Ohio § 707.30

§ 707.30.

(A) The petition required by section 707.29 of the Revised Code shall be signed by twenty per cent of the electors in the territory, as determined

by the total number of votes cast within that territory for the office of governor

at the preceding general election for that office, and filed with the board of county

commissioners requesting that the question of incorporating territory as a city be

placed on the ballot at a special election.  The petition shall contain or have attached to it all of the following: (1) A full description and an accurate map of the territory 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

being used by any other municipal corporation in the state; (5) The name of a person to act as agent for the petitioners. (B) Upon filing the petition, the agent for the petitioners shall cause notice of the

filing for incorporation, containing the substance of the petition and the date of

filing, to be published in a newspaper of general circulation in the county, for a

period of three consecutive weeks.  Any interested person or any municipal corporation through a representative may

appear in support of or against the information contained in the incorporation petition

at any session of the board before the board makes its determination and informs the

board of elections of its determination under division (D) of this section. (C) The petition required by section 707.29 of the Revised Code may be presented to the board of county commissioners at any session of the board,

after which the board shall make it available for inspection by any interested person. Upon the filing of the petition with the board of county commissioners, the board

shall inform the board of elections and transfer to it a copy of the petition and

any other relevant information available so that the board of elections may determine

the sufficiency of the signatures on the petition.  The petition shall be in conformity with the requirements of section 3501.38 of the Revised Code .  The board of elections shall make its determination and report its conclusions regarding

the sufficiency of the signatures to the board of county commissioners within sixty

days after the date the petition was filed with the board of county commissioners. The board of county commissioners may refer the description and the map or plat of

the territory sought to be incorporated to the county engineer for a report upon their

accuracy.  When these items are so referred to him, the engineer shall, during the ninety-day

period following the filing of the petition, report in writing to the board upon his

findings.  His report is not conclusive upon the board.  Failure of the engineer to make a report does not affect the jurisdiction or duty

of the board to proceed. (D) The board of county commissioners shall, within ninety days after the petition is

filed, determine whether the territory named in the petition fulfills all of the requirements

listed in divisions (A)(1) to (5) of this section and whether notice has been published

as required by division (B) of this section, and shall so inform the board of elections.  If the board of county commissioners determines that the territory meets all of

these requirements, and if the board of elections determines that the signatures on

the petitions are sufficient, the board of elections shall schedule a special election.  Every elector residing in the territory sought to be incorporated under the petition

shall be permitted to vote on the following question, which shall be placed on the

ballot: “Shall the area known as _____ (insert a brief description of the area sought to be incorporated) be incorporated

into a new city to be known as _____ (insert the name of the proposed new city)? For incorporation Against incorporation ” If a majority of the voters voting in the special election votes in favor of incorporation,

the board of elections shall certify this result to the board of county commissioners.  The incorporation of the territory as a city shall proceed as provided for municipal

corporations in sections 707.08 , 707.09 , 707.21 to 707.24 , 707.27 , and 707.28 of the Revised Code . If a majority of the voters voting in the special election votes against incorporation,

the board of elections shall certify this result to the board of county commissioners,

incorporation proceedings shall cease, and no further petitions shall be filed proposing

the same incorporation for at least three years after the date of that election. (E) The entire cost of a special election held pursuant to this section shall be charged,

if the results of the election are in favor of incorporation, to the newly formed

municipal corporation, and if the results of the election are against incorporation,

to the township or townships from which territory was proposed for incorporation in

the same proportion as the amount of territory in each township was to the total area

proposed for incorporation. (F) If the territory sought to be incorporated does incorporate and if the territory

includes any real property owned by an existing municipal corporation, such real property

shall be exempt from zoning regulations of the new municipal corporation so long as

it is used for public purposes by the municipal corporation that owns it. Public service contracts entered into by the township prior to the incorporation shall

be renegotiated within six months after the effective date of incorporation.