Effective: January 30, 2014
Latest Legislation: House Bill 72 - 130th General Assembly
Upon petition of a majority of the freehold electors owning lands in any portion of the territory of a municipal corporation, or, if no freehold electors own land therein, upon petition of a majority of the owners of lands therein, accurately described in such petition with an accurate map or plat thereof, praying to have such portion of territory detached therefrom, the board of county commissioners, with the assent of the legislative authority of the municipal corporation given in an ordinance passed for the purpose, shall detach such portion of the territory therefrom and attach it to any township contiguous thereto, or, if the petition so requests, such board shall erect the territory into a new township, the boundaries of which need not include twenty-two square miles of territory.
Before any such territory is attached or detached, under this section, the following requirements shall be met:
(A) The board shall:
(1) Ascertain and apportion the amount of existing indebtedness of the municipal corporation from which the detachment is made, which indebtedness shall be assumed and paid by the township contiguous thereto and to which the territory is attached, or by the new township, if a new township is erected, or by the corporate successors of such township, and such apportionment shall be made in proportion to the tax duplicate for the detached territory transferred to a contiguous township erected into a new township to the total tax duplicate for the remaining portion of the municipal corporation from which the detachment is made;
(2) Ascertain, adjust, and divide between the contiguous township or the new township, if a new township is erected, and the remaining portion of the municipal corporation all moneys and other credits belonging to such municipal corporation in the same proportion as is provided in this section for division and apportionment of any indebtedness;
(3) Order the amount so adjusted and divided to be paid or delivered by the parties in possession thereof to the proper officers of the contiguous township or new township and to the remaining portion of the municipal corporation.
(B) After such apportionment is made each section of the original territory by which the indebtedness was incurred shall be primarily liable for the portion of the indebtedness so apportioned.
(C) In the issuing of bonds under Chapter 133. of the Revised Code, and in arriving at the limitations imposed in such sections, only the portion of the indebtedness apportioned to each section of territory shall be counted as the net indebtedness.
(D) The petition, map, ordinance, and the order of the board, certified by the county auditor, shall be recorded in the official records in the office of the county recorder, and as soon as such record is made the proceedings shall be complete, both as to the detaching of such territory from the municipal corporation and the annexation thereof to the township or the erection of the territory into the new township, and as to the apportionment of the indebtedness.
(E) Wherever territory has been detached from a municipal corporation and attached to a township or created into a new township, the board of township trustees of such township, or, if such township has become a municipal corporation or been annexed to any municipal corporation, the legislative authority of the corporate successor of the township may, by ordinance, duly passed, contract, through its proper officers, with the municipal corporation from which the detachment was originally made, to apportion the indebtedness of the original territory in the manner provided in this section. Such a contract shall be made by ordinance or resolution, duly passed by the legislative authority of the municipal corporation or board of township trustees, and the effect of the contract shall be the same as if such apportionment was originally made by the board of county commissioners, as provided by this section.
Structure Ohio Revised Code
Title 7 | Municipal Corporations
Chapter 709 | Annexation; Detachment
Section 709.01 | Annexation and Detachment of Territory.
Section 709.012 | Reduction in Firefighting Force Resulting From Annexation of Township Territory.
Section 709.013 | Multiple Annexation Petitions Concerning Same Territory.
Section 709.014 | Fee Schedule for Annexation Costs.
Section 709.02 | Petition for Annexation by Owners of Contiguous Real Estate.
Section 709.021 | Special Procedure Where Owners Unanimously Request Annexation.
Section 709.022 | Petition Where Owners Unanimously Request Annexation.
Section 709.023 | Special Annexation Procedure Where Land Is Not Excluded From Township.
Section 709.03 | Petition Presented to Board of County Commissioners - Proceedings.
Section 709.031 | Report on Accuracy of Legal Description - Verification of Signatures.
Section 709.032 | Annexation Hearing.
Section 709.033 | Commissioners' Resolution Granting or Denying Annexation.
Section 709.04 | Accepting or Rejecting Annexation by Ordinance or Resolution.
Section 709.05 | Rejection of Application - Effect.
Section 709.06 | Proceedings When Application Allowed.
Section 709.07 | Appeal From Resolution Granting or Denying Petition.
Section 709.10 | Effective Date of Annexation and Rights of Inhabitants.
Section 709.11 | Territory Situated in More Than One County.
Section 709.12 | Apportioning of Indebtedness of Annexed Territory - Division of Funds.
Section 709.13 | Annexation of Territory Upon Action by Inhabitants Generally.
Section 709.14 | Preliminary Action by Legislative Authority.
Section 709.15 | Petition to Board of County Commissioners.
Section 709.16 | Petition by Municipal Corporation for Annexation.
Section 709.19 | Compensating Township for Lost Tax Revenue.
Section 709.191 | Annual Payments to Compensate for Lost Tax Revenue.
Section 709.192 | Annexation Agreements.
Section 709.20 | Rights When Annexation Complete.
Section 709.21 | Errors Not Fatal to Proceedings.
Section 709.23 | Arrangement of Conditions of Annexation.
Section 709.24 | Petition for Annexation - Appointment of Commission.
Section 709.25 | Ordinance or Petition - Procedure.
Section 709.26 | Designation of Commissioners for Negotiation.
Section 709.27 | Procedure on Failure of Legislative Authority to Designate Commissioners.
Section 709.28 | Conditions of Annexation.
Section 709.29 | Submission of Question of Annexation to a Vote - Procedure.
Section 709.30 | Assent to Annexation - Election.
Section 709.31 | Election Results Certified.
Section 709.32 | Clerk of Municipal Corporation to Certify Transcripts.
Section 709.33 | Effective Date of Annexation.
Section 709.34 | Government of the Municipal Corporations.
Section 709.37 | Adjustment of Boundaries of Adjoining Municipal Corporations by Mutual Consent.
Section 709.39 | Petition to Submit Question of Detachment of Territory - Election.
Section 709.40 | Apportionment of Property, Funds, and Indebtedness.
Section 709.41 | Petition for Detachment of Farm Land.
Section 709.42 | Hearing - Decision.
Section 709.43 | Merger Defined.
Section 709.44 | Territory That May Be Merged.
Section 709.45 | Petition for Merger.
Section 709.451 | Merger in Lieu of Petition.
Section 709.452 | Submission of Question of Merger to Voters.
Section 709.46 | Disapproval or Approval of Merger.
Section 709.461 | Collaborative Formulation of Merger Conditions - Unincorporated Areas.
Section 709.47 | Procedure After Disapproval or Approval.
Section 709.48 | No Petitions for Annexation After Merger Defeated.