XV, Ohio
Constitution.
Such clerk
The fiscal officer shall
forthwith
immediately
make service of, or deliver to any constable of the
township who
shall make service of, a copy of
such
the list and requisition
by
delivering it to each person so elected or appointed.
Such
The
list and
requisition, with the time and manner of service
thereon
on it, shall be returned
and filed in the office of the
clerk
fiscal officer.
Sec. 503.26. If a person elected or appointed to a township
office takes the
oath of office required by section 503.25 of the
Revised Code before an
officer other than the township
clerk
fiscal officer, the officer before whom it is taken,
forthwith,
shall
immediately deposit with the
clerk
fiscal officer a
certificate of
such
the oath.
Such
clerk
The fiscal officer shall
make a record of all official oaths.
Sec. 503.29. Resolutions of the type described in division (B) of section 503.65 of the Revised Code may be proposed by initiative petition by the electors of a township and adopted by election by these electors, under the same circumstances, in the same manner, and subject to the same penalties as provided in sections 731.28 to 731.40 and section 731.99 of the Revised Code for ordinances and other measures of municipal corporations, insofar as those sections are applicable to townships, except as follows:
(A) The board of township trustees shall perform the duties imposed on the legislative authority of the municipal corporation under those sections.
(B) Initiative petitions shall be filed with the
township
clerk
fiscal officer, who shall perform the duties imposed under
those
sections upon the city auditor or village clerk.
(C) Initiative petitions shall contain the signatures of electors of the township equal in number to at least ten per cent of the total vote cast in the township for the office of governor at the most recent general election for that office.
(D) Each signer of an initiative petition shall be an elector of the township in which the election on the proposed resolution is to be held.
Sec. 503.41. (A) A board of township trustees, by resolution, may regulate and require the registration of massage establishments and their employees within the unincorporated territory of the township. In accordance with sections 503.40 to 503.49 of the Revised Code, for that purpose, the board, by a majority vote of all members, may adopt, amend, administer, and enforce regulations within the unincorporated territory of the township.
(B) A board may adopt regulations and amendments under this section only after public hearing at not fewer than two regular sessions of the board. The board shall cause to be published in at least one newspaper of general circulation in the township notice of the public hearings, including the time, date, and place, once a week for two weeks immediately preceding the hearings. The board shall make available proposed regulations or amendments to the public at the office of the board.
(C) Regulations or amendments adopted by the board are
effective thirty days after the date of adoption unless, within
thirty days after the adoption of the regulations or amendments,
the township
clerk
fiscal officer receives a petition, signed by a
number of
qualified electors residing in the unincorporated area
of the
township equal to not less than ten per cent of the total
vote
cast for all candidates for governor in the area at the most
recent
general election at which a governor was
elected,
requesting the board to submit the regulations or amendments to
the electors of the area for approval or rejection at the next
primary or general election occurring at least seventy-five days
after the board receives the petition.
No regulation or amendment for which the referendum vote has been requested is effective unless a majority of the vote cast on the issue is in favor of the regulation or amendment. Upon certification by the board of elections that a majority of the votes cast on the issue was in favor of the regulation or amendment, the regulation or amendment takes immediate effect.
(D) The board shall make available regulations it adopts or amends to the public at the office of the board and shall cause to be published a notice of the availability of the regulations in at least one newspaper of general circulation in the township within ten days after their adoption or amendment.
(E) Nothing in sections 503.40 to 503.49 of the Revised Code shall be construed to allow a board of township trustees to regulate the practice of any limited branch of medicine specified in section 4731.15 of the Revised Code or the practice of providing therapeutic massage by a licensed physician, a licensed chiropractor, a licensed podiatrist, a licensed nurse, or any other licensed health professional. As used in this division, "licensed" means licensed, certified, or registered to practice in this state.
Sec. 503.52. (A) A board of township trustees, by resolution, may regulate and require the registration of adult cabarets within the unincorporated territory of the township. In accordance with sections 503.51 to 503.59 of the Revised Code, for that purpose, the board, by a majority vote of all members, may adopt, amend, administer, and enforce regulations within the unincorporated territory of the township.
(B) A board may adopt regulations and amendments under this section only after public hearing at not fewer than two regular sessions of the board. The board shall cause to be published in at least one newspaper of general circulation in the township notice of the public hearings, including the time, date, and place, once a week for two weeks immediately preceding the hearings. The board shall make available proposed regulations or amendments to the public at the office of the board.
(C) Regulations or amendments adopted by the board are
effective thirty days after the date of adoption unless, within
thirty days after the adoption of the regulations or amendments,
the township
clerk
fiscal officer receives a petition, signed by a
number of
qualified electors residing in the unincorporated area
of the
township equal to not less than ten per cent of the total
number
of votes cast in that area for all candidates for the
office of
governor at the most recent general election for that
office,
requesting the board to submit the regulations or
amendments to
the electors of the area for approval or rejection
at the next
primary or general election occurring at least
seventy-five days
after the board receives the petition.
No regulation or amendment for which the referendum vote has been requested is effective unless a majority of the votes cast on the issue is in favor of the regulation or amendment. Upon certification by the board of elections that a majority of the votes cast on the issue was in favor of the regulation or amendment, the regulation or amendment takes immediate effect.
(D) The board shall make available regulations it adopts or amends to the public at the office of the board and shall cause to be published a notice of the availability of the regulations in at least one newspaper of general circulation in the township within ten days after their adoption or amendment.
Sec. 504.06. (A) Peace officers serving the township
pursuant to section 504.16 of the Revised Code may issue
citations
to persons who violate township resolutions adopted
pursuant to
this chapter. Each
such citation shall contain
provisions that:
(1) Advise the person upon whom it is served that the
person
must answer in relation to the violation charged in the
citation
within fourteen days after the citation is served upon
him
the
person;
(2) Indicate the allowable answers that may be made and
that
the person will be afforded a court hearing if
he
the
person
denies in
his
the person's answer
that he
having committed
the
violation;
(3) Specify that the answer must be made in person or by
mail to the township
clerk
fiscal officer;
(4) Indicate the amount of the fine that arises from the violation.
(B) A peace officer who issues a citation for a violation of a township resolution shall complete the citation by identifying the violation charged and by indicating the date, time, and place of the violation charged. The officer shall sign the citation, affirm the facts that it contains, and without unnecessary delay file the original citation with the court having jurisdiction over the violation. A copy of a citation issued pursuant to this section shall be served pursuant to the Rules of Civil Procedure upon the person who violated the resolution. No peace officer is entitled to receive witness fees in a cause prosecuted under a township resolution adopted pursuant to this chapter.
Sec. 504.07. (A)(1) A person who is served with a
citation
pursuant to division (B) of section 504.06 of the
Revised Code
shall answer the charge by personal appearance
before, or by mail
addressed to, the township
clerk
fiscal officer, who shall
immediately notify the township law director. An answer shall be
made within fourteen days after the citation is served upon the
person and shall be in one of the following forms:
(a) An admission that the person committed the violation,
by
payment of any fine arising from the violation. Payment of a
fine
pursuant to division (A)(1)(a) of this section shall be
payable to
the
clerk
fiscal officer of the township and deposited by the
clerk
fiscal officer into the township general fund.
(b) A denial that the person committed the violation.
(2) Whenever a person pays a fine pursuant to division
(A)(1)(a) of this section or whenever a person answers by denying
the violation or does not submit payment of the fine within the
time required by division (A)(1) of this section, the township
clerk
fiscal officer shall notify the court having jurisdiction
over the
violation.
(B) If a person answers by denying the violation or does
not
submit payment of the fine within the time required by
division
(A)(1) of this section, the court having jurisdiction
over the
violation shall, upon receiving the notification
required by
division (A)(2) of this section, schedule a hearing
on the
violation and send notice of the date and time of the
hearing to
the person charged with the violation and to the
township law
director. If the person charged with the violation
fails to
appear for the scheduled hearing, the court may hold
him
the
person
in contempt, or issue a summons or a warrant for
his
the
person's arrest
pursuant to Criminal Rule 4. If the court issues
a summons and
the person charged with the violation fails to
appear, the court
may enter a default judgment against the person
and require
him
the
person
to pay the fine arising from the
violation.
(C) The court shall hold the scheduled hearing in
accordance
with the Rules of Civil Procedure and the rules of the
court, and
shall determine whether the township has established,
by a
preponderance of the evidence, that the person committed the
violation. If the court determines that the person committed the
violation, it shall enter a judgment against the person requiring
him
the person to pay the fine arising from the violation.
If the court determines that the township has not established, by a preponderance of the evidence, that the person committed the violation, the court shall enter judgment against the township whose resolution allegedly was violated, shall dismiss the charge of the violation against the person, and shall assess costs against the township.
(D) Payment of any judgment or default judgment entered against a person pursuant to this section shall be made to the clerk of the court that entered the judgment, within ten days after the date of entry. All money paid in satisfaction of a judgment or default judgment shall be disbursed by the clerk as required by law, and the clerk shall enter the fact of payment of the money and its disbursement in the records of the court. If payment of a judgment or default judgment is not made within this time period, execution may be levied, and such other measures may be taken for its collection as are authorized for the collection of an unpaid money judgment in a civil action rendered in that court. The municipal or county court shall assess costs against the judgment debtor, to be paid upon satisfaction of the judgment.
(E) Any person against whom a judgment or default judgment
is entered pursuant to this section and any township against
which
a judgment is entered pursuant to this section may appeal
the
judgment or default judgment to the court of appeals within
whose
territorial jurisdiction the resolution allegedly was
violated.
An appeal shall be made by filing a notice of appeal
with the
trial court and with the court of appeals within thirty
days after
the entry of judgment by the trial court and by the
payment of
such reasonable costs as the court requires. Upon the
filing of
an appeal, the court shall schedule a hearing date and
notify the
parties of the date, time, and place of the hearing.
The hearing
shall be held by the court in accordance with the
rules of the
court. Service of a notice of appeal under this
division does not
stay enforcement and collection of the judgment
or default
judgment from which appeal is taken by the person
unless the
person who files the appeal posts bond with the trial
court, in
the amount of the judgment, plus court costs, at or
before service
of the notice of appeal.
Notwithstanding any other provision of law, the judgment on appeal of the court of appeals is final.
Sec. 504.11. (A) The vote on the question of passage of
a
resolution provided for in section 504.10 of the
Revised Code or a
motion related to that
resolution shall be taken by yeas and nays
and
entered on the journal, and the resolution or motion shall
not
be
passed without concurrence of a majority of all members of the
board of township trustees, except that each emergency resolution
under
that section
shall require the affirmative vote of all of
the members of the
board for its enactment. If an emergency
resolution fails to
receive the required vote for passage as an
emergency measure but
receives the necessary majority for passage
as a nonemergency
resolution, it shall be considered passed as a
nonemergency
resolution. Except as otherwise provided in division
(B) of this
section, a resolution shall become effective thirty
days after it
is filed with the township
clerk
fiscal officer.
Each emergency resolution
shall determine that the resolution is
necessary for the
immediate preservation of the public peace,
health, safety, or
welfare and shall contain a statement of the
necessity for the
emergency. Each resolution shall be
authenticated by the
signature of the township
clerk
fiscal
officer, but the failure or
refusal
of the
clerk
fiscal officer to
sign a resolution shall not invalidate an
otherwise properly
enacted resolution.
(B) Each resolution appropriating money, submitting a
question to the electorate, determining to proceed with an
election, or providing for the approval of a revision,
codification, recodification, or rearrangement of resolutions, or
publication of resolutions in book form, and any
emergency
resolution,
shall take effect, unless a later time is specified in
the
resolution, ten days after it is filed with the township
clerk
fiscal officer.
(C) Each resolution shall be recorded in a book, or other
record prescribed by the board, established and maintained for
that purpose. The township
clerk
fiscal officer or a duly
authorized deputy to
the
clerk
fiscal officer shall, upon the
request of any person and upon the
payment of a fee established by
the board, certify true copies of
any resolution, and these
certified copies shall be admissible as
evidence in any court.
(D) The procedures provided in this section apply only to resolutions adopted pursuant to a township's limited home rule powers as authorized by this chapter.
Sec. 504.12. No resolution and no section or numbered or lettered division of a section shall be revised or amended unless the new resolution contains the entire resolution, section, or division as revised or amended, and the resolution, section, or division so amended shall be repealed. This requirement does not prevent the amendment of a resolution by the addition of a new section, or division, and in this case the full text of the former resolution need not be set forth, nor does this section prevent repeals by implication. Except in the case of a codification or recodification of resolutions, a separate vote shall be taken on each resolution proposed to be amended. Resolutions that have been introduced and have received their first reading or their first and second readings, but have not been voted on for passage, may be amended or revised by a majority vote of the members of the board of township trustees, and the amended or revised resolution need not receive additional readings.
The board of township trustees of a limited home
rule
township may revise, codify, and publish in book form the
resolutions of the township in the same manner as provided in
section 731.23 of the Revised Code for municipal corporations.
Resolutions adopted by the board shall be published in the same
manner as provided by sections 731.21, 731.22, 731.24, 731.25,
and
731.26 of the Revised Code for municipal corporations, except
that
they shall be published in newspapers circulating within the
township. The clerk fiscal officer of the township shall perform the duties
that
the clerk of the legislative authority of a municipal
corporation
is required to perform under those sections.
The procedures provided in this section apply only to resolutions adopted pursuant to a township's limited home rule powers as authorized by this chapter.
Sec. 504.14. In a township that adopts a limited home rule government, resolutions may be proposed by initiative petition by the electors in the unincorporated area of the township and adopted by election by these electors, and resolutions adopted by the board of township trustees may be submitted to these electors for their approval or rejection by referendum, under the same circumstances and in the same manner as provided by sections 731.28 to 731.40 of the Revised Code for municipal corporations, except that both of the following apply:
(A) Initiative and referendum petitions shall be filed
with
the township
clerk
fiscal officer, who shall perform the duties
imposed
under those sections upon the city auditor or village
clerk.
(B) Initiative and referendum petitions shall contain the signatures of not less than ten per cent of the total number of electors in the unincorporated area of the township who voted for the office of governor at the most recent general election for that office in that area of the township.
Sec. 504.19. (A) The board of township trustees may prepare and adopt a general plan of water supply or sewer services. After the general plan has been approved by the board, the board immediately shall notify the board of county commissioners if territory served by a county water supply facility or a county sewer district includes territory to be covered by the plan, the legislative authority of a municipal corporation that operates a water supply or sewer system in any of the territory to be covered by the plan, and the board of trustees of any existing regional water and sewer district that includes any territory to be covered by the plan, of the township's intention to provide water supply or sewer services and shall describe the area where the township proposes to provide water supply or sewer services. The notified board of county commissioners, legislative authority of a municipal corporation, and board of trustees of the regional water and sewer district then have thirty days from the date of notification to comment and object in writing to the township's provision of water supply or sewer services. An objection may be based on one or more of the following:
(1) The county, municipal corporation, or special district already provides the proposed water supply or sewer services to the area to be served.
(2) The county, municipal corporation, or special district has in its service plan provisions to provide the proposed water supply or sewer services in the future to the proposed area within a reasonable period of time.
Within fifteen days after receiving objections, the board of township trustees may request in writing submitted to the objecting party that the issue of the township's provision of the proposed water supply or sewer services be mediated. The mediation shall be performed either by the Ohio commission on dispute resolution and conflict management or by having each party select a mediator and having those two mediators select a third mediator who, together with the other two mediators, shall conduct the mediation.
Within forty-five days after the request for mediation is submitted, any mediation shall be completed, and any agreements reached between the parties shall be filed in writing with the parties. Thereafter, the respective governing boards may adopt the agreements, making those agreements binding on the parties, or, if one or more of the agreed-upon points is rejected, that rejection shall be considered a final decision of a governing board for purposes of Chapter 2506. of the Revised Code, and the board of township trustees may file an appeal under that chapter regarding its provision of the proposed water supply or sewer services. In addition to any findings of the court provided in section 2506.04 of the Revised Code, the court may determine that the county, municipal corporation, or special district has not met the criteria specified in divisions (A)(1) and (2) of this section and, therefore, the township may provide its proposed water supply or sewer services or, in the alternative, may determine that the township could provide the proposed water supply or sewer services more expediently than the county, municipal corporation, or special district with no substantial increase in cost to the users of the water supply or sewer services and, therefore, order that the township may provide its proposed water supply or sewer services.
(B) Once the board has approved a general plan of water supply or sewer services under division (A) of this section, the board shall hire an engineer to prepare detailed plans, specifications, and estimates of the cost of the improvements, together with a tentative assessment of the cost based on the estimates. The tentative assessment shall be for the information of property owners and shall not be certified to the county auditor for collection. The detailed plans, specifications, estimates of cost, and tentative assessment, as prepared by the engineer and approved by the board, shall be preserved in the office of the board and shall be open to inspection of all persons interested in the improvements.
(C) Once it has been determined under division (A) of this section that a township may provide its proposed water supply or sewer services, the board may appropriate for the use of the township any public or private land, easement, rights, rights-of-way, franchises, or other property within or outside the township required by it for the accomplishment of its purposes. Except as provided in division (D) of this section, the appropriation shall be according to the procedure set forth in sections 163.01 to 163.22 of the Revised Code. The engineer hired by the board may enter upon any public or private property for the purpose of making surveys and examinations necessary for the design or examination of water supply or sewer facilities. No person shall forbid or interfere with the engineer or the engineer's authorized assistants entering upon property for these purposes. If actual damage is done to property by the making of a survey and examination, the board shall pay the reasonable value of the damage to the owner of the property damaged, and the cost shall be included in the assessment upon the property benefited by the improvement.
(D)(1) For purposes of this division, either of the following constitutes a public exigency:
(a) A finding by the director of environmental protection that a public health nuisance caused by an occasion of unavoidable urgency and suddenness due to unsanitary conditions compels the immediate construction of sewers for the protection of the public health and welfare;
(b) The issuance of an order by the board of health of a health district to mitigate or abate a public health nuisance that is caused by an occasion of unavoidable urgency and suddenness due to unsanitary conditions and compels the immediate construction of sewers for the protection of the public health and welfare.
(2) If a board of township trustees of a township that has adopted a limited home rule government is unable to purchase property for the purpose of the construction of sewers to mitigate or abate the public health nuisance that is the subject of a finding of the director or an order of the board of health, the board of township trustees may adopt a resolution finding that it is necessary for the protection of the public health and welfare to appropriate property that the board considers needed for that purpose. The resolution shall contain a definite, accurate, and detailed description of the property and the name and place of residence, if known or with reasonable diligence ascertainable, of the owners of the property to be appropriated.
The board of township trustees shall fix in its resolution what it considers to be the value of the property to be appropriated, which shall be the board's determination of the compensation for the property and shall be supported by an independent appraisal, together with any damages to the residue. The board shall deposit the compensation so determined, together with an amount for the damages to the residue, with the probate court or the court of common pleas of the county in which the property, or a part of it, is situated. Except as otherwise provided in this division, the power to appropriate property for the purposes of this division shall be exercised in the manner provided in sections 163.01 and 163.22 of the Revised Code for an appropriation in time of public exigency. The board's resolution and a written copy of the independent appraisal shall accompany the petition filed under section 163.05 of the Revised Code.
(E) As soon as all questions of compensation and damages
have been determined for any water supply facilities or sewer services
improvement project, the board shall cause to be made an estimated
assessment, upon the lots and lands to be assessed, of such part
of the compensation, damages, and costs of the improvement as is
to be specially assessed according to the method specified by
resolution of the board. The schedule of the assessments shall
be filed with the township clerk fiscal officer for the inspection of interested
persons. Before adopting the estimated assessment, the board
shall cause written notice to be sent to the owners of all lots
and lands to be assessed that the assessment has been made and is
on file with the township clerk fiscal officer, and the date when objections to
the assessment will be heard. Objections shall
be filed in
writing with the board before the date of the hearing. If any
objections are filed, the board shall hear them and act as an
equalizing board, and may change the assessments if, in its
opinion, any change is necessary to make the assessments just and
equitable. The board shall adopt a resolution approving and
confirming the assessments as reported to or modified by the
board.
(F) The resolution levying the assessments shall apportion the cost among the benefited lots and lands in the manner provided by the board by resolution. The board shall certify the amounts to be levied upon each lot or parcel of land to the county auditor, who shall enter the amounts on the tax duplicate, to be collected as other taxes. The principal shall be payable in not more than forty semiannual installments, as determined by the board. Any assessment in the amount of twenty-five dollars or less, or of which the unpaid balance is twenty-five dollars or less, shall be paid in full and not in installments, at the time the first or next installment otherwise would become due and payable. Assessments are a lien upon the respective lots or parcels of land assessed from the date of adoption of the resolution under division (E) of this section. If bonds are issued to pay the compensation, damages, and the costs of an improvement, the principal amount of the assessment shall be payable in such number of semiannual installments and in such amounts as the board determines to be necessary to provide a fund for the payment of the principal of and interest on the bonds and shall bear interest from the date of the issuance of the bonds and at the same rate as the bonds.
(G) Any owner of property to be assessed for any water supply facilities or sewer services improvement project, or other person aggrieved by the action of the board in regard to any water supply facilities or sewer services improvement project, may appeal to the court of common pleas, in the manner prescribed by Chapter 2506. of the Revised Code.
(H) When collected, the assessments shall be paid by the county auditor by warrant of the county treasurer into a special fund in the township treasury created for the purpose of constructing, improving, maintaining, and operating water supply facilities or sewer improvements. The board may expend moneys from the fund only for the purposes for which the assessments were levied.
Sec. 504.20. (A) For the purpose of supplying water and providing sewer services to users within the unincorporated area of the township under a plan adopted pursuant to section 504.19 of the Revised Code, the board of township trustees by resolution may acquire, construct, maintain, improve, repair, operate, and pay all or any part of the costs of water supply facilities or sewer improvements. If the best interests of the township and the users of the water supply facilities or sewer services so require, the board may sell or otherwise dispose of a water supply facility or sewer improvement.
(B) To cover the costs of acquiring, constructing, maintaining, improving, repairing, or operating a water supply facility or sewer improvement, the board may issue general obligation bonds of the township in accordance with Chapter 133. of the Revised Code, for which the full faith and credit of the township shall be pledged.
(C) For the purpose
of paying costs of constructing or
otherwise improving a water
supply facility or sewer improvement
and paying debt service
charges on voted or unvoted securities of
the township issued
for those purposes, and for paying costs of
operating, repairing, and
maintaining a water supply facility or
sewer improvement, the board
may charge, alter, and collect rents
and other charges for the
use of services of a water supply
facility or sewer improvement,
which rents and charges if not paid
when due may be certified by
the township
clerk
fiscal officer to
the county auditor, who shall place the
same on the tax duplicate
to be collected as other taxes. Those
rents and charges are a
lien on the property served from and
after the date of entry by
the county auditor on the tax
duplicate.
(D) The costs of constructing or otherwise improving a water supply facility or sewer improvement may include any of the following:
(1) The purchase price of real estate or any interest in real estate;
(2) The cost of preliminary and other surveys;
(3) The cost of preparing plans, specifications, profiles, and estimates;
(4) The cost of printing, serving, and publishing notices and any required legislation;
(5) The cost of all special proceedings;
(6) The cost of labor and material, whether furnished by contract or otherwise;
(7) Interest on bonds or notes issued in anticipation of the levy or collection of special assessments;
(8) The total amount of damages resulting from the project that are assessed in favor of any owners of lands affected by the project and any interest on those damages;
(9) The cost incurred in connection with the preparation, levy, and collection of the special assessments, including legal expenses incurred by reason of the project;
(10) All contract construction costs;
(11) Incidental costs connected with the project.
(E) The board may adopt, amend, rescind, publish, administer, and enforce rules for the construction, maintenance, operation, protection, and use of water supply facilities and sewer services, that are considered necessary and advisable. The rules shall not be inconsistent with the laws of the state or the rules of the environmental protection agency. The board may enforce the rules by mandamus, injunction, or other legal remedy.
Sec. 505.03. Whenever
he
the judge deems it necessary, and
on
application of at least
twelve freeholders of the township, the
judge of the county
or municipal court
or municipal
judge having
jurisdiction in the township who approves the bond may require
additional security or the execution of a new bond. If a trustee
fails, for
ten days, to give additional security or execute a new
bond after service of
such
the notice in writing, the office shall
be declared vacant and filled as
required by section 503.24 of the
Revised Code.
Such
The original bond or new
bond shall be
deposited with the township
clerk
fiscal officer and recorded by
him
the fiscal officer.
Sec. 505.04. The board of township trustees shall make an
inventory on the
second Monday of January, each year, of all the
materials, machinery, tools,
and other township supplies in its
possession.
Such
The inventory shall be a
public record and shall
be made in duplicate, one copy of which shall be filed
with the
clerk
fiscal officer of the board and one copy with the county
engineer.
Sec. 505.07. Notwithstanding any contrary provision in another section of the Revised Code, section 519.12 of the Revised Code, or any vote of the electors on a petition for zoning referendum, a township may settle any court action by a consent decree or court-approved settlement agreement which may include an agreement to rezone any property involved in the action as provided in the decree or court-approved settlement agreement without following the procedures in section 519.12 of the Revised Code and also may include township approval of a development plan for any property involved in the action as provided in the decree or court-approved settlement agreement, provided that the court makes specific findings of fact that notice has been properly made pursuant to this section and the consent decree or court-approved settlement agreement is fair and reasonable.
If the subject of the consent decree or court-approved settlement agreement involves a zoning issue subject to referendum under section 519.12 of the Revised Code, the board of township trustees shall publish notice of their intent to meet and consider and take action on the decree or court-approved settlement agreement and the date and time of the meeting in a newspaper of general circulation in the township at least fifteen days before the meeting. The board shall permit members of the public to express their objections to the consent decree or court-approved settlement agreement at the meeting. Copies of the proposed consent decree or court-approved settlement agreement shall be available to the public at the township clerk's fiscal officer's office during normal business hours.
At least ten days prior to the submission of a proposed consent decree or settlement agreement to the court for its review and consideration, the plaintiff in the action involving the consent decree or settlement agreement shall publish a notice that shall include the caption of the case, the case number, and the court in which the consent decree or settlement agreement will be filed, the intention of the parties in the action to file a consent decree or settlement agreement, and, when applicable, a description of the real property involved and the proposed change in zoning or permitted use, in a newspaper of general circulation in the township.
Sec. 505.108. Except as otherwise provided in this section
and
unless the property involved is required to be disposed of
pursuant to another section of the Revised Code, property
that is
unclaimed for ninety days or more shall be sold by the chief of
police or other head of the organized police department of the
township,
township
police district, joint township police
district, or office of a
township constable at public auction,
after notice of the sale has
been provided by publication once a
week for three successive weeks
in a newspaper of general
circulation in the county, or counties,
if appropriate, in the
case of a joint township police district.
The proceeds of the
sale shall be paid to the
clerk
fiscal officer of the
township and
credited to the township general fund, except that, in the case
of
a joint township police district, the proceeds of a sale shall
be
paid to the
clerk
fiscal officer of the most populous
participating township
and credited to the appropriate township
general fund or funds
according to agreement of the participating
townships.
If authorized to do so by a resolution adopted by the board of township trustees or, in the case of a joint township police district, each participating board of township trustees, and if the property involved is not required to be disposed of pursuant to another section of the Revised Code, the head of the department, district, or office may contribute property that is unclaimed for ninety days or more to one or more public agencies, to one or more nonprofit organizations no part of the net income of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation, or to one or more organizations satisfying section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.
Sec. 505.11. (A) Whenever the provisions of division (B)
of
this section do not apply, and when, in its opinion, the
township
would be benefited, the board of township trustees may
lease
township real property to any person upon terms agreed upon
by the
board and the lessee. Any consideration received from
such a
the
lease shall be payable, as prescribed in the lease, to the
township
clerk
fiscal officer, who shall give a receipt for the
amount received
and deposit it in the township general fund.
(B) When, in its opinion, the township would be benefited,
the board of township trustees may execute and deliver contracts
or leases to mine iron ore, stone, coal, petroleum, gas, salt,
and
other minerals upon lands owned by the township, to any
person
complying with the terms prescribed by the board as to
consideration, rights of way, and occupancy of ground for
necessary purposes. All other matters of contract shall be such
as the board considers most advantageous to the township.
Such
The
contracts or leases shall be forfeited to the township for
noncompliance with any of the terms set forth in the contracts or
leases, and shall not operate as a conveyance of the fee to any
part of the realty. No contract or lease for the drilling or
operation of a petroleum or gas well shall be valid for a longer
term than forty years from the date of the contract or lease, and
no contract or lease for the mining of iron ore, stone, coal,
salt, or other minerals shall be valid for a longer term than
fifteen years from that date. The consideration for the
contracts
and leases shall be
such rental or royalty as is
prescribed by the
board, and shall be payable, as prescribed in
the contract or
lease, at least once a year to the township
clerk
fiscal officer,
who shall give a receipt for
such
the amount and deposit it in
the
township general fund.
Sec. 505.17. (A) Except in a township or portion
thereof
of
a township that is within the limits of a municipal corporation,
the board
of township trustees may make
such regulations and
orders as are
necessary to control passenger car, motorcycle, and
internal
combustion engine noise, as permitted under section
4513.221 of
the Revised Code, and all vehicle parking in the
township. This
authorization includes, among other powers, the
power to regulate
parking on established roadways proximate to
buildings on private
property as necessary to provide access to
the property by public
safety vehicles and equipment, if the
property is used for
commercial purposes, the public is permitted
to use
such
the parking
area, and accommodation for more than ten
motor vehicles is
provided, and the power to authorize the
issuance of orders
limiting or prohibiting parking on any township
street or highway
during a snow emergency declared pursuant to a
snow-emergency
authorization adopted under this division. All
such regulations
and orders shall be subject to the limitations,
restrictions, and
exceptions in sections 4511.01 to 4511.76 and
4513.02 to 4513.37
of the Revised Code.
A board of township trustees may adopt a general snow-emergency authorization, which becomes effective under division (B)(1) of this section, allowing the president of the board or some other person specified in the authorization to issue an order declaring a snow emergency and limiting or prohibiting parking on any township street or highway during the snow emergency. Any such order becomes effective under division (B)(2) of this section. Each general snow-emergency authorization adopted under this division shall specify the weather conditions under which a snow emergency may be declared in that township.
(B)(1) All regulations and orders, including any
snow-emergency authorization established by the board under this
section, except for an order declaring a snow emergency as
provided in division (B)(2) of this section, shall be posted by
the township
clerk
fiscal officer in five conspicuous public
places in the
township for thirty days before becoming effective,
and shall be
published in a newspaper of general circulation in
the township
for three consecutive weeks. In addition to these
requirements,
no general snow-emergency authorization shall become
effective
until permanent signs giving notice that parking is
limited or
prohibited during a snow emergency are properly posted,
in
accordance with any applicable standards adopted by the
department of transportation, along streets or highways specified
in the authorization.
(2) Pursuant to the adoption of a snow-emergency authorization under this section, an order declaring a snow emergency becomes effective two hours after the president of the board or the other person specified in the general snow-emergency authorization makes an announcement of a snow emergency to the local news media. The president or other specified person shall request the local news media to announce that a snow emergency has been declared, the time the declaration will go into effect, and whether the snow emergency will remain in effect for a specified period of time or indefinitely until canceled by a subsequent announcement to the local news media by the president or other specified person.
(C) Such regulations and orders may be enforced where traffic control devices conforming to section 4511.09 of the Revised Code are prominently displayed. Parking regulations authorized by this section do not apply to any state highway unless the parking regulations are approved by the director of transportation.
(D) A board of township trustees or its designated agent may order into storage any vehicle parked in violation of a township parking regulation or order, if the violation is not one that is required to be handled pursuant to Chapter 4521. of the Revised Code. The owner or any lienholder of a vehicle ordered into storage may claim the vehicle upon presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle, and payment of all expenses, charges, and fines incurred as a result of the parking violation and removal and storage of the vehicle.
(E) Whoever violates any regulation or order adopted pursuant to this section is guilty of a minor misdemeanor, unless the township has enacted a regulation pursuant to division (A) of section 4521.02 of the Revised Code, that specifies that the violation shall not be considered a criminal offense and shall be handled pursuant to Chapter 4521. of the Revised Code. Fines levied and collected under this section shall be paid into the township general revenue fund.
Sec. 505.24. Each township trustee is entitled to compensation as follows:
(A) Except as otherwise provided in division (B) of this section, an amount for each day of service in the business of the township, to be paid from the township treasury as follows:
(1) In townships having a budget of fifty thousand dollars or less, twenty dollars per day for not more than two hundred days;
(2) In townships having a budget of more than fifty thousand but not more than one hundred thousand dollars, twenty-four dollars per day for not more than two hundred days;
(3) In townships having a budget of more than one hundred thousand but not more than two hundred fifty thousand dollars, twenty-eight dollars and fifty cents per day for not more than two hundred days;
(4) In townships having a budget of more than two hundred fifty thousand but not more than five hundred thousand dollars, thirty-three dollars per day for not more than two hundred days;
(5) In townships having a budget of more than five hundred thousand but not more than seven hundred fifty thousand dollars, thirty-five dollars per day for not more than two hundred days;
(6) In townships having a budget of more than seven hundred fifty thousand but not more than one million five hundred thousand dollars, forty dollars per day for not more than two hundred days;
(7) In townships having a budget of more than one million five hundred thousand but not more than three million five hundred thousand dollars, forty-four dollars per day for not more than two hundred days;
(8) In townships having a budget of more than three million five hundred thousand dollars but not more than six million dollars, forty-eight dollars per day for not more than two hundred days;
(9) In townships having a budget of more than six million dollars, fifty-two dollars per day for not more than two hundred days.
(B) Beginning in calendar year 1999, the amounts paid as specified in division (A) of this section shall be replaced by the following amounts:
(1) In calendar year 1999, the amounts specified in division (A) of this section increased by three per cent;
(2) In calendar year 2000, the amounts determined under division (B)(1) of this section increased by three per cent;
(3) In calendar year 2001, the amounts determined under division (B)(2) of this section increased by three per cent;
(4) In calendar year 2002, except in townships having a budget of more than six million dollars, the amounts determined under division (B)(3) of this section increased by three per cent; in townships having a budget of more than six million but not more than ten million dollars, seventy dollars per day for not more than two hundred days; and in townships having a budget of more than ten million dollars, ninety dollars per day for not more than two hundred days;
(5) In calendar years 2003 through 2008, the amounts determined under division (B) of this section for the immediately preceding calendar year increased by the lesser of the following:
(a) Three per cent;
(b) The percentage increase, if any, in the consumer price index over the twelve-month period that ends on the thirtieth day of September of the immediately preceding calendar year, rounded to the nearest one-tenth of one per cent;
(6) In calendar year 2009 and thereafter, the amount determined under division (B) of this section for calendar year 2008.
As used in division (B) of this section, "consumer price index" has the same meaning as in section 325.18 of the Revised Code.
(C) Whenever members of a board of township trustees are
compensated per diem and not by annual salary, the board shall
establish, by resolution, a method by which each member of the
board shall periodically notify the township
clerk
fiscal officer
of the number
of days spent in the service of the township and the
kinds of
services rendered on those days. The per diem
compensation shall
be paid from the township general fund or from
other
township
funds in such proportions as the kinds of services
performed may
require. The notice shall be filed with the
township
clerk
fiscal officer and
preserved for inspection by any
persons
interested.
By unanimous vote, a board of township trustees may adopt a method of compensation consisting of an annual salary to be paid in equal monthly payments. If the office of trustee is held by more than one person during any calendar year, each person holding the office shall receive payments for only those months, and any fractions of those months, during which the person holds the office. The amount of the annual salary approved by the board shall be no more than the maximum amount that could be received annually by a trustee if the trustee were paid on a per diem basis as specified in this division, and shall be paid from the township general fund or from other township funds in such proportions as the board may specify by resolution. A board of township trustees that has adopted a salary method of compensation may return to a method of compensation on a per diem basis as specified in this division by a majority vote. Any change in the method of compensation shall be effective on the first day of January of the year following the year during which the board has voted to change the method of compensation.
Sec. 505.262. (A) Notwithstanding division (D) of section
505.37 of the Revised Code or any other statute of this state,
the
board of township trustees of any township, by unanimous
vote, may
adopt a resolution allowing the township to contract for
the
purchase of equipment, buildings, and sites, or for the
construction of buildings, for any lawful township purpose. The
board may issue, by resolution adopted by unanimous vote,
securities of the township to finance purchases and
construction
made
pursuant to this division. The securities shall be signed
by
the
board and attested by the signature of the township
clerk
fiscal officer, and
the maximum
maturity of those securities is
subject to the limitations in section 133.20
of the Revised Code.
The
securities shall bear interest not to exceed the rate
determined as
provided in section 9.95 of the Revised Code and
shall not be
subject to Chapter 133. of the Revised Code. The
resolution
authorizing the issuance of the securities shall
provide
for levying
and collecting annually by taxation, amounts
sufficient to pay
the interest on and principal of the securities.
The
securities may contain a clause
permitting prepayment at the
option of the board.
Securities shall be
offered for sale on the
open market or given to the vendor or
contractor if no sale is
made.
(B) No purchase or construction pursuant to division (A)
of
this section shall be undertaken unless the county auditor
certifies that, if the purchase or construction is undertaken,
the
debt service charge for the purchase or construction in the
first
year, together with the debt service charge for that same
year for
any other purchase or construction already undertaken
pursuant to
division (A) of this section, does not exceed
one-tenth of the
township's total revenue from all sources. If
the county auditor
so certifies, in every year of the debt after
the first year, the
county budget commission shall include a debt
charge in the
township's annual tax budget submitted pursuant to
sections
5705.01 to 5705.47 of the Revised Code sufficient to
meet the
annual debt incurred pursuant to division (A) of this
section, if
such
the debt charge is omitted from the budget.
Sec. 505.31. (A) Except as otherwise provided in division
(B) of this section, the township
clerk
fiscal officer shall
collect the service
charges for waste disposal service and
administer them under
rules established by the board of township
trustees. All of those service
charges shall be kept in a
separate fund
designated as the waste
collection fund and shall be
appropriated and administered by
the board. The fund shall be
used for payment of the
costs of
the management, maintenance, and
operation of the garbage and
refuse collection and disposal system
in the township or several
waste disposal districts. The board
also may use the fund for
payment of the costs incurred by the
township in relation to the collection
and disposal of tree
leaves.
Service charges for waste disposal service collected from one district cannot be used for any other district. If a district is abandoned or discontinued, any balance remaining in the fund for that district shall be paid into the general fund of the township.
(B) When a board of township trustees contracts with an independent contractor for the collection, transfer, and disposal of solid wastes under section 505.27 of the Revised Code, the contract may provide for the independent contractor to collect and keep the service charges for the waste disposal services the contractor provides.
Sec. 505.32. For the services arising in each fiscal year
under sections
505.27 to 505.33, inclusive, of the Revised Code,
the township
clerk
fiscal officer shall be
allowed
such
the
compensation
as is fixed by the board of township trustees.
Such
The compensation shall be paid semiannually, and shall be charged
back, and
prorated against each waste disposal district as part of
its operating costs.
Any increase required by the board in the
bond of the
clerk
fiscal officer, and the costs of
any necessary
supplies, shall be prorated and charged back to each district.
Sec. 505.33. Annually, before the first day of October, the
township
clerk
fiscal officer shall certify to the county auditor
the names of the property owners and a
description of their lands
which
that are delinquent as to waste disposal service
charges,
whereupon such. The auditor
then shall place the charges on the
tax duplicate
for the ensuing December installment of taxes, for
collection.
Sec. 505.35. All funds arising from the sale of bonds for
the construction or
repair of viaducts, or for the purchase or
condemnation of land for
such
that purpose, shall be paid into the
township treasury, and shall be paid out and
expended upon the
vouchers of the board of township trustees, or of the
officers in
the township having charge of the repair of public roads or
streets.
Contracts for
such
the improvements shall be made in the same
manner as other
contracts. Vouchers to pay
such
for the
contracts, or for any portion of the cost of
the improvements,
shall be drawn by
such
the board or officers upon the township
clerk
fiscal officer, who shall keep an accurate account of moneys
so expended, and the. The
funds created by the sale of bonds for
viaduct purposes shall be known as the
"viaduct fund."
Sec. 505.37. (A) The board of township trustees may establish all necessary rules to guard against the occurrence of fires and to protect the property and lives of the citizens against damage and accidents, and may, with the approval of the specifications by the prosecuting attorney or, if the township has adopted limited home rule government under Chapter 504. of the Revised Code, with the approval of the specifications by the township's law director, purchase, lease, lease with an option to purchase, or otherwise provide any fire apparatus, mechanical resuscitators, or other equipment, appliances, materials, fire hydrants, and water supply for fire-fighting purposes that seems advisable to the board. The board shall provide for the care and maintenance of fire equipment, and, for these purposes, may purchase, lease, lease with an option to purchase, or construct and maintain necessary buildings, and it may establish and maintain lines of fire-alarm communications within the limits of the township. The board may employ one or more persons to maintain and operate fire-fighting equipment, or it may enter into an agreement with a volunteer fire company for the use and operation of fire-fighting equipment. The board may compensate the members of a volunteer fire company on any basis and in any amount that it considers equitable.
(B) The boards of township trustees of any two or more
townships, or the legislative authorities of any two or more
political subdivisions, or any combination thereof of these, may, through
joint action, unite in the joint purchase, lease, lease with an option to purchase, maintenance, use, and
operation of fire-fighting equipment, or for any other purpose
designated in sections 505.37 to 505.42 of the Revised Code, and
may prorate the expense of the joint action on any terms that are
mutually agreed upon.
(C) The board of township trustees of any township may, by resolution, whenever it is expedient and necessary to guard against the occurrence of fires or to protect the property and lives of the citizens against damages resulting from their occurrence, create a fire district of any portions of the township that it considers necessary. The board may purchase, lease, lease with an option to purchase, or otherwise provide any fire apparatus, appliances, materials, fire hydrants, and water supply for fire-fighting purposes, or may contract for the fire protection for the fire district as provided in section 9.60 of the Revised Code. The fire district so created shall be given a separate name by which it shall be known.
Additional unincorporated territory of the township may be added to a fire district upon the board's adoption of a resolution authorizing the addition. A municipal corporation that is within or adjoining the township may be added to a fire district upon the board's adoption of a resolution authorizing the addition and the municipal legislative authority's adoption of a resolution or ordinance requesting the addition of the municipal corporation to the fire district.
If the township fire district imposes a tax, additional unincorporated territory of the township or a municipal corporation that is within or adjoining the township shall become part of the fire district only after all of the following have occurred:
(1) Adoption by the board of township trustees of a resolution approving the expansion of the territorial limits of the district and, if the resolution proposes to add a municipal corporation, adoption by the municipal legislative authority of a resolution or ordinance requesting the addition of the municipal corporation to the district;
(2) Adoption by the board of township trustees of a resolution recommending the extension of the tax to the additional territory;
(3) Approval of the tax by the electors of the territory proposed for addition to the district.
Each resolution of the board adopted under division (C)(2) of this section shall state the name of the fire district, a description of the territory to be added, and the rate and termination date of the tax, which shall be the rate and termination date of the tax currently in effect in the fire district.
The board of trustees shall certify each resolution adopted under division (C)(2) of this section to the board of elections in accordance with section 5705.19 of the Revised Code. The election required under division (C)(3) of this section shall be held, canvassed, and certified in the manner provided for the submission of tax levies under section 5705.25 of the Revised Code, except that the question appearing on the ballot shall read:
"Shall the territory within ........................ (description of the proposed territory to be added) be added to ........................ (name) fire district, and a property tax at a rate of taxation not exceeding ...... (here insert tax rate) be in effect for .......... (here insert the number of years the tax is to be in effect or "a continuing period of time," as applicable)?"
If the question is approved by at least a majority of the electors voting on it, the joinder shall be effective as of the first day of July of the year following approval, and on that date, the township fire district tax shall be extended to the taxable property within the territory that has been added. If the territory that has been added is a municipal corporation and if it had adopted a tax levy for fire purposes, the levy is terminated on the effective date of the joinder.
Any municipal corporation may withdraw from a township fire district created under division (C) of this section by the adoption by the municipal legislative authority of a resolution or ordinance ordering withdrawal. On the first day of July of the year following the adoption of the resolution or ordinance of withdrawal, the municipal corporation withdrawing ceases to be a part of the district, and the power of the fire district to levy a tax upon taxable property in the withdrawing municipal corporation terminates, except that the fire district shall continue to levy and collect taxes for the payment of indebtedness within the territory of the fire district as it was composed at the time the indebtedness was incurred.
Upon the withdrawal of any municipal corporation from a township fire district created under division (C) of this section, the county auditor shall ascertain, apportion, and order a division of the funds on hand, moneys and taxes in the process of collection except for taxes levied for the payment of indebtedness, credits, and real and personal property, either in money or in kind, on the basis of the valuation of the respective tax duplicates of the withdrawing municipal corporation and the remaining territory of the fire district.
A board of township trustees may remove unincorporated territory of the township from the fire district upon the adoption of a resolution authorizing the removal. On the first day of July of the year following the adoption of the resolution, the unincorporated township territory described in the resolution ceases to be a part of the district, and the power of the fire district to levy a tax upon taxable property in that territory terminates, except that the fire district shall continue to levy and collect taxes for the payment of indebtedness within the territory of the fire district as it was composed at the time the indebtedness was incurred.
(D) The board of township trustees of any township, the board of fire district trustees of a fire district created under section 505.371 of the Revised Code, or the legislative authority of any municipal corporation may purchase, lease, or lease with an option to purchase the necessary fire-fighting equipment, buildings, and sites for the township, fire district, or municipal corporation and issue securities for that purpose with maximum maturities as provided in section 133.20 of the Revised Code. The board of township trustees, board of fire district trustees, or legislative authority may also construct any buildings necessary to house fire-fighting equipment and issue securities for that purpose with maximum maturities as provided in section 133.20 of the Revised Code.
The board of township trustees, board of fire district trustees, or legislative authority may issue the securities of the township, fire district, or municipal corporation, signed by the board or designated officer of the municipal corporation and attested by the signature of the township fiscal officer, fire district clerk, or municipal clerk, covering any deferred payments and payable at the times provided, which securities shall bear interest not to exceed the rate determined as provided in section 9.95 of the Revised Code, and shall not be subject to Chapter 133. of the Revised Code. The legislation authorizing the issuance of the securities shall provide for levying and collecting annually by taxation, amounts sufficient to pay the interest on and principal of the securities. The securities shall be offered for sale on the open market or given to the vendor or contractor if no sale is made.
Section 505.40 of the Revised Code does not apply to any securities issued, or any lease with an option to purchase entered into, in accordance with this division.
(E) A board of township trustees of any township or a board of fire district trustees of a fire district created under section 505.371 of the Revised Code may purchase a policy or policies of liability insurance for the officers, employees, and appointees of the fire department, fire district, or joint fire district governed by the board that includes personal injury liability coverage as to the civil liability of those officers, employees, and appointees for false arrest, detention, or imprisonment, malicious prosecution, libel, slander, defamation or other violation of the right of privacy, wrongful entry or eviction, or other invasion of the right of private occupancy, arising out of the performance of their duties.
When a board of township trustees cannot, by deed of gift or by purchase and upon terms it considers reasonable, procure land for a township fire station that is needed in order to respond in reasonable time to a fire or medical emergency, the board may appropriate land for that purpose under sections 163.01 to 163.22 of the Revised Code. If it is necessary to acquire additional adjacent land for enlarging or improving the fire station, the board may purchase, appropriate, or accept a deed of gift for the land for these purposes.
(F) As used in this division, "emergency medical service organization" has the same meaning as in section 4766.01 of the Revised Code.
A board of township trustees, by adoption of an appropriate resolution, may choose to have the Ohio medical transportation board license any emergency medical service organization it operates. If the board adopts such a resolution, Chapter 4766. of the Revised Code, except for sections 4766.06 and 4766.99 of the Revised Code, applies to the organization. All rules adopted under the applicable sections of that chapter also apply to the organization. A board of township trustees, by adoption of an appropriate resolution, may remove its emergency medical service organization from the jurisdiction of the Ohio medical transportation board.
Sec. 505.373. The
township board of
township trustees may,
by resolution, adopt by
incorporation by reference a standard code
pertaining to fire, fire
hazards, and fire prevention prepared and
promulgated by the
state or any department,
board, or other agency
of the state, or any such code
prepared and promulgated by a
public or private organization that publishes a model or standard
code.
After the adoption of
such a
the code by the board, a notice
clearly identifying
the code, stating the purpose of the code, and
stating that a complete copy of
the code is on file with the
township
clerk
fiscal officer for inspection by the public and
also on file in the law library of the county in which the
township is located
and that the
clerk
fiscal officer has copies
available for distribution to the public at
cost,
shall be posted
by the
township clerk
fiscal officer in five conspicuous places in
the
township for thirty days before becoming effective. The
notice required by
this section shall also be published in a
newspaper of general circulation in
the township once a week for
three consecutive weeks. If the adopting
township amends or
deletes any provision of the code, the notice shall contain a
brief summary of
the deletion or amendment.
If the agency that originally promulgated or published the code thereafter amends the code, any township that has adopted the code pursuant to this section may adopt the amendment or change by incorporation by reference in the same manner as provided for adoption of the original code.
Sec. 505.47. The board of township trustees may pay the
cost
of the construction, rebuilding, or repair of footbridges
authorized by section 505.46 of the Revised Code out of any
funds,
unappropriated for any other purpose, in the township
treasury.
Should
If there be no funds in the township treasury
available for
such
these purposes,
then such
the board may levy a tax for
the
purpose of procuring the necessary funds for the
construction,
rebuilding, or repair of
such
the footbridges, which. The
tax
shall be levied upon all of the taxable property in the
township,
and shall be certified, levied, and collected in the
manner
prescribed for other township taxes. The money so raised
shall be
paid over to the township
clerk
fiscal officer, and
by him paid
the fiscal officer shall pay it
out on
the order of the board,
certified by
such clerk
the fiscal officer.
Such
The tax shall not be levied until it has been approved by a majority of the qualified voters of the township, voting at any election at which the question shall be submitted. The
Said election shall be called at a regular meeting of the
board and shall be held within thirty days from the date of the
resolution of the board calling
the same
for it. Twenty days'
notice of
said
the election shall be given by the posting of
notices, by the
clerk,
fiscal officer in ten public places of the
township. Provisions for
holding the election shall be made by
the board of elections,
upon receiving notice from the
clerk
fiscal officer of the date and purpose of
said
the election.
Sec. 505.511. (A) A board of township trustees that
operates a township police department or the board of township trustees of
a
township
police district may, after police constables, the
township police, a law enforcement
agency with which the township contracts for police services, and
the county sheriff or the sheriff's deputy have answered a
combined total
of three false alarms from the same
commercial or residential security alarm system within the
township in the same calendar year, cause the township clerk fiscal officer to
mail the manager of the commercial establishment or the occupant,
lessee, agent, or tenant of the residence a bill for each subsequent false alarm from the same alarm
system during that year, to defray the costs incurred. The bill's amount shall be as follows:
(1) For the fourth false alarm of that year .....$50.00;
(2) For the fifth false alarm of that year .....$100.00;
(3) For all false alarms in that year occurring after the fifth false alarm ...................................$150.00.
If
payment of the bill is not received within thirty days, the township clerk fiscal officer
shall send a notice by certified mail to the manager and to the
owner, if different, of the real estate of which the commercial
establishment is a part, or to the occupant, lessee, agent, or
tenant and to the owner, if different, of the real estate of
which the residence is a part, indicating that failure to pay the
bill within thirty days, or to show just cause why the bill
should not be paid, will result in the assessment of a
lien upon the real estate in the amount of the bill. If payment is not
received within those thirty days or if just cause is not shown, the
amount of the bill shall be entered upon the tax
duplicate, shall be a lien upon the real estate from the date of
the entry, and shall be collected as other taxes and returned to
the township treasury to be earmarked for use for police services.
The board of township trustees shall not
cause the township clerk fiscal officer to send a bill
pursuant to this division if a bill has already been sent
pursuant to division (B) of this section for the same false
alarm.
(B) The county sheriff may, after the county sheriff or the sheriff's deputy, police constables, the township police, and a law enforcement agency with which the township contracts for police services have answered a combined total of three false alarms from the same commercial or residential security alarm system within the unincorporated area of the county in the same calendar year, mail the manager of the commercial establishment or the occupant, lessee, agent, or tenant of the residence a bill for each subsequent false alarm from the same alarm system during that year, to defray the costs incurred. The bill's amount shall be as follows:
(1) For the fourth false alarm of that year .....$50.00;
(2) For the fifth false alarm of that year .....$100.00;
(3) For all false alarms in that year occurring after the fifth false alarm ...................................$150.00.
If payment of the bill is not received within thirty days, the sheriff shall send a notice by certified mail to the manager and to the owner, if different, of the real estate of which the commercial establishment is a part, or to the occupant, lessee, agent, or tenant and to the owner, if different, of the real estate of which the residence is a part, indicating that failure to pay the bill within thirty days, or to show just cause why the bill should not be paid, will result in the assessment of a lien upon the real estate in the amount of the bill. If payment is not received within those thirty days or if just cause is not shown, the amount of the bill shall be entered upon the tax duplicate, shall be a lien upon the real estate from the date of the entry, and shall be collected as other taxes and returned to the county treasury.
The sheriff shall not send a bill pursuant to this division if a bill has already been sent pursuant to division (A) of this section for the same false alarm.
(C) As used in this section, "commercial establishment" has the same meaning as in section 505.391 of the Revised Code.
Sec. 505.73. (A) The board of township trustees may, by resolution, adopt by incorporation by reference, administer, and enforce within the unincorporated area of the township an existing structures code pertaining to the repair and continued maintenance of structures and the premises of those structures. For that purpose, the board shall adopt any model or standard code prepared and promulgated by this state, any department, board, or agency of this state, or any public or private organization that publishes a recognized model or standard code on the subject. The board shall ensure that the code adopted governs subject matter not addressed by the state residential building code and that it is fully compatible with the state residential and nonresidential building codes the board of building standards adopts pursuant to section 3781.10 of the Revised Code.
(B) The board shall assign the duties of administering and enforcing the existing structures code to a township officer or employee who is trained and qualified for those duties and shall establish by resolution the minimum qualifications necessary to perform those duties.
(C)(1) After the board adopts an existing structures code, the township clerk fiscal officer shall
post a notice that clearly identifies the code, states the code's
purpose, and states that a complete copy of the code is on
file for inspection by the public with the township clerk fiscal officer and in
the county law library
and that the clerk fiscal officer has copies available for distribution to
the public at cost.
(2) The township clerk fiscal officer shall post the notice in
five conspicuous places in the township for thirty days before
the code becomes effective and shall publish the
notice in a newspaper of general circulation in the township for
three consecutive weeks. If the adopting township amends or
deletes any provision of the code, the notice shall contain a
brief summary of the deletion or amendment.
(D) If the agency that originally promulgated or published the existing structures code amends the code, the board may adopt the amendment or change by incorporation by reference in the manner provided for the adoption of the original code.
Sec. 505.86. (A) As used in this section, "total cost" means any costs incurred due to the use of employees, materials, or equipment of the township, any costs arising out of contracts for labor, materials, or equipment, and costs of service of notice or publication required under this section.
(B) A board of township trustees may provide for the removal, repair, or securance of buildings or other structures in the township that have been declared insecure, unsafe, or structurally defective by any fire department under contract with the township or by the county building department or other authority responsible under Chapter 3781. of the Revised Code for the enforcement of building regulations or the performance of building inspections in the township, or buildings or other structures that have been declared unfit for human habitation by the board of health of the general health district of which the township is a part.
At least thirty days prior to the removal, repair, or
securance of any insecure, unsafe, or structurally defective
building, the board
of township trustees shall give notice by
certified mail of its intention with respect to
such
the removal,
repair, or securance to the holders of legal or equitable liens
of
record upon the real property on which
such
the building is
located
and to owners of record of
such
the property. If the
owner's
address
is unknown and cannot reasonably be obtained, it
is
sufficient to
publish the notice once in a newspaper of general
circulation in
the township. The owners of record of
such
the
property or the
holders of liens of record upon
such
the property
may
enter into an
agreement with the board to perform the removal,
repair, or
securance of the insecure, unsafe, or structurally
defective
building. If an emergency exists, as determined by the
board,
notice may be given other than by certified mail and less
than
thirty days prior to
such
the removal, repair, or securance.
(C) A board may collect the total cost of removing, repairing, or securing buildings or other structures that have been declared insecure, unsafe, structurally defective, or unfit for human habitation, or of making emergency corrections of hazardous conditions, by either of the following methods:
(1) The board may have the
clerk
fiscal officer of the
township certify
the
total costs, together with a proper
description of the lands
to
the county auditor who shall place the
costs upon the tax
duplicate. The costs are a lien upon
such
the
lands from and after
the date of entry. The costs shall be
collected as other taxes
and returned to the township general
fund.
(2) The board may commence a civil action to recover the total costs from the owner.
(D) Any board may, whenever a policy or policies of insurance are in force providing coverage against the peril of fire on a building or structure and the loss agreed to between the named insured or insureds and the company or companies is more than five thousand dollars and equals or exceeds sixty per cent of the aggregate limits of liability on all fire policies covering the building or structure on the property, accept security payments and follow the procedures of divisions (C) and (D) of section 3929.86 of the Revised Code.
Sec. 507.01. A township
clerk
fiscal officer shall be
elected at the general election in
1951
2007, and quadrennially
thereafter in each township, and
he
the
fiscal officer shall hold
his
office for a term of four years commencing on the first day of
April next
after
his election.
Sec. 507.02. When a township
clerk
fiscal officer is unable
to carry out the duties of
his
office because of illness, because
he has entered
of entering
the military service of the
United
States, or because
he
the fiscal officer is otherwise
incapacitated or disqualified, the
board of township trustees
shall appoint a deputy
clerk
fiscal officer, who shall have full
power to discharge the duties of
such
the office.
Such
The deputy
clerk
fiscal officer shall serve
during the period of time the
clerk
fiscal officer is absent or incapacitated, or until a
successor
clerk
fiscal officer is elected and qualified. Before
entering on the discharge of
his
official duties, the deputy
clerk
fiscal officer shall give bond, for the
faithful discharge of
his
official
duties, as required under section 507.03 of the Revised
Code. The board
shall, by resolution, adjust and determine the
compensation of the
clerk
fiscal officer and
deputy
clerk
fiscal
officer. The total compensation of both the
clerk
fiscal officer
and any deputy
clerk
fiscal officer
shall not exceed the sums
fixed by section 507.09 of the
Revised Code in any one year.
Sec. 507.021. (A) The township clerk fiscal officer may hire and appoint one or more persons as the clerk fiscal officer finds necessary to provide assistance to the township clerk fiscal officer or deputy clerk fiscal officer. The township clerk fiscal officer may set the compensation of those persons subject to the prior approval of the board of township trustees. Those persons shall serve at the pleasure of the township clerk fiscal officer or, in the absence of the clerk township fiscal officer, the deputy clerk fiscal officer. The township clerk fiscal officer may delegate to an assistant any of the duties the clerk fiscal officer is otherwise required to perform. The appointment of assistants under this section does not relieve the township clerk fiscal officer of responsibility to discharge the duties of the office but shall serve to provide assistance to the clerk fiscal officer in performing those duties.
(B) The compensation of an assistant appointed under this section shall be included in the estimate of contemplated expenditures for the township clerk's fiscal officer's office that is submitted to the board of township trustees for approval as provided in section 5705.28 of the Revised Code.
(C) Before serving, an assistant to the township clerk fiscal officer shall give bond for the faithful discharge of the duties of the office as may be delegated by the clerk fiscal officer. The bond shall be payable to the board of township trustees and shall be for the same sum as required under section 507.03 of the Revised Code for the township clerk fiscal officer, with sureties approved by the board, and conditioned for the faithful performance of duties delegated by the clerk fiscal officer. The bond shall be recorded by the township clerk fiscal officer, filed with the county treasurer, and carefully preserved.
Sec. 507.03. The township clerk fiscal officer, before entering upon the discharge of
official
duties, shall give a bond, payable to the board of township trustees, with
sureties approved by the board, in the sum determined by the board but not less than the sum provided in this section, and conditioned
for the faithful performance of the duties of the office of township clerk fiscal officer.
This bond shall be
recorded by the clerk township fiscal officer, filed with the county treasurer, and carefully
preserved.
The minimum sum of the township clerk's fiscal officer's bond shall be as follows:
(A) In a township with a budget of fifty thousand dollars or less, ten thousand dollars;
(B) In a township with a budget of more than fifty thousand dollars but not more than one hundred thousand dollars, thirty-five thousand dollars;
(C) In a township with a budget of more than one hundred thousand dollars but not more than two hundred fifty thousand dollars, sixty thousand dollars;
(D) In a township with a budget of more than two hundred fifty thousand dollars but not more than five hundred thousand dollars, eighty-five thousand dollars;
(E) In a township with a budget of more than five hundred thousand dollars but not more than seven hundred fifty thousand dollars, one hundred ten thousand dollars;
(F) In a township with a budget of more than seven hundred fifty thousand dollars but not more than one million five hundred thousand dollars, one hundred thirty-five thousand dollars;
(G) In a township with a budget of more than one million five hundred thousand dollars but not more than three million five hundred thousand dollars, one hundred sixty thousand dollars;
(H) In a township with a budget of more than three million five hundred thousand dollars but not more than six million dollars, one hundred ninety-five thousand dollars;
(I) In a township with a budget of more than six million dollars but not more than ten million dollars, two hundred twenty thousand dollars;
(J) In a township with a budget of more than ten million dollars, two hundred fifty thousand dollars.
Sec. 507.04. (A) The township clerk fiscal officer shall keep an accurate record of the
proceedings of the board of township trustees at all of its meetings, and of all
its accounts and transactions, including the acceptance of the bonds of
township officers. The clerk township fiscal officer shall personally attend at least one meeting of the board during each quarter of every year, unless prevented by the occurrence of an emergency from attending.
(B) In any township where the clerk township fiscal officer does not keep the township's records in a public facility, the board of township trustees, once each quarter of each year, may request the clerk fiscal officer to provide the board with copies of township records for its review. If the board makes such a request, it shall tell the clerk township fiscal officer which records it wants copies of by indicating the dates or types of the records it is requesting. A request made under this section does not diminish any trustee's right to inspect township records under division (B) of section 149.43 of the Revised Code.
Sec. 507.05. The township
clerk
fiscal officer shall, in
addition to the books for the
record of the proceedings of the
board of township trustees, be provided by
the township with a
book for the record of township roads, a book for the
record of
marks and brands, and a book for the record of official oaths and
bonds of township officers.
Sec. 507.051. The
clerk
fiscal officer of a township shall
notify the board of elections of
all vacancies caused by death,
resignation, or otherwise in the elective
offices of the township.
Such
The notification shall be made in writing and filed,
not
later than ten days after
the
a vacancy occurs, with the board of
elections
of the county in which the township is located.
The
clerk
fiscal officer of a township shall notify the board
of elections of all changes in
boundaries of that township.
Such
The notification shall be made in writing
and,
contain a plat
clearly showing all boundary changes, and
shall be filed, not
later than ten days after the change of boundaries becomes
effective, with the
board of
election
elections of the county in
which the township is located.
Sec. 507.06. The township
clerk
fiscal officer may
administer oaths, and take and certify
affidavits
which, that
pertain to the business of
his
the township or
of the board of
education of
his
the fiscal officer's local school district, or
are
connected with the official
business of either the township or
the local school district, including the
official oaths of
township and school officers, and oaths required in the
execution,
verification, and renewal of
chattel mortgages
security interests.
Sec. 507.07. Immediately after the township officers have
made their annual
settlement of accounts, the township
clerk
fiscal officer shall make and enter in the record
of the
proceedings of the board of township trustees, a detailed
statement of
the receipts and expenditures of the township for the
preceding year, the
amount of money received and expended for such
purposes in each
such district
in the township, and the receipts
and expenditures of the board of education
of the local school
district.
Such clerk
The fiscal officer shall state from what
source the
moneys were received, to whom
they were paid, for what
they were expended, and, in detail, all
liabilities. On the
morning of the first Tuesday after the first Monday in
November,
each year, the
clerk
fiscal officer shall post a copy of
such
the
statement at each
place of holding township elections.
Sec. 507.08. Official bonds of constables, as soon as
approved by the board
of
township trustees, and before being
filed, shall be recorded by the township
clerk
fiscal officer in
the book kept for that purpose.
A copy of such
a recorded bond, certified by the
clerk
fiscal
officer, shall be admitted in any
court in this state, as
evidence, the same as the original bond.
For recording such
a bond, the
clerk
fiscal officer shall
receive the sum of fifty cents from
the party giving the bond, and
for each copy
he
of such a bond, the fiscal officer shall receive
the same fee
from the party demanding
such
the copy.
Sec. 507.09. (A) Except as otherwise provided in division
(D) of this section, the township clerk fiscal officer shall be entitled to
compensation as follows:
(1) In townships having a budget of fifty thousand dollars or less, three thousand five hundred dollars;
(2) In townships having a budget of more than fifty thousand but not more than one hundred thousand dollars, five thousand five hundred dollars;
(3) In townships having a budget of more than one hundred thousand but not more than two hundred fifty thousand dollars, seven thousand seven hundred dollars;
(4) In townships having a budget of more than two hundred fifty thousand but not more than five hundred thousand dollars, nine thousand nine hundred dollars;
(5) In townships having a budget of more than five hundred thousand but not more than seven hundred fifty thousand dollars, eleven thousand dollars;
(6) In townships having a budget of more than seven hundred fifty thousand but not more than one million five hundred thousand dollars, thirteen thousand two hundred dollars;
(7) In townships having a budget of more than one million five hundred thousand but not more than three million five hundred thousand dollars, fifteen thousand four hundred dollars;
(8) In townships having a budget of more than three million five hundred thousand dollars but not more than six million dollars, sixteen thousand five hundred dollars;
(9) In townships having a budget of more than six million dollars, seventeen thousand six hundred dollars.
(B) Any township clerk fiscal officer may elect to receive less than the
compensation the clerk fiscal officer is entitled to under division (A) of
this
section. Any clerk township fiscal officer electing to do this shall so notify the board
of township trustees in writing, and the board shall include this
notice in the minutes of its next board meeting.
(C) The compensation of the township clerk fiscal officer shall be paid
in
equal monthly payments. If the office of clerk township fiscal officer is held by
more
than one person during any calendar year, each person
holding the
office shall receive payments for only those months,
and any
fractions of those months, during which the
person holds the
office.
(D) Beginning in calendar year 1999, the township
clerk fiscal officer
shall be entitled to compensation as follows:
(1) In calendar year 1999, the compensation specified in division (A) of this section increased by three per cent;
(2) In calendar year 2000, the compensation determined under division (D)(1) of this section increased by three per cent;
(3) In calendar year 2001, the compensation determined under division (D)(2) of this section increased by three per cent;
(4) In calendar year 2002, except in townships having a budget of more than six million dollars, the compensation determined under division (D)(3) of this section increased by three per cent; in townships having a budget of more than six million but not more than ten million dollars, nineteen thousand eight hundred ten dollars; and in townships having a budget of more than ten million dollars, twenty thousand nine hundred dollars;
(5) In calendar year 2003, the compensation determined under division (D)(4) of this section increased by three per cent or the percentage increase in the consumer price index as described in division (D)(7)(b) of this section, whichever percentage is lower;
(6) In calendar year 2004, except in townships having a budget of more than six million dollars, the compensation determined under division (D)(5) of this section for the calendar year 2003 increased by three per cent or the percentage increase in the consumer price index as described in division (D)(7)(b) of this section, whichever percentage is lower; in townships having a budget of more than six million but not more than ten million dollars, twenty-two thousand eighty-seven dollars; and in townships having a budget of more than ten million dollars, twenty-five thousand five hundred fifty-three dollars;
(7) In calendar years 2005 through 2008, the compensation determined under division (D) of this section for the immediately preceding calendar year increased by the lesser of the following:
(a) Three per cent;
(b) The percentage increase, if any, in the consumer price index over the twelve-month period that ends on the thirtieth day of September of the immediately preceding calendar year, rounded to the nearest one-tenth of one per cent;
(8) In calendar year 2009 and thereafter, the amount determined under division (D) of this section for calendar year 2008.
As used in this division, "consumer price index" has the same meaning as in section 325.18 of the Revised Code.
Sec. 507.11. (A) The board of township trustees may authorize, by resolution, township officers and employees to incur obligations of two thousand five hundred dollars or less on behalf of the township, or it may authorize, by resolution, the township administrator to so authorize township officers and employees. The obligations incurred on behalf of the township by a township officer or employee acting pursuant to any such resolution shall be subsequently approved by the adoption of a formal resolution of the board of township trustees.
(B) No money belonging to the township shall be paid out,
except upon an
order
signed by at least two of the
township trustees, and
countersigned by the township clerk fiscal officer.
Sec. 509.02. Each constable, before entering upon the
discharge of
his
official
duties, shall give bond to the state in
a sum of not less than five hundred
nor more than two thousand
dollars, conditioned for the faithful and diligent
discharge of
his
official duties, and with sureties resident of
the township.
The
amount of
such
the bond and its sureties shall be approved by
the board of
township trustees.
Such
The bond shall be deposited
with the township
clerk
fiscal officer.
Sec. 511.21. Upon the filing of the report of the board of
park commissioners
as provided by section 511.20 of the Revised
Code, the board of township
trustees shall direct the township
clerk
fiscal officer to give thirty days' notice, by
posting in
five public places in the township and by publication in
one or
more newspapers of general circulation in the township,
that an
election will be held
at the next general election to determine
whether one or more
public
parks are to be established within the
township, and the estimated cost of the
land recommended for that
purpose.
Sec. 511.22. The board of township trustees shall direct the
township
clerk
fiscal officer to
file a written notice, not later
than four p.m. of
the seventy-fifth day before the day of the
election, with the board of
elections having charge of the
preparation of official ballots, that an election will be held as
provided
in section 511.21 of the Revised Code and that the
following shall be printed on
the ballot:
"YES | SHALL A PUBLIC PARK | ||
NO | OR PUBLIC PARKS BE ESTABLISHED IN | ||
.....(NAME)..... TOWNSHIP?" |
If a majority of the votes is in favor of the proposition, a park or parks shall be established for the township. If a majority of the votes cast is against the proposition, the board of park commissioners shall be abolished, and the board of township trustees shall provide for and pay all the proper expenses incurred by it.
Sec. 511.33. In paying any expenses of park management and
of improvements authorized by section 511.32 of the Revised Code,
the board of township trustees may appropriate and use for
such
these
purposes any funds in the township treasury then
unappropriated
for any other purpose.
Should
If there
be
are no
available funds in the
treasury or an insufficient amount to pay
for the desired park
management and improvements in any year, the
board may levy a tax
in order to pay for
such
the park management
and improvements. The
tax shall be levied upon all of the taxable
property in the
township and shall be certified, levied, and
collected in the
manner prescribed for the certification, levy,
and collection of
other township taxes. The money so raised shall
be paid over to
the township
clerk
fiscal officer, and
the fiscal
officer shall
be paid
pay the money out
by him on the
order of
the
board. If a sum greater than two thousand dollars is to be
expended by the board for park management and improvement
purposes
in any one year, and
such
the sum is not available from any
unappropriated money in the township treasury, the question of
levying
such
the additional tax shall, before making a levy
which
that
will amount to more than two thousand dollars, be submitted
to
and approved by a majority of the electors of the township
voting
on the question. If
such
the election is necessary, it
shall be
called at a regular meeting of the board, and
such
the
resolution
shall be certified to the board of elections not later
than four
p.m. of the seventy-fifth day before the day of the
election.
Twenty days' notice of
such
the election shall be given by
the
posting of notices
thereof
of the election by the township
clerk
fiscal officer in ten public
places in the township, and
provisions for holding the election
shall be made by the board of
elections upon receiving notice of
the date and purpose of
such
the election from the
clerk
fiscal officer. This
section and
section 511.32 of the Revised Code do not repeal,
affect, or
modify any law relating to park commissioners, or
prevent the
appointment of park commissioners in the future.
Sec. 513.04.
Where
If a tax has been levied for hospital
purposes, the county
auditor shall certify, at the semiannual
collection of taxes, the amount
collected from
such
the levy to
the township
clerk
fiscal officer, who shall forthwith draw
his
a
warrant for
such
the amount on the township treasury, payable to
the treasurer of
the hospital association or to the municipal
corporation.
Sec. 515.02. When the owners of more than one-half of the
feet front, of the
lots and lands abutting on the streets and
public ways of any unincorporated
district in a township, sign a
petition for artificial lighting of the streets
and public ways in
such
the district, and file it with the township
clerk
fiscal
officer,
such
clerk
the fiscal officer shall
thereupon give
notice
to the board of township trustees
a notice of the
filing of
such
the petition, together with
and a copy
thereof
of it.
Sec. 515.04. The township
clerk
fiscal officer shall fix a
day, not more
than thirty days from the date of notice to the
board of township
trustees, for the hearing of the petition
provided for by section
515.02 of the Revised Code.
Such clerk
The township
fiscal officer shall prepare and deliver
to any of the
petitioners, a notice in writing directed to the
lot and land
owners and to the corporations, either public or
private, affected
by the improvement.
Such
The notice shall set
forth the substance,
pendency, and prayer of the petition, and
the time and place of
the hearing
thereon
on it.
A copy of
such
the notice shall be served upon each lot or
land
owner or left at
his
the lot or land owner's usual place of
residence, and upon an
officer or agent of each
such corporation
having its place of
business in
such
the district, at least
fifteen days before the date
set for the hearing. On or before the
day of the hearing, the person
serving
such
the notice shall make
return
thereon
on it, under oath, of the
time and manner of
service, and shall file
such
the return with the
clerk
township fiscal
officer.
The
clerk
township fiscal officer shall give
such
the notice to each
nonresident lot or
land owner, by publication once, in a newspaper
published in and
of general circulation in the county in which the
district is
situated, at least two weeks before the day set for
hearing.
Such
The notice shall be verified by affidavit of the
printer or
other person knowing the fact, and shall be filed with
the
clerk
township fiscal officer on or before the day of hearing. No
further notice of the
petition or the proceedings
thereunder
under
it shall thereafter be
required.
Sec. 515.081. The board of township trustees, at the
expiration of an
existing contract for lighting, may award a new
contract pursuant to section
515.07 of the Revised Code, unless
the owners of lots and lands, containing in
excess of fifty per
cent of the front feet abutting on the streets and public
ways of
said
the unincorporated district in the township sign a petition
for the
discontinuance of the artificial lighting and file the
petition with the
township
clerk
fiscal officer not less than
thirty days prior to the expiration of the
existing contract.
Sec. 515.12. (A) All officers shall receive for services
performed under sections 515.01 to 515.11 of the Revised Code,
the
same fees allowed for other similar services.
The township
clerk
fiscal officer shall receive for
such
the
fiscal officer's services the sum
of fifty cents from each lot or
land owner for whom a notice is
prepared and the sum of fifty
cents for each annual assessment
certified to the county auditor.
All
All payments
hereunder for the
services of township officials
shall be included in the cost of
the lighting district and
assessed against the property.
Such
The
compensation shall be in
addition to all other compensation
provided by law.
(B) The board of township trustees may, by resolution,
employ additional personnel in place of the township
clerk
fiscal
officer to
prepare and certify notices for each lot or land owner
and shall
pay a reasonable sum not to exceed fifty cents for each
lot or
land owner for whom a notice is prepared and a reasonable
sum not
to exceed fifty cents for each annual assessment certified
to the
county auditor. The actual cost of
such
the additional
personnel
shall be assessed proportionately against each lot or
land owner
and shall be included in the cost of the lighting
district.
Sec. 517.05. On the making of an order or the filing of an
application as
provided by section 517.04 of the Revised Code, the
clerk
township fiscal officer shall certify
such
the
order or
application to the board of elections not later than four p.m. of
the
seventy-fifth day before the day of the election, and, at
least twenty days
before an election, the township
clerk
fiscal
officer shall post written notices in at least
three public places
in the township, that a vote will be taken on the question
of the
establishment of a cemetery. If a majority of the votes cast at
such
the
election on the proposition is in favor
thereof
of
establishing a cemetery, the board of township
trustees shall
procure the lands for that purpose and levy taxes as provided
by
section 517.03 of the Revised Code.
Sec. 517.06. The board of township trustees shall have the
cemetery laid out
in lots, avenues, and paths,
and shall number
the lots, and
shall have a suitable
plat
thereof
of the lots made,
which plat shall be carefully kept by the township
clerk
fiscal
officer.
Such
The board shall make and enforce all needful rules
and regulations for the
division of
such
the cemetery into lots,
for the allotment
thereof
of lots to families or
individuals,
and
for the care, supervision, and improvement
thereof, and such
of
the lots. The
board shall require the grass and weeds
in the
cemetery to be cut and destroyed at least twice
each year.
Suitable
Suitable provision shall be made in
such
the cemetery for
persons whose burial is
at the expense of the township.
Sec. 517.07. Upon application, the board of township
trustees shall sell at a reasonable price
such
the number of lots
as
public wants demand for burial purposes. Purchasers of lots,
upon complying with the terms of sale, may receive deeds
therefor
for the lots
which the board shall execute, and which shall be
recorded by the
township
clerk
fiscal officer in a book for that
purpose, and the. The expense of
recording shall be paid by the
person receiving the deed. Upon
the application of a head of a
family living in the township, the
board shall, without charge,
make and deliver to
such
the applicant a
deed for a suitable lot
for the burial of
his
the applicant's
family, if, in the
opinion
of the board and by reason of the circumstances of the
family,
such
the payment would be oppressive.
The terms of sale and any deed for lots executed after
the
effective date of this amendment
July 24, 1986, may
include the
following requirements:
(A) The grantee shall provide to the board of township trustees, in writing, a list of the names and addresses of the persons to whom the grantee's property would pass by intestate succession.
(B) The grantee shall notify the board in writing of any subsequent changes in the name or address of any persons to whom property would descend.
(C) Any person who receives a township cemetery lot by
gift,
inheritance, or any other means other than the original
conveyance
shall, within one year after receiving
such
the interest,
give
written notice of
his
the person's name and address to the
board
having
control of the cemetery, and shall notify the board of any
subsequent changes in
his
the person's name or address.
The terms of sale and any deed for any lots executed in
compliance with the notification requirements set forth in
divisions (A), (B), and (C) of this section shall state that the
board of township trustees shall have right of reentry to the
cemetery lot if the notification requirements are not met. At
least ninety days before establishing reentry, the board shall
send a notice by certified mail to the last known owner at
his
the
owner's last known address to inform
him
the owner that
his
the
owner's interest in the lot
will cease unless the notification
requirements are met. If the
owner's address is unknown and
cannot reasonably be obtained, it
is sufficient to publish the
notice once in a newspaper of
general circulation in the county.
In order to establish
reentry, the board shall pass a resolution
stating that the
conditions of the sale or of the deed have not
been fulfilled,
and that the board reclaims its interest in the
lot.
The board may limit the terms of sale or the deed for a
cemetery lot by specifying that the owner, a member of the
owner's
family, or an owner's descendant must use the lot, or at
least one
burial place within the lot, within a specified time
period. The
board may specify this time period to be at least
twenty but not
more than fifty years, with right of renewal
provided at no cost.
At least ninety days prior to the
termination date for use of the
cemetery lot, the board shall
send a notice to the owner to inform
him
the owner that
his
the owner's interest in the
lot will cease
on the termination date unless
he
the owner
contracts for
renewal
by that date. The board shall send the notice by
certified mail
to the owner if the owner is a resident of the
township or is a
nonresident whose address is known. If the
owner's address is
unknown and cannot reasonably be obtained, it
is sufficient to
publish the notice once in a newspaper of
general circulation in
the county.
The terms of sale and any deed for lots conveyed with a termination date shall state that the board shall have right of reentry to the lot at the end of the specified time period if the lot is not used within this time period or renewed for an extended period. In order to establish reentry, the board shall pass a resolution stating that the conditions of the sale or of the deed have not been fulfilled, and that the board reclaims its interest in the lot. The board shall compensate owners of unused lots who do not renew the terms of sale or the deed by paying the owner eighty per cent of the purchase price. The board may repurchase any cemetery lot from its owner at any time at a price that is mutually agreed upon by the board and the owner.
Sec. 519.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the township zoning commission, by the
passage of a resolution
by the board of township
trustees, or by
the filing of an application
by one or
more of the owners or
lessees of property within the area
proposed
to be changed or
affected by the proposed amendment with
the
township zoning
commission. The board of township trustees
may
require that the
owner or lessee of property filing an
application
to amend the
zoning resolution pay a fee
to
defray the
cost of advertising,
mailing, filing with the county
recorder, and
other expenses. If
the board of township trustees require requires
such a fee, it
shall be required
generally, for each application.
The board of
township trustees
shall, upon the passage of such a
resolution, shall
certify it to the
township zoning commission.
(2) Upon the adoption of such a motion by the township zoning commission,
the certification of
such a
resolution by the board of township trustees to the commission, or the filing of such an application by property owners or lessees as described in division (A)(1) of this section with the commission, the township
zoning
commission shall set a date for a public hearing,
which date shall
not be less than twenty nor more than forty days
from the date of
the certification of such a resolution, the date
of adoption of such
a motion, or the date of the filing of such an
application. Notice of
such the hearing shall be given by the
township zoning commission by
one publication in one or more
newspapers of general circulation
in the township at least ten
days before the date of such the hearing.
(B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the township zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from such the area proposed to be rezoned or redistricted to the
addresses of such those owners appearing on the county auditor's
current
tax list. The failure of delivery of such that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing,
and
shall include all of the following:
(1) The name of the township zoning commission that will be
conducting the public hearing;
(2) A statement indicating that the motion, resolution, or application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing;
(6) The name of the person responsible for giving notice
of
the public hearing by publication or, by mail, or by both
publication and mail;
(7) Any other information requested by the zoning
commission;
(8) A statement that, after the conclusion of such the hearing,
the matter will be submitted to the board of township trustees
for
its action.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land, as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following:
(1) The name of the township zoning commission that will be
conducting the public hearing on the proposed amendment;
(2) A statement indicating that the motion, application, or resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing;
(4) The name of the person responsible for giving notice
of
the public hearing by publication;
(5) A statement that, after the conclusion of such the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(6) Any other information requested by the zoning
commission.
(E) Within five days after the adoption of such the motion described in division (A) of this section,
the
certification of such the resolution described in division (A) of this section, or the filing of such the
application described in division (A) of this section, the township zoning commission shall transmit a copy
of it together with text and map pertaining
to it
to the
county
or regional planning commission, if there is such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit such its
recommendation
to the township zoning commission. Such The
recommendation shall be
considered at the public hearing held by
the township zoning
commission on such the proposed amendment.
The township zoning commission shall, within thirty days
after such the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
of it,
and submit such that recommendation together with such the motion,
application, or
resolution involved, the text and map pertaining
to
it the proposed amendment, and the
recommendation of the county or regional planning
commission
on
it to the board of township trustees.
The board of township trustees shall, upon receipt of such that
recommendation, shall set a time for a public hearing on such the proposed
amendment, which date shall not be more than thirty days from the
date of the receipt of such that recommendation from the township
zoning commission. Notice of such public the hearing shall be given
by the board by one publication in one or more newspapers of
general circulation in the township, at least ten days before the
date of such the hearing.
(F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and shall include
all of the following:
(1) The name of the board of township trustees that will be conducting the
public
hearing;
(2) A statement indicating that the motion, application, or resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing;
(6) The name of the person responsible for giving notice
of
the public hearing by publication or, by mail, or by both
publication and mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following:
(1) The name of the board of township trustees that will be conducting the
public
hearing on the proposed amendment;
(2) A statement indicating that the motion, application, or resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing;
(4) The name of the person responsible for giving notice
of
the public hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after such its public hearing, the board of township trustees
shall either adopt or deny the recommendations of the township zoning
commission or adopt some modification
of them.
If the
board
denies or modifies the recommendation of the
township
zoning
commission commission's recommendations, the unanimous vote of the board shall
be
required.
Such The proposed amendment, if adopted by the board, shall become effective
in
thirty days after the date of such its adoption, unless, within
thirty
days after the adoption of the amendment, there is
presented to
the
board of township trustees a petition, signed by
a number of
registered electors residing in the unincorporated
area of the
township or part
of that unincorporated area included in
the
zoning plan
equal to not
less than eight per cent of the total
vote cast for
all candidates
for governor in such that area at the most
recent
general election at
which a governor was elected,
requesting the
board of township
trustees to submit the amendment
to the
electors of such that area for
approval or rejection at a
special
election to be held on the day
of the next primary or
general
election that occurs at least seventy-five days after the petition is filed. Each part of this
petition shall contain the
number
and the full and correct title,
if any, of the zoning
amendment
resolution, motion, or
application, furnishing the name
by which
the amendment is known
and a brief summary of its
contents. In
addition to meeting the
requirements of this
section, each
petition shall be governed by
the rules specified in
section
3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and the statement of the circulator shall be substantially as follows:
(if the proposal is identified by a particular name or number, or both, these should be inserted here) .......................
A proposal to amend the zoning map of the unincorporated area of ............. Township, ................. County, Ohio, adopted .....(date)..... (followed by brief summary of the proposal).
To the Board of Township Trustees of ..................... Township, ................. County, Ohio:
...................... County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ....................... Township, included
within the ............. Township Zoning Plan, equal to not less
than eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of Township Trustees to
submit this amendment of the zoning resolution to the electors of
........................ Township residing within the
unincorporated area of the township included in the
.................. Township Zoning Resolution, for approval or
rejection at a special election to be held on the day of the next
primary or general election to be held on .....(date).....,
pursuant to section 519.12 of the Revised Code.
Street Address | Date of | ||||
Signature | or R.F.D. | Township | Precinct | County | Signing |
..............................................................
..............................................................
I, .............(name of circulator).........., declare under penalty of election falsification that I am an elector of the state of Ohio and reside at the address appearing below my signature; that I am the circulator of the foregoing part petition containing .......(number)....... signatures; that I have witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be.
................................ | |
(Signature of circulator) | |
................................ | |
(Address) | |
................................ | |
(City, village, or township, | |
and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The petition shall be filed, with the board of township trustees and shall be accompanied by an appropriate
map of the area affected by the zoning proposal, with the. Within two weeks after receiving a petition filed under this section, the board
of
township trustees, which shall then transmit certify the petition
within
two weeks of its receipt to the board of elections, which
shall
determine the sufficiency and validity of the petition.
The. A
petition filed under this section shall be certified to the board of elections not
less
than seventy-five days prior to the election at which the
question
is to be voted upon.
The board of elections shall determine the sufficiency and validity of each petition certified to it by a board of township trustees under this section. If the board of elections determines that a petition is sufficient and valid, the question shall be voted upon at a special election to be held on the day of the next primary or general election that occurs at least seventy-five days after the date the petition is filed with the board of township trustees, regardless of whether any election will be held to nominate or elect candidates on that day.
No amendment for which such a referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the board of elections that the amendment has been approved by the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of township trustees shall file the text and maps
of the
amendment in the office of the county recorder and with
the
regional or county or regional planning commission, if one exists.
The board shall file all amendments, including text and
maps,
that are in effect on January 1, 1992, in the office of the
county
recorder within thirty working days after that date. The
board
shall also file duplicates of the same documents with the
regional
or county planning commission, if one exists, within the
same
period.
The failure to file any amendment, or any text and maps, or duplicates of any of these documents, with the office of the county recorder or the county or regional planning commission as required by this section does not invalidate the amendment and is not grounds for an appeal of any decision of the board of zoning appeals.
Sec. 519.16. For the purpose of enforcing the zoning
regulations, the board
of township trustees may provide for a
system of zoning certificates,
and for
this purpose may establish
and fill the position of township zoning inspector,
together with
such assistants as the board deems necessary,
may fix the
compensation for
such
those positions, and
may make disbursements
for them. The
township
clerk
fiscal officer may be appointed
secretary of the township zoning commission, secretary
of the
township board of zoning appeals, and zoning inspector, and
he
the
fiscal officer may
receive compensation for
such
the fiscal
officer's services in addition to other compensation
allowed by
law.
Sec. 519.161. The township zoning inspector, before entering
upon the duties
of
his office, shall give bond, signed by a
bonding or surety company
authorized to do business in this state,
or, at
his
the
inspector's option, signed by two or
more
freeholders having real estate in the value of double the amount
of the
bond, over and above all
incumbrances
encumbrances to the
state, in the sum of not less
than one thousand or more than five
thousand dollars as fixed by the board of
township trustees.
Such
The surety company or real estate bond shall be approved
by the
board of township trustees, and the bond shall be conditioned upon
the
faithful performance of
such
the zoning inspector's official
duties.
Such
The bond
shall be deposited with the township
clerk
fiscal officer.
Sec. 519.211. (A) Except as otherwise provided in division (B) or (C) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any board of township trustees or board of zoning appeals in respect to the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by any public utility or railroad, for the operation of its business.
(B)(1) As used in this division, "telecommunications tower" means any free-standing structure, or any structure to be attached to a building or other structure, that meets all of the following criteria:
(a) The free-standing or attached structure is proposed to be constructed on or after October 31, 1996.
(b) The free-standing or attached structure is proposed to be owned or principally used by a public utility engaged in the provision of telecommunications services.
(c) The free-standing or attached structure is proposed to be located in an unincorporated area of a township, in an area zoned for residential use.
(d)(i) The free-standing structure is proposed to top at a height that is greater than either the maximum allowable height of residential structures within the zoned area as set forth in the applicable zoning regulations, or the maximum allowable height of such a free-standing structure as set forth in any applicable zoning regulations in effect immediately prior to October 31, 1996, or as those regulations subsequently are amended.
(ii) The attached structure is proposed to top at a height that is greater than either the height of the building or other structure to which it is to be attached, or the maximum allowable height of such an attached structure as set forth in any applicable zoning regulations in effect immediately prior to October 31, 1996, or as those regulations subsequently are amended.
(e) The free-standing or attached structure is proposed to have attached to it radio frequency transmission or reception equipment.
(2) Sections 519.02 to 519.25 of the Revised Code confer power on a board of township trustees or board of zoning appeals with respect to the location, erection, construction, reconstruction, change, alteration, removal, or enlargement of a telecommunications tower, but not with respect to the maintenance or use of such a tower or any change or alteration that would not substantially increase the tower's height. However, the power so conferred shall apply to a particular telecommunications tower only upon the provision of a notice, in accordance with division (B)(4)(a) of this section, to the person proposing to construct the tower.
(3) Any person who plans to construct a telecommunications tower in an area subject to township zoning regulations shall provide both of the following by certified mail:
(a) Written notice to each owner of property, as shown on the county auditor's current tax list, whose land is contiguous to or directly across a street or roadway from the property on which the tower is proposed to be constructed, stating all of the following in clear and concise language:
(i) The person's intent to construct the tower;
(ii) A description of the property sufficient to identify the proposed location;
(iii) That, no later than fifteen days after the date of mailing of the notice, any such property owner may give written notice to the board of township trustees requesting that sections 519.02 to 519.25 of the Revised Code apply to the proposed location of the tower as provided under division (B)(4)(a) of this section.
If the notice to a property owner is returned unclaimed or refused, the person shall mail the notice by regular mail. The failure of delivery of the notice does not invalidate the notice.
(b) Written notice to the board of township trustees of the information specified in divisions (B)(3)(a)(i) and (ii) of this section. The notice to the board also shall include verification that the person has complied with division (B)(3)(a) of this section.
(4)(a) If the board of township trustees receives notice from a
property owner under division (B)(3)(a)(iii)
of this section within the time specified in that division or if a board
member makes an objection to the proposed location of the telecommunications
tower within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board shall
request that the clerk fiscal officer of the township send the person proposing to construct
the tower written notice that the tower is subject to the power conferred by
and in accordance with division (B)(2) of this section. The notice
shall be sent no later
than five days after the earlier of the date the board first receives such a
notice from a property owner or the date upon which a board member makes an
objection. Upon the date of mailing of the notice to the person, sections
519.02 to 519.25 of the Revised Code shall apply to the tower.
(b) If the board of township trustees receives no notice under division (B)(3)(a)(iii) of this section within the time prescribed by that division or no board member has an objection as provided under division (B)(4)(a) of this section within the time prescribed by that division, division (A) of this section shall apply to the tower without exception.
(C) Sections 519.02 to 519.25 of the Revised Code confer power on a board of township trustees or board of zoning appeals with respect to the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of a public utility engaged in the business of transporting persons or property, or both, or providing or furnishing such transportation service, over any public street, road, or highway in this state, and with respect to the use of land by any such public utility for the operation of its business, to the extent that any exercise of such power is reasonable and not inconsistent with Chapters 4901., 4903., 4905., 4909., 4921., and 4923. of the Revised Code. However, this division confers no power on a board of township trustees or board of zoning appeals with respect to a building or structure of, or the use of land by, a person engaged in the transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants.
(D) Sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the sale or use of alcoholic beverages in areas where the establishment and operation of any retail business, hotel, lunchroom, or restaurant is permitted.
(E)(1) Any person who plans to construct a telecommunications tower within one hundred feet of a residential dwelling shall provide a written notice to the owner of the residential dwelling and to the person occupying the residence, if that person is not the owner of the residence stating in clear and concise language the person's intent to construct the tower and a description of the property sufficient to identify the proposed location. The notice shall be sent by certified mail. If the notice is returned unclaimed or refused, the person shall mail the notice by regular mail. The failure of delivery does not invalidate the notice.
(2) As used in division (E) of this section:
(a) "Residential dwelling" means a building used or intended to be used as a personal residence by the owner, part-time owner, or lessee of the building, or any person authorized by such a person to use the building as a personal residence.
(b) "Telecommunications tower" has the same meaning as in division (B)(1) of this section, except that the proposed location of the free-standing or attached structure may be an area other than an unincorporated area of a township, in an area zoned for residential use.
Sec. 521.02. Upon
a petition filed with the township
clerk
fiscal officer by one or more property owners whose property is
served by a
private sewage collection tile, or upon the board's
own
initiative by the adoption of a resolution, the board of
township
trustees may repair or maintain a private sewage
collection tile
within a township road right-of-way in the
township as provided
in
sections 521.02 to 521.07 of the Revised
Code
this chapter. On receiving a
petition, the township
clerk
fiscal officer shall give
notice to the board of
township trustees
a notice of the filing of the petition, together with
and a
copy
of the petition.
Sec. 521.03. On receiving a petition filed under section
521.02 of the Revised Code, or at the request of the board of
township trustees, the township
clerk
fiscal officer shall fix a
time, not more
than thirty days after the date of giving notice of
the filing to
the board or the date of receiving the request from
the board,
and place for a hearing on the issue of repair or
maintenance of
the tiles. The
clerk
township fiscal officer shall prepare
a notice in writing directed
to the lot and land owners and to the
corporations, either public
or private, affected by the
improvement. The notice shall set
forth the substance of the
petition or board request, and the
time and place of the hearing
on it.
If the hearing is to be held in response to a petition, the
clerk
township fiscal officer shall deliver a copy of the notice to any of
the
petitioners, who shall see that the notice is served on each
lot
or land owner or left at
his
the lot or land owner's usual
place
of residence, and served
on an officer or agent of each
corporation affected by the
improvement, at least fifteen days
before the date set for the
hearing. If the hearing is to be held
at the request of the
board, the board shall see that the notice
is so served. On or
before the day of the hearing, the person
serving the notice
shall certify, under oath, the time and manner
of service, and
shall file this certification with the
clerk
township fiscal officer.
The
clerk
township fiscal officer shall give notice of the hearing to
each
nonresident lot or land owner, by publication once, in a
newspaper published in and of general circulation in the county
in
which the township is situated, at least two weeks before the
day
set for the hearing. This notice shall be verified by
affidavit
of the printer or other person knowing the fact, and
shall be
filed with the
clerk
township fiscal officer on or before the day of the
hearing. No further notice of the petition or the proceedings
under it shall thereafter be required.
Sec. 703.201. (A) As used in this section, "condition for surrendering corporate powers" means any of the following:
(1) The village has been declared to be in a fiscal emergency under Chapter 118. of the Revised Code and has been in fiscal emergency for at least three consecutive years with little or no improvement on the conditions that caused the fiscal emergency declaration.
(2) The village has failed to properly follow applicable election laws for at least two consecutive election cycles for any one elected office in the village.
(3) The village has been declared during an audit conducted under section 117.11 of the Revised Code to be unauditable under section 117.41 of the Revised Code in at least two consecutive audits.
(4) The village does not provide at least two services typically provided by municipal government, such as police or fire protection, garbage collection, water or sewer service, emergency medical services, road maintenance, or similar services. "Services" does not include any administrative service or legislative action.
(5) The village has failed for any fiscal year to adopt the tax budget required by section 5705.28 of the Revised Code.
(6) A village elected official has been convicted of theft in office, either under section 2921.41 of the Revised Code or an equivalent criminal statute at the federal level, at least two times in a period of ten years. The convicted official with respect to those convictions may be the same person or different persons.
(B) If the auditor of state finds, in an audit report issued under division (A) or (B) of section 117.11 of the Revised Code of a village that has a population of one hundred fifty persons or less and consists of less than two square miles, that the village meets at least two conditions for surrendering corporate powers, the auditor of state shall send a certified copy of the report together with a letter to the attorney general requesting the attorney general to institute legal action to dissolve the village in accordance with division (C) of this section. The report and letter shall be sent to the attorney general within ten business days after the auditor of state's transmittal of the report to the village. The audit report transmitted to the village shall be accompanied by a notice to the village of the auditor's intent to refer the report to the attorney general for legal action in accordance with this section.
(C) Within twenty days of receipt of the auditor of state's report and
letter, the attorney general may file a legal action in the court of common pleas on behalf of the state to request the dissolution of the village that is the subject of the audit report. If a legal action is filed, the court shall hold a hearing within ninety days after the date the attorney general files the legal action with the court. Notice of the hearing shall be filed with the attorney general, the clerk of the village that is the subject of the action, and each clerk fiscal officer of a township located wholly or partly within the village.
At the hearing on dissolution, the court shall determine if the village has a population of one hundred fifty persons or less, consists of less than two square miles, and meets at least two conditions for surrendering corporate powers. If the court so finds, it shall order the dissolution of the village and provide for the surrender of corporate powers in accordance with section 703.21 of the Revised Code. The attorney general shall file a certified copy of the court's order of dissolution with the secretary of state and the county recorder of the county in which the village is situated, who shall record it in their respective offices. Upon the recording in the county recorder's office, the corporate powers of the village shall cease.
(D) For purposes of this section, the population of a village shall be the population determined either at the last preceding federal decennial census or according to population estimates certified by the department of development between decennial censuses.
(E) The procedure in this section is in addition to the procedure of section 703.20 of the Revised Code for the surrender of the corporate powers of a village.
Sec. 707.28. When a village or a city is incorporated from
a
portion of a township, or portions of more than one township, a
proper division of the real and personal property of
such
the
townships, and of the funds for township purposes which are in
the
treasury, or in the process of collection, of the townships
from
which the territory is taken, shall, upon application of the
village or city treasurer to the probate court of the county in
which the territory is situated, be determined and ordered
transferred to
such
the village or city, in the case of real or
personal property, or, in the case of funds, paid to the village
or city treasurer.
In determining the portion of
such
the real and personal
property and funds to which the village or city is entitled, the
indebtedness of each township shall be taken into consideration.
Ten days' notice of a hearing shall be given by the treasurer of
the applicant to the township
clerk
fiscal officer of each
township whose
property and funds are sought to be divided. The
findings and
orders of the probate court under this section shall
be final.
Sec. 709.023. (A) A petition filed under section 709.021 of the Revised Code that requests to follow this section is for the special procedure of annexing land into a municipal corporation when, subject to division (H) of this section, the land also is not to be excluded from the township under section 503.07 of the Revised Code. The owners who sign this petition by their signature expressly waive their right to appeal in law or equity from the board of county commissioners' entry of any resolution under this section, waive any rights they may have to sue on any issue relating to a municipal corporation requiring a buffer as provided in this section, and waive any rights to seek a variance that would relieve or exempt them from that buffer requirement.
The petition circulated to collect signatures for the special procedure in this section shall contain in boldface capital letters immediately above the heading of the place for signatures on each part of the petition the following: "WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."
(B) Upon the filing of the petition
in
the office of the
clerk of the board of county commissioners, the clerk shall
cause
the petition to be entered upon the board's
journal at its next
regular session. This entry shall be the
first official act of
the board on the petition.
Within five days after the filing of
the petition, the agent for the
petitioners shall notify in the
manner and form specified in this division the
clerk of the
legislative authority of
the municipal corporation to which
annexation is proposed, the
clerk fiscal officer of each township any portion of
which is included within the
territory proposed for annexation,
the clerk of the board of
county commissioners of each county
in
which the territory
proposed for annexation is located other
than
the county in which
the petition is filed, and the owners of
property adjacent to the territory proposed for annexation or
adjacent to a road that is adjacent to that territory and located
directly across that road from that territory. The
notice shall
refer to
the time and date when the
petition was
filed and the
county in
which it was filed and shall
have attached
or shall be
accompanied
by a copy of the petition
and any
attachments or
documents
accompanying the petition as
filed.
Notice to a property owner is sufficient if sent by regular United States mail to the tax mailing address listed on the county auditor's records. Notice to the appropriate government officer shall be given by certified mail, return receipt requested, or by causing the notice to be personally served on the officer, with proof of service by affidavit of the person who delivered the notice. Proof of service of the notice on each appropriate government officer shall be filed with the board of county commissioners with which the petition was filed.
(C) Within twenty days after the date that the petition is filed, the legislative authority of the municipal corporation to which annexation is proposed shall adopt an ordinance or resolution stating what services the municipal corporation will provide, and an approximate date by which it will provide them, to the territory proposed for annexation, upon annexation. The municipal corporation is entitled in its sole discretion to provide to the territory proposed for annexation, upon annexation, services in addition to the services described in that ordinance or resolution.
If the territory proposed for annexation is subject to zoning regulations adopted under either Chapter 303. or 519. of the Revised Code at the time the petition is filed, the legislative authority of the municipal corporation also shall adopt an ordinance or resolution stating that, if the territory is annexed and becomes subject to zoning by the municipal corporation and that municipal zoning permits uses in the annexed territory that the municipal corporation determines are clearly incompatible with the uses permitted under current county or township zoning regulations in the adjacent land remaining within the township from which the territory was annexed, the legislative authority of the municipal corporation will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township. For the purposes of this section, "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street rights-of-way; and bicycle and pedestrian paths and sidewalks.
The clerk of the legislative authority of the municipal corporation to which annexation is proposed shall file the ordinances or resolutions adopted under this division with the board of county commissioners within twenty days following the date that the petition is filed. The board shall make these ordinances or resolutions available for public inspection.
(D) Within twenty-five days after the date that the petition is filed, the legislative authority of the municipal corporation to which annexation is proposed and each township any portion of which is included within the territory proposed for annexation may adopt and file with the board of county commissioners an ordinance or resolution consenting or objecting to the proposed annexation. An objection to the proposed annexation shall be based solely upon the petition's failure to meet the conditions specified in division (E) of this section.
If the municipal corporation and each of those townships timely files an ordinance or resolution consenting to the proposed annexation, the board at its next regular session shall enter upon its journal a resolution granting the proposed annexation. If, instead, the municipal corporation or any of those townships files an ordinance or resolution that objects to the proposed annexation, the board of county commissioners shall proceed as provided in division (E) of this section. Failure of the municipal corporation or any of those townships to timely file an ordinance or resolution consenting or objecting to the proposed annexation shall be deemed to constitute consent by that municipal corporation or township to the proposed annexation.
(E) Unless the petition is granted under division (D) of this section, not less than thirty or more than forty-five days after the date that the petition is filed, the board of county commissioners shall review it to determine if each of the following conditions has been met:
(1) The petition meets all the requirements set forth in, and was filed in the manner provided in, section 709.021 of the Revised Code.
(2) The persons who signed the petition are owners of the real estate located in the territory proposed for annexation and constitute all of the owners of real estate in that territory.
(3) The territory proposed for annexation does not exceed five hundred acres.
(4) The territory proposed for annexation shares a contiguous boundary with the municipal corporation to which annexation is proposed for a continuous length of at least five per cent of the perimeter of the territory proposed for annexation.
(5) The annexation will not create an unincorporated area of the township that is completely surrounded by the territory proposed for annexation.
(6) The municipal corporation to which annexation is proposed has agreed to provide to the territory proposed for annexation the services specified in the relevant ordinance or resolution adopted under division (C) of this section.
(7) If a street or highway will be divided or segmented by the boundary line between the township and the municipal corporation as to create a road maintenance problem, the municipal corporation to which annexation is proposed has agreed as a condition of the annexation to assume the maintenance of that street or highway or to otherwise correct the problem. As used in this section, "street" or "highway" has the same meaning as in section 4511.01 of the Revised Code.
(F) Not less than thirty or more than forty-five days after the date that the petition is filed, if the petition is not granted under division (D) of this section, the board of county commissioners, if it finds that each of the conditions specified in division (E) of this section has been met, shall enter upon its journal a resolution granting the annexation. If the board of county commissioners finds that one or more of the conditions specified in division (E) of this section have not been met, it shall enter upon its journal a resolution that states which of those conditions the board finds have not been met and that denies the petition.
(G) If a petition is granted under division (D) or (F) of this section, the clerk of the board of county commissioners shall proceed as provided in division (C)(1) of section 709.033 of the Revised Code, except that no recording or hearing exhibits would be involved. There is no appeal in law or equity from the board's entry of any resolution under this section, but any party may seek a writ of mandamus to compel the board of county commissioners to perform its duties under this section.
(H) Notwithstanding anything to the contrary in section 503.07 of the Revised Code, unless otherwise provided in an annexation agreement entered into pursuant to section 709.192 of the Revised Code or in a cooperative economic development agreement entered into pursuant to section 701.07 of the Revised Code, territory annexed into a municipal corporation pursuant to this section shall not at any time be excluded from the township under section 503.07 of the Revised Code and, thus, remains subject to the township's real property taxes.
(I) Any owner of land that remains within a township and that is adjacent to territory annexed pursuant to this section who is directly affected by the failure of the annexing municipal corporation to enforce compliance with any zoning ordinance it adopts under division (C) of this section requiring the owner of the annexed territory to provide a buffer zone, may commence in the court of common pleas a civil action against that owner to enforce compliance with that buffer requirement whenever the required buffer is not in place before any development of the annexed territory begins.
Sec. 709.024. (A) A petition filed under section 709.021 of the Revised Code that requests to follow this section is for the special procedure of annexing land into a municipal corporation for the purpose of undertaking a significant economic development project. As used in this section, "significant economic development project" means one or more economic development projects that can be classified as industrial, distribution, high technology, research and development, or commercial, which projects may include ancillary residential and retail uses and which projects shall satisfy all of the following:
(1) Total private real and personal property investment in a project shall be in excess of ten million dollars through land and infrastructure, new construction, reconstruction, installation of fixtures and equipment, or the addition of inventory, excluding investment solely related to the ancillary residential and retail elements, if any, of the project. As used in this division, "private real and personal property investment" does not include payments in lieu of taxes, however characterized, under Chapter 725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75, or 5709.78 to 5709.81 of the Revised Code.
(2) There shall be created by the project an additional annual payroll in excess of one million dollars, excluding payroll arising solely out of the retail elements, if any, of the project.
(3) The project has been certified by the state director of development as meeting the requirements of divisions (A)(1) and (2) of this section.
(B) Upon the filing of the petition under section 709.021 of
the Revised Code
in the office of the clerk of the board of county
commissioners, the
clerk shall cause the petition to be entered
upon the journal of
the board at its next regular session. This
entry shall be the
first official act of the board on the
petition.
Within five days after the filing of the petition, the
agent for the
petitioners shall notify in the manner and form
specified in this division the
clerk of the legislative authority
of
the municipal corporation to which
annexation is proposed, the
clerk fiscal officer of each township any portion of which is included within the
territory proposed for annexation, the clerk of the board of
county commissioners of each county in which the territory
proposed for annexation is located other than the county in which
the petition is filed, and the owners of property adjacent to the
territory proposed for annexation or adjacent to a road that is
adjacent to that territory and located directly across that road
from that territory. The notice shall refer to the
time and date
when the
petition was filed and the county in which
it was filed
and shall
have attached or shall be accompanied by a
copy of the
petition
and any attachments or documents accompanying
the
petition as
filed.
Notice to a property owner is sufficient if sent by regular United States mail to the tax mailing address listed on the county auditor's records. Notice to the appropriate government officer shall be given by certified mail, return receipt requested, or by causing the notice to be personally served on the officer, with proof of service by affidavit of the person who delivered the notice. Proof of service of the notice on each appropriate government officer shall be filed with the board of county commissioners with which the petition was filed.
(C)(1) Within thirty days after the petition is filed, the legislative authority of the municipal corporation to which annexation is proposed and each township any portion of which is included within the territory proposed for annexation may adopt and file with the board of county commissioners an ordinance or resolution consenting or objecting to the proposed annexation. An objection to the proposed annexation shall be based solely upon the petition's failure to meet the conditions specified in division (F) of this section. Failure of the municipal corporation or any of those townships to timely file an ordinance or resolution consenting or objecting to the proposed annexation shall be deemed to constitute consent by that municipal corporation or township to the proposed annexation.
(2) Within twenty days after receiving the notice required by division (B) of this section, the legislative authority of the municipal corporation shall adopt, by ordinance or resolution, a statement indicating what services the municipal corporation will provide or cause to be provided, and an approximate date by which it will provide or cause them to be provided, to the territory proposed for annexation, upon annexation. If a hearing is to be conducted under division (E) of this section, the legislative authority shall file the statement with the clerk of the board of county commissioners at least twenty days before the date of the hearing.
(D) If all parties to the annexation proceedings consent to the proposed annexation, a hearing shall not be held, and the board, at its next regular session, shall enter upon its journal a resolution granting the annexation. There is no appeal in law or in equity from the board's entry of a resolution under this division. The clerk of the board shall proceed as provided in division (C)(1) of section 709.033 of the Revised Code.
(E) Unless the petition is granted under division (D) of this section, a hearing shall be held on the petition. The board of county commissioners shall hear the petition at its next regular session and shall notify the agent for the petitioners of the hearing's date, time, and place. The agent for the petitioners shall give, within five days after receipt of the notice of the hearing from the board, to the parties and property owners entitled to notice under division (B) of this section, notice of the date, time, and place of the hearing. Notice to a property owner is sufficient if sent by regular United States mail to the tax mailing address listed on the county auditor's records. At the hearing, the parties and any owner of real estate within the territory proposed to be annexed are entitled to appear for the purposes described in division (C) of section 709.032 of the Revised Code.
(F) Within thirty days after a hearing under division (E) of this section, the board of county commissioners shall enter upon its journal a resolution granting or denying the proposed annexation. The resolution shall include specific findings of fact as to whether or not each of the conditions listed in this division has been met. If the board grants the annexation, the clerk of the board shall proceed as provided in division (C)(1) of section 709.033 of the Revised Code.
The board shall enter a resolution granting the annexation if it finds, based upon a preponderance of the substantial, reliable, and probative evidence on the whole record, that each of the following conditions has been met:
(1) The petition meets all the requirements set forth in, and was filed in the manner provided in, section 709.021 of the Revised Code.
(2) The persons who signed the petition are owners of real estate located in the territory proposed to be annexed in the petition and constitute all of the owners of real estate in that territory.
(3) No street or highway will be divided or segmented by the boundary line between a township and the municipal corporation as to create a road maintenance problem, or if the street or highway will be so divided or segmented, the municipal corporation has agreed, as a condition of the annexation, that it will assume the maintenance of that street or highway. For the purposes of this division, "street" or "highway" has the same meaning as in section 4511.01 of the Revised Code.
(4) The municipal corporation to which the territory is proposed to be annexed has adopted an ordinance or resolution as required by division (C)(2) of this section.
(5) The state director of development has certified that the project meets the requirements of divisions (A)(1) and (2) of this section and thereby qualifies as a significant economic development project. The director's certification is binding on the board of county commissioners.
(G) An owner who signed the petition may appeal a decision of the board of county commissioners denying the proposed annexation under section 709.07 of the Revised Code. No other person has standing to appeal the board's decision in law or in equity. If the board grants the annexation, there shall be no appeal in law or in equity.
(H) Notwithstanding anything to the contrary in section 503.07 of the Revised Code, unless otherwise provided in an annexation agreement entered into pursuant to section 709.192 of the Revised Code or in a cooperative economic development agreement entered into pursuant to section 701.07 of the Revised Code, territory annexed into a municipal corporation pursuant to this section shall not at any time be excluded from the township under section 503.07 of the Revised Code and, thus, remains subject to the township's real property taxes.
(I) A municipal corporation to which annexation is proposed is entitled in its sole discretion to provide to the territory proposed for annexation, upon annexation, services in addition to the services described in the ordinance or resolution adopted by the legislative authority of the municipal corporation under division (C)(2) of this section.
Sec. 709.03. The petition required by section 709.02 of
the
Revised Code shall be filed in the office of the board of
county
commissioners, and the clerk shall cause the petition to be
entered
upon the record of proceedings of the board, which entry
shall be
the first official act of the board on the annexation
petition,
and shall cause the petition to be filed in the office
of the
county auditor, where it shall be subject to the
inspection of any
interested person. The agent for the
petitioners shall cause
written notice of the filing of the
petition with the board of
county commissioners and the date of
such
the filing to be
delivered to the clerk of the legislative
authority of the
municipal corporation to which annexation is
proposed and to the
clerk
fiscal officer of each township any portion of which
is
included within the territory sought to be annexed. Any
person
who signed the
petition for annexation
petition may remove
his
the
person's signature by filing with the clerk of the board of county
commissioners a written notice of withdrawal of
his
the person's
signature
within twenty days after
such a
the notice of filing is
delivered to
the
clerk
fiscal officer of the township in which
he
the person resides.
Thereafter,
signatures may be withdrawn or
removed only in the manner
authorized by section 709.032 of the
Revised Code.
Sec. 709.033. (A) After the hearing on a petition for annexation, the board of county commissioners shall enter upon its journal a resolution granting the annexation if it finds, based upon a preponderance of the substantial, reliable, and probative evidence on the whole record, that each of the following conditions has been met:
(1) The petition meets all the requirements set forth in, and was filed in the manner provided in, section 709.02 of the Revised Code.
(2) The persons who signed the petition are owners of real estate located in the territory proposed to be annexed in the petition, and, as of the time the petition was filed with the board of county commissioners, the number of valid signatures on the petition constituted a majority of the owners of real estate in that territory.
(3) The municipal corporation to which the territory is proposed to be annexed has complied with division (D) of section 709.03 of the Revised Code.
(4) The territory proposed to be annexed is not unreasonably large.
(5) On balance, the general good of the territory proposed to be annexed will be served, and the benefits to the territory proposed to be annexed and the surrounding area will outweigh the detriments to the territory proposed to be annexed and the surrounding area, if the annexation petition is granted. As used in division (A)(5) of this section, "surrounding area" means the territory within the unincorporated area of any township located one-half mile or less from any of the territory proposed to be annexed.
(6) No street or highway will be divided or segmented by the boundary line between a township and the municipal corporation as to create a road maintenance problem, or, if a street or highway will be so divided or segmented, the municipal corporation has agreed, as a condition of the annexation, that it will assume the maintenance of that street or highway. For the purposes of this division, "street" or "highway" has the same meaning as in section 4511.01 of the Revised Code.
(B) The board of county commissioners shall
enter upon
its
journal a resolution granting or
denying the
petition for
annexation within
thirty days after the
hearing
provided for in
section
709.032
of the Revised
Code.
The resolution shall include
specific findings of fact
as
to
whether each of the conditions
listed in divisions (A)(1)
to
(6)
of this section has been met.
Upon journalization of the
resolution,
the
clerk of the board
shall send a certified copy of
it to the agent for the
petitioners, the
clerk of the legislative
authority of the
municipal corporation to which
annexation is
proposed,
the clerk fiscal officer
of each township in which the territory
proposed for
annexation is
located, and the clerk of the board of
county commissioners of
each county in which the territory
proposed for annexation is
located other
than the county in which
the petition is filed. The
clerk of the board shall
take no
further action until the
expiration of thirty days after the date
of journalization.
(C) After the expiration of that thirty-day period, if no appeal has been timely filed under section 709.07 of the Revised Code, the clerk of the board of county commissioners shall take one of the following actions:
(1) If the board granted the petition for annexation, the clerk shall deliver a certified copy of the entire record of the annexation proceedings, including all resolutions of the board, signed by a majority of the members of the board, the petition, map, and all other papers on file, the recording of the proceedings, if a copy is available, and exhibits presented at the hearing relating to the annexation proceedings, to the auditor or clerk of the municipal corporation to which annexation is proposed.
(2) If the board denied the petition for annexation, the clerk shall send a certified copy of its resolution denying the annexation to the agent for the petitioners and to the clerk of the municipal corporation to which the annexation was proposed.
(D) If an appeal is filed in a timely manner under section 709.07 of the Revised Code from the determination of the board of county commissioners granting or denying the petition for annexation, the clerk of the board shall take further action only in accordance with that section.
Sec. 709.46. (A) If the question of merging one or more municipal corporations and the unincorporated area of a township, as provided in section 709.45 of the Revised Code, is disapproved by a majority of those voting on it in the township or a municipal corporation proposed to be merged or in the municipal corporation with which merger is proposed, no further petitions shall be filed under that section proposing the same merger for at least three years after the date of that disapproval.
If the question of merging is approved by a majority of those voting on it in each political subdivision proposed to be merged and in the municipal corporation with which merger is proposed, the five candidates from each of those political subdivisions shall be elected to the commission to formulate the conditions of merging the political subdivisions. The first meeting of the commission shall be held in the chamber of the legislative authority of the municipal corporation that has the smallest population or, in the case of a merger of the unincorporated area of a township and one or more municipal corporations, in the office of the board of township trustees, at nine a.m. on the tenth day after the certification of the election by the last of the respective boards of elections to make that certification, unless that day is a Saturday, Sunday, or holiday, in which case the first meeting shall be held on the next day thereafter which is not a Saturday, Sunday, or holiday.
The clerk of the municipal legislative authority or the fiscal officer of the board of township trustees in whose chamber or office the first meeting of the commission is held shall serve as temporary chairperson until permanent officers are elected. The commission shall elect its own permanent officers and shall proceed to meet as often as necessary to formulate conditions for merger that are satisfactory to a majority of the members of the commission from each political subdivision.
(B) In case of a vacancy on the commission, the vacancy shall be filled by an appointee of the legislative authority of the municipal corporation, or the board of township trustees of the township, that the prior commissioner represented. The person appointed to fill the vacancy shall be an elector of that political subdivision and, if the person is representing a township, shall reside in the unincorporated area of that township.
(C) The costs of the commission shall be divided among the participating political subdivisions in proportion to the population that each participating political subdivision bears to the total population of the territory proposed to be merged. For these purposes, a township's population shall be based solely upon the population of the unincorporated area of the township proposed to be merged. It shall be a proper public purpose for a municipal corporation or township to expend general fund moneys for these payments.
(D) All meetings of the commission shall be subject to the requirements of section 121.22 of the Revised Code.
Sec. 711.05. (A) Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify on it the date of
the
submission. Within five days of submission of the plat, the
board shall schedule a meeting to consider the plat and send a
written notice by regular mail to
the clerk fiscal officer of the board of township trustees of the township in
which the plat is located and the board of health of the health district in which the plat is located. The notice shall inform the trustees
and the board of health of the submission of the plat and of the date, time, and location
of any meeting at which the board of county commissioners will
consider or act upon the proposed plat. The meeting shall take
place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county
commissioners. The approval of the board required by section
711.041 of the Revised Code or the refusal to approve shall take
place within thirty days from the date of submission or such
further time as the applying party may agree to in writing;
otherwise, the plat is deemed approved and may be recorded as if
bearing such approval.
(B) The board may adopt general rules governing plats and subdivisions of land falling within its jurisdiction, to secure and provide for the coordination of the streets within the subdivision with existing streets and roads or with existing county highways, for the proper amount of open spaces for traffic, circulation, and utilities, and for the avoidance of future congestion of population detrimental to the public health, safety, or welfare, but shall not impose a greater minimum lot area than forty-eight hundred square feet. Before the board may amend or adopt rules, it shall notify all the townships in the county of the proposed amendments or rules by regular mail at least thirty days before the public meeting at which the proposed amendments or rules are to be considered.
The rules may require the board of health to review and comment on a plat before the board of county commissioners acts upon it and may also require proof of compliance with any applicable zoning resolutions, and with household sewage treatment rules adopted under section 3718.02 of the Revised Code, as a basis for approval of a plat. Where under section 711.101 of the Revised Code the board of county commissioners has set up standards and specifications for the construction of streets, utilities, and other improvements for common use, the general rules may require the submission of appropriate plans and specifications for approval. The board shall not require the person submitting the plat to alter the plat or any part of it as a condition for approval, as long as the plat is in accordance with general rules governing plats and subdivisions of land, adopted by the board as provided in this section, in effect at the time the plat was submitted and the plat is in accordance with any standards and specifications set up under section 711.101 of the Revised Code, in effect at the time the plat was submitted.
(C) The ground of refusal to approve any plat, submitted in accordance with section 711.041 of the Revised Code, shall be stated upon the record of the board, and, within sixty days thereafter, the person submitting any plat that the board refuses to approve may file a petition in the court of common pleas of the county in which the land described in the plat is situated to review the action of the board. A board of township trustees is not entitled to appeal a decision of the board of county commissioners under this section.
Sec. 711.10. (A) Whenever a county planning commission or a regional planning commission adopts a plan for the major streets or highways of the county or region, no plat of a subdivision of land within the county or region, other than land within a municipal corporation or land within three miles of a city or one and one-half miles of a village as provided in section 711.09 of the Revised Code, shall be recorded until it is approved by the county or regional planning commission under division (C) of this section and the approval is endorsed in writing on the plat.
(B) A county or regional planning commission may require the submission of a preliminary plan for each plat sought to be recorded. If the commission requires this submission, it shall provide for a review process for the preliminary plan. Under this review process, the planning commission shall give its approval, its approval with conditions, or its disapproval of each preliminary plan. The commission's decision shall be in writing, shall be under the signature of the secretary of the commission, and shall be issued within thirty-five business days after the submission of the preliminary plan to the commission. The disapproval of a preliminary plan shall state the reasons for the disapproval. A decision of the commission under this division is preliminary to and separate from the commission's decision to approve, conditionally approve, or refuse to approve a plat under division (C) of this section.
(C) Within five calendar days
after
the submission of a plat for
approval
under this division, the county or regional
planning
commission shall schedule a meeting to consider the plat
and send
a notice by regular mail or by electronic mail
to the clerk fiscal officer of the
board of
township trustees of the
township in which the plat is
located and the board of health of the health district in which the plat is located. The notice
shall
inform the trustees and the board of health of the submission
of the plat and of
the date, time, and location of any meeting at
which the county
or regional planning commission will consider or
act upon the
plat. The meeting shall take place within
thirty
calendar days
after submission of the plat, and no
meeting shall be held
until at
least seven calendar days have passed from
the date the
planning commission sent the notice.
The approval of the county or regional planning commission, the commission's conditional approval as described in this division, or the refusal of the commission to approve shall be endorsed on the plat within thirty calendar days after the submission of the plat for approval under this division or within such further time as the applying party may agree to in writing; otherwise that plat is deemed approved, and the certificate of the commission as to the date of the submission of the plat for approval under this division and the failure to take action on it within that time shall be sufficient in lieu of the written endorsement or evidence of approval required by this division.
A county or regional planning commission may grant conditional approval under this division to a plat by requiring a person submitting the plat to alter the plat or any part of it, within a specified period after the end of the thirty calendar days, as a condition for final approval under this division. Once all the conditions have been met within the specified period, the commission shall cause its final approval under this division to be endorsed on the plat. No plat shall be recorded until it is endorsed with the commission's final or unconditional approval under this division.
The ground of refusal of approval of any plat submitted under this division, including citation of or reference to the rule violated by the plat, shall be stated upon the record of the county or regional planning commission. Within sixty calendar days after the refusal under this division, the person submitting any plat that the commission refuses to approve under this division may file a petition in the court of common pleas of the proper county, and the proceedings on the petition shall be governed by section 711.09 of the Revised Code as in the case of the refusal of a planning authority to approve a plat. A board of township trustees is not entitled to appeal a decision of the commission under this division.
A county or regional planning commission shall adopt general rules, of uniform application, governing plats and subdivisions of land falling within its jurisdiction, to secure and provide for the proper arrangement of streets or other highways in relation to existing or planned streets or highways or to the county or regional plan, for adequate and convenient open spaces for traffic, utilities, access of firefighting apparatus, recreation, light, and air, and for the avoidance of congestion of population. The rules may provide for their modification by the commission in specific cases where unusual topographical and other exceptional conditions require the modification. The rules may require the board of health to review and comment on a plat before the commission acts upon it and also may require proof of compliance with any applicable zoning resolutions, and with household sewage treatment rules adopted under section 3718.02 of the Revised Code, as a basis for approval of a plat.
Before adoption of its rules or amendment of its rules, the commission shall hold a public hearing on the adoption or amendment. Notice of the public hearing shall be sent to all townships in the county or region by regular mail or electronic mail at least thirty business days before the hearing. No county or regional planning commission shall adopt any rules requiring actual construction of streets or other improvements or facilities or assurance of that construction as a condition precedent to the approval of a plat of a subdivision unless the requirements have first been adopted by the board of county commissioners after a public hearing. A copy of the rules shall be certified by the planning commission to the county recorders of the appropriate counties.
After a county or regional street or highway plan has been adopted as provided in this section, the approval of plats and subdivisions provided for in this section shall be in lieu of any approvals provided for in other sections of the Revised Code, insofar as the territory within the approving jurisdiction of the county or regional planning commission, as provided in this section, is concerned. Approval of a plat shall not be an acceptance by the public of the dedication of any street, highway, or other way or open space shown upon the plat.
No county or regional planning commission shall require a person submitting a plat to alter the plat or any part of it as long as the plat is in accordance with the general rules governing plats and subdivisions of land, adopted by the commission as provided in this section, in effect at the time the plat is submitted.
A county or regional planning commission and a city or village planning commission, or platting commissioner or legislative authority of a village, with subdivision regulation jurisdiction over unincorporated territory within the county or region may cooperate and agree by written agreement that the approval of a plat by the city or village planning commission, or platting commissioner or legislative authority of a village, as provided in section 711.09 of the Revised Code, shall be conditioned upon receiving advice from or approval by the county or regional planning commission.
(D) As used in this section, "business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
Sec. 715.691. (A) As used in this section:
(1) "Contracting party" means a municipal corporation that
has entered into a joint economic development zone contract or
any
party succeeding to
such a
the municipal corporation, or a
township that
entered into a joint economic development zone
contract with a municipal
corporation.
(2) "Zone" means a joint economic development zone designated under this section.
(B) This section provides alternative procedures and requirements for creating and operating a joint economic development zone to those set forth in section 715.69 of the Revised Code. This section applies only if one of the contracting parties to the zone does not levy a municipal income tax under Chapter 718. of the Revised Code. A municipal corporation that does not levy a municipal income tax may enter into an agreement to create and operate a joint economic development zone under this section or under section 715.69 of the Revised Code.
Two or more municipal corporations or one or more townships and one or more municipal corporations may enter into a contract whereby they agree to share in the costs of improvements for an area or areas located in one or more of the contracting parties that they designate as a joint economic development zone for the purpose of facilitating new or expanded growth for commercial or economic development in the state. The contract and zone shall meet the requirements of divisions (B) to (J) of this section.
(C) The contract shall set forth each contracting party's contribution to the joint economic development zone. The contributions may be in any form that the contracting parties agree to, and may include, but are not limited to, the provision of services, money, or equipment. The contract may be amended, renewed, or terminated with the consent of the contracting parties. The contract shall continue in existence throughout the term it specifies and shall be binding on the contracting parties and on any entities succeeding to the contracting parties.
(D) Before the legislative authority of any of the
contracting
parties enacts an ordinance or resolution approving a
contract to
designate a joint economic
development zone, the
legislative authority of each of the contracting parties
shall
hold a public hearing concerning the contract and zone. Each
such
legislative authority shall provide at least thirty days' public
notice of the
time and place of the public hearing in a newspaper
of general circulation in
the municipal corporation or township.
During the thirty-day period
prior to the public
hearing, all of
the following documents shall be available for public
inspection
in the office of the clerk of the legislative authority of
each
a
municipal corporation that is a contracting party and in the
office of the fiscal officer of
the
a township that is a
contracting
parties
party:
(1) A copy of the contract designating the zone;
(2) A description of the area or areas to be included in the zone, including a map in sufficient detail to denote the specific boundaries of the area or areas;
(3) An economic development plan for the zone that includes a schedule for the provision of any new, expanded, or additional services, facilities, or improvements.
A public hearing held under division (D) of this section shall allow for public comment and recommendations on the contract and zone. The contracting parties may include in the contract any of those recommendations prior to approval of the contract.
(E) After the public hearings required under division
(D) of
this section have been held, each contracting party may enact
an
ordinance or resolution approving the contract to designate a
joint
economic development
zone. After each contracting party has
enacted
such an ordinance or
resolution, the clerk of the
legislative authority of
each
a municipal corporation that is a
contracting party and the fiscal officer of a township that is a
contracting party
shall file with the board of elections of each
county within which a
contracting party is located a copy of the
ordinance or resolution approving
the contract and shall direct
the board of elections to submit the ordinance
or resolution to
the electors of the contracting party on
the day of the next
general, primary, or special election occurring at least
seventy-five days after the ordinance or resolution is filed with
the board of
elections. If any of the contracting parties is a
township, however, then
only the township or townships shall
submit the resolution to the electors.
(F)(1) If a vote is required to approve a municipal corporation as a contracting party to a joint economic development zone under this section, the ballot shall be in the following form:
"Shall the ordinance of the legislative authority of the (city or village) of (name of contracting party) approving the contract with (name of each other contracting party) for the designation of a joint economic development zone be approved?
FOR THE ORDINANCE AND CONTRACT | |||
AGAINST THE ORDINANCE AND CONTRACT | " |
(2) If a vote is required to approve a township as a contracting party to a joint economic development zone under this section, the ballot shall be in the following form:
"Shall the resolution of the board of township trustees of the township of (name of contracting party) approving the contract with (name of each other contracting party) for the designation of a joint economic development zone be approved?
FOR THE RESOLUTION AND CONTRACT | |||
AGAINST THE RESOLUTION AND CONTRACT | " |
If a majority of the electors of each contracting party voting on the issue vote for the ordinance or resolution and contract, the ordinance or resolution shall become effective immediately and the contract shall go into effect immediately or in accordance with its terms.
(G)(1) A board of directors shall govern each joint economic development zone created under section 715.691 of the Revised Code. The members of the board shall be appointed as provided in the contract. Each of the contracting parties shall appoint three members to the board. Terms for each member shall be for two years, each term ending on the same day of the month of the year as did the term that it succeeds. A member may be reappointed to the board.
(2) Membership on the board is not the holding of a public office or employment within the meaning of any section of the Revised Code or any charter provision prohibiting the holding of other public office or employment. Membership on the board is not a direct or indirect interest in a contract or expenditure of money by a municipal corporation, township, county, or other political subdivision with which a member may be affiliated. Notwithstanding any provision of law or a charter to the contrary, no member of the board shall forfeit or be disqualified from holding any public office or employment by reason of membership on the board.
(3) The board is a public body for the purposes of section 121.22 of the Revised Code. Chapter 2744. of the Revised Code applies to the board and the zone.
(H) The contract may grant to the board of directors appointed under division (G) of this section the power to adopt a resolution to levy an income tax within the zone. The income tax shall be used for the purposes of the zone and for the purposes of the contracting municipal corporations pursuant to the contract. The income tax may be levied in the zone based on income earned by persons working within the zone and on the net profits of businesses located in the zone. The income tax is subject to Chapter 718. of the Revised Code, except that a vote shall be required by the electors residing in the zone to approve the rate of income tax unless a majority of the electors residing within the zone, as determined by the total number of votes cast in the zone for the office of governor at the most recent general election for that office, submit a petition to the board requesting that the election provided for in division (H)(1) of this section not be held. If no electors reside within the zone, then division (H)(3) of this section applies. The rate of the income tax shall be no higher than the highest rate being levied by a municipal corporation that is a party to the contract.
(1) The board of directors may levy an income tax at a rate that is not higher than the highest rate being levied by a municipal corporation that is a party to the contract, provided that the rate of the income tax is first submitted to and approved by the electors of the zone at the succeeding regular or primary election, or a special election called by the board, occurring subsequent to seventy-five days after a certified copy of the resolution levying the income tax and calling for the election is filed with the board of elections. If the voters approve the levy of the income tax, the income tax shall be in force for the full period of the contract establishing the zone. No election shall be held under this section if a majority of the electors residing within the zone, determined as specified in division (H) of this section, submit a petition to that effect to the board of directors. Any increase in the rate of an income tax by the board of directors shall be approved by a vote of the electors of the zone and shall be in force for the remaining period of the contract establishing the zone.
(2) Whenever a zone is located in the territory of more than one contracting party, a majority vote of the electors in each of the several portions of the territory of the contracting parties constituting the zone approving the levy of the tax is required before it may be imposed under division (H) of this section.
(3) If no electors reside in the zone, no election for the approval or rejection of an income tax shall be held under this section, provided that where no electors reside in the zone, the rate of the income tax shall be no higher than the highest rate being levied by a municipal corporation that is a party to the contract.
(4) The board of directors of a zone levying an income tax shall enter into an agreement with one of the municipal corporations that is a party to the contract to administer, collect, and enforce the income tax on behalf of the zone.
(5) The board of directors of a zone shall publish or post public notice within the zone of any resolution adopted levying an income tax in the same manner required of municipal corporations under sections 731.21 and 731.25 of the Revised Code.
(I)(1) If for any reason a contracting party reverts to or has its boundaries changed so that it is classified as a township that is the entity succeeding to that contracting party, the township is considered to be a municipal corporation for the purposes of the contract for the full period of the contract establishing the joint economic development zone, except that if that contracting party is administering, collecting, and enforcing the income tax on behalf of the district as provided in division (H)(4) of this section, the contract shall be amended to allow one of the other contracting parties to administer, collect, and enforce that tax.
(2) Notwithstanding any other section of the Revised Code,
if there is any
change in the boundaries of a township so that a
municipal corporation once
located within the township is no
longer so located, the township shall remain
in existence even
though its remaining unincorporated area contains less than
twenty-two square miles, if the township
has been or becomes a
party to a contract
creating a joint economic development zone
under this section or the contract
creating that joint economic
development zone under this section is terminated
or repudiated
for any reason by any party or person. The township shall
continue its existing status in all respects, including having the
same form
of government and the same elected board of trustees as
its governing body.
The township shall continue to receive all of
its tax levies and sources of
income as a township
in accordance
with any section of the Revised
Code, whether
such
the levies and
sources of
income generate millage within the ten-mill limitation
or in excess of the
ten-mill limitation. The name of the township
may be changed to the name of the contracting party appearing in
the contract
creating a joint economic development zone under this
section, so long as the
name does not conflict with any other name
in the state that has been
certified by the secretary of state.
The township shall have all of the
powers set out in sections
715.79, 715.80, and 715.81 of the Revised Code.
(J) If, after creating and operating a joint economic development zone under this section, a contracting party that did not levy a municipal income tax under Chapter 718. of the Revised Code levies such a tax, the tax shall not apply to the zone for the full period of the contract establishing the zone, if the board of directors of the zone has levied an income tax as provided in division (H) of this section.
Sec. 715.70. (A) This section and section 715.71 of the Revised Code apply only to:
(1) Municipal corporations and townships within a county that has adopted a charter under Sections 3 and 4 of Article X, Ohio Constitution;
(2) Municipal corporations and townships that have created a joint economic development district comprised entirely of real property owned by a municipal corporation at the time the district was created under this section. The real property owned by the municipal corporation shall include an airport owned by the municipal corporation and located entirely beyond the municipal corporation's corporate boundary.
(3) Municipal corporations or townships that are part of or contiguous to a transportation improvement district created under Chapter 5540. of the Revised Code and that have created a joint economic development district under this section or section 715.71 of the Revised Code prior to November 15, 1995;
(4) Municipal corporations that have previously entered into a contract creating a joint economic development district pursuant to division (A)(2) of this section, even if the territory to be included in the district does not meet the requirements of that division.
(B)(1) One or more municipal corporations and one or more townships may enter into a contract approved by the legislative authority of each contracting party pursuant to which they create as a joint economic development district an area or areas for the purpose of facilitating economic development to create or preserve jobs and employment opportunities and to improve the economic welfare of the people in the state and in the area of the contracting parties. A municipal corporation described in division (A)(4) of this section may enter into a contract with other municipal corporations and townships to create a new joint economic development district. In a district that includes a municipal corporation described in division (A)(4) of this section, the territory of each of the contracting parties shall be contiguous to the territory of at least one other contracting party, or contiguous to the territory of a township or municipal corporation that is contiguous to another contracting party, even if the intervening township or municipal corporation is not a contracting party. The area or areas of land to be included in the district shall not include any parcel of land owned in fee by a municipal corporation or a township or parcel of land that is leased to a municipal corporation or a township, unless the municipal corporation or township is a party to the contract or unless the municipal corporation or township has given its consent to have its parcel of land included in the district by the adoption of a resolution. As used in this division, "parcel of land" means any parcel of land owned by a municipal corporation or a township for at least a six-month period within a five-year period prior to the creation of a district, but "parcel of land" does not include streets or public ways and sewer, water, and other utility lines whether owned in fee or otherwise.
The district created shall be located within the territory of one or more of the participating parties and may consist of all or a portion of such territory. The boundaries of the district shall be described in the contract or in an addendum to the contract.
(2) Prior to the public hearing to be held pursuant to division (D)(2) of this section, the participating parties shall give a copy of the proposed contract to each municipal corporation located within one-quarter mile of the proposed joint economic development district and not otherwise a party to the contract, and afford the municipal corporation the reasonable opportunity, for a period of thirty days following receipt of the proposed contract, to make comments and suggestions to the participating parties regarding elements contained in the proposed contract.
(3) The district shall not exceed two thousand acres in area. The territory of the district shall not completely surround territory that is not included within the boundaries of the district.
(4) Sections 503.07 to 503.12 of the Revised Code do not apply to territory included within a district created pursuant to this section as long as the contract creating the district is in effect, unless the legislative authority of each municipal corporation and the board of township trustees of each township included in the district consent, by ordinance or resolution, to the application of those sections of the Revised Code.
(5) Upon the execution of the contract creating the district by the parties to the contract, a participating municipal corporation or township included within the district shall file a copy of the fully executed contract with the county recorder of each county within which a party to the contract is located, in the miscellaneous records of the county. No annexation proceeding pursuant to Chapter 709. of the Revised Code that proposes the annexation to, merger, or consolidation with a municipal corporation of any unincorporated territory within the district shall be commenced for a period of three years after the contract is filed with the county recorder of each county within which a party to the contract is located unless each board of township trustees whose territory is included, in whole or part, within the district and the territory proposed to be annexed, merged, or consolidated adopts a resolution consenting to the commencement of the proceeding and a copy of the resolution is filed with the legislative authority of each county within which a party to the contract is located or unless the contract is terminated during this period.
The contract entered into between the municipal corporations and townships pursuant to this section may provide for the prohibition of any annexation by the participating municipal corporations of any unincorporated territory within the district beyond the three-year mandatory prohibition of any annexation provided for in division (B)(5) of this section.
(C)(1) After the legislative authority of a municipal corporation and the board of township trustees have adopted an ordinance and resolution approving a contract to create a joint economic development district pursuant to this section, and after a contract has been signed, the municipal corporations and townships shall jointly file a petition with the legislative authority of each county within which a party to the contract is located.
(a) The petition shall contain all of the following:
(i) A statement that the area or areas of the district is not greater than two thousand acres and is located within the territory of one or more of the contracting parties;
(ii) A brief summary of the services to be provided by each party to the contract or a reference to the portion of the contract describing those services;
(iii) A description of the area or areas to be designated as the district;
(iv) The signature of a representative of each of the contracting parties.
(b) The following documents shall be filed with the petition:
(i) A signed copy of the contract, together with copies of district maps and plans related to or part of the contract;
(ii) A certified copy of the ordinances and resolutions of the contracting parties approving the contract;
(iii) A certificate from each of the contracting parties indicating that the public hearings required by division (D)(2) of this section have been held, the date of the hearings, and evidence of publication of the notice of the hearings;
(iv) One or more signed
statements of persons who are
owners
of property located in whole or in part within the area to be
designated as
the district, requesting that
such
the property be
included within the district, provided that those statements
shall
represent a majority of the persons owning property located in
whole or
in part within the district and persons owning a majority
of
the acreage located within the
district. A signature may be
withdrawn by the signer up to but not after
the time of the public
hearing required by division (D)(2) of this
section.
(2) The legislative authority of each county within which a party to the contract is located shall adopt a resolution approving the petition for the creation of the district if the petition and other documents have been filed in accordance with the requirements of division (C)(1) of this section. If the petition and other documents do not substantially meet the requirements of that division, the legislative authority of any county within which a party to the contract is located may adopt a resolution disapproving the petition for the creation of the district. The legislative authority of each county within which a party to the contract is located shall adopt a resolution approving or disapproving the petition within thirty days after the petition was filed. If the legislative authority of each such county does not adopt the resolution within the thirty-day period, the petition shall be deemed approved and the contract shall go into effect immediately after that approval or at such other time as the contract specifies.
(D)(1) The contract creating the district shall set forth or provide for the amount or nature of the contribution of each municipal corporation and township to the development and operation of the district and may provide for the sharing of the costs of the operation of and improvements for the district. The contributions may be in any form to which the contracting municipal corporations and townships agree and may include but are not limited to the provision of services, money, real or personal property, facilities, or equipment. The contract may provide for the contracting parties to share revenue from taxes levied on property by one or more of the contracting parties if those revenues may lawfully be applied to that purpose under the legislation by which those taxes are levied. The contract shall provide for new, expanded, or additional services, facilities, or improvements, including expanded or additional capacity for or other enhancement of existing services, facilities, or improvements, provided that those services, facilities, or improvements, or expanded or additional capacity for or enhancement of existing services, facilities, or improvements, required herein have been provided within the two-year period prior to the execution of the contract.
(2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall each hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing
in
a newspaper of general circulation in the municipal
corporation
and the township. The board of township trustees
may provide
additional notice to township residents
in accordance with
section
9.03 of the Revised Code, and any
such additional
notice shall
include
the public hearing announcement; a summary of the terms of
the
contract; a statement that the entire
text of the
contract and
district maps and plans are on file for public
examination in the
office of the township
clerk
fiscal officer; and information
pertaining to any tax changes
which
that will or may occur as a
result
of the contract.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township
clerk
fiscal officer. The public hearing provided for in
division (D)(2) of this
section shall allow for public comment and
recommendations from the
public on the proposed contract. The
contracting parties may include in
the contract any of those
recommendations prior to the approval of the
contract.
(3) Any resolution of the board of township trustees that approves a contract that creates a joint economic development district pursuant to this section shall be subject to a referendum of the electors of the township. When a referendum petition, signed by ten per cent of the number of electors in the township who voted for the office of governor at the most recent general election for the office of governor, is presented to the board of township trustees within thirty days after the board of township trustees adopted the resolution, ordering that the resolution be submitted to the electors of the township for their approval or rejection, the board of township trustees shall, after ten days and not later than four p.m. of the seventy-fifth day before the election, certify the text of the resolution to the board of elections. The board of elections shall submit the resolution to the electors of the township for their approval or rejection at the next general, primary, or special election occurring subsequent to seventy-five days after the certifying of the petition to the board of elections.
(4) Upon the creation of a district under this section or section 715.71 of the Revised Code, one of the contracting parties shall file a copy of the following with the director of development:
(a) The petition and other documents described in division (C)(1) of this section, if the district is created under this section;
(b) The documents described in division (D) of section
715.71 of the Revised Code, if the district is created under this
section;.
(E) The district created by the contract shall be governed by a board of directors that shall be established by or pursuant to the contract. The board is a public body for the purposes of section 121.22 of the Revised Code. The provisions of Chapter 2744. of the Revised Code apply to the board and the district. The members of the board shall be appointed as provided in the contract from among the elected members of the legislative authorities and the elected chief executive officers of the contracting parties, provided that there shall be at least two members appointed from each of the contracting parties.
(F) The contract shall enumerate the specific powers, duties, and functions of the board of directors of a district, and the contract shall provide for the determination of procedures that are to govern the board of directors. The contract may grant to the board the power to adopt a resolution to levy an income tax within the district. The income tax shall be used for the purposes of the district and for the purposes of the contracting municipal corporations and townships pursuant to the contract. The income tax may be levied in the district based on income earned by persons working or residing within the district and based on the net profits of businesses located in the district. The income tax shall follow the provisions of Chapter 718. of the Revised Code, except that a vote shall be required by the electors residing in the district to approve the rate of income tax. If no electors reside within the district, then division (F)(4) of this section applies. The rate of the income tax shall be no higher than the highest rate being levied by a municipal corporation that is a party to the contract.
(1) Within one hundred eighty days after the first meeting of the board of directors, the board may levy an income tax, provided that the rate of the income tax is first submitted to and approved by the electors of the district at the succeeding regular or primary election, or a special election called by the board, occurring subsequent to seventy-five days after a certified copy of the resolution levying the income tax and calling for the election is filed with the board of elections. If the voters approve the levy of the income tax, the income tax shall be in force for the full period of the contract establishing the district. Any increase in the rate of an income tax that was first levied within one hundred eighty days after the first meeting of the board of directors shall be approved by a vote of the electors of the district, shall be in force for the remaining period of the contract establishing the district, and shall not be subject to division (F)(2) of this section.
(2) Any resolution of the board of directors levying an income tax that is adopted subsequent to one hundred eighty days after the first meeting of the board of directors shall be subject to a referendum as provided in division (F)(2) of this section. Any resolution of the board of directors levying an income tax that is adopted subsequent to one hundred eighty days after the first meeting of the board of directors shall be subject to an initiative proceeding to amend or repeal the resolution levying the income tax as provided in division (F)(2) of this section. When a referendum petition, signed by ten per cent of the number of electors in the district who voted for the office of governor at the most recent general election for the office of governor, is filed with the county auditor of each county within which a party to the contract is located within thirty days after the resolution is adopted by the board or when an initiative petition, signed by ten per cent of the number of electors in the district who voted for the office of governor at the most recent general election for the office of governor, is filed with the county auditor of each such county ordering that a resolution to amend or repeal a prior resolution levying an income tax be submitted to the electors within the district for their approval or rejection, the county auditor of each such county, after ten days and not later than four p.m. of the seventy-fifth day before the election, shall certify the text of the resolution to the board of elections of that county. The county auditor of each such county shall retain the petition. The board of elections shall submit the resolution to such electors, for their approval or rejection, at the next general, primary, or special election occurring subsequent to seventy-five days after the certifying of such petition to the board of elections.
(3) Whenever a district is located in the territory of more than one contracting party, a majority vote of the electors, if any, in each of the several portions of the territory of the contracting parties constituting the district approving the levy of the tax is required before it may be imposed pursuant to this division.
(4) If there are no electors residing in the district, no election for the approval or rejection of an income tax shall be held pursuant to this section, provided that where no electors reside in the district, the maximum rate of the income tax that may be levied shall not exceed one per cent.
(5) The board of directors of a district levying an income tax shall enter into an agreement with one of the municipal corporations that is a party to the contract to administer, collect, and enforce the income tax on behalf of the district. The resolution levying the income tax shall provide the same credits, if any, to residents of the district for income taxes paid to other such districts or municipal corporations where the residents work, as credits provided to residents of the municipal corporation administering the income tax.
(6)(a) The board shall publish or post public notice within the district of any resolution adopted levying an income tax in the same manner required of municipal corporations under sections 731.21 and 731.25 of the Revised Code.
(b) Except as otherwise specified by this division, any referendum or initiative proceeding within a district shall be conducted in the same manner as is required for such proceedings within a municipal corporation pursuant to sections 731.28 to 731.40 of the Revised Code.
(G) Membership on the board of directors does not constitute the holding of a public office or employment within the meaning of any section of the Revised Code or any charter provision prohibiting the holding of other public office or employment, and shall not constitute an interest, either direct or indirect, in a contract or expenditure of money by any municipal corporation, township, county, or other political subdivision with which the member may be connected. No member of a board of directors shall be disqualified from holding any public office or employment, nor shall such member forfeit or be disqualified from holding any such office or employment, by reason of the member's membership on the board of directors, notwithstanding any law or charter provision to the contrary.
(H) The powers and authorizations granted pursuant to this section or section 715.71 of the Revised Code are in addition to and not in derogation of all other powers granted to municipal corporations and townships pursuant to law. When exercising a power or performing a function or duty under a contract authorized pursuant to this section or section 715.71 of the Revised Code, a municipal corporation may exercise all of the powers of a municipal corporation, and may perform all the functions and duties of a municipal corporation, within the district, pursuant to and to the extent consistent with the contract. When exercising a power or performing a function or duty under a contract authorized pursuant to this section or section 715.71 of the Revised Code, a township may exercise all of the powers of a township, and may perform all the functions and duties of a township, within the district, pursuant to and to the extent consistent with the contract. The district board of directors has no powers except those specifically set forth in the contract as agreed to by the participating parties. No political subdivision shall authorize or grant any tax exemption pursuant to Chapter 1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the Revised Code on any property located within the district, except that a political subdivision that is a contracting party may grant a tax exemption under section 5709.62, 5709.63, or 5709.632 of the Revised Code on property located within the district, with the consent of the other contracting parties. The prohibition for any tax exemption pursuant to this division shall not apply to any exemption filed, pending, or approved, or for which an agreement has been entered into, before the effective date of the contract entered into by the parties.
(I) Municipal corporations and townships may enter into binding agreements pursuant to a contract authorized under this section or section 715.71 of the Revised Code with respect to the substance and administration of zoning and other land use regulations, building codes, public permanent improvements, and other regulatory and proprietary matters that are determined, pursuant to the contract, to be for a public purpose and to be desirable with respect to the operation of the district or to facilitate new or expanded economic development in the state or the district, provided that no contract shall exempt the territory within the district from the procedures and processes of land use regulation applicable pursuant to municipal corporation, township, and county regulations, including but not limited to procedures and processes concerning zoning.
(J) A contract entered into pursuant to this section or section 715.71 of the Revised Code may be amended and it may be renewed, canceled, or terminated as provided in or pursuant to the contract. The contract may be amended to add property owned by one of the contracting parties to the district, or may be amended to delete property from the district whether or not one of the contracting parties owns the deleted property. The contract shall continue in existence throughout its term and shall be binding on the contracting parties and on any entities succeeding to such parties, whether by annexation, merger, or otherwise. The income tax levied by the board pursuant to this section or section 715.71 of the Revised Code shall apply in the entire district throughout the term of the contract, notwithstanding that all or a portion of the district becomes subject to annexation, merger, or incorporation. No township or municipal corporation is divested of its rights or obligations under the contract because of annexation, merger, or succession of interests.
(K) After the creation of a joint economic development district described in division (A)(2) of this section, a municipal corporation that is a contracting party may cease to own property included in the district, but such property shall continue to be included in the district and subject to the terms of the contract.
Sec. 715.71. (A) This section provides alternative procedures and requirements to those set forth in section 715.70 of the Revised Code for creating and operating a joint economic development district. Divisions (B), (C), (D)(1) to (3), and (F) of section 715.70 of the Revised Code do not apply to a joint economic development district established under this section. However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K) of section 715.70 of the Revised Code do apply to a district established under this section.
(B) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district one or more areas for
the
purpose of facilitating economic development to create or
preserve
jobs and employment opportunities and to improve the
economic
welfare of the people in this state and in the area of
the
contracting parties. The district created shall be located
within
the territory of one or more of the contracting parties
and may
consist of all or a portion of
such
that territory. The
boundaries of the district shall be described in the contract or
in an addendum to the contract. The area or areas of land to be
included in the district shall not include any parcel of land
owned in fee by or leased to a municipal corporation or township,
unless the municipal corporation or township is a party to the
contract or has given its consent to have its parcel of land
included in the district by the adoption of a resolution. As
used
in this division, "parcel of land" has the same meaning as
in
division (B) of section 715.70 of the Revised Code.
(C) Before the legislative authority of a municipal
corporation or a board of township trustees adopts an ordinance
or
resolution approving a contract to create a joint economic
development district under this section, it shall hold a public
hearing concerning the joint economic development district
contract and shall provide thirty days' public notice of the time
and place of the public hearing in a newspaper of general
circulation in the municipal corporation and the township. Each
municipal corporation and township that is a party to the
contract
shall hold a public hearing. During the thirty-day
period prior
to a public hearing, a copy of the text of the
contract together
with copies of district maps and plans related
to or part of the
contract shall be on file, for public
examination, in the offices
of the clerk of the legislative
authority of the municipal
corporation and of the township
clerk
fiscal officer. The
public
hearings provided for in this division shall allow for
public
comment and recommendations on the proposed contract. The
participating parties may include in the contract any of those
recommendations prior to approval of the contract.
(D) After the legislative authority of a municipal corporation and the board of township trustees have adopted an ordinance and resolution approving a contract to create a joint economic development district, the municipal corporation and the township jointly shall file with the legislative authority of each county within which a party to the contract is located all of the following:
(1) A signed copy of the contract, together with copies of district maps and plans related to or part of the contract;
(2) Certified copies of the ordinances and resolutions of the contracting parties relating to the district and the contract;
(3) A certificate of each of the contracting parties that
the public hearings provided for in division (C) of this section
have been held, the date of
such
the hearings, and evidence of
publication of the notice of
such
the hearings.
(E) Within thirty days after the filing under division (D)
of this section, the legislative authority of each county within
which a party to the contract is located shall adopt a resolution
acknowledging the receipt of the required documents, approving
the
creation of the joint economic development district, and
directing
that the resolution of the board of township trustees
approving
the contract be submitted to the electors of the
township for
approval at the next succeeding general, primary, or
special
election. The legislative authority of the county shall
file with
the board of elections at least seventy-five days
before the day
of the election a copy of the resolution of the
board of township
trustees approving the contract. The
resolution of the
legislative authority of the county also shall
specify the date
the election is to be held and shall direct the
board of elections
to conduct the election in the township. If
the resolution of the
legislative authority of the county is not
adopted within the
thirty-day period after the filing under
division (D) of this
section, the joint economic development
district shall be deemed
approved by the county legislative
authority, and the board of
township trustees shall file its
resolution with the board of
elections for submission to the
electors of the township for
approval at the next succeeding
general, primary, or special
election.
Such
The filing shall occur
at least seventy-five days
before the specified date the election
is to be held and shall
direct the board of elections to conduct
the election in the
township.
The ballot shall be in the following form:
"Shall the resolution of the board of township trustees approving the contract with ............... (here insert name of each municipal corporation and other township that is a party to the contract) for the creation of a joint economic development district be approved?
FOR THE RESOLUTION AND CONTRACT | |||
AGAINST THE RESOLUTION AND CONTRACT | " |
If a majority of the electors of the township voting on the issue vote for the resolution and contract, the resolution shall become effective immediately and the contract shall go into effect immediately or in accordance with its terms.
(F) The contract creating the district shall set forth or provide for the amount or nature of the contribution of each municipal corporation and township to the development and operation of the district and may provide for the sharing of the costs of the operation of and improvements for the district. The contributions may be in any form to which the contracting municipal corporations and townships agree and may include but are not limited to the provision of services, money, real or personal property, facilities, or equipment. The contract may provide for the contracting parties to share revenue from taxes levied on property by one or more of the contracting parties if those revenues may lawfully be applied to that purpose under the legislation by which those taxes are levied. The contract shall provide for new, expanded, or additional services, facilities, or improvements, including expanded or additional capacity for or other enhancement of existing services, facilities, or improvements, provided that the existing services, facilities, or improvements, or the expanded or additional capacity for or enhancement of the existing services, facilities, or improvements, have been provided within the two-year period prior to the execution of the contract.
(G) The contract shall enumerate the specific powers, duties, and functions of the board of directors of the district and shall provide for the determination of procedures that are to govern the board of directors. The contract may grant to the board the power to adopt a resolution to levy an income tax within the district. The income tax shall be used for the purposes of the district and for the purposes of the contracting municipal corporations and townships pursuant to the contract. The income tax may be levied in the district based on income earned by persons working or residing within the district and based on the net profits of businesses located in the district. The income tax of the district shall follow the provisions of Chapter 718. of the Revised Code, except that no vote shall be required by the electors residing in the district. The rate of the income tax shall be no higher than the highest rate being levied by a municipal corporation that is a party to the contract.
The board of directors of a district levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district.
The
resolution levying the income tax shall provide the same
credits,
if any, to residents of the district for income taxes
paid to
other
such districts or municipal corporations where the
residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(H) No annexation proceeding pursuant to Chapter 709. of the Revised Code that proposes the annexation to or merger or consolidation with a municipal corporation, except a municipal corporation that is a party to the contract, of any unincorporated territory within the district shall be commenced for a period of three years after the contract is filed with the legislative authority of each county within which a party to the contract is located in accordance with division (D) of this section unless each board of township trustees whose territory is included, in whole or part, within the district and the territory proposed to be annexed, merged, or consolidated adopts a resolution consenting to the commencement of the proceeding and a copy of the resolution is filed with the legislative authority of each such county or unless the contract is terminated during this three-year period. The contract entered into between the municipal corporations and townships pursuant to this section may provide for the prohibition of any annexation by the participating municipal corporations of any unincorporated territory within the district.
Sec. 715.75. Before the legislative authority of any
of the
contracting parties adopts an
ordinance or resolution approving a
contract to create a joint
economic development district, the
legislative authority
of each of the contracting parties shall
hold a public hearing concerning the
contract and district. Each
such legislative authority shall provide at
least thirty days'
public notice of the time and place of the
public hearing in a
newspaper of general circulation in the
municipal corporation or
township, as applicable. During the thirty-day
period
prior to
the public hearing and until the filing is made under section
715.76
of the Revised Code, all of the following documents
shall
be available for public inspection in the office of the
clerk of
the legislative authority of
each
a municipal corporation that is
a contracting party and in the office of the fiscal officer of
the
a township that is a contracting
parties
party:
(A) A copy of the contract creating the district;
(B) A description of the area or areas to be included in the district, including a map in sufficient detail to denote the specific boundaries of the area or areas and to indicate any zoning restrictions applicable to the area or areas;
(C) An economic development plan for the district that consists of both of the following schedules:
(1) A schedule for the provision of the new, expanded, or additional services, facilities, or improvements described in division (A) of section 715.74 of the Revised Code;
(2) A schedule for the collection of an income tax levied under division (C) of section 715.74 of the Revised Code.
A public hearing held under this section shall allow for public comment and recommendations on the contract and district. The contracting parties may include in the contract any of those recommendations prior to approval of the contract.
Before any of the contracting parties approves a contract under section 715.76 of the Revised Code, the contracting parties shall deliver a copy of the contract to the board of county commissioners of each county in which a contracting party is located. Any such county may enter into an agreement with the contracting parties regarding the provision of services by the county within the proposed district and may enter into an agreement with the contracting parties to extend services to the area or areas to be included in the district.
Sec. 715.76. After the public hearings required under
section 715.75 of the Revised Code have been held, each
contracting party may adopt an ordinance or resolution approving
the contract to create a joint economic development district.
After each contracting party has adopted
such an ordinance or
resolution, the contracting parties jointly shall file with the
legislative authority of each county within which a contracting
party is located all of the following documents:
(A) A signed copy of the contract;
(B) A description of the area or areas to be included in the district, including a map in sufficient detail to denote the specific boundaries of the area or areas and to indicate any zoning restrictions applicable to the area or areas;
(C) The economic development plan described in division (C) of section 715.75 of the Revised Code;
(D) Certified copies of the ordinances and resolutions of the contracting parties relating to the contract and district;
(E) A certificate of each contracting party that the public hearings required by section 715.75 of the Revised Code have been held, the date of the hearings, and evidence of publication of the notice of the hearings;
(F) A petition signed by a majority of the owners of property located within the area or areas to be included in the district;
(G) A petition signed by a majority of the owners of businesses, if any, located within the area or areas to be included in the district.
The petitions described in divisions (F) and (G)
of this
section shall specify that all of the documents
described in
divisions (A)
through
to (C) of section 715.75 of the Revised Code
are available for public inspection in the office of the clerk of
the
legislative
authority of each municipal corporation that is a
contracting
party or the office of the
township clerk
fiscal
officer of each township that is a
contracting party.
Not later than ten days after all of the documents described
in divisions
(A) to (G) of this
section have been filed, each
contracting party shall give notice to those
owners of property
within the area or areas to be included in the district who
did
not sign the petition described in division (F) of this section
and whose property is located within the boundaries of that
contracting party
and to those owners of businesses, if any,
within the area or areas to be
included in the district who did
not sign the petition described in division
(G) of this section
and whose property is located within the
boundaries of that
contracting party. Notice shall be given by certified mail
and
shall specify that the owners of property and businesses are
located
within the area or areas to be included in the district
and that all of the
documents described in divisions (A) to (C) of
section
715.75 of the Revised Code are available for public
inspection in the office of the clerk of
the legislative authority
of each municipal corporation that is a contracting
party or the
office of the
township clerk
fiscal officer of each township that
is a
contracting party. The contracting parties shall equally
bear the cost of
providing notice under this section.
If the contracting parties do not file all of the
documents
described in divisions (A)
through
to (G) of this section, the
legislative authority of a county within which a contracting
party
is located may adopt a resolution disapproving the
creation of the
joint economic development district. In
addition, the legislative
authority of
such a
the county may adopt a
resolution disapproving
the creation of the district if it
determines, in written findings
of fact, that each contracting
party did not enter into the
contract freely and without
duress or coercion.
Sec. 971.05. The cost due the township
clerk
fiscal officer
and the board of township
trustees for making the assignment set
forth in section 971.04 of the Revised
Code, shall be taxed
equally against each of the persons, and, if not paid to
the
clerk
fiscal officer within thirty days from the date of
such
the
assignment, shall be
certified by
him
the fiscal officer to the
county auditor, with a correct
description of the lands and the
amount charged against each portion.
Sec. 971.06. The county auditor shall place the amount
authorized in section
971.05 of the Revised Code, upon the
duplicate to be collected as other taxes,
and the county treasurer
shall pay it, when collected, to the township
clerk
fiscal officer
as other funds are paid.
Sec. 971.08. When the work is completed to the satisfaction
of the board of
township trustees, it shall certify the costs to
the township
clerk, and, if
fiscal officer. If the costs are not
paid within thirty days,
such clerk
the township fiscal officer shall
certify them to the county
auditor with a statement of the cost of
the construction and incidental costs
incurred by the trustees,
with
and a correct description of each piece of land
upon which
the costs are assessed.
Sec. 971.09. The county auditor shall place the amounts
certified, as
provided in section 971.08 of the Revised Code, upon
the tax duplicate, which
amounts shall become a lien and be
collected as other taxes, and the. The board of
township trustees
shall certify the amount due each person for building
such
the
fence and the amount due each trustee and
clerk
the township fiscal officer for
services rendered. In
anticipation of the collection thereof of the amounts, the
auditor shall draw orders for the
payment of such the amounts out of
the county treasury.
Sec. 971.12. The report of the assignment of partition
fences under this
chapter shall be made and certified to the
county recorder by the township
clerk
fiscal officer, and the cost
of the record
thereof
of the report shall be taxed against the
parties
with the other costs.
Sec. 971.35. When the work authorized in section 971.34 of
the Revised Code
is completed, the board of township trustees
shall certify to the county
auditor the amount of the cost of the
work with the expense thereto attached,
and a correct description
of the land upon which the work was performed, and
the. The
auditor shall place the amount upon the tax duplicate to be
collected as
other taxes. The county treasurer shall pay the
amount, when collected, to
the township
clerk
fiscal officer as
other funds
are paid.
Sec. 971.36. The board of township trustees may anticipate
the collection,
and refund the cost of the work authorized in
section 971.34 of the Revised
Code, to the township
clerk
fiscal
officer for the amount, payable out of any township funds
that may
be in
his
the fiscal officer's hands.
Sec. 1341.16. A surety of a constable, township
clerk
fiscal
officer, or other township
officer, may notify the board of
township trustees, by giving at least five
days' notice in
writing, that
he
the surety is unwilling to
continue as surety for
such
the officer, and, at a time named in
such
the notice, will
make application to the
board to be released from further
liability upon
his
the bond.
He
The surety also shall give
at
least three days' notice in writing to
such
the officer, of the
time and place
at which the application will be made.
Sec. 1533.13. Hunting and fishing licenses, wetlands habitat
stamps, deer and wild
turkey permits, fur taker permits, and any other licenses, permits, or stamps that are required under this chapter or Chapter 1531. of the Revised Code and any reissued license, permit, or stamp may
be issued by the
clerk of the court of common pleas, village and clerks,
township clerks fiscal officers,
and other authorized agents designated by the
chief of the
division of wildlife. When
required by the chief, a
clerk, fiscal officer, or other agent shall give bond in the
manner provided by the
chief. All bonds, reports, except records
prescribed by the
auditor of state, and moneys received by those
persons shall be
handled under rules adopted by the director of
natural resources.
The premium
of any bond prescribed by the chief
under this
section may be paid by the chief. Any person who is
designated
and authorized by the chief to issue licenses,
stamps,
and
permits
as provided in this section, except the clerk of the
court of
common pleas and the, a village clerk, and a township clerks fiscal officer, shall
pay to the
chief a premium in an amount that represents the
person's portion
of the premium paid by the chief under this
section,
which amount
shall be established by the chief and
approved by
the wildlife
council created under section 1531.03 of
the Revised
Code. The
chief shall pay all moneys that the chief
receives as premiums
under this section into the state treasury to
the credit
of the
wildlife fund created under section 1531.17 of
the Revised
Code.
Every authorized agent, for the purpose of issuing hunting and fishing licenses, wetlands habitat stamps, deer and wild turkey permits, and fur taker permits, may administer oaths to and take affidavits from applicants for the licenses, stamps, or permits when required. An authorized agent may appoint deputies to perform any acts that the agent is authorized to perform, consistent with division rules.
Every applicant for a hunting or fishing license, wetlands habitat stamp, deer or
wild turkey permit, or fur taker permit,
unless otherwise provided
by division rule, shall provide the applicant's name, date of birth,
weight, height, and
place
of residence, and
any other information that the chief may require. The clerk, fiscal officer, or
other agent authorized
to issue
licenses, stamps, and permits shall charge
each applicant
a fee of one
dollar
for taking the information provided by the applicant and
issuing the license, stamp, or
permit. The application, license, stamp, permit,
and other blanks
required by this section shall be prepared and
furnished by the
chief, in
such the form as the chief provides, to the
clerk, fiscal officer, or other
agent
authorized to issue them. The licenses and
permits
shall be
issued to applicants by the clerk, fiscal officer, or other agent.
The
record of
licenses and permits kept by the clerk clerks, fiscal officers, and
other
authorized
agents
shall be uniform throughout the state and
in
such the form or
manner
as the auditor of state prescribes and
shall
be open at
all
reasonable hours to the inspection of any
person.
Unless
otherwise provided by division rule, each
hunting
license,
deer or
wild turkey permit, and
fur taker permit
issued shall
remain in
force until midnight of
the thirty-first
day of August
next
ensuing. Application for any
such license or
permit may be
made
and a license
or permit issued prior to the
date upon which
it
becomes
effective.
The chief may require an applicant who wishes to purchase a license, stamp, or permit by mail or telephone or via the internet to pay a nominal fee for postage and handling and credit card transactions.
The court before whom a violator of any laws or division rules for the protection of wild animals is tried, as a part of the punishment, shall revoke the license, stamp, or permit of any person convicted. The license, stamp, or permit fee paid by that person shall not be returned to the person. The person shall not procure or use any other license, stamp, or permit or engage in hunting wild animals or trapping fur-bearing animals during the period of revocation as ordered by the court.
No person under sixteen years of age shall engage in hunting unless accompanied by the person's parent or another adult person.
Sec. 1710.02. (A) A special improvement district may be created within the boundaries of any one municipal corporation, any one township, or any combination of contiguous municipal corporations and townships by a petition of the property owners within the proposed district, for the purpose of developing and implementing plans for public improvements and public services that benefit the district. All territory in a district shall be contiguous.
The district shall be governed by the board of trustees of a nonprofit corporation. This board shall be known as the board of directors of the special improvement district. No special improvement district shall include any church property, or property of the federal or state government or a county, township, or municipal corporation, unless the church or the county, township, or municipal corporation specifically requests in writing that the property be included within the district. More than one district may be created within a participating political subdivision, but no real property may be included within more than one district unless the owner of the property files a written consent with the clerk of the legislative authority, the township fiscal officer, or the village clerk, as appropriate. The area of each district shall be contiguous.
(B) Except as provided in division (C) of this section, a district created under this chapter is not a political subdivision. A district created under this chapter shall be considered a public agency under section 102.01 and a public authority under section 4115.03 of the Revised Code. Each member of the board of directors of a district, each member's designee or proxy, and each officer and employee of a district shall be considered a public official or employee under section 102.01 of the Revised Code and a public official and public servant under section 2921.42 of the Revised Code. Districts created under this chapter are not subject to section 121.24 of the Revised Code. Districts created under this chapter are subject to sections 121.22 and 121.23 of the Revised Code.
(C) Each district created under this chapter shall be considered a political subdivision for purposes of section 4905.34 of the Revised Code.
Membership on the board of directors of the district shall not be considered as holding a public office. Directors and their designees shall be entitled to the immunities provided by Chapter 1702. and to the same immunity as an employee under division (A)(6) of section 2744.03 of the Revised Code, except that directors and their designees shall not be entitled to the indemnification provided in section 2744.07 of the Revised Code unless the director or designee is an employee or official of a participating political subdivision of the district and is acting within the scope of the director's or designee's employment or official responsibilities.
District officers and district members and directors and their designees or proxies shall not be required to file a statement with the Ohio ethics commission under section 102.02 of the Revised Code. All records of the district shall be treated as public records under section 149.43 of the Revised Code, except that records of organizations contracting with a district shall not be considered to be public records under section 149.43 or section 149.431 of the Revised Code solely by reason of any contract with a district.
(D) Except as otherwise provided in this section, the nonprofit corporation that governs a district shall be organized in the manner described in Chapter 1702. of the Revised Code. The corporation's articles of incorporation are required to be approved, as provided in division (E) of this section, by resolution of the legislative authority of each participating political subdivision of the district. A copy of that resolution shall be filed along with the articles of incorporation in the secretary of state's office.
In addition to meeting the requirements for articles of incorporation set forth in Chapter 1702. of the Revised Code, the articles of incorporation for the nonprofit corporation governing a district formed under this chapter shall provide all the following:
(1) The name for the district, which shall include the name of each participating political subdivision of the district;
(2) A description of the territory within the district, which may be all or part of each participating political subdivision. The description shall be specific enough to enable real property owners to determine if their property is located within the district.
(3) A description of the procedure by which the articles of incorporation may be amended. The procedure shall include receiving approval of the amendment, by resolution, from the legislative authority of each participating political subdivision and filing the approved amendment and resolution with the secretary of state.
(4) The reasons for creating the district, plus an explanation of how the district will be conducive to the public health, safety, peace, convenience, and welfare of the district.
(E) The articles of incorporation for a nonprofit corporation governing a district created under this chapter and amendments to them shall be submitted to the municipal executive, if any, and the legislative authority of each municipal corporation or township in which the proposed district is to be located, accompanied by a petition signed either by the owners of at least sixty per cent of the front footage of all real property located in the proposed district that abuts upon any street, alley, public road, place, boulevard, parkway, park entrance, easement, or other existing public improvement within the proposed district, excluding church property or property owned by the state, county, township, municipal, or federal government, unless a church, county, township, or municipal corporation has specifically requested in writing that the property be included in the district, or by the owners of at least seventy-five per cent of the area of all real property located within the proposed district, excluding church property or property owned by the state, county, township, municipal, or federal government, unless a church, county, township, or municipal corporation has specifically requested in writing that the property be included in the district. For purposes of determining compliance with these requirements, the area of the district, or the front footage and ownership of property, shall be as shown in the most current records available at the county recorder's office and the county engineer's office sixty days prior to the date on which the petition is filed.
Each municipal corporation or township with which the petition is filed has sixty days to approve or disapprove, by resolution, the petition, including the articles of incorporation. This chapter does not prohibit or restrict the rights of municipal corporations under Article XVIII of the Ohio Constitution or the right of the municipal legislative authority to impose reasonable conditions in a resolution of approval.
(F) Persons proposing creation and operation of the district may propose an initial plan for public services or public improvements that benefit all or any part of the district. Any initial plan shall be submitted as part of the petition proposing creation of the district.
An initial plan may include provisions for the following:
(1) Creation and operation of the district and of the nonprofit corporation to govern the district under this chapter;
(2) Hiring employees and professional services;
(3) Contracting for insurance;
(4) Purchasing or leasing office space and office equipment;
(5) Other actions necessary initially to form, operate, or organize the district and the nonprofit corporation to govern the district;
(6) A plan for public improvements or public services that benefit all or part of the district, which plan shall comply with the requirements of division (A) of section 1710.06 of the Revised Code and may include, but is not limited to, any of the permissive provisions described in the fourth sentence of that division or listed in divisions (A)(1) to (5) of that section.
After the initial plan is approved by all municipal corporations and townships to which it is submitted for approval and the district is created, each participating subdivision shall levy a special assessment within its boundaries to pay for the costs of the initial plan. The levy shall be for no more than ten years from the date of the approval of the initial plan. For purposes of levying an assessment for this initial plan, the services or improvements included in the initial plan shall be deemed a special benefit to property owners within the district.
(G) Each nonprofit corporation governing a district under this chapter may do the following:
(1) Exercise all powers of nonprofit corporations granted under Chapter 1702. of the Revised Code that do not conflict with this chapter;
(2) Develop, adopt, revise, implement, and repeal plans for public improvements and public services for all or any part of the district;
(3) Contract with any person, political subdivision as defined in section 2744.01 of the Revised Code, or state agency as defined in section 1.60 of the Revised Code to develop and implement plans for public improvements or public services within the district;
(4) Contract and pay for insurance for the district and for directors, officers, agents, contractors, employees, or members of the district for any consequences of the implementation of any plan adopted by the district or any actions of the district.
Sec. 2927.21. (A) The owner or keeper of any member of a
species of the animal kingdom that escapes from
his
the owner's or
keeper's custody or
control and that is not indigenous to this
state or presents a
risk of serious physical harm to persons or
property, or both,
shall, within one hour after
he
the owner or
keeper discovers or
reasonably should
have discovered the escape,
report it to:
(1) A law enforcement officer of the municipal corporation or township and the sheriff of the county where the escape occurred; and
(2) The clerk of the municipal legislative authority or
the
township clerk
fiscal officer of the township where the escape
occurred.
(B) If the office of the clerk of a
municipal legislative
authority
or township
clerk
fiscal officer is closed to the public
at the time a report is
required by division (A) of this section,
then it is sufficient
compliance with division (A)(2) of this
section if the owner or
keeper makes the report within one hour
after the office is next
open to the public.
(C) Whoever violates this section is guilty of a misdemeanor of the first degree.
Sec. 3381.03. Any county, or any two or more counties,
municipal corporations,
or townships, or any combination
thereof
of these may
create a regional arts and cultural district by the
adoption of a
resolution or ordinance by the board of county
commissioners of
each county, the legislative authority of each
municipal
corporation, and the board of township trustees of each
township
that desires to create or to join in the creation of the
district.
Such
The resolution or ordinance shall state
all of the
following:
(A) The purposes for the creation of the district;
(B) The counties, municipal corporations, or townships that are to be included in the district;
(C) The official name by which the district shall be known;
(D) The location of the principal office of the district or the manner in which the location shall be selected;
(E) Subject to section 3381.05 of the Revised Code, the number, term, and compensation, which shall not exceed the sum of fifty dollars for each board and committee meeting attended by a member, of the members of the board of trustees of the district;
(F) Subject to section 3381.05 of the Revised Code, the
manner in which members of the board of trustees of the district
shall be appointed; the method of filling vacancies; and the
period, if any, for which a trustee continues in office after
expiration of
his
the trustee's term pending the appointment of
his
the trustee's successor;
(G) The manner of apportioning expenses of the district
among the participating counties, municipal corporations, and
townships.
Such
The resolution or ordinance may also provide that the authority of the districts to make grants under section 3381.20 of the Revised Code may be totally or partially delegated to one or more area arts councils, as defined in section 757.03 of the Revised Code, located within the district.
The district provided for in
such
the resolution or ordinance
shall be created upon the adoption of
such
the resolution or
ordinance
by the board of county commissioners of each county,
the
legislative authority of each municipal corporation, and the
board
of township trustees of each township enumerated in the
resolution
or ordinance. The resolution or ordinance may be
amended to
include additional counties, municipal corporations,
or townships
or for any other purpose by the adoption of
such
an amendment by
the
board of county commissioners of each county,
the legislative
authority of each municipal corporation, and the
board of township
trustees of each township that has created or
joined or proposes
to join the district.
After each
such county, municipal corporation, and township
has adopted a resolution or ordinance approving inclusion of
additional counties, municipal corporations, or townships in the
district, a copy of
such
the resolution or ordinance shall be
filed
with the clerk of the board of the county commissioners of
each
county,
the clerk of the legislative authority of each
municipal
corporation, and
the fiscal officer of the board of
trustees of each township
proposed to be included in the district.
Such
The inclusion is
effective when all such filing is completed
unless the district
to
which territory is to be added has
authority to levy an ad
valorem
tax on property within its
territory, in which event
such
the inclusion shall become
effective upon voter approval of the
joinder and the tax. The
board of trustees shall promptly
certify
the proposal to the board
or boards of elections for the
purpose
of having the proposal
placed on the ballot at the next
general or
primary election
which
that occurs not less than sixty days
after the
date of the meeting
of the board of trustees, or at a
special
election held on a date
specified in the certification
that is not
less than sixty days
after the date of
such
the meeting
of the board.
If territory of
more than one county, municipal
corporation, or
township is to be
added to the regional arts and
cultural
district, the electors of
such
the territories of the
counties,
municipal corporations, or
townships which are to be
added shall
vote as a district, and the
outcome of the election
shall be
determined by the vote cast in
the entire district.
Upon
certification of a proposal to the board
or boards of
elections
pursuant to this section,
such
the board or
boards of
elections shall
make the necessary arrangements for the
submission of
such
the questions to the electors of the territory
to
be added to the
district, and the election shall be held,
canvassed, and certified
in the manner provided for the
submission
of tax levies under
section 5705.19 of the Revised
Code, except
that the question
appearing on the ballot shall
read:
"Shall the territory within the .................... (name or names of political subdivisions to be joined) be added to ................................ (name) regional arts and cultural district? And shall a(n) .................... (here insert type of tax or taxes) at a rate of taxation not to exceed .......... (here insert maximum tax rate or rates) be levied for purposes of such district?"
If the question is approved by a majority of the electors
voting on
such
the question, the joinder is effective immediately,
and
the district may extend the levy of
such
the tax against all
the
taxable property within the territory that has been added. If
such
the question is approved at a general election or at a
special
election occurring prior to a general election but after
the
fifteenth day of July in any calendar year, the district may
amend
its budget and resolution adopted pursuant to section
5705.34 of
the Revised Code, and
such
the levy shall be placed on
the
current tax
list and duplicate and collected as other taxes
are
collected from
all taxable property within the territory of
the
district,
including the territory added as a result of
such
the election.
The territory of a district shall be coextensive with the territory of the counties, municipal corporations, and townships included within the district, provided that the same territory may not be included in more than one regional arts and cultural district, and provided, that if a district includes only a portion of an entire county, a district may be created in the remaining portion of the same county by resolution of the board of county commissioners acting alone or in conjunction with municipal corporations and townships as provided in this section.
Sec. 3501.37. After each election, the judges of election elections of
each precinct,
except when the board of elections assumes the
duty, shall see that the
movable booths and other equipment are
returned for safekeeping to the
township clerk
fiscal officer of
the township or to the clerk or auditor of the municipal
corporation in which the precinct is situated.
Such
The fiscal
officer, clerk, or auditor shall
have booths and equipment on hand
and in place at the polling places in each
precinct before the
time for opening the polls on election days, and for this
service
the board may allow the necessary expenses incurred. In cities,
this
duty shall devolve on the board.
Sec. 3513.253. Nominations of candidates for election as
officers of a township shall be made only by nominating
petitions,
unless a majority of the electors of such township
have petitioned
for a primary election. The nominating petitions
of nonpartisan
candidates for township trustee and township clerk fiscal officer
shall be signed
by not less than twenty-five qualified electors
of the township.
Such petition shall be filed with the board of
elections not later
than four p.m. of the seventy-fifth day
before the day of the
general election, provided that no such
nominating petition shall
be accepted for filing if it appears to
contain signatures
aggregating in number more than three times
the minimum number of
signatures required by this section.
A board of elections shall
not accept for filing a nominating petition of a person if that
person, for the same election, has already filed a declaration of
candidacy, a declaration of intent to be a write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a primary election or by the filling of a vacancy
under section 3513.30 or 3513.31 of the Revised Code for any other
township office, or for a municipal office, for member of a
city,
local, or exempted village board of education, or for member of a
governing board of an educational service center. When
a
petition
of a candidate has been
accepted for filing by a board
of
elections, the petition shall
not be deemed invalid if, upon
verification of signatures
contained in the petition, the board
of
elections finds the number
of signatures accepted exceeds
three
times the minimum number of
signatures required. A board
of
elections may discontinue
verifying signatures when the number
of
verified signatures on a
petition equals the minimum required
number of qualified
signatures.
Sec. 3517.10. (A) Except as otherwise provided in this division, every campaign committee, political action committee, legislative campaign fund, and political party that made or received a contribution or made an expenditure in connection with the nomination or election of any candidate or in connection with any ballot issue or question at any election held or to be held in this state shall file, on a form prescribed under this section or by electronic means of transmission as provided in this section and section 3517.106 of the Revised Code, a full, true, and itemized statement, made under penalty of election falsification, setting forth in detail the contributions and expenditures, not later than four p.m. of the following dates:
(1) The twelfth day before the election to reflect contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the twentieth day before the election;
(2) The thirty-eighth day after the election to reflect the contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the seventh day before the filing of the statement;
(3) The last business day of January of every year to reflect the contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the last day of December of the previous year;
(4) The last business day of July of every year to reflect the contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the last day of June of that year.
A campaign committee shall only be required to file the statements prescribed under divisions (A)(1) and (2) of this section in connection with the nomination or election of the committee's candidate.
The statement required under division (A)(1) of this section shall not be required of any campaign committee, political action committee, legislative campaign fund, or political party that has received contributions of less than one thousand dollars and has made expenditures of less than one thousand dollars at the close of business on the twentieth day before the election. Those contributions and expenditures shall be reported in the statement required under division (A)(2) of this section.
If an election to select candidates to appear on the general election ballot is held within sixty days before a general election, the campaign committee of a successful candidate in the earlier election may file the statement required by division (A)(1) of this section for the general election instead of the statement required by division (A)(2) of this section for the earlier election if the pregeneral election statement reflects the status of contributions and expenditures for the period twenty days before the earlier election to twenty days before the general election.
If a person becomes a candidate less than twenty days before an election, the candidate's campaign committee is not required to file the statement required by division (A)(1) of this section.
No statement under division (A)(3) or (4) of this section shall be required for any year in which a campaign committee, political action committee, legislative campaign fund, or political party is required to file a postgeneral election statement under division (A)(2) of this section. However, such a statement may be filed, at the option of the campaign committee, political action committee, legislative campaign fund, or political party.
No statement under division (A)(3) or (4) of this section shall be required if the campaign committee, political action committee, legislative campaign fund, or political party has no contributions that it has received and no expenditures that it has made since the last date reflected in its last previously filed statement. However, the campaign committee, political action committee, legislative campaign fund, or political party shall file a statement to that effect, on a form prescribed under this section and made under penalty of election falsification, on the date required in division (A)(3) or (4) of this section, as applicable.
The campaign committee of a statewide candidate shall file a monthly statement of contributions received during each of the months of July, August, and September in the year of the general election in which the candidate seeks office. The campaign committee of a statewide candidate shall file the monthly statement not later than three business days after the last day of the month covered by the statement. During the period beginning on the nineteenth day before the general election in which a statewide candidate seeks election to office and extending through the day of that general election, each time the campaign committee of the joint candidates for the offices of governor and lieutenant governor or of a candidate for the office of secretary of state, auditor of state, treasurer of state, or attorney general receives a contribution from a contributor that causes the aggregate amount of contributions received from that contributor during that period to equal or exceed ten thousand dollars and each time the campaign committee of a candidate for the office of chief justice or justice of the supreme court receives a contribution from a contributor that causes the aggregate amount of contributions received from that contributor during that period to exceed ten thousand dollars, the campaign committee shall file a two-business-day statement reflecting that contribution. During the period beginning on the nineteenth day before a primary election in which a candidate for statewide office seeks nomination to office and extending through the day of that primary election, each time either the campaign committee of a statewide candidate in that primary election that files a notice under division (C)(1) of section 3517.103 of the Revised Code or the campaign committee of a statewide candidate in that primary election to which, in accordance with division (D) of section 3517.103 of the Revised Code, the contribution limitations prescribed in section 3517.102 of the Revised Code no longer apply receives a contribution from a contributor that causes the aggregate amount of contributions received from that contributor during that period to exceed ten thousand dollars, the campaign committee shall file a two-business-day statement reflecting that contribution. Contributions reported on a two-business-day statement required to be filed by a campaign committee of a statewide candidate in a primary election shall also be included in the postprimary election statement required to be filed by that campaign committee under division (A)(2) of this section. A two-business-day statement required by this paragraph shall be filed not later than two business days after receipt of the contribution. The statements required by this paragraph shall be filed in addition to any other statements required by this section.
Subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of this section and division (H)(1) of section 3517.106 of the Revised Code for the filing of campaign finance statements by electronic means of transmission, a campaign committee of a statewide candidate shall file a two-business-day statement under the preceding paragraph by electronic means of transmission if the campaign committee is required to file a pre-election, postelection, or monthly statement of contributions and expenditures by electronic means of transmission under this section or section 3517.106 of the Revised Code.
If a campaign committee or political action committee has no balance on hand and no outstanding obligations and desires to terminate itself, it shall file a statement to that effect, on a form prescribed under this section and made under penalty of election falsification, with the official with whom it files a statement under division (A) of this section after filing a final statement of contributions and a final statement of expenditures, if contributions have been received or expenditures made since the period reflected in its last previously filed statement.
(B) Except as otherwise provided in division (C)(7) of this section, each statement required by division (A) of this section shall contain the following information:
(1) The full name and address of each campaign committee, political action committee, legislative campaign fund, or political party, including any treasurer of the committee, fund, or party, filing a contribution and expenditure statement;
(2)(a) In the case of a campaign committee, the candidate's full name and address;
(b) In the case of a political action committee, the registration number assigned to the committee under division (D)(1) of this section.
(3) The date of the election and whether it was or will be a general, primary, or special election;
(4) A statement of contributions received, which shall include the following information:
(a) The month, day, and year of the contribution;
(b)(i) The full name and address of each person, political party, campaign committee, legislative campaign fund, or political action committee from whom contributions are received and the registration number assigned to the political action committee under division (D)(1) of this section. The requirement of filing the full address does not apply to any statement filed by a state or local committee of a political party, to a finance committee of such committee, or to a committee recognized by a state or local committee as its fund-raising auxiliary. Notwithstanding division (F) of this section, the requirement of filing the full address shall be considered as being met if the address filed is the same address the contributor provided under division (E)(1) of this section.
(ii) If a political action committee, legislative campaign fund, or political party that is required to file campaign finance statements by electronic means of transmission under section 3517.106 of the Revised Code or a campaign committee of a statewide candidate or candidate for the office of member of the general assembly receives a contribution from an individual that exceeds one hundred dollars, the name of the individual's current employer, if any, or, if the individual is self-employed, the individual's occupation and the name of the individual's business, if any;
(iii) If a campaign committee of a statewide candidate or candidate for the office of member of the general assembly receives a contribution transmitted pursuant to section 3599.031 of the Revised Code from amounts deducted from the wages and salaries of two or more employees that exceeds in the aggregate one hundred dollars during any one filing period under division (A)(1), (2), (3), or (4) of this section, the full name of the employees' employer and the full name of the labor organization of which the employees are members, if any.
(c) A description of the contribution received, if other than money;
(d) The value in dollars and cents of the contribution;
(e) A separately itemized account of all contributions and expenditures regardless of the amount, except a receipt of a contribution from a person in the sum of twenty-five dollars or less at one social or fund-raising activity and a receipt of a contribution transmitted pursuant to section 3599.031 of the Revised Code from amounts deducted from the wages and salaries of employees if the contribution from the amount deducted from the wages and salary of any one employee is twenty-five dollars or less aggregated in a calendar year. An account of the total contributions from each social or fund-raising activity shall include a description of and the value of each in-kind contribution received at that activity from any person who made one or more such contributions whose aggregate value exceeded two hundred fifty dollars and shall be listed separately, together with the expenses incurred and paid in connection with that activity. A campaign committee, political action committee, legislative campaign fund, or political party shall keep records of contributions from each person in the amount of twenty-five dollars or less at one social or fund-raising activity and contributions from amounts deducted under section 3599.031 of the Revised Code from the wages and salary of each employee in the amount of twenty-five dollars or less aggregated in a calendar year. No continuing association that is recognized by a state or local committee of a political party as an auxiliary of the party and that makes a contribution from funds derived solely from regular dues paid by members of the auxiliary shall be required to list the name or address of any members who paid those dues.
Contributions that are other income shall be itemized separately from all other contributions. The information required under division (B)(4) of this section shall be provided for all other income itemized. As used in this paragraph, "other income" means a loan, investment income, or interest income.
(f) In the case of a campaign committee of a state elected officer, if a person doing business with the state elected officer in the officer's official capacity makes a contribution to the campaign committee of that officer, the information required under division (B)(4) of this section in regard to that contribution, which shall be filed together with and considered a part of the committee's statement of contributions as required under division (A) of this section but shall be filed on a separate form provided by the secretary of state. As used in this division:
(i) "State elected officer" has the same meaning as in section 3517.092 of the Revised Code.
(ii) "Person doing business" means a person or an officer of an entity who enters into one or more contracts with a state elected officer or anyone authorized to enter into contracts on behalf of that officer to receive payments for goods or services, if the payments total, in the aggregate, more than five thousand dollars during a calendar year.
(5) A statement of expenditures which shall include the following information:
(a) The month, day, and year of the expenditure;
(b) The full name and address of each person, political party, campaign committee, legislative campaign fund, or political action committee to whom the expenditure was made and the registration number assigned to the political action committee under division (D)(1) of this section;
(c) The object or purpose for which the expenditure was made;
(d) The amount of each expenditure.
(C)(1) The statement of contributions and expenditures shall be signed by the person completing the form. If a statement of contributions and expenditures is filed by electronic means of transmission pursuant to this section or section 3517.106 of the Revised Code, the electronic signature of the person who executes the statement and transmits the statement by electronic means of transmission, as provided in division (H) of section 3517.106 of the Revised Code, shall be attached to or associated with the statement and shall be binding on all persons and for all purposes under the campaign finance reporting law as if the signature had been handwritten in ink on a printed form.
(2) The person filing the statement, under penalty of election falsification, shall include with it a list of each anonymous contribution, the circumstances under which it was received, and the reason it cannot be attributed to a specific donor.
(3) Each statement of a campaign committee of a candidate who holds public office shall contain a designation of each contributor who is an employee in any unit or department under the candidate's direct supervision and control. In a space provided in the statement, the person filing the statement shall affirm that each such contribution was voluntarily made.
(4) A campaign committee that did not receive contributions or make expenditures in connection with the nomination or election of its candidate shall file a statement to that effect, on a form prescribed under this section and made under penalty of election falsification, on the date required in division (A)(2) of this section.
(5) The campaign committee of any person who attempts to become a candidate and who, for any reason, does not become certified in accordance with Title XXXV of the Revised Code for placement on the official ballot of a primary, general, or special election to be held in this state, and who, at any time prior to or after an election, receives contributions or makes expenditures, or has given consent for another to receive contributions or make expenditures, for the purpose of bringing about the person's nomination or election to public office, shall file the statement or statements prescribed by this section and a termination statement, if applicable. Division (C)(5) of this section does not apply to any person with respect to an election to the offices of member of a county or state central committee, presidential elector, or delegate to a national convention or conference of a political party.
(6)(a) The statements required to be filed under this section shall specify the balance in the hands of the campaign committee, political action committee, legislative campaign fund, or political party and the disposition intended to be made of that balance.
(b) The secretary of state shall prescribe the form for all statements required to be filed under this section and shall furnish the forms to the boards of elections in the several counties. The boards of elections shall supply printed copies of those forms without charge. The secretary of state shall prescribe the appropriate methodology, protocol, and data file structure for statements required or permitted to be filed by electronic means of transmission under division (A) of this section, divisions (E), (F), and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, and division (C) of section 3517.1013 of the Revised Code. Subject to division (A) of this section, divisions (E), (F), and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, and division (C) of section 3517.1013 of the Revised Code, the statements required to be stored on computer by the secretary of state under division (B) of section 3517.106 of the Revised Code shall be filed in whatever format the secretary of state considers necessary to enable the secretary of state to store the information contained in the statements on computer. Any such format shall be of a type and nature that is readily available to whoever is required to file the statements in that format.
(c) The secretary of state shall assess the need for training regarding the filing of campaign finance statements by electronic means of transmission and regarding associated technologies for candidates, campaign committees, political action committees, legislative campaign funds, or political parties, for individuals, partnerships, or other entities, or for persons making disbursements to pay the direct costs of producing or airing electioneering communications, required or permitted to file statements by electronic means of transmission under this section or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the opinion of the secretary of state, training in these areas is necessary, the secretary of state shall arrange for the provision of voluntary training programs for candidates, campaign committees, political action committees, legislative campaign funds, or political parties, for individuals, partnerships, and other entities, or for persons making disbursements to pay the direct costs of producing or airing electioneering communications, as appropriate.
(7) Each monthly statement and each two-business-day statement required by division (A) of this section shall contain the information required by divisions (B)(1) to (4), (C)(2), and, if appropriate, (C)(3) of this section. Each statement shall be signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an expenditure, every campaign committee, political action committee, legislative campaign fund, or political party shall appoint a treasurer and shall file, on a form prescribed by the secretary of state, a designation of that appointment, including the full name and address of the treasurer and of the campaign committee, political action committee, legislative campaign fund, or political party. That designation shall be filed with the official with whom the campaign committee, political action committee, legislative campaign fund, or political party is required to file statements under section 3517.11 of the Revised Code. The name of a campaign committee shall include at least the last name of the campaign committee's candidate. The secretary of state shall assign a registration number to each political action committee that files a designation of the appointment of a treasurer under this division if the political action committee is required by division (A)(1) of section 3517.11 of the Revised Code to file the statements prescribed by this section with the secretary of state.
(2) The treasurer appointed under division (D)(1) of this section shall keep a strict account of all contributions, from whom received and the purpose for which they were disbursed.
(3)(a) Except as otherwise provided in section 3517.108 of the Revised Code, a campaign committee shall deposit all monetary contributions received by the committee into an account separate from a personal or business account of the candidate or campaign committee.
(b) A political action committee shall deposit all monetary contributions received by the committee into an account separate from all other funds.
(c) A state or county political party may establish a state candidate fund that is separate from an account that contains the public moneys received from the Ohio political party fund under section 3517.17 of the Revised Code and from all other funds. A state or county political party may deposit into its state candidate fund any amounts of monetary contributions that are made to or accepted by the political party subject to the applicable limitations, if any, prescribed in section 3517.102 of the Revised Code. A state or county political party shall deposit all other monetary contributions received by the party into one or more accounts that are separate from its state candidate fund and from its account that contains the public moneys received from the Ohio political party fund under section 3517.17 of the Revised Code.
(d) Each state political party shall have only one legislative campaign fund for each house of the general assembly. Each such fund shall be separate from any other funds or accounts of that state party. A legislative campaign fund is authorized to receive contributions and make expenditures for the primary purpose of furthering the election of candidates who are members of that political party to the house of the general assembly with which that legislative campaign fund is associated. Each legislative campaign fund shall be administered and controlled in a manner designated by the caucus. As used in this division, "caucus" has the same meaning as in section 3517.01 of the Revised Code and includes, as an ex officio member, the chairperson of the state political party with which the caucus is associated or that chairperson's designee.
(4) Every expenditure in excess of twenty-five dollars shall be vouched for by a receipted bill, stating the purpose of the expenditure, that shall be filed with the statement of expenditures. A canceled check with a notation of the purpose of the expenditure is a receipted bill for purposes of division (D)(4) of this section.
(5) The secretary of state or the board of elections, as the case may be, shall issue a receipt for each statement filed under this section and shall preserve a copy of the receipt for a period of at least six years. All statements filed under this section shall be open to public inspection in the office where they are filed and shall be carefully preserved for a period of at least six years after the year in which they are filed.
(6) The secretary of state, by rule adopted pursuant to section 3517.23 of the Revised Code, shall prescribe both of the following:
(a) The manner of immediately acknowledging, with date and time received, and preserving the receipt of statements that are transmitted by electronic means of transmission to the secretary of state pursuant to this section or section 3517.106, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code;
(b) The manner of preserving the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in the statements described in division (D)(6)(a) of this section. The secretary of state shall preserve the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in those statements for at least ten years after the year in which they are filed by electronic means of transmission.
(7) The secretary of state, pursuant to division (I) of section 3517.106 of the Revised Code, shall make available online to the public through the internet the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in all statements, all addenda, amendments, or other corrections to statements, and all amended statements filed with the secretary of state by electronic or other means of transmission under this section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of the Revised Code. The secretary of state may remove the information from the internet after a reasonable period of time.
(E)(1) Any person, political party, campaign committee, legislative campaign fund, or political action committee that makes a contribution in connection with the nomination or election of any candidate or in connection with any ballot issue or question at any election held or to be held in this state shall provide its full name and address to the recipient of the contribution at the time the contribution is made. The political action committee also shall provide the registration number assigned to the committee under division (D)(1) of this section to the recipient of the contribution at the time the contribution is made.
(2) Any individual who makes a contribution that exceeds one hundred dollars to a political action committee, legislative campaign fund, or political party or to a campaign committee of a statewide candidate or candidate for the office of member of the general assembly shall provide the name of the individual's current employer, if any, or, if the individual is self-employed, the individual's occupation and the name of the individual's business, if any, to the recipient of the contribution at the time the contribution is made. Sections 3599.39 and 3599.40 of the Revised Code do not apply to division (E)(2) of this section.
(3) If a campaign committee shows that it has exercised its best efforts to obtain, maintain, and submit the information required under divisions (B)(4)(b)(ii) and (iii) of this section, that committee is considered to have met the requirements of those divisions. A campaign committee shall not be considered to have exercised its best efforts unless, in connection with written solicitations, it regularly includes a written request for the information required under division (B)(4)(b)(ii) of this section from the contributor or the information required under division (B)(4)(b)(iii) of this section from whoever transmits the contribution.
(4) Any check that a political action committee uses to make a contribution or an expenditure shall contain the full name and address of the committee and the registration number assigned to the committee under division (D)(1) of this section.
(F) As used in this section:
(1)(a) Except as otherwise provided in division (F)(1) of this section, "address" means all of the following if they exist: apartment number, street, road, or highway name and number, rural delivery route number, city or village, state, and zip code as used in a person's post-office address, but not post-office box.
(b) Except as otherwise provided in division (F)(1) of this section, if an address is required in this section, a post-office box and office, room, or suite number may be included in addition to, but not in lieu of, an apartment, street, road, or highway name and number.
(c) If an address is required in this section, a campaign committee, political action committee, legislative campaign fund, or political party may use the business or residence address of its treasurer or deputy treasurer. The post-office box number of the campaign committee, political action committee, legislative campaign fund, or political party may be used in addition to that address.
(d) For the sole purpose of a campaign committee's reporting of contributions on a statement of contributions received under division (B)(4) of this section, "address" has one of the following meanings at the option of the campaign committee:
(i) The same meaning as in division (F)(1)(a) of this section;
(ii) All of the following, if they exist: the contributor's post-office box number and city or village, state, and zip code as used in the contributor's post-office address.
(e) As used with regard to the reporting under this section of any expenditure, "address" means all of the following if they exist: apartment number, street, road, or highway name and number, rural delivery route number, city or village, state, and zip code as used in a person's post-office address, or post-office box. If an address concerning any expenditure is required in this section, a campaign committee, political action committee, legislative campaign fund, or political party may use the business or residence address of its treasurer or deputy treasurer or its post-office box number.
(2) "Statewide candidate" means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, chief justice of the supreme court, or justice of the supreme court.
(G) An independent expenditure shall be reported whenever and in the same manner that an expenditure is required to be reported under this section and shall be reported pursuant to division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of this section, if, during the combined pre-election and postelection reporting periods for an election, a campaign committee has received contributions of five hundred dollars or less and has made expenditures in the total amount of five hundred dollars or less, it may file a statement to that effect, under penalty of election falsification, in lieu of the statement required by division (A)(2) of this section. The statement shall indicate the total amount of contributions received and the total amount of expenditures made during those combined reporting periods.
(2) In the case of a successful candidate at a primary election, if either the total contributions received by or the total expenditures made by the candidate's campaign committee during the preprimary, postprimary, pregeneral, and postgeneral election periods combined equal more than five hundred dollars, the campaign committee may file the statement under division (H)(1) of this section only for the primary election. The first statement that the campaign committee files in regard to the general election shall reflect all contributions received and all expenditures made during the preprimary and postprimary election periods.
(3) Divisions (H)(1) and (2) of this section do not apply if a campaign committee receives contributions or makes expenditures prior to the first day of January of the year of the election at which the candidate seeks nomination or election to office or if the campaign committee does not file a termination statement with its postprimary election statement in the case of an unsuccessful primary election candidate or with its postgeneral election statement in the case of other candidates.
(I) In the case of a contribution made by a partner of a partnership or an owner or a member of another unincorporated business from any funds of the partnership or other unincorporated business, all of the following apply:
(1) The recipient of the contribution shall report the contribution by listing both the partnership or other unincorporated business and the name of the partner, owner, or member making the contribution.
(2) For purposes of section 3517.102 of the Revised Code, the contribution shall be considered to have been made by the partner, owner, or member reported under division (I)(1) of this section.
(3) No contribution from a partner of a partnership or an owner or a member of another unincorporated business shall be accepted from any funds of the partnership or other unincorporated business unless the recipient reports the contribution under division (I)(1) of this section.
(4) No partnership or other unincorporated business shall make a contribution or contributions solely in the name of the partnership or other unincorporated business.
(5) As used in division (I) of this section, "partnership or other unincorporated business" includes, but is not limited to, a cooperative, a sole proprietorship, a general partnership, a limited partnership, a limited partnership association, a limited liability partnership, and a limited liability company.
(J) A candidate shall have only one campaign committee at any given time for all of the offices for which the person is a candidate or holds office.
(K)(1) In addition to filing a designation of appointment
of
a treasurer under division
(D)(1) of this section, the campaign
committee of any candidate
for an elected municipal office that
pays an annual amount of
compensation of five thousand dollars or
less, the campaign
committee of any candidate for member of a
board of education
except member of the state board of education,
or the campaign
committee of any candidate for township trustee or
township
clerk fiscal officer may sign, under penalty of election falsification,
a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one
hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period
that exceed in the aggregate two thousand dollars.
The certificate shall be on a form prescribed by the secretary of state and shall be filed not later than ten days after the candidate files a declaration of candidacy and petition, a nominating petition, or a declaration of intent to be a write-in candidate.
(2) Except as otherwise provided in division (K)(3) of this section, a campaign committee that files a certificate under division (K)(1) of this section is not required to file the statements required by division (A) of this section.
(3) If, after filing a certificate under division (K)(1) of this section, a campaign committee exceeds any of the limitations described in that division during an election period, the certificate is void and thereafter the campaign committee shall file the statements required by division (A) of this section. If the campaign committee has not previously filed a statement, then on the first statement the campaign committee is required to file under division (A) of this section after the committee's certificate is void, the committee shall report all contributions received and expenditures made from the time the candidate filed the candidate's declaration of candidacy and petition, nominating petition, or declaration of intent to be a write-in candidate.
(4) As used in division (K) of this section, "election period" means the period of time beginning on the day a person files a declaration of candidacy and petition, nominating petition, or declaration of intent to be a write-in candidate through the day of the election at which the person seeks nomination to office if the person is not elected to office, or, if the candidate was nominated in a primary election, the day of the election at which the candidate seeks office.
Sec. 3709.30. In case of epidemic or threatened epidemic
or
during the unusual prevalence of a dangerous communicable
disease,
if the moneys in the district health fund of a general
health
district are not sufficient, in the judgment of the board
of
health of
such
the district, to defray the expenses necessary to
prevent the spread of such disease,
such
the board shall estimate
the
amount required for
such
this purpose and apportion it among
the
townships and municipal corporations in which the condition
exists, on the basis provided for in section 3709.28 of the
Revised Code.
Such
The estimate and apportionment shall be
certified
to the county auditor of the proper county, who shall
draw an
order on the clerk,
fiscal officer, auditor, or other
similar officer of each
township or municipal corporation affected
thereby
by it, for
such
that amount.
Such
The clerk,
fiscal
officer, auditor, or other similar officer shall
forthwith draw
his
a warrant on the township
clerk
fiscal officer or the
treasurer
of
such
the municipal corporation for the amount of
such
the certification, which shall be honored by the clerk fiscal
officer or treasurer
from any general treasury balances subject to
his
the fiscal officer's or
treasurer's control,
regardless
of funds.
The clerk,
fiscal officer, auditor, or other similar officer
then shall
thereupon set up an account to be designated
"as an
emergency health
account," showing a deficit
therein
in the
account, and certify the action taken
to the board of township
trustees, legislative authority, or
other body having the power to
borrow money.
Thereupon such
That body
then may exercise the
powers provided for in section 3707.28 of the
Revised Code.
Moneys
raised under this section shall be placed
in the treasury
of the
borrowing subdivision and credited to the
emergency health
account, which shall
thereupon
then be closed, so
that the moneys
taken from general cash balances shall be
restored thereto and the
regular funds of the subdivision shall
be restored thereby.
If there is not sufficient money in the general cash
balances
of
such
the subdivisions to satisfy the warrant so drawn by
the
clerk,
fiscal officer, auditor, or other similar officer, the
clerk township fiscal officer or the
treasurer
thereof of the municipal corporation shall honor
such
the
warrant to the extent of the
cash in
such
the treasury, and the
balance shall be certified by the
clerk,
fiscal officer, auditor,
or other similar officer and the clerk fiscal officer or treasurer,
jointly, to the borrowing authority, which shall immediately
exercise the powers provided for in this section, to raise the
amount of the warrant. The proceeds of such action shall be paid
into the general cash balance in the treasury of the subdivision,
and the balance due on the warrant shall then be paid.
The warrants provided for in this section shall be drawn in
favor of the county treasurer, as treasurer of the district
health
fund, and the proceeds shall go into
such
the fund. A
separate
account shall be kept of expenditures under this
section. If a
greater amount is expended in any township or
municipal
corporation than the amount drawn therefrom by action
under this
section, the excess shall be charged against
such
the subdivision
at the next annual apportionment in addition to the
amount
apportionable to
such
the subdivision under section 3709.28 of
the
Revised Code. If the amount drawn under this section is not
wholly expended in any subdivision, the unexpended remainder
shall
be credited to the next annual apportionment to
such
the
subdivision.
Performance of the official duties imposed by this section
on
officers, boards, and legislative bodies may be enforced by
mandamus on the relation of the board of health, which is hereby
given special capacity to sue in
such
a mandamus action. In any
such case
mandamus action, the return day of the alternative writ
shall not be more than
three days after the filing of the
petition.
Sec. 3734.025. The owner or operator of an off-site
infectious waste treatment facility shall pay the fees levied by
an ordinance or resolution adopted under section 3734.024 of the
Revised Code monthly to the treasurer or other such officer of
the
municipal corporation as, by virtue of the charter, has the
duties
of the treasurer or to the
clerk
fiscal officer of the township.
The
owner or operator shall remit the fees to the treasurer or
other
officer or to the
clerk
fiscal officer in accordance with
rules adopted under
section 3734.026 of the Revised Code. The
remittance shall be
accompanied by a return indicating the total
amount of infectious
wastes received at the facility for treatment
during the month to
which the return applies. If a monthly return
and remittance of
the fees are not submitted to the treasurer or
other officer or
to the
clerk
fiscal officer within sixty days
after the last day of the month to
which the return and remittance
apply or within sixty days after
the date otherwise established in
rules adopted under section
3734.026 of the Revised Code, the
owner or operator shall pay a
penalty of an additional fifty per
cent of the amount of the
remittance for each month that it is
late.
Money received by the treasurer or
such other officer of
the
municipal corporation under this section shall be paid into
the
general fund of the municipal corporation. Money received by
the
clerk
fiscal officer of a township under this section shall be
paid into the
general fund of the township. The treasurer or
other officer
of the municipal corporation or
the
clerk
fiscal
officer of the township, as appropriate, shall maintain separate
records of
money received from the fees remitted under this
section.
No owner or operator of an off-site infectious waste treatment facility shall violate or fail to comply with this section or a rule adopted under section 3734.026 of the Revised Code.
Sec. 3734.026. The director of environmental protection
shall adopt rules in
accordance with Chapter 119. of the Revised
Code establishing procedures for
remitting fees levied under
section 3734.024 of the Revised Code to the
treasurers or other
appropriate fiscal officers of municipal corporations and
to the
clerks
fiscal officers of townships. The rules also shall
establish the dates for
remitting the fees to those officers and
may establish any other requirements
that the director considers
necessary or appropriate to implement or
administer sections
3734.024 and 3734.025 of the Revised Code.
Sec. 3734.57. (A) For the purposes of paying the state's long-term operation costs or matching share for actions taken under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; paying the costs of measures for proper clean-up of sites where polychlorinated biphenyls and substances, equipment, and devices containing or contaminated with polychlorinated biphenyls have been stored or disposed of; paying the costs of conducting surveys or investigations of solid waste facilities or other locations where it is believed that significant quantities of hazardous waste were disposed of and for conducting enforcement actions arising from the findings of such surveys or investigations; paying the costs of acquiring and cleaning up, or providing financial assistance for cleaning up, any hazardous waste facility or solid waste facility containing significant quantities of hazardous waste, that constitutes an imminent and substantial threat to public health or safety or the environment; and, from July 1, 2003, through June 30, 2006, for the purposes of paying the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and any rules adopted under them, and paying a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code, the following fees are hereby levied on the disposal of solid wastes in this state:
(1) One dollar per ton on and after July 1, 1993;
(2) An additional one dollar per ton on and after July 1, 2003, through June 30, 2006.
The owner or operator of a solid waste disposal facility shall collect the fees levied under this division as a trustee for the state and shall prepare and file with the director of environmental protection monthly returns indicating the total tonnage of solid wastes received for disposal at the gate of the facility and the total amount of the fees collected under this division. Not later than thirty days after the last day of the month to which such a return applies, the owner or operator shall mail to the director the return for that month together with the fees collected during that month as indicated on the return. The owner or operator may request an extension of not more than thirty days for filing the return and remitting the fees, provided that the owner or operator has submitted such a request in writing to the director together with a detailed description of why the extension is requested, the director has received the request not later than the day on which the return is required to be filed, and the director has approved the request. If the fees are not remitted within thirty days after the last day of the month during which they were collected or are not remitted by the last day of an extension approved by the director, the owner or operator shall pay an additional fifty per cent of the amount of the fees for each month that they are late.
One-half of the moneys remitted to the director under division (A)(1) of this section shall be credited to the hazardous waste facility management fund created in section 3734.18 of the Revised Code, and one-half shall be credited to the hazardous waste clean-up fund created in section 3734.28 of the Revised Code. The moneys remitted to the director under division (A)(2) of this section shall be credited to the solid waste fund, which is hereby created in the state treasury. The environmental protection agency shall use moneys in the solid waste fund only to pay the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and rules adopted under them and to pay a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code.
The fees levied under this division and divisions (B) and (C) of this section are in addition to all other applicable fees and taxes and shall be added to any other fee or amount specified in a contract that is charged by the owner or operator of a solid waste disposal facility or to any other fee or amount that is specified in a contract entered into on or after March 4, 1992, and that is charged by a transporter of solid wastes.
(B) For the purpose of preparing, revising, and implementing the solid waste management plan of the county or joint solid waste management district, including, without limitation, the development and implementation of solid waste recycling or reduction programs; providing financial assistance to boards of health within the district, if solid waste facilities are located within the district, for the enforcement of this chapter and rules adopted and orders and terms and conditions of permits, licenses, and variances issued under it, other than the hazardous waste provisions of this chapter and rules adopted and orders and terms and conditions of permits issued under those provisions; providing financial assistance to the county to defray the added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation of a solid waste facility within the county under the district's approved solid waste management plan; paying the costs incurred by boards of health for collecting and analyzing water samples from public or private wells on lands adjacent to solid waste facilities that are contained in the approved or amended plan of the district; paying the costs of developing and implementing a program for the inspection of solid wastes generated outside the boundaries of this state that are disposed of at solid waste facilities included in the district's approved solid waste management plan or amended plan; providing financial assistance to boards of health within the district for enforcing laws prohibiting open dumping; providing financial assistance to local law enforcement agencies within the district for enforcing laws and ordinances prohibiting littering; providing financial assistance to boards of health of health districts within the district that are on the approved list under section 3734.08 of the Revised Code for the training and certification required for their employees responsible for solid waste enforcement by rules adopted under division (L) of section 3734.02 of the Revised Code; providing financial assistance to individual municipal corporations and townships within the district to defray their added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation within their boundaries of a composting, energy or resource recovery, incineration, or recycling facility that either is owned by the district or is furnishing solid waste management facility or recycling services to the district pursuant to a contract or agreement with the board of county commissioners or directors of the district; and payment of any expenses that are agreed to, awarded, or ordered to be paid under section 3734.35 of the Revised Code and of any administrative costs incurred pursuant to that section, the solid waste management policy committee of a county or joint solid waste management district may levy fees upon the following activities:
(1) The disposal at a solid waste disposal facility located in the district of solid wastes generated within the district;
(2) The disposal at a solid waste disposal facility within the district of solid wastes generated outside the boundaries of the district, but inside this state;
(3) The disposal at a solid waste disposal facility within the district of solid wastes generated outside the boundaries of this state.
If any such fees are levied prior to January 1, 1994, fees levied under division (B)(1) of this section always shall be equal to one-half of the fees levied under division (B)(2) of this section, and fees levied under division (B)(3) of this section, which shall be in addition to fees levied under division (B)(2) of this section, always shall be equal to fees levied under division (B)(1) of this section, except as otherwise provided in this division. The solid waste management plan of the county or joint district approved under section 3734.521 or 3734.55 of the Revised Code and any amendments to it, or the resolution adopted under this division, as appropriate, shall establish the rates of the fees levied under divisions (B)(1), (2), and (3) of this section, if any, and shall specify whether the fees are levied on the basis of tons or cubic yards as the unit of measurement. Although the fees under divisions (A)(1) and (2) of this section are levied on the basis of tons as the unit of measurement, the solid waste management plan of the district and any amendments to it or the solid waste management policy committee in its resolution levying fees under this division may direct that the fees levied under those divisions be levied on the basis of cubic yards as the unit of measurement based upon a conversion factor of three cubic yards per ton generally or one cubic yard per ton for baled wastes if the fees under divisions (B)(1) to (3) of this section are being levied on the basis of cubic yards as the unit of measurement under the plan, amended plan, or resolution.
On and after January 1, 1994, the fee levied under division (B)(1) of this section shall be not less than one dollar per ton nor more than two dollars per ton, the fee levied under division (B)(2) of this section shall be not less than two dollars per ton nor more than four dollars per ton, and the fee levied under division (B)(3) of this section shall be not more than the fee levied under division (B)(1) of this section, except as otherwise provided in this division and notwithstanding any schedule of those fees established in the solid waste management plan of a county or joint district approved under section 3734.55 of the Revised Code or a resolution adopted and ratified under this division that is in effect on that date. If the fee that a district is levying under division (B)(1) of this section on that date under its approved plan or such a resolution is less than one dollar per ton, the fee shall be one dollar per ton on and after January 1, 1994, and if the fee that a district is so levying under that division exceeds two dollars per ton, the fee shall be two dollars per ton on and after that date. If the fee that a district is so levying under division (B)(2) of this section is less than two dollars per ton, the fee shall be two dollars per ton on and after that date, and if the fee that the district is so levying under that division exceeds four dollars per ton, the fee shall be four dollars per ton on and after that date. On that date, the fee levied by a district under division (B)(3) of this section shall be equal to the fee levied under division (B)(1) of this section. Except as otherwise provided in this division, the fees established by the operation of this amendment shall remain in effect until the district's resolution levying fees under this division is amended or repealed in accordance with this division to amend or abolish the schedule of fees, the schedule of fees is amended or abolished in an amended plan of the district approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or the schedule of fees is amended or abolished through an amendment to the district's plan under division (E) of section 3734.56 of the Revised Code; the notification of the amendment or abolishment of the fees has been given in accordance with this division; and collection of the amended fees so established commences, or collection of the fees ceases, in accordance with this division.
The solid waste management policy committee of a district levying fees under divisions (B)(1) to (3) of this section on October 29, 1993, under its solid waste management plan approved under section 3734.55 of the Revised Code or a resolution adopted and ratified under this division that are within the ranges of rates prescribed by this amendment, by adoption of a resolution not later than December 1, 1993, and without the necessity for ratification of the resolution under this division, may amend those fees within the prescribed ranges, provided that the estimated revenues from the amended fees will not substantially exceed the estimated revenues set forth in the district's budget for calendar year 1994. Not later than seven days after the adoption of such a resolution, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the adoption of the resolution and of the amount of the amended fees. Collection of the amended fees shall take effect on the first day of the first month following the month in which the notification is sent to the owner or operator. The fees established in such a resolution shall remain in effect until the district's resolution levying fees that was adopted and ratified under this division is amended or repealed, and the amendment or repeal of the resolution is ratified, in accordance with this division, to amend or abolish the fees, the schedule of fees is amended or abolished in an amended plan of the district approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or the schedule of fees is amended or abolished through an amendment to the district's plan under division (E) of section 3734.56 of the Revised Code; the notification of the amendment or abolishment of the fees has been given in accordance with this division; and collection of the amended fees so established commences, or collection of the fees ceases, in accordance with this division.
Prior to the approval of the solid waste management plan of the district under section 3734.55 of the Revised Code, the solid waste management policy committee of a district may levy fees under this division by adopting a resolution establishing the proposed amount of the fees. Upon adopting the resolution, the committee shall deliver a copy of the resolution to the board of county commissioners of each county forming the district and to the legislative authority of each municipal corporation and township under the jurisdiction of the district and shall prepare and publish the resolution and a notice of the time and location where a public hearing on the fees will be held. Upon adopting the resolution, the committee shall deliver written notice of the adoption of the resolution; of the amount of the proposed fees; and of the date, time, and location of the public hearing to the director and to the fifty industrial, commercial, or institutional generators of solid wastes within the district that generate the largest quantities of solid wastes, as determined by the committee, and to their local trade associations. The committee shall make good faith efforts to identify those generators within the district and their local trade associations, but the nonprovision of notice under this division to a particular generator or local trade association does not invalidate the proceedings under this division. The publication shall occur at least thirty days before the hearing. After the hearing, the committee may make such revisions to the proposed fees as it considers appropriate and thereafter, by resolution, shall adopt the revised fee schedule. Upon adopting the revised fee schedule, the committee shall deliver a copy of the resolution doing so to the board of county commissioners of each county forming the district and to the legislative authority of each municipal corporation and township under the jurisdiction of the district. Within sixty days after the delivery of a copy of the resolution adopting the proposed revised fees by the policy committee, each such board and legislative authority, by ordinance or resolution, shall approve or disapprove the revised fees and deliver a copy of the ordinance or resolution to the committee. If any such board or legislative authority fails to adopt and deliver to the policy committee an ordinance or resolution approving or disapproving the revised fees within sixty days after the policy committee delivered its resolution adopting the proposed revised fees, it shall be conclusively presumed that the board or legislative authority has approved the proposed revised fees.
In the case of a county district or a joint district formed by two or three counties, the committee shall declare the proposed revised fees to be ratified as the fee schedule of the district upon determining that the board of county commissioners of each county forming the district has approved the proposed revised fees and that the legislative authorities of a combination of municipal corporations and townships with a combined population within the district comprising at least sixty per cent of the total population of the district have approved the proposed revised fees, provided that in the case of a county district, that combination shall include the municipal corporation having the largest population within the boundaries of the district, and provided further that in the case of a joint district formed by two or three counties, that combination shall include for each county forming the joint district the municipal corporation having the largest population within the boundaries of both the county in which the municipal corporation is located and the joint district. In the case of a joint district formed by four or more counties, the committee shall declare the proposed revised fees to be ratified as the fee schedule of the joint district upon determining that the boards of county commissioners of a majority of the counties forming the district have approved the proposed revised fees; that, in each of a majority of the counties forming the joint district, the proposed revised fees have been approved by the municipal corporation having the largest population within the county and the joint district; and that the legislative authorities of a combination of municipal corporations and townships with a combined population within the joint district comprising at least sixty per cent of the total population of the joint district have approved the proposed revised fees.
For the purposes of this division, only the population of the unincorporated area of a township shall be considered. For the purpose of determining the largest municipal corporation within each county under this division, a municipal corporation that is located in more than one solid waste management district, but that is under the jurisdiction of one county or joint solid waste management district in accordance with division (A) of section 3734.52 of the Revised Code shall be considered to be within the boundaries of the county in which a majority of the population of the municipal corporation resides.
The committee may amend the schedule of fees levied pursuant to a resolution or amended resolution adopted and ratified under this division by adopting a resolution establishing the proposed amount of the amended fees. The committee may abolish the fees levied pursuant to such a resolution or amended resolution by adopting a resolution proposing to repeal them. Upon adopting such a resolution, the committee shall proceed to obtain ratification of the resolution in accordance with this division.
Not later than fourteen days after declaring the fees or amended fees to be ratified under this division, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the ratification and the amount of the fees. Collection of any fees or amended fees ratified on or after March 24, 1992, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.
Not later than fourteen days after declaring the repeal of the district's schedule of fees to be ratified under this division, the committee shall notify by certified mail the owner or operator of each facility that is collecting the fees of the repeal. Collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.
Not later than fourteen days after the director issues an order approving a district's solid waste management plan under section 3734.55 of the Revised Code or amended plan under division (A) or (D) of section 3734.56 of the Revised Code that establishes or amends a schedule of fees levied by the district, or the ratification of an amendment to the district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code that establishes or amends a schedule of fees, as appropriate, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the approval of the plan or amended plan, or the amendment to the plan, as appropriate, and the amount of the fees or amended fees. In the case of an initial or amended plan approved under section 3734.521 of the Revised Code in connection with a change in district composition, other than one involving the withdrawal of a county from a joint district, that establishes or amends a schedule of fees levied under divisions (B)(1) to (3) of this section by a district resulting from the change, the committee, within fourteen days after the change takes effect pursuant to division (G) of that section, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees that the change has taken effect and of the amount of the fees or amended fees. Collection of any fees set forth in a plan or amended plan approved by the director on or after April 16, 1993, or an amendment of a plan or amended plan under division (E) of section 3734.56 of the Revised Code that is ratified on or after April 16, 1993, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.
Not later than fourteen days after the director issues an order approving a district's plan under section 3734.55 of the Revised Code or amended plan under division (A) or (D) of section 3734.56 of the Revised Code that abolishes the schedule of fees levied under divisions (B)(1) to (3) of this section, or an amendment to the district's approved plan or amended plan abolishing the schedule of fees is ratified pursuant to division (E) of section 3734.56 of the Revised Code, as appropriate, the committee shall notify by certified mail the owner or operator of each facility that is collecting the fees of the approval of the plan or amended plan, or the amendment of the plan or amended plan, as appropriate, and the abolishment of the fees. In the case of an initial or amended plan approved under section 3734.521 of the Revised Code in connection with a change in district composition, other than one involving the withdrawal of a county from a joint district, that abolishes the schedule of fees levied under divisions (B)(1) to (3) of this section by a district resulting from the change, the committee, within fourteen days after the change takes effect pursuant to division (G) of that section, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees that the change has taken effect and of the abolishment of the fees. Collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.
Except as otherwise provided in this division, if the schedule of fees that a district is levying under divisions (B)(1) to (3) of this section pursuant to a resolution or amended resolution adopted and ratified under this division, the solid waste management plan of the district approved under section 3734.55 of the Revised Code, an amended plan approved under division (A) or (D) of section 3734.56 of the Revised Code, or an amendment to the district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code, is amended by the adoption and ratification of an amendment to the resolution or amended resolution or an amendment of the district's approved plan or amended plan, the fees in effect immediately prior to the approval of the plan or the amendment of the resolution, amended resolution, plan, or amended plan, as appropriate, shall continue to be collected until collection of the amended fees commences pursuant to this division.
If, in the case of a change in district composition involving the withdrawal of a county from a joint district, the director completes the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code, as appropriate, forty-five days or more before the beginning of a calendar year, the policy committee of each of the districts resulting from the change that obtained the director's approval of an initial or amended plan in connection with the change, within fourteen days after the director's completion of the required actions, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the district's fees that the change is to take effect on the first day of January immediately following the issuance of the notice and of the amount of the fees or amended fees levied under divisions (B)(1) to (3) of this section pursuant to the district's initial or amended plan as so approved or, if appropriate, the abolishment of the district's fees by that initial or amended plan. Collection of any fees set forth in such a plan or amended plan shall commence on the first day of January immediately following the issuance of the notice. If such an initial or amended plan abolishes a schedule of fees, collection of the fees shall cease on that first day of January.
If, in the case of a change in district composition involving the withdrawal of a county from a joint district, the director completes the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code, as appropriate, less than forty-five days before the beginning of a calendar year, the director, on behalf of each of the districts resulting from the change that obtained the director's approval of an initial or amended plan in connection with the change proceedings, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the district's fees that the change is to take effect on the first day of January immediately following the mailing of the notice and of the amount of the fees or amended fees levied under divisions (B)(1) to (3) of this section pursuant to the district's initial or amended plan as so approved or, if appropriate, the abolishment of the district's fees by that initial or amended plan. Collection of any fees set forth in such a plan or amended plan shall commence on the first day of the second month following the month in which notification is sent to the owner or operator. If such an initial or amended plan abolishes a schedule of fees, collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.
In the case of a change in district composition, the schedule of fees that the former districts that existed prior to the change were levying under divisions (B)(1) to (3) of this section pursuant to a resolution or amended resolution adopted and ratified under this division, the solid waste management plan of a former district approved under section 3734.521 or 3734.55 of the Revised Code, an amended plan approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or an amendment to a former district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code, and that were in effect on the date that the director completed the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code shall continue to be collected until the collection of the fees or amended fees of the districts resulting from the change is required to commence, or if an initial or amended plan of a resulting district abolishes a schedule of fees, collection of the fees is required to cease, under this division. Moneys so received from the collection of the fees of the former districts shall be divided among the resulting districts in accordance with division (B) of section 343.012 of the Revised Code and the agreements entered into under division (B) of section 343.01 of the Revised Code to establish the former and resulting districts and any amendments to those agreements.
For the purposes of the provisions of division (B) of this section establishing the times when newly established or amended fees levied by a district are required to commence and the collection of fees that have been amended or abolished is required to cease, "fees" or "schedule of fees" includes, in addition to fees levied under divisions (B)(1) to (3) of this section, those levied under section 3734.573 or 3734.574 of the Revised Code.
(C) For the purposes of defraying the added costs to a municipal corporation or township of maintaining roads and other public facilities and of providing emergency and other public services, and compensating a municipal corporation or township for reductions in real property tax revenues due to reductions in real property valuations resulting from the location and operation of a solid waste disposal facility within the municipal corporation or township, a municipal corporation or township in which such a solid waste disposal facility is located may levy a fee of not more than twenty-five cents per ton on the disposal of solid wastes at a solid waste disposal facility located within the boundaries of the municipal corporation or township regardless of where the wastes were generated.
The legislative authority of a municipal corporation or township may levy fees under this division by enacting an ordinance or adopting a resolution establishing the amount of the fees. Upon so doing the legislative authority shall mail a certified copy of the ordinance or resolution to the board of county commissioners or directors of the county or joint solid waste management district in which the municipal corporation or township is located or, if a regional solid waste management authority has been formed under section 343.011 of the Revised Code, to the board of trustees of that regional authority, the owner or operator of each solid waste disposal facility in the municipal corporation or township that is required to collect the fee by the ordinance or resolution, and the director of environmental protection. Although the fees levied under this division are levied on the basis of tons as the unit of measurement, the legislative authority, in its ordinance or resolution levying the fees under this division, may direct that the fees be levied on the basis of cubic yards as the unit of measurement based upon a conversion factor of three cubic yards per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or adopting a resolution under this division, the legislative authority shall so notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fee. Collection of any fee levied on or after March 24, 1992, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of this section do not apply to the disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator of the wastes when the solid waste facility exclusively disposes of solid wastes generated at one or more premises owned by the generator regardless of whether the facility is located on a premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose of wastes that are generated from the combustion of coal, or from the combustion of primarily coal in combination with scrap tires, that is not combined in any way with garbage at one or more premises owned by the generator.
(2) Except as provided in section 3734.571 of the Revised Code, any fees levied under division (B)(1) of this section apply to solid wastes originating outside the boundaries of a county or joint district that are covered by an agreement for the joint use of solid waste facilities entered into under section 343.02 of the Revised Code by the board of county commissioners or board of directors of the county or joint district where the wastes are generated and disposed of.
(3) When solid wastes, other than solid wastes that consist of scrap tires, are burned in a disposal facility that is an incinerator or energy recovery facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of the fly ash and bottom ash remaining after burning of the solid wastes and shall be collected by the owner or operator of the sanitary landfill where the ash is disposed of.
(4) When solid wastes are delivered to a solid waste transfer facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of solid wastes transported off the premises of the transfer facility for disposal and shall be collected by the owner or operator of the solid waste disposal facility where the wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of this section do not apply to sewage sludge that is generated by a waste water treatment facility holding a national pollutant discharge elimination system permit and that is disposed of through incineration, land application, or composting or at another resource recovery or disposal facility that is not a landfill.
(6) The fees levied under divisions (A), (B), and (C) of this section do not apply to solid wastes delivered to a solid waste composting facility for processing. When any unprocessed solid waste or compost product is transported off the premises of a composting facility and disposed of at a landfill, the fees levied under divisions (A), (B), and (C) of this section shall be collected by the owner or operator of the landfill where the unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are processed at a scrap tire recovery facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of the fly ash and bottom ash or other solid wastes remaining after the processing of the scrap tires and shall be collected by the owner or operator of the solid waste disposal facility where the ash or other solid wastes are disposed of.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees levied under division (B) of this
section shall be forwarded
to the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the clerk fiscal officer of the township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or such other officer
of the municipal corporation under division (E) of this section
shall be paid into the general fund of the municipal corporation.
Moneys received by the clerk fiscal officer of the township under that division
shall be paid into the general fund of the township. The
treasurer or such other officer of the municipal corporation or
the clerk township fiscal officer, as appropriate, shall maintain separate records of the
moneys received from the fees levied under division (C) of this
section.
(G) Moneys received by the board of county commissioners or board of directors under division (E) of this section or section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code shall be paid to the county treasurer, or other official acting in a similar capacity under a county charter, in a county district or to the county treasurer or other official designated by the board of directors in a joint district and kept in a separate and distinct fund to the credit of the district. If a regional solid waste management authority has been formed under section 343.011 of the Revised Code, moneys received by the board of trustees of that regional authority under division (E) of this section shall be kept by the board in a separate and distinct fund to the credit of the district. Moneys in the special fund of the county or joint district arising from the fees levied under division (B) of this section and the fee levied under division (A) of section 3734.573 of the Revised Code shall be expended by the board of county commissioners or directors of the district in accordance with the district's solid waste management plan or amended plan approved under section 3734.521, 3734.55, or 3734.56 of the Revised Code exclusively for the following purposes:
(1) Preparation of the solid waste management plan of the district under section 3734.54 of the Revised Code, monitoring implementation of the plan, and conducting the periodic review and amendment of the plan required by section 3734.56 of the Revised Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management plan or amended plan of the district, including, without limitation, the development and implementation of solid waste recycling or reduction programs;
(3) Providing financial assistance to boards of health within the district, if solid waste facilities are located within the district, for enforcement of this chapter and rules, orders, and terms and conditions of permits, licenses, and variances adopted or issued under it, other than the hazardous waste provisions of this chapter and rules adopted and orders and terms and conditions of permits issued under those provisions;
(4) Providing financial assistance to each county within the district to defray the added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation of a solid waste facility within the county under the district's approved solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of health within the district, if solid waste facilities contained in the district's approved plan or amended plan are located within the district, for paying the costs incurred by those boards of health for collecting and analyzing samples from public or private water wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the inspection of solid wastes generated outside the boundaries of this state that are disposed of at solid waste facilities included in the district's approved solid waste management plan or amended plan;
(7) Providing financial assistance to boards of health within the district for the enforcement of section 3734.03 of the Revised Code or to local law enforcement agencies having jurisdiction within the district for enforcing anti-littering laws and ordinances;
(8) Providing financial assistance to boards of health of health districts within the district that are on the approved list under section 3734.08 of the Revised Code to defray the costs to the health districts for the participation of their employees responsible for enforcement of the solid waste provisions of this chapter and rules adopted and orders and terms and conditions of permits, licenses, and variances issued under those provisions in the training and certification program as required by rules adopted under division (L) of section 3734.02 of the Revised Code;
(9) Providing financial assistance to individual municipal corporations and townships within the district to defray their added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation within their boundaries of a composting, energy or resource recovery, incineration, or recycling facility that either is owned by the district or is furnishing solid waste management facility or recycling services to the district pursuant to a contract or agreement with the board of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or ordered to be paid under section 3734.35 of the Revised Code and of any administrative costs incurred pursuant to that section. In the case of a joint solid waste management district, if the board of county commissioners of one of the counties in the district is negotiating on behalf of affected communities, as defined in that section, in that county, the board shall obtain the approval of the board of directors of the district in order to expend moneys for administrative costs incurred.
Prior to the approval of the district's solid waste management plan under section 3734.55 of the Revised Code, moneys in the special fund of the district arising from the fees shall be expended for those purposes in the manner prescribed by the solid waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section as it existed prior to October 29, 1993, or any provision in a district's solid waste management plan prepared in accordance with division (B)(2)(e) of section 3734.53 of the Revised Code as it existed prior to that date, any moneys arising from the fees levied under division (B)(3) of this section prior to January 1, 1994, may be expended for any of the purposes authorized in divisions (G)(1) to (10) of this section.
(H) The director shall adopt
rules in accordance with
Chapter 119. of the Revised Code
prescribing procedures for
collecting and forwarding the fees
levied under divisions (B) and
(C) of this section to the boards
of county commissioners or
directors of county or joint solid
waste management districts and
to the treasurers or other
officers of municipal corporations or
to and the clerks fiscal officers of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section. Collection of the fees levied under division
(A)(1) of
this section shall commence on July 1, 1993. Collection
of the
fees
levied under division (A)(2) of this section shall
commence
on January 1, 1994.
Sec. 4301.80. (A) As used in this section, "community entertainment district" means a bounded area that includes or will include a combination of entertainment, retail, educational, sporting, social, cultural, or arts establishments within close proximity to some or all of the following types of establishments within the district, or other types of establishments similar to these:
(1) Hotels;
(2) Restaurants;
(3) Retail sales establishments;
(4) Enclosed shopping centers;
(5) Museums;
(6) Performing arts theaters;
(7) Motion picture theaters;
(8) Night clubs;
(9) Convention facilities;
(10) Sports facilities;
(11) Entertainment facilities or complexes;
(12) Any combination of the establishments described in division (A)(1) to (11) of this section that provide similar services to the community.
(B) Any owner of property located in a municipal corporation seeking to have that property, or that property and other surrounding property, designated as a community entertainment district shall file an application seeking this designation with the mayor of the municipal corporation in which that property is located. Any owner of property located in the unincorporated area of a township seeking to have that property, or that property and other surrounding property, designated as a community entertainment district shall file an application seeking this designation with the board of township trustees of the township in whose unincorporated area that property is located. An application to designate an area as a community entertainment district shall contain all of the following:
(1) The applicant's name and address;
(2) A map or survey of the proposed community entertainment district in sufficient detail to identify the boundaries of the district and the property owned by the applicant;
(3) A general statement of the nature and types of establishments described in division (A) of this section that are or will be located within the proposed community improvement district and any other establishments located in the proposed community entertainment district that are not described in division (A) of this section;
(4) If some or all of the establishments within the proposed community entertainment district have not yet been developed, the proposed time frame for completing the development of these establishments;
(5) Evidence that the uses of land within the proposed community entertainment district are in accord with the municipal corporation's or township's master zoning plan or map;
(6) A certificate from a surveyor or engineer licensed under Chapter 4733. of the Revised Code indicating that the area encompassed by the proposed community entertainment district contains no less than twenty contiguous acres;
(7) A handling and processing fee to accompany the application, payable to the applicable municipal corporation or township, in an amount determined by that municipal corporation or township.
(C) An application described in division (B) of this section relating to an area located in a municipal corporation shall be addressed and submitted to the mayor of the municipal corporation in which the area described in the application is located. The mayor, within thirty days after receiving the application, shall submit the application with the mayor's recommendation to the legislative authority of the municipal corporation. An application described in division (B) of this section relating to an area located in the unincorporated area of a township shall be addressed and submitted to the board of township trustees of the township in whose unincorporated area the area described in the application is located. The application is a public record for purposes of section 149.43 of the Revised Code upon its receipt by the mayor or board of township trustees.
Within thirty days after it receives the application and the
mayor's
recommendations relating to the application, the
legislative authority of the
municipal corporation, by notice
published once a week for two consecutive
weeks in at least one
newspaper of general circulation in the municipal
corporation,
shall notify the public that the application is on file in the
office of the clerk of the municipal corporation and is available
for
inspection by the public during regular business hours.
Within
thirty days after it receives the application, the board of
township
trustees, by notice published once a week for two
consecutive weeks in at
least one newspaper of general circulation
in the township, shall notify the
public that the application is
on file in the office of the township
clerk
fiscal officer and
is
available for inspection by the public during regular business
hours. The
notice shall also indicate the date and time of any
public hearing by the
legislative authority or board of township
trustees on the application.
Within seventy-five days after the date the application is filed with the mayor of a municipal corporation, the legislative authority of the municipal corporation by ordinance or resolution shall approve or disapprove the application based on whether the proposed community entertainment district does or will substantially contribute to entertainment, retail, educational, sporting, social, cultural, or arts opportunities for the community. The community considered shall at a minimum include the municipal corporation in which the community is located. Any approval of an application shall be by an affirmative majority vote of the legislative authority.
Within seventy-five days after the date the application is filed with a board of township trustees, the board by resolution shall approve or disapprove the application based on whether the proposed community entertainment district does or will substantially contribute to entertainment, retail, educational, sporting, social, cultural, or arts opportunities for the community. The community considered shall at a minimum include the township in which the community is located. Any approval of an application shall be by an affirmative majority vote of the board of township trustees.
If the legislative authority or board of township trustees disapproves the application, the applicant may make changes in the application to secure its approval by the legislative authority or board of township trustees. Any area approved by the legislative authority or board of township trustees constitutes a community entertainment district, and a local option election may be conducted in the district, as a type of community facility, under section 4301.356 of the Revised Code.
(D) All or part of an area designated as a community entertainment district may lose this designation as provided in this division. The legislative authority of a municipal corporation in which a community entertainment district is located, or the board of township trustees of the township in whose unincorporated area a community entertainment district is located, after giving notice of its proposed action by publication once a week for two consecutive weeks in at least one newspaper of general circulation in the municipal corporation or township, may determine by ordinance or resolution in the case of the legislative authority of a municipal corporation, or by resolution in the case of a board of township trustees of a township, that all or part of the area fails to meet the standards described in this section for designation of an area as a community entertainment district. If the legislative authority or board so determines, the area designated in the ordinance or resolution no longer constitutes a community entertainment district.
Sec. 4303.26. (A) Applications for regular permits authorized by sections 4303.02 to 4303.23 of the Revised Code may be filed with the division of liquor control. No permit shall be issued by the division until fifteen days after the application for it is filed. An applicant for the issuance of a new permit shall pay a processing fee of one hundred dollars when filing application for the permit, if the permit is then available, or shall pay the processing fee when a permit becomes available, if it is not available when the applicant initially files the application. When an application for a new class C or D permit is filed, when class C or D permits become available, or when an application for transfer of ownership of a class C or D permit or transfer of a location of a class C or D permit is filed, no permit shall be issued, nor shall the location or the ownership of a permit be transferred, by the division until the division notifies the legislative authority of the municipal corporation, if the business or event is or is to be located within the corporate limits of a municipal corporation, or the clerk of the board of county commissioners and the fiscal officer of the board of township trustees in the county in which the business or event is or is to be conducted, if the business is or is to be located outside the corporate limits of a municipal corporation, and an opportunity is provided officials or employees of the municipal corporation or county and township, who shall be designated by the legislative authority of the municipal corporation or the board of county commissioners or board of township trustees, for a complete hearing upon the advisability of the issuance, transfer of ownership, or transfer of location of the permit. In this hearing, no objection to the issuance, transfer of ownership, or transfer of location of the permit shall be based upon noncompliance of the proposed permit premises with local zoning regulations which prohibit the sale of beer or intoxicating liquor, in an area zoned for commercial or industrial uses, for a permit premises that would otherwise qualify for a proper permit issued by the division.
When the division sends notice to the legislative or executive authority of the political subdivision, as required by this section, the division shall also so notify, by certified mail, return receipt requested, or by personal service, the chief peace officer of the political subdivision. Upon the request of the chief peace officer, the division shall send the chief peace officer a copy of the application for the issuance or the transfer of ownership or location of the permit and all other documents or materials filed by the applicant or applicants in relation to the application. The chief peace officer may appear and testify, either in person or through a representative, at any hearing held on the advisability of the issuance, transfer of ownership, or transfer of location of the permit. The hearing shall be held in the central office of the division, except that upon written request of the legislative authority of the municipal corporation or the board of county commissioners or board of township trustees, the hearing shall be held in the county seat of the county where the applicant's business is or is to be conducted.
If the business or event specified in an application for
the
issuance, transfer of ownership, or transfer of location of
any
regular permit authorized by sections 4303.02 to 4303.23 of
the
Revised Code, except for an F-2 permit, is, or is to be
operated,
within five hundred feet from the boundaries of a
parcel of real
estate having situated on it a school, church,
library, public
playground, or township park, no permit shall be
issued, nor shall
the location or the ownership of a permit be
transferred, by the
division until written notice of the
filing
of the application
with the division is served, by certified
mail, return receipt
requested, or by personal service, upon the
authorities in control
of the school, church, library, public
playground, or township
park and an opportunity is provided them
for a complete hearing
upon the advisability of the issuance,
transfer of ownership, or
transfer of location of the permit. In
this hearing, no objection
to the issuance, transfer of
ownership, or transfer of location of
the permit shall be based
upon the noncompliance of the proposed
permit premises with local
zoning regulations which prohibit the
sale of beer or
intoxicating liquor, in an area zoned for
commercial or
industrial uses, for a permit premises that would
otherwise
qualify for a proper permit issued by the
division.
Upon
the written request of
any
such
of these authorities, the
hearing
shall be held in the county seat of the county where the
applicant's business is or is to be conducted.
A request for any hearing authorized by this section shall
be
made no later than thirty days from the time of notification
by
the division. This thirty-day period begins on the date the
division mails notice to the legislative authority or
the date on
which the division mails notice to or, by
personal service, serves
notice upon, the institution. The
division shall conduct a
hearing if the request for the
hearing is
postmarked by the
deadline date. The division may allow, upon cause shown by
the
requesting legislative authority or board, an extension of
thirty
additional days for the legislative authority of the
municipal
corporation, board of township trustees of the
township, or board
of county commissioners of the county in which
a permit premises
is or is to be located to object to the
issuance, transfer of
ownership, or transfer of location of a
permit.
Such
The request
for the extension shall be made by the
legislative authority or
board to the division no later than
thirty days after the time of
notification by the division.
(B)(1) When an application for transfer of ownership of a
permit is filed with the division, the
division shall give
notice
of the application to the department of taxation. Within
twenty
days after receiving this notification, the department
of taxation
shall notify the division of liquor control and
the proposed
transferee of the permit if the permit holder owes to
this state
any delinquent sales taxes or income taxes withheld
from employee
compensation or has failed to file any sales tax
returns or
employee income tax withholding returns, to the extent
that
such
the delinquent taxes and delinquent returns are known to
the
department of taxation at that time. The division shall not
transfer
ownership of the permit until
returns known to be
delinquent are filed and until
any such
the tax
or withholding
delinquency is resolved. As used in this
division, "resolved"
means that the tax or withholding
delinquency has been paid or an
amount sufficient to satisfy the
delinquency is in escrow for the
benefit of the state. The
department of taxation shall notify the
division of the resolution. After the
division has received
such
the notification from the department of
taxation, the division may
proceed to
transfer ownership of the permit. Nothing in this
division shall
be construed to affect or limit the
responsibilities or
liabilities of the transferor or the
transferee imposed by
Chapter 5739. or 5747. of the Revised Code.
(2) Notwithstanding section 5703.21 of the Revised Code, nothing prohibits the department of taxation from disclosing to the division or to the proposed transferee or the proposed transferee's designated agent any information pursuant to division (B)(1) of this section.
(C) No F or F-2 permit shall be issued for an event until the applicant has, by means of a form that the division shall provide to the applicant, notified the chief peace officer of the political subdivision in which the event will be conducted of the date, time, place, and duration of the event.
(D) The division of liquor control shall notify an applicant for a permit authorized by sections 4303.02 to 4303.23 of the Revised Code of an action pending or judgment entered against a liquor permit premises, of which the division has knowledge, pursuant to section 3767.03 or 3767.05 of the Revised Code if the applicant is applying for a permit at the location of the premises that is the subject of the action under section 3767.03 or judgment under section 3767.05 of the Revised Code.
Sec. 4928.20. (A) The legislative authority of a municipal corporation may adopt an ordinance, or the board of township trustees of a township or the board of county commissioners of a county may adopt a resolution, under which, on or after the starting date of competitive retail electric service, it may aggregate in accordance with this section the retail electrical loads located, respectively, within the municipal corporation, township, or unincorporated area of the county and, for that purpose, may enter into service agreements to facilitate for those loads the sale and purchase of electricity. The legislative authority or board also may exercise such authority jointly with any other such legislative authority or board. An ordinance or resolution under this division shall specify whether the aggregation will occur only with the prior consent of each person owning, occupying, controlling, or using an electric load center proposed to be aggregated or will occur automatically for all such persons pursuant to the opt-out requirements of division (D) of this section. Nothing in this division, however, authorizes the aggregation of such retail electric loads of an electric load center, as defined in section 4933.81 of the Revised Code, that is located in the certified territory of a nonprofit electric supplier under sections 4933.81 to 4933.90 of the Revised Code or an electric load center served by transmission or distribution facilities of a municipal electric utility.
(B) If an ordinance or resolution adopted under division (A) of this section specifies that aggregation will occur automatically as described in that division, the ordinance or resolution shall direct the board of elections to submit the question of the authority to aggregate to the electors of the respective municipal corporation, township, or unincorporated area of a county at a special election on the day of the next primary or general election in the municipal corporation, township, or county. The legislative authority or board shall certify a copy of the ordinance or resolution to the board of elections not less than seventy-five days before the day of the special election. No ordinance or resolution adopted under division (A) of this section that provides for an election under this division shall take effect unless approved by a majority of the electors voting upon the ordinance or resolution at the election held pursuant to this division.
(C) Upon the applicable requisite authority under divisions (A) and (B) of this section, the legislative authority or board shall develop a plan of operation and governance for the aggregation program so authorized. Before adopting a plan under this division, the legislative authority or board shall hold at least two public hearings on the plan. Before the first hearing, the legislative authority or board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the jurisdiction. The notice shall summarize the plan and state the date, time, and location of each hearing.
(D) No legislative authority or board, pursuant to an ordinance or resolution under divisions (A) and (B) of this section that provides for automatic aggregation as described in division (A) of this section, shall aggregate the electrical load of any electric load center located within its jurisdiction unless it in advance clearly discloses to the person owning, occupying, controlling, or using the load center that the person will be enrolled automatically in the aggregation program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure shall allow any person enrolled in the aggregation program the opportunity to opt out of the program every two years, without paying a switching fee. Any such person that opts out of the aggregation program pursuant to the stated procedure shall default to the standard service offer provided under division (A) of section 4928.14 or division (D) of section 4928.35 of the Revised Code until the person chooses an alternative supplier.
(E)(1) With respect to a governmental aggregation for a municipal corporation that is authorized pursuant to division (A) to (D) of this section, resolutions may be proposed by initiative or referendum petitions in accordance with sections 731.28 to 731.41 of the Revised Code.
(2) With respect to a governmental aggregation for a township or the unincorporated area of a county, which aggregation is authorized pursuant to division (A) to (D) of this section, resolutions may be proposed by initiative or referendum petitions in accordance with sections 731.28 to 731.40 of the Revised Code, except that:
(a) The petitions shall be filed, respectively, with the
township
clerk
fiscal officer or the board of county
commissioners, who shall perform those duties
imposed under those
sections upon the city auditor or village clerk.
(b) The petitions shall contain the signatures of not less than ten per cent of the total number of electors in, respectively, the township or the unincorporated area of the county who voted for the office of governor at the preceding general election for that office in that area.
(F) A governmental aggregator under division (A) of this section is not a public utility engaging in the wholesale purchase and resale of electricity, and provision of the aggregated service is not a wholesale utility transaction. A governmental aggregator shall be subject to supervision and regulation by the public utilities commission only to the extent of any competitive retail electric service it provides and commission authority under this chapter.
(G) This section does not apply in the case of a municipal corporation that supplies such aggregated service to electric load centers to which its municipal electric utility also supplies a noncompetitive retail electric service through transmission or distribution facilities the utility singly or jointly owns or operates.
Sec. 4929.26. (A)(1) The legislative authority of a municipal corporation may adopt an ordinance, or the board of township trustees of a township or the board of county commissioners of a county may adopt a resolution, under which, in accordance with this section and except as otherwise provided in division (A)(2) of this section, the legislative authority or board may aggregate automatically, subject to the opt-out requirements of division (D) of this section, competitive retail natural gas service for the retail natural gas loads that are located, respectively, within the municipal corporation, township, or unincorporated area of the county and for which there is a choice of supplier of that service as a result of revised schedules approved under division (C) of section 4929.29 of the Revised Code, a rule or order adopted or issued by the commission under Chapter 4905. of the Revised Code, or an exemption granted by the commission under sections 4929.04 to 4929.08 of the Revised Code. An ordinance or a resolution adopted under this section shall expressly state that it is adopted pursuant to the authority conferred by this section. The legislative authority or board also may exercise its authority under this section jointly with any other such legislative authority or board. For the purpose of the aggregation, the legislative authority or board may enter into service agreements to facilitate the sale and purchase of the service for the retail natural gas loads.
(2)(a) No aggregation under an ordinance or resolution adopted under division (A)(1) of this section shall include the retail natural gas load of any person that meets any of the following criteria:
(i) The person is both a distribution service customer and a mercantile customer on the date of commencement of service to the aggregated load, or the person becomes a distribution service customer after that date and also is a mercantile customer.
(ii) The person is supplied with commodity sales service pursuant to a contract with a retail natural gas supplier that is in effect on the effective date of the ordinance or resolution.
(iii) The person is supplied with commodity sales service as part of a retail natural gas load aggregation provided for pursuant to a rule or order adopted or issued by the commission under this chapter or Chapter 4905. of the Revised Code.
(b) Nothing in division (A)(2)(a) of this section precludes a governmental aggregation under this section from permitting the retail natural gas load of a person described in division (A)(2)(a) of this section from being included in the aggregation upon the expiration of any contract or aggregation as described in division (A)(2)(a)(ii) or (iii) of this section or upon the person no longer being a customer as described in division (A)(2)(a)(i) of this section or qualifying to be included in an aggregation described under division (A)(2)(a)(iii) of this section.
(B) An ordinance or resolution adopted under division (A) of this section shall direct the board of elections to submit the question of the authority to aggregate to the electors of the respective municipal corporation, township, or unincorporated area of a county at a special election on the day of the next primary or general election in the municipal corporation, township, or county. The legislative authority or board shall certify a copy of the ordinance or resolution to the board of elections not less than seventy-five days before the day of the special election. No ordinance or resolution adopted under division (A) of this section that provides for an election under this division shall take effect unless approved by a majority of the electors voting upon the ordinance or resolution at the election held pursuant to this division.
(C) Upon the applicable requisite authority under divisions (A) and (B) of this section, the legislative authority or board shall develop a plan of operation and governance for the aggregation program so authorized. Before adopting a plan under this division, the legislative authority or board shall hold at least two public hearings on the plan. Before the first hearing, the legislative authority or board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the jurisdiction. The notice shall summarize the plan and state the date, time, and location of each hearing.
(D) No legislative authority or board, pursuant to an ordinance or resolution under divisions (A) and (B) of this section, shall aggregate any retail natural gas load located within its jurisdiction unless it in advance clearly discloses to the person whose retail natural gas load is to be so aggregated that the person will be enrolled automatically in the aggregation and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure shall allow any person enrolled in the aggregation the opportunity to opt out of the aggregation every two years, without paying a switching fee. Any such person that opts out of the aggregation pursuant to the stated procedure shall default to the natural gas company providing distribution service for the person's retail natural gas load, until the person chooses an alternative supplier.
(E)(1) With respect to a governmental aggregation for a municipal corporation that is authorized pursuant to divisions (A) to (D) of this section, resolutions may be proposed by initiative or referendum petitions in accordance with sections 731.28 to 731.41 of the Revised Code.
(2) With respect to a governmental aggregation for a township or the unincorporated area of a county, which aggregation is authorized pursuant to divisions (A) to (D) of this section, resolutions may be proposed by initiative or referendum petitions in accordance with sections 731.28 to 731.40 of the Revised Code, except that:
(a) The petitions shall be filed, respectively, with the
township
clerk
fiscal officer or the board of county
commissioners, who shall
perform those duties imposed under those
sections upon the city
auditor or village clerk.
(b) The petitions shall contain the signatures of not less than ten per cent of the total number of electors in the township or the unincorporated area of the county, respectively, who voted for the office of governor at the preceding general election for that office in that area.
(F) A governmental aggregator under division (A) of this section is not a public utility engaging in the wholesale purchase and resale of natural gas, and provision of the aggregated service is not a wholesale utility transaction. A governmental aggregator shall be subject to supervision and regulation by the public utilities commission only to the extent of any competitive retail natural gas service it provides and commission authority under this chapter.
Sec. 4929.27. (A)(1) The legislative authority of a municipal corporation may adopt an ordinance, or the board of township trustees of a township or the board of county commissioners of a county may adopt a resolution, under which, in accordance with this section and except as otherwise provided in division (A)(2) of this section, the legislative authority or board may aggregate, with the prior consent of each person whose retail natural gas load is proposed to be aggregated, competitive retail natural gas service for any such retail natural gas load that is located, respectively, within the municipal corporation, township, or unincorporated area of the county and for which there is a choice of supplier of that service as a result of revised schedules approved under division (C) of section 4929.29 of the Revised Code, a rule or order adopted or issued by the commission under Chapter 4905. of the Revised Code, or an exemption granted by the commission under sections 4929.04 to 4929.08 of the Revised Code. An ordinance or a resolution adopted under this section shall expressly state that it is adopted pursuant to the authority conferred by this section. The legislative authority or board also may exercise such authority jointly with any other such legislative authority or board. For the purpose of the aggregation, the legislative authority or board may enter into service agreements to facilitate the sale and purchase of the service for the retail natural gas loads.
(2)(a) No aggregation under an ordinance or resolution adopted under division (A)(1) of this section shall include the retail natural gas load of any person that meets either of the following criteria:
(i) The person is supplied with commodity sales service pursuant to a contract with a retail natural gas supplier that is in effect on the effective date of the ordinance or resolution.
(ii) The person is supplied with commodity sales service as part of a retail natural gas load aggregation provided for pursuant to a rule or order adopted or issued by the commission under this chapter or Chapter 4905. of the Revised Code.
(b) Nothing in division (A)(2)(a) of this section precludes
a governmental aggregation under this section from permitting the
retail natural gas load of a person described in division
(A)(2)(a) of this section from being included in the aggregation
upon the expiration of any contract or aggregation as described in
division (A)(2)(a)(i) or (ii) of this section or upon the person
no longer qualifying to be included in
such an aggregation.
(B) Upon the applicable requisite authority under division (A) of this section, the legislative authority or board shall develop a plan of operation and governance for the aggregation program so authorized. Before adopting a plan under this division, the legislative authority or board shall hold at least two public hearings on the plan. Before the first hearing, the legislative authority or board shall publish notice of the hearings once a week for two consecutive weeks in a newspaper of general circulation in the jurisdiction. The notice shall summarize the plan and state the date, time, and location of each hearing.
(C)(1) With respect to a governmental aggregation for a municipal corporation that is authorized pursuant to division (A) of this section, resolutions may be proposed by initiative or referendum petitions in accordance with sections 731.28 to 731.41 of the Revised Code.
(2) With respect to a governmental aggregation for a township or the unincorporated area of a county, which aggregation is authorized pursuant to division (A) of this section, resolutions may be proposed by initiative or referendum petitions in accordance with sections 731.28 to 731.40 of the Revised Code, except that:
(a) The petitions shall be filed, respectively, with the
township
clerk
fiscal officer or the board of county
commissioners, who shall
perform those duties imposed under those
sections upon the city
auditor or village clerk.
(b) The petitions shall contain the signatures of not less than ten per cent of the total number of electors in the township or the unincorporated area of the county, respectively, who voted for the office of governor at the preceding general election for that office in that area.
(D) A governmental aggregator under division (A) of this section is not a public utility engaging in the wholesale purchase and resale of natural gas, and provision of the aggregated service is not a wholesale utility transaction. A governmental aggregator shall be subject to supervision and regulation by the public utilities commission only to the extent of any competitive retail natural gas service it provides and commission authority under this chapter.
Sec. 5123.19. (A) As used in this section and in sections 5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised Code:
(1)(a) "Residential facility" means a home or facility in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home certified under section 5126.05 of the Revised Code, a county home or district home operated pursuant to Chapter 5155. of the Revised Code, or a dwelling in which the only mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living.
(b) "Intermediate care facility for the mentally retarded" means a residential facility that is considered an intermediate care facility for the mentally retarded for the purposes of Chapter 5111. of the Revised Code.
(2) "Political subdivision" means a municipal corporation, county, or township.
(3) "Independent living arrangement" means an arrangement in which a mentally retarded or developmentally disabled person resides in an individualized setting chosen by the person or the person's guardian, which is not dedicated principally to the provision of residential services for mentally retarded or developmentally disabled persons, and for which no financial support is received for rendering such service from any governmental agency by a provider of residential services.
(4) "Supported living" has the same meaning as in section 5126.01 of the Revised Code.
(5) "Licensee" means the person or government agency that has applied for a license to operate a residential facility and to which the license was issued under this section.
(B) Every person or government agency desiring to operate a residential facility shall apply for licensure of the facility to the director of mental retardation and developmental disabilities unless the residential facility is subject to section 3721.02, 3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of the Revised Code, a nursing home that is certified as an intermediate care facility for the mentally retarded under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for licensure of the portion of the home that is certified as an intermediate care facility for the mentally retarded.
(C) Subject to section 5123.196 of the Revised Code, the director of mental retardation and developmental disabilities shall license the operation of residential facilities. An initial license shall be issued for a period that does not exceed one year, unless the director denies the license under division (D) of this section. A license shall be renewed for a period that does not exceed three years, unless the director refuses to renew the license under division (D) of this section. The director, when issuing or renewing a license, shall specify the period for which the license is being issued or renewed. A license remains valid for the length of the licensing period specified by the director, unless the license is terminated, revoked, or voluntarily surrendered.
(D) If it is determined that an applicant or licensee is not in compliance with a provision of this chapter that applies to residential facilities or the rules adopted under such a provision, the director may deny issuance of a license, refuse to renew a license, terminate a license, revoke a license, issue an order for the suspension of admissions to a facility, issue an order for the placement of a monitor at a facility, issue an order for the immediate removal of residents, or take any other action the director considers necessary consistent with the director's authority under this chapter regarding residential facilities. In the director's selection and administration of the sanction to be imposed, all of the following apply:
(1) The director may deny, refuse to renew, or revoke a license, if the director determines that the applicant or licensee has demonstrated a pattern of serious noncompliance or that a violation creates a substantial risk to the health and safety of residents of a residential facility.
(2) The director may terminate a license if more than twelve consecutive months have elapsed since the residential facility was last occupied by a resident or a notice required by division (J) of this section is not given.
(3) The director may issue an order for the suspension of admissions to a facility for any violation that may result in sanctions under division (D)(1) of this section and for any other violation specified in rules adopted under division (G)(2) of this section. If the suspension of admissions is imposed for a violation that may result in sanctions under division (D)(1) of this section, the director may impose the suspension before providing an opportunity for an adjudication under Chapter 119. of the Revised Code. The director shall lift an order for the suspension of admissions when the director determines that the violation that formed the basis for the order has been corrected.
(4) The director may order the placement of a monitor at a residential facility for any violation specified in rules adopted under division (G)(2) of this section. The director shall lift the order when the director determines that the violation that formed the basis for the order has been corrected.
(5) If the director determines that two or more residential facilities owned or operated by the same person or government entity are not being operated in compliance with a provision of this chapter that applies to residential facilities or the rules adopted under such a provision, and the director's findings are based on the same or a substantially similar action, practice, circumstance, or incident that creates a substantial risk to the health and safety of the residents, the director shall conduct a survey as soon as practicable at each residential facility owned or operated by that person or government entity. The director may take any action authorized by this section with respect to any facility found to be operating in violation of a provision of this chapter that applies to residential facilities or the rules adopted under such a provision.
(6) When the director initiates license revocation
proceedings,
no opportunity for submitting a plan of correction
shall be
given.
The director shall notify the licensee by letter
of the
initiation
of such the proceedings. The letter shall list the
deficiencies of
the residential facility and inform the licensee
that no plan of
correction will be accepted. The director shall
also notify each
affected resident, the resident's guardian if
the
resident is an
adult for whom a guardian has been appointed,
the
resident's
parent or guardian if the resident is a minor, and
the
county
board of mental retardation and developmental
disabilities.
(7) Pursuant to rules which shall be adopted in accordance with Chapter 119. of the Revised Code, the director may order the immediate removal of residents from a residential facility whenever conditions at the facility present an immediate danger of physical or psychological harm to the residents.
(8) In determining whether a residential facility is being operated in compliance with a provision of this chapter that applies to residential facilities or the rules adopted under such a provision, or whether conditions at a residential facility present an immediate danger of physical or psychological harm to the residents, the director may rely on information obtained by a county board of mental retardation and developmental disabilities or other governmental agencies.
(9) In proceedings initiated to deny, refuse to renew, or revoke licenses, the director may deny, refuse to renew, or revoke a license regardless of whether some or all of the deficiencies that prompted the proceedings have been corrected at the time of the hearing.
(E) The director shall establish a program under which public notification may be made when the director has initiated license revocation proceedings or has issued an order for the suspension of admissions, placement of a monitor, or removal of residents. The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this division. The rules shall establish the procedures by which the public notification will be made and specify the circumstances for which the notification must be made. The rules shall require that public notification be made if the director has taken action against the facility in the eighteen-month period immediately preceding the director's latest action against the facility and the latest action is being taken for the same or a substantially similar violation of a provision of this chapter that applies to residential facilities or the rules adopted under such a provision. The rules shall specify a method for removing or amending the public notification if the director's action is found to have been unjustified or the violation at the residential facility has been corrected.
(F)(1) Except as provided in division (F)(2) of this section, appeals from proceedings initiated to impose a sanction under division (D) of this section shall be conducted in accordance with Chapter 119. of the Revised Code.
(2) Appeals from proceedings initiated to order the suspension of admissions to a facility shall be conducted in accordance with Chapter 119. of the Revised Code, unless the order was issued before providing an opportunity for an adjudication, in which case all of the following apply:
(a) The licensee may request a hearing not later than ten days after receiving the notice specified in section 119.07 of the Revised Code.
(b) If a timely request for a hearing is made, the hearing shall commence not later than thirty days after the department receives the request.
(c) After commencing, the hearing shall continue uninterrupted, except for Saturdays, Sundays, and legal holidays, unless other interruptions are agreed to by the licensee and the director.
(d) If the hearing is conducted by a hearing examiner, the hearing examiner shall file a report and recommendations not later than ten days after the close of the hearing.
(e) Not later than five days after the hearing examiner files the report and recommendations, the licensee may file objections to the report and recommendations.
(f) Not later than fifteen days after the hearing examiner files the report and recommendations, the director shall issue an order approving, modifying, or disapproving the report and recommendations.
(g) Notwithstanding the pendency of the hearing, the director shall lift the order for the suspension of admissions when the director determines that the violation that formed the basis for the order has been corrected.
(G) In accordance with Chapter 119. of the Revised Code, the director shall adopt and may amend and rescind rules for licensing and regulating the operation of residential facilities, including intermediate care facilities for the mentally retarded. The rules for intermediate care facilities for the mentally retarded may differ from those for other residential facilities. The rules shall establish and specify the following:
(1) Procedures and criteria for issuing and renewing licenses, including procedures and criteria for determining the length of the licensing period that the director must specify for each license when it is issued or renewed;
(2) Procedures and criteria for denying, refusing to renew, terminating, and revoking licenses and for ordering the suspension of admissions to a facility, placement of a monitor at a facility, and the immediate removal of residents from a facility;
(3) Fees for issuing and renewing licenses;
(4) Procedures for surveying residential facilities;
(5) Requirements for the training of residential facility personnel;
(6) Classifications for the various types of residential facilities;
(7) Certification procedures for licensees and management contractors that the director determines are necessary to ensure that they have the skills and qualifications to properly operate or manage residential facilities;
(8) The maximum number of persons who may be served in a particular type of residential facility;
(9) Uniform procedures for admission of persons to and transfers and discharges of persons from residential facilities;
(10) Other standards for the operation of residential facilities and the services provided at residential facilities;
(11) Procedures for waiving any provision of any rule adopted under this section.
(H) Before issuing a license, the director of the department or the director's designee shall conduct a survey of the residential facility for which application is made. The director or the director's designee shall conduct a survey of each licensed residential facility at least once during the period the license is valid and may conduct additional inspections as needed. A survey includes but is not limited to an on-site examination and evaluation of the residential facility, its personnel, and the services provided there.
In conducting surveys, the director or the director's designee shall be given access to the residential facility; all records, accounts, and any other documents related to the operation of the facility; the licensee; the residents of the facility; and all persons acting on behalf of, under the control of, or in connection with the licensee. The licensee and all persons on behalf of, under the control of, or in connection with the licensee shall cooperate with the director or the director's designee in conducting the survey.
Following each survey, unless the director initiates a license revocation proceeding, the director or the director's designee shall provide the licensee with a report listing any deficiencies, specifying a timetable within which the licensee shall submit a plan of correction describing how the deficiencies will be corrected, and, when appropriate, specifying a timetable within which the licensee must correct the deficiencies. After a plan of correction is submitted, the director or the director's designee shall approve or disapprove the plan. A copy of the report and any approved plan of correction shall be provided to any person who requests it.
The director shall initiate disciplinary action against any department employee who notifies or causes the notification to any unauthorized person of an unannounced survey of a residential facility by an authorized representative of the department.
(I) In addition to any other information which may be required of applicants for a license pursuant to this section, the director shall require each applicant to provide a copy of an approved plan for a proposed residential facility pursuant to section 5123.042 of the Revised Code. This division does not apply to renewal of a license.
(J) A licensee shall notify the owner of the building in which the licensee's residential facility is located of any significant change in the identity of the licensee or management contractor before the effective date of the change if the licensee is not the owner of the building.
Pursuant to rules which shall
be adopted in
accordance
with
Chapter 119. of the Revised Code,
the director may
require
notification to the department of any
significant change
in the
ownership of a residential facility or
in the identity of
the
licensee or management contractor.
If the director determines that a
significant
change of
ownership
is proposed, the director shall
consider the
proposed
change to
be
an application for development
by a new
operator
pursuant to
section 5123.042 of the Revised Code
and
shall
advise
the
applicant within sixty days of such the
notification
that
the
current
license shall continue in effect or
a new license
will be
required
pursuant to this section.
If the
director requires a new
license,
the director shall permit the
facility to continue to
operate
under the current license until
the new license is issued,
unless
the current license is revoked,
refused to be renewed, or
terminated in accordance with Chapter
119. of the Revised Code.
(K) A county board of mental retardation and developmental disabilities, the legal rights service, and any interested person may file complaints alleging violations of statute or department rule relating to residential facilities with the department. All complaints shall be in writing and shall state the facts constituting the basis of the allegation. The department shall not reveal the source of any complaint unless the complainant agrees in writing to waive the right to confidentiality or until so ordered by a court of competent jurisdiction.
The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures for the receipt, referral, investigation, and disposition of complaints filed with the department under this division.
(L) The department shall establish procedures for the notification of interested parties of the transfer or interim care of residents from residential facilities that are closing or are losing their license.
(M) Before issuing a license under this section to a residential facility that will accommodate at any time more than one mentally retarded or developmentally disabled individual, the director shall, by first class mail, notify the following:
(1) If the facility will be located in a municipal corporation, the clerk of the legislative authority of the municipal corporation;
(2) If the facility will be located in unincorporated
territory, the clerk of the appropriate board of county
commissioners and the clerk fiscal officer of the appropriate board of township
trustees.
The director shall not issue the license for ten days after mailing the notice, excluding Saturdays, Sundays, and legal holidays, in order to give the notified local officials time in which to comment on the proposed issuance.
Any legislative authority of a municipal corporation, board of county commissioners, or board of township trustees that receives notice under this division of the proposed issuance of a license for a residential facility may comment on it in writing to the director within ten days after the director mailed the notice, excluding Saturdays, Sundays, and legal holidays. If the director receives written comments from any notified officials within the specified time, the director shall make written findings concerning the comments and the director's decision on the issuance of the license. If the director does not receive written comments from any notified local officials within the specified time, the director shall continue the process for issuance of the license.
(N) Any person may operate a licensed residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least six but not more than eight persons with mental retardation or a developmental disability as a permitted use in any residential district or zone, including any single-family residential district or zone, of any political subdivision. These residential facilities may be required to comply with area, height, yard, and architectural compatibility requirements that are uniformly imposed upon all single-family residences within the district or zone.
(O) Any person may operate a licensed residential
facility that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least nine
but not more than
sixteen persons with mental retardation or a
developmental
disability as a
permitted use in any multiple-family
residential district or zone
of any political subdivision, except
that a political subdivision
that has enacted a zoning ordinance
or resolution establishing
planned unit development districts may
exclude these
residential facilities from
such those districts, and a
political subdivision that has enacted a
zoning ordinance or
resolution may regulate these
residential facilities in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under
reasonable and specific standards and conditions set out in the
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of the residential facility and the location, nature, and height of any walls, screens, and fences to be compatible with adjoining land uses and the residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign regulation;
(3) Limit excessive concentration of these residential facilities.
(P) This section does not prohibit a political subdivision from applying to residential facilities nondiscriminatory regulations requiring compliance with health, fire, and safety regulations and building standards and regulations.
(Q) Divisions (N) and (O) of this section are not applicable to municipal corporations that had in effect on June 15, 1977, an ordinance specifically permitting in residential zones licensed residential facilities by means of permitted uses, conditional uses, or special exception, so long as such ordinance remains in effect without any substantive modification.
(R)(1) The director may issue an interim license to operate a residential facility to an applicant for a license under this section if either of the following is the case:
(a) The director determines that an emergency exists requiring immediate placement of persons in a residential facility, that insufficient licensed beds are available, and that the residential facility is likely to receive a permanent license under this section within thirty days after issuance of the interim license.
(b) The director determines that the issuance of an interim license is necessary to meet a temporary need for a residential facility.
(2) To be eligible to receive an interim license, an applicant must meet the same criteria that must be met to receive a permanent license under this section, except for any differing procedures and time frames that may apply to issuance of a permanent license.
(3) An interim license shall be valid for thirty days and may be renewed by the director for a period not to exceed one hundred fifty days.
(4) The director shall adopt rules in accordance with Chapter 119. of the Revised Code as the director considers necessary to administer the issuance of interim licenses.
(S) Notwithstanding rules adopted pursuant to this
section
establishing the maximum number of persons who may be
served in a
particular type of residential facility, a residential
facility
shall be permitted to serve the same number of persons
being
served by the facility on the effective date of such the rules
or the
number of persons for which the facility is authorized
pursuant
to a current application for a certificate of need with a
letter
of support from the department of mental retardation and
developmental disabilities and which is in the review process
prior to April 4, 1986.
(T) The director or the director's designee may enter at any time, for purposes of investigation, any home, facility, or other structure that has been reported to the director or that the director has reasonable cause to believe is being operated as a residential facility without a license issued under this section.
The director may petition the court of common pleas of the county in which an unlicensed residential facility is located for an order enjoining the person or governmental agency operating the facility from continuing to operate without a license. The court may grant the injunction on a showing that the person or governmental agency named in the petition is operating a residential facility without a license. The court may grant the injunction, regardless of whether the residential facility meets the requirements for receiving a license under this section.
Sec. 5126.021. As used in this section, "immediate family" means parents, brothers, sisters, spouses, sons, daughters, mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law.
(A) The following individuals shall not serve as members of county boards of mental retardation and developmental disabilities:
(1) Elected public officials, except for
township trustees,
township clerks fiscal officers, and those excluded
from the definition of public
official or employee in division
(B) of section 102.01 of the
Revised Code;
(2) Members of the immediate family of another board member;
(3) Board employees and members of the immediate family of board employees;
(4) Former board employees within one calendar year of the termination of employment with the board on which the former employee would serve.
(B) A person may not serve as a member of a county board of mental retardation and developmental disabilities when either the person or a member of the person's immediate family is a board member of a contract agency of that county board unless there is no conflict of interest. In no circumstance shall a member of a county board vote on any matter before the board concerning a contract agency of which the member or a member of the member's immediate family is also a board member or an employee. All questions relating to the existence of a conflict of interest shall be submitted to the local prosecuting attorney and the Ohio ethics commission for resolution.
(C) No employee of an agency contracting with a county board of mental retardation and developmental disabilities or member of the immediate family of such an employee shall serve as a board member or an employee of the county board except that a county board may, pursuant to a resolution adopted by the board, employ a member of the immediate family of an employee of an agency contracting with the board.
(D) No person shall serve as a member or employee of a county board of mental retardation and developmental disabilities if a member of the person's immediate family serves as a county commissioner of the county served by the board unless the person was a member or employee prior to October 31, 1980.
(E) A county board of mental retardation and developmental disabilities shall not contract with an agency whose board includes a county commissioner of the county served by the county board.
(F) Notwithstanding any provision of the Revised Code to the contrary, including applicable provisions of sections 102.03, 102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a county board of mental retardation and developmental disabilities also may be a member of the governing board of an agency or a political subdivision, including the board of education of a school district. The county board of mental retardation and developmental disabilities may contract with the governing board of an agency or political subdivision whose member is also an employee of the county board, provided that in no circumstances shall such employee of the county board vote on any matter before the governing board of the agency or political subdivision concerning a county board contract or participate in any discussion or debate regarding that contract.
Sec. 5541.02. The board of county commissioners shall
determine, from the statistics and information furnished by the
several boards of township trustees within
such
the county, the
relative importance and value for traffic of the various public
highways of the entire county.
Such
The board of county
commissioners shall begin work as soon as the necessary
information is furnished by the several boards of township
trustees within the county, and, after a careful review and
consideration of the information furnished, shall select and
designate a connected system of county highways, of
such
the
mileage
as it deems proper and expedient, connecting with the
intercounty
and state highways of
such
the county all of the
villages and centers
of rural population within the county.
Such
The system of highways,
when selected and designated by the board
of county
commissioners, shall be known as the system of county
highways of
the county, and all of the roads composing
such
the
system shall be
known and designated as county roads. The board
of county
commissioners may call to its assistance the county
engineer, and
may require
him
the county engineer to report as to
the relative
importance of the
highways of any township, with
respect to which the board of
township trustees fails to report
within a reasonable time. Upon
the completion of its
investigation and the designation of a
system of county highways,
the board of county commissioners
shall require the engineer to
make a map
thereof
of it. A copy of this
map, with the mileage of
the selected roads indicated
thereon
on it,
together with a brief
statement by the board of county
commissioners of its reasons for
the selection made, shall be
transmitted to the director of
transportation.
If the director finds that the system has been designated
in
substantial compliance with this section and section
5541.03
5541.01 of the Revised Code, and that all portions of the system
of
county highways connect with either a state or intercounty
highway, or another county road,
he
the director shall, within
sixty days,
approve
such
the system and certify
his
the approval
to the board of
county commissioners, which shall cause a copy of
such
the map,
approved by it, to be made a part of its records and
shall cause
a copy
thereof
of it to be filed in the office of the
county engineer
and of the
clerk
fiscal officer of each township
within the county. The system
of roads designated upon
such
the
map shall then become the system of
county roads of the county.
Each road constituting a part of
such
the system shall be given a
number by the board of county
commissioners, which may also divide
the roads into convenient
sections and assign appropriate
designations to each section. No
state or intercounty highway or
part
thereof
of it shall be included in
the system of county
highways. The board of county commissioners
may make changes in
or additions to the county system as in the
manner provided by
this section. All expenses incurred in
carrying out this section
shall be paid from the general county
road fund.
Sec. 5543.05. The county auditor shall, before
he draws
his
drawing a warrant for any moneys expended by the county on any
highways, other than intercounty or state highways, or on any
bridges or culverts on
such
the highways, require of the county
engineer the assignment of
such
the expense to the
road
highway
and section
thereof
of it, bridge, or culvert in connection with
which
such
the expense
was incurred. The auditor shall keep such
records as are
necessary to show clearly at the close of each year
the amount of
money expended from the county treasury on each
section of
road
highway,
other than intercounty or state highways,
and on each bridge and
culvert on
such roads
the highways.
The township
clerk
fiscal officer shall, before
he draws
drawing any warrant
for
money expended upon any road within the
township, other than an
intercounty or state highway, or on
bridges or culverts on
such
the roads, require of the
county
engineer or board of township trustees the
assignment of
such
the
expense to the road and section of it,
bridge, or culvert in
connection with which the expense was incurred. The
clerk
fiscal
officer may
keep such additional records as are necessary to show
clearly at
the close of each year the amount of money expended
from the
township funds on each section of road, other than
intercounty or
state highways, within the township, and on each
bridge and
culvert on
such
the roads. The board of township
trustees may
require the
clerk
fiscal officer to keep
such
those
additional records.
When general equipment or material for use in the entire
county or township is purchased, the expense
thereof
of the
equipment or material need not be
assigned to any section of road
or to any bridge or culvert, but,
so far
insofar as practicable,
all items of expense shall be assigned to
the specific section of
road or to the particular bridge or
culvert in connection with
which they were incurred.
The director of transportation may prescribe all necessary
and proper forms for maps and reports to be maintained by
engineers, boards, auditors, and
clerks
fiscal officers. All
auditors and
clerks
fiscal officers may be required by the
director to transmit to
him
the director,
in
such
the form
as he
the director prescribes, the cost records
they are required by
law
to keep pertaining to roads, bridges, and culverts within their
counties or townships.
Sec. 5552.10. The board of county commissioners shall
designate the
county engineer to administer county access
management
regulations, except that if the engineer
declines to
administer
the regulations, the board may designate another
person, or a planning
commission, to administer them. If a board
of township
trustees
adopts access management regulations, the
board may administer the regulations or may appoint
the
township
clerk fiscal officer or any other person to administer them, with
the advice of
the county engineer.
If the access management regulations apply to a subdivision and a permit request is filed pertaining to the subdivision, the county engineer, board of township trustees, planning commission, or other person administering the regulations shall approve or disapprove the permit request within the time period for approval of a subdivision without a plat specified in section 711.131 of the Revised Code.
Sec. 5571.04. When the board of township trustees determines
to proceed as
provided in division (C) of section 5571.02 of the
Revised Code and appoints a
highway superintendent,
he
the
superintendent shall, before
entering upon the
discharge of
his
duty
the official duties of superintendent, give bond to the
state,
for the use of the township, in the sum of two
thousand
dollars, conditioned upon the faithful performance of
his
duty
the
official duties of superintendent.
Such
The bond shall be
approved
by
the board of township trustees, and filed with the township
clerk
fiscal officer. The board
of township trustees shall fix
the compensation of the superintendent, which
compensation shall
be paid from the township road fund. The compensation and
all
proper and necessary expenses, when approved by
the board of
township trustees, shall be paid by the township
clerk
fiscal
officer upon
his
the fiscal officer's warrant.
Sec. 5571.16. The board of township trustees, by resolution, may require any person to obtain a permit before installing a driveway culvert or making any excavation in a township highway or highway right-of-way within its jurisdiction, except an excavation to repair, rehabilitate, or replace a pole already installed for the purpose of providing electric or telecommunications service. The board, as a condition to the granting of the permit, may do any of the following:
(A) Require the applicant to submit plans indicating the location, size, type, and duration of the culvert or excavation contemplated;
(B) Specify methods of excavation, refilling, and resurfacing to be followed;
(C) Require the use of warning devices it considers necessary to protect travelers on the highway;
(D) Require the applicant to indemnify the township against liability or damage as the result of the installation of the culvert or as a result of the excavation;
(E) Require the applicant to post a deposit or bond, with sureties to the satisfaction of the board, conditioned upon the performance of all conditions in the permit.
Applications for permits
under this section shall be made to
the township clerk fiscal officer upon forms to be
furnished by the board.
Applications, including, but not limited to, a single
application
for an excavation project to install six or more poles
for the
purpose of providing electric or telecommunications
service or to
install a pole associated with underground electric
or
telecommunications service, shall be accompanied by a fee of
fifty
dollars
per application,
which
fee shall be returned to the
applicant if the
application is
denied.
Except as otherwise
provided in this section, no application or fee
shall be required
for an excavation project to install five or
fewer poles for the
purpose of providing electric or telecommunications service, but
the person making that excavation shall
provide verifiable notice
of the excavation to the township clerk
at least three business
days prior to the date of the excavation.
No person shall install a driveway culvert or make an excavation in any township highway or highway right-of-way in violation of any resolution adopted pursuant to this section, except that, in the case of an emergency requiring immediate action to protect the public health, safety, and welfare, an excavation may be made without first obtaining a permit, if an application is made at the earliest possible opportunity.
As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code, and "right-of-way" has the same meaning as in division (UU)(2) of section 4511.01 of the Revised Code.
Sec. 5573.13. The proportion of the compensation, damages,
and costs of any road improvement to be paid by the township
shall
be paid out of any road improvement fund available
therefor
for
it. For the purpose of providing by taxation a fund for
the
payment of the township's proportion of the compensation,
damages,
and costs of constructing, reconstructing, resurfacing,
or
improving roads under sections 5571.01, 5571.06, 5571.07,
5571.15,
5573.01 to 5573.15,
inclusive, and 5575.02 to 5575.09,
inclusive,
of the Revised Code, and for the purpose of
maintaining,
repairing, or dragging any public road or part
thereof
of any
public road under their jurisdiction, in the manner provided in
sections 5571.02 to 5571.05,
inclusive, 5571.08, 5571.12,
5571.13,
and 5575.01 of the Revised Code, the board of trustees
may levy,
annually, a tax not exceeding three mills upon each
dollar of the
taxable property of
said
the township.
Such
The levy shall
be in
addition to all other levies authorized for township
purposes, and
subject only to the limitation on the combined
maximum rate for
all taxes now in force. The taxes so authorized
shall be placed
by the county auditor upon the tax duplicate,
against the taxable
property of the township, and collected by
the county treasurer as
other taxes. When collected,
such
the taxes
shall be paid to the
township clerk
fiscal officer of the township from which
they are
collected, and the money so received shall be under the
control of
the board
of township trustees for the purposes for which the
taxes were
levied.
Sec. 5573.211. The proportion of the compensation, damages,
and costs of any
road improvement to be paid by a township road
district shall be paid out of
any road improvement fund available
therefor
for it. For the purpose of providing by
taxation a fund
for the payment of a township road district's proportion of
the
compensation, damages, and costs of constructing, reconstructing,
resurfacing,
improving, maintaining, repairing, and dragging
township road district roads,
or parts
thereof
of those roads, the
board of trustees of a township in which a township road
district
has been erected as provided in section 5573.21 of the Revised
Code,
may levy, annually, a tax not exceeding three mills upon
each dollar of the
taxable property of
said
the township road
district.
Such
The levy shall be in
addition to all other levies
authorized for township or township road district
purposes, and
subject only to the limitation on the combined maximum rate for
all taxes in force. The taxes so authorized shall be placed by
the county
auditor upon the tax duplicate, against the taxable
property of
said
the township
road district, and collected by the
county treasurer as other taxes. When
collected,
such
the taxes
shall be paid to the
township clerk
fiscal officer of the township
in
which
such
the township road district has been erected, and the
money so received
shall be under the control of the board of
township trustees for the purposes
for which the taxes were
levied.
Sec. 5575.04. Before entering into a contract, the board
of
township trustees shall require a bond indemnifying the
township
against damages that may be suffered by failure to
perform the
contract according to the
contract's provisions
thereof, and in
accordance with the specifications for the improvement.
The township
clerk
fiscal officer shall not draw
his
a
warrant in favor of
any contractor for estimates, on account of a
contract let under
sections 5575.02 and 5575.03 of the Revised
Code, until the
affidavit of
such
the contractor, or an officer or
agent in the case
of a corporation, that all indebtedness of
such
the contractor on
account of material incorporated into the work
or delivered on
the site of the improvement and labor performed
has been paid, is
filed with
such clerk
the fiscal officer. In
lieu of
such
the affidavit, the contractor
may file the written
consent of all persons who have furnished
material, incorporated
into the work or delivered on the site of
the improvement, or
performed labor
thereon
on the improvement, that any estimate
then
due may be paid.
Such
The consent shall be accompanied by the
affidavit of the contractor, or an officer or agent in the case
of
a corporation, that the consent bears the signatures of all
persons who have furnished material, incorporated in the work or
delivered on the site of the improvement, or performed labor
thereon
on the improvement, and have not been paid in full for
such
the labor or
material. This section does not prevent the
payment out of any
estimate that is due, upon the assignment by
the contractor to
any person who has furnished material for the
work or performed
labor
thereon
on the improvement, of the amount
due for
such
the material or labor.
Sec. 5575.09. The board of township trustees shall provide
the township
clerk
fiscal officer with a suitable book in which
he
the fiscal officer shall keep a complete
record of proceedings for
the construction, reconstruction, resurfacing, or
improvement of
public roads. For making
such
the record
he, the
fiscal officer
shall receive ten cents for each one hundred words, and, for all
other services in connection
therewith he
with keeping the
record, the fiscal officer shall
receive
such
the reasonable
compensation
as is allowed
him by the board.
Sec. 5579.08. All brush, briers, burrs, vines, and noxious
weeds growing
along the public highway shall be cut or destroyed
between the first and
twentieth days of June, the first and
twentieth days of August, and, if
necessary, between the first and
twentieth days of September of each year or
whenever necessary to
prevent or eliminate a safety hazard. This work shall
be done by
the board of township trustees in its respective township, or by
the township highway superintendent, who may employ the necessary
labor to
carry out this section. All expenses incurred shall,
when approved by the
board, be paid from the township road fund by
the township
clerk
fiscal officer, upon
his
the fiscal officer's warrant.
Sec. 5705.01. As used in this chapter:
(A) "Subdivision" means any county; municipal corporation; township; township police district; township fire district; joint fire district; joint ambulance district; joint emergency medical services district; fire and ambulance district; joint recreation district; township waste disposal district; township road district; community college district; technical college district; detention facility district; a district organized under section 2151.65 of the Revised Code; a combined district organized under sections 2152.41 and 2151.65 of the Revised Code; a joint-county alcohol, drug addiction, and mental health service district; a drainage improvement district created under section 6131.52 of the Revised Code; a union cemetery district; a county school financing district; or a city, local, exempted village, cooperative education, or joint vocational school district.
(B) "Municipal corporation" means all municipal corporations, including those that have adopted a charter under Article XVIII, Ohio Constitution.
(C) "Taxing authority" or "bond issuing authority" means, in the case of any county, the board of county commissioners; in the case of a municipal corporation, the council or other legislative authority of the municipal corporation; in the case of a city, local, exempted village, cooperative education, or joint vocational school district, the board of education; in the case of a community college district, the board of trustees of the district; in the case of a technical college district, the board of trustees of the district; in the case of a detention facility district, a district organized under section 2151.65 of the Revised Code, or a combined district organized under sections 2152.41 and 2151.65 of the Revised Code, the joint board of county commissioners of the district; in the case of a township, the board of township trustees; in the case of a joint fire district, the board of fire district trustees; in the case of a joint recreation district, the joint recreation district board of trustees; in the case of a joint-county alcohol, drug addiction, and mental health service district, the district's board of alcohol, drug addiction, and mental health services; in the case of a joint ambulance district or a fire and ambulance district, the board of trustees of the district; in the case of a union cemetery district, the legislative authority of the municipal corporation and the board of township trustees, acting jointly as described in section 759.341 of the Revised Code; in the case of a drainage improvement district, the board of county commissioners of the county in which the drainage district is located; in the case of a joint emergency medical services district, the joint board of county commissioners of all counties in which all or any part of the district lies; and in the case of a township police district, a township fire district, a township road district, or a township waste disposal district, the board of township trustees of the township in which the district is located. "Taxing authority" also means the educational service center governing board that serves as the taxing authority of a county school financing district as provided in section 3311.50 of the Revised Code.
(D) "Fiscal officer" in the case of a county, means the
county auditor; in the case of a municipal corporation, the city
auditor or village clerk, or
such
an officer
as
who, by virtue of
the
charter, has the duties and functions of the city auditor or
village clerk, except that in the case of a municipal university
the board of directors of which have assumed, in the manner
provided by law, the custody and control of the funds of the
university, the chief accounting officer of the university shall
perform, with respect to the funds, the duties vested in the
fiscal officer of the subdivision by sections 5705.41 and 5705.44
of the Revised Code; in the case of a school district, the
treasurer of the board of education; in the case of a county
school financing district, the treasurer of the educational
service center governing board that serves as the
taxing
authority; in the case of a
township, the township
clerk
fiscal
officer; in the case of a joint fire
district, the clerk of the
board of fire district trustees; in
the case of a joint ambulance
district, the clerk of the board of
trustees of the district; in
the case of a joint emergency medical services
district, the
person appointed as fiscal officer pursuant to division (D) of
section 307.053 of the Revised Code; in the case of a fire and
ambulance
district, the person appointed as fiscal officer
pursuant to division (B) of
section 505.375 of the Revised Code;
in the case of a joint recreation
district, the person designated
pursuant to section 755.15 of the
Revised Code; in the case of a
union cemetery district, the clerk
of the municipal corporation
designated in section 759.34 of the
Revised Code; in the case of a
children's home district,
educational
service center, general
health district, joint-county alcohol, drug addiction, and mental
health service district, county library district, detention
facility
district, district organized under section 2151.65 of the
Revised
Code, a combined district organized under sections
2152.41 and
2151.65 of the Revised Code, or a metropolitan park
district for
which no treasurer has been appointed pursuant to
section 1545.07
of the Revised Code, the county auditor of the
county designated
by law to act as the auditor of the district; in
the case of a
metropolitan park district which has appointed a
treasurer
pursuant to section 1545.07 of the Revised Code, that
treasurer;
in the case of a drainage improvement district, the
auditor of
the county in which the drainage improvement district
is located;
and in all other cases, the officer responsible for
keeping the
appropriation accounts and drawing warrants for the
expenditure
of the moneys of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any property, asset, or improvement with an estimated life or usefulness of five years or more, including land and interests therein, and reconstructions, enlargements, and extensions thereof having an estimated life or usefulness of five years or more.
(F) "Current operating expenses" and "current expenses" mean the lawful expenditures of a subdivision, except those for permanent improvements, and except payments for interest, sinking fund, and retirement of bonds, notes, and certificates of indebtedness of the subdivision.
(G) "Debt charges" means interest, sinking fund, and retirement charges on bonds, notes, or certificates of indebtedness.
(H) "Taxing unit" means any subdivision or other governmental district having authority to levy taxes on the property in the district or issue bonds that constitute a charge against the property of the district, including conservancy districts, metropolitan park districts, sanitary districts, road districts, and other districts.
(I) "District authority" means any board of directors, trustees, commissioners, or other officers controlling a district institution or activity that derives its income or funds from two or more subdivisions, such as the educational service center, the trustees of district children's homes, the district board of health, a joint-county alcohol, drug addiction, and mental health service district's board of alcohol, drug addiction, and mental health services, detention facility districts, a joint recreation district board of trustees, districts organized under section 2151.65 of the Revised Code, combined districts organized under sections 2152.41 and 2151.65 of the Revised Code, and other such boards.
(J) "Tax list" and "tax duplicate" mean the general tax lists and duplicates prescribed by sections 319.28 and 319.29 of the Revised Code.
(K) "Property" as applied to a tax levy means taxable property listed on general tax lists and duplicates.
(L) "School library district" means a school district in which a free public library has been established that is under the control and management of a board of library trustees as provided in section 3375.15 of the Revised Code.
Sec. 5709.73. (A) As used in this section and section 5709.74 of the Revised Code:
(1) "Business day" means a day of the week excluding Saturday, Sunday, and a legal holiday as defined in section 1.14 of the Revised Code.
(2) "Further improvements" or "improvements" means the increase in the true value of real property that would first appear on the tax list and duplicate of real and public utility property after the effective date of a resolution adopted under this section were it not for the exemption granted by that resolution. For purposes of division (B) of this section, "improvements" do not include any property used or to be used for residential purposes.
(3) "Housing renovation" means a project carried out for residential purposes.
(4) "Incentive district" has the same meaning as in section 5709.40 of the Revised Code, except that a blighted area is in the unincorporated area of a township.
(5) "Project" and "public infrastructure improvement" have the same meanings as in section 5709.40 of the Revised Code.
(B) A board of township trustees may, by unanimous
vote,
adopt a resolution that declares to be a public purpose any
public
infrastructure
improvements made that are necessary for the
development
of
certain parcels of land located in the
unincorporated area of
the
township. Except as otherwise provided
in division
(D) of
this section, the resolution may
exempt from
real
property
taxation not more than seventy-five per
cent of
further
improvements to a parcel of land which directly
benefits
from
such the
public
infrastructure improvements; the
percentage
exempted shall
not, except as
otherwise provided in
division
(D)
of
this section,
exceed the estimated
percentage of the
incremental
demand placed
on the public
infrastructure
improvements that is
directly attributable to the
exempted
improvement.
For the
purposes of this division, a
public
infrastructure improvement
directly benefits a
parcel of land
only if
a
project on the
parcel places direct, additional
demand
on the
public
infrastructure improvement, or, if the public
infrastructure
improvement has not yet been
constructed, will
place direct,
additional demand on the public
infrastructure
improvement when
completed. The resolution shall specify the
percentage of the
further improvements to be exempted.
(C) A board of township trustees may adopt, by unanimous
vote, a resolution creating an incentive district and declaring
improvements to parcels within the district to be a public purpose
and exempt from taxation as provided in this section. The
district shall be located within the unincorporated area of the
township and shall not include any territory that is included
within a district created under division (B) of section 5709.78 of
the Revised Code. The resolution shall delineate the boundary of
the district and specifically identify each parcel within the
district. A district may not include any parcel that is or has
been exempted from taxation under division (B) of this section or
that is or has been within another district created under this
division. A resolution may create more than one such district,
and more than one resolution may be adopted under this division.
Not later than thirty days prior to adopting a resolution under this division, if the township intends to apply for exemptions from taxation under section 5709.911 of the Revised Code on behalf of owners of real property located within the proposed incentive district, the board shall conduct a public hearing on the proposed resolution. Not later than thirty days prior to the public hearing, the board shall give notice of the public hearing and the proposed resolution by first class mail to every real property owner whose property is located within the boundaries of the proposed incentive district that is the subject of the proposed resolution.
A resolution under this division shall specify the life of the district and the percentage of the improvements to be exempted and shall designate the public infrastructure improvements made or to be made that benefit or serve parcels in the district.
A resolution adopted under this division may authorize the use of service payments provided for in section 5709.74 of the Revised Code for the purpose of housing renovations within the district, provided that the resolution also designates public infrastructure improvements that benefit or serve the district, and that a project within the district places real property in use for commercial or industrial purposes. Service payments may be used to finance or support loans, deferred loans, and grants to persons for the purpose of housing renovations within the district. The resolution shall designate the parcels within the district that are eligible for housing renovations. The resolution shall state separately the amount or the percentages of the expected aggregate service payments that are designated for each public infrastructure improvement and for the purpose of housing renovations.
Except with the approval of the board of education of each city, local, or exempted village school district within the territory of which the district is or will be located, the life of a district shall not exceed ten years, and the percentage of improvements to be exempted shall not exceed seventy-five per cent. With such approval, the life of a district may be not more than thirty years, and the percentage of improvements to be exempted may be not more than one hundred per cent.
Approval of a board of education shall be obtained in the manner provided in division (D) of this section for exemptions under division (B) of this section, except that the notice to the board of education shall delineate the boundaries of the district, specifically identify each parcel within the district, identify each anticipated improvement in the district, provide an estimate of the true value in money of each such improvement, specify the life of the district and the percentage of improvements that would be exempted, and indicate the date on which the board of township trustees intends to adopt the resolution.
A board of township trustees shall not adopt a resolution under this division after June 30, 2007.
(D) Improvements with respect to a parcel may be exempted from taxation under division (B) of this section for up to ten years or, with the approval of the board of education of the city, local, or exempted village school district within which the parcel is located, for up to thirty years. The percentage of the improvements exempted from taxation may, with such approval, exceed seventy-five per cent, but shall not exceed one hundred per cent. Not later than forty-five business days prior to adopting a resolution under this section declaring improvements to be a public purpose, the board of trustees shall deliver to the board of education a notice stating its intent to adopt a resolution making that declaration. The notice shall identify the parcels for which improvements are to be exempted from taxation, provide an estimate of the true value in money of the improvements, specify the period for which the improvements would be exempted from taxation and the percentage of the improvements that would be exempted, and indicate the date on which the board of trustees intends to adopt the resolution. The board of education, by resolution adopted by a majority of the board, may approve the exemption for the period or for the exemption percentage specified in the notice, may disapprove the exemption for the number of years in excess of ten, may disapprove the exemption for the percentage of the improvements to be exempted in excess of seventy-five per cent, or both, or may approve the exemption on the condition that the board of trustees and the board of education negotiate an agreement providing for compensation to the school district equal in value to a percentage of the amount of taxes exempted in the eleventh and subsequent years of the exemption period or, in the case of exemption percentages in excess of seventy-five per cent, compensation equal in value to a percentage of the taxes that would be payable on the portion of the improvements in excess of seventy-five per cent were that portion to be subject to taxation. The board of education shall certify its resolution to the board of trustees not later than fourteen days prior to the date the board of trustees intends to adopt the resolution as indicated in the notice. If the board of education approves the exemption on the condition that a compensation agreement be negotiated, the board of education in its resolution shall propose a compensation percentage. If the board of education and the board of trustees negotiate a mutually acceptable compensation agreement, the resolution may declare the improvements a public purpose for the number of years specified in the resolution or, in the case of exemption percentages in excess of seventy-five per cent, for the exemption percentage specified in the resolution. In either case, if the board of education and the board of trustees fail to negotiate a mutually acceptable compensation agreement, the resolution may declare the improvements a public purpose for not more than ten years, but shall not exempt more than seventy-five per cent of the improvements from taxation, or, in the case of a resolution adopted under division (B) of this section, not more than the estimated percentage of the incremental demand as otherwise prescribed by division (B) of this section if that percentage is less than seventy-five per cent. If the board of education fails to certify a resolution to the board of trustees within the time prescribed by this section, the board of trustees thereupon may adopt the resolution and may declare the improvements a public purpose for up to thirty years or, in the case of exemption percentages proposed in excess of seventy-five per cent, for the exemption percentage specified in the resolution. The board of township trustees may adopt the resolution at any time after the board of education certifies its resolution approving the exemption to the board of township trustees, or, if the board of education approves the exemption on the condition that a mutually acceptable compensation agreement be negotiated, at any time after the compensation agreement is agreed to by the board of education and the board of township trustees.
If a board of education has adopted a resolution waiving
its
right to approve exemptions from taxation and the resolution
remains in effect, approval of such exemptions by the board of
education is not required under
this division. If a
board of
education has adopted a resolution
allowing a board of
township
trustees to deliver the notice
required under
this division
fewer
than
forty-five business days prior to adoption of the resolution
by
the board
of township trustees, the board of
township trustees
shall deliver the notice to the board of
education not later than
the number of days prior to such the
adoption as prescribed by the
board of education in its
resolution. If a board of education
adopts a resolution waiving
its right to approve exemptions or
shortening the notification
period, the board of education shall
certify a copy of the
resolution to the board of township
trustees. If the board of
education rescinds such a the resolution,
it shall certify notice of
the rescission to the board of township
trustees.
If the board of trustees is not required by
this
division
to
notify the board of education
of the
board of trustees' intent to
declare improvements to be a
public
purpose, the board of trustees
shall comply with the notice
requirements imposed under section
5709.83 of the Revised Code
before taking formal action to adopt
the resolution making that
declaration, unless the board of
education has adopted a
resolution
under that section waiving its
right to receive such a the
notice.
(E) An exemption from taxation granted under this section commences with the tax year in which an improvement first appears on the tax list and duplicate of real and public utility property and that begins after the effective date of the resolution. Except as otherwise provided in this division, the exemption ends on the date specified in the resolution as the date the improvement ceases to be a public purpose or the incentive district expires, or ends on the date on which the public infrastructure improvements and housing renovations are paid in full from the township public improvement tax increment equivalent fund established under section 5709.75 of the Revised Code, whichever occurs first. The exemption of an improvement with respect to a parcel may end on a later date, as specified in the resolution, if the board of township trustees and the board of education of the city, local, or exempted village school district within which the parcel is located have entered into a compensation agreement under section 5709.82 of the Revised Code with respect to the improvement or district and the board of education has approved the term of the exemption under division (D) of this section, but in no case shall the improvement be exempted from taxation for more than thirty years. The board of township trustees may, by majority vote, adopt a resolution permitting the township to enter into such agreements as the board finds necessary or appropriate to provide for the construction or undertaking of public infrastructure improvements and housing renovations. Any exemption shall be claimed and allowed in the same or a similar manner as in the case of other real property exemptions. If an exemption status changes during a tax year, the procedure for the apportionment of the taxes for that year is the same as in the case of other changes in tax exemption status during the year.
(F) The board
of township trustees may issue the notes of
the township to finance
all costs pertaining to the construction
or undertaking of public
infrastructure improvements
and housing
renovations made pursuant to this section. The notes
shall be
signed by the
board and attested by the signature of the
township
clerk fiscal officer, shall
bear interest not to exceed the rate
provided in
section 9.95 of
the Revised Code, and are not subject
to Chapter
133. of the
Revised Code. The resolution authorizing
the issuance
of the
notes shall pledge the funds of the township
public
improvement
tax increment equivalent fund established
pursuant to
section
5709.75 of the Revised Code to pay the
interest on and
principal
of the notes. The notes, which may
contain a clause
permitting
prepayment at the option of the board,
shall be offered
for sale
on the open market or given to the
vendor or contractor
if no
sale is made.
(G) The township, not later than fifteen days after the
adoption of a resolution
under this
section, shall submit to the
director of development a copy of
the
resolution. On or before
the thirty-first day of March
of each
year,
the township shall
submit a status report to the director
of
development. The
report shall indicate, in the manner
prescribed by the director,
the progress of the project during
each
year that the exemption
remains in effect, including a
summary of the receipts from
service payments in lieu of taxes;
expenditures of money from
funds created under section 5709.75 of
the Revised Code; a
description of the public infrastructure
improvements
and housing
renovations financed with such the
expenditures; and a quantitative
summary of
changes in private investment resulting
from each
project.
(H) Nothing in this section shall be construed to prohibit a board of township trustees from declaring to be a public purpose improvements with respect to more than one parcel.
(I) A board of township trustees that adopted a resolution
under this section prior to July 21, 1994, may amend that
resolution to include any additional public infrastructure
improvement. A board of township trustees that seeks by such an the
amendment to utilize money from its township public improvement
tax increment equivalent fund for land acquisition in aid of
industry, commerce, distribution, or research, demolition on
private property, or stormwater and flood remediation projects may
do so provided that the board currently is a party to a
hold-harmless agreement with the board of education of the city,
local, or exempted village school district within the territory of
which are located the parcels that are subject to an exemption.
For the purposes of this division, a "hold-harmless agreement"
means an agreement under which the board of township trustees
agrees to compensate the school district for one hundred per cent
of the tax revenue that the school district would have received
from further improvements to parcels designated in the resolution
were it not for the exemption granted by the resolution.
Sec. 5735.27. (A) There is hereby created in the state treasury the gasoline excise tax fund, which shall be distributed in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(a)
and (C)(2)(a) of section 5735.23 of the Revised Code shall be
distributed among municipal corporations. The amount paid to
each municipal corporation shall be that proportion of the amount
to be so distributed that the number of motor vehicles registered
within such the municipal corporation bears to the total number of
motor vehicles registered within all the municipal corporations
of this state during the preceding motor vehicle registration
year. When a new village is incorporated, the registrar of motor
vehicles shall determine from the applications on file in the
bureau of motor vehicles the number of motor vehicles located
within the territory comprising the village during the entire
registration year in which such the municipal corporation was
incorporated. The registrar shall forthwith certify the number
of motor vehicles so determined to the tax commissioner for use
in distributing motor vehicle fuel tax funds to such the village
until such the village is qualified to participate in the
distribution of such the funds pursuant to this division. The number
of such motor vehicle registrations shall be determined by the
official records of the bureau of motor vehicles. The amount
received by each municipal corporation shall be used to plan,
construct, reconstruct, repave, widen, maintain, repair, clear,
and clean public highways, roads, and streets; to maintain and
repair bridges and viaducts; to purchase, erect, and maintain
street and traffic signs and markers; to pay the costs
apportioned to the municipal corporation under section 4907.47 of
the Revised Code; to purchase, erect, and maintain traffic lights
and signals; to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code for the purpose of acquiring or constructing roads,
highways, bridges, or viaducts or acquiring or making other
highway improvements for which the municipal corporation may
issue bonds; and to supplement revenue already available for such these
purposes.
(2) The amount credited pursuant to division (B) of
section 5735.26 of the Revised Code shall be distributed among
the municipal corporations within the state, in the proportion
which the number of motor vehicles registered within each
municipal corporation bears to the total number of motor vehicles
registered within all the municipal corporations of the state
during the preceding calendar year, as shown by the official
records of the bureau of motor vehicles, and shall be expended by
each municipal corporation to plan, construct, reconstruct,
repave, widen, maintain, repair, clear, and clean public
highways, roads and streets; to maintain and repair bridges and
viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay costs apportioned to the municipal
corporation under section 4907.47 of the Revised Code; to pay the
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code for the
purpose of acquiring or constructing roads, highways, bridges, or
viaducts or acquiring or making other highway improvements for
which the municipal corporation may issue bonds; and to
supplement revenue already available for such these purposes.
(3) The amount credited pursuant to divisions (B)(2)(b)
and (C)(2)(c) of section 5735.23 of the Revised Code shall be
paid in equal proportions to the county treasurer of each county
within the state and shall be used only for the purposes of
planning, maintaining, and repairing the county system of public
roads and highways within such the county; the planning,
construction, and repair of walks or paths along county roads in
congested areas; the planning, construction, purchase, lease,
and maintenance of
suitable buildings for the housing and repair of county road
machinery, housing of supplies, and housing of personnel associated
with the machinery and supplies; the
payment of costs apportioned to the county under section 4907.47
of the Revised Code; the payment of principal, interest, and
charges on bonds and other obligations issued pursuant to Chapter
133. of the Revised Code for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts or acquiring
or making other highway improvements for which the board of
county commissioners may issue bonds under that chapter; and the
purchase, installation, and maintenance of traffic signal lights.
(4) The amount credited pursuant to division (C) of
section 5735.26 of the Revised Code shall be paid in equal
proportions to the county treasurer of each county for the
purposes of planning, maintaining, constructing, widening, and
reconstructing the county system of public roads and highways;
paying principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code
for the purpose of acquiring or constructing roads, highways,
bridges, or viaducts or acquiring or making other highway
improvements for which the board of county commissioners may
issue bonds under such that chapter; and paying costs apportioned to
the county under section 4907.47 of the Revised Code.
(5)(a) The amount credited pursuant to division (D) of section 5735.26 and division (C)(2)(b) of section 5735.23 of the Revised Code shall be divided in equal proportions among the townships within the state.
(b) As used in division (A)(5)(b) of this section, the "formula amount" for any township is the amount that would be allocated to that township if fifty per cent of the amount credited to townships pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of lane miles within the boundaries of the respective townships, as determined annually by the department of transportation, and the other fifty per cent of the amount credited pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of motor vehicles registered within the respective townships, as determined annually by the records of the bureau of motor vehicles.
Beginning on August 15, 2003, the tax levied by section 5735.29 of the Revised Code shall be partially allocated to provide funding for townships. Each township shall receive the greater of the following two calculations:
(i) The total statewide amount credited to townships under division (A) of section 5735.291 of the Revised Code divided by the number of townships in the state at the time of the calculation;
(ii) Seventy per cent of the formula amount for that township.
(c) The total difference between the amount of money credited to townships under division (A) of section 5735.291 of the Revised Code and the total amount of money required to make all the payments specified in division (A)(5)(b) of this section shall be deducted, in accordance with division (B) of section 5735.291 of the Revised Code, from the revenues resulting from the tax levied pursuant to section 5735.29 of the Revised Code prior to crediting portions of such revenues to counties, municipal corporations, and the highway operating fund.
(d) All amounts credited pursuant to divisions (a) and (b) of this section shall be paid to the county
treasurer of each county for the total amount payable to the
townships within each of the counties. The county treasurer
shall pay to each township within the county its
proportional share of the funds, which shall be expended by each
township for the sole purpose of planning, constructing,
maintaining, widening, and reconstructing the public roads and
highways within such the township, and paying costs apportioned to
the township under section 4907.47 of the Revised Code.
No part of the funds shall be used for any purpose except
to pay in whole or part the contract price of any such work done
by contract, or to pay the cost of labor in planning,
constructing, widening, and reconstructing such roads and
highways, and the cost of materials forming a part of the
improvement; provided, that such the funds may be used for the
purchase of road machinery and equipment and for the planning,
construction, and maintenance of suitable buildings for housing
road machinery and equipment, and that all such improvement of
roads shall be under supervision and direction of the county
engineer as provided in section 5575.07 of the Revised Code. No
obligation against such the funds shall be incurred unless plans and
specifications for such the improvement, approved by the county
engineer, are on file in the office of the township clerk fiscal officer, and
all contracts for material and for work done by contract shall be
approved by the county engineer before being signed by the board
of township trustees. The board of township trustees of any
township may pass a resolution permitting the board of county
commissioners to expend such the township's share of the funds, or
any portion thereof of it, for the improvement of such the roads within the
township as may be designated in the resolution.
All investment earnings of the fund shall be credited to the fund.
(B) Amounts credited to the highway operating fund pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and division (A) of section 5735.26 of the Revised Code shall be expended in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 of the Revised Code shall be apportioned to and expended by the department of transportation for the purposes of planning, maintaining, repairing, and keeping in passable condition for travel the roads and highways of the state required by law to be maintained by the department; paying the costs apportioned to the state under section 4907.47 of the Revised Code; paying that portion of the construction cost of a highway project which a county, township, or municipal corporation normally would be required to pay, but which the director of transportation, pursuant to division (B) of section 5531.08 of the Revised Code, determines instead will be paid from moneys in the highway operating fund; and paying the costs of the department of public safety in administering and enforcing the state law relating to the registration and operation of motor vehicles.
(2) The amount credited pursuant to division (A) of section 5735.26 of the Revised Code shall be used for paying the state's share of the cost of planning, constructing, widening, maintaining, and reconstructing the state highways; paying that portion of the construction cost of a highway project which a county, township, or municipal corporation normally would be required to pay, but which the director of transportation, pursuant to division (B) of section 5531.08 of the Revised Code, determines instead will be paid from moneys in the highway operating fund; and also for supplying the state's share of the cost of eliminating railway grade crossings upon such highways and costs apportioned to the state under section 4907.47 of the Revised Code. The director of transportation may expend portions of such amount upon extensions of state highways within municipal corporations or upon portions of state highways within municipal corporations, as is provided by law.
Sec. 5747.061. (A) As used in this section:
(1) "State agency" means the general assembly, all courts, any department, division, institution, board, commission, authority, bureau, or other instrumentality of the state.
(2) "Political subdivision" means a county, municipal corporation, township, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.
(3) "Legislative authority" means the board of county commissioners, the legislative authority of a municipal corporation, the board of township trustees, the board of education, or the board, council, commission, or other governing body of any other political subdivision.
(4) "Fiscal officer" means the county auditor, the
treasurer
of the municipal corporation,
the clerk-treasurer of a
village, or
the officer
that
who, by virtue of the charter, has the
duties of
the treasurer or clerk-treasurer, the township
clerk
fiscal
officer,
the treasurer of the board of education, or, in the case
of any
state agency or other subdivision, the officer or person
responsible for deducting and withholding from the compensation
paid to an employee who is a taxpayer the amount of tax required
to be withheld by section 5747.06 of the Revised Code.
(B)(1) The director or other chief administrator of any state agency, in accordance with rules adopted by the department of administrative services, may direct its fiscal officer to deduct and withhold from the compensation paid to an employee who is a resident of a state with which the commissioner has entered into an agreement under division (A)(3) of section 5747.05 of the Revised Code, a tax computed in such a manner as to result, as far as practicable, in withholding from the compensation of the employee during each calendar year an amount substantially equivalent to the tax reasonably estimated to be due under the income tax laws of the state of residence of the employee with respect to the amount of such compensation included in gross income during the calendar year under those laws.
(2) The legislative authority of a political subdivision may adopt a rule, ordinance, or resolution requiring the fiscal officer of the political subdivision to deduct and withhold from the compensation paid to an employee who is a resident of a state with which the tax commissioner has entered into an agreement under division (A)(3) of section 5747.05 of the Revised Code, a tax computed in such a manner as to result, as far as practicable, in withholding from the compensation of the employee during each calendar year an amount substantially equivalent to the tax reasonably estimated to be due under the income tax laws of the state of residence of the employee with respect to the amount of such compensation included in gross income during the calendar year under those laws.
(3) Upon direction of the director or other chief
administrator of a state agency, or adoption of a rule,
ordinance,
or resolution by a political subdivision under this
division, the
fiscal officer shall obtain from the official
responsible for
administering the income tax laws of the state of
residence of the
employee, information necessary to enable
him
the
fiscal officer
to withhold the proper amount of tax from the compensation
of the
employee for the calendar year.
(C) A fiscal officer who deducts and withholds tax from the compensation of a nonresident employee shall file a withholding return or other report and pay the full amount of the tax deducted and withheld as required by the income tax laws of the state of residence of the employee.
(D) A fiscal officer who deducts and withholds tax from the compensation of a nonresident employee shall furnish to that employee and to the official who is responsible for administering the income tax laws of the state of residence of the employee, a written statement showing the amount of compensation paid to the employee and the amount deducted and withheld from the compensation of the employee during the calendar year. The statement shall be furnished on or before the last day of January of the succeeding year, except that, with respect to an employee whose employment is terminated, the statement for the calendar year in which the last payment of compensation is made shall be furnished within thirty days from the date the last payment of compensation is made.
SECTION 2. That existing sections 111.21, 111.22, 117.44, 133.01, 133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31, 321.32, 321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41, 503.52, 504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20, 505.03, 505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262, 505.31, 505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511, 505.73, 505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05, 507.051, 507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21, 511.22, 511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05, 517.06, 517.07, 519.12, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201, 707.28, 709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10, 715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08, 971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02, 2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025, 3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27, 5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16, 5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73, 5735.27, and 5747.061 of the Revised Code are hereby repealed.
SECTION 3. Section 711.10 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 231 and Sub. S.B. 115 of the 125th General Assembly. Section 715.70 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 434 and Am. Sub. S.B. 201 of the 122nd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act.