As Passed by the House* 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 201 5
1997-1998 6
SENATORS OELSLAGER-HOTTINGER- REPRESENTATIVES 9
CAREY-TERWILLEGER-EVANS-GARCIA-
ROMAN-SCHULER-O'BRIEN-SALERNO-MAIER- SCHURING-GARDNER 11
_________________________________________________________________ 12
A B I L L
To amend sections 133.18, 309.09, 323.131, 323.153, 14
345.04, 511.28, 715.70, 1545.21, 1901.31, 16
1905.05, 3709.085, 5705.03, 5705.192, 5705.197,
5705.25, 5705.251, 5705.71, 6119.02, and 6119.04, 17
to enact sections 9.03, 5705.314, and 6119.071, 19
and to repeal section 505.07 of the Revised Code
to require the political subdivision or 20
subdivisions proposing the establishment of a 21
regional water and sewer district to hold a
public meeting before filing the petition for the 22
establishment, to provide for the removal of 23
appointed members from the board of trustees of a 24
district, to require additional study prior to 25
the establishment of a district if the court in 26
which the petition is heard orders that study, to 27
allow a board of health to charge a fee for 28
inspections of all semipublic disposal systems
conducted under contract with the Environmental 29
Protection Agency, to require the county 30
prosecuting attorney to act as legal advisor to 31
any township board or commission, to allow the 32
compensation of a mayor's court magistrate to be 33
fixed by contract, to specify that the clerk of 34
the Medina Municipal Court shall be appointed by 35
the judges of that court irrespective of whether 36
the territorial population of that court is less 37
2
than, equals, or exceeds 100,000, to require
ballots proposing property taxes that would apply 38
to the same year in which the taxes are voted on 39
to state expressly that the tax would apply in
that year, to require taxing authorities to 40
obtain certain information regarding proposed
taxes from the county auditor before submitting 41
the question of the tax to electors, to require a 42
board of education to conduct public hearing if
proposed changes in its inside millage will 43
result in a tax increase in the district, to make
changes to a notice in real property tax bills, 44
to clarify language governing application for the 45
2 1/2% residential property tax reduction, to
authorize political subdivisions to use 47
newsletters and other means to communicate
information to the public within the political 48
subdivision and to other persons affected by the
political subdivision, and to declare an 49
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 51
Section 1. That sections 133.18, 309.09, 323.131, 323.153, 53
345.04, 511.28, 715.70, 1545.21, 1901.31, 1905.05, 3709.085, 54
5705.03, 5705.192, 5705.197, 5705.25, 5705.251, 5705.71, 6119.02, 56
and 6119.04 be amended and sections 9.03, 5705.314, and 6119.071 58
of the Revised Code be enacted to read as follows:
Sec. 9.03. (A) AS USED IN THIS SECTION, "POLITICAL 61
SUBDIVISION" MEANS ANY BODY CORPORATE AND POLITIC, EXCEPT A
MUNICIPAL CORPORATION THAT HAS ADOPTED A CHARTER UNDER SECTION 7 62
OF ARTICLE XVIII, OHIO CONSTITUTION, AND EXCEPT A COUNTY THAT HAS 64
ADOPTED A CHARTER UNDER SECTIONS 3 AND 4 OF ARTICLE X, OHIO 65
CONSTITUTION, TO WHICH BOTH OF THE FOLLOWING APPLY: 67
3
(1) IT IS RESPONSIBLE FOR GOVERNMENTAL ACTIVITIES ONLY IN 69
A GEOGRAPHIC AREA SMALLER THAN THE STATE. 70
(2) IT IS SUBJECT TO THE SOVEREIGN IMMUNITY OF THE STATE. 72
(B) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS 75
SECTION, THE GOVERNING BODY OF A POLITICAL SUBDIVISION MAY USE 76
PUBLIC FUNDS TO PUBLISH AND DISTRIBUTE NEWSLETTERS, OR TO USE ANY 77
OTHER MEANS, TO COMMUNICATE INFORMATION ABOUT THE PLANS, 78
POLICIES, AND OPERATIONS OF THE POLITICAL SUBDIVISION TO MEMBERS 79
OF THE PUBLIC WITHIN THE POLITICAL SUBDIVISION AND TO OTHER 80
PERSONS WHO MAY BE AFFECTED BY THE POLITICAL SUBDIVISION. 81
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(5) OF 83
SECTION 340.03 OR DIVISION (A)(12) OF SECTION 340.033 OF THE 84
REVISED CODE, NO GOVERNING BODY OF A POLITICAL SUBDIVISION SHALL 85
USE PUBLIC FUNDS TO DO ANY OF THE FOLLOWING: 86
(1) PUBLISH, DISTRIBUTE, OR OTHERWISE COMMUNICATE 88
INFORMATION THAT DOES ANY OF THE FOLLOWING: 89
(a) CONTAINS DEFAMATORY, LIBELOUS, OR OBSCENE MATTER; 91
(b) PROMOTES ALCOHOLIC BEVERAGES, CIGARETTES OR OTHER 93
TOBACCO PRODUCTS, OR ANY ILLEGAL PRODUCT, SERVICE, OR ACTIVITY; 94
(c) PROMOTES ILLEGAL DISCRIMINATION ON THE BASIS OF RACE, 96
COLOR, RELIGION, NATIONAL ORIGIN, HANDICAP, AGE, OR ANCESTRY; 97
(d) SUPPORTS OR OPPOSES ANY LABOR ORGANIZATION OR ANY 99
ACTION BY, ON BEHALF OF, OR AGAINST ANY LABOR ORGANIZATION; 100
(e) SUPPORTS OR OPPOSES THE NOMINATION OR ELECTION OF A 103
CANDIDATE FOR PUBLIC OFFICE, THE INVESTIGATION, PROSECUTION, OR 104
RECALL OF A PUBLIC OFFICIAL, OR THE PASSAGE OF A LEVY OR BOND 105
ISSUE.
(2) COMPENSATE ANY EMPLOYEE OF THE POLITICAL SUBDIVISION 108
FOR TIME SPENT ON ANY ACTIVITY TO INFLUENCE THE OUTCOME OF AN 109
ELECTION FOR ANY OF THE PURPOSES DESCRIBED IN DIVISION (C)(1)(e) 110
OF THIS SECTION. DIVISION (C)(2) OF THIS SECTION DOES NOT 111
PROHIBIT THE USE OF PUBLIC FUNDS TO COMPENSATE AN EMPLOYEE OF A 112
POLITICAL SUBDIVISION FOR ATTENDING A PUBLIC MEETING TO PRESENT 113
INFORMATION ABOUT THE POLITICAL SUBDIVISION'S FINANCES, 114
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ACTIVITIES, AND GOVERNMENTAL ACTIONS IN A MANNER THAT IS NOT 115
DESIGNED TO INFLUENCE THE OUTCOME OF AN ELECTION OR THE PASSAGE
OF A LEVY OR BOND ISSUE, EVEN THOUGH THE ELECTION, LEVY, OR BOND 116
ISSUE IS DISCUSSED OR DEBATED AT THE MEETING. 117
(D) NOTHING IN THIS SECTION PROHIBITS OR RESTRICTS ANY 120
POLITICAL SUBDIVISION FROM SPONSORING, PARTICIPATING IN, OR DOING 121
ANY OF THE FOLLOWING:
(1) CHARITABLE OR PUBLIC SERVICE ADVERTISING THAT IS NOT 124
COMMERCIAL IN NATURE;
(2) ADVERTISING OF EXHIBITIONS, PERFORMANCES, PROGRAMS, 126
PRODUCTS, OR SERVICES THAT ARE PROVIDED BY EMPLOYEES OF A 128
POLITICAL SUBDIVISION OR ARE PROVIDED AT OR THROUGH PREMISES 130
OWNED OR OPERATED BY A POLITICAL SUBDIVISION;
(3) LICENSING AN INTEREST IN A NAME OR MARK THAT IS OWNED 132
OR CONTROLLED BY THE POLITICAL SUBDIVISION. 134
(E) AS USED IN THIS SECTION, "CIGARETTES" AND "TOBACCO 136
PRODUCT" HAVE THE SAME MEANINGS AS IN SECTION 5743.01 OF THE 138
REVISED CODE.
Sec. 133.18. (A) The taxing authority of a subdivision 147
may by legislation submit to the electors of the subdivision the 148
question of issuing any general obligation bonds, for one 149
purpose, that the subdivision has power or authority to issue. 150
(B) When the taxing authority of a subdivision desires or 152
is required by law to submit the question of a bond issue to the 153
electors, it shall pass legislation that does all of the 154
following: 155
(1) Declares the necessity and purpose of the bond issue; 157
(2) States the date of the authorized election at which 159
the question shall be submitted to the electors; 160
(3) States the amount, approximate date, estimated rate of 162
interest, and maximum number of years over which the principal of 163
the bonds may be paid; 164
(4) Declares the necessity of levying a tax outside the 166
tax limitation to pay the debt charges on the bonds and any 167
5
anticipatory securities. 168
The estimated rate of interest, and any statutory or 170
charter limit on interest rate that may then be in effect and 171
that is subsequently amended, shall not be a limitation on the 172
actual interest rate or rates on the securities when issued. 173
(C) The taxing authority shall certify a copy of the 175
legislation passed under division (B) of this section to the 176
county auditor. The county auditor shall promptly calculate and 177
advise and, not later than seventy-five days before the election, 178
confirm that advice by certification to, the taxing authority the 179
estimated average annual property tax levy, expressed in cents or 180
dollars and cents for each one hundred dollars of tax valuation 181
and in mills for each one dollar of tax valuation, that the 182
county auditor estimates to be required throughout the stated 183
maturity of the bonds to pay the debt charges on the bonds. In 184
calculating the estimated average annual property tax levy for 185
this purpose, the county auditor shall assume that the bonds are 186
issued in one series bearing interest and maturing in 187
substantially equal principal amounts in each year over the 188
maximum number of years over which the principal of the bonds may 189
be paid as stated in that legislation, and that the amount of the 190
tax valuation of the subdivision for the current year remains the 191
same throughout the maturity of the bonds. If the tax valuation 192
for the current year is not determined, the county auditor shall 193
base the calculation on the estimated amount of the tax valuation 194
submitted by the county auditor to the county budget commission. 195
If the subdivision is located in more than one county, the county 196
auditor shall obtain the assistance of the county auditors of the 197
other counties, and those county auditors shall provide 198
assistance, in establishing the tax valuation of the subdivision 199
for purposes of certifying the estimated average annual property 200
tax levy. 201
(D) After receiving the county auditor's advice under 203
division (C) of this section, the taxing authority by legislation 204
6
may determine to proceed with submitting the question of the 205
issue of securities, and shall, not later than the seventy-fifth 206
day before the day of the election, file the following with the 207
board of elections: 208
(1) Copies of the legislation provided for in division 210
DIVISIONS (B) of this section and in this division (D) OF THIS 212
SECTION;
(2) The amount of the estimated average annual property 214
tax levy, expressed in cents or dollars and cents for each one 215
hundred dollars of tax valuation and in mills for each one dollar 216
of tax valuation, as estimated and certified to the taxing 217
authority by the county auditor. 218
(E)(1) The board of elections shall prepare the ballots 220
and make other necessary arrangements for the submission of the 221
question to the electors of the subdivision. If the subdivision 222
is located in more than one county, the board shall inform the 223
boards of elections of the other counties of the filings with it, 224
and those other boards shall if appropriate make the other 225
necessary arrangements for the election in their counties. The 226
election shall be conducted, canvassed, and certified in the 227
manner provided in Title XXXV of the Revised Code. 228
(2) The election shall be held at the regular places for 230
voting in the subdivision. If the electors of only a part of a 231
precinct are qualified to vote at the election the board of 232
elections may assign the electors in that part to an adjoining 233
precinct, including an adjoining precinct in another county if 234
the board of elections of the other county consents to and 235
approves the assignment. Each elector so assigned shall be 236
notified of that fact prior to the election by notice mailed by 237
the board of elections, in such manner as it determines, prior to 238
the election. 239
(3) The board of elections shall publish a notice of the 241
election, in one or more newspapers of general circulation in the 242
subdivision, at least once no later than ten days prior to the 243
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election. The notice shall state all of the following: 244
(a) The principal amount of the proposed bond issue; 246
(b) The stated purpose for which the bonds are to be 248
issued; 249
(c) The maximum number of years over which the principal 251
of the bonds may be paid; 252
(d) The estimated additional average annual property tax 254
levy, expressed in cents or dollars and cents for each one 255
hundred dollars of tax valuation and in mills for each one dollar 256
of tax valuation, to be levied outside the tax limitation, as 257
estimated and certified to the taxing authority by the county 258
auditor; 259
(e) THE FIRST MONTH AND YEAR IN WHICH THE TAX WILL BE 261
LEVIED.
(F)(1) The form of the ballot to be used at the election 263
shall be substantially either of the following, as applicable: 264
(a) "Shall bonds be issued by the ............ (name of 266
subdivision) for the purpose of ........... (purpose of the bond 267
issue) in the principal amount of .......... (principal amount of 268
the bond issue), to be repaid annually over a maximum period of 269
.......... (the maximum number of years over which the principal 270
of the bonds may be paid) years, and an annual levy of property 271
taxes be made outside the .......... (as applicable, "ten-mill" 272
or "...charter tax") limitation, estimated by the county auditor 273
to average over the repayment period of the bond issue .......... 274
(number of mills) mills for each one dollar of tax valuation, 275
which amounts to .......... (rate expressed in cents or dollars 276
and cents, such as "36 cents" or "$1.41") for each $100 ONE 277
HUNDRED DOLLARS of tax valuation, BEGINNING IN .......... (FIRST 279
MONTH AND YEAR THE TAX WILL BE LEVIED), to pay the annual debt 280
charges on the bonds, and to pay debt charges on any notes issued 281
in anticipation of those bonds.? 282
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__________________________________ 284
For the bond issue 285
__________________________________ 286
Against the bond issue 287
__________________________________ " 288
(b) In the case of an election held pursuant to 291
legislation adopted under section 3375.43 or 3375.431 of the 292
Revised Code: 293
"Shall bonds be issued for .......... (name of library) for 295
the purpose of .......... (purpose of the bond issue), in the 296
principal amount of .......... (amount of the bond issue) by 297
.......... (the name of the subdivision that is to issue the 298
bonds and levy the tax) as the issuer of the bonds, to be repaid 299
annually over a maximum period of .......... (the maximum number 300
of years over which the principal of the bonds may be paid) 301
years, and an annual levy of property taxes be made outside the 302
ten-mill limitation, estimated by the county auditor to average 303
over the repayment period of the bond issue .......... (number of 304
mills) mills for each one dollar of tax valuation, which amounts 305
to .......... (rate expressed in cents or dollars and cents, such 306
as "36 cents" or "$1.41") for each $100 ONE HUNDRED DOLLARS of 307
tax valuation, BEGINNING IN .......... (FIRST MONTH AND YEAR THE 309
TAX WILL BE LEVIED), to pay the annual debt charges on the bonds, 311
and to pay debt charges on any notes issued in anticipation of 312
those bonds.?
__________________________________ 314
For the bond issue 315
__________________________________ 316
Against the bond issue 317
__________________________________ " 318
(2) The purpose for which the bonds are to be issued shall 321
be printed in the space indicated, in boldface type. 322
(G) The board of elections shall promptly certify the 324
results of the election to the tax commissioner, the county 325
9
auditor of each county in which any part of the subdivision is 326
located, and the fiscal officer of the subdivision. The 327
election, including the proceedings for and result of the 328
election, is incontestable other than in a contest filed under 329
section 3515.09 of the Revised Code in which the plaintiff 330
prevails. 331
(H) If a majority of the electors voting upon the question 333
vote for it, the taxing authority of the subdivision may proceed 334
under sections 133.21 to 133.33 of the Revised Code with the 335
issuance of the securities and with the levy and collection of a 336
property tax outside the tax limitation during the period the 337
securities are outstanding sufficient in amount to pay the debt 338
charges on the securities, including debt charges on any 339
anticipatory securities required to be paid from that tax. If 340
legislation passed under section 133.22 or 133.23 of the Revised 341
Code authorizing those securities is filed with the county 342
auditor on or before the last day of November, the amount of the 343
voted property tax levy required to pay debt charges or estimated 344
debt charges on the securities payable in the following year 345
shall if requested by the taxing authority be included in the 346
taxes levied for collection in the following year under section 347
319.30 of the Revised Code. 348
(I)(1) If, before any securities authorized at an election 350
under this section are issued, the net indebtedness of the 351
subdivision exceeds that applicable to that subdivision or those 352
securities, then and so long as that is the case none of the 353
securities may be issued. 354
(2) No securities authorized at an election under this 356
section may be initially issued after the first day of the sixth 357
January following the election, but this period of limitation 358
shall not run for any time during which any part of the permanent 359
improvement for which the securities have been authorized, or the 360
issuing or validity of any part of the securities issued or to be 361
issued, or the related proceedings, is involved or questioned 362
10
before a court or a commission or other tribunal, administrative 363
agency, or board. 364
(3) Securities representing a portion of the amount 366
authorized at an election that are issued within the applicable 367
limitation on net indebtedness are valid and in no manner 368
affected by the fact that the balance of the securities 369
authorized cannot be issued by reason of the net indebtedness 370
limitation or lapse of time. 371
(4) Nothing in this division (I) shall be interpreted or 373
applied to prevent the issuance of securities in an amount to 374
fund or refund anticipatory securities lawfully issued. 375
(5) The limitations of divisions (I)(1) and (2) of this 377
section do not apply to any securities authorized at an election 378
under this section if at least ten per cent of the principal 379
amount of the securities, including anticipatory securities, 380
authorized has theretofore been issued, or if the securities are 381
to be issued for the purpose of participating in any federally or 382
state-assisted program. 383
(6) The certificate of the fiscal officer of the 385
subdivision is conclusive proof of the facts referred to in this 386
division (I). 387
Sec. 309.09. (A) The prosecuting attorney shall be the 404
legal adviser of the board of county commissioners, board of 405
elections, and all other county officers and boards, including 406
all tax-supported public libraries, and any of them may require 407
written opinions or instructions from the prosecuting attorney in 408
matters connected with their official duties. The prosecuting 410
attorney shall prosecute and defend all suits and actions which 412
any such officer or board directs or to which it is a party, and 413
no county officer may employ any other counsel or attorney at the 414
expense of the county, except as provided in section 305.14 of 415
the Revised Code.
(B) Such THE prosecuting attorney shall be the legal 417
adviser for all township officers, BOARDS, AND COMMISSIONS, 418
11
unless the township has adopted the limited self-government form 421
of township government pursuant to Chapter 504. of the Revised 422
Code and has not entered into a contract to have the prosecuting 423
attorney serve as the township law director, in which case the 424
township law director, whether serving full-time or part-time, 425
shall be the legal adviser for all township officers, BOARDS, AND 426
COMMISSIONS. When the board of township trustees finds it 428
advisable or necessary to have additional legal counsel it may 429
employ an attorney other than the township law director or the 430
prosecuting attorney of the county, either for a particular 431
matter or on an annual basis, to represent the township and its 432
officers, BOARDS, AND COMMISSIONS in their official capacities 434
and to advise them on legal matters. No such counsel or attorney 435
may be employed, except on the order of the board of township 436
trustees, duly entered upon its journal, in which the
compensation to be paid for such legal services shall be fixed. 437
Such compensation shall be paid from the township fund. 438
Nothing in this division confers any of the powers or 440
duties of a prosecuting attorney under section 309.08 of the 441
Revised Code upon a township law director. 442
(C) Whenever the board of county commissioners employs an 444
attorney other than the prosecuting attorney of the county, 445
without the authorization of the court of common pleas as 446
provided in section 305.14 of the Revised Code, either for a 447
particular matter or on an annual basis, to represent the board 448
of county commissioners in its official capacity and to advise it 449
on legal matters, the board of county commissioners shall enter 450
upon its journal an order of the board in which the compensation 451
to be paid for such legal services shall be fixed. The 452
compensation shall be paid from the county general fund. The 453
total compensation paid, in any year, by the board of county 454
commissioners for legal services under this division shall not 455
exceed the total annual compensation of the prosecuting attorney 456
for that county. 457
12
(D) The prosecuting attorney and the board of county 459
commissioners jointly may contract with a board of park 460
commissioners under section 1545.07 of the Revised Code for the 461
prosecuting attorney to provide legal services to the park 462
district the board of park commissioners operates. All moneys 463
received pursuant to such a contract shall be deposited into the 464
prosecuting attorney's legal services fund, which shall be 465
established in the county treasury of each county in which such a 466
contract exists. Moneys in that fund may be appropriated only to 467
the prosecuting attorney for the purpose 9f providing legal 468
services under a contract entered into under this division. 469
Sec. 323.131. Each tax bill prepared and mailed or 478
delivered under section 323.13 of the Revised Code shall be in 479
the form and contain the information required by the tax 480
commissioner. The commissioner may prescribe different forms for 481
each county and may authorize the county auditor to make up tax 482
bills and tax receipts to be used by the county treasurer. For 483
any county in which the board of county commissioners has granted 484
a partial property tax exemption on homesteads under section 485
323.158 of the Revised Code, the commissioner shall require that 487
the tax bills for those homesteads include a notice of the amount 488
of the tax reduction that results from the partial exemption. In 489
addition to the information required by the commissioner, each 491
tax bill shall contain the following information: 492
(A) The taxes levied and the taxes charged and payable 494
against the property; 495
(B) The effective tax rate. The words "effective tax 497
rate" shall appear in boldface type. 498
(C) The following notices: 500
(1) "Notice: If the taxes are not paid within one year 502
from the date they are due, the property is subject to 503
foreclosure for tax delinquency." Failure to provide such notice 504
has no effect upon the validity of any tax foreclosure to which a 505
property is subjected. 506
13
(2) "Notice: If the taxes charged against this parcel 508
have been reduced by the 2-1/2 per cent tax reduction for 509
residences occupied by the owner but the property is not a 511
residence occupied by the owner, the owner must notify the county 512
auditor's office not later than March 31, ..... (insert OF the 513
year following the year for which the taxes are due). Failure to 515
do so may result in the owner being convicted of a fourth degree 516
misdemeanor, which is punishable by imprisonment up to 30 days, a 517
fine up to $250, or both, and in the owner having to repay the 518
amount by which the taxes were erroneously or illegally reduced, 519
plus any interest that may apply.
If the taxes charged against this parcel have not been 521
reduced by the 2-1/2 per cent tax reduction and the parcel 522
includes a residence occupied by the owner, the parcel may 524
qualify for the tax reduction. To obtain an application for the 527
tax reduction or further information, the owner may contact the 529
county auditor's office at .......... (insert the address and 530
telephone number of the county auditor's office)."
(D) For a tract or lot on the real property tax suspension 532
list under section 319.48 of the Revised Code, the following 533
notice: "Notice: The taxes shown due on this bill are for the 534
current year only. Delinquent taxes, penalties, and interest 535
also are due on this property. Contact the county treasurer to 536
learn the total amount due."
The tax bill shall not contain or be mailed or delivered 538
with any information or material that is not required by this 539
section or that is not authorized by section 321.45 of the 540
Revised Code or by the tax commissioner. 541
Sec. 323.153. (A) To obtain a reduction in real property 550
taxes under division (A) or (B) of section 323.152 of the Revised 551
Code, the owner shall file an application with the county auditor 552
of the county in which the owner's homestead is located. 553
(1) An application for reduction based upon a physical 555
disability shall be accompanied by a certificate signed by a 556
14
physician, and an application for reduction based upon a mental 557
disability shall be accompanied by a certificate signed by a 558
physician or psychologist licensed to practice in this state, 559
attesting to the fact that the applicant is permanently and 560
totally disabled. The certificate shall be in a form that the 561
tax commissioner requires and shall include the definition of 562
permanently and totally disabled as set forth in section 323.151 563
of the Revised Code. An application for reduction based upon a 564
disability certified as permanent and total by a state or federal 565
agency having the function of so classifying persons shall be 566
accompanied by a certificate from that agency. Such an 567
application constitutes a continuing application for a reduction 568
in taxes for each year in which the dwelling is the applicant's 569
homestead and the amount of the reduction in taxable value to 570
which the applicant is entitled does not exceed either the amount 572
or percentage of the reduction to which the applicant was 573
entitled for the year in which the application was first filed. 575
(2) An application for a reduction in taxes under division 577
(B) of section 323.152 of the Revised Code shall be filed only if 579
the homestead was transferred in the preceding year or did not 580
qualify for and receive the reduction in taxes under that 581
division for the preceding tax year. The application FOR 583
HOMESTEADS TRANSFERRED IN THE PRECEDING YEAR shall be 584
incorporated into any form used by the county auditor to 585
administer the tax law in respect to the conveyance of real 586
property pursuant to section 319.20 of the Revised Code, and 588
shall contain a statement that failure by the applicant to affirm 589
on the application that the dwelling on the property conveyed is 590
the applicant's homestead disqualifies PROHIBITS the owner from 591
receiving the reduction in taxes under this UNTIL A PROPER 592
APPLICATION IS FILED WITHIN THE PERIOD PRESCRIBED BY division 593
(A)(3) OF THIS SECTION. Such an application constitutes a 595
continuing application for a reduction in taxes for each year in 596
which the dwelling is the applicant's homestead.
15
(3) Failure to receive a new application filed under 598
division (A)(1) or (2) or notification under division (C) of this 599
section after a certificate of reduction has been issued under 600
section 323.154 of the Revised Code is prima-facie evidence that 601
the original applicant is entitled to the reduction in taxes 602
calculated on the basis of the information contained in the 604
original application. The original application and any
subsequent application, including any late application, shall be 605
in the form of a signed statement and shall be filed after the 606
first Monday in January and not later than the first Monday in 607
June. The statement shall be on a form, devised and supplied by 608
the tax commissioner, which shall require no more information 609
than is necessary to establish the applicant's eligibility for 610
the reduction in taxes and the amount of the reduction, and shall 611
include an affirmation by the applicant that ownership of the 612
homestead was not acquired from a person, other than a spouse, 614
related to the owner by consanguinity or affinity for the purpose
of qualifying for the real property tax reduction provided for in 615
division (A) or (B) of section 323.152 of the Revised Code. The 616
form shall contain a statement that conviction of willfully 617
falsifying information to obtain a reduction in taxes or failing 618
to comply with division (C) of this section results in the 619
revocation of the right to the reduction for a period of three 620
years. In the case of an application for a reduction in taxes 621
under division (A) of section 323.152 of the Revised Code, the 622
form shall contain a statement that signing the application 623
constitutes a delegation of authority by the applicant to the 624
county auditor to examine any financial records relating to 625
income earned by the applicant as stated on the application for 626
the purpose of determining A possible violation of division (D) 627
or (E) of this section. 628
(B) A late application for a tax reduction for the year 630
preceding the year in which an original application is filed may 631
be filed with the original application. If the county auditor 632
16
determines the information contained in the late application is 633
correct, the auditor shall determine the amount of the reduction 635
in taxes to which the applicant would have been entitled for the
preceding tax year had the application been timely filed and 636
approved in that year. 637
The amount of such reduction shall be treated by the 639
auditor as an overpayment of taxes by the applicant and shall be 640
refunded in the manner prescribed in section 5715.22 of the 641
Revised Code for making refunds of overpayments. On the first 642
day of July of each year, the county auditor shall certify the 643
total amount of the reductions in taxes made in the current year 644
under this division to the tax commissioner, who shall treat the 645
full amount thereof as a reduction in taxes for the preceding tax 646
year and shall make reimbursement to the county therefor in the 647
manner prescribed by section 323.156 of the Revised Code, from 648
money appropriated for that purpose. 649
(C) If, in any year after an application has been filed 651
under division (A)(1) or (2) of this section, the owner does not 653
qualify for a reduction in taxes on the homestead set forth on 654
such application, or qualifies for a reduction in taxes that is 655
to be based upon a reduction in taxable value less than either 656
the percentage or amount of the reduction in taxable value to 657
which the owner was entitled in the year the application was 658
filed, the owner shall notify the county auditor that the owner 660
is not qualified for a reduction in taxes or file a new
application under division (A)(1) or (2) of this section. If the 662
county auditor or county treasurer discovers that the owner of 663
property not entitled to the reduction in taxes under division 664
(B) of section 323.152 of the Revised Code failed to notify the 665
county auditor as required by this paragraph, a charge shall be 666
imposed against the property in the amount by which taxes were 667
reduced under that division for each tax year the county auditor 668
ascertains that the property was not entitled to the reduction 670
and was owned by the current owner. Interest shall accrue in the 671
17
manner prescribed by division (B) of section 323.121 of the 673
Revised Code on the amount by which taxes were reduced for each 675
such tax year as if the reduction became delinquent taxes at the
close of the last day the second installment of taxes for that 677
tax year could be paid without penalty. The county auditor shall 679
notify the owner, by ordinary mail, of the charge, of the owner's 680
right to appeal the charge, and of the manner in which the owner 681
may appeal. The owner may appeal the imposition of the charge 682
and interest by filing an appeal with the county board of 683
revision not later than the last day prescribed for payment of 684
real and public utility property taxes under section 323.12 of 685
the Revised Code following receipt of the notice and occurring at 687
least ninety days after receipt of the notice. The appeal shall 688
be treated in the same manner as a complaint relating to the 689
valuation or assessment of real property under Chapter 5715. of 690
the Revised Code. The charge and any interest shall be collected 692
as other delinquent taxes.
Each year during January, the county auditor shall furnish 694
by ordinary mail a continuing application to each person issued a 695
certificate of reduction under section 323.154 of the Revised 696
Code with respect to a reduction in taxes under division (A) of 697
section 323.152 of the Revised Code. The continuing application 698
shall be used to report changes in total income that would have 699
the effect of increasing or decreasing the reduction in taxable 700
value to which the owner is entitled, changes in ownership of the 701
homestead, including changes in or revocation of a revocable 702
inter vivos trust, changes in disability, and other changes in 703
the information earlier furnished the auditor relative to the 705
reduction in taxes on the property. The continuing application
shall be returned to the auditor not later than the first Monday 706
in June; provided, that if such changes do not affect the status 707
of the homestead exemption or the amount of the reduction to 708
which the owner is entitled under division (A) of section 323.152 709
of the Revised Code, the application does not need to be 710
18
returned. 711
Each year during February, the county auditor, except as 713
otherwise provided in this paragraph, shall furnish by ordinary 715
mail an original application to the owner, as of the first day of 716
January of that year, of a homestead that transferred during the 717
preceding calendar year and that qualified for and received a 718
reduction in taxes under division (B) of section 323.152 of the 719
Revised Code for the preceding tax year. In order to receive the 720
reduction under that division, the owner shall file the 721
application with the county auditor not later than the first 722
Monday in June. If the application is not timely filed, the 723
auditor shall not grant a reduction in taxes for the homestead 724
for the current year, and shall notify the owner that the 725
reduction in taxes has not been granted, in the same manner
prescribed under section 323.154 of the Revised Code for 726
notification of denial of an application. Failure of an owner to 727
receive an application does not excuse the failure of the owner 729
to file an original application. The county auditor is not 730
required to furnish an application under this paragraph for any 731
homestead for which application has previously been made on a 732
form incorporated into or accompanying any form used by the 733
county auditor to administer the tax law in respect to the 734
conveyance of real property, and an owner who previously has 736
applied on such a form is not required to return an application 737
furnished under this paragraph.
(D) No person shall knowingly make a false statement for 739
the purpose of obtaining a reduction in real property taxes under 741
section 323.152 of the Revised Code.
(E) No person shall knowingly fail to notify the county 743
auditor of changes required by division (C) of this section which 744
THAT have the effect of maintaining or securing a reduction in 745
taxable value of homestead property or a reduction in taxes in 746
excess of the reduction allowed under section 323.152 of the 747
Revised Code.
19
(F) No person shall knowingly make a false statement or 749
certification attesting to any person's physical or mental 750
condition for purposes of qualifying such person for tax relief 751
pursuant to sections 323.151 to 323.157 of the Revised Code. 752
Sec. 345.04. The form of the ballot cast at a general 761
election, as provided by sections 345.01 to 345.03, inclusive, of 762
the Revised Code, shall be: "An additional tax for the benefit 764
of (name of subdivision) for the purpose of (state purpose stated 765
in the resolution) at a rate not exceeding ..... mills for each 766
one dollar of valuation which amounts to (rate expressed in
dollar DOLLARS and cents) for each one hundred dollars of 768
valuation for (the number of years the levy is to run)." 769
__________________________________ 771
For the Tax Levy 772
__________________________________ 773
Against the Tax Levy 774
__________________________________ " 775
IF THE TAX IS TO BE PLACED ON THE CURRENT TAX LIST, THE 778
FORM OF THE BALLOT SHALL BE MODIFIED BY ADDING, AFTER THE 779
STATEMENT OF THE NUMBER OF YEARS THE LEVY IS TO RUN, THE PHRASE 780
", BEGINNING IN .......... (FIRST MONTH AND YEAR THE TAX IS TO BE 782
LEVIED)."
The question covered by such THE resolution shall be 784
submitted to the electors as a separate proposition, but it may 785
be printed on the same ballot with any other proposition 786
submitted at the same election other than the election of 787
officers. More than one such question may be submitted at the
same election. 788
Sec. 511.28. A copy of any resolution for a tax levy 797
adopted by the township board of park commissioners as provided 798
in section 511.27 of the Revised Code shall be certified by the 799
clerk of the board of park commissioners to the board of 800
elections of the proper county, together with a certified copy of 801
the resolution approving the levy, passed by the board of 802
20
township trustees if such a resolution is required by division 803
(C) of section 511.27 of the Revised Code, not less than 804
seventy-five days before a general or primary election in any 805
year. The board of elections shall submit the proposal to the 806
electors as provided in section 511.27 of the Revised Code at the 807
succeeding general or primary election. A resolution to renew an 808
existing levy may not be placed on the ballot unless the question 809
is submitted at the general election held during the last year 810
the tax to be renewed may be extended on the real and public 811
utility property tax list and duplicate, or at any election held 812
in the ensuing year. The board of park commissioners shall cause 813
notice that the vote will be taken to be published once a week 814
for four consecutive weeks prior to the election in a newspaper 815
of general circulation in the county within which the park 816
district is located. The notice shall state the purpose of the 817
proposed levy, the annual rate proposed expressed in dollars and 818
cents for each one hundred dollars of valuation as well as in 819
mills for each one dollar of valuation, the number of consecutive 820
years during which the levy shall be in effect, and the time and 821
place of the election. 822
The form of the ballots cast at the election shall be: "An 824
additional tax for the benefit of (name of township park 825
district) .......... for the purpose of (purpose stated in the 826
order of the board) .......... at a rate not exceeding .......... 827
mills for each one dollar of valuation, which amounts to (rate 828
expressed in dollars and cents) .......... for each one hundred 829
dollars of valuation, for (number of years the levy is to run) 830
.......... 831
_________________________________ FOR THE TAX LEVY 834
_________________________________ AGAINST THE TAX 836
LEVY _________________________________ ." 837
If the levy submitted is a proposal to renew, increase, or 840
decrease an existing levy, the form of the ballot specified in 841
this section may be changed by substituting for the words "An 842
21
additional" at the beginning of the form, the words "A renewal of 843
a" in the case of a proposal to renew an existing levy in the 844
same amount; the words "A renewal of .......... mills and an 845
increase of .......... mills to constitute a" in the case of an 846
increase; or the words "A renewal of part of an existing levy, 847
being a reduction of .......... mills, to constitute a" in the 848
case of a decrease in the rate of the existing levy. 849
IF THE TAX IS TO BE PLACED ON THE CURRENT TAX LIST, THE 851
FORM OF THE BALLOT SHALL BE MODIFIED BY ADDING, AFTER THE 852
STATEMENT OF THE NUMBER OF YEARS THE LEVY IS TO RUN, THE PHRASE 853
", BEGINNING IN .......... (FIRST MONTH AND YEAR THE TAX IS TO BE 855
LEVIED)."
The question covered by the order shall be submitted as a 857
separate proposition, but may be printed on the same ballot with 858
any other proposition submitted at the same election, other than 859
the election of officers. More than one such question may be 860
submitted at the same election. 861
Sec. 715.70. (A) This section and section 715.71 of the 870
Revised Code apply only to: 871
(1) Municipal corporations and townships within a county 873
that has adopted a charter under Sections 3 and 4 of Article X, 874
Ohio Constitution. 875
(2) Municipal corporations and townships that have created 877
a joint economic development district comprised entirely of real 878
property owned by a municipal corporation. The real property 879
owned by the municipal corporation shall include an airport owned 880
by the municipal corporation and located entirely beyond the 881
municipal corporation's corporate boundary. 882
(3) Municipal corporations or townships that are part of 884
or contiguous to a transportation improvement district created 886
under Chapter 5540. of the Revised Code and that have created a 887
joint economic development district under this section or section 888
715.71 of the Revised Code prior to the effective date of this 890
amendment NOVEMBER 15, 1995. 891
22
(B)(1) One or more municipal corporations and one or more 893
townships may enter into a contract approved by the legislative 894
authority of each contracting party pursuant to which they create 895
as a joint economic development district an area or areas for the 896
purpose of facilitating economic development to create or 897
preserve jobs and employment opportunities and to improve the 898
economic welfare of the people in the state and in the area of 899
the contracting parties. Any interested person, other than a 900
political subdivision, may bring a civil action within thirty 901
days after the executed copy of the contract is filed with the 902
county recorder pursuant to division (B)(5) of this section 903
challenging whether the contract satisfies the purposes of a 905
joint economic development district as described in this section. 906
The area of land to be included in the district shall not include 907
any parcel of land owned in fee by a municipal corporation or a 908
township or parcel of land that is leased to a municipal 909
corporation or a township, unless the municipal corporation or 910
township is a party to the contract or unless the municipal 911
corporation or township has given its consent to have its parcel 912
of land included in the district by the adoption of a resolution. 913
As used in this division, "parcel of land" means any parcel of 914
land owned by a municipal corporation or a township for at least 915
a six-month period within a five-year period prior to the 916
creation of a district, but "parcel of land" does not include 917
streets or public ways and sewer, water, and other utility lines 918
whether owned in fee or otherwise. 919
The district created shall be located within the territory 921
of one or more of the participating parties and may consist of 922
all or a portion of such territory. The boundaries of the 923
district shall be described in the contract or in an addendum to 924
the contract. 925
(2) Where a municipal corporation is located within 927
one-quarter mile of a proposed joint economic development 929
district and is not otherwise a party to the proposed contract, 930
23
the participating parties shall afford the municipal corporation 931
the reasonable opportunity, for a period of not less than thirty 932
days following receipt of notice of such opportunity from the 933
participating parties, to meet and confer with the participating 934
parties to determine whether the municipal corporation will 935
participate in the joint economic development district. 936
Prior to the public hearing to be held pursuant to division 938
(D)(2) of this section, the participating parties shall give a 939
copy of the proposed contract to each municipal corporation 940
located within one-quarter mile of the proposed joint economic 941
development district and not otherwise a party to the contract, 943
and afford the municipal corporation the reasonable opportunity, 944
for a period of thirty days following receipt of the proposed 945
contract, to make comments and suggestions to the participating 946
parties regarding elements contained in the proposed contract. 947
Prior to the public hearing, the participating parties may 948
include in the contract any of the suggestions or recommendations 949
made by any such municipal corporation. 950
(3) The district shall not exceed two thousand acres in 952
area. The territory of the district shall not completely 953
surround territory that is not included within the boundaries of 954
the district. 955
(4) Sections 503.07 to 503.12 of the Revised Code do not 957
apply to territory included within a district created pursuant to 958
this section as long as the contract creating the district is in 959
effect, unless the legislative authority of each municipal 960
corporation and the board of township trustees of each township 961
included in the district consent, by ordinance or resolution, to 962
the application of those sections of the Revised Code. 963
(5) Upon the execution of the contract creating the 965
district by the parties to the contract, a participating 966
municipal corporation or township included within the district 967
shall file a copy of the fully executed contract with the county 968
recorder of each county within which a party to the contract is 969
24
located, in the miscellaneous records of the county. No 970
annexation proceeding pursuant to Chapter 709. of the Revised 971
Code that proposes the annexation to, merger, or consolidation 972
with a municipal corporation of any unincorporated territory 973
within the district shall be commenced for a period of three 974
years after the contract is filed with the county recorder of 975
each county within which a party to the contract is located 976
unless each board of township trustees whose territory is 977
included, in whole or part, within the district and the territory 978
proposed to be annexed, merged, or consolidated adopts a 979
resolution consenting to the commencement of the proceeding and a 980
copy of the resolution is filed with the clerk of the board of 981
county commissioners of each county within which a party to the 982
contract is located or unless the contract is terminated during 983
this period.
The contract entered into between the municipal 985
corporations and townships pursuant to this section may provide 986
for the prohibition of any annexation by the participating 987
municipal corporations of any unincorporated territory within the 988
district beyond the three-year mandatory prohibition of any 989
annexation provided for in division (B)(5) of this section. 990
(C)(1) After the legislative authority of a municipal 992
corporation and the board of township trustees have adopted an 993
ordinance and resolution approving a contract to create a joint 994
economic development district pursuant to this section, and after 995
a contract has been signed, the municipal corporations and 996
townships shall jointly file a petition with the legislative 997
authority of each county within which a party to the contract is 998
located. Copies of the ordinances, resolutions, and contract 1,000
shall be attached to the petition. The petition shall contain 1,001
all of the following:
(a) A statement that the area of the district is not 1,003
greater than two thousand acres and is located within the 1,004
territory of one or more of the contracting parties; 1,005
25
(b) A brief summary of the services to be provided by each 1,007
party to the contract; 1,008
(c) A legal description of the area to be designated as 1,010
the district; 1,011
(d) The signature of a representative of each of the 1,013
contracting parties; 1,014
(e) The signatures of a majority of those persons who are 1,016
owners of property located within the area to be designated as 1,017
the district and the signatures of those persons who are owners 1,018
of the majority of acreage located within the district. 1,019
The legislative authority of each county within which a 1,021
party to the contract is located shall hold a public hearing 1,023
concerning the joint economic development district contract 1,024
within thirty days after the filing of the petition and shall 1,025
publish notice of the time and place of the public hearing in a 1,026
newspaper of general circulation in the county at least fourteen 1,027
days prior to the hearing.
During the thirty-day period prior to the public hearing, a 1,029
copy of the text of the contract together with copies of district 1,030
maps and plans related to or part of the contract shall be on 1,031
file, for public examination, in the offices of the clerk of the 1,032
legislative authority of each county within which a party to the 1,033
contract is located. 1,034
(2) After the public hearing on the petition relating to 1,036
the creation of a joint economic development district has been 1,037
held, the legislative authority of each county within which a 1,038
party to the contract is located shall adopt a resolution 1,040
approving the petition for the creation of the district if the 1,041
petition meets the requirements of division (C)(1) of this 1,042
section. If the petition does not meet the requirements of that 1,043
division, the legislative authority of any county within which a
party to the contract is located may adopt a resolution 1,044
disapproving the petition for the creation of the district. The 1,045
legislative authority of each county within which a party to the 1,046
26
contract is located shall adopt a resolution approving or
disapproving the petition within sixty days after the public 1,048
hearing was held. If the legislative authority of each such 1,049
county does not adopt the resolution within the sixty-day period, 1,050
the petition shall be deemed approved and the contract shall go 1,051
into effect no sooner than thirty days after that approval. 1,052
(D)(1) The contract creating the district shall set forth 1,054
or provide for the amount or nature of the contribution of each 1,055
municipal corporation and township to the development and 1,056
operation of the district and may provide for the sharing of the 1,057
costs of the operation of and improvements for the district. The 1,058
contributions may be in any form to which the contracting 1,059
municipal corporations and townships agree and may include but 1,060
are not limited to the provision of services, money, real or 1,061
personal property, facilities, or equipment. The contract shall 1,062
provide for new, expanded, or additional services, facilities, or 1,063
improvements, including expanded or additional capacity for or 1,064
other enhancement of existing services, facilities, or 1,065
improvements, provided that those services, facilities, or 1,066
improvements, or expanded or additional capacity for or 1,067
enhancement of existing services, facilities, or improvements, 1,068
required herein have been provided within the two-year period 1,069
prior to the execution of the contract. 1,070
(2) Before the legislative authority of a municipal 1,072
corporation or a board of township trustees passes any ordinance 1,073
or resolution approving a contract to create a joint economic 1,074
development district pursuant to this section, the legislative 1,075
authority of the municipal corporation and the board of township 1,076
trustees shall hold a public hearing concerning the joint 1,077
economic development district contract and shall provide thirty 1,078
days' public notice of the time and place of the public hearing 1,079
in a newspaper of general circulation in the municipal 1,080
corporation and the township. The board of township trustees 1,081
shall provide notice to township residents in accordance with 1,082
27
section 505.07 9.03 of the Revised Code and the notice shall 1,083
include: the public hearing announcement; a summary of the terms 1,084
of the contract; a disclosure of the fact that the entire text of 1,085
the contract and district maps and plans are on file for public 1,086
examination in the office of the township clerk; and information 1,087
pertaining to any tax changes which will or may occur as a result 1,088
of the contract. 1,089
During the thirty-day period prior to the public hearing, a 1,091
copy of the text of the contract together with copies of district 1,092
maps and plans related to or part of the contract shall be on 1,093
file, for public examination, in the offices of the clerk of the 1,094
legislative authority of the municipal corporation and of the 1,095
township clerk. The public hearing provided for in division 1,096
(D)(2) of this section shall allow for public comment and 1,097
recommendations from the public on the proposed contract. 1,098
(3) Any resolution of the board of township trustees that 1,100
approves a contract that creates a joint economic development 1,101
district pursuant to this section shall be subject to a 1,102
referendum of the electors of the township. When a referendum 1,103
petition, signed by ten per cent of the number of electors in the 1,104
township who voted for the office of governor at the most recent 1,106
general election for the office of governor, is presented to the 1,107
board of township trustees within thirty days after the board of 1,108
township trustees adopted the resolution, ordering that the 1,109
resolution be submitted to the electors of the township for their 1,110
approval or rejection, the board of township trustees shall, 1,111
after ten days and not later than four p.m. of the seventy-fifth 1,112
day before the election, certify the text of the resolution to 1,113
the board of elections. The board of elections shall submit the 1,114
resolution to the electors of the township for their approval or 1,115
rejection at the next general, primary, or special election 1,116
occurring subsequent to seventy-five days after the certifying of 1,117
the petition to the board of elections. 1,118
(E) The district created by the contract shall be governed 1,120
28
by a board of directors that shall be established by or pursuant 1,121
to the contract. The board is a public body for the purposes of 1,122
section 121.22 of the Revised Code. The provisions of Chapter 1,123
2744. of the Revised Code apply to the board and the district. 1,124
The members of the board shall be appointed as provided in the 1,125
contract from among the elected members of the legislative 1,126
authorities and the elected chief executive officers of the 1,127
contracting parties, provided that there shall be at least two 1,128
members appointed from each of the contracting parties. 1,129
(F) The contract shall enumerate the specific powers, 1,131
duties, and functions of the board of directors of a district, 1,132
and the contract shall provide for the determination of 1,133
procedures that are to govern the board of directors. The 1,134
contract may grant to the board the power to adopt a resolution 1,135
to levy an income tax within the district. The income tax shall 1,136
be used for the purposes of the district and for the purposes of 1,137
the contracting municipal corporations and townships pursuant to 1,138
the contract. The income tax may be levied in the district based 1,139
upon income earned by persons working or residing within the 1,140
district and upon the net profits of businesses located in the 1,141
district. The income tax is subject to Chapter 718. of the 1,142
Revised Code, except that a vote shall be required by the 1,143
electors residing in the district to approve the rate of income 1,144
tax. If no electors reside within the district, then division 1,145
(F)(4) of this section applies. The rate of the income tax shall 1,146
be no higher than the highest rate being levied by a municipal 1,147
corporation that is a party to the contract. 1,148
(1) Within one hundred eighty days after the first meeting 1,150
of the board of directors, the board may levy an income tax at a 1,151
rate that is not higher than the highest rate being levied by a 1,152
municipal corporation that is a party to the contract, provided 1,153
that the rate of the income tax is first submitted to and 1,154
approved by the electors of the district at the succeeding 1,155
regular or primary election, or a special election called by the 1,156
29
board, occurring subsequent to seventy-five days after a 1,157
certified copy of the resolution levying the income tax and 1,158
calling for the election is filed with the board of elections. 1,159
If the voters approve the levy of the income tax, the income tax 1,160
shall be in force for the full period of the contract 1,161
establishing the district. Any increase in the rate of an income 1,162
tax that was first levied within one hundred eighty days after 1,163
the first meeting of the board of directors shall be approved by 1,164
a vote of the electors of the district and shall be in force for 1,165
the remaining period of the contract establishing the district. 1,166
(2) Any resolution of the board of directors levying an 1,168
income tax that is adopted subsequent to one hundred eighty days 1,169
after the first meeting of the board of directors shall be 1,170
subject to a referendum as provided in division (F)(2) of this 1,171
section. Any resolution of the board of directors levying an 1,172
income tax that is adopted subsequent to one hundred eighty days 1,173
after the first meeting of the board of directors shall be 1,174
subject to an initiative proceeding to amend or repeal the 1,175
resolution levying the income tax as provided in division (F)(2) 1,176
of this section. When a referendum petition, signed by ten per 1,177
cent of the number of electors in the district who voted for the 1,178
office of governor at the most recent general election for the 1,179
office of governor, is filed with the county auditor of each 1,180
county within which a party to the contract is located within 1,181
thirty days after the resolution is adopted by the board or when 1,182
an initiative petition, signed by ten per cent of the number of 1,183
electors in the district who voted for the office of governor at 1,184
the most recent general election for the office of governor, is 1,186
filed with the county auditor of each such county ordering that a
resolution to amend or repeal a prior resolution levying an 1,188
income tax be submitted to the electors within the district for 1,189
their approval or rejection, the county auditor of each such 1,190
county, after ten days and not later than four p.m. of the 1,191
seventy-fifth day before the election, shall certify the text of 1,192
30
the resolution to the board of elections of that county. The 1,193
county auditor of each such county shall retain the petition. 1,194
The board of elections shall submit the resolution to such 1,195
electors, for their approval or rejection, at the next general, 1,196
primary, or special election occurring subsequent to seventy-five 1,198
days after the certifying of such petition to the board of 1,199
elections.
(3) Whenever a district is located in the territory of 1,201
more than one contracting party, a majority vote of the electors 1,202
in each of the several portions of the territory of the 1,203
contracting parties constituting the district approving the levy 1,204
of the tax is required before it may be imposed pursuant to this 1,205
division. 1,206
(4) If there are no electors residing in the district, no 1,208
election for the approval or rejection of an income tax shall be 1,209
held pursuant to this section, provided that where no electors 1,210
reside in the district, the maximum rate of the income tax that 1,211
may be levied shall not exceed one per cent. 1,212
(5) The board of directors of a district levying an income 1,214
tax shall enter into an agreement with one of the municipal 1,215
corporations that is a party to the contract to administer, 1,216
collect, and enforce the income tax on behalf of the district. 1,217
The resolution levying the income tax shall provide the same 1,218
credits, if any, to residents of the district for income taxes 1,219
paid to other such districts or municipal corporations where the 1,220
residents work, as credits provided to residents of the municipal 1,221
corporation administering the income tax. 1,222
(6)(a) The board shall publish or post public notice 1,224
within the district of any resolution adopted levying an income 1,225
tax in the same manner required of municipal corporations under 1,226
sections 731.21 and 731.25 of the Revised Code. 1,227
(b) Except as otherwise specified by this division, any 1,229
referendum or initiative proceeding within a district shall be 1,230
conducted in the same manner as is required for such proceedings 1,231
31
within a municipal corporation pursuant to sections 731.28 to 1,232
731.40 of the Revised Code. 1,233
(G) Membership on the board of directors does not 1,235
constitute the holding of a public office or employment within 1,236
the meaning of any section of the Revised Code or any charter 1,237
provision prohibiting the holding of other public office or 1,238
employment, and shall not constitute an interest, either direct 1,239
or indirect, in a contract or expenditure of money by any 1,240
municipal corporation, township, county, or other political 1,241
subdivision with which the member may be connected. No member of 1,242
a board of directors shall be disqualified from holding any 1,243
public office or employment, nor shall such member forfeit or be 1,244
disqualified from holding any such office or employment, by 1,245
reason of the member's membership on the board of directors, 1,246
notwithstanding any law or charter provision to the contrary. 1,247
(H) The powers and authorizations granted pursuant to this 1,249
section or section 715.71 of the Revised Code are in addition to 1,250
and not in the derogation of all other powers granted to 1,252
municipal corporations and townships pursuant to law. When 1,253
exercising a power or performing a function or duty under a 1,254
contract authorized pursuant to this section or section 715.71 of
the Revised Code, a municipal corporation may exercise all of the 1,256
powers of a municipal corporation, and may perform all the 1,257
functions and duties of a municipal corporation, within the 1,258
district, pursuant to and to the extent consistent with the 1,259
contract. When exercising a power or performing a function or 1,260
duty under a contract authorized pursuant to this section or 1,261
section 715.71 of the Revised Code, a township may exercise all 1,262
of the powers of a township, and may perform all the functions 1,263
and duties of a township, within the district, pursuant to and to 1,264
the extent consistent with the contract. The district board of 1,265
directors has no powers except those specifically set forth in 1,266
the contract as agreed to by the participating parties. No 1,267
political subdivision shall authorize or grant any tax exemption 1,269
32
pursuant to Chapter 1728. or section 3735.67, 5709.62, 5709.63, 1,271
or 5709.632 of the Revised Code on any property located within 1,272
the district. The prohibition for any tax exemption pursuant to 1,274
this division shall not apply to any exemption filed, pending, or 1,275
approved before the effective date of the contract entered into
by the parties. 1,276
(I) Municipal corporations and townships may enter into 1,278
binding agreements pursuant to a contract authorized under this 1,279
section or section 715.71 of the Revised Code with respect to the 1,280
substance and administration of zoning and other land use 1,282
regulations, building codes, public permanent improvements, and 1,283
other regulatory and proprietary matters that are determined, 1,284
pursuant to the contract, to be for a public purpose and to be 1,285
desirable with respect to the operation of the district or to 1,286
facilitate new or expanded economic development in the state or 1,287
the district, provided that no contract shall exempt the 1,288
territory within the district from the procedures and processes 1,289
of land use regulation applicable pursuant to municipal 1,290
corporation, township, and county regulations, including but not 1,291
limited to procedures and processes concerning zoning. 1,292
(J) A contract entered into pursuant to this section or 1,294
section 715.71 of the Revised Code may be amended and it may be 1,296
renewed, canceled, or terminated as provided in or pursuant to 1,297
the contract. The contract shall continue in existence 1,298
throughout its term and shall be binding on the contracting 1,299
parties and on any entities succeeding to such parties, whether 1,300
by annexation, merger, or otherwise. The income tax levied by 1,301
the board pursuant to this section or section 715.71 of the
Revised Code shall apply in the entire district throughout the 1,303
term of the contract, notwithstanding that all or a portion of 1,304
the district becomes subject to annexation, merger, or 1,305
incorporation. No township or municipal corporation is divested 1,306
of its rights or obligations under the contract because of 1,307
annexation, merger, or succession of interests. 1,308
33
Sec. 1545.21. The board of park commissioners, by 1,310
resolution, may submit to the electors of the park district the 1,311
question of levying taxes for the use of the district. Such THE 1,312
resolution shall declare the necessity of levying such taxes, 1,313
shall specify the purpose for which such taxes shall be used, the 1,314
annual rate proposed, and the number of consecutive years such 1,315
THE rate shall be levied. Such resolution shall be forthwith 1,317
certified to the board of elections in each county in which any 1,318
part of such district is located, not later than the 1,319
seventy-fifth day before the day of the election, and the 1,320
question of the levy of taxes as provided in such resolution 1,321
shall be submitted to the electors of the district at a special 1,322
election to be held on whichever of the following occurs first: 1,323
(A) The day of the next general election; 1,325
(B) The first Tuesday after the first Monday in May in any 1,328
calendar year, except that if a presidential primary election is 1,329
held in that calendar year, then the day of that election. The 1,330
ballot shall set forth the purpose for which the taxes shall be 1,331
levied, the annual rate of levy, and the number of years of such 1,332
levy. IF THE TAX IS TO BE PLACED ON THE CURRENT TAX LIST, THE 1,333
FORM OF THE BALLOT SHALL STATE THAT THE TAX WILL BE LEVIED IN THE 1,334
CURRENT TAX YEAR AND SHALL INDICATE THE MONTH OF THAT YEAR WHEN
THE TAX WILL FIRST BE LEVIED. If the resolution of the board of 1,335
park commissioners provides that an existing levy will be 1,336
canceled upon the passage of the new levy, the ballot may include 1,337
a statement that: "an existing levy of ... mills (stating the 1,338
original levy millage), having ... years remaining, will be 1,339
canceled and replaced upon the passage of this levy." In such
case, the ballot may refer to the new levy as a "replacement 1,340
levy" if the new millage does not exceed the original millage of 1,341
the levy being canceled or as a "replacement and additional levy" 1,342
if the new millage exceeds the original millage of the levy being 1,343
canceled. If a majority of the electors voting upon the question 1,344
of such levy vote in favor thereof, such taxes shall be levied 1,345
34
and shall be in addition to the taxes authorized by section 1,346
1545.20 of the Revised Code, and all other taxes authorized by 1,347
law. The rate submitted to the electors at any one time shall 1,348
not exceed two mills annually upon each dollar of valuation. 1,349
When a tax levy has been authorized as provided in this section 1,350
or in section 1545.041 of the Revised Code, the board of park 1,351
commissioners may issue bonds pursuant to section 133.24 of the 1,352
Revised Code in anticipation of the collection of such levy, 1,353
provided that such bonds shall be issued only for the purpose of 1,354
acquiring and improving lands. Such levy, when collected, shall 1,355
be applied in payment of the bonds so issued and the interest 1,356
thereon. The amount of bonds so issued and outstanding at any 1,357
time shall not exceed one per cent of the total tax valuation in 1,358
such district. Such bonds shall bear interest at a rate not to 1,359
exceed the rate determined as provided in section 9.95 of the 1,360
Revised Code.
Sec. 1901.31. The clerk and deputy clerks of a municipal 1,369
court shall be selected, be compensated, give bond, and have 1,370
powers and duties as follows: 1,371
(A) There shall be a clerk of the court who is appointed 1,373
or elected as follows: 1,374
(1)(a) Except in the Akron, MEDINA, Clermont county, 1,376
Hamilton county, Portage county, and Wayne county municipal 1,378
courts, if the population of the territory equals or exceeds one 1,379
hundred thousand at the regular municipal election immediately 1,380
preceding the expiration of the term of the present clerk, the 1,381
clerk shall be nominated and elected by the qualified electors of 1,382
the territory in the manner that is provided for the nomination 1,383
and election of judges in section 1901.07 of the Revised Code. 1,384
The clerk so elected shall hold office for a term of six 1,386
years, which term shall commence on the first day of January 1,387
following the clerk's election and continue until the clerk's 1,388
successor is elected and qualified. 1,389
(b) In the Hamilton county municipal court, the clerk of 1,391
35
courts of Hamilton county shall be the clerk of the municipal 1,392
court and may appoint an assistant clerk who shall receive the 1,393
compensation, payable out of the treasury of Hamilton county in 1,394
semimonthly installments, that the board of county commissioners 1,395
prescribes. The clerk of courts of Hamilton county, acting as 1,396
the clerk of the Hamilton county municipal court and assuming the 1,397
duties of that office, shall receive compensation at one-fourth 1,398
the rate that is prescribed for the clerks of courts of common 1,399
pleas as determined in accordance with the population of the 1,400
county and the rates set forth in sections 325.08 and 325.18 of 1,401
the Revised Code. This compensation shall be paid from the 1,402
county treasury in semimonthly installments and is in addition to 1,403
the annual compensation that is received for the performance of 1,404
the duties of the clerk of courts of Hamilton county, as provided 1,405
in sections 325.08 and 325.18 of the Revised Code. 1,406
(c) In the Portage county and Wayne county municipal 1,408
courts, the clerks of courts of Portage county and Wayne county 1,409
shall be the clerks, respectively, of the Portage county and 1,410
Wayne county municipal courts and may appoint a chief deputy 1,411
clerk for each branch that is established pursuant to section 1,412
1901.311 of the Revised Code, and assistant clerks as the judges 1,413
of the municipal court determine are necessary, all of whom shall 1,414
receive the compensation that the legislative authority 1,415
prescribes. The clerks of courts of Portage county and Wayne 1,416
county, acting as the clerks of the Portage county and Wayne 1,417
county municipal courts and assuming the duties of these offices, 1,418
shall receive compensation payable from the county treasury in 1,419
semimonthly installments at one-fourth the rate that is 1,420
prescribed for the clerks of courts of common pleas as determined 1,421
in accordance with the population of the county and the rates set 1,422
forth in sections 325.08 and 325.18 of the Revised Code. 1,423
(d) Except as otherwise provided in division (A)(1)(d) of 1,425
this section, in the Akron municipal court, candidates for 1,426
election to the office of clerk of the court shall be nominated 1,427
36
by primary election. The primary election shall be held on the 1,428
day specified in the charter of the city of Akron for the 1,429
nomination of municipal officers. Notwithstanding section 1,430
3513.257 of the Revised Code, the nominating petitions of 1,431
independent candidates shall be signed by at least two hundred 1,432
fifty qualified electors of the territory of the court. 1,433
The candidates shall file a declaration of candidacy and 1,435
petition, or a nominating petition, whichever is applicable, not 1,436
later than four p.m. of the seventy-fifth day before the day of 1,437
the primary election, in the form prescribed by section 3513.07 1,438
or 3513.261 of the Revised Code. The declaration of candidacy 1,439
and petition, or the nominating petition, shall conform to the 1,440
applicable requirements of section 3513.05 or 3513.257 of the 1,441
Revised Code. 1,442
If no valid declaration of candidacy and petition is filed 1,444
by any person for nomination as a candidate of a particular 1,445
political party for election to the office of clerk of the Akron 1,446
municipal court, a primary election shall not be held for the 1,447
purpose of nominating a candidate of that party for election to 1,448
that office. If only one person files a valid declaration of 1,449
candidacy and petition for nomination as a candidate of a 1,450
particular political party for election to that office, a primary 1,451
election shall not be held for the purpose of nominating a 1,452
candidate of that party for election to that office, and the 1,453
candidate shall be issued a certificate of nomination in the 1,454
manner set forth in section 3513.02 of the Revised Code. 1,455
Declarations of candidacy and petitions, nominating 1,457
petitions, and certificates of nomination for the office of clerk 1,458
of the Akron municipal court shall contain a designation of the 1,459
term for which the candidate seeks election. At the following 1,460
regular municipal election, all candidates for the office shall 1,461
be submitted to the qualified electors of the territory of the 1,462
court in the manner that is provided in section 1901.07 of the 1,463
Revised Code for the election of the judges of the court. The 1,464
37
clerk so elected shall hold office for a term of six years, which 1,465
term shall commence on the first day of January following the 1,466
clerk's election, and continue until the clerk's successor is 1,467
elected and qualified. 1,468
(e) In the Clermont county municipal court, the clerk of 1,470
courts of Clermont county shall be the clerk of the municipal 1,471
court. The clerk of courts of Clermont county, acting as the 1,472
clerk of the Clermont county municipal court and assuming the 1,473
duties of that office, shall receive compensation at one-fourth 1,474
the rate that is prescribed for the clerks of courts of common 1,475
pleas as determined in accordance with the population of the 1,476
county and the rates set forth in sections 325.08 and 325.18 of 1,477
the Revised Code. This compensation shall be paid from the 1,478
county treasury in semimonthly installments and is in addition to 1,479
the annual compensation that is received for the performance of 1,480
the duties of the clerk of courts of Clermont county, as provided 1,481
in sections 325.08 and 325.18 of the Revised Code. 1,482
(f) IRRESPECTIVE OF THE POPULATION OF THE TERRITORY OF THE 1,484
MEDINA MUNICIPAL COURT, THE CLERK OF THAT COURT SHALL BE 1,485
APPOINTED PURSUANT TO DIVISION (A)(2)(a) OF THIS SECTION BY THE 1,486
JUDGES OF THAT COURT, SHALL HOLD OFFICE UNTIL THE CLERK'S 1,487
SUCCESSOR IS SIMILARLY APPOINTED AND QUALIFIED, AND SHALL RECEIVE 1,488
PURSUANT TO DIVISION (C) OF THIS SECTION THE ANNUAL COMPENSATION 1,489
THAT THE LEGISLATIVE AUTHORITY PRESCRIBES AND THAT IS PAYABLE IN 1,490
SEMIMONTHLY INSTALLMENTS FROM THE SAME SOURCES AND IN THE SAME 1,491
MANNER AS PROVIDED IN SECTION 1901.11 OF THE REVISED CODE.
(2)(a) Except in FOR the Alliance, Auglaize county, 1,493
Lorain, Massillon, and Youngstown municipal courts, if IN A 1,494
MUNICIPAL COURT FOR WHICH the population of the territory is less 1,496
than one hundred thousand AND IN THE MEDINA MUNICIPAL COURT, the 1,497
clerk shall be appointed by the court, and the clerk shall hold 1,498
office until the clerk's successor is appointed and qualified. 1,499
(b) In the Alliance, Lorain, Massillon, and Youngstown 1,501
municipal courts, the clerk shall be elected for a term of office 1,502
38
as described in division (A)(1)(a) of this section. 1,503
(c) In the Auglaize county municipal court, the clerk of 1,505
courts of Auglaize county shall be the clerk of the municipal 1,506
court and may appoint a chief deputy clerk for each branch that 1,507
is established pursuant to section 1901.311 of the Revised Code, 1,508
and assistant clerks as the judge of the court determines are 1,509
necessary, all of whom shall receive the compensation that the 1,510
legislative authority prescribes. The clerk of courts of 1,511
Auglaize county, acting as the clerk of the Auglaize county 1,512
municipal court and assuming the duties of that office, shall 1,513
receive compensation payable from the county treasury in 1,514
semimonthly installments at one-fourth the rate that is 1,515
prescribed for the clerks of courts of common pleas as determined 1,516
in accordance with the population of the county and the rates set 1,517
forth in sections 325.08 and 325.18 of the Revised Code. 1,518
(3) During the temporary absence of the clerk due to 1,520
illness, vacation, or other proper cause, the court may appoint a 1,521
temporary clerk, who shall be paid the same compensation and, 1,522
have the same authority, and perform the same duties, as the 1,524
clerk.
(B) Except in the Clermont county, Hamilton county, 1,527
MEDINA, Portage county, and Wayne county municipal courts, if a 1,528
vacancy occurs in the office of the clerk of the Alliance, 1,529
Lorain, Massillon, or Youngstown municipal court or occurs in the 1,530
office of the clerk of a municipal court for which the population 1,531
of the territory equals or exceeds one hundred thousand because 1,532
the clerk ceases to hold the office before the end of the clerk's 1,533
term or because a clerk-elect fails to take office, the vacancy 1,534
shall be filled, until a successor is elected and qualified, by a 1,535
person chosen by the residents of the territory of the court who 1,536
are members of the county central committee of the political 1,537
party by which the last occupant of that office or the 1,538
clerk-elect was nominated. Not less than five nor more than 1,539
fifteen days after a vacancy occurs, those members of that county 1,540
39
central committee shall meet to make an appointment to fill the 1,541
vacancy. At least four days before the date of the meeting, the 1,542
chairperson or a secretary of the county central committee shall 1,543
notify each such member of that county central committee by first 1,544
class mail of the date, time, and place of the meeting and its 1,546
purpose. A majority of all such members of that county central 1,547
committee constitutes a quorum, and a majority of the quorum is 1,548
required to make the appointment. If the office so vacated was 1,549
occupied or was to be occupied by a person not nominated at a 1,550
primary election, or if the appointment was not made by the 1,551
committee members in accordance with this division, the court 1,552
shall make an appointment to fill the vacancy. A successor shall 1,553
be elected to fill the office for the unexpired term at the first 1,554
municipal election that is held more than one hundred twenty days 1,555
after the vacancy occurred. 1,556
(C) In a municipal court, other than the Auglaize county 1,558
municipal court, for which the population of the territory is 1,559
less than one hundred thousand AND IN THE MEDINA MUNICIPAL COURT, 1,561
the clerk of a municipal court shall receive the annual 1,562
compensation that the legislative authority prescribes. In a 1,563
municipal court, other than the Clermont county, Hamilton county, 1,564
MEDINA, Portage county, and Wayne county municipal courts, for 1,566
which the population of the territory is one hundred thousand or 1,567
more, the clerk of a municipal court shall receive annual 1,568
compensation in a sum equal to eighty-five per cent of the salary 1,569
of a judge of the court. The compensation is payable in 1,570
semimonthly installments from the same sources and in the same 1,571
manner as provided in section 1901.11 of the Revised Code. 1,572
(D) Before entering upon the duties of the clerk's office, 1,574
the clerk of a municipal court shall give bond of not less than 1,575
six thousand dollars to be determined by the judges of the court, 1,576
conditioned upon the faithful performance of the clerk's duties 1,577
as clerk. 1,578
(E) The clerk of a municipal court may do all of the 1,580
40
following: administer oaths, take affidavits, and issue 1,581
executions upon any judgment rendered in the court, including a 1,582
judgment for unpaid costs; issue, sign, and attach the seal of 1,583
the court to all writs, process, subpoenas, and papers issuing 1,584
out of the court; and approve all bonds, sureties, recognizances, 1,585
and undertakings fixed by any judge of the court or by law. The 1,586
clerk may refuse to accept for filing any pleading or paper 1,587
submitted for filing by a person who has been found to be a 1,588
vexatious litigator under section 2323.52 of the Revised Code and 1,589
who has failed to obtain leave to proceed under that section. 1,590
The clerk shall do all of the following: file and safely keep 1,591
all journals, records, books, and papers belonging or 1,592
appertaining to the court; record the proceedings of the court; 1,593
perform all other duties that the judges of the court may 1,594
prescribe; and keep a book showing all receipts and 1,595
disbursements, which book shall be open for public inspection at 1,596
all times.
The clerk shall prepare and maintain a general index, a 1,598
docket, and other records that the court, by rule, requires, all 1,599
of which shall be the public records of the court. In the 1,600
docket, the clerk shall enter, at the time of the commencement of 1,601
an action, the names of the parties in full, the names of the 1,602
counsel, and the nature of the proceedings. Under proper dates, 1,603
the clerk shall note the filing of the complaint, issuing of 1,604
summons or other process, returns, and any subsequent pleadings. 1,605
The clerk also shall enter all reports, verdicts, orders, 1,606
judgments, and proceedings of the court, clearly specifying the 1,607
relief granted or orders made in each action. The court may 1,608
order an extended record of any of the above to be made and 1,609
entered, under the proper action heading, upon the docket at the 1,610
request of any party to the case, the expense of which record may 1,611
be taxed as costs in the case or may be required to be prepaid by 1,612
the party demanding the record, upon order of the court. 1,613
(F) The clerk of a municipal court shall receive, collect, 1,615
41
and issue receipts for all costs, fees, fines, bail, and other 1,616
moneys payable to the office or to any officer of the court. The 1,617
clerk shall each month disburse to the proper persons or 1,618
officers, and take receipts for, all costs, fees, fines, bail, 1,619
and other moneys that the clerk collects. Subject to sections 1,620
3375.50 and 4511.193 of the Revised Code and to any other section 1,622
of the Revised Code that requires a specific manner of 1,623
disbursement of any moneys received by a municipal court and 1,624
except for the Hamilton county, Lawrence county, and Ottawa 1,625
county municipal courts, the clerk shall pay all fines received 1,626
for violation of municipal ordinances into the treasury of the 1,627
municipal corporation the ordinance of which was violated and 1,628
shall pay all fines received for violation of township 1,629
resolutions adopted pursuant to Chapter 504. of the Revised Code 1,630
into the treasury of the township the resolution of which was 1,631
violated. Subject to sections 1901.024 and 4511.193 of the 1,632
Revised Code, in the Hamilton county, Lawrence county, and Ottawa
county municipal courts, the clerk shall pay fifty per cent of 1,633
the fines received for violation of municipal ordinances and 1,634
fifty per cent of the fines received for violation of township 1,635
resolutions adopted pursuant to Chapter 504. of the Revised Code 1,636
into the treasury of the county. Subject to sections 3375.50, 1,637
3375.53, 4511.99, and 5503.04 of the Revised Code and to any 1,638
other section of the Revised Code that requires a specific manner 1,639
of disbursement of any moneys received by a municipal court, the 1,640
clerk shall pay all fines collected for the violation of state 1,641
laws into the county treasury. Except in a county-operated 1,642
municipal court, the clerk shall pay all costs and fees the 1,643
disbursement of which is not otherwise provided for in the 1,644
Revised Code into the city treasury. The clerk of a 1,645
county-operated municipal court shall pay the costs and fees the 1,646
disbursement of which is not otherwise provided for in the 1,647
Revised Code into the county treasury. Moneys deposited as 1,648
security for costs shall be retained pending the litigation. The 1,649
42
clerk shall keep a separate account of all receipts and 1,650
disbursements in civil and criminal cases, which shall be a 1,651
permanent public record of the office. On the expiration of the 1,652
term of the clerk, the clerk shall deliver the records to the 1,653
clerk's successor. The clerk shall have other powers and duties 1,654
as are prescribed by rule or order of the court. 1,655
(G) All moneys paid into a municipal court shall be noted 1,657
on the record of the case in which they are paid and shall be 1,658
deposited in a state or national bank, or a domestic savings and 1,659
loan association, as defined in section 1151.01 of the Revised 1,660
Code, that is selected by the clerk. Any interest received upon 1,661
the deposits shall be paid into the city treasury, except that, 1,662
in a county-operated municipal court, the interest shall be paid 1,663
into the treasury of the county in which the court is located. 1,664
On the first Monday in January of each year, the clerk 1,666
shall make a list of the titles of all cases in the court that 1,667
were finally determined more than one year past in which there 1,668
remains unclaimed in the possession of the clerk any funds, or 1,669
any part of a deposit for security of costs not consumed by the 1,670
costs in the case. The clerk shall give notice of the moneys to 1,671
the parties who are entitled to the moneys or to their attorneys 1,672
of record. All the moneys remaining unclaimed on the first day 1,673
of April of each year shall be paid by the clerk to the city 1,674
treasurer, except that, in a county-operated municipal court, the 1,675
moneys shall be paid to the treasurer of the county in which the 1,676
court is located. Any THE TREASURER SHALL PAY ANY part of the 1,677
moneys shall be paid by the treasurer at any time to the person 1,679
who has the right to the moneys, upon proper certification of the 1,680
clerk.
(H) Deputy clerks may be appointed by the clerk and shall 1,682
receive the compensation, payable in semimonthly installments out 1,683
of the city treasury, that the clerk may prescribe, except that 1,684
the compensation of any deputy clerk of a county-operated 1,685
municipal court shall be paid out of the treasury of the county 1,686
43
in which the court is located. Each deputy clerk shall take an 1,687
oath of office before entering upon the duties of the deputy 1,688
clerk's office and, when so qualified, may perform the duties 1,689
appertaining to the office of the clerk. The clerk may require 1,690
any of the deputy clerks to give bond of not less than three 1,691
thousand dollars, conditioned for the faithful performance of the 1,692
deputy clerk's duties.
(I) For the purposes of this section, whenever the 1,694
population of the territory of a municipal court falls below one 1,695
hundred thousand but not below ninety thousand, and the 1,696
population of the territory prior to the most recent regular 1,697
federal census exceeded one hundred thousand, the legislative 1,698
authority of the municipal corporation may declare, by 1,699
resolution, that the territory shall be considered to have a 1,700
population of at least one hundred thousand. 1,701
(J) The clerk or a deputy clerk shall be in attendance at 1,703
all sessions of the municipal court, although not necessarily in 1,704
the courtroom, and may administer oaths to witnesses and jurors 1,705
and receive verdicts. 1,706
Sec. 1905.05. (A) A mayor of a municipal corporation that 1,715
has a mayor's court may appoint a person as mayor's court 1,716
magistrate to hear and determine prosecutions and criminal causes 1,717
in the mayor's court that are within the jurisdiction of the 1,718
mayor's court, as set forth in section 1905.01 of the Revised 1,719
Code. No person shall be appointed as a mayor's court magistrate 1,720
unless the person has been admitted to the practice of law in 1,721
this state and, for a total of at least three years preceding the 1,723
person's appointment or the commencement of the person's service 1,724
as magistrate, has been engaged in the practice of law in this 1,726
state or served as a judge of a court of record in any 1,727
jurisdiction in the United States, or both. 1,728
A person appointed as a mayor's court magistrate under this 1,730
division is entitled to hear and determine prosecutions and 1,731
criminal causes in the mayor's court that are within the 1,732
44
jurisdiction of the mayor's court, as set forth in section 1,733
1905.01 of the Revised Code. If a mayor is prohibited from 1,734
hearing or determining a prosecution or cause that charges a 1,735
person with a violation of section 4511.19 of the Revised Code or 1,736
with a violation of a municipal ordinance relating to operating a 1,737
vehicle while under the influence of alcohol, a drug of abuse, or 1,738
alcohol and a drug of abuse or relating to operating a vehicle 1,739
with a prohibited concentration of alcohol in the blood, breath, 1,740
or urine due to the operation of division (C) of section 1905.03 1,741
of the Revised Code, or is prohibited from hearing or determining 1,742
any other prosecution or cause due to the operation of division 1,743
(C) of section 1905.031 of the Revised Code, the prohibition 1,745
against the mayor hearing or determining the prosecution or cause 1,746
does not affect and shall not be construed as affecting the 1,747
jurisdiction or authority of a person appointed as a mayor's 1,748
court magistrate under this division to hear and determine the 1,749
prosecution or cause in accordance with this section. In hearing 1,750
and determining such prosecutions and causes, the magistrate has 1,751
the same powers, duties, and authority as does a mayor who 1,752
conducts a mayor's court to hear and determine prosecutions and 1,753
causes in general, including, but not limited to, the power and 1,754
authority to decide the prosecution or cause, enter judgment, and 1,755
impose sentence; the powers, duties, and authority granted to 1,756
mayors of mayor's courts by this chapter, in relation to the 1,757
hearing and determination of prosecutions and causes in mayor's 1,758
courts; and the powers, duties, and authority granted to mayors 1,759
of mayor's courts by any other provision of the Revised Code, in 1,760
relation to the hearing and determination of prosecutions and 1,761
causes in mayor's courts. A judgment entered and a sentence 1,762
imposed by a mayor's court magistrate do not have to be reviewed 1,763
or approved by the mayor who appointed the magistrate, and have 1,765
the same force and effect as if they had been entered or imposed 1,766
by the mayor. 1,767
A person appointed as a mayor's court magistrate under this 1,769
45
division is not entitled to hear or determine any prosecution or 1,770
criminal cause other than prosecutions and causes that are within 1,771
the jurisdiction of the mayor's court, as set forth in section 1,772
1905.01 of the Revised Code. 1,773
The A MUNICIPAL CORPORATION THAT A MAYOR'S COURT MAGISTRATE 1,775
SERVES SHALL PAY THE compensation for the services of a mayor's 1,776
court THE magistrate, WHICH shall be EITHER a fixed annual salary 1,778
set by the legislative authority of the municipal corporation 1,780
that the magistrate serves and shall be paid by the municipal 1,782
corporation OR A FIXED ANNUAL AMOUNT OR FEES FOR SERVICES 1,783
RENDERED SET UNDER A CONTRACT THE MAGISTRATE AND THE MUNICIPAL
CORPORATION ENTER INTO. 1,784
(B) The appointment of a person as a mayor's court 1,786
magistrate under division (A) of this section does not preclude 1,787
the mayor that appointed the magistrate, subject to the 1,788
limitation contained in section 1905.03 and the limitation 1,790
contained in section 1905.031 of the Revised Code, from also 1,791
hearing and determining prosecutions and criminal causes in the 1,792
mayor's court that are within the jurisdiction of the mayor's 1,793
court, as set forth in section 1905.01 of the Revised Code. 1,794
Sec. 3709.085. (A) The board of health of a city or 1,803
general health district may enter into a contract with any 1,804
political subdivision or other governmental agency to obtain or 1,805
provide all or part of any services, including, but not limited 1,806
to, enforcement services, for the purposes of Chapter 3704. of 1,807
the Revised Code, the rules adopted and orders made pursuant 1,808
thereto, or any other ordinances or rules for the prevention, 1,809
control, and abatement of air pollution. 1,810
(B)(1) As used in division (B)(2) of this section: 1,812
(a) "Semipublic disposal system" means a disposal system 1,814
which THAT treats the sanitary sewage discharged from publicly or 1,816
privately owned buildings or places of assemblage, entertainment, 1,817
recreation, education, correction, hospitalization, housing, or 1,818
employment, but does not include a disposal system which THAT 1,819
46
treats sewage in amounts of more than twenty-five thousand 1,820
gallons per day; a disposal system for the treatment of sewage 1,821
that is exempt from the requirements of section 6111.04 of the 1,822
Revised Code pursuant to division (F) of that section; or a 1,823
disposal system for the treatment of industrial waste. 1,824
(b) Terms defined in section 6111.01 of the Revised Code 1,826
have the same meaning MEANINGS as in that section. 1,827
(2) The board of health of a city or general health 1,829
district may enter into a contract with the environmental 1,830
protection agency to conduct on behalf of the agency inspection 1,831
or enforcement services, for the purposes of Chapter 6111. and 1,832
section 1541.21 of the Revised Code and rules adopted thereunder, 1,833
for the disposal or treatment of sewage from single-family, 1,834
two-family, or three-family dwellings located in special sanitary 1,835
districts designated by section 1541.21 of the Revised Code, for 1,836
the disposal or treatment of sewage from semipublic disposal 1,837
systems, or for both. The board of health of a city or general 1,838
health district may charge a fee established pursuant to section 1,839
3709.09 of the Revised Code to be paid by the holder OWNER OR 1,840
OPERATOR of a permit under Chapter 6111. of the Revised Code 1,841
SEMIPUBLIC DISPOSAL SYSTEM or the owner or resident of any such 1,843
dwelling located in a special sanitary district for inspections 1,844
conducted by the board pursuant to a contract entered into under 1,845
this division (B)(2) OF THIS SECTION, except that the board shall 1,846
not charge a fee for those inspections conducted at any 1,847
manufactured home park, recreational vehicle park, recreation 1,848
camp, or combined park-camp that is licensed under section 1,849
3733.03 of the Revised Code. 1,850
Sec. 5705.03. (A) The taxing authority of each 1,867
subdivision may levy taxes annually, subject to the limitations 1,869
of sections 5705.01 to 5705.47, inclusive, of the Revised Code, 1,871
on the real and personal property within the subdivision for the 1,872
purpose of paying the current operating expenses of the
subdivision and acquiring or constructing permanent improvements. 1,874
47
The taxing authority of each subdivision and taxing unit shall, 1,876
subject to the limitations of such sections, levy such taxes 1,878
annually as are necessary to pay the interest and sinking fund on 1,879
and retire at maturity the bonds, notes, and certificates of
indebtedness of such subdivision and taxing unit, including 1,881
levies in anticipation of which the subdivision or taxing unit 1,883
has incurred indebtedness. All
(B) WHEN A TAXING AUTHORITY DETERMINES THAT IT IS 1,885
NECESSARY TO LEVY A TAX OUTSIDE THE TEN-MILL LIMITATION FOR ANY 1,886
PURPOSE AUTHORIZED BY THE REVISED CODE, THE TAXING AUTHORITY 1,887
SHALL CERTIFY TO THE COUNTY AUDITOR A RESOLUTION OR ORDINANCE 1,889
REQUESTING THAT THE COUNTY AUDITOR CERTIFY TO THE TAXING 1,891
AUTHORITY THE TOTAL CURRENT TAX VALUATION OF THE SUBDIVISION, AND 1,892
THE NUMBER OF MILLS REQUIRED TO GENERATE A SPECIFIED AMOUNT OF 1,893
REVENUE, OR THE DOLLAR AMOUNT OF REVENUE THAT WOULD BE GENERATED 1,894
BY A SPECIFIED NUMBER OF MILLS. THE RESOLUTION OR ORDINANCE 1,896
SHALL STATE THE PURPOSE OF THE TAX, WHETHER THE TAX IS AN 1,897
ADDITIONAL LEVY OR A RENEWAL OR A REPLACEMENT OF AN EXISTING TAX, 1,898
AND THE SECTION OF THE REVISED CODE AUTHORIZING SUBMISSION OF THE 1,899
QUESTION OF THE TAX. IF A SUBDIVISION IS LOCATED IN MORE THAN 1,900
ONE COUNTY, THE COUNTY AUDITOR SHALL OBTAIN FROM THE COUNTY 1,901
AUDITOR OF EACH OTHER COUNTY IN WHICH THE SUBDIVISION IS LOCATED 1,902
THE CURRENT TAX VALUATION FOR THE PORTION OF THE SUBDIVISION IN 1,903
THAT COUNTY. IF, UPON RECEIVING THE CERTIFICATION FROM THE
COUNTY AUDITOR, THE TAXING AUTHORITY PROCEEDS WITH THE SUBMISSION 1,904
OF THE QUESTION OF THE TAX TO ELECTORS, THE TAXING AUTHORITY 1,905
SHALL CERTIFY ITS RESOLUTION TO THE PROPER COUNTY BOARD OF 1,906
ELECTIONS IN THE MANNER AND WITHIN THE TIME PRESCRIBED BY THE 1,908
SECTION OF THE REVISED CODE GOVERNING SUBMISSION OF THE QUESTION, 1,909
AND SHALL INCLUDE WITH ITS CERTIFICATION THE RATE OF THE TAX 1,910
LEVY, EXPRESSED IN MILLS FOR EACH ONE DOLLAR IN TAX VALUATION AS 1,912
ESTIMATED BY THE COUNTY AUDITOR. BEFORE REQUESTING A TAXING 1,913
AUTHORITY TO SUBMMIT A TAX LEVY, ANY AGENCY OR AUTHORITY 1,914
AUTHORIZED TO MAKE THAT REQUEST SHALL FIRST REQUEST THE
48
CERTIFICATION FROM THE COUNTY AUDITOR PROVIDED UNDER THIS 1,916
SECTION.
THIS DIVISION IS SUPPLEMENTAL TO, AND NOT IN DEROGATION OF, 1,918
ANY SIMILAR REQUIREMENT GOVERNING THE CERTIFICATION BY THE COUNTY 1,919
AUDITOR OF THE TAX VALUATION OF A SUBDIVISION OR NECESSARY TAX 1,921
RATES FOR THE PURPOSES OF THE SUBMISSION OF THE QUESTION OF A TAX 1,922
IN EXCESS OF THE TEN-MILL LIMITATION, INCLUDING SECTIONS 133.18 1,923
AND 5705.195 OF THE REVISED CODE.
(C) ALL taxes levied on property shall be extended on the 1,927
tax duplicate by the county auditor of the county in which the 1,928
property is located, and shall be collected by the county
treasurer of such county in the same manner and under the same 1,929
laws, AND rules, and regulations as are prescribed for the 1,931
assessment and collection of county taxes. The proceeds of any 1,932
tax levied by or for any subdivision when received by its fiscal 1,933
officer shall be deposited in its treasury to the credit of the
appropriate fund. 1,934
Sec. 5705.192. (A) For the purposes of this section only, 1,943
"taxing authority" includes a township board of park 1,944
commissioners appointed under section 511.18 of the Revised Code. 1,945
A taxing authority may propose to replace an existing levy 1,948
that the taxing authority is authorized to levy, regardless of 1,949
the section of the Revised Code under which the authority is 1,950
granted, except a school district emergency levy proposed 1,951
pursuant to sections 5705.194 to 5705.197 of the Revised Code. 1,952
The taxing authority may propose to replace the existing levy in 1,953
its entirety at the rate at which it is authorized to be levied; 1,954
may propose to replace a portion of the existing levy at a lesser 1,955
rate; or may propose to replace the existing levy in its entirety 1,956
and increase the rate at which it is levied. If the taxing 1,957
authority proposes to replace an existing levy, the proposed levy 1,958
shall be called a replacement levy and shall be so designated on 1,959
the ballot. A replacement levy shall be limited to the purpose 1,960
of the existing levy, shall appear separately on the ballot from, 1,961
49
and shall not be conjoined with the renewal of any other existing 1,962
levy. The resolution proposing a replacement levy shall specify 1,963
the purpose of the levy; its proposed rate expressed in mills; 1,964
whether the proposed rate is the same as the rate of the existing 1,965
levy, a reduction, or an increase; the extent of any reduction or 1,966
increase expressed in mills; the first year in which the levy 1,967
will be imposed; and the term of the levy, expressed in years or, 1,968
if applicable, that it will be levied for a continuing period of 1,969
time.
The sections of the Revised Code governing the maximum rate 1,971
and term of the existing levy, the contents of the resolution 1,972
that proposed the levy, the adoption of the resolution, the 1,973
arrangements for the submission of the question of the levy, and 1,974
notice of the election also govern the respective provisions of 1,975
the proposal to replace the existing levy, except that the date 1,976
on which the election is held shall be as follows: 1,977
(1) For the replacement of a levy with a fixed term of 1,979
years, the date of the general election held during the last year 1,980
the existing levy may be extended on the real and public utility 1,981
property tax list and duplicate, or the date of any election held 1,982
in the ensuing year; 1,983
(2) For the replacement of a levy imposed for a continuing 1,985
period of time, the date of any election held in any year after 1,986
the year the levy to be replaced is first approved by the 1,987
electors, except that only one election on the question of 1,988
replacing the levy may be held during any calendar year. 1,989
The failure by the electors to approve a proposal to 1,991
replace a levy imposed for a continuing period of time does not 1,992
terminate the existing continuing levy. 1,993
(B) The form of the ballot at the election on the question 1,995
of a replacement levy shall be as follows: 1,996
"A replacement of a tax for the benefit of .......... (name 1,998
of subdivision or public library) for the purpose of .......... 1,999
(the purpose stated in the resolution) at a rate not exceeding 2,000
50
.......... mills for each one dollar of valuation, which amounts 2,001
to .......... (rate expressed in dollars and cents) for each one 2,002
hundred dollars in valuation, for .......... (number of years 2,003
levy is to run, or that it will be levied for a continuous period 2,004
of time) 2,005
______________________________________ FOR THE TAX LEVY 2,008
______________________________________ AGAINST THE TAX 2,010
LEVY ______________________________________ ." 2,011
If the proposal is to replace an existing levy and increase 2,013
the rate of the existing levy, the form of the ballot shall be 2,014
changed by adding the words ".......... mills of an existing levy 2,015
and an increase of .......... mills, to constitute" after the 2,016
words "a replacement of." If the proposal is to replace only a 2,017
portion of an existing levy, the form of the ballot shall be 2,018
changed by adding the words "a portion of an existing levy, being 2,019
a reduction of .......... mills, to constitute" after the words 2,020
"a replacement of." 2,021
IF THE TAX IS TO BE PLACED ON THE TAX LIST OF THE CURRENT 2,023
TAX YEAR, THE FORM OF THE BALLOT SHALL BE MODIFIED BY ADDING AT 2,024
THE END OF THE FORM THE PHRASE ", BEGINNING IN .......... (FIRST 2,025
MONTH AND YEAR THE REPLACEMENT TAX IS TO BE LEVIED)." 2,027
The question covered by the resolution shall be submitted 2,029
as a separate proposition, but may be printed on the same ballot 2,030
with any other proposition submitted at the same election, other 2,031
than the election of officers. More than one such question may 2,032
be submitted at the same election. 2,033
(C) Two existing levies, or any portion of those levies, 2,035
may be combined into one replacement levy, so long as both of the 2,036
existing levies are for the same purpose and either both are due 2,037
to expire the same year or both are for a continuing period of 2,038
time. The question of combining all or portions of the two 2,039
existing levies into the replacement levy shall appear as one 2,040
ballot proposition before the electors. If the electors approve 2,041
the ballot proposition, all or the stated portions of the two 2,042
51
existing levies are replaced by one replacement levy. 2,043
(D) A levy approved in excess of the ten-mill limitation 2,045
under this section shall be certified to the tax commissioner. 2,046
In the first year of a levy approved under this section, the levy 2,047
shall be extended on the tax lists after the February settlement 2,048
succeeding the election at which the levy was approved. If the 2,051
levy is to be placed on the tax lists of the current year, as
specified in the resolution providing for its submission, the 2,052
result of the election shall be certified immediately after the 2,053
canvass by the board of elections to the taxing authority, which 2,054
shall forthwith make the necessary levy and certify it to the 2,055
county auditor, who shall extend it on the tax lists for 2,056
collection. After the first year, the levy shall be included in 2,057
the annual tax budget that is certified to the county budget 2,058
commission. 2,059
If notes are authorized to be issued in anticipation of the 2,061
proceeds of the existing levy, notes may be issued in 2,062
anticipation of the proceeds of the replacement levy, and such 2,063
issuance is subject to the terms and limitations governing the 2,064
issuance of notes in anticipation of the proceeds of the existing 2,065
levy. 2,066
This section does not authorize a tax to be levied in any 2,068
year after the year in which revenue is not needed for the 2,069
purpose for which the tax is levied. 2,070
Sec. 5705.197. The form of the ballot to be used at the 2,079
election provided for in section 5705.195 of the Revised Code 2,080
shall be as follows: 2,081
"Shall a levy be imposed by the ............. (here insert 2,083
name of school district) for the purpose of ............. (here 2,084
insert purpose of levy) in the sum of .......... (here insert 2,085
annual amount the levy is to produce) and a levy of taxes to be 2,086
made outside of the ten-mill limitation estimated by the county 2,087
auditor to average .......... (here insert number of mills) mills 2,088
for each one dollar of valuation, which amounts to .......... 2,089
52
(here insert rate expressed in dollars and cents) for each one 2,090
hundred dollars of valuation, for a period of .......... (here 2,091
insert the number of years the millage is to be imposed) years? 2,092
______________________________________ For the Tax 2,095
______________________________________ Against the Tax 2,097
______________________________________ " 2,098
The purpose for which the tax is to be levied shall be 2,100
printed in the space indicated, in boldface type of at least 2,101
twice the size of the type immediately surrounding it. 2,102
IF THE TAX IS TO BE PLACED ON THE CURRENT TAX LIST, THE 2,104
FORM OF THE BALLOT SHALL BE MODIFIED BY ADDING, AFTER "YEARS," 2,105
THE PHRASE ", BEGINNING IN .......... (FIRST MONTH AND YEAR THE 2,106
TAX IS TO BE LEVIED)."
If the levy submitted is a proposal to renew all or a 2,108
portion of an existing levy, the form of the ballot specified in 2,109
this section may be changed by adding the following at the 2,110
beginning of the form, after the words "shall a levy": 2,111
(A) "Renewing an existing levy" in the case of a proposal 2,113
to renew an existing levy in the same amount; 2,114
(B) "Renewing ...... dollars and providing an increase of 2,116
...... dollars" in the case of an increase; 2,117
(C) "Renewing part of an existing levy, being a reduction 2,119
of ...... dollars" in the case of a renewal of only part of an 2,120
existing levy. 2,121
If the levy submitted is a proposal to renew all or a 2,123
portion of more than one existing levy, the form of the ballot 2,124
may be changed in any of the manners provided in division (A), 2,125
(B), or (C) of this section, or any combination thereof, as 2,126
appropriate, so long as the form of the ballot reflects the 2,127
number of levies to be renewed, whether the amount of any of the 2,128
levies will be increased or decreased, and, for each such levy, 2,129
the amount of any such increase or decrease. 2,130
Sec. 5705.25. (A) A copy of any resolution adopted as 2,139
provided in section 5705.19 of the Revised Code shall be 2,140
53
certified by the taxing authority to the board of elections of 2,141
the proper county not less than seventy-five days before the 2,142
general election in any year, and the board shall submit the 2,143
proposal to the electors of the subdivision at the succeeding 2,144
November election. Except as otherwise provided in this 2,145
division, a resolution to renew an existing levy, regardless of 2,146
the section of the Revised Code under which the tax was imposed, 2,147
shall not be placed on the ballot unless the question is 2,148
submitted at the general election held during the last year the 2,149
tax to be renewed or replaced may be extended on the real and 2,150
public utility property tax list and duplicate, or at any 2,151
election held in the ensuing year. The limitation of the 2,152
foregoing sentence does not apply to a resolution to renew and 2,153
increase or to renew part of an existing levy that was imposed 2,154
under section 5705.191 of the Revised Code to supplement the 2,155
general fund for the purpose of making appropriations for one or 2,156
more of the following purposes: for public assistance, human or 2,157
social services, relief, welfare, hospitalization, health, and 2,158
support of general or tuberculosis hospitals. The board shall 2,159
make the necessary arrangements for the submission of such 2,160
questions to the electors of such subdivision, and the election 2,161
shall be conducted, canvassed, and certified in the same manner 2,162
as regular elections in such subdivision for the election of 2,163
county officers. Notice of the election shall be published in a 2,164
newspaper of general circulation in the subdivision once a week 2,165
for four consecutive weeks prior to the election, stating the 2,166
purpose, the proposed increase in rate, expressed in dollars and 2,167
cents for each one hundred dollars of valuation as well as in 2,168
mills for each one dollar of valuation, the number of years 2,169
during which such increase will be in effect, THE FIRST MONTH AND 2,170
YEAR IN WHICH THE TAX WILL BE LEVIED, and the time and place of 2,172
the election.
(B) The form of the ballots cast at an election held 2,174
pursuant to division (A) of this section shall be as follows: 2,175
54
"An additional tax for the benefit of (name of subdivision 2,177
or public library) .......... for the purpose of (purpose stated 2,178
in the resolution) .......... at a rate not exceeding ...... 2,179
mills for each one dollar of valuation, which amounts to (rate 2,180
expressed in dollars and cents) ............ for each one hundred 2,181
dollars of valuation, for ...... (life of indebtedness or number 2,182
of years the levy is to run). 2,183
______________________________________ For the tax levy 2,186
______________________________________ Against the tax 2,188
levy ______________________________________ " 2,189
(C) If the levy is to be in effect for a continuing period 2,191
of time, the notice of election and the form of ballot shall so 2,192
state instead of setting forth a specified number of years for 2,193
the levy. 2,194
IF THE TAX IS TO BE PLACED ON THE CURRENT TAX LIST, THE 2,196
FORM OF THE BALLOT SHALL BE MODIFIED BY ADDING, AFTER THE 2,197
STATEMENT OF THE NUMBER OF YEARS THE LEVY IS TO RUN, THE PHRASE 2,198
", BEGINNING IN .......... (FIRST MONTH AND YEAR THE TAX IS TO BE 2,200
LEVIED)."
If the levy submitted is a proposal to renew, increase, or 2,202
decrease an existing levy, the form of the ballot specified in 2,203
division (B) of this section may be changed by substituting for 2,204
the words "An additional" at the beginning of the form;, the 2,205
words "A renewal of a" in case of a proposal to renew an existing 2,207
levy in the same amount; the words "A renewal of ........ mills 2,208
and an increase of ...... mills to constitute a" in the case of 2,209
an increase; or the words "A renewal of part of an existing levy, 2,210
being a reduction of ...... mills, to constitute a" in the case 2,211
of a decrease in the proposed levy. 2,212
The question covered by such resolution shall be submitted 2,214
as a separate proposition but may be printed on the same ballot 2,215
with any other proposition submitted at the same election, other 2,216
than the election of officers. More than one such question may 2,217
be submitted at the same election. 2,218
55
(D) A levy voted in excess of the ten-mill limitation 2,220
under this section shall be certified to the tax commissioner. 2,221
In the first year of such levy, it shall be extended on the tax 2,222
lists after the February settlement succeeding such election. If 2,224
such additional tax is to be placed upon the tax list of the 2,225
current year, as specified in the resolution providing for its 2,226
submission, the result of the election shall be certified 2,227
immediately after the canvass by the board of elections to the 2,228
taxing authority, who shall forthwith make the necessary levy and 2,229
certify it to the county auditor, who shall extend it on the tax 2,230
lists for collection. After the first year, the tax levy shall 2,231
be included in the annual tax budget that is certified to the 2,232
county budget commission.
Sec. 5705.251. (A) A copy of a resolution adopted under 2,241
section 5705.212 or 5705.213 of the Revised Code shall be 2,242
certified by the board of education to the board of elections of 2,243
the proper county not less than seventy-five days before the date 2,244
of the election specified in the resolution, and the board of 2,245
elections shall submit the proposal to the electors of the school 2,246
district at a special election to be held on that date. The 2,247
board of elections shall make the necessary arrangements for the 2,248
submission of the question or questions to the electors of the 2,249
school district, and the election shall be conducted, canvassed, 2,250
and certified in the same manner as regular elections in the 2,251
school district for the election of county officers. Notice of 2,252
the election shall be published in a newspaper of general 2,253
circulation in the subdivision once a week for four consecutive 2,254
weeks prior to the election. 2,255
(1) In the case of a resolution adopted under section 2,257
5705.212 of the Revised Code, the notice shall state separately, 2,258
for each tax being proposed, the purpose; the proposed increase 2,259
in rate, expressed in dollars and cents for each one hundred 2,260
dollars of valuation as well as in mills for each one dollar of 2,261
valuation; the number of years during which the increase will be 2,262
56
in effect; and the year in which the tax is first authorized to 2,263
be levied. For an election on the question of a renewal levy, 2,264
the notice shall state the purpose; the proposed rate, expressed 2,265
in dollars and cents for each one hundred dollars of valuation as 2,266
well as in mills for each one dollar of valuation; and the number 2,267
of years the tax will be in effect. 2,268
(2) In the case of a resolution adopted under section 2,270
5705.213 of the Revised Code, the notice shall state the purpose; 2,271
the amount proposed to be raised by the tax in the first year it 2,272
is levied; the estimated average additional tax rate for the 2,273
first year it is proposed to be levied, expressed in mills for 2,274
each one dollar of valuation and in dollars and cents for each 2,275
one hundred dollars of valuation; the number of years during 2,276
which the increase will be in effect; and the year in which the 2,277
tax is first authorized to be levied. The notice also shall 2,278
state the amount by which the amount to be raised by the tax may 2,279
be increased in each year after the first year. The amount of 2,280
the allowable increase may be expressed in terms of a dollar 2,281
increase over, or a percentage of, the amount raised by the tax 2,282
in the immediately preceding year. For an election on the 2,283
question of a renewal levy, the notice shall state the purpose; 2,284
the amount proposed to be raised by the tax; the estimated tax 2,285
rate, expressed in mills for each one dollar of valuation and in 2,286
dollars and cents for each one hundred dollars of valuation; and 2,287
the number of years the tax will be in effect. 2,288
In any case, the notice also shall state the time and place 2,290
of the election. 2,291
(B) The form of the ballot in an election on taxes 2,293
proposed under section 5705.212 of the Revised Code shall be as 2,294
follows: 2,295
"Shall the .......... school district be authorized to levy 2,297
taxes for current expenses, the aggregate rate of which may 2,298
increase in ...... (number) increment(s) of not more than ...... 2,299
mill(s) for each dollar of valuation, from an original rate of 2,300
57
...... mill(s) for each dollar of valuation, which amounts to 2,301
...... (rate expressed in dollars and cents) for each one hundred 2,302
dollars of valuation, to a maximum rate of ...... mill(s) for 2,303
each dollar of valuation, which amounts to ...... (rate expressed 2,304
in dollars and cents) for each one hundred dollars of valuation? 2,305
The original tax is first proposed to be levied in ...... (the 2,306
first year of the tax), and the incremental tax in ...... (the 2,307
first year of the increment) (if more than one incremental tax is 2,308
proposed in the resolution, the first year that each incremental 2,309
tax is proposed to be levied shall be stated in the preceding 2,310
format, and the increments shall be referred to as the first, 2,311
second, third, or fourth increment, depending on their number). 2,312
The aggregate rate of tax so authorized will .......... (insert 2,313
either, "expire with the original rate of tax which shall be in 2,314
effect for ...... years" or "be in effect for a continuing period 2,315
of time"). 2,316
________________________________ FOR THE TAX LEVIES 2,319
________________________________ AGAINST THE TAX LEVIES 2,321
________________________________ " 2,322
The form of the ballot in an election on the question of a 2,325
renewal levy under section 5705.212 of the Revised Code shall be 2,326
as follows: 2,327
"Shall the ......... school district be authorized to renew 2,329
a tax for current expenses at a rate not exceeding ......... 2,330
mills for each dollar of valuation, which amounts to ......... 2,331
(rate expressed in dollars and cents) for each one hundred 2,332
dollars of valuation, for .......... (number of years the levy 2,333
shall be in effect, or a continuing period of time)? 2,334
_________________________________ FOR THE TAX LEVY 2,337
_________________________________ AGAINST THE TAX 2,339
LEVY _________________________________ " 2,340
IF THE TAX IS TO BE PLACED ON THE CURRENT TAX LIST, THE 2,343
FORM OF THE BALLOT SHALL BE MODIFIED BY ADDING, AFTER THE 2,344
STATEMENT OF THE NUMBER OF YEARS THE LEVY IS TO BE IN EFFECT, THE 2,345
58
PHRASE ", BEGINNING IN .......... (FIRST MONTH AND YEAR THE TAX 2,347
IS TO BE LEVIED)."
(C) The form of the ballot in an election on a tax 2,349
proposed under section 5705.213 of the Revised Code shall be as 2,350
follows: 2,351
"Shall the ........ school district be authorized to levy 2,353
the following tax for current expenses? The tax will first be 2,354
levied in ...... (year) to raise ...... (dollars). In the ...... 2,355
(number of years) following years, the tax will increase by not 2,356
more than ...... (per cent or dollar amount of increase) each 2,357
year, so that, during ...... (last year of the tax), the tax will 2,358
raise approximately ...... (dollars). The county auditor 2,359
estimates that the rate of the tax per dollar of valuation will 2,360
be ...... mill(s), which amounts to $..... per $100 ONE HUNDRED 2,361
DOLLARS of valuation, both during ...... (first year of the tax) 2,363
and ...... mill(s), which amounts to $...... per $100 ONE HUNDRED 2,364
DOLLARS of valuation, during ...... (last year of the tax). The 2,366
tax will not be levied after ...... (year). 2,367
_________________________________ FOR THE TAX LEVY 2,370
_________________________________ AGAINST THE TAX 2,372
LEVY _________________________________ " 2,373
The form of the ballot in an election on the question of a 2,376
renewal levy under section 5705.213 of the Revised Code shall be 2,377
as follows: 2,378
"Shall the ......... school district be authorized to renew 2,380
a tax for current expenses which will raise ......... (dollars), 2,381
estimated by the county auditor to be ......... mills for each 2,382
dollar of valuation, which amounts to ......... (rate expressed 2,383
in dollars and cents) for each one hundred dollars of valuation? 2,384
The tax shall be in effect for ......... (the number of years the 2,385
levy shall be in effect, or a continuing period of time). 2,386
_________________________________ FOR THE TAX LEVY 2,389
_________________________________ AGAINST THE TAX 2,391
LEVY _________________________________ " 2,392
59
IF THE TAX IS TO BE PLACED ON THE CURRENT TAX LIST, THE 2,395
FORM OF THE BALLOT SHALL BE MODIFIED BY ADDING, AFTER THE 2,396
STATEMENT OF THE NUMBER OF YEARS THE LEVY IS TO BE IN EFFECT, THE 2,397
PHRASE ", BEGINNING IN .......... (FIRST MONTH AND YEAR THE TAX 2,399
IS TO BE LEVIED)."
(D) The question covered by a resolution adopted under 2,401
section 5705.212 or 5705.213 of the Revised Code shall be 2,402
submitted as a separate question, but may be printed on the same 2,403
ballot with any other question submitted at the same election, 2,404
other than the election of officers. More than one question may 2,405
be submitted at the same election. 2,406
(E) Taxes voted in excess of the ten-mill limitation under 2,408
division (B) or (C) of this section shall be certified to the tax 2,409
commissioner. If an additional tax is to be placed upon the tax 2,410
list of the current year, as specified in the resolution 2,411
providing for its submission, the result of the election shall be 2,412
certified immediately after the canvass by the board of elections 2,413
to the board of education. The board of education immediately 2,414
shall make the necessary levy and certify it to the county 2,415
auditor, who shall extend it on the tax list for collection. 2,416
After the first year, the levy shall be included in the annual 2,417
tax budget that is certified to the county budget commission. 2,418
Sec. 5705.314. IF THE BOARD OF EDUCATION OF A CITY, LOCAL, 2,421
OR EXEMPTED VILLAGE SCHOOL DISTRICT PROPOSES TO CHANGE ITS LEVY 2,422
WITHIN THE TEN-MILL LIMITATION IN A MANNER THAT WILL RESULT IN AN 2,423
INCREASE IN THE AMOUNT OF REAL PROPERTY TAXES LEVIED BY THE BOARD 2,424
IN THE TAX YEAR THE CHANGE TAKES EFFECT, THE BOARD SHALL HOLD A 2,425
PUBLIC HEARING SOLELY ON THE PROPOSAL BEFORE ADOPTING A 2,426
RESOLUTION TO IMPLEMENT THE PROPOSAL. THE BOARD SHALL PUBLISH 2,427
NOTICE OF THE HEARING IN A NEWSPAPER OF GENERAL CIRCULATION IN 2,428
THE SCHOOL DISTRICT ONCE A WEEK FOR TWO CONSECUTIVE WEEKS. THE 2,429
SECOND PUBLICATION SHALL BE NOT LESS THAN TEN NOR MORE THAN 2,430
THIRTY DAYS BEFORE THE DATE OF THE HEARING. THE NOTICE SHALL 2,431
INCLUDE THE DATE, TIME, PLACE, AND SUBJECT OF THE HEARING, AND A 2,432
60
STATEMENT THAT THE CHANGE PROPOSED BY THE BOARD MAY RESULT IN AN 2,433
INCREASE IN THE AMOUNT OF REAL PROPERTY TAXES LEVIED BY THE
BOARD. AT THE TIME THE BOARD SUBMITS THE NOTICE FOR PUBLICATION, 2,434
THE BOARD SHALL SEND A COPY OF THE NOTICE TO THE AUDITOR OF THE 2,435
COUNTY WHERE THE SCHOOL DISTRICT IS LOCATED OR, IF THE SCHOOL 2,436
DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, TO THE AUDITOR OF 2,437
EACH OF THOSE COUNTIES.
Sec. 5705.71. (A) The electors of a county may initiate 2,446
the question of a tax levy for support of senior citizens 2,447
services or facilities by the filing of a petition with the board 2,448
of elections of that county not less than seventy-five days 2,449
before the date of any primary or general election requesting 2,450
that an election be held on such question. The petition shall be 2,451
signed by at least ten per cent of the qualified electors 2,452
residing in the county and voting for the office of governor at 2,453
the last general election. 2,454
(B) The petition shall state the purpose for which the 2,456
senior citizens tax levy is being proposed, shall specify the 2,457
amount of the proposed increase in rate, the period of time 2,458
during which the increase is to be in effect, and whether the 2,459
levy is to be imposed in the current year. The number of years 2,460
may be any number not exceeding five, except that when the 2,461
additional rate is for the payment of debt charges the increased 2,462
rate shall be for the life of the indebtedness. 2,463
(C) After determination by it that such petition is valid, 2,465
the board of elections shall submit the question to the electors 2,466
of the county at the succeeding primary or general election. 2,468
(D) The election shall be conducted, canvassed, and 2,470
certified in the same manner as regular elections in such county 2,471
for county offices. Notice of the election shall be published in 2,472
a newspaper of general circulation in the county once a week for 2,473
four consecutive weeks prior to the election, stating the 2,474
purpose, the amount of the proposed increase in rate, and the 2,475
time and place of the election. 2,476
61
(E) The form of the ballot cast at such election shall be 2,478
prescribed by the secretary of state. IF THE TAX IS TO BE PLACED 2,479
ON THE TAX LIST OF THE CURRENT TAX YEAR, THE FORM OF THE BALLOT 2,480
SHALL INCLUDE A STATEMENT TO THAT EFFECT AND SHALL INDICATE THE 2,481
FIRST MONTH AND YEAR THE TAX WILL BE LEVIED. The question 2,482
covered by such petition shall be submitted as a separate 2,483
proposition but it may be printed on the same ballot with any 2,484
other propositions submitted at the same election other than the 2,485
election of officers.
(F) If a majority of electors voting on the question vote 2,487
in favor of the levy, the board of county commissioners shall 2,488
levy a tax, for the period and the purpose stated within the 2,489
petition. If the tax is to be placed upon the tax list of the 2,490
current year, as specified in the petition, the result of the 2,491
election shall be certified immediately after the canvass by the 2,492
board of elections to the board of county commissioners, which 2,493
shall forthwith make the necessary levy and certify it to the 2,494
county auditor, who shall extend it on the tax list for 2,495
collection. After the first year, the tax levy shall be included 2,496
in the annual tax budget that is certified to the county budget 2,497
commission. 2,498
Sec. 6119.02. (A) Proceedings for the organization of a 2,500
regional water and sewer district shall be initiated only by a 2,501
petition filed in the office of the clerk of the court of common 2,502
pleas of one of the counties all or part of which lies within the 2,503
proposed district. Such THE petition shall be signed by one or 2,504
more municipal corporations or, one or more counties, or by one 2,507
or more townships, or by any combination of them, after having 2,508
been authorized by the legislative authority of the POLITICAL 2,509
subdivision. The legislative authority of any municipal 2,511
corporation, the board of county commissioners of any county, and 2,512
the board of trustees of any township may act in behalf of any 2,513
part of their respective POLITICAL subdivisions. Such THE 2,515
petition shall state SPECIFY ALL OF THE FOLLOWING: 2,516
62
(A)(1) The proposed name of the district; 2,518
(B)(2) The place in which its principal office is to be 2,520
located; 2,521
(C)(3) The necessity for the proposed district and that it 2,523
will be conducive to the public health, safety, convenience, or 2,524
welfare; 2,525
(D)(4) A general description of the purpose of the 2,527
proposed district; 2,528
(E)(5) A general description of the territory to be 2,530
included in the district, which need not be given by metes and 2,531
bounds or by legal subdivisions, but it is sufficient if an 2,532
accurate description is given of the territory to be organized as 2,533
a district; such. THE territory need not be contiguous, provided 2,535
THAT it is so situated that the public health, safety, 2,536
convenience, or welfare will be promoted by the organization as a 2,537
single district of the territory described;. 2,538
(F)(6) The manner of selection, the number, the term, and 2,540
the compensation of the members of the governing body of the 2,541
district, which body shall be called a board of trustees. Such 2,542
THE petition may set forth procedures for subsequent changes in 2,543
the composition of and other provisions relating to such THE 2,544
board of trustees. 2,545
(G)(7) The plan for financing the cost of the operations 2,547
of the district until it is in receipt of revenue from its 2,548
operations or proceeds from the sale of bonds; 2,549
(H)(8) A prayer for the organization of the district by 2,551
the name proposed, either before or after a preliminary hearing 2,552
as provided in section 6119.04 of the Revised Code. 2,553
(B) PRIOR TO FILING A PETITION UNDER DIVISION (A) OF THIS 2,556
SECTION, A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP SHALL HOLD 2,557
A PUBLIC MEETING FOR THE PURPOSE OF RECEIVING COMMENTS ON THE 2,558
PROPOSED ESTABLISHMENT OF A REGIONAL WATER AND SEWER DISTRICT. 2,559
IF A COMBINATION OF MUNICIPAL CORPORATIONS, COUNTIES, OR 2,560
TOWNSHIPS SIGNED THE PETITION, THE SIGNERS JOINTLY SHALL HOLD THE 2,561
63
PUBLIC MEETING. AT THE MEETING, A REPRESENTATIVE OF THE SIGNER 2,562
OR SIGNERS OF THE PETITION SHALL PRESENT A PRELIMINARY STUDY OF 2,563
THE REASONS FOR THE PROPOSED ESTABLISHMENT OF THE DISTRICT. 2,564
THE SIGNER OR SIGNERS OF THE PETITION SHALL PROVIDE WRITTEN 2,567
NOTICE OF THE PUBLIC MEETING TO EACH ELECTOR RESIDING IN THE 2,568
TERRITORY OF THE PROPOSED DISTRICT. FAILURE TO NOTIFY AN ELECTOR 2,569
DOES NOT INVALIDATE ANY PROCEEDING BEFORE A COURT UNDER THIS 2,570
CHAPTER.
(C) Upon the filing of such THE petition, the judge of the 2,573
court of common pleas of the county wherein IN WHICH the petition 2,574
is filed or, in the case of a county having more than one such 2,575
judge, a judge of such THAT court assigned by its presiding judge 2,576
shall determine whether such IF THE petition complies with the 2,577
requirements of this section as to form and content. No petition 2,578
shall be declared void by the judge on account of alleged 2,579
defects, and the. THE court in subsequent proceedings may at any 2,580
time MAY permit the petition to be amended in form and substance 2,582
to conform to the facts by correcting any errors in the 2,583
description of the territory or in any other particular. 2,584
Sec. 6119.04. (A) The court of common pleas constituted 2,593
as provided in section 6119.03 of the Revised Code, at its first 2,594
meeting, shall fix the time and place of a hearing on the 2,595
petition for the establishment of the proposed regional water and 2,596
sewer district and such. THE hearing shall be either preliminary 2,598
or final as the petition may request. Such hearing AND shall be 2,599
held not later than sixty days thereafter, and the. THE clerk of 2,602
the court shall give notice thereof OF THE HEARING by publication 2,603
once each week for four consecutive weeks in a newspaper having a 2,604
general circulation in each of the counties, in whole or in part, 2,605
within the district. The clerk shall send A notice OF THE 2,606
HEARING by certified mail to the director of environmental 2,607
protection. Any
ANY person or any political subdivision residing or lying 2,610
within an area affected by the organization of the district, on 2,611
64
or before the date set for the cause to be heard, may file an 2,612
objection to the granting of the requests made in the prayer of 2,613
the petition.
(A)(B) Upon a preliminary hearing, if it appears that the 2,615
proposed district is probably IS necessary and that it will 2,617
probably WILL be conducive to the public health, safety, 2,618
convenience, or welfare, the court, after disposing of all 2,619
objections as justice and equity require shall AND by its 2,620
findings, entered of record, SHALL issue a preliminary order 2,621
declaring the district to be organized and an independent 2,622
political subdivision of the state with a corporate name 2,623
designated in the order for the purpose of ALL OF THE FOLLOWING: 2,624
(1) The election or appointment of the board of trustees 2,626
in the manner provided in the petition; 2,627
(2) The election, appointment, or employment of such 2,629
officers, employees, accounting experts, engineers, attorneys, 2,630
financial consultants, architects, other consultants, and 2,631
independent contractors or other persons as THAT may be necessary 2,633
to prepare a plan for the operation of the district; 2,634
(3) The collection of the funds in the manner provided in 2,636
the petition to be used and disbursed by the district; 2,637
(4) The preparation of a plan for the operation of the 2,639
district, and the. 2,640
THE district shall possess such powers as THAT may be 2,643
necessary to carry out said THOSE purposes. 2,644
The preliminary order shall direct the district to file a 2,646
plan for the operation of the district within six months from the 2,647
date of the preliminary order or within such THE further time or 2,648
times as THAT the court may from time to time MAY order. 2,650
Upon the filing by the district of a plan for the operation 2,652
of the district, the court shall fix the time and place for a 2,653
final hearing on the petition for the establishment of the 2,654
proposed district and the plan for the operation of the district 2,655
as filed in the proceeding. The hearing shall be held not later 2,656
65
than sixty days thereafter, and the clerk of the court of common 2,657
pleas shall again SHALL give notice thereof OF THE HEARING as 2,660
required in DIVISION (A) OF this section. Any 2,661
ANY person or any political subdivision residing or lying 2,665
within the area affected by the organization of the district or 2,666
by the plan for the operation of the district, on or before the 2,667
date set for the cause to be heard, may file any objections to 2,668
the final organization of the district or the plan for the 2,669
operation of the district.
(B) The (C) IF, PRIOR TO GRANTING A FINAL ORDER, THE 2,672
COURT DETERMINES THAT ADDITIONAL STUDY IS NEEDED OF THE
FEASIBILITY OF ESTABLISHING THE DISTRICT, THE COURT SHALL ORDER 2,673
THE SIGNERS OF THE PETITION TO CONDUCT AN ADDITIONAL FEASIBILITY 2,674
STUDY. IF THE COURT HAS ORDERED SUCH A STUDY, THE COURT SHALL 2,675
NOT GRANT A FINAL ORDER PRIOR TO RECEIVING THE RESULTS OF THE 2,676
STUDY. NOTHING IN DIVISION (C) OF THIS SECTION PRECLUDES THE 2,678
AWARDING OF A CONTRACT FOR A PROJECT OR IMPROVEMENT UNDERTAKEN 2,679
UNDER THIS CHAPTER TO AN ENTITY THAT CONDUCTS A FEASIBILITY STUDY 2,680
PURSUANT TO DIVISION (C) OF THIS SECTION. 2,681
THE court may, upon good cause shown at any time before the 2,685
granting of a final order, MAY DO ANY OR ALL OF THE FOLLOWING: 2,686
(1) Grant a right to any municipal corporation or county 2,688
acting in behalf of a sewer district within such THE county to 2,689
become a party to such THE proceeding if such THE intervening 2,691
party requests to have some part or all of its territory included 2,692
within the district; 2,693
(2) Grant in part or in toto an intervening petition of a 2,695
municipal corporation or a county acting in behalf of a sewer 2,696
district within such THE county, which is not wholly included 2,697
within territory described in the petition, to have some part or 2,699
all of its territory included within the district; 2,700
(3) Grant a request filed by any party to the petition or 2,702
intervening party to modify any request set forth in the 2,703
petition, including ANY OR ALL OF THE FOLLOWING: 2,704
66
(a) A reduction in the territory to be included within the 2,706
district; 2,707
(b) Addition to or deletion of a purpose or purposes of 2,709
the proposed district as set forth in the petition so long as the 2,710
purposes that remain are those included within section 6119.01 of 2,711
the Revised Code; 2,712
(c) The manner of selection, the number, the term, and the 2,714
compensation of the members of the board of trustees; provided 2,715
that after. 2,716
AFTER the filing of any intervening petition or request to 2,718
modify, the court has fixed SHALL FIX a time and place for a 2,719
hearing thereof, such hearing to WHICH SHALL be held not less 2,721
than sixty days after the filing thereof and the. THE clerk of 2,723
the court of common pleas has given SHALL GIVE notice OF THE 2,726
HEARING as required in DIVISION (A) OF this section. 2,727
(C)(D) Upon final hearing, whether or not a preliminary 2,729
hearing is requested in the petition, if it appears that the 2,730
proposed district is necessary, that it and the plan for the 2,731
operation of the district is ARE conducive to the public health, 2,732
safety, convenience, and welfare, and that the plan for the 2,733
operation of the district is economical, feasible, fair, and 2,734
reasonable, the court, after disposing of all objections as 2,735
justice and equity require, shall AND by its findings, entered of 2,737
record, SHALL declare the district finally and completely 2,738
organized and to be, or to be empowered to continue as, a 2,739
political subdivision. Thereupon the district shall have power 2,740
to sue and be sued; to incur debts, liabilities, and obligations; 2,741
to exercise the right of eminent domain and of taxation and 2,742
assessment as provided in Chapter 6119. of the Revised Code THIS 2,743
CHAPTER; to issue bonds; and to perform all acts authorized in 2,745
such sections THIS CHAPTER and to execute and carry out the plan 2,747
for the operation of the district and to amend, modify, change, 2,748
or alter the plan for its operation as the board of trustees may 2,749
from time to time MAY determine necessary. 2,750
67
(D)(E) If the court finds that the organization of the 2,752
district is not necessary or will not be conducive to the public 2,753
health, safety, convenience, or welfare, or that the plan for the 2,754
operation of the district is not economical, feasible, fair, or 2,755
reasonable, or if the district fails to file a plan for the 2,756
operation of the district within the time prescribed by the 2,757
court, it shall dismiss the proceedings and adjudge the costs 2,758
against the petitioners, and if. IF a preliminary order has been 2,760
made organizing the district, the court shall declare the 2,761
district dissolved and enter its order for the distribution of 2,762
any and all assets that may be owned by the district after the 2,763
payment of its liabilities. 2,764
(F) Any municipal corporation, board of county 2,766
commissioners, or board of township trustees may advance to the 2,767
district such sums of money as THAT the legislative authority of 2,768
the municipal corporation, the board of county commissioners, or 2,769
the board of township trustees determines will not be in excess 2,770
of the benefits that can be anticipated to be derived by such THE 2,771
municipal corporation, county, or township from the establishment 2,773
of the district at such times as THAT ARE requested by the 2,774
district and authorized by such THE legislative authority or such 2,776
board and pursuant to an agreement between the district and such 2,778
THE municipal corporation, county, or township setting forth 2,780
whether and when such THE sums shall be repaid. Such THE sums 2,781
when paid to the district at any time after the preliminary order 2,783
of the court shall be used by the district for its purposes in 2,784
the preparation of a plan for the operation of the district and 2,785
for other purposes of the district. The district shall keep 2,786
proper records showing the amount so advanced and disbursed. If 2,787
the court orders the district dissolved as permitted in this 2,788
section, the interest any municipal corporation, board of county 2,789
commissioners, or board of township trustees has in the assets of 2,790
the district shall be limited to those assets remaining after the 2,791
payment of all other liabilities of the district. 2,792
68
Sec. 6119.071. A MEMBER OF THE BOARD OF TRUSTEES OF A 2,794
REGIONAL WATER AND SEWER DISTRICT WHO HAS BEEN APPOINTED TO THE 2,795
BOARD MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR MISFEASANCE, 2,796
NONFEASANCE, OR MALFEASANCE IN OFFICE. PRIOR TO REMOVING A 2,797
MEMBER, THE APPOINTING AUTHORITY SHALL NOTIFY THE MEMBER OF THE 2,798
FACTS SUPPORTING THE PROPOSED REMOVAL AND SHALL PROVIDE THE 2,799
MEMBER AN OPPORTUNITY TO APPEAR BEFORE THE APPOINTING AUTHORITY 2,800
OR AT A PUBLIC HEARING HELD BY THE APPOINTING AUTHORITY AND SHOW 2,801
CAUSE WHY THE MEMBER SHOULD NOT BE REMOVED FROM OFFICE. 2,803
A MEMBER OF A BOARD OF TRUSTEES WHO HAS BEEN REMOVED 2,805
PURSUANT TO THIS SECTION MAY APPEAL THE REMOVAL NOT LATER THAN 2,806
THIRTY DAYS AFTER THE REMOVAL TO THE COURT OF COMMON PLEAS 2,807
CONSTITUTED AS PROVIDED IN SECTION 6119.03 OF THE REVISED CODE. 2,810
Section 2. That existing sections 133.18, 309.09, 323.131, 2,812
323.153, 345.04, 511.28, 715.70, 1545.21, 1901.31, 1905.05, 2,813
3709.085, 5705.03, 5705.192, 5705.197, 5705.25, 5705.251, 2,815
5705.71, 6119.02, and 6119.04 and section 505.07 of the Revised 2,816
Code are hereby repealed.
Section 3. Section 6119.071 of the Revised Code as enacted 2,818
by this act does not apply to any member of the board of trustees 2,819
of a regional water and sewer district organized under Chapter 2,820
6119. of the Revised Code who was serving on the board 2,821
immediately prior to the effective date of this act. That
section does apply to any member who is appointed or reappointed 2,822
to the board on or after the effective date of this act. 2,823
Section 4. Sections 133.18, 345.04, 511.28, 1545.21, 2,825
5705.192, 5705.197, 5705.25, 5705.251, and 5705.71 of the Revised 2,827
Code, as amended by this act, apply to ballot forms appearing at 2,828
elections conducted on or after August 1, 1999.
Section 5. Section 715.70 of the Revised Code is presented 2,830
in this act as a composite of the section as amended by both Am. 2,831
Sub. H.B. 99 and Am. Sub. H.B. 269 of the 121st General Assembly, 2,832
with the new language of neither of the acts shown in capital 2,833
letters. This is in recognition of the principle stated in 2,834
69
division (B) of section 1.52 of the Revised Code that such 2,835
amendments are to be harmonized where not substantively 2,836
irreconcilable and constitutes a legislative finding that such is 2,837
the resulting version in effect prior to the effective date of 2,838
this act.
Section 6. This act is hereby declared to be an emergency 2,840
measure necessary for the immediate preservation of the public 2,841
peace, health, and safety. The reason for such necessity is that 2,842
immediate action is required in order for certain township boards 2,843
and commissions to continue to receive legal representation from 2,844
the county prosecuting attorney without additional expense. 2,845
Therefore, this act shall go into immediate effect. 2,846