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Sub. H. B. No. 256As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Setzer, Fessler, McGregor, Allen, Seaver, Seitz, Sferra, Wolpert, Willamowski, Barrett, Carano, Chandler, Combs, C. Evans, Flowers, Hughes, Key, Martin, Otterman, T. Patton, Price, Schmidt, Webster
A BILL
To amend sections 709.45 to 709.48 and to
enact sections 709.461 and 709.462
of the Revised Code to revise the
Merger Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 709.45, 709.46,
709.47, and 709.48 be amended and
sections 709.461 and 709.462 of
the Revised Code be
enacted to read as follows:
Sec. 709.45. (A) A petition may be filed with the board of
elections proposing that one or more municipal corporations be
merged with another municipal corporation, or that the
unincorporated area of a township be merged with one or more
municipal
corporations, as provided by section 709.44 of the
Revised Code.
Such
The
petition may be presented in separate
petition papers. Each
such petition paper shall contain, in
concise language, the
purpose of the petition and
the names of not
less than five
electors of each
such
affected
municipal
corporation, or
the names of not
less than five electors
of the
unincorporated area of
such
the
township and
the names of
not less
than five electors of each
affected
municipal
corporation,
to be nominated
to serve as commissioners. The
petition
shall be governed by the
rules of section 3501.38 of
the Revised
Code.
Such
The petition
shall contain signatures of
electors of
each municipal corporation
or of each municipal corporation and
the unincorporated
area of
the township proposed to be merged and
signatures of
electors of
the municipal corporation with which
merger is
proposed, numbering
not less than ten per cent of the
number of
electors residing in
each such political subdivision who
voted
for the office of
governor at the most recent general
election
for
such
that office.
Such
(B) The petition shall be filed with the board of
elections
of the county in which the largest portion of the
population of
the municipal corporation with which merger is
proposed resides.
Such
The board of elections shall cause the
validity of all
signatures to be ascertained and, in doing so, may
require the
assistance of boards of elections of other counties
as the case
requires. If the petition is sufficient, the board
of elections
of the county in which the petition is required to
be filed shall
submit the question: "Shall a commission be
chosen to draw up a
statement of conditions for merger of the
political subdivisions
of ........., ..........., and
...........?" for the approval or
rejection of the electors of
each political subdivision proposed
to be merged and the electors
of the municipal corporation to
which merger is proposed at the
next general election, in any
year, occurring subsequent to the
period ending seventy-five days
after the filing of
such
petitions
the petition with the board.
Provision shall be made on the ballot
for the election, from each
of the component political
subdivisions, of five electors who
shall constitute the
commission to draw up the statement of
conditions for merger of
the political subdivisions. If any of
the political subdivisions
for which merger is proposed are
located wholly or partially in a
county other than the one in
which the petition is required to be
filed, the board of elections
of the county in which
such
the
petition is filed shall, if the
petition is found to be
sufficient, certify the sufficiency of
such
the petition and the
statement of the issue to be voted on to
the boards of elections
of
such
those other counties,; the boards
of elections of
such
those other
counties shall submit the
question of merging
and the names of
candidates to be elected
to
the commission to draw up the
statement of conditions for merger, for the
approval or rejection of the
electors in the portions of
such
those political subdivisions within
their respective counties,;
and, upon the holding of
such
the election,
the boards of
elections of those other counties
shall certify the
result thereof
election results to the board of elections of the
county in which
the petition is required to be filed.
(C) In addition to the filing of the petition with the board
of elections as provided in division (B) of this section, a copy
of the petition shall be filed with the legislative authority of
each affected municipal corporation and, if applicable, the board
of township trustees of the affected township. At a public meeting scheduled not less than
thirty days before the date of the election at which the question
of merging goes before the electors, each of those legislative
authorities and, if applicable, the board of township trustees
shall state and explain their position on
the proposed merger.
Sec. 709.46.
(A)
If the question of merging one or more
municipal
corporations and the unincorporated
territory
area of a
township, as
provided in section 709.45 of the Revised Code, is
disapproved by
a majority of those voting on it in the township or
a municipal corporation
proposed to be
merged or in the municipal
corporation with which merger is
proposed, no further petitions
shall be filed under that section
proposing the same merger for at
least three years after the date
of
such
that disapproval.
If If the
question of merging
as provided in
section 709.45 of
the Revised
Code is approved by a majority of
those voting on it
in each
political subdivision proposed to be
merged and in the
municipal
corporation with which merger is
proposed,
the five
candidates
from each
such
of those political
subdivision
subdivisions shall
be
elected to the commission to formulate the
conditions of
merging the political subdivisions. The first
meeting of
such
the
commission shall be held in the chamber of the
legislative
authority of the municipal corporation
which
that has
the
smallest population, or, in the case of a merger of the
unincorporated area of a township and one or more municipal
corporations, in
the office of the board of township trustees, at
nine a.m. on the
tenth day after the certification of the election
by the last of
the respective boards of elections to make
such
that certification,
unless
such
that day is a Saturday, Sunday, or
holiday, in which case
such
the first meeting shall be held on the
next day thereafter which
is not a Saturday, Sunday, or holiday.
The
The clerk of the
municipal legislative authority or of the
board of township
trustees in whose chamber or office the first
meeting of the
commission is held shall serve as temporary
chairman
chairperson
until
permanent officers are elected. The
commission shall elect its
own permanent officers and shall
proceed to meet as often as
necessary to formulate conditions for
merger that are
satisfactory to a majority of the members of
such
the commission from
each political subdivision. (B) In case of a vacancy on the commission, the vacancy
shall be filled by an appointee of the legislative authority of
the municipal corporation, or the board of township trustees of
the township, that the prior commissioner represented. The person
appointed to fill the vacancy shall be an elector of that
political subdivision and, if the person is representing a
township, shall reside in the unincorporated area of that
township.
(C) The costs of the commission shall be divided among the
participating political subdivisions in proportion to the
population that each participating political subdivision bears to
the
total population of the territory proposed to be merged. For
these purposes, a township's population shall be based solely upon
the population of the unincorporated area of the township proposed
to be merged. It shall be a proper public purpose for a municipal
corporation or township to expend general fund moneys for these
payments.
(D) All meetings of
a merger
the commission
shall be
subject to the requirements of section 121.22 of the
Revised Code. The conditions of merger may provide for the
election, prior
to the merger, of new officers to govern the
municipal corporation
with which merger is proposed after the
merger is complete,
provided that such a provision does not
conflict with the charter
of the municipal corporation with which
merger is proposed. If
more than one municipal corporation is to be included
in the
merger, the conditions of merger shall designate one of the
municipal
corporations as the municipal corporation into which the
township and any
other municipal corporations involved are being
merged. The conditions of
merger may also provide that the
municipal corporation into which the other
political subdivisions
are to be merged shall amend its existing charter to
include
specified provisions and may state that the merger, if approved,
shall
not become effective until the date on which that municipal
charter includes
the required provisions. In the case of a merger
of a township with a single
municipal corporation, the merger
conditions may also provide for
the annexation of a school
district located wholly within the
township to the school district
of the municipal corporation. As
soon as the conditions have been
agreed upon by a majority of the
members of the commission from
each political subdivision, this
fact shall be reported to the
board of elections of each of the
counties in which the political
subdivisions proposed for merger
are located and the question
shall be submitted to the voters at
the next general election
occurring after the commission is
elected. Regardless of whether
a merger commission of a township
and a municipal corporation
succeeds in reaching agreement, the
commission shall cease to
exist on the seventy-fifth day prior to
the next general election
after the commission is elected. The
boards of elections shall
submit the conditions of proposed
merger for the approval or
rejection of the electors in the
portions of such political
subdivisions within their respective
counties and, upon the
holding of such election, shall certify
the results thereof to the
board of elections of the county in
which the petition is required
to be filed.
Sec. 709.461. (A) In formulating the proposed merger
conditions, the commission shall attempt to work in a
collaborative process that results in a consensus of its members
as to the best proposal for all of the political subdivisions
involved. To this end, the commission shall adopt rules for the
orderly operation of commission meetings that permit all
commission members to be coleaders, as appropriate, so that
overall no one member has more authority than any of the other
members in determining the proposed conditions. These rules may
create a framework for building agreement among the members to
adopt proposed conditions. The commission also shall seek the
advice of both public and private sources to help the commission
fully study the merger situation so that appropriate conditions
are drafted. If funding permits, the commission may contract with
a dispute resolution expert to help make the process more
collaborative.
(B) When a merger proposal includes the unincorporated area
of a township, the commission shall consider, among the other issues it considers
before adopting its proposed merger conditions, both the increase and decrease of funding sources due
to the unincorporated township territory becoming incorporated
territory. (C) The proposed merger conditions may provide for the
election, prior
to the merger, of new officers to govern the
municipal corporation
with which merger is proposed after the
merger is complete,
provided that the provision does not
conflict
with the charter
of the municipal corporation with which
merger is
proposed. If
more than one municipal corporation is to be
included
in the
merger, the proposed conditions shall designate
one of the
municipal
corporations as the municipal corporation
into which the
township and any
other municipal corporations
involved are being
merged. The proposed conditions also may
provide that the
municipal corporation into which the other
political subdivisions
are to be merged shall amend its existing
charter to
include
specified provisions and may state that the
merger, if approved,
shall
not become effective until the date on
which that municipal
charter includes
the required provisions. In
the case of a merger
of a township with a single
municipal
corporation, the merger
conditions also may provide for
the
annexation of a school
district located wholly within the
township
to the school district
of the municipal corporation.
Sec. 709.462. (A) Once proposed merger conditions are
prepared, the members of the commission shall vote on them. (B) If no proposed merger condition can be agreed upon by a
majority of the members of the commission from each political
subdivision, the members of the commission may vote on whether the
merger should not occur. If, in that situation, a majority of the
members of the commission from each political subdivision votes
against the merger, no further proceedings shall be had on the
petition filed under section 709.45 of the Revised Code, and no further petitions shall be filed under that section proposing a merger of
any or all of the political subdivisions that were the subjects of
that petition for at least three years after the date of the commission's vote. (C) If proposed merger conditions are agreed upon by a
majority of the
members of the commission from
each political
subdivision, the commission shall issue a report listing the
conditions agreed to and the reasoning behind adopting each
condition. In addition, after the next general election occurring
after
the election of the members of the commission, but
not less than seventy-five days
preceding the second general
election occurring after the election of the members of the
commission, the commission, unless it has ceased to exist under division (D) of this section, shall certify the
fact of
that agreement and a list of the agreed-to merger conditions to
the
board of elections of each of the
counties in
which the
political
subdivisions proposed for merger
are located.
The
question of the approval or rejection of the merger conditions
shall be submitted to the voters at
that second general election
occurring after the election of the members of the
commission. The
boards of
elections shall
submit the merger
conditions for the approval or
rejection of the electors in the
portions of the political
subdivisions within their respective
counties, and, upon the
holding of the election, each board of elections other than the board of the county in which the petition is required to be filed shall certify
its
results to the
board
of elections of the county in
which the
petition is required
to be
filed. (D) Regardless of whether
a merger commission succeeds in
reaching an agreement, the
commission shall cease to
exist on the
seventy-fifth day preceding the next general election occurring
after the election of the members of the commission, unless the commission requests an extension of time from the legislative authority of each political subdivision involved and each of those legislative authorities approves the extension. This extension of time may be only until the seventy-fifth day preceding the second general election occurring after the election of the members of the commission. If the commission ceases to exist under this division, no further petitions shall be filed under section 709.45 of the Revised Code proposing a merger of any or all of the political subdivisions that were the subjects of the petition considered by the commission for at least three years after the date the commission ceases to exist.
Sec. 709.47.
(A)
If
the
merger conditions
of merger agreed
upon by a
merger commission of a township and one or more
municipal
corporations are
disapproved by a majority of those
voting on them
in the township
or a municipal corporation proposed
to be merged
or in the municipal
corporation
with which
merger is
proposed, no
further petitions shall be filed under
section 709.45
of the
Revised Code proposing the same merger of any of the territory within that proposed merger for
at least three
years
after the date of
such
that disapproval.
If the If merger
conditions
of merger are approved by a majority of
those voting
on them in
each political subdivision proposed to be
merged and
in the
municipal corporation with which merger is
proposed, the
merger is
effective on the first day of January of
the year
following the
certification of the results of the
election by the
board of
elections with which the petition is
required to be
filed, unless
the conditions specify a different
date, in which
case the date
specified is the effective date of
merger. On and
after
such
the
effective date, the territory of
each political
subdivision
proposed to be merged is annexed to and
included in
the territory
and corporate boundaries of the
municipal
corporation with which
the merger is proposed. The form
of
government, ordinances,
resolutions, and other rules of the
municipal corporation with
which merger is proposed apply
throughout
such
the newly included
territories to the extent they
are
not in conflict with the
conditions approved by the electors.
The charter, if
any, of the
municipal corporation with which
merger is proposed applies
throughout the newly included
territories. The corporate
existence and the offices of the
municipal corporations or of the
township proposed to be merged
terminate on
such
that date.
The (B) The municipal corporation with which
merger is proposed
succeeds to the
following interests of
the
each political
subdivision proposed to be merged in: (A)(1) All moneys, taxes, and special assessments, whether
such
the moneys, taxes, or special assessments are in the
treasury,
or in the process of collection;
(B)(2) All property and interests in property, whether real
or personal;
(C)(3) All rights and interests in contracts or in
securities, bonds, notes, or other instruments;
(D)(4) All accounts receivable and rights of action;
(E)(5) All other matters not included in
division (A),
divisions (B),
(C), or (D)(1) to (4) of this section.
(C) On and after
such
the merger's effective date, the
municipal corporation with which
merger is proposed is liable for
all outstanding franchises,
contracts, debts, and other legal
claims, actions, and
obligations of the political
subdivision
subdivisions proposed to be merged. (D) When a merger proposal includes the unincorporated area of a township, the board of county commissioners of the county in which the unincorporated area is located and the legislative authority of the municipal corporation with which merger is proposed shall negotiate an agreement requiring the county to continue providing within the unincorporated area for a determined period of time after the merger's effective date the county services it was providing within the unincorporated area on the day prior to the merger's effective date. During the negotiation process, each of the following shall occur: (1) Before the merger's effective date, the board of county commissioners and the legislative authority of the municipal corporation shall each create a proposed transition plan that addresses, among other potential issues for agreement between the county and the municipal corporation, the following:
(a) The period of time the county will continue to provide the county services to the unincorporated area and the date upon which the municipal corporation will succeed to the county's responsibility of providing those services;
(b) Payment by the municipal corporation to the county for the continued provision of the county services to the unincorporated area during that period of time. (2) On the merger's effective date, the board of county commissioners and the legislative authority of the municipal corporation shall exchange their proposed transition plans. (3) Within thirty days after the merger's effective date, the board of county commissioners and the legislative authority of the municipal corporation shall meet to discuss the proposed transition plans and the creation of a compromise transition plan that addresses, among other potential issues for agreement between the county and municipal corporation, the issues listed in division (D)(1) of this section. (4) Within sixty days after the date of the meeting between the board of county commissioners and the legislative authority of the municipal corporation under division (D)(3) of this section, the board and the legislative authority shall agree upon a compromise transition plan.
Sec. 709.48. On and after the date on which a petition is
filed with the board of elections under section 709.45 of the
Revised Code for the election of a merger commission for the
merger of one or more municipal corporations and the unincorporated
territory of a township, no petition for the annexation of any
part of the unincorporated territory of the township shall be
filed with a board of county commissioners under section 709.03
or 709.15 of the Revised Code, until one of the following occurs: (A) The question of forming a merger commission is
defeated at the election provided for under section 709.45 of the
Revised Code by a majority of the electors of any one of the
municipal corporations or the unincorporated territory of the
township in which the election is held. (B) The merger commission elected pursuant to section
709.45 of the Revised Code fails to reach agreement on merger conditions
of merger no later than by the seventy-fifth day prior to preceding the next
general election occurring after the election of the members of the commission was elected or, if the time for the commission's existence is extended under division (D) of section 709.462 of the Revised Code, by the date that extension ceases, whichever is later. (C) The merger conditions of merger agreed upon by the merger
commission are defeated by a majority of the electors of any one of
the municipal corporations or the unincorporated territory of the
township in which the election on the conditions is held.
Section 2. That existing sections 709.45,
709.46, 709.47, and 709.48 of the Revised Code
are hereby repealed.
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