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Sub. S. B. No. 36 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Clancy, Mumper, Schaffer, Cates, Wilson, Kearney
Representatives Combs, Chandler, Fende, Mallory, Yuko, Uecker, Wolpert, McGregor, J., Adams, Bacon, Daniels, Dodd, Domenick, Dyer, Evans, Flowers, Hughes, Koziura, Luckie, Lundy, Otterman, Sayre, Schindel, Schneider, Setzer, Williams, B., Yates
A BILL
To amend sections 133.09, 504.01, 504.02, and 505.031
of the
Revised Code and to amend
Section 555.10
of Am. Sub. H.B. 67 of the 127th General Assembly
to authorize transportation projects entered into
on or before May
1, 2008, between transportation
improvement districts and two or
more
governmental agencies for the joint financing of
projects
and to permit townships with a
population
of at least three thousand five
hundred but less
than five thousand in its
unincorporated territory
to adopt a limited home
rule government under
certain conditions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.09, 504.01, 504.02, and 505.031
of the
Revised Code be amended to read as follows:
Sec. 133.09. (A) Unless it is a township that has
adopted a
limited home rule government under Chapter 504. of the
Revised
Code, a township shall not incur net
indebtedness that exceeds an
amount equal to five per cent of its tax valuation and, except as
specifically authorized by section 505.262 of the Revised Code or
other laws,
shall not incur any net indebtedness unless authorized
by vote of the
electors.
(B) A township that
has adopted a limited home rule
government under
Chapter 504. of the Revised Code shall not incur
net
indebtedness that exceeds an amount equal to ten and one-half
per cent of its tax valuation, or incur without a vote of the
electors net indebtedness that exceeds an amount equal to five
and
one-half per cent of that tax valuation. In calculating the
net
indebtedness of a township that has adopted a limited home
rule
government, none of the following securities shall be
considered:
(1) Self-supporting securities issued for any
purpose;
(2) Securities issued for the purpose of purchasing,
constructing, improving, or extending water or sanitary or
surface
and storm water sewerage systems or facilities, or a
combination
of those systems or facilities, to the extent that
an agreement
entered into with another subdivision requires the
other
subdivision to pay to the township amounts equivalent to
debt
charges on the securities;
(3) Securities that are not general obligations of the
township;
(4) Voted securities issued for the purposes of
redevelopment
to the extent that their principal amount does not
exceed an
amount equal to two per cent of the tax valuation of
the township;
(5) Securities issued for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts, or for the
purpose of acquiring or making other highway permanent
improvements, to the extent that the resolution of the board of
township
trustees authorizing the issuance of the securities
includes a covenant
to appropriate from money distributed to the
township under
Chapter 4501., 4503.,
4504., or 5735. of the
Revised Code a sufficient amount to
cover debt charges on and
financing costs relating to the
securities as they become due;
(6) Securities issued for energy conservation measures
under
section 505.264 of the Revised Code.
(C) In calculating the net indebtedness of any
township, no
obligation incurred
under division (B) of section 513.17 or under
section 505.261, 505.264,
505.265, 505.267, or 505.37 of the
Revised Code, or in connection with a project undertaken pursuant
to Section 515.03 of H.B. 66 of the 126th General
Assembly
general assembly or
Section 555.10 of H.B. 67 of the 127th
general assembly,
shall be
considered.
Sec. 504.01. A township that meets the qualifications of
this
section may adopt a limited home rule government in the
manner provided in this section.
(A)(1) If a township has a population of at least three
thousand five hundred but less than five thousand in the
unincorporated territory of the township, a limited home rule
government under which the township exercises limited powers of
local self-government and limited police powers may be adopted if
all the following apply:
(a) The electors of the unincorporated territory of the
township petition the board of township trustees to adopt limited
home rule government;
(b) The petition has been signed by ten per cent of the
electors of the unincorporated territory of the township, as
determined by the total number of votes cast in that territory for
the office of governor at the most recent general election for
that office;
(c) The board of township trustees appoints a township
administrator under division (A)(2) of section 505.031 of the
Revised Code; and
(d) The total amount certified in the official certificate of
estimated resources or in an amended official certificate of
estimated resources for the township under section 5705.36 of the
Revised Code is at least three million five hundred thousand
dollars for the most recently concluded fiscal year.
If the conditions enumerated in this division have been met,
the board shall adopt and certify to the board of elections a
resolution directing the board of elections to submit to the
electors of the unincorporated territory the question whether the
township should adopt a limited home rule government. The question
shall be voted upon at the next general election occurring at
least
seventy-five days after certification of the resolution to
the
board of elections.
(2) If a township has
a population of at least five thousand
but less than fifteen
thousand in the unincorporated territory of
the
township, the board of township trustees, by a majority
vote,
may adopt a resolution causing the board of elections
to submit to
the electors of the unincorporated area of the township
the
question of whether the township should adopt a limited
home rule
government under
which it exercises limited powers of local
self-government and limited
police powers, as authorized by this
chapter.
The question shall be voted upon at the next general
election occurring at least seventy-five days after
certification
of the resolution to the board of
elections.
(B)(3) If a township has
a population of fifteen thousand or
more in the
unincorporated territory of the township, the board of
township
trustees, after at least one public hearing, may do
either of the
following:
(1)(a) By a unanimous
vote, adopt a resolution establishing a
limited
home rule government under which the township exercises
limited powers of
local self-government and limited police powers
as authorized by
this chapter. The resolution shall become
effective thirty days
after the date of its adoption unless within
that thirty-day
period there is presented to the board of township
trustees a
petition, signed by a number of registered electors
residing in
the unincorporated area of the township equal to at
least
ten per cent of the total vote cast for all candidates
for
governor in that area at the most recent
general election at which
a governor was elected, requesting the
board of township trustees
to submit the question of
establishing a limited home rule
government to the electors of
that area for approval or rejection
at a special election to be
held on the day of the next primary or
general election occurring at least
seventy-five days after the
petition is presented. Each
part of the petition shall meet the
requirements specified in
section 3501.38 of the Revised Code.
Upon timely receipt of
the petition, the board of township
trustees shall adopt a
resolution causing the board of elections
to submit to the
electors of the unincorporated area of the
township the question
of whether the township should adopt a
limited home rule
government.
(2)(b) By a majority vote, adopt a resolution causing the
board of elections to submit to the electors of the
unincorporated
area of the township the question of whether the
township should
adopt a limited home rule government under which
it exercises
limited powers of local self-government and limited
police powers,
as authorized by this chapter. The question
shall be voted upon at
the next general election occurring at
least seventy-five days
after certification of the resolution to
the board of elections.
If the population of the unincorporated territory of any
township that
adopts a limited home rule
government under division
(B) or (D) of this section
is fifteen thousand or more, the
township shall be called an "urban
township."
(C) Townships with a population of less than five thousand in
the
unincorporated territory of the township are not permitted to
adopt a limited
home rule government.
(D)(4) If a township meets the population requirements
of
division (A)(2) or (B)(3) of this section, the electors of
the
unincorporated area of the township may
petition the board of
township trustees to adopt a resolution
causing the board of
elections to submit to the electors the
question of whether the
township should adopt a limited
home rule government. Upon receipt
of a
petition
signed by ten per cent of the electors of the
unincorporated area
of the township, as determined by the total
number of votes cast
in that area for the office of governor at
the
most recent
general election for that office, the board of
township trustees
shall adopt the resolution. The
question
shall
be voted upon at the next general election occurring at
least
seventy-five days after the certification of the resolution
to the
board of elections.
(B) If the population of the unincorporated territory of any
township that adopts a limited home rule government under division
(A)(3) or (4) of this section is fifteen thousand or more, the
township shall be called an "urban township."
(C) Except as otherwise provided in division (A)(1) of this
section, townships with a population of less than five thousand in
the unincorporated territory of the township are not permitted to
adopt a limited home rule government.
Sec. 504.02. (A) After certification of a resolution as
provided in division (A), (B), or (D) of
section 504.01 of
the
Revised Code, the board of
elections shall submit the question of
whether to adopt a
limited home rule government to
the electors of
the unincorporated area of the township, and the
ballot language
shall be substantially as follows:
"Shall the township of ........... (name) adopt a limited
home rule government, under which government the board
of township
trustees, by resolution, may exercise limited
powers of local
self-government and limited police powers?
...... |
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For adoption of a limited home rule government |
...... |
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Against adoption of a limited home rule
government" |
(B)(1) At least forty-five days before the election on this
question, the board of township trustees shall have notice of the
election and a description of the proposed limited
home rule
government published in a
newspaper of general circulation in the
township once a week for two consecutive weeks
and have the notice
and description posted in five conspicuous
places in the
unincorporated area of the township.
(2) If a board of elections operates and maintains a web
site, notice of the election and a description of the proposed
limited home rule government shall be posted on that web site for
at least thirty days before the election on this question.
(C) If a majority of the votes cast on the proposition of
adopting a limited
home rule government is in the affirmative,
that government is adopted and becomes the government of
the
township on the first day of January
immediately following the
election.
Sec. 505.031. The (A)(1) Except as otherwise provided in
division (B) of this section, the board of township trustees may
appoint a township
administrator, who shall be the administrative
head of the township under the
direction and supervision of the
board and who shall hold office at the
pleasure of the board.
(2) The board of township trustees shall appoint a township
administrator before the adoption of a resolution under division
(A)(1) of section 504.01 of the Revised Code directing the board
of elections to submit to the electors of the unincorporated
territory of the township the question of whether the township
should adopt a limited home rule government. The administrator
shall be the administrative head of the township under the
direction and supervision of the board and shall hold office at
the pleasure of the board.
(B) In the event that the township administrator is absent
from his
that office by
reason of illness, death, vacation,
resignation, or removal, the
chairman chairperson of
the board or
a qualified person designated by him the
chairperson with the
approval of the
board shall act as township administrator and
perform all duties of such
township office, until such time as the
township administrator returns to
his official
duties or the board
appoints a new township administrator to fill the vacancy.
(C) The board shall fix the salary of the township
administrator and cause the
same to be paid.
Section 2. That existing sections 133.09, 504.01, 504.02, and
505.031
of the Revised Code are hereby repealed.
Section 3. That Section 555.10 of Am. Sub. H.B. 67 of the
127th General Assembly be amended to read as follows:
Section 555.10. (A) On or before December 31, 2007 May 1,
2008, a
transportation improvement district and any two or more
governmental agencies may enter into an agreement providing for
the joint financing of any street, highway, interchange, or other
transportation project. Any such agreement shall be approved by
resolution or ordinance passed by the legislative authority of
each of the parties to such agreement, which resolution or
ordinance shall authorize the execution thereof by a designated
official or officials of each of such parties, and such agreement,
when so approved and executed, shall be in full force and effect.
(B)(1) Subject to division (B)(2) of this section, any party
to such an agreement may issue and, notwithstanding any other
provision of the Revised Code, a district may purchase directly
from the party as an investment, securities to evidence the
obligations of that party to the district pursuant to the
agreement for its portion of the cost of the project pursuant to
Chapter 133. or other applicable provisions of the Revised Code.
(2) More than half of the property necessary for any project
undertaken pursuant to an agreement under this section for which a
district is purchasing securities under division (B)(1) of this
section shall be located within the territory of the
transportation improvement district.
(C) Any term used in this section has the same meaning as
defined in section 5540.01 of the Revised Code, as amended by this
act Am. Sub. H.B. 67 of the 127th General Assembly, unless the
context clearly requires another meaning.
Section 4. That existing Section 555.10 of Am. Sub. H.B. 67
of the 127th General Assembly is hereby repealed.
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