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          

                                                          4      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
              __________________________________                   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