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  1. #1
    Join Date
    Jun 2013
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    1

    Default Charter Form of Government

    A current petition is circulating our County in an effort to change our current government. Several questions have risen regarding the first few articles of the Charter. Can you read and interpret?
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    SECTION 1.01 NAME, BOUNDARIES AND POWERS

    The County of ***, as its limits now are, or hereafter may be, shall be a body politic and corporate by the name of the County of *** with all the rights granted by this Charter, Ohio provisions for Home Rule, and by general law. The County is responsible within its boundaries for the exercise of all powers vested in and the performance of all duties imposed upon counties and county officers by law. In addition, the County may exercise all powers specifically conferred by this Charter or incidental to powers specifically conferred by this Charter and all other powers that the Constitution and laws of Ohio now or hereafter grant to counties to exercise or do not prohibit counties from exercising, including the concurrent exercise by the County of all or any powers vested in municipalities by the Ohio Constitution or by general law. All such powers shall be exercised and enforced in the manner prescribed by this Charter or when not prescribed herein in such manner as may be provided by ordinance or resolution of the Council. When not prescribed by the Charter or amendments hereto or by ordinance or resolution such powers shall be exercised in the manner prescribed by general law.

    The charter is being defined as applying to the County of ***, as it currently is, and defining that it is the same legal entity with the same legal rights and responsibilities.

    SECTION 1.02 POWERS LIMITED

    This Charter does not empower the County to exercise exclusively any municipal powers nor to provide for the succession by the County to any property or obligation of any municipality or township without the consent of the legislative authority of such municipality or township. In case of conflict between the exercise of powers granted by this Charter and the exercise of powers by municipalities or townships granted by the Constitution or general law, the exercise of powers by the municipality or township shall prevail. The County shall have power to levy only those taxes that counties are by general law authorized to levy.
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    Some believe that Article 1 allows the County to overpower and take control of the Townships. Article 1.02 clearly states this is not the case, however. From a legal standpoint, what are your thoughts?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charter Form of Government

    My thought is that you should have your question reviewed by a lawyer in your undisclosed state. As you were told when you posted, laws are different in each state and you need to identify your state.

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