REPRESENTATIVES Roman, Driehaus, Coates, Distel, Carano, Sferra, Schmidt, Flowers, Hagan, Willamowski, Niehaus, Metzger, Seaver, Faber, Peterson, Aslanides, Krupinski, Rhine, Latell, Cates, Grendell, Seitz, Buehrer, Brinkman, Latta, Clancy, Hollister, Kearns, Collier, Webster, Womer Benjamin, Widowfield

To amend sections 505.62, 709.02, 709.03, 709.032,

1

709.033, 709.04, 709.13, 709.14, 709.15, 709.19,

2

709.21, 929.02, and 5705.31; to enact new sections

3

709.031, 709.07, 709.11, and 709.16 and sections

4

709.013, 709.014, 709.015, 709.021, 709.022,

5

709.023, 709.024, 709.192, and 5705.315; and to

6

repeal sections 709.031, 709.07, 709.08, 709.09,

7

709.11, 709.16, 709.17, and 709.18 of the Revised

8

Code to revise the laws governing municipal

9

annexations.

10

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

Section 1.  That sections 505.62, 709.02, 709.03, 709.032,	11
709.033, 709.04, 709.13, 709.14, 709.15, 709.19, 709.21, 929.02,	12
and 5705.31 be amended and new sections 709.031, 709.07, 709.11,	13
and 709.16 and sections 709.013, 709.014, 709.015, 709.021,	14
709.022, 709.023, 709.024, 709.192, and 5705.315 of the Revised	15
Code be enacted to read as follows:	16

Sec. 505.62.  A board of township trustees may enter into a	17
contract with, and may appropriate township general revenue fund	18
moneys for the services of, an attorney to represent the township	19
at annexation hearings before the board of county commissioners	20
and upon any appeal of the board's decision pursuant to section	21
709.07 or Chapter 2506. of the Revised Code.	22

The board of township trustees of a township that includes	23
territory that is proposed to be annexed has standing in any	24
appeal of the board of county commissioners' decision on the	25
annexation of township territory that is taken pursuant to section	26
709.07 or Chapter 2506. of the Revised Code, if the board of	27
township trustees was represented at the annexation hearing before	28
the board of county commissioners, expert witnesses, and other	29
consultants as the board determines are necessary for any	30
potential or pending annexation action, including proceedings	31
before a board of county commissioners or any court. The board	32
also may appropriate general revenue fund moneys for any other	33
expenses it considers necessary that are related to any potential	34
or pending annexation actions.	35

Sec. 709.013.  (A) If, after a petition for annexation is	36
filed with the board of county commissioners, one or more other	37
petitions are filed containing all or a part of the territory	38
contained in the first petition, the board shall hear and decide	39
the petitions in the order in which they were filed.	40

(B) The effect of granting any petition under division (A)	41
of this section shall be to delete from any subsequently filed	42
petition any territory contained in the petition that was granted.	43

(C) If two or more petitions for annexation are filed	44
seeking to annex part or all of the same territory and appeals are	45
subsequently filed under section 709.07 of the Revised Code, each	46
court shall decide the appeal on the first-filed petition before	47
considering the appeal in any subsequently filed petition.	48

Sec. 709.014.  (A) The board of county commissioners may	49
establish a reasonable fee or schedule of fees to cover its costs	50
incurred in any annexation proceedings that take place under this	51
chapter. The board also may require an initial deposit to be paid	52
at the time a petition for annexation is filed under sections	53
709.02 to 709.21 of the Revised Code or promptly after that time.	54
The clerk of the board shall maintain an accurate and detailed	55
accounting of all funds received and expended in the processing of	56
a petition for annexation filed under sections 709.02 to 709.21 of	57
the Revised Code.	58

(B) Notwithstanding anything to the contrary in division (E)	59
of section 709.024 and division (A) of section 709.03 of the	60
Revised Code, the board of county commissioners, by resolution,	61
may appoint the clerk of the board or the county administrator to	62
set the date, time, and place for hearings, and to provide	63
associated notices to the agent for the petitioners, required	64
under those divisions instead of the board.	65

Sec. 709.015. The procedural requirements set forth in	66
sections 709.02 to 709.21 of the Revised Code are directory in	67
nature. Substantial compliance with the procedural requirements	68
of those sections is sufficient to grant the board of county	69
commissioners jurisdiction to hear and render its decision on a	70
petition for annexation filed under those sections. The board	71
shall cure a procedural defect and shall not deny a petition for	72
annexation solely upon the basis of procedural defects.	73

Sec. 709.02.  (A) The owners of real estate adjacent	74
contiguous to a municipal corporation may, at their option, cause	75
such territory to be annexed thereto, petition for annexation to a	76
municipal corporation in the manner provided by sections 709.03	77
709.02 to 709.11 of the Revised Code. Application	78

(B) Application for such annexation shall be made by a	79
petition, addressed to filed with the clerk of the board of county	80
commissioners of the county in which the territory is located, and	81
signed by a majority of the owners of real estate in such	82
territory. Such	83

(C) The petition required by this section shall contain the	84
following:	85

(A) A full (1) The signatures of a majority of the owners of	86
real estate in the territory proposed for annexation. The person	87
who signs or the circulator of the petition also shall write the	88
date the signature was made next to the owner's name. No signature	89
obtained more than one hundred eighty days before the date on	90
which the petition is filed shall be counted in determining the	91
number of signers of the petition. Any owner who signed the	92
petition may have the signature removed before the document is	93
filed by delivering a signed statement to the agent for the	94
petitioners expressing the owner's wish to have the signature	95
removed. Upon receiving a signed statement, the agent for the	96
petitioners shall strike through the signature, causing the	97
signature to be deleted from the petition.	98

(2) An accurate legal description of the perimeter and an	99
accurate map or plat of the territory sought to be annexed	100
proposed for annexation;	101

(B) A statement of the number of owners of real estate in	102
the territory sought to be annexed;	103

(C)(3) The name of a person or persons to act as agent for	104
the petitioners. The agent for the petitioners may be an official,	105
employee, or agent of the municipal corporation to which	106
annexation is proposed.	107

(D) At the time of filing the petition for annexation, the	108
agent for the petitioners also shall file with the clerk of the	109
board a list of all tracts, lots, or parcels in the territory	110
proposed for annexation, and all tracts, lots, or parcels located	111
adjacent to that territory or directly across the road from it	112
when the road is adjacent to it, including the name and mailing	113
address of the owner of each tract, lot, or parcel, and the	114
permanent parcel number from the county auditor's permanent parcel	115
numbering system established under section 319.28 of the Revised	116
Code for each tract, lot, or parcel. This list shall not be	117
considered to be a part of the petition for annexation, and any	118
error on the list shall not affect the validity of the petition.	119

(E) As used in sections 709.02 to 709.21 and, 709.38, and	120
709.39 of the Revised Code, "owner" or "owners" means any adult	121
individual seized of a freehold estate in land who is legally	122
competent, the state or any political subdivision as defined in	123
section 5713.081 of the Revised Code, and any firm, trustee, or	124
private corporation that, any of which is seized of a freehold	125
estate in land; except that individuals, firms, and corporations	126
holding easements and any railroad, utility, street, and highway	127
rights-of-way held in fee, by easement, or by dedication and	128
acceptance are not included within such those meanings; and no	129
person, firm, trustee, or private corporation, the state, or any	130
political subdivision, that has become an owner of real estate by	131
a conveyance, the primary purpose of which is to affect the number	132
of owners required to sign an annexation a petition for	133
annexation, is included within such those meanings. For purposes	134
of sections 709.02 to 709.21, 709.38, and 709.39 of the Revised	135
Code, the state or any political subdivision shall not be	136
considered an owner and shall not be included in determining the	137
number of owners needed to sign a petition unless an authorized	138
agent of the state or the political subdivision signs the	139
petition. The authorized agent for the state shall be the	140
director of administrative services.	141

An owner is determined as of the date the petition is filed	142
with the board of county commissioners. If the owner is a	143
corporation, partnership, business trust, estate, trust,	144
organization, association, group, institution, society, state, or	145
political subdivision, the petition shall be signed by a person	146
who is authorized to sign for that entity. A person who owns more	147
than one parcel of real estate, either individually or as a tenant	148
in common or by survivorship tenancy, shall be counted as one	149
owner for purposes of this chapter.	150

Sec. 709.021. (A) When a petition signed by all of the	151
owners of real estate in the unincorporated territory of a	152
township proposed for annexation requests the annexation of that	153
territory to a municipal corporation contiguous to that territory	154
under one of the special procedures provided for annexation in	155
sections 709.022, 709.023, and 709.024 of the Revised Code, the	156
annexation proceedings shall be conducted under those sections to	157
the exclusion of any other provisions of this chapter unless	158
otherwise provided in this section or the special procedure	159
section chosen.	160

(B) Application for annexation shall be made by a petition	161
filed with the clerk of the board of county commissioners of the	162
county in which the territory is located, and the procedures	163
contained in divisions (C), (D), and (E) of section 709.02 of the	164
Revised Code shall be followed, except that all owners, not just a	165
majority of owners, shall sign the petition. To be valid, each	166
petition circulated for the special procedure in section 709.022	167
or 709.023 of the Revised Code shall contain the notice provided	168
for in division (B) of section 709.022 or division (A) of section	169
709.023 of the Revised Code, whichever is applicable.	170

(C) Except as otherwise provided in this section, only this	171
section and sections 709.014, 709.015, 709.04, 709.10, 709.11,	172
709.12, 709.192, 709.20, and 709.21 of the Revised Code apply to	173
the granting of an annexation described in this section.	174

(D) As used in sections 709.022 and 709.024 of the Revised	175
Code, "party" or "parties" means the municipal corporation to	176
which annexation is proposed, each township any portion of which	177
is included within the territory proposed for annexation, and the	178
agent for the petitioners.	179

Sec. 709.022. (A) A petition filed under section 709.021 of	180
the Revised Code that requests to follow this section is for the	181
special procedure of annexing land with the consent of all	182
parties. The petition shall be accompanied by a certified copy of	183
an annexation agreement provided for in section 709.192 of the	184
Revised Code or of a cooperative economic development agreement	185
provided for in section 701.07 of the Revised Code, that is	186
entered into by the municipal corporation and each township any	187
portion of which is included within the territory proposed for	188
annexation. Upon the receipt of the petition and the applicable	189
agreement, the board of county commissioners, at the board's next	190
regular session, shall enter upon its journal a resolution	191
granting the annexation, without holding a hearing.	192

(B) Owners who sign a petition requesting that the special	193
procedure in this section be followed expressly waive their right	194
to appeal any action taken by the board of county commissioners	195
under this section. There is no appeal from the board's decision	196
under this section in law or in equity.	197

The petition circulated to collect signatures for the special	198
procedure in this section shall contain in boldface capital	199
letters immediately above the heading of the place for signatures	200
on each part of the petition the following: "WHOEVER SIGNS THIS	201
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL ANY ACTION ON THE	202
PETITION TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. THERE ALSO	203
IS NO APPEAL FROM THE BOARD'S DECISION IN THIS MATTER IN LAW OR IN	204
EQUITY."	205

(C) After the board of county commissioners grants the	206
petition for annexation, the clerk of the board shall deliver a	207
certified copy of the entire record of the annexation proceedings,	208
including all resolutions of the board, signed by a majority of	209
the members of the board, the petition, map, and all other papers	210
on file, and the recording of the proceedings, if a copy is	211
available, to the auditor or clerk of the municipal corporation to	212
which annexation is proposed.	213

Sec.  709.023. (A) A petition filed under section 709.021	214
of the Revised Code that requests to follow this section is for	215
the special procedure of annexing land into a municipal	216
corporation when, subject to division (H) of this section, the	217
land also is not to be excluded from the township under section	218
503.07 of the Revised Code. The owners who sign this petition by	219
their signature expressly waive their right to appeal in law or	220
equity from the board of county commissioners' entry of any	221
resolution under this section, waive any rights they may have to	222
sue on any issue relating to a municipal corporation requiring a	223
buffer as provided in this section, and waive any rights to seek a	224
variance that would relieve or exempt them from that buffer	225
requirement.	226

The petition circulated to collect signatures for the special	227
procedure in this section shall contain in boldface capital	228
letters immediately above the heading of the place for signatures	229
on each part of the petition the following: "WHOEVER SIGNS THIS	230
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY	231
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION	232
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT	233
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS	234
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."	235

(B) Upon the filing of the petition in the office of the	236
clerk of the board of county commissioners, the clerk shall cause	237
the petition to be entered upon the board's journal at its next	238
regular session. This entry shall be the first official act of	239
the board on the petition. Within five days after the filing of	240
the petition, the agent for the petitioners shall notify in the	241
manner and form specified in this division the clerk of the	242
legislative authority of the municipal corporation to which	243
annexation is proposed, the clerk of each township any portion of	244
which is included within the territory proposed for annexation,	245
the clerk of the board of county commissioners of each county in	246
which the territory proposed for annexation is located other than	247
the county in which the petition is filed, and the owners of	248
property adjacent to the territory proposed for annexation or	249
adjacent to a road that is adjacent to that territory and located	250
directly across that road from that territory. The notice shall	251
be given by certified mail, return receipt requested, or by	252
causing the notice to be personally served on the appropriate	253
governmental officer or property owner, with proof of service	254
being by affidavit of the person who delivered the notice. The	255
notice shall refer to the time and date when the petition was	256
filed and the county in which it was filed and shall have attached	257
or shall be accompanied by a copy of the petition and any	258
attachments or documents accompanying the petition as filed. The	259
proof of service of the notice shall be filed with the board of	260
county commissioners with which the petition was filed.	261

(C) Within twenty days after the date that the petition is	262
filed, the legislative authority of the municipal corporation to	263
which annexation is proposed shall adopt an ordinance or	264
resolution stating what services the municipal corporation will	265
provide, and an approximate date by which it will provide them, to	266
the territory proposed for annexation, upon annexation. The	267
municipal corporation is entitled in its sole discretion to	268
provide to the territory proposed for annexation, upon annexation,	269
services in addition to the services described in that ordinance	270
or resolution.	271

If the territory proposed for annexation is subject to zoning	272
regulations adopted under either Chapter 303. or 519. of the	273
Revised Code at the time the petition is filed, the legislative	274
authority of the municipal corporation also shall adopt an	275
ordinance or resolution stating that, if the territory is annexed	276
and becomes subject to zoning by the municipal corporation and	277
that municipal zoning permits uses in the annexed territory that	278
the municipal corporation determines are clearly incompatible with	279
the uses permitted under current county or township zoning	280
regulations in the adjacent land remaining within the township	281
from which the territory was annexed, the legislative authority of	282
the municipal corporation will require, in the zoning ordinance	283
permitting the incompatible uses, the owner of the annexed	284
territory to provide a buffer separating the use of the annexed	285
territory and the adjacent land remaining within the township. For	286
the purposes of this section, "buffer" includes open space,	287
landscaping, fences, walls, and other structured elements; streets	288
and street rights-of-way; and bicycle and pedestrian paths and	289
sidewalks.	290

The clerk of the legislative authority of the municipal	291
corporation to which annexation is proposed shall file the	292
ordinances or resolutions adopted under this division with the	293
board of county commissioners within twenty days following the	294
date that the petition is filed. The board shall make these	295
ordinances or resolutions available for public inspection.	296

(D) Within twenty-five days after the date that the petition	297
is filed, the legislative authority of the municipal corporation	298
to which annexation is proposed and each township any portion of	299
which is included within the territory proposed for annexation may	300
adopt and file with the board of county commissioners an ordinance	301
or resolution consenting or objecting to the proposed annexation.	302
An objection to the proposed annexation shall be based solely upon	303
the petition's failure to meet the conditions specified in	304
division (E) of this section.	305

If the municipal corporation and each of those townships	306
timely files an ordinance or resolution consenting to the proposed	307
annexation, the board at its next regular session shall enter upon	308
its journal a resolution granting the proposed annexation. If,	309
instead, the municipal corporation or any of those townships files	310
an ordinance or resolution that objects to the proposed	311
annexation, the board of county commissioners shall proceed as	312
provided in division (E) of this section. Failure of the	313
municipal corporation or any of those townships to timely file an	314
ordinance or resolution consenting or objecting to the proposed	315
annexation shall be deemed to constitute consent by that municipal	316
corporation or township to the proposed annexation.	317

(E) Unless the petition is granted under division (D) of	318
this section, not less than thirty or more than forty-five days	319
after the date that the petition is filed, the board of county	320
commissioners shall review it to determine if each of the	321
following conditions has been met:	322

(1) The petition meets all the requirements set forth in,	323
and was filed in the manner provided in, section 709.021 of the	324
Revised Code.	325

(2) The persons who signed the petition are owners of the	326
real estate located in the territory proposed for annexation and	327
constitute all of the owners of real estate in that territory.	328

(3) The territory proposed for annexation does not exceed	329
five hundred acres.	330

(4) The territory proposed for annexation shares a contiguous	331
boundary with the municipal corporation to which annexation is	332
proposed for a continuous length of at least five per cent of the	333
perimeter of the territory proposed for annexation.	334

(5) The annexation will not create an unincorporated area of	335
the township that is completely surrounded by the territory	336
proposed for annexation.	337

(6) The municipal corporation to which annexation is	338
proposed has agreed to provide to the territory proposed for	339
annexation the services specified in the relevant ordinance or	340
resolution adopted under division (C) of this section.	341

(7) If a street or highway will be divided or segmented by	342
the boundary line between the township and the municipal	343
corporation as to create a road maintenance problem, the municipal	344
corporation to which annexation is proposed has agreed as a	345
condition of the annexation to assume the maintenance of that	346
street or highway or to otherwise correct the problem. As used in	347
this section, "street" or "highway" has the same meaning as in	348
section 4511.01 of the Revised Code.	349

(F) Not less than thirty or more than forty-five days after	350
the date that the petition is filed, if the petition is not	351
granted under division (D) of this section, the board of county	352
commissioners, if it finds that each of the conditions specified	353
in division (E) of this section has been met, shall enter upon its	354
journal a resolution granting the annexation. If the board of	355
county commissioners finds that one or more of the conditions	356
specified in division (E) of this section have not been met, it	357
shall enter upon its journal a resolution that states which of	358
those conditions the board finds have not been met and that denies	359
the petition.	360

(G) If a petition is granted under division (D) or (F) of	361
this section, the clerk of the board of county commissioners shall	362
proceed as provided in division (C)(1) of section 709.033 of the	363
Revised Code, except that no recording or hearing exhibits would	364
be involved. There is no appeal in law or equity from the board's	365
entry of any resolution under this section, but any party may seek	366
a writ of mandamus to compel the board of county commissioners to	367
perform its duties under this section.	368

(H) Notwithstanding anything to the contrary in section	369
503.07 of the Revised Code, unless otherwise provided in an	370
annexation agreement entered into pursuant to section 709.192 of	371
the Revised Code or in a cooperative economic development	372
agreement entered into pursuant to section 701.07 of the Revised	373
Code, territory annexed into a municipal corporation pursuant to	374
this section shall not at any time be excluded from the township	375
under section 503.07 of the Revised Code and, thus, remains	376
subject to the township's real property taxes.	377

(I) Any owner of land that remains within a township and	378
that is adjacent to territory annexed pursuant to this section who	379
is directly affected by the failure of the annexing municipal	380
corporation to enforce compliance with any zoning ordinance it	381
adopts under division (C) of this section requiring the owner of	382
the annexed territory to provide a buffer zone, may commence in	383
the court of common pleas a civil action against that owner to	384
enforce compliance with that buffer requirement whenever the	385
required buffer is not in place before any development of the	386
annexed territory begins.	387

Sec. 709.024. (A) A petition filed under section 709.021 of	388
the Revised Code that requests to follow this section is for the	389
special procedure of annexing land into a municipal corporation	390
for the purpose of undertaking a significant economic development	391
project. As used in this section, "significant economic	392
development project" means one or more economic development	393
projects that can be classified as industrial, distribution, high	394
technology, research and development, or commercial, which	395
projects may include ancillary residential and retail uses and	396
which projects shall satisfy all of the following:	397

(1) Total private real and personal property investment in a	398
project shall be in excess of ten million dollars through land and	399
infrastructure, new construction, reconstruction, installation of	400
fixtures and equipment, or the addition of inventory, excluding	401
investment solely related to the ancillary residential and retail	402
elements, if any, of the project. As used in this division,	403
"private real and personal property investment" does not include	404
payments in lieu of taxes, however characterized, under Chapter	405
725. or 1728. or sections 5709.40 to 5709.43, 5709.73 to 5709.75,	406
or 5709.78 to 5709.81 of the Revised Code.	407

(2) There shall be created by the project an additional	408
annual payroll in excess of one million dollars, excluding payroll	409
arising solely out of the retail elements, if any, of the project.	410

(3) The project has been certified by the state director of	411
development as meeting the requirements of divisions (A)(1) and	412
(2) of this section.	413

(B) Upon the filing of the petition under section 709.021 of	414
the Revised Code in the office of the clerk of the board of county	415
commissioners, the clerk shall cause the petition to be entered	416
upon the journal of the board at its next regular session. This	417
entry shall be the first official act of the board on the	418
petition. Within five days after the filing of the petition, the	419
agent for the petitioners shall notify in the manner and form	420
specified in this division the clerk of the legislative authority	421
of the municipal corporation to which annexation is proposed, the	422
clerk of each township any portion of which is included within the	423
territory proposed for annexation, the clerk of the board of	424
county commissioners of each county in which the territory	425
proposed for annexation is located other than the county in which	426
the petition is filed, and the owners of property adjacent to the	427
territory proposed for annexation or adjacent to a road that is	428
adjacent to that territory and located directly across that road	429
from that territory. The notice shall be given by certified mail,	430
return receipt requested, or by causing the notice to be	431
personally served on the appropriate governmental officer or	432
property owner, with proof of service being by affidavit of the	433
person who delivered the notice. The notice shall refer to the	434
time and date when the petition was filed and the county in which	435
it was filed and shall have attached or shall be accompanied by a	436
copy of the petition and any attachments or documents accompanying	437
the petition as filed. The proof of service of the notice shall	438
be filed with the board of county commissioners with which the	439
petition was filed.	440

(C)(1) Within thirty days after the petition is filed, the	441
legislative authority of the municipal corporation to which	442
annexation is proposed and each township any portion of which is	443
included within the territory proposed for annexation may adopt	444
and file with the board of county commissioners an ordinance or	445
resolution consenting or objecting to the proposed annexation. An	446
objection to the proposed annexation shall be based solely upon	447
the petition's failure to meet the conditions specified in	448
division (F) of this section. Failure of the municipal	449
corporation or any of those townships to timely file an ordinance	450
or resolution consenting or objecting to the proposed annexation	451
shall be deemed to constitute consent by that municipal	452
corporation or township to the proposed annexation.	453

(2) Within twenty days after receiving the notice required	454
by division (B) of this section, the legislative authority of the	455
municipal corporation shall adopt, by ordinance or resolution, a	456
statement indicating what services the municipal corporation will	457
provide or cause to be provided, and an approximate date by which	458
it will provide or cause them to be provided, to the territory	459
proposed for annexation, upon annexation. If a hearing is to be	460
conducted under division (E) of this section, the legislative	461
authority shall file the statement with the clerk of the board of	462
county commissioners at least twenty days before the date of the	463
hearing.	464

(D) If all parties to the annexation proceedings consent to	465
the proposed annexation, a hearing shall not be held, and the	466
board, at its next regular session, shall enter upon its journal a	467
resolution granting the annexation. There is no appeal in law or	468
in equity from the board's entry of a resolution under this	469
division. The clerk of the board shall proceed as provided in	470
division (C)(1) of section 709.033 of the Revised Code.	471

(E) Unless the petition is granted under division (D) of	472
this section, a hearing shall be held on the petition. The board	473
of county commissioners shall hear the petition at its next	474
regular session and shall notify the agent for the petitioners of	475
the hearing's date, time, and place. The agent for the	476
petitioners shall give notice to the parties entitled to notice	477
under division (B) of this section of the date, time, and place of	478
the hearing. At the hearing, those parties and any owner of real	479
estate within the territory proposed to be annexed are entitled to	480
appear for the purposes described in division (C) of section	481
709.032 of the Revised Code.	482

(F) Within thirty days after a hearing under division (E) of	483
this section, the board of county commissioners shall enter upon	484
its journal a resolution granting or denying the proposed	485
annexation. The resolution shall include specific findings of	486
fact as to whether or not each of the conditions listed in this	487
division has been met. If the board grants the annexation, the	488
clerk of the board shall proceed as provided in division (C)(1) of	489
section 709.033 of the Revised Code.	490

The board shall enter a resolution granting the annexation if	491
it finds, based upon a preponderance of the substantial, reliable,	492
and probative evidence on the whole record, that each of the	493
following conditions has been met:	494

(1) The petition meets all the requirements set forth in,	495
and was filed in the manner provided in, section 709.021 of the	496
Revised Code.	497

(2) The persons who signed the petition are owners of real	498
estate located in the territory proposed to be annexed in the	499
petition and constitute all of the owners of real estate in that	500
territory.	501

(3) No street or highway will be divided or segmented by the	502
boundary line between a township and the municipal corporation as	503
to create a road maintenance problem, or if the street or highway	504
will be so divided or segmented, the municipal corporation has	505
agreed, as a condition of the annexation, that it will assume the	506
maintenance of that street or highway. For the purposes of this	507
division, "street" or "highway" has the same meaning as in section	508
4511.01 of the Revised Code.	509

(4) The municipal corporation to which the territory is	510
proposed to be annexed has adopted an ordinance or resolution as	511
required by division (C)(2) of this section.	512

(5) The state director of development has certified that the	513
project meets the requirements of divisions (A)(1) and (2) of this	514
section and thereby qualifies as a significant economic	515
development project. The director's certification is binding on	516
the board of county commissioners.	517

(G) An owner who signed the petition may appeal a decision	518
of the board of county commissioners denying the proposed	519
annexation under section 709.07 of the Revised Code. No other	520
person has standing to appeal the board's decision in law or in	521
equity. If the board grants the annexation, there shall be no	522
appeal in law or in equity.	523

(H) Notwithstanding anything to the contrary in section	524
503.07 of the Revised Code, unless otherwise provided in an	525
annexation agreement entered into pursuant to section 709.192 of	526
the Revised Code or in a cooperative economic development	527
agreement entered into pursuant to section 701.07 of the Revised	528
Code, territory annexed into a municipal corporation pursuant to	529
this section shall not at any time be excluded from the township	530
under section 503.07 of the Revised Code and, thus, remains	531
subject to the township's real property taxes.	532

(I) A municipal corporation to which annexation is proposed	533
is entitled in its sole discretion to provide to the territory	534
proposed for annexation, upon annexation, services in addition to	535
the services described in the ordinance or resolution adopted by	536
the legislative authority of the municipal corporation under	537
division (C)(2) of this section.	538

Sec. 709.03.  The (A) Once a petition required by described	539
in section 709.02 of the Revised Code shall be is filed in, the	540
office clerk of the board of county commissioners and the clerk	541
shall cause the petition to be entered upon the record of	542
proceedings journal of the board, which at its next regular	543
session. This entry shall be the first official act of the board	544
on the annexation petition, and shall cause the petition to be	545
filed in the office of the county auditor, where it shall be	546
subject to the inspection of any interested person. The agent for	547
the petitioners shall cause written notice of the filing of the	548
petition with the board of county commissioners and the date of	549
such filing to be delivered to the clerk of the legislative	550
authority of the municipal corporation to which annexation is	551
proposed and to the clerk of each township any portion of which is	552
included within the territory sought to be annexed. Any person.	553
Within five days after the filing of the petition, the board shall	554
set the date, time, and place for the hearing on the petition and	555
shall notify the agent for the petitioners. The date for the	556
hearing shall be not less than sixty or more than ninety days	557
after the petition is filed with the clerk of the board.	558

(B) Upon being notified of the date of the hearing, the	559
agent for the petitioners shall do all of the following:	560

(1) Within five days cause written notice of the filing of	561
the petition with the board of county commissioners, the date and	562
time of the filing, and the date, time, and place of the hearing,	563
to be delivered to the clerk of the legislative authority of the	564
municipal corporation to which annexation is proposed, to the	565
clerk of each township any portion of which is included within the	566
territory proposed for annexation, and to the clerk of the board	567
of county commissioners of each county in which the territory	568
proposed for annexation is located other than the county in which	569
the petition is filed. The notice shall state the date and time	570
when the petition was filed and the county in which it was filed	571
and shall have attached or shall be accompanied by a copy of the	572
petition and any attachments or documents accompanying the	573
petition as filed. The notice shall be given by certified mail,	574
return receipt requested, or by causing the notice to be	575
personally served on the appropriate governmental officer, with	576
proof of service being by affidavit of the person who delivered	577
the notice. Within ten days after the date of completion of	578
service, the agent for the petitioners shall file proof of service	579
of the notice with the board of county commissioners with which	580
the petition was filed.	581

(2) Within ten days send by regular mail a copy of the	582
notice of the board of county commissioners of the hearing to all	583
owners of property within the territory proposed to be annexed,	584
and to all owners of property adjacent to the territory proposed	585
to be annexed or adjacent to a road that is adjacent to that	586
territory and located directly across that road from that	587
territory, whose names were provided by the agent for the	588
petitioners under division (D) of section 709.02 of the Revised	589
Code, along with a map of the territory proposed to be annexed and	590
a statement indicating where the full petition for annexation can	591
be reviewed. The notice also shall include a statement that any	592
owner who signed the petition may remove the owner's signature by	593
filing with the clerk of the board of county commissioners a	594
written notice of withdrawal of the owner's signature within	595
twenty-one days after the date the agent mails the notice; the	596
agent shall include with each mailed notice a certification of the	597
date of its mailing for this purpose. Within ten days after the	598
mailing of the notices, the agent shall file with the board of	599
county commissioners with which the petition was filed, a	600
notarized affidavit that a notice was sent by regular mail to	601
these property owners.	602

(3) Cause a notice containing the substance of the petition,	603
and the date, time, and place of the hearing, to be published at	604
least once and at least seven days prior to the date fixed for the	605
hearing, in a newspaper of general circulation in each county in	606
which territory proposed for annexation is situated. Within ten	607
days after the date of completion of the publication or at the	608
hearing, whichever comes first, the agent for the petitioners	609
shall file proof of publication of the notice with the board of	610
county commissioners with which the petition was filed.	611

(C) Any owner who signed the petition for annexation may	612
remove his that signature by filing with the clerk of the board of	613
county commissioners a written notice of withdrawal of his the	614
owner's signature within twenty twenty-one days after such a	615
notice of filing is delivered to the clerk of the township in	616
which he resides the date the agent for the petitioners mailed the	617
notice of the hearing to the owner as provided in division (B)(2)	618
of this section. Thereafter, signatures may be withdrawn or	619
removed only in the manner authorized by section 709.032 of the	620
Revised Code.	621

(D) Upon receiving the notice described in division (B)(1)	622
of this section, the legislative authority of the municipal	623
corporation shall adopt, by ordinance or resolution, a statement	624
indicating what services the municipal corporation will provide,	625
and an approximate date by which it will provide them, to the	626
territory proposed for annexation, upon annexation. The statement	627
shall be filed with the board of county commissioners at least	628
twenty days before the date of the hearing. The municipal	629
corporation is entitled in its sole discretion to provide to the	630
territory proposed for annexation, upon annexation, services in	631
addition to the services described in the ordinance or resolution	632
it adopts under this division.	633

Sec. 709.031. (A) Within five days after the petition for	634
annexation is filed with the board of county commissioners, the	635
clerk of the board shall refer the legal description of the	636
perimeter and the map or plat of the territory proposed to be	637
annexed to the county engineer for a report upon the accuracy of	638
the legal description of the perimeter, map, or plat. Upon	639
receiving these items, the county engineer shall file, at least	640
twenty-five days before the hearing, a written report with the	641
board based on the engineer's findings, which shall not be	642
conclusive upon the board. Failure of the engineer to make the	643
report shall not affect the jurisdiction or duty of the board to	644
proceed.	645

(B) The petition may be amended without further notice by	646
leave of the board of county commissioners and with the consent of	647
the agent for the petitioners if the amendment does not add to the	648
territory embraced in the original petition and is made at least	649
fifteen days before the date of the hearing. The board may	650
rerefer the legal description of the perimeter, map, or plat to	651
the county engineer if revisions are made in them, for a report on	652
their accuracy. Upon receiving these items, the county engineer	653
shall file, on or before the date of the hearing, a written report	654
with the board based on the engineer's findings, which shall not	655
be conclusive upon the board. Failure of the engineer to make the	656
report shall not affect the jurisdiction or duty of the board to	657
proceed.	658

(C) The board of township trustees of any township	659
containing any territory proposed for annexation and any owners of	660
real estate in the territory proposed for annexation may request	661
that reasonable proof be presented of the authority of a person	662
signing the petition on behalf of any person other than a natural	663
being, the state, or a political subdivision of the state. The	664
request shall be in writing and be filed with the board of county	665
commissioners and with the agent for the petitioners at least	666
fifteen days prior to the hearing on the petition. When such a	667
request is filed, the agent for the petitioners shall present to	668
the board of county commissioners at the hearing held under	669
section 709.032 of the Revised Code sufficient evidence by	670
affidavit or testimony to establish that the owner is a person	671
other than a natural being, the state, or a political subdivision	672
of the state and that the owner authorized the person whose	673
signature is on the petition to sign the petition on its behalf.	674
If the board does not find the evidence sufficient to establish	675
this authority, it shall remove the signature from the petition.	676

Sec. 709.032. (A) As used in this section, "necessary party"	677
means the municipal corporation to which annexation is proposed,	678
each township any portion of which is included within the	679
territory proposed for annexation, and the agent for the	680
petitioners.	681

(B) The hearing provided for in section 709.031 709.03 of	682
the Revised Code shall be public. Any The board of county	683
commissioners may, or at the request of any necessary party shall,	684
issue subpoenas for witnesses or for books, papers,	685
correspondence, memoranda, agreements, or other documents or	686
records relevant or material to the petition, directed to the	687
sheriff of each county where the witnesses or documents or records	688
are found, which subpoenas shall be served and returned in the	689
same manner as those allowed by the court of common pleas in	690
criminal cases. The fees and mileage of sheriffs and witnesses	691
shall be the same as those allowed by the court of common pleas in	692
criminal cases. The fee and mileage expenses incurred at the	693
request of a party shall be paid in advance by the party, and the	694
remainder of the expenses shall be paid out of fees charged by the	695
board for the annexation proceedings. In case of disobedience or	696
neglect of any subpoena served on any person, or the refusal of	697
any witness to testify to any matter regarding which the witness	698
may be lawfully interrogated, the court of common pleas of the	699
county in which the disobedience, neglect, or refusal occurs, or	700
any judge of that court, on application of the board, any member	701
of the board, or a necessary party, may compel obedience by	702
attachment proceedings for contempt as in the case of disobedience	703
of the requirements of a subpoena issued from the court or a	704
refusal to testify in the court. An owner of a company, firm,	705
partnership, association, or corporation that is subpeoned may	706
have an agent or attorney appear before the board on that owner's	707
behalf in response to the subpoena.	708

The board of county commissioners shall make, by electronic	709
means or some other suitable method, a record of the hearing. If	710
a request, accompanied by a deposit to pay the costs, is filed	711
with the board not later than seven days before the hearing, the	712
board shall provide an official court reporter to record the	713
hearing. The record of the hearing need not be transcribed unless	714
a request, accompanied by an amount to cover the cost of	715
transcribing the record, is filed with the board.	716

(C) Any person may appear, in person or by attorney, and,	717
after being sworn, may support or contest the granting of the	718
prayer of the petition provided for by section 709.02 of the	719
Revised Code. Affidavits presented in support of or against the	720
prayer of such petition shall be considered by the board, but only	721
if the affidavits are filed with the board and served as provided	722
in the Rules of Civil Procedure upon the necessary parties to the	723
annexation proceedings at least fifteen days before the date of	724
the hearing; provided that the board shall accept an affidavit	725
after the fifteen-day period if the purpose of the affidavit is	726
only to establish the affiant's authority to sign the petition on	727
behalf of the entity for which the affiant signed. Necessary	728
parties or their representatives are entitled to present evidence,	729
examine and cross-examine witnesses, and comment on all evidence,	730
including any affidavits presented to the board under this	731
division.	732

(D) At the hearing, any owner who signed the petition for	733
annexation may appear, and, after being sworn as provided by	734
section 305.21 of the Revised Code, testify orally that his the	735
owner's signature was obtained by fraud, duress,	736
misrepresentation, including any misrepresentation relating to the	737
provision of municipal services to the territory proposed to be	738
annexed, or undue influence. Any person may testify orally after	739
being so sworn in support of or rebuttal to such the prior	740
testimony by the owner. The commissioners, the agent for the	741
petitioners or his attorney, and such owner or his attorney may	742
examine such witnesses, including the owner Any witnesses and	743
owners who testify shall be subject to cross-examination by the	744
necessary parties to the annexation proceedings. If a majority of	745
the county commissioners find that such the owner's signature was	746
obtained under circumstances that did constitute fraud, duress,	747
misrepresentation, or undue influence, they shall find the	748
signature to be void, and shall order it removed from the petition	749
as of the time the petition was filed.	750

The petition may be amended without further notice by leave	751
of the county commissioners with the consent of the agent for the	752
petitioners where such amendment does not add to the territory	753
embraced in the original petition. If any amendment is permitted,	754
whereby territory not before embraced is added, the board shall	755
appoint another time for the hearing, of which notice shall be	756
given as specified in section 709.031 of the Revised Code.	757

Sec. 709.033.  (A) After the hearing on a petition to annex	758
for annexation, the board of county commissioners shall enter an	759
order upon its journal allowing a resolution granting the	760
annexation if it finds, based upon a preponderance of the	761
substantial, reliable, and probative evidence on the whole record,	762
that each of the following conditions has been met:	763

(A)(1) The petition contains all matter required in meets	764
all the requirements set forth in, and was filed in the manner	765
provided in, section 709.02 of the Revised Code.	766

(B) Notice has been published as required by section 709.031	767
of the Revised Code.	768

(C)(2) The persons whose names are subscribed to who signed	769
the petition are owners of real estate located in the territory	770
proposed to be annexed in the petition, and, as of the time the	771
petition was filed with the board of county commissioners, the	772
number of valid signatures on the petition constituted a majority	773
of the owners of real estate in the that territory proposed to be	774
annexed.	775

(D)(3) The municipal corporation to which the territory is	776
proposed to be annexed has complied with division (B)(D) of	777
section 709.031 709.03 of the Revised Code.	778

(E)(4) The territory included in the annexation petition	779
proposed to be annexed is not unreasonably large; the map or plat	780
is accurate; and.	781

(5) On balance, the general good of the territory sought	782
proposed to be annexed will be served, and the benefits to the	783
territory proposed to be annexed and the surrounding area will	784
outweigh the detriments to the territory proposed to be annexed	785
and the surrounding area, if the annexation petition is granted.	786
As used in division (A)(5) of this section, "surrounding area"	787
means the territory within the unincorporated area of any township	788
located one-half mile or less from any of the territory proposed	789
to be annexed.	790

(6) No street or highway will be divided or segmented by the	791
boundary line between a township and the municipal corporation as	792
to create a road maintenance problem, or, if a street or highway	793
will be so divided or segmented, the municipal corporation has	794
agreed, as a condition of the annexation, that it will assume the	795
maintenance of that street or highway. For the purposes of this	796
division, "street" or "highway" has the same meaning as in section	797
4511.01 of the Revised Code.	798

(B) The board of county commissioners shall grant enter upon	799
its journal a resolution granting or deny denying the petition for	800
annexation within ninety thirty days after the hearing set	801
pursuant to provided for in section 709.031 709.032 of the Revised	802
Code. The resolution shall include specific findings of fact as to	803
whether each of the conditions listed in divisions (A)(1) to (6)	804
of this section has been met. Upon journalization of the	805
resolution, the clerk of the board shall send a certified copy of	806
it to the agent for the petitioners, the clerk of the legislative	807
authority of the municipal corporation to which annexation is	808
proposed, the clerk of each township in which the territory	809
proposed for annexation is located, and the clerk of the board of	810
county commissioners of each county in which the territory	811
proposed for annexation is located other than the county in which	812
the petition is filed. The clerk of the board shall take no	813
further action until the expiration of thirty days after the date	814
of journalization.	815

(C) After the expiration of that thirty-day period, if no	816
appeal has been timely filed under section 709.07 of the Revised	817
Code, the clerk of the board of county commissioners shall take	818
one of the following actions:	819

(1) If the board of county commissioners grants granted the	820
petition for annexation it, the clerk shall enter on its journal	821
all the orders of the board relating to the annexation and deliver	822
a certified transcript of copy of the entire record of the	823
annexation proceedings, including all orders resolutions of the	824
board, signed by a majority of the members of the board, the	825
petition, map, and all other papers on file, the recording of the	826
proceedings, if a copy is available, and exhibits presented at the	827
hearing relating to the annexation proceedings, to the auditor or	828
clerk of the municipal corporation to which annexation is	829
proposed.	830

(2) If the board of county commissioners denies denied the	831
petition for annexation, it the clerk shall send a certified copy	832
of its order resolution denying the annexation to the agent for	833
the petitioners and to the clerk of the municipal corporation to	834
which the annexation was proposed. If, on any appeal of any such	835
annexation denial, a court holds that the board's denial was	836
contrary to law, and if the court orders the clerk of the board of	837
county commissioners to enter on the journal of the board an order	838
approving the annexation, then the clerk shall enter the order.	839

(D) If an appeal is filed in a timely manner under section	840
709.07 of the Revised Code from the determination of the board of	841
county commissioners granting or denying the petition for	842
annexation, the clerk of the board shall take further action only	843
in accordance with that section.	844

Sec. 709.04.  At the next regular session of the legislative	845
authority of the municipal corporation to which annexation is	846
proposed, after the expiration of sixty days from the date of	847
filing with him as the delivery required by division (C) of	848
section 709.022 or division (C)(1) of section 709.033 of the	849
Revised Code, the auditor or clerk of such that municipal	850
corporation shall lay the transcript resolution of the board	851
granting the petition and the accompanying map or plat and	852
petition required by such section before the legislative	853
authority. Thereupon the The legislative authority, by resolution	854
or ordinance, then shall accept or reject the application petition	855
for annexation. If the legislative authority fails to pass an	856
ordinance or resolution accepting the application petition for	857
annexation within a period of one hundred twenty days after the	858
transcript is those documents are laid before it by the auditor or	859
clerk, the application petition for annexation shall be deemed	860
considered rejected by the legislative authority, unless it has	861
been prevented from acting by a temporary restraining order, a	862
temporary injunction, or some other order of a court.	863

Sec. 709.07. (A) The agent for the petitioners, any owner of	864
real estate in the territory proposed for annexation, any township	865
in which territory proposed for annexation is located, and the	866
municipal corporation to which the territory is proposed to be	867
annexed may file an appeal under Chapter 2506. of the Revised Code	868
from a resolution of the board of county commissioners granting or	869
denying the petition. The agent for the petitioners, any township	870
in which the territory proposed for annexation is located, and any	871
municipal corporation to which the territory is proposed to be	872
annexed are necessary parties in an appeal. The filing of a	873
notice of appeal with the clerk of the board of county	874
commissioners shall operate as a stay of execution upon that clerk	875
and all parties to the appeal, which stay shall not be lifted	876
until the court having jurisdiction over the proceedings enters a	877
final order affirming or reversing the decision of the board of	878
county commissioners and the time limits for an appeal of that	879
final order have passed without a notice of appeal being filed.	880

(B) Any party filing an appeal from the court of common	881
pleas or court of appeals decision in an annexation matter shall	882
serve on the clerk of the board of county commissioners a	883
time-stamped copy of the notice of appeal. Upon issuance of a	884
final order of any court regarding an annexation appeal, the clerk	885
of the court shall forward a certified copy of the court's order	886
to the clerk of the board of county commissioners that rendered	887
the annexation decision that was appealed.	888

(C) If, after all appeals have been exhausted, the final	889
determination of the court is that the petition for annexation	890
should be granted, the board of county commissioners shall enter	891
on its journal a resolution granting the annexation, if such a	892
resolution has not already been journalized, and the clerk of the	893
board shall deliver a certified copy of that journal entry and of	894
the entire record of the annexation proceedings, including all	895
resolutions of the board, signed by a majority of the members of	896
the board, the petition, map, and all other papers on file, the	897
transcript of the proceedings, and exhibits presented at the	898
hearing relating to the annexation proceedings, to the auditor or	899
clerk of the municipal corporation to which annexation is	900
proposed. The municipal auditor or clerk shall lay these	901
certified papers, along with the copy of the court's order, before	902
the legislative authority at its next regular meeting. The	903
legislative authority then shall proceed to accept or reject the	904
petition for annexation as provided under section 709.04 of the	905
Revised Code.	906

(D) If, after all appeals have been exhausted, the final	907
determination of the court is that the petition for annexation	908
should be denied, the board of county commissioners shall enter on	909
its journal a resolution denying the annexation, if such a	910
resolution has not already been journalized.	911

Sec. 709.11. If the territory proposed for annexation under	912
this chapter is situated in more than one county, the annexation	913
proceedings shall be in the county in which the majority of	914
acreage of the territory proposed for annexation is situated.	915

Sec. 709.13.  The inhabitants, generally, of a municipal	916
corporation may enlarge the limits of such the municipal	917
corporation by the annexation of contiguous territory in the	918
manner provided by sections 709.14 to 709.21, inclusive, 709.16 of	919
the Revised Code.	920

Sec. 709.14.  The legislative authority of a municipal	921
corporation which that proposes to annex contiguous territory	922
shall pass, by a vote of not less than a majority of the members	923
elected thereto to the legislative authority, pass an ordinance	924
authorizing the annexation to be made, and directing the village	925
solicitor or city director of law of the municipal corporation, or	926
some one someone to be named in the ordinance, to prosecute the	927
proceedings necessary to effect it.	928

Sec. 709.15.  The application of a municipal corporation to	929
the board of county commissioners requesting the annexation of	930
contiguous territory under section 709.16 of the Revised Code	931
shall be by a petition, setting forth that, under an ordinance of	932
the legislative authority of the municipal corporation, the	933
territory described in the petition was authorized to be annexed	934
to the municipal corporation. The petition shall contain an	935
accurate legal description of the territory perimeter and shall be	936
accompanied by an accurate map or plat thereof of the territory	937
proposed for annexation.	938

Sec. 709.16. (A) A municipal corporation may petition the	939
board of county commissioners to annex contiguous territory owned	940
only by the municipal corporation, a county, or the state. The	941
clerk of the board shall cause the petition to be entered upon the	942
board's journal at its next regular session. This entry shall be	943
the first official act of the board upon the petition. Proceedings	944
on the petition shall be conducted under this section to the	945
exclusion of any other provisions of this chapter except for	946
sections 709.014, 709.14, 709.15, 709.20, and 709.21 of the	947
Revised Code.	948

(B) If the only territory to be annexed is contiguous	949
territory owned by a municipal corporation, the board of county	950
commissioners, by resolution, shall grant the annexation. The	951
annexation shall be complete upon the entry upon the journal of	952
the board of the resolution granting the annexation.	953

(C) If the only territory to be annexed is contiguous	954
territory owned by a county, the board of county commissioners, by	955
resolution, may grant or deny the annexation. The annexation	956
shall be complete upon the entry upon the journal of the board of	957
a resolution granting the annexation.	958

(D) If the only territory to be annexed is contiguous	959
territory owned by the state and the director of administrative	960
services has filed a written consent to the granting of the	961
annexation with the board of county commissioners, the board, by	962
resolution, shall grant the annexation. The annexation shall be	963
complete upon the entry upon the journal of the board of a	964
resolution granting the annexation.	965

(E) The board of county commissioners shall act upon a	966
petition for annexation filed under this section within thirty	967
days after receipt of the petition.	968

(F) No appeal in law or in equity shall be allowed from the	969
granting of an annexation under this section.	970

(G) When a municipal corporation purchases real property	971
below an appraised fair market value and sells or agrees to sell	972
the property back to the person that sold it to the municipal	973
corporation, an annexation of that property completed under this	974
section shall be void, and the annexed property shall become part	975
of the township from which it was annexed, if it still exists. If	976
the township no longer exists, the board of county commissioners	977
shall attach the annexed territory to another township.	978

(H) Territory annexed under this section shall not be	979
excluded from the township under section 503.07 of the Revised	980
Code.	981

Sec. 709.19.  (A) As used in this section:

982

(1) "Annexation period" means a period of one, two, or three	983
consecutive twelve-month periods, whichever is less, during which	984
one or more municipal corporations annex territory of a township	985
that includes at least fifteen per cent but less than one hundred	986
per cent of the total taxable value of the real, public utility,	987
and tangible personal property subject to taxation in that	988
township in the base year. No annexation period shall include a	989
month that is part of another annexation period.	990

(2) "Base year" means the calendar year immediately	991
preceding an annexation period.	992

(3) "Taxes" means the real and public utility property taxes	993
charged by a township in the base year or, in an annexation under	994
division (F) of this section, the real, public utility, and	995
tangible personal property taxes that would have been charged by	996
the township, if no annexation had occurred, in the year	997
immediately preceding the year in which the payment is made, and	998
payable after the reduction required by section 319.301 of the	999
Revised Code but prior to the reduction required by section	1000
319.302 of the Revised Code, and the taxes levied for such year by	1001
the township against tangible personal property. "Taxes" excludes	1002
taxes for the payment of debt charges.	1003

(4) "Township taxes in the annexed territory" means the	1004
taxes against the real, public utility, and tangible personal	1005
property subject to taxation in the base year in territory annexed	1006
from the township to a municipal corporation during an annexation	1007
period or, in an annexation under division (F) of this section,	1008
the taxes against the real, public utility, and tangible personal	1009
property that would have been subject to taxation in the annexed	1010
territory in the year immediately preceding the year in which the	1011
payment is to be made, if no annexation had occurred.	1012

(5) "International airport" means any airport that is:

1013

(a) Designated as an international airport or a landing	1014
rights airport by the United States secretary of the treasury;	1015

(b) Owned and operated by a municipal corporation;

1016

(c) An unincorporated area not contiguous to the municipal	1017
corporation that owns it.	1018

(2) "Commercial," "industrial," "residential," and "retail,"	1019
in relation to property, mean property classified as such by the	1020
tax commissioner for the purposes of valuing property for	1021
taxation, except that "commercial," in relation to property, does	1022
not include any property classified as "retail."	1023

(B) If the annexation of territory of any township by one or	1024
more municipal corporations under this chapter constitutes an	1025
annexation period of twelve consecutive months, except as provided	1026
in division (G) of this section, each municipal corporation that	1027
annexed territory of that township during that annexation period	1028
shall pay the township during each of the seven years following	1029
the annexation period:	1030

(1) In each of the first three years, one hundred per cent	1031
of the township taxes in the annexed territory;	1032

(2) In the fourth year, eighty per cent of the township	1033
taxes in the annexed territory;	1034

(3) In the fifth year, sixty per cent of the township taxes	1035
in the annexed territory;	1036

(4) In the sixth year, forty per cent of the township taxes	1037
in the annexed territory;	1038

(5) In the seventh year, twenty per cent of the township	1039
taxes in the annexed territory.	1040

(C) If the annexation of territory of any township by one or	1041
more municipal corporations under this chapter constitutes an	1042
annexation period of thirteen to twenty-four consecutive months,	1043
except as provided in division (G) of this section, each municipal	1044
corporation that annexed territory of that township during that	1045
annexation period shall pay the township during each of the six	1046
years following the annexation period:	1047

(1) In each of the first two years, one hundred per cent of	1048
the township taxes in the annexed territory;	1049

(2) In the third year, eighty per cent of the township taxes	1050
in the annexed territory;	1051

(3) In the fourth year, sixty per cent of the township taxes	1052
in the annexed territory;	1053

(4) In the fifty year, forty per cent of the township taxes	1054
in the annexed territory;	1055

(5) In the sixth year, twenty per cent of the township taxes	1056
in the annexed territory.	1057

(D) If the annexation of territory of any township by one or	1058
more municipal corporations under this chapter constitutes an	1059
annexation period of twenty-five to thirty-six consecutive months,	1060
except as provided in division (G) of this section, each municipal	1061
corporation that annexed territory of that township during that	1062
annexation period shall pay the township during each of the five	1063
years following the annexation period:	1064

(1) In the first year, one hundred per cent of the township	1065
taxes in the annexed territory;	1066

(2) In the second year, eighty per cent of the township	1067
taxes in the annexed territory;	1068

(3) In the third year, sixty per cent of the township taxes	1069
in the annexed territory;	1070

(4) In the fourth year, forty per cent of the township taxes	1071
in the annexed territory;	1072

(5) In the fifth year, twenty per cent of the township taxes	1073
in the annexed territory unincorporated territory is annexed to a	1074
municipal corporation and excluded from a township under section	1075
503.07 of the Revised Code, upon exclusion of that territory, the	1076
municipal corporation that annexed the territory shall make	1077
payments to the township from which the territory was annexed only	1078
as provided in this section, except that, if the legislative	1079
authority of the municipal corporation enters into an agreement	1080
under section 701.07, 709.191, or 709.192 of the Revised Code with	1081
the township from which the territory was annexed that makes	1082
alternate provisions regarding payments by the municipal	1083
corporation, then the payment provisions in that agreement shall	1084
apply in lieu of the provisions of this section.	1085

(C)(1) Except as provided in division (C)(2) of this	1086
section, the municipal corporation that annexed the territory	1087
shall make the following payments to the township from which the	1088
territory was annexed with respect to commercial and industrial	1089
real, personal, and public utility property taxes using the	1090
property valuation for the year that the payment is due:	1091

(a) In the first through third years following the	1092
annexation and exclusion of the territory from the township,	1093
eighty per cent of the township taxes in the annexed territory	1094
that would have been due the township for commercial and	1095
industrial real, personal, and public utility property taxes if no	1096
annexation had occurred;	1097

(b) In the fourth and fifth years following the annexation	1098
and the exclusion of the territory from the township, sixty-seven	1099
and one-half per cent of the township taxes in the annexed	1100
territory that would have been due the township for commercial and	1101
industrial real, personal, and public utility property taxes if no	1102
annexation had occurred;	1103

(c) In the sixth and seventh years following the annexation	1104
and exclusion of the territory from the township, sixty-two and	1105
one-half per cent of the township taxes in the annexed territory	1106
that would have been due the township for commercial and	1107
industrial real, personal, and public utility property taxes if no	1108
annexation had occurred;	1109

(d) In the eighth and ninth years following the annexation	1110
and exclusion of the territory from the township, fifty-seven and	1111
one-half per cent of the township taxes in the annexed territory	1112
that would have been due the township for commercial and	1113
industrial real, personal, and public utility property taxes if no	1114
annexation had occurred;	1115

(e) In the tenth through twelfth years following the	1116
annexation and exclusion of the territory from the township,	1117
forty-two and one-half per cent of the township taxes in the	1118
annexed territory that would have been due the township for	1119
commercial and industrial real, personal, and public utility	1120
property taxes if no annexation had occurred.	1121

(2) If there has been an exemption by the municipal	1122
corporation of commercial and industrial real, personal, or public	1123
utility property taxes pursuant to section 725.02, 1728.10,	1124
3735.67, 5709.40, 5709.41, 5709.62, or 5709.88 of the Revised	1125
Code, there shall be no reduction in the payments owed to the	1126
township due to that exemption. The municipal corporation shall	1127
make payments to the township under division (C)(1) of this	1128
section, calculated as if the exemption had not occurred.	1129

(D) The municipal corporation that annexed the territory	1130
shall make the following payments to the township from which the	1131
territory was annexed with respect to residential and retail real	1132
property taxes using the property valuation for the year that the	1133
payment is due:	1134

(1) In the first through third years following the	1135
annexation and exclusion of the territory from the township,	1136
eighty per cent of the township taxes in the annexed territory	1137
that would have been due the township for residential and retail	1138
real property taxes if no annexation had occurred;	1139

(2) In the fourth and fifth years following the annexation	1140
and exclusion of the territory from the township, fifty-two and	1141
one-half per cent of the township taxes in the annexed territory	1142
that would have been due the township for residential and retail	1143
real property taxes if no annexation had occurred;	1144

(3) In the sixth through tenth years following the	1145
annexation and exclusion of the territory from the township, forty	1146
per cent of the township taxes in the annexed territory that would	1147
have been due the township for residential and retail real	1148
property taxes if no annexation had occurred;	1149

(4) In the eleventh and twelfth years following the	1150
annexation and exclusion of the territory from the township,	1151
twenty-seven and one-half per cent of the township taxes in the	1152
annexed territory that would have been due the township for	1153
residential and retail real property taxes if no annexation had	1154
occurred.	1155

(E) If, pursuant to division (F) of this section, a	1156
municipal corporation annexes an international airport that it	1157
owns, the municipal corporation shall pay the township one hundred	1158
per cent of the township taxes in the annexed territory that would	1159
have been due the township, if no annexation had occurred, for	1160
each of the twenty-five years following the annexation.	1161

(F)(1) Notwithstanding any other provision of this chapter,	1162
a board of county commissioners may authorize a municipal	1163
corporation to annex an international airport that the municipal	1164
corporation owns. Unless a contract is entered into pursuant to	1165
division (F)(2) of this section, any municipal corporation that	1166
annexes an international airport under this division shall make	1167
payments to the township from which the international airport is	1168
annexed, in the manner provided in division (E) of this section.	1169
No territory annexed pursuant to this division shall be considered	1170
part of the municipal corporation for the purposes of subsequent	1171
annexation, except that the board of county commissioners may	1172
authorize subsequent annexation under this division if the board	1173
determines that such subsequent annexation is necessary to the	1174
continued operation of the international airport.	1175

(2) The chief executive of a municipal corporation that	1176
annexes territory pursuant to this division may enter into a	1177
contract with the board of township trustees of the township that	1178
loses the territory whereby the township agrees to provide the	1179
annexed territory with police, fire, or other services it is	1180
authorized to provide in exchange for specified consideration as	1181
agreed upon by the board of township trustees and the chief	1182
executive. In no instance shall the consideration received by the	1183
township be less than the payments that would be required under	1184
division (F)(1) of this section if no contract were entered into.	1185

(G) If after an annexation period for which payments are	1186
being made or are to be made to a township by one or more	1187
municipal corporations under division (B), (C), or (D) of this	1188
section, the remainder of the unincorporated territory of the	1189
township is annexed to another municipal corporation or	1190
incorporates as a municipal corporation, the balance of the	1191
payments due the township under division (B), (C), or (D) of this	1192
section shall be made to the municipal corporation to which the	1193
remainder of the township territory was annexed or to the	1194
municipal corporation incorporated from the remainder of the	1195
township territory.	1196

No payment shall be made to a municipal corporation pursuant	1197
to this division unless the remainder of the unincorporated	1198
territory of the township referred to in this division constitutes	1199
at least fifty per cent of the area of the unincorporated area of	1200
the township prior to the annexation period.	1201

(H) After consultation with the chief executive officer of	1202
the municipal corporation and the board of township trustees, the	1203
county auditor shall determine by which of the following methods	1204
the municipal corporations that annexed township territory shall	1205
pay the township the amounts prescribed in divisions (B) to (F) of	1206
this section, except that if the payments are made pursuant to	1207
division (G) of this section, they shall be made by the first	1208
method listed below:	1209

(1) The county auditor shall issue a warrant semiannually	1210
against the taxes charged and payable against real and public	1211
utility property located in the municipal corporation and the	1212
taxes levied against tangible personal property located in the	1213
municipal corporation, and the county treasurer shall distribute	1214
such amount to the township or, pursuant to division (G) of this	1215
section, to the municipal corporation to which the remainder of	1216
the township territory was annexed or to the municipal corporation	1217
incorporated from the remainder of the township territory; or	1218

(2) The county budget commission shall pay such amounts to	1219
the township from the amount apportioned to the municipal	1220
corporations from the undivided local government fund. The	1221
payment shall be over and above the amount apportioned to the	1222
township pursuant to section 5747.51 or 5747.53 of the Revised	1223
Code, and the apportionment of the municipal corporations shall be	1224
reduced by like amounts.	1225

(I) Upon written notification to the county auditor and the	1226
chief executive officer of each municipal corporation that annexes	1227
township territory during an annexation period, a board of	1228
township trustees may decline to accept the payments required	1229
under divisions (B), (C), (D), and (F) of this section, and a	1230
municipal corporation may decline to accept the payments required	1231
under division (G) of this section.	1232

A municipal corporation need not make any payment required by	1233
this section if its legislative authority enters into an agreement	1234
under section 709.191 of the Revised Code.	1235

Sec. 709.192. (A) The legislative authority of one municipal	1236
corporation, by ordinance or resolution, and the board of township	1237
trustees of one or more townships, by resolution, may enter into	1238
annexation agreements under this section.	1239

(B) An annexation agreement may be entered into for any	1240
period of time and may be amended at any time in the same manner	1241
as it was initially authorized.	1242

(C) Annexation agreements may provide for any of the	1243
following:	1244

(1) The territory to be annexed;

1245

(2) Any periods of time during which no annexations will be	1246
made and any areas that will not be annexed;	1247

(3) Land use planning matters;

1248

(4) The provision of joint services and permanent	1249
improvements within incorporated or unincorporated areas;	1250

(5) The provision of services and improvements by a	1251
municipal corporation in the unincorporated areas;	1252

(6) The provision of services and improvements by a township	1253
within the territory of a municipal corporation;	1254

(7) The payment of service fees to a municipal corporation	1255
by a township;	1256

(8) The payment of service fees to a township by a municipal	1257
corporation;	1258

(9) The reallocation of the minimum mandated levies	1259
established pursuant to section 5705.31 of the Revised Code	1260
between a municipal corporation and a township in areas annexed	1261
after the effective date of this section;	1262

(10) The issuance of notes and bonds and other debt	1263
obligations by a municipal corporation or township for public	1264
purposes authorized by or under an annexation agreement and	1265
provision for the allocation of the payment of the principal of,	1266
interest on, and other charges and costs of issuing and servicing	1267
the repayment of the debt;	1268

(11) Agreements by a municipal corporation and township,	1269
with owners or developers of land to be annexed, or with both	1270
those landowners and land developers, concerning the provision of	1271
public services, facilities, and permanent improvements;	1272

(12) The application of tax abatement statutes within the	1273
territory covered by the annexation agreement subsequent to its	1274
execution;	1275

(13) Changing township boundaries under Chapter 503. of the	1276
Revised Code to exclude newly annexed territory from the original	1277
township and providing services to that territory;	1278

(14) Payments in lieu of taxes, if any, to be paid to a	1279
township by a municipal corporation, which payments may be in	1280
addition to or in lieu of other payments required by law to be	1281
made to the township by that municipal corporation;	1282

(15) Any other matter pertaining to the annexation or	1283
development of publicly or privately owned territory.	1284

(D) Annexation agreements shall not be in derogation of the	1285
powers granted to municipal corporations by Article XVIII, Ohio	1286
Constitution, by any other provisions of the Ohio Constitution, or	1287
by the provisions of a municipal charter, nor shall municipal	1288
corporations and townships agree to share proceeds of any tax	1289
levy, although those proceeds may be used to make payments	1290
authorized in an annexation agreement.	1291

(E) If any party to an annexation agreement believes another	1292
party has failed to perform its part of any provision of that	1293
agreement, including the failure to make any payment of moneys due	1294
under the agreement, that party shall give notice to the other	1295
party clearly stating what breach has occurred. The party	1296
receiving the notice has ninety days from the receipt of that	1297
notice to cure the breach. If the breach has not been cured	1298
within that ninety-day period, the party that sent the notice may	1299
sue for recovery of the money due under the agreement, sue for	1300
specific enforcement of the agreement, or terminate the agreement	1301
upon giving notice of termination to all the other parties.	1302

(F) In order to promote economic development or to provide	1303
appropriate state functions and services to any part of the state,	1304
the state may become a party to an annexation agreement upon the	1305
approval of the director of development and with the written	1306
consent of the legislative authority of the municipal corporation	1307
and each of the boards of township trustees that are parties to	1308
the agreement.	1309

(G) The board of county commissioners, by resolution, or any	1310
person, upon request, may become a party to an annexation	1311
agreement, but only upon the approval of the legislative authority	1312
of the municipal corporation and each of the boards of township	1313
trustees that are parties to the agreement, except that, if the	1314
state is a party to the agreement, the director of development is	1315
responsible for giving the approval.	1316

(H) The powers granted by this section and any annexation	1317
agreement entered into under this section shall be liberally	1318
construed to allow parties to these agreements to carry out the	1319
agreements' provisions relevant to government improvements,	1320
facilities, and services, and to promote and support economic	1321
development and the creation and preservation of economic	1322
opportunities.	1323

Sec. 709.21.  No error, irregularity, or defect in the	1324
proceedings under sections 709.01 to 709.20, inclusive, of the	1325
Revised Code, shall render them invalid, if once annexation has	1326
become final and the annexed territory has been recognized as a	1327
part of the annexing municipal corporation, and taxes levied upon	1328
it as such have been paid, and it has been subjected to the	1329
authority of the legislative authority of such the annexing	1330
municipal corporation, without objection from the inhabitants of	1331
such territory.	1332

Sec. 929.02.  (A) Any person who owns agricultural land may	1333
file an application with the county auditor to place the land in	1334
an agricultural district for five years if, during the three	1335
calendar years prior to the year in which that person files the	1336
application, the land has been devoted exclusively to agricultural	1337
production or devoted to and qualified for payments or other	1338
compensation under a land retirement or conservation program under	1339
an agreement with an agency of the federal government and if:	1340

(1) The land is composed of tracts, lots, or parcels that	1341
total not less than ten acres; or	1342

(2) The activities conducted on the land produced an average	1343
yearly gross income of at least twenty-five hundred dollars during	1344
that three-year period or the owner has evidence of an anticipated	1345
gross income of that amount from those activities. The owner	1346
shall submit with the application proof that the owner's land	1347
meets the requirements established under this division. If the	1348
county auditor determines that the application does not meet the	1349
requirements of this section, the county auditor shall deny the	1350
application and notify the applicant by certified mail, return	1351
receipt requested, within thirty days of the filing of the	1352
application. The applicant may appeal the denial of the	1353
application to the court of common pleas of the county in which	1354
the application was filed within thirty days of the receipt of the	1355
notice. If the county auditor determines that the application	1356
meets the requirements of this section, the county auditor shall	1357
approve the application and notify the applicant within thirty	1358
days of the filing of the application. An application that is not	1359
denied shall be deemed to be approved. The county auditor shall	1360
provide an applicant with a copy of an approved application within	1361
thirty days of the filing of the application. An application that	1362
is approved is effective upon the date of the filing of the	1363
application.	1364

The county auditor shall keep a record of all land in the	1365
county that is within an agricultural district, including a copy	1366
of the final action taken by a legislative body regarding	1367
applications modified by a legislative body pursuant to division	1368
(B) of this section.	1369

(B) If the land of a person who files an application under	1370
division (A) of this section is within a municipal corporation or	1371
if an annexation petition that includes the land has been filed	1372
with the board of county commissioners under section 709.03 709.02	1373
of the Revised Code at the time of the filing, the owner also	1374
shall file a copy of the application for inclusion in an	1375
agricultural district with the clerk of the legislative body of	1376
the municipal corporation. No later than thirty days after the	1377
filing of an application, or, in the case of an annexation	1378
petition filed pursuant to section 709.03 709.02 of the Revised	1379
Code, no later than thirty days after the petition has been	1380
granted, the legislative body shall conduct a public hearing on	1381
the application. The clerk of the legislative body shall cause a	1382
notice containing the substance of the application and the time	1383
and place where it will be heard to be published in a newspaper of	1384
general circulation in the county in which the application or	1385
annexation petition is filed no later than seven days prior to the	1386
time fixed for the hearing. The clerk of the legislative body	1387
also shall notify the applicant of the time and place of the	1388
hearing by certified mail sent no later than ten days prior to the	1389
hearing. Any interested person or representative of an interested	1390
person may appear in support of or to contest the granting of the	1391
application. Affidavits presented in support of or against the	1392
application shall be considered by the legislative body. Within	1393
thirty days of the hearing, the legislative body may approve the	1394
application, modify the application and approve the application	1395
as modified, or reject the application. An application that is	1396
not modified or rejected by a majority vote of the members of the	1397
legislative body shall be deemed to be approved. Prior to	1398
rejecting an application, the legislative body shall make every	1399
effort to modify the application. Modifications may include the	1400
length of time during which land is considered to be within an	1401
agricultural district, size of the agricultural district as well	1402
as, and any provisions of sections 929.03 to 929.05 of the Revised	1403
Code. If the applicant disapproves of the modifications made by	1404
the legislative body, the applicant may withdraw the application	1405
to place the land in an agricultural district. In rejecting or	1406
modifying an application to place land in an agricultural	1407
district, the legislative body shall demonstrate that the	1408
rejection or modification is necessary to prevent a substantial,	1409
adverse effect on the provision of municipal services within the	1410
municipal corporation, efficient use of land within the municipal	1411
corporation, the orderly growth and development of the municipal	1412
corporation, or the public health, safety, or welfare.	1413

If an annexation petition is denied under section 709.03	1414
709.033 of the Revised Code, or if a legislative body fails to	1415
conduct a hearing in the time prescribed by this section, or if an	1416
application is approved, the application shall be deemed to have	1417
been approved and shall become effective as of the date the	1418
application was filed. An application approved with modifications	1419
shall become effective as of the date the application was filed	1420
unless the modification provides otherwise.	1421

The clerk of the legislative body shall notify the applicant	1422
by certified mail, return receipt requested, sent within five days	1423
of the decision to approve, modify, or reject an application for	1424
inclusion of land in an agricultural district. The clerk of the	1425
legislative body shall also transmit a copy of the decision to	1426
approve, modify, or reject an application to the county auditor.	1427
An applicant may appeal a decision to modify or reject an	1428
application to the court of common pleas of the county in which	1429
the application was filed within thirty days of the receipt of the	1430
notice of modification or rejection.	1431

(C) At any time after the first Monday in January and prior	1432
to the first Monday in March of the year during which an	1433
agricultural district terminates, the owner of land in the	1434
agricultural district may file a renewal application to continue	1435
the inclusion of all or part of the owner's land in an	1436
agricultural district for a period of time ending on the first	1437
Monday in April of the fifth year following the renewal	1438
application. The requirements for continued inclusion in the	1439
agricultural district and the renewal application procedure shall	1440
be the same as those required for the original application for	1441
placing land in an agricultural district. The county auditor	1442
shall notify owners of land in agricultural districts eligible to	1443
file a renewal application for continued inclusion in an	1444
agricultural district on or prior to the first Monday in February	1445
or the date upon which the county auditor notifies owners of land	1446
valued at agricultural use value for real property tax purposes of	1447
the necessity of filing a renewal application to continue valuing	1448
the land at agricultural use value. On or before the second	1449
Tuesday after the first Monday in March, the county auditor shall	1450
determine whether the owner of any land in an agricultural	1451
district eligible to file a renewal application failed to file a	1452
renewal application with respect to such that land and shall	1453
forthwith notify each such owner of the land by certified mail	1454
that unless a renewal application is filed prior to the first	1455
Monday in April, the land will be removed from the agricultural	1456
district upon its termination date. An approved renewal	1457
application is effective on the termination date of the preceding	1458
agricultural district. Failure of an owner to file a renewal	1459
application prior to the first Monday in April of the year during	1460
which the owner's agricultural district terminates shall not	1461
prevent the owner from filing an application to include the	1462
owner's land in an agricultural district.	1463

Land that is transferred to a new owner during the period in	1464
which the land is an agricultural district shall continue in the	1465
agricultural district under the terms of the existing district	1466
unless the new owner elects to discontinue inclusion in the	1467
agricultural district and files the election with the county	1468
auditor within sixty days after the transfer. Failure of the new	1469
owner to continue inclusion in the agricultural district for the	1470
duration of the period in which the land is in the agricultural	1471
district is withdrawal from an agricultural district subject to	1472
penalty.	1473

(D) If, at any time during which land is in an agricultural	1474
district, the owner withdraws the land from the district, the	1475
owner shall notify the county auditor of the withdrawal and shall	1476
pay to the county auditor a withdrawal penalty calculated as	1477
follows:	1478

(1) If the owner's action also disqualifies the owner's	1479
land for any tax savings that it had been receiving under sections	1480
5713.30 to 5713.38 of the Revised Code, the owner shall pay a	1481
percentage of the amount charged under section 5713.34 of the	1482
Revised Code that is equal to the average bank prime rate at the	1483
time the amount charged under that section is required to be paid.	1484
The withdrawal penalty shall be in addition to the amount charged	1485
under that section.	1486

(2) If the land had not been receiving any tax savings under	1487
those sections, or if the owner's action does not disqualify the	1488
land for tax savings under them, the owner shall pay a percentage	1489
of the amount that would have been charged under section 5713.34	1490
of the Revised Code if the owner's land had been receiving tax	1491
savings and became disqualified for them in an amount that is	1492
equal to the average bank prime rate at the time the amount that	1493
would have been charged under that section would have been	1494
required to be paid.	1495

For the purposes of divisions (D)(1) and (2) of this section,	1496
the county auditor shall determine the average bank prime rate	1497
using statistical release H.15, "selected interest rates," a	1498
weekly publication of the federal reserve board, or any successor	1499
publication. If the statistical release H.15, or its successor,	1500
ceases to contain the bank prime rate information or ceases to be	1501
published, the county auditor shall request a written statement of	1502
the average bank prime rate from the federal reserve bank of	1503
Cleveland or the federal reserve board.	1504

The county auditor shall calculate the amount of the	1505
withdrawal penalty that is due and shall notify the owner of it.	1506
The auditor also shall note the withdrawal in the auditor's	1507
records.	1508

The county auditor shall distribute the moneys collected	1509
under division (D) of this section in the manner provided in	1510
section 5713.35 of the Revised Code for moneys that the county	1511
auditor collects under that section.	1512

(E) Land that is included in an agricultural district under	1513
this section and that is subsequently annexed by a municipal	1514
corporation shall not be subject to division (B) of this section	1515
either at the time of annexation or at the time of any subsequent	1516
application or renewal application for inclusion in the district	1517
if, at the time of annexation, its owner did not sign a petition	1518
favoring annexation under section 709.02 of the Revised Code or	1519
vote for annexation in an election held in accordance with section	1520
709.17 of the Revised Code. If its owner did sign a petition	1521
favoring annexation or vote for annexation, as provided in those	1522
sections that section, or if the owner who opposed annexation has	1523
sold or transferred the land to another person who is keeping the	1524
land in the agricultural district, the land shall be subject to	1525
division (B) of this section at the time of any subsequent	1526
application or renewal application for inclusion in the district.	1527

(F) The director of agriculture shall prescribe the	1528
application and renewal forms required under this section and	1529
shall furnish them to county auditors. In prescribing the forms,	1530
the director shall consult with the tax commissioner to determine	1531
if a single form can be developed for the purposes of this section	1532
and section 5713.31 of the Revised Code.	1533

Sec. 5705.31.  The county auditor shall present to the county	1534
budget commission the annual tax budgets submitted to him under	1535
sections 5705.01 to 5705.47 of the Revised Code, together with an	1536
estimate prepared by such the auditor of the amount of any state	1537
levy, the rate of any school tax levy as previously determined,	1538
the tax commissioner's estimate of the amount to be received in	1539
the county library and local government support fund, and such	1540
other information as the commission requests or the tax	1541
commissioner prescribes. The budget commission shall examine such	1542
budget and ascertain the total amount proposed to be raised in the	1543
county for the purposes of each subdivision and other taxing units	1544
therein in the county.	1545

The commission shall ascertain that the following levies have	1546
been properly authorized and, if so authorized, shall approve them	1547
without modification:	1548

(A) All levies in excess of the ten-mill limitation;

1549

(B) All levies for debt charges not provided for by levies	1550
in excess of the ten-mill limitation, including levies necessary	1551
to pay notes issued for emergency purposes;	1552

(C) The levies prescribed by division (B) of sections 742.33	1553
and 742.34 of the Revised Code;	1554

(D) A Except as otherwise provided in this division, a	1555
minimum levy within the ten-mill limitation for the current	1556
expense and debt service of each subdivision or taxing unit, which	1557
shall equal two-thirds of the average levy for current expenses	1558
and debt service allotted within the fifteen-mill limitation to	1559
such subdivision or taxing unit during the last five years the	1560
fifteen-mill limitation was in effect unless such subdivision or	1561
taxing unit requests an amount requiring a lower rate. Except as	1562
provided in section 5705.312 of the Revised Code, if the levies	1563
required in divisions (B) and (C) of this section for the	1564
subdivision or taxing unit equal or exceed the entire minimum levy	1565
of the subdivision as fixed, the minimum levies of the other	1566
subdivisions or taxing units shall be reduced by the commission to	1567
provide for the levies and an operating levy for the subdivision.	1568
Such additional levy shall be deducted from the minimum levies of	1569
each of the other subdivisions or taxing units, but the operating	1570
levy for a school district shall not be reduced below a figure	1571
equivalent to forty-five per cent of the millage available within	1572
the ten-mill limitation after all the levies in divisions (B) and	1573
(C) of this section have been provided for.	1574

If a municipal corporation and a township have entered into	1575
an annexation agreement under section 709.192 of the Revised Code	1576
in which they agree to reallocate their shares of the minimum	1577
levies established under this division and if that annexation	1578
agreement is submitted along with the annual tax budget of both	1579
the township and the municipal corporation, then, when determining	1580
the minimum levy under this division, the auditor shall allocate,	1581
to the extent possible, the minimum levy for that municipal	1582
corporation and township in accordance with their annexation	1583
agreement.	1584

(E) The levies prescribed by section 3709.29 of the Revised	1585
Code.	1586

Divisions (A) to (E) of this section are mandatory and	1587
commissions shall be without discretion to reduce such minimum	1588
levies except as provided in such divisions.	1589

If any debt charge is omitted from the budget, the commission	1590
shall include it therein.	1591

Sec. 5705.315. With respect to annexations granted on or	1592
after the effective date of this section and during any tax year	1593
or years within which any territory annexed to a municipal	1594
corporation is part of a township, the minimum levy for the	1595
municipal corporation and township under section 5705.31 of the	1596
Revised Code shall not be diminished, except that in the annexed	1597
territory and only during those tax year or years, and in order to	1598
preserve the minimum levies of overlapping subdivisions under	1599
section 5705.31 of the Revised Code so that the full amount of	1600
taxes within the ten-mill limitation may be levied to the extent	1601
possible, the minimum levy of the municipal corporation or	1602
township shall be the lowest of the following amounts:	1603

(A) An amount that when added to the minimum levies of the	1604
other overlapping subdivisions equals ten mills;	1605

(B) An amount equal to the minimum levy of the municipal	1606
corporation or township, provided the total minimum levy does not	1607
exceed ten mills.	1608

The municipal corporation and the township may enter into an	1609
agreement to determine the municipal corporation's and the	1610
township's minimum levy under this section. If it cannot be	1611
determined what minimum levy is available to each and no agreement	1612
has been entered into by the municipal corporation and township,	1613
the municipal corporation and township shall each receive one-half	1614
of the millage available for use within the portion of the	1615
territory annexed to the municipal corporation that remains part	1616
of the township.	1617

Section 2.  That existing sections 505.62, 709.02, 709.03,	1618
709.032, 709.033, 709.04, 709.13, 709.14, 709.15, 709.19, 709.21,	1619
929.02, and 5705.31 and sections 709.031, 709.07, 709.08, 709.09,	1620
709.11, 709.16, 709.17, and 709.18 of the Revised Code are hereby	1621
repealed.	1622

Section 3.  The provisions of Section 1 of this act shall	1623
apply only to annexation petitions filed on or after the effective	1624
date of this act. All annexation petitions filed before the	1625
effective date of this act shall be processed under the provisions	1626
of Chapter 709. of the Revised Code in effect at the time a	1627
particular petition was filed.	1628