| (C) A successor county is legally obligated for all | 33 |
|
outstanding franchises, contracts, debts including bonds, notes, | 34 |
|
or other debt instruments, and other legally binding obligations | 35 |
|
for, and is legally responsible for maintaining, defending, or | 36 |
|
otherwise resolving any and all legal claims or actions of, each | 37 |
|
municipal corporation or township succeeded. | 38 |
| (D) Voted property tax levies shall remain in effect for the | 39 |
|
parcels of real property to which they applied prior to succession | 40 |
|
by a successor county, and succession shall not affect the | 41 |
|
proceeds of a tax levy pledged for the retirement of any debt | 42 |
|
obligation. Upon expiration of a property tax levy, the levy may | 43 |
|
only be replaced or renewed by vote of the electors of the county | 44 |
|
in the manner provided by law, to apply to real property within | 45 |
|
the boundaries of the successor county. If the millage levied | 46 |
|
inside the ten-mill limitation of each municipal corporation or | 47 |
|
township succeeded is different, the board of county commissioners | 48 |
|
of the successor county shall immediately equalize the millage for | 49 |
|
the entire county, provided that equalization does not affect the | 50 |
|
proceeds of a tax levy pledged for the retirement of any debt | 51 |
|
obligation. | 52 |
| Sec. 307.94. Electors of a county, equal in number to ten | 53 |
|
per cent of the number who voted for governor in the county at the | 54 |
|
most recent gubernatorial election, may file, not later than one | 55 |
|
hundred ten days before the date of a general election, a petition | 56 |
|
with the board of county commissioners asking that the question of | 57 |
|
the adoption of a county charter in the form attached to the | 58 |
|
petition be submitted to the electors of the county. If the county | 59 |
|
charter attached to the petition provides for the succession by | 60 |
|
the county to the rights, properties, and obligations of any | 61 |
|
municipal corporations or townships wholly located in the county, | 62 |
|
the petition also shall include the signatures of not less than | 63 |
|
ten per cent of the electors of each municipal corporation and | 64 |
|
township proposed for succession who voted for governor at the | 65 |
|
most recent gubernatorial election. The petition shall be | 66 |
|
available for public inspection at the offices of the county | 67 |
|
commissioners during regular business hours until four p.m. of the | 68 |
|
one hundred eleventh day before the election, at which time the | 69 |
|
board shall, by resolution, certify the petition to the board of | 70 |
|
elections of the county for submission to the electors of the | 71 |
|
county, unless the signatures are insufficient or the petitions | 72 |
|
otherwise invalid, at the next general election. | 73 |
| Such electors may, in the alternative, not later than the one | 74 |
|
hundred thirtieth day before the date of a general election, file | 75 |
|
such a petition with the board of elections of the county. In such | 76 |
|
case the board of elections shall immediately proceed to determine | 77 |
|
whether the petition and the signatures on the petition meet the | 78 |
|
requirements of law and to count the number of valid signatures | 79 |
|
and to note opposite each invalid signature the reason for the | 80 |
|
invalidity. The board of elections shall complete its examination | 81 |
|
of the petition and the signatures and shall submit a report to | 82 |
|
the board of county commissioners not later than the one hundred | 83 |
|
twentieth day before the date of the general election certifying | 84 |
|
whether the petition is valid or invalid and, if invalid, the | 85 |
|
reasons for invalidity, whether there are sufficient valid | 86 |
|
signatures, and the number of valid and invalid signatures. The | 87 |
|
petition and a copy of the report to the board of county | 88 |
|
commissioners shall be available for public inspection at the | 89 |
|
board of elections. If the petition is certified by the board of | 90 |
|
elections to be valid and to have sufficient valid signatures, the | 91 |
|
board of county commissioners shall forthwith and not later than | 92 |
|
four p.m. on the one hundred eleventh day before the general | 93 |
|
election, by resolution, certify the petition to the board of | 94 |
|
elections for submission to the electors of the county at the next | 95 |
|
general election. If the petition is certified by the board of | 96 |
|
elections to be invalid or to have insufficient valid signatures, | 97 |
|
or both, the petitioners' committee may protest such findings or | 98 |
|
solicit additional signatures as provided in section 307.95 of the | 99 |
|
Revised Code, or both, or request that the board of elections | 100 |
|
proceed to establish the validity or invalidity of the petition | 101 |
|
and the sufficiency or insufficiency of the signatures in an | 102 |
|
action before the court of common pleas in the county. Such action | 103 |
|
must be brought within three days after the request has been made, | 104 |
|
and the case shall be heard forthwith by a judge or such court | 105 |
|
whose decision shall be certified to the board of elections and to | 106 |
|
the board of county commissioners in sufficient time to permit the | 107 |
|
board of county commissioners to perform its duty to certify the | 108 |
|
petition, if it is determined by the court to be valid and contain | 109 |
|
sufficient valid signatures, to the board of elections not later | 110 |
|
than four p.m. on the one hundred eleventh day prior to the | 111 |
|
general election for submission to the electors at such general | 112 |
|
election. | 113 |
| The petitioners shall designate in the petition the names and | 122 |
|
addresses of a committee of not fewer than three nor more than | 123 |
|
five persons who will represent them in all matters relating to | 124 |
|
the petition, except that, if the county charter attached to the | 125 |
|
petition provides for the succession by the county to the rights, | 126 |
|
properties, and obligations of any municipal corporations or | 127 |
|
townships wholly located in the county, the petitioners shall | 128 |
|
designate in the petition the names and addresses of a committee | 129 |
|
of not fewer than five nor more than seven persons who will | 130 |
|
represent them in all matters relating to the petition, at least | 131 |
|
two of whom shall be electors of a municipal corporation or | 132 |
|
township proposed for succession. Notice of all matters or | 133 |
|
proceedings pertaining to such petitions may be served on the | 134 |
|
committee, or any of them, either personally or by certified mail, | 135 |
|
or by leaving it at the usual place of residence of each of them. | 136 |
| Sec. 307.95. (A) When a county charter petition has been | 137 |
|
certified to the board of elections pursuant to section 307.94 of | 138 |
|
the Revised Code, the board shall immediately proceed to determine | 139 |
|
whether the petition and the signatures on the petition meet the | 140 |
|
requirements of law, including section 3501.38 of the Revised | 141 |
|
Code, and to count the number of valid signatures. If the petition | 142 |
|
provides for the succession by the county to the rights, | 143 |
|
properties, and obligations of any municipal corporations or | 144 |
|
townships wholly located in the county, the board also shall | 145 |
|
determine whether the petition includes the signatures of not less | 146 |
|
than ten per cent of the electors of each municipal corporation | 147 |
|
and township proposed for succession who voted for governor at the | 148 |
|
most recent gubernatorial election. The board shall note opposite | 149 |
|
each invalid signature the reason for the invalidity. The board | 150 |
|
shall complete its examination of the petition and the signatures | 151 |
|
not later than ten days after receipt of the petition certified by | 152 |
|
the board of county commissioners and shall submit a report to the | 153 |
|
board of county commissioners not less than one hundred days | 154 |
|
before the election certifying whether the petition is valid or | 155 |
|
invalid and, if invalid, the reasons for the invalidity, whether | 156 |
|
there are sufficient valid signatures, and the number of valid and | 157 |
|
invalid signatures. The petition and a copy of the report to the | 158 |
|
board of county commissioners shall be available for public | 159 |
|
inspection at the board of elections. If the petition is | 160 |
|
determined by the board of elections to be valid but the number of | 161 |
|
valid signatures is insufficient, the board of county | 162 |
|
commissioners shall immediately notify the committee for the | 163 |
|
petitioners, who may solicit and file additional signatures to the | 164 |
|
petition pursuant to division (E) of this section or protest the | 165 |
|
board of election's findings pursuant to division (B) of this | 166 |
|
section, or both. | 167 |
(B) Protests against the board of election'selections' | 168 |
|
findings concerning the validity or invalidity of a county charter | 169 |
|
petition or any signature on such petition may be filed by any | 170 |
|
elector eligible to vote at the next general election with the | 171 |
|
board of elections not later than four p.m. of the ninety-seventh | 172 |
|
day before the election. Each protest shall identify the part of, | 173 |
|
or omission from, the petition or the signature or signatures to | 174 |
|
which the protest is directed, and shall set forth specifically | 175 |
|
the reason for the protest. A protest must be in writing, signed | 176 |
|
by the elector making the protest, and shall include the | 177 |
|
protestor's address. Each protest shall be filed in duplicate. | 178 |
(C) The board of elections shall deliver or mail beby | 179 |
|
certified mail one copy of each protest filed with it to the | 180 |
|
secretary of state. The secretary of state, within ten days after | 181 |
|
receipt of the protests, shall determine the validity or | 182 |
|
invalidity of the petition and the sufficiency or insufficiency of | 183 |
|
the signatures. The secretary of state may determine whether to | 184 |
|
permit matters not raised by protest to be considered in | 185 |
|
determining such validity or invalidity or sufficiency or | 186 |
|
insufficiency, and may conduct hearings, either in Columbus or in | 187 |
|
the county where the county charter petition is filed. The | 188 |
|
determination by the secretary of state is final. | 189 |
| (D) The secretary of state shall notify the board of | 190 |
|
elections of the determination of the validity or invalidity of | 191 |
|
the petition and sufficiency or insufficiency of the signatures | 192 |
|
not later than four p.m. of the eighty-first day before the | 193 |
|
election. If the petition is determined to be valid and to contain | 194 |
|
sufficient valid signatures, the charter shall be placed on the | 195 |
|
ballot at the next general election. If the petition is determined | 196 |
|
to be invalid, the secretary of state shall so notify the board of | 197 |
|
county commissioners, and the board of county commissioners shall | 198 |
|
notify the committee. If the petition is determined by the | 199 |
|
secretary of state to be valid but the number of valid signatures | 200 |
|
is insufficient, the board of elections shall immediately notify | 201 |
|
the committee for the petitioners and the committee shall be | 202 |
|
allowed ten additional days after such notification to solicit and | 203 |
|
file additional signatures to the petition subject to division (E) | 204 |
|
of this section. | 205 |
| (E) All additional signatures solicited pursuant to division | 206 |
|
(A) or (D) of this section shall be filed with the board of | 207 |
|
elections not less than seventy days before the election. The | 208 |
|
board of elections shall examine and determine the validity or | 209 |
|
invalidity of the additional separate petition papers and of the | 210 |
|
signatures thereon, and its determination is final. No valid | 211 |
|
signature on an additional separate petition paper that is the | 212 |
|
same as a valid signature on an original separate petition paper | 213 |
|
shall be counted. The number of valid signatures on the original | 214 |
|
separate petition papers and the additional separate petition | 215 |
|
papers shall be added together to determine whether there are | 216 |
|
sufficient valid signatures. If the number of valid signatures is | 217 |
|
sufficient and the additional separate petition papers otherwise | 218 |
|
valid, the charter shall be placed on the ballot at the next | 219 |
|
general election. If not, the board of elections shall notify the | 220 |
|
county commissioners, and the commissioners shall notify the | 221 |
|
committee. | 222 |
| Sec. 307.96. Except as provided by Section 3 of Article X, | 223 |
|
Ohio Constitution, a county charter or amendment shall become | 224 |
|
effective if it has been approved by the majority of the electors | 225 |
|
voting thereon, or, if the charter or amendment provides for the | 226 |
|
succession by the county to the rights, properties, and | 227 |
|
obligations of any municipal corporations or townships wholly | 228 |
|
located in the county, by a majority of the electors of the county | 229 |
|
voting thereon, and by a majority of the electors of each | 230 |
|
municipal corporation and of each township proposed for succession | 231 |
|
voting thereon. The charter or amendment shall take effect on the | 232 |
|
thirtieth day after approval, unless another date is fixed in the | 233 |
|
charter or amendment. | 234 |