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Ohio Revised Code Search

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Section 707.05 | Fixing time and place for hearing petition - notice.

...The board shall fix, and communicate to the agent of the petitioners, the time and place for hearing the petition, which time shall be not less than forty nor more than ninety days after the petition is presented to the board pursuant to section 707.03 of the Revised Code. Thereupon the agent for the petitioners shall cause a notice containing the substance of the petition, and the time and place where it will be hea...

Section 707.06 | Hearing - amendments.

...The hearing provided for in section 707.05 of the Revised Code shall be public. Any person interested may appear, in person or by attorney, and contest the granting of the prayer of the petition provided for by section 707.02 of the Revised Code, and affidavits presented in support of or against the prayer of such petition shall be considered by the board. The board of county commissioners may amend the petition on i...

Section 707.07 | Order of incorporation.

...rder on its journal allowing the incorporation if it finds that: (A) The petition contains all the matters required in section 707.02 of the Revised Code and the statements in the petition are true. (B) Notice has been published as is required by section 707.05 of the Revised Code. (C) The number of valid signatures on the petition constituted fifty-one per cent of the electors within the territory proposed to be ...

Section 707.08 | Recording of journal entry.

...ssioners grants the petition for incorporation as a village or if the board of elections certifies to the board of county commissioners the results of a favorable election for incorporation as a city pursuant to section 707.30 of the Revised Code, the board of county commissioners shall enter on its journal all the orders and proceedings of the board relating to the incorporation and deliver a certified transcript of...

Section 707.09 | Record.

...ounty recorder's office, and at the expiration of sixty days thereafter, unless enjoined as provided in section 707.11 of the Revised Code, the county recorder shall make a record of the petition, transcript, if any, and map in the official records. The county recorder shall also file a copy of the record with the secretary of state. The county recorder shall preserve in the county recorder's office the origina...

Section 707.11 | Injunction against recorder.

...ng of the papers relating to the incorporation of a village by the board of county commissioners with the county recorder as provided by sections 707.08 and 707.09 of the Revised Code, any person interested may make application by petition to the court of common pleas setting forth the errors complained of or claiming the decision of the board is unreasonable or unlawful, and praying an injunction restraining the rec...

Section 707.12 | Procedure in injunction cases.

... the petitioners for the municipal corporation. On receiving such notice, the recorder shall transmit to the clerk of the court of common pleas all the papers relating to the matter of incorporation on file in the recorder's office, and in that event, no record of the papers shall be made by the recorder as provided in section 707.09 of the Revised Code until he receives a certificate from such clerk showing that the...

Section 707.13 | Filing, docketing, and hearing of petition.

...The court of common pleas shall hear the petition not less than twenty days from the filing thereof and at such hearing the court may hear evidence upon the matters averred in the petition. If the court finds no error in the proceedings before the board of county commissioners and that the board's decision was reasonable and lawful, the petition for such injunction shall be dismissed. Thereupon the clerk shall return...

Section 707.14 | Proceedings if error is found.

...ard for the purpose of effecting incorporation. The court shall render such judgment as to the payment of the cost incurred in such proceeding for injunction as is just and equitable.

Section 707.21 | Election of officers - special election.

...ction of officers for a municipal corporation organized under Chapter 707. of the Revised Code shall be held at the time of the next regular municipal election if one occurs not less than one hundred five nor more than one hundred eighty days after the creation of the municipal corporation. Otherwise a special election shall be held. Such special election may be held on the day of a primary or general election ...

Section 707.22 | Territory embracing parts of more than one county.

...of such territory into a municipal corporation, the petition shall be made to the board of county commissioners of the county in which the largest number of qualified voters of the proposed municipal corporation reside, and a statement to that effect shall be set forth in the petition. The transcript of the proceedings of the board, if required, and the other papers relating to the incorporation shall be recorded in ...

Section 707.23 | Jurisdiction of officers.

... the county in which the municipal corporation is situated, their jurisdiction in a municipal corporation embracing territory of more than one county shall be coextensive with each of the counties in which any part of such territory is located.

Section 707.24 | Fees.

...Each municipal officer shall receive for the services required of him under sections 707.01 to 707.28, inclusive, of the Revised Code, the same fees he would be entitled to for similar services in other cases. Unless such fees are paid in advance for services under sections 707.01 to 707.28, inclusive, of the Revised Code, by the agent of the petitioners, of whom demand may be made, such officer need not perform the ...

Section 707.25 | Proceedings to change name.

... to change the name of a municipal corporation a petition for the purpose, subscribed by at least twelve freeholders of the municipal corporation, setting forth the reasons such change is desirable, shall be filed in the court of common pleas of the county in which such municipal corporation, or the larger part thereof, is situated. A notice, setting forth the object of the petitioners, and the time when and place w...

Section 707.26 | Power of court - saving rights.

... change in the name of a municipal corporation as provided by section 707.25 of the Revised Code, upon being satisfied, by proof, of the following: (A) The prayer of the petitioners is just and reasonable. (B) Notice, as required by such section, has been given. (C) At least three-fourths of the inhabitants of such municipal corporation desire the change. (D) There is no other municipal corporation in this st...

Section 707.27 | Effect of error.

...ng for the creation of a municipal corporation shall render it invalid if the territory sought to be incorporated has been recognized as such municipal corporation, and if any tax levied upon it as such has been paid, or if it has been subjected to the authority of the municipal legislative authority without objection from its inhabitants.

Section 707.28 | Division of property and funds when village or city is incorporated from township.

...ach township shall be taken into consideration. Ten days' notice of a hearing shall be given by the treasurer of the applicant to the township fiscal officer of each township whose property and funds are sought to be divided. The findings and orders of the probate court under this section shall be final.

Section 707.29 | Incorporation of city.

...he Revised Code. Application for incorporation of a city shall be made by petition addressed to the board of county commissioners. 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 squ...

Section 707.30 | Requirements for petition for special election on question of incorporation.

...tory 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; (4) A statement by the secretary of state that the name proposed in the petition is not be...

Section 709.01 | Annexation and detachment of territory.

...with, or detached from, municipal corporations, in the manner provided in this chapter, provided that no territory lying 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 depa...

Section 709.011 | Clerk to notify board of elections of vacancies in office and change in municipal boundaries.

...or clerk of council of a municipal corporation shall notify the board of elections of all vacancies caused by death, resignation, or otherwise in the elective offices of the municipal corporation. Such notification shall be made in writing and filed not later than ten days after the vacancy occurs with the board of elections of the county or counties in which the municipal corporation is located. The clerk or clerk ...

Section 709.012 | Reduction in firefighting force resulting from annexation of township territory.

...When a municipal corporation annexes township territory which results in a reduction of the firefighting force of the township or joint township fire district, the reduction shall be made by dismissal of firefighters in the inverse order of seniority, with the employee with least time of service being dismissed first. The annexing municipal corporation shall offer employment in the inverse order of dismissal by the t...

Section 709.013 | Multiple annexation petitions concerning same territory.

...(A) If, after a petition for annexation is filed with the board of county commissioners, one or more other petitions are filed containing all or a part of the territory contained in the first petition, the board shall hear and decide the petitions in the order in which they were filed. (B) The effect of granting any petition under division (A) of this section shall be to delete from any subsequently filed petition a...

Section 709.014 | Fee schedule for annexation costs.

...(A) The board of county commissioners may establish a reasonable fee or schedule of fees to cover its costs incurred in any annexation proceedings that take place under this chapter. The board also may require an initial deposit to be paid at the time a petition for annexation is filed under sections 709.02 to 709.21 of the Revised Code or promptly after that time. The clerk of the board shall maintain an accurate an...

Section 709.015 | Substantial compliance with procedural requirements is sufficient to grant jurisdiction.

...The procedural requirements set forth in sections 709.02 to 709.21 of the Revised Code are directory in nature. Substantial compliance with the procedural requirements of those sections is sufficient to grant the board of county commissioners jurisdiction to hear and render its decision on a petition for annexation filed under those sections. The board shall cure a procedural defect and shall not deny a petition for...