As Introduced 1 123rd General Assembly 4 Regular Session S. B. No. 310 5 1999-2000 6 SENATOR RAY 8 _________________________________________________________________ 10 A B I L L To amend sections 307.672 and 5739.024 and to enact 12 section 307.674 of the Revised Code to authorize 13 cooperative undertakings by counties, municipal 14 corporations, port authorities, and nonprofit 15 corporations to provide for educational and cultural performing arts facilities, to authorize 16 counties to levy an excise tax on lodging 17 transactions for that purpose, and to declare an 18 emergency. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20 Section 1. That sections 307.672 and 5739.024 be amended 22 and section 307.674 of the Revised Code be enacted to read as 23 follows: Sec. 307.672. (A) As used in this section: 32 (1) "Bonds" means general obligation bonds, or notes in 34 anticipation thereof, of the county described in division 35 (B)(1)(b) of this section, and general obligation bonds, or notes 36 in anticipation thereof, of the host municipal corporation 37 described in division (B)(2)(a) of this section. 38 (2) "Corporation" means a nonprofit corporation that is 40 organized under the laws of this state and that includes within 41 the purposes for which it is incorporated the authorization to 42 lease and operate facilities such as a municipal educational and 43 cultural facility. 44 (3) "Debt service charges" means, for any period or 46 payable at any time, the principal of and interest and any 47 2 premium due on bonds for that period or payable at that time 48 whether due at maturity or upon mandatory redemption, together 49 with any required deposits to reserves for the payment of 50 principal of and interest on such bonds. 51 (4) "Host municipal corporation" means the municipal 53 corporation within the boundaries of which a municipal 54 educational and cultural facility is or will be located. 55 (5) "Municipal educational and cultural facility" means a 57 facility that may consist of a museum, archives, library, hall of 58 fame, center for contemporary music, or other facilities 59 necessary to provide programs of an educational, recreational, 60 and cultural nature, together with all parking facilities, 61 walkways, and other auxiliary facilities, real and personal 62 property, property rights, easements, and interests that may be 63 appropriate for, or used in connection with, the operation of the 64 facility. 65 (B) The legislative authorities of a county and a host 67 municipal corporation may enter into a cooperative agreement with 68 a corporation, under which: 69 (1) The legislative authority of the county agrees to: 71 (a) Levy a tax under division (E) of section 5739.024 of 73 the Revised Code for a period not to exceed fifteen years to pay 74 the costs of acquiring, constructing, equipping, and improving a 75 municipal educational and cultural facility, including the debt 76 service charges on bonds; 77 (b) Issue bonds of the county pursuant to Chapter 133. of 79 the Revised Code for the purpose of acquiring, constructing, 80 equipping, and improving a municipal educational and cultural 81 facility; 82 (c) Contribute revenue from the tax and the proceeds from 84 the bonds described in divisions (B)(1)(a) and (b) of this 85 section to the municipal corporation for the purpose of 86 acquiring, constructing, equipping, and improving a municipal 87 educational and cultural facility; 88 3 (2) The host municipal corporation agrees to: 90 (a) Issue bonds of the host municipal corporation pursuant 92 to Chapter 133. of the Revised Code for the purpose of acquiring, 93 constructing, equipping, and improving a municipal educational 94 and cultural facility; 95 (b) Acquire, construct, equip, and improve a municipal 97 educational and cultural facility; 98 (c) Accept from the county pursuant to the cooperative 100 agreement the revenues of the tax and the proceeds of the bonds 101 described in divisions (B)(1)(a) and (b) of this section; 102 (d) Lease a municipal educational and cultural facility to 104 the corporation, or contract with the corporation for the 105 operation and maintenance of the facility; 106 (e) To the extent provided for in the cooperative 108 agreement or the lease or contract with the corporation, 109 authorize the corporation to administer on behalf of the host 110 municipal corporation the contracts for acquiring, constructing, 111 equipping, and improving a municipal educational and cultural 112 facility. 113 (3) The corporation agrees to: 115 (a) Either lease the municipal educational and cultural 117 facility from the host municipal corporation and operate and 118 maintain the facility pursuant to the lease, or enter into a 119 contract with the host municipal corporation pursuant to which 120 the corporation shall operate and maintain the facility on behalf 121 of the host municipal corporation; 122 (b) To the extent provided for in the cooperative 124 agreement or the lease or contract with the host municipal 125 corporation, administer on behalf of the host municipal 126 corporation the contracts for acquiring, constructing, equipping, 127 or improving a municipal educational and cultural facility. 128 (C) A tax levied pursuant to division (E) of section 130 5739.024 of the Revised Code, the revenue from which is to be 131 used to pay debt service charges on bonds described in division 132 4 (B)(1) or (2) of this section is not subject to diminution by 133 initiative or referendum or diminution by statute, unless 134 provision is made therein for an adequate substitute therefor 135 reasonably satisfactory to the legislative authorities of the 136 host municipal corporation and the county. 137 (D) THE LEGISLATIVE AUTHORITIES OF A COUNTY AND A HOST 139 MUNICIPAL CORPORATION THAT HAVE ENTERED INTO A COOPERATIVE 140 AGREEMENT WITH A CORPORATION PURSUANT TO DIVISION (B) OF THIS 141 SECTION MAY AMEND THAT COOPERATIVE AGREEMENT, WITH THE 142 PARTICIPATION OF A PORT AUTHORITY AS DEFINED IN SECTION 307.674 143 OF THE REVISED CODE, TO PROVIDE ALSO FOR A PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY IN ACCORDANCE 144 WITH SECTION 307.674 OF THE REVISED CODE. SUCH AN AMENDMENT 145 SHALL BECOME EFFECTIVE ONLY TO THE EXTENT THAT THE TAX LEVIED UNDER DIVISION (E) OF SECTION 5739.024 OF THE REVISED CODE IS NOT 146 NEEDED FOR THE DURATION OF THE ORIGINAL TAX TO PAY COSTS OF THE 147 MUNICIPAL EDUCATIONAL AND CULTURAL FACILITY, INCLUDING DEBT 148 SERVICE CHARGES ON RELATED BONDS, AS DETERMINED BY THE PARTIES TO 149 THE AMENDMENT. THE TAX MAY BE PLEDGED AND PAID BY THE PARTIES TO 150 THE AMENDMENT FOR THE BALANCE OF THE DURATION OF THE TAX TO A PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY. 151 Sec. 307.674. (A) AS USED IN THIS SECTION: 153 (1) "BONDS" MEANS: 155 (a) REVENUE BONDS OF THE PORT AUTHORITY DESCRIBED IN 157 DIVISION (B)(2)(a) OF THIS SECTION; 158 (b) GENERAL OBLIGATION BONDS OF THE HOST MUNICIPAL 160 CORPORATION, OR NOTES IN ANTICIPATION THEREOF, DESCRIBED IN 161 DIVISION (B)(3)(a) OF THIS SECTION; 162 (c) ANY BONDS ISSUED TO REFUND ANY OF THOSE REVENUE BONDS, 164 GENERAL OBLIGATION BONDS, OR NOTES IN ANTICIPATION THEREOF. 165 (2) "CORPORATION" MEANS A NONPROFIT CORPORATION THAT IS 167 ORGANIZED UNDER THE LAWS OF THIS STATE AND THAT INCLUDES WITHIN 168 THE PURPOSES FOR WHICH IT IS INCORPORATED THE AUTHORIZATION TO 169 LEASE AND OPERATE FACILITIES SUCH AS A PORT AUTHORITY EDUCATIONAL 170 5 AND CULTURAL PERFORMING ARTS FACILITY. (3) "COST," AS APPLIED TO A PORT AUTHORITY EDUCATIONAL AND 172 CULTURAL PERFORMING ARTS FACILITY, MEANS THE COST OF ACQUIRING, 173 CONSTRUCTING, RENOVATING, REHABILITATING, EQUIPPING, OR IMPROVING 174 THE FACILITY, OR ANY COMBINATION OF THOSE PURPOSES, COLLECTIVELY 175 REFERRED TO IN THIS SECTION AS "CONSTRUCTION," AND THE COST OF 176 ACQUISITION OF ALL LAND, RIGHTS OF WAY, PROPERTY RIGHTS, 177 EASEMENTS, FRANCHISE RIGHTS, AND INTERESTS REQUIRED FOR THOSE PURPOSES, THE COST OF DEMOLISHING OR REMOVING ANY BUILDINGS OR 178 STRUCTURES ON LAND SO ACQUIRED, INCLUDING THE COST OF ACQUIRING 179 ANY LAND TO WHICH THOSE BUILDINGS OR STRUCTURES MAY BE MOVED, THE 180 COST OF PUBLIC UTILITY AND COMMON CARRIER RELOCATION OR 181 DUPLICATION, THE COST OF ALL MACHINERY, FURNISHINGS, AND EQUIPMENT, FINANCING CHARGES, INTEREST PRIOR TO AND DURING 182 CONSTRUCTION AND FOR NOT MORE THAN THREE YEARS AFTER COMPLETION 183 OF CONSTRUCTION, COSTS ARISING UNDER REIMBURSEMENT AGREEMENTS OR 184 OTHER CREDIT ENHANCEMENT AGREEMENTS RELATING TO BONDS, 185 ENGINEERING, EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT TO SUCH FACILITY, LEGAL EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, 186 STUDIES, ESTIMATES OF COSTS AND REVENUES, OTHER EXPENSES 187 NECESSARY OR INCIDENT TO DETERMINING THE FEASIBILITY OR 188 PRACTICABILITY OF ACQUIRING OR CONSTRUCTING THE FACILITY, 189 ADMINISTRATIVE EXPENSE, AND OTHER EXPENSES AS MAY BE NECESSARY OR INCIDENT TO THAT ACQUISITION OR CONSTRUCTION AND THE FINANCING OF 190 SUCH ACQUISITION OR CONSTRUCTION, INCLUDING, WITH RESPECT TO THE 191 REVENUE BONDS OF A PORT AUTHORITY, AMOUNTS TO BE PAID INTO ANY 192 SPECIAL FUNDS FROM THE PROCEEDS OF THOSE BONDS, AND REPAYMENTS TO 193 THE PORT AUTHORITY, HOST COUNTY, HOST MUNICIPAL CORPORATION, OR 194 CORPORATION OF ANY AMOUNTS ADVANCED FOR THE FOREGOING PURPOSES. 195 (4) "DEBT SERVICE CHARGES" MEANS, FOR ANY PERIOD OR 197 PAYABLE AT ANY TIME, THE PRINCIPAL OF AND INTEREST AND ANY 198 PREMIUM DUE ON BONDS FOR THAT PERIOD OR PAYABLE AT THAT TIME 199 WHETHER DUE AT MATURITY OR UPON MANDATORY REDEMPTION, TOGETHER 200 WITH ANY REQUIRED DEPOSITS TO RESERVES FOR THE PAYMENT OF 6 PRINCIPAL OF AND INTEREST ON THOSE BONDS, AND INCLUDES ANY 201 PAYMENTS REQUIRED BY THE PORT AUTHORITY TO SATISFY ANY OF ITS 202 OBLIGATIONS UNDER OR ARISING FROM ANY GUARANTY AGREEMENTS, 203 REIMBURSEMENT AGREEMENTS, OR OTHER CREDIT ENHANCEMENT AGREEMENTS DESCRIBED IN DIVISION (C) OF THIS SECTION. 204 (5) "HOST COUNTY" MEANS THE COUNTY WITHIN THE BOUNDARIES 206 OF WHICH THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING 207 ARTS FACILITY IS OR WILL BE LOCATED. 208 (6) "HOST MUNICIPAL CORPORATION" MEANS THE MUNICIPAL 210 CORPORATION WITHIN THE BOUNDARIES OF WHICH THE PORT AUTHORITY 211 EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY IS OR WILL BE 212 LOCATED. (7) "PORT AUTHORITY" MEANS A PORT AUTHORITY CREATED 214 PURSUANT TO SECTION 4582.22 OF THE REVISED CODE. 215 (8) "PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING 217 ARTS FACILITY" MEANS A FACILITY THAT CONSISTS OF A CENTER FOR 218 MUSIC OR OTHER PERFORMING ARTS, A THEATER OR OTHER FACILITIES TO 219 PROVIDE PROGRAMS OF AN EDUCATIONAL, RECREATIONAL, OR CULTURAL 220 NATURE, OR ANY COMBINATION OF THOSE PURPOSES AS DETERMINED BY THE 221 PARTIES TO THE COOPERATIVE AGREEMENT FOR WHICH PROVISION IS MADE 222 IN DIVISION (B) OF THIS SECTION TO FULFILL THE PUBLIC EDUCATIONAL, RECREATIONAL, AND CULTURAL PURPOSES SET FORTH 223 THEREIN, TOGETHER WITH ALL PARKING FACILITIES, WALKWAYS, AND 224 OTHER AUXILIARY FACILITIES, REAL AND PERSONAL PROPERTY, PROPERTY 225 RIGHTS, EASEMENTS, AND INTERESTS THAT MAY BE APPROPRIATE FOR, OR 226 USED IN CONNECTION WITH, THE OPERATION OF THE FACILITY. (B) A HOST COUNTY, A HOST MUNICIPAL CORPORATION, AND A 228 PORT AUTHORITY MAY ENTER INTO A COOPERATIVE AGREEMENT WITH A 229 CORPORATION UNDER WHICH, AS FURTHER PROVIDED FOR IN THAT 230 AGREEMENT: (1) THE HOST COUNTY MAY AGREE TO DO ANY OR ALL OF THE 232 FOLLOWING: (a) LEVY AND COLLECT A TAX UNDER DIVISION (E) OF SECTION 234 5739.024 OF THE REVISED CODE FOR THE PURPOSES, AND IN AN AMOUNT 235 7 SUFFICIENT FOR THOSE PURPOSES, DESCRIBED IN DIVISIONS (B)(1)(b) 236 AND (c) OF THIS SECTION; 237 (b) PAY TO THE PORT AUTHORITY ALL OR SUCH PORTION AS 239 PROVIDED FOR IN THE COOPERATIVE AGREEMENT OF THE REVENUE FROM THE 240 TAX, TOGETHER WITH ANY INVESTMENT EARNINGS ON THAT REVENUE, TO BE 241 USED TO PAY A PORTION OF THE COSTS OF ACQUIRING, CONSTRUCTING, 242 RENOVATING, REHABILITATING, EQUIPPING, OR IMPROVING THE PORT 243 AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY; 244 (c) PLEDGE AND PAY TO THE CORPORATION ALL OR SUCH PORTION 246 AS PROVIDED FOR IN THE COOPERATIVE AGREEMENT OF THE REVENUE FROM 247 THE TAX, TOGETHER WITH ANY INVESTMENT EARNINGS ON THAT REVENUE, 248 TO BE USED TO PAY A PORTION OF THE COSTS TO THE CORPORATION OF 249 LEASING THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING 250 ARTS FACILITY FROM THE PORT AUTHORITY. (2) THE PORT AUTHORITY MAY AGREE TO DO ANY OR ALL OF THE 252 FOLLOWING: (a) ISSUE ITS REVENUE BONDS PURSUANT TO SECTION 4582.48 OF 254 THE REVISED CODE FOR THE PURPOSE OF PAYING ALL OR A PORTION OF 255 THE COSTS OF THE PORT AUTHORITY EDUCATIONAL AND CULTURAL 256 PERFORMING ARTS FACILITY; (b) ACQUIRE, CONSTRUCT, RENOVATE, REHABILITATE, EQUIP, AND 258 IMPROVE THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING 259 ARTS FACILITY; (c) LEASE THE PORT AUTHORITY EDUCATIONAL AND CULTURAL 261 PERFORMING ARTS FACILITY TO THE CORPORATION; 262 (d) TO THE EXTENT PROVIDED FOR IN THE COOPERATIVE 264 AGREEMENT OR THE LEASE TO THE CORPORATION, AUTHORIZE THE 265 CORPORATION TO ADMINISTER ON BEHALF OF THE PORT AUTHORITY THE 266 CONTRACTS FOR ACQUIRING, CONSTRUCTING, RENOVATING, 267 REHABILITATING, OR EQUIPPING THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY; 268 (e) USE THE REVENUE DERIVED FROM THE LEASE OF THE PORT 270 AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY TO 271 THE CORPORATION SOLELY TO PAY DEBT SERVICE CHARGES ON REVENUE 272 8 BONDS OF THE PORT AUTHORITY ISSUED PURSUANT TO DIVISION (B)(2)(a) 273 OF THIS SECTION. (3) THE HOST MUNICIPAL CORPORATION MAY AGREE TO ISSUE ITS 275 GENERAL OBLIGATION BONDS PURSUANT TO CHAPTER 133. OF THE REVISED 276 CODE FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE COSTS OF 277 THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS 278 FACILITY, AND PAY THE PROCEEDS FROM THE ISSUANCE TO THE PORT 279 AUTHORITY FOR THAT PURPOSE. THE COOPERATIVE AGREEMENT MAY PROVIDE THAT THE PROCEEDS BE DEPOSITED WITH AND ADMINISTERED BY 280 THE TRUSTEE PURSUANT TO THE TRUST AGREEMENT AUTHORIZED IN 281 DIVISION (C) OF THIS SECTION. (4) THE COOPERATION MAY AGREE TO DO ANY OR ALL OF THE 283 FOLLOWING: (a) LEASE THE PORT AUTHORITY EDUCATIONAL AND CULTURAL 285 PERFORMING ARTS FACILITY FROM THE PORT AUTHORITY; 286 (b) OPERATE AND MAINTAIN THE PORT AUTHORITY EDUCATIONAL 288 AND CULTURAL PERFORMING ARTS FACILITY PURSUANT TO THE LEASE; 289 (c) TO THE EXTENT PROVIDED FOR IN THE COOPERATIVE 291 AGREEMENT OR THE LEASE FROM THE PORT AUTHORITY, ADMINISTER ON 292 BEHALF OF THE PORT AUTHORITY THE CONTRACTS FOR ACQUIRING, 293 CONSTRUCTING, RENOVATING, REHABILITATING, OR EQUIPPING THE PORT 294 AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY. 295 (C) THE PLEDGE AND PAYMENTS REFERRED TO IN DIVISIONS 298 (B)(1)(b) AND (c) OF THIS SECTION AND PROVIDED FOR IN THE 299 COOPERATIVE AGREEMENT SHALL BE FOR THE PERIOD STATED IN THE 300 COOPERATIVE AGREEMENT BUT SHALL NOT EXTEND LONGER THAN THE PERIOD NECESSARY TO PROVIDE FOR THE FINAL RETIREMENT OF THE PORT 301 AUTHORITY REVENUE BONDS REFERRED TO IN DIVISION (B)(2)(a) OF THIS 302 SECTION, AND FOR THE SATISFACTION BY THE PORT AUTHORITY OF ANY OF 303 ITS OBLIGATIONS UNDER OR ARISING FROM ANY GUARANTY AGREEMENTS, 304 REIMBURSEMENT AGREEMENTS, OR OTHER CREDIT ENHANCEMENT AGREEMENTS 305 RELATING TO THOSE BONDS OR TO THE REVENUES PLEDGED TO THEM. THE 306 COOPERATIVE AGREEMENT SHALL PROVIDE FOR THE TERMINATION OF THE 307 COOPERATIVE AGREEMENT, INCLUDING THE PLEDGE AND PAYMENT REFERRED 308 9 TO IN DIVISION (B)(1)(c) OF THIS SECTION, IF THE PORT AUTHORITY 309 REVENUE BONDS REFERRED TO IN DIVISION (B)(2)(a) OF THIS SECTION 310 HAVE NOT BEEN ISSUED, SOLD, AND DELIVERED WITHIN FIVE YEARS OF 311 THE EFFECTIVE DATE OF THE COOPERATIVE AGREEMENT. 312 THE COOPERATIVE AGREEMENT SHALL PROVIDE THAT ANY PORT 314 AUTHORITY REVENUE BONDS SHALL BE SECURED BY A TRUST AGREEMENT 315 BETWEEN THE PORT AUTHORITY AND A CORPORATE TRUSTEE THAT IS A 316 TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY WITHIN 317 OR OUTSIDE THE STATE BUT AUTHORIZED TO EXERCISE TRUST POWERS WITHIN THE STATE. THE HOST COUNTY MAY BE A PARTY TO THAT TRUST 318 AGREEMENT FOR THE PURPOSE OF BETTER SECURING THE PLEDGE BY THE 319 HOST COUNTY OF ITS PAYMENT TO THE CORPORATION PURSUANT TO 320 DIVISION (B)(1)(c) OF THIS SECTION. A TAX LEVIED PURSUANT TO 321 SECTION 5739.024 OF THE REVISED CODE FOR THE PURPOSES SPECIFIED 322 IN DIVISION (B)(1)(b) OR (c) OF THIS SECTION IS NOT SUBJECT TO 323 DIMINUTION BY INITIATIVE OR REFERENDUM OR DIMINUTION BY STATUTE, 324 UNLESS PROVISION IS MADE FOR AN ADEQUATE SUBSTITUTE REASONABLY 325 SATISFACTORY TO THE TRUSTEE UNDER THE TRUST AGREEMENT THAT SECURES THE PORT AUTHORITY REVENUE BONDS. 326 (D) A PLEDGE OF MONEY BY A HOST COUNTY UNDER THIS SECTION 328 SHALL NOT BE NET INDEBTEDNESS OF THE HOST COUNTY FOR PURPOSES OF 329 SECTION 133.07 OF THE REVISED CODE. 330 (E) IF THE TERMS OF THE COOPERATIVE AGREEMENT SO PROVIDE, 332 ANY CONTRACT FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, 333 REHABILITATION, EQUIPPING, OR IMPROVING OF A PORT AUTHORITY 334 EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY SHALL BE MADE 335 IN SUCH MANNER AS IS DETERMINED BY THE BOARD OF DIRECTORS OF THE 336 PORT AUTHORITY, AND UNLESS THE COOPERATIVE AGREEMENT PROVIDES 337 OTHERWISE, SUCH A CONTRACT IS NOT SUBJECT TO DIVISION (R)(2) OF 338 SECTION 4582.31 OF THE REVISED CODE. THE PORT AUTHORITY MAY TAKE THE ASSIGNMENT OF AND ASSUME ANY CONTRACTS FOR THE ACQUISITION, 339 CONSTRUCTION, RENOVATION, REHABILITATION, EQUIPPING, OR IMPROVING 340 OF A PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS 341 FACILITY THAT HAD PREVIOUSLY BEEN AUTHORIZED BY ANY OF THE HOST 342 10 COUNTY, THE HOST MUNICIPALITY, OR THE CORPORATION. SUCH CONTRACTS ARE NOT SUBJECT TO DIVISION (R)(2) OF SECTION 4582.31 343 OF THE REVISED CODE. ANY CONTRACT FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, 345 REHABILITATION, EQUIPPING, OR IMPROVING OF A PORT AUTHORITY 346 EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY ENTERED INTO, 347 ASSIGNED, OR ASSUMED PURSUANT TO THIS DIVISION SHALL PROVIDE THAT 348 ALL LABORERS AND MECHANICS EMPLOYED FOR THE ACQUISITION, 349 CONSTRUCTION, RENOVATION, REHABILITATION, EQUIPPING, OR IMPROVING OF THAT FACILITY SHALL BE PAID AT THE PREVAILING RATES OF WAGES 350 OF LABORERS AND MECHANICS FOR THE CLASS OF WORK CALLED FOR BY THE 351 PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY, 352 WHICH WAGES SHALL BE DETERMINED IN ACCORDANCE WITH THE 353 REQUIREMENTS OF CHAPTER 4115. OF THE REVISED CODE FOR THE 354 DETERMINATION OF PREVAILING WAGE RATES. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN SECTION 356 3383.07 OF THE REVISED CODE, CONSTRUCTION SERVICES AND GENERAL 357 BUILDING SERVICES FOR A PORT AUTHORITY EDUCATIONAL AND CULTURAL 358 PERFORMING ARTS FACILITY FUNDED COMPLETELY OR IN PART WITH MONEY 359 APPROPRIATED BY THE STATE TO THE OHIO ARTS AND SPORTS FACILITIES 360 COMMISSION MAY BE PROVIDED BY A PORT AUTHORITY OR A CORPORATION THAT OCCUPIES, WILL OCCUPY, OR IS RESPONSIBLE FOR THAT FACILITY, 361 AS DETERMINED BY THE COMMISSION. THE CONSTRUCTION SERVICES AND 362 GENERAL BUILDING SERVICES TO BE PROVIDED BY THE PORT AUTHORITY OR 363 THE CORPORATION SHALL BE SPECIFIED IN AN AGREEMENT BETWEEN THE 364 COMMISSION AND THE PORT AUTHORITY OR CORPORATION. THAT AGREEMENT, OR ANY ACTIONS TAKEN UNDER IT, ARE NOT SUBJECT TO 365 CHAPTERS 123. OR 153. OF THE REVISED CODE, EXCEPT FOR SECTIONS 366 123.151 AND 153.011 OF THE REVISED CODE, BUT ARE SUBJECT TO 367 CHAPTER 4115. OF THE REVISED CODE. Sec. 5739.024. (A)(1) A board of county commissioners may 376 by resolution adopted by a majority of the members of the board, 377 levy an excise tax not to exceed three per cent on transactions 378 by which lodging by a hotel is or is to be furnished to transient 379 11 guests. The board shall establish all regulations necessary to 380 provide for the administration and allocation of the tax. Except 382 as otherwise provided in divisions (A)(2) and (3) of this 384 section, the regulations shall provide, after deducting the real 385 and actual costs of administering the tax, for the return to each 386 municipal corporation or township that does not levy an excise 387 tax on such transactions, a uniform percentage of the tax 388 collected in the municipal corporation or in the unincorporated 389 portion of the township from each such transaction, not to exceed 390 thirty-three and one-third per cent. The remainder of the 391 revenue arising from the tax shall be deposited in a separate 392 fund and shall be spent solely to make contributions to the 393 convention and visitors' bureau operating within the county, 394 including a pledge and contribution of any portion of such 395 remainder pursuant to an agreement authorized by section 307.695 396 of the Revised Code. Except as otherwise provided under division 397 (A)(2) or (3) of this section, on and after May 10, 1994, a board 399 of county commissioners may not levy an excise tax pursuant to 400 this division in any municipal corporation or township located 401 wholly or partly within the county that has in effect an 402 ordinance or resolution levying an excise tax pursuant to 403 division (B) of this section. The board of a county that has 404 levied a tax under division (C) of this section may, by 405 resolution adopted within ninety days after July 15, 1985, by a 406 majority of the members of the board, amend the resolution 407 levying a tax under this division to provide for a portion of 408 that tax to be pledged and contributed in accordance with an 409 agreement entered under section 307.695 of the Revised Code. A 410 tax, any revenue from which is pledged pursuant to such an 411 agreement, shall remain in effect at the rate at which it is 412 imposed for the duration of the period for which the revenue 413 therefrom has been so pledged. (2) A board of county commissioners that levies an excise 415 tax under division (A)(1) of this section on June 30, 1997, at a 417 12 rate of three per cent, and that has pledged revenue from the tax 419 to an agreement entered into under section 307.695 of the Revised Code, may amend the resolution levying that tax to provide for an 421 increase in the rate of the tax up to five per cent on each transaction; to provide that revenue from the increase in the 422 rate shall be spent solely to make contributions to the 423 convention and visitors' bureau operating within the county to be 424 used specifically for promotion, advertising, and marketing of 425 the region in which the county is located; to provide that the 426 rate in excess of the three per cent levied under division (A)(1) 427 of this section shall remain in effect at the rate at which it is 428 imposed for the duration of the period during which any agreement is in effect that was entered into under section 307.695 of the 429 Revised Code by the board of county commissioners levying a tax 430 under division (A)(1) of this section; and to provide that no 431 portion of that revenue need be returned to townships or 432 municipal corporations as would otherwise be required under 433 division (A)(1) of this section. (3) A board of county commissioners that levies a tax 435 under division (A)(1) of this section onthe effective date of436this amendmentMARCH 18, 1999, at a rate of three per cent may, 438 by resolution adopted not later than forty-five days afterthat439effective dateMARCH 18, 1999, amend the resolution levying the 441 tax to provide for all of the following: (a) That the rate of the tax shall be increased by not 443 more than an additional four per cent on each transaction; 444 (b) That all of the revenue from the increase in rate 446 shall be pledged and contributed to a convention facilities 447 authority established by the board of county commissioners under 448 Chapter 351. of the Revised Code on or before November 15, 1998, 449 and used to pay costs of constructing, maintaining, operating, 451 and promoting a facility in the county, including paying bonds, 452 or notes issued in anticipation of bonds, as provided by that chapter; 453 13 (c) That no portion of the revenue arising from the 455 increase in rate need be returned to municipal corporations or 456 townships as otherwise required under division (A)(1) of this 457 section; (d) That the increase in rate shall not be subject to 459 diminution by initiative or referendum or by law while any bonds, 460 or notes in anticipation of bonds, issued by the authority under 461 Chapter 351. of the Revised Code to which the revenue is pledged 462 remain outstanding in accordance with their terms, unless 463 provision is made by law or by the board of county commissioners 464 for an adequate substitute therefor that is satisfactory to the 465 trustee if a trust agreement secures the bonds. Division (A)(3) of this section does not apply to the board 468 of county commissioners of any county in which a convention 469 center or facility exists or is being constructed on November 15, 471 1998, or of any county in which a convention facilities authority 472 levies a tax pursuant to section 351.021 of the Revised Code on 473 that date. As used in division (A)(3) of this section, "costs" and 475 "facility" have the same meanings as in section 351.01 of the 476 Revised Code, and "convention center" has the same meaning as in 477 section 307.695 of the Revised Code. 478 (B) The legislative authority of a municipal corporation 480 or the board of trustees of a township that is not wholly or 481 partly located in a county that has in effect a resolution 482 levying an excise tax pursuant to division (A)(1) of this section 483 may by ordinance or resolution levy an excise tax not to exceed 484 three per cent on transactions by which lodging by a hotel is or 485 is to be furnished to transient guests. The legislative 486 authority of the municipal corporation or township shall deposit 487 at least fifty per cent of the revenue from the tax levied 488 pursuant to this division into a separate fund, which shall be 489 spent solely to make contributions to convention and visitors' 490 bureaus operating within the county in which the municipal 491 14 corporation or township is wholly or partly located, and the 492 balance of such revenue shall be deposited in the general fund. 493 The municipal corporation or township shall establish all 494 regulations necessary to provide for the administration and 495 allocation of the tax. The levy of a tax under this division is 496 in addition to any tax imposed on the same transaction by a 497 municipal corporation or a township as authorized by division 498 (C)(1) of section 5739.02 of the Revised Code. 499 (C) For the purpose of making the payments authorized by 501 section 307.695 of the Revised Code to construct and equip a 502 convention center in the county and to cover the costs of 503 administering the tax, a board of county commissioners of a 504 county where a tax imposed under division (A)(1) of this section 505 is in effect may, by resolution adopted within ninety days after 506 July 15, 1985, by a majority of the members of the board, levy an 508 additional excise tax not to exceed three per cent on 509 transactions by which lodging by a hotel is or is to be furnished 510 to transient guests. The tax authorized by this division shall 511 be in addition to any tax that is levied pursuant to division (A) 512 of this section, but it shall not apply to transactions subject 513 to a tax levied by a municipal corporation or township pursuant 514 to the authorization granted by division (C)(1) of section 515 5739.02 of the Revised Code. The board shall establish all 516 regulations necessary to provide for the administration and 517 allocation of the tax. All revenues arising from the tax shall 518 be expended in accordance with section 307.695 of the Revised 519 Code. A tax imposed under this section shall remain in effect at 520 the rate at which it is imposed for the duration of the period 521 for which the revenue therefrom has been pledged pursuant to such 522 section. (D) For the purpose of providing contributions under 524 division (B)(1) of section 307.671 of the Revised Code to enable 525 the acquisition, construction, and equipping of a port authority 526 educational and cultural facility in the county and, to the 527 15 extent provided for in the cooperative agreement authorized by 528 that section, for the purpose of paying debt service charges on 529 bonds, or notes in anticipation thereof, described in division 530 (B)(1)(b) of that section, a board of county commissioners, by 531 resolution adopted within ninety days after December 22, 1992, by 533 a majority of the members of the board, may levy an additional 534 excise tax not to exceed one and one-half per cent on 535 transactions by which lodging by a hotel is or is to be furnished 536 to transient guests. The excise tax authorized by this division 537 shall be in addition to any tax that is levied pursuant to 538 divisions (A), (B), and (C) of this section, to any excise tax levied pursuant to division (C) of section 5739.02 of the Revised 539 Code, and to any excise tax levied pursuant to section 351.021 of 540 the Revised Code. The board of county commissioners shall 541 establish all regulations necessary to provide for the 542 administration and allocation of the tax that are not 543 inconsistent with this section or section 307.671 of the Revised 544 Code. All revenues arising from the tax shall be expended in 545 accordance with section 307.671 of the Revised Code and division 546 (D) of this section. The levy of a tax imposed under this 547 section may not commence prior to the first day of the month next 548 following the execution of the cooperative agreement authorized 549 by section 307.671 of the Revised Code by all parties to that 550 agreement. Such tax shall remain in effect at the rate at which 551 it is imposed for the period of time described in division (C) of 552 section 307.671 of the Revised Code for which the revenue from 553 the tax has been pledged by the county to the corporation 554 pursuant to such section, but, to any extent provided for in the 555 cooperative agreement, for no lesser period than the period of 556 time required for payment of the debt service charges on bonds, 557 or notes in anticipation thereof, described in division (B)(1)(b) 558 of that section. 559 (E) For the purpose of paying the costs of acquiring, 561 constructing, equipping, and improving a municipal educational 562 16 and cultural facility, including debt service charges on bonds 563 provided for in division (B) of section 307.672 of the Revised 564 Code, and for such additional purposes as are determined by the 565 county in the resolution levying the tax or amendments thereto, 566 INCLUDING SUBSEQUENT AMENDMENTS PROVIDING FOR PAYING COSTS OF 567 ACQUIRING, CONSTRUCTING, RENOVATING, REHABILITATING, EQUIPPING, 568 AND IMPROVING A PORT AUTHORITY EDUCATIONAL AND CULTURAL 569 PERFORMING ARTS FACILITY, AS DEFINED IN SECTION 307.674 OF THE 570 REVISED CODE, INCLUDING DEBT SERVICE CHARGES ON BONDS PROVIDED FOR IN DIVISION (B) OF SECTION 307.674 OF THE REVISED CODE, the 571 legislative authority of a county, by resolution adopted within 573 ninety days after June 30, 1993, by a majority of the members of the legislative authority, may levy an additional excise tax not 574 to exceed one and one-half per cent on transactions by which 575 lodging by a hotel is or is to be furnished to transient guests. 576 The excise tax authorized by this division shall be in addition 577 to any tax that is levied pursuant to divisions (A), (B), (C), 578 and (D) of this section, to any excise tax levied pursuant to 579 division (C) of section 5739.02 of the Revised Code, and to any 580 excise tax levied pursuant to section 351.021 of the Revised 581 Code. The legislative authority of the county shall establish 582 all regulations necessary to provide for the administration and 583 allocation of the tax. All revenues arising from the tax shall 584 be expended in accordance with section 307.672 of the Revised 585 Code and division (E) of this section. The levy of a tax imposed 586 under this division shall not commence prior to the first day of 587 the month next following the execution of the cooperative 588 agreement authorized by section 307.672 of the Revised Code by 589 all parties to that agreement. Such tax shall remain in effect at 590 the rate at which it is imposed for the period of time determined 591 by the legislative authority of the county, but not to exceed 592 fifteen years. (F) THE LEGISLATIVE AUTHORITY OF A COUNTY THAT HAS LEVIED 594 A TAX UNDER DIVISION (E) OF THIS SECTION MAY, BY RESOLUTION 595 17 ADOPTED WITHIN ONE HUNDRED EIGHTY DAYS AFTER _______, BY A 596 MAJORITY OF THE MEMBERS OF THE LEGISLATIVE AUTHORITY, AMEND THE 597 RESOLUTION LEVYING A TAX UNDER DIVISION (E) OF THIS SECTION TO 598 PROVIDE FOR THE USE OF THE PROCEEDS OF THAT TAX, TO THE EXTENT 599 THAT IT IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE AS DETERMINED BY THE PARTIES TO A COOPERATIVE AGREEMENT AMENDMENT 600 PURSUANT TO DIVISION (D) OF SECTION 307.672 OF THE REVISED CODE, 601 TO PAY COSTS OF ACQUIRING, CONSTRUCTING, RENOVATING, 602 REHABILITATING, EQUIPPING, AND IMPROVING A PORT AUTHORITY 603 EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY, INCLUDING DEBT SERVICE CHARGES ON BONDS PROVIDED FOR IN DIVISION (B) OF SECTION 604 307.674 OF THE REVISED CODE. THE RESOLUTION MAY ALSO PROVIDE FOR 605 THE EXTENSION OF THE TAX AT THE SAME RATE FOR THE LONGER OF THE 606 PERIOD OF TIME DETERMINED BY THE LEGISLATIVE AUTHORITY OF THE 607 COUNTY, BUT NOT TO EXCEED AN ADDITIONAL TWENTY-FIVE YEARS, OR THE 608 PERIOD OF TIME REQUIRED TO PAY ALL DEBT SERVICE CHARGES ON BONDS 609 PROVIDED FOR IN DIVISION (B) OF SECTION 307.672 OF THE REVISED CODE AND ON PORT AUTHORITY REVENUE BONDS PROVIDED FOR IN DIVISION 610 (B) OF SECTION 307.674 OF THE REVISED CODE. ALL REVENUES ARISING 611 FROM THE AMENDMENT AND EXTENSION OF THE TAX SHALL BE EXPENDED IN 612 ACCORDANCE WITH SECTION 307.674 OF THE REVISED CODE AND DIVISIONS 613 (E) AND (F) OF THIS SECTION. Section 2. That existing sections 307.672 and 5739.024 of 615 the Revised Code are hereby repealed. 616 Section 3. The amendment and enactment of sections of the 618 Revised Code by Section 1 of this act apply to any proceedings 619 commenced after the effective date of this act, and, so far as 620 the provisions thereof support the actions taken, to any 621 proceedings pending or in progress on, or completed prior to, the 622 effective date of this act. The authority provided by Section 1 of this act is supplemental to and not in derogation of any 623 similar authority provided by, derived from, or implied by any 624 law, the constitution, or any charter, resolution, or ordinance, 625 and no inference shall be drawn to negate the authority 626 18 thereunder by reason of the express provisions contained in Section 1. 627 Section 4. This act is hereby declared to be an emergency 629 measure necessary for the immediate preservation of the public 630 peace, health, and safety. The reason for such necessity is that 631 the expeditious authorization of the cooperative undertaking by 632 the various entities provided for herein is required to better 633 enable the timely acquisition, construction, improvement, and 634 equipping of immediately needed educational and cultural performing arts facilities and the timely commitments to do so. 635 Therefore, this act shall go into immediate effect. 636