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To amend sections 133.09, 504.01, 504.02, and 505.031 | 1 |
of the Revised Code and to amend Section 555.10 | 2 |
of Am. Sub. H.B. 67 of the 127th General Assembly | 3 |
to authorize transportation projects entered into | 4 |
on or before May 1, 2008, between transportation | 5 |
improvement districts and two or more | 6 |
governmental agencies for the joint financing of | 7 |
projects and to permit townships with a | 8 |
population of at least three thousand five | 9 |
hundred but less than five thousand in its | 10 |
unincorporated territory to adopt a limited home | 11 |
rule government under certain conditions. | 12 |
Section 1. That sections 133.09, 504.01, 504.02, and 505.031 | 13 |
of the Revised Code be amended to read as follows: | 14 |
Sec. 133.09. (A) Unless it is a township that has adopted a | 15 |
limited home rule government under Chapter 504. of the Revised | 16 |
Code, a township shall not incur net indebtedness that exceeds an | 17 |
amount equal to five per cent of its tax valuation and, except as | 18 |
specifically authorized by section 505.262 of the Revised Code or | 19 |
other laws, shall not incur any net indebtedness unless authorized | 20 |
by vote of the electors. | 21 |
(B) A township that has adopted a limited home rule | 22 |
government under Chapter 504. of the Revised Code shall not incur | 23 |
net indebtedness that exceeds an amount equal to ten and one-half | 24 |
per cent of its tax valuation, or incur without a vote of the | 25 |
electors net indebtedness that exceeds an amount equal to five and | 26 |
one-half per cent of that tax valuation. In calculating the net | 27 |
indebtedness of a township that has adopted a limited home rule | 28 |
government, none of the following securities shall be considered: | 29 |
(1) Self-supporting securities issued for any purpose; | 30 |
(2) Securities issued for the purpose of purchasing, | 31 |
constructing, improving, or extending water or sanitary or surface | 32 |
and storm water sewerage systems or facilities, or a combination | 33 |
of those systems or facilities, to the extent that an agreement | 34 |
entered into with another subdivision requires the other | 35 |
subdivision to pay to the township amounts equivalent to debt | 36 |
charges on the securities; | 37 |
(3) Securities that are not general obligations of the | 38 |
township; | 39 |
(4) Voted securities issued for the purposes of redevelopment | 40 |
to the extent that their principal amount does not exceed an | 41 |
amount equal to two per cent of the tax valuation of the township; | 42 |
(5) Securities issued for the purpose of acquiring or | 43 |
constructing roads, highways, bridges, or viaducts, or for the | 44 |
purpose of acquiring or making other highway permanent | 45 |
improvements, to the extent that the resolution of the board of | 46 |
township trustees authorizing the issuance of the securities | 47 |
includes a covenant to appropriate from money distributed to the | 48 |
township under Chapter 4501., 4503., 4504., or 5735. of the | 49 |
Revised Code a sufficient amount to cover debt charges on and | 50 |
financing costs relating to the securities as they become due; | 51 |
(6) Securities issued for energy conservation measures under | 52 |
section 505.264 of the Revised Code. | 53 |
(C) In calculating the net indebtedness of any township, no | 54 |
obligation incurred under division (B) of section 513.17 or under | 55 |
section 505.261, 505.264, 505.265, 505.267, or 505.37 of the | 56 |
Revised Code, or in connection with a project undertaken pursuant | 57 |
to Section 515.03 of H.B. 66 of the 126th | 58 |
general assembly or Section 555.10 of H.B. 67 of the 127th | 59 |
general assembly, shall be considered. | 60 |
Sec. 504.01. A township that meets the qualifications of | 61 |
this section may adopt a limited home rule government in the | 62 |
manner provided in this section. | 63 |
(A)(1) If a township has a population of at least three | 64 |
thousand five hundred but less than five thousand in the | 65 |
unincorporated territory of the township, a limited home rule | 66 |
government under which the township exercises limited powers of | 67 |
local self-government and limited police powers may be adopted if | 68 |
all the following apply: | 69 |
(a) The electors of the unincorporated territory of the | 70 |
township petition the board of township trustees to adopt limited | 71 |
home rule government; | 72 |
(b) The petition has been signed by ten per cent of the | 73 |
electors of the unincorporated territory of the township, as | 74 |
determined by the total number of votes cast in that territory for | 75 |
the office of governor at the most recent general election for | 76 |
that office; | 77 |
(c) The board of township trustees appoints a township | 78 |
administrator under division (A)(2) of section 505.031 of the | 79 |
Revised Code; and | 80 |
(d) The total amount certified in the official certificate of | 81 |
estimated resources or in an amended official certificate of | 82 |
estimated resources for the township under section 5705.36 of the | 83 |
Revised Code is at least three million five hundred thousand | 84 |
dollars for the most recently concluded fiscal year. | 85 |
If the conditions enumerated in this division have been met, | 86 |
the board shall adopt and certify to the board of elections a | 87 |
resolution directing the board of elections to submit to the | 88 |
electors of the unincorporated territory the question whether the | 89 |
township should adopt a limited home rule government. The question | 90 |
shall be voted upon at the next general election occurring at | 91 |
least seventy-five days after certification of the resolution to | 92 |
the board of elections. | 93 |
(2) If a township has a population of at least five thousand | 94 |
but less than fifteen thousand in the unincorporated territory of | 95 |
the township, the board of township trustees, by a majority vote, | 96 |
may adopt a resolution causing the board of elections to submit to | 97 |
the electors of the unincorporated area of the township the | 98 |
question of whether the township should adopt a limited home rule | 99 |
government under which it exercises limited powers of local | 100 |
self-government and limited police powers, as authorized by this | 101 |
chapter. The question shall be voted upon at the next general | 102 |
election occurring at least seventy-five days after certification | 103 |
of the resolution to the board of elections. | 104 |
| 105 |
more in the unincorporated territory of the township, the board of | 106 |
township trustees, after at least one public hearing, may do | 107 |
either of the following: | 108 |
| 109 |
limited home rule government under which the township exercises | 110 |
limited powers of local self-government and limited police powers | 111 |
as authorized by this chapter. The resolution shall become | 112 |
effective thirty days after the date of its adoption unless within | 113 |
that thirty-day period there is presented to the board of township | 114 |
trustees a petition, signed by a number of registered electors | 115 |
residing in the unincorporated area of the township equal to at | 116 |
least ten per cent of the total vote cast for all candidates for | 117 |
governor in that area at the most recent general election at which | 118 |
a governor was elected, requesting the board of township trustees | 119 |
to submit the question of establishing a limited home rule | 120 |
government to the electors of that area for approval or rejection | 121 |
at a special election to be held on the day of the next primary or | 122 |
general election occurring at least seventy-five days after the | 123 |
petition is presented. Each part of the petition shall meet the | 124 |
requirements specified in section 3501.38 of the Revised Code. | 125 |
Upon timely receipt of the petition, the board of township | 126 |
trustees shall adopt a resolution causing the board of elections | 127 |
to submit to the electors of the unincorporated area of the | 128 |
township the question of whether the township should adopt a | 129 |
limited home rule government. | 130 |
| 131 |
board of elections to submit to the electors of the unincorporated | 132 |
area of the township the question of whether the township should | 133 |
adopt a limited home rule government under which it exercises | 134 |
limited powers of local self-government and limited police powers, | 135 |
as authorized by this chapter. The question shall be voted upon at | 136 |
the next general election occurring at least seventy-five days | 137 |
after certification of the resolution to the board of elections. | 138 |
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division (A)(2) or | 147 |
unincorporated area of the township may petition the board of | 148 |
township trustees to adopt a resolution causing the board of | 149 |
elections to submit to the electors the question of whether the | 150 |
township should adopt a limited home rule government. Upon receipt | 151 |
of a petition signed by ten per cent of the electors of the | 152 |
unincorporated area of the township, as determined by the total | 153 |
number of votes cast in that area for the office of governor at | 154 |
the most recent general election for that office, the board of | 155 |
township trustees shall adopt the resolution. The question shall | 156 |
be voted upon at the next general election occurring at least | 157 |
seventy-five days after the certification of the resolution to the | 158 |
board of elections. | 159 |
(B) If the population of the unincorporated territory of any | 160 |
township that adopts a limited home rule government under division | 161 |
(A)(3) or (4) of this section is fifteen thousand or more, the | 162 |
township shall be called an "urban township." | 163 |
(C) Except as otherwise provided in division (A)(1) of this | 164 |
section, townships with a population of less than five thousand in | 165 |
the unincorporated territory of the township are not permitted to | 166 |
adopt a limited home rule government. | 167 |
Sec. 504.02. (A) After certification of a resolution as | 168 |
provided in division (A) | 169 |
Revised Code, the board of elections shall submit the question of | 170 |
whether to adopt a limited home rule government to the electors of | 171 |
the unincorporated area of the township, and the ballot language | 172 |
shall be substantially as follows: | 173 |
"Shall the township of ........... (name) adopt a limited | 174 |
home rule government, under which government the board of township | 175 |
trustees, by resolution, may exercise limited powers of local | 176 |
self-government and limited police powers? | 177 |
...... | For adoption of a limited home rule government | 178 | ||
...... | Against adoption of a limited home rule government" | 179 |
(B)(1) At least forty-five days before the election on this | 180 |
question, the board of township trustees shall have notice of the | 181 |
election and a description of the proposed limited home rule | 182 |
government published in a newspaper of general circulation in the | 183 |
township once a week for two consecutive weeks and have the notice | 184 |
and description posted in five conspicuous places in the | 185 |
unincorporated area of the township. | 186 |
(2) If a board of elections operates and maintains a web | 187 |
site, notice of the election and a description of the proposed | 188 |
limited home rule government shall be posted on that web site for | 189 |
at least thirty days before the election on this question. | 190 |
(C) If a majority of the votes cast on the proposition of | 191 |
adopting a limited home rule government is in the affirmative, | 192 |
that government is adopted and becomes the government of the | 193 |
township on the first day of January immediately following the | 194 |
election. | 195 |
Sec. 505.031. | 196 |
division (B) of this section, the board of township trustees may | 197 |
appoint a township administrator, who shall be the administrative | 198 |
head of the township under the direction and supervision of the | 199 |
board and who shall hold office at the pleasure of the board. | 200 |
(2) The board of township trustees shall appoint a township | 201 |
administrator before the adoption of a resolution under division | 202 |
(A)(1) of section 504.01 of the Revised Code directing the board | 203 |
of elections to submit to the electors of the unincorporated | 204 |
territory of the township the question of whether the township | 205 |
should adopt a limited home rule government. The administrator | 206 |
shall be the administrative head of the township under the | 207 |
direction and supervision of the board and shall hold office at | 208 |
the pleasure of the board. | 209 |
(B) In the event that the township administrator is absent | 210 |
from | 211 |
resignation, or removal, the
| 212 |
a qualified person designated by | 213 |
approval of the board shall act as township administrator and | 214 |
perform all duties of such township office, until such time as the | 215 |
township administrator returns to
| 216 |
appoints a new township administrator to fill the vacancy. | 217 |
(C) The board shall fix the salary of the township | 218 |
administrator and cause the same to be paid. | 219 |
Section 2. That existing sections 133.09, 504.01, 504.02, and | 220 |
505.031 of the Revised Code are hereby repealed. | 221 |
Section 3. That Section 555.10 of Am. Sub. H.B. 67 of the | 222 |
127th General Assembly be amended to read as follows: | 223 |
Section 555.10. (A) On or before | 224 |
2008, a transportation improvement district and any two or more | 225 |
governmental agencies may enter into an agreement providing for | 226 |
the joint financing of any street, highway, interchange, or other | 227 |
transportation project. Any such agreement shall be approved by | 228 |
resolution or ordinance passed by the legislative authority of | 229 |
each of the parties to such agreement, which resolution or | 230 |
ordinance shall authorize the execution thereof by a designated | 231 |
official or officials of each of such parties, and such agreement, | 232 |
when so approved and executed, shall be in full force and effect. | 233 |
(B)(1) Subject to division (B)(2) of this section, any party | 234 |
to such an agreement may issue and, notwithstanding any other | 235 |
provision of the Revised Code, a district may purchase directly | 236 |
from the party as an investment, securities to evidence the | 237 |
obligations of that party to the district pursuant to the | 238 |
agreement for its portion of the cost of the project pursuant to | 239 |
Chapter 133. or other applicable provisions of the Revised Code. | 240 |
(2) More than half of the property necessary for any project | 241 |
undertaken pursuant to an agreement under this section for which a | 242 |
district is purchasing securities under division (B)(1) of this | 243 |
section shall be located within the territory of the | 244 |
transportation improvement district. | 245 |
(C) Any term used in this section has the same meaning as | 246 |
defined in section 5540.01 of the Revised Code, as amended by | 247 |
248 | |
context clearly requires another meaning. | 249 |
Section 4. That existing Section 555.10 of Am. Sub. H.B. 67 | 250 |
of the 127th General Assembly is hereby repealed. | 251 |