To amend sections 707.29, 707.30, 709.15, and 709.41 and to enact sections 707.31 and 709.151 of the Revised Code to provide for the incorporation of certain non-contiguous territory and to permit for a limited time expedited annexations of that territory using special procedures, one set of procedures to be effective in the year 2002 and the other set of procedures to be effective in 2003 and thereafter.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 707.29. (A) Cities may be incorporated in the manner provided in sections 707.29 and 707.30 of the Revised Code. Application for incorporation of a city shall be made by petition addressed to the board of county commissioners. The EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, THE territory proposed for incorporation as a city shall meet all of the following criteria:

(1) It shall consist of not less than four square miles.

(2) It shall have a population of not less than twenty-five thousand and a population density of at least one thousand persons per square mile.

(3) It shall have an assessed valuation of real, personal, and public utility property subject, except as otherwise provided in division (A)(3) of this section, to general property taxation of at least twenty-five hundred dollars per capita. In determining per capita assessed valuation under division (A)(3) of this section, the assessed valuation of any tangible personal property, buildings, structures, improvements, and fixtures that are exempt from taxation under division (B) of section 5709.081 of the Revised Code shall be added to the assessed valuation of real, personal, and public utility property subject to general property taxation.

(4) It shall not completely surround an existing municipal corporation.

(5) It shall be contiguous.

(B)(1) A SPECIAL PETITION FOR INCORPORATION AS A CITY MAY BE FILED ON OR BEFORE THE THIRTIETH DAY OF APRIL IN ANY YEAR TO INCORPORATE TERRITORY THAT IS NOT CONTIGUOUS WHEN ALL OF THE FOLLOWING CONDITIONS ARE MET:

(a) THERE IS ONLY ONE PORTION OF THE UNINCORPORATED TERRITORY OF THE TOWNSHIP THAT IS SEPARATE FROM THE LARGEST PORTION OF THE UNINCORPORATED TERRITORY OF THE TOWNSHIP, AND THAT SMALLER PORTION CONSISTS OF FIVE PER CENT OR LESS OF THE TOTAL UNINCORPORATED TERRITORY OF THE TOWNSHIP.

(b) THE SMALLER PORTION OF THE UNINCORPORATED TERRITORY OF THE TOWNSHIP IS SEPARATED FROM THE LARGER PORTION OF THE UNINCORPORATED TERRITORY OF THE TOWNSHIP BY ONE CITY, THE MAJORITY OF WHOSE TERRITORY IS LOCATED WITHIN THE BOUNDARIES OF THE TOWNSHIP WITH THE UNINCORPORATED TERRITORY PROPOSED TO BE INCORPORATED.

(c) THE CRITERIA SPECIFIED IN DIVISIONS (A)(1) TO (4) OF THIS SECTION ARE SATISFIED.

(2) WHENEVER A SPECIAL PETITION FOR INCORPORATION IS FILED IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION, A SPECIAL PETITION FOR THE ANNEXATION OF ALL OR ANY PORTION OF THE UNINCORPORATED TERRITORY PROPOSED TO BE INCORPORATED THAT IS SEPARATE FROM THE LARGER PORTION OF THAT UNINCORPORATED TERRITORY MAY BE FILED WITH THE BOARD OF COUNTY COMMISSIONERS BY A MUNICIPAL CORPORATION CONTIGUOUS TO THAT SMALLER PORTION OF THE UNINCORPORATED TERRITORY WITHIN SIXTY DAYS OF THE DATE THAT THE SPECIAL PETITION FOR INCORPORATION WAS FILED. THIS SPECIAL ANNEXATION PROCEEDING SHALL BE EXPEDITED IN THE MANNER DESCRIBED IN SECTION 709.151 OF THE REVISED CODE.

(C) No territory within the boundaries of a military base, camp, or similar installation under the jurisdiction of a military department of the United States government, that is used for the housing of members of the armed forces of the United States and is a center for military operations of the department shall be incorporated without the approval of the secretary of defense of the United States, his THE SECRETARY OF DEFENSE'S designee, or other person having authority under federal law to give such THE approval.

Sec. 707.30. (A) The petition required by DIVISION (A) OR (B)(1) OF section 707.29 of the Revised Code shall be signed by twenty per cent of the electors in the territory, as determined by the total number of votes cast within that territory for the office of governor at the preceding general election for that office, and filed with the board of county commissioners requesting that the question of incorporating territory as a city be placed on the ballot at a special election. The petition shall contain or have attached to it all of the following:

(1) A full description and an accurate map of the territory within the proposed municipal corporation;

(2) A statement signed by the county auditor as to the total assessed valuation of the area proposed for incorporation;

(3) A statement showing that the territory meets all the criteria for incorporation of a city listed in division (A) of section 707.29 of the Revised Code, EXCEPT THAT A SPECIAL PETITION FILED UNDER DIVISION (B)(1) OF THAT SECTION INSTEAD SHALL INCLUDE A STATEMENT SHOWING THAT THE CRITERIA LISTED IN DIVISIONS (B)(1)(a) TO (c) OF THAT SECTION ARE MET;

(4) A statement by the secretary of state that the name proposed in the petition is not being used by any other municipal corporation in the state;

(5) The name of a person to act as agent for the petitioners.

(B) Upon EXCEPT FOR SPECIAL PETITIONS FOR INCORPORATION UNDER DIVISION (B)(1) OF SECTION 707.29 of the Revised Code, UPON THE filing the OF AN INCORPORATION petition, the agent for the petitioners shall cause notice of the filing for incorporation, containing the substance of the petition and the date of filing, to be published in a newspaper of general circulation in the county, for a period of three consecutive weeks. Any interested person or any municipal corporation through a representative may appear in support of or against the information contained in the SUCH A PUBLISHED incorporation petition at any session of the board before the board makes its determination and informs the board of elections of its determination under division (D) of this section.

SPECIAL PETITIONS FOR INCORPORATION UNDER DIVISION (B)(1) OF SECTION 707.29 of the Revised Code ARE SUBJECT TO THE PROCEDURES OF SECTION 707.31 of the Revised Code, RATHER THAN THE PROCEDURES OF DIVISIONS (B) TO (D) OF THIS SECTION.

(C) The EXCEPT FOR SPECIAL PETITIONS FOR INCORPORATION UNDER DIVISION (B)(1) OF SECTION 707.29 of the Revised Code, A petition required by UNDER THAT section 707.29 of the Revised Code may be presented to the board of county commissioners at any session of the board, after which the board shall make it available for inspection by any interested person.

Upon the filing of the petition with the board of county commissioners, the board shall inform the board of elections and transfer to it a copy of the petition and any other relevant information available so that the board of elections may determine the sufficiency of the signatures on the petition. The petition shall be in conformity with the requirements of section 3501.38 of the Revised Code. The board of elections shall make its determination and report its conclusions regarding the sufficiency of the signatures to the board of county commissioners within sixty days after the date the petition was filed with the board of county commissioners.

The board of county commissioners may refer the description and the map or plat of the territory sought to be incorporated to the county engineer for a report upon their accuracy. When these items are so referred to him THE ENGINEER, the engineer shall, during the ninety-day period following the filing of the petition, report in writing to the board upon his THE ENGINEER'S findings. His THE ENGINEER'S report is not conclusive upon the board. Failure of the engineer to make a report does not affect the jurisdiction or duty of the board to proceed.

(D) The EXCEPT WHEN A SPECIAL PETITION FOR INCORPORATION UNDER DIVISION (B)(1) OF SECTION 707.29 of the Revised Code IS FILED, THE board of county commissioners shall, within ninety days after the petition is filed, determine whether the territory named in the petition fulfills all of the requirements listed in divisions (A)(1) to (5) of this section and whether notice has been published as required by division (B) of this section, and shall so inform the board of elections. If the board of county commissioners determines that the territory meets all of these requirements, and if the board of elections determines that the signatures on the petitions are sufficient, the board of elections shall schedule a special election. Every elector residing in the territory sought to be incorporated under the petition shall be permitted to vote on the following question, which shall be placed on the ballot:

"Shall the area known as .......... (insert a brief description of the area sought to be incorporated) be incorporated into a new city to be known as .......... (insert the name of the proposed new city)?

	For Incorporation
	Against Incorporation
		"

If a majority of the voters voting in the special election votes in favor of incorporation, the board of elections shall certify this result to the board of county commissioners. The incorporation of the territory as a city shall proceed as provided for municipal corporations in sections 707.08, 707.09, 707.21 to 707.24, 707.27, and 707.28 of the Revised Code.

If a majority of the voters voting in the special election votes against incorporation, the board of elections shall certify this result to the board of county commissioners, incorporation proceedings shall cease, and no further petitions shall be filed proposing the same incorporation for at least three years after the date of that election.

(E) The entire cost of a special election held pursuant to this section shall be charged, if the results of the election are in favor of incorporation, to the newly formed municipal corporation, and if the results of the election are against incorporation, to the township or townships from which territory was proposed for incorporation in the same proportion as the amount of territory in each township was to the total area proposed for incorporation.

(F) If the territory sought to be incorporated does incorporate and if the territory includes any real property owned by an existing municipal corporation, such THAT real property shall be exempt from zoning regulations of the new municipal corporation so long as it is used for public purposes by the municipal corporation that owns it.

Public service contracts entered into by the township prior to the incorporation shall be renegotiated within six months after the effective date of incorporation.

Sec. 707.31. (A) AFTER FILING A SPECIAL PETITION FOR INCORPORATION UNDER DIVISION (B)(1) OF SECTION 707.29 OF THE REVISED CODE, THE AGENT FOR THE PETITIONERS SHALL CAUSE NOTICE OF THE SPECIAL PETITION TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY FOR AT LEAST THREE CONSECUTIVE WEEKS. THE BOARD OF COUNTY COMMISSIONERS SHALL TRANSFER A COPY OF THE PETITION AND ANY OTHER RELEVANT INFORMATION TO THE BOARD OF ELECTIONS SO THAT IT MAY DETERMINE THE SUFFICIENCY OF THE SIGNATURES ON THE PETITION. THE BOARD OF ELECTIONS SHALL MAKE ITS DETERMINATION AND REPORT ITS CONCLUSIONS REGARDING THE SUFFICIENCY OF THE SIGNATURES TO THE BOARD OF COUNTY COMMISSIONERS WITHIN SIXTY DAYS AFTER THE DATE THE PETITION IS FILED WITH THE BOARD OF COUNTY COMMISSIONERS.

(B) IF A PETITION FOR ANNEXATION, OTHER THAN A SPECIAL PETITION FOR ANNEXATION PROVIDED FOR IN DIVISION (B)(2) OF SECTION 707.29 OF THE REVISED CODE IS FILED AFTER A SPECIAL PETITION FOR INCORPORATION IS FILED, TO ANNEX ANY PROPERTY PROPOSED TO BE INCORPORATED IN THE SPECIAL PETITION FOR INCORPORATION, THE PETITION FOR ANNEXATION SHALL BE STAYED UNTIL AFTER THE GENERAL ELECTION CONSIDERING INCORPORATION OF THE TERRITORY. SPECIAL PETITIONS FOR ANNEXATION FILED FOR ANY SUCH PROPERTY SHALL BE PROCESSED AS PROVIDED IN SECTION 709.151 OF THE REVISED CODE.

(C) WITHIN NINETY DAYS AFTER THE DATE THAT A SPECIAL PETITION FOR INCORPORATION IS FILED, THE BOARD OF COUNTY COMMISSIONERS SHALL DETERMINE WHETHER THE PETITION MEETS ALL OF THE CRITERIA LISTED IN DIVISIONS (B)(1)(a) TO (c) OF SECTION 707.29 of the Revised Code, WHETHER THE PETITION FULFILLS ALL OF THE REQUIREMENTS OF DIVISION (A) OF SECTION 707.30 of the Revised Code, AND WHETHER NOTICE HAS BEEN PUBLISHED AS REQUIRED BY DIVISION (A) OF THIS SECTION. THE BOARD MAY REFER THE DESCRIPTION AND THE MAP OR PLAT OF THE TERRITORY SOUGHT TO BE INCORPORATED TO THE COUNTY ENGINEER FOR A REPORT ON THEIR ACCURACY, ALTHOUGH FAILURE OF THE ENGINEER TO MAKE A TIMELY REPORT DOES NOT AFFECT THE JURISDICTION OR DUTY OF THE BOARD TO PROCEED.

IF THE BOARD DETERMINES THAT THE PETITION MEETS ALL OF THOSE CRITERIA AND REQUIREMENTS AND THAT THE REQUISITE NOTICE HAS BEEN PUBLISHED, IT SHALL SO INFORM THE BOARD OF ELECTIONS. EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, THE BOARD OF ELECTIONS SHALL SCHEDULE A SPECIAL ELECTION ON THE ISSUE OF INCORPORATION, TO BE HELD AT THE GENERAL ELECTION IN THAT YEAR, AND EVERY ELECTOR RESIDING IN THE TERRITORY SOUGHT TO BE INCORPORATED UNDER THE SPECIAL PETITION SHALL BE PERMITTED TO VOTE ON THE FOLLOWING QUESTION, WHICH SHALL BE PLACED ON THE BALLOT:

"Shall the areas known as .......... (insert a brief description of the two areas sought to be incorporated) be incorporated into a new city to be known as .......... (insert the name of the proposed new city)?

	For Incorporation
	Against Incorporation
		"

(D) IF A SPECIAL PETITION FOR ANNEXATION OF TERRITORY WITHIN THE AREA PROPOSED FOR INCORPORATION IS APPROVED UNDER SECTION 709.151 OF THE REVISED CODE, THE BOARD OF COUNTY COMMISSIONERS SHALL ADOPT A RESOLUTION AMENDING THE SPECIAL PETITION FOR INCORPORATION TO REMOVE THE ANNEXED TERRITORY FROM IT AND SHALL PREPARE A NEW DESCRIPTION OF THE AREA PROPOSED TO BE INCORPORATED THAT IS TO BE PLACED ON THE BALLOT AT THE SPECIAL ELECTION REFERRED TO IN DIVISION (C) OF THIS SECTION. THE BOARD SHALL FORWARD A COPY OF THE RESOLUTION SO ADOPTED TO THE BOARD OF ELECTIONS, AND THE BOARD OF ELECTIONS SHALL MODIFY THE QUESTION ON THE BALLOT AS SPECIFIED IN THE RESOLUTION.

(E) IF A SPECIAL ELECTION IS HELD PURSUANT TO THIS SECTION AND A MAJORITY OF THE VOTERS VOTING IN THE SPECIAL ELECTION VOTES IN FAVOR OF INCORPORATION, THE BOARD OF ELECTIONS SHALL CERTIFY THIS RESULT TO THE BOARD OF COUNTY COMMISSIONERS. INCORPORATION OF THE TERRITORY AS A CITY SHALL PROCEED AS PROVIDED FOR MUNICIPAL CORPORATIONS IN SECTIONS 707.08, 707.09, 707.21 TO 707.24, 707.27, AND 707.28 OF THE REVISED CODE. DIVISION (E) OF SECTION 707.30 OF THE REVISED CODE ALSO APPLIES TO SPECIAL ELECTIONS HELD PURSUANT TO THIS SECTION.

(F) IF TERRITORY IS INCORPORATED INTO A CITY PURSUANT TO THIS SECTION, DIVISION (F) OF SECTION 707.30 OF THE REVISED CODE APPLIES TO THE NEWLY INCORPORATED CITY.

Sec. 709.15. (A) The application of a municipal corporation to the board of county commissioners requesting the annexation of contiguous territory shall be by petition, setting forth that under an ordinance of the legislative authority of the municipal corporation the territory described in the petition was authorized to be annexed to the municipal corporation. The petition shall contain an accurate description of the territory and shall be accompanied by an accurate map or plat thereof OF IT.

(B) AN APPLICATION OF A MUNICIPAL CORPORATION FOR A SPECIAL ANNEXATION OF TERRITORY AUTHORIZED BY DIVISION (B)(2) OF SECTION 707.29 OF THE REVISED CODE SHALL FOLLOW THE PROCEDURES DESCRIBED IN SECTION 709.151 OF THE REVISED CODE.

Sec. 709.151. (A) UPON RECEIPT OF A SPECIAL PETITION FOR ANNEXATION AS DESCRIBED IN DIVISION (B)(2) OF SECTION 707.29 OF THE REVISED CODE, THE BOARD OF COUNTY COMMISSIONERS SHALL SEND BY REGULAR MAIL NOTICE OF THE PETITION TO EVERY RESIDENT FREEHOLDER IN THE TERRITORY PROPOSED TO BE ANNEXED. THE COST OF THIS MAILING SHALL BE PAID FOR BY THE MUNICIPAL CORPORATION REQUESTING THE ANNEXATION. THE NOTICE SHALL INCLUDE A STATEMENT THAT THOSE RESIDENT FREEHOLDERS HAVE A RIGHT TO OBJECT TO THE ANNEXATION IN A SIGNED WRITING SUBMITTED TO THE BOARD WITHIN SIXTY DAYS OF THE DATE ON THE NOTICE. THOSE RESIDENT FREEHOLDERS MAY OBJECT INDIVIDUALLY OR MAY SUBMIT OBJECTION PETITIONS WITH MULTIPLE SIGNATURES TO THE BOARD. ALL SUBMITTED SIGNATURES SHALL BE FORWARDED BY THE BOARD TO THE BOARD OF ELECTIONS FOR VERIFICATION. THE BOARD OF ELECTIONS SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS OF ITS VERIFICATIONS WITHIN SEVENTY DAYS OF THE DATE ON THE NOTICE.

(B)(1) AT LEAST SIXTY DAYS BUT NO MORE THAN SEVENTY DAYS AFTER NOTICE HAS BEEN MAILED TO RESIDENT FREEHOLDERS UNDER THIS SECTION, AND AFTER RECEIVING VERIFICATION OF THE SIGNATURES OF OBJECTING RESIDENT FREEHOLDERS, IF ANY, FROM THE BOARD OF ELECTIONS, THE BOARD OF COUNTY COMMISSIONERS SHALL MAKE FINDINGS AS TO WHETHER ALL OF THE FOLLOWING CONDITIONS ARE MET:

(a) THE SPECIAL PETITION FOR ANNEXATION WAS FILED WITHIN THE PERIOD OF TIME PROVIDED IN DIVISION (B)(2) OF SECTION 707.29 OF THE REVISED CODE.

(b) THE TERRITORY PROPOSED TO BE ANNEXED MEETS THE CRITERIA SET FORTH IN DIVISION (B)(2) OF SECTION 707.29 OF THE REVISED CODE.

(c) THE NOTICES REQUIRED BY DIVISION (A) OF THIS SECTION WERE MAILED TO ALL THE RESIDENT FREEHOLDERS IN THE TERRITORY PROPOSED TO BE ANNEXED WITHIN THE TIME REQUIRED BY THAT DIVISION.

(d) A MAJORITY OF THE RESIDENT FREEHOLDERS IN THE TERRITORY PROPOSED TO BE ANNEXED HAVE NOT OBJECTED TO THE ANNEXATION IN WRITING AS PROVIDED IN DIVISION (A) OF THIS SECTION.

(2) IF THE BOARD FINDS THAT ALL OF THE CONDITIONS LISTED IN DIVISION (B)(1) OF THIS SECTION ARE MET, IT SHALL ADOPT A RESOLUTION APPROVING THE ANNEXATION AND SHALL ENTER THE RESOLUTION ON ITS JOURNAL. THE AUDITOR OR CLERK OF THE MUNICIPAL CORPORATION TO WHICH ANNEXATION IS APPROVED SHALL MAKE AND CERTIFY THREE COPIES OF THAT JOURNALIZED ENTRY AND FILE ONE OF THE CERTIFIED COPIES ALONG WITH A COPY OF THE SPECIAL PETITION FOR ANNEXATION WITH THE COUNTY AUDITOR, THE COUNTY RECORDER, AND THE SECRETARY OF STATE. THE COUNTY RECORDER SHALL MAKE A RECORD OF THOSE DOCUMENTS IN THE PROPER BOOK OF RECORDS AND FILE AND PRESERVE THEM.

(C) ONLY A WRIT OF MANDAMUS OR AN ACTION IN QUO WARRANTO MAY BE FILED CONCERNING ANY ACTION TAKEN UNDER THIS SECTION. THERE IS NO OTHER APPEAL IN LAW OR EQUITY RELATIVE TO A SPECIAL ANNEXATION APPROVED OR DENIED UNDER THIS SECTION.

Sec. 709.41. The owner of unplatted farm lands, annexed to any municipal corporation after the ITS incorporation thereof, may file a petition in the court of common pleas of the county in which the lands are situated, in which such THE owner shall be named as plaintiff, and the municipal corporation shall be the NAMED AS defendant, setting forth the reasons why the land should be detached, and the relief prayed for. A summons shall issue on such THAT petition as in other actions, and the case shall proceed as in other causes ACTIONS.

No such action shall be brought, or detachment ordered or decreed, within five years from the time that such THE UNPLATTED FARM lands were annexed by any such municipal corporation under sections 707.01 to 707.30, inclusive, 707.31 and sections 709.01 to 709.42, inclusive, of the Revised Code.

(a) There is only one portion of the unincorporated territory of the township that is separate from the largest portion of the unincorporated territory of the township, and that smaller portion consists of five per cent or less of the total unincorporated territory of the township.

(b) The smaller portion of the unincorporated territory of the township is separated from the larger portion of the unincorporated territory of the township by one city, the majority of whose territory is located within the boundaries of the township with the unincorporated territory proposed to be incorporated.

(c) The criteria specified in divisions (A)(1) to (4) of section 707.29 of the Revised Code are satisfied.

(2) Special petitions for incorporation under this section shall proceed as follows:

(a) After filing the special petition, the agent for the petitioners shall cause notice of the special petition to be published in a newspaper of general circulation in the county for at least three consecutive weeks. The board of county commissioners shall transfer a copy of the petition and any other relevant information to the board of elections so that it may determine the sufficiency of the signatures on the petition. The board of elections shall make its determination and report its conclusions regarding the sufficiency of the signatures to the board of county commissioners within sixty days after the date the petition is filed with the board of county commissioners.

(b) Within ninety days after the date that the special petition is filed, the board of county commissioners shall determine whether the petition meets all of the criteria listed in division (A)(1) of this section, whether the petition fulfills all of the requirements in division (A) of section 707.30 of the Revised Code, and whether notice has been published as required by division (A)(2)(a) of this section. The board may refer the description and the map or plat of the territory sought to be incorporated to the county engineer for a report on their accuracy, although failure of the engineer to make a timely report does not affect the jurisdiction or duty of the board to proceed. If the board determines that the petition meets all of those criteria and requirements and that the requisite notice has been published, it shall so inform the board of elections. Then, unless an annexation of relevant territory occurs before the general election in 2002, under division (B) of this section, if the board of elections determined that the special petition's signatures were sufficient, the board of elections shall schedule a special election on the issue of incorporation, to be held at the general election in 2002, and every elector residing in the territory sought to be incorporated under the special petition shall be permitted to vote on the following question, which shall be placed on the ballot:

"Shall the areas known as .......... (insert a brief description of the two areas sought to be incorporated) be incorporated into a new city to be known as .......... (insert the name of the proposed new city)?

	For Incorporation
	Against Incorporation
		"

(c) If a special petition for annexation is approved under division (B) of this section, the board of county commissioners shall adopt a resolution amending the special petition for incorporation to remove the annexed territory from it and shall prepare a new description of the area proposed to be incorporated that is to be placed on the ballot at the special election referred to in division (A)(2)(b) of this section. The board shall forward a copy of the resolution so adopted to the board of elections, and the board of elections shall modify the question on the ballot as specified in the resolution.

(B)(1) Whenever a special petition for incorporation is filed under division (A) of this section, a special petition for the annexation of all or any portion of the unincorporated territory proposed to be incorporated that is separate from the larger portion of that unincorporated territory may be filed with the board of county commissioners by a municipal corporation contiguous to that unincorporated territory within sixty days of the date that the special petition for incorporation was filed. Upon receipt of such a special petition for incorporation, the board of county commissioners shall send by regular mail notice of the petition to every resident freeholder in the territory proposed to be annexed. The cost of this mailing shall be paid for by the municipal corporation requesting the annexation. The notice shall include a statement that those resident freeholders have a right to object to the annexation in a signed writing submitted to the board within sixty days of the date on the notice. Those resident freeholders may object individually or may submit objection petitions with multiple signatures to the board. All submitted signatures shall be forwarded by the board to the board of elections for verification. The board of elections shall notify the board of county commissioners of its verifications within seventy days of the date on the notice.

(2) At least sixty days but no more then seventy days after notice has been mailed to resident freeholders under division (B)(1) of this section, and after receiving verification of the signatures of objecting resident freeholders, if any, from the board of elections, the board of county commissioners shall make finding, as to whether all of the following conditions are met:

(a) The special petition for annexation was filed within the period of time provided for in division (B)(1) of this section;

(b) The territory proposed to be annexed is separate from the larger portion of the unincorporated territory proposed to be incorporated and is contiguous to the municipal corporation with which annexation is proposed.

(c) The notices required by division (B)(1) of this section were mailed to all the resident freeholders in the territory proposed to be annexed within the time required by that division.

(d) A majority of the resident freeholders in the territory proposed to be annexed have not objected to the annexation in writing as provided in division (B)(1) of this section.

(3) If the board finds that all of the conditions listed in division (B)(2) of this section are met, it shall adopt a resolution approving the annexation and shall enter the resolution on its journal. The auditor or clerk of the municipal corporation to which annexation is approved shall make and certify three copies of that journalized entry and file one of the certified copies along with a copy of the special petition for annexation with the county auditor, the county recorder, and the Secretary of State. The county recorder shall make a record of those documents in the proper book of records and file and preserve them.

(4) Only a writ of mandamus or an action in quo warranto may be filed concerning any action taken under this division. There is no other appeal in law or equity relative to a special annexation approved or denied under this division.

(C) In addition to a special petition for annexation authorized by division (B) of this section, a petition or annexation as provided for in Chapter 709. of the Revised Code may be filed to annex any property in unincorporated territory proposed to be incorporated under division (A) of this section. Such a petition for annexation shall be considered in the manner provided in that chapter, and that petition shall not be stayed simply because the filed special petition for incorporation includes part or all of the territory proposed to be annexed.

(D) If a special election is held pursuant to division (A)(2)(b) of this section and a majority of the voters voting in the special election votes in favor of incorporation, the board of elections shall certify this result to the board of county commissioners. Incorporation of the territory as a city shall proceed as provided for municipal corporations in sections 707.08, 707.09, 707.21 to 707.24, 707.27, and 707.28 of the Revised Code. Division (E) of section 707.30 of the Revised Code also applies to special elections held pursuant to that division.

(E) If territory is incorporated into a city pursuant to this section, division (F) of section 707.30 of the Revised Code applies to the newly incorporated city.