The exercise of the various powers pertaining to annexation proceedings by Summit County Council in the manner prescribed by general law and in accordance with the legislative powers vested in the County Council by Section 3.03 of the Charter is hereby confirmed, and all such powers pertaining to annexation proceedings shall hereafter be exercised and enforced by County Council in the manner prescribed by general law for the exercise and enforcement of such powers by County Commissioners.
(a) Filing of Annexation Petition. A petition for annexation pursuant to Ohio R.C. 709.02 shall be filed by the agent for the petitioners in the office of the County Council. The original and eight copies of the petition shall be provided to the Clerk who shall time stamp each document and return one copy to the agent for the petitioners.
(b) Form of Annexation Petition. The petition when filed shall be in the form and comply with the provisions of Ohio R.C. 709.02. Failure to file complete petition in any respect shall be cause for its dismissal.
(c) Filing Fees. At the time of filing with the Clerk of Council, the agent for the petitioners shall also pay the initial fee of three hundred fifty dollars ($350.00) for costs as authorized by Ohio R.C. 709.014. Subsequent costs, if any, shall be authorized through legislation.
(d) All Subsequent Filings. Any notice, request or document associated with or required to be filed with Council that relates to an annexation shall be filed with one original and eight copies with the Clerk of Council, who shall, upon receipt, time stamp all nine copies and return one copy to the filing entity.
(e) File for Public Inspection. Upon receipt of a petition for annexation, the Clerk shall create a duplicate file for public inspection. This file shall have placed into it and shall contain a copy of each and every document received and filed in the Clerk of Council that relates to the annexation. This file shall be available for inspection by any member of the public during the regular business hours of the Clerk of Council. A copy of any document in the file shall be provided to any member of the public within a reasonable period of time after its request and upon the payment of any copying charges.
(f) Notice by Publication. For the purpose of the notice required to be published by the agent pursuant to Ohio R.C. 709.03(B)(3), the following newspapers are determined to be newspapers of general circulation in this county: Akron Beacon Journal.
(g) Public Comment. Public comment regarding a petition for annexation will be accepted by the County Council during the session of the Council when the petition appears on the agenda as an item of business. The Council shall have the discretion to limit comment to that which is relevant and non-repetitive.
(h) Review of Petitions Filed Pursuant to Ohio R.C. 709.021. A petition filed pursuant to Ohio R.C. 709.021, seeking annexation under one of the special procedures provided for in Ohio R.C. 709.022, 709.023 and 709.024, shall be reviewed by the Council to determine whether the contents of the petition meet the statutory requirements of Divisions (C), (D) and (E) of Ohio R.C. 709.02 and any other particular statutory requirement specific to the section under which it was filed. Failure to meet a requirement shall be fatal to the petition, and Council shall pass a resolution specifically identifying the deficiency and dismissing the petition. A petition dismissed by Council may be re-filed at any time upon the correction of the deficiency.
(i) Annexation Hearing. A hearing before the County Council shall be held pursuant to Ohio R.C. 709.024(E) or 709.03. The hearing shall be public. The hearing shall commence upon the time and date established by the County Council, however, may be continued until its completion at the discretion of the County Council.
(j) Personal Testimony. Any person providing testimony to the County Council shall first be sworn.
(k) Affidavit Testimony. Affidavit testimony will be accepted by the County Council, but only if the filing of the affidavit has complied with Ohio R.C. 709.03(C).
(l) Rights Conferred by Statute. Ohio law provides certain persons with various opportunities to request that certain actions be taken with regard to an annexation petition or hearing. These requests shall be made in writing and filed with the Clerk of Council. The Clerk may provide a form upon which these requests must be submitted. These requests include:
(1) Withdrawal of signature, pursuant to Ohio R.C. 709.03(C).
(2) Amendment of the petition, pursuant to Ohio R.C. 709.031(B).
(3) Challenge of proof of authority to sign, pursuant to Ohio R.C. 709.031(C).
(4) Request for the issue of subpoena, pursuant to Ohio R.C. 709.032(B).
(5) Request for hearing transcript, pursuant to Ohio R.C. 709.032(B).
(m) Record of Hearing. The official record of the hearing shall be taken by an official court reporter.
(n) Request for Copy of Record. A request for a written transcript of the hearing shall be submitted to the Clerk.
(o) Order of the Hearing. The hearing before the Summit County Council will be conducted as follows:
(1) Opening Statements.
(2) Challenges to validity of petition signatures.
A. Owner’s request to void petition signatures.
B. Challenges to proof of authority of person to sign.
(3) Determination of the validity of the petition.
(4) Disposition of procedural matters.
(5) Presentation of the case by the parties.
A. Agent for the petitioners’ case.
B. Municipality’s case.
C. Township’s case (or township’s cases, if more than one is involved).
(6) Testimony from any other person wishing to support or contest the petition.
(7) Closing Statements.
(8) Adjournment.
(p) Continuance of the Hearing. The County Council may, within its discretion, continue a hearing. The necessity and timing of a continuance will be based upon consultation with the necessary parties in an attempt to be fair to all parties. A continuance will be granted in order to ensure that the hearing is completed in a timely manner and that all parties are given a reasonable opportunity to prepare for and present their case.
(q) Post-hearing Briefs. Necessary parties to the hearing will be given the opportunity to file a post-hearing brief, which will be incorporated into the record as a non- evidentiary exhibit. A post-hearing brief will be accepted within fourteen (14) days after the adjournment of the hearing. The brief should contain:
(1) Proposed findings of fact on each of the conditions for annexation as requested in either Ohio R.C. 709.024(F) or Ohio R.C. 709.033(A).
(2) References to hearing testimony or exhibits in support of those findings.
(3) Recommendations as to the decision of the County Council.
(r) Decision of the Summit County Council. The County Council shall render its decision within thirty (30) days after adjournment of the hearing.
(s) Following the approval of a n annexation by County Council and acceptance by the municipality to which the property is to be annexed, the municipality may petition the Council to conform the boundaries of the township to make the boundaries identical to the boundaries of the municipality pursuant to Ohio R.C. 503.07 when permitted by general law.
(Ord. 2006-544. Adopted 12-18-06.)