Effective: July 2, 2010
Latest Legislation: House Bill 48 - 128th General Assembly
(A) A petition may be filed with the board of elections proposing that one or more municipal corporations be merged with another municipal corporation, or that the unincorporated area of a township be merged with one or more municipal corporations, as provided by section 709.44 of the Revised Code. The petition may be presented in separate petition papers. Each petition paper shall contain, in concise language, the purpose of the petition and the names of not less than five electors of each affected municipal corporation, or the names of not less than five electors of the unincorporated area of the township and the names of not less than five electors of each affected municipal corporation, to be nominated to serve as commissioners. The petition shall be governed by the rules of section 3501.38 of the Revised Code. The petition shall contain signatures of electors of each municipal corporation or of each municipal corporation and the unincorporated area of the township proposed to be merged and signatures of electors of the municipal corporation with which merger is proposed, numbering not less than ten per cent of the number of electors residing in each such political subdivision who voted for the office of governor at the most recent general election for that office.
(B) The petition shall be filed with the board of elections of the county in which the largest portion of the population of the municipal corporation with which merger is proposed resides. The board of elections shall cause the validity of all signatures to be ascertained and, in doing so, may require the assistance of boards of elections of other counties as the case requires. If the petition is sufficient, the board of elections of the county in which the petition is required to be filed shall submit the question: "Shall a commission be chosen to draw up a statement of conditions for merger of the political subdivisions of _________, ___________, and ___________?" for the approval or rejection of the electors of each political subdivision proposed to be merged and the electors of the municipal corporation to which merger is proposed at the next general election, in any year, occurring subsequent to the period ending ninety days after the filing of the petition with the board. Provision shall be made on the ballot for the election, from each of the component political subdivisions, of five electors who shall constitute the commission to draw up the statement of conditions for merger of the political subdivisions. If any of the political subdivisions for which merger is proposed are located wholly or partially in a county other than the one in which the petition is required to be filed, the board of elections of the county in which the petition is filed shall, if the petition is found to be sufficient, certify the sufficiency of the petition and the statement of the issue to be voted on to the boards of elections of those other counties; the boards of elections of those other counties shall submit the question of merging and the names of candidates to be elected to the commission to draw up the statement of conditions for merger, for the approval or rejection of the electors in the portions of those political subdivisions within their respective counties; and, upon the holding of the election, the boards of elections of those other counties shall certify the election results to the board of elections of the county in which the petition is required to be filed.
(C) In addition to the filing of the petition with the board of elections as provided in division (B) of this section, a copy of the petition shall be filed with the legislative authority of each affected municipal corporation and, if applicable, the board of township trustees of the affected township. At a public meeting scheduled not less than thirty days before the date of the election at which the question of merging goes before the electors, each of those legislative authorities and, if applicable, the board of township trustees shall state and explain their position on the proposed merger.
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.