Effective: September 10, 2012
Latest Legislation: House Bill 487 - 129th General Assembly
Beginning July 1, 2011 and until November 5, 2013, the legislative authority of any municipal corporation or the board of township trustees of any township that has created or joined a regional transit authority that levies a property tax and that includes in its membership political subdivisions that are located in a county having a population of at least four hundred thousand according to the most recent federal census, may withdraw the municipal corporation or the unincorporated territory of the township from the regional transit authority in the manner provided in this section. The legislative authority or board of township trustees proposing to withdraw shall adopt a resolution to submit the question of withdrawing from the regional transit authority to the electors of the municipal corporation or the unincorporated area of the township to be withdrawn and shall certify the proposal to the board of elections for the purpose of having the proposal placed on the ballot at the next general election or at a special election conducted on the day of the next primary election that occurs not less than ninety days after the resolution is certified to the board of elections.
Upon certification of a proposal to the board of elections pursuant to this section, the board of elections shall make the necessary arrangements for the submission of the question to the electors of the territory to be withdrawn from the regional transit authority qualified to vote on the question. For a municipal corporation, the election shall be held, canvassed, and certified in the same manner as regular elections for the election of officers of the municipal corporation proposing to withdraw from the regional transit authority, except that the question appearing on the ballot of a municipal corporation shall read:
"Shall the territory within the _________________________ (name of municipal corporation to be withdrawn) be withdrawn from _________________________ _________ (name of) regional transit authority)?"
For the unincorporated area of a township, the election shall be held, canvassed, and certified in the same manner as regular elections for the election of officers of the township, except that question shall only be presented to electors of the unincorporated area of the township and the question appearing on the ballot of the unincorporated area of the township shall read:
"Shall the territory of the unincorporated area of ______ (name of township to be withdrawn) be withdrawn from ______ (name of regional transit authority)?"
The legislative authority of a municipal corporation or board of trustees of a township, by vote of two-thirds of all members of the legislative authority or board, may adopt a resolution and certify that resolution to the board of elections for the combined purpose of withdrawing from a regional transit authority as provided in this section and levying a property tax pursuant to division (XX) of section 5705.19 of the Revised Code for a municipal corporation and section 5705.72 of the Revised Code for a township. If the questions are combined, the question appearing on the ballot shall be as provided in section 5705.252 of the Revised Code.
The board of elections to which the resolution was certified shall certify the results of the election to the board or legislative authority of the subdivision that submitted the resolution to withdraw and to the board of trustees of the regional transit authority from which the subdivision proposed to withdraw. If the question is approved by at least a majority of the electors voting on the question, the municipal corporation's or unincorporated area of the township's membership in the regional transit authority terminates on the thirty-first day of December of the calendar year in which the election is held.
If the question of withdrawing from the regional transit authority is approved, the power of the regional transit authority to levy a tax on taxable property in the affected area of the withdrawing subdivision terminates beginning with the tax year in which the election is held, and no taxes from the levy may be charged for collection against such property for that tax year.
Structure Ohio Revised Code
Chapter 306 | County Transit System; Regional Transit Authority; Regional Transit Commission
Section 306.01 | Establishing County Transit System.
Section 306.02 | Members of Board, Qualifications, Terms.
Section 306.03 | Organization of County Transit Board.
Section 306.04 | Powers and Duties of Board.
Section 306.05 | Advancement of Funds for County Transit System.
Section 306.06 | Agreements to Provide Transportation Service.
Section 306.07 | Exempting Revenue and Income From Taxation.
Section 306.08 | Acquiring Publicly or Privately Owned Transit System.
Section 306.09 | Issuing Bonds.
Section 306.10 | Issuing Refunding Bonds.
Section 306.11 | Control Over County Transit System's Revenue and Funds.
Section 306.12 | Acquiring Publicly or Privately Owned Transit System - Employee Rights.
Section 306.13 | Exempting Real and Personal Property From Taxation.
Section 306.14 | Report on Franchise Agreements.
Section 306.30 | Regional Transit Authority Definitions.
Section 306.301 | Resolution Designating Part of Township Member of Regional Transit Authority.
Section 306.31 | Creating Regional Transit Authority.
Section 306.32 | Resolution for Creation of Regional Transit Authority.
Section 306.33 | Appointment of Board of Trustees.
Section 306.331 | Board of Trustees for Joint County and Municipal Authority.
Section 306.34 | Power and Authority of Board of Trustees.
Section 306.35 | Regional Transit Authority - Powers and Duties.
Section 306.351 | Purchase and Operation of Flexible Joint Bus.
Section 306.352 | Felony Conviction Precludes or Terminates Employment.
Section 306.354 | Scope of Activities for Certain Regional Transit Authorities.
Section 306.36 | Power of Eminent Domain.
Section 306.37 | Issuing Revenue Bonds.
Section 306.38 | Trust Agreement May Secure Revenue Bonds.
Section 306.39 | Interest and Maturity of Revenue Bonds.
Section 306.40 | Issuing General Obligation Bonds.
Section 306.41 | Income and Profit From Bonds Exempt From Taxation.
Section 306.42 | Secretary-Treasurer of Regional Transit Authority Duties.
Section 306.43 | Contracts - Competitive Bidding.
Section 306.44 | Contracts With Other Governmental Entities.
Section 306.45 | Officers and Employees Are Eligible for Public Employees Retirement System.
Section 306.46 | Counties and Municipalities - Powers Not Limited.
Section 306.47 | Appropriation for County Funds for Expenses.
Section 306.48 | Group Insurance for Officers and Employees.
Section 306.49 | Annual Tax Levy.
Section 306.50 | Report on Local Spending on Airports.
Section 306.51 | Conveyance, Lease, or Exchange of Personal or Real Property.
Section 306.52 | Real and Personal Property Exempt From Taxation.
Section 306.53 | Cooperation With Other Governmental Agencies.
Section 306.54 | Dissolution or Modification in Membership.
Section 306.55 | Withdrawal From Regional Transit Authority.
Section 306.551 | Contract for Transit Services After Withdrawal.
Section 306.70 | Resolution Levying Tax for Regional Transit Purposes.
Section 306.71 | Election on Question of Decrease in Tax Rate.
Section 306.73 | Notice of Change in Transit System's Territorial Boundaries.
Section 306.81 | Adjacent States Definitions.
Section 306.82 | Provisions to Include in Agreement.
Section 306.83 | Advancement or Donation of Money.
Section 306.84 | No Property to Be Included in More Than One Regional Commission.
Section 306.85 | Bonds Are Lawful Investments.
Section 306.86 | Conveyance, Lease, or Exchange of Personal or Real Property.
Section 306.87 | Real and Personal Property Exempt From Taxation.
Section 306.88 | Filing Certified Copy of Agreement With County Recorder.
Section 306.89 | Federal and State Approval Necessary.