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As Reported by the Senate State and Local Government
and Veterans Affairs Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 91 |
REPRESENTATIVES TERWILLEGER-LUEBBERS-TAYLOR-KREBS-OPFER-
VESPER-SCHULER-YOUNG-ROMAN-EVANS-HOOPS-CATES-CLANCY-
O'BRIEN-BARRETT-VERICH-SYKES-CAREY-PETERSON-PADGETT-
CORBIN-PERZ-WILLAMOWSKI-GRENDELL-ALLEN-WILSON-SULZER-
METZGER-BUEHRER-BENDER-DISTEL-MOTTLEY-MEAD-OLMAN-HARRIS-
SENATOR SSPADA-GARDNER
A BILL
To amend sections 503.02, 503.03, and 503.08 of the Revised Code to
provide that a township reduced at the request of a
municipal
corporation to
less than twenty-two square miles may continue as a
reduced township unless a
petition is filed by the township electors, and to change the
procedure for
partitioning a township.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 503.02, 503.03, and 503.08 of the Revised Code
be amended to read as follows:
Sec. 503.02. The (A) EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, THE board of county commissioners may change the boundaries of
any civil township, or partition any township among other townships within the
county, by attaching a part of one township to another, by dividing one
township and attaching the parts to other townships, or by laying off and
designating a new township from the territory of one or more townships of the
same county or from territory not before included in a civil township, when it
is made to appear necessary or expedient by a petition for that purpose,
signed by a majority of the householders ELECTORS residing
within the bounds of the
townships to be affected by such THE partition or
division, AS DETERMINED BY THE NUMBER OF VOTES CAST IN THOSE
TOWNSHIPS FOR THE OFFICE OF GOVERNOR AT THE MOST RECENT GENERAL ELECTION FOR
THAT OFFICE.
IF THE BOARD RECEIVES A PETITION TO PARTITION A TOWNSHIP THAT HAS ADOPTED A
LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. of the Revised Code,
SIGNED BY A MAJORITY OF THE ELECTORS RESIDING IN THAT TOWNSHIP, THE BOARD
SHALL CERTIFY THE QUESTION OF WHETHER OR NOT THE TOWNSHIP SHALL REMAIN INTACT
TO THE BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL DETERMINE THE
VALIDITY AND SUFFICIENCY
OF THE SIGNATURES ON THE PETITION AND, IF THERE ARE ENOUGH VALID SIGNATURES,
SHALL PLACE THE QUESTION ON THE BALLOT AT A SPECIAL ELECTION TO BE HELD ON THE
DAY
OF THE NEXT GENERAL OR PRIMARY ELECTION IN
THE TOWNSHIP OCCURRING AT LEAST SEVENTY-FIVE DAYS AFTER THE PETITION IS FILED,
FOR A VOTE OF THE ELECTORS WITHIN THAT TOWNSHIP. IF A MAJORITY OF THOSE
VOTING VOTE AGAINST KEEPING THE TOWNSHIP INTACT, THE BOARD OF COUNTY
COMMISSIONERS SHALL PROCEED TO PARTITION THE TOWNSHIP. IF A MAJORITY OF THOSE
VOTING VOTE FOR KEEPING THE TOWNSHIP INTACT, THE BOARD OF COUNTY
COMMISSIONERS SHALL NOT PARTITION THE TOWNSHIP AND SHALL DENY THE PETITION.
(B) IF A TOWNSHIP IS DIVIDED OR PARTITIONED UNDER THIS SECTION,
THE BOARD OF COUNTY COMMISSIONERS SHALL APPORTION THE FUNDS IN THE TOWNSHIP'S
TREASURY TO THE TOWNSHIP TO WHICH PORTIONS OF THE DIVIDED OR PARTITIONED
TOWNSHIP ARE ATTACHED, OR TO THE NEW TOWNSHIPS ESTABLISHED. THIS
APPORTIONMENT MAY TAKE INTO ACCOUNT THE TAXABLE PROPERTY VALUATION,
POPULATION, OR SIZE OF THE PORTIONS CREATED BY THE DIVISION OR PARTITION, AS
WELL AS ANY OTHER READILY ASCERTAINABLE CRITERIA.
Sec. 503.03. No EXCEPT AS PROVIDED IN SECTION 503.09 of the Revised Code, NO
NEW township shall be laid off containing less than
twenty-two
square miles, or have its BUT THE boundaries
so OF A TOWNSHIP MAY BE changed SO as to reduce its
territory
below that quantity, unless it includes a municipal corporation, except as
provided by sections 503.09 to 503.13, inclusive, of the Revised Code. In
case of division or partition of a township, the funds in the treasury thereof
shall be apportioned to the townships to which portions thereof are attached,
or to the new townships established, to the extent they are collected from
such territory.
Sec. 503.08. In making AFTER a change of boundaries IS
MADE as provided by section 503.07
of the Revised Code, if any township not having a municipal corporation
REMAINING within
its limits is reduced in territory to less than twenty-two square miles,
it
may
thereupon be annexed by the board of county commissioners to any
contiguous
township, or the board may annex thereto territory from any contiguous
township and erect a new township. If a majority of the householders of such
reduced township, outside the limits of a municipal
corporation, petition for such annexation, the board may erect such reduced
township into a new township PARTITIONED AS PROVIDED IN SECTION 503.02
of the Revised Code. UNLESS AND UNTIL A PARTITION IS MADE UNDER THAT SECTION, THE REMAINING
TOWNSHIP TERRITORY SHALL REMAIN INTACT. IF THE CHANGES MADE UNDER SECTION
503.07 of the Revised Code REQUIRE THE REMAINING TOWNSHIP TO ACQUIRE A NEW TOWNSHIP NAME, THE
BOARD OF COUNTY COMMISSIONERS SHALL NAME THE REMAINING TOWNSHIP AND RECORD THE
NAME IN A BOOK KEPT AS REQUIRED IN SECTION 503.04 of the Revised Code. NO TWO TOWNSHIPS IN
ANY COUNTY SHALL HAVE THE SAME NAME.
Section 2. That existing sections 503.02, 503.03, and 503.08 of the
Revised Code are hereby repealed.
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