Ohio § 715.71

§ 715.71.

(A) This section provides alternative procedures and requirements to those set forth

in section 715.70 of the Revised Code for creating and operating a joint economic development district.  Divisions (B) , (C) , (D)(1) to (3) , and (F) of section 715.70 of the Revised Code do not apply to a joint economic development district established under this section.  However, divisions (A) , (D)(4) , (E) , (G) , (H) , (I) , (J) , (K) , and (L) of section 715.70 of the Revised Code do apply to a district established under this section. (B) One or more municipal corporations and one or more townships may enter into a contract

approved by the legislative authority of each contracting party pursuant to which

they create as a joint economic development district one or more areas for the purpose

of facilitating economic development to create or preserve jobs and employment opportunities

and to improve the economic welfare of the people in this state and in the area of

the contracting parties.  The district created shall be located within the territory of one or more of the

contracting parties and may consist of all or a portion of that territory.  The boundaries of the district shall be described in the contract or in an addendum

to the contract.  The area or areas of land to be included in the district shall not include any parcel

of land owned in fee by or leased to a municipal corporation or township, unless the

municipal corporation or township is a party to the contract or has given its consent

to have its parcel of land included in the district by the adoption of a resolution.  As used in this division, “parcel of land” has the same meaning as in division (B) of section 715.70 of the Revised Code . (C) Before the legislative authority of a municipal corporation or a board of township

trustees adopts an ordinance or resolution approving a contract to create a joint

economic development district under this section, it shall hold a public hearing concerning

the joint economic development district contract and shall provide thirty days' public

notice of the time and place of the public hearing in a newspaper of general circulation

in the municipal corporation and the township.  Each municipal corporation and township that is a party to the contract shall hold

a public hearing.  During the thirty-day period prior to a public hearing, a copy of the text of the

contract together with copies of district maps and plans related to or part of the

contract shall be on file, for public examination, in the offices of the clerk of

the legislative authority of the municipal corporation and of the township fiscal

officer.  The public hearings provided for in this division shall allow for public comment

and recommendations on the proposed contract.  The participating parties may include in the contract any of those recommendations

prior to approval of the contract. (D) After the legislative authority of a municipal corporation and the board of township

trustees have adopted an ordinance and resolution approving a contract to create a

joint economic development district, the municipal corporation and the township jointly

shall file with the legislative authority of each county within which a party to the

contract is located all of the following: (1) A signed copy of the contract, together with copies of district maps and plans related

to or part of the contract; (2) Certified copies of the ordinances and resolutions of the contracting parties relating

to the district and the contract; (3) A certificate of each of the contracting parties that the public hearings provided

for in division (C) of this section have been held, the date of the hearings, and

evidence of publication of the notice of the hearings. (E) Within thirty days after the filing under division (D) of this section, the legislative

authority of each county within which a party to the contract is located shall adopt

a resolution acknowledging the receipt of the required documents, approving the creation

of the joint economic development district, and directing that the resolution of the

board of township trustees approving the contract be submitted to the electors of

the township for approval at the next succeeding general, primary, or special election.  The legislative authority of the county shall file with the board of elections at

least ninety days before the day of the election a copy of the resolution of the board

of township trustees approving the contract.  The resolution of the legislative authority of the county also shall specify the

date the election is to be held and shall direct the board of elections to conduct

the election in the township.  If the resolution of the legislative authority of the county is not adopted within

the thirty-day period after the filing under division (D) of this section, the joint

economic development district shall be deemed approved by the county legislative authority,

and the board of township trustees shall file its resolution with the board of elections

for submission to the electors of the township for approval at the next succeeding

general, primary, or special election.  The filing shall occur at least ninety days before the specified date the election

is to be held and shall direct the board of elections to conduct the election in the

township. The ballot shall be in the following form: “Shall the resolution of the board of township trustees approving the contract with

․․․․․․․․․․․․․․․ (here insert name of each municipal corporation and other township that is a party

to the contract) for the creation of a joint economic development district be approved? FOR THE RESOLUTION AND CONTRACT AGAINST THE RESOLUTION AND CONTRACT” If a majority of the electors of the township voting on the issue vote for the resolution

and contract, the resolution shall become effective immediately and the contract shall

go into effect immediately or in accordance with its terms. (F) The contract creating the district shall set forth or provide for the amount or nature

of the contribution of each municipal corporation and township to the development

and operation of the district and may provide for the sharing of the costs of the

operation of and improvements for the district.  The contributions may be in any form to which the contracting municipal corporations

and townships agree and may include but are not limited to the provision of services,

money, real or personal property, facilities, or equipment.  The contract may provide for the contracting parties to share revenue from taxes

levied on property by one or more of the contracting parties if those revenues may

lawfully be applied to that purpose under the legislation by which those taxes are

levied.  The contract shall provide for new, expanded, or additional services, facilities,

or improvements, including expanded or additional capacity for or other enhancement

of existing services, facilities, or improvements, provided that the existing services,

facilities, or improvements, or the expanded or additional capacity for or enhancement

of the existing services, facilities, or improvements, have been provided within the

two-year period prior to the execution of the contract. (G) The contract shall enumerate the specific powers, duties, and functions of the board

of directors of the district and shall provide for the determination of procedures

that are to govern the board of directors.  The contract may grant to the board the power to adopt a resolution to levy an income

tax within the district.  The income tax shall be used for the purposes of the district and for the purposes

of the contracting municipal corporations and townships pursuant to the contract.  The income tax may be levied in the district based on income earned by persons working

or residing within the district and based on the net profits of businesses located

in the district.  The income tax of the district shall follow the provisions of Chapter 718. of the

Revised Code, except that no vote shall be required by the electors residing in the

district.  The rate of the income tax shall be no higher than the highest rate being levied

by a municipal corporation that is a party to the contract. The board of directors of a district levying an income tax shall enter into an agreement

with one of the municipal corporations that is a party to the contract to administer,

collect, and enforce the income tax on behalf of the district.  The resolution levying the income tax shall provide the same credits, if any, to

residents of the district for income taxes paid to other districts or municipal corporations

where the residents work, as credits provided to residents of the municipal corporation

administering the income tax. (H) No annexation proceeding pursuant to Chapter 709. of the Revised Code that proposes

the annexation to or merger or consolidation with a municipal corporation, except

a municipal corporation that is a party to the contract, of any unincorporated territory

within the district shall be commenced for a period of three years after the contract

is filed with the legislative authority of each county within which a party to the

contract is located in accordance with division (D) of this section unless each board

of township trustees whose territory is included, in whole or part, within the district

and the territory proposed to be annexed, merged, or consolidated adopts a resolution

consenting to the commencement of the proceeding and a copy of the resolution is filed

with the legislative authority of each such county or unless the contract is terminated

during this three-year period.  The contract entered into between the municipal corporations and townships pursuant

to this section may provide for the prohibition of any annexation by the participating

municipal corporations of any unincorporated territory within the district.