Ohio § 5747.53

§ 5747.53.

(A) As used in this section: (1) “ City, located wholly or partially in the county, with the greatest population ” means the city, located wholly or partially in the county, with the greatest population

residing in the county;  however, if the county budget commission on or before January

1, 1998, adopted an alternative method of apportionment that was approved by the legislative

authority of the city, located partially in the county, with the greatest population

but not the greatest population residing in the county, “ city, located wholly or partially in the county, with the greatest population ” means the city, located wholly or partially in the county, with the greatest population

whether residing in the county or not, if this alternative meaning is adopted by action

of the board of county commissioners and a majority of the boards of township trustees

and legislative authorities of municipal corporations located wholly or partially

in the county. (2) “ Participating political subdivision ” means a municipal corporation or township that satisfies all of the following: (a) It is located wholly or partially in the county. (b) It is not the city, located wholly or partially in the county, with the greatest

population. (c) Undivided local government fund moneys are apportioned to it under the county's alternative

method or formula of apportionment in the current calendar year. (B) In lieu of the method of apportionment of the undivided local government fund of

the county provided by section 5747.51 of the Revised Code , the county budget commission may provide for the apportionment of the fund under

an alternative method or on a formula basis as authorized by this section.  The commissioner shall reduce the amount of funds from the undivided local government

fund to a subdivision required to receive reduced funds under section 5747.502 of the Revised Code . Except as otherwise provided in division (C) of this section, the alternative method

of apportionment shall have first been approved by all of the following governmental

units:  the board of county commissioners;  the legislative authority of the city,

located wholly or partially in the county, with the greatest population;  and a majority

of the boards of township trustees and legislative authorities of municipal corporations,

located wholly or partially in the county, excluding the legislative authority of

the city, located wholly or partially in the county, with the greatest population.  In granting or denying approval for an alternative method of apportionment, the

board of county commissioners, boards of township trustees, and legislative authorities

of municipal corporations shall act by motion.  A motion to approve shall be passed upon a majority vote of the members of a board

of county commissioners, board of township trustees, or legislative authority of a

municipal corporation, shall take effect immediately, and need not be published. Any alternative method of apportionment adopted and approved under this division shall

be reviewed by the county budget commission at a public hearing held at least once

in the year following the effective date of this amendment and in every fifth year

thereafter.  The county budget commission shall provide reasonable advance notice of the hearing

to all political subdivisions eligible to participate in the fund and shall take public

testimony from any such political subdivision that wishes to testify. Any alternative method of apportionment adopted and approved under this division may

be revised, amended, or repealed in the same manner as it may be adopted and approved.  If an alternative method of apportionment adopted and approved under this division

is repealed, the undivided local government fund of the county shall be apportioned

among the subdivisions eligible to participate in the fund, commencing in the ensuing

calendar year, under the apportionment provided in section 5747.52 of the Revised Code , unless the repeal occurs by operation of division (C) of this section or a new method

for apportionment of the fund is provided in the action of repeal. (C) This division applies only in counties in which the city, located wholly or partially

in the county, with the greatest population has a population of twenty thousand or

less and a population that is less than fifteen per cent of the total population of

the county.  In such a county, the legislative authorities or boards of township trustees of

two or more participating political subdivisions, which together have a population

residing in the county that is a majority of the total population of the county, each

may adopt a resolution to exclude the approval otherwise required of the legislative

authority of the city, located wholly or partially in the county, with the greatest

population.  All of the resolutions to exclude that approval shall be adopted not later than

the first Monday of August of the year preceding the calendar year in which distributions

are to be made under an alternative method of apportionment. A motion granting or denying approval of an alternative method of apportionment under

this division shall be adopted by a majority vote of the members of the board of county

commissioners and by a majority vote of a majority of the boards of township trustees

and legislative authorities of the municipal corporations located wholly or partially

in the county, other than the city, located wholly or partially in the county, with

the greatest population, shall take effect immediately, and need not be published.  The alternative method of apportionment under this division shall be adopted and

approved annually, not later than the first Monday of August of the year preceding

the calendar year in which distributions are to be made under it.  A motion granting approval of an alternative method of apportionment under this

division repeals any existing alternative method of apportionment, effective with

distributions to be made from the fund in the ensuing calendar year.  An alternative method of apportionment under this division shall not be revised

or amended after the first Monday of August of the year preceding the calendar year

in which distributions are to be made under it. (D) In determining an alternative method of apportionment authorized by this section,

the county budget commission may include in the method any factor considered to be

appropriate and reliable, in the sole discretion of the county budget commission. (E) The limitations set forth in section 5747.51 of the Revised Code , stating the maximum amount that the county may receive from the undivided local

government fund and the minimum amount the townships in counties having a population

of less than one hundred thousand may receive from the fund, are applicable to any

alternative method of apportionment authorized under this section. (F) On the basis of any alternative method of apportionment adopted and approved as authorized

by this section, as certified by the auditor to the county treasurer, the county treasurer

shall make distribution of the money in the undivided local government fund to each

subdivision eligible to participate in the fund, and the auditor, when the amount

of those shares is in the custody of the treasurer in the amounts so computed to be

due the respective subdivisions, shall at the same time certify to the tax commissioner

the percentage share of the county as a subdivision.  All money received into the treasury of a subdivision from the undivided local government

fund in a county treasury shall be paid into the general fund and used for the current

operating expenses of the subdivision.  If a municipal corporation maintains a municipal university, the university, when

the board of trustees so requests the legislative authority of the municipal corporation,

shall participate in the money apportioned to the municipal corporation from the total

local government fund, however created and constituted, in the amount requested by

the board of trustees, provided that amount does not exceed nine per cent of the total

amount paid to the municipal corporation. (G) The actions of the county budget commission taken pursuant to this section are final

and may not be appealed to the board of tax appeals, except on the issues of abuse

of discretion and failure to comply with the formula.