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Townships pen letter to Niles on annexation

HOWLAND — Howland and Weathersfield townships on Saturday sent a letter to elected officials in the city of Niles that makes it clear the townships “are prepared to take whatever action is necessary to protect their interests” when it comes to annexation.

In December, Niles City Council passed legislation that calls for contiguous commercial businesses and residents who live outside of the city limits but use city utilities to annex into Niles.

Areas that are not adjacent to the city that use utilities will be expected to pay the amount equal to the city income tax that would have been paid if those parties were annexed.

The letter calls for the city to stay the implementation of the ordinance and calls for a meeting with representatives of Niles and Trumbull County.

Lawyer Robert Zimmerman, writing on behalf of the townships, questions the city’s authority to compel property owners to annex. He cites agencies — including the county, the state and the Eastgate Regional Council of Governments — that could trump the city’s authority with regards to permissions for utilities such as water and sewer.

The letter also calls the required “flat” fee for residential customers and a commercial fee equal to the city’s 2 percent income tax assessment “discriminatory, arbitrary and unreasonable.”

“Clearly, the city has no legal authority to impose a municipal income tax on non-residents of, or persons not earning income in, the city,” the letter states.

A meeting of involved parties is set for 2 p.m. Feb. 11 in the Trumbull County commissioner’s hearing room, 160 High St., in downtown Warren with representatives of the Youngstown Warren Regional Chamber expected to lead discussions.

Zimmerman, in the letter, requests an advance meeting to specifically address the contents of the letter.

The county commissioners previously said it isn’t their place to take sides in the Niles annexation issue, but they hope by bringing the city’s leaders together with township officials from Howland and Weathersfield, they can help foster a dialogue.

avugrincic@tribtoday.com

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