As Passed by the House

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 107

Senators Schuler, Padgett, Clancy, Schuring, Mumper, Grendell, Coughlin, Fedor, Miller, Niehaus, Roberts, Wilson, Zurz, Mallory 

Representatives Chandler, Combs, Daniels, Uecker, Wolpert, Fende, Domenick, Carano, Cassell, D. Evans, Flowers, Hagan, Reidelbach, Sayre, Schaffer, Seaver 

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A BILL

To amend sections 111.21, 111.22, 117.44, 133.01,

1

133.27, 149.42, 301.01, 306.32, 306.321, 319.51,

2

321.31, 321.32, 321.34, 345.01, 503.162, 503.25,

3

503.26, 503.29, 503.41, 503.52, 504.06, 504.07,

4

504.11, 504.12, 504.14, 504.19, 504.20, 505.03,

5

505.04, 505.07, 505.108, 505.11, 505.17, 505.24,

6

505.262, 505.31, 505.32, 505.33, 505.35, 505.37,

7

505.373, 505.47, 505.511, 505.73, 505.86, 507.01,

8

507.02, 507.021, 507.03, 507.04, 507.05, 507.051,

9

507.06, 507.07, 507.08, 507.09, 507.11, 509.02,

10

511.21, 511.22, 511.33, 513.04, 515.02, 515.04,

11

515.081, 515.12, 517.05, 517.06, 517.07, 519.12,

12

519.16, 519.161, 519.211, 521.02, 521.03, 703.201,

13

707.28, 709.023, 709.024, 709.03, 709.033, 709.46,

14

711.05, 711.10, 715.691, 715.70, 715.71, 715.75,

15

715.76, 971.05, 971.06, 971.08, 971.09, 971.12,

16

971.35, 971.36, 1341.16, 1533.13, 1710.02,

17

2927.21, 3381.03, 3501.37, 3513.253, 3517.10,

18

3709.30, 3734.025, 3734.026, 3734.57, 4301.80,

19

4303.26, 4928.20, 4929.26, 4929.27, 5123.19,

20

5126.021, 5541.02, 5543.05, 5552.10, 5571.04,

21

5571.16, 5573.13, 5573.211, 5575.04, 5575.09,

22

5579.08, 5705.01, 5709.73, 5735.27, and 5747.061

23

of the Revised Code to replace the name "township

24

clerk" with the name "township fiscal officer" and

25

to require a township zoning referendum to be

26

voted upon at a special election to be held on the

27

day of the next primary or general election that

28

occurs at least 75 days after the referendum

29

petition is filed, regardless of whether any

30

election will be held to nominate or elect

31

candidates on that day.

32

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 111.21, 111.22, 117.44, 133.01,	33
133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31, 321.32,	34
321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41, 503.52,	35
504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20, 505.03,	36
505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262, 505.31,	37
505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511, 505.73,	38
505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05, 507.051,	39
507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21, 511.22,	40
511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05, 517.06,	41
517.07, 519.12, 519.16, 519.161, 519.211, 521.02, 521.03, 703.201,	42
707.28, 709.023, 709.024, 709.03, 709.033, 709.46, 711.05, 711.10,	43
715.691, 715.70, 715.71, 715.75, 715.76, 971.05, 971.06, 971.08,	44
971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13, 1710.02,	45
2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30, 3734.025,	46
3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26, 4929.27,	47
5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04, 5571.16,	48
5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01, 5709.73,	49
5735.27, and 5747.061 of the Revised Code be amended to read as	50
follows:	51

Sec. 111.21.  The secretary of state shall:

52

(A) Make and keep a record of all elections and the votes	53
cast thereatat elections in municipal corporations, townships,	54
and counties upon all questions of electing charter commissions,	55
of adopting charters or amendments theretoto charters, of	56
adopting additional laws or alternative forms of government, of	57
transferring powers to counties, and of withdrawing or revoking	58
suchthose powers;	59

(B) File and preserve all reports, certificates, and copies	60
of agreements transferingtransferring powers, whether approved by	61
popular vote or otherwise, and of charters, as permanent public	62
records of the state;	63

(C) Establish regulations prescribing the forms, times,	64
certifications, details, and other particulars or conditions	65
governing the fiscal officers of townships and the clerks of	66
municipal corporations, townships, boards of elections, and boards	67
of county commissioners in reporting and certifying the papers and	68
information necessary for the records and files of the secretary	69
of state. SuchThe regulations shall require the furnishing of one	70
or more duplicates of the text of all charters and amendments, and	71
of all transfer agreements, one of each of which it shall be the	72
duty of the secretary of state to verify and deposit in the	73
library of the supreme court.	74

Sec. 111.22.  The fiscal officer of every township and the	75
clerk of every municipal corporation, township, board of	76
elections, and board of county commissioners shall:	77

(A) Furnish and certify to the secretary of state all copies	78
of resolutions, ordinances, other instruments, portions of public	79
records, and other information as the secretary of state requires;	80
and	81

(B) Furnish and certify duplicate copies of so much of each	82
item as the secretary of state prescribes to the clerk of courts	83
the court of common pleas and the law library of the county	84
affected.	85

Sec. 117.44.  To enhance local officials' background and	86
working knowledge of government accounting, budgeting and	87
financing, financial report preparation, and the rules adopted by	88
the auditor of state, the auditor of state shall hold training	89
programs for persons elected for the first time as township clerks	90
fiscal officers, city auditors, and village clerks, between the	91
first day of December and the first day of April immediately	92
following a general election for any of these offices. Similar	93
training may also be provided to any township clerkfiscal	94
officer, city auditor, or village clerk who is appointed to fill a	95
vacancy or who is elected in a special election.	96

The auditor of state also shall develop and provide an annual	97
training program of continuing education for village clerks.	98

The auditor of state shall determine the manner, content, and	99
length of the training programs after consultation with	100
appropriate statewide organizations of local governmental	101
officials. The auditor of state shall charge the political	102
subdivisions that the trainees represent a registration fee that	103
will meet actual and necessary expenses of the training, including	104
instructor fees, site acquisition costs, and the cost of course	105
materials. The necessary personal expenses incurred by the	106
officials as a result of attending the training program shall be	107
borne by the political subdivisions they represent.	108

The auditor of state shall allow any other interested person	109
to attend any of the training programs that the auditor of state	110
holds pursuant to this section; provided, that before attending	111
any such training program, the interested person shall pay to the	112
auditor of state the full registration fee that the auditor of	113
state has set for the training program.	114

The auditor of state may provide any other appropriate	115
training or educational programs that may be developed and offered	116
by the auditor of state or in collaboration with one or more other	117
state agencies, political subdivisions, or other public or private	118
entities.	119

There is hereby established in the state treasury the auditor	120
of state training program fund, to be used by the auditor of state	121
for the actual and necessary expenses of any training programs	122
held pursuant to this section, section 117.441, or section 321.46	123
of the Revised Code. All registration fees collected under this	124
section shall be paid into the fund.	125

Sec. 133.01.  As used in this chapter, in sections 9.95,	126
9.96, and 2151.655 of the Revised Code, in other sections of the	127
Revised Code that make reference to this chapter unless the	128
context does not permit, and in related proceedings, unless	129
otherwise expressly provided:	130

(A) "Acquisition" as applied to real or personal property	131
includes, among other forms of acquisition, acquisition by	132
exercise of a purchase option, and acquisition of interests in	133
property, including, without limitation, easements and	134
rights-of-way, and leasehold and other lease interests initially	135
extending or extendable for a period of at least sixty months.	136

(B) "Anticipatory securities" means securities, including	137
notes, issued in anticipation of the issuance of other securities.	138

(C) "Board of elections" means the county board of elections	139
of the county in which the subdivision is located. If the	140
subdivision is located in more than one county, "board of	141
elections" means the county board of elections of the county that	142
contains the largest portion of the population of the subdivision	143
or that otherwise has jurisdiction in practice over and	144
customarily handles election matters relating to the subdivision.	145

(D) "Bond retirement fund" means the bond retirement fund	146
provided for in section 5705.09 of the Revised Code, and also	147
means a sinking fund or any other special fund, regardless of the	148
name applied to it, established by or pursuant to law or the	149
proceedings for the payment of debt charges. Provision may be made	150
in the applicable proceedings for the establishment in a bond	151
retirement fund of separate accounts relating to debt charges on	152
particular securities, or on securities payable from the same or	153
common sources, and for the application of moneys in those	154
accounts only to specified debt charges on specified securities or	155
categories of securities. Subject to law and any provisions in the	156
applicable proceedings, moneys in a bond retirement fund or	157
separate account in a bond retirement fund may be transferred to	158
other funds and accounts.	159

(E) "Capitalized interest" means all or a portion of the	160
interest payable on securities from their date to a date stated or	161
provided for in the applicable legislation, which interest is to	162
be paid from the proceeds of the securities.	163

(F) "Chapter 133. securities" means securities authorized by	164
or issued pursuant to or in accordance with this chapter.	165

(G) "County auditor" means the county auditor of the county	166
in which the subdivision is located. If the subdivision is located	167
in more than one county, "county auditor" means the county auditor	168
of the county that contains the highest amount of the tax	169
valuation of the subdivision or that otherwise has jurisdiction in	170
practice over and customarily handles property tax matters	171
relating to the subdivision. In the case of a county that has	172
adopted a charter, "county auditor" means the officer who	173
generally has the duties and functions provided in the Revised	174
Code for a county auditor.	175

(H) "Credit enhancement facilities" means letters of credit,	176
lines of credit, stand-by, contingent, or firm securities purchase	177
agreements, insurance, or surety arrangements, guarantees, and	178
other arrangements that provide for direct or contingent payment	179
of debt charges, for security or additional security in the event	180
of nonpayment or default in respect of securities, or for making	181
payment of debt charges to and at the option and on demand of	182
securities holders or at the option of the issuer or upon certain	183
conditions occurring under put or similar arrangements, or for	184
otherwise supporting the credit or liquidity of the securities,	185
and includes credit, reimbursement, marketing, remarketing,	186
indexing, carrying, interest rate hedge, and subrogation	187
agreements, and other agreements and arrangements for payment and	188
reimbursement of the person providing the credit enhancement	189
facility and the security for that payment and reimbursement.	190

(I) "Current operating expenses" or "current expenses" means	191
the lawful expenditures of a subdivision, except those for	192
permanent improvements and for payments of debt charges of the	193
subdivision.	194

(J) "Debt charges" means the principal, including any	195
mandatory sinking fund deposits and mandatory redemption payments,	196
interest, and any redemption premium, payable on securities as	197
those payments come due and are payable. The use of "debt charges"	198
for this purpose does not imply that any particular securities	199
constitute debt within the meaning of the Ohio Constitution or	200
other laws.	201

(K) "Financing costs" means all costs and expenses relating	202
to the authorization, including any required election, issuance,	203
sale, delivery, authentication, deposit, custody, clearing,	204
registration, transfer, exchange, fractionalization, replacement,	205
payment, and servicing of securities, including, without	206
limitation, costs and expenses for or relating to publication and	207
printing, postage, delivery, preliminary and final official	208
statements, offering circulars, and informational statements,	209
travel and transportation, underwriters, placement agents,	210
investment bankers, paying agents, registrars, authenticating	211
agents, remarketing agents, custodians, clearing agencies or	212
corporations, securities depositories, financial advisory	213
services, certifications, audits, federal or state regulatory	214
agencies, accounting and computation services, legal services and	215
obtaining approving legal opinions and other legal opinions,	216
credit ratings, redemption premiums, and credit enhancement	217
facilities. Financing costs may be paid from any moneys available	218
for the purpose, including, unless otherwise provided in the	219
proceedings, from the proceeds of the securities to which they	220
relate and, as to future financing costs, from the same sources	221
from which debt charges on the securities are paid and as though	222
debt charges.	223

(L) "Fiscal officer" means the following, or, in the case of	224
absence or vacancy in the office, a deputy or assistant authorized	225
by law or charter to act in the place of the named officer, or if	226
there is no such authorization then the deputy or assistant	227
authorized by legislation to act in the place of the named officer	228
for purposes of this chapter, in the case of the following	229
subdivisions:	230

(1) A county, the county auditor;

231

(2) A municipal corporation, the city auditor or village	232
clerk or clerk-treasurer, or the officer who, by virtue of a	233
charter, has the duties and functions provided in the Revised Code	234
for the city auditor or village clerk or clerk-treasurer;	235

(3) A school district, the treasurer of the board of	236
education;	237

(4) A regional water and sewer district, the secretary of the	238
board of trustees;	239

(5) A joint township hospital district, the treasurer of the	240
district;	241

(6) A joint ambulance district, the clerk of the board of	242
trustees;	243

(7) A joint recreation district, the person designated	244
pursuant to section 755.15 of the Revised Code;	245

(8) A detention facility district or a district organized	246
under section 2151.65 of the Revised Code or a combined district	247
organized under sections 2152.41 and 2151.65 of the Revised Code,	248
the county auditor of the county designated by law to act as the	249
auditor of the district;	250

(9) A township, a fire district organized under division (C)	251
of section 505.37 of the Revised Code, or a township police	252
district, the clerkfiscal officer of the township;	253

(10) A joint fire district, the clerk of the board of	254
trustees of that district;	255

(11) A regional or county library district, the person	256
responsible for the financial affairs of that district;	257

(12) A joint solid waste management district, the fiscal	258
officer appointed by the board of directors of the district under	259
section 343.01 of the Revised Code;	260

(13) A joint emergency medical services district, the person	261
appointed as fiscal officer pursuant to division (D) of section	262
307.053 of the Revised Code;	263

(14) A fire and ambulance district, the person appointed as	264
fiscal officer under division (B) of section 505.375 of the	265
Revised Code;	266

(15) A subdivision described in division (MM)(17) of this	267
section, the officer who is designated by law as or performs the	268
functions of its chief fiscal officer.	269

(M) "Fiscal year" has the same meaning as in section 9.34 of	270
the Revised Code.	271

(N) "Fractionalized interests in public obligations" means	272
participations, certificates of participation, shares, or other	273
instruments or agreements, separate from the public obligations	274
themselves, evidencing ownership of interests in public	275
obligations or of rights to receive payments of, or on account of,	276
principal or interest or their equivalents payable by or on behalf	277
of an obligor pursuant to public obligations.	278

(O) "Fully registered securities" means securities in	279
certificated or uncertificated form, registered as to both	280
principal and interest in the name of the owner.	281

(P) "Fund" means to provide for the payment of debt charges	282
and expenses related to that payment at or prior to retirement by	283
purchase, call for redemption, payment at maturity, or otherwise.	284

(Q) "General obligation" means securities to the payment of	285
debt charges on which the full faith and credit and the general	286
property taxing power, including taxes within the tax limitation	287
if available to the subdivision, of the subdivision are pledged.	288

(R) "Interest" or "interest equivalent" means those payments	289
or portions of payments, however denominated, that constitute or	290
represent consideration for forbearing the collection of money, or	291
for deferring the receipt of payment of money to a future time.	292

(S) "Internal Revenue Code" means the "Internal Revenue Code	293
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	294
includes any laws of the United States providing for application	295
of that code.	296

(T) "Issuer" means any public issuer and any nonprofit	297
corporation authorized to issue securities for or on behalf of any	298
public issuer.	299

(U) "Legislation" means an ordinance or resolution passed by	300
a majority affirmative vote of the then members of the taxing	301
authority unless a different vote is required by charter	302
provisions governing the passage of the particular legislation by	303
the taxing authority.	304

(V) "Mandatory sinking fund redemption requirements" means	305
amounts required by proceedings to be deposited in a bond	306
retirement fund for the purpose of paying in any year or fiscal	307
year by mandatory redemption prior to stated maturity the	308
principal of securities that is due and payable, except for	309
mandatory prior redemption requirements as provided in those	310
proceedings, in a subsequent year or fiscal year.	311

(W) "Mandatory sinking fund requirements" means amounts	312
required by proceedings to be deposited in a year or fiscal year	313
in a bond retirement fund for the purpose of paying the principal	314
of securities that is due and payable in a subsequent year or	315
fiscal year.	316

(X) "Net indebtedness" has the same meaning as in division	317
(A) of section 133.04 of the Revised Code.	318

(Y) "Obligor," in the case of securities or fractionalized	319
interests in public obligations issued by another person the debt	320
charges or their equivalents on which are payable from payments	321
made by a public issuer, means that public issuer.	322

(Z) "One purpose" relating to permanent improvements means	323
any one permanent improvement or group or category of permanent	324
improvements for the same utility, enterprise, system, or project,	325
development or redevelopment project, or for or devoted to the	326
same general purpose, function, or use or for which	327
self-supporting securities, based on the same or different sources	328
of revenues, may be issued or for which special assessments may be	329
levied by a single ordinance or resolution. "One purpose"	330
includes, but is not limited to, in any case any off-street	331
parking facilities relating to another permanent improvement, and:	332

(1) Any number of roads, highways, streets, bridges,	333
sidewalks, and viaducts;	334

(2) Any number of off-street parking facilities;

335

(3) In the case of a county, any number of permanent	336
improvements for courthouse, jail, county offices, and other	337
county buildings, and related facilities;	338

(4) In the case of a school district, any number of	339
facilities and buildings for school district purposes, and related	340
facilities.	341

(AA) "Outstanding," referring to securities, means securities	342
that have been issued, delivered, and paid for, except any of the	343
following:	344

(1) Securities canceled upon surrender, exchange, or	345
transfer, or upon payment or redemption;	346

(2) Securities in replacement of which or in exchange for	347
which other securities have been issued;	348

(3) Securities for the payment, or redemption or purchase for	349
cancellation prior to maturity, of which sufficient moneys or	350
investments, in accordance with the applicable legislation or	351
other proceedings or any applicable law, by mandatory sinking fund	352
redemption requirements, mandatory sinking fund requirements, or	353
otherwise, have been deposited, and credited for the purpose in a	354
bond retirement fund or with a trustee or paying or escrow agent,	355
whether at or prior to their maturity or redemption, and, in the	356
case of securities to be redeemed prior to their stated maturity,	357
notice of redemption has been given or satisfactory arrangements	358
have been made for giving notice of that redemption, or waiver of	359
that notice by or on behalf of the affected security holders has	360
been filed with the subdivision or its agent for the purpose.	361

(BB) "Paying agent" means the one or more banks, trust	362
companies, or other financial institutions or qualified persons,	363
including an appropriate office or officer of the subdivision,	364
designated as a paying agent or place of payment of debt charges	365
on the particular securities.	366

(CC) "Permanent improvement" or "improvement" means any	367
property, asset, or improvement certified by the fiscal officer,	368
which certification is conclusive, as having an estimated life or	369
period of usefulness of five years or more, and includes, but is	370
not limited to, real estate, buildings, and personal property and	371
interests in real estate, buildings, and personal property,	372
equipment, furnishings, and site improvements, and reconstruction,	373
rehabilitation, renovation, installation, improvement,	374
enlargement, and extension of property, assets, or improvements so	375
certified as having an estimated life or period of usefulness of	376
five years or more. The acquisition of all the stock ownership of	377
a corporation is the acquisition of a permanent improvement to the	378
extent that the value of that stock is represented by permanent	379
improvements. A permanent improvement for parking, highway, road,	380
and street purposes includes resurfacing, but does not include	381
ordinary repair.	382

(DD) "Person" has the same meaning as in section 1.59 of the	383
Revised Code and also includes any federal, state, interstate,	384
regional, or local governmental agency, any subdivision, and any	385
combination of those persons.	386

(EE) "Proceedings" means the legislation, certifications,	387
notices, orders, sale proceedings, trust agreement or indenture,	388
mortgage, lease, lease-purchase agreement, assignment, credit	389
enhancement facility agreements, and other agreements,	390
instruments, and documents, as amended and supplemented, and any	391
election proceedings, authorizing, or providing for the terms and	392
conditions applicable to, or providing for the security or sale or	393
award of, public obligations, and includes the provisions set	394
forth or incorporated in those public obligations and proceedings.	395

(FF) "Public issuer" means any of the following that is	396
authorized by law to issue securities or enter into public	397
obligations:	398

(1) The state, including an agency, commission, officer,	399
institution, board, authority, or other instrumentality of the	400
state;	401

(2) A taxing authority, subdivision, district, or other local	402
public or governmental entity, and any combination or consortium,	403
or public division, district, commission, authority, department,	404
board, officer, or institution, thereof;	405

(3) Any other body corporate and politic, or other public	406
entity.	407

(GG) "Public obligations" means both of the following:

408

(1) Securities;

409

(2) Obligations of a public issuer to make payments under	410
installment sale, lease, lease purchase, or similar agreements,	411
which obligations bear interest or interest equivalent.	412

(HH) "Refund" means to fund and retire outstanding	413
securities, including advance refunding with or without payment or	414
redemption prior to maturity.	415

(II) "Register" means the books kept and maintained by the	416
registrar for registration, exchange, and transfer of registered	417
securities.	418

(JJ) "Registrar" means the person responsible for keeping the	419
register for the particular registered securities, designated by	420
or pursuant to the proceedings.	421

(KK) "Securities" means bonds, notes, certificates of	422
indebtedness, commercial paper, and other instruments in writing,	423
including, unless the context does not admit, anticipatory	424
securities, issued by an issuer to evidence its obligation to	425
repay money borrowed, or to pay interest, by, or to pay at any	426
future time other money obligations of, the issuer of the	427
securities, but not including public obligations described in	428
division (GG)(2) of this section.	429

(LL) "Self-supporting securities" means securities or	430
portions of securities issued for the purpose of paying costs of	431
permanent improvements to the extent that receipts of the	432
subdivision, other than the proceeds of taxes levied by that	433
subdivision, derived from or with respect to the improvements or	434
the operation of the improvements being financed, or the	435
enterprise, system, project, or category of improvements of which	436
the improvements being financed are part, are estimated by the	437
fiscal officer to be sufficient to pay the current expenses of	438
that operation or of those improvements or enterprise, system,	439
project, or categories of improvements and the debt charges	440
payable from those receipts on securities issued for the purpose.	441
Until such time as the improvements or increases in rates and	442
charges have been in operation or effect for a period of at least	443
six months, the receipts therefrom, for purposes of this	444
definition, shall be those estimated by the fiscal officer, except	445
that those receipts may include, without limitation, payments made	446
and to be made to the subdivision under leases or agreements in	447
effect at the time the estimate is made. In the case of an	448
operation, improvements, or enterprise, system, project, or	449
category of improvements without at least a six-month history of	450
receipts, the estimate of receipts by the fiscal officer, other	451
than those to be derived under leases and agreements then in	452
effect, shall be confirmed by the taxing authority.	453

(MM) "Subdivision" means any of the following:

454

(1) A county, including a county that has adopted a charter	455
under Article X, Ohio Constitution;	456

(2) A municipal corporation, including a municipal	457
corporation that has adopted a charter under Article XVIII, Ohio	458
Constitution;	459

(3) A school district;

460

(4) A regional water and sewer district organized under	461
Chapter 6119. of the Revised Code;	462

(5) A joint township hospital district organized under	463
section 513.07 of the Revised Code;	464

(6) A joint ambulance district organized under section 505.71	465
of the Revised Code;	466

(7) A joint recreation district organized under division (C)	467
of section 755.14 of the Revised Code;	468

(8) A detention facility district organized under section	469
2152.41, a district organized under section 2151.65, or a combined	470
district organized under sections 2152.41 and 2151.65 of the	471
Revised Code;	472

(9) A township police district organized under section 505.48	473
of the Revised Code;	474

(10) A township;

475

(11) A joint fire district organized under section 505.371 of	476
the Revised Code;	477

(12) A county library district created under section 3375.19	478
or a regional library district created under section 3375.28 of	479
the Revised Code;	480

(13) A joint solid waste management district organized under	481
section 343.01 or 343.012 of the Revised Code;	482

(14) A joint emergency medical services district organized	483
under section 307.052 of the Revised Code;	484

(15) A fire and ambulance district organized under section	485
505.375 of the Revised Code;	486

(16) A fire district organized under division (C) of section	487
505.37 of the Revised Code;	488

(17) Any other political subdivision or taxing district or	489
other local public body or agency authorized by this chapter or	490
other laws to issue Chapter 133. securities.	491

(NN) "Taxing authority" means in the case of the following	492
subdivisions:	493

(1) A county, a county library district, or a regional	494
library district, the board or boards of county commissioners, or	495
other legislative authority of a county that has adopted a charter	496
under Article X, Ohio Constitution, but with respect to such a	497
library district acting solely as agent for the board of trustees	498
of that district;	499

(2) A municipal corporation, the legislative authority;

500

(3) A school district, the board of education;

501

(4) A regional water and sewer district, a joint ambulance	502
district, a joint recreation district, a fire and ambulance	503
district, or a joint fire district, the board of trustees of the	504
district;	505

(5) A joint township hospital district, the joint township	506
hospital board;	507

(6) A detention facility district or a district organized	508
under section 2151.65 of the Revised Code, a combined district	509
organized under sections 2152.41 and 2151.65 of the Revised Code,	510
or a joint emergency medical services district, the joint board of	511
county commissioners;	512

(7) A township, a fire district organized under division (C)	513
of section 505.37 of the Revised Code, or a township police	514
district, the board of township trustees;	515

(8) A joint solid waste management district organized under	516
section 343.01 or 343.012 of the Revised Code, the board of	517
directors of the district;	518

(9) A subdivision described in division (MM)(17) of this	519
section, the legislative or governing body or official.	520

(OO) "Tax limitation" means the "ten-mill limitation" as	521
defined in section 5705.02 of the Revised Code without diminution	522
by reason of section 5705.313 of the Revised Code or otherwise,	523
or, in the case of a municipal corporation or county with a	524
different charter limitation on property taxes levied to pay debt	525
charges on unvoted securities, that charter limitation. Those	526
limitations shall be respectively referred to as the "ten-mill	527
limitation" and the "charter tax limitation."	528

(PP) "Tax valuation" means the aggregate of the valuations of	529
property subject to ad valorem property taxation by the	530
subdivision on the real property, personal property, and public	531
utility property tax lists and duplicates most recently certified	532
for collection, and shall be calculated without deductions of the	533
valuations of otherwise taxable property exempt in whole or in	534
part from taxation by reason of exemptions of certain amounts of	535
taxable value under division (C) of section 5709.01 or section	536
323.152 of the Revised Code, or similar laws now or in the future	537
in effect.	538

(QQ) "Year" means the calendar year.

539

(RR) "Administrative agent," "agent," "commercial paper,"	540
"floating rate interest structure," "indexing agent," "interest	541
rate hedge," "interest rate period," "put arrangement," and	542
"remarketing agent" have the same meanings as in section 9.98 of	543
the Revised Code.	544

(SS) "Sales tax supported" means obligations to the payment	545
of debt charges on which an additional sales tax or additional	546
sales taxes have been pledged by the taxing authority of a county	547
pursuant to section 133.081 of the Revised Code.	548

Sec. 133.27.  (A) Chapter 133. securities shall be signed on	549
behalf of the subdivision as follows:	550

(1) In the case of a municipal corporation, by the mayor or	551
other chief executive officer and by the fiscal officer, or by	552
suchany other officers aswho are designated to sign by the	553
charter or legislation of its taxing authority;	554

(2) In the case of a county, by at least two members of its	555
taxing authority and by the county auditor, or, in the case of a	556
charter county, by suchthose officers of the county aswho are	557
designated to sign by the charter or legislation of its taxing	558
authority;	559

(3) In the case of a school district, by the president or	560
vice-president of the board of education and by its fiscal	561
officer;	562

(4) In the case of a township, by at least two township	563
trustees and by the township clerkfiscal officer;	564

(5) In the case of a subdivision not referred to in divisions	565
(B)(1) to (4) of this section, by the officer of the subdivision	566
or taxing authority designated to sign by other law or, if there	567
is no such other law designating an officer, by the legislation	568
authorizing the securities.	569

(B) If an officer designated to sign securities or interest	570
coupons pursuant to division (A) or (E) of this section is for any	571
reason unable or unavailable to so sign, another officer of the	572
subdivision or taxing authority, designated by legislation passed	573
by the taxing authority, may sign instead of that officer.	574

(C) All signatures required by this section may be facsimile	575
signatures as provided for by sections 9.10, 9.11, and 9.96 of the	576
Revised Code, unless the securities are issued in other than fully	577
registered form, in which case at least one such signature shall	578
be a manual signature.	579

(D) If an officer who has signed, manually or by facsimile	580
signature, any securities of a subdivision ceases to be such	581
officer before the securities so signed have been actually	582
delivered, the securities may nevertheless be issued and delivered	583
as though the person who has so signed the securities had not	584
ceased to be such officer. Any securities may be signed as	585
provided in this section, on behalf of the subdivision, by an	586
officer who is the proper officer of the subdivision or taxing	587
authority on the actual date of signing of the securities,	588
notwithstanding the fact that at the date of the securities or on	589
the date of delivery of the securities that person was or is not	590
suchthe proper officer of the subdivision.	591

(E) Securities, other than fully registered securities, may,	592
in the discretion of the taxing authority, have interest coupons	593
attached or otherwise appertaining. The interest coupons shall be	594
signed on behalf of the subdivision by the manual or facsimile	595
signature of its fiscal officer.	596

Sec. 149.42.  There is hereby created in each township a	597
township records commission, composed of the chairmanchairperson	598
of the board of township trustees and the clerkfiscal officer of	599
the township. The commission shall meet at least once every twelve	600
months, and upon call of the chairperson.	601

The function of the commission shall be to review	602
applications for one-time records disposal and schedules of	603
records retention and disposition submitted by township offices.	604
Records may be disposed of by the commission pursuant to the	605
procedure outlined in this section. The commission may at any time	606
review any schedule it has previously approved, and for good cause	607
shown may revise that schedule.	608

When township records have been approved for disposal, a list	609
of suchthe records shall be sent to the auditor of state. If the	610
auditor of state disapproves of the action by the commission, in	611
whole or in part, the auditor of state shall so inform the	612
commission within a period of sixty days, and these records shall	613
not be destroyed. Before public records are disposed of, the Ohio	614
historical society shall be informed and given the opportunity for	615
a period of sixty days to select for its custody suchthose public	616
records as it considers to be of continuing historical value.	617

Sec. 301.01.  When a petition, memorial, or remonstrance is	618
presented to the general assembly for or against the erection of a	619
new county, or for the location or relocation of a county seat,	620
the petitioners must be eighteen years of age and resident	621
taxpayers or voters within the several townships in which they	622
reside. The petition shall set forth the name of the township and	623
county in which the petitioners reside, and that their residence	624
is within or out of the bounds of the proposed new county, as the	625
case may be. The foregoing requirements shall be proven by the	626
certificate of a township clerkfiscal officer or by the oath of a	627
respectable freeholder or voter, certified by a person authorized	628
to administer oaths. SuchThe certificate or oath shall specify on	629
the petition, memorial, or remonstrance the number of signers	630
there were to suchthe paper at the time of the certifying or	631
oath.	632

Sec. 306.32.  Any county, or any two or more counties,	633
municipal corporations, or townships, or any combination thereof	634
of these, may create a regional transit authority by the adoption	635
of a resolution or ordinance by the board of county commissioners	636
of each county, the legislative authority of each municipal	637
corporation, and the board of township trustees of each township	638
which is to create or to join in the creation of the regional	639
transit authority. SuchThe resolution or ordinance shall state:	640

(A) The necessity for the creation of a regional transit	641
authority;	642

(B) The counties, municipal corporations, or townships which	643
are to create or to join in the creation of the regional transit	644
authority;	645

(C) The official name by which the regional transit authority	646
shall be known;	647

(D) The place in which the principal office of the regional	648
transit authority will be located or the manner in which it may be	649
selected;	650

(E) The number, term, and compensation, or method for	651
establishing compensation, of the members of the board of trustees	652
of the regional transit authority. Compensation shall not exceed	653
fifty dollars for each board and committee meeting attended by a	654
member, except that if compensation is provided annually it shall	655
not exceed six thousand dollars for the president of the board or	656
four thousand eight hundred dollars for each other board member.	657

(F) The manner in which vacancies on the board of trustees of	658
the regional transit authority shall be filled;	659

(G) The manner and to what extent the expenses of the	660
regional transit authority shall be apportioned among the	661
counties, municipal corporations, and townships creating it;	662

(H) The purposes, including the kinds of transit facilities,	663
for which the regional transit authority is organized.	664

The regional transit authority provided for in suchthe	665
resolution or ordinance shall be deemed to be created upon the	666
adoption of suchthe resolution or ordinance by the board of	667
county commissioners of each county, the legislative authority of	668
each municipal corporation, and the board of township trustees of	669
each township enumerated in the resolution or ordinance.	670

The resolution or ordinance creating a regional transit	671
authority may be amended to include additional counties, municipal	672
corporations, or townships or for any other purpose, by the	673
adoption of suchthe amendment by the board of county	674
commissioners of each county, the legislative authority of each	675
municipal corporation, and the board of township trustees of each	676
township which has created or joined or proposes to join the	677
regional transit authority.	678

After each county, municipal corporation, and township which	679
has created or joined or proposes to join the regional transit	680
authority has adopted its resolution or ordinance approving	681
inclusion of additional counties, municipal corporations, or	682
townships in suchthe regional transit authority, a copy of each	683
such resolution or ordinance shall be filed with the clerk of the	684
board of the county commissioners of each county, the clerk of the	685
legislative authority of each municipal corporation, and the	686
fiscal officer of the board of trustees of each township proposed	687
to be included in the regional transit authority. SuchThe	688
inclusion is effective when all such filing has been completed,	689
unless the regional transit authority to which territory is to be	690
added has authority to levy an ad valorem tax on property, or a	691
sales tax, within its territorial boundaries, in which event such	692
the inclusion shall become effective on the sixtieth day after the	693
last such filing is accomplished, unless, prior to the expiration	694
of suchthe sixty-day period, qualified electors residing in the	695
area proposed to be added to the regional transit authority, equal	696
in number to at least ten per cent of the qualified electors from	697
suchthe area who voted for governor at the last gubernatorial	698
election, file a petition of referendum against suchthe	699
inclusion. Any petition of referendum filed under this section	700
shall be filed at the office of the secretary of the board of	701
trustees of the regional transit authority. The person presenting	702
the petition shall be given a receipt containing thereonon it the	703
time of the day, the date, and the purpose of the petition. The	704
secretary of the board of trustees of the regional transit	705
authority shall cause the appropriate board or boards of elections	706
to check the sufficiency of signatures on any petition of	707
referendum filed under this section and, if found to be	708
sufficient, shall present the petition to the board of trustees at	709
a meeting of said board which occurs not later than thirty days	710
following the filing of said petition. Upon presentation to the	711
board of trustees of a petition of referendum against the proposed	712
inclusion, the board of trustees shall promptly certify the	713
proposal to the board or boards of elections for the purpose of	714
having the proposal placed on the ballot at the next general or	715
primary election which occurs not less than seventy-five days	716
after the date of the meeting of said board, or at a special	717
election, the date of which shall be specified in the	718
certification, which date shall be not less than seventy-five days	719
after the date of such meeting of the board. Signatures on a	720
petition of referendum may be withdrawn up to and including the	721
meeting of the board of trustees certifying the proposal to the	722
appropriate board or boards of elections. If territory of more	723
than one county, municipal corporation, or township is to be added	724
to the regional transit authority, the electors of suchthe	725
territories of the counties, municipal corporations, or townships	726
which are to be added shall vote as a district, and the majority	727
affirmative vote shall be determined by the vote cast in suchthe	728
district as a whole. Upon certification of a proposal to the	729
appropriate board or boards of elections pursuant to this section,	730
suchthe board or boards of election shall make the necessary	731
arrangements for the submission of such questionsthe question to	732
the electors of the territory to be added to the regional transit	733
authority qualified to vote thereonon the question, and the	734
election shall be held, canvassed, and certified in the manner	735
provided for the submission of tax levies under section 5705.191	736
of the Revised Code, except that the question appearing on the	737
ballot shall read:	738

"Shall the territory within the .........................	739
(Name or names of political subdivisions to be joined) be added to	740
.................................. (Name) regional transit	741
authority?" and shall a(n) .......... (here insert type of tax or	742
taxes) at a rate of taxation not to exceed ..... (here insert	743
maximum tax rate or rates) be levied for all transit purposes?"	744

If the question is approved by at least a majority of the	745
electors voting on suchthe question, suchthe joinder is	746
immediately effective, and the regional transit authority may	747
extend the levy of suchthe tax against all the taxable property	748
within the territory which has been added. If suchthe question is	749
approved at a general election or at a special election occurring	750
prior theretoto the general election but after the fifteenth day	751
of July, the regional transit authority may amend its budget and	752
resolution adopted pursuant to section 5705.34 of the Revised	753
Code, and suchthe levy shall be placed on the current tax list	754
and duplicate and collected as other taxes are collected from all	755
taxable property within the territorial boundaries of the regional	756
transit authority, including the territory within each political	757
subdivision added as a result of suchthe election.	758

The territorial boundaries of a regional transit authority	759
shall be coextensive with the territorial boundaries of the	760
counties, municipal corporations, and townships included within	761
the regional transit authority, provided that the same area may be	762
included in more than one regional transit authority so long as	763
the regional transit authorities are not organized for purposes as	764
provided for in the resolutions or ordinances creating the same,	765
and any amendments theretoto them, relating to the same kinds of	766
transit facilities; and provided further, that if a regional	767
transit authority includes only a portion of an entire county, a	768
regional transit authority for the same purposes may be created in	769
the remaining portion of the same county by resolution of the	770
board of county commissioners acting alone or in conjunction with	771
municipal corporations and townships as provided in this section.	772

No regional transit authority shall be organized after	773
January 1, 1975, to include any area already included in a	774
regional transit authority, except that any regional transit	775
authority organized after the effective date of this sectionJune	776
29, 1974, and having territorial boundaries entirely within a	777
single county shall, upon adoption by the board of county	778
commissioners of suchthe county of a resolution creating a	779
regional transit authority including within its territorial	780
jurisdiction the existing regional transit authority and for	781
purposes including the purposes for which suchthe existing	782
regional transit authority was created, be dissolved and its	783
territory included in such new regional transit authority. Any	784
resolution creating such a new regional transit authority shall	785
make adequate provision for satisfaction of the obligations of the	786
dissolved regional transit authority.	787

Sec. 306.321.  The resolution or ordinance creating a	788
regional transit authority may be amended to include additional	789
counties, municipal corporations, or townships by the adoption of	790
suchan amendment by the board of county commissioners of each	791
county, the legislative authority of each municipal corporation,	792
and the board of township trustees of each township which has	793
created or theretofore, prior to the adoption of the amendment,	794
joined or proposes to join the regional transit authority.	795

After each county, municipal corporation, and township which	796
has created or theretofore, prior to the adoption of the	797
amendment, joined or proposes to join the regional transit	798
authority has adopted its resolution or ordinance approving	799
inclusion of additional counties, municipal corporations, or	800
townships in suchthe regional transit authority, a copy of each	801
such resolution or ordinance shall be filed with the clerk of the	802
board of the county commissioners of each county, the clerk of the	803
legislative authority of each municipal corporation, and the	804
fiscal officer of the board of trustees of each township proposed	805
to be included in the regional transit authority.	806

Any ordinances or resolutions adopted pursuant to this	807
section approving inclusion of additional counties, municipal	808
corporations, or townships in suchthe regional transit authority	809
shall provide that the board of trustees of suchthe regional	810
transit authority must, not later than the tenth day following the	811
day on which the filing of the ordinances or resolutions, as	812
required by the immediately preceding paragraph, is completed,	813
adopt its resolution providing for submission to the electors of	814
the regional transit authority as enlarged, of the question	815
pursuant to section 306.49 of the Revised Code, of the renewal,	816
the renewal and increase, or the increase of, or the imposition of	817
an additional, ad valorem tax, or of the question pursuant to	818
section 306.70 of the Revised Code, of the renewal, the renewal	819
and increase, or the increase of, or the imposition of an	820
additional, sales and use tax. The resolution submitting the	821
question of the tax shall specify the date of the election, which	822
shall be not less than seventy-five days after certification of	823
suchthe resolution to the board of elections and which shall be	824
consistent with the requirements of section 3501.01 of the Revised	825
Code. The inclusion of the territory of the additional counties,	826
municipal corporations, or townships in the regional transit	827
authority shall be effective as of the date on which the	828
resolution of the board of trustees of the regional transit	829
authority is adopted submitting the question to the electors,	830
provided that until the question is approved, existing contracts	831
providing payment for transit services within the added territory	832
shall remain in effect and transit services shall not be affected	833
by the inclusion of the additional territory. The resolution shall	834
be certified to the board of elections and the election shall be	835
held, canvassed, and certified as provided in section 306.49 of	836
the Revised Code in the case of an ad valorem tax or in section	837
306.70 of the Revised Code in the case of a sales and use tax.	838

If the question of the tax which is submitted is not approved	839
by a majority of the electors of the enlarged regional transit	840
authority voting thereonon the question, as of the day following	841
the day on which the results of suchthe election become	842
conclusive, the additional counties, municipal corporations, or	843
townships, which had been included in the regional transit	844
authority as of the date of the adoption of the resolution	845
submitting to the electors the question, shall be removed from the	846
territory of suchthe regional transit authority and shall no	847
longer be a part of that authority without any further action by	848
either the political subdivisions which were included in the	849
authority prior to the adoption of the resolution submitting the	850
question to the electors or of the political subdivisions added to	851
the authority as a result of the adoption of suchthe resolution.	852
The regional transit authority reduced to its territory as it	853
existed prior to the inclusion of the additional counties,	854
municipal corporations, or townships, shall be entitled to levy	855
and collect any ad valorem or sales and use taxes which it was	856
authorized to levy and collect prior to the enlargement of its	857
territory and for which authorization has not expired, as if such	858
the enlargement had not occurred.	859

If the question of the tax which is submitted provides for a	860
sales and use tax to be imposed and the question is approved, and	861
the regional transit authority had previously been authorized	862
pursuant to section 306.49 of the Revised Code to levy an ad	863
valorem tax, then the regional transit authority shall appropriate	864
from the first moneys received from suchthe sales and use tax in	865
each year, the full amount required in order to pay the principal	866
of and interest on any notes of the regional transit authority	867
issued pursuant to section 306.49 of the Revised Code, in	868
anticipation of the collection of suchthe ad valorem tax; and	869
shall not thereafter levy and collect the ad valorem tax	870
previously approved unless suchthe levy and collection is	871
necessary to pay the principal of and interest on notes issued in	872
anticipation of suchthe tax in order to avoid impairing the	873
obligation of the contract between the regional transit authority	874
and the note holders.	875

If the question of the additional or renewal tax levy is	876
approved, then suchthe tax may be levied and collected as is	877
otherwise provided for an ad valorem tax or a sales and use tax	878
imposed by a regional transit authority, provided that if a	879
question relating to an ad valorem tax is approved at the general	880
election or at a special election occurring prior theretoto a	881
general election, but after the fifteenth day of July, the	882
regional transit authority may amend its budget for its next	883
fiscal year and its resolution adopted pursuant to section 5705.34	884
of the Revised Code or adopt such resolution, and suchthe levy	885
shall be placed on the current tax list and duplicate and	886
collected as all other taxes are collected from all taxable	887
property within the enlarged territory of the regional transit	888
authority including the territory within each political	889
subdivision which has been added to the regional transit authority	890
pursuant to this section, provided further that if a question	891
relating to sales and use tax is approved after the fifteenth day	892
of July in any calendar year, the regional transit authority may	893
amend its budget for the current and next fiscal year and any	894
resolution adopted pursuant to section 5705.34 of the Revised	895
Code, to reflect the imposition of suchthe sales and use tax and	896
shall amend its budget for the next fiscal year and any resolution	897
adopted pursuant to section 5705.34 of the Revised Code to comply	898
with the immediately preceding paragraph. If the budget of the	899
regional transit authority is amended pursuant to this paragraph,	900
the county auditor shall prepare and deliver an amended	901
certificate of estimated resources to reflect the change in	902
anticipated revenues of the regional transit authority.	903

The procedures of this section are in addition to and an	904
alternative to those established in section 306.32 of the Revised	905
Code for joining to a regional transit authority additional	906
counties, municipal corporations, or townships.	907

Sec. 319.51.  On the erection of a new township in the	908
county, the county auditor shall open an account with it, and, at	909
histhe auditor's next semiannual settlement, credit it with all	910
moneys for taxes collected in or distributable to the territory	911
included in suchthe new township, making corresponding deductions	912
from the townships from which it was taken. The moneys so credited	913
shall be drawn by warrants in favor of the township clerkfiscal	914
officer of the new township.	915

Sec. 321.31.  Immediately after each settlement with the	916
county auditor, on demand, and on presentation of the warrant of	917
the auditor therefor, the county treasurer shall pay to the	918
township clerkfiscal officer, or the treasurer of a municipal	919
corporation, school district, or any board authorized by law to	920
receive the funds or proceeds of any special tax levy, or other	921
properly designated officers delegated by the boards and	922
subdivisions to receive such funds or proceeds, all moneys in the	923
county treasury payable to such boards and subdivisions.	924
Delinquent taxes, interest, and penalties are payable in the	925
proportions prescribed in section 319.45 of the Revised Code.	926

Sec. 321.32.  If a township clerkfiscal officer or other	927
proper officer so requires, or the board of township trustees, the	928
legislative authority of a municipal corporation, or the board of	929
education of a school district, respectively, directs, the moneys	930
described in section 321.31 of the Revised Code shall remain in	931
the county treasury, to be drawn by the proper officer on the	932
warrant of the county auditor, in sums of not less than one	933
hundred dollars.	934

If a county treasurer retains, or if a local officer permits	935
suchthe moneys to remain in the treasury, in any manner other	936
than as provided by this section, hethe county treasurer or local	937
officer shall forfeit and pay for suchthe offense not less than	938
one hundred nor more than one thousand dollars, to be recovered in	939
an action at the suit of the state, for the use of the county.	940

Sec. 321.34.  (A)(1) When the local authorities by resolution	941
so request, the county auditor shall pay township clerksfiscal	942
officers, treasurers of municipal corporations, the treasurer of	943
any board of education, and the treasurer of any other political	944
subdivision or taxing district whose funds derived from taxes or	945
other sources are payable by law to the county treasurer, any	946
money that may be in the county treasury to the accounts of such	947
the local authorities, respectively, and lawfully applicable to	948
the purpose of the current fiscal year in which suchthe request	949
is made. The auditor and county treasurer shall retain any amounts	950
needed to make suchthe payments of obligations of local political	951
subdivisions or taxing districts as are required by law to be paid	952
directly by the county authorities.	953

(2)(a) For purposes of this section, in addition to the	954
moneys payable under division (A)(1) of this section, money in the	955
county treasury to the account of a board of education that is to	956
be included in the settlement required under division (C) of	957
section 321.24 of the Revised Code shall be paid to the treasurer	958
when the board of education, by resolution, so requests.	959

(b) SuchThe money becomes lawfully applicable to the	960
purposes of the fiscal year in which the request is made upon the	961
adoption of the resolution making the request if that resolution	962
specifies the board's intent to use the money for the purposes of	963
the fiscal year in which the request is made.	964

(B) The auditor, in making suchthe advance payment, shall	965
draw separate warrants for the payments for that part of the funds	966
allocated to the general fund of the subdivision and the part	967
allocated to service the debt charges of the subdivision. That	968
part of the advance payment allocated to the servicing of debt	969
charges shall be payable to the officer, board of trustees, or	970
commission of the subdivision charged with the payment and	971
retirement of the bonds and notes of such subdivision, and shall	972
be used for no other purpose. Any officer, board, or commission	973
receiving suchthe advance payment shall return a certificate, in	974
the form prescribed by the tax commissioner, to the auditor that	975
the funds so advanced and received have been paid into the bond	976
retirement fund.	977

(C) Upon the request, in like form, of any board of public	978
library trustees or board of township park commissioners for which	979
a share of the undivided classified property taxes collected in	980
the county has been allowed and fixed by the budget commission,	981
the auditor may, prior to the first day of April, in any year, pay	982
to the treasurer of suchthe board, from any undivided tax funds	983
in the county treasury, an amount not exceeding twenty-five per	984
cent of the board's share of suchthe undivided classified	985
property taxes; but the auditor and county treasurer shall retain	986
an amount sufficient to meet all other requests for payments which	987
have been made under this section or can be reasonably anticipated	988
prior to such first day of April. On or after the first day of	989
April, all amounts paid out of undivided tax funds shall be	990
reimbursed to the funds from which they have been paid and charged	991
against the share of suchthe board of library trustees or board	992
of township park commissioners in the undivided classified	993
property tax fund.	994

Sec. 345.01.  The taxing authority of any municipal	995
corporation, township, or county, at any time not less than one	996
hundred days prior to a general election in any year, by a vote of	997
two-thirds of all members of the taxing authority, may, and upon	998
presentation to the clerk or fiscal officer, as the case may be,	999
of suchthe taxing authority of a petition signed by not less than	1000
two per cent of the electors of the political subdivision, as	1001
shown at the preceding general election held in the subdivision,	1002
shall, declare by resolution that the amount of taxes which may be	1003
raised within the ten-mill limitation will be insufficient to	1004
provide an adequate amount for the necessary requirements of such	1005
the subdivision, and that it is necessary to levy taxes in excess	1006
of suchthe limitation for either or both of the following	1007
purposes:	1008

(A) For purchasing a site, and for erecting, equipping, and	1009
furnishing, or for establishing a memorial to commemorate the	1010
services of all members and veterans of the armed forces of the	1011
United States;	1012

(B) For the operation and maintenance of a memorial, and for	1013
the functions related theretoto it.	1014

SuchThe resolution shall be confined to the purposes set	1015
forth in this sectionssection, and shall specify the amount of	1016
increase in rate which it is necessary to levy, the purpose of the	1017
rate increase, and the number of years during which suchthe	1018
increase shall be in effect. The increase may include a levy upon	1019
the tax duplicate of the current year. The number of years shall	1020
be any number not exceeding ten. The question of an increase in	1021
tax rate under divisions (A) and (B) of this section may be	1022
submitted to the electors on one ballot.	1023

The total tax for the purposes included in this section shall	1024
not, in any year, exceed one mill of each dollar of valuation.	1025

SuchThe resolution shall go into immediate effect upon its	1026
passage, and no publication of the resolution, other than that	1027
provided for in the notice of election, shall be necessary.	1028

Sec. 503.162.  (A) After certification of a resolution as	1029
provided in section 503.161 of the Revised Code, the board of	1030
elections shall submit the question of whether the township's name	1031
shall be changed to the electors of the unincorporated area of the	1032
township in accordance with division (C) of that section, and the	1033
ballot language shall be substantially as follows:	1034

"Shall the township of .......... (name) change its name to	1035
........ (proposed name)?	1036

.......... For name change

1037

.......... Against name change"

1038

(B) At least forty-five days before the election on this	1039
question, the board of township trustees shall provide notice of	1040
the election and an explanation of the proposed name change in a	1041
newspaper of general circulation in the township for three	1042
consecutive weeks and shall post the notice and explanation in	1043
five conspicuous places in the unincorporated area of the	1044
township.	1045

(C) If a majority of the votes cast on the proposition of	1046
changing the township's name is in the affirmative, the name	1047
change is adopted and becomes effective ninety days after the	1048
board of elections certifies the election results to the clerk	1049
fiscal officer of the township. Upon receipt of the certification	1050
of the election results from the board of elections, the clerk	1051
fiscal officer of the township shall send a copy of that	1052
certification to the secretary of state.	1053

(D) A change in the name of a township shall not alter the	1054
rights or liabilities of the township as previously named.	1055

Sec. 503.25. Forthwith,Immediately after the election or	1056
appointment of township officers as provided by sections 503.22 to	1057
503.24, inclusive, of the Revised Code, the township clerkfiscal	1058
officer shall make a list of all the officers elected or	1059
appointed, stating the offices to which each is chosen or	1060
appointed, and hethe fiscal officer shall add theretoto the list	1061
a requisition that suchthe officers appear before himthe fiscal	1062
officer, or some other officer authorized to administer oaths,	1063
give bond, and take the oath of office prescribed by sections 3.22	1064
and 3.23 of the Revised Code and Section 7 of Article XV, Ohio	1065
Constitution.	1066

Such clerkThe fiscal officer shall forthwithimmediately	1067
make service of, or deliver to any constable of the township who	1068
shall make service of, a copy of suchthe list and requisition by	1069
delivering it to each person so elected or appointed. SuchThe	1070
list and requisition, with the time and manner of service thereon	1071
on it, shall be returned and filed in the office of the clerk	1072
fiscal officer.	1073

Sec. 503.26.  If a person elected or appointed to a township	1074
office takes the oath of office required by section 503.25 of the	1075
Revised Code before an officer other than the township clerk	1076
fiscal officer, the officer before whom it is taken, forthwith,	1077
shall immediately deposit with the clerkfiscal officer a	1078
certificate of suchthe oath. Such clerkThe fiscal officer shall	1079
make a record of all official oaths.	1080

Sec. 503.29.  Resolutions of the type described in division	1081
(B) of section 503.65 of the Revised Code may be proposed by	1082
initiative petition by the electors of a township and adopted by	1083
election by these electors, under the same circumstances, in the	1084
same manner, and subject to the same penalties as provided in	1085
sections 731.28 to 731.40 and section 731.99 of the Revised Code	1086
for ordinances and other measures of municipal corporations,	1087
insofar as those sections are applicable to townships, except as	1088
follows:	1089

(A) The board of township trustees shall perform the duties	1090
imposed on the legislative authority of the municipal corporation	1091
under those sections.	1092

(B) Initiative petitions shall be filed with the township	1093
clerkfiscal officer, who shall perform the duties imposed under	1094
those sections upon the city auditor or village clerk.	1095

(C) Initiative petitions shall contain the signatures of	1096
electors of the township equal in number to at least ten per cent	1097
of the total vote cast in the township for the office of governor	1098
at the most recent general election for that office.	1099

(D) Each signer of an initiative petition shall be an elector	1100
of the township in which the election on the proposed resolution	1101
is to be held.	1102

Sec. 503.41.  (A) A board of township trustees, by	1103
resolution, may regulate and require the registration of massage	1104
establishments and their employees within the unincorporated	1105
territory of the township. In accordance with sections 503.40 to	1106
503.49 of the Revised Code, for that purpose, the board, by a	1107
majority vote of all members, may adopt, amend, administer, and	1108
enforce regulations within the unincorporated territory of the	1109
township.	1110

(B) A board may adopt regulations and amendments under this	1111
section only after public hearing at not fewer than two regular	1112
sessions of the board. The board shall cause to be published in at	1113
least one newspaper of general circulation in the township notice	1114
of the public hearings, including the time, date, and place, once	1115
a week for two weeks immediately preceding the hearings. The board	1116
shall make available proposed regulations or amendments to the	1117
public at the office of the board.	1118

(C) Regulations or amendments adopted by the board are	1119
effective thirty days after the date of adoption unless, within	1120
thirty days after the adoption of the regulations or amendments,	1121
the township clerkfiscal officer receives a petition, signed by a	1122
number of qualified electors residing in the unincorporated area	1123
of the township equal to not less than ten per cent of the total	1124
vote cast for all candidates for governor in the area at the most	1125
recent general election at which a governor was elected,	1126
requesting the board to submit the regulations or amendments to	1127
the electors of the area for approval or rejection at the next	1128
primary or general election occurring at least seventy-five days	1129
after the board receives the petition.	1130

No regulation or amendment for which the referendum vote has	1131
been requested is effective unless a majority of the vote cast on	1132
the issue is in favor of the regulation or amendment. Upon	1133
certification by the board of elections that a majority of the	1134
votes cast on the issue was in favor of the regulation or	1135
amendment, the regulation or amendment takes immediate effect.	1136

(D) The board shall make available regulations it adopts or	1137
amends to the public at the office of the board and shall cause to	1138
be published a notice of the availability of the regulations in at	1139
least one newspaper of general circulation in the township within	1140
ten days after their adoption or amendment.	1141

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	1142
shall be construed to allow a board of township trustees to	1143
regulate the practice of any limited branch of medicine specified	1144
in section 4731.15 of the Revised Code or the practice of	1145
providing therapeutic massage by a licensed physician, a licensed	1146
chiropractor, a licensed podiatrist, a licensed nurse, or any	1147
other licensed health professional. As used in this division,	1148
"licensed" means licensed, certified, or registered to practice in	1149
this state.	1150

Sec. 503.52.  (A) A board of township trustees, by	1151
resolution, may regulate and require the registration of adult	1152
cabarets within the unincorporated territory of the township. In	1153
accordance with sections 503.51 to 503.59 of the Revised Code, for	1154
that purpose, the board, by a majority vote of all members, may	1155
adopt, amend, administer, and enforce regulations within the	1156
unincorporated territory of the township.	1157

(B) A board may adopt regulations and amendments under this	1158
section only after public hearing at not fewer than two regular	1159
sessions of the board. The board shall cause to be published in at	1160
least one newspaper of general circulation in the township notice	1161
of the public hearings, including the time, date, and place, once	1162
a week for two weeks immediately preceding the hearings. The board	1163
shall make available proposed regulations or amendments to the	1164
public at the office of the board.	1165

(C) Regulations or amendments adopted by the board are	1166
effective thirty days after the date of adoption unless, within	1167
thirty days after the adoption of the regulations or amendments,	1168
the township clerkfiscal officer receives a petition, signed by a	1169
number of qualified electors residing in the unincorporated area	1170
of the township equal to not less than ten per cent of the total	1171
number of votes cast in that area for all candidates for the	1172
office of governor at the most recent general election for that	1173
office, requesting the board to submit the regulations or	1174
amendments to the electors of the area for approval or rejection	1175
at the next primary or general election occurring at least	1176
seventy-five days after the board receives the petition.	1177

No regulation or amendment for which the referendum vote has	1178
been requested is effective unless a majority of the votes cast on	1179
the issue is in favor of the regulation or amendment. Upon	1180
certification by the board of elections that a majority of the	1181
votes cast on the issue was in favor of the regulation or	1182
amendment, the regulation or amendment takes immediate effect.	1183

(D) The board shall make available regulations it adopts or	1184
amends to the public at the office of the board and shall cause to	1185
be published a notice of the availability of the regulations in at	1186
least one newspaper of general circulation in the township within	1187
ten days after their adoption or amendment.	1188

Sec. 504.06.  (A) Peace officers serving the township	1189
pursuant to section 504.16 of the Revised Code may issue citations	1190
to persons who violate township resolutions adopted pursuant to	1191
this chapter. Each such citation shall contain provisions that:	1192

(1) Advise the person upon whom it is served that the person	1193
must answer in relation to the violation charged in the citation	1194
within fourteen days after the citation is served upon himthe	1195
person;	1196

(2) Indicate the allowable answers that may be made and that	1197
the person will be afforded a court hearing if hethe person	1198
denies in histhe person's answer that hehaving committed the	1199
violation;	1200

(3) Specify that the answer must be made in person or by mail	1201
to the township clerkfiscal officer;	1202

(4) Indicate the amount of the fine that arises from the	1203
violation.	1204

(B) A peace officer who issues a citation for a violation of	1205
a township resolution shall complete the citation by identifying	1206
the violation charged and by indicating the date, time, and place	1207
of the violation charged. The officer shall sign the citation,	1208
affirm the facts that it contains, and without unnecessary delay	1209
file the original citation with the court having jurisdiction over	1210
the violation. A copy of a citation issued pursuant to this	1211
section shall be served pursuant to the Rules of Civil Procedure	1212
upon the person who violated the resolution. No peace officer is	1213
entitled to receive witness fees in a cause prosecuted under a	1214
township resolution adopted pursuant to this chapter.	1215

Sec. 504.07.  (A)(1) A person who is served with a citation	1216
pursuant to division (B) of section 504.06 of the Revised Code	1217
shall answer the charge by personal appearance before, or by mail	1218
addressed to, the township clerkfiscal officer, who shall	1219
immediately notify the township law director. An answer shall be	1220
made within fourteen days after the citation is served upon the	1221
person and shall be in one of the following forms:	1222

(a) An admission that the person committed the violation, by	1223
payment of any fine arising from the violation. Payment of a fine	1224
pursuant to division (A)(1)(a) of this section shall be payable to	1225
the clerkfiscal officer of the township and deposited by the	1226
clerkfiscal officer into the township general fund.	1227

(b) A denial that the person committed the violation.

1228

(2) Whenever a person pays a fine pursuant to division	1229
(A)(1)(a) of this section or whenever a person answers by denying	1230
the violation or does not submit payment of the fine within the	1231
time required by division (A)(1) of this section, the township	1232
clerkfiscal officer shall notify the court having jurisdiction	1233
over the violation.	1234

(B) If a person answers by denying the violation or does not	1235
submit payment of the fine within the time required by division	1236
(A)(1) of this section, the court having jurisdiction over the	1237
violation shall, upon receiving the notification required by	1238
division (A)(2) of this section, schedule a hearing on the	1239
violation and send notice of the date and time of the hearing to	1240
the person charged with the violation and to the township law	1241
director. If the person charged with the violation fails to appear	1242
for the scheduled hearing, the court may hold himthe person in	1243
contempt, or issue a summons or a warrant for histhe person's	1244
arrest pursuant to Criminal Rule 4. If the court issues a summons	1245
and the person charged with the violation fails to appear, the	1246
court may enter a default judgment against the person and require	1247
himthe person to pay the fine arising from the violation.	1248

(C) The court shall hold the scheduled hearing in accordance	1249
with the Rules of Civil Procedure and the rules of the court, and	1250
shall determine whether the township has established, by a	1251
preponderance of the evidence, that the person committed the	1252
violation. If the court determines that the person committed the	1253
violation, it shall enter a judgment against the person requiring	1254
himthe person to pay the fine arising from the violation.	1255

If the court determines that the township has not	1256
established, by a preponderance of the evidence, that the person	1257
committed the violation, the court shall enter judgment against	1258
the township whose resolution allegedly was violated, shall	1259
dismiss the charge of the violation against the person, and shall	1260
assess costs against the township.	1261

(D) Payment of any judgment or default judgment entered	1262
against a person pursuant to this section shall be made to the	1263
clerk of the court that entered the judgment, within ten days	1264
after the date of entry. All money paid in satisfaction of a	1265
judgment or default judgment shall be disbursed by the clerk as	1266
required by law, and the clerk shall enter the fact of payment of	1267
the money and its disbursement in the records of the court. If	1268
payment of a judgment or default judgment is not made within this	1269
time period, execution may be levied, and such other measures may	1270
be taken for its collection as are authorized for the collection	1271
of an unpaid money judgment in a civil action rendered in that	1272
court. The municipal or county court shall assess costs against	1273
the judgment debtor, to be paid upon satisfaction of the judgment.	1274

(E) Any person against whom a judgment or default judgment is	1275
entered pursuant to this section and any township against which a	1276
judgment is entered pursuant to this section may appeal the	1277
judgment or default judgment to the court of appeals within whose	1278
territorial jurisdiction the resolution allegedly was violated. An	1279
appeal shall be made by filing a notice of appeal with the trial	1280
court and with the court of appeals within thirty days after the	1281
entry of judgment by the trial court and by the payment of such	1282
reasonable costs as the court requires. Upon the filing of an	1283
appeal, the court shall schedule a hearing date and notify the	1284
parties of the date, time, and place of the hearing. The hearing	1285
shall be held by the court in accordance with the rules of the	1286
court. Service of a notice of appeal under this division does not	1287
stay enforcement and collection of the judgment or default	1288
judgment from which appeal is taken by the person unless the	1289
person who files the appeal posts bond with the trial court, in	1290
the amount of the judgment, plus court costs, at or before service	1291
of the notice of appeal.	1292

Notwithstanding any other provision of law, the judgment on	1293
appeal of the court of appeals is final.	1294

Sec. 504.11.  (A) The vote on the question of passage of a	1295
resolution provided for in section 504.10 of the Revised Code or a	1296
motion related to that resolution shall be taken by yeas and nays	1297
and entered on the journal, and the resolution or motion shall not	1298
be passed without concurrence of a majority of all members of the	1299
board of township trustees, except that each emergency resolution	1300
under that section shall require the affirmative vote of all of	1301
the members of the board for its enactment. If an emergency	1302
resolution fails to receive the required vote for passage as an	1303
emergency measure but receives the necessary majority for passage	1304
as a nonemergency resolution, it shall be considered passed as a	1305
nonemergency resolution. Except as otherwise provided in division	1306
(B) of this section, a resolution shall become effective thirty	1307
days after it is filed with the township clerkfiscal officer.	1308
Each emergency resolution shall determine that the resolution is	1309
necessary for the immediate preservation of the public peace,	1310
health, safety, or welfare and shall contain a statement of the	1311
necessity for the emergency. Each resolution shall be	1312
authenticated by the signature of the township clerkfiscal	1313
officer, but the failure or refusal of the clerkfiscal officer to	1314
sign a resolution shall not invalidate an otherwise properly	1315
enacted resolution.	1316

(B) Each resolution appropriating money, submitting a	1317
question to the electorate, determining to proceed with an	1318
election, or providing for the approval of a revision,	1319
codification, recodification, or rearrangement of resolutions, or	1320
publication of resolutions in book form, and any emergency	1321
resolution, shall take effect, unless a later time is specified in	1322
the resolution, ten days after it is filed with the township clerk	1323
fiscal officer.	1324

(C) Each resolution shall be recorded in a book, or other	1325
record prescribed by the board, established and maintained for	1326
that purpose. The township clerkfiscal officer or a duly	1327
authorized deputy to the clerkfiscal officer shall, upon the	1328
request of any person and upon the payment of a fee established by	1329
the board, certify true copies of any resolution, and these	1330
certified copies shall be admissible as evidence in any court.	1331

(D) The procedures provided in this section apply only to	1332
resolutions adopted pursuant to a township's limited home rule	1333
powers as authorized by this chapter.	1334

Sec. 504.12.  No resolution and no section or numbered or	1335
lettered division of a section shall be revised or amended unless	1336
the new resolution contains the entire resolution, section, or	1337
division as revised or amended, and the resolution, section, or	1338
division so amended shall be repealed. This requirement does not	1339
prevent the amendment of a resolution by the addition of a new	1340
section, or division, and in this case the full text of the former	1341
resolution need not be set forth, nor does this section prevent	1342
repeals by implication. Except in the case of a codification or	1343
recodification of resolutions, a separate vote shall be taken on	1344
each resolution proposed to be amended. Resolutions that have been	1345
introduced and have received their first reading or their first	1346
and second readings, but have not been voted on for passage, may	1347
be amended or revised by a majority vote of the members of the	1348
board of township trustees, and the amended or revised resolution	1349
need not receive additional readings.	1350

The board of township trustees of a limited home rule	1351
township may revise, codify, and publish in book form the	1352
resolutions of the township in the same manner as provided in	1353
section 731.23 of the Revised Code for municipal corporations.	1354
Resolutions adopted by the board shall be published in the same	1355
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	1356
731.26 of the Revised Code for municipal corporations, except that	1357
they shall be published in newspapers circulating within the	1358
township. The clerkfiscal officer of the township shall perform	1359
the duties that the clerk of the legislative authority of a	1360
municipal corporation is required to perform under those sections.	1361

The procedures provided in this section apply only to	1362
resolutions adopted pursuant to a township's limited home rule	1363
powers as authorized by this chapter.	1364

Sec. 504.14.  In a township that adopts a limited home rule	1365
government, resolutions may be proposed by initiative petition by	1366
the electors in the unincorporated area of the township and	1367
adopted by election by these electors, and resolutions adopted by	1368
the board of township trustees may be submitted to these electors	1369
for their approval or rejection by referendum, under the same	1370
circumstances and in the same manner as provided by sections	1371
731.28 to 731.40 of the Revised Code for municipal corporations,	1372
except that both of the following apply:	1373

(A) Initiative and referendum petitions shall be filed with	1374
the township clerkfiscal officer, who shall perform the duties	1375
imposed under those sections upon the city auditor or village	1376
clerk.	1377

(B) Initiative and referendum petitions shall contain the	1378
signatures of not less than ten per cent of the total number of	1379
electors in the unincorporated area of the township who voted for	1380
the office of governor at the most recent general election for	1381
that office in that area of the township.	1382

Sec. 504.19.  (A) The board of township trustees may prepare	1383
and adopt a general plan of water supply or sewer services. After	1384
the general plan has been approved by the board, the board	1385
immediately shall notify the board of county commissioners if	1386
territory served by a county water supply facility or a county	1387
sewer district includes territory to be covered by the plan, the	1388
legislative authority of a municipal corporation that operates a	1389
water supply or sewer system in any of the territory to be covered	1390
by the plan, and the board of trustees of any existing regional	1391
water and sewer district that includes any territory to be covered	1392
by the plan, of the township's intention to provide water supply	1393
or sewer services and shall describe the area where the township	1394
proposes to provide water supply or sewer services. The notified	1395
board of county commissioners, legislative authority of a	1396
municipal corporation, and board of trustees of the regional water	1397
and sewer district then have thirty days from the date of	1398
notification to comment and object in writing to the township's	1399
provision of water supply or sewer services. An objection may be	1400
based on one or more of the following:	1401

(1) The county, municipal corporation, or special district	1402
already provides the proposed water supply or sewer services to	1403
the area to be served.	1404

(2) The county, municipal corporation, or special district	1405
has in its service plan provisions to provide the proposed water	1406
supply or sewer services in the future to the proposed area within	1407
a reasonable period of time.	1408

Within fifteen days after receiving objections, the board of	1409
township trustees may request in writing submitted to the	1410
objecting party that the issue of the township's provision of the	1411
proposed water supply or sewer services be mediated. The mediation	1412
shall be performed either by the Ohio commission on dispute	1413
resolution and conflict management or by having each party select	1414
a mediator and having those two mediators select a third mediator	1415
who, together with the other two mediators, shall conduct the	1416
mediation.	1417

Within forty-five days after the request for mediation is	1418
submitted, any mediation shall be completed, and any agreements	1419
reached between the parties shall be filed in writing with the	1420
parties. Thereafter, the respective governing boards may adopt the	1421
agreements, making those agreements binding on the parties, or, if	1422
one or more of the agreed-upon points is rejected, that rejection	1423
shall be considered a final decision of a governing board for	1424
purposes of Chapter 2506. of the Revised Code, and the board of	1425
township trustees may file an appeal under that chapter regarding	1426
its provision of the proposed water supply or sewer services. In	1427
addition to any findings of the court provided in section 2506.04	1428
of the Revised Code, the court may determine that the county,	1429
municipal corporation, or special district has not met the	1430
criteria specified in divisions (A)(1) and (2) of this section	1431
and, therefore, the township may provide its proposed water supply	1432
or sewer services or, in the alternative, may determine that the	1433
township could provide the proposed water supply or sewer services	1434
more expediently than the county, municipal corporation, or	1435
special district with no substantial increase in cost to the users	1436
of the water supply or sewer services and, therefore, order that	1437
the township may provide its proposed water supply or sewer	1438
services.	1439

(B) Once the board has approved a general plan of water	1440
supply or sewer services under division (A) of this section, the	1441
board shall hire an engineer to prepare detailed plans,	1442
specifications, and estimates of the cost of the improvements,	1443
together with a tentative assessment of the cost based on the	1444
estimates. The tentative assessment shall be for the information	1445
of property owners and shall not be certified to the county	1446
auditor for collection. The detailed plans, specifications,	1447
estimates of cost, and tentative assessment, as prepared by the	1448
engineer and approved by the board, shall be preserved in the	1449
office of the board and shall be open to inspection of all persons	1450
interested in the improvements.	1451

(C) Once it has been determined under division (A) of this	1452
section that a township may provide its proposed water supply or	1453
sewer services, the board may appropriate for the use of the	1454
township any public or private land, easement, rights,	1455
rights-of-way, franchises, or other property within or outside the	1456
township required by it for the accomplishment of its purposes.	1457
Except as provided in division (D) of this section, the	1458
appropriation shall be according to the procedure set forth in	1459
sections 163.01 to 163.22 of the Revised Code. The engineer hired	1460
by the board may enter upon any public or private property for the	1461
purpose of making surveys and examinations necessary for the	1462
design or examination of water supply or sewer facilities. No	1463
person shall forbid or interfere with the engineer or the	1464
engineer's authorized assistants entering upon property for these	1465
purposes. If actual damage is done to property by the making of a	1466
survey and examination, the board shall pay the reasonable value	1467
of the damage to the owner of the property damaged, and the cost	1468
shall be included in the assessment upon the property benefited by	1469
the improvement.	1470

(D)(1) For purposes of this division, either of the following	1471
constitutes a public exigency:	1472

(a) A finding by the director of environmental protection	1473
that a public health nuisance caused by an occasion of unavoidable	1474
urgency and suddenness due to unsanitary conditions compels the	1475
immediate construction of sewers for the protection of the public	1476
health and welfare;	1477

(b) The issuance of an order by the board of health of a	1478
health district to mitigate or abate a public health nuisance that	1479
is caused by an occasion of unavoidable urgency and suddenness due	1480
to unsanitary conditions and compels the immediate construction of	1481
sewers for the protection of the public health and welfare.	1482

(2) If a board of township trustees of a township that has	1483
adopted a limited home rule government is unable to purchase	1484
property for the purpose of the construction of sewers to mitigate	1485
or abate the public health nuisance that is the subject of a	1486
finding of the director or an order of the board of health, the	1487
board of township trustees may adopt a resolution finding that it	1488
is necessary for the protection of the public health and welfare	1489
to appropriate property that the board considers needed for that	1490
purpose. The resolution shall contain a definite, accurate, and	1491
detailed description of the property and the name and place of	1492
residence, if known or with reasonable diligence ascertainable, of	1493
the owners of the property to be appropriated.	1494

The board of township trustees shall fix in its resolution	1495
what it considers to be the value of the property to be	1496
appropriated, which shall be the board's determination of the	1497
compensation for the property and shall be supported by an	1498
independent appraisal, together with any damages to the residue.	1499
The board shall deposit the compensation so determined, together	1500
with an amount for the damages to the residue, with the probate	1501
court or the court of common pleas of the county in which the	1502
property, or a part of it, is situated. Except as otherwise	1503
provided in this division, the power to appropriate property for	1504
the purposes of this division shall be exercised in the manner	1505
provided in sections 163.01 and 163.22 of the Revised Code for an	1506
appropriation in time of public exigency. The board's resolution	1507
and a written copy of the independent appraisal shall accompany	1508
the petition filed under section 163.05 of the Revised Code.	1509

(E) As soon as all questions of compensation and damages have	1510
been determined for any water supply facilities or sewer services	1511
improvement project, the board shall cause to be made an estimated	1512
assessment, upon the lots and lands to be assessed, of such part	1513
of the compensation, damages, and costs of the improvement as is	1514
to be specially assessed according to the method specified by	1515
resolution of the board. The schedule of the assessments shall be	1516
filed with the township clerkfiscal officer for the inspection of	1517
interested persons. Before adopting the estimated assessment, the	1518
board shall cause written notice to be sent to the owners of all	1519
lots and lands to be assessed that the assessment has been made	1520
and is on file with the township clerkfiscal officer, and the	1521
date when objections to the assessment will be heard. Objections	1522
shall be filed in writing with the board before the date of the	1523
hearing. If any objections are filed, the board shall hear them	1524
and act as an equalizing board, and may change the assessments if,	1525
in its opinion, any change is necessary to make the assessments	1526
just and equitable. The board shall adopt a resolution approving	1527
and confirming the assessments as reported to or modified by the	1528
board.	1529

(F) The resolution levying the assessments shall apportion	1530
the cost among the benefited lots and lands in the manner provided	1531
by the board by resolution. The board shall certify the amounts to	1532
be levied upon each lot or parcel of land to the county auditor,	1533
who shall enter the amounts on the tax duplicate, to be collected	1534
as other taxes. The principal shall be payable in not more than	1535
forty semiannual installments, as determined by the board. Any	1536
assessment in the amount of twenty-five dollars or less, or of	1537
which the unpaid balance is twenty-five dollars or less, shall be	1538
paid in full and not in installments, at the time the first or	1539
next installment otherwise would become due and payable.	1540
Assessments are a lien upon the respective lots or parcels of land	1541
assessed from the date of adoption of the resolution under	1542
division (E) of this section. If bonds are issued to pay the	1543
compensation, damages, and the costs of an improvement, the	1544
principal amount of the assessment shall be payable in such number	1545
of semiannual installments and in such amounts as the board	1546
determines to be necessary to provide a fund for the payment of	1547
the principal of and interest on the bonds and shall bear interest	1548
from the date of the issuance of the bonds and at the same rate as	1549
the bonds.	1550

(G) Any owner of property to be assessed for any water supply	1551
facilities or sewer services improvement project, or other person	1552
aggrieved by the action of the board in regard to any water supply	1553
facilities or sewer services improvement project, may appeal to	1554
the court of common pleas, in the manner prescribed by Chapter	1555
2506. of the Revised Code.	1556

(H) When collected, the assessments shall be paid by the	1557
county auditor by warrant of the county treasurer into a special	1558
fund in the township treasury created for the purpose of	1559
constructing, improving, maintaining, and operating water supply	1560
facilities or sewer improvements. The board may expend moneys from	1561
the fund only for the purposes for which the assessments were	1562
levied.	1563

Sec. 504.20.  (A) For the purpose of supplying water and	1564
providing sewer services to users within the unincorporated area	1565
of the township under a plan adopted pursuant to section 504.19 of	1566
the Revised Code, the board of township trustees by resolution may	1567
acquire, construct, maintain, improve, repair, operate, and pay	1568
all or any part of the costs of water supply facilities or sewer	1569
improvements. If the best interests of the township and the users	1570
of the water supply facilities or sewer services so require, the	1571
board may sell or otherwise dispose of a water supply facility or	1572
sewer improvement.	1573

(B) To cover the costs of acquiring, constructing,	1574
maintaining, improving, repairing, or operating a water supply	1575
facility or sewer improvement, the board may issue general	1576
obligation bonds of the township in accordance with Chapter 133.	1577
of the Revised Code, for which the full faith and credit of the	1578
township shall be pledged.	1579

(C) For the purpose of paying costs of constructing or	1580
otherwise improving a water supply facility or sewer improvement	1581
and paying debt service charges on voted or unvoted securities of	1582
the township issued for those purposes, and for paying costs of	1583
operating, repairing, and maintaining a water supply facility or	1584
sewer improvement, the board may charge, alter, and collect rents	1585
and other charges for the use of services of a water supply	1586
facility or sewer improvement, which rents and charges if not paid	1587
when due may be certified by the township clerkfiscal officer to	1588
the county auditor, who shall place the same on the tax duplicate	1589
to be collected as other taxes. Those rents and charges are a lien	1590
on the property served from and after the date of entry by the	1591
county auditor on the tax duplicate.	1592

(D) The costs of constructing or otherwise improving a water	1593
supply facility or sewer improvement may include any of the	1594
following:	1595

(1) The purchase price of real estate or any interest in real	1596
estate;	1597

(2) The cost of preliminary and other surveys;

1598

(3) The cost of preparing plans, specifications, profiles,	1599
and estimates;	1600

(4) The cost of printing, serving, and publishing notices and	1601
any required legislation;	1602

(5) The cost of all special proceedings;

1603

(6) The cost of labor and material, whether furnished by	1604
contract or otherwise;	1605

(7) Interest on bonds or notes issued in anticipation of the	1606
levy or collection of special assessments;	1607

(8) The total amount of damages resulting from the project	1608
that are assessed in favor of any owners of lands affected by the	1609
project and any interest on those damages;	1610

(9) The cost incurred in connection with the preparation,	1611
levy, and collection of the special assessments, including legal	1612
expenses incurred by reason of the project;	1613

(10) All contract construction costs;

1614

(11) Incidental costs connected with the project.

1615

(E) The board may adopt, amend, rescind, publish, administer,	1616
and enforce rules for the construction, maintenance, operation,	1617
protection, and use of water supply facilities and sewer services,	1618
that are considered necessary and advisable. The rules shall not	1619
be inconsistent with the laws of the state or the rules of the	1620
environmental protection agency. The board may enforce the rules	1621
by mandamus, injunction, or other legal remedy.	1622

Sec. 505.03.  Whenever hethe judge deems it necessary, and	1623
on application of at least twelve freeholders of the township, the	1624
judge of the county or municipal court or municipal judge having	1625
jurisdiction in the township who approves the bond may require	1626
additional security or the execution of a new bond. If a trustee	1627
fails, for ten days, to give additional security or execute a new	1628
bond after service of suchthe notice in writing, the office shall	1629
be declared vacant and filled as required by section 503.24 of the	1630
Revised Code. SuchThe original bond or new bond shall be	1631
deposited with the township clerkfiscal officer and recorded by	1632
himthe fiscal officer.	1633

Sec. 505.04.  The board of township trustees shall make an	1634
inventory on the second Monday of January, each year, of all the	1635
materials, machinery, tools, and other township supplies in its	1636
possession. SuchThe inventory shall be a public record and shall	1637
be made in duplicate, one copy of which shall be filed with the	1638
clerkfiscal officer of the board and one copy with the county	1639
engineer.	1640

Sec. 505.07. Notwithstanding any contrary provision in	1641
another section of the Revised Code, section 519.12 of the Revised	1642
Code, or any vote of the electors on a petition for zoning	1643
referendum, a township may settle any court action by a consent	1644
decree or court-approved settlement agreement which may include an	1645
agreement to rezone any property involved in the action as	1646
provided in the decree or court-approved settlement agreement	1647
without following the procedures in section 519.12 of the Revised	1648
Code and also may include township approval of a development plan	1649
for any property involved in the action as provided in the decree	1650
or court-approved settlement agreement, provided that the court	1651
makes specific findings of fact that notice has been properly made	1652
pursuant to this section and the consent decree or court-approved	1653
settlement agreement is fair and reasonable.	1654

If the subject of the consent decree or court-approved	1655
settlement agreement involves a zoning issue subject to referendum	1656
under section 519.12 of the Revised Code, the board of township	1657
trustees shall publish notice of their intent to meet and consider	1658
and take action on the decree or court-approved settlement	1659
agreement and the date and time of the meeting in a newspaper of	1660
general circulation in the township at least fifteen days before	1661
the meeting. The board shall permit members of the public to	1662
express their objections to the consent decree or court-approved	1663
settlement agreement at the meeting. Copies of the proposed	1664
consent decree or court-approved settlement agreement shall be	1665
available to the public at the township clerk'sfiscal officer's	1666
office during normal business hours.	1667

At least ten days prior to the submission of a proposed	1668
consent decree or settlement agreement to the court for its review	1669
and consideration, the plaintiff in the action involving the	1670
consent decree or settlement agreement shall publish a notice that	1671
shall include the caption of the case, the case number, and the	1672
court in which the consent decree or settlement agreement will be	1673
filed, the intention of the parties in the action to file a	1674
consent decree or settlement agreement, and, when applicable, a	1675
description of the real property involved and the proposed change	1676
in zoning or permitted use, in a newspaper of general circulation	1677
in the township.	1678

Sec. 505.108.  Except as otherwise provided in this section	1679
and unless the property involved is required to be disposed of	1680
pursuant to another section of the Revised Code, property that is	1681
unclaimed for ninety days or more shall be sold by the chief of	1682
police or other head of the organized police department of the	1683
township, township police district, joint township police	1684
district, or office of a township constable at public auction,	1685
after notice of the sale has been provided by publication once a	1686
week for three successive weeks in a newspaper of general	1687
circulation in the county, or counties, if appropriate, in the	1688
case of a joint township police district. The proceeds of the sale	1689
shall be paid to the clerkfiscal officer of the township and	1690
credited to the township general fund, except that, in the case of	1691
a joint township police district, the proceeds of a sale shall be	1692
paid to the clerkfiscal officer of the most populous	1693
participating township and credited to the appropriate township	1694
general fund or funds according to agreement of the participating	1695
townships.	1696

If authorized to do so by a resolution adopted by the board	1697
of township trustees or, in the case of a joint township police	1698
district, each participating board of township trustees, and if	1699
the property involved is not required to be disposed of pursuant	1700
to another section of the Revised Code, the head of the	1701
department, district, or office may contribute property that is	1702
unclaimed for ninety days or more to one or more public agencies,	1703
to one or more nonprofit organizations no part of the net income	1704
of which inures to the benefit of any private shareholder or	1705
individual and no substantial part of the activities of which	1706
consists of carrying on propaganda or otherwise attempting to	1707
influence legislation, or to one or more organizations satisfying	1708
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.	1709

Sec. 505.11.  (A) Whenever the provisions of division (B) of	1710
this section do not apply, and when, in its opinion, the township	1711
would be benefited, the board of township trustees may lease	1712
township real property to any person upon terms agreed upon by the	1713
board and the lessee. Any consideration received from such athe	1714
lease shall be payable, as prescribed in the lease, to the	1715
township clerkfiscal officer, who shall give a receipt for the	1716
amount received and deposit it in the township general fund.	1717

(B) When, in its opinion, the township would be benefited,	1718
the board of township trustees may execute and deliver contracts	1719
or leases to mine iron ore, stone, coal, petroleum, gas, salt, and	1720
other minerals upon lands owned by the township, to any person	1721
complying with the terms prescribed by the board as to	1722
consideration, rights of way, and occupancy of ground for	1723
necessary purposes. All other matters of contract shall be such as	1724
the board considers most advantageous to the township. SuchThe	1725
contracts or leases shall be forfeited to the township for	1726
noncompliance with any of the terms set forth in the contracts or	1727
leases, and shall not operate as a conveyance of the fee to any	1728
part of the realty. No contract or lease for the drilling or	1729
operation of a petroleum or gas well shall be valid for a longer	1730
term than forty years from the date of the contract or lease, and	1731
no contract or lease for the mining of iron ore, stone, coal,	1732
salt, or other minerals shall be valid for a longer term than	1733
fifteen years from that date. The consideration for the contracts	1734
and leases shall be such rental or royalty as is prescribed by the	1735
board, and shall be payable, as prescribed in the contract or	1736
lease, at least once a year to the township clerkfiscal officer,	1737
who shall give a receipt for suchthe amount and deposit it in the	1738
township general fund.	1739

Sec. 505.17.  (A) Except in a township or portion thereofof	1740
a township that is within the limits of a municipal corporation,	1741
the board of township trustees may make such regulations and	1742
orders as are necessary to control passenger car, motorcycle, and	1743
internal combustion engine noise, as permitted under section	1744
4513.221 of the Revised Code, and all vehicle parking in the	1745
township. This authorization includes, among other powers, the	1746
power to regulate parking on established roadways proximate to	1747
buildings on private property as necessary to provide access to	1748
the property by public safety vehicles and equipment, if the	1749
property is used for commercial purposes, the public is permitted	1750
to use suchthe parking area, and accommodation for more than ten	1751
motor vehicles is provided, and the power to authorize the	1752
issuance of orders limiting or prohibiting parking on any township	1753
street or highway during a snow emergency declared pursuant to a	1754
snow-emergency authorization adopted under this division. All such	1755
regulations and orders shall be subject to the limitations,	1756
restrictions, and exceptions in sections 4511.01 to 4511.76 and	1757
4513.02 to 4513.37 of the Revised Code.	1758

A board of township trustees may adopt a general	1759
snow-emergency authorization, which becomes effective under	1760
division (B)(1) of this section, allowing the president of the	1761
board or some other person specified in the authorization to issue	1762
an order declaring a snow emergency and limiting or prohibiting	1763
parking on any township street or highway during the snow	1764
emergency. Any such order becomes effective under division (B)(2)	1765
of this section. Each general snow-emergency authorization adopted	1766
under this division shall specify the weather conditions under	1767
which a snow emergency may be declared in that township.	1768

(B)(1) All regulations and orders, including any	1769
snow-emergency authorization established by the board under this	1770
section, except for an order declaring a snow emergency as	1771
provided in division (B)(2) of this section, shall be posted by	1772
the township clerkfiscal officer in five conspicuous public	1773
places in the township for thirty days before becoming effective,	1774
and shall be published in a newspaper of general circulation in	1775
the township for three consecutive weeks. In addition to these	1776
requirements, no general snow-emergency authorization shall become	1777
effective until permanent signs giving notice that parking is	1778
limited or prohibited during a snow emergency are properly posted,	1779
in accordance with any applicable standards adopted by the	1780
department of transportation, along streets or highways specified	1781
in the authorization.	1782

(2) Pursuant to the adoption of a snow-emergency	1783
authorization under this section, an order declaring a snow	1784
emergency becomes effective two hours after the president of the	1785
board or the other person specified in the general snow-emergency	1786
authorization makes an announcement of a snow emergency to the	1787
local news media. The president or other specified person shall	1788
request the local news media to announce that a snow emergency has	1789
been declared, the time the declaration will go into effect, and	1790
whether the snow emergency will remain in effect for a specified	1791
period of time or indefinitely until canceled by a subsequent	1792
announcement to the local news media by the president or other	1793
specified person.	1794

(C) Such regulations and orders may be enforced where traffic	1795
control devices conforming to section 4511.09 of the Revised Code	1796
are prominently displayed. Parking regulations authorized by this	1797
section do not apply to any state highway unless the parking	1798
regulations are approved by the director of transportation.	1799

(D) A board of township trustees or its designated agent may	1800
order into storage any vehicle parked in violation of a township	1801
parking regulation or order, if the violation is not one that is	1802
required to be handled pursuant to Chapter 4521. of the Revised	1803
Code. The owner or any lienholder of a vehicle ordered into	1804
storage may claim the vehicle upon presentation of proof of	1805
ownership, which may be evidenced by a certificate of title to the	1806
vehicle, and payment of all expenses, charges, and fines incurred	1807
as a result of the parking violation and removal and storage of	1808
the vehicle.	1809

(E) Whoever violates any regulation or order adopted pursuant	1810
to this section is guilty of a minor misdemeanor, unless the	1811
township has enacted a regulation pursuant to division (A) of	1812
section 4521.02 of the Revised Code, that specifies that the	1813
violation shall not be considered a criminal offense and shall be	1814
handled pursuant to Chapter 4521. of the Revised Code. Fines	1815
levied and collected under this section shall be paid into the	1816
township general revenue fund.	1817

Sec. 505.24.  Each township trustee is entitled to	1818
compensation as follows:	1819

(A) Except as otherwise provided in division (B) of this	1820
section, an amount for each day of service in the business of the	1821
township, to be paid from the township treasury as follows:	1822

(1) In townships having a budget of fifty thousand dollars or	1823
less, twenty dollars per day for not more than two hundred days;	1824

(2) In townships having a budget of more than fifty thousand	1825
but not more than one hundred thousand dollars, twenty-four	1826
dollars per day for not more than two hundred days;	1827

(3) In townships having a budget of more than one hundred	1828
thousand but not more than two hundred fifty thousand dollars,	1829
twenty-eight dollars and fifty cents per day for not more than two	1830
hundred days;	1831

(4) In townships having a budget of more than two hundred	1832
fifty thousand but not more than five hundred thousand dollars,	1833
thirty-three dollars per day for not more than two hundred days;	1834

(5) In townships having a budget of more than five hundred	1835
thousand but not more than seven hundred fifty thousand dollars,	1836
thirty-five dollars per day for not more than two hundred days;	1837

(6) In townships having a budget of more than seven hundred	1838
fifty thousand but not more than one million five hundred thousand	1839
dollars, forty dollars per day for not more than two hundred days;	1840

(7) In townships having a budget of more than one million	1841
five hundred thousand but not more than three million five hundred	1842
thousand dollars, forty-four dollars per day for not more than two	1843
hundred days;	1844

(8) In townships having a budget of more than three million	1845
five hundred thousand dollars but not more than six million	1846
dollars, forty-eight dollars per day for not more than two hundred	1847
days;	1848

(9) In townships having a budget of more than six million	1849
dollars, fifty-two dollars per day for not more than two hundred	1850
days.	1851

(B) Beginning in calendar year 1999, the amounts paid as	1852
specified in division (A) of this section shall be replaced by the	1853
following amounts:	1854

(1) In calendar year 1999, the amounts specified in division	1855
(A) of this section increased by three per cent;	1856

(2) In calendar year 2000, the amounts determined under	1857
division (B)(1) of this section increased by three per cent;	1858

(3) In calendar year 2001, the amounts determined under	1859
division (B)(2) of this section increased by three per cent;	1860

(4) In calendar year 2002, except in townships having a	1861
budget of more than six million dollars, the amounts determined	1862
under division (B)(3) of this section increased by three per cent;	1863
in townships having a budget of more than six million but not more	1864
than ten million dollars, seventy dollars per day for not more	1865
than two hundred days; and in townships having a budget of more	1866
than ten million dollars, ninety dollars per day for not more than	1867
two hundred days;	1868

(5) In calendar years 2003 through 2008, the amounts	1869
determined under division (B) of this section for the immediately	1870
preceding calendar year increased by the lesser of the following:	1871

(a) Three per cent;

1872

(b) The percentage increase, if any, in the consumer price	1873
index over the twelve-month period that ends on the thirtieth day	1874
of September of the immediately preceding calendar year, rounded	1875
to the nearest one-tenth of one per cent;	1876

(6) In calendar year 2009 and thereafter, the amount	1877
determined under division (B) of this section for calendar year	1878
2008.	1879

As used in division (B) of this section, "consumer price	1880
index" has the same meaning as in section 325.18 of the Revised	1881
Code.	1882

(C) Whenever members of a board of township trustees are	1883
compensated per diem and not by annual salary, the board shall	1884
establish, by resolution, a method by which each member of the	1885
board shall periodically notify the township clerkfiscal officer	1886
of the number of days spent in the service of the township and the	1887
kinds of services rendered on those days. The per diem	1888
compensation shall be paid from the township general fund or from	1889
other township funds in such proportions as the kinds of services	1890
performed may require. The notice shall be filed with the township	1891
clerkfiscal officer and preserved for inspection by any persons	1892
interested.	1893

By unanimous vote, a board of township trustees may adopt a	1894
method of compensation consisting of an annual salary to be paid	1895
in equal monthly payments. If the office of trustee is held by	1896
more than one person during any calendar year, each person holding	1897
the office shall receive payments for only those months, and any	1898
fractions of those months, during which the person holds the	1899
office. The amount of the annual salary approved by the board	1900
shall be no more than the maximum amount that could be received	1901
annually by a trustee if the trustee were paid on a per diem basis	1902
as specified in this division, and shall be paid from the township	1903
general fund or from other township funds in such proportions as	1904
the board may specify by resolution. A board of township trustees	1905
that has adopted a salary method of compensation may return to a	1906
method of compensation on a per diem basis as specified in this	1907
division by a majority vote. Any change in the method of	1908
compensation shall be effective on the first day of January of the	1909
year following the year during which the board has voted to change	1910
the method of compensation.	1911

Sec. 505.262.  (A) Notwithstanding division (D) of section	1912
505.37 of the Revised Code or any other statute of this state, the	1913
board of township trustees of any township, by unanimous vote, may	1914
adopt a resolution allowing the township to contract for the	1915
purchase of equipment, buildings, and sites, or for the	1916
construction of buildings, for any lawful township purpose. The	1917
board may issue, by resolution adopted by unanimous vote,	1918
securities of the township to finance purchases and construction	1919
made pursuant to this division. The securities shall be signed by	1920
the board and attested by the signature of the township clerk	1921
fiscal officer, and the maximum maturity of those securities is	1922
subject to the limitations in section 133.20 of the Revised Code.	1923
The securities shall bear interest not to exceed the rate	1924
determined as provided in section 9.95 of the Revised Code and	1925
shall not be subject to Chapter 133. of the Revised Code. The	1926
resolution authorizing the issuance of the securities shall	1927
provide for levying and collecting annually by taxation, amounts	1928
sufficient to pay the interest on and principal of the securities.	1929
The securities may contain a clause permitting prepayment at the	1930
option of the board. Securities shall be offered for sale on the	1931
open market or given to the vendor or contractor if no sale is	1932
made.	1933

(B) No purchase or construction pursuant to division (A) of	1934
this section shall be undertaken unless the county auditor	1935
certifies that, if the purchase or construction is undertaken, the	1936
debt service charge for the purchase or construction in the first	1937
year, together with the debt service charge for that same year for	1938
any other purchase or construction already undertaken pursuant to	1939
division (A) of this section, does not exceed one-tenth of the	1940
township's total revenue from all sources. If the county auditor	1941
so certifies, in every year of the debt after the first year, the	1942
county budget commission shall include a debt charge in the	1943
township's annual tax budget submitted pursuant to sections	1944
5705.01 to 5705.47 of the Revised Code sufficient to meet the	1945
annual debt incurred pursuant to division (A) of this section, if	1946
suchthe debt charge is omitted from the budget.	1947

Sec. 505.31.  (A) Except as otherwise provided in division	1948
(B) of this section, the township clerkfiscal officer shall	1949
collect the service charges for waste disposal service and	1950
administer them under rules established by the board of township	1951
trustees. All of those service charges shall be kept in a separate	1952
fund designated as the waste collection fund and shall be	1953
appropriated and administered by the board. The fund shall be used	1954
for payment of the costs of the management, maintenance, and	1955
operation of the garbage and refuse collection and disposal system	1956
in the township or several waste disposal districts. The board	1957
also may use the fund for payment of the costs incurred by the	1958
township in relation to the collection and disposal of tree	1959
leaves.	1960

Service charges for waste disposal service collected from one	1961
district cannot be used for any other district. If a district is	1962
abandoned or discontinued, any balance remaining in the fund for	1963
that district shall be paid into the general fund of the township.	1964

(B) When a board of township trustees contracts with an	1965
independent contractor for the collection, transfer, and disposal	1966
of solid wastes under section 505.27 of the Revised Code, the	1967
contract may provide for the independent contractor to collect and	1968
keep the service charges for the waste disposal services the	1969
contractor provides.	1970

Sec. 505.32.  For the services arising in each fiscal year	1971
under sections 505.27 to 505.33, inclusive, of the Revised Code,	1972
the township clerkfiscal officer shall be allowed suchthe	1973
compensation as is fixed by the board of township trustees. Such	1974
The compensation shall be paid semiannually, and shall be charged	1975
back, and prorated against each waste disposal district as part of	1976
its operating costs. Any increase required by the board in the	1977
bond of the clerkfiscal officer, and the costs of any necessary	1978
supplies, shall be prorated and charged back to each district.	1979

Sec. 505.33.  Annually, before the first day of October, the	1980
township clerkfiscal officer shall certify to the county auditor	1981
the names of the property owners and a description of their lands	1982
whichthat are delinquent as to waste disposal service charges,	1983
whereupon such. The auditor then shall place the charges on the	1984
tax duplicate for the ensuing December installment of taxes, for	1985
collection.	1986

Sec. 505.35.  All funds arising from the sale of bonds for	1987
the construction or repair of viaducts, or for the purchase or	1988
condemnation of land for suchthat purpose, shall be paid into the	1989
township treasury, and shall be paid out and expended upon the	1990
vouchers of the board of township trustees, or of the officers in	1991
the township having charge of the repair of public roads or	1992
streets.	1993

Contracts for suchthe improvements shall be made in the same	1994
manner as other contracts. Vouchers to pay suchfor the contracts,	1995
or for any portion of the cost of the improvements, shall be drawn	1996
by suchthe board or officers upon the township clerkfiscal	1997
officer, who shall keep an accurate account of moneys so expended,	1998
and the. The funds created by the sale of bonds for viaduct	1999
purposes shall be known as the "viaduct fund."	2000

Sec. 505.37.  (A) The board of township trustees may	2001
establish all necessary rules to guard against the occurrence of	2002
fires and to protect the property and lives of the citizens	2003
against damage and accidents, and may, with the approval of the	2004
specifications by the prosecuting attorney or, if the township has	2005
adopted limited home rule government under Chapter 504. of the	2006
Revised Code, with the approval of the specifications by the	2007
township's law director, purchase, lease, lease with an option to	2008
purchase, or otherwise provide any fire apparatus, mechanical	2009
resuscitators, or other equipment, appliances, materials, fire	2010
hydrants, and water supply for fire-fighting purposes that seems	2011
advisable to the board. The board shall provide for the care and	2012
maintenance of fire equipment, and, for these purposes, may	2013
purchase, lease, lease with an option to purchase, or construct	2014
and maintain necessary buildings, and it may establish and	2015
maintain lines of fire-alarm communications within the limits of	2016
the township. The board may employ one or more persons to maintain	2017
and operate fire-fighting equipment, or it may enter into an	2018
agreement with a volunteer fire company for the use and operation	2019
of fire-fighting equipment. The board may compensate the members	2020
of a volunteer fire company on any basis and in any amount that it	2021
considers equitable.	2022

(B) The boards of township trustees of any two or more	2023
townships, or the legislative authorities of any two or more	2024
political subdivisions, or any combination thereofof these, may,	2025
through joint action, unite in the joint purchase, lease, lease	2026
with an option to purchase, maintenance, use, and operation of	2027
fire-fighting equipment, or for any other purpose designated in	2028
sections 505.37 to 505.42 of the Revised Code, and may prorate the	2029
expense of the joint action on any terms that are mutually agreed	2030
upon.	2031

(C) The board of township trustees of any township may, by	2032
resolution, whenever it is expedient and necessary to guard	2033
against the occurrence of fires or to protect the property and	2034
lives of the citizens against damages resulting from their	2035
occurrence, create a fire district of any portions of the township	2036
that it considers necessary. The board may purchase, lease, lease	2037
with an option to purchase, or otherwise provide any fire	2038
apparatus, appliances, materials, fire hydrants, and water supply	2039
for fire-fighting purposes, or may contract for the fire	2040
protection for the fire district as provided in section 9.60 of	2041
the Revised Code. The fire district so created shall be given a	2042
separate name by which it shall be known.	2043

Additional unincorporated territory of the township may be	2044
added to a fire district upon the board's adoption of a resolution	2045
authorizing the addition. A municipal corporation that is within	2046
or adjoining the township may be added to a fire district upon the	2047
board's adoption of a resolution authorizing the addition and the	2048
municipal legislative authority's adoption of a resolution or	2049
ordinance requesting the addition of the municipal corporation to	2050
the fire district.	2051

If the township fire district imposes a tax, additional	2052
unincorporated territory of the township or a municipal	2053
corporation that is within or adjoining the township shall become	2054
part of the fire district only after all of the following have	2055
occurred:	2056

(1) Adoption by the board of township trustees of a	2057
resolution approving the expansion of the territorial limits of	2058
the district and, if the resolution proposes to add a municipal	2059
corporation, adoption by the municipal legislative authority of a	2060
resolution or ordinance requesting the addition of the municipal	2061
corporation to the district;	2062

(2) Adoption by the board of township trustees of a	2063
resolution recommending the extension of the tax to the additional	2064
territory;	2065

(3) Approval of the tax by the electors of the territory	2066
proposed for addition to the district.	2067

Each resolution of the board adopted under division (C)(2) of	2068
this section shall state the name of the fire district, a	2069
description of the territory to be added, and the rate and	2070
termination date of the tax, which shall be the rate and	2071
termination date of the tax currently in effect in the fire	2072
district.	2073

The board of trustees shall certify each resolution adopted	2074
under division (C)(2) of this section to the board of elections in	2075
accordance with section 5705.19 of the Revised Code. The election	2076
required under division (C)(3) of this section shall be held,	2077
canvassed, and certified in the manner provided for the submission	2078
of tax levies under section 5705.25 of the Revised Code, except	2079
that the question appearing on the ballot shall read:	2080

"Shall the territory within ........................	2081
(description of the proposed territory to be added) be added to	2082
........................ (name) fire district, and a property tax	2083
at a rate of taxation not exceeding ...... (here insert tax rate)	2084
be in effect for .......... (here insert the number of years the	2085
tax is to be in effect or "a continuing period of time," as	2086
applicable)?"	2087

If the question is approved by at least a majority of the	2088
electors voting on it, the joinder shall be effective as of the	2089
first day of July of the year following approval, and on that	2090
date, the township fire district tax shall be extended to the	2091
taxable property within the territory that has been added. If the	2092
territory that has been added is a municipal corporation and if it	2093
had adopted a tax levy for fire purposes, the levy is terminated	2094
on the effective date of the joinder.	2095

Any municipal corporation may withdraw from a township fire	2096
district created under division (C) of this section by the	2097
adoption by the municipal legislative authority of a resolution or	2098
ordinance ordering withdrawal. On the first day of July of the	2099
year following the adoption of the resolution or ordinance of	2100
withdrawal, the municipal corporation withdrawing ceases to be a	2101
part of the district, and the power of the fire district to levy a	2102
tax upon taxable property in the withdrawing municipal corporation	2103
terminates, except that the fire district shall continue to levy	2104
and collect taxes for the payment of indebtedness within the	2105
territory of the fire district as it was composed at the time the	2106
indebtedness was incurred.	2107

Upon the withdrawal of any municipal corporation from a	2108
township fire district created under division (C) of this section,	2109
the county auditor shall ascertain, apportion, and order a	2110
division of the funds on hand, moneys and taxes in the process of	2111
collection except for taxes levied for the payment of	2112
indebtedness, credits, and real and personal property, either in	2113
money or in kind, on the basis of the valuation of the respective	2114
tax duplicates of the withdrawing municipal corporation and the	2115
remaining territory of the fire district.	2116

A board of township trustees may remove unincorporated	2117
territory of the township from the fire district upon the adoption	2118
of a resolution authorizing the removal. On the first day of July	2119
of the year following the adoption of the resolution, the	2120
unincorporated township territory described in the resolution	2121
ceases to be a part of the district, and the power of the fire	2122
district to levy a tax upon taxable property in that territory	2123
terminates, except that the fire district shall continue to levy	2124
and collect taxes for the payment of indebtedness within the	2125
territory of the fire district as it was composed at the time the	2126
indebtedness was incurred.	2127

(D) The board of township trustees of any township, the board	2128
of fire district trustees of a fire district created under section	2129
505.371 of the Revised Code, or the legislative authority of any	2130
municipal corporation may purchase, lease, or lease with an option	2131
to purchase the necessary fire-fighting equipment, buildings, and	2132
sites for the township, fire district, or municipal corporation	2133
and issue securities for that purpose with maximum maturities as	2134
provided in section 133.20 of the Revised Code. The board of	2135
township trustees, board of fire district trustees, or legislative	2136
authority may also construct any buildings necessary to house	2137
fire-fighting equipment and issue securities for that purpose with	2138
maximum maturities as provided in section 133.20 of the Revised	2139
Code.	2140

The board of township trustees, board of fire district	2141
trustees, or legislative authority may issue the securities of the	2142
township, fire district, or municipal corporation, signed by the	2143
board or designated officer of the municipal corporation and	2144
attested by the signature of the township fiscal officer, fire	2145
district clerk, or municipal clerk, covering any deferred payments	2146
and payable at the times provided, which securities shall bear	2147
interest not to exceed the rate determined as provided in section	2148
9.95 of the Revised Code, and shall not be subject to Chapter 133.	2149
of the Revised Code. The legislation authorizing the issuance of	2150
the securities shall provide for levying and collecting annually	2151
by taxation, amounts sufficient to pay the interest on and	2152
principal of the securities. The securities shall be offered for	2153
sale on the open market or given to the vendor or contractor if no	2154
sale is made.	2155

Section 505.40 of the Revised Code does not apply to any	2156
securities issued, or any lease with an option to purchase entered	2157
into, in accordance with this division.	2158

(E) A board of township trustees of any township or a board	2159
of fire district trustees of a fire district created under section	2160
505.371 of the Revised Code may purchase a policy or policies of	2161
liability insurance for the officers, employees, and appointees of	2162
the fire department, fire district, or joint fire district	2163
governed by the board that includes personal injury liability	2164
coverage as to the civil liability of those officers, employees,	2165
and appointees for false arrest, detention, or imprisonment,	2166
malicious prosecution, libel, slander, defamation or other	2167
violation of the right of privacy, wrongful entry or eviction, or	2168
other invasion of the right of private occupancy, arising out of	2169
the performance of their duties.	2170

When a board of township trustees cannot, by deed of gift or	2171
by purchase and upon terms it considers reasonable, procure land	2172
for a township fire station that is needed in order to respond in	2173
reasonable time to a fire or medical emergency, the board may	2174
appropriate land for that purpose under sections 163.01 to 163.22	2175
of the Revised Code. If it is necessary to acquire additional	2176
adjacent land for enlarging or improving the fire station, the	2177
board may purchase, appropriate, or accept a deed of gift for the	2178
land for these purposes.	2179

(F) As used in this division, "emergency medical service	2180
organization" has the same meaning as in section 4766.01 of the	2181
Revised Code.	2182

A board of township trustees, by adoption of an appropriate	2183
resolution, may choose to have the Ohio medical transportation	2184
board license any emergency medical service organization it	2185
operates. If the board adopts such a resolution, Chapter 4766. of	2186
the Revised Code, except for sections 4766.06 and 4766.99 of the	2187
Revised Code, applies to the organization. All rules adopted under	2188
the applicable sections of that chapter also apply to the	2189
organization. A board of township trustees, by adoption of an	2190
appropriate resolution, may remove its emergency medical service	2191
organization from the jurisdiction of the Ohio medical	2192
transportation board.	2193

Sec. 505.373.  The township board of township trustees may,	2194
by resolution, adopt by incorporation by reference a standard code	2195
pertaining to fire, fire hazards, and fire prevention prepared and	2196
promulgated by the state or any department, board, or other agency	2197
of the state, or any such code prepared and promulgated by a	2198
public or private organization that publishes a model or standard	2199
code.	2200

After the adoption of such athe code by the board, a notice	2201
clearly identifying the code, stating the purpose of the code, and	2202
stating that a complete copy of the code is on file with the	2203
township clerkfiscal officer for inspection by the public and	2204
also on file in the law library of the county in which the	2205
township is located and that the clerkfiscal officer has copies	2206
available for distribution to the public at cost, shall be posted	2207
by the township clerkfiscal officer in five conspicuous places in	2208
the township for thirty days before becoming effective. The notice	2209
required by this section shall also be published in a newspaper of	2210
general circulation in the township once a week for three	2211
consecutive weeks. If the adopting township amends or deletes any	2212
provision of the code, the notice shall contain a brief summary of	2213
the deletion or amendment.	2214

If the agency that originally promulgated or published the	2215
code thereafter amends the code, any township that has adopted the	2216
code pursuant to this section may adopt the amendment or change by	2217
incorporation by reference in the same manner as provided for	2218
adoption of the original code.	2219

Sec. 505.47.  The board of township trustees may pay the cost	2220
of the construction, rebuilding, or repair of footbridges	2221
authorized by section 505.46 of the Revised Code out of any funds,	2222
unappropriated for any other purpose, in the township treasury.	2223
ShouldIf there be no funds in the township treasury available for	2224
suchthese purposes, then suchthe board may levy a tax for the	2225
purpose of procuring the necessary funds for the construction,	2226
rebuilding, or repair of suchthe footbridges, which. The tax	2227
shall be levied upon all of the taxable property in the township,	2228
and shall be certified, levied, and collected in the manner	2229
prescribed for other township taxes. The money so raised shall be	2230
paid over to the township clerkfiscal officer, and by him paid	2231
the fiscal officer shall pay it out on the order of the board,	2232
certified by such clerkthe fiscal officer. Such	2233

The tax shall not be levied until it has been approved by a	2234
majority of the qualified voters of the township, voting at any	2235
election at which the question shall be submitted. The	2236

Said election shall be called at a regular meeting of the	2237
board and shall be held within thirty days from the date of the	2238
resolution of the board calling the samefor it. Twenty days'	2239
notice of saidthe election shall be given by the posting of	2240
notices, by the clerk,fiscal officer in ten public places of the	2241
township. Provisions for holding the election shall be made by the	2242
board of elections, upon receiving notice from the clerkfiscal	2243
officer of the date and purpose of saidthe election.	2244

Sec. 505.511.  (A) A board of township trustees that operates	2245
a township police department or the board of township trustees of	2246
a township police district may, after police constables, the	2247
township police, a law enforcement agency with which the township	2248
contracts for police services, and the county sheriff or the	2249
sheriff's deputy have answered a combined total of three false	2250
alarms from the same commercial or residential security alarm	2251
system within the township in the same calendar year, cause the	2252
township clerkfiscal officer to mail the manager of the	2253
commercial establishment or the occupant, lessee, agent, or tenant	2254
of the residence a bill for each subsequent false alarm from the	2255
same alarm system during that year, to defray the costs incurred.	2256
The bill's amount shall be as follows:	2257

(1) For the fourth false alarm of that year .....$50.00;

2258

(2) For the fifth false alarm of that year .....$100.00;

2259

(3) For all false alarms in that year occurring after the	2260
fifth false alarm ...................................$150.00.	2261

If payment of the bill is not received within thirty days,	2262
the township clerkfiscal officer shall send a notice by certified	2263
mail to the manager and to the owner, if different, of the real	2264
estate of which the commercial establishment is a part, or to the	2265
occupant, lessee, agent, or tenant and to the owner, if different,	2266
of the real estate of which the residence is a part, indicating	2267
that failure to pay the bill within thirty days, or to show just	2268
cause why the bill should not be paid, will result in the	2269
assessment of a lien upon the real estate in the amount of the	2270
bill. If payment is not received within those thirty days or if	2271
just cause is not shown, the amount of the bill shall be entered	2272
upon the tax duplicate, shall be a lien upon the real estate from	2273
the date of the entry, and shall be collected as other taxes and	2274
returned to the township treasury to be earmarked for use for	2275
police services.	2276

The board of township trustees shall not cause the township	2277
clerkfiscal officer to send a bill pursuant to this division if a	2278
bill has already been sent pursuant to division (B) of this	2279
section for the same false alarm.	2280

(B) The county sheriff may, after the county sheriff or the	2281
sheriff's deputy, police constables, the township police, and a	2282
law enforcement agency with which the township contracts for	2283
police services have answered a combined total of three false	2284
alarms from the same commercial or residential security alarm	2285
system within the unincorporated area of the county in the same	2286
calendar year, mail the manager of the commercial establishment or	2287
the occupant, lessee, agent, or tenant of the residence a bill for	2288
each subsequent false alarm from the same alarm system during that	2289
year, to defray the costs incurred. The bill's amount shall be as	2290
follows:	2291

(1) For the fourth false alarm of that year .....$50.00;

2292

(2) For the fifth false alarm of that year .....$100.00;

2293

(3) For all false alarms in that year occurring after the	2294
fifth false alarm ...................................$150.00.	2295

If payment of the bill is not received within thirty days,	2296
the sheriff shall send a notice by certified mail to the manager	2297
and to the owner, if different, of the real estate of which the	2298
commercial establishment is a part, or to the occupant, lessee,	2299
agent, or tenant and to the owner, if different, of the real	2300
estate of which the residence is a part, indicating that failure	2301
to pay the bill within thirty days, or to show just cause why the	2302
bill should not be paid, will result in the assessment of a lien	2303
upon the real estate in the amount of the bill. If payment is not	2304
received within those thirty days or if just cause is not shown,	2305
the amount of the bill shall be entered upon the tax duplicate,	2306
shall be a lien upon the real estate from the date of the entry,	2307
and shall be collected as other taxes and returned to the county	2308
treasury.	2309

The sheriff shall not send a bill pursuant to this division	2310
if a bill has already been sent pursuant to division (A) of this	2311
section for the same false alarm.	2312

(C) As used in this section, "commercial establishment" has	2313
the same meaning as in section 505.391 of the Revised Code.	2314

Sec. 505.73. (A) The board of township trustees may, by	2315
resolution, adopt by incorporation by reference, administer, and	2316
enforce within the unincorporated area of the township an existing	2317
structures code pertaining to the repair and continued maintenance	2318
of structures and the premises of those structures. For that	2319
purpose, the board shall adopt any model or standard code prepared	2320
and promulgated by this state, any department, board, or agency of	2321
this state, or any public or private organization that publishes a	2322
recognized model or standard code on the subject. The board shall	2323
ensure that the code adopted governs subject matter not addressed	2324
by the state residential building code and that it is fully	2325
compatible with the state residential and nonresidential building	2326
codes the board of building standards adopts pursuant to section	2327
3781.10 of the Revised Code.	2328

(B) The board shall assign the duties of administering and	2329
enforcing the existing structures code to a township officer or	2330
employee who is trained and qualified for those duties and shall	2331
establish by resolution the minimum qualifications necessary to	2332
perform those duties.	2333

(C)(1) After the board adopts an existing structures code,	2334
the township clerkfiscal officer shall post a notice that clearly	2335
identifies the code, states the code's purpose, and states that a	2336
complete copy of the code is on file for inspection by the public	2337
with the township clerkfiscal officer and in the county law	2338
library and that the clerkfiscal officer has copies available for	2339
distribution to the public at cost.	2340

(2) The township clerkfiscal officer shall post the notice	2341
in five conspicuous places in the township for thirty days before	2342
the code becomes effective and shall publish the notice in a	2343
newspaper of general circulation in the township for three	2344
consecutive weeks. If the adopting township amends or deletes any	2345
provision of the code, the notice shall contain a brief summary of	2346
the deletion or amendment.	2347

(D) If the agency that originally promulgated or published	2348
the existing structures code amends the code, the board may adopt	2349
the amendment or change by incorporation by reference in the	2350
manner provided for the adoption of the original code.	2351

Sec. 505.86.  (A) As used in this section, "total cost" means	2352
any costs incurred due to the use of employees, materials, or	2353
equipment of the township, any costs arising out of contracts for	2354
labor, materials, or equipment, and costs of service of notice or	2355
publication required under this section.	2356

(B) A board of township trustees may provide for the removal,	2357
repair, or securance of buildings or other structures in the	2358
township that have been declared insecure, unsafe, or structurally	2359
defective by any fire department under contract with the township	2360
or by the county building department or other authority	2361
responsible under Chapter 3781. of the Revised Code for the	2362
enforcement of building regulations or the performance of building	2363
inspections in the township, or buildings or other structures that	2364
have been declared unfit for human habitation by the board of	2365
health of the general health district of which the township is a	2366
part.	2367

At least thirty days prior to the removal, repair, or	2368
securance of any insecure, unsafe, or structurally defective	2369
building, the board of township trustees shall give notice by	2370
certified mail of its intention with respect to suchthe removal,	2371
repair, or securance to the holders of legal or equitable liens of	2372
record upon the real property on which suchthe building is	2373
located and to owners of record of suchthe property. If the	2374
owner's address is unknown and cannot reasonably be obtained, it	2375
is sufficient to publish the notice once in a newspaper of general	2376
circulation in the township. The owners of record of suchthe	2377
property or the holders of liens of record upon suchthe property	2378
may enter into an agreement with the board to perform the removal,	2379
repair, or securance of the insecure, unsafe, or structurally	2380
defective building. If an emergency exists, as determined by the	2381
board, notice may be given other than by certified mail and less	2382
than thirty days prior to suchthe removal, repair, or securance.	2383

(C) A board may collect the total cost of removing,	2384
repairing, or securing buildings or other structures that have	2385
been declared insecure, unsafe, structurally defective, or unfit	2386
for human habitation, or of making emergency corrections of	2387
hazardous conditions, by either of the following methods:	2388

(1) The board may have the clerkfiscal officer of the	2389
township certify the total costs, together with a proper	2390
description of the lands to the county auditor who shall place the	2391
costs upon the tax duplicate. The costs are a lien upon suchthe	2392
lands from and after the date of entry. The costs shall be	2393
collected as other taxes and returned to the township general	2394
fund.	2395

(2) The board may commence a civil action to recover the	2396
total costs from the owner.	2397

(D) Any board may, whenever a policy or policies of insurance	2398
are in force providing coverage against the peril of fire on a	2399
building or structure and the loss agreed to between the named	2400
insured or insureds and the company or companies is more than five	2401
thousand dollars and equals or exceeds sixty per cent of the	2402
aggregate limits of liability on all fire policies covering the	2403
building or structure on the property, accept security payments	2404
and follow the procedures of divisions (C) and (D) of section	2405
3929.86 of the Revised Code.	2406

Sec. 507.01.  A township clerkfiscal officer shall be	2407
elected at the general election in 19512007, and quadrennially	2408
thereafter in each township, and hethe fiscal officer shall hold	2409
his office for a term of four years commencing on the first day of	2410
April next after his election.	2411

Sec. 507.02.  When a township clerkfiscal officer is unable	2412
to carry out the duties of his office because of illness, because	2413
he has enteredof entering the military service of the United	2414
States, or because hethe fiscal officer is otherwise	2415
incapacitated or disqualified, the board of township trustees	2416
shall appoint a deputy clerkfiscal officer, who shall have full	2417
power to discharge the duties of suchthe office. SuchThe deputy	2418
clerkfiscal officer shall serve during the period of time the	2419
clerkfiscal officer is absent or incapacitated, or until a	2420
successor clerkfiscal officer is elected and qualified. Before	2421
entering on the discharge of hisofficial duties, the deputy clerk	2422
fiscal officer shall give bond, for the faithful discharge of his	2423
official duties, as required under section 507.03 of the Revised	2424
Code. The board shall, by resolution, adjust and determine the	2425
compensation of the clerkfiscal officer and deputy clerkfiscal	2426
officer. The total compensation of both the clerkfiscal officer	2427
and any deputy clerkfiscal officer shall not exceed the sums	2428
fixed by section 507.09 of the Revised Code in any one year.	2429

Sec. 507.021. (A) The township clerkfiscal officer may hire	2430
and appoint one or more persons as the clerkfiscal officer finds	2431
necessary to provide assistance to the township clerkfiscal	2432
officer or deputy clerkfiscal officer. The township clerkfiscal	2433
officer may set the compensation of those persons subject to the	2434
prior approval of the board of township trustees. Those persons	2435
shall serve at the pleasure of the township clerkfiscal officer	2436
or, in the absence of the clerktownship fiscal officer, the	2437
deputy clerkfiscal officer. The township clerkfiscal officer may	2438
delegate to an assistant any of the duties the clerkfiscal	2439
officer is otherwise required to perform. The appointment of	2440
assistants under this section does not relieve the township clerk	2441
fiscal officer of responsibility to discharge the duties of the	2442
office but shall serve to provide assistance to the clerkfiscal	2443
officer in performing those duties.	2444

(B) The compensation of an assistant appointed under this	2445
section shall be included in the estimate of contemplated	2446
expenditures for the township clerk'sfiscal officer's office that	2447
is submitted to the board of township trustees for approval as	2448
provided in section 5705.28 of the Revised Code.	2449

(C) Before serving, an assistant to the township clerkfiscal	2450
officer shall give bond for the faithful discharge of the duties	2451
of the office as may be delegated by the clerkfiscal officer. The	2452
bond shall be payable to the board of township trustees and shall	2453
be for the same sum as required under section 507.03 of the	2454
Revised Code for the township clerkfiscal officer, with sureties	2455
approved by the board, and conditioned for the faithful	2456
performance of duties delegated by the clerkfiscal officer. The	2457
bond shall be recorded by the township clerkfiscal officer, filed	2458
with the county treasurer, and carefully preserved.	2459

Sec. 507.03.  The township clerkfiscal officer, before	2460
entering upon the discharge of official duties, shall give a bond,	2461
payable to the board of township trustees, with sureties approved	2462
by the board, in the sum determined by the board but not less than	2463
the sum provided in this section, and conditioned for the faithful	2464
performance of the duties of the office of township clerkfiscal	2465
officer. This bond shall be recorded by the clerktownship fiscal	2466
officer, filed with the county treasurer, and carefully preserved.	2467

The minimum sum of the township clerk'sfiscal officer's bond	2468
shall be as follows:	2469

(A) In a township with a budget of fifty thousand dollars or	2470
less, ten thousand dollars;	2471

(B) In a township with a budget of more than fifty thousand	2472
dollars but not more than one hundred thousand dollars,	2473
thirty-five thousand dollars;	2474

(C) In a township with a budget of more than one hundred	2475
thousand dollars but not more than two hundred fifty thousand	2476
dollars, sixty thousand dollars;	2477

(D) In a township with a budget of more than two hundred	2478
fifty thousand dollars but not more than five hundred thousand	2479
dollars, eighty-five thousand dollars;	2480

(E) In a township with a budget of more than five hundred	2481
thousand dollars but not more than seven hundred fifty thousand	2482
dollars, one hundred ten thousand dollars;	2483

(F) In a township with a budget of more than seven hundred	2484
fifty thousand dollars but not more than one million five hundred	2485
thousand dollars, one hundred thirty-five thousand dollars;	2486

(G) In a township with a budget of more than one million five	2487
hundred thousand dollars but not more than three million five	2488
hundred thousand dollars, one hundred sixty thousand dollars;	2489

(H) In a township with a budget of more than three million	2490
five hundred thousand dollars but not more than six million	2491
dollars, one hundred ninety-five thousand dollars;	2492

(I) In a township with a budget of more than six million	2493
dollars but not more than ten million dollars, two hundred twenty	2494
thousand dollars;	2495

(J) In a township with a budget of more than ten million	2496
dollars, two hundred fifty thousand dollars.	2497

Sec. 507.04.  (A) The township clerkfiscal officer shall	2498
keep an accurate record of the proceedings of the board of	2499
township trustees at all of its meetings, and of all its accounts	2500
and transactions, including the acceptance of the bonds of	2501
township officers. The clerktownship fiscal officer shall	2502
personally attend at least one meeting of the board during each	2503
quarter of every year, unless prevented by the occurrence of an	2504
emergency from attending.	2505

(B) In any township where the clerktownship fiscal officer	2506
does not keep the township's records in a public facility, the	2507
board of township trustees, once each quarter of each year, may	2508
request the clerkfiscal officer to provide the board with copies	2509
of township records for its review. If the board makes such a	2510
request, it shall tell the clerktownship fiscal officer which	2511
records it wants copies of by indicating the dates or types of the	2512
records it is requesting. A request made under this section does	2513
not diminish any trustee's right to inspect township records under	2514
division (B) of section 149.43 of the Revised Code.	2515

Sec. 507.05.  The township clerkfiscal officer shall, in	2516
addition to the books for the record of the proceedings of the	2517
board of township trustees, be provided by the township with a	2518
book for the record of township roads, a book for the record of	2519
marks and brands, and a book for the record of official oaths and	2520
bonds of township officers.	2521

Sec. 507.051.  The clerkfiscal officer of a township shall	2522
notify the board of elections of all vacancies caused by death,	2523
resignation, or otherwise in the elective offices of the township.	2524
SuchThe notification shall be made in writing and filed, not	2525
later than ten days after thea vacancy occurs, with the board of	2526
elections of the county in which the township is located.	2527

The clerkfiscal officer of a township shall notify the board	2528
of elections of all changes in boundaries of that township. Such	2529
The notification shall be made in writing and, contain a plat	2530
clearly showing all boundary changes, and shall be filed, not	2531
later than ten days after the change of boundaries becomes	2532
effective, with the board of electionelections of the county in	2533
which the township is located.	2534

Sec. 507.06.  The township clerkfiscal officer may	2535
administer oaths, and take and certify affidavits which, that	2536
pertain to the business of histhe township or of the board of	2537
education of histhe fiscal officer's local school district, or	2538
are connected with the official business of either the township or	2539
the local school district, including the official oaths of	2540
township and school officers, and oaths required in the execution,	2541
verification, and renewal of chattel mortgagessecurity interests.	2542

Sec. 507.07.  Immediately after the township officers have	2543
made their annual settlement of accounts, the township clerk	2544
fiscal officer shall make and enter in the record of the	2545
proceedings of the board of township trustees, a detailed	2546
statement of the receipts and expenditures of the township for the	2547
preceding year, the amount of money received and expended for such	2548
purposes in each such district in the township, and the receipts	2549
and expenditures of the board of education of the local school	2550
district. Such clerkThe fiscal officer shall state from what	2551
source the moneys were received, to whom they were paid, for what	2552
they were expended, and, in detail, all liabilities. On the	2553
morning of the first Tuesday after the first Monday in November,	2554
each year, the clerkfiscal officer shall post a copy of suchthe	2555
statement at each place of holding township elections.	2556

Sec. 507.08.  Official bonds of constables, as soon as	2557
approved by the board of township trustees, and before being	2558
filed, shall be recorded by the township clerkfiscal officer in	2559
the book kept for that purpose.	2560

A copy of such a recorded bond, certified by the clerkfiscal	2561
officer, shall be admitted in any court in this state, as	2562
evidence, the same as the original bond.	2563

For recording such a bond, the clerkfiscal officer shall	2564
receive the sum of fifty cents from the party giving the bond, and	2565
for each copy heof such a bond, the fiscal officer shall receive	2566
the same fee from the party demanding suchthe copy.	2567

Sec. 507.09.  (A) Except as otherwise provided in division	2568
(D) of this section, the township clerkfiscal officer shall be	2569
entitled to compensation as follows:	2570

(1) In townships having a budget of fifty thousand dollars or	2571
less, three thousand five hundred dollars;	2572

(2) In townships having a budget of more than fifty thousand	2573
but not more than one hundred thousand dollars, five thousand five	2574
hundred dollars;	2575

(3) In townships having a budget of more than one hundred	2576
thousand but not more than two hundred fifty thousand dollars,	2577
seven thousand seven hundred dollars;	2578

(4) In townships having a budget of more than two hundred	2579
fifty thousand but not more than five hundred thousand dollars,	2580
nine thousand nine hundred dollars;	2581

(5) In townships having a budget of more than five hundred	2582
thousand but not more than seven hundred fifty thousand dollars,	2583
eleven thousand dollars;	2584

(6) In townships having a budget of more than seven hundred	2585
fifty thousand but not more than one million five hundred thousand	2586
dollars, thirteen thousand two hundred dollars;	2587

(7) In townships having a budget of more than one million	2588
five hundred thousand but not more than three million five hundred	2589
thousand dollars, fifteen thousand four hundred dollars;	2590

(8) In townships having a budget of more than three million	2591
five hundred thousand dollars but not more than six million	2592
dollars, sixteen thousand five hundred dollars;	2593

(9) In townships having a budget of more than six million	2594
dollars, seventeen thousand six hundred dollars.	2595

(B) Any township clerkfiscal officer may elect to receive	2596
less than the compensation the clerkfiscal officer is entitled to	2597
under division (A) of this section. Any clerktownship fiscal	2598
officer electing to do this shall so notify the board of township	2599
trustees in writing, and the board shall include this notice in	2600
the minutes of its next board meeting.	2601

(C) The compensation of the township clerkfiscal officer	2602
shall be paid in equal monthly payments. If the office of clerk	2603
township fiscal officer is held by more than one person during any	2604
calendar year, each person holding the office shall receive	2605
payments for only those months, and any fractions of those months,	2606
during which the person holds the office.	2607

(D) Beginning in calendar year 1999, the township clerk	2608
fiscal officer shall be entitled to compensation as follows:	2609

(1) In calendar year 1999, the compensation specified in	2610
division (A) of this section increased by three per cent;	2611

(2) In calendar year 2000, the compensation determined under	2612
division (D)(1) of this section increased by three per cent;	2613

(3) In calendar year 2001, the compensation determined under	2614
division (D)(2) of this section increased by three per cent;	2615

(4) In calendar year 2002, except in townships having a	2616
budget of more than six million dollars, the compensation	2617
determined under division (D)(3) of this section increased by	2618
three per cent; in townships having a budget of more than six	2619
million but not more than ten million dollars, nineteen thousand	2620
eight hundred ten dollars; and in townships having a budget of	2621
more than ten million dollars, twenty thousand nine hundred	2622
dollars;	2623

(5) In calendar year 2003, the compensation determined under	2624
division (D)(4) of this section increased by three per cent or the	2625
percentage increase in the consumer price index as described in	2626
division (D)(7)(b) of this section, whichever percentage is lower;	2627

(6) In calendar year 2004, except in townships having a	2628
budget of more than six million dollars, the compensation	2629
determined under division (D)(5) of this section for the calendar	2630
year 2003 increased by three per cent or the percentage increase	2631
in the consumer price index as described in division (D)(7)(b) of	2632
this section, whichever percentage is lower; in townships having a	2633
budget of more than six million but not more than ten million	2634
dollars, twenty-two thousand eighty-seven dollars; and in	2635
townships having a budget of more than ten million dollars,	2636
twenty-five thousand five hundred fifty-three dollars;	2637

(7) In calendar years 2005 through 2008, the compensation	2638
determined under division (D) of this section for the immediately	2639
preceding calendar year increased by the lesser of the following:	2640

(a) Three per cent;

2641

(b) The percentage increase, if any, in the consumer price	2642
index over the twelve-month period that ends on the thirtieth day	2643
of September of the immediately preceding calendar year, rounded	2644
to the nearest one-tenth of one per cent;	2645

(8) In calendar year 2009 and thereafter, the amount	2646
determined under division (D) of this section for calendar year	2647
2008.	2648

As used in this division, "consumer price index" has the same	2649
meaning as in section 325.18 of the Revised Code.	2650

Sec. 507.11.  (A) The board of township trustees may	2651
authorize, by resolution, township officers and employees to incur	2652
obligations of two thousand five hundred dollars or less on behalf	2653
of the township, or it may authorize, by resolution, the township	2654
administrator to so authorize township officers and employees. The	2655
obligations incurred on behalf of the township by a township	2656
officer or employee acting pursuant to any such resolution shall	2657
be subsequently approved by the adoption of a formal resolution of	2658
the board of township trustees.	2659

(B) No money belonging to the township shall be paid out,	2660
except upon an order signed by at least two of the township	2661
trustees, and countersigned by the township clerkfiscal officer.	2662

Sec. 509.02.  Each constable, before entering upon the	2663
discharge of hisofficial duties, shall give bond to the state in	2664
a sum of not less than five hundred nor more than two thousand	2665
dollars, conditioned for the faithful and diligent discharge of	2666
hisofficial duties, and with sureties resident of the township.	2667
The amount of suchthe bond and its sureties shall be approved by	2668
the board of township trustees. SuchThe bond shall be deposited	2669
with the township clerkfiscal officer.	2670

Sec. 511.21.  Upon the filing of the report of the board of	2671
park commissioners as provided by section 511.20 of the Revised	2672
Code, the board of township trustees shall direct the township	2673
clerkfiscal officer to give thirty days' notice, by posting in	2674
five public places in the township and by publication in one or	2675
more newspapers of general circulation in the township, that an	2676
election will be held at the next general election to determine	2677
whether one or more public parks are to be established within the	2678
township, and the estimated cost of the land recommended for that	2679
purpose.	2680

Sec. 511.22.  The board of township trustees shall direct the	2681
township clerkfiscal officer to file a written notice, not later	2682
than four p.m. of the seventy-fifth day before the day of the	2683
election, with the board of elections having charge of the	2684
preparation of official ballots, that an election will be held as	2685
provided in section 511.21 of the Revised Code and that the	2686
following shall be printed on the ballot:	2687

	"YES		SHALL A PUBLIC PARK		2688
	NO		OR PUBLIC PARKS BE ESTABLISHED IN		2689
			.....(NAME)..... TOWNSHIP?"		2690

If a majority of the votes is in favor of the proposition, a	2691
park or parks shall be established for the township. If a majority	2692
of the votes cast is against the proposition, the board of park	2693
commissioners shall be abolished, and the board of township	2694
trustees shall provide for and pay all the proper expenses	2695
incurred by it.	2696

Sec. 511.33.  In paying any expenses of park management and	2697
of improvements authorized by section 511.32 of the Revised Code,	2698
the board of township trustees may appropriate and use for such	2699
these purposes any funds in the township treasury then	2700
unappropriated for any other purpose. ShouldIf there beare no	2701
available funds in the treasury or an insufficient amount to pay	2702
for the desired park management and improvements in any year, the	2703
board may levy a tax in order to pay for suchthe park management	2704
and improvements. The tax shall be levied upon all of the taxable	2705
property in the township and shall be certified, levied, and	2706
collected in the manner prescribed for the certification, levy,	2707
and collection of other township taxes. The money so raised shall	2708
be paid over to the township clerkfiscal officer, and the fiscal	2709
officer shall be paidpay the money out by him on the order of the	2710
board. If a sum greater than two thousand dollars is to be	2711
expended by the board for park management and improvement purposes	2712
in any one year, and suchthe sum is not available from any	2713
unappropriated money in the township treasury, the question of	2714
levying suchthe additional tax shall, before making a levy which	2715
that will amount to more than two thousand dollars, be submitted	2716
to and approved by a majority of the electors of the township	2717
voting on the question. If suchthe election is necessary, it	2718
shall be called at a regular meeting of the board, and suchthe	2719
resolution shall be certified to the board of elections not later	2720
than four p.m. of the seventy-fifth day before the day of the	2721
election.	2722

Twenty days' notice of suchthe election shall be given by	2723
the posting of notices thereofof the election by the township	2724
clerkfiscal officer in ten public places in the township, and	2725
provisions for holding the election shall be made by the board of	2726
elections upon receiving notice of the date and purpose of such	2727
the election from the clerkfiscal officer. This section and	2728
section 511.32 of the Revised Code do not repeal, affect, or	2729
modify any law relating to park commissioners, or prevent the	2730
appointment of park commissioners in the future.	2731

Sec. 513.04. WhereIf a tax has been levied for hospital	2732
purposes, the county auditor shall certify, at the semiannual	2733
collection of taxes, the amount collected from suchthe levy to	2734
the township clerkfiscal officer, who shall forthwith draw hisa	2735
warrant for suchthe amount on the township treasury, payable to	2736
the treasurer of the hospital association or to the municipal	2737
corporation.	2738

Sec. 515.02.  When the owners of more than one-half of the	2739
feet front, of the lots and lands abutting on the streets and	2740
public ways of any unincorporated district in a township, sign a	2741
petition for artificial lighting of the streets and public ways in	2742
suchthe district, and file it with the township clerkfiscal	2743
officer, such clerkthe fiscal officer shall thereupon give notice	2744
to the board of township trustees a notice of the filing of such	2745
the petition, together withand a copy thereofof it.	2746

Sec. 515.04.  The township clerkfiscal officer shall fix a	2747
day, not more than thirty days from the date of notice to the	2748
board of township trustees, for the hearing of the petition	2749
provided for by section 515.02 of the Revised Code. Such clerkThe	2750
township fiscal officer shall prepare and deliver to any of the	2751
petitioners, a notice in writing directed to the lot and land	2752
owners and to the corporations, either public or private, affected	2753
by the improvement. SuchThe notice shall set forth the substance,	2754
pendency, and prayer of the petition, and the time and place of	2755
the hearing thereonon it.	2756

A copy of suchthe notice shall be served upon each lot or	2757
land owner or left at histhe lot or land owner's usual place of	2758
residence, and upon an officer or agent of each such corporation	2759
having its place of business in suchthe district, at least	2760
fifteen days before the date set for the hearing. On or before the	2761
day of the hearing, the person serving suchthe notice shall make	2762
return thereonon it, under oath, of the time and manner of	2763
service, and shall file suchthe return with the clerktownship	2764
fiscal officer.	2765

The clerktownship fiscal officer shall give suchthe notice	2766
to each nonresident lot or land owner, by publication once, in a	2767
newspaper published in and of general circulation in the county in	2768
which the district is situated, at least two weeks before the day	2769
set for hearing. SuchThe notice shall be verified by affidavit of	2770
the printer or other person knowing the fact, and shall be filed	2771
with the clerktownship fiscal officer on or before the day of	2772
hearing. No further notice of the petition or the proceedings	2773
thereunderunder it shall thereafter be required.	2774

Sec. 515.081.  The board of township trustees, at the	2775
expiration of an existing contract for lighting, may award a new	2776
contract pursuant to section 515.07 of the Revised Code, unless	2777
the owners of lots and lands, containing in excess of fifty per	2778
cent of the front feet abutting on the streets and public ways of	2779
saidthe unincorporated district in the township sign a petition	2780
for the discontinuance of the artificial lighting and file the	2781
petition with the township clerkfiscal officer not less than	2782
thirty days prior to the expiration of the existing contract.	2783

Sec. 515.12.  (A) All officers shall receive for services	2784
performed under sections 515.01 to 515.11 of the Revised Code, the	2785
same fees allowed for other similar services.	2786

The township clerkfiscal officer shall receive for suchthe	2787
fiscal officer's services the sum of fifty cents from each lot or	2788
land owner for whom a notice is prepared and the sum of fifty	2789
cents for each annual assessment certified to the county auditor.	2790
All	2791

All payments hereunder for the services of township officials	2792
shall be included in the cost of the lighting district and	2793
assessed against the property. SuchThe compensation shall be in	2794
addition to all other compensation provided by law.	2795

(B) The board of township trustees may, by resolution, employ	2796
additional personnel in place of the township clerkfiscal officer	2797
to prepare and certify notices for each lot or land owner and	2798
shall pay a reasonable sum not to exceed fifty cents for each lot	2799
or land owner for whom a notice is prepared and a reasonable sum	2800
not to exceed fifty cents for each annual assessment certified to	2801
the county auditor. The actual cost of suchthe additional	2802
personnel shall be assessed proportionately against each lot or	2803
land owner and shall be included in the cost of the lighting	2804
district.	2805

Sec. 517.05.  On the making of an order or the filing of an	2806
application as provided by section 517.04 of the Revised Code, the	2807
clerktownship fiscal officer shall certify suchthe order or	2808
application to the board of elections not later than four p.m. of	2809
the seventy-fifth day before the day of the election, and, at	2810
least twenty days before an election, the township clerkfiscal	2811
officer shall post written notices in at least three public places	2812
in the township, that a vote will be taken on the question of the	2813
establishment of a cemetery. If a majority of the votes cast at	2814
suchthe election on the proposition is in favor thereofof	2815
establishing a cemetery, the board of township trustees shall	2816
procure the lands for that purpose and levy taxes as provided by	2817
section 517.03 of the Revised Code.	2818

Sec. 517.06.  The board of township trustees shall have the	2819
cemetery laid out in lots, avenues, and paths, and shall number	2820
the lots, and shall have a suitable plat thereofof the lots made,	2821
which plat shall be carefully kept by the township clerkfiscal	2822
officer. SuchThe board shall make and enforce all needful rules	2823
and regulations for the division of suchthe cemetery into lots,	2824
for the allotment thereofof lots to families or individuals, and	2825
for the care, supervision, and improvement thereof, and suchof	2826
the lots. The board shall require the grass and weeds in the	2827
cemetery to be cut and destroyed at least twice each year.	2828
Suitable	2829

Suitable provision shall be made in suchthe cemetery for	2830
persons whose burial is at the expense of the township.	2831

Sec. 517.07.  Upon application, the board of township	2832
trustees shall sell at a reasonable price suchthe number of lots	2833
as public wants demand for burial purposes. Purchasers of lots,	2834
upon complying with the terms of sale, may receive deeds therefor	2835
for the lots which the board shall execute, and which shall be	2836
recorded by the township clerkfiscal officer in a book for that	2837
purpose, and the. The expense of recording shall be paid by the	2838
person receiving the deed. Upon the application of a head of a	2839
family living in the township, the board shall, without charge,	2840
make and deliver to suchthe applicant a deed for a suitable lot	2841
for the burial of histhe applicant's family, if, in the opinion	2842
of the board and by reason of the circumstances of the family,	2843
suchthe payment would be oppressive.	2844

The terms of sale and any deed for lots executed after the	2845
effective date of this amendmentJuly 24, 1986, may include the	2846
following requirements:	2847

(A) The grantee shall provide to the board of township	2848
trustees, in writing, a list of the names and addresses of the	2849
persons to whom the grantee's property would pass by intestate	2850
succession.	2851

(B) The grantee shall notify the board in writing of any	2852
subsequent changes in the name or address of any persons to whom	2853
property would descend.	2854

(C) Any person who receives a township cemetery lot by gift,	2855
inheritance, or any other means other than the original conveyance	2856
shall, within one year after receiving suchthe interest, give	2857
written notice of histhe person's name and address to the board	2858
having control of the cemetery, and shall notify the board of any	2859
subsequent changes in histhe person's name or address.	2860

The terms of sale and any deed for any lots executed in	2861
compliance with the notification requirements set forth in	2862
divisions (A), (B), and (C) of this section shall state that the	2863
board of township trustees shall have right of reentry to the	2864
cemetery lot if the notification requirements are not met. At	2865
least ninety days before establishing reentry, the board shall	2866
send a notice by certified mail to the last known owner at histhe	2867
owner's last known address to inform himthe owner that histhe	2868
owner's interest in the lot will cease unless the notification	2869
requirements are met. If the owner's address is unknown and cannot	2870
reasonably be obtained, it is sufficient to publish the notice	2871
once in a newspaper of general circulation in the county. In order	2872
to establish reentry, the board shall pass a resolution stating	2873
that the conditions of the sale or of the deed have not been	2874
fulfilled, and that the board reclaims its interest in the lot.	2875

The board may limit the terms of sale or the deed for a	2876
cemetery lot by specifying that the owner, a member of the owner's	2877
family, or an owner's descendant must use the lot, or at least one	2878
burial place within the lot, within a specified time period. The	2879
board may specify this time period to be at least twenty but not	2880
more than fifty years, with right of renewal provided at no cost.	2881
At least ninety days prior to the termination date for use of the	2882
cemetery lot, the board shall send a notice to the owner to inform	2883
himthe owner that histhe owner's interest in the lot will cease	2884
on the termination date unless hethe owner contracts for renewal	2885
by that date. The board shall send the notice by certified mail to	2886
the owner if the owner is a resident of the township or is a	2887
nonresident whose address is known. If the owner's address is	2888
unknown and cannot reasonably be obtained, it is sufficient to	2889
publish the notice once in a newspaper of general circulation in	2890
the county.	2891

The terms of sale and any deed for lots conveyed with a	2892
termination date shall state that the board shall have right of	2893
reentry to the lot at the end of the specified time period if the	2894
lot is not used within this time period or renewed for an extended	2895
period. In order to establish reentry, the board shall pass a	2896
resolution stating that the conditions of the sale or of the deed	2897
have not been fulfilled, and that the board reclaims its interest	2898
in the lot. The board shall compensate owners of unused lots who	2899
do not renew the terms of sale or the deed by paying the owner	2900
eighty per cent of the purchase price. The board may repurchase	2901
any cemetery lot from its owner at any time at a price that is	2902
mutually agreed upon by the board and the owner.	2903

Sec. 519.12.  (A)(1) Amendments to the zoning resolution may	2904
be initiated by motion of the township zoning commission, by the	2905
passage of a resolution by the board of township trustees, or by	2906
the filing of an application by one or more of the owners or	2907
lessees of property within the area proposed to be changed or	2908
affected by the proposed amendment with the township zoning	2909
commission. The board of township trustees may require that the	2910
owner or lessee of property filing an application to amend the	2911
zoning resolution pay a fee to defray the cost of advertising,	2912
mailing, filing with the county recorder, and other expenses. If	2913
the board of township trustees requirerequires such a fee, it	2914
shall be required generally, for each application. The board of	2915
township trustees shall, upon the passage of such a resolution,	2916
shall certify it to the township zoning commission.	2917

(2) Upon the adoption of sucha motion by the township zoning	2918
commission, the certification of sucha resolution by the board of	2919
township trustees to the commission, or the filing of suchan	2920
application by property owners or lessees as described in division	2921
(A)(1) of this section with the commission, the township zoning	2922
commission shall set a date for a public hearing, which date shall	2923
not be less than twenty nor more than forty days from the date of	2924
the certification of such a resolution, the date of adoption of	2925
such a motion, or the date of the filing of such an application.	2926
Notice of suchthe hearing shall be given by the township zoning	2927
commission by one publication in one or more newspapers of general	2928
circulation in the township at least ten days before the date of	2929
suchthe hearing.	2930

(B) If the proposed amendment intends to rezone or redistrict	2931
ten or fewer parcels of land, as listed on the county auditor's	2932
current tax list, written notice of the hearing shall be mailed by	2933
the township zoning commission, by first class mail, at least ten	2934
days before the date of the public hearing to all owners of	2935
property within and contiguous to and directly across the street	2936
from suchthe area proposed to be rezoned or redistricted to the	2937
addresses of suchthose owners appearing on the county auditor's	2938
current tax list. The failure of delivery of suchthat notice	2939
shall not invalidate any such amendment.	2940

(C) If the proposed amendment intends to rezone or redistrict	2941
ten or fewer parcels of land as listed on the county auditor's	2942
current tax list, the published and mailed notices shall set forth	2943
the time, date, and place of the public hearing, and shall include	2944
all of the following:	2945

(1) The name of the township zoning commission that will be	2946
conducting the public hearing;	2947

(2) A statement indicating that the motion, resolution, or	2948
application is an amendment to the zoning resolution;	2949

(3) A list of the addresses of all properties to be rezoned	2950
or redistricted by the proposed amendment and of the names of	2951
owners of thesethose properties, as they appear on the county	2952
auditor's current tax list;	2953

(4) The present zoning classification of property named in	2954
the proposed amendment and the proposed zoning classification of	2955
suchthat property;	2956

(5) The time and place where the motion, resolution, or	2957
application proposing to amend the zoning resolution will be	2958
available for examination for a period of at least ten days prior	2959
to the public hearing;	2960

(6) The name of the person responsible for giving notice of	2961
the public hearing by publication or, by mail, or by both	2962
publication and mail;	2963

(7) Any other information requested by the zoning commission;

2964

(8) A statement that, after the conclusion of suchthe	2965
hearing, the matter will be submitted to the board of township	2966
trustees for its action.	2967

(D) If the proposed amendment alters the text of the zoning	2968
resolution, or rezones or redistricts more than ten parcels of	2969
land, as listed on the county auditor's current tax list, the	2970
published notice shall set forth the time, date, and place of the	2971
public hearing, and shall include all of the following:	2972

(1) The name of the township zoning commission that will be	2973
conducting the public hearing on the proposed amendment;	2974

(2) A statement indicating that the motion, application, or	2975
resolution is an amendment to the zoning resolution;	2976

(3) The time and place where the text and maps of the	2977
proposed amendment will be available for examination for a period	2978
of at least ten days prior to the public hearing;	2979

(4) The name of the person responsible for giving notice of	2980
the public hearing by publication;	2981

(5) A statement that, after the conclusion of suchthe	2982
hearing, the matter will be submitted to the board of township	2983
trustees for its action;	2984

(6) Any other information requested by the zoning commission.

2985

(E) Within five days after the adoption of suchthe motion	2986
described in division (A) of this section, the certification of	2987
suchthe resolution described in division (A) of this section, or	2988
the filing of suchthe application described in division (A) of	2989
this section, the township zoning commission shall transmit a copy	2990
of it together with text and map pertaining to it to the county or	2991
regional planning commission, if there is such a commission.	2992

The county or regional planning commission shall recommend	2993
the approval or denial of the proposed amendment or the approval	2994
of some modification of it and shall submit suchits	2995
recommendation to the township zoning commission. SuchThe	2996
recommendation shall be considered at the public hearing held by	2997
the township zoning commission on suchthe proposed amendment.	2998

The township zoning commission shall, within thirty days	2999
after suchthe hearing, shall recommend the approval or denial of	3000
the proposed amendment, or the approval of some modification of	3001
it, and submit suchthat recommendation together with suchthe	3002
motion, application, or resolution involved, the text and map	3003
pertaining to itthe proposed amendment, and the recommendation of	3004
the county or regional planning commission on it to the board of	3005
township trustees.	3006

The board of township trustees shall, upon receipt of such	3007
that recommendation, shall set a time for a public hearing on such	3008
the proposed amendment, which date shall not be more than thirty	3009
days from the date of the receipt of suchthat recommendation from	3010
the township zoning commission. Notice of such publicthe hearing	3011
shall be given by the board by one publication in one or more	3012
newspapers of general circulation in the township, at least ten	3013
days before the date of suchthe hearing.	3014

(F) If the proposed amendment intends to rezone or redistrict	3015
ten or fewer parcels of land as listed on the county auditor's	3016
current tax list, the published notice shall set forth the time,	3017
date, and place of the public hearing and shall include all of the	3018
following:	3019

(1) The name of the board of township trustees that will be	3020
conducting the public hearing;	3021

(2) A statement indicating that the motion, application, or	3022
resolution is an amendment to the zoning resolution;	3023

(3) A list of the addresses of all properties to be rezoned	3024
or redistricted by the proposed amendment and of the names of	3025
owners of thesethose properties, as they appear on the county	3026
auditor's current tax list;	3027

(4) The present zoning classification of property named in	3028
the proposed amendment and the proposed zoning classification of	3029
suchthat property;	3030

(5) The time and place where the motion, application, or	3031
resolution proposing to amend the zoning resolution will be	3032
available for examination for a period of at least ten days prior	3033
to the public hearing;	3034

(6) The name of the person responsible for giving notice of	3035
the public hearing by publication or, by mail, or by both	3036
publication and mail;	3037

(7) Any other information requested by the board.

3038

(G) If the proposed amendment alters the text of the zoning	3039
resolution, or rezones or redistricts more than ten parcels of	3040
land as listed on the county auditor's current tax list, the	3041
published notice shall set forth the time, date, and place of the	3042
public hearing, and shall include all of the following:	3043

(1) The name of the board of township trustees that will be	3044
conducting the public hearing on the proposed amendment;	3045

(2) A statement indicating that the motion, application, or	3046
resolution is an amendment to the zoning resolution;	3047

(3) The time and place where the text and maps of the	3048
proposed amendment will be available for examination for a period	3049
of at least ten days prior to the public hearing;	3050

(4) The name of the person responsible for giving notice of	3051
the public hearing by publication;	3052

(5) Any other information requested by the board.

3053

(H) Within twenty days after suchits public hearing, the	3054
board of township trustees shall either adopt or deny the	3055
recommendations of the township zoning commission or adopt some	3056
modification of them. If the board denies or modifies the	3057
recommendation of the township zoning commissioncommission's	3058
recommendations, the unanimous vote of the board shall be	3059
required.	3060

SuchThe proposed amendment, if adopted by the board, shall	3061
become effective in thirty days after the date of suchits	3062
adoption, unless, within thirty days after the adoption of the	3063
amendment, there is presented to the board of township trustees a	3064
petition, signed by a number of registered electors residing in	3065
the unincorporated area of the township or part of that	3066
unincorporated area included in the zoning plan equal to not less	3067
than eight per cent of the total vote cast for all candidates for	3068
governor in suchthat area at the most recent general election at	3069
which a governor was elected, requesting the board of township	3070
trustees to submit the amendment to the electors of suchthat area	3071
for approval or rejection at a special election to be held on the	3072
day of the next primary or general election that occurs at least	3073
seventy-five days after the petition is filed. Each part of this	3074
petition shall contain the number and the full and correct title,	3075
if any, of the zoning amendment resolution, motion, or	3076
application, furnishing the name by which the amendment is known	3077
and a brief summary of its contents. In addition to meeting the	3078
requirements of this section, each petition shall be governed by	3079
the rules specified in section 3501.38 of the Revised Code.	3080

The form of a petition calling for a zoning referendum and	3081
the statement of the circulator shall be substantially as follows:	3082

"PETITION FOR ZONING REFERENDUM

3083

(if the proposal is identified by a particular name or number, or	3084
both, these should be inserted here) .......................	3085

A proposal to amend the zoning map of the unincorporated area	3086
of ............. Township, ................. County, Ohio, adopted	3087
.....(date)..... (followed by brief summary of the proposal).	3088

To the Board of Township Trustees of .....................	3089
Township, ................. County, Ohio:	3090

...................... County, Ohio:

3091

We, the undersigned, being electors residing in the	3092
unincorporated area of ....................... Township, included	3093
within the ............. Township Zoning Plan, equal to not less	3094
than eight per cent of the total vote cast for all candidates for	3095
governor in the area at the preceding general election at which a	3096
governor was elected, request the Board of Township Trustees to	3097
submit this amendment of the zoning resolution to the electors of	3098
........................ Township residing within the	3099
unincorporated area of the township included in the	3100
.................. Township Zoning Resolution, for approval or	3101
rejection at a special election to be held on the day of the next	3102
primary or general election to be held on .....(date).....,	3103
pursuant to section 519.12 of the Revised Code.	3104

	Street Address				Date of		3105
Signature	or R.F.D.	Township	Precinct	County	Signing		3106

..............................................................

3107

..............................................................

3108

STATEMENT OF CIRCULATOR

3109

I, .............(name of circulator).........., declare under	3110
penalty of election falsification that I am an elector of the	3111
state of Ohio and reside at the address appearing below my	3112
signature; that I am the circulator of the foregoing part petition	3113
containing .......(number)....... signatures; that I have	3114
witnessed the affixing of every signature; that all signers were	3115
to the best of my knowledge and belief qualified to sign; and that	3116
every signature is to the best of my knowledge and belief the	3117
signature of the person whose signature it purports to be.	3118

	................................		3119
	(Signature of circulator)		3120
	................................		3121
	(Address)		3122
	................................		3123
	(City, village, or township,		3124
	and zip code)		3125

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3126
OF THE FIFTH DEGREE."	3127

The petition shall be filed,with the board of township	3128
trustees and shall be accompanied by an appropriate map of the	3129
area affected by the zoning proposal, with the. Within two weeks	3130
after receiving a petition filed under this section, the board of	3131
township trustees, which shall then transmitcertify the petition	3132
within two weeks of its receipt to the board of elections, which	3133
shall determine the sufficiency and validity of the petition. The.	3134
A petition filed under this section shall be certified to the	3135
board of elections not less than seventy-five days prior to the	3136
election at which the question is to be voted upon.	3137

The board of elections shall determine the sufficiency and	3138
validity of each petition certified to it by a board of township	3139
trustees under this section. If the board of elections determines	3140
that a petition is sufficient and valid, the question shall be	3141
voted upon at a special election to be held on the day of the next	3142
primary or general election that occurs at least seventy-five days	3143
after the date the petition is filed with the board of township	3144
trustees, regardless of whether any election will be held to	3145
nominate or elect candidates on that day.	3146

No amendment for which such a referendum vote has been	3147
requested shall be put into effect unless a majority of the vote	3148
cast on the issue is in favor of the amendment. Upon certification	3149
by the board of elections that the amendment has been approved by	3150
the voters, it shall take immediate effect.	3151

Within five working days after an amendment's effective date,	3152
the board of township trustees shall file the text and maps of the	3153
amendment in the office of the county recorder and with the	3154
regional or county or regional planning commission, if one exists.	3155

The board shall file all amendments, including text and maps,	3156
that are in effect on January 1, 1992, in the office of the county	3157
recorder within thirty working days after that date. The board	3158
shall also file duplicates of the same documents with the regional	3159
or county planning commission, if one exists, within the same	3160
period.	3161

The failure to file any amendment, or any text and maps, or	3162
duplicates of any of these documents, with the office of the	3163
county recorder or the county or regional planning commission as	3164
required by this section does not invalidate the amendment and is	3165
not grounds for an appeal of any decision of the board of zoning	3166
appeals.	3167

Sec. 519.16.  For the purpose of enforcing the zoning	3168
regulations, the board of township trustees may provide for a	3169
system of zoning certificates, and for this purpose may establish	3170
and fill the position of township zoning inspector, together with	3171
such assistants as the board deems necessary, may fix the	3172
compensation for suchthose positions, and may make disbursements	3173
for them. The township clerkfiscal officer may be appointed	3174
secretary of the township zoning commission, secretary of the	3175
township board of zoning appeals, and zoning inspector, and hethe	3176
fiscal officer may receive compensation for suchthe fiscal	3177
officer's services in addition to other compensation allowed by	3178
law.	3179

Sec. 519.161.  The township zoning inspector, before entering	3180
upon the duties of his office, shall give bond, signed by a	3181
bonding or surety company authorized to do business in this state,	3182
or, at histhe inspector's option, signed by two or more	3183
freeholders having real estate in the value of double the amount	3184
of the bond, over and above all incumbrancesencumbrances to the	3185
state, in the sum of not less than one thousand or more than five	3186
thousand dollars as fixed by the board of township trustees. Such	3187
The surety company or real estate bond shall be approved by the	3188
board of township trustees, and the bond shall be conditioned upon	3189
the faithful performance of suchthe zoning inspector's official	3190
duties. SuchThe bond shall be deposited with the township clerk	3191
fiscal officer.	3192

Sec. 519.211.  (A) Except as otherwise provided in division	3193
(B) or (C) of this section, sections 519.02 to 519.25 of the	3194
Revised Code confer no power on any board of township trustees or	3195
board of zoning appeals in respect to the location, erection,	3196
construction, reconstruction, change, alteration, maintenance,	3197
removal, use, or enlargement of any buildings or structures of any	3198
public utility or railroad, whether publicly or privately owned,	3199
or the use of land by any public utility or railroad, for the	3200
operation of its business.	3201

(B)(1) As used in this division, "telecommunications tower"	3202
means any free-standing structure, or any structure to be attached	3203
to a building or other structure, that meets all of the following	3204
criteria:	3205

(a) The free-standing or attached structure is proposed to be	3206
constructed on or after October 31, 1996.	3207

(b) The free-standing or attached structure is proposed to be	3208
owned or principally used by a public utility engaged in the	3209
provision of telecommunications services.	3210

(c) The free-standing or attached structure is proposed to be	3211
located in an unincorporated area of a township, in an area zoned	3212
for residential use.	3213

(d)(i) The free-standing structure is proposed to top at a	3214
height that is greater than either the maximum allowable height of	3215
residential structures within the zoned area as set forth in the	3216
applicable zoning regulations, or the maximum allowable height of	3217
such a free-standing structure as set forth in any applicable	3218
zoning regulations in effect immediately prior to October 31,	3219
1996, or as those regulations subsequently are amended.	3220

(ii) The attached structure is proposed to top at a height	3221
that is greater than either the height of the building or other	3222
structure to which it is to be attached, or the maximum allowable	3223
height of such an attached structure as set forth in any	3224
applicable zoning regulations in effect immediately prior to	3225
October 31, 1996, or as those regulations subsequently are	3226
amended.	3227

(e) The free-standing or attached structure is proposed to	3228
have attached to it radio frequency transmission or reception	3229
equipment.	3230

(2) Sections 519.02 to 519.25 of the Revised Code confer	3231
power on a board of township trustees or board of zoning appeals	3232
with respect to the location, erection, construction,	3233
reconstruction, change, alteration, removal, or enlargement of a	3234
telecommunications tower, but not with respect to the maintenance	3235
or use of such a tower or any change or alteration that would not	3236
substantially increase the tower's height. However, the power so	3237
conferred shall apply to a particular telecommunications tower	3238
only upon the provision of a notice, in accordance with division	3239
(B)(4)(a) of this section, to the person proposing to construct	3240
the tower.	3241

(3) Any person who plans to construct a telecommunications	3242
tower in an area subject to township zoning regulations shall	3243
provide both of the following by certified mail:	3244

(a) Written notice to each owner of property, as shown on the	3245
county auditor's current tax list, whose land is contiguous to or	3246
directly across a street or roadway from the property on which the	3247
tower is proposed to be constructed, stating all of the following	3248
in clear and concise language:	3249

(i) The person's intent to construct the tower;

3250

(ii) A description of the property sufficient to identify the	3251
proposed location;	3252

(iii) That, no later than fifteen days after the date of	3253
mailing of the notice, any such property owner may give written	3254
notice to the board of township trustees requesting that sections	3255
519.02 to 519.25 of the Revised Code apply to the proposed	3256
location of the tower as provided under division (B)(4)(a) of this	3257
section.	3258

If the notice to a property owner is returned unclaimed or	3259
refused, the person shall mail the notice by regular mail. The	3260
failure of delivery of the notice does not invalidate the notice.	3261

(b) Written notice to the board of township trustees of the	3262
information specified in divisions (B)(3)(a)(i) and (ii) of this	3263
section. The notice to the board also shall include verification	3264
that the person has complied with division (B)(3)(a) of this	3265
section.	3266

(4)(a) If the board of township trustees receives notice from	3267
a property owner under division (B)(3)(a)(iii) of this section	3268
within the time specified in that division or if a board member	3269
makes an objection to the proposed location of the	3270
telecommunications tower within fifteen days after the date of	3271
mailing of the notice sent under division (B)(3)(b) of this	3272
section, the board shall request that the clerkfiscal officer of	3273
the township send the person proposing to construct the tower	3274
written notice that the tower is subject to the power conferred by	3275
and in accordance with division (B)(2) of this section. The notice	3276
shall be sent no later than five days after the earlier of the	3277
date the board first receives such a notice from a property owner	3278
or the date upon which a board member makes an objection. Upon the	3279
date of mailing of the notice to the person, sections 519.02 to	3280
519.25 of the Revised Code shall apply to the tower.	3281

(b) If the board of township trustees receives no notice	3282
under division (B)(3)(a)(iii) of this section within the time	3283
prescribed by that division or no board member has an objection as	3284
provided under division (B)(4)(a) of this section within the time	3285
prescribed by that division, division (A) of this section shall	3286
apply to the tower without exception.	3287

(C) Sections 519.02 to 519.25 of the Revised Code confer	3288
power on a board of township trustees or board of zoning appeals	3289
with respect to the location, erection, construction,	3290
reconstruction, change, alteration, maintenance, removal, use, or	3291
enlargement of any buildings or structures of a public utility	3292
engaged in the business of transporting persons or property, or	3293
both, or providing or furnishing such transportation service, over	3294
any public street, road, or highway in this state, and with	3295
respect to the use of land by any such public utility for the	3296
operation of its business, to the extent that any exercise of such	3297
power is reasonable and not inconsistent with Chapters 4901.,	3298
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	3299
However, this division confers no power on a board of township	3300
trustees or board of zoning appeals with respect to a building or	3301
structure of, or the use of land by, a person engaged in the	3302
transportation of farm supplies to the farm or farm products from	3303
farm to market or to food fabricating plants.	3304

(D) Sections 519.02 to 519.25 of the Revised Code confer no	3305
power on any township zoning commission, board of township	3306
trustees, or board of zoning appeals to prohibit the sale or use	3307
of alcoholic beverages in areas where the establishment and	3308
operation of any retail business, hotel, lunchroom, or restaurant	3309
is permitted.	3310

(E)(1) Any person who plans to construct a telecommunications	3311
tower within one hundred feet of a residential dwelling shall	3312
provide a written notice to the owner of the residential dwelling	3313
and to the person occupying the residence, if that person is not	3314
the owner of the residence stating in clear and concise language	3315
the person's intent to construct the tower and a description of	3316
the property sufficient to identify the proposed location. The	3317
notice shall be sent by certified mail. If the notice is returned	3318
unclaimed or refused, the person shall mail the notice by regular	3319
mail. The failure of delivery does not invalidate the notice.	3320

(2) As used in division (E) of this section:

3321

(a) "Residential dwelling" means a building used or intended	3322
to be used as a personal residence by the owner, part-time owner,	3323
or lessee of the building, or any person authorized by such a	3324
person to use the building as a personal residence.	3325

(b) "Telecommunications tower" has the same meaning as in	3326
division (B)(1) of this section, except that the proposed location	3327
of the free-standing or attached structure may be an area other	3328
than an unincorporated area of a township, in an area zoned for	3329
residential use.	3330

Sec. 521.02.  Upon a petition filed with the township clerk	3331
fiscal officer by one or more property owners whose property is	3332
served by a private sewage collection tile, or upon the board's	3333
own initiative by the adoption of a resolution, the board of	3334
township trustees may repair or maintain a private sewage	3335
collection tile within a township road right-of-way in the	3336
township as provided in sections 521.02 to 521.07 of the Revised	3337
Codethis chapter. On receiving a petition, the township clerk	3338
fiscal officer shall give notice to the board of township trustees	3339
a notice of the filing of the petition, together withand a copy	3340
of the petition.	3341

Sec. 521.03.  On receiving a petition filed under section	3342
521.02 of the Revised Code, or at the request of the board of	3343
township trustees, the township clerkfiscal officer shall fix a	3344
time, not more than thirty days after the date of giving notice of	3345
the filing to the board or the date of receiving the request from	3346
the board, and place for a hearing on the issue of repair or	3347
maintenance of the tiles. The clerktownship fiscal officer shall	3348
prepare a notice in writing directed to the lot and land owners	3349
and to the corporations, either public or private, affected by the	3350
improvement. The notice shall set forth the substance of the	3351
petition or board request, and the time and place of the hearing	3352
on it.	3353

If the hearing is to be held in response to a petition, the	3354
clerktownship fiscal officer shall deliver a copy of the notice	3355
to any of the petitioners, who shall see that the notice is served	3356
on each lot or land owner or left at histhe lot or land owner's	3357
usual place of residence, and served on an officer or agent of	3358
each corporation affected by the improvement, at least fifteen	3359
days before the date set for the hearing. If the hearing is to be	3360
held at the request of the board, the board shall see that the	3361
notice is so served. On or before the day of the hearing, the	3362
person serving the notice shall certify, under oath, the time and	3363
manner of service, and shall file this certification with the	3364
clerktownship fiscal officer.	3365

The clerktownship fiscal officer shall give notice of the	3366
hearing to each nonresident lot or land owner, by publication	3367
once, in a newspaper published in and of general circulation in	3368
the county in which the township is situated, at least two weeks	3369
before the day set for the hearing. This notice shall be verified	3370
by affidavit of the printer or other person knowing the fact, and	3371
shall be filed with the clerktownship fiscal officer on or before	3372
the day of the hearing. No further notice of the petition or the	3373
proceedings under it shall thereafter be required.	3374

Sec. 703.201. (A) As used in this section, "condition for	3375
surrendering corporate powers" means any of the following:	3376

(1) The village has been declared to be in a fiscal emergency	3377
under Chapter 118. of the Revised Code and has been in fiscal	3378
emergency for at least three consecutive years with little or no	3379
improvement on the conditions that caused the fiscal emergency	3380
declaration.	3381

(2) The village has failed to properly follow applicable	3382
election laws for at least two consecutive election cycles for any	3383
one elected office in the village.	3384

(3) The village has been declared during an audit conducted	3385
under section 117.11 of the Revised Code to be unauditable under	3386
section 117.41 of the Revised Code in at least two consecutive	3387
audits.	3388

(4) The village does not provide at least two services	3389
typically provided by municipal government, such as police or fire	3390
protection, garbage collection, water or sewer service, emergency	3391
medical services, road maintenance, or similar services.	3392
"Services" does not include any administrative service or	3393
legislative action.	3394

(5) The village has failed for any fiscal year to adopt the	3395
tax budget required by section 5705.28 of the Revised Code.	3396

(6) A village elected official has been convicted of theft in	3397
office, either under section 2921.41 of the Revised Code or an	3398
equivalent criminal statute at the federal level, at least two	3399
times in a period of ten years. The convicted official with	3400
respect to those convictions may be the same person or different	3401
persons.	3402

(B) If the auditor of state finds, in an audit report issued	3403
under division (A) or (B) of section 117.11 of the Revised Code of	3404
a village that has a population of one hundred fifty persons or	3405
less and consists of less than two square miles, that the village	3406
meets at least two conditions for surrendering corporate powers,	3407
the auditor of state shall send a certified copy of the report	3408
together with a letter to the attorney general requesting the	3409
attorney general to institute legal action to dissolve the village	3410
in accordance with division (C) of this section. The report and	3411
letter shall be sent to the attorney general within ten business	3412
days after the auditor of state's transmittal of the report to the	3413
village. The audit report transmitted to the village shall be	3414
accompanied by a notice to the village of the auditor's intent to	3415
refer the report to the attorney general for legal action in	3416
accordance with this section.	3417

(C) Within twenty days of receipt of the auditor of state's	3418
report and letter, the attorney general may file a legal action in	3419
the court of common pleas on behalf of the state to request the	3420
dissolution of the village that is the subject of the audit	3421
report. If a legal action is filed, the court shall hold a hearing	3422
within ninety days after the date the attorney general files the	3423
legal action with the court. Notice of the hearing shall be filed	3424
with the attorney general, the clerk of the village that is the	3425
subject of the action, and each clerkfiscal officer of a township	3426
located wholly or partly within the village.	3427

At the hearing on dissolution, the court shall determine if	3428
the village has a population of one hundred fifty persons or less,	3429
consists of less than two square miles, and meets at least two	3430
conditions for surrendering corporate powers. If the court so	3431
finds, it shall order the dissolution of the village and provide	3432
for the surrender of corporate powers in accordance with section	3433
703.21 of the Revised Code. The attorney general shall file a	3434
certified copy of the court's order of dissolution with the	3435
secretary of state and the county recorder of the county in which	3436
the village is situated, who shall record it in their respective	3437
offices. Upon the recording in the county recorder's office, the	3438
corporate powers of the village shall cease.	3439

(D) For purposes of this section, the population of a village	3440
shall be the population determined either at the last preceding	3441
federal decennial census or according to population estimates	3442
certified by the department of development between decennial	3443
censuses.	3444

(E) The procedure in this section is in addition to the	3445
procedure of section 703.20 of the Revised Code for the surrender	3446
of the corporate powers of a village.	3447

Sec. 707.28.  When a village or a city is incorporated from a	3448
portion of a township, or portions of more than one township, a	3449
proper division of the real and personal property of suchthe	3450
townships, and of the funds for township purposes which are in the	3451
treasury, or in the process of collection, of the townships from	3452
which the territory is taken, shall, upon application of the	3453
village or city treasurer to the probate court of the county in	3454
which the territory is situated, be determined and ordered	3455
transferred to suchthe village or city, in the case of real or	3456
personal property, or, in the case of funds, paid to the village	3457
or city treasurer.	3458

In determining the portion of suchthe real and personal	3459
property and funds to which the village or city is entitled, the	3460
indebtedness of each township shall be taken into consideration.	3461
Ten days' notice of a hearing shall be given by the treasurer of	3462
the applicant to the township clerkfiscal officer of each	3463
township whose property and funds are sought to be divided. The	3464
findings and orders of the probate court under this section shall	3465
be final.	3466

Sec.  709.023. (A) A petition filed under section 709.021 of	3467
the Revised Code that requests to follow this section is for the	3468
special procedure of annexing land into a municipal corporation	3469
when, subject to division (H) of this section, the land also is	3470
not to be excluded from the township under section 503.07 of the	3471
Revised Code. The owners who sign this petition by their signature	3472
expressly waive their right to appeal in law or equity from the	3473
board of county commissioners' entry of any resolution under this	3474
section, waive any rights they may have to sue on any issue	3475
relating to a municipal corporation requiring a buffer as provided	3476
in this section, and waive any rights to seek a variance that	3477
would relieve or exempt them from that buffer requirement.	3478

The petition circulated to collect signatures for the special	3479
procedure in this section shall contain in boldface capital	3480
letters immediately above the heading of the place for signatures	3481
on each part of the petition the following: "WHOEVER SIGNS THIS	3482
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY	3483
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION	3484
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT	3485
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS	3486
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."	3487

(B) Upon the filing of the petition in the office of the	3488
clerk of the board of county commissioners, the clerk shall cause	3489
the petition to be entered upon the board's journal at its next	3490
regular session. This entry shall be the first official act of the	3491
board on the petition. Within five days after the filing of the	3492
petition, the agent for the petitioners shall notify in the manner	3493
and form specified in this division the clerk of the legislative	3494
authority of the municipal corporation to which annexation is	3495
proposed, the clerkfiscal officer of each township any portion of	3496
which is included within the territory proposed for annexation,	3497
the clerk of the board of county commissioners of each county in	3498
which the territory proposed for annexation is located other than	3499
the county in which the petition is filed, and the owners of	3500
property adjacent to the territory proposed for annexation or	3501
adjacent to a road that is adjacent to that territory and located	3502
directly across that road from that territory. The notice shall	3503
refer to the time and date when the petition was filed and the	3504
county in which it was filed and shall have attached or shall be	3505
accompanied by a copy of the petition and any attachments or	3506
documents accompanying the petition as filed.	3507

Notice to a property owner is sufficient if sent by regular	3508
United States mail to the tax mailing address listed on the county	3509
auditor's records. Notice to the appropriate government officer	3510
shall be given by certified mail, return receipt requested, or by	3511
causing the notice to be personally served on the officer, with	3512
proof of service by affidavit of the person who delivered the	3513
notice. Proof of service of the notice on each appropriate	3514
government officer shall be filed with the board of county	3515
commissioners with which the petition was filed.	3516

(C) Within twenty days after the date that the petition is	3517
filed, the legislative authority of the municipal corporation to	3518
which annexation is proposed shall adopt an ordinance or	3519
resolution stating what services the municipal corporation will	3520
provide, and an approximate date by which it will provide them, to	3521
the territory proposed for annexation, upon annexation. The	3522
municipal corporation is entitled in its sole discretion to	3523
provide to the territory proposed for annexation, upon annexation,	3524
services in addition to the services described in that ordinance	3525
or resolution.	3526

If the territory proposed for annexation is subject to zoning	3527
regulations adopted under either Chapter 303. or 519. of the	3528
Revised Code at the time the petition is filed, the legislative	3529
authority of the municipal corporation also shall adopt an	3530
ordinance or resolution stating that, if the territory is annexed	3531
and becomes subject to zoning by the municipal corporation and	3532
that municipal zoning permits uses in the annexed territory that	3533
the municipal corporation determines are clearly incompatible with	3534
the uses permitted under current county or township zoning	3535
regulations in the adjacent land remaining within the township	3536
from which the territory was annexed, the legislative authority of	3537
the municipal corporation will require, in the zoning ordinance	3538
permitting the incompatible uses, the owner of the annexed	3539
territory to provide a buffer separating the use of the annexed	3540
territory and the adjacent land remaining within the township. For	3541
the purposes of this section, "buffer" includes open space,	3542
landscaping, fences, walls, and other structured elements; streets	3543
and street rights-of-way; and bicycle and pedestrian paths and	3544
sidewalks.	3545

The clerk of the legislative authority of the municipal	3546
corporation to which annexation is proposed shall file the	3547
ordinances or resolutions adopted under this division with the	3548
board of county commissioners within twenty days following the	3549
date that the petition is filed. The board shall make these	3550
ordinances or resolutions available for public inspection.	3551

(D) Within twenty-five days after the date that the petition	3552
is filed, the legislative authority of the municipal corporation	3553
to which annexation is proposed and each township any portion of	3554
which is included within the territory proposed for annexation may	3555
adopt and file with the board of county commissioners an ordinance	3556
or resolution consenting or objecting to the proposed annexation.	3557
An objection to the proposed annexation shall be based solely upon	3558
the petition's failure to meet the conditions specified in	3559
division (E) of this section.	3560

If the municipal corporation and each of those townships	3561
timely files an ordinance or resolution consenting to the proposed	3562
annexation, the board at its next regular session shall enter upon	3563
its journal a resolution granting the proposed annexation. If,	3564
instead, the municipal corporation or any of those townships files	3565
an ordinance or resolution that objects to the proposed	3566
annexation, the board of county commissioners shall proceed as	3567
provided in division (E) of this section. Failure of the municipal	3568
corporation or any of those townships to timely file an ordinance	3569
or resolution consenting or objecting to the proposed annexation	3570
shall be deemed to constitute consent by that municipal	3571
corporation or township to the proposed annexation.	3572

(E) Unless the petition is granted under division (D) of this	3573
section, not less than thirty or more than forty-five days after	3574
the date that the petition is filed, the board of county	3575
commissioners shall review it to determine if each of the	3576
following conditions has been met:	3577

(1) The petition meets all the requirements set forth in, and	3578
was filed in the manner provided in, section 709.021 of the	3579
Revised Code.	3580

(2) The persons who signed the petition are owners of the	3581
real estate located in the territory proposed for annexation and	3582
constitute all of the owners of real estate in that territory.	3583

(3) The territory proposed for annexation does not exceed	3584
five hundred acres.	3585

(4) The territory proposed for annexation shares a contiguous	3586
boundary with the municipal corporation to which annexation is	3587
proposed for a continuous length of at least five per cent of the	3588
perimeter of the territory proposed for annexation.	3589

(5) The annexation will not create an unincorporated area of	3590
the township that is completely surrounded by the territory	3591
proposed for annexation.	3592

(6) The municipal corporation to which annexation is proposed	3593
has agreed to provide to the territory proposed for annexation the	3594
services specified in the relevant ordinance or resolution adopted	3595
under division (C) of this section.	3596

(7) If a street or highway will be divided or segmented by	3597
the boundary line between the township and the municipal	3598
corporation as to create a road maintenance problem, the municipal	3599
corporation to which annexation is proposed has agreed as a	3600
condition of the annexation to assume the maintenance of that	3601
street or highway or to otherwise correct the problem. As used in	3602
this section, "street" or "highway" has the same meaning as in	3603
section 4511.01 of the Revised Code.	3604

(F) Not less than thirty or more than forty-five days after	3605
the date that the petition is filed, if the petition is not	3606
granted under division (D) of this section, the board of county	3607
commissioners, if it finds that each of the conditions specified	3608
in division (E) of this section has been met, shall enter upon its	3609
journal a resolution granting the annexation. If the board of	3610
county commissioners finds that one or more of the conditions	3611
specified in division (E) of this section have not been met, it	3612
shall enter upon its journal a resolution that states which of	3613
those conditions the board finds have not been met and that denies	3614
the petition.	3615

(G) If a petition is granted under division (D) or (F) of	3616
this section, the clerk of the board of county commissioners shall	3617
proceed as provided in division (C)(1) of section 709.033 of the	3618
Revised Code, except that no recording or hearing exhibits would	3619
be involved. There is no appeal in law or equity from the board's	3620
entry of any resolution under this section, but any party may seek	3621
a writ of mandamus to compel the board of county commissioners to	3622
perform its duties under this section.	3623

(H) Notwithstanding anything to the contrary in section	3624
503.07 of the Revised Code, unless otherwise provided in an	3625
annexation agreement entered into pursuant to section 709.192 of	3626
the Revised Code or in a cooperative economic development	3627
agreement entered into pursuant to section 701.07 of the Revised	3628
Code, territory annexed into a municipal corporation pursuant to	3629
this section shall not at any time be excluded from the township	3630
under section 503.07 of the Revised Code and, thus, remains	3631
subject to the township's real property taxes.	3632

(I) Any owner of land that remains within a township and that	3633
is adjacent to territory annexed pursuant to this section who is	3634
directly affected by the failure of the annexing municipal	3635
corporation to enforce compliance with any zoning ordinance it	3636
adopts under division (C) of this section requiring the owner of	3637
the annexed territory to provide a buffer zone, may commence in	3638
the court of common pleas a civil action against that owner to	3639
enforce compliance with that buffer requirement whenever the	3640
required buffer is not in place before any development of the	3641
annexed territory begins.	3642

Sec. 709.024. (A) A petition filed under section 709.021 of	3643
the Revised Code that requests to follow this section is for the	3644
special procedure of annexing land into a municipal corporation	3645
for the purpose of undertaking a significant economic development	3646
project. As used in this section, "significant economic	3647
development project" means one or more economic development	3648
projects that can be classified as industrial, distribution, high	3649
technology, research and development, or commercial, which	3650
projects may include ancillary residential and retail uses and	3651
which projects shall satisfy all of the following:	3652

(1) Total private real and personal property investment in a	3653
project shall be in excess of ten million dollars through land and	3654
infrastructure, new construction, reconstruction, installation of	3655
fixtures and equipment, or the addition of inventory, excluding	3656
investment solely related to the ancillary residential and retail	3657
elements, if any, of the project. As used in this division,	3658
"private real and personal property investment" does not include	3659
payments in lieu of taxes, however characterized, under Chapter	3660
725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75,	3661
or 5709.78 to 5709.81 of the Revised Code.	3662

(2) There shall be created by the project an additional	3663
annual payroll in excess of one million dollars, excluding payroll	3664
arising solely out of the retail elements, if any, of the project.	3665

(3) The project has been certified by the state director of	3666
development as meeting the requirements of divisions (A)(1) and	3667
(2) of this section.	3668

(B) Upon the filing of the petition under section 709.021 of	3669
the Revised Code in the office of the clerk of the board of county	3670
commissioners, the clerk shall cause the petition to be entered	3671
upon the journal of the board at its next regular session. This	3672
entry shall be the first official act of the board on the	3673
petition. Within five days after the filing of the petition, the	3674
agent for the petitioners shall notify in the manner and form	3675
specified in this division the clerk of the legislative authority	3676
of the municipal corporation to which annexation is proposed, the	3677
clerkfiscal officer of each township any portion of which is	3678
included within the territory proposed for annexation, the clerk	3679
of the board of county commissioners of each county in which the	3680
territory proposed for annexation is located other than the county	3681
in which the petition is filed, and the owners of property	3682
adjacent to the territory proposed for annexation or adjacent to a	3683
road that is adjacent to that territory and located directly	3684
across that road from that territory. The notice shall refer to	3685
the time and date when the petition was filed and the county in	3686
which it was filed and shall have attached or shall be accompanied	3687
by a copy of the petition and any attachments or documents	3688
accompanying the petition as filed.	3689

Notice to a property owner is sufficient if sent by regular	3690
United States mail to the tax mailing address listed on the county	3691
auditor's records. Notice to the appropriate government officer	3692
shall be given by certified mail, return receipt requested, or by	3693
causing the notice to be personally served on the officer, with	3694
proof of service by affidavit of the person who delivered the	3695
notice. Proof of service of the notice on each appropriate	3696
government officer shall be filed with the board of county	3697
commissioners with which the petition was filed.	3698

(C)(1) Within thirty days after the petition is filed, the	3699
legislative authority of the municipal corporation to which	3700
annexation is proposed and each township any portion of which is	3701
included within the territory proposed for annexation may adopt	3702
and file with the board of county commissioners an ordinance or	3703
resolution consenting or objecting to the proposed annexation. An	3704
objection to the proposed annexation shall be based solely upon	3705
the petition's failure to meet the conditions specified in	3706
division (F) of this section. Failure of the municipal corporation	3707
or any of those townships to timely file an ordinance or	3708
resolution consenting or objecting to the proposed annexation	3709
shall be deemed to constitute consent by that municipal	3710
corporation or township to the proposed annexation.	3711

(2) Within twenty days after receiving the notice required by	3712
division (B) of this section, the legislative authority of the	3713
municipal corporation shall adopt, by ordinance or resolution, a	3714
statement indicating what services the municipal corporation will	3715
provide or cause to be provided, and an approximate date by which	3716
it will provide or cause them to be provided, to the territory	3717
proposed for annexation, upon annexation. If a hearing is to be	3718
conducted under division (E) of this section, the legislative	3719
authority shall file the statement with the clerk of the board of	3720
county commissioners at least twenty days before the date of the	3721
hearing.	3722

(D) If all parties to the annexation proceedings consent to	3723
the proposed annexation, a hearing shall not be held, and the	3724
board, at its next regular session, shall enter upon its journal a	3725
resolution granting the annexation. There is no appeal in law or	3726
in equity from the board's entry of a resolution under this	3727
division. The clerk of the board shall proceed as provided in	3728
division (C)(1) of section 709.033 of the Revised Code.	3729

(E) Unless the petition is granted under division (D) of this	3730
section, a hearing shall be held on the petition. The board of	3731
county commissioners shall hear the petition at its next regular	3732
session and shall notify the agent for the petitioners of the	3733
hearing's date, time, and place. The agent for the petitioners	3734
shall give, within five days after receipt of the notice of the	3735
hearing from the board, to the parties and property owners	3736
entitled to notice under division (B) of this section, notice of	3737
the date, time, and place of the hearing. Notice to a property	3738
owner is sufficient if sent by regular United States mail to the	3739
tax mailing address listed on the county auditor's records. At the	3740
hearing, the parties and any owner of real estate within the	3741
territory proposed to be annexed are entitled to appear for the	3742
purposes described in division (C) of section 709.032 of the	3743
Revised Code.	3744

(F) Within thirty days after a hearing under division (E) of	3745
this section, the board of county commissioners shall enter upon	3746
its journal a resolution granting or denying the proposed	3747
annexation. The resolution shall include specific findings of fact	3748
as to whether or not each of the conditions listed in this	3749
division has been met. If the board grants the annexation, the	3750
clerk of the board shall proceed as provided in division (C)(1) of	3751
section 709.033 of the Revised Code.	3752

The board shall enter a resolution granting the annexation if	3753
it finds, based upon a preponderance of the substantial, reliable,	3754
and probative evidence on the whole record, that each of the	3755
following conditions has been met:	3756

(1) The petition meets all the requirements set forth in, and	3757
was filed in the manner provided in, section 709.021 of the	3758
Revised Code.	3759

(2) The persons who signed the petition are owners of real	3760
estate located in the territory proposed to be annexed in the	3761
petition and constitute all of the owners of real estate in that	3762
territory.	3763

(3) No street or highway will be divided or segmented by the	3764
boundary line between a township and the municipal corporation as	3765
to create a road maintenance problem, or if the street or highway	3766
will be so divided or segmented, the municipal corporation has	3767
agreed, as a condition of the annexation, that it will assume the	3768
maintenance of that street or highway. For the purposes of this	3769
division, "street" or "highway" has the same meaning as in section	3770
4511.01 of the Revised Code.	3771

(4) The municipal corporation to which the territory is	3772
proposed to be annexed has adopted an ordinance or resolution as	3773
required by division (C)(2) of this section.	3774

(5) The state director of development has certified that the	3775
project meets the requirements of divisions (A)(1) and (2) of this	3776
section and thereby qualifies as a significant economic	3777
development project. The director's certification is binding on	3778
the board of county commissioners.	3779

(G) An owner who signed the petition may appeal a decision of	3780
the board of county commissioners denying the proposed annexation	3781
under section 709.07 of the Revised Code. No other person has	3782
standing to appeal the board's decision in law or in equity. If	3783
the board grants the annexation, there shall be no appeal in law	3784
or in equity.	3785

(H) Notwithstanding anything to the contrary in section	3786
503.07 of the Revised Code, unless otherwise provided in an	3787
annexation agreement entered into pursuant to section 709.192 of	3788
the Revised Code or in a cooperative economic development	3789
agreement entered into pursuant to section 701.07 of the Revised	3790
Code, territory annexed into a municipal corporation pursuant to	3791
this section shall not at any time be excluded from the township	3792
under section 503.07 of the Revised Code and, thus, remains	3793
subject to the township's real property taxes.	3794

(I) A municipal corporation to which annexation is proposed	3795
is entitled in its sole discretion to provide to the territory	3796
proposed for annexation, upon annexation, services in addition to	3797
the services described in the ordinance or resolution adopted by	3798
the legislative authority of the municipal corporation under	3799
division (C)(2) of this section.	3800

Sec. 709.03.  The petition required by section 709.02 of the	3801
Revised Code shall be filed in the office of the board of county	3802
commissioners, and the clerk shall cause the petition to be	3803
entered upon the record of proceedings of the board, which entry	3804
shall be the first official act of the board on the annexation	3805
petition, and shall cause the petition to be filed in the office	3806
of the county auditor, where it shall be subject to the inspection	3807
of any interested person. The agent for the petitioners shall	3808
cause written notice of the filing of the petition with the board	3809
of county commissioners and the date of suchthe filing to be	3810
delivered to the clerk of the legislative authority of the	3811
municipal corporation to which annexation is proposed and to the	3812
clerkfiscal officer of each township any portion of which is	3813
included within the territory sought to be annexed. Any person who	3814
signed the petition for annexation petition may remove histhe	3815
person's signature by filing with the clerk of the board of county	3816
commissioners a written notice of withdrawal of histhe person's	3817
signature within twenty days after such athe notice of filing is	3818
delivered to the clerkfiscal officer of the township in which he	3819
the person resides. Thereafter, signatures may be withdrawn or	3820
removed only in the manner authorized by section 709.032 of the	3821
Revised Code.	3822

Sec. 709.033.  (A) After the hearing on a petition for	3823
annexation, the board of county commissioners shall enter upon its	3824
journal a resolution granting the annexation if it finds, based	3825
upon a preponderance of the substantial, reliable, and probative	3826
evidence on the whole record, that each of the following	3827
conditions has been met:	3828

(1) The petition meets all the requirements set forth in, and	3829
was filed in the manner provided in, section 709.02 of the Revised	3830
Code.	3831

(2) The persons who signed the petition are owners of real	3832
estate located in the territory proposed to be annexed in the	3833
petition, and, as of the time the petition was filed with the	3834
board of county commissioners, the number of valid signatures on	3835
the petition constituted a majority of the owners of real estate	3836
in that territory.	3837

(3) The municipal corporation to which the territory is	3838
proposed to be annexed has complied with division (D) of section	3839
709.03 of the Revised Code.	3840

(4) The territory proposed to be annexed is not unreasonably	3841
large.	3842

(5) On balance, the general good of the territory proposed to	3843
be annexed will be served, and the benefits to the territory	3844
proposed to be annexed and the surrounding area will outweigh the	3845
detriments to the territory proposed to be annexed and the	3846
surrounding area, if the annexation petition is granted. As used	3847
in division (A)(5) of this section, "surrounding area" means the	3848
territory within the unincorporated area of any township located	3849
one-half mile or less from any of the territory proposed to be	3850
annexed.	3851

(6) No street or highway will be divided or segmented by the	3852
boundary line between a township and the municipal corporation as	3853
to create a road maintenance problem, or, if a street or highway	3854
will be so divided or segmented, the municipal corporation has	3855
agreed, as a condition of the annexation, that it will assume the	3856
maintenance of that street or highway. For the purposes of this	3857
division, "street" or "highway" has the same meaning as in section	3858
4511.01 of the Revised Code.	3859

(B) The board of county commissioners shall enter upon its	3860
journal a resolution granting or denying the petition for	3861
annexation within thirty days after the hearing provided for in	3862
section 709.032 of the Revised Code. The resolution shall include	3863
specific findings of fact as to whether each of the conditions	3864
listed in divisions (A)(1) to (6) of this section has been met.	3865
Upon journalization of the resolution, the clerk of the board	3866
shall send a certified copy of it to the agent for the	3867
petitioners, the clerk of the legislative authority of the	3868
municipal corporation to which annexation is proposed, the clerk	3869
fiscal officer of each township in which the territory proposed	3870
for annexation is located, and the clerk of the board of county	3871
commissioners of each county in which the territory proposed for	3872
annexation is located other than the county in which the petition	3873
is filed. The clerk of the board shall take no further action	3874
until the expiration of thirty days after the date of	3875
journalization.	3876

(C) After the expiration of that thirty-day period, if no	3877
appeal has been timely filed under section 709.07 of the Revised	3878
Code, the clerk of the board of county commissioners shall take	3879
one of the following actions:	3880

(1) If the board granted the petition for annexation, the	3881
clerk shall deliver a certified copy of the entire record of the	3882
annexation proceedings, including all resolutions of the board,	3883
signed by a majority of the members of the board, the petition,	3884
map, and all other papers on file, the recording of the	3885
proceedings, if a copy is available, and exhibits presented at the	3886
hearing relating to the annexation proceedings, to the auditor or	3887
clerk of the municipal corporation to which annexation is	3888
proposed.	3889

(2) If the board denied the petition for annexation, the	3890
clerk shall send a certified copy of its resolution denying the	3891
annexation to the agent for the petitioners and to the clerk of	3892
the municipal corporation to which the annexation was proposed.	3893

(D) If an appeal is filed in a timely manner under section	3894
709.07 of the Revised Code from the determination of the board of	3895
county commissioners granting or denying the petition for	3896
annexation, the clerk of the board shall take further action only	3897
in accordance with that section.	3898

Sec. 709.46.  (A) If the question of merging one or more	3899
municipal corporations and the unincorporated area of a township,	3900
as provided in section 709.45 of the Revised Code, is disapproved	3901
by a majority of those voting on it in the township or a municipal	3902
corporation proposed to be merged or in the municipal corporation	3903
with which merger is proposed, no further petitions shall be filed	3904
under that section proposing the same merger for at least three	3905
years after the date of that disapproval.	3906

If the question of merging is approved by a majority of those	3907
voting on it in each political subdivision proposed to be merged	3908
and in the municipal corporation with which merger is proposed,	3909
the five candidates from each of those political subdivisions	3910
shall be elected to the commission to formulate the conditions of	3911
merging the political subdivisions. The first meeting of the	3912
commission shall be held in the chamber of the legislative	3913
authority of the municipal corporation that has the smallest	3914
population or, in the case of a merger of the unincorporated area	3915
of a township and one or more municipal corporations, in the	3916
office of the board of township trustees, at nine a.m. on the	3917
tenth day after the certification of the election by the last of	3918
the respective boards of elections to make that certification,	3919
unless that day is a Saturday, Sunday, or holiday, in which case	3920
the first meeting shall be held on the next day thereafter which	3921
is not a Saturday, Sunday, or holiday.	3922

The clerk of the municipal legislative authority or the	3923
fiscal officer of the board of township trustees in whose chamber	3924
or office the first meeting of the commission is held shall serve	3925
as temporary chairperson until permanent officers are elected. The	3926
commission shall elect its own permanent officers and shall	3927
proceed to meet as often as necessary to formulate conditions for	3928
merger that are satisfactory to a majority of the members of the	3929
commission from each political subdivision.	3930

(B) In case of a vacancy on the commission, the vacancy shall	3931
be filled by an appointee of the legislative authority of the	3932
municipal corporation, or the board of township trustees of the	3933
township, that the prior commissioner represented. The person	3934
appointed to fill the vacancy shall be an elector of that	3935
political subdivision and, if the person is representing a	3936
township, shall reside in the unincorporated area of that	3937
township.	3938

(C) The costs of the commission shall be divided among the	3939
participating political subdivisions in proportion to the	3940
population that each participating political subdivision bears to	3941
the total population of the territory proposed to be merged. For	3942
these purposes, a township's population shall be based solely upon	3943
the population of the unincorporated area of the township proposed	3944
to be merged. It shall be a proper public purpose for a municipal	3945
corporation or township to expend general fund moneys for these	3946
payments.	3947

(D) All meetings of the commission shall be subject to the	3948
requirements of section 121.22 of the Revised Code.	3949

Sec. 711.05.  (A) Upon the submission of a plat for approval,	3950
in accordance with section 711.041 of the Revised Code, the board	3951
of county commissioners shall certify on it the date of the	3952
submission. Within five days of submission of the plat, the board	3953
shall schedule a meeting to consider the plat and send a written	3954
notice by regular mail to the clerkfiscal officer of the board of	3955
township trustees of the township in which the plat is located and	3956
the board of health of the health district in which the plat is	3957
located. The notice shall inform the trustees and the board of	3958
health of the submission of the plat and of the date, time, and	3959
location of any meeting at which the board of county commissioners	3960
will consider or act upon the proposed plat. The meeting shall	3961
take place within thirty days of submission of the plat, and no	3962
meeting shall be held until at least seven days have passed from	3963
the date the notice was sent by the board of county commissioners.	3964
The approval of the board required by section 711.041 of the	3965
Revised Code or the refusal to approve shall take place within	3966
thirty days from the date of submission or such further time as	3967
the applying party may agree to in writing; otherwise, the plat is	3968
deemed approved and may be recorded as if bearing such approval.	3969

(B) The board may adopt general rules governing plats and	3970
subdivisions of land falling within its jurisdiction, to secure	3971
and provide for the coordination of the streets within the	3972
subdivision with existing streets and roads or with existing	3973
county highways, for the proper amount of open spaces for traffic,	3974
circulation, and utilities, and for the avoidance of future	3975
congestion of population detrimental to the public health, safety,	3976
or welfare, but shall not impose a greater minimum lot area than	3977
forty-eight hundred square feet. Before the board may amend or	3978
adopt rules, it shall notify all the townships in the county of	3979
the proposed amendments or rules by regular mail at least thirty	3980
days before the public meeting at which the proposed amendments or	3981
rules are to be considered.	3982

The rules may require the board of health to review and	3983
comment on a plat before the board of county commissioners acts	3984
upon it and may also require proof of compliance with any	3985
applicable zoning resolutions, and with household sewage treatment	3986
rules adopted under section 3718.02 of the Revised Code, as a	3987
basis for approval of a plat. Where under section 711.101 of the	3988
Revised Code the board of county commissioners has set up	3989
standards and specifications for the construction of streets,	3990
utilities, and other improvements for common use, the general	3991
rules may require the submission of appropriate plans and	3992
specifications for approval. The board shall not require the	3993
person submitting the plat to alter the plat or any part of it as	3994
a condition for approval, as long as the plat is in accordance	3995
with general rules governing plats and subdivisions of land,	3996
adopted by the board as provided in this section, in effect at the	3997
time the plat was submitted and the plat is in accordance with any	3998
standards and specifications set up under section 711.101 of the	3999
Revised Code, in effect at the time the plat was submitted.	4000

(C) The ground of refusal to approve any plat, submitted in	4001
accordance with section 711.041 of the Revised Code, shall be	4002
stated upon the record of the board, and, within sixty days	4003
thereafter, the person submitting any plat that the board refuses	4004
to approve may file a petition in the court of common pleas of the	4005
county in which the land described in the plat is situated to	4006
review the action of the board. A board of township trustees is	4007
not entitled to appeal a decision of the board of county	4008
commissioners under this section.	4009

Sec. 711.10. (A) Whenever a county planning commission or a	4010
regional planning commission adopts a plan for the major streets	4011
or highways of the county or region, no plat of a subdivision of	4012
land within the county or region, other than land within a	4013
municipal corporation or land within three miles of a city or one	4014
and one-half miles of a village as provided in section 711.09 of	4015
the Revised Code, shall be recorded until it is approved by the	4016
county or regional planning commission under division (C) of this	4017
section and the approval is endorsed in writing on the plat.	4018

(B) A county or regional planning commission may require the	4019
submission of a preliminary plan for each plat sought to be	4020
recorded. If the commission requires this submission, it shall	4021
provide for a review process for the preliminary plan. Under this	4022
review process, the planning commission shall give its approval,	4023
its approval with conditions, or its disapproval of each	4024
preliminary plan. The commission's decision shall be in writing,	4025
shall be under the signature of the secretary of the commission,	4026
and shall be issued within thirty-five business days after the	4027
submission of the preliminary plan to the commission. The	4028
disapproval of a preliminary plan shall state the reasons for the	4029
disapproval. A decision of the commission under this division is	4030
preliminary to and separate from the commission's decision to	4031
approve, conditionally approve, or refuse to approve a plat under	4032
division (C) of this section.	4033

(C) Within five calendar days after the submission of a plat	4034
for approval under this division, the county or regional planning	4035
commission shall schedule a meeting to consider the plat and send	4036
a notice by regular mail or by electronic mail to the clerkfiscal	4037
officer of the board of township trustees of the township in which	4038
the plat is located and the board of health of the health district	4039
in which the plat is located. The notice shall inform the trustees	4040
and the board of health of the submission of the plat and of the	4041
date, time, and location of any meeting at which the county or	4042
regional planning commission will consider or act upon the plat.	4043
The meeting shall take place within thirty calendar days after	4044
submission of the plat, and no meeting shall be held until at	4045
least seven calendar days have passed from the date the planning	4046
commission sent the notice.	4047

The approval of the county or regional planning commission,	4048
the commission's conditional approval as described in this	4049
division, or the refusal of the commission to approve shall be	4050
endorsed on the plat within thirty calendar days after the	4051
submission of the plat for approval under this division or within	4052
such further time as the applying party may agree to in writing;	4053
otherwise that plat is deemed approved, and the certificate of the	4054
commission as to the date of the submission of the plat for	4055
approval under this division and the failure to take action on it	4056
within that time shall be sufficient in lieu of the written	4057
endorsement or evidence of approval required by this division.	4058

A county or regional planning commission may grant	4059
conditional approval under this division to a plat by requiring a	4060
person submitting the plat to alter the plat or any part of it,	4061
within a specified period after the end of the thirty calendar	4062
days, as a condition for final approval under this division. Once	4063
all the conditions have been met within the specified period, the	4064
commission shall cause its final approval under this division to	4065
be endorsed on the plat. No plat shall be recorded until it is	4066
endorsed with the commission's final or unconditional approval	4067
under this division.	4068

The ground of refusal of approval of any plat submitted under	4069
this division, including citation of or reference to the rule	4070
violated by the plat, shall be stated upon the record of the	4071
county or regional planning commission. Within sixty calendar days	4072
after the refusal under this division, the person submitting any	4073
plat that the commission refuses to approve under this division	4074
may file a petition in the court of common pleas of the proper	4075
county, and the proceedings on the petition shall be governed by	4076
section 711.09 of the Revised Code as in the case of the refusal	4077
of a planning authority to approve a plat. A board of township	4078
trustees is not entitled to appeal a decision of the commission	4079
under this division.	4080

A county or regional planning commission shall adopt general	4081
rules, of uniform application, governing plats and subdivisions of	4082
land falling within its jurisdiction, to secure and provide for	4083
the proper arrangement of streets or other highways in relation to	4084
existing or planned streets or highways or to the county or	4085
regional plan, for adequate and convenient open spaces for	4086
traffic, utilities, access of firefighting apparatus, recreation,	4087
light, and air, and for the avoidance of congestion of population.	4088
The rules may provide for their modification by the commission in	4089
specific cases where unusual topographical and other exceptional	4090
conditions require the modification. The rules may require the	4091
board of health to review and comment on a plat before the	4092
commission acts upon it and also may require proof of compliance	4093
with any applicable zoning resolutions, and with household sewage	4094
treatment rules adopted under section 3718.02 of the Revised Code,	4095
as a basis for approval of a plat.	4096

Before adoption of its rules or amendment of its rules, the	4097
commission shall hold a public hearing on the adoption or	4098
amendment. Notice of the public hearing shall be sent to all	4099
townships in the county or region by regular mail or electronic	4100
mail at least thirty business days before the hearing. No county	4101
or regional planning commission shall adopt any rules requiring	4102
actual construction of streets or other improvements or facilities	4103
or assurance of that construction as a condition precedent to the	4104
approval of a plat of a subdivision unless the requirements have	4105
first been adopted by the board of county commissioners after a	4106
public hearing. A copy of the rules shall be certified by the	4107
planning commission to the county recorders of the appropriate	4108
counties.	4109

After a county or regional street or highway plan has been	4110
adopted as provided in this section, the approval of plats and	4111
subdivisions provided for in this section shall be in lieu of any	4112
approvals provided for in other sections of the Revised Code,	4113
insofar as the territory within the approving jurisdiction of the	4114
county or regional planning commission, as provided in this	4115
section, is concerned. Approval of a plat shall not be an	4116
acceptance by the public of the dedication of any street, highway,	4117
or other way or open space shown upon the plat.	4118

No county or regional planning commission shall require a	4119
person submitting a plat to alter the plat or any part of it as	4120
long as the plat is in accordance with the general rules governing	4121
plats and subdivisions of land, adopted by the commission as	4122
provided in this section, in effect at the time the plat is	4123
submitted.	4124

A county or regional planning commission and a city or	4125
village planning commission, or platting commissioner or	4126
legislative authority of a village, with subdivision regulation	4127
jurisdiction over unincorporated territory within the county or	4128
region may cooperate and agree by written agreement that the	4129
approval of a plat by the city or village planning commission, or	4130
platting commissioner or legislative authority of a village, as	4131
provided in section 711.09 of the Revised Code, shall be	4132
conditioned upon receiving advice from or approval by the county	4133
or regional planning commission.	4134

(D) As used in this section, "business day" means a day of	4135
the week excluding Saturday, Sunday, or a legal holiday as defined	4136
in section 1.14 of the Revised Code.	4137

Sec. 715.691.  (A) As used in this section:

4138

(1) "Contracting party" means a municipal corporation that	4139
has entered into a joint economic development zone contract or any	4140
party succeeding to such athe municipal corporation, or a	4141
township that entered into a joint economic development zone	4142
contract with a municipal corporation.	4143

(2) "Zone" means a joint economic development zone designated	4144
under this section.	4145

(B) This section provides alternative procedures and	4146
requirements for creating and operating a joint economic	4147
development zone to those set forth in section 715.69 of the	4148
Revised Code. This section applies only if one of the contracting	4149
parties to the zone does not levy a municipal income tax under	4150
Chapter 718. of the Revised Code. A municipal corporation that	4151
does not levy a municipal income tax may enter into an agreement	4152
to create and operate a joint economic development zone under this	4153
section or under section 715.69 of the Revised Code.	4154

Two or more municipal corporations or one or more townships	4155
and one or more municipal corporations may enter into a contract	4156
whereby they agree to share in the costs of improvements for an	4157
area or areas located in one or more of the contracting parties	4158
that they designate as a joint economic development zone for the	4159
purpose of facilitating new or expanded growth for commercial or	4160
economic development in the state. The contract and zone shall	4161
meet the requirements of divisions (B) to (J) of this section.	4162

(C) The contract shall set forth each contracting party's	4163
contribution to the joint economic development zone. The	4164
contributions may be in any form that the contracting parties	4165
agree to, and may include, but are not limited to, the provision	4166
of services, money, or equipment. The contract may be amended,	4167
renewed, or terminated with the consent of the contracting	4168
parties. The contract shall continue in existence throughout the	4169
term it specifies and shall be binding on the contracting parties	4170
and on any entities succeeding to the contracting parties.	4171

(D) Before the legislative authority of any of the	4172
contracting parties enacts an ordinance or resolution approving a	4173
contract to designate a joint economic development zone, the	4174
legislative authority of each of the contracting parties shall	4175
hold a public hearing concerning the contract and zone. Each such	4176
legislative authority shall provide at least thirty days' public	4177
notice of the time and place of the public hearing in a newspaper	4178
of general circulation in the municipal corporation or township.	4179
During the thirty-day period prior to the public hearing, all of	4180
the following documents shall be available for public inspection	4181
in the office of the clerk of the legislative authority of eacha	4182
municipal corporation that is a contracting party and in the	4183
office of the fiscal officer of thea township that is a	4184
contracting partiesparty:	4185

(1) A copy of the contract designating the zone;

4186

(2) A description of the area or areas to be included in the	4187
zone, including a map in sufficient detail to denote the specific	4188
boundaries of the area or areas;	4189

(3) An economic development plan for the zone that includes a	4190
schedule for the provision of any new, expanded, or additional	4191
services, facilities, or improvements.	4192

A public hearing held under division (D) of this section	4193
shall allow for public comment and recommendations on the contract	4194
and zone. The contracting parties may include in the contract any	4195
of those recommendations prior to approval of the contract.	4196

(E) After the public hearings required under division (D) of	4197
this section have been held, each contracting party may enact an	4198
ordinance or resolution approving the contract to designate a	4199
joint economic development zone. After each contracting party has	4200
enacted such an ordinance or resolution, the clerk of the	4201
legislative authority of eacha municipal corporation that is a	4202
contracting party and the fiscal officer of a township that is a	4203
contracting party shall file with the board of elections of each	4204
county within which a contracting party is located a copy of the	4205
ordinance or resolution approving the contract and shall direct	4206
the board of elections to submit the ordinance or resolution to	4207
the electors of the contracting party on the day of the next	4208
general, primary, or special election occurring at least	4209
seventy-five days after the ordinance or resolution is filed with	4210
the board of elections. If any of the contracting parties is a	4211
township, however, then only the township or townships shall	4212
submit the resolution to the electors.	4213

(F)(1) If a vote is required to approve a municipal	4214
corporation as a contracting party to a joint economic development	4215
zone under this section, the ballot shall be in the following	4216
form:	4217

"Shall the ordinance of the legislative authority of the	4218
(city or village) of (name of contracting party) approving the	4219
contract with (name of each other contracting party) for the	4220
designation of a joint economic development zone be approved?	4221

4222

		FOR THE ORDINANCE AND CONTRACT			4223
		AGAINST THE ORDINANCE AND CONTRACT	"		4224

4225

(2) If a vote is required to approve a township as a	4226
contracting party to a joint economic development zone under this	4227
section, the ballot shall be in the following form:	4228

"Shall the resolution of the board of township trustees of	4229
the township of (name of contracting party) approving the contract	4230
with (name of each other contracting party) for the designation of	4231
a joint economic development zone be approved?	4232

4233

		FOR THE RESOLUTION AND CONTRACT			4234
		AGAINST THE RESOLUTION AND CONTRACT	"		4235

4236

If a majority of the electors of each contracting party	4237
voting on the issue vote for the ordinance or resolution and	4238
contract, the ordinance or resolution shall become effective	4239
immediately and the contract shall go into effect immediately or	4240
in accordance with its terms.	4241

(G)(1) A board of directors shall govern each joint economic	4242
development zone created under section 715.691 of the Revised	4243
Code. The members of the board shall be appointed as provided in	4244
the contract. Each of the contracting parties shall appoint three	4245
members to the board. Terms for each member shall be for two	4246
years, each term ending on the same day of the month of the year	4247
as did the term that it succeeds. A member may be reappointed to	4248
the board.	4249

(2) Membership on the board is not the holding of a public	4250
office or employment within the meaning of any section of the	4251
Revised Code or any charter provision prohibiting the holding of	4252
other public office or employment. Membership on the board is not	4253
a direct or indirect interest in a contract or expenditure of	4254
money by a municipal corporation, township, county, or other	4255
political subdivision with which a member may be affiliated.	4256
Notwithstanding any provision of law or a charter to the contrary,	4257
no member of the board shall forfeit or be disqualified from	4258
holding any public office or employment by reason of membership on	4259
the board.	4260

(3) The board is a public body for the purposes of section	4261
121.22 of the Revised Code. Chapter 2744. of the Revised Code	4262
applies to the board and the zone.	4263

(H) The contract may grant to the board of directors	4264
appointed under division (G) of this section the power to adopt a	4265
resolution to levy an income tax within the zone. The income tax	4266
shall be used for the purposes of the zone and for the purposes of	4267
the contracting municipal corporations pursuant to the contract.	4268
The income tax may be levied in the zone based on income earned by	4269
persons working within the zone and on the net profits of	4270
businesses located in the zone. The income tax is subject to	4271
Chapter 718. of the Revised Code, except that a vote shall be	4272
required by the electors residing in the zone to approve the rate	4273
of income tax unless a majority of the electors residing within	4274
the zone, as determined by the total number of votes cast in the	4275
zone for the office of governor at the most recent general	4276
election for that office, submit a petition to the board	4277
requesting that the election provided for in division (H)(1) of	4278
this section not be held. If no electors reside within the zone,	4279
then division (H)(3) of this section applies. The rate of the	4280
income tax shall be no higher than the highest rate being levied	4281
by a municipal corporation that is a party to the contract.	4282

(1) The board of directors may levy an income tax at a rate	4283
that is not higher than the highest rate being levied by a	4284
municipal corporation that is a party to the contract, provided	4285
that the rate of the income tax is first submitted to and approved	4286
by the electors of the zone at the succeeding regular or primary	4287
election, or a special election called by the board, occurring	4288
subsequent to seventy-five days after a certified copy of the	4289
resolution levying the income tax and calling for the election is	4290
filed with the board of elections. If the voters approve the levy	4291
of the income tax, the income tax shall be in force for the full	4292
period of the contract establishing the zone. No election shall be	4293
held under this section if a majority of the electors residing	4294
within the zone, determined as specified in division (H) of this	4295
section, submit a petition to that effect to the board of	4296
directors. Any increase in the rate of an income tax by the board	4297
of directors shall be approved by a vote of the electors of the	4298
zone and shall be in force for the remaining period of the	4299
contract establishing the zone.	4300

(2) Whenever a zone is located in the territory of more than	4301
one contracting party, a majority vote of the electors in each of	4302
the several portions of the territory of the contracting parties	4303
constituting the zone approving the levy of the tax is required	4304
before it may be imposed under division (H) of this section.	4305

(3) If no electors reside in the zone, no election for the	4306
approval or rejection of an income tax shall be held under this	4307
section, provided that where no electors reside in the zone, the	4308
rate of the income tax shall be no higher than the highest rate	4309
being levied by a municipal corporation that is a party to the	4310
contract.	4311

(4) The board of directors of a zone levying an income tax	4312
shall enter into an agreement with one of the municipal	4313
corporations that is a party to the contract to administer,	4314
collect, and enforce the income tax on behalf of the zone.	4315

(5) The board of directors of a zone shall publish or post	4316
public notice within the zone of any resolution adopted levying an	4317
income tax in the same manner required of municipal corporations	4318
under sections 731.21 and 731.25 of the Revised Code.	4319

(I)(1) If for any reason a contracting party reverts to or	4320
has its boundaries changed so that it is classified as a township	4321
that is the entity succeeding to that contracting party, the	4322
township is considered to be a municipal corporation for the	4323
purposes of the contract for the full period of the contract	4324
establishing the joint economic development zone, except that if	4325
that contracting party is administering, collecting, and enforcing	4326
the income tax on behalf of the district as provided in division	4327
(H)(4) of this section, the contract shall be amended to allow one	4328
of the other contracting parties to administer, collect, and	4329
enforce that tax.	4330

(2) Notwithstanding any other section of the Revised Code, if	4331
there is any change in the boundaries of a township so that a	4332
municipal corporation once located within the township is no	4333
longer so located, the township shall remain in existence even	4334
though its remaining unincorporated area contains less than	4335
twenty-two square miles, if the township has been or becomes a	4336
party to a contract creating a joint economic development zone	4337
under this section or the contract creating that joint economic	4338
development zone under this section is terminated or repudiated	4339
for any reason by any party or person. The township shall continue	4340
its existing status in all respects, including having the same	4341
form of government and the same elected board of trustees as its	4342
governing body. The township shall continue to receive all of its	4343
tax levies and sources of income as a township in accordance with	4344
any section of the Revised Code, whether suchthe levies and	4345
sources of income generate millage within the ten-mill limitation	4346
or in excess of the ten-mill limitation. The name of the township	4347
may be changed to the name of the contracting party appearing in	4348
the contract creating a joint economic development zone under this	4349
section, so long as the name does not conflict with any other name	4350
in the state that has been certified by the secretary of state.	4351
The township shall have all of the powers set out in sections	4352
715.79, 715.80, and 715.81 of the Revised Code.	4353

(J) If, after creating and operating a joint economic	4354
development zone under this section, a contracting party that did	4355
not levy a municipal income tax under Chapter 718. of the Revised	4356
Code levies such a tax, the tax shall not apply to the zone for	4357
the full period of the contract establishing the zone, if the	4358
board of directors of the zone has levied an income tax as	4359
provided in division (H) of this section.	4360

Sec. 715.70.  (A) This section and section 715.71 of the	4361
Revised Code apply only to:	4362

(1) Municipal corporations and townships within a county that	4363
has adopted a charter under Sections 3 and 4 of Article X, Ohio	4364
Constitution;	4365

(2) Municipal corporations and townships that have created a	4366
joint economic development district comprised entirely of real	4367
property owned by a municipal corporation at the time the district	4368
was created under this section. The real property owned by the	4369
municipal corporation shall include an airport owned by the	4370
municipal corporation and located entirely beyond the municipal	4371
corporation's corporate boundary.	4372

(3) Municipal corporations or townships that are part of or	4373
contiguous to a transportation improvement district created under	4374
Chapter 5540. of the Revised Code and that have created a joint	4375
economic development district under this section or section 715.71	4376
of the Revised Code prior to November 15, 1995;	4377

(4) Municipal corporations that have previously entered into	4378
a contract creating a joint economic development district pursuant	4379
to division (A)(2) of this section, even if the territory to be	4380
included in the district does not meet the requirements of that	4381
division.	4382

(B)(1) One or more municipal corporations and one or more	4383
townships may enter into a contract approved by the legislative	4384
authority of each contracting party pursuant to which they create	4385
as a joint economic development district an area or areas for the	4386
purpose of facilitating economic development to create or preserve	4387
jobs and employment opportunities and to improve the economic	4388
welfare of the people in the state and in the area of the	4389
contracting parties. A municipal corporation described in division	4390
(A)(4) of this section may enter into a contract with other	4391
municipal corporations and townships to create a new joint	4392
economic development district. In a district that includes a	4393
municipal corporation described in division (A)(4) of this	4394
section, the territory of each of the contracting parties shall be	4395
contiguous to the territory of at least one other contracting	4396
party, or contiguous to the territory of a township or municipal	4397
corporation that is contiguous to another contracting party, even	4398
if the intervening township or municipal corporation is not a	4399
contracting party. The area or areas of land to be included in the	4400
district shall not include any parcel of land owned in fee by a	4401
municipal corporation or a township or parcel of land that is	4402
leased to a municipal corporation or a township, unless the	4403
municipal corporation or township is a party to the contract or	4404
unless the municipal corporation or township has given its consent	4405
to have its parcel of land included in the district by the	4406
adoption of a resolution. As used in this division, "parcel of	4407
land" means any parcel of land owned by a municipal corporation or	4408
a township for at least a six-month period within a five-year	4409
period prior to the creation of a district, but "parcel of land"	4410
does not include streets or public ways and sewer, water, and	4411
other utility lines whether owned in fee or otherwise.	4412

The district created shall be located within the territory of	4413
one or more of the participating parties and may consist of all or	4414
a portion of such territory. The boundaries of the district shall	4415
be described in the contract or in an addendum to the contract.	4416

(2) Prior to the public hearing to be held pursuant to	4417
division (D)(2) of this section, the participating parties shall	4418
give a copy of the proposed contract to each municipal corporation	4419
located within one-quarter mile of the proposed joint economic	4420
development district and not otherwise a party to the contract,	4421
and afford the municipal corporation the reasonable opportunity,	4422
for a period of thirty days following receipt of the proposed	4423
contract, to make comments and suggestions to the participating	4424
parties regarding elements contained in the proposed contract.	4425

(3) The district shall not exceed two thousand acres in area.	4426
The territory of the district shall not completely surround	4427
territory that is not included within the boundaries of the	4428
district.	4429

(4) Sections 503.07 to 503.12 of the Revised Code do not	4430
apply to territory included within a district created pursuant to	4431
this section as long as the contract creating the district is in	4432
effect, unless the legislative authority of each municipal	4433
corporation and the board of township trustees of each township	4434
included in the district consent, by ordinance or resolution, to	4435
the application of those sections of the Revised Code.	4436

(5) Upon the execution of the contract creating the district	4437
by the parties to the contract, a participating municipal	4438
corporation or township included within the district shall file a	4439
copy of the fully executed contract with the county recorder of	4440
each county within which a party to the contract is located, in	4441
the miscellaneous records of the county. No annexation proceeding	4442
pursuant to Chapter 709. of the Revised Code that proposes the	4443
annexation to, merger, or consolidation with a municipal	4444
corporation of any unincorporated territory within the district	4445
shall be commenced for a period of three years after the contract	4446
is filed with the county recorder of each county within which a	4447
party to the contract is located unless each board of township	4448
trustees whose territory is included, in whole or part, within the	4449
district and the territory proposed to be annexed, merged, or	4450
consolidated adopts a resolution consenting to the commencement of	4451
the proceeding and a copy of the resolution is filed with the	4452
legislative authority of each county within which a party to the	4453
contract is located or unless the contract is terminated during	4454
this period.	4455

The contract entered into between the municipal corporations	4456
and townships pursuant to this section may provide for the	4457
prohibition of any annexation by the participating municipal	4458
corporations of any unincorporated territory within the district	4459
beyond the three-year mandatory prohibition of any annexation	4460
provided for in division (B)(5) of this section.	4461

(C)(1) After the legislative authority of a municipal	4462
corporation and the board of township trustees have adopted an	4463
ordinance and resolution approving a contract to create a joint	4464
economic development district pursuant to this section, and after	4465
a contract has been signed, the municipal corporations and	4466
townships shall jointly file a petition with the legislative	4467
authority of each county within which a party to the contract is	4468
located.	4469

(a) The petition shall contain all of the following:

4470

(i) A statement that the area or areas of the district is not	4471
greater than two thousand acres and is located within the	4472
territory of one or more of the contracting parties;	4473

(ii) A brief summary of the services to be provided by each	4474
party to the contract or a reference to the portion of the	4475
contract describing those services;	4476

(iii) A description of the area or areas to be designated as	4477
the district;	4478

(iv) The signature of a representative of each of the	4479
contracting parties.	4480

(b) The following documents shall be filed with the petition:

4481

(i) A signed copy of the contract, together with copies of	4482
district maps and plans related to or part of the contract;	4483

(ii) A certified copy of the ordinances and resolutions of	4484
the contracting parties approving the contract;	4485

(iii) A certificate from each of the contracting parties	4486
indicating that the public hearings required by division (D)(2) of	4487
this section have been held, the date of the hearings, and	4488
evidence of publication of the notice of the hearings;	4489

(iv) One or more signed statements of persons who are owners	4490
of property located in whole or in part within the area to be	4491
designated as the district, requesting that suchthe property be	4492
included within the district, provided that those statements shall	4493
represent a majority of the persons owning property located in	4494
whole or in part within the district and persons owning a majority	4495
of the acreage located within the district. A signature may be	4496
withdrawn by the signer up to but not after the time of the public	4497
hearing required by division (D)(2) of this section.	4498

(2) The legislative authority of each county within which a	4499
party to the contract is located shall adopt a resolution	4500
approving the petition for the creation of the district if the	4501
petition and other documents have been filed in accordance with	4502
the requirements of division (C)(1) of this section. If the	4503
petition and other documents do not substantially meet the	4504
requirements of that division, the legislative authority of any	4505
county within which a party to the contract is located may adopt a	4506
resolution disapproving the petition for the creation of the	4507
district. The legislative authority of each county within which a	4508
party to the contract is located shall adopt a resolution	4509
approving or disapproving the petition within thirty days after	4510
the petition was filed. If the legislative authority of each such	4511
county does not adopt the resolution within the thirty-day period,	4512
the petition shall be deemed approved and the contract shall go	4513
into effect immediately after that approval or at such other time	4514
as the contract specifies.	4515

(D)(1) The contract creating the district shall set forth or	4516
provide for the amount or nature of the contribution of each	4517
municipal corporation and township to the development and	4518
operation of the district and may provide for the sharing of the	4519
costs of the operation of and improvements for the district. The	4520
contributions may be in any form to which the contracting	4521
municipal corporations and townships agree and may include but are	4522
not limited to the provision of services, money, real or personal	4523
property, facilities, or equipment. The contract may provide for	4524
the contracting parties to share revenue from taxes levied on	4525
property by one or more of the contracting parties if those	4526
revenues may lawfully be applied to that purpose under the	4527
legislation by which those taxes are levied. The contract shall	4528
provide for new, expanded, or additional services, facilities, or	4529
improvements, including expanded or additional capacity for or	4530
other enhancement of existing services, facilities, or	4531
improvements, provided that those services, facilities, or	4532
improvements, or expanded or additional capacity for or	4533
enhancement of existing services, facilities, or improvements,	4534
required herein have been provided within the two-year period	4535
prior to the execution of the contract.	4536

(2) Before the legislative authority of a municipal	4537
corporation or a board of township trustees passes any ordinance	4538
or resolution approving a contract to create a joint economic	4539
development district pursuant to this section, the legislative	4540
authority of the municipal corporation and the board of township	4541
trustees shall each hold a public hearing concerning the joint	4542
economic development district contract and shall provide thirty	4543
days' public notice of the time and place of the public hearing in	4544
a newspaper of general circulation in the municipal corporation	4545
and the township. The board of township trustees may provide	4546
additional notice to township residents in accordance with section	4547
9.03 of the Revised Code, and any such additional notice shall	4548
include the public hearing announcement; a summary of the terms of	4549
the contract; a statement that the entire text of the contract and	4550
district maps and plans are on file for public examination in the	4551
office of the township clerkfiscal officer; and information	4552
pertaining to any tax changes whichthat will or may occur as a	4553
result of the contract.	4554

During the thirty-day period prior to the public hearing, a	4555
copy of the text of the contract together with copies of district	4556
maps and plans related to or part of the contract shall be on	4557
file, for public examination, in the offices of the clerk of the	4558
legislative authority of the municipal corporation and of the	4559
township clerkfiscal officer. The public hearing provided for in	4560
division (D)(2) of this section shall allow for public comment and	4561
recommendations from the public on the proposed contract. The	4562
contracting parties may include in the contract any of those	4563
recommendations prior to the approval of the contract.	4564

(3) Any resolution of the board of township trustees that	4565
approves a contract that creates a joint economic development	4566
district pursuant to this section shall be subject to a referendum	4567
of the electors of the township. When a referendum petition,	4568
signed by ten per cent of the number of electors in the township	4569
who voted for the office of governor at the most recent general	4570
election for the office of governor, is presented to the board of	4571
township trustees within thirty days after the board of township	4572
trustees adopted the resolution, ordering that the resolution be	4573
submitted to the electors of the township for their approval or	4574
rejection, the board of township trustees shall, after ten days	4575
and not later than four p.m. of the seventy-fifth day before the	4576
election, certify the text of the resolution to the board of	4577
elections. The board of elections shall submit the resolution to	4578
the electors of the township for their approval or rejection at	4579
the next general, primary, or special election occurring	4580
subsequent to seventy-five days after the certifying of the	4581
petition to the board of elections.	4582

(4) Upon the creation of a district under this section or	4583
section 715.71 of the Revised Code, one of the contracting parties	4584
shall file a copy of the following with the director of	4585
development:	4586

(a) The petition and other documents described in division	4587
(C)(1) of this section, if the district is created under this	4588
section;	4589

(b) The documents described in division (D) of section 715.71	4590
of the Revised Code, if the district is created under this	4591
section;.	4592

(E) The district created by the contract shall be governed by	4593
a board of directors that shall be established by or pursuant to	4594
the contract. The board is a public body for the purposes of	4595
section 121.22 of the Revised Code. The provisions of Chapter	4596
2744. of the Revised Code apply to the board and the district. The	4597
members of the board shall be appointed as provided in the	4598
contract from among the elected members of the legislative	4599
authorities and the elected chief executive officers of the	4600
contracting parties, provided that there shall be at least two	4601
members appointed from each of the contracting parties.	4602

(F) The contract shall enumerate the specific powers, duties,	4603
and functions of the board of directors of a district, and the	4604
contract shall provide for the determination of procedures that	4605
are to govern the board of directors. The contract may grant to	4606
the board the power to adopt a resolution to levy an income tax	4607
within the district. The income tax shall be used for the purposes	4608
of the district and for the purposes of the contracting municipal	4609
corporations and townships pursuant to the contract. The income	4610
tax may be levied in the district based on income earned by	4611
persons working or residing within the district and based on the	4612
net profits of businesses located in the district. The income tax	4613
shall follow the provisions of Chapter 718. of the Revised Code,	4614
except that a vote shall be required by the electors residing in	4615
the district to approve the rate of income tax. If no electors	4616
reside within the district, then division (F)(4) of this section	4617
applies. The rate of the income tax shall be no higher than the	4618
highest rate being levied by a municipal corporation that is a	4619
party to the contract.	4620

(1) Within one hundred eighty days after the first meeting of	4621
the board of directors, the board may levy an income tax, provided	4622
that the rate of the income tax is first submitted to and approved	4623
by the electors of the district at the succeeding regular or	4624
primary election, or a special election called by the board,	4625
occurring subsequent to seventy-five days after a certified copy	4626
of the resolution levying the income tax and calling for the	4627
election is filed with the board of elections. If the voters	4628
approve the levy of the income tax, the income tax shall be in	4629
force for the full period of the contract establishing the	4630
district. Any increase in the rate of an income tax that was first	4631
levied within one hundred eighty days after the first meeting of	4632
the board of directors shall be approved by a vote of the electors	4633
of the district, shall be in force for the remaining period of the	4634
contract establishing the district, and shall not be subject to	4635
division (F)(2) of this section.	4636

(2) Any resolution of the board of directors levying an	4637
income tax that is adopted subsequent to one hundred eighty days	4638
after the first meeting of the board of directors shall be subject	4639
to a referendum as provided in division (F)(2) of this section.	4640
Any resolution of the board of directors levying an income tax	4641
that is adopted subsequent to one hundred eighty days after the	4642
first meeting of the board of directors shall be subject to an	4643
initiative proceeding to amend or repeal the resolution levying	4644
the income tax as provided in division (F)(2) of this section.	4645
When a referendum petition, signed by ten per cent of the number	4646
of electors in the district who voted for the office of governor	4647
at the most recent general election for the office of governor, is	4648
filed with the county auditor of each county within which a party	4649
to the contract is located within thirty days after the resolution	4650
is adopted by the board or when an initiative petition, signed by	4651
ten per cent of the number of electors in the district who voted	4652
for the office of governor at the most recent general election for	4653
the office of governor, is filed with the county auditor of each	4654
such county ordering that a resolution to amend or repeal a prior	4655
resolution levying an income tax be submitted to the electors	4656
within the district for their approval or rejection, the county	4657
auditor of each such county, after ten days and not later than	4658
four p.m. of the seventy-fifth day before the election, shall	4659
certify the text of the resolution to the board of elections of	4660
that county. The county auditor of each such county shall retain	4661
the petition. The board of elections shall submit the resolution	4662
to such electors, for their approval or rejection, at the next	4663
general, primary, or special election occurring subsequent to	4664
seventy-five days after the certifying of such petition to the	4665
board of elections.	4666

(3) Whenever a district is located in the territory of more	4667
than one contracting party, a majority vote of the electors, if	4668
any, in each of the several portions of the territory of the	4669
contracting parties constituting the district approving the levy	4670
of the tax is required before it may be imposed pursuant to this	4671
division.	4672

(4) If there are no electors residing in the district, no	4673
election for the approval or rejection of an income tax shall be	4674
held pursuant to this section, provided that where no electors	4675
reside in the district, the maximum rate of the income tax that	4676
may be levied shall not exceed one per cent.	4677

(5) The board of directors of a district levying an income	4678
tax shall enter into an agreement with one of the municipal	4679
corporations that is a party to the contract to administer,	4680
collect, and enforce the income tax on behalf of the district. The	4681
resolution levying the income tax shall provide the same credits,	4682
if any, to residents of the district for income taxes paid to	4683
other such districts or municipal corporations where the residents	4684
work, as credits provided to residents of the municipal	4685
corporation administering the income tax.	4686

(6)(a) The board shall publish or post public notice within	4687
the district of any resolution adopted levying an income tax in	4688
the same manner required of municipal corporations under sections	4689
731.21 and 731.25 of the Revised Code.	4690

(b) Except as otherwise specified by this division, any	4691
referendum or initiative proceeding within a district shall be	4692
conducted in the same manner as is required for such proceedings	4693
within a municipal corporation pursuant to sections 731.28 to	4694
731.40 of the Revised Code.	4695

(G) Membership on the board of directors does not constitute	4696
the holding of a public office or employment within the meaning of	4697
any section of the Revised Code or any charter provision	4698
prohibiting the holding of other public office or employment, and	4699
shall not constitute an interest, either direct or indirect, in a	4700
contract or expenditure of money by any municipal corporation,	4701
township, county, or other political subdivision with which the	4702
member may be connected. No member of a board of directors shall	4703
be disqualified from holding any public office or employment, nor	4704
shall such member forfeit or be disqualified from holding any such	4705
office or employment, by reason of the member's membership on the	4706
board of directors, notwithstanding any law or charter provision	4707
to the contrary.	4708

(H) The powers and authorizations granted pursuant to this	4709
section or section 715.71 of the Revised Code are in addition to	4710
and not in derogation of all other powers granted to municipal	4711
corporations and townships pursuant to law. When exercising a	4712
power or performing a function or duty under a contract authorized	4713
pursuant to this section or section 715.71 of the Revised Code, a	4714
municipal corporation may exercise all of the powers of a	4715
municipal corporation, and may perform all the functions and	4716
duties of a municipal corporation, within the district, pursuant	4717
to and to the extent consistent with the contract. When exercising	4718
a power or performing a function or duty under a contract	4719
authorized pursuant to this section or section 715.71 of the	4720
Revised Code, a township may exercise all of the powers of a	4721
township, and may perform all the functions and duties of a	4722
township, within the district, pursuant to and to the extent	4723
consistent with the contract. The district board of directors has	4724
no powers except those specifically set forth in the contract as	4725
agreed to by the participating parties. No political subdivision	4726
shall authorize or grant any tax exemption pursuant to Chapter	4727
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	4728
Revised Code on any property located within the district, except	4729
that a political subdivision that is a contracting party may grant	4730
a tax exemption under section 5709.62, 5709.63, or 5709.632 of the	4731
Revised Code on property located within the district, with the	4732
consent of the other contracting parties. The prohibition for any	4733
tax exemption pursuant to this division shall not apply to any	4734
exemption filed, pending, or approved, or for which an agreement	4735
has been entered into, before the effective date of the contract	4736
entered into by the parties.	4737

(I) Municipal corporations and townships may enter into	4738
binding agreements pursuant to a contract authorized under this	4739
section or section 715.71 of the Revised Code with respect to the	4740
substance and administration of zoning and other land use	4741
regulations, building codes, public permanent improvements, and	4742
other regulatory and proprietary matters that are determined,	4743
pursuant to the contract, to be for a public purpose and to be	4744
desirable with respect to the operation of the district or to	4745
facilitate new or expanded economic development in the state or	4746
the district, provided that no contract shall exempt the territory	4747
within the district from the procedures and processes of land use	4748
regulation applicable pursuant to municipal corporation, township,	4749
and county regulations, including but not limited to procedures	4750
and processes concerning zoning.	4751

(J) A contract entered into pursuant to this section or	4752
section 715.71 of the Revised Code may be amended and it may be	4753
renewed, canceled, or terminated as provided in or pursuant to the	4754
contract. The contract may be amended to add property owned by one	4755
of the contracting parties to the district, or may be amended to	4756
delete property from the district whether or not one of the	4757
contracting parties owns the deleted property. The contract shall	4758
continue in existence throughout its term and shall be binding on	4759
the contracting parties and on any entities succeeding to such	4760
parties, whether by annexation, merger, or otherwise. The income	4761
tax levied by the board pursuant to this section or section 715.71	4762
of the Revised Code shall apply in the entire district throughout	4763
the term of the contract, notwithstanding that all or a portion of	4764
the district becomes subject to annexation, merger, or	4765
incorporation. No township or municipal corporation is divested of	4766
its rights or obligations under the contract because of	4767
annexation, merger, or succession of interests.	4768

(K) After the creation of a joint economic development	4769
district described in division (A)(2) of this section, a municipal	4770
corporation that is a contracting party may cease to own property	4771
included in the district, but such property shall continue to be	4772
included in the district and subject to the terms of the contract.	4773

Sec. 715.71.  (A) This section provides alternative	4774
procedures and requirements to those set forth in section 715.70	4775
of the Revised Code for creating and operating a joint economic	4776
development district. Divisions (B), (C), (D)(1) to (3), and (F)	4777
of section 715.70 of the Revised Code do not apply to a joint	4778
economic development district established under this section.	4779
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K)	4780
of section 715.70 of the Revised Code do apply to a district	4781
established under this section.	4782

(B) One or more municipal corporations and one or more	4783
townships may enter into a contract approved by the legislative	4784
authority of each contracting party pursuant to which they create	4785
as a joint economic development district one or more areas for the	4786
purpose of facilitating economic development to create or preserve	4787
jobs and employment opportunities and to improve the economic	4788
welfare of the people in this state and in the area of the	4789
contracting parties. The district created shall be located within	4790
the territory of one or more of the contracting parties and may	4791
consist of all or a portion of suchthat territory. The boundaries	4792
of the district shall be described in the contract or in an	4793
addendum to the contract. The area or areas of land to be included	4794
in the district shall not include any parcel of land owned in fee	4795
by or leased to a municipal corporation or township, unless the	4796
municipal corporation or township is a party to the contract or	4797
has given its consent to have its parcel of land included in the	4798
district by the adoption of a resolution. As used in this	4799
division, "parcel of land" has the same meaning as in division (B)	4800
of section 715.70 of the Revised Code.	4801

(C) Before the legislative authority of a municipal	4802
corporation or a board of township trustees adopts an ordinance or	4803
resolution approving a contract to create a joint economic	4804
development district under this section, it shall hold a public	4805
hearing concerning the joint economic development district	4806
contract and shall provide thirty days' public notice of the time	4807
and place of the public hearing in a newspaper of general	4808
circulation in the municipal corporation and the township. Each	4809
municipal corporation and township that is a party to the contract	4810
shall hold a public hearing. During the thirty-day period prior to	4811
a public hearing, a copy of the text of the contract together with	4812
copies of district maps and plans related to or part of the	4813
contract shall be on file, for public examination, in the offices	4814
of the clerk of the legislative authority of the municipal	4815
corporation and of the township clerkfiscal officer. The public	4816
hearings provided for in this division shall allow for public	4817
comment and recommendations on the proposed contract. The	4818
participating parties may include in the contract any of those	4819
recommendations prior to approval of the contract.	4820

(D) After the legislative authority of a municipal	4821
corporation and the board of township trustees have adopted an	4822
ordinance and resolution approving a contract to create a joint	4823
economic development district, the municipal corporation and the	4824
township jointly shall file with the legislative authority of each	4825
county within which a party to the contract is located all of the	4826
following:	4827

(1) A signed copy of the contract, together with copies of	4828
district maps and plans related to or part of the contract;	4829

(2) Certified copies of the ordinances and resolutions of the	4830
contracting parties relating to the district and the contract;	4831

(3) A certificate of each of the contracting parties that the	4832
public hearings provided for in division (C) of this section have	4833
been held, the date of suchthe hearings, and evidence of	4834
publication of the notice of suchthe hearings.	4835

(E) Within thirty days after the filing under division (D) of	4836
this section, the legislative authority of each county within	4837
which a party to the contract is located shall adopt a resolution	4838
acknowledging the receipt of the required documents, approving the	4839
creation of the joint economic development district, and directing	4840
that the resolution of the board of township trustees approving	4841
the contract be submitted to the electors of the township for	4842
approval at the next succeeding general, primary, or special	4843
election. The legislative authority of the county shall file with	4844
the board of elections at least seventy-five days before the day	4845
of the election a copy of the resolution of the board of township	4846
trustees approving the contract. The resolution of the legislative	4847
authority of the county also shall specify the date the election	4848
is to be held and shall direct the board of elections to conduct	4849
the election in the township. If the resolution of the legislative	4850
authority of the county is not adopted within the thirty-day	4851
period after the filing under division (D) of this section, the	4852
joint economic development district shall be deemed approved by	4853
the county legislative authority, and the board of township	4854
trustees shall file its resolution with the board of elections for	4855
submission to the electors of the township for approval at the	4856
next succeeding general, primary, or special election. SuchThe	4857
filing shall occur at least seventy-five days before the specified	4858
date the election is to be held and shall direct the board of	4859
elections to conduct the election in the township.	4860

The ballot shall be in the following form:

4861

"Shall the resolution of the board of township trustees	4862
approving the contract with ............... (here insert name of	4863
each municipal corporation and other township that is a party to	4864
the contract) for the creation of a joint economic development	4865
district be approved?	4866

4867

		FOR THE RESOLUTION AND CONTRACT			4868
		AGAINST THE RESOLUTION AND CONTRACT	"		4869

4870

If a majority of the electors of the township voting on the issue	4871
vote for the resolution and contract, the resolution shall become	4872
effective immediately and the contract shall go into effect	4873
immediately or in accordance with its terms.	4874

(F) The contract creating the district shall set forth or	4875
provide for the amount or nature of the contribution of each	4876
municipal corporation and township to the development and	4877
operation of the district and may provide for the sharing of the	4878
costs of the operation of and improvements for the district. The	4879
contributions may be in any form to which the contracting	4880
municipal corporations and townships agree and may include but are	4881
not limited to the provision of services, money, real or personal	4882
property, facilities, or equipment. The contract may provide for	4883
the contracting parties to share revenue from taxes levied on	4884
property by one or more of the contracting parties if those	4885
revenues may lawfully be applied to that purpose under the	4886
legislation by which those taxes are levied. The contract shall	4887
provide for new, expanded, or additional services, facilities, or	4888
improvements, including expanded or additional capacity for or	4889
other enhancement of existing services, facilities, or	4890
improvements, provided that the existing services, facilities, or	4891
improvements, or the expanded or additional capacity for or	4892
enhancement of the existing services, facilities, or improvements,	4893
have been provided within the two-year period prior to the	4894
execution of the contract.	4895

(G) The contract shall enumerate the specific powers, duties,	4896
and functions of the board of directors of the district and shall	4897
provide for the determination of procedures that are to govern the	4898
board of directors. The contract may grant to the board the power	4899
to adopt a resolution to levy an income tax within the district.	4900
The income tax shall be used for the purposes of the district and	4901
for the purposes of the contracting municipal corporations and	4902
townships pursuant to the contract. The income tax may be levied	4903
in the district based on income earned by persons working or	4904
residing within the district and based on the net profits of	4905
businesses located in the district. The income tax of the district	4906
shall follow the provisions of Chapter 718. of the Revised Code,	4907
except that no vote shall be required by the electors residing in	4908
the district. The rate of the income tax shall be no higher than	4909
the highest rate being levied by a municipal corporation that is a	4910
party to the contract.	4911

The board of directors of a district levying an income tax	4912
shall enter into an agreement with one of the municipal	4913
corporations that is a party to the contract to administer,	4914
collect, and enforce the income tax on behalf of the district. The	4915
resolution levying the income tax shall provide the same credits,	4916
if any, to residents of the district for income taxes paid to	4917
other such districts or municipal corporations where the residents	4918
work, as credits provided to residents of the municipal	4919
corporation administering the income tax.	4920

(H) No annexation proceeding pursuant to Chapter 709. of the	4921
Revised Code that proposes the annexation to or merger or	4922
consolidation with a municipal corporation, except a municipal	4923
corporation that is a party to the contract, of any unincorporated	4924
territory within the district shall be commenced for a period of	4925
three years after the contract is filed with the legislative	4926
authority of each county within which a party to the contract is	4927
located in accordance with division (D) of this section unless	4928
each board of township trustees whose territory is included, in	4929
whole or part, within the district and the territory proposed to	4930
be annexed, merged, or consolidated adopts a resolution consenting	4931
to the commencement of the proceeding and a copy of the resolution	4932
is filed with the legislative authority of each such county or	4933
unless the contract is terminated during this three-year period.	4934
The contract entered into between the municipal corporations and	4935
townships pursuant to this section may provide for the prohibition	4936
of any annexation by the participating municipal corporations of	4937
any unincorporated territory within the district.	4938

Sec. 715.75.  Before the legislative authority of any of the	4939
contracting parties adopts an ordinance or resolution approving a	4940
contract to create a joint economic development district, the	4941
legislative authority of each of the contracting parties shall	4942
hold a public hearing concerning the contract and district. Each	4943
such legislative authority shall provide at least thirty days'	4944
public notice of the time and place of the public hearing in a	4945
newspaper of general circulation in the municipal corporation or	4946
township, as applicable. During the thirty-day period prior to the	4947
public hearing and until the filing is made under section 715.76	4948
of the Revised Code, all of the following documents shall be	4949
available for public inspection in the office of the clerk of the	4950
legislative authority of eacha municipal corporation that is a	4951
contracting party and in the office of the fiscal officer of thea	4952
township that is a contracting partiesparty:	4953

(A) A copy of the contract creating the district;

4954

(B) A description of the area or areas to be included in the	4955
district, including a map in sufficient detail to denote the	4956
specific boundaries of the area or areas and to indicate any	4957
zoning restrictions applicable to the area or areas;	4958

(C) An economic development plan for the district that	4959
consists of both of the following schedules:	4960

(1) A schedule for the provision of the new, expanded, or	4961
additional services, facilities, or improvements described in	4962
division (A) of section 715.74 of the Revised Code;	4963

(2) A schedule for the collection of an income tax levied	4964
under division (C) of section 715.74 of the Revised Code.	4965

A public hearing held under this section shall allow for	4966
public comment and recommendations on the contract and district.	4967
The contracting parties may include in the contract any of those	4968
recommendations prior to approval of the contract.	4969

Before any of the contracting parties approves a contract	4970
under section 715.76 of the Revised Code, the contracting parties	4971
shall deliver a copy of the contract to the board of county	4972
commissioners of each county in which a contracting party is	4973
located. Any such county may enter into an agreement with the	4974
contracting parties regarding the provision of services by the	4975
county within the proposed district and may enter into an	4976
agreement with the contracting parties to extend services to the	4977
area or areas to be included in the district.	4978

Sec. 715.76.  After the public hearings required under	4979
section 715.75 of the Revised Code have been held, each	4980
contracting party may adopt an ordinance or resolution approving	4981
the contract to create a joint economic development district.	4982
After each contracting party has adopted such an ordinance or	4983
resolution, the contracting parties jointly shall file with the	4984
legislative authority of each county within which a contracting	4985
party is located all of the following documents:	4986

(A) A signed copy of the contract;

4987

(B) A description of the area or areas to be included in the	4988
district, including a map in sufficient detail to denote the	4989
specific boundaries of the area or areas and to indicate any	4990
zoning restrictions applicable to the area or areas;	4991

(C) The economic development plan described in division (C)	4992
of section 715.75 of the Revised Code;	4993

(D) Certified copies of the ordinances and resolutions of the	4994
contracting parties relating to the contract and district;	4995

(E) A certificate of each contracting party that the public	4996
hearings required by section 715.75 of the Revised Code have been	4997
held, the date of the hearings, and evidence of publication of the	4998
notice of the hearings;	4999

(F) A petition signed by a majority of the owners of property	5000
located within the area or areas to be included in the district;	5001

(G) A petition signed by a majority of the owners of	5002
businesses, if any, located within the area or areas to be	5003
included in the district.	5004

The petitions described in divisions (F) and (G) of this	5005
section shall specify that all of the documents described in	5006
divisions (A) throughto (C) of section 715.75 of the Revised Code	5007
are available for public inspection in the office of the clerk of	5008
the legislative authority of each municipal corporation that is a	5009
contracting party or the office of the township clerkfiscal	5010
officer of each township that is a contracting party.	5011

Not later than ten days after all of the documents described	5012
in divisions (A) to (G) of this section have been filed, each	5013
contracting party shall give notice to those owners of property	5014
within the area or areas to be included in the district who did	5015
not sign the petition described in division (F) of this section	5016
and whose property is located within the boundaries of that	5017
contracting party and to those owners of businesses, if any,	5018
within the area or areas to be included in the district who did	5019
not sign the petition described in division (G) of this section	5020
and whose property is located within the boundaries of that	5021
contracting party. Notice shall be given by certified mail and	5022
shall specify that the owners of property and businesses are	5023
located within the area or areas to be included in the district	5024
and that all of the documents described in divisions (A) to (C) of	5025
section 715.75 of the Revised Code are available for public	5026
inspection in the office of the clerk of the legislative authority	5027
of each municipal corporation that is a contracting party or the	5028
office of the township clerkfiscal officer of each township that	5029
is a contracting party. The contracting parties shall equally bear	5030
the cost of providing notice under this section.	5031

If the contracting parties do not file all of the documents	5032
described in divisions (A) throughto (G) of this section, the	5033
legislative authority of a county within which a contracting party	5034
is located may adopt a resolution disapproving the creation of the	5035
joint economic development district. In addition, the legislative	5036
authority of such athe county may adopt a resolution disapproving	5037
the creation of the district if it determines, in written findings	5038
of fact, that each contracting party did not enter into the	5039
contract freely and without duress or coercion.	5040

Sec. 971.05.  The cost due the township clerkfiscal officer	5041
and the board of township trustees for making the assignment set	5042
forth in section 971.04 of the Revised Code, shall be taxed	5043
equally against each of the persons, and, if not paid to the clerk	5044
fiscal officer within thirty days from the date of suchthe	5045
assignment, shall be certified by himthe fiscal officer to the	5046
county auditor, with a correct description of the lands and the	5047
amount charged against each portion.	5048

Sec. 971.06.  The county auditor shall place the amount	5049
authorized in section 971.05 of the Revised Code, upon the	5050
duplicate to be collected as other taxes, and the county treasurer	5051
shall pay it, when collected, to the township clerkfiscal officer	5052
as other funds are paid.	5053

Sec. 971.08.  When the work is completed to the satisfaction	5054
of the board of township trustees, it shall certify the costs to	5055
the township clerk, and, iffiscal officer. If the costs are not	5056
paid within thirty days, such clerkthe township fiscal officer	5057
shall certify them to the county auditor with a statement of the	5058
cost of the construction and incidental costs incurred by the	5059
trustees, withand a correct description of each piece of land	5060
upon which the costs are assessed.	5061

Sec. 971.09.  The county auditor shall place the amounts	5062
certified, as provided in section 971.08 of the Revised Code, upon	5063
the tax duplicate, which amounts shall become a lien and be	5064
collected as other taxes, and the. The board of township trustees	5065
shall certify the amount due each person for building suchthe	5066
fence and the amount due each trustee and clerkthe township	5067
fiscal officer for services rendered. In anticipation of the	5068
collection thereofof the amounts, the auditor shall draw orders	5069
for the payment of suchthe amounts out of the county treasury.	5070

Sec. 971.12.  The report of the assignment of partition	5071
fences under this chapter shall be made and certified to the	5072
county recorder by the township clerkfiscal officer, and the cost	5073
of the record thereofof the report shall be taxed against the	5074
parties with the other costs.	5075

Sec. 971.35.  When the work authorized in section 971.34 of	5076
the Revised Code is completed, the board of township trustees	5077
shall certify to the county auditor the amount of the cost of the	5078
work with the expense thereto attached, and a correct description	5079
of the land upon which the work was performed, and the. The	5080
auditor shall place the amount upon the tax duplicate to be	5081
collected as other taxes. The county treasurer shall pay the	5082
amount, when collected, to the township clerkfiscal officer as	5083
other funds are paid.	5084

Sec. 971.36.  The board of township trustees may anticipate	5085
the collection, and refund the cost of the work authorized in	5086
section 971.34 of the Revised Code, to the township clerkfiscal	5087
officer for the amount, payable out of any township funds that may	5088
be in histhe fiscal officer's hands.	5089

Sec. 1341.16.  A surety of a constable, township clerkfiscal	5090
officer, or other township officer, may notify the board of	5091
township trustees, by giving at least five days' notice in	5092
writing, that hethe surety is unwilling to continue as surety for	5093
suchthe officer, and, at a time named in suchthe notice, will	5094
make application to the board to be released from further	5095
liability upon histhe bond. HeThe surety also shall give at	5096
least three days' notice in writing to suchthe officer, of the	5097
time and place at which the application will be made.	5098

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	5099
stamps, deer and wild turkey permits, fur taker permits, and any	5100
other licenses, permits, or stamps that are required under this	5101
chapter or Chapter 1531. of the Revised Code and any reissued	5102
license, permit, or stamp may be issued by the clerk of the court	5103
of common pleas, village andclerks, township clerksfiscal	5104
officers, and other authorized agents designated by the chief of	5105
the division of wildlife. When required by the chief, a clerk,	5106
fiscal officer, or other agent shall give bond in the manner	5107
provided by the chief. All bonds, reports, except records	5108
prescribed by the auditor of state, and moneys received by those	5109
persons shall be handled under rules adopted by the director of	5110
natural resources.	5111

The premium of any bond prescribed by the chief under this	5112
section may be paid by the chief. Any person who is designated and	5113
authorized by the chief to issue licenses, stamps, and permits as	5114
provided in this section, except the clerk of the court of common	5115
pleas and the, a village clerk, and a township clerksfiscal	5116
officer, shall pay to the chief a premium in an amount that	5117
represents the person's portion of the premium paid by the chief	5118
under this section, which amount shall be established by the chief	5119
and approved by the wildlife council created under section 1531.03	5120
of the Revised Code. The chief shall pay all moneys that the chief	5121
receives as premiums under this section into the state treasury to	5122
the credit of the wildlife fund created under section 1531.17 of	5123
the Revised Code.	5124

Every authorized agent, for the purpose of issuing hunting	5125
and fishing licenses, wetlands habitat stamps, deer and wild	5126
turkey permits, and fur taker permits, may administer oaths to and	5127
take affidavits from applicants for the licenses, stamps, or	5128
permits when required. An authorized agent may appoint deputies to	5129
perform any acts that the agent is authorized to perform,	5130
consistent with division rules.	5131

Every applicant for a hunting or fishing license, wetlands	5132
habitat stamp, deer or wild turkey permit, or fur taker permit,	5133
unless otherwise provided by division rule, shall provide the	5134
applicant's name, date of birth, weight, height, and place of	5135
residence, and any other information that the chief may require.	5136
The clerk, fiscal officer, or other agent authorized to issue	5137
licenses, stamps, and permits shall charge each applicant a fee of	5138
one dollar for taking the information provided by the applicant	5139
and issuing the license, stamp, or permit. The application,	5140
license, stamp, permit, and other blanks required by this section	5141
shall be prepared and furnished by the chief, in suchthe form as	5142
the chief provides, to the clerk, fiscal officer, or other agent	5143
authorized to issue them. The licenses and permits shall be issued	5144
to applicants by the clerk, fiscal officer, or other agent. The	5145
record of licenses and permits kept by the clerkclerks, fiscal	5146
officers, and other authorized agents shall be uniform throughout	5147
the state and in suchthe form or manner as the auditor of state	5148
prescribes and shall be open at all reasonable hours to the	5149
inspection of any person. Unless otherwise provided by division	5150
rule, each hunting license, deer or wild turkey permit, and fur	5151
taker permit issued shall remain in force until midnight of the	5152
thirty-first day of August next ensuing. Application for any such	5153
license or permit may be made and a license or permit issued prior	5154
to the date upon which it becomes effective.	5155

The chief may require an applicant who wishes to purchase a	5156
license, stamp, or permit by mail or telephone or via the internet	5157
to pay a nominal fee for postage and handling and credit card	5158
transactions.	5159

The court before whom a violator of any laws or division	5160
rules for the protection of wild animals is tried, as a part of	5161
the punishment, shall revoke the license, stamp, or permit of any	5162
person convicted. The license, stamp, or permit fee paid by that	5163
person shall not be returned to the person. The person shall not	5164
procure or use any other license, stamp, or permit or engage in	5165
hunting wild animals or trapping fur-bearing animals during the	5166
period of revocation as ordered by the court.	5167

No person under sixteen years of age shall engage in hunting	5168
unless accompanied by the person's parent or another adult person.	5169

Sec. 1710.02.  (A) A special improvement district may be	5170
created within the boundaries of any one municipal corporation,	5171
any one township, or any combination of contiguous municipal	5172
corporations and townships by a petition of the property owners	5173
within the proposed district, for the purpose of developing and	5174
implementing plans for public improvements and public services	5175
that benefit the district. All territory in a district shall be	5176
contiguous.	5177

The district shall be governed by the board of trustees of a	5178
nonprofit corporation. This board shall be known as the board of	5179
directors of the special improvement district. No special	5180
improvement district shall include any church property, or	5181
property of the federal or state government or a county, township,	5182
or municipal corporation, unless the church or the county,	5183
township, or municipal corporation specifically requests in	5184
writing that the property be included within the district. More	5185
than one district may be created within a participating political	5186
subdivision, but no real property may be included within more than	5187
one district unless the owner of the property files a written	5188
consent with the clerk of the legislative authority, the township	5189
fiscal officer, or the village clerk, as appropriate. The area of	5190
each district shall be contiguous.	5191

(B) Except as provided in division (C) of this section, a	5192
district created under this chapter is not a political	5193
subdivision. A district created under this chapter shall be	5194
considered a public agency under section 102.01 and a public	5195
authority under section 4115.03 of the Revised Code. Each member	5196
of the board of directors of a district, each member's designee or	5197
proxy, and each officer and employee of a district shall be	5198
considered a public official or employee under section 102.01 of	5199
the Revised Code and a public official and public servant under	5200
section 2921.42 of the Revised Code. Districts created under this	5201
chapter are not subject to section 121.24 of the Revised Code.	5202
Districts created under this chapter are subject to sections	5203
121.22 and 121.23 of the Revised Code.	5204

(C) Each district created under this chapter shall be	5205
considered a political subdivision for purposes of section 4905.34	5206
of the Revised Code.	5207

Membership on the board of directors of the district shall	5208
not be considered as holding a public office. Directors and their	5209
designees shall be entitled to the immunities provided by Chapter	5210
1702. and to the same immunity as an employee under division	5211
(A)(6) of section 2744.03 of the Revised Code, except that	5212
directors and their designees shall not be entitled to the	5213
indemnification provided in section 2744.07 of the Revised Code	5214
unless the director or designee is an employee or official of a	5215
participating political subdivision of the district and is acting	5216
within the scope of the director's or designee's employment or	5217
official responsibilities.	5218

District officers and district members and directors and	5219
their designees or proxies shall not be required to file a	5220
statement with the Ohio ethics commission under section 102.02 of	5221
the Revised Code. All records of the district shall be treated as	5222
public records under section 149.43 of the Revised Code, except	5223
that records of organizations contracting with a district shall	5224
not be considered to be public records under section 149.43 or	5225
section 149.431 of the Revised Code solely by reason of any	5226
contract with a district.	5227

(D) Except as otherwise provided in this section, the	5228
nonprofit corporation that governs a district shall be organized	5229
in the manner described in Chapter 1702. of the Revised Code. The	5230
corporation's articles of incorporation are required to be	5231
approved, as provided in division (E) of this section, by	5232
resolution of the legislative authority of each participating	5233
political subdivision of the district. A copy of that resolution	5234
shall be filed along with the articles of incorporation in the	5235
secretary of state's office.	5236

In addition to meeting the requirements for articles of	5237
incorporation set forth in Chapter 1702. of the Revised Code, the	5238
articles of incorporation for the nonprofit corporation governing	5239
a district formed under this chapter shall provide all the	5240
following:	5241

(1) The name for the district, which shall include the name	5242
of each participating political subdivision of the district;	5243

(2) A description of the territory within the district, which	5244
may be all or part of each participating political subdivision.	5245
The description shall be specific enough to enable real property	5246
owners to determine if their property is located within the	5247
district.	5248

(3) A description of the procedure by which the articles of	5249
incorporation may be amended. The procedure shall include	5250
receiving approval of the amendment, by resolution, from the	5251
legislative authority of each participating political subdivision	5252
and filing the approved amendment and resolution with the	5253
secretary of state.	5254

(4) The reasons for creating the district, plus an	5255
explanation of how the district will be conducive to the public	5256
health, safety, peace, convenience, and welfare of the district.	5257

(E) The articles of incorporation for a nonprofit corporation	5258
governing a district created under this chapter and amendments to	5259
them shall be submitted to the municipal executive, if any, and	5260
the legislative authority of each municipal corporation or	5261
township in which the proposed district is to be located,	5262
accompanied by a petition signed either by the owners of at least	5263
sixty per cent of the front footage of all real property located	5264
in the proposed district that abuts upon any street, alley, public	5265
road, place, boulevard, parkway, park entrance, easement, or other	5266
existing public improvement within the proposed district,	5267
excluding church property or property owned by the state, county,	5268
township, municipal, or federal government, unless a church,	5269
county, township, or municipal corporation has specifically	5270
requested in writing that the property be included in the	5271
district, or by the owners of at least seventy-five per cent of	5272
the area of all real property located within the proposed	5273
district, excluding church property or property owned by the	5274
state, county, township, municipal, or federal government, unless	5275
a church, county, township, or municipal corporation has	5276
specifically requested in writing that the property be included in	5277
the district. For purposes of determining compliance with these	5278
requirements, the area of the district, or the front footage and	5279
ownership of property, shall be as shown in the most current	5280
records available at the county recorder's office and the county	5281
engineer's office sixty days prior to the date on which the	5282
petition is filed.	5283

Each municipal corporation or township with which the	5284
petition is filed has sixty days to approve or disapprove, by	5285
resolution, the petition, including the articles of incorporation.	5286
This chapter does not prohibit or restrict the rights of municipal	5287
corporations under Article XVIII of the Ohio Constitution or the	5288
right of the municipal legislative authority to impose reasonable	5289
conditions in a resolution of approval.	5290

(F) Persons proposing creation and operation of the district	5291
may propose an initial plan for public services or public	5292
improvements that benefit all or any part of the district. Any	5293
initial plan shall be submitted as part of the petition proposing	5294
creation of the district.	5295

An initial plan may include provisions for the following:

5296

(1) Creation and operation of the district and of the	5297
nonprofit corporation to govern the district under this chapter;	5298

(2) Hiring employees and professional services;

5299

(3) Contracting for insurance;

5300

(4) Purchasing or leasing office space and office equipment;

5301

(5) Other actions necessary initially to form, operate, or	5302
organize the district and the nonprofit corporation to govern the	5303
district;	5304

(6) A plan for public improvements or public services that	5305
benefit all or part of the district, which plan shall comply with	5306
the requirements of division (A) of section 1710.06 of the Revised	5307
Code and may include, but is not limited to, any of the permissive	5308
provisions described in the fourth sentence of that division or	5309
listed in divisions (A)(1) to (5) of that section.	5310

After the initial plan is approved by all municipal	5311
corporations and townships to which it is submitted for approval	5312
and the district is created, each participating subdivision shall	5313
levy a special assessment within its boundaries to pay for the	5314
costs of the initial plan. The levy shall be for no more than ten	5315
years from the date of the approval of the initial plan. For	5316
purposes of levying an assessment for this initial plan, the	5317
services or improvements included in the initial plan shall be	5318
deemed a special benefit to property owners within the district.	5319

(G) Each nonprofit corporation governing a district under	5320
this chapter may do the following:	5321

(1) Exercise all powers of nonprofit corporations granted	5322
under Chapter 1702. of the Revised Code that do not conflict with	5323
this chapter;	5324

(2) Develop, adopt, revise, implement, and repeal plans for	5325
public improvements and public services for all or any part of the	5326
district;	5327

(3) Contract with any person, political subdivision as	5328
defined in section 2744.01 of the Revised Code, or state agency as	5329
defined in section 1.60 of the Revised Code to develop and	5330
implement plans for public improvements or public services within	5331
the district;	5332

(4) Contract and pay for insurance for the district and for	5333
directors, officers, agents, contractors, employees, or members of	5334
the district for any consequences of the implementation of any	5335
plan adopted by the district or any actions of the district.	5336

Sec. 2927.21.  (A) The owner or keeper of any member of a	5337
species of the animal kingdom that escapes from histhe owner's or	5338
keeper's custody or control and that is not indigenous to this	5339
state or presents a risk of serious physical harm to persons or	5340
property, or both, shall, within one hour after hethe owner or	5341
keeper discovers or reasonably should have discovered the escape,	5342
report it to:	5343

(1) A law enforcement officer of the municipal corporation or	5344
township and the sheriff of the county where the escape occurred;	5345
and	5346

(2) The clerk of the municipal legislative authority or the	5347
township clerkfiscal officer of the township where the escape	5348
occurred.	5349

(B) If the office of the clerk of a municipal legislative	5350
authority or township clerkfiscal officer is closed to the public	5351
at the time a report is required by division (A) of this section,	5352
then it is sufficient compliance with division (A)(2) of this	5353
section if the owner or keeper makes the report within one hour	5354
after the office is next open to the public.	5355

(C) Whoever violates this section is guilty of a misdemeanor	5356
of the first degree.	5357

Sec. 3381.03.  Any county, or any two or more counties,	5358
municipal corporations, or townships, or any combination thereof	5359
of these may create a regional arts and cultural district by the	5360
adoption of a resolution or ordinance by the board of county	5361
commissioners of each county, the legislative authority of each	5362
municipal corporation, and the board of township trustees of each	5363
township that desires to create or to join in the creation of the	5364
district. SuchThe resolution or ordinance shall state all of the	5365
following:	5366

(A) The purposes for the creation of the district;

5367

(B) The counties, municipal corporations, or townships that	5368
are to be included in the district;	5369

(C) The official name by which the district shall be known;

5370

(D) The location of the principal office of the district or	5371
the manner in which the location shall be selected;	5372

(E) Subject to section 3381.05 of the Revised Code, the	5373
number, term, and compensation, which shall not exceed the sum of	5374
fifty dollars for each board and committee meeting attended by a	5375
member, of the members of the board of trustees of the district;	5376

(F) Subject to section 3381.05 of the Revised Code, the	5377
manner in which members of the board of trustees of the district	5378
shall be appointed; the method of filling vacancies; and the	5379
period, if any, for which a trustee continues in office after	5380
expiration of histhe trustee's term pending the appointment of	5381
histhe trustee's successor;	5382

(G) The manner of apportioning expenses of the district among	5383
the participating counties, municipal corporations, and townships.	5384
Such	5385

The resolution or ordinance may also provide that the	5386
authority of the districts to make grants under section 3381.20 of	5387
the Revised Code may be totally or partially delegated to one or	5388
more area arts councils, as defined in section 757.03 of the	5389
Revised Code, located within the district.	5390

The district provided for in suchthe resolution or ordinance	5391
shall be created upon the adoption of suchthe resolution or	5392
ordinance by the board of county commissioners of each county, the	5393
legislative authority of each municipal corporation, and the board	5394
of township trustees of each township enumerated in the resolution	5395
or ordinance. The resolution or ordinance may be amended to	5396
include additional counties, municipal corporations, or townships	5397
or for any other purpose by the adoption of suchan amendment by	5398
the board of county commissioners of each county, the legislative	5399
authority of each municipal corporation, and the board of township	5400
trustees of each township that has created or joined or proposes	5401
to join the district.	5402

After each such county, municipal corporation, and township	5403
has adopted a resolution or ordinance approving inclusion of	5404
additional counties, municipal corporations, or townships in the	5405
district, a copy of suchthe resolution or ordinance shall be	5406
filed with the clerk of the board of the county commissioners of	5407
each county, the clerk of the legislative authority of each	5408
municipal corporation, and the fiscal officer of the board of	5409
trustees of each township proposed to be included in the district.	5410
SuchThe inclusion is effective when all such filing is completed	5411
unless the district to which territory is to be added has	5412
authority to levy an ad valorem tax on property within its	5413
territory, in which event suchthe inclusion shall become	5414
effective upon voter approval of the joinder and the tax. The	5415
board of trustees shall promptly certify the proposal to the board	5416
or boards of elections for the purpose of having the proposal	5417
placed on the ballot at the next general or primary election which	5418
that occurs not less than sixty days after the date of the meeting	5419
of the board of trustees, or at a special election held on a date	5420
specified in the certification that is not less than sixty days	5421
after the date of suchthe meeting of the board. If territory of	5422
more than one county, municipal corporation, or township is to be	5423
added to the regional arts and cultural district, the electors of	5424
suchthe territories of the counties, municipal corporations, or	5425
townships which are to be added shall vote as a district, and the	5426
outcome of the election shall be determined by the vote cast in	5427
the entire district. Upon certification of a proposal to the board	5428
or boards of elections pursuant to this section, suchthe board or	5429
boards of elections shall make the necessary arrangements for the	5430
submission of suchthe questions to the electors of the territory	5431
to be added to the district, and the election shall be held,	5432
canvassed, and certified in the manner provided for the submission	5433
of tax levies under section 5705.19 of the Revised Code, except	5434
that the question appearing on the ballot shall read:	5435

"Shall the territory within the .................... (name or	5436
names of political subdivisions to be joined) be added to	5437
................................ (name) regional arts and cultural	5438
district? And shall a(n) .................... (here insert type of	5439
tax or taxes) at a rate of taxation not to exceed .......... (here	5440
insert maximum tax rate or rates) be levied for purposes of such	5441
district?"	5442

If the question is approved by a majority of the electors	5443
voting on suchthe question, the joinder is effective immediately,	5444
and the district may extend the levy of suchthe tax against all	5445
the taxable property within the territory that has been added. If	5446
suchthe question is approved at a general election or at a	5447
special election occurring prior to a general election but after	5448
the fifteenth day of July in any calendar year, the district may	5449
amend its budget and resolution adopted pursuant to section	5450
5705.34 of the Revised Code, and suchthe levy shall be placed on	5451
the current tax list and duplicate and collected as other taxes	5452
are collected from all taxable property within the territory of	5453
the district, including the territory added as a result of such	5454
the election.	5455

The territory of a district shall be coextensive with the	5456
territory of the counties, municipal corporations, and townships	5457
included within the district, provided that the same territory may	5458
not be included in more than one regional arts and cultural	5459
district, and provided, that if a district includes only a portion	5460
of an entire county, a district may be created in the remaining	5461
portion of the same county by resolution of the board of county	5462
commissioners acting alone or in conjunction with municipal	5463
corporations and townships as provided in this section.	5464

Sec. 3501.37.  After each election, the judges of election	5465
elections of each precinct, except when the board of elections	5466
assumes the duty, shall see that the movable booths and other	5467
equipment are returned for safekeeping to the township clerk	5468
fiscal officer of the township or to the clerk or auditor of the	5469
municipal corporation in which the precinct is situated. SuchThe	5470
fiscal officer, clerk, or auditor shall have booths and equipment	5471
on hand and in place at the polling places in each precinct before	5472
the time for opening the polls on election days, and for this	5473
service the board may allow the necessary expenses incurred. In	5474
cities, this duty shall devolve on the board.	5475

Sec. 3513.253.  Nominations of candidates for election as	5476
officers of a township shall be made only by nominating petitions,	5477
unless a majority of the electors of such township have petitioned	5478
for a primary election. The nominating petitions of nonpartisan	5479
candidates for township trustee and township clerkfiscal officer	5480
shall be signed by not less than twenty-five qualified electors of	5481
the township. Such petition shall be filed with the board of	5482
elections not later than four p.m. of the seventy-fifth day before	5483
the day of the general election, provided that no such nominating	5484
petition shall be accepted for filing if it appears to contain	5485
signatures aggregating in number more than three times the minimum	5486
number of signatures required by this section. A board of	5487
elections shall not accept for filing a nominating petition of a	5488
person if that person, for the same election, has already filed a	5489
declaration of candidacy, a declaration of intent to be a write-in	5490
candidate, or a nominating petition, or has become a candidate	5491
through party nomination at a primary election or by the filling	5492
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	5493
for any other township office, or for a municipal office, for	5494
member of a city, local, or exempted village board of education,	5495
or for member of a governing board of an educational service	5496
center. When a petition of a candidate has been accepted for	5497
filing by a board of elections, the petition shall not be deemed	5498
invalid if, upon verification of signatures contained in the	5499
petition, the board of elections finds the number of signatures	5500
accepted exceeds three times the minimum number of signatures	5501
required. A board of elections may discontinue verifying	5502
signatures when the number of verified signatures on a petition	5503
equals the minimum required number of qualified signatures.	5504

Sec. 3517.10.  (A) Except as otherwise provided in this	5505
division, every campaign committee, political action committee,	5506
legislative campaign fund, and political party that made or	5507
received a contribution or made an expenditure in connection with	5508
the nomination or election of any candidate or in connection with	5509
any ballot issue or question at any election held or to be held in	5510
this state shall file, on a form prescribed under this section or	5511
by electronic means of transmission as provided in this section	5512
and section 3517.106 of the Revised Code, a full, true, and	5513
itemized statement, made under penalty of election falsification,	5514
setting forth in detail the contributions and expenditures, not	5515
later than four p.m. of the following dates:	5516

(1) The twelfth day before the election to reflect	5517
contributions received and expenditures made from the close of	5518
business on the last day reflected in the last previously filed	5519
statement, if any, to the close of business on the twentieth day	5520
before the election;	5521

(2) The thirty-eighth day after the election to reflect the	5522
contributions received and expenditures made from the close of	5523
business on the last day reflected in the last previously filed	5524
statement, if any, to the close of business on the seventh day	5525
before the filing of the statement;	5526

(3) The last business day of January of every year to reflect	5527
the contributions received and expenditures made from the close of	5528
business on the last day reflected in the last previously filed	5529
statement, if any, to the close of business on the last day of	5530
December of the previous year;	5531

(4) The last business day of July of every year to reflect	5532
the contributions received and expenditures made from the close of	5533
business on the last day reflected in the last previously filed	5534
statement, if any, to the close of business on the last day of	5535
June of that year.	5536

A campaign committee shall only be required to file the	5537
statements prescribed under divisions (A)(1) and (2) of this	5538
section in connection with the nomination or election of the	5539
committee's candidate.	5540

The statement required under division (A)(1) of this section	5541
shall not be required of any campaign committee, political action	5542
committee, legislative campaign fund, or political party that has	5543
received contributions of less than one thousand dollars and has	5544
made expenditures of less than one thousand dollars at the close	5545
of business on the twentieth day before the election. Those	5546
contributions and expenditures shall be reported in the statement	5547
required under division (A)(2) of this section.	5548

If an election to select candidates to appear on the general	5549
election ballot is held within sixty days before a general	5550
election, the campaign committee of a successful candidate in the	5551
earlier election may file the statement required by division	5552
(A)(1) of this section for the general election instead of the	5553
statement required by division (A)(2) of this section for the	5554
earlier election if the pregeneral election statement reflects the	5555
status of contributions and expenditures for the period twenty	5556
days before the earlier election to twenty days before the general	5557
election.	5558

If a person becomes a candidate less than twenty days before	5559
an election, the candidate's campaign committee is not required to	5560
file the statement required by division (A)(1) of this section.	5561

No statement under division (A)(3) or (4) of this section	5562
shall be required for any year in which a campaign committee,	5563
political action committee, legislative campaign fund, or	5564
political party is required to file a postgeneral election	5565
statement under division (A)(2) of this section. However, such a	5566
statement may be filed, at the option of the campaign committee,	5567
political action committee, legislative campaign fund, or	5568
political party.	5569

No statement under division (A)(3) or (4) of this section	5570
shall be required if the campaign committee, political action	5571
committee, legislative campaign fund, or political party has no	5572
contributions that it has received and no expenditures that it has	5573
made since the last date reflected in its last previously filed	5574
statement. However, the campaign committee, political action	5575
committee, legislative campaign fund, or political party shall	5576
file a statement to that effect, on a form prescribed under this	5577
section and made under penalty of election falsification, on the	5578
date required in division (A)(3) or (4) of this section, as	5579
applicable.	5580

The campaign committee of a statewide candidate shall file a	5581
monthly statement of contributions received during each of the	5582
months of July, August, and September in the year of the general	5583
election in which the candidate seeks office. The campaign	5584
committee of a statewide candidate shall file the monthly	5585
statement not later than three business days after the last day of	5586
the month covered by the statement. During the period beginning on	5587
the nineteenth day before the general election in which a	5588
statewide candidate seeks election to office and extending through	5589
the day of that general election, each time the campaign committee	5590
of the joint candidates for the offices of governor and lieutenant	5591
governor or of a candidate for the office of secretary of state,	5592
auditor of state, treasurer of state, or attorney general receives	5593
a contribution from a contributor that causes the aggregate amount	5594
of contributions received from that contributor during that period	5595
to equal or exceed ten thousand dollars and each time the campaign	5596
committee of a candidate for the office of chief justice or	5597
justice of the supreme court receives a contribution from a	5598
contributor that causes the aggregate amount of contributions	5599
received from that contributor during that period to exceed ten	5600
thousand dollars, the campaign committee shall file a	5601
two-business-day statement reflecting that contribution. During	5602
the period beginning on the nineteenth day before a primary	5603
election in which a candidate for statewide office seeks	5604
nomination to office and extending through the day of that primary	5605
election, each time either the campaign committee of a statewide	5606
candidate in that primary election that files a notice under	5607
division (C)(1) of section 3517.103 of the Revised Code or the	5608
campaign committee of a statewide candidate in that primary	5609
election to which, in accordance with division (D) of section	5610
3517.103 of the Revised Code, the contribution limitations	5611
prescribed in section 3517.102 of the Revised Code no longer apply	5612
receives a contribution from a contributor that causes the	5613
aggregate amount of contributions received from that contributor	5614
during that period to exceed ten thousand dollars, the campaign	5615
committee shall file a two-business-day statement reflecting that	5616
contribution. Contributions reported on a two-business-day	5617
statement required to be filed by a campaign committee of a	5618
statewide candidate in a primary election shall also be included	5619
in the postprimary election statement required to be filed by that	5620
campaign committee under division (A)(2) of this section. A	5621
two-business-day statement required by this paragraph shall be	5622
filed not later than two business days after receipt of the	5623
contribution. The statements required by this paragraph shall be	5624
filed in addition to any other statements required by this	5625
section.	5626

Subject to the secretary of state having implemented, tested,	5627
and verified the successful operation of any system the secretary	5628
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	5629
this section and division (H)(1) of section 3517.106 of the	5630
Revised Code for the filing of campaign finance statements by	5631
electronic means of transmission, a campaign committee of a	5632
statewide candidate shall file a two-business-day statement under	5633
the preceding paragraph by electronic means of transmission if the	5634
campaign committee is required to file a pre-election,	5635
postelection, or monthly statement of contributions and	5636
expenditures by electronic means of transmission under this	5637
section or section 3517.106 of the Revised Code.	5638

If a campaign committee or political action committee has no	5639
balance on hand and no outstanding obligations and desires to	5640
terminate itself, it shall file a statement to that effect, on a	5641
form prescribed under this section and made under penalty of	5642
election falsification, with the official with whom it files a	5643
statement under division (A) of this section after filing a final	5644
statement of contributions and a final statement of expenditures,	5645
if contributions have been received or expenditures made since the	5646
period reflected in its last previously filed statement.	5647

(B) Except as otherwise provided in division (C)(7) of this	5648
section, each statement required by division (A) of this section	5649
shall contain the following information:	5650

(1) The full name and address of each campaign committee,	5651
political action committee, legislative campaign fund, or	5652
political party, including any treasurer of the committee, fund,	5653
or party, filing a contribution and expenditure statement;	5654

(2)(a) In the case of a campaign committee, the candidate's	5655
full name and address;	5656

(b) In the case of a political action committee, the	5657
registration number assigned to the committee under division	5658
(D)(1) of this section.	5659

(3) The date of the election and whether it was or will be a	5660
general, primary, or special election;	5661

(4) A statement of contributions received, which shall	5662
include the following information:	5663

(a) The month, day, and year of the contribution;

5664

(b)(i) The full name and address of each person, political	5665
party, campaign committee, legislative campaign fund, or political	5666
action committee from whom contributions are received and the	5667
registration number assigned to the political action committee	5668
under division (D)(1) of this section. The requirement of filing	5669
the full address does not apply to any statement filed by a state	5670
or local committee of a political party, to a finance committee of	5671
such committee, or to a committee recognized by a state or local	5672
committee as its fund-raising auxiliary. Notwithstanding division	5673
(F) of this section, the requirement of filing the full address	5674
shall be considered as being met if the address filed is the same	5675
address the contributor provided under division (E)(1) of this	5676
section.	5677

(ii) If a political action committee, legislative campaign	5678
fund, or political party that is required to file campaign finance	5679
statements by electronic means of transmission under section	5680
3517.106 of the Revised Code or a campaign committee of a	5681
statewide candidate or candidate for the office of member of the	5682
general assembly receives a contribution from an individual that	5683
exceeds one hundred dollars, the name of the individual's current	5684
employer, if any, or, if the individual is self-employed, the	5685
individual's occupation and the name of the individual's business,	5686
if any;	5687

(iii) If a campaign committee of a statewide candidate or	5688
candidate for the office of member of the general assembly	5689
receives a contribution transmitted pursuant to section 3599.031	5690
of the Revised Code from amounts deducted from the wages and	5691
salaries of two or more employees that exceeds in the aggregate	5692
one hundred dollars during any one filing period under division	5693
(A)(1), (2), (3), or (4) of this section, the full name of the	5694
employees' employer and the full name of the labor organization of	5695
which the employees are members, if any.	5696

(c) A description of the contribution received, if other than	5697
money;	5698

(d) The value in dollars and cents of the contribution;

5699

(e) A separately itemized account of all contributions and	5700
expenditures regardless of the amount, except a receipt of a	5701
contribution from a person in the sum of twenty-five dollars or	5702
less at one social or fund-raising activity and a receipt of a	5703
contribution transmitted pursuant to section 3599.031 of the	5704
Revised Code from amounts deducted from the wages and salaries of	5705
employees if the contribution from the amount deducted from the	5706
wages and salary of any one employee is twenty-five dollars or	5707
less aggregated in a calendar year. An account of the total	5708
contributions from each social or fund-raising activity shall	5709
include a description of and the value of each in-kind	5710
contribution received at that activity from any person who made	5711
one or more such contributions whose aggregate value exceeded two	5712
hundred fifty dollars and shall be listed separately, together	5713
with the expenses incurred and paid in connection with that	5714
activity. A campaign committee, political action committee,	5715
legislative campaign fund, or political party shall keep records	5716
of contributions from each person in the amount of twenty-five	5717
dollars or less at one social or fund-raising activity and	5718
contributions from amounts deducted under section 3599.031 of the	5719
Revised Code from the wages and salary of each employee in the	5720
amount of twenty-five dollars or less aggregated in a calendar	5721
year. No continuing association that is recognized by a state or	5722
local committee of a political party as an auxiliary of the party	5723
and that makes a contribution from funds derived solely from	5724
regular dues paid by members of the auxiliary shall be required to	5725
list the name or address of any members who paid those dues.	5726

Contributions that are other income shall be itemized	5727
separately from all other contributions. The information required	5728
under division (B)(4) of this section shall be provided for all	5729
other income itemized. As used in this paragraph, "other income"	5730
means a loan, investment income, or interest income.	5731

(f) In the case of a campaign committee of a state elected	5732
officer, if a person doing business with the state elected officer	5733
in the officer's official capacity makes a contribution to the	5734
campaign committee of that officer, the information required under	5735
division (B)(4) of this section in regard to that contribution,	5736
which shall be filed together with and considered a part of the	5737
committee's statement of contributions as required under division	5738
(A) of this section but shall be filed on a separate form provided	5739
by the secretary of state. As used in this division:	5740

(i) "State elected officer" has the same meaning as in	5741
section 3517.092 of the Revised Code.	5742

(ii) "Person doing business" means a person or an officer of	5743
an entity who enters into one or more contracts with a state	5744
elected officer or anyone authorized to enter into contracts on	5745
behalf of that officer to receive payments for goods or services,	5746
if the payments total, in the aggregate, more than five thousand	5747
dollars during a calendar year.	5748

(5) A statement of expenditures which shall include the	5749
following information:	5750

(a) The month, day, and year of the expenditure;

5751

(b) The full name and address of each person, political	5752
party, campaign committee, legislative campaign fund, or political	5753
action committee to whom the expenditure was made and the	5754
registration number assigned to the political action committee	5755
under division (D)(1) of this section;	5756

(c) The object or purpose for which the expenditure was made;

5757

(d) The amount of each expenditure.

5758

(C)(1) The statement of contributions and expenditures shall	5759
be signed by the person completing the form. If a statement of	5760
contributions and expenditures is filed by electronic means of	5761
transmission pursuant to this section or section 3517.106 of the	5762
Revised Code, the electronic signature of the person who executes	5763
the statement and transmits the statement by electronic means of	5764
transmission, as provided in division (H) of section 3517.106 of	5765
the Revised Code, shall be attached to or associated with the	5766
statement and shall be binding on all persons and for all purposes	5767
under the campaign finance reporting law as if the signature had	5768
been handwritten in ink on a printed form.	5769

(2) The person filing the statement, under penalty of	5770
election falsification, shall include with it a list of each	5771
anonymous contribution, the circumstances under which it was	5772
received, and the reason it cannot be attributed to a specific	5773
donor.	5774

(3) Each statement of a campaign committee of a candidate who	5775
holds public office shall contain a designation of each	5776
contributor who is an employee in any unit or department under the	5777
candidate's direct supervision and control. In a space provided in	5778
the statement, the person filing the statement shall affirm that	5779
each such contribution was voluntarily made.	5780

(4) A campaign committee that did not receive contributions	5781
or make expenditures in connection with the nomination or election	5782
of its candidate shall file a statement to that effect, on a form	5783
prescribed under this section and made under penalty of election	5784
falsification, on the date required in division (A)(2) of this	5785
section.	5786

(5) The campaign committee of any person who attempts to	5787
become a candidate and who, for any reason, does not become	5788
certified in accordance with Title XXXV of the Revised Code for	5789
placement on the official ballot of a primary, general, or special	5790
election to be held in this state, and who, at any time prior to	5791
or after an election, receives contributions or makes	5792
expenditures, or has given consent for another to receive	5793
contributions or make expenditures, for the purpose of bringing	5794
about the person's nomination or election to public office, shall	5795
file the statement or statements prescribed by this section and a	5796
termination statement, if applicable. Division (C)(5) of this	5797
section does not apply to any person with respect to an election	5798
to the offices of member of a county or state central committee,	5799
presidential elector, or delegate to a national convention or	5800
conference of a political party.	5801

(6)(a) The statements required to be filed under this section	5802
shall specify the balance in the hands of the campaign committee,	5803
political action committee, legislative campaign fund, or	5804
political party and the disposition intended to be made of that	5805
balance.	5806

(b) The secretary of state shall prescribe the form for all	5807
statements required to be filed under this section and shall	5808
furnish the forms to the boards of elections in the several	5809
counties. The boards of elections shall supply printed copies of	5810
those forms without charge. The secretary of state shall prescribe	5811
the appropriate methodology, protocol, and data file structure for	5812
statements required or permitted to be filed by electronic means	5813
of transmission under division (A) of this section, divisions (E),	5814
(F), and (G) of section 3517.106, division (D) of section	5815
3517.1011, division (B) of section 3517.1012, and division (C) of	5816
section 3517.1013 of the Revised Code. Subject to division (A) of	5817
this section, divisions (E), (F), and (G) of section 3517.106,	5818
division (D) of section 3517.1011, division (B) of section	5819
3517.1012, and division (C) of section 3517.1013 of the Revised	5820
Code, the statements required to be stored on computer by the	5821
secretary of state under division (B) of section 3517.106 of the	5822
Revised Code shall be filed in whatever format the secretary of	5823
state considers necessary to enable the secretary of state to	5824
store the information contained in the statements on computer. Any	5825
such format shall be of a type and nature that is readily	5826
available to whoever is required to file the statements in that	5827
format.	5828

(c) The secretary of state shall assess the need for training	5829
regarding the filing of campaign finance statements by electronic	5830
means of transmission and regarding associated technologies for	5831
candidates, campaign committees, political action committees,	5832
legislative campaign funds, or political parties, for individuals,	5833
partnerships, or other entities, or for persons making	5834
disbursements to pay the direct costs of producing or airing	5835
electioneering communications, required or permitted to file	5836
statements by electronic means of transmission under this section	5837
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013	5838
of the Revised Code. If, in the opinion of the secretary of state,	5839
training in these areas is necessary, the secretary of state shall	5840
arrange for the provision of voluntary training programs for	5841
candidates, campaign committees, political action committees,	5842
legislative campaign funds, or political parties, for individuals,	5843
partnerships, and other entities, or for persons making	5844
disbursements to pay the direct costs of producing or airing	5845
electioneering communications, as appropriate.	5846

(7) Each monthly statement and each two-business-day	5847
statement required by division (A) of this section shall contain	5848
the information required by divisions (B)(1) to (4), (C)(2), and,	5849
if appropriate, (C)(3) of this section. Each statement shall be	5850
signed as required by division (C)(1) of this section.	5851

(D)(1) Prior to receiving a contribution or making an	5852
expenditure, every campaign committee, political action committee,	5853
legislative campaign fund, or political party shall appoint a	5854
treasurer and shall file, on a form prescribed by the secretary of	5855
state, a designation of that appointment, including the full name	5856
and address of the treasurer and of the campaign committee,	5857
political action committee, legislative campaign fund, or	5858
political party. That designation shall be filed with the official	5859
with whom the campaign committee, political action committee,	5860
legislative campaign fund, or political party is required to file	5861
statements under section 3517.11 of the Revised Code. The name of	5862
a campaign committee shall include at least the last name of the	5863
campaign committee's candidate. The secretary of state shall	5864
assign a registration number to each political action committee	5865
that files a designation of the appointment of a treasurer under	5866
this division if the political action committee is required by	5867
division (A)(1) of section 3517.11 of the Revised Code to file the	5868
statements prescribed by this section with the secretary of state.	5869

(2) The treasurer appointed under division (D)(1) of this	5870
section shall keep a strict account of all contributions, from	5871
whom received and the purpose for which they were disbursed.	5872

(3)(a) Except as otherwise provided in section 3517.108 of	5873
the Revised Code, a campaign committee shall deposit all monetary	5874
contributions received by the committee into an account separate	5875
from a personal or business account of the candidate or campaign	5876
committee.	5877

(b) A political action committee shall deposit all monetary	5878
contributions received by the committee into an account separate	5879
from all other funds.	5880

(c) A state or county political party may establish a state	5881
candidate fund that is separate from an account that contains the	5882
public moneys received from the Ohio political party fund under	5883
section 3517.17 of the Revised Code and from all other funds. A	5884
state or county political party may deposit into its state	5885
candidate fund any amounts of monetary contributions that are made	5886
to or accepted by the political party subject to the applicable	5887
limitations, if any, prescribed in section 3517.102 of the Revised	5888
Code. A state or county political party shall deposit all other	5889
monetary contributions received by the party into one or more	5890
accounts that are separate from its state candidate fund and from	5891
its account that contains the public moneys received from the Ohio	5892
political party fund under section 3517.17 of the Revised Code.	5893

(d) Each state political party shall have only one	5894
legislative campaign fund for each house of the general assembly.	5895
Each such fund shall be separate from any other funds or accounts	5896
of that state party. A legislative campaign fund is authorized to	5897
receive contributions and make expenditures for the primary	5898
purpose of furthering the election of candidates who are members	5899
of that political party to the house of the general assembly with	5900
which that legislative campaign fund is associated. Each	5901
legislative campaign fund shall be administered and controlled in	5902
a manner designated by the caucus. As used in this division,	5903
"caucus" has the same meaning as in section 3517.01 of the Revised	5904
Code and includes, as an ex officio member, the chairperson of the	5905
state political party with which the caucus is associated or that	5906
chairperson's designee.	5907

(4) Every expenditure in excess of twenty-five dollars shall	5908
be vouched for by a receipted bill, stating the purpose of the	5909
expenditure, that shall be filed with the statement of	5910
expenditures. A canceled check with a notation of the purpose of	5911
the expenditure is a receipted bill for purposes of division	5912
(D)(4) of this section.	5913

(5) The secretary of state or the board of elections, as the	5914
case may be, shall issue a receipt for each statement filed under	5915
this section and shall preserve a copy of the receipt for a period	5916
of at least six years. All statements filed under this section	5917
shall be open to public inspection in the office where they are	5918
filed and shall be carefully preserved for a period of at least	5919
six years after the year in which they are filed.	5920

(6) The secretary of state, by rule adopted pursuant to	5921
section 3517.23 of the Revised Code, shall prescribe both of the	5922
following:	5923

(a) The manner of immediately acknowledging, with date and	5924
time received, and preserving the receipt of statements that are	5925
transmitted by electronic means of transmission to the secretary	5926
of state pursuant to this section or section 3517.106, 3517.1011,	5927
3517.1012, or 3517.1013 of the Revised Code;	5928

(b) The manner of preserving the contribution and	5929
expenditure, contribution and disbursement, deposit and	5930
disbursement, or gift and disbursement information in the	5931
statements described in division (D)(6)(a) of this section. The	5932
secretary of state shall preserve the contribution and	5933
expenditure, contribution and disbursement, deposit and	5934
disbursement, or gift and disbursement information in those	5935
statements for at least ten years after the year in which they are	5936
filed by electronic means of transmission.	5937

(7) The secretary of state, pursuant to division (I) of	5938
section 3517.106 of the Revised Code, shall make available online	5939
to the public through the internet the contribution and	5940
expenditure, contribution and disbursement, deposit and	5941
disbursement, or gift and disbursement information in all	5942
statements, all addenda, amendments, or other corrections to	5943
statements, and all amended statements filed with the secretary of	5944
state by electronic or other means of transmission under this	5945
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or	5946
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of	5947
the Revised Code. The secretary of state may remove the	5948
information from the internet after a reasonable period of time.	5949

(E)(1) Any person, political party, campaign committee,	5950
legislative campaign fund, or political action committee that	5951
makes a contribution in connection with the nomination or election	5952
of any candidate or in connection with any ballot issue or	5953
question at any election held or to be held in this state shall	5954
provide its full name and address to the recipient of the	5955
contribution at the time the contribution is made. The political	5956
action committee also shall provide the registration number	5957
assigned to the committee under division (D)(1) of this section to	5958
the recipient of the contribution at the time the contribution is	5959
made.	5960

(2) Any individual who makes a contribution that exceeds one	5961
hundred dollars to a political action committee, legislative	5962
campaign fund, or political party or to a campaign committee of a	5963
statewide candidate or candidate for the office of member of the	5964
general assembly shall provide the name of the individual's	5965
current employer, if any, or, if the individual is self-employed,	5966
the individual's occupation and the name of the individual's	5967
business, if any, to the recipient of the contribution at the time	5968
the contribution is made. Sections 3599.39 and 3599.40 of the	5969
Revised Code do not apply to division (E)(2) of this section.	5970

(3) If a campaign committee shows that it has exercised its	5971
best efforts to obtain, maintain, and submit the information	5972
required under divisions (B)(4)(b)(ii) and (iii) of this section,	5973
that committee is considered to have met the requirements of those	5974
divisions. A campaign committee shall not be considered to have	5975
exercised its best efforts unless, in connection with written	5976
solicitations, it regularly includes a written request for the	5977
information required under division (B)(4)(b)(ii) of this section	5978
from the contributor or the information required under division	5979
(B)(4)(b)(iii) of this section from whoever transmits the	5980
contribution.	5981

(4) Any check that a political action committee uses to make	5982
a contribution or an expenditure shall contain the full name and	5983
address of the committee and the registration number assigned to	5984
the committee under division (D)(1) of this section.	5985

(F) As used in this section:

5986

(1)(a) Except as otherwise provided in division (F)(1) of	5987
this section, "address" means all of the following if they exist:	5988
apartment number, street, road, or highway name and number, rural	5989
delivery route number, city or village, state, and zip code as	5990
used in a person's post-office address, but not post-office box.	5991

(b) Except as otherwise provided in division (F)(1) of this	5992
section, if an address is required in this section, a post-office	5993
box and office, room, or suite number may be included in addition	5994
to, but not in lieu of, an apartment, street, road, or highway	5995
name and number.	5996

(c) If an address is required in this section, a campaign	5997
committee, political action committee, legislative campaign fund,	5998
or political party may use the business or residence address of	5999
its treasurer or deputy treasurer. The post-office box number of	6000
the campaign committee, political action committee, legislative	6001
campaign fund, or political party may be used in addition to that	6002
address.	6003

(d) For the sole purpose of a campaign committee's reporting	6004
of contributions on a statement of contributions received under	6005
division (B)(4) of this section, "address" has one of the	6006
following meanings at the option of the campaign committee:	6007

(i) The same meaning as in division (F)(1)(a) of this	6008
section;	6009

(ii) All of the following, if they exist: the contributor's	6010
post-office box number and city or village, state, and zip code as	6011
used in the contributor's post-office address.	6012

(e) As used with regard to the reporting under this section	6013
of any expenditure, "address" means all of the following if they	6014
exist: apartment number, street, road, or highway name and number,	6015
rural delivery route number, city or village, state, and zip code	6016
as used in a person's post-office address, or post-office box. If	6017
an address concerning any expenditure is required in this section,	6018
a campaign committee, political action committee, legislative	6019
campaign fund, or political party may use the business or	6020
residence address of its treasurer or deputy treasurer or its	6021
post-office box number.	6022

(2) "Statewide candidate" means the joint candidates for the	6023
offices of governor and lieutenant governor or a candidate for the	6024
office of secretary of state, auditor of state, treasurer of	6025
state, attorney general, member of the state board of education,	6026
chief justice of the supreme court, or justice of the supreme	6027
court.	6028

(G) An independent expenditure shall be reported whenever and	6029
in the same manner that an expenditure is required to be reported	6030
under this section and shall be reported pursuant to division	6031
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	6032

(H)(1) Except as otherwise provided in division (H)(2) of	6033
this section, if, during the combined pre-election and	6034
postelection reporting periods for an election, a campaign	6035
committee has received contributions of five hundred dollars or	6036
less and has made expenditures in the total amount of five hundred	6037
dollars or less, it may file a statement to that effect, under	6038
penalty of election falsification, in lieu of the statement	6039
required by division (A)(2) of this section. The statement shall	6040
indicate the total amount of contributions received and the total	6041
amount of expenditures made during those combined reporting	6042
periods.	6043

(2) In the case of a successful candidate at a primary	6044
election, if either the total contributions received by or the	6045
total expenditures made by the candidate's campaign committee	6046
during the preprimary, postprimary, pregeneral, and postgeneral	6047
election periods combined equal more than five hundred dollars,	6048
the campaign committee may file the statement under division	6049
(H)(1) of this section only for the primary election. The first	6050
statement that the campaign committee files in regard to the	6051
general election shall reflect all contributions received and all	6052
expenditures made during the preprimary and postprimary election	6053
periods.	6054

(3) Divisions (H)(1) and (2) of this section do not apply if	6055
a campaign committee receives contributions or makes expenditures	6056
prior to the first day of January of the year of the election at	6057
which the candidate seeks nomination or election to office or if	6058
the campaign committee does not file a termination statement with	6059
its postprimary election statement in the case of an unsuccessful	6060
primary election candidate or with its postgeneral election	6061
statement in the case of other candidates.	6062

(I) In the case of a contribution made by a partner of a	6063
partnership or an owner or a member of another unincorporated	6064
business from any funds of the partnership or other unincorporated	6065
business, all of the following apply:	6066

(1) The recipient of the contribution shall report the	6067
contribution by listing both the partnership or other	6068
unincorporated business and the name of the partner, owner, or	6069
member making the contribution.	6070

(2) For purposes of section 3517.102 of the Revised Code, the	6071
contribution shall be considered to have been made by the partner,	6072
owner, or member reported under division (I)(1) of this section.	6073

(3) No contribution from a partner of a partnership or an	6074
owner or a member of another unincorporated business shall be	6075
accepted from any funds of the partnership or other unincorporated	6076
business unless the recipient reports the contribution under	6077
division (I)(1) of this section.	6078

(4) No partnership or other unincorporated business shall	6079
make a contribution or contributions solely in the name of the	6080
partnership or other unincorporated business.	6081

(5) As used in division (I) of this section, "partnership or	6082
other unincorporated business" includes, but is not limited to, a	6083
cooperative, a sole proprietorship, a general partnership, a	6084
limited partnership, a limited partnership association, a limited	6085
liability partnership, and a limited liability company.	6086

(J) A candidate shall have only one campaign committee at any	6087
given time for all of the offices for which the person is a	6088
candidate or holds office.	6089

(K)(1) In addition to filing a designation of appointment of	6090
a treasurer under division (D)(1) of this section, the campaign	6091
committee of any candidate for an elected municipal office that	6092
pays an annual amount of compensation of five thousand dollars or	6093
less, the campaign committee of any candidate for member of a	6094
board of education except member of the state board of education,	6095
or the campaign committee of any candidate for township trustee or	6096
township clerkfiscal officer may sign, under penalty of election	6097
falsification, a certificate attesting that the committee will not	6098
accept contributions during an election period that exceed in the	6099
aggregate two thousand dollars from all contributors and one	6100
hundred dollars from any one individual, and that the campaign	6101
committee will not make expenditures during an election period	6102
that exceed in the aggregate two thousand dollars.	6103

The certificate shall be on a form prescribed by the	6104
secretary of state and shall be filed not later than ten days	6105
after the candidate files a declaration of candidacy and petition,	6106
a nominating petition, or a declaration of intent to be a write-in	6107
candidate.	6108

(2) Except as otherwise provided in division (K)(3) of this	6109
section, a campaign committee that files a certificate under	6110
division (K)(1) of this section is not required to file the	6111
statements required by division (A) of this section.	6112

(3) If, after filing a certificate under division (K)(1) of	6113
this section, a campaign committee exceeds any of the limitations	6114
described in that division during an election period, the	6115
certificate is void and thereafter the campaign committee shall	6116
file the statements required by division (A) of this section. If	6117
the campaign committee has not previously filed a statement, then	6118
on the first statement the campaign committee is required to file	6119
under division (A) of this section after the committee's	6120
certificate is void, the committee shall report all contributions	6121
received and expenditures made from the time the candidate filed	6122
the candidate's declaration of candidacy and petition, nominating	6123
petition, or declaration of intent to be a write-in candidate.	6124

(4) As used in division (K) of this section, "election	6125
period" means the period of time beginning on the day a person	6126
files a declaration of candidacy and petition, nominating	6127
petition, or declaration of intent to be a write-in candidate	6128
through the day of the election at which the person seeks	6129
nomination to office if the person is not elected to office, or,	6130
if the candidate was nominated in a primary election, the day of	6131
the election at which the candidate seeks office.	6132

Sec. 3709.30.  In case of epidemic or threatened epidemic or	6133
during the unusual prevalence of a dangerous communicable disease,	6134
if the moneys in the district health fund of a general health	6135
district are not sufficient, in the judgment of the board of	6136
health of suchthe district, to defray the expenses necessary to	6137
prevent the spread of such disease, suchthe board shall estimate	6138
the amount required for suchthis purpose and apportion it among	6139
the townships and municipal corporations in which the condition	6140
exists, on the basis provided for in section 3709.28 of the	6141
Revised Code. SuchThe estimate and apportionment shall be	6142
certified to the county auditor of the proper county, who shall	6143
draw an order on the clerk, fiscal officer, auditor, or other	6144
similar officer of each township or municipal corporation affected	6145
therebyby it, for suchthat amount. SuchThe clerk, fiscal	6146
officer, auditor, or other similar officer shall forthwith draw	6147
hisa warrant on the township clerkfiscal officer or the	6148
treasurer of suchthe municipal corporation for the amount of such	6149
the certification, which shall be honored by the clerkfiscal	6150
officer or treasurer from any general treasury balances subject to	6151
histhe fiscal officer's or treasurer's control, regardless of	6152
funds.	6153

The clerk, fiscal officer, auditor, or other similar officer	6154
then shall thereupon set up an account to be designated "as an	6155
emergency health account," showing a deficit thereinin the	6156
account, and certify the action taken to the board of township	6157
trustees, legislative authority, or other body having the power to	6158
borrow money. Thereupon suchThat body then may exercise the	6159
powers provided for in section 3707.28 of the Revised Code. Moneys	6160
raised under this section shall be placed in the treasury of the	6161
borrowing subdivision and credited to the emergency health	6162
account, which shall thereuponthen be closed, so that the moneys	6163
taken from general cash balances shall be restored thereto and the	6164
regular funds of the subdivision shall be restored thereby.	6165

If there is not sufficient money in the general cash balances	6166
of suchthe subdivisions to satisfy the warrant so drawn by the	6167
clerk, fiscal officer, auditor, or other similar officer, the	6168
clerktownship fiscal officer or the treasurer thereofof the	6169
municipal corporation shall honor suchthe warrant to the extent	6170
of the cash in suchthe treasury, and the balance shall be	6171
certified by the clerk, fiscal officer, auditor, or other similar	6172
officer and the clerkfiscal officer or treasurer, jointly, to the	6173
borrowing authority, which shall immediately exercise the powers	6174
provided for in this section, to raise the amount of the warrant.	6175
The proceeds of such action shall be paid into the general cash	6176
balance in the treasury of the subdivision, and the balance due on	6177
the warrant shall then be paid.	6178

The warrants provided for in this section shall be drawn in	6179
favor of the county treasurer, as treasurer of the district health	6180
fund, and the proceeds shall go into suchthe fund. A separate	6181
account shall be kept of expenditures under this section. If a	6182
greater amount is expended in any township or municipal	6183
corporation than the amount drawn therefrom by action under this	6184
section, the excess shall be charged against suchthe subdivision	6185
at the next annual apportionment in addition to the amount	6186
apportionable to suchthe subdivision under section 3709.28 of the	6187
Revised Code. If the amount drawn under this section is not wholly	6188
expended in any subdivision, the unexpended remainder shall be	6189
credited to the next annual apportionment to suchthe subdivision.	6190

Performance of the official duties imposed by this section on	6191
officers, boards, and legislative bodies may be enforced by	6192
mandamus on the relation of the board of health, which is hereby	6193
given special capacity to sue in sucha mandamus action. In any	6194
such casemandamus action, the return day of the alternative writ	6195
shall not be more than three days after the filing of the	6196
petition.	6197

Sec. 3734.025.  The owner or operator of an off-site	6198
infectious waste treatment facility shall pay the fees levied by	6199
an ordinance or resolution adopted under section 3734.024 of the	6200
Revised Code monthly to the treasurer or other such officer of the	6201
municipal corporation as, by virtue of the charter, has the duties	6202
of the treasurer or to the clerkfiscal officer of the township.	6203
The owner or operator shall remit the fees to the treasurer or	6204
other officer or to the clerkfiscal officer in accordance with	6205
rules adopted under section 3734.026 of the Revised Code. The	6206
remittance shall be accompanied by a return indicating the total	6207
amount of infectious wastes received at the facility for treatment	6208
during the month to which the return applies. If a monthly return	6209
and remittance of the fees are not submitted to the treasurer or	6210
other officer or to the clerkfiscal officer within sixty days	6211
after the last day of the month to which the return and remittance	6212
apply or within sixty days after the date otherwise established in	6213
rules adopted under section 3734.026 of the Revised Code, the	6214
owner or operator shall pay a penalty of an additional fifty per	6215
cent of the amount of the remittance for each month that it is	6216
late.	6217

Money received by the treasurer or such other officer of the	6218
municipal corporation under this section shall be paid into the	6219
general fund of the municipal corporation. Money received by the	6220
clerkfiscal officer of a township under this section shall be	6221
paid into the general fund of the township. The treasurer or other	6222
officer of the municipal corporation or the clerkfiscal officer	6223
of the township, as appropriate, shall maintain separate records	6224
of money received from the fees remitted under this section.	6225

No owner or operator of an off-site infectious waste	6226
treatment facility shall violate or fail to comply with this	6227
section or a rule adopted under section 3734.026 of the Revised	6228
Code.	6229

Sec. 3734.026.  The director of environmental protection	6230
shall adopt rules in accordance with Chapter 119. of the Revised	6231
Code establishing procedures for remitting fees levied under	6232
section 3734.024 of the Revised Code to the treasurers or other	6233
appropriate fiscal officers of municipal corporations and to the	6234
clerksfiscal officers of townships. The rules also shall	6235
establish the dates for remitting the fees to those officers and	6236
may establish any other requirements that the director considers	6237
necessary or appropriate to implement or administer sections	6238
3734.024 and 3734.025 of the Revised Code.	6239

Sec. 3734.57.  (A) For the purposes of paying the state's	6240
long-term operation costs or matching share for actions taken	6241
under the "Comprehensive Environmental Response, Compensation, and	6242
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	6243
amended; paying the costs of measures for proper clean-up of sites	6244
where polychlorinated biphenyls and substances, equipment, and	6245
devices containing or contaminated with polychlorinated biphenyls	6246
have been stored or disposed of; paying the costs of conducting	6247
surveys or investigations of solid waste facilities or other	6248
locations where it is believed that significant quantities of	6249
hazardous waste were disposed of and for conducting enforcement	6250
actions arising from the findings of such surveys or	6251
investigations; paying the costs of acquiring and cleaning up, or	6252
providing financial assistance for cleaning up, any hazardous	6253
waste facility or solid waste facility containing significant	6254
quantities of hazardous waste, that constitutes an imminent and	6255
substantial threat to public health or safety or the environment;	6256
and, from July 1, 2003, through June 30, 2006, for the purposes of	6257
paying the costs of administering and enforcing the laws	6258
pertaining to solid wastes, infectious wastes, and construction	6259
and demolition debris, including, without limitation, ground water	6260
evaluations related to solid wastes, infectious wastes, and	6261
construction and demolition debris, under this chapter and Chapter	6262
3714. of the Revised Code and any rules adopted under them, and	6263
paying a share of the administrative costs of the environmental	6264
protection agency pursuant to section 3745.014 of the Revised	6265
Code, the following fees are hereby levied on the disposal of	6266
solid wastes in this state:	6267

(1) One dollar per ton on and after July 1, 1993;

6268

(2) An additional one dollar per ton on and after July 1,	6269
2003, through June 30, 2006.	6270

The owner or operator of a solid waste disposal facility	6271
shall collect the fees levied under this division as a trustee for	6272
the state and shall prepare and file with the director of	6273
environmental protection monthly returns indicating the total	6274
tonnage of solid wastes received for disposal at the gate of the	6275
facility and the total amount of the fees collected under this	6276
division. Not later than thirty days after the last day of the	6277
month to which such a return applies, the owner or operator shall	6278
mail to the director the return for that month together with the	6279
fees collected during that month as indicated on the return. The	6280
owner or operator may request an extension of not more than thirty	6281
days for filing the return and remitting the fees, provided that	6282
the owner or operator has submitted such a request in writing to	6283
the director together with a detailed description of why the	6284
extension is requested, the director has received the request not	6285
later than the day on which the return is required to be filed,	6286
and the director has approved the request. If the fees are not	6287
remitted within thirty days after the last day of the month during	6288
which they were collected or are not remitted by the last day of	6289
an extension approved by the director, the owner or operator shall	6290
pay an additional fifty per cent of the amount of the fees for	6291
each month that they are late.	6292

One-half of the moneys remitted to the director under	6293
division (A)(1) of this section shall be credited to the hazardous	6294
waste facility management fund created in section 3734.18 of the	6295
Revised Code, and one-half shall be credited to the hazardous	6296
waste clean-up fund created in section 3734.28 of the Revised	6297
Code. The moneys remitted to the director under division (A)(2) of	6298
this section shall be credited to the solid waste fund, which is	6299
hereby created in the state treasury. The environmental protection	6300
agency shall use moneys in the solid waste fund only to pay the	6301
costs of administering and enforcing the laws pertaining to solid	6302
wastes, infectious wastes, and construction and demolition debris,	6303
including, without limitation, ground water evaluations related to	6304
solid wastes, infectious wastes, and construction and demolition	6305
debris, under this chapter and Chapter 3714. of the Revised Code	6306
and rules adopted under them and to pay a share of the	6307
administrative costs of the environmental protection agency	6308
pursuant to section 3745.014 of the Revised Code.	6309

The fees levied under this division and divisions (B) and (C)	6310
of this section are in addition to all other applicable fees and	6311
taxes and shall be added to any other fee or amount specified in a	6312
contract that is charged by the owner or operator of a solid waste	6313
disposal facility or to any other fee or amount that is specified	6314
in a contract entered into on or after March 4, 1992, and that is	6315
charged by a transporter of solid wastes.	6316

(B) For the purpose of preparing, revising, and implementing	6317
the solid waste management plan of the county or joint solid waste	6318
management district, including, without limitation, the	6319
development and implementation of solid waste recycling or	6320
reduction programs; providing financial assistance to boards of	6321
health within the district, if solid waste facilities are located	6322
within the district, for the enforcement of this chapter and rules	6323
adopted and orders and terms and conditions of permits, licenses,	6324
and variances issued under it, other than the hazardous waste	6325
provisions of this chapter and rules adopted and orders and terms	6326
and conditions of permits issued under those provisions; providing	6327
financial assistance to the county to defray the added costs of	6328
maintaining roads and other public facilities and of providing	6329
emergency and other public services resulting from the location	6330
and operation of a solid waste facility within the county under	6331
the district's approved solid waste management plan; paying the	6332
costs incurred by boards of health for collecting and analyzing	6333
water samples from public or private wells on lands adjacent to	6334
solid waste facilities that are contained in the approved or	6335
amended plan of the district; paying the costs of developing and	6336
implementing a program for the inspection of solid wastes	6337
generated outside the boundaries of this state that are disposed	6338
of at solid waste facilities included in the district's approved	6339
solid waste management plan or amended plan; providing financial	6340
assistance to boards of health within the district for enforcing	6341
laws prohibiting open dumping; providing financial assistance to	6342
local law enforcement agencies within the district for enforcing	6343
laws and ordinances prohibiting littering; providing financial	6344
assistance to boards of health of health districts within the	6345
district that are on the approved list under section 3734.08 of	6346
the Revised Code for the training and certification required for	6347
their employees responsible for solid waste enforcement by rules	6348
adopted under division (L) of section 3734.02 of the Revised Code;	6349
providing financial assistance to individual municipal	6350
corporations and townships within the district to defray their	6351
added costs of maintaining roads and other public facilities and	6352
of providing emergency and other public services resulting from	6353
the location and operation within their boundaries of a	6354
composting, energy or resource recovery, incineration, or	6355
recycling facility that either is owned by the district or is	6356
furnishing solid waste management facility or recycling services	6357
to the district pursuant to a contract or agreement with the board	6358
of county commissioners or directors of the district; and payment	6359
of any expenses that are agreed to, awarded, or ordered to be paid	6360
under section 3734.35 of the Revised Code and of any	6361
administrative costs incurred pursuant to that section, the solid	6362
waste management policy committee of a county or joint solid waste	6363
management district may levy fees upon the following activities:	6364

(1) The disposal at a solid waste disposal facility located	6365
in the district of solid wastes generated within the district;	6366

(2) The disposal at a solid waste disposal facility within	6367
the district of solid wastes generated outside the boundaries of	6368
the district, but inside this state;	6369

(3) The disposal at a solid waste disposal facility within	6370
the district of solid wastes generated outside the boundaries of	6371
this state.	6372

If any such fees are levied prior to January 1, 1994, fees	6373
levied under division (B)(1) of this section always shall be equal	6374
to one-half of the fees levied under division (B)(2) of this	6375
section, and fees levied under division (B)(3) of this section,	6376
which shall be in addition to fees levied under division (B)(2) of	6377
this section, always shall be equal to fees levied under division	6378
(B)(1) of this section, except as otherwise provided in this	6379
division. The solid waste management plan of the county or joint	6380
district approved under section 3734.521 or 3734.55 of the Revised	6381
Code and any amendments to it, or the resolution adopted under	6382
this division, as appropriate, shall establish the rates of the	6383
fees levied under divisions (B)(1), (2), and (3) of this section,	6384
if any, and shall specify whether the fees are levied on the basis	6385
of tons or cubic yards as the unit of measurement. Although the	6386
fees under divisions (A)(1) and (2) of this section are levied on	6387
the basis of tons as the unit of measurement, the solid waste	6388
management plan of the district and any amendments to it or the	6389
solid waste management policy committee in its resolution levying	6390
fees under this division may direct that the fees levied under	6391
those divisions be levied on the basis of cubic yards as the unit	6392
of measurement based upon a conversion factor of three cubic yards	6393
per ton generally or one cubic yard per ton for baled wastes if	6394
the fees under divisions (B)(1) to (3) of this section are being	6395
levied on the basis of cubic yards as the unit of measurement	6396
under the plan, amended plan, or resolution.	6397

On and after January 1, 1994, the fee levied under division	6398
(B)(1) of this section shall be not less than one dollar per ton	6399
nor more than two dollars per ton, the fee levied under division	6400
(B)(2) of this section shall be not less than two dollars per ton	6401
nor more than four dollars per ton, and the fee levied under	6402
division (B)(3) of this section shall be not more than the fee	6403
levied under division (B)(1) of this section, except as otherwise	6404
provided in this division and notwithstanding any schedule of	6405
those fees established in the solid waste management plan of a	6406
county or joint district approved under section 3734.55 of the	6407
Revised Code or a resolution adopted and ratified under this	6408
division that is in effect on that date. If the fee that a	6409
district is levying under division (B)(1) of this section on that	6410
date under its approved plan or such a resolution is less than one	6411
dollar per ton, the fee shall be one dollar per ton on and after	6412
January 1, 1994, and if the fee that a district is so levying	6413
under that division exceeds two dollars per ton, the fee shall be	6414
two dollars per ton on and after that date. If the fee that a	6415
district is so levying under division (B)(2) of this section is	6416
less than two dollars per ton, the fee shall be two dollars per	6417
ton on and after that date, and if the fee that the district is so	6418
levying under that division exceeds four dollars per ton, the fee	6419
shall be four dollars per ton on and after that date. On that	6420
date, the fee levied by a district under division (B)(3) of this	6421
section shall be equal to the fee levied under division (B)(1) of	6422
this section. Except as otherwise provided in this division, the	6423
fees established by the operation of this amendment shall remain	6424
in effect until the district's resolution levying fees under this	6425
division is amended or repealed in accordance with this division	6426
to amend or abolish the schedule of fees, the schedule of fees is	6427
amended or abolished in an amended plan of the district approved	6428
under section 3734.521 or division (A) or (D) of section 3734.56	6429
of the Revised Code, or the schedule of fees is amended or	6430
abolished through an amendment to the district's plan under	6431
division (E) of section 3734.56 of the Revised Code; the	6432
notification of the amendment or abolishment of the fees has been	6433
given in accordance with this division; and collection of the	6434
amended fees so established commences, or collection of the fees	6435
ceases, in accordance with this division.	6436

The solid waste management policy committee of a district	6437
levying fees under divisions (B)(1) to (3) of this section on	6438
October 29, 1993, under its solid waste management plan approved	6439
under section 3734.55 of the Revised Code or a resolution adopted	6440
and ratified under this division that are within the ranges of	6441
rates prescribed by this amendment, by adoption of a resolution	6442
not later than December 1, 1993, and without the necessity for	6443
ratification of the resolution under this division, may amend	6444
those fees within the prescribed ranges, provided that the	6445
estimated revenues from the amended fees will not substantially	6446
exceed the estimated revenues set forth in the district's budget	6447
for calendar year 1994. Not later than seven days after the	6448
adoption of such a resolution, the committee shall notify by	6449
certified mail the owner or operator of each solid waste disposal	6450
facility that is required to collect the fees of the adoption of	6451
the resolution and of the amount of the amended fees. Collection	6452
of the amended fees shall take effect on the first day of the	6453
first month following the month in which the notification is sent	6454
to the owner or operator. The fees established in such a	6455
resolution shall remain in effect until the district's resolution	6456
levying fees that was adopted and ratified under this division is	6457
amended or repealed, and the amendment or repeal of the resolution	6458
is ratified, in accordance with this division, to amend or abolish	6459
the fees, the schedule of fees is amended or abolished in an	6460
amended plan of the district approved under section 3734.521 or	6461
division (A) or (D) of section 3734.56 of the Revised Code, or the	6462
schedule of fees is amended or abolished through an amendment to	6463
the district's plan under division (E) of section 3734.56 of the	6464
Revised Code; the notification of the amendment or abolishment of	6465
the fees has been given in accordance with this division; and	6466
collection of the amended fees so established commences, or	6467
collection of the fees ceases, in accordance with this division.	6468

Prior to the approval of the solid waste management plan of	6469
the district under section 3734.55 of the Revised Code, the solid	6470
waste management policy committee of a district may levy fees	6471
under this division by adopting a resolution establishing the	6472
proposed amount of the fees. Upon adopting the resolution, the	6473
committee shall deliver a copy of the resolution to the board of	6474
county commissioners of each county forming the district and to	6475
the legislative authority of each municipal corporation and	6476
township under the jurisdiction of the district and shall prepare	6477
and publish the resolution and a notice of the time and location	6478
where a public hearing on the fees will be held. Upon adopting the	6479
resolution, the committee shall deliver written notice of the	6480
adoption of the resolution; of the amount of the proposed fees;	6481
and of the date, time, and location of the public hearing to the	6482
director and to the fifty industrial, commercial, or institutional	6483
generators of solid wastes within the district that generate the	6484
largest quantities of solid wastes, as determined by the	6485
committee, and to their local trade associations. The committee	6486
shall make good faith efforts to identify those generators within	6487
the district and their local trade associations, but the	6488
nonprovision of notice under this division to a particular	6489
generator or local trade association does not invalidate the	6490
proceedings under this division. The publication shall occur at	6491
least thirty days before the hearing. After the hearing, the	6492
committee may make such revisions to the proposed fees as it	6493
considers appropriate and thereafter, by resolution, shall adopt	6494
the revised fee schedule. Upon adopting the revised fee schedule,	6495
the committee shall deliver a copy of the resolution doing so to	6496
the board of county commissioners of each county forming the	6497
district and to the legislative authority of each municipal	6498
corporation and township under the jurisdiction of the district.	6499
Within sixty days after the delivery of a copy of the resolution	6500
adopting the proposed revised fees by the policy committee, each	6501
such board and legislative authority, by ordinance or resolution,	6502
shall approve or disapprove the revised fees and deliver a copy of	6503
the ordinance or resolution to the committee. If any such board or	6504
legislative authority fails to adopt and deliver to the policy	6505
committee an ordinance or resolution approving or disapproving the	6506
revised fees within sixty days after the policy committee	6507
delivered its resolution adopting the proposed revised fees, it	6508
shall be conclusively presumed that the board or legislative	6509
authority has approved the proposed revised fees.	6510

In the case of a county district or a joint district formed	6511
by two or three counties, the committee shall declare the proposed	6512
revised fees to be ratified as the fee schedule of the district	6513
upon determining that the board of county commissioners of each	6514
county forming the district has approved the proposed revised fees	6515
and that the legislative authorities of a combination of municipal	6516
corporations and townships with a combined population within the	6517
district comprising at least sixty per cent of the total	6518
population of the district have approved the proposed revised	6519
fees, provided that in the case of a county district, that	6520
combination shall include the municipal corporation having the	6521
largest population within the boundaries of the district, and	6522
provided further that in the case of a joint district formed by	6523
two or three counties, that combination shall include for each	6524
county forming the joint district the municipal corporation having	6525
the largest population within the boundaries of both the county in	6526
which the municipal corporation is located and the joint district.	6527
In the case of a joint district formed by four or more counties,	6528
the committee shall declare the proposed revised fees to be	6529
ratified as the fee schedule of the joint district upon	6530
determining that the boards of county commissioners of a majority	6531
of the counties forming the district have approved the proposed	6532
revised fees; that, in each of a majority of the counties forming	6533
the joint district, the proposed revised fees have been approved	6534
by the municipal corporation having the largest population within	6535
the county and the joint district; and that the legislative	6536
authorities of a combination of municipal corporations and	6537
townships with a combined population within the joint district	6538
comprising at least sixty per cent of the total population of the	6539
joint district have approved the proposed revised fees.	6540

For the purposes of this division, only the population of the	6541
unincorporated area of a township shall be considered. For the	6542
purpose of determining the largest municipal corporation within	6543
each county under this division, a municipal corporation that is	6544
located in more than one solid waste management district, but that	6545
is under the jurisdiction of one county or joint solid waste	6546
management district in accordance with division (A) of section	6547
3734.52 of the Revised Code shall be considered to be within the	6548
boundaries of the county in which a majority of the population of	6549
the municipal corporation resides.	6550

The committee may amend the schedule of fees levied pursuant	6551
to a resolution or amended resolution adopted and ratified under	6552
this division by adopting a resolution establishing the proposed	6553
amount of the amended fees. The committee may abolish the fees	6554
levied pursuant to such a resolution or amended resolution by	6555
adopting a resolution proposing to repeal them. Upon adopting such	6556
a resolution, the committee shall proceed to obtain ratification	6557
of the resolution in accordance with this division.	6558

Not later than fourteen days after declaring the fees or	6559
amended fees to be ratified under this division, the committee	6560
shall notify by certified mail the owner or operator of each solid	6561
waste disposal facility that is required to collect the fees of	6562
the ratification and the amount of the fees. Collection of any	6563
fees or amended fees ratified on or after March 24, 1992, shall	6564
commence on the first day of the second month following the month	6565
in which notification is sent to the owner or operator.	6566

Not later than fourteen days after declaring the repeal of	6567
the district's schedule of fees to be ratified under this	6568
division, the committee shall notify by certified mail the owner	6569
or operator of each facility that is collecting the fees of the	6570
repeal. Collection of the fees shall cease on the first day of the	6571
second month following the month in which notification is sent to	6572
the owner or operator.	6573

Not later than fourteen days after the director issues an	6574
order approving a district's solid waste management plan under	6575
section 3734.55 of the Revised Code or amended plan under division	6576
(A) or (D) of section 3734.56 of the Revised Code that establishes	6577
or amends a schedule of fees levied by the district, or the	6578
ratification of an amendment to the district's approved plan or	6579
amended plan under division (E) of section 3734.56 of the Revised	6580
Code that establishes or amends a schedule of fees, as	6581
appropriate, the committee shall notify by certified mail the	6582
owner or operator of each solid waste disposal facility that is	6583
required to collect the fees of the approval of the plan or	6584
amended plan, or the amendment to the plan, as appropriate, and	6585
the amount of the fees or amended fees. In the case of an initial	6586
or amended plan approved under section 3734.521 of the Revised	6587
Code in connection with a change in district composition, other	6588
than one involving the withdrawal of a county from a joint	6589
district, that establishes or amends a schedule of fees levied	6590
under divisions (B)(1) to (3) of this section by a district	6591
resulting from the change, the committee, within fourteen days	6592
after the change takes effect pursuant to division (G) of that	6593
section, shall notify by certified mail the owner or operator of	6594
each solid waste disposal facility that is required to collect the	6595
fees that the change has taken effect and of the amount of the	6596
fees or amended fees. Collection of any fees set forth in a plan	6597
or amended plan approved by the director on or after April 16,	6598
1993, or an amendment of a plan or amended plan under division (E)	6599
of section 3734.56 of the Revised Code that is ratified on or	6600
after April 16, 1993, shall commence on the first day of the	6601
second month following the month in which notification is sent to	6602
the owner or operator.	6603

Not later than fourteen days after the director issues an	6604
order approving a district's plan under section 3734.55 of the	6605
Revised Code or amended plan under division (A) or (D) of section	6606
3734.56 of the Revised Code that abolishes the schedule of fees	6607
levied under divisions (B)(1) to (3) of this section, or an	6608
amendment to the district's approved plan or amended plan	6609
abolishing the schedule of fees is ratified pursuant to division	6610
(E) of section 3734.56 of the Revised Code, as appropriate, the	6611
committee shall notify by certified mail the owner or operator of	6612
each facility that is collecting the fees of the approval of the	6613
plan or amended plan, or the amendment of the plan or amended	6614
plan, as appropriate, and the abolishment of the fees. In the case	6615
of an initial or amended plan approved under section 3734.521 of	6616
the Revised Code in connection with a change in district	6617
composition, other than one involving the withdrawal of a county	6618
from a joint district, that abolishes the schedule of fees levied	6619
under divisions (B)(1) to (3) of this section by a district	6620
resulting from the change, the committee, within fourteen days	6621
after the change takes effect pursuant to division (G) of that	6622
section, shall notify by certified mail the owner or operator of	6623
each solid waste disposal facility that is required to collect the	6624
fees that the change has taken effect and of the abolishment of	6625
the fees. Collection of the fees shall cease on the first day of	6626
the second month following the month in which notification is sent	6627
to the owner or operator.	6628

Except as otherwise provided in this division, if the	6629
schedule of fees that a district is levying under divisions (B)(1)	6630
to (3) of this section pursuant to a resolution or amended	6631
resolution adopted and ratified under this division, the solid	6632
waste management plan of the district approved under section	6633
3734.55 of the Revised Code, an amended plan approved under	6634
division (A) or (D) of section 3734.56 of the Revised Code, or an	6635
amendment to the district's approved plan or amended plan under	6636
division (E) of section 3734.56 of the Revised Code, is amended by	6637
the adoption and ratification of an amendment to the resolution or	6638
amended resolution or an amendment of the district's approved plan	6639
or amended plan, the fees in effect immediately prior to the	6640
approval of the plan or the amendment of the resolution, amended	6641
resolution, plan, or amended plan, as appropriate, shall continue	6642
to be collected until collection of the amended fees commences	6643
pursuant to this division.	6644

If, in the case of a change in district composition involving	6645
the withdrawal of a county from a joint district, the director	6646
completes the actions required under division (G)(1) or (3) of	6647
section 3734.521 of the Revised Code, as appropriate, forty-five	6648
days or more before the beginning of a calendar year, the policy	6649
committee of each of the districts resulting from the change that	6650
obtained the director's approval of an initial or amended plan in	6651
connection with the change, within fourteen days after the	6652
director's completion of the required actions, shall notify by	6653
certified mail the owner or operator of each solid waste disposal	6654
facility that is required to collect the district's fees that the	6655
change is to take effect on the first day of January immediately	6656
following the issuance of the notice and of the amount of the fees	6657
or amended fees levied under divisions (B)(1) to (3) of this	6658
section pursuant to the district's initial or amended plan as so	6659
approved or, if appropriate, the abolishment of the district's	6660
fees by that initial or amended plan. Collection of any fees set	6661
forth in such a plan or amended plan shall commence on the first	6662
day of January immediately following the issuance of the notice.	6663
If such an initial or amended plan abolishes a schedule of fees,	6664
collection of the fees shall cease on that first day of January.	6665

If, in the case of a change in district composition involving	6666
the withdrawal of a county from a joint district, the director	6667
completes the actions required under division (G)(1) or (3) of	6668
section 3734.521 of the Revised Code, as appropriate, less than	6669
forty-five days before the beginning of a calendar year, the	6670
director, on behalf of each of the districts resulting from the	6671
change that obtained the director's approval of an initial or	6672
amended plan in connection with the change proceedings, shall	6673
notify by certified mail the owner or operator of each solid waste	6674
disposal facility that is required to collect the district's fees	6675
that the change is to take effect on the first day of January	6676
immediately following the mailing of the notice and of the amount	6677
of the fees or amended fees levied under divisions (B)(1) to (3)	6678
of this section pursuant to the district's initial or amended plan	6679
as so approved or, if appropriate, the abolishment of the	6680
district's fees by that initial or amended plan. Collection of any	6681
fees set forth in such a plan or amended plan shall commence on	6682
the first day of the second month following the month in which	6683
notification is sent to the owner or operator. If such an initial	6684
or amended plan abolishes a schedule of fees, collection of the	6685
fees shall cease on the first day of the second month following	6686
the month in which notification is sent to the owner or operator.	6687

In the case of a change in district composition, the schedule	6688
of fees that the former districts that existed prior to the change	6689
were levying under divisions (B)(1) to (3) of this section	6690
pursuant to a resolution or amended resolution adopted and	6691
ratified under this division, the solid waste management plan of a	6692
former district approved under section 3734.521 or 3734.55 of the	6693
Revised Code, an amended plan approved under section 3734.521 or	6694
division (A) or (D) of section 3734.56 of the Revised Code, or an	6695
amendment to a former district's approved plan or amended plan	6696
under division (E) of section 3734.56 of the Revised Code, and	6697
that were in effect on the date that the director completed the	6698
actions required under division (G)(1) or (3) of section 3734.521	6699
of the Revised Code shall continue to be collected until the	6700
collection of the fees or amended fees of the districts resulting	6701
from the change is required to commence, or if an initial or	6702
amended plan of a resulting district abolishes a schedule of fees,	6703
collection of the fees is required to cease, under this division.	6704
Moneys so received from the collection of the fees of the former	6705
districts shall be divided among the resulting districts in	6706
accordance with division (B) of section 343.012 of the Revised	6707
Code and the agreements entered into under division (B) of section	6708
343.01 of the Revised Code to establish the former and resulting	6709
districts and any amendments to those agreements.	6710

For the purposes of the provisions of division (B) of this	6711
section establishing the times when newly established or amended	6712
fees levied by a district are required to commence and the	6713
collection of fees that have been amended or abolished is required	6714
to cease, "fees" or "schedule of fees" includes, in addition to	6715
fees levied under divisions (B)(1) to (3) of this section, those	6716
levied under section 3734.573 or 3734.574 of the Revised Code.	6717

(C) For the purposes of defraying the added costs to a	6718
municipal corporation or township of maintaining roads and other	6719
public facilities and of providing emergency and other public	6720
services, and compensating a municipal corporation or township for	6721
reductions in real property tax revenues due to reductions in real	6722
property valuations resulting from the location and operation of a	6723
solid waste disposal facility within the municipal corporation or	6724
township, a municipal corporation or township in which such a	6725
solid waste disposal facility is located may levy a fee of not	6726
more than twenty-five cents per ton on the disposal of solid	6727
wastes at a solid waste disposal facility located within the	6728
boundaries of the municipal corporation or township regardless of	6729
where the wastes were generated.	6730

The legislative authority of a municipal corporation or	6731
township may levy fees under this division by enacting an	6732
ordinance or adopting a resolution establishing the amount of the	6733
fees. Upon so doing the legislative authority shall mail a	6734
certified copy of the ordinance or resolution to the board of	6735
county commissioners or directors of the county or joint solid	6736
waste management district in which the municipal corporation or	6737
township is located or, if a regional solid waste management	6738
authority has been formed under section 343.011 of the Revised	6739
Code, to the board of trustees of that regional authority, the	6740
owner or operator of each solid waste disposal facility in the	6741
municipal corporation or township that is required to collect the	6742
fee by the ordinance or resolution, and the director of	6743
environmental protection. Although the fees levied under this	6744
division are levied on the basis of tons as the unit of	6745
measurement, the legislative authority, in its ordinance or	6746
resolution levying the fees under this division, may direct that	6747
the fees be levied on the basis of cubic yards as the unit of	6748
measurement based upon a conversion factor of three cubic yards	6749
per ton generally or one cubic yard per ton for baled wastes.	6750

Not later than five days after enacting an ordinance or	6751
adopting a resolution under this division, the legislative	6752
authority shall so notify by certified mail the owner or operator	6753
of each solid waste disposal facility that is required to collect	6754
the fee. Collection of any fee levied on or after March 24, 1992,	6755
shall commence on the first day of the second month following the	6756
month in which notification is sent to the owner or operator.	6757

(D)(1) The fees levied under divisions (A), (B), and (C) of	6758
this section do not apply to the disposal of solid wastes that:	6759

(a) Are disposed of at a facility owned by the generator of	6760
the wastes when the solid waste facility exclusively disposes of	6761
solid wastes generated at one or more premises owned by the	6762
generator regardless of whether the facility is located on a	6763
premises where the wastes are generated;	6764

(b) Are disposed of at facilities that exclusively dispose of	6765
wastes that are generated from the combustion of coal, or from the	6766
combustion of primarily coal in combination with scrap tires, that	6767
is not combined in any way with garbage at one or more premises	6768
owned by the generator.	6769

(2) Except as provided in section 3734.571 of the Revised	6770
Code, any fees levied under division (B)(1) of this section apply	6771
to solid wastes originating outside the boundaries of a county or	6772
joint district that are covered by an agreement for the joint use	6773
of solid waste facilities entered into under section 343.02 of the	6774
Revised Code by the board of county commissioners or board of	6775
directors of the county or joint district where the wastes are	6776
generated and disposed of.	6777

(3) When solid wastes, other than solid wastes that consist	6778
of scrap tires, are burned in a disposal facility that is an	6779
incinerator or energy recovery facility, the fees levied under	6780
divisions (A), (B), and (C) of this section shall be levied upon	6781
the disposal of the fly ash and bottom ash remaining after burning	6782
of the solid wastes and shall be collected by the owner or	6783
operator of the sanitary landfill where the ash is disposed of.	6784

(4) When solid wastes are delivered to a solid waste transfer	6785
facility, the fees levied under divisions (A), (B), and (C) of	6786
this section shall be levied upon the disposal of solid wastes	6787
transported off the premises of the transfer facility for disposal	6788
and shall be collected by the owner or operator of the solid waste	6789
disposal facility where the wastes are disposed of.	6790

(5) The fees levied under divisions (A), (B), and (C) of this	6791
section do not apply to sewage sludge that is generated by a waste	6792
water treatment facility holding a national pollutant discharge	6793
elimination system permit and that is disposed of through	6794
incineration, land application, or composting or at another	6795
resource recovery or disposal facility that is not a landfill.	6796

(6) The fees levied under divisions (A), (B), and (C) of this	6797
section do not apply to solid wastes delivered to a solid waste	6798
composting facility for processing. When any unprocessed solid	6799
waste or compost product is transported off the premises of a	6800
composting facility and disposed of at a landfill, the fees levied	6801
under divisions (A), (B), and (C) of this section shall be	6802
collected by the owner or operator of the landfill where the	6803
unprocessed waste or compost product is disposed of.	6804

(7) When solid wastes that consist of scrap tires are	6805
processed at a scrap tire recovery facility, the fees levied under	6806
divisions (A), (B), and (C) of this section shall be levied upon	6807
the disposal of the fly ash and bottom ash or other solid wastes	6808
remaining after the processing of the scrap tires and shall be	6809
collected by the owner or operator of the solid waste disposal	6810
facility where the ash or other solid wastes are disposed of.	6811

(E) The fees levied under divisions (B) and (C) of this	6812
section shall be collected by the owner or operator of the solid	6813
waste disposal facility where the wastes are disposed of as a	6814
trustee for the county or joint district and municipal corporation	6815
or township where the wastes are disposed of. Moneys from the fees	6816
levied under division (B) of this section shall be forwarded to	6817
the board of county commissioners or board of directors of the	6818
district in accordance with rules adopted under division (H) of	6819
this section. Moneys from the fees levied under division (C) of	6820
this section shall be forwarded to the treasurer or such other	6821
officer of the municipal corporation as, by virtue of the charter,	6822
has the duties of the treasurer or to the clerkfiscal officer of	6823
the township, as appropriate, in accordance with those rules.	6824

(F) Moneys received by the treasurer or such other officer of	6825
the municipal corporation under division (E) of this section shall	6826
be paid into the general fund of the municipal corporation. Moneys	6827
received by the clerkfiscal officer of the township under that	6828
division shall be paid into the general fund of the township. The	6829
treasurer or such other officer of the municipal corporation or	6830
the clerktownship fiscal officer, as appropriate, shall maintain	6831
separate records of the moneys received from the fees levied under	6832
division (C) of this section.	6833

(G) Moneys received by the board of county commissioners or	6834
board of directors under division (E) of this section or section	6835
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	6836
shall be paid to the county treasurer, or other official acting in	6837
a similar capacity under a county charter, in a county district or	6838
to the county treasurer or other official designated by the board	6839
of directors in a joint district and kept in a separate and	6840
distinct fund to the credit of the district. If a regional solid	6841
waste management authority has been formed under section 343.011	6842
of the Revised Code, moneys received by the board of trustees of	6843
that regional authority under division (E) of this section shall	6844
be kept by the board in a separate and distinct fund to the credit	6845
of the district. Moneys in the special fund of the county or joint	6846
district arising from the fees levied under division (B) of this	6847
section and the fee levied under division (A) of section 3734.573	6848
of the Revised Code shall be expended by the board of county	6849
commissioners or directors of the district in accordance with the	6850
district's solid waste management plan or amended plan approved	6851
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	6852
exclusively for the following purposes:	6853

(1) Preparation of the solid waste management plan of the	6854
district under section 3734.54 of the Revised Code, monitoring	6855
implementation of the plan, and conducting the periodic review and	6856
amendment of the plan required by section 3734.56 of the Revised	6857
Code by the solid waste management policy committee;	6858

(2) Implementation of the approved solid waste management	6859
plan or amended plan of the district, including, without	6860
limitation, the development and implementation of solid waste	6861
recycling or reduction programs;	6862

(3) Providing financial assistance to boards of health within	6863
the district, if solid waste facilities are located within the	6864
district, for enforcement of this chapter and rules, orders, and	6865
terms and conditions of permits, licenses, and variances adopted	6866
or issued under it, other than the hazardous waste provisions of	6867
this chapter and rules adopted and orders and terms and conditions	6868
of permits issued under those provisions;	6869

(4) Providing financial assistance to each county within the	6870
district to defray the added costs of maintaining roads and other	6871
public facilities and of providing emergency and other public	6872
services resulting from the location and operation of a solid	6873
waste facility within the county under the district's approved	6874
solid waste management plan or amended plan;	6875

(5) Pursuant to contracts entered into with boards of health	6876
within the district, if solid waste facilities contained in the	6877
district's approved plan or amended plan are located within the	6878
district, for paying the costs incurred by those boards of health	6879
for collecting and analyzing samples from public or private water	6880
wells on lands adjacent to those facilities;	6881

(6) Developing and implementing a program for the inspection	6882
of solid wastes generated outside the boundaries of this state	6883
that are disposed of at solid waste facilities included in the	6884
district's approved solid waste management plan or amended plan;	6885

(7) Providing financial assistance to boards of health within	6886
the district for the enforcement of section 3734.03 of the Revised	6887
Code or to local law enforcement agencies having jurisdiction	6888
within the district for enforcing anti-littering laws and	6889
ordinances;	6890

(8) Providing financial assistance to boards of health of	6891
health districts within the district that are on the approved list	6892
under section 3734.08 of the Revised Code to defray the costs to	6893
the health districts for the participation of their employees	6894
responsible for enforcement of the solid waste provisions of this	6895
chapter and rules adopted and orders and terms and conditions of	6896
permits, licenses, and variances issued under those provisions in	6897
the training and certification program as required by rules	6898
adopted under division (L) of section 3734.02 of the Revised Code;	6899

(9) Providing financial assistance to individual municipal	6900
corporations and townships within the district to defray their	6901
added costs of maintaining roads and other public facilities and	6902
of providing emergency and other public services resulting from	6903
the location and operation within their boundaries of a	6904
composting, energy or resource recovery, incineration, or	6905
recycling facility that either is owned by the district or is	6906
furnishing solid waste management facility or recycling services	6907
to the district pursuant to a contract or agreement with the board	6908
of county commissioners or directors of the district;	6909

(10) Payment of any expenses that are agreed to, awarded, or	6910
ordered to be paid under section 3734.35 of the Revised Code and	6911
of any administrative costs incurred pursuant to that section. In	6912
the case of a joint solid waste management district, if the board	6913
of county commissioners of one of the counties in the district is	6914
negotiating on behalf of affected communities, as defined in that	6915
section, in that county, the board shall obtain the approval of	6916
the board of directors of the district in order to expend moneys	6917
for administrative costs incurred.	6918

Prior to the approval of the district's solid waste	6919
management plan under section 3734.55 of the Revised Code, moneys	6920
in the special fund of the district arising from the fees shall be	6921
expended for those purposes in the manner prescribed by the solid	6922
waste management policy committee by resolution.	6923

Notwithstanding division (G)(6) of this section as it existed	6924
prior to October 29, 1993, or any provision in a district's solid	6925
waste management plan prepared in accordance with division	6926
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	6927
prior to that date, any moneys arising from the fees levied under	6928
division (B)(3) of this section prior to January 1, 1994, may be	6929
expended for any of the purposes authorized in divisions (G)(1) to	6930
(10) of this section.	6931

(H) The director shall adopt rules in accordance with Chapter	6932
119. of the Revised Code prescribing procedures for collecting and	6933
forwarding the fees levied under divisions (B) and (C) of this	6934
section to the boards of county commissioners or directors of	6935
county or joint solid waste management districts and to the	6936
treasurers or other officers of municipal corporations or toand	6937
the clerksfiscal officers of townships. The rules also shall	6938
prescribe the dates for forwarding the fees to the boards and	6939
officials and may prescribe any other requirements the director	6940
considers necessary or appropriate to implement and administer	6941
divisions (A), (B), and (C) of this section. Collection of the	6942
fees levied under division (A)(1) of this section shall commence	6943
on July 1, 1993. Collection of the fees levied under division	6944
(A)(2) of this section shall commence on January 1, 1994.	6945

Sec. 4301.80.  (A) As used in this section, "community	6946
entertainment district" means a bounded area that includes or will	6947
include a combination of entertainment, retail, educational,	6948
sporting, social, cultural, or arts establishments within close	6949
proximity to some or all of the following types of establishments	6950
within the district, or other types of establishments similar to	6951
these:	6952

(1) Hotels;

6953

(2) Restaurants;

6954

(3) Retail sales establishments;

6955

(4) Enclosed shopping centers;

6956

(5) Museums;

6957

(6) Performing arts theaters;

6958

(7) Motion picture theaters;

6959

(8) Night clubs;

6960

(9) Convention facilities;

6961

(10) Sports facilities;

6962

(11) Entertainment facilities or complexes;

6963

(12) Any combination of the establishments described in	6964
division (A)(1) to (11) of this section that provide similar	6965
services to the community.	6966

(B) Any owner of property located in a municipal corporation	6967
seeking to have that property, or that property and other	6968
surrounding property, designated as a community entertainment	6969
district shall file an application seeking this designation with	6970
the mayor of the municipal corporation in which that property is	6971
located. Any owner of property located in the unincorporated area	6972
of a township seeking to have that property, or that property and	6973
other surrounding property, designated as a community	6974
entertainment district shall file an application seeking this	6975
designation with the board of township trustees of the township in	6976
whose unincorporated area that property is located. An application	6977
to designate an area as a community entertainment district shall	6978
contain all of the following:	6979

(1) The applicant's name and address;

6980

(2) A map or survey of the proposed community entertainment	6981
district in sufficient detail to identify the boundaries of the	6982
district and the property owned by the applicant;	6983

(3) A general statement of the nature and types of	6984
establishments described in division (A) of this section that are	6985
or will be located within the proposed community improvement	6986
district and any other establishments located in the proposed	6987
community entertainment district that are not described in	6988
division (A) of this section;	6989

(4) If some or all of the establishments within the proposed	6990
community entertainment district have not yet been developed, the	6991
proposed time frame for completing the development of these	6992
establishments;	6993

(5) Evidence that the uses of land within the proposed	6994
community entertainment district are in accord with the municipal	6995
corporation's or township's master zoning plan or map;	6996

(6) A certificate from a surveyor or engineer licensed under	6997
Chapter 4733. of the Revised Code indicating that the area	6998
encompassed by the proposed community entertainment district	6999
contains no less than twenty contiguous acres;	7000

(7) A handling and processing fee to accompany the	7001
application, payable to the applicable municipal corporation or	7002
township, in an amount determined by that municipal corporation or	7003
township.	7004

(C) An application described in division (B) of this section	7005
relating to an area located in a municipal corporation shall be	7006
addressed and submitted to the mayor of the municipal corporation	7007
in which the area described in the application is located. The	7008
mayor, within thirty days after receiving the application, shall	7009
submit the application with the mayor's recommendation to the	7010
legislative authority of the municipal corporation. An application	7011
described in division (B) of this section relating to an area	7012
located in the unincorporated area of a township shall be	7013
addressed and submitted to the board of township trustees of the	7014
township in whose unincorporated area the area described in the	7015
application is located. The application is a public record for	7016
purposes of section 149.43 of the Revised Code upon its receipt by	7017
the mayor or board of township trustees.	7018

Within thirty days after it receives the application and the	7019
mayor's recommendations relating to the application, the	7020
legislative authority of the municipal corporation, by notice	7021
published once a week for two consecutive weeks in at least one	7022
newspaper of general circulation in the municipal corporation,	7023
shall notify the public that the application is on file in the	7024
office of the clerk of the municipal corporation and is available	7025
for inspection by the public during regular business hours. Within	7026
thirty days after it receives the application, the board of	7027
township trustees, by notice published once a week for two	7028
consecutive weeks in at least one newspaper of general circulation	7029
in the township, shall notify the public that the application is	7030
on file in the office of the township clerkfiscal officer and is	7031
available for inspection by the public during regular business	7032
hours. The notice shall also indicate the date and time of any	7033
public hearing by the legislative authority or board of township	7034
trustees on the application.	7035

Within seventy-five days after the date the application is	7036
filed with the mayor of a municipal corporation, the legislative	7037
authority of the municipal corporation by ordinance or resolution	7038
shall approve or disapprove the application based on whether the	7039
proposed community entertainment district does or will	7040
substantially contribute to entertainment, retail, educational,	7041
sporting, social, cultural, or arts opportunities for the	7042
community. The community considered shall at a minimum include the	7043
municipal corporation in which the community is located. Any	7044
approval of an application shall be by an affirmative majority	7045
vote of the legislative authority.	7046

Within seventy-five days after the date the application is	7047
filed with a board of township trustees, the board by resolution	7048
shall approve or disapprove the application based on whether the	7049
proposed community entertainment district does or will	7050
substantially contribute to entertainment, retail, educational,	7051
sporting, social, cultural, or arts opportunities for the	7052
community. The community considered shall at a minimum include the	7053
township in which the community is located. Any approval of an	7054
application shall be by an affirmative majority vote of the board	7055
of township trustees.	7056

If the legislative authority or board of township trustees	7057
disapproves the application, the applicant may make changes in the	7058
application to secure its approval by the legislative authority or	7059
board of township trustees. Any area approved by the legislative	7060
authority or board of township trustees constitutes a community	7061
entertainment district, and a local option election may be	7062
conducted in the district, as a type of community facility, under	7063
section 4301.356 of the Revised Code.	7064

(D) All or part of an area designated as a community	7065
entertainment district may lose this designation as provided in	7066
this division. The legislative authority of a municipal	7067
corporation in which a community entertainment district is	7068
located, or the board of township trustees of the township in	7069
whose unincorporated area a community entertainment district is	7070
located, after giving notice of its proposed action by publication	7071
once a week for two consecutive weeks in at least one newspaper of	7072
general circulation in the municipal corporation or township, may	7073
determine by ordinance or resolution in the case of the	7074
legislative authority of a municipal corporation, or by resolution	7075
in the case of a board of township trustees of a township, that	7076
all or part of the area fails to meet the standards described in	7077
this section for designation of an area as a community	7078
entertainment district. If the legislative authority or board so	7079
determines, the area designated in the ordinance or resolution no	7080
longer constitutes a community entertainment district.	7081

Sec. 4303.26.  (A) Applications for regular permits	7082
authorized by sections 4303.02 to 4303.23 of the Revised Code may	7083
be filed with the division of liquor control. No permit shall be	7084
issued by the division until fifteen days after the application	7085
for it is filed. An applicant for the issuance of a new permit	7086
shall pay a processing fee of one hundred dollars when filing	7087
application for the permit, if the permit is then available, or	7088
shall pay the processing fee when a permit becomes available, if	7089
it is not available when the applicant initially files the	7090
application. When an application for a new class C or D permit is	7091
filed, when class C or D permits become available, or when an	7092
application for transfer of ownership of a class C or D permit or	7093
transfer of a location of a class C or D permit is filed, no	7094
permit shall be issued, nor shall the location or the ownership of	7095
a permit be transferred, by the division until the division	7096
notifies the legislative authority of the municipal corporation,	7097
if the business or event is or is to be located within the	7098
corporate limits of a municipal corporation, or the clerk of the	7099
board of county commissioners and the fiscal officer of the board	7100
of township trustees in the county in which the business or event	7101
is or is to be conducted, if the business is or is to be located	7102
outside the corporate limits of a municipal corporation, and an	7103
opportunity is provided officials or employees of the municipal	7104
corporation or county and township, who shall be designated by the	7105
legislative authority of the municipal corporation or the board of	7106
county commissioners or board of township trustees, for a complete	7107
hearing upon the advisability of the issuance, transfer of	7108
ownership, or transfer of location of the permit. In this hearing,	7109
no objection to the issuance, transfer of ownership, or transfer	7110
of location of the permit shall be based upon noncompliance of the	7111
proposed permit premises with local zoning regulations which	7112
prohibit the sale of beer or intoxicating liquor, in an area zoned	7113
for commercial or industrial uses, for a permit premises that	7114
would otherwise qualify for a proper permit issued by the	7115
division.	7116

When the division sends notice to the legislative or	7117
executive authority of the political subdivision, as required by	7118
this section, the division shall also so notify, by certified	7119
mail, return receipt requested, or by personal service, the chief	7120
peace officer of the political subdivision. Upon the request of	7121
the chief peace officer, the division shall send the chief peace	7122
officer a copy of the application for the issuance or the transfer	7123
of ownership or location of the permit and all other documents or	7124
materials filed by the applicant or applicants in relation to the	7125
application. The chief peace officer may appear and testify,	7126
either in person or through a representative, at any hearing held	7127
on the advisability of the issuance, transfer of ownership, or	7128
transfer of location of the permit. The hearing shall be held in	7129
the central office of the division, except that upon written	7130
request of the legislative authority of the municipal corporation	7131
or the board of county commissioners or board of township	7132
trustees, the hearing shall be held in the county seat of the	7133
county where the applicant's business is or is to be conducted.	7134

If the business or event specified in an application for the	7135
issuance, transfer of ownership, or transfer of location of any	7136
regular permit authorized by sections 4303.02 to 4303.23 of the	7137
Revised Code, except for an F-2 permit, is, or is to be operated,	7138
within five hundred feet from the boundaries of a parcel of real	7139
estate having situated on it a school, church, library, public	7140
playground, or township park, no permit shall be issued, nor shall	7141
the location or the ownership of a permit be transferred, by the	7142
division until written notice of the filing of the application	7143
with the division is served, by certified mail, return receipt	7144
requested, or by personal service, upon the authorities in control	7145
of the school, church, library, public playground, or township	7146
park and an opportunity is provided them for a complete hearing	7147
upon the advisability of the issuance, transfer of ownership, or	7148
transfer of location of the permit. In this hearing, no objection	7149
to the issuance, transfer of ownership, or transfer of location of	7150
the permit shall be based upon the noncompliance of the proposed	7151
permit premises with local zoning regulations which prohibit the	7152
sale of beer or intoxicating liquor, in an area zoned for	7153
commercial or industrial uses, for a permit premises that would	7154
otherwise qualify for a proper permit issued by the division. Upon	7155
the written request of any suchof these authorities, the hearing	7156
shall be held in the county seat of the county where the	7157
applicant's business is or is to be conducted.	7158

A request for any hearing authorized by this section shall be	7159
made no later than thirty days from the time of notification by	7160
the division. This thirty-day period begins on the date the	7161
division mails notice to the legislative authority or the date on	7162
which the division mails notice to or, by personal service, serves	7163
notice upon, the institution. The division shall conduct a hearing	7164
if the request for the hearing is postmarked by the deadline date.	7165
The division may allow, upon cause shown by the requesting	7166
legislative authority or board, an extension of thirty additional	7167
days for the legislative authority of the municipal corporation,	7168
board of township trustees of the township, or board of county	7169
commissioners of the county in which a permit premises is or is to	7170
be located to object to the issuance, transfer of ownership, or	7171
transfer of location of a permit. SuchThe request for the	7172
extension shall be made by the legislative authority or board to	7173
the division no later than thirty days after the time of	7174
notification by the division.	7175

(B)(1) When an application for transfer of ownership of a	7176
permit is filed with the division, the division shall give notice	7177
of the application to the department of taxation. Within twenty	7178
days after receiving this notification, the department of taxation	7179
shall notify the division of liquor control and the proposed	7180
transferee of the permit if the permit holder owes to this state	7181
any delinquent sales taxes or income taxes withheld from employee	7182
compensation or has failed to file any sales tax returns or	7183
employee income tax withholding returns, to the extent that such	7184
the delinquent taxes and delinquent returns are known to the	7185
department of taxation at that time. The division shall not	7186
transfer ownership of the permit until returns known to be	7187
delinquent are filed and until any suchthe tax or withholding	7188
delinquency is resolved. As used in this division, "resolved"	7189
means that the tax or withholding delinquency has been paid or an	7190
amount sufficient to satisfy the delinquency is in escrow for the	7191
benefit of the state. The department of taxation shall notify the	7192
division of the resolution. After the division has received such	7193
the notification from the department of taxation, the division may	7194
proceed to transfer ownership of the permit. Nothing in this	7195
division shall be construed to affect or limit the	7196
responsibilities or liabilities of the transferor or the	7197
transferee imposed by Chapter 5739. or 5747. of the Revised Code.	7198

(2) Notwithstanding section 5703.21 of the Revised Code,	7199
nothing prohibits the department of taxation from disclosing to	7200
the division or to the proposed transferee or the proposed	7201
transferee's designated agent any information pursuant to division	7202
(B)(1) of this section.	7203

(C) No F or F-2 permit shall be issued for an event until the	7204
applicant has, by means of a form that the division shall provide	7205
to the applicant, notified the chief peace officer of the	7206
political subdivision in which the event will be conducted of the	7207
date, time, place, and duration of the event.	7208

(D) The division of liquor control shall notify an applicant	7209
for a permit authorized by sections 4303.02 to 4303.23 of the	7210
Revised Code of an action pending or judgment entered against a	7211
liquor permit premises, of which the division has knowledge,	7212
pursuant to section 3767.03 or 3767.05 of the Revised Code if the	7213
applicant is applying for a permit at the location of the premises	7214
that is the subject of the action under section 3767.03 or	7215
judgment under section 3767.05 of the Revised Code.	7216

Sec. 4928.20.  (A) The legislative authority of a municipal	7217
corporation may adopt an ordinance, or the board of township	7218
trustees of a township or the board of county commissioners of a	7219
county may adopt a resolution, under which, on or after the	7220
starting date of competitive retail electric service, it may	7221
aggregate in accordance with this section the retail electrical	7222
loads located, respectively, within the municipal corporation,	7223
township, or unincorporated area of the county and, for that	7224
purpose, may enter into service agreements to facilitate for those	7225
loads the sale and purchase of electricity. The legislative	7226
authority or board also may exercise such authority jointly with	7227
any other such legislative authority or board. An ordinance or	7228
resolution under this division shall specify whether the	7229
aggregation will occur only with the prior consent of each person	7230
owning, occupying, controlling, or using an electric load center	7231
proposed to be aggregated or will occur automatically for all such	7232
persons pursuant to the opt-out requirements of division (D) of	7233
this section. Nothing in this division, however, authorizes the	7234
aggregation of such retail electric loads of an electric load	7235
center, as defined in section 4933.81 of the Revised Code, that is	7236
located in the certified territory of a nonprofit electric	7237
supplier under sections 4933.81 to 4933.90 of the Revised Code or	7238
an electric load center served by transmission or distribution	7239
facilities of a municipal electric utility.	7240

(B) If an ordinance or resolution adopted under division (A)	7241
of this section specifies that aggregation will occur	7242
automatically as described in that division, the ordinance or	7243
resolution shall direct the board of elections to submit the	7244
question of the authority to aggregate to the electors of the	7245
respective municipal corporation, township, or unincorporated area	7246
of a county at a special election on the day of the next primary	7247
or general election in the municipal corporation, township, or	7248
county. The legislative authority or board shall certify a copy of	7249
the ordinance or resolution to the board of elections not less	7250
than seventy-five days before the day of the special election. No	7251
ordinance or resolution adopted under division (A) of this section	7252
that provides for an election under this division shall take	7253
effect unless approved by a majority of the electors voting upon	7254
the ordinance or resolution at the election held pursuant to this	7255
division.	7256

(C) Upon the applicable requisite authority under divisions	7257
(A) and (B) of this section, the legislative authority or board	7258
shall develop a plan of operation and governance for the	7259
aggregation program so authorized. Before adopting a plan under	7260
this division, the legislative authority or board shall hold at	7261
least two public hearings on the plan. Before the first hearing,	7262
the legislative authority or board shall publish notice of the	7263
hearings once a week for two consecutive weeks in a newspaper of	7264
general circulation in the jurisdiction. The notice shall	7265
summarize the plan and state the date, time, and location of each	7266
hearing.	7267

(D) No legislative authority or board, pursuant to an	7268
ordinance or resolution under divisions (A) and (B) of this	7269
section that provides for automatic aggregation as described in	7270
division (A) of this section, shall aggregate the electrical load	7271
of any electric load center located within its jurisdiction unless	7272
it in advance clearly discloses to the person owning, occupying,	7273
controlling, or using the load center that the person will be	7274
enrolled automatically in the aggregation program and will remain	7275
so enrolled unless the person affirmatively elects by a stated	7276
procedure not to be so enrolled. The disclosure shall state	7277
prominently the rates, charges, and other terms and conditions of	7278
enrollment. The stated procedure shall allow any person enrolled	7279
in the aggregation program the opportunity to opt out of the	7280
program every two years, without paying a switching fee. Any such	7281
person that opts out of the aggregation program pursuant to the	7282
stated procedure shall default to the standard service offer	7283
provided under division (A) of section 4928.14 or division (D) of	7284
section 4928.35 of the Revised Code until the person chooses an	7285
alternative supplier.	7286

(E)(1) With respect to a governmental aggregation for a	7287
municipal corporation that is authorized pursuant to division (A)	7288
to (D) of this section, resolutions may be proposed by initiative	7289
or referendum petitions in accordance with sections 731.28 to	7290
731.41 of the Revised Code.	7291

(2) With respect to a governmental aggregation for a township	7292
or the unincorporated area of a county, which aggregation is	7293
authorized pursuant to division (A) to (D) of this section,	7294
resolutions may be proposed by initiative or referendum petitions	7295
in accordance with sections 731.28 to 731.40 of the Revised Code,	7296
except that:	7297

(a) The petitions shall be filed, respectively, with the	7298
township clerkfiscal officer or the board of county	7299
commissioners, who shall perform those duties imposed under those	7300
sections upon the city auditor or village clerk.	7301

(b) The petitions shall contain the signatures of not less	7302
than ten per cent of the total number of electors in,	7303
respectively, the township or the unincorporated area of the	7304
county who voted for the office of governor at the preceding	7305
general election for that office in that area.	7306

(F) A governmental aggregator under division (A) of this	7307
section is not a public utility engaging in the wholesale purchase	7308
and resale of electricity, and provision of the aggregated service	7309
is not a wholesale utility transaction. A governmental aggregator	7310
shall be subject to supervision and regulation by the public	7311
utilities commission only to the extent of any competitive retail	7312
electric service it provides and commission authority under this	7313
chapter.	7314

(G) This section does not apply in the case of a municipal	7315
corporation that supplies such aggregated service to electric load	7316
centers to which its municipal electric utility also supplies a	7317
noncompetitive retail electric service through transmission or	7318
distribution facilities the utility singly or jointly owns or	7319
operates.	7320

Sec. 4929.26.  (A)(1) The legislative authority of a	7321
municipal corporation may adopt an ordinance, or the board of	7322
township trustees of a township or the board of county	7323
commissioners of a county may adopt a resolution, under which, in	7324
accordance with this section and except as otherwise provided in	7325
division (A)(2) of this section, the legislative authority or	7326
board may aggregate automatically, subject to the opt-out	7327
requirements of division (D) of this section, competitive retail	7328
natural gas service for the retail natural gas loads that are	7329
located, respectively, within the municipal corporation, township,	7330
or unincorporated area of the county and for which there is a	7331
choice of supplier of that service as a result of revised	7332
schedules approved under division (C) of section 4929.29 of the	7333
Revised Code, a rule or order adopted or issued by the commission	7334
under Chapter 4905. of the Revised Code, or an exemption granted	7335
by the commission under sections 4929.04 to 4929.08 of the Revised	7336
Code. An ordinance or a resolution adopted under this section	7337
shall expressly state that it is adopted pursuant to the authority	7338
conferred by this section. The legislative authority or board also	7339
may exercise its authority under this section jointly with any	7340
other such legislative authority or board. For the purpose of the	7341
aggregation, the legislative authority or board may enter into	7342
service agreements to facilitate the sale and purchase of the	7343
service for the retail natural gas loads.	7344

(2)(a) No aggregation under an ordinance or resolution	7345
adopted under division (A)(1) of this section shall include the	7346
retail natural gas load of any person that meets any of the	7347
following criteria:	7348

(i) The person is both a distribution service customer and a	7349
mercantile customer on the date of commencement of service to the	7350
aggregated load, or the person becomes a distribution service	7351
customer after that date and also is a mercantile customer.	7352

(ii) The person is supplied with commodity sales service	7353
pursuant to a contract with a retail natural gas supplier that is	7354
in effect on the effective date of the ordinance or resolution.	7355

(iii) The person is supplied with commodity sales service as	7356
part of a retail natural gas load aggregation provided for	7357
pursuant to a rule or order adopted or issued by the commission	7358
under this chapter or Chapter 4905. of the Revised Code.	7359

(b) Nothing in division (A)(2)(a) of this section precludes a	7360
governmental aggregation under this section from permitting the	7361
retail natural gas load of a person described in division	7362
(A)(2)(a) of this section from being included in the aggregation	7363
upon the expiration of any contract or aggregation as described in	7364
division (A)(2)(a)(ii) or (iii) of this section or upon the person	7365
no longer being a customer as described in division (A)(2)(a)(i)	7366
of this section or qualifying to be included in an aggregation	7367
described under division (A)(2)(a)(iii) of this section.	7368

(B) An ordinance or resolution adopted under division (A) of	7369
this section shall direct the board of elections to submit the	7370
question of the authority to aggregate to the electors of the	7371
respective municipal corporation, township, or unincorporated area	7372
of a county at a special election on the day of the next primary	7373
or general election in the municipal corporation, township, or	7374
county. The legislative authority or board shall certify a copy of	7375
the ordinance or resolution to the board of elections not less	7376
than seventy-five days before the day of the special election. No	7377
ordinance or resolution adopted under division (A) of this section	7378
that provides for an election under this division shall take	7379
effect unless approved by a majority of the electors voting upon	7380
the ordinance or resolution at the election held pursuant to this	7381
division.	7382

(C) Upon the applicable requisite authority under divisions	7383
(A) and (B) of this section, the legislative authority or board	7384
shall develop a plan of operation and governance for the	7385
aggregation program so authorized. Before adopting a plan under	7386
this division, the legislative authority or board shall hold at	7387
least two public hearings on the plan. Before the first hearing,	7388
the legislative authority or board shall publish notice of the	7389
hearings once a week for two consecutive weeks in a newspaper of	7390
general circulation in the jurisdiction. The notice shall	7391
summarize the plan and state the date, time, and location of each	7392
hearing.	7393

(D) No legislative authority or board, pursuant to an	7394
ordinance or resolution under divisions (A) and (B) of this	7395
section, shall aggregate any retail natural gas load located	7396
within its jurisdiction unless it in advance clearly discloses to	7397
the person whose retail natural gas load is to be so aggregated	7398
that the person will be enrolled automatically in the aggregation	7399
and will remain so enrolled unless the person affirmatively elects	7400
by a stated procedure not to be so enrolled. The disclosure shall	7401
state prominently the rates, charges, and other terms and	7402
conditions of enrollment. The stated procedure shall allow any	7403
person enrolled in the aggregation the opportunity to opt out of	7404
the aggregation every two years, without paying a switching fee.	7405
Any such person that opts out of the aggregation pursuant to the	7406
stated procedure shall default to the natural gas company	7407
providing distribution service for the person's retail natural gas	7408
load, until the person chooses an alternative supplier.	7409

(E)(1) With respect to a governmental aggregation for a	7410
municipal corporation that is authorized pursuant to divisions (A)	7411
to (D) of this section, resolutions may be proposed by initiative	7412
or referendum petitions in accordance with sections 731.28 to	7413
731.41 of the Revised Code.	7414

(2) With respect to a governmental aggregation for a township	7415
or the unincorporated area of a county, which aggregation is	7416
authorized pursuant to divisions (A) to (D) of this section,	7417
resolutions may be proposed by initiative or referendum petitions	7418
in accordance with sections 731.28 to 731.40 of the Revised Code,	7419
except that:	7420

(a) The petitions shall be filed, respectively, with the	7421
township clerkfiscal officer or the board of county	7422
commissioners, who shall perform those duties imposed under those	7423
sections upon the city auditor or village clerk.	7424

(b) The petitions shall contain the signatures of not less	7425
than ten per cent of the total number of electors in the township	7426
or the unincorporated area of the county, respectively, who voted	7427
for the office of governor at the preceding general election for	7428
that office in that area.	7429

(F) A governmental aggregator under division (A) of this	7430
section is not a public utility engaging in the wholesale purchase	7431
and resale of natural gas, and provision of the aggregated service	7432
is not a wholesale utility transaction. A governmental aggregator	7433
shall be subject to supervision and regulation by the public	7434
utilities commission only to the extent of any competitive retail	7435
natural gas service it provides and commission authority under	7436
this chapter.	7437

Sec. 4929.27.  (A)(1) The legislative authority of a	7438
municipal corporation may adopt an ordinance, or the board of	7439
township trustees of a township or the board of county	7440
commissioners of a county may adopt a resolution, under which, in	7441
accordance with this section and except as otherwise provided in	7442
division (A)(2) of this section, the legislative authority or	7443
board may aggregate, with the prior consent of each person whose	7444
retail natural gas load is proposed to be aggregated, competitive	7445
retail natural gas service for any such retail natural gas load	7446
that is located, respectively, within the municipal corporation,	7447
township, or unincorporated area of the county and for which there	7448
is a choice of supplier of that service as a result of revised	7449
schedules approved under division (C) of section 4929.29 of the	7450
Revised Code, a rule or order adopted or issued by the commission	7451
under Chapter 4905. of the Revised Code, or an exemption granted	7452
by the commission under sections 4929.04 to 4929.08 of the Revised	7453
Code. An ordinance or a resolution adopted under this section	7454
shall expressly state that it is adopted pursuant to the authority	7455
conferred by this section. The legislative authority or board also	7456
may exercise such authority jointly with any other such	7457
legislative authority or board. For the purpose of the	7458
aggregation, the legislative authority or board may enter into	7459
service agreements to facilitate the sale and purchase of the	7460
service for the retail natural gas loads.	7461

(2)(a) No aggregation under an ordinance or resolution	7462
adopted under division (A)(1) of this section shall include the	7463
retail natural gas load of any person that meets either of the	7464
following criteria:	7465

(i) The person is supplied with commodity sales service	7466
pursuant to a contract with a retail natural gas supplier that is	7467
in effect on the effective date of the ordinance or resolution.	7468

(ii) The person is supplied with commodity sales service as	7469
part of a retail natural gas load aggregation provided for	7470
pursuant to a rule or order adopted or issued by the commission	7471
under this chapter or Chapter 4905. of the Revised Code.	7472

(b) Nothing in division (A)(2)(a) of this section precludes a	7473
governmental aggregation under this section from permitting the	7474
retail natural gas load of a person described in division	7475
(A)(2)(a) of this section from being included in the aggregation	7476
upon the expiration of any contract or aggregation as described in	7477
division (A)(2)(a)(i) or (ii) of this section or upon the person	7478
no longer qualifying to be included in such an aggregation.	7479

(B) Upon the applicable requisite authority under division	7480
(A) of this section, the legislative authority or board shall	7481
develop a plan of operation and governance for the aggregation	7482
program so authorized. Before adopting a plan under this division,	7483
the legislative authority or board shall hold at least two public	7484
hearings on the plan. Before the first hearing, the legislative	7485
authority or board shall publish notice of the hearings once a	7486
week for two consecutive weeks in a newspaper of general	7487
circulation in the jurisdiction. The notice shall summarize the	7488
plan and state the date, time, and location of each hearing.	7489

(C)(1) With respect to a governmental aggregation for a	7490
municipal corporation that is authorized pursuant to division (A)	7491
of this section, resolutions may be proposed by initiative or	7492
referendum petitions in accordance with sections 731.28 to 731.41	7493
of the Revised Code.	7494

(2) With respect to a governmental aggregation for a township	7495
or the unincorporated area of a county, which aggregation is	7496
authorized pursuant to division (A) of this section, resolutions	7497
may be proposed by initiative or referendum petitions in	7498
accordance with sections 731.28 to 731.40 of the Revised Code,	7499
except that:	7500

(a) The petitions shall be filed, respectively, with the	7501
township clerkfiscal officer or the board of county	7502
commissioners, who shall perform those duties imposed under those	7503
sections upon the city auditor or village clerk.	7504

(b) The petitions shall contain the signatures of not less	7505
than ten per cent of the total number of electors in the township	7506
or the unincorporated area of the county, respectively, who voted	7507
for the office of governor at the preceding general election for	7508
that office in that area.	7509

(D) A governmental aggregator under division (A) of this	7510
section is not a public utility engaging in the wholesale purchase	7511
and resale of natural gas, and provision of the aggregated service	7512
is not a wholesale utility transaction. A governmental aggregator	7513
shall be subject to supervision and regulation by the public	7514
utilities commission only to the extent of any competitive retail	7515
natural gas service it provides and commission authority under	7516
this chapter.	7517

Sec. 5123.19.  (A) As used in this section and in sections	7518
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	7519
Code:	7520

(1)(a) "Residential facility" means a home or facility in	7521
which a mentally retarded or developmentally disabled person	7522
resides, except the home of a relative or legal guardian in which	7523
a mentally retarded or developmentally disabled person resides, a	7524
respite care home certified under section 5126.05 of the Revised	7525
Code, a county home or district home operated pursuant to Chapter	7526
5155. of the Revised Code, or a dwelling in which the only	7527
mentally retarded or developmentally disabled residents are in an	7528
independent living arrangement or are being provided supported	7529
living.	7530

(b) "Intermediate care facility for the mentally retarded"	7531
means a residential facility that is considered an intermediate	7532
care facility for the mentally retarded for the purposes of	7533
Chapter 5111. of the Revised Code.	7534

(2) "Political subdivision" means a municipal corporation,	7535
county, or township.	7536

(3) "Independent living arrangement" means an arrangement in	7537
which a mentally retarded or developmentally disabled person	7538
resides in an individualized setting chosen by the person or the	7539
person's guardian, which is not dedicated principally to the	7540
provision of residential services for mentally retarded or	7541
developmentally disabled persons, and for which no financial	7542
support is received for rendering such service from any	7543
governmental agency by a provider of residential services.	7544

(4) "Supported living" has the same meaning as in section	7545
5126.01 of the Revised Code.	7546

(5) "Licensee" means the person or government agency that has	7547
applied for a license to operate a residential facility and to	7548
which the license was issued under this section.	7549

(B) Every person or government agency desiring to operate a	7550
residential facility shall apply for licensure of the facility to	7551
the director of mental retardation and developmental disabilities	7552
unless the residential facility is subject to section 3721.02,	7553
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	7554
Chapter 3721. of the Revised Code, a nursing home that is	7555
certified as an intermediate care facility for the mentally	7556
retarded under Title XIX of the "Social Security Act," 79 Stat.	7557
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	7558
licensure of the portion of the home that is certified as an	7559
intermediate care facility for the mentally retarded.	7560

(C) Subject to section 5123.196 of the Revised Code, the	7561
director of mental retardation and developmental disabilities	7562
shall license the operation of residential facilities. An initial	7563
license shall be issued for a period that does not exceed one	7564
year, unless the director denies the license under division (D) of	7565
this section. A license shall be renewed for a period that does	7566
not exceed three years, unless the director refuses to renew the	7567
license under division (D) of this section. The director, when	7568
issuing or renewing a license, shall specify the period for which	7569
the license is being issued or renewed. A license remains valid	7570
for the length of the licensing period specified by the director,	7571
unless the license is terminated, revoked, or voluntarily	7572
surrendered.	7573

(D) If it is determined that an applicant or licensee is not	7574
in compliance with a provision of this chapter that applies to	7575
residential facilities or the rules adopted under such a	7576
provision, the director may deny issuance of a license, refuse to	7577
renew a license, terminate a license, revoke a license, issue an	7578
order for the suspension of admissions to a facility, issue an	7579
order for the placement of a monitor at a facility, issue an order	7580
for the immediate removal of residents, or take any other action	7581
the director considers necessary consistent with the director's	7582
authority under this chapter regarding residential facilities. In	7583
the director's selection and administration of the sanction to be	7584
imposed, all of the following apply:	7585

(1) The director may deny, refuse to renew, or revoke a	7586
license, if the director determines that the applicant or licensee	7587
has demonstrated a pattern of serious noncompliance or that a	7588
violation creates a substantial risk to the health and safety of	7589
residents of a residential facility.	7590

(2) The director may terminate a license if more than twelve	7591
consecutive months have elapsed since the residential facility was	7592
last occupied by a resident or a notice required by division (J)	7593
of this section is not given.	7594

(3) The director may issue an order for the suspension of	7595
admissions to a facility for any violation that may result in	7596
sanctions under division (D)(1) of this section and for any other	7597
violation specified in rules adopted under division (G)(2) of this	7598
section. If the suspension of admissions is imposed for a	7599
violation that may result in sanctions under division (D)(1) of	7600
this section, the director may impose the suspension before	7601
providing an opportunity for an adjudication under Chapter 119. of	7602
the Revised Code. The director shall lift an order for the	7603
suspension of admissions when the director determines that the	7604
violation that formed the basis for the order has been corrected.	7605

(4) The director may order the placement of a monitor at a	7606
residential facility for any violation specified in rules adopted	7607
under division (G)(2) of this section. The director shall lift the	7608
order when the director determines that the violation that formed	7609
the basis for the order has been corrected.	7610

(5) If the director determines that two or more residential	7611
facilities owned or operated by the same person or government	7612
entity are not being operated in compliance with a provision of	7613
this chapter that applies to residential facilities or the rules	7614
adopted under such a provision, and the director's findings are	7615
based on the same or a substantially similar action, practice,	7616
circumstance, or incident that creates a substantial risk to the	7617
health and safety of the residents, the director shall conduct a	7618
survey as soon as practicable at each residential facility owned	7619
or operated by that person or government entity. The director may	7620
take any action authorized by this section with respect to any	7621
facility found to be operating in violation of a provision of this	7622
chapter that applies to residential facilities or the rules	7623
adopted under such a provision.	7624

(6) When the director initiates license revocation	7625
proceedings, no opportunity for submitting a plan of correction	7626
shall be given. The director shall notify the licensee by letter	7627
of the initiation of suchthe proceedings. The letter shall list	7628
the deficiencies of the residential facility and inform the	7629
licensee that no plan of correction will be accepted. The director	7630
shall also notify each affected resident, the resident's guardian	7631
if the resident is an adult for whom a guardian has been	7632
appointed, the resident's parent or guardian if the resident is a	7633
minor, and the county board of mental retardation and	7634
developmental disabilities.	7635

(7) Pursuant to rules which shall be adopted in accordance	7636
with Chapter 119. of the Revised Code, the director may order the	7637
immediate removal of residents from a residential facility	7638
whenever conditions at the facility present an immediate danger of	7639
physical or psychological harm to the residents.	7640

(8) In determining whether a residential facility is being	7641
operated in compliance with a provision of this chapter that	7642
applies to residential facilities or the rules adopted under such	7643
a provision, or whether conditions at a residential facility	7644
present an immediate danger of physical or psychological harm to	7645
the residents, the director may rely on information obtained by a	7646
county board of mental retardation and developmental disabilities	7647
or other governmental agencies.	7648

(9) In proceedings initiated to deny, refuse to renew, or	7649
revoke licenses, the director may deny, refuse to renew, or revoke	7650
a license regardless of whether some or all of the deficiencies	7651
that prompted the proceedings have been corrected at the time of	7652
the hearing.	7653

(E) The director shall establish a program under which public	7654
notification may be made when the director has initiated license	7655
revocation proceedings or has issued an order for the suspension	7656
of admissions, placement of a monitor, or removal of residents.	7657
The director shall adopt rules in accordance with Chapter 119. of	7658
the Revised Code to implement this division. The rules shall	7659
establish the procedures by which the public notification will be	7660
made and specify the circumstances for which the notification must	7661
be made. The rules shall require that public notification be made	7662
if the director has taken action against the facility in the	7663
eighteen-month period immediately preceding the director's latest	7664
action against the facility and the latest action is being taken	7665
for the same or a substantially similar violation of a provision	7666
of this chapter that applies to residential facilities or the	7667
rules adopted under such a provision. The rules shall specify a	7668
method for removing or amending the public notification if the	7669
director's action is found to have been unjustified or the	7670
violation at the residential facility has been corrected.	7671

(F)(1) Except as provided in division (F)(2) of this section,	7672
appeals from proceedings initiated to impose a sanction under	7673
division (D) of this section shall be conducted in accordance with	7674
Chapter 119. of the Revised Code.	7675

(2) Appeals from proceedings initiated to order the	7676
suspension of admissions to a facility shall be conducted in	7677
accordance with Chapter 119. of the Revised Code, unless the order	7678
was issued before providing an opportunity for an adjudication, in	7679
which case all of the following apply:	7680

(a) The licensee may request a hearing not later than ten	7681
days after receiving the notice specified in section 119.07 of the	7682
Revised Code.	7683

(b) If a timely request for a hearing is made, the hearing	7684
shall commence not later than thirty days after the department	7685
receives the request.	7686

(c) After commencing, the hearing shall continue	7687
uninterrupted, except for Saturdays, Sundays, and legal holidays,	7688
unless other interruptions are agreed to by the licensee and the	7689
director.	7690

(d) If the hearing is conducted by a hearing examiner, the	7691
hearing examiner shall file a report and recommendations not later	7692
than ten days after the close of the hearing.	7693

(e) Not later than five days after the hearing examiner files	7694
the report and recommendations, the licensee may file objections	7695
to the report and recommendations.	7696

(f) Not later than fifteen days after the hearing examiner	7697
files the report and recommendations, the director shall issue an	7698
order approving, modifying, or disapproving the report and	7699
recommendations.	7700

(g) Notwithstanding the pendency of the hearing, the director	7701
shall lift the order for the suspension of admissions when the	7702
director determines that the violation that formed the basis for	7703
the order has been corrected.	7704

(G) In accordance with Chapter 119. of the Revised Code, the	7705
director shall adopt and may amend and rescind rules for licensing	7706
and regulating the operation of residential facilities, including	7707
intermediate care facilities for the mentally retarded. The rules	7708
for intermediate care facilities for the mentally retarded may	7709
differ from those for other residential facilities. The rules	7710
shall establish and specify the following:	7711

(1) Procedures and criteria for issuing and renewing	7712
licenses, including procedures and criteria for determining the	7713
length of the licensing period that the director must specify for	7714
each license when it is issued or renewed;	7715

(2) Procedures and criteria for denying, refusing to renew,	7716
terminating, and revoking licenses and for ordering the suspension	7717
of admissions to a facility, placement of a monitor at a facility,	7718
and the immediate removal of residents from a facility;	7719

(3) Fees for issuing and renewing licenses;

7720

(4) Procedures for surveying residential facilities;

7721

(5) Requirements for the training of residential facility	7722
personnel;	7723

(6) Classifications for the various types of residential	7724
facilities;	7725

(7) Certification procedures for licensees and management	7726
contractors that the director determines are necessary to ensure	7727
that they have the skills and qualifications to properly operate	7728
or manage residential facilities;	7729

(8) The maximum number of persons who may be served in a	7730
particular type of residential facility;	7731

(9) Uniform procedures for admission of persons to and	7732
transfers and discharges of persons from residential facilities;	7733

(10) Other standards for the operation of residential	7734
facilities and the services provided at residential facilities;	7735

(11) Procedures for waiving any provision of any rule adopted	7736
under this section.	7737

(H) Before issuing a license, the director of the department	7738
or the director's designee shall conduct a survey of the	7739
residential facility for which application is made. The director	7740
or the director's designee shall conduct a survey of each licensed	7741
residential facility at least once during the period the license	7742
is valid and may conduct additional inspections as needed. A	7743
survey includes but is not limited to an on-site examination and	7744
evaluation of the residential facility, its personnel, and the	7745
services provided there.	7746

In conducting surveys, the director or the director's	7747
designee shall be given access to the residential facility; all	7748
records, accounts, and any other documents related to the	7749
operation of the facility; the licensee; the residents of the	7750
facility; and all persons acting on behalf of, under the control	7751
of, or in connection with the licensee. The licensee and all	7752
persons on behalf of, under the control of, or in connection with	7753
the licensee shall cooperate with the director or the director's	7754
designee in conducting the survey.	7755

Following each survey, unless the director initiates a	7756
license revocation proceeding, the director or the director's	7757
designee shall provide the licensee with a report listing any	7758
deficiencies, specifying a timetable within which the licensee	7759
shall submit a plan of correction describing how the deficiencies	7760
will be corrected, and, when appropriate, specifying a timetable	7761
within which the licensee must correct the deficiencies. After a	7762
plan of correction is submitted, the director or the director's	7763
designee shall approve or disapprove the plan. A copy of the	7764
report and any approved plan of correction shall be provided to	7765
any person who requests it.	7766

The director shall initiate disciplinary action against any	7767
department employee who notifies or causes the notification to any	7768
unauthorized person of an unannounced survey of a residential	7769
facility by an authorized representative of the department.	7770

(I) In addition to any other information which may be	7771
required of applicants for a license pursuant to this section, the	7772
director shall require each applicant to provide a copy of an	7773
approved plan for a proposed residential facility pursuant to	7774
section 5123.042 of the Revised Code. This division does not apply	7775
to renewal of a license.	7776

(J) A licensee shall notify the owner of the building in	7777
which the licensee's residential facility is located of any	7778
significant change in the identity of the licensee or management	7779
contractor before the effective date of the change if the licensee	7780
is not the owner of the building.	7781

Pursuant to rules which shall be adopted in accordance with	7782
Chapter 119. of the Revised Code, the director may require	7783
notification to the department of any significant change in the	7784
ownership of a residential facility or in the identity of the	7785
licensee or management contractor. If the director determines that	7786
a significant change of ownership is proposed, the director shall	7787
consider the proposed change to be an application for development	7788
by a new operator pursuant to section 5123.042 of the Revised Code	7789
and shall advise the applicant within sixty days of suchthe	7790
notification that the current license shall continue in effect or	7791
a new license will be required pursuant to this section. If the	7792
director requires a new license, the director shall permit the	7793
facility to continue to operate under the current license until	7794
the new license is issued, unless the current license is revoked,	7795
refused to be renewed, or terminated in accordance with Chapter	7796
119. of the Revised Code.	7797

(K) A county board of mental retardation and developmental	7798
disabilities, the legal rights service, and any interested person	7799
may file complaints alleging violations of statute or department	7800
rule relating to residential facilities with the department. All	7801
complaints shall be in writing and shall state the facts	7802
constituting the basis of the allegation. The department shall not	7803
reveal the source of any complaint unless the complainant agrees	7804
in writing to waive the right to confidentiality or until so	7805
ordered by a court of competent jurisdiction.	7806

The department shall adopt rules in accordance with Chapter	7807
119. of the Revised Code establishing procedures for the receipt,	7808
referral, investigation, and disposition of complaints filed with	7809
the department under this division.	7810

(L) The department shall establish procedures for the	7811
notification of interested parties of the transfer or interim care	7812
of residents from residential facilities that are closing or are	7813
losing their license.	7814

(M) Before issuing a license under this section to a	7815
residential facility that will accommodate at any time more than	7816
one mentally retarded or developmentally disabled individual, the	7817
director shall, by first class mail, notify the following:	7818

(1) If the facility will be located in a municipal	7819
corporation, the clerk of the legislative authority of the	7820
municipal corporation;	7821

(2) If the facility will be located in unincorporated	7822
territory, the clerk of the appropriate board of county	7823
commissioners and the clerkfiscal officer of the appropriate	7824
board of township trustees.	7825

The director shall not issue the license for ten days after	7826
mailing the notice, excluding Saturdays, Sundays, and legal	7827
holidays, in order to give the notified local officials time in	7828
which to comment on the proposed issuance.	7829

Any legislative authority of a municipal corporation, board	7830
of county commissioners, or board of township trustees that	7831
receives notice under this division of the proposed issuance of a	7832
license for a residential facility may comment on it in writing to	7833
the director within ten days after the director mailed the notice,	7834
excluding Saturdays, Sundays, and legal holidays. If the director	7835
receives written comments from any notified officials within the	7836
specified time, the director shall make written findings	7837
concerning the comments and the director's decision on the	7838
issuance of the license. If the director does not receive written	7839
comments from any notified local officials within the specified	7840
time, the director shall continue the process for issuance of the	7841
license.	7842

(N) Any person may operate a licensed residential facility	7843
that provides room and board, personal care, habilitation	7844
services, and supervision in a family setting for at least six but	7845
not more than eight persons with mental retardation or a	7846
developmental disability as a permitted use in any residential	7847
district or zone, including any single-family residential district	7848
or zone, of any political subdivision. These residential	7849
facilities may be required to comply with area, height, yard, and	7850
architectural compatibility requirements that are uniformly	7851
imposed upon all single-family residences within the district or	7852
zone.	7853

(O) Any person may operate a licensed residential facility	7854
that provides room and board, personal care, habilitation	7855
services, and supervision in a family setting for at least nine	7856
but not more than sixteen persons with mental retardation or a	7857
developmental disability as a permitted use in any multiple-family	7858
residential district or zone of any political subdivision, except	7859
that a political subdivision that has enacted a zoning ordinance	7860
or resolution establishing planned unit development districts may	7861
exclude these residential facilities from suchthose districts,	7862
and a political subdivision that has enacted a zoning ordinance or	7863
resolution may regulate these residential facilities in	7864
multiple-family residential districts or zones as a conditionally	7865
permitted use or special exception, in either case, under	7866
reasonable and specific standards and conditions set out in the	7867
zoning ordinance or resolution to:	7868

(1) Require the architectural design and site layout of the	7869
residential facility and the location, nature, and height of any	7870
walls, screens, and fences to be compatible with adjoining land	7871
uses and the residential character of the neighborhood;	7872

(2) Require compliance with yard, parking, and sign	7873
regulation;	7874

(3) Limit excessive concentration of these residential	7875
facilities.	7876

(P) This section does not prohibit a political subdivision	7877
from applying to residential facilities nondiscriminatory	7878
regulations requiring compliance with health, fire, and safety	7879
regulations and building standards and regulations.	7880

(Q) Divisions (N) and (O) of this section are not applicable	7881
to municipal corporations that had in effect on June 15, 1977, an	7882
ordinance specifically permitting in residential zones licensed	7883
residential facilities by means of permitted uses, conditional	7884
uses, or special exception, so long as such ordinance remains in	7885
effect without any substantive modification.	7886

(R)(1) The director may issue an interim license to operate a	7887
residential facility to an applicant for a license under this	7888
section if either of the following is the case:	7889

(a) The director determines that an emergency exists	7890
requiring immediate placement of persons in a residential	7891
facility, that insufficient licensed beds are available, and that	7892
the residential facility is likely to receive a permanent license	7893
under this section within thirty days after issuance of the	7894
interim license.	7895

(b) The director determines that the issuance of an interim	7896
license is necessary to meet a temporary need for a residential	7897
facility.	7898

(2) To be eligible to receive an interim license, an	7899
applicant must meet the same criteria that must be met to receive	7900
a permanent license under this section, except for any differing	7901
procedures and time frames that may apply to issuance of a	7902
permanent license.	7903

(3) An interim license shall be valid for thirty days and may	7904
be renewed by the director for a period not to exceed one hundred	7905
fifty days.	7906

(4) The director shall adopt rules in accordance with Chapter	7907
119. of the Revised Code as the director considers necessary to	7908
administer the issuance of interim licenses.	7909

(S) Notwithstanding rules adopted pursuant to this section	7910
establishing the maximum number of persons who may be served in a	7911
particular type of residential facility, a residential facility	7912
shall be permitted to serve the same number of persons being	7913
served by the facility on the effective date of suchthe rules or	7914
the number of persons for which the facility is authorized	7915
pursuant to a current application for a certificate of need with a	7916
letter of support from the department of mental retardation and	7917
developmental disabilities and which is in the review process	7918
prior to April 4, 1986.	7919

(T) The director or the director's designee may enter at any	7920
time, for purposes of investigation, any home, facility, or other	7921
structure that has been reported to the director or that the	7922
director has reasonable cause to believe is being operated as a	7923
residential facility without a license issued under this section.	7924

The director may petition the court of common pleas of the	7925
county in which an unlicensed residential facility is located for	7926
an order enjoining the person or governmental agency operating the	7927
facility from continuing to operate without a license. The court	7928
may grant the injunction on a showing that the person or	7929
governmental agency named in the petition is operating a	7930
residential facility without a license. The court may grant the	7931
injunction, regardless of whether the residential facility meets	7932
the requirements for receiving a license under this section.	7933

Sec. 5126.021.  As used in this section, "immediate family"	7934
means parents, brothers, sisters, spouses, sons, daughters,	7935
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law,	7936
sons-in-law, and daughters-in-law.	7937

(A) The following individuals shall not serve as members of	7938
county boards of mental retardation and developmental	7939
disabilities:	7940

(1) Elected public officials, except for township trustees,	7941
township clerksfiscal officers, and those excluded from the	7942
definition of public official or employee in division (B) of	7943
section 102.01 of the Revised Code;	7944

(2) Members of the immediate family of another board member;

7945

(3) Board employees and members of the immediate family of	7946
board employees;	7947

(4) Former board employees within one calendar year of the	7948
termination of employment with the board on which the former	7949
employee would serve.	7950

(B) A person may not serve as a member of a county board of	7951
mental retardation and developmental disabilities when either the	7952
person or a member of the person's immediate family is a board	7953
member of a contract agency of that county board unless there is	7954
no conflict of interest. In no circumstance shall a member of a	7955
county board vote on any matter before the board concerning a	7956
contract agency of which the member or a member of the member's	7957
immediate family is also a board member or an employee. All	7958
questions relating to the existence of a conflict of interest	7959
shall be submitted to the local prosecuting attorney and the Ohio	7960
ethics commission for resolution.	7961

(C) No employee of an agency contracting with a county board	7962
of mental retardation and developmental disabilities or member of	7963
the immediate family of such an employee shall serve as a board	7964
member or an employee of the county board except that a county	7965
board may, pursuant to a resolution adopted by the board, employ a	7966
member of the immediate family of an employee of an agency	7967
contracting with the board.	7968

(D) No person shall serve as a member or employee of a county	7969
board of mental retardation and developmental disabilities if a	7970
member of the person's immediate family serves as a county	7971
commissioner of the county served by the board unless the person	7972
was a member or employee prior to October 31, 1980.	7973

(E) A county board of mental retardation and developmental	7974
disabilities shall not contract with an agency whose board	7975
includes a county commissioner of the county served by the county	7976
board.	7977

(F) Notwithstanding any provision of the Revised Code to the	7978
contrary, including applicable provisions of sections 102.03,	7979
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	7980
county board of mental retardation and developmental disabilities	7981
also may be a member of the governing board of an agency or a	7982
political subdivision, including the board of education of a	7983
school district. The county board of mental retardation and	7984
developmental disabilities may contract with the governing board	7985
of an agency or political subdivision whose member is also an	7986
employee of the county board, provided that in no circumstances	7987
shall such employee of the county board vote on any matter before	7988
the governing board of the agency or political subdivision	7989
concerning a county board contract or participate in any	7990
discussion or debate regarding that contract.	7991

Sec. 5541.02.  The board of county commissioners shall	7992
determine, from the statistics and information furnished by the	7993
several boards of township trustees within suchthe county, the	7994
relative importance and value for traffic of the various public	7995
highways of the entire county. SuchThe board of county	7996
commissioners shall begin work as soon as the necessary	7997
information is furnished by the several boards of township	7998
trustees within the county, and, after a careful review and	7999
consideration of the information furnished, shall select and	8000
designate a connected system of county highways, of suchthe	8001
mileage as it deems proper and expedient, connecting with the	8002
intercounty and state highways of suchthe county all of the	8003
villages and centers of rural population within the county. Such	8004
The system of highways, when selected and designated by the board	8005
of county commissioners, shall be known as the system of county	8006
highways of the county, and all of the roads composing suchthe	8007
system shall be known and designated as county roads. The board of	8008
county commissioners may call to its assistance the county	8009
engineer, and may require himthe county engineer to report as to	8010
the relative importance of the highways of any township, with	8011
respect to which the board of township trustees fails to report	8012
within a reasonable time. Upon the completion of its investigation	8013
and the designation of a system of county highways, the board of	8014
county commissioners shall require the engineer to make a map	8015
thereofof it. A copy of this map, with the mileage of the	8016
selected roads indicated thereonon it, together with a brief	8017
statement by the board of county commissioners of its reasons for	8018
the selection made, shall be transmitted to the director of	8019
transportation.	8020

If the director finds that the system has been designated in	8021
substantial compliance with this section and section 5541.03	8022
5541.01 of the Revised Code, and that all portions of the system	8023
of county highways connect with either a state or intercounty	8024
highway, or another county road, hethe director shall, within	8025
sixty days, approve suchthe system and certify histhe approval	8026
to the board of county commissioners, which shall cause a copy of	8027
suchthe map, approved by it, to be made a part of its records and	8028
shall cause a copy thereofof it to be filed in the office of the	8029
county engineer and of the clerkfiscal officer of each township	8030
within the county. The system of roads designated upon suchthe	8031
map shall then become the system of county roads of the county.	8032
Each road constituting a part of suchthe system shall be given a	8033
number by the board of county commissioners, which may also divide	8034
the roads into convenient sections and assign appropriate	8035
designations to each section. No state or intercounty highway or	8036
part thereofof it shall be included in the system of county	8037
highways. The board of county commissioners may make changes in or	8038
additions to the county system as in the manner provided by this	8039
section. All expenses incurred in carrying out this section shall	8040
be paid from the general county road fund.	8041

Sec. 5543.05.  The county auditor shall, before he draws his	8042
drawing a warrant for any moneys expended by the county on any	8043
highways, other than intercounty or state highways, or on any	8044
bridges or culverts on suchthe highways, require of the county	8045
engineer the assignment of suchthe expense to the roadhighway	8046
and section thereofof it, bridge, or culvert in connection with	8047
which suchthe expense was incurred. The auditor shall keep such	8048
records as are necessary to show clearly at the close of each year	8049
the amount of money expended from the county treasury on each	8050
section of roadhighway, other than intercounty or state highways,	8051
and on each bridge and culvert on such roadsthe highways.	8052

The township clerkfiscal officer shall, before he draws	8053
drawing any warrant for money expended upon any road within the	8054
township, other than an intercounty or state highway, or on	8055
bridges or culverts on suchthe roads, require of the county	8056
engineer or board of township trustees the assignment of suchthe	8057
expense to the road and section of it, bridge, or culvert in	8058
connection with which the expense was incurred. The clerkfiscal	8059
officer may keep such additional records as are necessary to show	8060
clearly at the close of each year the amount of money expended	8061
from the township funds on each section of road, other than	8062
intercounty or state highways, within the township, and on each	8063
bridge and culvert on suchthe roads. The board of township	8064
trustees may require the clerkfiscal officer to keep suchthose	8065
additional records.	8066

When general equipment or material for use in the entire	8067
county or township is purchased, the expense thereofof the	8068
equipment or material need not be assigned to any section of road	8069
or to any bridge or culvert, but, so farinsofar as practicable,	8070
all items of expense shall be assigned to the specific section of	8071
road or to the particular bridge or culvert in connection with	8072
which they were incurred.	8073

The director of transportation may prescribe all necessary	8074
and proper forms for maps and reports to be maintained by	8075
engineers, boards, auditors, and clerksfiscal officers. All	8076
auditors and clerksfiscal officers may be required by the	8077
director to transmit to himthe director, in suchthe form as he	8078
the director prescribes, the cost records they are required by law	8079
to keep pertaining to roads, bridges, and culverts within their	8080
counties or townships.	8081

Sec. 5552.10.  The board of county commissioners shall	8082
designate the county engineer to administer county access	8083
management regulations, except that if the engineer declines to	8084
administer the regulations, the board may designate another	8085
person, or a planning commission, to administer them. If a board	8086
of township trustees adopts access management regulations, the	8087
board may administer the regulations or may appoint the township	8088
clerkfiscal officer or any other person to administer them, with	8089
the advice of the county engineer.	8090

If the access management regulations apply to a subdivision	8091
and a permit request is filed pertaining to the subdivision, the	8092
county engineer, board of township trustees, planning commission,	8093
or other person administering the regulations shall approve or	8094
disapprove the permit request within the time period for approval	8095
of a subdivision without a plat specified in section 711.131 of	8096
the Revised Code.	8097

Sec. 5571.04.  When the board of township trustees determines	8098
to proceed as provided in division (C) of section 5571.02 of the	8099
Revised Code and appoints a highway superintendent, hethe	8100
superintendent shall, before entering upon the discharge of his	8101
dutythe official duties of superintendent, give bond to the	8102
state, for the use of the township, in the sum of two thousand	8103
dollars, conditioned upon the faithful performance of his dutythe	8104
official duties of superintendent. SuchThe bond shall be approved	8105
by the board of township trustees, and filed with the township	8106
clerkfiscal officer. The board of township trustees shall fix the	8107
compensation of the superintendent, which compensation shall be	8108
paid from the township road fund. The compensation and all proper	8109
and necessary expenses, when approved by the board of township	8110
trustees, shall be paid by the township clerkfiscal officer upon	8111
histhe fiscal officer's warrant.	8112

Sec. 5571.16.  The board of township trustees, by resolution,	8113
may require any person to obtain a permit before installing a	8114
driveway culvert or making any excavation in a township highway or	8115
highway right-of-way within its jurisdiction, except an excavation	8116
to repair, rehabilitate, or replace a pole already installed for	8117
the purpose of providing electric or telecommunications service.	8118
The board, as a condition to the granting of the permit, may do	8119
any of the following:	8120

(A) Require the applicant to submit plans indicating the	8121
location, size, type, and duration of the culvert or excavation	8122
contemplated;	8123

(B) Specify methods of excavation, refilling, and resurfacing	8124
to be followed;	8125

(C) Require the use of warning devices it considers necessary	8126
to protect travelers on the highway;	8127

(D) Require the applicant to indemnify the township against	8128
liability or damage as the result of the installation of the	8129
culvert or as a result of the excavation;	8130

(E) Require the applicant to post a deposit or bond, with	8131
sureties to the satisfaction of the board, conditioned upon the	8132
performance of all conditions in the permit.	8133

Applications for permits under this section shall be made to	8134
the township clerkfiscal officer upon forms to be furnished by	8135
the board. Applications, including, but not limited to, a single	8136
application for an excavation project to install six or more poles	8137
for the purpose of providing electric or telecommunications	8138
service or to install a pole associated with underground electric	8139
or telecommunications service, shall be accompanied by a fee of	8140
fifty dollars per application, which fee shall be returned to the	8141
applicant if the application is denied. Except as otherwise	8142
provided in this section, no application or fee shall be required	8143
for an excavation project to install five or fewer poles for the	8144
purpose of providing electric or telecommunications service, but	8145
the person making that excavation shall provide verifiable notice	8146
of the excavation to the township clerk at least three business	8147
days prior to the date of the excavation.	8148

No person shall install a driveway culvert or make an	8149
excavation in any township highway or highway right-of-way in	8150
violation of any resolution adopted pursuant to this section,	8151
except that, in the case of an emergency requiring immediate	8152
action to protect the public health, safety, and welfare, an	8153
excavation may be made without first obtaining a permit, if an	8154
application is made at the earliest possible opportunity.	8155

As used in this section, "person" has the same meaning as in	8156
section 1.59 of the Revised Code, and "right-of-way" has the same	8157
meaning as in division (UU)(2) of section 4511.01 of the Revised	8158
Code.	8159

Sec. 5573.13.  The proportion of the compensation, damages,	8160
and costs of any road improvement to be paid by the township shall	8161
be paid out of any road improvement fund available thereforfor	8162
it. For the purpose of providing by taxation a fund for the	8163
payment of the township's proportion of the compensation, damages,	8164
and costs of constructing, reconstructing, resurfacing, or	8165
improving roads under sections 5571.01, 5571.06, 5571.07, 5571.15,	8166
5573.01 to 5573.15, inclusive, and 5575.02 to 5575.09, inclusive,	8167
of the Revised Code, and for the purpose of maintaining,	8168
repairing, or dragging any public road or part thereofof any	8169
public road under their jurisdiction, in the manner provided in	8170
sections 5571.02 to 5571.05, inclusive, 5571.08, 5571.12, 5571.13,	8171
and 5575.01 of the Revised Code, the board of trustees may levy,	8172
annually, a tax not exceeding three mills upon each dollar of the	8173
taxable property of saidthe township. SuchThe levy shall be in	8174
addition to all other levies authorized for township purposes, and	8175
subject only to the limitation on the combined maximum rate for	8176
all taxes now in force. The taxes so authorized shall be placed by	8177
the county auditor upon the tax duplicate, against the taxable	8178
property of the township, and collected by the county treasurer as	8179
other taxes. When collected, suchthe taxes shall be paid to the	8180
township clerkfiscal officer of the township from which they are	8181
collected, and the money so received shall be under the control of	8182
the board of township trustees for the purposes for which the	8183
taxes were levied.	8184

Sec. 5573.211.  The proportion of the compensation, damages,	8185
and costs of any road improvement to be paid by a township road	8186
district shall be paid out of any road improvement fund available	8187
thereforfor it. For the purpose of providing by taxation a fund	8188
for the payment of a township road district's proportion of the	8189
compensation, damages, and costs of constructing, reconstructing,	8190
resurfacing, improving, maintaining, repairing, and dragging	8191
township road district roads, or parts thereofof those roads, the	8192
board of trustees of a township in which a township road district	8193
has been erected as provided in section 5573.21 of the Revised	8194
Code, may levy, annually, a tax not exceeding three mills upon	8195
each dollar of the taxable property of saidthe township road	8196
district. SuchThe levy shall be in addition to all other levies	8197
authorized for township or township road district purposes, and	8198
subject only to the limitation on the combined maximum rate for	8199
all taxes in force. The taxes so authorized shall be placed by the	8200
county auditor upon the tax duplicate, against the taxable	8201
property of saidthe township road district, and collected by the	8202
county treasurer as other taxes. When collected, suchthe taxes	8203
shall be paid to the township clerkfiscal officer of the township	8204
in which suchthe township road district has been erected, and the	8205
money so received shall be under the control of the board of	8206
township trustees for the purposes for which the taxes were	8207
levied.	8208

Sec. 5575.04.  Before entering into a contract, the board of	8209
township trustees shall require a bond indemnifying the township	8210
against damages that may be suffered by failure to perform the	8211
contract according to the contract's provisions thereof, and in	8212
accordance with the specifications for the improvement.	8213

The township clerkfiscal officer shall not draw hisa	8214
warrant in favor of any contractor for estimates, on account of a	8215
contract let under sections 5575.02 and 5575.03 of the Revised	8216
Code, until the affidavit of suchthe contractor, or an officer or	8217
agent in the case of a corporation, that all indebtedness of such	8218
the contractor on account of material incorporated into the work	8219
or delivered on the site of the improvement and labor performed	8220
has been paid, is filed with such clerkthe fiscal officer. In	8221
lieu of suchthe affidavit, the contractor may file the written	8222
consent of all persons who have furnished material, incorporated	8223
into the work or delivered on the site of the improvement, or	8224
performed labor thereonon the improvement, that any estimate then	8225
due may be paid. SuchThe consent shall be accompanied by the	8226
affidavit of the contractor, or an officer or agent in the case of	8227
a corporation, that the consent bears the signatures of all	8228
persons who have furnished material, incorporated in the work or	8229
delivered on the site of the improvement, or performed labor	8230
thereonon the improvement, and have not been paid in full for	8231
suchthe labor or material. This section does not prevent the	8232
payment out of any estimate that is due, upon the assignment by	8233
the contractor to any person who has furnished material for the	8234
work or performed labor thereonon the improvement, of the amount	8235
due for suchthe material or labor.	8236

Sec. 5575.09.  The board of township trustees shall provide	8237
the township clerkfiscal officer with a suitable book in which he	8238
the fiscal officer shall keep a complete record of proceedings for	8239
the construction, reconstruction, resurfacing, or improvement of	8240
public roads. For making suchthe record he, the fiscal officer	8241
shall receive ten cents for each one hundred words, and, for all	8242
other services in connection therewith hewith keeping the record,	8243
the fiscal officer shall receive suchthe reasonable compensation	8244
as is allowed him by the board.	8245

Sec. 5579.08.  All brush, briers, burrs, vines, and noxious	8246
weeds growing along the public highway shall be cut or destroyed	8247
between the first and twentieth days of June, the first and	8248
twentieth days of August, and, if necessary, between the first and	8249
twentieth days of September of each year or whenever necessary to	8250
prevent or eliminate a safety hazard. This work shall be done by	8251
the board of township trustees in its respective township, or by	8252
the township highway superintendent, who may employ the necessary	8253
labor to carry out this section. All expenses incurred shall, when	8254
approved by the board, be paid from the township road fund by the	8255
township clerkfiscal officer, upon histhe fiscal officer's	8256
warrant.	8257

Sec. 5705.01.  As used in this chapter:

8258

(A) "Subdivision" means any county; municipal corporation;	8259
township; township police district; township fire district; joint	8260
fire district; joint ambulance district; joint emergency medical	8261
services district; fire and ambulance district; joint recreation	8262
district; township waste disposal district; township road	8263
district; community college district; technical college district;	8264
detention facility district; a district organized under section	8265
2151.65 of the Revised Code; a combined district organized under	8266
sections 2152.41 and 2151.65 of the Revised Code; a joint-county	8267
alcohol, drug addiction, and mental health service district; a	8268
drainage improvement district created under section 6131.52 of the	8269
Revised Code; a union cemetery district; a county school financing	8270
district; or a city, local, exempted village, cooperative	8271
education, or joint vocational school district.	8272

(B) "Municipal corporation" means all municipal corporations,	8273
including those that have adopted a charter under Article XVIII,	8274
Ohio Constitution.	8275

(C) "Taxing authority" or "bond issuing authority" means, in	8276
the case of any county, the board of county commissioners; in the	8277
case of a municipal corporation, the council or other legislative	8278
authority of the municipal corporation; in the case of a city,	8279
local, exempted village, cooperative education, or joint	8280
vocational school district, the board of education; in the case of	8281
a community college district, the board of trustees of the	8282
district; in the case of a technical college district, the board	8283
of trustees of the district; in the case of a detention facility	8284
district, a district organized under section 2151.65 of the	8285
Revised Code, or a combined district organized under sections	8286
2152.41 and 2151.65 of the Revised Code, the joint board of county	8287
commissioners of the district; in the case of a township, the	8288
board of township trustees; in the case of a joint fire district,	8289
the board of fire district trustees; in the case of a joint	8290
recreation district, the joint recreation district board of	8291
trustees; in the case of a joint-county alcohol, drug addiction,	8292
and mental health service district, the district's board of	8293
alcohol, drug addiction, and mental health services; in the case	8294
of a joint ambulance district or a fire and ambulance district,	8295
the board of trustees of the district; in the case of a union	8296
cemetery district, the legislative authority of the municipal	8297
corporation and the board of township trustees, acting jointly as	8298
described in section 759.341 of the Revised Code; in the case of a	8299
drainage improvement district, the board of county commissioners	8300
of the county in which the drainage district is located; in the	8301
case of a joint emergency medical services district, the joint	8302
board of county commissioners of all counties in which all or any	8303
part of the district lies; and in the case of a township police	8304
district, a township fire district, a township road district, or a	8305
township waste disposal district, the board of township trustees	8306
of the township in which the district is located. "Taxing	8307
authority" also means the educational service center governing	8308
board that serves as the taxing authority of a county school	8309
financing district as provided in section 3311.50 of the Revised	8310
Code.	8311

(D) "Fiscal officer" in the case of a county, means the	8312
county auditor; in the case of a municipal corporation, the city	8313
auditor or village clerk, or suchan officer aswho, by virtue of	8314
the charter, has the duties and functions of the city auditor or	8315
village clerk, except that in the case of a municipal university	8316
the board of directors of which have assumed, in the manner	8317
provided by law, the custody and control of the funds of the	8318
university, the chief accounting officer of the university shall	8319
perform, with respect to the funds, the duties vested in the	8320
fiscal officer of the subdivision by sections 5705.41 and 5705.44	8321
of the Revised Code; in the case of a school district, the	8322
treasurer of the board of education; in the case of a county	8323
school financing district, the treasurer of the educational	8324
service center governing board that serves as the taxing	8325
authority; in the case of a township, the township clerkfiscal	8326
officer; in the case of a joint fire district, the clerk of the	8327
board of fire district trustees; in the case of a joint ambulance	8328
district, the clerk of the board of trustees of the district; in	8329
the case of a joint emergency medical services district, the	8330
person appointed as fiscal officer pursuant to division (D) of	8331
section 307.053 of the Revised Code; in the case of a fire and	8332
ambulance district, the person appointed as fiscal officer	8333
pursuant to division (B) of section 505.375 of the Revised Code;	8334
in the case of a joint recreation district, the person designated	8335
pursuant to section 755.15 of the Revised Code; in the case of a	8336
union cemetery district, the clerk of the municipal corporation	8337
designated in section 759.34 of the Revised Code; in the case of a	8338
children's home district, educational service center, general	8339
health district, joint-county alcohol, drug addiction, and mental	8340
health service district, county library district, detention	8341
facility district, district organized under section 2151.65 of the	8342
Revised Code, a combined district organized under sections	8343
2152.41 and 2151.65 of the Revised Code, or a metropolitan park	8344
district for which no treasurer has been appointed pursuant to	8345
section 1545.07 of the Revised Code, the county auditor of the	8346
county designated by law to act as the auditor of the district; in	8347
the case of a metropolitan park district which has appointed a	8348
treasurer pursuant to section 1545.07 of the Revised Code, that	8349
treasurer; in the case of a drainage improvement district, the	8350
auditor of the county in which the drainage improvement district	8351
is located; and in all other cases, the officer responsible for	8352
keeping the appropriation accounts and drawing warrants for the	8353
expenditure of the moneys of the district or taxing unit.	8354

(E) "Permanent improvement" or "improvement" means any	8355
property, asset, or improvement with an estimated life or	8356
usefulness of five years or more, including land and interests	8357
therein, and reconstructions, enlargements, and extensions thereof	8358
having an estimated life or usefulness of five years or more.	8359

(F) "Current operating expenses" and "current expenses" mean	8360
the lawful expenditures of a subdivision, except those for	8361
permanent improvements, and except payments for interest, sinking	8362
fund, and retirement of bonds, notes, and certificates of	8363
indebtedness of the subdivision.	8364

(G) "Debt charges" means interest, sinking fund, and	8365
retirement charges on bonds, notes, or certificates of	8366
indebtedness.	8367

(H) "Taxing unit" means any subdivision or other governmental	8368
district having authority to levy taxes on the property in the	8369
district or issue bonds that constitute a charge against the	8370
property of the district, including conservancy districts,	8371
metropolitan park districts, sanitary districts, road districts,	8372
and other districts.	8373

(I) "District authority" means any board of directors,	8374
trustees, commissioners, or other officers controlling a district	8375
institution or activity that derives its income or funds from two	8376
or more subdivisions, such as the educational service center, the	8377
trustees of district children's homes, the district board of	8378
health, a joint-county alcohol, drug addiction, and mental health	8379
service district's board of alcohol, drug addiction, and mental	8380
health services, detention facility districts, a joint recreation	8381
district board of trustees, districts organized under section	8382
2151.65 of the Revised Code, combined districts organized under	8383
sections 2152.41 and 2151.65 of the Revised Code, and other such	8384
boards.	8385

(J) "Tax list" and "tax duplicate" mean the general tax lists	8386
and duplicates prescribed by sections 319.28 and 319.29 of the	8387
Revised Code.	8388

(K) "Property" as applied to a tax levy means taxable	8389
property listed on general tax lists and duplicates.	8390

(L) "School library district" means a school district in	8391
which a free public library has been established that is under the	8392
control and management of a board of library trustees as provided	8393
in section 3375.15 of the Revised Code.	8394

Sec. 5709.73.  (A) As used in this section and section	8395
5709.74 of the Revised Code:	8396

(1) "Business day" means a day of the week excluding	8397
Saturday, Sunday, and a legal holiday as defined in section 1.14	8398
of the Revised Code.	8399

(2) "Further improvements" or "improvements" means the	8400
increase in the true value of real property that would first	8401
appear on the tax list and duplicate of real and public utility	8402
property after the effective date of a resolution adopted under	8403
this section were it not for the exemption granted by that	8404
resolution. For purposes of division (B) of this section,	8405
"improvements" do not include any property used or to be used for	8406
residential purposes.	8407

(3) "Housing renovation" means a project carried out for	8408
residential purposes.	8409

(4) "Incentive district" has the same meaning as in section	8410
5709.40 of the Revised Code, except that a blighted area is in the	8411
unincorporated area of a township.	8412

(5) "Project" and "public infrastructure improvement" have	8413
the same meanings as in section 5709.40 of the Revised Code.	8414

(B) A board of township trustees may, by unanimous vote,	8415
adopt a resolution that declares to be a public purpose any public	8416
infrastructure improvements made that are necessary for the	8417
development of certain parcels of land located in the	8418
unincorporated area of the township. Except as otherwise provided	8419
in division (D) of this section, the resolution may exempt from	8420
real property taxation not more than seventy-five per cent of	8421
further improvements to a parcel of land which directly benefits	8422
from suchthe public infrastructure improvements; the percentage	8423
exempted shall not, except as otherwise provided in division (D)	8424
of this section, exceed the estimated percentage of the	8425
incremental demand placed on the public infrastructure	8426
improvements that is directly attributable to the exempted	8427
improvement. For the purposes of this division, a public	8428
infrastructure improvement directly benefits a parcel of land only	8429
if a project on the parcel places direct, additional demand on the	8430
public infrastructure improvement, or, if the public	8431
infrastructure improvement has not yet been constructed, will	8432
place direct, additional demand on the public infrastructure	8433
improvement when completed. The resolution shall specify the	8434
percentage of the further improvements to be exempted.	8435

(C) A board of township trustees may adopt, by unanimous	8436
vote, a resolution creating an incentive district and declaring	8437
improvements to parcels within the district to be a public purpose	8438
and exempt from taxation as provided in this section. The district	8439
shall be located within the unincorporated area of the township	8440
and shall not include any territory that is included within a	8441
district created under division (B) of section 5709.78 of the	8442
Revised Code. The resolution shall delineate the boundary of the	8443
district and specifically identify each parcel within the	8444
district. A district may not include any parcel that is or has	8445
been exempted from taxation under division (B) of this section or	8446
that is or has been within another district created under this	8447
division. A resolution may create more than one such district, and	8448
more than one resolution may be adopted under this division.	8449

Not later than thirty days prior to adopting a resolution	8450
under this division, if the township intends to apply for	8451
exemptions from taxation under section 5709.911 of the Revised	8452
Code on behalf of owners of real property located within the	8453
proposed incentive district, the board shall conduct a public	8454
hearing on the proposed resolution. Not later than thirty days	8455
prior to the public hearing, the board shall give notice of the	8456
public hearing and the proposed resolution by first class mail to	8457
every real property owner whose property is located within the	8458
boundaries of the proposed incentive district that is the subject	8459
of the proposed resolution.	8460

A resolution under this division shall specify the life of	8461
the district and the percentage of the improvements to be exempted	8462
and shall designate the public infrastructure improvements made or	8463
to be made that benefit or serve parcels in the district.	8464

A resolution adopted under this division may authorize the	8465
use of service payments provided for in section 5709.74 of the	8466
Revised Code for the purpose of housing renovations within the	8467
district, provided that the resolution also designates public	8468
infrastructure improvements that benefit or serve the district,	8469
and that a project within the district places real property in use	8470
for commercial or industrial purposes. Service payments may be	8471
used to finance or support loans, deferred loans, and grants to	8472
persons for the purpose of housing renovations within the	8473
district. The resolution shall designate the parcels within the	8474
district that are eligible for housing renovations. The resolution	8475
shall state separately the amount or the percentages of the	8476
expected aggregate service payments that are designated for each	8477
public infrastructure improvement and for the purpose of housing	8478
renovations.	8479

Except with the approval of the board of education of each	8480
city, local, or exempted village school district within the	8481
territory of which the district is or will be located, the life of	8482
a district shall not exceed ten years, and the percentage of	8483
improvements to be exempted shall not exceed seventy-five per	8484
cent. With such approval, the life of a district may be not more	8485
than thirty years, and the percentage of improvements to be	8486
exempted may be not more than one hundred per cent.	8487

Approval of a board of education shall be obtained in the	8488
manner provided in division (D) of this section for exemptions	8489
under division (B) of this section, except that the notice to the	8490
board of education shall delineate the boundaries of the district,	8491
specifically identify each parcel within the district, identify	8492
each anticipated improvement in the district, provide an estimate	8493
of the true value in money of each such improvement, specify the	8494
life of the district and the percentage of improvements that would	8495
be exempted, and indicate the date on which the board of township	8496
trustees intends to adopt the resolution.	8497

A board of township trustees shall not adopt a resolution	8498
under this division after June 30, 2007.	8499

(D) Improvements with respect to a parcel may be exempted	8500
from taxation under division (B) of this section for up to ten	8501
years or, with the approval of the board of education of the city,	8502
local, or exempted village school district within which the parcel	8503
is located, for up to thirty years. The percentage of the	8504
improvements exempted from taxation may, with such approval,	8505
exceed seventy-five per cent, but shall not exceed one hundred per	8506
cent. Not later than forty-five business days prior to adopting a	8507
resolution under this section declaring improvements to be a	8508
public purpose, the board of trustees shall deliver to the board	8509
of education a notice stating its intent to adopt a resolution	8510
making that declaration. The notice shall identify the parcels for	8511
which improvements are to be exempted from taxation, provide an	8512
estimate of the true value in money of the improvements, specify	8513
the period for which the improvements would be exempted from	8514
taxation and the percentage of the improvements that would be	8515
exempted, and indicate the date on which the board of trustees	8516
intends to adopt the resolution. The board of education, by	8517
resolution adopted by a majority of the board, may approve the	8518
exemption for the period or for the exemption percentage specified	8519
in the notice, may disapprove the exemption for the number of	8520
years in excess of ten, may disapprove the exemption for the	8521
percentage of the improvements to be exempted in excess of	8522
seventy-five per cent, or both, or may approve the exemption on	8523
the condition that the board of trustees and the board of	8524
education negotiate an agreement providing for compensation to the	8525
school district equal in value to a percentage of the amount of	8526
taxes exempted in the eleventh and subsequent years of the	8527
exemption period or, in the case of exemption percentages in	8528
excess of seventy-five per cent, compensation equal in value to a	8529
percentage of the taxes that would be payable on the portion of	8530
the improvements in excess of seventy-five per cent were that	8531
portion to be subject to taxation. The board of education shall	8532
certify its resolution to the board of trustees not later than	8533
fourteen days prior to the date the board of trustees intends to	8534
adopt the resolution as indicated in the notice. If the board of	8535
education approves the exemption on the condition that a	8536
compensation agreement be negotiated, the board of education in	8537
its resolution shall propose a compensation percentage. If the	8538
board of education and the board of trustees negotiate a mutually	8539
acceptable compensation agreement, the resolution may declare the	8540
improvements a public purpose for the number of years specified in	8541
the resolution or, in the case of exemption percentages in excess	8542
of seventy-five per cent, for the exemption percentage specified	8543
in the resolution. In either case, if the board of education and	8544
the board of trustees fail to negotiate a mutually acceptable	8545
compensation agreement, the resolution may declare the	8546
improvements a public purpose for not more than ten years, but	8547
shall not exempt more than seventy-five per cent of the	8548
improvements from taxation, or, in the case of a resolution	8549
adopted under division (B) of this section, not more than the	8550
estimated percentage of the incremental demand as otherwise	8551
prescribed by division (B) of this section if that percentage is	8552
less than seventy-five per cent. If the board of education fails	8553
to certify a resolution to the board of trustees within the time	8554
prescribed by this section, the board of trustees thereupon may	8555
adopt the resolution and may declare the improvements a public	8556
purpose for up to thirty years or, in the case of exemption	8557
percentages proposed in excess of seventy-five per cent, for the	8558
exemption percentage specified in the resolution. The board of	8559
township trustees may adopt the resolution at any time after the	8560
board of education certifies its resolution approving the	8561
exemption to the board of township trustees, or, if the board of	8562
education approves the exemption on the condition that a mutually	8563
acceptable compensation agreement be negotiated, at any time after	8564
the compensation agreement is agreed to by the board of education	8565
and the board of township trustees.	8566

If a board of education has adopted a resolution waiving its	8567
right to approve exemptions from taxation and the resolution	8568
remains in effect, approval of such exemptions by the board of	8569
education is not required under this division. If a board of	8570
education has adopted a resolution allowing a board of township	8571
trustees to deliver the notice required under this division fewer	8572
than forty-five business days prior to adoption of the resolution	8573
by the board of township trustees, the board of township trustees	8574
shall deliver the notice to the board of education not later than	8575
the number of days prior to suchthe adoption as prescribed by the	8576
board of education in its resolution. If a board of education	8577
adopts a resolution waiving its right to approve exemptions or	8578
shortening the notification period, the board of education shall	8579
certify a copy of the resolution to the board of township	8580
trustees. If the board of education rescinds such athe	8581
resolution, it shall certify notice of the rescission to the board	8582
of township trustees.	8583

If the board of trustees is not required by this division to	8584
notify the board of education of the board of trustees' intent to	8585
declare improvements to be a public purpose, the board of trustees	8586
shall comply with the notice requirements imposed under section	8587
5709.83 of the Revised Code before taking formal action to adopt	8588
the resolution making that declaration, unless the board of	8589
education has adopted a resolution under that section waiving its	8590
right to receive such athe notice.	8591

(E) An exemption from taxation granted under this section	8592
commences with the tax year in which an improvement first appears	8593
on the tax list and duplicate of real and public utility property	8594
and that begins after the effective date of the resolution. Except	8595
as otherwise provided in this division, the exemption ends on the	8596
date specified in the resolution as the date the improvement	8597
ceases to be a public purpose or the incentive district expires,	8598
or ends on the date on which the public infrastructure	8599
improvements and housing renovations are paid in full from the	8600
township public improvement tax increment equivalent fund	8601
established under section 5709.75 of the Revised Code, whichever	8602
occurs first. The exemption of an improvement with respect to a	8603
parcel may end on a later date, as specified in the resolution, if	8604
the board of township trustees and the board of education of the	8605
city, local, or exempted village school district within which the	8606
parcel is located have entered into a compensation agreement under	8607
section 5709.82 of the Revised Code with respect to the	8608
improvement or district and the board of education has approved	8609
the term of the exemption under division (D) of this section, but	8610
in no case shall the improvement be exempted from taxation for	8611
more than thirty years. The board of township trustees may, by	8612
majority vote, adopt a resolution permitting the township to enter	8613
into such agreements as the board finds necessary or appropriate	8614
to provide for the construction or undertaking of public	8615
infrastructure improvements and housing renovations. Any exemption	8616
shall be claimed and allowed in the same or a similar manner as in	8617
the case of other real property exemptions. If an exemption status	8618
changes during a tax year, the procedure for the apportionment of	8619
the taxes for that year is the same as in the case of other	8620
changes in tax exemption status during the year.	8621

(F) The board of township trustees may issue the notes of the	8622
township to finance all costs pertaining to the construction or	8623
undertaking of public infrastructure improvements and housing	8624
renovations made pursuant to this section. The notes shall be	8625
signed by the board and attested by the signature of the township	8626
clerkfiscal officer, shall bear interest not to exceed the rate	8627
provided in section 9.95 of the Revised Code, and are not subject	8628
to Chapter 133. of the Revised Code. The resolution authorizing	8629
the issuance of the notes shall pledge the funds of the township	8630
public improvement tax increment equivalent fund established	8631
pursuant to section 5709.75 of the Revised Code to pay the	8632
interest on and principal of the notes. The notes, which may	8633
contain a clause permitting prepayment at the option of the board,	8634
shall be offered for sale on the open market or given to the	8635
vendor or contractor if no sale is made.	8636

(G) The township, not later than fifteen days after the	8637
adoption of a resolution under this section, shall submit to the	8638
director of development a copy of the resolution. On or before the	8639
thirty-first day of March of each year, the township shall submit	8640
a status report to the director of development. The report shall	8641
indicate, in the manner prescribed by the director, the progress	8642
of the project during each year that the exemption remains in	8643
effect, including a summary of the receipts from service payments	8644
in lieu of taxes; expenditures of money from funds created under	8645
section 5709.75 of the Revised Code; a description of the public	8646
infrastructure improvements and housing renovations financed with	8647
suchthe expenditures; and a quantitative summary of changes in	8648
private investment resulting from each project.	8649

(H) Nothing in this section shall be construed to prohibit a	8650
board of township trustees from declaring to be a public purpose	8651
improvements with respect to more than one parcel.	8652

(I) A board of township trustees that adopted a resolution	8653
under this section prior to July 21, 1994, may amend that	8654
resolution to include any additional public infrastructure	8655
improvement. A board of township trustees that seeks by such an	8656
the amendment to utilize money from its township public	8657
improvement tax increment equivalent fund for land acquisition in	8658
aid of industry, commerce, distribution, or research, demolition	8659
on private property, or stormwater and flood remediation projects	8660
may do so provided that the board currently is a party to a	8661
hold-harmless agreement with the board of education of the city,	8662
local, or exempted village school district within the territory of	8663
which are located the parcels that are subject to an exemption.	8664
For the purposes of this division, a "hold-harmless agreement"	8665
means an agreement under which the board of township trustees	8666
agrees to compensate the school district for one hundred per cent	8667
of the tax revenue that the school district would have received	8668
from further improvements to parcels designated in the resolution	8669
were it not for the exemption granted by the resolution.	8670

Sec. 5735.27.  (A) There is hereby created in the state	8671
treasury the gasoline excise tax fund, which shall be distributed	8672
in the following manner:	8673

(1) The amount credited pursuant to divisions (B)(2)(a) and	8674
(C)(2)(a) of section 5735.23 of the Revised Code shall be	8675
distributed among municipal corporations. The amount paid to each	8676
municipal corporation shall be that proportion of the amount to be	8677
so distributed that the number of motor vehicles registered within	8678
suchthe municipal corporation bears to the total number of motor	8679
vehicles registered within all the municipal corporations of this	8680
state during the preceding motor vehicle registration year. When a	8681
new village is incorporated, the registrar of motor vehicles shall	8682
determine from the applications on file in the bureau of motor	8683
vehicles the number of motor vehicles located within the territory	8684
comprising the village during the entire registration year in	8685
which suchthe municipal corporation was incorporated. The	8686
registrar shall forthwith certify the number of motor vehicles so	8687
determined to the tax commissioner for use in distributing motor	8688
vehicle fuel tax funds to suchthe village until suchthe village	8689
is qualified to participate in the distribution of suchthe funds	8690
pursuant to this division. The number of such motor vehicle	8691
registrations shall be determined by the official records of the	8692
bureau of motor vehicles. The amount received by each municipal	8693
corporation shall be used to plan, construct, reconstruct, repave,	8694
widen, maintain, repair, clear, and clean public highways, roads,	8695
and streets; to maintain and repair bridges and viaducts; to	8696
purchase, erect, and maintain street and traffic signs and	8697
markers; to pay the costs apportioned to the municipal corporation	8698
under section 4907.47 of the Revised Code; to purchase, erect, and	8699
maintain traffic lights and signals; to pay the principal,	8700
interest, and charges on bonds and other obligations issued	8701
pursuant to Chapter 133. of the Revised Code for the purpose of	8702
acquiring or constructing roads, highways, bridges, or viaducts or	8703
acquiring or making other highway improvements for which the	8704
municipal corporation may issue bonds; and to supplement revenue	8705
already available for suchthese purposes.	8706

(2) The amount credited pursuant to division (B) of section	8707
5735.26 of the Revised Code shall be distributed among the	8708
municipal corporations within the state, in the proportion which	8709
the number of motor vehicles registered within each municipal	8710
corporation bears to the total number of motor vehicles registered	8711
within all the municipal corporations of the state during the	8712
preceding calendar year, as shown by the official records of the	8713
bureau of motor vehicles, and shall be expended by each municipal	8714
corporation to plan, construct, reconstruct, repave, widen,	8715
maintain, repair, clear, and clean public highways, roads and	8716
streets; to maintain and repair bridges and viaducts; to purchase,	8717
erect, and maintain street and traffic signs and markers; to	8718
purchase, erect, and maintain traffic lights and signals; to pay	8719
costs apportioned to the municipal corporation under section	8720
4907.47 of the Revised Code; to pay the principal, interest, and	8721
charges on bonds and other obligations issued pursuant to Chapter	8722
133. of the Revised Code for the purpose of acquiring or	8723
constructing roads, highways, bridges, or viaducts or acquiring or	8724
making other highway improvements for which the municipal	8725
corporation may issue bonds; and to supplement revenue already	8726
available for suchthese purposes.	8727

(3) The amount credited pursuant to divisions (B)(2)(b) and	8728
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	8729
equal proportions to the county treasurer of each county within	8730
the state and shall be used only for the purposes of planning,	8731
maintaining, and repairing the county system of public roads and	8732
highways within suchthe county; the planning, construction, and	8733
repair of walks or paths along county roads in congested areas;	8734
the planning, construction, purchase, lease, and maintenance of	8735
suitable buildings for the housing and repair of county road	8736
machinery, housing of supplies, and housing of personnel	8737
associated with the machinery and supplies; the payment of costs	8738
apportioned to the county under section 4907.47 of the Revised	8739
Code; the payment of principal, interest, and charges on bonds and	8740
other obligations issued pursuant to Chapter 133. of the Revised	8741
Code for the purpose of acquiring or constructing roads, highways,	8742
bridges, or viaducts or acquiring or making other highway	8743
improvements for which the board of county commissioners may issue	8744
bonds under that chapter; and the purchase, installation, and	8745
maintenance of traffic signal lights.	8746

(4) The amount credited pursuant to division (C) of section	8747
5735.26 of the Revised Code shall be paid in equal proportions to	8748
the county treasurer of each county for the purposes of planning,	8749
maintaining, constructing, widening, and reconstructing the county	8750
system of public roads and highways; paying principal, interest,	8751
and charges on bonds and other obligations issued pursuant to	8752
Chapter 133. of the Revised Code for the purpose of acquiring or	8753
constructing roads, highways, bridges, or viaducts or acquiring or	8754
making other highway improvements for which the board of county	8755
commissioners may issue bonds under suchthat chapter; and paying	8756
costs apportioned to the county under section 4907.47 of the	8757
Revised Code.	8758

(5)(a) The amount credited pursuant to division (D) of	8759
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	8760
Revised Code shall be divided in equal proportions among the	8761
townships within the state.	8762

(b) As used in division (A)(5)(b) of this section, the	8763
"formula amount" for any township is the amount that would be	8764
allocated to that township if fifty per cent of the amount	8765
credited to townships pursuant to section 5735.291 of the Revised	8766
Code were allocated among townships in the state proportionate to	8767
the number of lane miles within the boundaries of the respective	8768
townships, as determined annually by the department of	8769
transportation, and the other fifty per cent of the amount	8770
credited pursuant to section 5735.291 of the Revised Code were	8771
allocated among townships in the state proportionate to the number	8772
of motor vehicles registered within the respective townships, as	8773
determined annually by the records of the bureau of motor	8774
vehicles.	8775

Beginning on August 15, 2003, the tax levied by section	8776
5735.29 of the Revised Code shall be partially allocated to	8777
provide funding for townships. Each township shall receive the	8778
greater of the following two calculations:	8779

(i) The total statewide amount credited to townships under	8780
division (A) of section 5735.291 of the Revised Code divided by	8781
the number of townships in the state at the time of the	8782
calculation;	8783

(ii) Seventy per cent of the formula amount for that	8784
township.	8785

(c) The total difference between the amount of money credited	8786
to townships under division (A) of section 5735.291 of the Revised	8787
Code and the total amount of money required to make all the	8788
payments specified in division (A)(5)(b) of this section shall be	8789
deducted, in accordance with division (B) of section 5735.291 of	8790
the Revised Code, from the revenues resulting from the tax levied	8791
pursuant to section 5735.29 of the Revised Code prior to crediting	8792
portions of such revenues to counties, municipal corporations, and	8793
the highway operating fund.	8794

(d) All amounts credited pursuant to divisions (a) and (b) of	8795
this section shall be paid to the county treasurer of each county	8796
for the total amount payable to the townships within each of the	8797
counties. The county treasurer shall pay to each township within	8798
the county its proportional share of the funds, which shall be	8799
expended by each township for the sole purpose of planning,	8800
constructing, maintaining, widening, and reconstructing the public	8801
roads and highways within suchthe township, and paying costs	8802
apportioned to the township under section 4907.47 of the Revised	8803
Code.	8804

No part of the funds shall be used for any purpose except to	8805
pay in whole or part the contract price of any such work done by	8806
contract, or to pay the cost of labor in planning, constructing,	8807
widening, and reconstructing such roads and highways, and the cost	8808
of materials forming a part of the improvement; provided, that	8809
suchthe funds may be used for the purchase of road machinery and	8810
equipment and for the planning, construction, and maintenance of	8811
suitable buildings for housing road machinery and equipment, and	8812
that all such improvement of roads shall be under supervision and	8813
direction of the county engineer as provided in section 5575.07 of	8814
the Revised Code. No obligation against suchthe funds shall be	8815
incurred unless plans and specifications for suchthe improvement,	8816
approved by the county engineer, are on file in the office of the	8817
township clerkfiscal officer, and all contracts for material and	8818
for work done by contract shall be approved by the county engineer	8819
before being signed by the board of township trustees. The board	8820
of township trustees of any township may pass a resolution	8821
permitting the board of county commissioners to expend suchthe	8822
township's share of the funds, or any portion thereofof it, for	8823
the improvement of suchthe roads within the township as may be	8824
designated in the resolution.	8825

All investment earnings of the fund shall be credited to the	8826
fund.	8827

(B) Amounts credited to the highway operating fund pursuant	8828
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	8829
division (A) of section 5735.26 of the Revised Code shall be	8830
expended in the following manner:	8831

(1) The amount credited pursuant to divisions (B)(2)(c) and	8832
(C)(2)(d) of section 5735.23 of the Revised Code shall be	8833
apportioned to and expended by the department of transportation	8834
for the purposes of planning, maintaining, repairing, and keeping	8835
in passable condition for travel the roads and highways of the	8836
state required by law to be maintained by the department; paying	8837
the costs apportioned to the state under section 4907.47 of the	8838
Revised Code; paying that portion of the construction cost of a	8839
highway project which a county, township, or municipal corporation	8840
normally would be required to pay, but which the director of	8841
transportation, pursuant to division (B) of section 5531.08 of the	8842
Revised Code, determines instead will be paid from moneys in the	8843
highway operating fund; and paying the costs of the department of	8844
public safety in administering and enforcing the state law	8845
relating to the registration and operation of motor vehicles.	8846

(2) The amount credited pursuant to division (A) of section	8847
5735.26 of the Revised Code shall be used for paying the state's	8848
share of the cost of planning, constructing, widening,	8849
maintaining, and reconstructing the state highways; paying that	8850
portion of the construction cost of a highway project which a	8851
county, township, or municipal corporation normally would be	8852
required to pay, but which the director of transportation,	8853
pursuant to division (B) of section 5531.08 of the Revised Code,	8854
determines instead will be paid from moneys in the highway	8855
operating fund; and also for supplying the state's share of the	8856
cost of eliminating railway grade crossings upon such highways and	8857
costs apportioned to the state under section 4907.47 of the	8858
Revised Code. The director of transportation may expend portions	8859
of such amount upon extensions of state highways within municipal	8860
corporations or upon portions of state highways within municipal	8861
corporations, as is provided by law.	8862

Sec. 5747.061.  (A) As used in this section:

8863

(1) "State agency" means the general assembly, all courts,	8864
any department, division, institution, board, commission,	8865
authority, bureau, or other instrumentality of the state.	8866

(2) "Political subdivision" means a county, municipal	8867
corporation, township, school district, or other body corporate	8868
and politic responsible for governmental activities in a	8869
geographic area smaller than that of the state.	8870

(3) "Legislative authority" means the board of county	8871
commissioners, the legislative authority of a municipal	8872
corporation, the board of township trustees, the board of	8873
education, or the board, council, commission, or other governing	8874
body of any other political subdivision.	8875

(4) "Fiscal officer" means the county auditor, the treasurer	8876
of the municipal corporation, the clerk-treasurer of a village, or	8877
the officer thatwho, by virtue of the charter, has the duties of	8878
the treasurer or clerk-treasurer, the township clerkfiscal	8879
officer, the treasurer of the board of education, or, in the case	8880
of any state agency or other subdivision, the officer or person	8881
responsible for deducting and withholding from the compensation	8882
paid to an employee who is a taxpayer the amount of tax required	8883
to be withheld by section 5747.06 of the Revised Code.	8884

(B)(1) The director or other chief administrator of any state	8885
agency, in accordance with rules adopted by the department of	8886
administrative services, may direct its fiscal officer to deduct	8887
and withhold from the compensation paid to an employee who is a	8888
resident of a state with which the commissioner has entered into	8889
an agreement under division (A)(3) of section 5747.05 of the	8890
Revised Code, a tax computed in such a manner as to result, as far	8891
as practicable, in withholding from the compensation of the	8892
employee during each calendar year an amount substantially	8893
equivalent to the tax reasonably estimated to be due under the	8894
income tax laws of the state of residence of the employee with	8895
respect to the amount of such compensation included in gross	8896
income during the calendar year under those laws.	8897

(2) The legislative authority of a political subdivision may	8898
adopt a rule, ordinance, or resolution requiring the fiscal	8899
officer of the political subdivision to deduct and withhold from	8900
the compensation paid to an employee who is a resident of a state	8901
with which the tax commissioner has entered into an agreement	8902
under division (A)(3) of section 5747.05 of the Revised Code, a	8903
tax computed in such a manner as to result, as far as practicable,	8904
in withholding from the compensation of the employee during each	8905
calendar year an amount substantially equivalent to the tax	8906
reasonably estimated to be due under the income tax laws of the	8907
state of residence of the employee with respect to the amount of	8908
such compensation included in gross income during the calendar	8909
year under those laws.	8910

(3) Upon direction of the director or other chief	8911
administrator of a state agency, or adoption of a rule, ordinance,	8912
or resolution by a political subdivision under this division, the	8913
fiscal officer shall obtain from the official responsible for	8914
administering the income tax laws of the state of residence of the	8915
employee, information necessary to enable himthe fiscal officer	8916
to withhold the proper amount of tax from the compensation of the	8917
employee for the calendar year.	8918

(C) A fiscal officer who deducts and withholds tax from the	8919
compensation of a nonresident employee shall file a withholding	8920
return or other report and pay the full amount of the tax deducted	8921
and withheld as required by the income tax laws of the state of	8922
residence of the employee.	8923

(D) A fiscal officer who deducts and withholds tax from the	8924
compensation of a nonresident employee shall furnish to that	8925
employee and to the official who is responsible for administering	8926
the income tax laws of the state of residence of the employee, a	8927
written statement showing the amount of compensation paid to the	8928
employee and the amount deducted and withheld from the	8929
compensation of the employee during the calendar year. The	8930
statement shall be furnished on or before the last day of January	8931
of the succeeding year, except that, with respect to an employee	8932
whose employment is terminated, the statement for the calendar	8933
year in which the last payment of compensation is made shall be	8934
furnished within thirty days from the date the last payment of	8935
compensation is made.	8936

Section 2. That existing sections 111.21, 111.22, 117.44,	8937
133.01, 133.27, 149.42, 301.01, 306.32, 306.321, 319.51, 321.31,	8938
321.32, 321.34, 345.01, 503.162, 503.25, 503.26, 503.29, 503.41,	8939
503.52, 504.06, 504.07, 504.11, 504.12, 504.14, 504.19, 504.20,	8940
505.03, 505.04, 505.07, 505.108, 505.11, 505.17, 505.24, 505.262,	8941
505.31, 505.32, 505.33, 505.35, 505.37, 505.373, 505.47, 505.511,	8942
505.73, 505.86, 507.01, 507.02, 507.021, 507.03, 507.04, 507.05,	8943
507.051, 507.06, 507.07, 507.08, 507.09, 507.11, 509.02, 511.21,	8944
511.22, 511.33, 513.04, 515.02, 515.04, 515.081, 515.12, 517.05,	8945
517.06, 517.07, 519.12, 519.16, 519.161, 519.211, 521.02, 521.03,	8946
703.201, 707.28, 709.023, 709.024, 709.03, 709.033, 709.46,	8947
711.05, 711.10, 715.691, 715.70, 715.71, 715.75, 715.76, 971.05,	8948
971.06, 971.08, 971.09, 971.12, 971.35, 971.36, 1341.16, 1533.13,	8949
1710.02, 2927.21, 3381.03, 3501.37, 3513.253, 3517.10, 3709.30,	8950
3734.025, 3734.026, 3734.57, 4301.80, 4303.26, 4928.20, 4929.26,	8951
4929.27, 5123.19, 5126.021, 5541.02, 5543.05, 5552.10, 5571.04,	8952
5571.16, 5573.13, 5573.211, 5575.04, 5575.09, 5579.08, 5705.01,	8953
5709.73, 5735.27, and 5747.061 of the Revised Code are hereby	8954
repealed.	8955

Section 3. Section 711.10 of the Revised Code is presented in	8956
this act as a composite of the section as amended by both Sub.	8957
H.B. 231 and Sub. S.B. 115 of the 125th General Assembly. Section	8958
715.70 of the Revised Code is presented in this act as a composite	8959
of the section as amended by both Sub. H.B. 434 and Am. Sub. S.B.	8960
201 of the 122nd General Assembly. The General Assembly, applying	8961
the principle stated in division (B) of section 1.52 of the	8962
Revised Code that amendments are to be harmonized if reasonably	8963
capable of simultaneous operation, finds that the composites are	8964
the resulting versions of the sections in effect prior to the	8965
effective date of the sections as presented in this act.	8966