As Reported by the House Local Government and Townships Committee

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 513


REPRESENTATIVES Seitz, Schmidt, Raga, Brinkman, Hagan, Faber, Collier, Carano, Seaver, Schaffer, Lendrum, Fessler, Grendell, Blasdel, Schneider, Roman, Sferra, Hughes, Setzer, Distel, Flowers, Wolpert



A BILL
To amend sections 124.23, 124.27, 133.01, 505.10,1
505.82, 507.11, 517.15, 5543.10, 5571.14, 5571.16,2
5705.13, and 5705.19, to enact section 505.401, and3
to repeal sections 517.16, 517.17, and 517.18 of4
the Revised Code to authorize taxing authorities to5
create multiple reserve balance accounts for rainy6
day funds; to permit political subdivisions to levy7
a tax in excess of the ten-mill limitation for8
parks and recreational purposes and to permit a9
township to levy such a tax on a permanent10
continuous basis; to expand the authority of11
townships pertaining to the permanent endowment12
fund for their cemeteries; to authorize townships13
to sell real property under certain circumstances14
without a public auction or competitive bidding; to15
authorize townships to declare a road obstruction16
to be a nuisance and to order its removal; to17
permit counties and townships to provide curbs,18
including driveway aprons, and gutters along public19
highways; to permit a board of township trustees to20
require a permit for the installation of a driveway21
culvert; to permit a board of township trustees to22
declare an emergency for up to six months in order23
to remove, among other things, snow and ice from24
private roads; to permit authorized township25
officers and employees to incur obligations of up26
to $2500 without prior approval; to make changes in27
the residency requirements for employees in the28
classified civil service; and to authorize township29
fire districts to issue bonds in accordance with30
the Uniform Public Securities Law.31


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 124.23, 124.27, 133.01, 505.10,32
505.82, 507.11, 517.15, 5543.10, 5571.14, 5571.16, 5705.13, and33
5705.19 be amended and section 505.401 of the Revised Code be34
enacted to read as follows:35

       Sec. 124.23.  (A) All applicants for positions and places in36
the classified service shall be subject to examination, except for37
applicants for positions as professional or certified service and38
paraprofessional employees of county boards of mental retardation39
and developmental disabilities, who shall be hired in the manner40
provided in section 124.241 of the Revised Code.41

       (B) Any examination administered under this section shall be42
public, and open to all citizens of the United States and those43
persons who have legally declared their intentions of becoming44
United States citizens, within certain limitations to be45
determined by the director of administrative services, as to46
citizenship, residence, age, experience, education, health, habit,47
and moral character; provided any soldier, sailor, marine, coast48
guarder, member of the auxiliary corps as established by congress,49
member of the army nurse corps or navy nurse corps, or red cross50
nurse who has served in the army, navy, or hospital service of the51
United States, and such other military service as is designated by52
congress, including World War I, World War II, or during the53
period beginning May 1, 1949, and lasting so long as the armed54
forces of the United States are engaged in armed conflict or55
occupation duty, or the selective service or similar conscriptive56
acts are in effect in the United States, whichever is the later57
date, who has been honorably discharged therefrom or transferred58
to the reserve with evidence of satisfactory service, and is a59
resident of Ohio, may file with the director of administrative60
services a certificate of service or honorable discharge,61
whereupon the person shall receive additional credit of twenty per62
cent of the person's total grade given in the regular examination63
in which the person receives a passing grade. Such examination64
may include an evaluation of such factors as education, training,65
capacity, knowledge, manual dexterity, and physical or66
psychological fitness. Examinations shall consist of one or more67
tests in any combination. Tests may be written, oral, physical,68
demonstration of skill, or an evaluation of training and69
experiences and shall be designed to fairly test the relative70
capacity of the persons examined to discharge the particular71
duties of the position for which appointment is sought. Where72
minimum or maximum requirements are established for any73
examination they shall be specified in the examination74
announcement.75

       The director of administrative services shall have control of76
all examinations, except as otherwise provided in sections 124.0177
to 124.64 of the Revised Code. No questions in any examination78
shall relate to political or religious opinions or affiliations.79
No credit for seniority, efficiency, or any other reason shall be80
added to an applicant's examination grade unless the applicant81
achieves at least the minimum passing grade on the examination82
without counting such extra credit.83

       Except as otherwise provided in sections 124.01 to 124.64 of84
the Revised Code, the director of administrative services shall85
give reasonable notice of the time, place, and general scope of86
every competitive examination for appointment to a position in the87
civil service. The director of administrative services shall send88
written, printed, or electronic notices of every examination of89
the state classified service to each agency of the type the90
director of job and family services specifies and, in the case of91
a county in which no such agency is located, to the clerk of the92
court of common pleas of that county and to the clerk of each city93
of that county. Such notices, promptly upon receipt, shall be94
posted in conspicuous public places in the designated agencies and95
the courthouse, and city hall of the cities, of the counties in96
which no such agency is located. Such notices shall be posted in97
a conspicuous place in the office of the director of98
administrative services for at least two weeks before any99
examination. In case of examinations limited by the director of100
administrative services to a district, county, city, or101
department, the director of administrative services shall provide102
by rule for adequate publicity of such examinations in the103
district, county, city, or department within which competition is104
permitted.105

       Sec. 124.27.  (A) The head of a department, office, or106
institution, in which a position in the classified service is to107
be filled, shall notify the director of administrative services of108
the fact, and the director shall, except as otherwise provided in109
this section and sections 124.30 and 124.31 of the Revised Code,110
certify to the appointing authority the names and addresses of the111
ten candidates standing highest on the eligible list for the class112
or grade to which the position belongs; provided that the director113
may certify less than ten names if ten names are not available.114
When less than ten names are certified to an appointing authority,115
appointment from that list shall not be mandatory. When a116
position in the classified service in the department of mental117
health or the department of mental retardation and developmental118
disabilities is to be filled, the director of administrative119
services shall make such certification to the appointing authority120
within seven working days of the date the eligible list is121
requested.122

       (B) The appointing authority shall notify the director of123
such position to be filled, and the appointing authority shall124
fill such position by appointment of one of the ten persons125
certified by the director. If more than one position is to be126
filled, the director of administrative services may certify a127
group of names from the eligible list and the appointing authority128
shall appoint in the following manner: Beginning at the top of129
the list, each time a selection is made it must be from one of the130
first ten candidates remaining on the list who is willing to131
accept consideration for the position. If an eligible list132
becomes exhausted, and until a new list can be created, or when no133
eligible list for such position exists, names may be certified134
from eligible lists most appropriate for the group or class in135
which the position to be filled is classified. A person certified136
from an eligible list more than three times to the same appointing137
authority for the same or similar positions, may be omitted from138
future certification to such appointing authority, provided that139
certification for a temporary appointment shall not be counted as140
one of such certifications. Every soldier, sailor, marine, coast141
guarder, member of the auxiliary corps as established by congress,142
member of the army nurse corps, or navy nurse corps, or red cross143
nurse who has served in the army, navy, or hospital service of the144
United States, and such other military service as is designated by145
congress in the war with Spain, including the Philippine146
insurrection and the Chinese relief expedition, or from April 21,147
1898, to July 4, 1902, World War I, World War II, or during the148
period beginning May 1, 1949, and lasting so long as the armed149
forces of the United States are engaged in armed conflict or150
occupation duty, or the selective service or similar conscriptive151
acts are in effect in the United States, whichever is the later152
date, who has been honorably discharged or separated under153
honorable conditions therefrom, who is a resident of this state,154
and whose name is on the eligible list for a position, shall be155
entitled to preference in original appointments to any such156
competitive position in the civil service of the state and the157
civil divisions thereof, over all persons eligible for such158
appointments and standing on the list therefor, with a rating159
equal to that of each such person. Appointments to all positions160
in the classified service, that are not filled by promotion,161
transfer, or reduction, as provided in sections 124.01 to 124.64162
of the Revised Code and the rules of the director prescribed under163
those sections, shall be made only from those persons whose names164
are certified to the appointing authority, and no employment,165
except as provided in those sections, shall be otherwise given in166
the classified service of this state or any political subdivision167
of the state.168

       (C) All original and promotional appointments, including169
provisional appointments made pursuant to section 124.30 of the170
Revised Code, shall be for a probationary period, not less than171
sixty days nor more than one year, to be fixed by the rules of the172
director, except as provided in section 124.231 of the Revised173
Code, or except original appointments to a police department as a174
police officer, or to a fire department as a firefighter which175
shall be for a probationary period of one year, and no appointment176
or promotion is final until the appointee has satisfactorily177
served the probationary period. Service as a provisional employee178
in the same or similar class shall be included in the probationary179
period. If the service of the probationary employee is180
unsatisfactory, the employee may be removed or reduced at any time181
during the probationary period. If the appointing authority's182
decision is to remove the appointee, the appointing authority's183
communication to the director shall indicate the reason for that184
decision. A probationary employee duly removed or reduced in185
position for unsatisfactory service does not have the right to186
appeal the removal or reduction under section 124.34 of the187
Revised Code.188

       Any person appointed to a position in the classified service189
under sections 124.01 to 124.64 of the Revised Code, except190
temporary and exceptional appointments, shall be or become191
forthwith a resident of the state.192

       Sec. 133.01.  As used in this chapter, in sections 9.95,193
9.96, and 2151.655 of the Revised Code, in other sections of the194
Revised Code that make reference to this chapter unless the195
context does not permit, and in related proceedings, unless196
otherwise expressly provided:197

       (A) "Acquisition" as applied to real or personal property198
includes, among other forms of acquisition, acquisition by199
exercise of a purchase option, and acquisition of interests in200
property, including, without limitation, easements and201
rights-of-way, and leasehold and other lease interests initially202
extending or extendable for a period of at least sixty months.203

       (B) "Anticipatory securities" means securities, including204
notes, issued in anticipation of the issuance of other securities.205

       (C) "Board of elections" means the county board of elections206
of the county in which the subdivision is located. If the207
subdivision is located in more than one county, "board of208
elections" means the county board of elections of the county that209
contains the largest portion of the population of the subdivision210
or that otherwise has jurisdiction in practice over and211
customarily handles election matters relating to the subdivision.212

       (D) "Bond retirement fund" means the bond retirement fund213
provided for in section 5705.09 of the Revised Code, and also214
means a sinking fund or any other special fund, regardless of the215
name applied to it, established by or pursuant to law or the216
proceedings for the payment of debt charges. Provision may be217
made in the applicable proceedings for the establishment in a bond218
retirement fund of separate accounts relating to debt charges on219
particular securities, or on securities payable from the same or220
common sources, and for the application of moneys in those221
accounts only to specified debt charges on specified securities or222
categories of securities. Subject to law and any provisions in223
the applicable proceedings, moneys in a bond retirement fund or224
separate account in a bond retirement fund may be transferred to225
other funds and accounts.226

       (E) "Capitalized interest" means all or a portion of the227
interest payable on securities from their date to a date stated or228
provided for in the applicable legislation, which interest is to229
be paid from the proceeds of the securities.230

       (F) "Chapter 133. securities" means securities authorized by231
or issued pursuant to or in accordance with this chapter.232

       (G) "County auditor" means the county auditor of the county233
in which the subdivision is located. If the subdivision is234
located in more than one county, "county auditor" means the county235
auditor of the county that contains the highest amount of the tax236
valuation of the subdivision or that otherwise has jurisdiction in237
practice over and customarily handles property tax matters238
relating to the subdivision. In the case of a county that has239
adopted a charter, "county auditor" means the officer who240
generally has the duties and functions provided in the Revised241
Code for a county auditor.242

       (H) "Credit enhancement facilities" means letters of credit,243
lines of credit, stand-by, contingent, or firm securities purchase244
agreements, insurance, or surety arrangements, guarantees, and245
other arrangements that provide for direct or contingent payment246
of debt charges, for security or additional security in the event247
of nonpayment or default in respect of securities, or for making248
payment of debt charges to and at the option and on demand of249
securities holders or at the option of the issuer or upon certain250
conditions occurring under put or similar arrangements, or for251
otherwise supporting the credit or liquidity of the securities,252
and includes credit, reimbursement, marketing, remarketing,253
indexing, carrying, interest rate hedge, and subrogation254
agreements, and other agreements and arrangements for payment and255
reimbursement of the person providing the credit enhancement256
facility and the security for that payment and reimbursement.257

       (I) "Current operating expenses" or "current expenses" means258
the lawful expenditures of a subdivision, except those for259
permanent improvements and for payments of debt charges of the260
subdivision.261

       (J) "Debt charges" means the principal, including any262
mandatory sinking fund deposits and mandatory redemption payments,263
interest, and any redemption premium, payable on securities as264
those payments come due and are payable. The use of "debt265
charges" for this purpose does not imply that any particular266
securities constitute debt within the meaning of the Ohio267
Constitution or other laws.268

       (K) "Financing costs" means all costs and expenses relating269
to the authorization, including any required election, issuance,270
sale, delivery, authentication, deposit, custody, clearing,271
registration, transfer, exchange, fractionalization, replacement,272
payment, and servicing of securities, including, without273
limitation, costs and expenses for or relating to publication and274
printing, postage, delivery, preliminary and final official275
statements, offering circulars, and informational statements,276
travel and transportation, underwriters, placement agents,277
investment bankers, paying agents, registrars, authenticating278
agents, remarketing agents, custodians, clearing agencies or279
corporations, securities depositories, financial advisory280
services, certifications, audits, federal or state regulatory281
agencies, accounting and computation services, legal services and282
obtaining approving legal opinions and other legal opinions,283
credit ratings, redemption premiums, and credit enhancement284
facilities. Financing costs may be paid from any moneys available285
for the purpose, including, unless otherwise provided in the286
proceedings, from the proceeds of the securities to which they287
relate and, as to future financing costs, from the same sources288
from which debt charges on the securities are paid and as though289
debt charges.290

       (L) "Fiscal officer" means the following, or, in the case of291
absence or vacancy in the office, a deputy or assistant authorized292
by law or charter to act in the place of the named officer, or if293
there is no such authorization then the deputy or assistant294
authorized by legislation to act in the place of the named officer295
for purposes of this chapter, in the case of the following296
subdivisions:297

       (1) A county, the county auditor;298

       (2) A municipal corporation, the city auditor or village299
clerk or clerk-treasurer, or the officer who, by virtue of a300
charter, has the duties and functions provided in the Revised Code301
for the city auditor or village clerk or clerk-treasurer;302

       (3) A school district, the treasurer of the board of303
education;304

       (4) A regional water and sewer district, the secretary of305
the board of trustees;306

       (5) A joint township hospital district, the treasurer of the307
district;308

       (6) A joint ambulance district, the clerk of the board of309
trustees;310

       (7) A joint recreation district, the person designated311
pursuant to section 755.15 of the Revised Code;312

       (8) A detention facility district or a district organized313
under section 2151.65 of the Revised Code or a combined district314
organized under sections 2152.41 and 2151.65 of the Revised Code,315
the county auditor of the county designated by law to act as the316
auditor of the district;317

       (9) A township, a fire district organized under division (C)318
of section 505.37 of the Revised Code, or a township police319
district, the clerk of the township;320

       (10) A joint fire district, the clerk of the board of321
trustees of that district;322

       (11) A regional or county library district, the person323
responsible for the financial affairs of that district;324

       (12) A joint solid waste management district, the fiscal325
officer appointed by the board of directors of the district under326
section 343.01 of the Revised Code;327

       (13) A joint emergency medical services district, the person328
appointed as fiscal officer pursuant to division (D) of section329
307.053 of the Revised Code;330

       (14) A fire and ambulance district, the person appointed as331
fiscal officer under division (B) of section 505.375 of the332
Revised Code;333

       (15) A subdivision described in division (MM)(16)(17) of334
this section, the officer who is designated by law as or performs335
the functions of its chief fiscal officer.336

       (M) "Fiscal year" has the same meaning as in section 9.34 of337
the Revised Code.338

       (N) "Fractionalized interests in public obligations" means339
participations, certificates of participation, shares, or other340
instruments or agreements, separate from the public obligations341
themselves, evidencing ownership of interests in public342
obligations or of rights to receive payments of, or on account of,343
principal or interest or their equivalents payable by or on behalf344
of an obligor pursuant to public obligations.345

       (O) "Fully registered securities" means securities in346
certificated or uncertificated form, registered as to both347
principal and interest in the name of the owner.348

       (P) "Fund" means to provide for the payment of debt charges349
and expenses related to that payment at or prior to retirement by350
purchase, call for redemption, payment at maturity, or otherwise.351

       (Q) "General obligation" means securities to the payment of352
debt charges on which the full faith and credit and the general353
property taxing power, including taxes within the tax limitation354
if available to the subdivision, of the subdivision are pledged.355

       (R) "Interest" or "interest equivalent" means those payments356
or portions of payments, however denominated, that constitute or357
represent consideration for forbearing the collection of money, or358
for deferring the receipt of payment of money to a future time.359

       (S) "Internal Revenue Code" means the "Internal Revenue Code360
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and361
includes any laws of the United States providing for application362
of that code.363

       (T) "Issuer" means any public issuer and any nonprofit364
corporation authorized to issue securities for or on behalf of any365
public issuer.366

       (U) "Legislation" means an ordinance or resolution passed by367
a majority affirmative vote of the then members of the taxing368
authority unless a different vote is required by charter369
provisions governing the passage of the particular legislation by370
the taxing authority.371

       (V) "Mandatory sinking fund redemption requirements" means372
amounts required by proceedings to be deposited in a bond373
retirement fund for the purpose of paying in any year or fiscal374
year by mandatory redemption prior to stated maturity the375
principal of securities that is due and payable, except for376
mandatory prior redemption requirements as provided in those377
proceedings, in a subsequent year or fiscal year.378

       (W) "Mandatory sinking fund requirements" means amounts379
required by proceedings to be deposited in a year or fiscal year380
in a bond retirement fund for the purpose of paying the principal381
of securities that is due and payable in a subsequent year or382
fiscal year.383

       (X) "Net indebtedness" has the same meaning as in division384
(A) of section 133.04 of the Revised Code.385

       (Y) "Obligor," in the case of securities or fractionalized386
interests in public obligations issued by another person the debt387
charges or their equivalents on which are payable from payments388
made by a public issuer, means that public issuer.389

       (Z) "One purpose" relating to permanent improvements means390
any one permanent improvement or group or category of permanent391
improvements for the same utility, enterprise, system, or project,392
development or redevelopment project, or for or devoted to the393
same general purpose, function, or use or for which394
self-supporting securities, based on the same or different sources395
of revenues, may be issued or for which special assessments may be396
levied by a single ordinance or resolution. "One purpose"397
includes, but is not limited to, in any case any off-street398
parking facilities relating to another permanent improvement, and:399

       (1) Any number of roads, highways, streets, bridges,400
sidewalks, and viaducts;401

       (2) Any number of off-street parking facilities;402

       (3) In the case of a county, any number of permanent403
improvements for courthouse, jail, county offices, and other404
county buildings, and related facilities;405

       (4) In the case of a school district, any number of406
facilities and buildings for school district purposes, and related407
facilities.408

       (AA) "Outstanding," referring to securities, means409
securities that have been issued, delivered, and paid for, except410
any of the following:411

       (1) Securities canceled upon surrender, exchange, or412
transfer, or upon payment or redemption;413

       (2) Securities in replacement of which or in exchange for414
which other securities have been issued;415

       (3) Securities for the payment, or redemption or purchase416
for cancellation prior to maturity, of which sufficient moneys or417
investments, in accordance with the applicable legislation or418
other proceedings or any applicable law, by mandatory sinking fund419
redemption requirements, mandatory sinking fund requirements, or420
otherwise, have been deposited, and credited for the purpose in a421
bond retirement fund or with a trustee or paying or escrow agent,422
whether at or prior to their maturity or redemption, and, in the423
case of securities to be redeemed prior to their stated maturity,424
notice of redemption has been given or satisfactory arrangements425
have been made for giving notice of that redemption, or waiver of426
that notice by or on behalf of the affected security holders has427
been filed with the subdivision or its agent for the purpose.428

       (BB) "Paying agent" means the one or more banks, trust429
companies, or other financial institutions or qualified persons,430
including an appropriate office or officer of the subdivision,431
designated as a paying agent or place of payment of debt charges432
on the particular securities.433

       (CC) "Permanent improvement" or "improvement" means any434
property, asset, or improvement certified by the fiscal officer,435
which certification is conclusive, as having an estimated life or436
period of usefulness of five years or more, and includes, but is437
not limited to, real estate, buildings, and personal property and438
interests in real estate, buildings, and personal property,439
equipment, furnishings, and site improvements, and reconstruction,440
rehabilitation, renovation, installation, improvement,441
enlargement, and extension of property, assets, or improvements so442
certified as having an estimated life or period of usefulness of443
five years or more. The acquisition of all the stock ownership of444
a corporation is the acquisition of a permanent improvement to the445
extent that the value of that stock is represented by permanent446
improvements. A permanent improvement for parking, highway, road,447
and street purposes includes resurfacing, but does not include448
ordinary repair.449

       (DD) "Person" has the same meaning as in section 1.59 of the450
Revised Code and also includes any federal, state, interstate,451
regional, or local governmental agency, any subdivision, and any452
combination of those persons.453

       (EE) "Proceedings" means the legislation, certifications,454
notices, orders, sale proceedings, trust agreement or indenture,455
mortgage, lease, lease-purchase agreement, assignment, credit456
enhancement facility agreements, and other agreements,457
instruments, and documents, as amended and supplemented, and any458
election proceedings, authorizing, or providing for the terms and459
conditions applicable to, or providing for the security or sale or460
award of, public obligations, and includes the provisions set461
forth or incorporated in those public obligations and proceedings.462

       (FF) "Public issuer" means any of the following that is463
authorized by law to issue securities or enter into public464
obligations:465

       (1) The state, including an agency, commission, officer,466
institution, board, authority, or other instrumentality of the467
state;468

       (2) A taxing authority, subdivision, district, or other469
local public or governmental entity, and any combination or470
consortium, or public division, district, commission, authority,471
department, board, officer, or institution, thereof;472

       (3) Any other body corporate and politic, or other public473
entity.474

       (GG) "Public obligations" means both of the following:475

       (1) Securities;476

       (2) Obligations of a public issuer to make payments under477
installment sale, lease, lease purchase, or similar agreements,478
which obligations bear interest or interest equivalent.479

       (HH) "Refund" means to fund and retire outstanding480
securities, including advance refunding with or without payment or481
redemption prior to maturity.482

       (II) "Register" means the books kept and maintained by the483
registrar for registration, exchange, and transfer of registered484
securities.485

       (JJ) "Registrar" means the person responsible for keeping486
the register for the particular registered securities, designated487
by or pursuant to the proceedings.488

       (KK) "Securities" means bonds, notes, certificates of489
indebtedness, commercial paper, and other instruments in writing,490
including, unless the context does not admit, anticipatory491
securities, issued by an issuer to evidence its obligation to492
repay money borrowed, or to pay interest, by, or to pay at any493
future time other money obligations of, the issuer of the494
securities, but not including public obligations described in495
division (GG)(2) of this section.496

       (LL) "Self-supporting securities" means securities or497
portions of securities issued for the purpose of paying costs of498
permanent improvements to the extent that receipts of the499
subdivision, other than the proceeds of taxes levied by that500
subdivision, derived from or with respect to the improvements or501
the operation of the improvements being financed, or the502
enterprise, system, project, or category of improvements of which503
the improvements being financed are part, are estimated by the504
fiscal officer to be sufficient to pay the current expenses of505
that operation or of those improvements or enterprise, system,506
project, or categories of improvements and the debt charges507
payable from those receipts on securities issued for the purpose.508
Until such time as the improvements or increases in rates and509
charges have been in operation or effect for a period of at least510
six months, the receipts therefrom, for purposes of this511
definition, shall be those estimated by the fiscal officer, except512
that those receipts may include, without limitation, payments made513
and to be made to the subdivision under leases or agreements in514
effect at the time the estimate is made. In the case of an515
operation, improvements, or enterprise, system, project, or516
category of improvements without at least a six-month history of517
receipts, the estimate of receipts by the fiscal officer, other518
than those to be derived under leases and agreements then in519
effect, shall be confirmed by the taxing authority.520

       (MM) "Subdivision" means any of the following:521

       (1) A county, including a county that has adopted a charter522
under Article X, Ohio Constitution;523

       (2) A municipal corporation, including a municipal524
corporation that has adopted a charter under Article XVIII, Ohio525
Constitution;526

       (3) A school district;527

       (4) A regional water and sewer district organized under528
Chapter 6119. of the Revised Code;529

       (5) A joint township hospital district organized under530
section 513.07 of the Revised Code;531

       (6) A joint ambulance district organized under section532
505.71 of the Revised Code;533

       (7) A joint recreation district organized under division (C)534
of section 755.14 of the Revised Code;535

       (8) A detention facility district organized under section536
2152.41, a district organized under section 2151.65, or a combined537
district organized under sections 2152.41 and 2151.65 of the538
Revised Code;539

       (9) A township police district organized under section540
505.48 of the Revised Code;541

       (10) A township;542

       (11) A joint fire district organized under section 505.371543
of the Revised Code;544

       (12) A county library district created under section 3375.19545
or a regional library district created under section 3375.28 of546
the Revised Code;547

       (13) A joint solid waste management district organized under548
section 343.01 or 343.012 of the Revised Code;549

       (14) A joint emergency medical services district organized550
under section 307.052 of the Revised Code;551

       (15) A fire and ambulance district organized under section552
505.375 of the Revised Code;553

       (16) A fire district organized under division (C) of section554
505.37 of the Revised Code;555

       (17) Any other political subdivision or taxing district or556
other local public body or agency authorized by this chapter or557
other laws to issue Chapter 133. securities.558

       (NN) "Taxing authority" means in the case of the following559
subdivisions:560

       (1) A county, a county library district, or a regional561
library district, the board or boards of county commissioners, or562
other legislative authority of a county that has adopted a charter563
under Article X, Ohio Constitution, but with respect to such a564
library district acting solely as agent for the board of trustees565
of that district;566

       (2) A municipal corporation, the legislative authority;567

       (3) A school district, the board of education;568

       (4) A regional water and sewer district, a joint ambulance569
district, a joint recreation district, a fire and ambulance570
district, or a joint fire district, the board of trustees of the571
district;572

       (5) A joint township hospital district, the joint township573
hospital board;574

       (6) A detention facility district or a district organized575
under section 2151.65 of the Revised Code, a combined district576
organized under sections 2152.41 and 2151.65 of the Revised Code,577
or a joint emergency medical services district, the joint board of578
county commissioners;579

       (7) A township, a fire district organized under division (C)580
of section 505.37 of the Revised Code, or a township police581
district, the board of township trustees;582

       (8) A joint solid waste management district organized under583
section 343.01 or 343.012 of the Revised Code, the board of584
directors of the district;585

       (9) A subdivision described in division (MM)(16)(17) of this586
section, the legislative or governing body or official.587

       (OO) "Tax limitation" means the "ten-mill limitation" as588
defined in section 5705.02 of the Revised Code without diminution589
by reason of section 5705.313 of the Revised Code or otherwise,590
or, in the case of a municipal corporation or county with a591
different charter limitation on property taxes levied to pay debt592
charges on unvoted securities, that charter limitation. Those593
limitations shall be respectively referred to as the "ten-mill594
limitation" and the "charter tax limitation."595

       (PP) "Tax valuation" means the aggregate of the valuations596
of property subject to ad valorem property taxation by the597
subdivision on the real property, personal property, and public598
utility property tax lists and duplicates most recently certified599
for collection, and shall be calculated without deductions of the600
valuations of otherwise taxable property exempt in whole or in601
part from taxation by reason of exemptions of certain amounts of602
taxable value under division (C) of section 5709.01 or section603
323.152 of the Revised Code, or similar laws now or in the future604
in effect.605

       (QQ) "Year" means the calendar year.606

       (RR) "Interest rate hedge" means any arrangement by which607
either:608

       (1) The different interest costs or receipts at fixed609
interest rates and at floating interest rates, or at different610
maturities, are exchanged on stated amounts of bonds or611
investments, or on notional amounts;612

       (2) A party will pay interest costs in excess of an agreed613
limitation.614

       (SS) "Administrative agent," "agent," "commercial paper,"615
"floating rate interest structure," "indexing agent," "interest616
rate period," "put arrangement," and "remarketing agent" have the617
same meanings as in section 9.98 of the Revised Code.618

       (TT) "Sales tax supported" means obligations to the payment619
of debt charges on which an additional sales tax or additional620
sales taxes have been pledged by the taxing authority of a county621
pursuant to section 133.081 of the Revised Code.622

       Sec. 505.10.  The board of township trustees may accept, on623
behalf of the township, the donation by bequest, devise, deed of624
gift, or otherwise, of any real or personal property for any625
township use. When the township has property, including motor626
vehicles, road machinery, equipment, and tools, which the board,627
by resolution, finds it does not need for public use, areis628
obsolete, or areis unfit for the use for which they wereit was629
acquired, the board may sell and convey that property or630
otherwise dispose of it in accordance with this section. Except631
as otherwise provided in sections 505.08 and, 505.101, and632
505.102 of the Revised Code, the sale or other disposition of633
unneeded, obsolete, or unfit property shall be made in accordance634
with one of the following:635

       (A)(1) If the fair market value of property to be sold is,636
in the opinion of the board, in excess of two thousand five637
hundred dollars, the sale shall be by public auction, and the638
board shall publish notice of the time, place, and manner of the639
sale once a week for three weeks in a newspaper published, or of640
general circulation, in the township, the last of those641
publications to be at least five days before the date of sale, and642
shall post a typewritten or printed notice of the time, place, and643
manner of the sale in the office of the board for at least ten644
days prior to the sale.645

       (2) If the fair market value of property to be sold is, in646
the opinion of the board, two thousand five hundred dollars or647
less, the board may sell the property by private sale, without648
advertisement or public notification.649

       (3) If the board finds, by resolution, that the township has650
motor vehicles, road machinery, equipment, or tools which are not651
needed, or are unfit for public use, and the board wishes to sell 652
the motor vehicles, road machinery, equipment, or tools to the653
person or firm from which it proposes to purchase other motor654
vehicles, road machinery, equipment, or tools, the board may offer655
to sell the motor vehicles, road machinery, equipment, or tools to 656
that person or firm, and to have the selling price credited to657
the person or firm against the purchase price of other motor658
vehicles, road machinery, equipment, or tools.659

       (4) If the board advertises for bids for the sale of new660
motor vehicles, road machinery, equipment, or tools to the661
township, it may include in the same advertisement a notice of the662
willingness of the board to accept bids for the purchase of663
township-owned motor vehicles, road machinery, equipment, or tools664
which are obsolete or not needed for public use, and to have the665
amount of those bids subtracted from the selling price of the new666
motor vehicles, road machinery, equipment, or tools, as a means of667
determining the lowest responsible bidder.668

       (5) When a township has title to real property, the board of669
township trustees, by resolution, may authorize the transfer and670
conveyance of that property to any other political subdivision of671
the state upon such terms as are agreed to between the board and672
the legislative authority of that political subdivision.673

       (6) When a township has title to real property and the board674
of township trustees wishes to sell or otherwise transfer the675
property, the board, upon a unanimous vote of its members and by676
resolution, may authorize the transfer and conveyance of that real677
property to any person upon whatever terms are agreed to between678
the board and that person.679

       (7) If the board of township trustees determines that680
township personal property is not needed for public use, or is681
obsolete or unfit for the use for which it was acquired, and that682
the property has no value, the board may discard or salvage that683
property.684

       (B) When the board has offered property at public auction685
under this section and has not received an acceptable offer, the686
board, by resolution, may enter into a contract, without687
advertising or bidding, for the sale of that property. The688
resolution shall specify a minimum acceptable price and the689
minimum acceptable terms for the contract. The minimum acceptable690
price shall not be lower than the minimum price established for691
the public auction.692

       (C) Notwithstanding anything to the contrary in division (A)693
or (B) of this section and regardless of the property's value, the694
board of township trustees may sell personal property, including695
motor vehicles, road machinery, equipment, tools, or supplies,696
which is not needed for public use, or is obsolete or unfit for697
the use for which it was acquired, by internet auction. The board698
shall adopt, during each calendar year, a resolution expressing699
its intent to sell that property by internet auction. The700
resolution shall include a description of how the auctions will be701
conducted and shall specify the number of days for bidding on the702
property, which shall be no less than fifteen days, including703
Saturdays, Sundays, and legal holidays. The resolution shall704
indicate whether the township will conduct the auction or the705
board will contract with a representative to conduct the auction706
and shall establish the general terms and conditions of sale. If707
a representative is known when the resolution is adopted, the708
resolution shall provide contact information such as the709
representative's name, address, and telephone number.710

       After adoption of the resolution, the board shall publish, in711
a newspaper of general circulation in the township, notice of its712
intent to sell unneeded, obsolete, or unfit township personal713
property by internet auction. The notice shall include a summary714
of the information provided in the resolution and shall be715
published at least twice. The second and any subsequent notice716
shall be published not less than ten nor more than twenty days717
after the previous notice. A clerk also shall post a similar718
notice throughout the calendar year in a conspicuous place in the719
board's office, and, if the township maintains a website on the720
internet, the notice shall be posted continually throughout the721
calendar year at that website.722

       When property is to be sold by internet auction, the board or723
its representative may establish a minimum price that will be724
accepted for specific items and may establish any other terms and725
conditions for the particular sale, including requirements for726
pick-up or delivery, method of payment, and sales tax. This type727
of information shall be provided on the internet at the time of728
the auction and may be provided before that time upon request729
after the terms and conditions have been determined by the board730
or its representative.731

       As used in this section, "internet" means the international732
computer network of both federal and nonfederal interoperable733
packet switched data networks, including the graphical subnetwork734
called the world wide web.735

       Sec. 505.401. Pursuant to Chapter 133. of the Revised Code,736
the board of trustees of a fire district organized under division737
(C) of section 505.37 of the Revised Code may issue bonds for the738
purpose of acquiring fire-fighting equipment, buildings, and sites739
for the district or for the purpose of constructing or improving740
buildings to house fire-fighting equipment.741

       Sec. 505.82.  (A) If a board of township trustees by a742
unanimous vote or, in the event of the unavoidable absence of one743
trustee, by an affirmative vote of two trustees adopts a744
resolution declaring that an emergency exists that threatens life745
or property within the unincorporated territory of the township or746
that such an emergency is imminent, the board may exercise the747
following powers described in divisions (A)(1) and (2) and (B) of748
this section during the emergency in the one-monthfor a period of749
time not exceeding six months following the adoption of the750
resolution:. The resolution shall state the specific time period751
for which the emergency powers are in effect.752

       (1) If an owner of an undedicated road or stream bank in the753
unincorporated territory of the township has not provided for the754
removal of snow, ice, debris, or other obstructions from the road755
or bank, the board may provide for that removal. Prior to756
providing for the removal, the board of township trustees shall757
give, or make a good faith attempt to give, oral notice to the758
owner or owners of the road or bank of the trustees'board's759
intent to clear the road or bank and to impose a service charge760
for doing so. The board shall establish just and equitable761
service charges for the removal to be paid, except as provided in762
division (B) of this section, by the owners of the road or bank.763
The trustees764

       The board shall keep a record of the costs incurred by the765
township in removing snow, ice, debris, or other obstructions from766
the road or bank. The service charges shall be based on these767
costs and shall be in an amount sufficient to recover these costs.768
If there is more than one owner of the road or bank, the board,769
except as provided in division (B) of this section, shall allocate770
the service charges among the owners on an equitable basis. The771
board shall notify, in writing, each owner of the road or bank of772
the amount of the service chargecharges and shall certify the773
charges to the county auditor. The service charges shall774
constitute a lien upon the property. The auditor shall place the775
service charges on a special duplicate to be collected as other776
taxes and returned to the township general fund.777

       (2) ContractThe board may contract for the immediate778
acquisition, replacement, or repair of equipment needed for the779
emergency situation, without following the competitive bidding780
requirements of section 5549.21 or any other section of the781
Revised Code.782

       (B) In lieu of collecting service charges from owners for the783
removal of snow or ice from an undedicated road by the board of784
township trustees as provided in division (A)(1) of this section,785
the board may enter into a contract with a developer whereby the786
developer agrees to pay the service charges for the snow and ice787
removal instead of the owners.788

       (C) The removal of snow, ice, debris, or other obstructions789
from an undedicated road by a board of township trustees acting790
pursuant to a resolution adopted under division (A) of this791
section does not constitute approval or acceptance of the792
undedicated road.793

       (C)(D) As used in this section, "undedicated road" means a794
road that has not been approved and accepted by the board of795
county commissioners and is not a part of the state, county, or796
township road systems as provided in section 5535.01 of the797
Revised Code.798

       (D)(E) Nothing in this section shall be construed to waive799
the requirement under section 1517.16 of the Revised Code that800
approval of plans be obtained from the director of natural801
resources or the director's representative prior to modifying or802
causing the modification of the channel of any watercourse in a803
wild, scenic, or recreational river area outside the limits of a804
municipal corporation.805

       Sec. 507.11.  (A) The board of township trustees may806
authorize, by resolution, authorize township officers and807
employees to incur obligations of seventwo thousand five hundred808
fifty dollars or less on behalf of the township, or it may809
authorize, by resolution, the township administrator to so810
authorize township officers and employees. The obligations811
incurred on behalf of the township by a township officer or812
employee acting pursuant to any such resolution shall be813
subsequently approved by the adoption of a formal resolution of814
the board of township trustees.815

       (B) No money belonging to the township shall be paid out,816
except upon an order sign personallysigned by at least two of the817
township trustees, and countersigned by the township clerk.818

       Sec. 517.15. TheA board of township trustees may receive by819
gift, devise, bequest, or otherwise, any money, securities, or820
other property, in trust, as a permanent fund to be held and821
invested by the board and its successors in office, the income822
therefrom to be used and expended under its direction, increate a823
permanent cemetery endowment fund for the purpose of maintaining,824
improving, and beautifying township cemeteries and burial lots in825
township cemeteries. The fund shall consist of money arising from826
the following sources:827

       (A) Gifts, devises, or bequests received for the purpose of828
maintaining, improving, or beautifying township cemeteries;829

       (B) Charges added to the price regularly charged for burial830
lots for the purpose of maintaining, improving, or beautifying831
township cemeteries;832

       (C) Contributions of money from the township general fund;833

       (D) An individual agreement with the purchaser of a burial834
lot providing that a part of the purchase price is to be applied835
to the purpose of maintaining, improving, or beautifying any836
burial lot designated and named by the purchaser;837

       (E) Individual gifts, devises, or bequests made for the care838
maintenance, improvement, and beautifyingbeautification of any839
burial lot designated and named by the person making suchthe840
gift, devise, or bequest, in any township cemetery over which such841
board has jurisdiction.842

       Sec. 5543.10.  (A) The county engineer, upon the order of843
the board of county commissioners or board of township trustees,844
shall construct sidewalks, curbs, or gutters of suitable845
materials, along or connecting the public highways, outside any846
municipal corporation, upon the petition of a majority of the847
abutting property owners, and the. The expense of the construction848
of such sidewalksthese improvements may be paid by the county or849
township, or by the county or township and abutting property850
owners in such proportion as determined by the board of county851
commissioners or board of township trustees. The board of county852
commissioners or board of township trustees may assess part or all853
of the cost of such sidewalksthese improvements against the854
abutting property owners, in proportion to benefits accruing to855
suchtheir property.856

       The board of county commissioners or board of township857
trustees may, by unanimous vote, may order the construction,858
repair, or maintenance of sidewalks, curbs, and gutters along or859
connecting the public highways, outside a municipal corporation,860
without a petition thereforfor that construction, repair, or861
maintenance, and may assess none, all, or any part of the cost862
against abutting property owners, provided that notice is given by863
publication for three successive weeks in a newspaper of general864
circulation within the county, stating the intention of the board865
of county commissioners or board of township trustees to866
construct, repair, or maintain such sidewalks,the specified867
improvements and fixing a date for a hearing on the improvement868
them. As part of thesea sidewalk improvementsimprovement, the869
board may include the repair or reconstruction of a driveway870
within the sidewalk easement. As part of a curb improvement, the871
board may include construction or repair of a driveway apron.872

       Notice to all abutting property owners shall be given by two873
publications in a newspaper of general circulation in suchthe874
county, at least ten days prior to the date fixed in the notice875
for the making of such assessments. SuchThe notice shall state876
the time and place when abutting property owners will be given an877
opportunity to be heard with reference to assessments, and the.878
The board of county commissioners or board of township trustees879
shall determine whether such assessments shall be paid in one or880
more installments.881

       (B) The county engineer may trim or remove any and all882
trees, shrubs, and other vegetation growing in or encroaching onto883
the right-of-way of the easement of a public sidewalk along or884
connecting the public highways and maintained by the county, and885
the board of township trustees may trim or remove any and all886
trees, shrubs, and other vegetation growing in or encroaching onto887
the right-of-way of the easement of a public sidewalk along or888
connecting the public highways and maintained by the township, as889
is necessary in the engineer's or board's judgment to facilitate890
the right of the public to improvement and maintenance of, and891
uninterrupted travel on, public sidewalks in the county or892
township.893

       Sec. 5571.14. Whenever any fence(A) A board of township894
trustees or township highway superintendent may determine that an895
object bounding any public highway,township road and located896
wholly or in part on the land belonging to such highway, in any897
waythe road interferes with snow or ice removal from, the898
maintenance of, or the proper grading, draining, or dragging of899
such highwaythe road, or causes the drifting of snow on the road,900
or in any other manner obstructs or endangers the public travel of901
such highway, the road. The board of township trusteesor902
superintendent then may declare such fencethe object to be a903
public nuisance and order the owner, agent, or occupant of the904
landsland on or bordering upon which such fencethe object is905
maintained, to remove it from such highway within thirty days. If906
suchthat person refuses or neglects to comply with theirthe907
order, the board or superintendent shall have the fenceobject908
removed, and the. The expense incurred in that removal shall be909
certified to the county auditor and entered on the tax duplicate910
against suchthat land, to be collected in the same manner as911
other taxes.912

       (B)(1) The authority granted in this section is in addition913
to the authority granted in section 5543.14 of the Revised Code to914
remove vegetation and the authority granted in section 5547.03 of915
the Revised Code to remove objects or structures constituting916
obstructions.917

        (2) The authority granted in this section applies to land918
belonging to a township road whether owned in fee simple or by919
easement.920

       (3) Objects that may be declared to be a public nuisance921
under this section include a fence, post, pole, athletic or922
recreational apparatus, rock, or berm, any vegetation, or any923
other object identified by the board or superintendent as924
interfering with or obstructing the township road under division925
(A) of this section.926

       (C) The authority granted in this section does not apply to927
an object that is lawfully entitled to be maintained on land928
belonging to a township road pursuant to a franchise or other929
grant of public authority.930

       Sec. 5571.16.  The board of township trustees, by resolution,931
may require any person to obtain a permit before installing a932
driveway culvert or making any excavation in a publictownship933
highway or highway right-of-way within its jurisdiction, except an934
excavation to repair, rehabilitate, or replace a pole already935
installed for the purpose of providing electric or936
telecommunications service. The board may, as a condition to the937
granting of suchthe permit, may do any of the following:938

       (A) Require the applicant to submit plans indicating the939
location, size, type, and duration of the culvert or excavation940
contemplated;941

       (B) Specify methods of excavation, refilling, and942
resurfacing to be followed;943

       (C) Require the use of such warning devices as it deems944
considers necessary to protect travelers on the highway;945

       (D) Require the applicant to indemnify the township against946
liability or damage as the result of suchthe installation of the947
culvert or as a result of the excavation;948

       (E) Require the applicant to post a deposit or bond, with949
sureties to the satisfaction of the board, conditioned upon the950
performance of all conditions to suchin the permit.951

       Applications for permits under this section shall be made to952
the township clerk upon forms to be furnished by the board. Such953
applicationsApplications, including, but not limited to, a single954
application for an excavation project to install six or more poles955
for the purpose of providing electric or telecommunications956
service or to install a pole associated with underground electric957
or telecommunications service, shall be accompanied by a fee of 958
fifty dollars per application, which fee shall be returned to the959
applicant if the application is denied. Except as otherwise960
provided in this section, no application or fee shall be required961
for an excavation project to install five or fewer poles for the962
purpose of providing electric or telecommunications service, but963
the person making that excavation shall provide verifiable notice964
of the excavation to the township clerk at least three business965
days prior to the date of the excavation.966

       No person shall install a driveway culvert or make an967
excavation in any township highway or highway right-of-way in968
violation of any resolution adopted pursuant to this section;,969
except that, in the case of an emergency requiring immediate970
action to protect the public health, safety, and welfare, an971
excavation may be made without first obtaining a permit, if such972
an application is made at the earliest possible opportunity.973

       As used in this section, "person" has the same meaning as in974
section 1.59 of the Revised Code, and "right-of-way" has the same975
meaning as in division (UU)(2) of section 4511.01 of the Revised976
Code.977

       Sec. 5705.13.  (A) A taxing authority of a subdivision, by978
resolution or ordinance, may establish a reserve balance account979
accounts to accumulate currently available resources for any of980
the following purposes:981

       (1) To stabilize subdivision budgets against cyclical982
changes in revenues and expenditures;983

       (2) Except as otherwise provided by this section, to provide984
for the payment of claims under a self-insurance program for the985
subdivision, if the subdivision is permitted by law to establish986
such a program;987

       (3) To provide for the payment of claims under a988
retrospective ratings plan for workers' compensation.989

       The ordinance or resolution establishing a reserve balance990
account shall state the purpose for which the reserve balance991
account is established, the fund in which the account is to be992
established, and the total amount of money to be reserved in the993
account.994

       A subdivision that participates in a risk-sharing pool, by995
which governments pool risks and funds and share in the costs of996
losses, shall not establish a reserve balance account to provide997
self-insurance for the subdivision.998

       A taxing authority of a subdivision shall not have more than999
three reserve balance accounts at any time. Not more than one1000
reserve balance account may be established for each of the1001
purposes permitted under divisions (A)(2) and (3) of this section.1002
Money to the credit of a reserve balance account may be expended1003
only for the purpose for which the account was established.1004

       A reserve balance account established for the purpose1005
described in division (A)(1) of this section shallmay be1006
established in the general fund or in one or more special funds1007
for operating purposes of the subdivision, and the. The amount of1008
money to be reserved in thatsuch an account in any fiscal year1009
shall not exceed five per cent of the general fund revenue for1010
credited in the preceding fiscal year to the fund in which the1011
account is established. Subject to division (G) of section 5705.291012
of the Revised Code, any reserve balance in an account established1013
under division (A)(1) of this section shall not be considered part1014
of the unencumbered balance or revenue of the subdivision under1015
division (A) of section 5705.35 or division (A)(1) of section1016
5705.36 of the Revised Code.1017

       At any time, a taxing authority of a subdivision, by1018
resolution or ordinance, may reduce or eliminate the reserve1019
balance in a reserve balance account established for the purpose1020
described in division (A)(1) of this section.1021

       A reserve balance account established for the purpose1022
described in division (A)(2) or (3) of this section shall be1023
established in the general fund of the subdivision or by the1024
establishment of a separate internal service fund established to1025
account for the operation of the self-insurance or retrospective1026
ratings plan program, and shall be based on sound actuarial1027
principles. The total amount of money in a reserve balance1028
account for self-insurance may be expressed in dollars or as the1029
amount determined to represent an adequate reserve according to1030
sound actuarial principles.1031

       A taxing authority of a subdivision, by resolution or1032
ordinance, may rescind a reserve balance account established under1033
this division. If a reserve balance account is rescinded, money1034
that has accumulated in the account shall be transferred to the1035
fund or funds from which the money originally was transferred.1036

       (B) A taxing authority of a subdivision, by resolution or1037
ordinance, may establish a special revenue fund for the purpose of1038
accumulating resources for the payment of accumulated sick leave1039
and vacation leave, and for payments in lieu of taking1040
compensatory time off, upon the termination of employment or the1041
retirement of officers and employees of the subdivision. The1042
special revenue fund may also accumulate resources for payment of1043
salaries during any fiscal year when the number of pay periods1044
exceeds the usual and customary number of pay periods.1045
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the1046
Revised Code, the taxing authority, by resolution or ordinance,1047
may transfer money to the special revenue fund from any other fund1048
of the subdivision from which such payments may lawfully be made.1049
The taxing authority, by resolution or ordinance, may rescind a1050
special revenue fund established under this division. If a1051
special revenue fund is rescinded, money that has accumulated in1052
the fund shall be transferred to the fund or funds from which the1053
money originally was transferred.1054

       (C) A taxing authority of a subdivision, by resolution or1055
ordinance, may establish a capital projects fund for the purpose1056
of accumulating resources for the acquisition, construction, or1057
improvement of fixed assets of the subdivision. For the purposes1058
of this section, "fixed assets" includes motor vehicles. More1059
than one capital projects fund may be established and may exist at1060
any time. The ordinance or resolution shall identify the source1061
of the money to be used to acquire, construct, or improve the1062
fixed assets identified in the resolution or ordinance, the amount1063
of money to be accumulated for that purpose, the period of time1064
over which that amount is to be accumulated, and the fixed assets1065
that the taxing authority intends to acquire, construct, or1066
improve with the money to be accumulated in the fund.1067

       A taxing authority of a subdivision shall not accumulate1068
money in a capital projects fund for more than fiveten years1069
after the resolution or ordinance establishing the fund is1070
adopted. If the subdivision has not entered into a contract for1071
the acquisition, construction, or improvement of fixed assets for1072
which money was accumulated in such a fund before the end of that1073
five-yearten-year period, the fiscal officer of the subdivision1074
shall transfer all money in the fund to the fund or funds from1075
which that money originally was transferred or the fund that1076
originally was intended to receive the money.1077

       A taxing authority of a subdivision, by resolution or1078
ordinance, may rescind a capital projects fund. If a capital1079
projects fund is rescinded, money that has accumulated in the fund1080
shall be transferred to the fund or funds from which the money1081
originally was transferred.1082

       Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the1083
Revised Code, the taxing authority of a subdivision, by resolution1084
or ordinance, may transfer money to the capital projects fund from1085
any other fund of the subdivision that may lawfully be used for1086
the purpose of acquiring, constructing, or improving the fixed1087
assets identified in the resolution or ordinance.1088

       Sec. 5705.19.  This section does not apply to school1089
districts or county school financing districts.1090

       The taxing authority of any subdivision at any time and in1091
any year, by vote of two-thirds of all the members of the taxing1092
authority, may declare by resolution and certify the resolution to1093
the board of elections not less than seventy-five days before the1094
election upon which it will be voted that the amount of taxes that1095
may be raised within the ten-mill limitation will be insufficient1096
to provide for the necessary requirements of the subdivision and1097
that it is necessary to levy a tax in excess of that limitation1098
for any of the following purposes:1099

       (A) For current expenses of the subdivision, except that the1100
total levy for current expenses of a detention facility district1101
or district organized under section 2151.65 of the Revised Code1102
shall not exceed two mills and that the total levy for current1103
expenses of a combined district organized under sections 2152.411104
and 2151.65 of the Revised Code shall not exceed four mills;1105

       (B) For the payment of debt charges on certain described1106
bonds, notes, or certificates of indebtedness of the subdivision1107
issued subsequent to January 1, 1925;1108

       (C) For the debt charges on all bonds, notes, and1109
certificates of indebtedness issued and authorized to be issued1110
prior to January 1, 1925;1111

       (D) For a public library of, or supported by, the1112
subdivision under whatever law organized or authorized to be1113
supported;1114

       (E) For a municipal university, not to exceed two mills over1115
the limitation of one mill prescribed in section 3349.13 of the1116
Revised Code;1117

       (F) For the construction or acquisition of any specific1118
permanent improvement or class of improvements that the taxing1119
authority of the subdivision may include in a single bond issue;1120

       (G) For the general construction, reconstruction,1121
resurfacing, and repair of streets, roads, and bridges in1122
municipal corporations, counties, or townships;1123

       (H) For parks and recreational purposes;1124

       (I) For the purpose of providing and maintaining fire1125
apparatus, appliances, buildings, or sites therefor, or sources of1126
water supply and materials therefor, or the establishment and1127
maintenance of lines of fire alarm telegraph, or the payment of1128
permanent, part-time, or volunteer firefighters or firefighting1129
companies to operate the same, including the payment of the1130
firefighter employers' contribution required under section 742.341131
of the Revised Code, or the purchase of ambulance equipment, or1132
the provision of ambulance, paramedic, or other emergency medical1133
services operated by a fire department or firefighting company;1134

       (J) For the purpose of providing and maintaining motor1135
vehicles, communications, and other equipment used directly in the1136
operation of a police department, or the payment of salaries of1137
permanent police personnel, including the payment of the police1138
officer employers' contribution required under section 742.33 of1139
the Revised Code, or the payment of the costs incurred by1140
townships as a result of contracts made with other political1141
subdivisions in order to obtain police protection, or the1142
provision of ambulance or emergency medical services operated by a1143
police department;1144

       (K) For the maintenance and operation of a county home or1145
detention facility;1146

       (L) For community mental retardation and developmental1147
disabilities programs and services pursuant to Chapter 5126. of1148
the Revised Code, except that the procedure for such levies shall1149
be as provided in section 5705.222 of the Revised Code;1150

       (M) For regional planning;1151

       (N) For a county's share of the cost of maintaining and1152
operating schools, district detention facilities, forestry camps,1153
or other facilities, or any combination thereof, established under1154
section 2152.41 or 2151.65 of the Revised Code or both of those1155
sections;1156

       (O) For providing for flood defense, providing and1157
maintaining a flood wall or pumps, and other purposes to prevent1158
floods;1159

       (P) For maintaining and operating sewage disposal plants and1160
facilities;1161

       (Q) For the purpose of purchasing, acquiring, constructing,1162
enlarging, improving, equipping, repairing, maintaining, or1163
operating, or any combination of the foregoing, a county transit1164
system pursuant to sections 306.01 to 306.13 of the Revised Code,1165
or of making any payment to a board of county commissioners1166
operating a transit system or a county transit board pursuant to1167
section 306.06 of the Revised Code;1168

       (R) For the subdivision's share of the cost of acquiring or1169
constructing any schools, forestry camps, detention facilities,1170
or other facilities, or any combination thereof, under section1171
2152.41 or 2151.65 of the Revised Code or both of those sections;1172

       (S) For the prevention, control, and abatement of air1173
pollution;1174

       (T) For maintaining and operating cemeteries;1175

       (U) For providing ambulance service, emergency medical1176
service, or both;1177

       (V) For providing for the collection and disposal of garbage1178
or refuse, including yard waste;1179

       (W) For the payment of the police officer employers'1180
contribution or the firefighter employers' contribution required1181
under sections 742.33 and 742.34 of the Revised Code;1182

       (X) For the construction and maintenance of a drainage1183
improvement pursuant to section 6131.52 of the Revised Code;1184

       (Y) For providing or maintaining senior citizens services or1185
facilities as authorized by section 307.694, 307.85, 505.70, or1186
505.706 or division (EE) of section 717.01 of the Revised Code;1187

       (Z) For the provision and maintenance of zoological park1188
services and facilities as authorized under section 307.76 of the1189
Revised Code;1190

       (AA) For the maintenance and operation of a free public1191
museum of art, science, or history;1192

       (BB) For the establishment and operation of a 9-1-1 system,1193
as defined in section 4931.40 of the Revised Code;1194

       (CC) For the purpose of acquiring, rehabilitating, or1195
developing rail property or rail service. As used in this1196
division, "rail property" and "rail service" have the same1197
meanings as in section 4981.01 of the Revised Code. This division1198
applies only to a county, township, or municipal corporation.1199

       (DD) For the purpose of acquiring property for,1200
constructing, operating, and maintaining community centers as1201
provided for in section 755.16 of the Revised Code;1202

       (EE) For the creation and operation of an office or joint1203
office of economic development, for any economic development1204
purpose of the office, and to otherwise provide for the1205
establishment and operation of a program of economic development1206
pursuant to sections 307.07 and 307.64 of the Revised Code;1207

       (FF) For the purpose of acquiring, establishing,1208
constructing, improving, equipping, maintaining, or operating, or1209
any combination of the foregoing, a township airport, landing1210
field, or other air navigation facility pursuant to section 505.151211
of the Revised Code;1212

       (GG) For the payment of costs incurred by a township as a1213
result of a contract made with a county pursuant to section1214
505.263 of the Revised Code in order to pay all or any part of the1215
cost of constructing, maintaining, repairing, or operating a water1216
supply improvement;1217

       (HH) For a board of township trustees to acquire, other than1218
by appropriation, an ownership interest in land, water, or1219
wetlands, or to restore or maintain land, water, or wetlands in1220
which the board has an ownership interest, not for purposes of1221
recreation, but for the purposes of protecting and preserving the1222
natural, scenic, open, or wooded condition of the land, water, or1223
wetlands against modification or encroachment resulting from1224
occupation, development, or other use, which may be styled as1225
protecting or preserving "greenspace" in the resolution, notice of1226
election, or ballot form;1227

       (II) For the support by a county of a crime victim1228
assistance program that is provided and maintained by a county1229
agency or a private, nonprofit corporation or association under1230
section 307.62 of the Revised Code;1231

       (JJ) For any or all of the purposes set forth in divisions1232
(I) and (J) of this section. This division applies only to a1233
township.1234

       (KK) For a countywide public safety communications system1235
under section 307.63 of the Revised Code. This division applies1236
only to counties.1237

       (LL) For the support by a county of criminal justice1238
services under section 307.45 of the Revised Code;1239

       (MM) For the purpose of maintaining and operating a jail or1240
other detention facility as defined in section 2921.01 of the1241
Revised Code;1242

       (NN) For purchasing, maintaining, or improving, or any1243
combination of the foregoing, real estate on which to hold1244
agricultural fairs. This division applies only to a county.1245

       (OO) For constructing, rehabilitating, repairing, or1246
maintaining sidewalks, walkways, trails, bicycle pathways, or1247
similar improvements, or acquiring ownership interests in land1248
necessary for the foregoing improvements;1249

       (PP) For both of the purposes set forth in divisions (G) and1250
(OO) of this section.1251

       (QQ) For both of the purposes set forth in divisions (H) and1252
(HH) of this section. This division applies only to a township.1253

       (RR) For the legislative authority of a municipal1254
corporation, board of county commissioners of a county, or board1255
of township trustees of a township to acquire agricultural1256
easements, as defined in section 5301.67 of the Revised Code, and1257
to supervise and enforce the easements.1258

       (SS) For both of the purposes set forth in divisions (BB)1259
and (KK) of this section. This division applies only to a county.1260

       The resolution shall be confined to the purpose or purposes1261
described in one division of this section, to which the revenue1262
derived therefrom shall be applied. The existence in any other1263
division of this section of authority to levy a tax for any part1264
or all of the same purpose or purposes does not preclude the use1265
of such revenues for any part of the purpose or purposes of the1266
division under which the resolution is adopted.1267

       The resolution shall specify the amount of the increase in1268
rate that it is necessary to levy, the purpose of that increase in1269
rate, and the number of years during which the increase in rate1270
shall be in effect, which may or may not include a levy upon the1271
duplicate of the current year. The number of years may be any1272
number not exceeding five, except as follows:1273

       (1) When the additional rate is for the payment of debt1274
charges, the increased rate shall be for the life of the1275
indebtedness.1276

       (2) When the additional rate is for any of the following,1277
the increased rate shall be for a continuing period of time:1278

       (a) For the current expenses for a detention facility1279
district, a district organized under section 2151.65 of the1280
Revised Code, or a combined district organized under sections1281
2152.41 and 2151.65 of the Revised Code;1282

       (b) For providing a county's share of the cost of1283
maintaining and operating schools, district detention facilities,1284
forestry camps, or other facilities, or any combination thereof,1285
established under section 2152.41 or 2151.65 of the Revised Code1286
or under both of those sections.1287

       (3) When the additional rate is for anyeither of the1288
following, the increased rate may be for a continuing period of1289
time:1290

       (a) For the purposes set forth in division (I), (J), (U), or1291
(KK) of this section;1292

       (b) For the maintenance and operation of a joint recreation1293
district;1294

       (c) A levy imposed by a township for the purposes set forth1295
in division (G) of this section.1296

       (4) When the increase is for the purpose or purposes set1297
forth in division (D), (G), (H), (CC), or (PP) of this section,1298
the tax levy may be for any specified number of years or for a1299
continuing period of time, as set forth in the resolution.1300

       (5) When the additional rate is for the purpose described in1301
division (Z) of this section, the increased rate shall be for any1302
number of years not exceeding ten.1303

       A levy for one of the purposes set forth in division (G),1304
(I), (J), or (U) of this section may be reduced pursuant to1305
section 5705.261 or 5705.31 of the Revised Code. A levy for one1306
of the purposes set forth in division (G), (I), (J), or (U) of1307
this section may also be terminated or permanently reduced by the1308
taxing authority if it adopts a resolution stating that the1309
continuance of the levy is unnecessary and the levy shall be1310
terminated or that the millage is excessive and the levy shall be1311
decreased by a designated amount.1312

       A resolution of a detention facility district, a district1313
organized under section 2151.65 of the Revised Code, or a combined1314
district organized under both sections 2152.41 and 2151.65 of the1315
Revised Code may include both current expenses and other purposes,1316
provided that the resolution shall apportion the annual rate of1317
levy between the current expenses and the other purpose or1318
purposes. The apportionment need not be the same for each year of1319
the levy, but the respective portions of the rate actually levied1320
each year for the current expenses and the other purpose or1321
purposes shall be limited by the apportionment.1322

       Whenever a board of county commissioners, acting either as1323
the taxing authority of its county or as the taxing authority of a1324
sewer district or subdistrict created under Chapter 6117. of the1325
Revised Code, by resolution declares it necessary to levy a tax in1326
excess of the ten-mill limitation for the purpose of constructing,1327
improving, or extending sewage disposal plants or sewage systems,1328
the tax may be in effect for any number of years not exceeding1329
twenty, and the proceeds of the tax, notwithstanding the general1330
provisions of this section, may be used to pay debt charges on any1331
obligations issued and outstanding on behalf of the subdivision1332
for the purposes enumerated in this paragraph, provided that any1333
such obligations have been specifically described in the1334
resolution.1335

       The resolution shall go into immediate effect upon its1336
passage, and no publication of the resolution is necessary other1337
than that provided for in the notice of election.1338

       When the electors of a subdivision have approved a tax levy1339
under this section, the taxing authority of the subdivision may1340
anticipate a fraction of the proceeds of the levy and issue1341
anticipation notes in accordance with section 5705.191 or 5705.1931342
of the Revised Code.1343

       Section 2. That existing sections 124.23, 124.27, 133.01,1344
505.10, 505.82, 507.11, 517.15, 5543.10, 5571.14, 5571.16,1345
5705.13, and 5705.19 and sections 517.16, 517.17, and 517.18 of1346
the Revised Code are hereby repealed.1347