130th Ohio General Assembly
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Sub. S. B. No. 5  As Reported by the House Local Government and Townships Committee
As Reported by the House Local Government and Townships Committee

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 5


SENATORS Wachtmann, Harris, Robert Gardner, Carnes, Blessing

REPRESENTATIVES Roman, Driehaus, Coates, Distel, Carano, Sferra, Schmidt, Flowers



A BILL
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 sections3
709.031, 709.07, 709.11, and 709.16 and sections4
709.013, 709.014, 709.015, 709.021, 709.022,5
709.023, 709.024, 709.192, and 5705.315; and to6
repeal sections 709.031, 709.07, 709.08, 709.09,7
709.11, 709.16, 709.17, and 709.18 of the Revised8
Code to revise the laws governing municipal9
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 Revised15
Code be enacted to read as follows:16

       Sec. 505.62.  A board of township trustees may enter into a17
contract with, and may appropriate township general revenue fund18
moneys for the services of, an attorney to represent the township19
at annexation hearings before the board of county commissioners20
and upon any appeal of the board's decision pursuant to section21
709.07 or Chapter 2506. of the Revised Code.22

       The board of township trustees of a township that includes23
territory that is proposed to be annexed has standing in any24
appeal of the board of county commissioners' decision on the25
annexation of township territory that is taken pursuant to section26
709.07 or Chapter 2506. of the Revised Code, if the board of27
township trustees was represented at the annexation hearing before28
the board of county commissioners, expert witnesses, and other29
consultants as the board determines are necessary for any30
potential or pending annexation action, including proceedings31
before a board of county commissioners or any court. The board32
also may appropriate general revenue fund moneys for any other33
expenses it considers necessary that are related to any potential34
or pending annexation actions.35

       Sec. 709.013.  (A) If, after a petition for annexation is36
filed with the board of county commissioners, one or more other37
petitions are filed containing all or a part of the territory38
contained in the first petition, the board shall hear and decide39
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 filed42
petition any territory contained in the petition that was granted. 43

       (C) If two or more petitions for annexation are filed44
seeking to annex part or all of the same territory and appeals are45
subsequently filed under section 709.07 of the Revised Code, each46
court shall decide the appeal on the first-filed petition before47
considering the appeal in any subsequently filed petition.48

       Sec. 709.014.  (A) The board of county commissioners may49
establish a reasonable fee or schedule of fees to cover its costs50
incurred in any annexation proceedings that take place under this51
chapter. The board also may require an initial deposit to be paid52
at the time a petition for annexation is filed under sections53
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 detailed55
accounting of all funds received and expended in the processing of56
a petition for annexation filed under sections 709.02 to 709.21 of57
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 the60
Revised Code, the board of county commissioners, by resolution,61
may appoint the clerk of the board or the county administrator to62
set the date, time, and place for hearings, and to provide63
associated notices to the agent for the petitioners, required64
under those divisions instead of the board.65

       Sec. 709.015. The procedural requirements set forth in66
sections 709.02 to 709.21 of the Revised Code are directory in67
nature. Substantial compliance with the procedural requirements68
of those sections is sufficient to grant the board of county69
commissioners jurisdiction to hear and render its decision on a70
petition for annexation filed under those sections. The board71
shall cure a procedural defect and shall not deny a petition for72
annexation solely upon the basis of procedural defects.73

       Sec. 709.02.  (A) The owners of real estate adjacent74
contiguous to a municipal corporation may, at their option, cause75
such territory to be annexed thereto, petition for annexation to a76
municipal corporation in the manner provided by sections 709.0377
709.02 to 709.11 of the Revised Code. Application78

       (B) Application for such annexation shall be made by a79
petition, addressed to filed with the clerk of the board of county80
commissioners of the county in which the territory is located, and81
signed by a majority of the owners of real estate in such82
territory. Such83

       (C) The petition required by this section shall contain the84
following:85

       (A) A full (1) The signatures of a majority of the owners of86
real estate in the territory proposed for annexation. The person87
who signs or the circulator of the petition also shall write the88
date the signature was made next to the owner's name. No signature89
obtained more than one hundred eighty days before the date on90
which the petition is filed shall be counted in determining the91
number of signers of the petition. Any owner who signed the92
petition may have the signature removed before the document is93
filed by delivering a signed statement to the agent for the94
petitioners expressing the owner's wish to have the signature95
removed. Upon receiving a signed statement, the agent for the96
petitioners shall strike through the signature, causing the97
signature to be deleted from the petition.98

       (2) An accurate legal description of the perimeter and an99
accurate map or plat of the territory sought to be annexed100
proposed for annexation;101

       (B) A statement of the number of owners of real estate in102
the territory sought to be annexed;103

       (C)(3) The name of a person or persons to act as agent for104
the petitioners. The agent for the petitioners may be an official,105
employee, or agent of the municipal corporation to which106
annexation is proposed.107

       (D) At the time of filing the petition for annexation, the108
agent for the petitioners also shall file with the clerk of the109
board a list of all tracts, lots, or parcels in the territory110
proposed for annexation, and all tracts, lots, or parcels located111
adjacent to that territory or directly across the road from it112
when the road is adjacent to it, including the name and mailing113
address of the owner of each tract, lot, or parcel, and the114
permanent parcel number from the county auditor's permanent parcel115
numbering system established under section 319.28 of the Revised116
Code for each tract, lot, or parcel. This list shall not be117
considered to be a part of the petition for annexation, and any118
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, and120
709.39 of the Revised Code, "owner" or "owners" means any adult121
individual seized of a freehold estate in land who is legally122
competent, the state or any political subdivision as defined in123
section 5713.081 of the Revised Code, and any firm, trustee, or124
private corporation that, any of which is seized of a freehold125
estate in land; except that individuals, firms, and corporations126
holding easements and any railroad, utility, street, and highway127
rights-of-way held in fee, by easement, or by dedication and128
acceptance are not included within such those meanings; and no129
person, firm, trustee, or private corporation, the state, or any130
political subdivision, that has become an owner of real estate by131
a conveyance, the primary purpose of which is to affect the number132
of owners required to sign an annexation a petition for133
annexation, is included within such those meanings. For purposes134
of sections 709.02 to 709.21, 709.38, and 709.39 of the Revised135
Code, the state or any political subdivision shall not be136
considered an owner and shall not be included in determining the137
number of owners needed to sign a petition unless an authorized138
agent of the state or the political subdivision signs the139
petition. The authorized agent for the state shall be the140
director of administrative services.141

       An owner is determined as of the date the petition is filed142
with the board of county commissioners. If the owner is a143
corporation, partnership, business trust, estate, trust,144
organization, association, group, institution, society, state, or145
political subdivision, the petition shall be signed by a person146
who is authorized to sign for that entity. A person who owns more147
than one parcel of real estate, either individually or as a tenant148
in common or by survivorship tenancy, shall be counted as one149
owner for purposes of this chapter.150

       Sec. 709.021. (A) When a petition signed by all of the151
owners of real estate in the unincorporated territory of a152
township proposed for annexation requests the annexation of that153
territory to a municipal corporation contiguous to that territory154
under one of the special procedures provided for annexation in155
sections 709.022, 709.023, and 709.024 of the Revised Code, the156
annexation proceedings shall be conducted under those sections to157
the exclusion of any other provisions of this chapter unless158
otherwise provided in this section or the special procedure159
section chosen.160

       (B) Application for annexation shall be made by a petition161
filed with the clerk of the board of county commissioners of the162
county in which the territory is located, and the procedures163
contained in divisions (C), (D), and (E) of section 709.02 of the164
Revised Code shall be followed, except that all owners, not just a165
majority of owners, shall sign the petition. To be valid, each166
petition circulated for the special procedure in section 709.022167
or 709.023 of the Revised Code shall contain the notice provided168
for in division (B) of section 709.022 or division (A) of section169
709.023 of the Revised Code, whichever is applicable.170

       (C) Except as otherwise provided in this section, only this171
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 to173
the granting of an annexation described in this section.174

       (D) As used in sections 709.022 and 709.024 of the Revised175
Code, "party" or "parties" means the municipal corporation to176
which annexation is proposed, each township any portion of which177
is included within the territory proposed for annexation, and the178
agent for the petitioners.179

               Sec. 709.022. (A) A petition filed under section 709.021 of180
the Revised Code that requests to follow this section is for the181
special procedure of annexing land with the consent of all182
parties. The petition shall be accompanied by a certified copy of183
an annexation agreement provided for in section 709.192 of the184
Revised Code or of a cooperative economic development agreement185
provided for in section 701.07 of the Revised Code, that is186
entered into by the municipal corporation and each township any187
portion of which is included within the territory proposed for188
annexation. Upon the receipt of the petition and the applicable189
agreement, the board of county commissioners, at the board's next190
regular session, shall enter upon its journal a resolution191
granting the annexation, without holding a hearing.192

       (B) Owners who sign a petition requesting that the special193
procedure in this section be followed expressly waive their right194
to appeal any action taken by the board of county commissioners195
under this section. There is no appeal from the board's decision196
under this section in law or in equity.197

       The petition circulated to collect signatures for the special198
procedure in this section shall contain in boldface capital199
letters immediately above the heading of the place for signatures200
on each part of the petition the following: "WHOEVER SIGNS THIS201
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL ANY ACTION ON THE202
PETITION TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. THERE ALSO203
IS NO APPEAL FROM THE BOARD'S DECISION IN THIS MATTER IN LAW OR IN204
EQUITY."205

       (C) After the board of county commissioners grants the206
petition for annexation, the clerk of the board shall deliver a207
certified copy of the entire record of the annexation proceedings,208
including all resolutions of the board, signed by a majority of209
the members of the board, the petition, map, and all other papers210
on file, and the recording of the proceedings, if a copy is211
available, to the auditor or clerk of the municipal corporation to212
which annexation is proposed.213

               Sec.  709.023. (A) A petition filed under section 709.021214
of the Revised Code that requests to follow this section is for215
the special procedure of annexing land into a municipal216
corporation when, subject to division (H) of this section, the217
land also is not to be excluded from the township under section218
503.07 of the Revised Code. The owners who sign this petition by219
their signature expressly waive their right to appeal in law or220
equity from the board of county commissioners' entry of any221
resolution under this section, waive any rights they may have to222
sue on any issue relating to a municipal corporation requiring a223
buffer as provided in this section, and waive any rights to seek a224
variance that would relieve or exempt them from that buffer225
requirement.226

       The petition circulated to collect signatures for the special227
procedure in this section shall contain in boldface capital228
letters immediately above the heading of the place for signatures229
on each part of the petition the following: "WHOEVER SIGNS THIS230
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY231
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION232
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT233
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS234
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."235

       (B) Upon the filing of the petition in the office of the236
clerk of the board of county commissioners, the clerk shall cause237
the petition to be entered upon the board's journal at its next238
regular session. This entry shall be the first official act of239
the board on the petition. Within five days after the filing of240
the petition, the agent for the petitioners shall notify in the241
manner and form specified in this division the clerk of the242
legislative authority of the municipal corporation to which243
annexation is proposed, the clerk of each township any portion of244
which is included within the territory proposed for annexation,245
the clerk of the board of county commissioners of each county in246
which the territory proposed for annexation is located other than247
the county in which the petition is filed, and the owners of248
property adjacent to the territory proposed for annexation or249
adjacent to a road that is adjacent to that territory and located250
directly across that road from that territory. The notice shall251
be given by certified mail, return receipt requested, or by252
causing the notice to be personally served on the appropriate253
governmental officer or property owner, with proof of service254
being by affidavit of the person who delivered the notice. The255
notice shall refer to the time and date when the petition was256
filed and the county in which it was filed and shall have attached257
or shall be accompanied by a copy of the petition and any258
attachments or documents accompanying the petition as filed. The259
proof of service of the notice shall be filed with the board of260
county commissioners with which the petition was filed.261

       (C) Within twenty days after the date that the petition is262
filed, the legislative authority of the municipal corporation to263
which annexation is proposed shall adopt an ordinance or264
resolution stating what services the municipal corporation will265
provide, and an approximate date by which it will provide them, to266
the territory proposed for annexation, upon annexation. The267
municipal corporation is entitled in its sole discretion to268
provide to the territory proposed for annexation, upon annexation,269
services in addition to the services described in that ordinance270
or resolution.271

       If the territory proposed for annexation is subject to zoning272
regulations adopted under either Chapter 303. or 519. of the273
Revised Code at the time the petition is filed, the legislative274
authority of the municipal corporation also shall adopt an275
ordinance or resolution stating that, if the territory is annexed276
and becomes subject to zoning by the municipal corporation and277
that municipal zoning permits uses in the annexed territory that278
the municipal corporation determines are clearly incompatible with279
the uses permitted under current county or township zoning280
regulations in the adjacent land remaining within the township281
from which the territory was annexed, the legislative authority of282
the municipal corporation will require, in the zoning ordinance283
permitting the incompatible uses, the owner of the annexed284
territory to provide a buffer separating the use of the annexed285
territory and the adjacent land remaining within the township. For286
the purposes of this section, "buffer" includes open space,287
landscaping, fences, walls, and other structured elements; streets288
and street rights-of-way; and bicycle and pedestrian paths and289
sidewalks.290

       The clerk of the legislative authority of the municipal291
corporation to which annexation is proposed shall file the292
ordinances or resolutions adopted under this division with the293
board of county commissioners within twenty days following the294
date that the petition is filed. The board shall make these295
ordinances or resolutions available for public inspection.296

       (D) Within twenty-five days after the date that the petition297
is filed, the legislative authority of the municipal corporation298
to which annexation is proposed and each township any portion of299
which is included within the territory proposed for annexation may300
adopt and file with the board of county commissioners an ordinance301
or resolution consenting or objecting to the proposed annexation.302
An objection to the proposed annexation shall be based solely upon303
the petition's failure to meet the conditions specified in304
division (E) of this section.305

       If the municipal corporation and each of those townships306
timely files an ordinance or resolution consenting to the proposed307
annexation, the board at its next regular session shall enter upon308
its journal a resolution granting the proposed annexation. If,309
instead, the municipal corporation or any of those townships files310
an ordinance or resolution that objects to the proposed311
annexation, the board of county commissioners shall proceed as312
provided in division (E) of this section. Failure of the313
municipal corporation or any of those townships to timely file an314
ordinance or resolution consenting or objecting to the proposed315
annexation shall be deemed to constitute consent by that municipal316
corporation or township to the proposed annexation.317

       (E) Unless the petition is granted under division (D) of318
this section, not less than thirty or more than forty-five days319
after the date that the petition is filed, the board of county320
commissioners shall review it to determine if each of the321
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 the324
Revised Code.325

       (2) The persons who signed the petition are owners of the326
real estate located in the territory proposed for annexation and327
constitute all of the owners of real estate in that territory.328

       (3) The territory proposed for annexation does not exceed329
five hundred acres.330

       (4) The territory proposed for annexation shares a contiguous331
boundary with the municipal corporation to which annexation is332
proposed for a continuous length of at least five per cent of the333
perimeter of the territory proposed for annexation.334

       (5) The annexation will not create an unincorporated area of335
the township that is completely surrounded by the territory336
proposed for annexation.337

       (6) The municipal corporation to which annexation is338
proposed has agreed to provide to the territory proposed for339
annexation the services specified in the relevant ordinance or340
resolution adopted under division (C) of this section.341

       (7) If a street or highway will be divided or segmented by342
the boundary line between the township and the municipal343
corporation as to create a road maintenance problem, the municipal344
corporation to which annexation is proposed has agreed as a345
condition of the annexation to assume the maintenance of that346
street or highway or to otherwise correct the problem. As used in347
this section, "street" or "highway" has the same meaning as in348
section 4511.01 of the Revised Code.349

       (F) Not less than thirty or more than forty-five days after350
the date that the petition is filed, if the petition is not351
granted under division (D) of this section, the board of county352
commissioners, if it finds that each of the conditions specified353
in division (E) of this section has been met, shall enter upon its354
journal a resolution granting the annexation. If the board of355
county commissioners finds that one or more of the conditions356
specified in division (E) of this section have not been met, it357
shall enter upon its journal a resolution that states which of358
those conditions the board finds have not been met and that denies359
the petition.360

       (G) If a petition is granted under division (D) or (F) of361
this section, the clerk of the board of county commissioners shall362
proceed as provided in division (C)(1) of section 709.033 of the363
Revised Code, except that no recording or hearing exhibits would364
be involved. There is no appeal in law or equity from the board's365
entry of any resolution under this section, but any party may seek366
a writ of mandamus to compel the board of county commissioners to367
perform its duties under this section.368

       (H) Notwithstanding anything to the contrary in section369
503.07 of the Revised Code, unless otherwise provided in an370
annexation agreement entered into pursuant to section 709.192 of371
the Revised Code or in a cooperative economic development372
agreement entered into pursuant to section 701.07 of the Revised373
Code, territory annexed into a municipal corporation pursuant to374
this section shall not at any time be excluded from the township375
under section 503.07 of the Revised Code and, thus, remains376
subject to the township's real property taxes.377

       (I) Any owner of land that remains within a township and378
that is adjacent to territory annexed pursuant to this section who379
is directly affected by the failure of the annexing municipal380
corporation to enforce compliance with any zoning ordinance it381
adopts under division (C) of this section requiring the owner of382
the annexed territory to provide a buffer zone, may commence in383
the court of common pleas a civil action against that owner to384
enforce compliance with that buffer requirement whenever the385
required buffer is not in place before any development of the386
annexed territory begins.387

               Sec. 709.024. (A) A petition filed under section 709.021 of388
the Revised Code that requests to follow this section is for the389
special procedure of annexing land into a municipal corporation390
for the purpose of undertaking a significant economic development391
project. As used in this section, "significant economic392
development project" means one or more economic development393
projects that can be classified as industrial, distribution, high394
technology, research and development, or commercial, which395
projects may include ancillary residential and retail uses and396
which projects shall satisfy all of the following:397

       (1) Total private real and personal property investment in a398
project shall be in excess of ten million dollars through land and399
infrastructure, new construction, reconstruction, installation of400
fixtures and equipment, or the addition of inventory, excluding401
investment solely related to the ancillary residential and retail402
elements, if any, of the project. As used in this division,403
"private real and personal property investment" does not include404
payments in lieu of taxes, however characterized, under Chapter405
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 additional408
annual payroll in excess of one million dollars, excluding payroll409
arising solely out of the retail elements, if any, of the project.410

       (3) The project has been certified by the state director of411
development as meeting the requirements of divisions (A)(1) and412
(2) of this section.413

       (B) Upon the filing of the petition under section 709.021 of414
the Revised Code in the office of the clerk of the board of county415
commissioners, the clerk shall cause the petition to be entered416
upon the journal of the board at its next regular session. This417
entry shall be the first official act of the board on the418
petition. Within five days after the filing of the petition, the419
agent for the petitioners shall notify in the manner and form420
specified in this division the clerk of the legislative authority421
of the municipal corporation to which annexation is proposed, the422
clerk of each township any portion of which is included within the423
territory proposed for annexation, the clerk of the board of424
county commissioners of each county in which the territory425
proposed for annexation is located other than the county in which426
the petition is filed, and the owners of property adjacent to the427
territory proposed for annexation or adjacent to a road that is428
adjacent to that territory and located directly across that road429
from that territory. The notice shall be given by certified mail,430
return receipt requested, or by causing the notice to be431
personally served on the appropriate governmental officer or432
property owner, with proof of service being by affidavit of the433
person who delivered the notice. The notice shall refer to the434
time and date when the petition was filed and the county in which435
it was filed and shall have attached or shall be accompanied by a436
copy of the petition and any attachments or documents accompanying437
the petition as filed. The proof of service of the notice shall438
be filed with the board of county commissioners with which the439
petition was filed. 440

       (C)(1) Within thirty days after the petition is filed, the441
legislative authority of the municipal corporation to which442
annexation is proposed and each township any portion of which is443
included within the territory proposed for annexation may adopt444
and file with the board of county commissioners an ordinance or445
resolution consenting or objecting to the proposed annexation. An446
objection to the proposed annexation shall be based solely upon447
the petition's failure to meet the conditions specified in448
division (F) of this section. Failure of the municipal449
corporation or any of those townships to timely file an ordinance450
or resolution consenting or objecting to the proposed annexation451
shall be deemed to constitute consent by that municipal452
corporation or township to the proposed annexation.453

       (2) Within twenty days after receiving the notice required454
by division (B) of this section, the legislative authority of the455
municipal corporation shall adopt, by ordinance or resolution, a456
statement indicating what services the municipal corporation will457
provide or cause to be provided, and an approximate date by which458
it will provide or cause them to be provided, to the territory459
proposed for annexation, upon annexation. If a hearing is to be460
conducted under division (E) of this section, the legislative461
authority shall file the statement with the clerk of the board of462
county commissioners at least twenty days before the date of the463
hearing.464

       (D) If all parties to the annexation proceedings entitled to465
notice under division (B) of this section consent to the proposed466
annexation, a hearing shall not be held, and the board, at its467
next regular session, shall enter upon its journal a resolution468
granting the annexation. There is no appeal in law or in equity469
from the board's entry of a resolution under this division. The470
clerk of the board shall proceed as provided in division (C)(1) of471
section 709.033 of the Revised Code.472

       (E) Unless the petition is granted under division (D) of473
this section, a hearing shall be held on the petition. The board474
of county commissioners shall hear the petition at its next475
regular session and shall notify the agent for the petitioners of476
the hearing's date, time, and place. The agent for the477
petitioners shall give notice to the parties entitled to notice478
under division (B) of this section of the date, time, and place of479
the hearing. At the hearing, those parties and any owner of real480
estate within the territory proposed to be annexed are entitled to481
appear for the purposes described in division (C) of section482
709.032 of the Revised Code.483

       (F) Within thirty days after a hearing under division (E) of484
this section, the board of county commissioners shall enter upon485
its journal a resolution granting or denying the proposed486
annexation. The resolution shall include specific findings of487
fact as to whether or not each of the conditions listed in this488
division has been met. If the board grants the annexation, the489
clerk of the board shall proceed as provided in division (C)(1) of490
section 709.033 of the Revised Code.491

       The board shall enter a resolution granting the annexation if492
it finds, based upon a preponderance of the substantial, reliable,493
and probative evidence on the whole record, that each of the494
following conditions has been met:495

       (1) The petition meets all the requirements set forth in,496
and was filed in the manner provided in, section 709.021 of the497
Revised Code.498

       (2) The persons who signed the petition are owners of real499
estate located in the territory proposed to be annexed in the500
petition and constitute all of the owners of real estate in that501
territory.502

       (3) No street or highway will be divided or segmented by the503
boundary line between a township and the municipal corporation as504
to create a road maintenance problem, or if the street or highway505
will be so divided or segmented, the municipal corporation has506
agreed, as a condition of the annexation, that it will assume the507
maintenance of that street or highway. For the purposes of this508
division, "street" or "highway" has the same meaning as in section509
4511.01 of the Revised Code.510

       (4) The municipal corporation to which the territory is511
proposed to be annexed has adopted an ordinance or resolution as512
required by division (C)(2) of this section.513

       (5) The state director of development has certified that the514
project meets the requirements of divisions (A)(1) and (2) of this515
section and thereby qualifies as a significant economic516
development project. The director's certification is binding on517
the board of county commissioners.518

       (G) An owner who signed the petition may appeal a decision519
of the board of county commissioners denying the proposed520
annexation under section 709.07 of the Revised Code. No other521
person has standing to appeal the board's decision in law or in522
equity. If the board grants the annexation, there shall be no523
appeal in law or in equity.524

       (H) Notwithstanding anything to the contrary in section525
503.07 of the Revised Code, unless otherwise provided in an526
annexation agreement entered into pursuant to section 709.192 of527
the Revised Code or in a cooperative economic development528
agreement entered into pursuant to section 701.07 of the Revised529
Code, territory annexed into a municipal corporation pursuant to530
this section shall not at any time be excluded from the township531
under section 503.07 of the Revised Code and, thus, remains532
subject to the township's real property taxes.533

       (I) A municipal corporation to which annexation is proposed534
is entitled in its sole discretion to provide to the territory535
proposed for annexation, upon annexation, services in addition to536
the services described in the ordinance or resolution adopted by537
the legislative authority of the municipal corporation under538
division (C)(2) of this section.539

       Sec. 709.03.  The (A) Once a petition required by described540
in section 709.02 of the Revised Code shall be is filed in, the541
office clerk of the board of county commissioners and the clerk542
shall cause the petition to be entered upon the record of543
proceedings journal of the board, which at its next regular544
session. This entry shall be the first official act of the board545
on the annexation petition, and shall cause the petition to be546
filed in the office of the county auditor, where it shall be547
subject to the inspection of any interested person. The agent for548
the petitioners shall cause written notice of the filing of the549
petition with the board of county commissioners and the date of550
such filing to be delivered to the clerk of the legislative551
authority of the municipal corporation to which annexation is552
proposed and to the clerk of each township any portion of which is553
included within the territory sought to be annexed. Any person. 554
Within five days after the filing of the petition, the board shall555
set the date, time, and place for the hearing on the petition and556
shall notify the agent for the petitioners. The date for the557
hearing shall be not less than sixty or more than ninety days558
after the petition is filed with the clerk of the board.559

       (B) Upon being notified of the date of the hearing, the560
agent for the petitioners shall do all of the following:561

       (1) Within five days cause written notice of the filing of562
the petition with the board of county commissioners, the date and563
time of the filing, and the date, time, and place of the hearing,564
to be delivered to the clerk of the legislative authority of the565
municipal corporation to which annexation is proposed, to the566
clerk of each township any portion of which is included within the567
territory proposed for annexation, and to the clerk of the board568
of county commissioners of each county in which the territory569
proposed for annexation is located other than the county in which570
the petition is filed. The notice shall state the date and time571
when the petition was filed and the county in which it was filed572
and shall have attached or shall be accompanied by a copy of the573
petition and any attachments or documents accompanying the574
petition as filed. The notice shall be given by certified mail,575
return receipt requested, or by causing the notice to be576
personally served on the appropriate governmental officer, with577
proof of service being by affidavit of the person who delivered578
the notice. Within ten days after the date of completion of579
service, the agent for the petitioners shall file proof of service580
of the notice with the board of county commissioners with which581
the petition was filed.582

       (2) Within ten days send by regular mail a copy of the583
notice of the board of county commissioners of the hearing to all584
owners of property within the territory proposed to be annexed,585
and to all owners of property adjacent to the territory proposed586
to be annexed or adjacent to a road that is adjacent to that587
territory and located directly across that road from that588
territory, whose names were provided by the agent for the589
petitioners under division (D) of section 709.02 of the Revised590
Code, along with a map of the territory proposed to be annexed and591
a statement indicating where the full petition for annexation can592
be reviewed. The notice also shall include a statement that any593
owner who signed the petition may remove the owner's signature by594
filing with the clerk of the board of county commissioners a595
written notice of withdrawal of the owner's signature within596
twenty-one days after the date the agent mails the notice; the597
agent shall include with each mailed notice a certification of the598
date of its mailing for this purpose. Within ten days after the599
mailing of the notices, the agent shall file with the board of600
county commissioners with which the petition was filed, a601
notarized affidavit that a notice was sent by regular mail to602
these property owners.603

       (3) Cause a notice containing the substance of the petition,604
and the date, time, and place of the hearing, to be published at605
least once and at least seven days prior to the date fixed for the606
hearing, in a newspaper of general circulation in each county in607
which territory proposed for annexation is situated. Within ten608
days after the date of completion of the publication or at the609
hearing, whichever comes first, the agent for the petitioners610
shall file proof of publication of the notice with the board of611
county commissioners with which the petition was filed.612

       (C) Any owner who signed the petition for annexation may613
remove his that signature by filing with the clerk of the board of614
county commissioners a written notice of withdrawal of his the615
owner's signature within twenty twenty-one days after such a616
notice of filing is delivered to the clerk of the township in617
which he resides the date the agent for the petitioners mailed the618
notice of the hearing to the owner as provided in division (B)(2)619
of this section. Thereafter, signatures may be withdrawn or620
removed only in the manner authorized by section 709.032 of the621
Revised Code.622

       (D) Upon receiving the notice described in division (B)(1)623
of this section, the legislative authority of the municipal624
corporation shall adopt, by ordinance or resolution, a statement625
indicating what services the municipal corporation will provide,626
and an approximate date by which it will provide them, to the627
territory proposed for annexation, upon annexation. The statement628
shall be filed with the board of county commissioners at least629
twenty days before the date of the hearing. The municipal630
corporation is entitled in its sole discretion to provide to the631
territory proposed for annexation, upon annexation, services in632
addition to the services described in the ordinance or resolution633
it adopts under this division.634

               Sec. 709.031. (A) Within five days after the petition for635
annexation is filed with the board of county commissioners, the636
clerk of the board shall refer the legal description of the637
perimeter and the map or plat of the territory proposed to be638
annexed to the county engineer for a report upon the accuracy of639
the legal description of the perimeter, map, or plat. Upon640
receiving these items, the county engineer shall file, at least641
twenty-five days before the hearing, a written report with the642
board based on the engineer's findings, which shall not be643
conclusive upon the board. Failure of the engineer to make the644
report shall not affect the jurisdiction or duty of the board to645
proceed.646

       (B) The petition may be amended without further notice by647
leave of the board of county commissioners and with the consent of648
the agent for the petitioners if the amendment does not add to the649
territory embraced in the original petition and is made at least650
fifteen days before the date of the hearing. The board may651
rerefer the legal description of the perimeter, map, or plat to652
the county engineer if revisions are made in them, for a report on653
their accuracy. Upon receiving these items, the county engineer654
shall file, on or before the date of the hearing, a written report655
with the board based on the engineer's findings, which shall not656
be conclusive upon the board. Failure of the engineer to make the657
report shall not affect the jurisdiction or duty of the board to658
proceed.659

       (C) The board of township trustees of any township660
containing any territory proposed for annexation and any owners of661
real estate in the territory proposed for annexation may request662
that reasonable proof be presented of the authority of a person663
signing the petition on behalf of any person other than a natural664
being, the state, or a political subdivision of the state. The665
request shall be in writing and be filed with the board of county666
commissioners and with the agent for the petitioners at least667
fifteen days prior to the hearing on the petition. When such a668
request is filed, the agent for the petitioners shall present to669
the board of county commissioners at the hearing held under670
section 709.032 of the Revised Code sufficient evidence by671
affidavit or testimony to establish that the owner is a person672
other than a natural being, the state, or a political subdivision673
of the state and that the owner authorized the person whose674
signature is on the petition to sign the petition on its behalf.675
If the board does not find the evidence sufficient to establish676
this authority, it shall remove the signature from the petition.677

               Sec. 709.032. (A) As used in this section, "necessary party"678
means the municipal corporation to which annexation is proposed,679
each township any portion of which is included within the680
territory proposed for annexation, and the agent for the681
petitioners.682

       (B) The hearing provided for in section 709.031 709.03 of683
the Revised Code shall be public. Any The board of county684
commissioners may, or at the request of any necessary party shall,685
issue subpoenas for witnesses or for books, papers,686
correspondence, memoranda, agreements, or other documents or687
records relevant or material to the petition, directed to the688
sheriff of each county where the witnesses or documents or records689
are found, which subpoenas shall be served and returned in the690
same manner as those allowed by the court of common pleas in691
criminal cases. The fees and mileage of sheriffs and witnesses692
shall be the same as those allowed by the court of common pleas in693
criminal cases. The fee and mileage expenses incurred at the694
request of a party shall be paid in advance by the party, and the695
remainder of the expenses shall be paid out of fees charged by the696
board for the annexation proceedings. In case of disobedience or697
neglect of any subpoena served on any person, or the refusal of698
any witness to testify to any matter regarding which the witness699
may be lawfully interrogated, the court of common pleas of the700
county in which the disobedience, neglect, or refusal occurs, or701
any judge of that court, on application of the board, any member702
of the board, or a necessary party, may compel obedience by703
attachment proceedings for contempt as in the case of disobedience704
of the requirements of a subpoena issued from the court or a705
refusal to testify in the court. An owner of a company, firm,706
partnership, association, or corporation that is subpeoned may707
have an agent or attorney appear before the board on that owner's708
behalf in response to the subpoena.709

       The board of county commissioners shall make, by electronic710
means or some other suitable method, a record of the hearing. If711
a request, accompanied by a deposit to pay the costs, is filed712
with the board not later than seven days before the hearing, the713
board shall provide an official court reporter to record the714
hearing. The record of the hearing need not be transcribed unless715
a request, accompanied by an amount to cover the cost of716
transcribing the record, is filed with the board.717

       (C) Any person may appear, in person or by attorney, and,718
after being sworn, may support or contest the granting of the719
prayer of the petition provided for by section 709.02 of the720
Revised Code. Affidavits presented in support of or against the721
prayer of such petition shall be considered by the board, but only722
if the affidavits are filed with the board and served as provided723
in the Rules of Civil Procedure upon the necessary parties to the724
annexation proceedings at least fifteen days before the date of725
the hearing; provided that the board shall accept an affidavit726
after the fifteen-day period if the purpose of the affidavit is727
only to establish the affiant's authority to sign the petition on728
behalf of the entity for which the affiant signed. Necessary729
parties or their representatives are entitled to present evidence,730
examine and cross-examine witnesses, and comment on all evidence,731
including any affidavits presented to the board under this732
division.733

       (D) At the hearing, any owner who signed the petition for734
annexation may appear, and, after being sworn as provided by735
section 305.21 of the Revised Code, testify orally that his the736
owner's signature was obtained by fraud, duress,737
misrepresentation, including any misrepresentation relating to the738
provision of municipal services to the territory proposed to be739
annexed, or undue influence. Any person may testify orally after740
being so sworn in support of or rebuttal to such the prior741
testimony by the owner. The commissioners, the agent for the742
petitioners or his attorney, and such owner or his attorney may743
examine such witnesses, including the owner Any witnesses and744
owners who testify shall be subject to cross-examination by the745
necessary parties to the annexation proceedings. If a majority of746
the county commissioners find that such the owner's signature was747
obtained under circumstances that did constitute fraud, duress,748
misrepresentation, or undue influence, they shall find the749
signature to be void, and shall order it removed from the petition750
as of the time the petition was filed.751

       The petition may be amended without further notice by leave752
of the county commissioners with the consent of the agent for the753
petitioners where such amendment does not add to the territory754
embraced in the original petition. If any amendment is permitted,755
whereby territory not before embraced is added, the board shall756
appoint another time for the hearing, of which notice shall be757
given as specified in section 709.031 of the Revised Code.758

       Sec. 709.033.  (A) After the hearing on a petition to annex759
for annexation, the board of county commissioners shall enter an760
order upon its journal allowing a resolution granting the761
annexation if it finds, based upon a preponderance of the762
substantial, reliable, and probative evidence on the whole record,763
that each of the following conditions has been met:764

       (A)(1) The petition contains all matter required in meets765
all the requirements set forth in, and was filed in the manner766
provided in, section 709.02 of the Revised Code.767

       (B) Notice has been published as required by section 709.031768
of the Revised Code.769

       (C)(2) The persons whose names are subscribed to who signed770
the petition are owners of real estate located in the territory771
proposed to be annexed in the petition, and, as of the time the772
petition was filed with the board of county commissioners, the773
number of valid signatures on the petition constituted a majority774
of the owners of real estate in the that territory proposed to be775
annexed.776

       (D)(3) The municipal corporation to which the territory is777
proposed to be annexed has complied with division (B)(D) of778
section 709.031 709.03 of the Revised Code.779

       (E)(4) The territory included in the annexation petition780
proposed to be annexed is not unreasonably large; the map or plat781
is accurate; and.782

       (5) On balance, the general good of the territory sought783
proposed to be annexed will be served, and the benefits to the784
territory proposed to be annexed and the surrounding area will785
outweigh the detriments to the territory proposed to be annexed786
and the surrounding area, if the annexation petition is granted.787
As used in division (A)(5) of this section, "surrounding area"788
means the territory within the unincorporated area of any township789
located one-half mile or less from any of the territory proposed790
to be annexed.791

       (6) No street or highway will be divided or segmented by the792
boundary line between a township and the municipal corporation as793
to create a road maintenance problem, or, if a street or highway794
will be so divided or segmented, the municipal corporation has795
agreed, as a condition of the annexation, that it will assume the796
maintenance of that street or highway. For the purposes of this797
division, "street" or "highway" has the same meaning as in section798
4511.01 of the Revised Code.799

       (B) The board of county commissioners shall grant enter upon800
its journal a resolution granting or deny denying the petition for801
annexation within ninety thirty days after the hearing set802
pursuant to provided for in section 709.031 709.032 of the Revised803
Code. The resolution shall include specific findings of fact as to804
whether each of the conditions listed in divisions (A)(1) to (6)805
of this section has been met. Upon journalization of the806
resolution, the clerk of the board shall send a certified copy of807
it to the agent for the petitioners, the clerk of the legislative808
authority of the municipal corporation to which annexation is809
proposed, the clerk of each township in which the territory810
proposed for annexation is located, and the clerk of the board of811
county commissioners of each county in which the territory812
proposed for annexation is located other than the county in which813
the petition is filed. The clerk of the board shall take no814
further action until the expiration of thirty days after the date815
of journalization.816

       (C) After the expiration of that thirty-day period, if no817
appeal has been timely filed under section 709.07 of the Revised818
Code, the clerk of the board of county commissioners shall take819
one of the following actions:820

       (1) If the board of county commissioners grants granted the821
petition for annexation it, the clerk shall enter on its journal822
all the orders of the board relating to the annexation and deliver823
a certified transcript of copy of the entire record of the824
annexation proceedings, including all orders resolutions of the825
board, signed by a majority of the members of the board, the826
petition, map, and all other papers on file, the recording of the827
proceedings, if a copy is available, and exhibits presented at the828
hearing relating to the annexation proceedings, to the auditor or829
clerk of the municipal corporation to which annexation is830
proposed.831

       (2) If the board of county commissioners denies denied the832
petition for annexation, it the clerk shall send a certified copy833
of its order resolution denying the annexation to the agent for834
the petitioners and to the clerk of the municipal corporation to835
which the annexation was proposed. If, on any appeal of any such836
annexation denial, a court holds that the board's denial was837
contrary to law, and if the court orders the clerk of the board of838
county commissioners to enter on the journal of the board an order839
approving the annexation, then the clerk shall enter the order.840

       (D) If an appeal is filed in a timely manner under section841
709.07 of the Revised Code from the determination of the board of842
county commissioners granting or denying the petition for843
annexation, the clerk of the board shall take further action only844
in accordance with that section.845

       Sec. 709.04.  At the next regular session of the legislative846
authority of the municipal corporation to which annexation is847
proposed, after the expiration of sixty days from the date of848
filing with him as the delivery required by division (C) of849
section 709.022 or division (C)(1) of section 709.033 of the850
Revised Code, the auditor or clerk of such that municipal851
corporation shall lay the transcript resolution of the board852
granting the petition and the accompanying map or plat and853
petition required by such section before the legislative854
authority. Thereupon the The legislative authority, by resolution855
or ordinance, then shall accept or reject the application petition856
for annexation. If the legislative authority fails to pass an857
ordinance or resolution accepting the application petition for858
annexation within a period of one hundred twenty days after the859
transcript is those documents are laid before it by the auditor or860
clerk, the application petition for annexation shall be deemed861
considered rejected by the legislative authority, unless it has862
been prevented from acting by a temporary restraining order, a863
temporary injunction, or some other order of a court.864

       Sec. 709.07. (A) The agent for the petitioners, any owner of865
real estate in the territory proposed for annexation, any township866
in which territory proposed for annexation is located, and the867
municipal corporation to which the territory is proposed to be868
annexed may file an appeal under Chapter 2506. of the Revised Code869
from a resolution of the board of county commissioners granting or870
denying the petition. The agent for the petitioners, any township871
in which the territory proposed for annexation is located, and any872
municipal corporation to which the territory is proposed to be873
annexed are necessary parties in an appeal. The filing of a874
notice of appeal with the clerk of the board of county875
commissioners shall operate as a stay of execution upon that clerk876
and all parties to the appeal, which stay shall not be lifted877
until the court having jurisdiction over the proceedings enters a878
final order affirming or reversing the decision of the board of879
county commissioners and the time limits for an appeal of that880
final order have passed without a notice of appeal being filed.881

       (B) Any party filing an appeal from the court of common882
pleas or court of appeals decision in an annexation matter shall883
serve on the clerk of the board of county commissioners a884
time-stamped copy of the notice of appeal. Upon issuance of a885
final order of any court regarding an annexation appeal, the clerk886
of the court shall forward a certified copy of the court's order887
to the clerk of the board of county commissioners that rendered888
the annexation decision that was appealed.889

       (C) If, after all appeals have been exhausted, the final890
determination of the court is that the petition for annexation891
should be granted, the board of county commissioners shall enter892
on its journal a resolution granting the annexation, if such a893
resolution has not already been journalized, and the clerk of the894
board shall deliver a certified copy of that journal entry and of895
the entire record of the annexation proceedings, including all896
resolutions of the board, signed by a majority of the members of897
the board, the petition, map, and all other papers on file, the898
transcript of the proceedings, and exhibits presented at the899
hearing relating to the annexation proceedings, to the auditor or900
clerk of the municipal corporation to which annexation is901
proposed. The municipal auditor or clerk shall lay these902
certified papers, along with the copy of the court's order, before903
the legislative authority at its next regular meeting. The904
legislative authority then shall proceed to accept or reject the905
petition for annexation as provided under section 709.04 of the906
Revised Code.907

       (D) If, after all appeals have been exhausted, the final908
determination of the court is that the petition for annexation909
should be denied, the board of county commissioners shall enter on910
its journal a resolution denying the annexation, if such a911
resolution has not already been journalized.912

               Sec. 709.11. If the territory proposed for annexation under913
this chapter is situated in more than one county, the annexation914
proceedings shall be in the county in which the majority of915
acreage of the territory proposed for annexation is situated.916

       Sec. 709.13.  The inhabitants, generally, of a municipal917
corporation may enlarge the limits of such the municipal918
corporation by the annexation of contiguous territory in the919
manner provided by sections 709.14 to 709.21, inclusive, 709.16 of920
the Revised Code.921

       Sec. 709.14.  The legislative authority of a municipal922
corporation which that proposes to annex contiguous territory923
shall pass, by a vote of not less than a majority of the members924
elected thereto to the legislative authority, pass an ordinance925
authorizing the annexation to be made, and directing the village926
solicitor or city director of law of the municipal corporation, or927
some one someone to be named in the ordinance, to prosecute the928
proceedings necessary to effect it.929

       Sec. 709.15.  The application of a municipal corporation to930
the board of county commissioners requesting the annexation of931
contiguous territory under section 709.16 of the Revised Code932
shall be by a petition, setting forth that, under an ordinance of933
the legislative authority of the municipal corporation, the934
territory described in the petition was authorized to be annexed935
to the municipal corporation. The petition shall contain an936
accurate legal description of the territory perimeter and shall be937
accompanied by an accurate map or plat thereof of the territory938
proposed for annexation.939

       Sec. 709.16. (A) A municipal corporation may petition the940
board of county commissioners to annex contiguous territory owned941
only by the municipal corporation, a county, or the state. The942
clerk of the board shall cause the petition to be entered upon the943
board's journal at its next regular session. This entry shall be944
the first official act of the board upon the petition. Proceedings945
on the petition shall be conducted under this section to the946
exclusion of any other provisions of this chapter except for947
sections 709.014, 709.14, 709.15, 709.20, and 709.21 of the948
Revised Code.949

       (B) If the only territory to be annexed is contiguous950
territory owned by a municipal corporation, the board of county951
commissioners, by resolution, shall grant the annexation. The952
annexation shall be complete upon the entry upon the journal of953
the board of the resolution granting the annexation.954

       (C) If the only territory to be annexed is contiguous955
territory owned by a county, the board of county commissioners, by956
resolution, may grant or deny the annexation. The annexation957
shall be complete upon the entry upon the journal of the board of958
a resolution granting the annexation.959

       (D) If the only territory to be annexed is contiguous960
territory owned by the state and the director of administrative961
services has filed a written consent to the granting of the962
annexation with the board of county commissioners, the board, by963
resolution, shall grant the annexation. The annexation shall be964
complete upon the entry upon the journal of the board of a965
resolution granting the annexation.966

       (E) The board of county commissioners shall act upon a967
petition for annexation filed under this section within thirty968
days after receipt of the petition.969

       (F) No appeal in law or in equity shall be allowed from the970
granting of an annexation under this section.971

       (G) When a municipal corporation purchases real property972
below an appraised fair market value and sells or agrees to sell973
the property back to the person that sold it to the municipal974
corporation, an annexation of that property completed under this975
section shall be void, and the annexed property shall become part976
of the township from which it was annexed, if it still exists. If977
the township no longer exists, the board of county commissioners978
shall attach the annexed territory to another township.979

       (H) Territory annexed under this section shall not be980
excluded from the township under section 503.07 of the Revised981
Code.982

       Sec. 709.19.  (A) As used in this section:983

       (1) "Annexation period" means a period of one, two, or three984
consecutive twelve-month periods, whichever is less, during which985
one or more municipal corporations annex territory of a township986
that includes at least fifteen per cent but less than one hundred987
per cent of the total taxable value of the real, public utility,988
and tangible personal property subject to taxation in that989
township in the base year. No annexation period shall include a990
month that is part of another annexation period.991

       (2) "Base year" means the calendar year immediately992
preceding an annexation period.993

       (3) "Taxes" means the real and public utility property taxes994
charged by a township in the base year or, in an annexation under995
division (F) of this section, the real, public utility, and996
tangible personal property taxes that would have been charged by997
the township, if no annexation had occurred, in the year998
immediately preceding the year in which the payment is made, and999
payable after the reduction required by section 319.301 of the1000
Revised Code but prior to the reduction required by section1001
319.302 of the Revised Code, and the taxes levied for such year by1002
the township against tangible personal property. "Taxes" excludes1003
taxes for the payment of debt charges.1004

       (4) "Township taxes in the annexed territory" means the1005
taxes against the real, public utility, and tangible personal1006
property subject to taxation in the base year in territory annexed1007
from the township to a municipal corporation during an annexation1008
period or, in an annexation under division (F) of this section,1009
the taxes against the real, public utility, and tangible personal1010
property that would have been subject to taxation in the annexed1011
territory in the year immediately preceding the year in which the1012
payment is to be made, if no annexation had occurred.1013

       (5) "International airport" means any airport that is:1014

       (a) Designated as an international airport or a landing1015
rights airport by the United States secretary of the treasury;1016

       (b) Owned and operated by a municipal corporation;1017

       (c) An unincorporated area not contiguous to the municipal1018
corporation that owns it.1019

       (2) "Commercial," "industrial," "residential," and "retail,"1020
in relation to property, mean property classified as such by the1021
tax commissioner for the purposes of valuing property for1022
taxation, except that "commercial," in relation to property, does1023
not include any property classified as "retail."1024

       (B) If the annexation of territory of any township by one or1025
more municipal corporations under this chapter constitutes an1026
annexation period of twelve consecutive months, except as provided1027
in division (G) of this section, each municipal corporation that1028
annexed territory of that township during that annexation period1029
shall pay the township during each of the seven years following1030
the annexation period:1031

       (1) In each of the first three years, one hundred per cent1032
of the township taxes in the annexed territory;1033

       (2) In the fourth year, eighty per cent of the township1034
taxes in the annexed territory;1035

       (3) In the fifth year, sixty per cent of the township taxes1036
in the annexed territory;1037

       (4) In the sixth year, forty per cent of the township taxes1038
in the annexed territory;1039

       (5) In the seventh year, twenty per cent of the township1040
taxes in the annexed territory.1041

       (C) If the annexation of territory of any township by one or1042
more municipal corporations under this chapter constitutes an1043
annexation period of thirteen to twenty-four consecutive months,1044
except as provided in division (G) of this section, each municipal1045
corporation that annexed territory of that township during that1046
annexation period shall pay the township during each of the six1047
years following the annexation period:1048

       (1) In each of the first two years, one hundred per cent of1049
the township taxes in the annexed territory;1050

       (2) In the third year, eighty per cent of the township taxes1051
in the annexed territory;1052

       (3) In the fourth year, sixty per cent of the township taxes1053
in the annexed territory;1054

       (4) In the fifty year, forty per cent of the township taxes1055
in the annexed territory;1056

       (5) In the sixth year, twenty per cent of the township taxes1057
in the annexed territory.1058

       (D) If the annexation of territory of any township by one or1059
more municipal corporations under this chapter constitutes an1060
annexation period of twenty-five to thirty-six consecutive months,1061
except as provided in division (G) of this section, each municipal1062
corporation that annexed territory of that township during that1063
annexation period shall pay the township during each of the five1064
years following the annexation period:1065

       (1) In the first year, one hundred per cent of the township1066
taxes in the annexed territory;1067

       (2) In the second year, eighty per cent of the township1068
taxes in the annexed territory;1069

       (3) In the third year, sixty per cent of the township taxes1070
in the annexed territory;1071

       (4) In the fourth year, forty per cent of the township taxes1072
in the annexed territory;1073

       (5) In the fifth year, twenty per cent of the township taxes1074
in the annexed territory unincorporated territory is annexed to a1075
municipal corporation and excluded from a township under section1076
503.07 of the Revised Code, upon exclusion of that territory, the1077
municipal corporation that annexed the territory shall make1078
payments to the township from which the territory was annexed only1079
as provided in this section, except that, if the legislative1080
authority of the municipal corporation enters into an agreement1081
under section 701.07, 709.191, or 709.192 of the Revised Code with1082
the township from which the territory was annexed that makes1083
alternate provisions regarding payments by the municipal1084
corporation, then the payment provisions in that agreement shall1085
apply in lieu of the provisions of this section.1086

       (C)(1) Except as provided in division (C)(2) of this1087
section, the municipal corporation that annexed the territory1088
shall make the following payments to the township from which the1089
territory was annexed with respect to commercial and industrial1090
real, personal, and public utility property taxes using the1091
property valuation for the year that the payment is due:1092

       (a) In the first through third years following the1093
annexation and exclusion of the territory from the township,1094
eighty per cent of the township taxes in the annexed territory1095
that would have been due the township for commercial and1096
industrial real, personal, and public utility property taxes if no1097
annexation had occurred;1098

       (b) In the fourth and fifth years following the annexation1099
and the exclusion of the territory from the township, sixty-seven1100
and one-half per cent of the township taxes in the annexed1101
territory that would have been due the township for commercial and1102
industrial real, personal, and public utility property taxes if no1103
annexation had occurred;1104

       (c) In the sixth and seventh years following the annexation1105
and exclusion of the territory from the township, sixty-two and1106
one-half per cent of the township taxes in the annexed territory1107
that would have been due the township for commercial and1108
industrial real, personal, and public utility property taxes if no1109
annexation had occurred;1110

       (d) In the eighth and ninth years following the annexation1111
and exclusion of the territory from the township, fifty-seven and1112
one-half per cent of the township taxes in the annexed territory1113
that would have been due the township for commercial and1114
industrial real, personal, and public utility property taxes if no1115
annexation had occurred;1116

       (e) In the tenth through twelfth years following the1117
annexation and exclusion of the territory from the township,1118
forty-two and one-half per cent of the township taxes in the1119
annexed territory that would have been due the township for1120
commercial and industrial real, personal, and public utility1121
property taxes if no annexation had occurred.1122

       (2) If there has been an exemption by the municipal1123
corporation of commercial and industrial real, personal, or public1124
utility property taxes pursuant to section 725.02, 1728.10,1125
3735.67, 5709.40, 5709.41, 5709.62, or 5709.88 of the Revised1126
Code, there shall be no reduction in the payments owed to the1127
township due to that exemption. The municipal corporation shall1128
make payments to the township under division (C)(1) of this1129
section, calculated as if the exemption had not occurred.1130

       (D) The municipal corporation that annexed the territory1131
shall make the following payments to the township from which the1132
territory was annexed with respect to residential and retail real1133
property taxes using the property valuation for the year that the1134
payment is due:1135

       (1) In the first through third years following the1136
annexation and exclusion of the territory from the township,1137
eighty per cent of the township taxes in the annexed territory1138
that would have been due the township for residential and retail1139
real property taxes if no annexation had occurred;1140

       (2) In the fourth and fifth years following the annexation1141
and exclusion of the territory from the township, fifty-two and1142
one-half per cent of the township taxes in the annexed territory1143
that would have been due the township for residential and retail1144
real property taxes if no annexation had occurred;1145

       (3) In the sixth through tenth years following the1146
annexation and exclusion of the territory from the township, forty1147
per cent of the township taxes in the annexed territory that would1148
have been due the township for residential and retail real1149
property taxes if no annexation had occurred;1150

       (4) In the eleventh and twelfth years following the1151
annexation and exclusion of the territory from the township,1152
twenty-seven and one-half per cent of the township taxes in the1153
annexed territory that would have been due the township for1154
residential and retail real property taxes if no annexation had1155
occurred.1156

       (E) If, pursuant to division (F) of this section, a1157
municipal corporation annexes an international airport that it1158
owns, the municipal corporation shall pay the township one hundred1159
per cent of the township taxes in the annexed territory that would1160
have been due the township, if no annexation had occurred, for1161
each of the twenty-five years following the annexation.1162

       (F)(1) Notwithstanding any other provision of this chapter,1163
a board of county commissioners may authorize a municipal1164
corporation to annex an international airport that the municipal1165
corporation owns. Unless a contract is entered into pursuant to1166
division (F)(2) of this section, any municipal corporation that1167
annexes an international airport under this division shall make1168
payments to the township from which the international airport is1169
annexed, in the manner provided in division (E) of this section.1170
No territory annexed pursuant to this division shall be considered1171
part of the municipal corporation for the purposes of subsequent1172
annexation, except that the board of county commissioners may1173
authorize subsequent annexation under this division if the board1174
determines that such subsequent annexation is necessary to the1175
continued operation of the international airport.1176

       (2) The chief executive of a municipal corporation that1177
annexes territory pursuant to this division may enter into a1178
contract with the board of township trustees of the township that1179
loses the territory whereby the township agrees to provide the1180
annexed territory with police, fire, or other services it is1181
authorized to provide in exchange for specified consideration as1182
agreed upon by the board of township trustees and the chief1183
executive. In no instance shall the consideration received by the1184
township be less than the payments that would be required under1185
division (F)(1) of this section if no contract were entered into.1186

       (G) If after an annexation period for which payments are1187
being made or are to be made to a township by one or more1188
municipal corporations under division (B), (C), or (D) of this1189
section, the remainder of the unincorporated territory of the1190
township is annexed to another municipal corporation or1191
incorporates as a municipal corporation, the balance of the1192
payments due the township under division (B), (C), or (D) of this1193
section shall be made to the municipal corporation to which the1194
remainder of the township territory was annexed or to the1195
municipal corporation incorporated from the remainder of the1196
township territory.1197

       No payment shall be made to a municipal corporation pursuant1198
to this division unless the remainder of the unincorporated1199
territory of the township referred to in this division constitutes1200
at least fifty per cent of the area of the unincorporated area of1201
the township prior to the annexation period.1202

       (H) After consultation with the chief executive officer of1203
the municipal corporation and the board of township trustees, the1204
county auditor shall determine by which of the following methods1205
the municipal corporations that annexed township territory shall1206
pay the township the amounts prescribed in divisions (B) to (F) of1207
this section, except that if the payments are made pursuant to1208
division (G) of this section, they shall be made by the first1209
method listed below:1210

       (1) The county auditor shall issue a warrant semiannually1211
against the taxes charged and payable against real and public1212
utility property located in the municipal corporation and the1213
taxes levied against tangible personal property located in the1214
municipal corporation, and the county treasurer shall distribute1215
such amount to the township or, pursuant to division (G) of this1216
section, to the municipal corporation to which the remainder of1217
the township territory was annexed or to the municipal corporation1218
incorporated from the remainder of the township territory; or1219

       (2) The county budget commission shall pay such amounts to1220
the township from the amount apportioned to the municipal1221
corporations from the undivided local government fund. The1222
payment shall be over and above the amount apportioned to the1223
township pursuant to section 5747.51 or 5747.53 of the Revised1224
Code, and the apportionment of the municipal corporations shall be1225
reduced by like amounts.1226

       (I) Upon written notification to the county auditor and the1227
chief executive officer of each municipal corporation that annexes1228
township territory during an annexation period, a board of1229
township trustees may decline to accept the payments required1230
under divisions (B), (C), (D), and (F) of this section, and a1231
municipal corporation may decline to accept the payments required1232
under division (G) of this section.1233

       A municipal corporation need not make any payment required by1234
this section if its legislative authority enters into an agreement1235
under section 709.191 of the Revised Code.1236

       Sec. 709.192. (A) The legislative authority of one municipal1237
corporation, by ordinance or resolution, and the board of township1238
trustees of one or more townships, by resolution, may enter into1239
annexation agreements under this section.1240

       (B) An annexation agreement may be entered into for any1241
period of time and may be amended at any time in the same manner1242
as it was initially authorized.1243

       (C) Annexation agreements may provide for any of the1244
following:1245

       (1) The territory to be annexed;1246

       (2) Any periods of time during which no annexations will be1247
made and any areas that will not be annexed;1248

       (3) Land use planning matters;1249

       (4) The provision of joint services and permanent1250
improvements within incorporated or unincorporated areas;1251

       (5) The provision of services and improvements by a1252
municipal corporation in the unincorporated areas;1253

       (6) The provision of services and improvements by a township1254
within the territory of a municipal corporation;1255

       (7) The payment of service fees to a municipal corporation1256
by a township;1257

       (8) The payment of service fees to a township by a municipal1258
corporation;1259

       (9) The reallocation of the minimum mandated levies1260
established pursuant to section 5705.31 of the Revised Code1261
between a municipal corporation and a township in areas annexed1262
after the effective date of this section;1263

       (10) The issuance of notes and bonds and other debt1264
obligations by a municipal corporation or township for public1265
purposes authorized by or under an annexation agreement and1266
provision for the allocation of the payment of the principal of,1267
interest on, and other charges and costs of issuing and servicing1268
the repayment of the debt;1269

       (11) Agreements by a municipal corporation and township,1270
with owners or developers of land to be annexed, or with both1271
those landowners and land developers, concerning the provision of1272
public services, facilities, and permanent improvements;1273

       (12) The application of tax abatement statutes within the1274
territory covered by the annexation agreement subsequent to its1275
execution;1276

       (13) Changing township boundaries under Chapter 503. of the1277
Revised Code to exclude newly annexed territory from the original1278
township and providing services to that territory;1279

       (14) Payments in lieu of taxes, if any, to be paid to a1280
township by a municipal corporation, which payments may be in1281
addition to or in lieu of other payments required by law to be1282
made to the township by that municipal corporation;1283

       (15) Any other matter pertaining to the annexation or1284
development of publicly or privately owned territory.1285

       (D) Annexation agreements shall not be in derogation of the1286
powers granted to municipal corporations by Article XVIII, Ohio1287
Constitution, by any other provisions of the Ohio Constitution, or1288
by the provisions of a municipal charter, nor shall municipal1289
corporations and townships agree to share proceeds of any tax1290
levy, although those proceeds may be used to make payments1291
authorized in an annexation agreement.1292

       (E) If any party to an annexation agreement believes another1293
party has failed to perform its part of any provision of that1294
agreement, including the failure to make any payment of moneys due1295
under the agreement, that party shall give notice to the other1296
party clearly stating what breach has occurred. The party1297
receiving the notice has ninety days from the receipt of that1298
notice to cure the breach. If the breach has not been cured1299
within that ninety-day period, the party that sent the notice may1300
sue for recovery of the money due under the agreement, sue for1301
specific enforcement of the agreement, or terminate the agreement1302
upon giving notice of termination to all the other parties.1303

       (F) In order to promote economic development or to provide1304
appropriate state functions and services to any part of the state,1305
the state may become a party to an annexation agreement upon the1306
approval of the director of development and with the written1307
consent of the legislative authority of the municipal corporation1308
and each of the boards of township trustees that are parties to1309
the agreement.1310

       (G) The board of county commissioners, by resolution, or any1311
person, upon request, may become a party to an annexation1312
agreement, but only upon the approval of the legislative authority1313
of the municipal corporation and each of the boards of township1314
trustees that are parties to the agreement, except that, if the1315
state is a party to the agreement, the director of development is1316
responsible for giving the approval.1317

       (H) The powers granted by this section and any annexation1318
agreement entered into under this section shall be liberally1319
construed to allow parties to these agreements to carry out the1320
agreements' provisions relevant to government improvements,1321
facilities, and services, and to promote and support economic1322
development and the creation and preservation of economic1323
opportunities.1324

       Sec. 709.21.  No error, irregularity, or defect in the1325
proceedings under sections 709.01 to 709.20, inclusive, of the1326
Revised Code, shall render them invalid, if once annexation has1327
become final and the annexed territory has been recognized as a1328
part of the annexing municipal corporation, and taxes levied upon1329
it as such have been paid, and it has been subjected to the1330
authority of the legislative authority of such the annexing1331
municipal corporation, without objection from the inhabitants of1332
such territory.1333

       Sec. 929.02.  (A) Any person who owns agricultural land may1334
file an application with the county auditor to place the land in1335
an agricultural district for five years if, during the three1336
calendar years prior to the year in which that person files the1337
application, the land has been devoted exclusively to agricultural1338
production or devoted to and qualified for payments or other1339
compensation under a land retirement or conservation program under1340
an agreement with an agency of the federal government and if:1341

       (1) The land is composed of tracts, lots, or parcels that1342
total not less than ten acres; or1343

       (2) The activities conducted on the land produced an average1344
yearly gross income of at least twenty-five hundred dollars during1345
that three-year period or the owner has evidence of an anticipated1346
gross income of that amount from those activities. The owner1347
shall submit with the application proof that the owner's land1348
meets the requirements established under this division. If the1349
county auditor determines that the application does not meet the1350
requirements of this section, the county auditor shall deny the1351
application and notify the applicant by certified mail, return1352
receipt requested, within thirty days of the filing of the1353
application. The applicant may appeal the denial of the1354
application to the court of common pleas of the county in which1355
the application was filed within thirty days of the receipt of the1356
notice. If the county auditor determines that the application1357
meets the requirements of this section, the county auditor shall1358
approve the application and notify the applicant within thirty1359
days of the filing of the application. An application that is not1360
denied shall be deemed to be approved. The county auditor shall1361
provide an applicant with a copy of an approved application within1362
thirty days of the filing of the application. An application that1363
is approved is effective upon the date of the filing of the1364
application.1365

       The county auditor shall keep a record of all land in the1366
county that is within an agricultural district, including a copy1367
of the final action taken by a legislative body regarding1368
applications modified by a legislative body pursuant to division1369
(B) of this section.1370

       (B) If the land of a person who files an application under1371
division (A) of this section is within a municipal corporation or1372
if an annexation petition that includes the land has been filed1373
with the board of county commissioners under section 709.03 709.021374
of the Revised Code at the time of the filing, the owner also1375
shall file a copy of the application for inclusion in an1376
agricultural district with the clerk of the legislative body of1377
the municipal corporation. No later than thirty days after the1378
filing of an application, or, in the case of an annexation1379
petition filed pursuant to section 709.03 709.02 of the Revised1380
Code, no later than thirty days after the petition has been1381
granted, the legislative body shall conduct a public hearing on1382
the application. The clerk of the legislative body shall cause a1383
notice containing the substance of the application and the time1384
and place where it will be heard to be published in a newspaper of1385
general circulation in the county in which the application or1386
annexation petition is filed no later than seven days prior to the1387
time fixed for the hearing. The clerk of the legislative body1388
also shall notify the applicant of the time and place of the1389
hearing by certified mail sent no later than ten days prior to the1390
hearing. Any interested person or representative of an interested1391
person may appear in support of or to contest the granting of the1392
application. Affidavits presented in support of or against the1393
application shall be considered by the legislative body. Within1394
thirty days of the hearing, the legislative body may approve the1395
application, modify the application and approve the application1396
as modified, or reject the application. An application that is1397
not modified or rejected by a majority vote of the members of the1398
legislative body shall be deemed to be approved. Prior to1399
rejecting an application, the legislative body shall make every1400
effort to modify the application. Modifications may include the1401
length of time during which land is considered to be within an1402
agricultural district, size of the agricultural district as well1403
as, and any provisions of sections 929.03 to 929.05 of the Revised1404
Code. If the applicant disapproves of the modifications made by1405
the legislative body, the applicant may withdraw the application1406
to place the land in an agricultural district. In rejecting or1407
modifying an application to place land in an agricultural1408
district, the legislative body shall demonstrate that the1409
rejection or modification is necessary to prevent a substantial,1410
adverse effect on the provision of municipal services within the1411
municipal corporation, efficient use of land within the municipal1412
corporation, the orderly growth and development of the municipal1413
corporation, or the public health, safety, or welfare.1414

       If an annexation petition is denied under section 709.031415
709.033 of the Revised Code, or if a legislative body fails to1416
conduct a hearing in the time prescribed by this section, or if an1417
application is approved, the application shall be deemed to have1418
been approved and shall become effective as of the date the1419
application was filed. An application approved with modifications1420
shall become effective as of the date the application was filed1421
unless the modification provides otherwise.1422

       The clerk of the legislative body shall notify the applicant1423
by certified mail, return receipt requested, sent within five days1424
of the decision to approve, modify, or reject an application for1425
inclusion of land in an agricultural district. The clerk of the1426
legislative body shall also transmit a copy of the decision to1427
approve, modify, or reject an application to the county auditor.1428
An applicant may appeal a decision to modify or reject an1429
application to the court of common pleas of the county in which1430
the application was filed within thirty days of the receipt of the1431
notice of modification or rejection.1432

       (C) At any time after the first Monday in January and prior1433
to the first Monday in March of the year during which an1434
agricultural district terminates, the owner of land in the1435
agricultural district may file a renewal application to continue1436
the inclusion of all or part of the owner's land in an1437
agricultural district for a period of time ending on the first1438
Monday in April of the fifth year following the renewal1439
application. The requirements for continued inclusion in the1440
agricultural district and the renewal application procedure shall1441
be the same as those required for the original application for1442
placing land in an agricultural district. The county auditor1443
shall notify owners of land in agricultural districts eligible to1444
file a renewal application for continued inclusion in an1445
agricultural district on or prior to the first Monday in February1446
or the date upon which the county auditor notifies owners of land1447
valued at agricultural use value for real property tax purposes of1448
the necessity of filing a renewal application to continue valuing1449
the land at agricultural use value. On or before the second1450
Tuesday after the first Monday in March, the county auditor shall1451
determine whether the owner of any land in an agricultural1452
district eligible to file a renewal application failed to file a1453
renewal application with respect to such that land and shall1454
forthwith notify each such owner of the land by certified mail1455
that unless a renewal application is filed prior to the first1456
Monday in April, the land will be removed from the agricultural1457
district upon its termination date. An approved renewal1458
application is effective on the termination date of the preceding1459
agricultural district. Failure of an owner to file a renewal1460
application prior to the first Monday in April of the year during1461
which the owner's agricultural district terminates shall not1462
prevent the owner from filing an application to include the1463
owner's land in an agricultural district.1464

       Land that is transferred to a new owner during the period in1465
which the land is an agricultural district shall continue in the1466
agricultural district under the terms of the existing district1467
unless the new owner elects to discontinue inclusion in the1468
agricultural district and files the election with the county1469
auditor within sixty days after the transfer. Failure of the new1470
owner to continue inclusion in the agricultural district for the1471
duration of the period in which the land is in the agricultural1472
district is withdrawal from an agricultural district subject to1473
penalty.1474

       (D) If, at any time during which land is in an agricultural1475
district, the owner withdraws the land from the district, the1476
owner shall notify the county auditor of the withdrawal and shall1477
pay to the county auditor a withdrawal penalty calculated as1478
follows:1479

       (1) If the owner's action also disqualifies the owner's1480
land for any tax savings that it had been receiving under sections1481
5713.30 to 5713.38 of the Revised Code, the owner shall pay a1482
percentage of the amount charged under section 5713.34 of the1483
Revised Code that is equal to the average bank prime rate at the1484
time the amount charged under that section is required to be paid.1485
The withdrawal penalty shall be in addition to the amount charged1486
under that section.1487

       (2) If the land had not been receiving any tax savings under1488
those sections, or if the owner's action does not disqualify the1489
land for tax savings under them, the owner shall pay a percentage1490
of the amount that would have been charged under section 5713.341491
of the Revised Code if the owner's land had been receiving tax1492
savings and became disqualified for them in an amount that is1493
equal to the average bank prime rate at the time the amount that1494
would have been charged under that section would have been1495
required to be paid.1496

       For the purposes of divisions (D)(1) and (2) of this section,1497
the county auditor shall determine the average bank prime rate1498
using statistical release H.15, "selected interest rates," a1499
weekly publication of the federal reserve board, or any successor1500
publication. If the statistical release H.15, or its successor,1501
ceases to contain the bank prime rate information or ceases to be1502
published, the county auditor shall request a written statement of1503
the average bank prime rate from the federal reserve bank of1504
Cleveland or the federal reserve board.1505

       The county auditor shall calculate the amount of the1506
withdrawal penalty that is due and shall notify the owner of it.1507
The auditor also shall note the withdrawal in the auditor's1508
records.1509

       The county auditor shall distribute the moneys collected1510
under division (D) of this section in the manner provided in1511
section 5713.35 of the Revised Code for moneys that the county1512
auditor collects under that section.1513

       (E) Land that is included in an agricultural district under1514
this section and that is subsequently annexed by a municipal1515
corporation shall not be subject to division (B) of this section1516
either at the time of annexation or at the time of any subsequent1517
application or renewal application for inclusion in the district1518
if, at the time of annexation, its owner did not sign a petition1519
favoring annexation under section 709.02 of the Revised Code or1520
vote for annexation in an election held in accordance with section1521
709.17 of the Revised Code. If its owner did sign a petition1522
favoring annexation or vote for annexation, as provided in those1523
sections that section, or if the owner who opposed annexation has1524
sold or transferred the land to another person who is keeping the1525
land in the agricultural district, the land shall be subject to1526
division (B) of this section at the time of any subsequent1527
application or renewal application for inclusion in the district.1528

       (F) The director of agriculture shall prescribe the1529
application and renewal forms required under this section and1530
shall furnish them to county auditors. In prescribing the forms,1531
the director shall consult with the tax commissioner to determine1532
if a single form can be developed for the purposes of this section1533
and section 5713.31 of the Revised Code.1534

       Sec. 5705.31.  The county auditor shall present to the county1535
budget commission the annual tax budgets submitted to him under1536
sections 5705.01 to 5705.47 of the Revised Code, together with an1537
estimate prepared by such the auditor of the amount of any state1538
levy, the rate of any school tax levy as previously determined,1539
the tax commissioner's estimate of the amount to be received in1540
the county library and local government support fund, and such1541
other information as the commission requests or the tax1542
commissioner prescribes. The budget commission shall examine such1543
budget and ascertain the total amount proposed to be raised in the1544
county for the purposes of each subdivision and other taxing units1545
therein in the county.1546

       The commission shall ascertain that the following levies have1547
been properly authorized and, if so authorized, shall approve them1548
without modification:1549

       (A) All levies in excess of the ten-mill limitation;1550

       (B) All levies for debt charges not provided for by levies1551
in excess of the ten-mill limitation, including levies necessary1552
to pay notes issued for emergency purposes;1553

       (C) The levies prescribed by division (B) of sections 742.331554
and 742.34 of the Revised Code;1555

       (D) A Except as otherwise provided in this division, a1556
minimum levy within the ten-mill limitation for the current1557
expense and debt service of each subdivision or taxing unit, which1558
shall equal two-thirds of the average levy for current expenses1559
and debt service allotted within the fifteen-mill limitation to1560
such subdivision or taxing unit during the last five years the1561
fifteen-mill limitation was in effect unless such subdivision or1562
taxing unit requests an amount requiring a lower rate. Except as1563
provided in section 5705.312 of the Revised Code, if the levies1564
required in divisions (B) and (C) of this section for the1565
subdivision or taxing unit equal or exceed the entire minimum levy1566
of the subdivision as fixed, the minimum levies of the other1567
subdivisions or taxing units shall be reduced by the commission to1568
provide for the levies and an operating levy for the subdivision.1569
Such additional levy shall be deducted from the minimum levies of1570
each of the other subdivisions or taxing units, but the operating1571
levy for a school district shall not be reduced below a figure1572
equivalent to forty-five per cent of the millage available within1573
the ten-mill limitation after all the levies in divisions (B) and1574
(C) of this section have been provided for.1575

       If a municipal corporation and a township have entered into1576
an annexation agreement under section 709.192 of the Revised Code1577
in which they agree to reallocate their shares of the minimum1578
levies established under this division and if that annexation1579
agreement is submitted along with the annual tax budget of both1580
the township and the municipal corporation, then, when determining1581
the minimum levy under this division, the auditor shall allocate,1582
to the extent possible, the minimum levy for that municipal1583
corporation and township in accordance with their annexation1584
agreement.1585

       (E) The levies prescribed by section 3709.29 of the Revised1586
Code.1587

       Divisions (A) to (E) of this section are mandatory and1588
commissions shall be without discretion to reduce such minimum1589
levies except as provided in such divisions.1590

       If any debt charge is omitted from the budget, the commission1591
shall include it therein.1592

               Sec. 5705.315. With respect to annexations granted on or1593
after the effective date of this section and during any tax year1594
or years within which any territory annexed to a municipal1595
corporation is part of a township, the minimum levy for the1596
municipal corporation and township under section 5705.31 of the1597
Revised Code shall not be diminished, except that in the annexed1598
territory and only during those tax year or years, and in order to1599
preserve the minimum levies of overlapping subdivisions under1600
section 5705.31 of the Revised Code so that the full amount of1601
taxes within the ten-mill limitation may be levied to the extent1602
possible, the minimum levy of the municipal corporation or1603
township shall be the lowest of the following amounts:1604

       (A) An amount that when added to the minimum levies of the1605
other overlapping subdivisions equals ten mills;1606

       (B) An amount equal to the minimum levy of the municipal1607
corporation or township, provided the total minimum levy does not1608
exceed ten mills.1609

       The municipal corporation and the township may enter into an1610
agreement to determine the municipal corporation's and the1611
township's minimum levy under this section. If it cannot be1612
determined what minimum levy is available to each and no agreement1613
has been entered into by the municipal corporation and township,1614
the municipal corporation and township shall each receive one-half1615
of the millage available for use within the portion of the1616
territory annexed to the municipal corporation that remains part1617
of the township.1618

       Section 2.  That existing sections 505.62, 709.02, 709.03,1619
709.032, 709.033, 709.04, 709.13, 709.14, 709.15, 709.19, 709.21,1620
929.02, and 5705.31 and sections 709.031, 709.07, 709.08, 709.09,1621
709.11, 709.16, 709.17, and 709.18 of the Revised Code are hereby1622
repealed.1623

       Section 3.  The provisions of Section 1 of this act shall1624
apply only to annexation petitions filed on or after the effective1625
date of this act. All annexation petitions filed before the1626
effective date of this act shall be processed under the provisions1627
of Chapter 709. of the Revised Code in effect at the time a1628
particular petition was filed.1629

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