As Introduced* 1
123rd General Assembly 4
Regular Session H. B. No. 796 5
1999-2000 6
REPRESENTATIVE MOTTLEY 7
_________________________________________________________________ 9
A B I L L
To amend sections 707.29, 707.30, 709.15, and 709.41 11
and to enact sections 707.31 and 709.151 of the 12
Revised Code to provide for the incorporation of 13
certain non-contiguous territory and to permit
for a limited time expedited annexations of that 14
territory using special procedures, one set of 15
procedures to be effective in the year 2002 and 16
the other set of procedures to be effective in
2003 and thereafter.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 707.29, 707.30, 709.15, and 20
709.41 be amended and sections 707.31 and 709.151 of the Revised 21
Code be enacted to read as follows: 22
Sec. 707.29. (A) Cities may be incorporated in the manner 31
provided in sections 707.29 and 707.30 of the Revised Code. 32
Application for incorporation of a city shall be made by petition 33
addressed to the board of county commissioners. The EXCEPT AS 34
PROVIDED IN DIVISION (B) OF THIS SECTION, THE territory proposed 36
for incorporation as a city shall meet all of the following 37
criteria:
(1) It shall consist of not less than four square miles. 39
(2) It shall have a population of not less than 41
twenty-five thousand and a population density of at least one 42
thousand persons per square mile. 43
(3) It shall have an assessed valuation of real, personal, 45
and public utility property subject, except as otherwise provided 46
2
in division (A)(3) of this section, to general property taxation 47
of at least twenty-five hundred dollars per capita. In 48
determining per capita assessed valuation under division (A)(3) 49
of this section, the assessed valuation of any tangible personal 50
property, buildings, structures, improvements, and fixtures that 51
are exempt from taxation under division (B) of section 5709.081 52
of the Revised Code shall be added to the assessed valuation of 53
real, personal, and public utility property subject to general 54
property taxation. 55
(4) It shall not completely surround an existing municipal 57
corporation. 58
(5) It shall be contiguous. 60
(B)(1) A SPECIAL PETITION FOR INCORPORATION AS A CITY MAY 62
BE FILED ON OR BEFORE THE THIRTIETH DAY OF APRIL IN ANY YEAR TO 64
INCORPORATE TERRITORY THAT IS NOT CONTIGUOUS WHEN ALL OF THE 66
FOLLOWING CONDITIONS ARE MET:
(a) THERE IS ONLY ONE PORTION OF THE UNINCORPORATED 68
TERRITORY OF THE TOWNSHIP THAT IS SEPARATE FROM THE LARGEST 69
PORTION OF THE UNINCORPORATED TERRITORY OF THE TOWNSHIP, AND THAT 71
SMALLER PORTION CONSISTS OF FIVE PER CENT OR LESS OF THE TOTAL 72
UNINCORPORATED TERRITORY OF THE TOWNSHIP.
(b) THE SMALLER PORTION OF THE UNINCORPORATED TERRITORY OF 74
THE TOWNSHIP IS SEPARATED FROM THE LARGER PORTION OF THE 75
UNINCORPORATED TERRITORY OF THE TOWNSHIP BY ONE CITY, THE 77
MAJORITY OF WHOSE TERRITORY IS LOCATED WITHIN THE BOUNDARIES OF 78
THE TOWNSHIP WITH THE UNINCORPORATED TERRITORY PROPOSED TO BE 79
INCORPORATED.
(c) THE CRITERIA SPECIFIED IN DIVISIONS (A)(1) TO (4) OF 81
THIS SECTION ARE SATISFIED. 82
(2) WHENEVER A SPECIAL PETITION FOR INCORPORATION IS FILED 84
IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION, A SPECIAL 85
PETITION FOR THE ANNEXATION OF ALL OR ANY PORTION OF THE 86
UNINCORPORATED TERRITORY PROPOSED TO BE INCORPORATED THAT IS 88
SEPARATE FROM THE LARGER PORTION OF THAT UNINCORPORATED TERRITORY 89
3
MAY BE FILED WITH THE BOARD OF COUNTY COMMISSIONERS BY A 90
MUNICIPAL CORPORATION CONTIGUOUS TO THAT SMALLER PORTION OF THE 91
UNINCORPORATED TERRITORY WITHIN SIXTY DAYS OF THE DATE THAT THE 92
SPECIAL PETITION FOR INCORPORATION WAS FILED. THIS SPECIAL 93
ANNEXATION PROCEEDING SHALL BE EXPEDITED IN THE MANNER DESCRIBED 94
IN SECTION 709.151 OF THE REVISED CODE.
(C) No territory within the boundaries of a military base, 96
camp, or similar installation under the jurisdiction of a 97
military department of the United States government, that is used 98
for the housing of members of the armed forces of the United 99
States and is a center for military operations of the department 100
shall be incorporated without the approval of the secretary of 101
defense of the United States, his THE SECRETARY OF DEFENSE'S 102
designee, or other person having authority under federal law to 103
give such THE approval. 104
Sec. 707.30. (A) The petition required by DIVISION (A) OR 113
(B)(1) OF section 707.29 of the Revised Code shall be signed by 115
twenty per cent of the electors in the territory, as determined 116
by the total number of votes cast within that territory for the 117
office of governor at the preceding general election for that 118
office, and filed with the board of county commissioners 119
requesting that the question of incorporating territory as a city 120
be placed on the ballot at a special election. The petition 121
shall contain or have attached to it all of the following: 122
(1) A full description and an accurate map of the 124
territory within the proposed municipal corporation; 125
(2) A statement signed by the county auditor as to the 127
total assessed valuation of the area proposed for incorporation; 128
(3) A statement showing that the territory meets all the 130
criteria for incorporation of a city listed in division (A) of 131
section 707.29 of the Revised Code, EXCEPT THAT A SPECIAL 132
PETITION FILED UNDER DIVISION (B)(1) OF THAT SECTION INSTEAD 133
SHALL INCLUDE A STATEMENT SHOWING THAT THE CRITERIA LISTED IN 134
DIVISIONS (B)(1)(a) TO (c) OF THAT SECTION ARE MET; 136
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(4) A statement by the secretary of state that the name 138
proposed in the petition is not being used by any other municipal 139
corporation in the state; 140
(5) The name of a person to act as agent for the 142
petitioners. 143
(B) Upon EXCEPT FOR SPECIAL PETITIONS FOR INCORPORATION 145
UNDER DIVISION (B)(1) OF SECTION 707.29 OF THE REVISED CODE, UPON 146
THE filing the OF AN INCORPORATION petition, the agent for the 147
petitioners shall cause notice of the filing for incorporation, 148
containing the substance of the petition and the date of filing, 149
to be published in a newspaper of general circulation in the 150
county, for a period of three consecutive weeks. Any interested 151
person or any municipal corporation through a representative may 152
appear in support of or against the information contained in the 153
SUCH A PUBLISHED incorporation petition at any session of the 155
board before the board makes its determination and informs the 156
board of elections of its determination under division (D) of 157
this section.
SPECIAL PETITIONS FOR INCORPORATION UNDER DIVISION (B)(1) 159
OF SECTION 707.29 OF THE REVISED CODE ARE SUBJECT TO THE 160
PROCEDURES OF SECTION 707.31 OF THE REVISED CODE, RATHER THAN THE 161
PROCEDURES OF DIVISIONS (B) TO (D) OF THIS SECTION. 162
(C) The EXCEPT FOR SPECIAL PETITIONS FOR INCORPORATION 164
UNDER DIVISION (B)(1) OF SECTION 707.29 OF THE REVISED CODE, A 165
petition required by UNDER THAT section 707.29 of the Revised 166
Code may be presented to the board of county commissioners at any 167
session of the board, after which the board shall make it 168
available for inspection by any interested person. 169
Upon the filing of the petition with the board of county 171
commissioners, the board shall inform the board of elections and 172
transfer to it a copy of the petition and any other relevant 173
information available so that the board of elections may 174
determine the sufficiency of the signatures on the petition. The 175
petition shall be in conformity with the requirements of section 176
5
3501.38 of the Revised Code. The board of elections shall make 177
its determination and report its conclusions regarding the 178
sufficiency of the signatures to the board of county 179
commissioners within sixty days after the date the petition was 180
filed with the board of county commissioners. 181
The board of county commissioners may refer the description 183
and the map or plat of the territory sought to be incorporated to 184
the county engineer for a report upon their accuracy. When these 185
items are so referred to him THE ENGINEER, the engineer shall, 186
during the ninety-day period following the filing of the 188
petition, report in writing to the board upon his THE ENGINEER'S 189
findings. His THE ENGINEER'S report is not conclusive upon the 191
board. Failure of the engineer to make a report does not affect 192
the jurisdiction or duty of the board to proceed. 193
(D) The EXCEPT WHEN A SPECIAL PETITION FOR INCORPORATION 195
UNDER DIVISION (B)(1) OF SECTION 707.29 OF THE REVISED CODE IS 196
FILED, THE board of county commissioners shall, within ninety 197
days after the petition is filed, determine whether the territory 198
named in the petition fulfills all of the requirements listed in 199
divisions (A)(1) to (5) of this section and whether notice has 200
been published as required by division (B) of this section, and 201
shall so inform the board of elections. If the board of county 202
commissioners determines that the territory meets all of these 203
requirements, and if the board of elections determines that the 204
signatures on the petitions are sufficient, the board of 205
elections shall schedule a special election. Every elector 206
residing in the territory sought to be incorporated under the 207
petition shall be permitted to vote on the following question, 208
which shall be placed on the ballot: 209
"Shall the area known as .......... (insert a brief 211
description of the area sought to be incorporated) be 212
incorporated into a new city to be known as .......... (insert 213
the name of the proposed new city)? 214
6
216
For Incorporation 217
218
Against Incorporation 219
" 220
If a majority of the voters voting in the special election 223
votes in favor of incorporation, the board of elections shall 224
certify this result to the board of county commissioners. The 225
incorporation of the territory as a city shall proceed as 226
provided for municipal corporations in sections 707.08, 707.09, 227
707.21 to 707.24, 707.27, and 707.28 of the Revised Code. 228
If a majority of the voters voting in the special election 230
votes against incorporation, the board of elections shall certify 231
this result to the board of county commissioners, incorporation 232
proceedings shall cease, and no further petitions shall be filed 233
proposing the same incorporation for at least three years after 234
the date of that election. 235
(E) The entire cost of a special election held pursuant to 237
this section shall be charged, if the results of the election are 238
in favor of incorporation, to the newly formed municipal 239
corporation, and if the results of the election are against 240
incorporation, to the township or townships from which territory 241
was proposed for incorporation in the same proportion as the 242
amount of territory in each township was to the total area 243
proposed for incorporation. 244
(F) If the territory sought to be incorporated does 246
incorporate and if the territory includes any real property owned 247
by an existing municipal corporation, such THAT real property 248
shall be exempt from zoning regulations of the new municipal 249
corporation so long as it is used for public purposes by the 250
municipal corporation that owns it. 251
Public service contracts entered into by the township prior 253
to the incorporation shall be renegotiated within six months 254
after the effective date of incorporation. 255
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Sec. 707.31. (A) AFTER FILING A SPECIAL PETITION FOR 257
INCORPORATION UNDER DIVISION (B)(1) OF SECTION 707.29 OF THE 259
REVISED CODE, THE AGENT FOR THE PETITIONERS SHALL CAUSE NOTICE OF 261
THE SPECIAL PETITION TO BE PUBLISHED IN A NEWSPAPER OF GENERAL 262
CIRCULATION IN THE COUNTY FOR AT LEAST THREE CONSECUTIVE WEEKS. 264
THE BOARD OF COUNTY COMMISSIONERS SHALL TRANSFER A COPY OF THE 265
PETITION AND ANY OTHER RELEVANT INFORMATION TO THE BOARD OF 266
ELECTIONS SO THAT IT MAY DETERMINE THE SUFFICIENCY OF THE 267
SIGNATURES ON THE PETITION. THE BOARD OF ELECTIONS SHALL MAKE 268
ITS DETERMINATION AND REPORT ITS CONCLUSIONS REGARDING THE 269
SUFFICIENCY OF THE SIGNATURES TO THE BOARD OF COUNTY
COMMISSIONERS WITHIN SIXTY DAYS AFTER THE DATE THE PETITION IS 270
FILED WITH THE BOARD OF COUNTY COMMISSIONERS. 271
(B) IF A PETITION FOR ANNEXATION, OTHER THAN A SPECIAL 273
PETITION FOR ANNEXATION PROVIDED FOR IN DIVISION (B)(2) OF 274
SECTION 707.29 OF THE REVISED CODE IS FILED AFTER A SPECIAL 276
PETITION FOR INCORPORATION IS FILED, TO ANNEX ANY PROPERTY 278
PROPOSED TO BE INCORPORATED IN THE SPECIAL PETITION FOR 279
INCORPORATION, THE PETITION FOR ANNEXATION SHALL BE STAYED UNTIL
AFTER THE GENERAL ELECTION CONSIDERING INCORPORATION OF THE 281
TERRITORY. SPECIAL PETITIONS FOR ANNEXATION FILED FOR ANY SUCH 282
PROPERTY SHALL BE PROCESSED AS PROVIDED IN SECTION 709.151 OF THE 283
REVISED CODE. 284
(C) WITHIN NINETY DAYS AFTER THE DATE THAT A SPECIAL 286
PETITION FOR INCORPORATION IS FILED, THE BOARD OF COUNTY 287
COMMISSIONERS SHALL DETERMINE WHETHER THE PETITION MEETS ALL OF 289
THE CRITERIA LISTED IN DIVISIONS (B)(1)(a) TO (c) OF SECTION 291
707.29 OF THE REVISED CODE, WHETHER THE PETITION FULFILLS ALL OF
THE REQUIREMENTS OF DIVISION (A) OF SECTION 707.30 OF THE REVISED 292
CODE, AND WHETHER NOTICE HAS BEEN PUBLISHED AS REQUIRED BY 293
DIVISION (A) OF THIS SECTION. THE BOARD MAY REFER THE 295
DESCRIPTION AND THE MAP OR PLAT OF THE TERRITORY SOUGHT TO BE
INCORPORATED TO THE COUNTY ENGINEER FOR A REPORT ON THEIR 297
ACCURACY, ALTHOUGH FAILURE OF THE ENGINEER TO MAKE A TIMELY 299
8
REPORT DOES NOT AFFECT THE JURISDICTION OR DUTY OF THE BOARD TO 300
PROCEED.
IF THE BOARD DETERMINES THAT THE PETITION MEETS ALL OF 302
THOSE CRITERIA AND REQUIREMENTS AND THAT THE REQUISITE NOTICE HAS 303
BEEN PUBLISHED, IT SHALL SO INFORM THE BOARD OF ELECTIONS. 304
EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE BOARD OF 305
ELECTIONS SHALL SCHEDULE A SPECIAL ELECTION ON THE ISSUE OF 306
INCORPORATION, TO BE HELD AT THE GENERAL ELECTION IN THAT YEAR, 307
AND EVERY ELECTOR RESIDING IN THE TERRITORY SOUGHT TO BE 308
INCORPORATED UNDER THE SPECIAL PETITION SHALL BE PERMITTED TO 309
VOTE ON THE FOLLOWING QUESTION, WHICH SHALL BE PLACED ON THE 310
BALLOT:
"Shall the areas known as .......... (insert a brief 312
description of the two areas sought to be incorporated) be 313
incorporated into a new city to be known as .......... (insert 314
the name of the proposed new city)? 315
317
For Incorporation 318
319
Against Incorporation 320
" 321
(D) IF A SPECIAL PETITION FOR ANNEXATION OF TERRITORY 324
WITHIN THE AREA PROPOSED FOR INCORPORATION IS APPROVED UNDER 325
SECTION 709.151 OF THE REVISED CODE, THE BOARD OF COUNTY 326
COMMISSIONERS SHALL ADOPT A RESOLUTION AMENDING THE SPECIAL 328
PETITION FOR INCORPORATION TO REMOVE THE ANNEXED TERRITORY FROM 330
IT AND SHALL PREPARE A NEW DESCRIPTION OF THE AREA PROPOSED TO BE 331
INCORPORATED THAT IS TO BE PLACED ON THE BALLOT AT THE SPECIAL 333
ELECTION REFERRED TO IN DIVISION (C) OF THIS SECTION. THE BOARD 334
SHALL FORWARD A COPY OF THE RESOLUTION SO ADOPTED TO THE BOARD OF 335
ELECTIONS, AND THE BOARD OF ELECTIONS SHALL MODIFY THE QUESTION
ON THE BALLOT AS SPECIFIED IN THE RESOLUTION. 336
(E) IF A SPECIAL ELECTION IS HELD PURSUANT TO THIS SECTION 338
AND A MAJORITY OF THE VOTERS VOTING IN THE SPECIAL ELECTION VOTES 339
9
IN FAVOR OF INCORPORATION, THE BOARD OF ELECTIONS SHALL CERTIFY 341
THIS RESULT TO THE BOARD OF COUNTY COMMISSIONERS. INCORPORATION 342
OF THE TERRITORY AS A CITY SHALL PROCEED AS PROVIDED FOR 343
MUNICIPAL CORPORATIONS IN SECTIONS 707.08, 707.09, 707.21 TO 344
707.24, 707.27, AND 707.28 OF THE REVISED CODE. DIVISION (E) OF 346
SECTION 707.30 OF THE REVISED CODE ALSO APPLIES TO SPECIAL 348
ELECTIONS HELD PURSUANT TO THIS SECTION.
(F) IF TERRITORY IS INCORPORATED INTO A CITY PURSUANT TO 350
THIS SECTION, DIVISION (F) OF SECTION 707.30 OF THE REVISED CODE 352
APPLIES TO THE NEWLY INCORPORATED CITY.
Sec. 709.15. (A) The application of a municipal 361
corporation to the board of county commissioners requesting the 362
annexation of contiguous territory shall be by petition, setting 363
forth that under an ordinance of the legislative authority of the 364
municipal corporation the territory described in the petition was 365
authorized to be annexed to the municipal corporation. The
petition shall contain an accurate description of the territory 366
and shall be accompanied by an accurate map or plat thereof OF 367
IT.
(B) AN APPLICATION OF A MUNICIPAL CORPORATION FOR A 369
SPECIAL ANNEXATION OF TERRITORY AUTHORIZED BY DIVISION (B)(2) OF 371
SECTION 707.29 OF THE REVISED CODE SHALL FOLLOW THE PROCEDURES 372
DESCRIBED IN SECTION 709.151 OF THE REVISED CODE.
Sec. 709.151. (A) UPON RECEIPT OF A SPECIAL PETITION FOR 374
ANNEXATION AS DESCRIBED IN DIVISION (B)(2) OF SECTION 707.29 OF 375
THE REVISED CODE, THE BOARD OF COUNTY COMMISSIONERS SHALL SEND BY 377
REGULAR MAIL NOTICE OF THE PETITION TO EVERY RESIDENT FREEHOLDER 379
IN THE TERRITORY PROPOSED TO BE ANNEXED. THE COST OF THIS 381
MAILING SHALL BE PAID FOR BY THE MUNICIPAL CORPORATION REQUESTING
THE ANNEXATION. THE NOTICE SHALL INCLUDE A STATEMENT THAT THOSE 383
RESIDENT FREEHOLDERS HAVE A RIGHT TO OBJECT TO THE ANNEXATION IN 385
A SIGNED WRITING SUBMITTED TO THE BOARD WITHIN SIXTY DAYS OF THE 386
DATE ON THE NOTICE. THOSE RESIDENT FREEHOLDERS MAY OBJECT 387
INDIVIDUALLY OR MAY SUBMIT OBJECTION PETITIONS WITH MULTIPLE 388
10
SIGNATURES TO THE BOARD. ALL SUBMITTED SIGNATURES SHALL BE
FORWARDED BY THE BOARD TO THE BOARD OF ELECTIONS FOR 390
VERIFICATION. THE BOARD OF ELECTIONS SHALL NOTIFY THE BOARD OF 391
COUNTY COMMISSIONERS OF ITS VERIFICATIONS WITHIN SEVENTY DAYS OF 392
THE DATE ON THE NOTICE.
(B)(1) AT LEAST SIXTY DAYS BUT NO MORE THAN SEVENTY DAYS 394
AFTER NOTICE HAS BEEN MAILED TO RESIDENT FREEHOLDERS UNDER THIS 395
SECTION, AND AFTER RECEIVING VERIFICATION OF THE SIGNATURES OF 397
OBJECTING RESIDENT FREEHOLDERS, IF ANY, FROM THE BOARD OF 398
ELECTIONS, THE BOARD OF COUNTY COMMISSIONERS SHALL MAKE FINDINGS 399
AS TO WHETHER ALL OF THE FOLLOWING CONDITIONS ARE MET: 400
(a) THE SPECIAL PETITION FOR ANNEXATION WAS FILED WITHIN 402
THE PERIOD OF TIME PROVIDED IN DIVISION (B)(2) OF SECTION 707.29 403
OF THE REVISED CODE. 404
(b) THE TERRITORY PROPOSED TO BE ANNEXED MEETS THE 406
CRITERIA SET FORTH IN DIVISION (B)(2) OF SECTION 707.29 OF THE 407
REVISED CODE. 408
(c) THE NOTICES REQUIRED BY DIVISION (A) OF THIS SECTION 410
WERE MAILED TO ALL THE RESIDENT FREEHOLDERS IN THE TERRITORY 411
PROPOSED TO BE ANNEXED WITHIN THE TIME REQUIRED BY THAT DIVISION. 412
(d) A MAJORITY OF THE RESIDENT FREEHOLDERS IN THE 414
TERRITORY PROPOSED TO BE ANNEXED HAVE NOT OBJECTED TO THE 415
ANNEXATION IN WRITING AS PROVIDED IN DIVISION (A) OF THIS 416
SECTION.
(2) IF THE BOARD FINDS THAT ALL OF THE CONDITIONS LISTED 419
IN DIVISION (B)(1) OF THIS SECTION ARE MET, IT SHALL ADOPT A 421
RESOLUTION APPROVING THE ANNEXATION AND SHALL ENTER THE
RESOLUTION ON ITS JOURNAL. THE AUDITOR OR CLERK OF THE MUNICIPAL 423
CORPORATION TO WHICH ANNEXATION IS APPROVED SHALL MAKE AND 424
CERTIFY THREE COPIES OF THAT JOURNALIZED ENTRY AND FILE ONE OF
THE CERTIFIED COPIES ALONG WITH A COPY OF THE SPECIAL PETITION 425
FOR ANNEXATION WITH THE COUNTY AUDITOR, THE COUNTY RECORDER, AND 426
THE SECRETARY OF STATE. THE COUNTY RECORDER SHALL MAKE A RECORD 427
OF THOSE DOCUMENTS IN THE PROPER BOOK OF RECORDS AND FILE AND 428
11
PRESERVE THEM. 429
(C) ONLY A WRIT OF MANDAMUS OR AN ACTION IN QUO WARRANTO 431
MAY BE FILED CONCERNING ANY ACTION TAKEN UNDER THIS SECTION. 432
THERE IS NO OTHER APPEAL IN LAW OR EQUITY RELATIVE TO A SPECIAL 434
ANNEXATION APPROVED OR DENIED UNDER THIS SECTION.
Sec. 709.41. The owner of unplatted farm lands, annexed to 443
any municipal corporation after the ITS incorporation thereof, 445
may file a petition in the court of common pleas of the county in 446
which the lands are situated, in which such THE owner shall be 447
named as plaintiff, and the municipal corporation shall be the 449
NAMED AS defendant, setting forth the reasons why the land should 452
be detached, and the relief prayed for. A summons shall issue on 453
such THAT petition as in other actions, and the case shall 454
proceed as in other causes ACTIONS. 456
No such action shall be brought, or detachment ordered or 458
decreed, within five years from the time that such THE UNPLATTED 459
FARM lands were annexed by any such municipal corporation under 461
sections 707.01 to 707.30, inclusive, 707.31 and sections 709.01 462
to 709.42, inclusive, of the Revised Code. 463
Section 2. That existing sections 707.29, 707.30, 709.15, 465
and 709.41 of the Revised Code are hereby repealed. 466
Section 3. (A)(1) Notwithstanding anything to the 468
contrary in sections 707.29 and 707.30 of the Revised Code, a 469
special petition for incorporation as a city may be filed on or 471
before April 30, 2002, to incorporate territory that is not 473
contiguous when all of the following conditions are met:
(a) There is only one portion of the unincorporated 475
territory of the township that is separate from the largest 476
portion of the unincorporated territory of the township, and that 477
smaller portion consists of five per cent or less of the total 478
unincorporated territory of the township. 479
(b) The smaller portion of the unincorporated territory of 481
the township is separated from the larger portion of the 482
unincorporated territory of the township by one city, the 483
12
majority of whose territory is located within the boundaries of 484
the township with the unincorporated territory proposed to be 485
incorporated. 486
(c) The criteria specified in divisions (A)(1) to (4) of 488
section 707.29 of the Revised Code are satisfied. 490
(2) Special petitions for incorporation under this section 492
shall proceed as follows: 493
(a) After filing the special petition, the agent for the 495
petitioners shall cause notice of the special petition to be 496
published in a newspaper of general circulation in the county for 497
at least three consecutive weeks. The board of county 499
commissioners shall transfer a copy of the petition and any other 500
relevant information to the board of elections so that it may
determine the sufficiency of the signatures on the petition. The 501
board of elections shall make its determination and report its 502
conclusions regarding the sufficiency of the signatures to the 503
board of county commissioners within sixty days after the date 504
the petition is filed with the board of county commissioners. 505
(b) Within ninety days after the date that the special 507
petition is filed, the board of county commissioners shall 508
determine whether the petition meets all of the criteria listed 509
in division (A)(1) of this section, whether the petition fulfills 510
all of the requirements in division (A) of section 707.30 of the 511
Revised Code, and whether notice has been published as required 512
by division (A)(2)(a) of this section. The board may refer the 514
description and the map or plat of the territory sought to be 515
incorporated to the county engineer for a report on their 516
accuracy, although failure of the engineer to make a timely 517
report does not affect the jurisdiction or duty of the board to 518
proceed. If the board determines that the petition meets all of 519
those criteria and requirements and that the requisite notice has 520
been published, it shall so inform the board of elections. Then, 521
unless an annexation of relevant territory occurs before the 522
general election in 2002, under division (B) of this section, if
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the board of elections determined that the special petition's 523
signatures were sufficient, the board of elections shall schedule 525
a special election on the issue of incorporation, to be held at
the general election in 2002, and every elector residing in the 526
territory sought to be incorporated under the special petition 527
shall be permitted to vote on the following question, which shall 528
be placed on the ballot: 529
"Shall the areas known as .......... (insert a brief 531
description of the two areas sought to be incorporated) be 532
incorporated into a new city to be known as .......... (insert 533
the name of the proposed new city)? 534
536
For Incorporation 537
538
Against Incorporation 539
" 540
(c) If a special petition for annexation is approved under 544
division (B) of this section, the board of county commissioners
shall adopt a resolution amending the special petition for 546
incorporation to remove the annexed territory from it and shall 548
prepare a new description of the area proposed to be incorporated 549
that is to be placed on the ballot at the special election 551
referred to in division (A)(2)(b) of this section. The board 552
shall forward a copy of the resolution so adopted to the board of 554
elections, and the board of elections shall modify the question
on the ballot as specified in the resolution. 555
(B)(1) Whenever a special petition for incorporation is 557
filed under division (A) of this section, a special petition for 559
the annexation of all or any portion of the unincorporated 560
territory proposed to be incorporated that is separate from the 561
larger portion of that unincorporated territory may be filed with 562
the board of county commissioners by a municipal corporation
contiguous to that unincorporated territory within sixty days of 563
the date that the special petition for incorporation was filed. 564
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Upon receipt of such a special petition for incorporation, the 565
board of county commissioners shall send by regular mail notice 566
of the petition to every resident freeholder in the territory 567
proposed to be annexed. The cost of this mailing shall be paid 568
for by the municipal corporation requesting the annexation. The 569
notice shall include a statement that those resident freeholders 570
have a right to object to the annexation in a signed writing 571
submitted to the board within sixty days of the date on the 573
notice. Those resident freeholders may object individually or 574
may submit objection petitions with multiple signatures to the
board. All submitted signatures shall be forwarded by the board 576
to the board of elections for verification. The board of 578
elections shall notify the board of county commissioners of its 579
verifications within seventy days of the date on the notice.
(2) At least sixty days but no more then seventy days 581
after notice has been mailed to resident freeholders under 582
division (B)(1) of this section, and after receiving verification 584
of the signatures of objecting resident freeholders, if any, from
the board of elections, the board of county commissioners shall 586
make finding, as to whether all of the following conditions are 587
met:
(a) The special petition for annexation was filed within 589
the period of time provided for in division (B)(1) of this 590
section;
(b) The territory proposed to be annexed is separate from 592
the larger portion of the unincorporated territory proposed to be 593
incorporated and is contiguous to the municipal corporation with 595
which annexation is proposed.
(c) The notices required by division (B)(1) of this 597
section were mailed to all the resident freeholders in the 598
territory proposed to be annexed within the time required by that 599
division.
(d) A majority of the resident freeholders in the 601
territory proposed to be annexed have not objected to the 602
15
annexation in writing as provided in division (B)(1) of this 603
section.
(3) If the board finds that all of the conditions listed 606
in division (B)(2) of this section are met, it shall adopt a 607
resolution approving the annexation and shall enter the
resolution on its journal. The auditor or clerk of the municipal 609
corporation to which annexation is approved shall make and 610
certify three copies of that journalized entry and file one of
the certified copies along with a copy of the special petition 611
for annexation with the county auditor, the county recorder, and 612
the Secretary of State. The county recorder shall make a record 613
of those documents in the proper book of records and file and 614
preserve them. 615
(4) Only a writ of mandamus or an action in quo warranto 617
may be filed concerning any action taken under this division. 618
There is no other appeal in law or equity relative to a special 619
annexation approved or denied under this division. 620
(C) In addition to a special petition for annexation 622
authorized by division (B) of this section, a petition or 623
annexation as provided for in Chapter 709. of the Revised Code 624
may be filed to annex any property in unincorporated territory 625
proposed to be incorporated under division (A) of this section. 626
Such a petition for annexation shall be considered in the manner 628
provided in that chapter, and that petition shall not be stayed
simply because the filed special petition for incorporation 630
includes part or all of the territory proposed to be annexed. 631
(D) If a special election is held pursuant to division 633
(A)(2)(b) of this section and a majority of the voters voting in 635
the special election votes in favor of incorporation, the board 636
of elections shall certify this result to the board of county 637
commissioners. Incorporation of the territory as a city shall 638
proceed as provided for municipal corporations in sections 639
707.08, 707.09, 707.21 to 707.24, 707.27, and 707.28 of the 640
Revised Code. Division (E) of section 707.30 of the Revised Code 642
16
also applies to special elections held pursuant to that division. 644
(E) If territory is incorporated into a city pursuant to 646
this section, division (F) of section 707.30 of the Revised Code 648
applies to the newly incorporated city.
Section 4. Sections 1 and 2 of this act shall take effect 650
on January 1, 2003. Section 3 of this act shall take effect on 651
January 1, 2002, and expire on December 31, 2002. 652