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To amend sections 504.01, 504.02, and 505.031 of the | 1 |
Revised Code to permit townships with a population | 2 |
of less than five thousand in its unincorporated | 3 |
territory to adopt a limited home rule government | 4 |
under certain conditions. | 5 |
Section 1. That sections 504.01, 504.02, and 505.031 of the | 6 |
Revised Code be amended to read as follows: | 7 |
Sec. 504.01. A township that meets the qualifications of | 8 |
this section may adopt a limited home rule government in the | 9 |
manner provided in this section. | 10 |
(A)(1) If a township has a population of less than five | 11 |
thousand in the unincorporated territory of the township, a | 12 |
limited home rule government under which the township exercises | 13 |
limited powers of local self-government and limited police powers | 14 |
may be adopted if all the following apply: | 15 |
(a) The electors of the unincorporated territory of the | 16 |
township petition the board of township trustees to adopt limited | 17 |
home rule government; | 18 |
(b) The petition has been signed by ten per cent of the | 19 |
electors of the unincorporated territory of the township, as | 20 |
determined by the total number of votes cast in that territory for | 21 |
the office of governor at the most recent general election for | 22 |
that office; | 23 |
(c) The board of township trustees appoints a township | 24 |
administrator under division (A)(2) of section 505.031 of the | 25 |
Revised Code; and | 26 |
(d) The total amount certified in the official certificate of | 27 |
estimated resources or in an amended official certificate of | 28 |
estimated resources for the township under section 5705.36 of the | 29 |
Revised Code is at least three million five hundred thousand | 30 |
dollars for the most recently concluded fiscal year. | 31 |
If the conditions enumerated in this division have been met, | 32 |
the board shall adopt and certify to the board of elections a | 33 |
resolution directing the board of elections to submit to the | 34 |
electors of the unincorporated territory the question whether the | 35 |
township should adopt a limited home rule government. The question | 36 |
shall be voted upon at the next general election occuring at least | 37 |
seventy-five days after certification of the resolution to the | 38 |
board of elections. | 39 |
(2) If a township has a population of at least five thousand | 40 |
but less than fifteen thousand in the unincorporated territory of | 41 |
the township, the board of township trustees, by a majority vote, | 42 |
may adopt a resolution causing the board of elections to submit to | 43 |
the electors of the unincorporated area of the township the | 44 |
question of whether the township should adopt a limited home rule | 45 |
government under which it exercises limited powers of local | 46 |
self-government and limited police powers, as authorized by this | 47 |
chapter. The question shall be voted upon at the next general | 48 |
election occurring at least seventy-five days after certification | 49 |
of the resolution to the board of elections. | 50 |
| 51 |
more in the unincorporated territory of the township, the board of | 52 |
township trustees, after at least one public hearing, may do | 53 |
either of the following: | 54 |
| 55 |
limited home rule government under which the township exercises | 56 |
limited powers of local self-government and limited police powers | 57 |
as authorized by this chapter. The resolution shall become | 58 |
effective thirty days after the date of its adoption unless within | 59 |
that thirty-day period there is presented to the board of township | 60 |
trustees a petition, signed by a number of registered electors | 61 |
residing in the unincorporated area of the township equal to at | 62 |
least ten per cent of the total vote cast for all candidates for | 63 |
governor in that area at the most recent general election at which | 64 |
a governor was elected, requesting the board of township trustees | 65 |
to submit the question of establishing a limited home rule | 66 |
government to the electors of that area for approval or rejection | 67 |
at a special election to be held on the day of the next primary or | 68 |
general election occurring at least seventy-five days after the | 69 |
petition is presented. Each part of the petition shall meet the | 70 |
requirements specified in section 3501.38 of the Revised Code. | 71 |
Upon timely receipt of the petition, the board of township | 72 |
trustees shall adopt a resolution causing the board of elections | 73 |
to submit to the electors of the unincorporated area of the | 74 |
township the question of whether the township should adopt a | 75 |
limited home rule government. | 76 |
| 77 |
board of elections to submit to the electors of the unincorporated | 78 |
area of the township the question of whether the township should | 79 |
adopt a limited home rule government under which it exercises | 80 |
limited powers of local self-government and limited police powers, | 81 |
as authorized by this chapter. The question shall be voted upon at | 82 |
the next general election occurring at least seventy-five days | 83 |
after certification of the resolution to the board of elections. | 84 |
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division (A)(2) or | 93 |
unincorporated area of the township may petition the board of | 94 |
township trustees to adopt a resolution causing the board of | 95 |
elections to submit to the electors the question of whether the | 96 |
township should adopt a limited home rule government. Upon receipt | 97 |
of a petition signed by ten per cent of the electors of the | 98 |
unincorporated area of the township, as determined by the total | 99 |
number of votes cast in that area for the office of governor at | 100 |
the most recent general election for that office, the board of | 101 |
township trustees shall adopt the resolution. The question shall | 102 |
be voted upon at the next general election occurring at least | 103 |
seventy-five days after the certification of the resolution to the | 104 |
board of elections. | 105 |
(B) If the population of the unincorporated territory of any | 106 |
township that adopts a limited home rule government under division | 107 |
(A)(3) or (4) of this section is fifteen thousand or more, the | 108 |
township shall be called an "urban township." | 109 |
(C) Except as otherwise provided in division (A)(1) of this | 110 |
section, townships with a population of less than five thousand in | 111 |
the unincorporated territory of the township are not permitted to | 112 |
adopt a limited home rule government. | 113 |
Sec. 504.02. (A) After certification of a resolution as | 114 |
provided in division (A) | 115 |
Revised Code, the board of elections shall submit the question of | 116 |
whether to adopt a limited home rule government to the electors of | 117 |
the unincorporated area of the township, and the ballot language | 118 |
shall be substantially as follows: | 119 |
"Shall the township of ........... (name) adopt a limited | 120 |
home rule government, under which government the board of township | 121 |
trustees, by resolution, may exercise limited powers of local | 122 |
self-government and limited police powers? | 123 |
...... | For adoption of a limited home rule government | 124 | ||
...... | Against adoption of a limited home rule government" | 125 |
(B)(1) At least forty-five days before the election on this | 126 |
question, the board of township trustees shall have notice of the | 127 |
election and a description of the proposed limited home rule | 128 |
government published in a newspaper of general circulation in the | 129 |
township once a week for two consecutive weeks and have the notice | 130 |
and description posted in five conspicuous places in the | 131 |
unincorporated area of the township. | 132 |
(2) If a board of elections operates and maintains a web | 133 |
site, notice of the election and a description of the proposed | 134 |
limited home rule government shall be posted on that web site for | 135 |
at least thirty days before the election on this question. | 136 |
(C) If a majority of the votes cast on the proposition of | 137 |
adopting a limited home rule government is in the affirmative, | 138 |
that government is adopted and becomes the government of the | 139 |
township on the first day of January immediately following the | 140 |
election. | 141 |
Sec. 505.031. | 142 |
division (B) of this section, the board of township trustees may | 143 |
appoint a township administrator, who shall be the administrative | 144 |
head of the township under the direction and supervision of the | 145 |
board and who shall hold office at the pleasure of the board. | 146 |
(2) The board of township trustees shall appoint a township | 147 |
administrator before the adoption of a resolution under division | 148 |
(A)(1) of section 504.01 of the Revised Code directing the board | 149 |
of elections to submit to the electors of the unincorporated | 150 |
territory of the township the question of whether the township | 151 |
should adopt a limited home rule government. The administrator | 152 |
shall be the administrative head of the township under the | 153 |
direction and supervision of the board and shall hold office at | 154 |
the pleasure of the board. | 155 |
(B) In the event that the township administrator is absent | 156 |
from | 157 |
resignation, or removal, the
| 158 |
a qualified person designated by | 159 |
approval of the board shall act as township administrator and | 160 |
perform all duties of such township office, until such time as the | 161 |
township administrator returns to
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appoints a new township administrator to fill the vacancy. | 163 |
(C) The board shall fix the salary of the township | 164 |
administrator and cause the same to be paid. | 165 |
Section 2. That existing sections 504.01, 504.02, and 505.031 | 166 |
of the Revised Code are hereby repealed. | 167 |