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H. B. No. 289 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Beck, Brenner, Grossman, Henne, Hood, McGregor
A BILL
To amend sections 715.69, 715.691, 715.70, 715.71,
715.72, 715.74, 715.76, 715.761, and 715.771 and
to enact section 715.751 of the Revised Code to
require subdivisions to obtain written approval
from owners and lessees of real property located
within a proposed or existing joint economic
development zone (JEDZ) or joint economic
development district (JEDD) before approving,
amending, or renewing the JEDZ or JEDD contract,
to require that income tax revenue derived from a
JEDZ or JEDD approved, amended, or renewed after
the bill's effective date be used to carry out the
JEDZ or JEDD economic development plan before
being used for other purposes, and to institute
contiguity requirements for which subdivisions may
create a JEDZ or JEDD.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 715.69, 715.691, 715.70, 715.71,
715.72, 715.74, 715.76, 715.761, and 715.771 be amended and
section 715.751 of the Revised Code be enacted to read as follows:
Sec. 715.69. (A) As used in this section:
(1) "Contracting party" means a municipal corporation that
has entered into a joint economic development zone contract or any
party succeeding to such a municipal corporation.
(2) "Contract for utility services" means a contract under
which a municipal corporation agrees to provide to another
municipal corporation water, sewer, electric, or other utility
services necessary to the public health, safety, and welfare.
(3) "Joint economic development zone contract" means a
contract described in and entered into under division (B) of this
section.
(4) "Zone" means a joint economic development zone designated
under this section.
(B)(1) Two or more municipal corporations may enter into a
contract whereby they agree to share in the costs of improvements
for an area or areas located in one or more of the contracting
parties that they designate as a joint economic development zone
for the purpose of facilitating new or expanded growth for
commercial or economic development in the state. Except as
otherwise provided in division (I) of this section, the contract
and zone shall meet the requirements of divisions (B) to (H) and
(J) of this section.
(2) Each contracting party shall be located in the same
county or in a county adjacent to a county in which the territory
of the joint economic development zone is located. The territory
of each contracting party shall be contiguous to the territory of
at least one other contracting party, or contiguous to the
territory of a township, municipal corporation, or county that is
contiguous to another contracting party, even if the intervening
subdivision is not a contracting party. This division does not
invalidate any contract approved by all contracting parties under
division (E) or (I) of this section before the effective date of
...B.... of the 130th general assembly, but no such contract may
be amended or renewed unless the requirements of this division are
met.
(C)(1) The contract shall set forth each contracting party's
contribution to the joint economic development zone. The
contributions may be in any form that the contracting parties
agree to, subject to divisions (G) and (I) of this section, and
may include, but are not limited to, the provision of services,
money, or equipment. The Subject to division (C)(2) of this
section, the contract may provide for the contracting parties to
distribute among themselves, in the manner they agree to, any
municipal income tax revenues derived from the income earned by
persons employed by businesses that locate within the zone after
it is designated by the contracting parties and from the net
profits of such businesses. Except as provided in divisions (G)
and (I) of this section, the contract may be amended, renewed, or
terminated with the consent of the contracting parties.
(2) Municipal income tax revenues derived from the income
earned by persons employed by businesses located within a joint
economic development zone and from the net profits of such
businesses shall be used for the purposes of carrying out the
economic development plan for the zone described in the petitions
of support required under division (J) of this section. Any
municipal income tax revenue derived from the zone and not
appropriated or encumbered for that purpose may be used for the
purposes of the contracting parties pursuant to the contract.
Division (C)(2) of this section does not apply if the tax was
imposed within the zone before the effective date of ...B.... of
the 130th general assembly, unless the joint economic development
zone contract is amended or renewed after such date.
(D) Before the legislative authority of any of the
contracting parties enacts an ordinance approving a contract to
designate a joint economic development zone, the legislative
authority of each of the contracting parties shall hold a public
hearing concerning the contract and zone. Each such legislative
authority shall provide at least thirty days' public notice of the
time and place of the public hearing in a newspaper of general
circulation in the municipal corporation. During the thirty-day
period prior to the public hearing, all of the following documents
shall be available for public inspection in the office of the
clerk of the legislative authority of each of the contracting
parties:
(1) A copy of the contract designating the zone;
(2) A description of the area or areas to be included in the
zone, including a map in sufficient detail to denote the specific
boundaries of the area or areas;
(3) An economic development plan for the zone that includes a
schedule for the provision of any new, expanded, or additional
services, facilities, or improvements.
A public hearing held under division (D) of this section
shall allow for public comment and recommendations on the contract
and zone. The contracting parties may include in the contract any
of those recommendations prior to approval of the contract.
(E) After the public hearings required under division (D) of
this section have been held and, if required under division (J) of
this section, the petitions of support have been collected, each
contracting party may enact an ordinance approving the contract to
designate a joint economic development zone. All such ordinances
enacted after the effective date of ...B.... of the 130th general
assembly shall include at least the information required to be
included in the corresponding petitions of support under division
(J) of this section. After each contracting party has enacted such
an ordinance, the clerk of the legislative authority of each
contracting party shall file with the board of elections of each
county within which a contracting party is located a copy of the
ordinance approving the contract and shall direct the board of
elections to submit the ordinance to the electors of the
contracting party on the day of the next general, primary, or
special election occurring at least ninety days after the
ordinance is filed with the board of elections.
(F) The ballot shall be in the following form:
"Shall the ordinance of the legislative authority of the
(city or village) of (name of contracting party) approving the
contract with (name of each other contracting party) for the
designation of a joint economic development zone be approved?
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FOR THE ORDINANCE AND CONTRACT |
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AGAINST THE ORDINANCE AND CONTRACT |
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If a majority of the electors of each contracting party voting on
the issue vote for the ordinance and contract, the ordinance shall
become effective immediately and the contract shall go into effect
immediately or in accordance with its terms.
(G) If two or more contracting parties previously have
entered into a separate contract for utility services, then
amendment, renewal, or termination of the separate contract for
utility services shall not constitute a part of the consideration
for a joint economic development zone contract unless the
legislative authority of each contracting party determines all of
the following:
(1) That the creation of the joint economic development zone
will facilitate new or expanded growth for commercial or economic
development in this state;
(2) That substantial consideration exists to support the
joint economic development zone contract;
(3) That the contracting parties are entering into the joint
economic development zone contract freely and without duress or
coercion related to the amendment, renewal, or termination of the
separate contract for utility services.
(H) A joint economic development zone contract that does not
satisfy division (G) of this section is void and unenforceable. If
the joint economic development zone contract provides for the
extension of utility service or the provision of utility service
at a lower rate than is currently in effect, any action claiming
duress or coercion relating to a joint economic development zone
contract may be brought only by a contracting party, and must be
brought before the contracting parties enter into the joint
economic development zone contract. The signing of the joint
economic development zone contract as authorized by the
contracting parties is conclusive evidence as to the
determinations set forth under division (G) of this section.
(I) If one of the contracting parties is an impacted city as
defined in division (C) of section 1728.01 of the Revised Code,
then divisions (D) to (F) of this section shall not apply to the
joint economic development zone contract or to the joint economic
development zone to which that contract relates unless the
contracting parties agree that those divisions shall apply.
(J) The legislative authority of any municipal corporation in
which all or part of a joint economic development zone would be
located may not approve, amend, or renew a contract under this
section after the effective date of ...B.... of the 130th general
assembly without first obtaining signed petitions of support from
all owners and lessees of real property located within the joint
economic development zone. The petition shall include the rate of
any municipal income tax that may be levied within the zone and a
description of how revenue from that tax will be utilized. The
petition also shall incorporate in entirety the information
included in the documents described in divisions (D)(1), (2), and
(3) of this section.
Sec. 715.691. (A) As used in this section:
(1) "Contracting party" means a municipal corporation that
has entered into a joint economic development zone contract or any
party succeeding to the municipal corporation, or a township that
entered into a joint economic development zone contract with a
municipal corporation.
(2) "Zone" means a joint economic development zone designated
under this section.
(B)(1) This section provides alternative procedures and
requirements for creating and operating a joint economic
development zone to those set forth in section 715.69 of the
Revised Code. This section applies only if one of the contracting
parties to the zone does not levy a municipal income tax under
Chapter 718. of the Revised Code. A municipal corporation that
does not levy a municipal income tax may enter into an agreement
to create and operate a joint economic development zone under this
section or under section 715.69 of the Revised Code.
(2) Two or more municipal corporations or one or more
townships and one or more municipal corporations may enter into a
contract whereby they agree to share in the costs of improvements
for an area or areas located in one or more of the contracting
parties that they designate as a joint economic development zone
for the purpose of facilitating new or expanded growth for
commercial or economic development in the state. The contract and
zone shall meet the requirements of divisions (B) to (J)(K) of
this section.
(3) Each contracting party shall be located in the same
county or in a county adjacent to a county in which the territory
of the joint economic development zone is located. The territory
of each contracting party shall be contiguous to the territory of
at least one other contracting party, or contiguous to the
territory of a township, municipal corporation, or county that is
contiguous to another contracting party, even if the intervening
subdivision is not a contracting party. This division does not
invalidate any contract approved by all contracting parties under
division (E) of this section before the effective date of ...B....
of the 130th general assembly, but no such contract may be amended
or renewed unless the requirements of this division are met.
(C) The contract shall set forth each contracting party's
contribution to the joint economic development zone. The
contributions may be in any form that the contracting parties
agree to, and may include, but are not limited to, the provision
of services, money, or equipment. The contract may be amended,
renewed, or terminated with the consent of the contracting
parties. The contract shall continue in existence throughout the
term it specifies and shall be binding on the contracting parties
and on any entities succeeding to the contracting parties.
(D) Before the legislative authority of any of the
contracting parties enacts an ordinance or resolution approving a
contract to designate a joint economic development zone, the
legislative authority of each of the contracting parties shall
hold a public hearing concerning the contract and zone. Each
legislative authority shall provide at least thirty days' public
notice of the time and place of the public hearing in a newspaper
of general circulation in the municipal corporation or township.
During the thirty-day period prior to the public hearing, all of
the following documents shall be available for public inspection
in the office of the clerk of the legislative authority of a
municipal corporation that is a contracting party and in the
office of the fiscal officer of a township that is a contracting
party:
(1) A copy of the contract designating the zone;
(2) A description of the area or areas to be included in the
zone, including a map in sufficient detail to denote the specific
boundaries of the area or areas;
(3) An economic development plan for the zone that includes a
schedule for the provision of any new, expanded, or additional
services, facilities, or improvements.
A public hearing held under division (D) of this section
shall allow for public comment and recommendations on the contract
and zone. The contracting parties may include in the contract any
of those recommendations prior to approval of the contract.
(E) After the public hearings required under division (D) of
this section have been held and, if required under division (K) of
this section, the petitions of support have been collected, each
contracting party may enact an ordinance or resolution approving
the contract to designate a joint economic development zone. All
such ordinances and resolutions enacted after the effective date
of ...B.... of the 130th general assembly shall include at least
the information required to be included in the corresponding
petitions of support under division (K) of this section. After
each contracting party has enacted an ordinance or resolution, the
clerk of the legislative authority of a municipal corporation that
is a contracting party and the fiscal officer of a township that
is a contracting party shall file with the board of elections of
each county within which a contracting party is located a copy of
the ordinance or resolution approving the contract and shall
direct the board of elections to submit the ordinance or
resolution to the electors of the contracting party on the day of
the next general, primary, or special election occurring at least
ninety days after the ordinance or resolution is filed with the
board of elections. If any of the contracting parties is a
township, however, then only the township or townships shall
submit the resolution to the electors.
(F)(1) If a vote is required to approve a municipal
corporation as a contracting party to a joint economic development
zone under this section, the ballot shall be in the following
form:
"Shall the ordinance of the legislative authority of the
(city or village) of (name of contracting party) approving the
contract with (name of each other contracting party) for the
designation of a joint economic development zone be approved?
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FOR THE ORDINANCE AND CONTRACT |
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AGAINST THE ORDINANCE AND CONTRACT |
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(2) If a vote is required to approve a township as a
contracting party to a joint economic development zone under this
section, the ballot shall be in the following form:
"Shall the resolution of the board of township trustees of
the township of (name of contracting party) approving the contract
with (name of each other contracting party) for the designation of
a joint economic development zone be approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
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If a majority of the electors of each contracting party
voting on the issue vote for the ordinance or resolution and
contract, the ordinance or resolution shall become effective
immediately and the contract shall go into effect immediately or
in accordance with its terms.
(G)(1) A board of directors shall govern each joint economic
development zone created under section 715.691 of the Revised
Code. The members of the board shall be appointed as provided in
the contract. Each of the contracting parties shall appoint three
members to the board. Terms for each member shall be for two
years, each term ending on the same day of the month of the year
as did the term that it succeeds. A member may be reappointed to
the board.
(2) Membership on the board is not the holding of a public
office or employment within the meaning of any section of the
Revised Code or any charter provision prohibiting the holding of
other public office or employment. Membership on the board is not
a direct or indirect interest in a contract or expenditure of
money by a municipal corporation, township, county, or other
political subdivision with which a member may be affiliated.
Notwithstanding any provision of law or a charter to the contrary,
no member of the board shall forfeit or be disqualified from
holding any public office or employment by reason of membership on
the board.
(3) The board is a public body for the purposes of section
121.22 of the Revised Code. Chapter 2744. of the Revised Code
applies to the board and the zone.
(H) The contract may grant to the board of directors
appointed under division (G) of this section the power to adopt a
resolution to levy an income tax within the zone. The Revenue from
the income tax shall be used for the purpose of carrying out the
economic development plan for the zone described in the petitions
of support required under division (K) of this section. Any
municipal income tax revenue derived from the zone and not
appropriated or encumbered for that purpose may be used for the
purposes of the contracting parties pursuant to the contract. If
the tax was imposed within the zone before the effective date of
....B.... of the 130th general assembly, if no subdivision has
been added to the joint economic development zone contract since
that date, and if the contract has not been amended or renewed
since that date, the revenue from the income tax shall be used for
the purposes of the zone and for the purposes of the contracting
parties pursuant to the contract. The income tax may be levied in
the zone based on income earned by persons working within the zone
and on the net profits of businesses located in the zone. The
income tax is subject to Chapter 718. of the Revised Code, except
that a vote shall be required by the electors residing in the zone
to approve the rate of income tax unless a majority of the
electors residing within the zone, as determined by the total
number of votes cast in the zone for the office of governor at the
most recent general election for that office, submit a petition to
the board requesting that the election provided for in division
(H)(1) of this section not be held. If no electors reside within
the zone, then division (H)(3) of this section applies. The rate
of the income tax shall be no higher than the highest rate being
levied by a municipal corporation that is a party to the contract.
(1) The board of directors may levy an income tax at a rate
that is not higher than the highest rate being levied by a
municipal corporation that is a party to the contract, provided
that the rate of the income tax is first submitted to and approved
by the electors of the zone at the succeeding regular or primary
election, or a special election called by the board, occurring
subsequent to ninety days after a certified copy of the resolution
levying the income tax and calling for the election is filed with
the board of elections. If the voters approve the levy of the
income tax, the income tax shall be in force for the full period
of the contract establishing the zone. No election shall be held
under this section if a majority of the electors residing within
the zone, determined as specified in division (H) of this section,
submit a petition to that effect to the board of directors. Any
increase in the rate of an income tax by the board of directors
shall be approved by a vote of the electors of the zone and shall
be in force for the remaining period of the contract establishing
the zone.
(2) Whenever a zone is located in the territory of more than
one contracting party, a majority vote of the electors in each of
the several portions of the territory of the contracting parties
constituting the zone approving the levy of the tax is required
before it may be imposed under division (H) of this section.
(3) If no electors reside in the zone, no election for the
approval or rejection of an income tax shall be held under this
section, provided that where no electors reside in the zone, the
rate of the income tax shall be no higher than the highest rate
being levied by a municipal corporation that is a party to the
contract.
(4) The board of directors of a zone levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the zone.
(5) The board of directors of a zone shall publish or post
public notice within the zone of any resolution adopted levying an
income tax in the same manner required of municipal corporations
under sections 731.21 and 731.25 of the Revised Code.
(I)(1) If for any reason a contracting party reverts to or
has its boundaries changed so that it is classified as a township
that is the entity succeeding to that contracting party, the
township is considered to be a municipal corporation for the
purposes of the contract for the full period of the contract
establishing the joint economic development zone, except that if
that contracting party is administering, collecting, and enforcing
the income tax on behalf of the district as provided in division
(H)(4) of this section, the contract shall be amended to allow one
of the other contracting parties to administer, collect, and
enforce that tax.
(2) Notwithstanding any other section of the Revised Code, if
there is any change in the boundaries of a township so that a
municipal corporation once located within the township is no
longer so located, the township shall remain in existence even
though its remaining unincorporated area contains less than
twenty-two square miles, if the township has been or becomes a
party to a contract creating a joint economic development zone
under this section or the contract creating that joint economic
development zone under this section is terminated or repudiated
for any reason by any party or person. The township shall continue
its existing status in all respects, including having the same
form of government and the same elected board of trustees as its
governing body. The township shall continue to receive all of its
tax levies and sources of income as a township in accordance with
any section of the Revised Code, whether the levies and sources of
income generate millage within the ten-mill limitation or in
excess of the ten-mill limitation. The name of the township may be
changed to the name of the contracting party appearing in the
contract creating a joint economic development zone under this
section, so long as the name does not conflict with any other name
in the state that has been certified by the secretary of state.
The township shall have all of the powers set out in sections
715.79, 715.80, and 715.81 of the Revised Code.
(J) If, after creating and operating a joint economic
development zone under this section, a contracting party that did
not levy a municipal income tax under Chapter 718. of the Revised
Code levies such a tax, the tax shall not apply to the zone for
the full period of the contract establishing the zone, if the
board of directors of the zone has levied an income tax as
provided in division (H) of this section.
(K) The legislative authority of any subdivision in which all
or part of a zone would be located may not approve, amend, renew,
or add a new subdivision to a contract under this section after
the effective date of ....B.... of the 130th general assembly
without first obtaining signed petitions of support from all
owners and lessees of real property located within the joint
economic development zone. The petition shall include the rate of
any municipal income tax that may be levied within the zone and a
description of how the revenue from that tax will be utilized. The
petition also shall incorporate in entirety the information
included in the documents described in divisions (D)(1), (2), and
(3) of this section.
Sec. 715.70. (A) This section and section 715.71 of the
Revised Code apply only to:
(1) Municipal corporations and townships within a county that
has adopted a charter under Sections 3 and 4 of Article X, Ohio
Constitution;
(2) Municipal corporations and townships that have created a
joint economic development district comprised entirely of real
property owned by a municipal corporation at the time the district
was created under this section. The real property owned by the
municipal corporation shall include an airport owned by the
municipal corporation and located entirely beyond the municipal
corporation's corporate boundary.
(3) Municipal corporations or townships that are part of or
contiguous to a transportation improvement district created under
Chapter 5540. of the Revised Code and that have created a joint
economic development district under this section or section 715.71
of the Revised Code prior to November 15, 1995;
(4) Municipal corporations that have previously entered into
a contract creating a joint economic development district pursuant
to division (A)(2) of this section, even if the territory to be
included in the district does not meet the requirements of that
division.
(B)(1)(a) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district an area or areas for the
purpose of facilitating economic development to create or preserve
jobs and employment opportunities and to improve the economic
welfare of the people in the state and in the area of the
contracting parties. A municipal corporation described in division
(A)(4) of this section may enter into a contract with other
municipal corporations and townships to create a new joint
economic development district. In a district that includes a
municipal corporation described in division (A)(4) of this
section, the
(b) Each contracting party shall be located in the same
county or in a county adjacent to a county in which the territory
of the joint economic development district is located. The
territory of each of the contracting parties shall be contiguous
to the territory of at least one other contracting party, or
contiguous to the territory of a township or municipal corporation
that is contiguous to another contracting party, even if the
intervening township or municipal corporation is not a contracting
party. The Division (B)(2)(b) of this section does not invalidate
any contract approved by resolution of the legislative authority
of each county in which a contracting party is located, in
accordance with division (C)(2) of this section, before the
effective date of ....B.... of the 130th general assembly, but no
such contract may be amended or renewed unless the requirements of
division (B)(2)(b) of this section are met.
(c) The area or areas of land to be included in the district
shall not include any parcel of land owned in fee by a municipal
corporation or a township or parcel of land that is leased to a
municipal corporation or a township, unless the municipal
corporation or township is a party to the contract or unless the
municipal corporation or township has given its consent to have
its parcel of land included in the district by the adoption of a
resolution. As used in this division, "parcel of land" means any
parcel of land owned by a municipal corporation or a township for
at least a six-month period within a five-year period prior to the
creation of a district, but "parcel of land" does not include
streets or public ways and sewer, water, and other utility lines
whether owned in fee or otherwise.
(d) The district created shall be located within the
territory of one or more of the participating parties and may
consist of all or a portion of such territory. The boundaries of
the district shall be described in the contract or in an addendum
to the contract.
(2) Prior to the public hearing to be held pursuant to
division (D)(2) of this section, the participating parties shall
give a copy of the proposed contract to each municipal corporation
located within one-quarter mile of the proposed joint economic
development district and not otherwise a party to the contract,
and afford the municipal corporation the reasonable opportunity,
for a period of thirty days following receipt of the proposed
contract, to make comments and suggestions to the participating
parties regarding elements contained in the proposed contract.
(3) The district shall not exceed two thousand acres in area.
The territory of the district shall not completely surround
territory that is not included within the boundaries of the
district.
(4) Sections 503.07 to 503.12 of the Revised Code do not
apply to territory included within a district created pursuant to
this section as long as the contract creating the district is in
effect, unless the legislative authority of each municipal
corporation and the board of township trustees of each township
included in the district consent, by ordinance or resolution, to
the application of those sections of the Revised Code.
(5) Upon the execution of the contract creating the district
by the parties to the contract, a participating municipal
corporation or township included within the district shall file a
copy of the fully executed contract with the county recorder of
each county within which a party to the contract is located, in
the miscellaneous records of the county. No annexation proceeding
pursuant to Chapter 709. of the Revised Code that proposes the
annexation to, merger, or consolidation with a municipal
corporation of any unincorporated territory within the district
shall be commenced for a period of three years after the contract
is filed with the county recorder of each county within which a
party to the contract is located unless each board of township
trustees whose territory is included, in whole or part, within the
district and the territory proposed to be annexed, merged, or
consolidated adopts a resolution consenting to the commencement of
the proceeding and a copy of the resolution is filed with the
legislative authority of each county within which a party to the
contract is located or unless the contract is terminated during
this period.
The contract entered into between the municipal corporations
and townships pursuant to this section may provide for the
prohibition of any annexation by the participating municipal
corporations of any unincorporated territory within the district
beyond the three-year mandatory prohibition of any annexation
provided for in division (B)(5) of this section.
(C)(1) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district pursuant to this section, and after
a contract has been signed, the municipal corporations and
townships shall jointly file a petition with the legislative
authority of each county within which a party to the contract is
located.
(a) The petition shall contain all of the following:
(i) A statement that the area or areas of the district is not
greater than two thousand acres and is located within the
territory of one or more of the contracting parties;
(ii) A brief summary of the services to be provided by each
party to the contract or a reference to the portion of the
contract describing those services;
(iii) A description of the area or areas to be designated as
the district;
(iv) The signature of a representative of each of the
contracting parties.
(b) The following documents shall be filed with the petition:
(i) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(ii) A certified copy of the ordinances and resolutions of
the contracting parties approving the contract;
(iii) A certificate from each of the contracting parties
indicating that the public hearings required by division (D)(2) of
this section have been held, the date of the hearings, and
evidence of publication of the notice of the hearings;
(iv) One or more signed statements of persons who are owners
of property located in whole or in part within the area to be
designated as the district, requesting that the property be
included within the district, provided that those statements shall
represent a majority of the persons owning property located in
whole or in part within the district and persons owning a majority
of the acreage located within the district. A signature may be
withdrawn by the signer up to but not after the time of the public
hearing required by division (D)(2) of this section A certified
copy of the petition of support described in division (L) of this
section.
(2) The legislative authority of each county within which a
party to the contract is located shall adopt a resolution
approving the petition for the creation of the district if the
petition and other documents have been filed in accordance with
the requirements of division (C)(1) of this section. If the
petition and other documents do not substantially meet the
requirements of that division, the legislative authority of any
county within which a party to the contract is located may adopt a
resolution disapproving the petition for the creation of the
district. The legislative authority of each county within which a
party to the contract is located shall adopt a resolution
approving or disapproving the petition within thirty days after
the petition was filed. If the legislative authority of each such
county does not adopt the resolution within the thirty-day period,
the petition shall be deemed approved and the contract shall go
into effect immediately after that approval or at such other time
as the contract specifies.
(D)(1) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but are
not limited to the provision of services, money, real or personal
property, facilities, or equipment. The contract may provide for
the contracting parties to share revenue from taxes levied on
property by one or more of the contracting parties if those
revenues may lawfully be applied to that purpose under the
legislation by which those taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that those services, facilities, or
improvements, or expanded or additional capacity for or
enhancement of existing services, facilities, or improvements,
required herein have been provided within the two-year period
prior to the execution of the contract.
(2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall each hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing in
a newspaper of general circulation in the municipal corporation
and the township. The board of township trustees may provide
additional notice to township residents in accordance with section
9.03 of the Revised Code, and any additional notice shall include
the public hearing announcement; a summary of the terms of the
contract; a statement that the entire text of the contract and
district maps and plans are on file for public examination in the
office of the township fiscal officer; and information pertaining
to any tax changes that will or may occur as a result of the
contract.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township fiscal officer. The public hearing provided for in
division (D)(2) of this section shall allow for public comment and
recommendations from the public on the proposed contract. The
contracting parties may include in the contract any of those
recommendations prior to the approval of the contract.
(3) Any resolution of the board of township trustees that
approves a contract that creates a joint economic development
district pursuant to this section shall be subject to a referendum
of the electors of the township. When a referendum petition,
signed by ten per cent of the number of electors in the township
who voted for the office of governor at the most recent general
election for the office of governor, is presented to the board of
township trustees within thirty days after the board of township
trustees adopted the resolution, ordering that the resolution be
submitted to the electors of the township for their approval or
rejection, the board of township trustees shall, after ten days
and not later than four p.m. of the ninetieth day before the
election, certify the text of the resolution to the board of
elections. The board of elections shall submit the resolution to
the electors of the township for their approval or rejection at
the next general, primary, or special election occurring
subsequent to ninety days after the certifying of the petition to
the board of elections.
(4) Upon the creation of a district under this section or
section 715.71 of the Revised Code, one of the contracting parties
shall file a copy of the following with the director of
development:
(a) The petition and other documents described in division
(C)(1) of this section, if the district is created under this
section;
(b) The documents described in division (D) of section 715.71
of the Revised Code, if the district is created under this
section.
(E) The district created by the contract shall be governed by
a board of directors that shall be established by or pursuant to
the contract. The board is a public body for the purposes of
section 121.22 of the Revised Code. The provisions of Chapter
2744. of the Revised Code apply to the board and the district. The
members of the board shall be appointed as provided in the
contract from among the elected members of the legislative
authorities and the elected chief executive officers of the
contracting parties, provided that there shall be at least two
members appointed from each of the contracting parties.
(F) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of a district, and the
contract shall provide for the determination of procedures that
are to govern the board of directors. The contract may grant to
the board the power to adopt a resolution to levy an income tax
within the district. The income tax shall be used for the purposes
of carrying out the economic development plan for the district
described in the petitions of support required under division (L)
of this section. Any income tax revenue derived from the district
and not appropriated or encumbered for that purpose may be used
for the purposes of the contracting municipal corporations and
townships pursuant to the contract. If the petition for the
creation of the joint economic development district is approved by
resolution of the legislative authority of each county in which a
contracting party is located before the effective date of ...B....
of the 130th general assembly and the joint economic development
district contract has not been renewed or amended after that date,
the income tax shall be used for the purposes of the district and
for the purposes of the contracting municipal corporations and
townships pursuant to the contract. The
The income tax may be levied in the district based on income
earned by persons working or residing within the district and
based on the net profits of businesses located in the district.
The income tax shall follow the provisions of Chapter 718. of the
Revised Code, except that a vote shall be required by the electors
residing in the district to approve the rate of income tax. If no
electors reside within the district, then division (F)(4) of this
section applies. The rate of the income tax shall be no higher
than the highest rate being levied by a municipal corporation that
is a party to the contract and, if applicable, no higher than the
rate specified in the petitions of support under division (L) of
this section.
(1) Within one hundred eighty days after the first meeting of
the board of directors, the board may levy an income tax, provided
that the rate of the income tax is first submitted to and approved
by the electors of the district at the succeeding regular or
primary election, or a special election called by the board,
occurring subsequent to ninety days after a certified copy of the
resolution levying the income tax and calling for the election is
filed with the board of elections. If the voters approve the levy
of the income tax, the income tax shall be in force for the full
period of the contract establishing the district. Any increase in
the rate of an income tax that was first levied within one hundred
eighty days after the first meeting of the board of directors
shall be approved by a vote of the electors of the district, shall
be in force for the remaining period of the contract establishing
the district, and shall not be subject to division (F)(2) of this
section.
(2) Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be subject
to a referendum as provided in division (F)(2) of this section.
Any resolution of the board of directors levying an income tax
that is adopted subsequent to one hundred eighty days after the
first meeting of the board of directors shall be subject to an
initiative proceeding to amend or repeal the resolution levying
the income tax as provided in division (F)(2) of this section.
When a referendum petition, signed by ten per cent of the number
of electors in the district who voted for the office of governor
at the most recent general election for the office of governor, is
filed with the county auditor of each county within which a party
to the contract is located within thirty days after the resolution
is adopted by the board or when an initiative petition, signed by
ten per cent of the number of electors in the district who voted
for the office of governor at the most recent general election for
the office of governor, is filed with the county auditor of each
such county ordering that a resolution to amend or repeal a prior
resolution levying an income tax be submitted to the electors
within the district for their approval or rejection, the county
auditor of each such county, after ten days and not later than
four p.m. of the ninetieth day before the election, shall certify
the text of the resolution to the board of elections of that
county. The county auditor of each such county shall retain the
petition. The board of elections shall submit the resolution to
such electors, for their approval or rejection, at the next
general, primary, or special election occurring subsequent to
ninety days after the certifying of such petition to the board of
elections.
(3) Whenever a district is located in the territory of more
than one contracting party, a majority vote of the electors, if
any, in each of the several portions of the territory of the
contracting parties constituting the district approving the levy
of the tax is required before it may be imposed pursuant to this
division.
(4) If there are no electors residing in the district, no
election for the approval or rejection of an income tax shall be
held pursuant to this section, provided that where no electors
reside in the district, the maximum rate of the income tax that
may be levied shall not exceed one per cent.
(5) The board of directors of a district levying an income
tax shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district. The
resolution levying the income tax shall provide the same credits,
if any, to residents of the district for income taxes paid to
other such districts or municipal corporations where the residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(6)(a) The board shall publish or post public notice within
the district of any resolution adopted levying an income tax in
the same manner required of municipal corporations under sections
731.21 and 731.25 of the Revised Code.
(b) Except as otherwise specified by this division, any
referendum or initiative proceeding within a district shall be
conducted in the same manner as is required for such proceedings
within a municipal corporation pursuant to sections 731.28 to
731.40 of the Revised Code.
(G) Membership on the board of directors does not constitute
the holding of a public office or employment within the meaning of
any section of the Revised Code or any charter provision
prohibiting the holding of other public office or employment, and
shall not constitute an interest, either direct or indirect, in a
contract or expenditure of money by any municipal corporation,
township, county, or other political subdivision with which the
member may be connected. No member of a board of directors shall
be disqualified from holding any public office or employment, nor
shall such member forfeit or be disqualified from holding any such
office or employment, by reason of the member's membership on the
board of directors, notwithstanding any law or charter provision
to the contrary.
(H) The powers and authorizations granted pursuant to this
section or section 715.71 of the Revised Code are in addition to
and not in derogation of all other powers granted to municipal
corporations and townships pursuant to law. When exercising a
power or performing a function or duty under a contract authorized
pursuant to this section or section 715.71 of the Revised Code, a
municipal corporation may exercise all of the powers of a
municipal corporation, and may perform all the functions and
duties of a municipal corporation, within the district, pursuant
to and to the extent consistent with the contract. When exercising
a power or performing a function or duty under a contract
authorized pursuant to this section or section 715.71 of the
Revised Code, a township may exercise all of the powers of a
township, and may perform all the functions and duties of a
township, within the district, pursuant to and to the extent
consistent with the contract. The district board of directors has
no powers except those specifically set forth in the contract as
agreed to by the participating parties. No political subdivision
shall authorize or grant any tax exemption pursuant to Chapter
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the
Revised Code on any property located within the district without
the consent of the contracting parties. The prohibition for any
tax exemption pursuant to this division shall not apply to any
exemption filed, pending, or approved, or for which an agreement
has been entered into, before the effective date of the contract
entered into by the parties.
(I) Municipal corporations and townships may enter into
binding agreements pursuant to a contract authorized under this
section or section 715.71 of the Revised Code with respect to the
substance and administration of zoning and other land use
regulations, building codes, public permanent improvements, and
other regulatory and proprietary matters that are determined,
pursuant to the contract, to be for a public purpose and to be
desirable with respect to the operation of the district or to
facilitate new or expanded economic development in the state or
the district, provided that no contract shall exempt the territory
within the district from the procedures and processes of land use
regulation applicable pursuant to municipal corporation, township,
and county regulations, including but not limited to procedures
and processes concerning zoning.
(J) A contract entered into pursuant to this section or
section 715.71 of the Revised Code may be amended and it may be
renewed, canceled, or terminated as provided in or pursuant to the
contract. The contract may be amended to add property owned by one
of the contracting parties to the district, or may be amended to
delete property from the district whether or not one of the
contracting parties owns the deleted property. The contract shall
continue in existence throughout its term and shall be binding on
the contracting parties and on any entities succeeding to such
parties, whether by annexation, merger, or otherwise. The income
tax levied by the board pursuant to this section or section 715.71
of the Revised Code shall apply in the entire district throughout
the term of the contract, notwithstanding that all or a portion of
the district becomes subject to annexation, merger, or
incorporation. No township or municipal corporation is divested of
its rights or obligations under the contract because of
annexation, merger, or succession of interests.
(K) After the creation of a joint economic development
district described in division (A)(2) of this section, a municipal
corporation that is a contracting party may cease to own property
included in the district, but such property shall continue to be
included in the district and subject to the terms of the contract.
(L) The legislative authority of a subdivision in which all
or part of a joint economic development district would be located
may not approve, amend, or renew a contract under this section or
section 715.71 of the Revised Code after the effective date of
...B.... of the 130th general assembly without first obtaining
signed petitions of support from all owners and lessees of real
property located within the joint economic development district.
The petition shall include all of the following:
(1) The rate of any municipal income tax that may be levied
within the district;
(2) A description of how revenue from that tax will be
utilized;
(3) A copy of the contract designating the district;
(4) A description of the area or areas to be included in the
district, including a map in sufficient detail to denote the
specific boundaries of the area or areas;
(5) An economic development plan for the district that
includes a schedule for the provision of any new, expanded, or
additional services, facilities, or improvements.
(M) Any ordinance or resolution adopted by the legislative
authority of a municipal corporation or a board of township
trustees to approve, amend, or renew a contract under this section
or section 715.71 of the Revised Code after the effective date of
...B.... of the 130th general assembly shall include at least the
information delineated in divisions (L)(1) to (5) of this section.
Sec. 715.71. (A) This section provides alternative
procedures and requirements to those set forth in section 715.70
of the Revised Code for creating and operating a joint economic
development district. Divisions (B), (C), (D)(1) to (3), and (F)
of section 715.70 of the Revised Code do not apply to a joint
economic development district established under this section.
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K),
(L), and (M) of section 715.70 of the Revised Code do apply to a
district established under this section.
(B)(1) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district one or more areas for the
purpose of facilitating economic development to create or preserve
jobs and employment opportunities and to improve the economic
welfare of the people in this state and in the area of the
contracting parties. The district created shall be located within
the territory of one or more of the contracting parties and may
consist of all or a portion of that territory. The boundaries of
the district shall be described in the contract or in an addendum
to the contract. The area or areas of land to be included in the
district shall not include any parcel of land owned in fee by or
leased to a municipal corporation or township, unless the
municipal corporation or township is a party to the contract or
has given its consent to have its parcel of land included in the
district by the adoption of a resolution. As used in this
division, "parcel of land" has the same meaning as in division (B)
of section 715.70 of the Revised Code.
(2) Each contracting party shall be located in the same
county or in a county adjacent to a county in which the territory
of the joint economic development district is located. The
territory of each of the contracting parties shall be contiguous
to the territory of at least one other contracting party, or
contiguous to the territory of a township or municipal corporation
that is contiguous to another contracting party, even if the
intervening township or municipal corporation is not a contracting
party. Division (B)(2) of this section does not invalidate any
joint economic development district contract for which a petition
was approved by resolution of the legislative authority of each
county in which a contracting party is located, in accordance with
division (E) of this section, before the effective date of
...B.... of the 130th general assembly, but no such contract may
be amended or renewed unless the requirements prescribed by
division (B)(2) of this section are met.
(C) Before the legislative authority of a municipal
corporation or a board of township trustees adopts an ordinance or
resolution approving a contract to create a joint economic
development district under this section, it shall hold a public
hearing concerning the joint economic development district
contract and shall provide thirty days' public notice of the time
and place of the public hearing in a newspaper of general
circulation in the municipal corporation and the township. Each
municipal corporation and township that is a party to the contract
shall hold a public hearing. During the thirty-day period prior to
a public hearing, a copy of the text of the contract together with
copies of district maps and plans related to or part of the
contract shall be on file, for public examination, in the offices
of the clerk of the legislative authority of the municipal
corporation and of the township fiscal officer. The public
hearings provided for in this division shall allow for public
comment and recommendations on the proposed contract. The
participating parties may include in the contract any of those
recommendations prior to approval of the contract.
(D) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district, the municipal corporation and the
township jointly shall file with the legislative authority of each
county within which a party to the contract is located all of the
following:
(1) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(2) Certified copies of the ordinances and resolutions of the
contracting parties relating to the district and the contract;
(3) A certificate of each of the contracting parties that the
public hearings provided for in division (C) of this section have
been held, the date of the hearings, and evidence of publication
of the notice of the hearings;
(4) A certified copy of the petition of support described
under division (L) of section 715.70 of the Revised Code.
(E) Within thirty days after the filing under division (D) of
this section, the legislative authority of each county within
which a party to the contract is located shall adopt a resolution
acknowledging the receipt of the required documents, approving the
creation of the joint economic development district, and directing
that the resolution of the board of township trustees approving
the contract be submitted to the electors of the township for
approval at the next succeeding general, primary, or special
election. The legislative authority of the county shall file with
the board of elections at least ninety days before the day of the
election a copy of the resolution of the board of township
trustees approving the contract. The resolution of the legislative
authority of the county also shall specify the date the election
is to be held and shall direct the board of elections to conduct
the election in the township. If the resolution of the legislative
authority of the county is not adopted within the thirty-day
period after the filing under division (D) of this section, the
joint economic development district shall be deemed approved by
the county legislative authority, and the board of township
trustees shall file its resolution with the board of elections for
submission to the electors of the township for approval at the
next succeeding general, primary, or special election. The filing
shall occur at least ninety days before the specified date the
election is to be held and shall direct the board of elections to
conduct the election in the township.
The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a party to
the contract) for the creation of a joint economic development
district be approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
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If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
immediately or in accordance with its terms.
(F) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but are
not limited to the provision of services, money, real or personal
property, facilities, or equipment. The contract may provide for
the contracting parties to share revenue from taxes levied on
property by one or more of the contracting parties if those
revenues may lawfully be applied to that purpose under the
legislation by which those taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that the existing services, facilities, or
improvements, or the expanded or additional capacity for or
enhancement of the existing services, facilities, or improvements,
have been provided within the two-year period prior to the
execution of the contract.
(G) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of the district and shall
provide for the determination of procedures that are to govern the
board of directors. The contract may grant to the board the power
to adopt a resolution to levy an income tax within the district.
The income tax shall be used for the purposes of carrying out the
economic development plan for the district described in the
petitions of support required under division (L) of section 715.70
of the Revised Code. Any tax revenue derived from the district and
not appropriated or encumbered for that purpose may be used for
the purposes of the contracting parties pursuant to the contract.
If the petition for the creation of the joint economic development
district is approved by resolution of the legislative authority of
each county in which a contracting party is located before the
effective date of ...B.... of the 130th general assembly and the
joint economic development district contract has not been renewed
or amended after that date, the income tax shall be used for the
purposes of the district and for the purposes of the contracting
municipal corporations and townships pursuant to the contract. The
The income tax may be levied in the district based on income
earned by persons working or residing within the district and
based on the net profits of businesses located in the district.
The income tax of the district shall follow the provisions of
Chapter 718. of the Revised Code, except that no vote shall be
required by the electors residing in the district. The rate of the
income tax shall be no higher than the highest rate being levied
by a municipal corporation that is a party to the contract and, if
applicable, no higher than the rate specified in the petitions of
support required under division (L) of section 715.70 of the
Revised Code.
The board of directors of a district levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district. The
resolution levying the income tax shall provide the same credits,
if any, to residents of the district for income taxes paid to
other districts or municipal corporations where the residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(H) No annexation proceeding pursuant to Chapter 709. of the
Revised Code that proposes the annexation to or merger or
consolidation with a municipal corporation, except a municipal
corporation that is a party to the contract, of any unincorporated
territory within the district shall be commenced for a period of
three years after the contract is filed with the legislative
authority of each county within which a party to the contract is
located in accordance with division (D) of this section unless
each board of township trustees whose territory is included, in
whole or part, within the district and the territory proposed to
be annexed, merged, or consolidated adopts a resolution consenting
to the commencement of the proceeding and a copy of the resolution
is filed with the legislative authority of each such county or
unless the contract is terminated during this three-year period.
The contract entered into between the municipal corporations and
townships pursuant to this section may provide for the prohibition
of any annexation by the participating municipal corporations of
any unincorporated territory within the district.
Sec. 715.72. (A) As used in sections 715.72 to 715.81 of the
Revised Code:
(1) "Contracting parties" means one or more municipal
corporations, one or more townships, and, under division (D) of
this section, one or more counties that have entered into a
contract under this section to create a joint economic development
district.
(2) "District" means a joint economic development district
created under sections 715.72 to 715.81 of the Revised Code.
(3) "Contract for utility services" means a contract under
which a municipal corporation agrees to provide to a township or
another municipal corporation water, sewer, electric, or other
utility services necessary to the public health, safety, and
welfare.
(B) Sections 715.72 to 715.81 of the Revised Code provide
alternative procedures and requirements to those set forth in
sections 715.70 and 715.71 of the Revised Code for creating and
operating a joint economic development district. Sections 715.72
to 715.81 of the Revised Code apply to municipal corporations and
townships that are located in the same county or in adjacent
counties.
(C) One or more municipal corporations, one or more
townships, and, under division (D) of this section, one or more
counties may enter into a contract pursuant to which they create
as a joint economic development district one or more areas for the
purpose of facilitating economic development to create or preserve
jobs and employment opportunities and to improve the economic
welfare of the people in this state and in the area of the
contracting parties.
(1) Except as otherwise provided in division (C)(2) of this
section, the The territory of each of the contracting parties
shall be contiguous to the territory of at least one other
contracting party, or contiguous to the territory of a township,
municipal corporation, or county that is contiguous to another
contracting party, even if the intervening township or municipal
corporation is not a contracting party.
(2) Contracting parties that have entered into a contract
under section 715.70 or 715.71 of the Revised Code creating a
joint economic development district prior to November 15, 1995,
may enter into a contract under this section even if the territory
of each of the contracting parties is not contiguous to the
territory of at least one other contracting party, or contiguous
to the territory of a township or municipal corporation that is
contiguous to another contracting party as otherwise required
under division Division (C)(1) of this section. The contract and
district shall meet the requirements of sections 715.72 to 715.81
of the Revised Code does not invalidate any joint economic
development district contract approved by ordinance or resolution
of all contracting parties under section 715.76 of the Revised
Code before the effective date of ...B.... of the 130th general
assembly, but no such contract may be amended or renewed unless
the requirements of division (C)(1) of this section are met.
(D) If, on or after the effective date of this amendment
December 30, 2008, but on or before June 30, 2009, one or more
municipal corporations and one or more townships enter into a
contract or amend an existing contract under this section, one or
more counties in which all of those municipal corporations or
townships are located also may enter into the contract as a
contracting party or parties.
Sec. 715.74. (A) The contract creating a joint economic
development district shall provide for the amount or nature of the
contribution of each contracting party to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting parties
agree and may include, but are not limited to, the provision of
services, money, real or personal property, facilities, or
equipment. The contract may provide for the contracting parties to
share revenue from taxes levied by one or more of the contracting
parties, if those revenues may lawfully be applied to that purpose
under the legislation by which those taxes are levied. The
contract shall specify and provide for new, expanded, or
additional services, facilities, or improvements. The contract may
provide for expanded or additional capacity for or other
enhancement of existing services, facilities, or improvements.
(B) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of the district described
under section 715.78 of the Revised Code and shall provide for the
determination of procedures that are to govern the board.
(C)(1) The contract may grant to the board the power to adopt
a resolution to levy an income tax within the district and the
contract may designate certain portions of the district where such
an income tax may be levied. The income tax shall be used for the
purpose of carrying out the economic development plan for the
district described in the petitions of support required under
section 715.751 of the Revised Code. Any tax revenue derived from
the district and not appropriated or encumbered for that purpose
may be used for the purposes of the contracting parties pursuant
to the contract. If the contracting parties approved the joint
economic development district contract before the effective date
of ...B.... of the 130th general assembly and the contract has not
been renewed or amended after that date, the income tax shall be
used for the purposes of the district or any portion of the
district in which the contract authorizes an income tax and for
the purposes of the contracting parties pursuant to the contract.
The income tax may be levied in the district based on income
earned by persons working within the district and based on the net
profits of businesses located in the district, but the income of
an individual who resides in the district shall not be subject to
such income tax unless the income is received for personal
services performed in the district. The income tax of the district
shall follow the provisions of Chapter 718. of the Revised Code,
except that no vote shall be required. The rate of the income tax
shall be no higher than the highest rate being levied by a
municipal corporation that is a contracting party and, if
applicable, no higher than the rate specified in the petition of
support under section 715.751 of the Revised Code.
(2) If the board adopts a resolution to levy an income tax,
it shall enter into an agreement with a municipal corporation that
is a contracting party to administer, collect, and enforce the
income tax on behalf of the district.
(3) A resolution levying an income tax under this section
shall require the contracting parties to annually set aside a
percentage, to be stated in the resolution, of the amount of the
income tax collected for the long-term maintenance of the
district.
(4) An income tax levied under this section shall apply in
the district or any portion of the district in which the contract
authorizes an income tax throughout the term of the contract
creating the district, notwithstanding that all or a portion of
the district becomes subject to annexation, merger, or
consolidation.
(D) The contract creating a joint economic development
district shall continue in existence throughout its term and shall
be binding on the contracting parties and on any parties
succeeding to the contracting parties, whether by annexation,
merger, or consolidation. Except as provided in division (E) of
this section, the contract may be amended, renewed, or terminated
with the approval of the contracting parties or any parties
succeeding to the contracting parties. If the contract is amended
to add area to an existing district, the amendment shall be
adopted in the manner prescribed under section 715.761 of the
Revised Code.
(E) If two or more contracting parties previously have
entered into a separate contract for utility services, then
amendment, renewal, or termination of the separate contract for
utility services shall not constitute any part of the
consideration for the contract creating a joint economic
development district. A contract creating a joint economic
development district shall be rebuttably presumed to violate this
division if it is entered into within two years prior or five
years subsequent to the amendment, renewal, or termination of a
separate contract for utility services that two or more
contracting parties previously have entered into. The presumption
stated in this division may be rebutted by clear and convincing
evidence of both of the following:
(1) That other substantial consideration existed to support
the contract creating a joint economic development district;
(2) That the contracting parties entered into the contract
creating a joint economic development district freely and without
duress or coercion related to the amendment, renewal, or
termination of the separate contract for utility services.
(F) A contract creating a joint economic development district
that violates division (E) of this section is void and
unenforceable.
Sec. 715.751. The legislative authority of a subdivision in
which all or part of a joint economic development district would
be located may not approve, amend, or renew a contract under
sections 715.72 to 715.81 of the Revised Code after the effective
date of ...B.... of the 130th general assembly without first
obtaining signed petitions of support from all owners and lessees
of real property located within the district. The petition shall
include all of the following:
(A) The rate of any municipal income tax that may be levied
within the district;
(B) A description of how revenue from that tax will be
utilized;
(C) A copy of the contract designating the district;
(D) A description of the area or areas to be included in the
district, including a map in sufficient detail to denote the
specific boundaries of the area or areas;
(E) An economic development plan for the district that
includes a schedule for the provision of any new, expanded, or
additional services, facilities, or improvements.
Sec. 715.76. After the public hearings required under
section 715.75 of the Revised Code have been held and, if required
under section 715.751 of the Revised Code, the petitions of
support have been collected, each contracting party may adopt an
ordinance or resolution approving the contract to create a joint
economic development district. All such ordinances and resolutions
adopted or enacted after the effective date of ...B.... of the
130th general assembly shall include at least the information
required to be included in the corresponding petitions of support
under section 715.751 of the Revised Code. After each contracting
party has adopted an ordinance or resolution, the contracting
parties jointly shall file with the legislative authority of each
county within which a contracting party is located all of the
following documents:
(A) A signed copy of the contract;
(B) A description of the area or areas to be included in the
district, including a map in sufficient detail to denote the
specific boundaries of the area or areas and to indicate any
zoning restrictions applicable to the area or areas;
(C) The economic development plan described in division (C)
of section 715.75 of the Revised Code;
(D) Certified copies of the ordinances and resolutions of the
contracting parties relating to the contract and district;
(E) A certificate of each contracting party that the public
hearings required by section 715.75 of the Revised Code have been
held, the date of the hearings, and evidence of publication of the
notice of the hearings;
(F) A petition signed by a majority of the owners of property
located within the area or areas to be included in the district;
(G) A petition signed by a majority of the owners of
businesses, if any, located within the area or areas to be
included in the district.
The petitions described in divisions (F) and (G) of this
section shall specify that all of the documents described in
divisions (A) to (C) of section 715.75 of the Revised Code are
available for public inspection in the office of the clerk of the
legislative authority of each municipal corporation and county
that is a contracting party or the office of the fiscal officer of
each township that is a contracting party A certified copy of the
petition of support required under section 715.751 of the Revised
Code.
The legislative authority of a county that is a contracting
party under division (D) of section 715.72 of the Revised Code is
entitled to all of the documents described in divisions (A) to
(G)(F) of this section as if the county were not a contracting
party.
Not later than ten days after all of the documents described
in divisions (A) to (G) of this section have been filed, each
contracting party shall give notice to those owners of property
within the area or areas to be included in the district who did
not sign the petition described in division (F) of this section
and whose property is located within the boundaries of that
contracting party and to those owners of businesses, if any,
within the area or areas to be included in the district who did
not sign the petition described in division (G) of this section
and whose property is located within the boundaries of that
contracting party. Notice shall be given by certified mail and
shall specify that the owners of property and businesses are
located within the area or areas to be included in the district
and that all of the documents described in divisions (A) to (C) of
section 715.75 of the Revised Code are available for public
inspection in the office of the clerk of the legislative authority
of each municipal corporation and county that is a contracting
party or the office of the fiscal officer of each township that is
a contracting party. The contracting parties shall equally bear
the cost of providing notice under this section.
If the contracting parties do not file all of the documents
described in divisions (A) to (G)(F) of this section, the
legislative authority of a county that is not a contracting party
within which a contracting party is located may adopt a resolution
disapproving the creation of the joint economic development
district. In addition, the legislative authority of the county may
adopt a resolution disapproving the creation of the district if it
determines, in written findings of fact, that each contracting
party did not enter into the contract freely and without duress or
coercion.
Sec. 715.761. (A) The contracting parties may amend the
contract to add to a joint economic development district any area
that was not originally included in the district when the contract
took effect. Area may be added only if the area satisfies the
criteria prescribed under section 715.73 of the Revised Code.
(B) An amendment adding area to a district shall be approved
by a resolution or ordinance adopted by each of the contracting
parties. The contracting parties shall conduct public hearings on
the amendment, provide notice, obtain signed petitions of support
from all owners and lessees of real property located within the
proposed district in accordance with section 715.751 of the
Revised Code, and deliver a copy of the amendment to the
legislative authority of the county in which the added area is
located in the manner required under section 715.75 of the Revised
Code for original contracts. The legislative authority of a county
that is a contracting party under division (D) of section 715.72
of the Revised Code is entitled to a copy of the amendment as if
the county were not a contracting party. The contracting parties
shall make available for public inspection a copy of the
amendment, a description of the area to be added to the district,
and a map of that area in sufficient detail to denote the specific
boundaries of the area and to indicate any zoning restrictions
applicable to the area.
(C) After adopting resolutions or ordinances approving the
addition of the area, the contracting parties jointly shall file
with the legislative authority of the county in which the added
area is located the documents required to be filed under section
715.76 of the Revised Code, except that:
(1) A copy of the amendment to the contract shall be filed in
lieu of a copy of the contract.
(2) The description and map shall be of the area to be added
instead of the entire area of the district.
(3) The economic development plan need not be filed.
(4) Certified copies of the resolutions and ordinances
approving the amendment shall be filed.
(5) The certificates otherwise required under division (E) of
section 715.76 of the Revised Code shall certify that the hearings
required under division (B) of this section have been held, shall
indicate the date of those hearings, and shall include evidence
that notice of the hearings was published.
(6) The petition otherwise required under division (F) of
section 715.76 of the Revised Code shall be signed by a majority
of the owners of property located in the area to be added to the
district, the petition otherwise required under division (G) of
that section shall be signed by a majority of the owners of
businesses, if any, located in the area to be added to the
district, and the petitions shall specify that the documents
described in division (B) of this section are available for public
inspection as otherwise required under section 715.75 of the
Revised Code.
(D) The resolution of a board of township trustees approving
an amendment adding area to an existing joint economic development
district is not required to be submitted to the electors of the
township.
Sec. 715.771. Upon the creation of a joint economic
development district under section 715.72 of the Revised Code, one
of the contracting parties shall file a copy of each of the
documents described in divisions (A) to (G)(F) of section 715.76
of the Revised Code with the director of development.
Section 2. That existing sections 715.69, 715.691, 715.70,
715.71, 715.72, 715.74, 715.76, 715.761, and 715.771 of the
Revised Code are hereby repealed.
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