2006 Ohio Revised Code - 709.48. Petitions for annexation barred until merger is defeated.

§ 709.48. Petitions for annexation barred until merger is defeated.
 

On and after the date on which a petition is filed with the board of elections under section 709.45 of the Revised Code for the election of a merger commission for the merger of one or more municipal corporations and the unincorporated territory of a township, no petition for the annexation of any part of the unincorporated territory of the township shall be filed with a board of county commissioners under section 709.03 or 709.15 of the Revised Code, until one of the following occurs: 

(A) The question of forming a merger commission is defeated at the election provided for under section 709.45 of the Revised Code by a majority of the electors of any one of the municipal corporations or the unincorporated territory of the township in which the election is held. 

(B) The merger commission elected pursuant to section 709.45 of the Revised Code fails to reach agreement on merger conditions by the seventy-fifth day preceding the next general election occurring after the election of the members of the commission or, if the time for the commission's existence is extended under division (D) of section 709.462 [709.46.2] of the Revised Code, by the date that extension ceases, whichever is later. 

(C) The merger conditions agreed upon by the merger commission are defeated by a majority of the electors of any one of the municipal corporations or the unincorporated territory of the township in which the election on the conditions is held. 
 

HISTORY: 139 v S 20 (Eff 10-9-81); 145 v S 264. Eff 9-29-94; 150 v H 256, § 1, eff. 4-7-05.

 

Effect of Amendments

150 v H 256, effective April 7, 2005, rewrote (B); and substituted "merger conditions" for "conditions of merger" in (C).