Sec. 3318.05. The conditional approval of the Ohio school | 8 |
facilities commission
for a project shall lapse and the amount | 9 |
reserved
and encumbered for such project shall be released unless | 10 |
the school district board accepts such conditional approval within | 11 |
one
hundred twenty days following the date of certification of
the | 12 |
conditional approval to the school district board and the electors | 13 |
of the
school district vote favorably
on both of the propositions | 14 |
described in divisions
(A) and (B) of this section
within one year | 15 |
of the date of such certification, except that a
school district | 16 |
described in division (C) of this section does not
need to submit | 17 |
the proposition described in division (B) of this
section. The | 18 |
propositions
described in divisions (A) and (B) of this section | 19 |
shall be combined in a single proposal. If the
district board or | 20 |
the district's electors fail to meet such requirements
and the | 21 |
amount reserved and encumbered for the district's project is | 22 |
released, the district shall be given first priority for project | 23 |
funding as
such funds become available. | 24 |
(C) If a school district has in place a tax levied under | 39 |
section
5705.21 of the Revised Code for general ongoing permanent | 40 |
improvements
and the
proceeds of such tax can be used for | 41 |
maintenance, the
school district need not
levy
the additional tax | 42 |
required under
division (B) of this section,
provided the school | 43 |
district board
includes in the agreement entered into
under | 44 |
section 3318.08 of
the Revised Code provisions earmarking an | 45 |
amount from the
proceeds
of that
permanent improvement tax for | 46 |
maintenance of classroom
facilities
equivalent to the amount of | 47 |
the additional tax and for
the
equivalent number of years | 48 |
otherwise required under this
section. | 49 |
Sec. 3318.052. At any time after the electors of a school | 54 |
district have approved either or both a property tax levied under | 55 |
section 5705.21 or 5705.218 of the Revised Code for the purpose of | 56 |
general ongoing permanent improvements or a school district income | 57 |
tax levied under Chapter 5748. of the Revised Code, the proceeds | 58 |
of
which, pursuant to the ballot measures approved by the | 59 |
electors, are not so restricted that they cannot be used to pay | 60 |
the costs of a project or
maintaining classroom facilities, the | 61 |
school district board may: | 62 |
(B) Receive, as a credit against the amount of bonds
required | 82 |
under sections 3318.05 and 3318.06 of the Revised Code,
to be | 83 |
approved by the electors of the district and issued by the | 84 |
district board for the district's portion of the basic project | 85 |
cost of its classroom facilities project in order for the district | 86 |
to receive state assistance for the project, an amount equal to | 87 |
the specified amount that the district board covenants and agrees | 88 |
with the commission to apply as set forth in division (A)(1) of | 89 |
this section; | 90 |
(C) Receive, as a credit against the amount of the tax levy | 91 |
required under sections 3318.05 and 3318.06 of the Revised Code, | 92 |
to be approved by the electors of the district to pay the costs of | 93 |
maintaining the classroom facilities in order to receive state | 94 |
assistance for the classroom facilities project, an amount | 95 |
equivalent to the specified amount of proceeds the school district | 96 |
board covenants and agrees with the commission to apply as | 97 |
referred to in division (A)(2) of this section; | 98 |
(E) Issue securities to provide moneys to pay all or part of | 105 |
the district's portion of the basic project cost of its classroom | 106 |
facilities project in accordance with an agreement entered into | 107 |
under division (A) of this section. Securities issued under this | 108 |
section shall be Chapter 133. securities and may be issued as | 109 |
general obligation securities or issued in anticipation of a | 110 |
school district income tax or as property tax anticipation notes | 111 |
under section 133.24 of the Revised Code. The district board's | 112 |
resolution authorizing the issuance and sale of general obligation | 113 |
securities under this section shall conform to the applicable | 114 |
requirements of section 133.22 or 133.23 of the Revised Code. | 115 |
Securities issued under this section shall have principal payments | 116 |
during each year after the year of issuance over a period of not | 117 |
more than twenty-three years and, if so determined by the district | 118 |
board, during the year of issuance. Securities issued under this | 119 |
section shall not be included in the calculation of net | 120 |
indebtedness of the district under section 133.06 of the Revised | 121 |
Code, if the resolution of the district board authorizing their | 122 |
issuance and sale includes covenants to appropriate annually from | 123 |
lawfully available proceeds of a property tax levied under section | 124 |
5705.21 or 5705.218 of the Revised Code or of a school district | 125 |
income tax levied under Chapter 5748. of the Revised Code and to | 126 |
continue to levy and collect the tax in amounts necessary to pay | 127 |
the debt charges on and financing costs related to the securities | 128 |
as they become due. No property tax levied under section 5705.21 | 129 |
or 5705.218 of the Revised Code and no school district income tax | 130 |
levied under Chapter 5748. of the Revised Code that is pledged, or | 131 |
that the school district board has covenanted to levy, collect, | 132 |
and appropriate annually, to pay the debt charges on and financing | 133 |
costs related to securities issued under this section shall be | 134 |
repealed while those securities are outstanding. If such a tax is | 135 |
reduced by the electors of the district or by the district board | 136 |
while those securities are outstanding, the school district board | 137 |
shall continue to levy and collect the tax under the authority of | 138 |
the original election authorizing the tax at a rate in each year | 139 |
that the board reasonably estimates will produce an amount in that | 140 |
year equal to the debt charges on the securities in that year, | 141 |
except that in the case of a school district income tax that | 142 |
amount shall be rounded up to the nearest one-fourth of one per | 143 |
cent. | 144 |
Sec. 3318.08.
Except in the case of a joint vocational | 151 |
school district that receives assistance under sections 3318.40 to | 152 |
3318.45 of the Revised Code, if the requisite favorable vote on | 153 |
the
election is obtained, or if the school district board has | 154 |
resolved
to apply
the proceeds of a property tax levy or the | 155 |
proceeds of an
income tax, or a combination of proceeds from such | 156 |
taxes, as
authorized in
section 3318.052 of the Revised Code, the | 157 |
Ohio
school facilities commission, upon
certification to it of | 158 |
either
the results of the election or
the resolution under section | 159 |
3318.052 of the Revised Code, shall enter
into a written agreement | 160 |
with the school district board for the
construction and sale of | 161 |
the project. In the case of a joint vocational school
district | 162 |
that receives assistance under sections 3318.40 to
3318.45 of the | 163 |
Revised Code, if the school district board of
education and the | 164 |
school district electors have satisfied the
conditions prescribed | 165 |
in division (D)(1) of section 3318.41 of the
Revised Code, the | 166 |
commission shall enter into an agreement with
the school district | 167 |
board for the construction and sale of the
project. In either | 168 |
case, the agreement shall
include, but need not
be
limited to, the | 169 |
following provisions: | 170 |
(A) The sale and issuance of bonds or notes in
anticipation | 171 |
thereof, as soon as practicable after the execution
of the | 172 |
agreement, in an amount equal to the
school district's portion of | 173 |
the basic
project cost, including any securities
authorized under | 174 |
division (J) of
section 133.06 of the Revised
Code and dedicated | 175 |
by the school
district board to payment of the
district's portion | 176 |
of the basic
project cost of the project; provided, that if at | 177 |
that time the
county treasurer
of each
county in which the school | 178 |
district is
located has not
commenced
the collection of taxes on | 179 |
the general
duplicate of real
and
public utility property for the | 180 |
year in
which the
controlling
board approved the project, the | 181 |
school
district board
shall
authorize the issuance of a first | 182 |
installment
of bond
anticipation
notes in an amount specified by | 183 |
the
agreement, which
amount shall
not exceed an amount necessary | 184 |
to
raise the net
bonded
indebtedness of the school district as of | 185 |
the
date of
the
controlling board's approval to within
five | 186 |
thousand
dollars of
the
required level of indebtedness for the | 187 |
preceding
year. In the
event that a first installment of bond | 188 |
anticipation
notes is
issued, the school district board shall, as | 189 |
soon as
practicable
after the county treasurer of each county in | 190 |
which the
school
district is located has commenced the collection | 191 |
of taxes
on the
general duplicate of real and public utility | 192 |
property for
the
year
in which the controlling board approved the | 193 |
project,
authorize the
issuance of a second and
final installment | 194 |
of bond
anticipation
notes or a first and final
issue of bonds. | 195 |
The combined value of the first and second
installment of | 196 |
bond anticipation notes or the value of the first
and final issue | 197 |
of bonds shall be equal to the
school district's portion of the | 198 |
basic project cost. The proceeds of any such bonds shall be used | 199 |
first
to
retire any bond anticipation notes. Otherwise, the | 200 |
proceeds of
such bonds and of any bond anticipation notes, except | 201 |
the premium
and accrued interest thereon, shall be deposited in | 202 |
the school
district's project construction fund. In determining | 203 |
the amount
of net bonded indebtedness for the purpose of fixing | 204 |
the amount of an
issue of either bonds or bond anticipation notes, | 205 |
gross
indebtedness shall be reduced by moneys in the bond | 206 |
retirement
fund only to the extent of the moneys therein on the | 207 |
first day of
the year preceding the year in which the controlling | 208 |
board approved the
project. Should there be
a decrease in the tax | 209 |
valuation of
the school district so that the amount of | 210 |
indebtedness
that can
be incurred on the tax duplicates for the | 211 |
year in which the
controlling board approved the project is
less | 212 |
than the amount of the first installment of bond
anticipation | 213 |
notes, there shall be paid from the school
district's project | 214 |
construction fund to the school
district's
bond retirement fund to | 215 |
be applied against such notes an amount
sufficient to cause the | 216 |
net bonded indebtedness of the school district,
as of the first | 217 |
day of the year following the year in which the
controlling board | 218 |
approved the project,
to be within five thousand dollars of the | 219 |
required level of
indebtedness for the year in which the | 220 |
controlling board approved the project. The
maximum
amount of | 221 |
indebtedness to be incurred by any school
district board as its | 222 |
share of the cost of the project is either
an amount that will | 223 |
cause its net bonded
indebtedness, as of the first
day of the year | 224 |
following the year in which the controlling board
approved the | 225 |
project, to be
within five thousand dollars of the required level | 226 |
of
indebtedness,
or
an amount equal to the required percentage of | 227 |
the basic project costs,
whichever is greater. All bonds and bond | 228 |
anticipation notes
shall be issued in accordance with Chapter 133. | 229 |
of the Revised
Code, and notes may be renewed as provided in | 230 |
section 133.22 of
the Revised Code. | 231 |
(1) If section 3318.052 of the Revised Code applies, the | 241 |
earmarking of the
proceeds of a tax levied under section 5705.21 | 242 |
of the Revised Code for general
ongoing permanent improvements
or | 243 |
under
section 5705.218 of the Revised Code for the purpose of | 244 |
permanent
improvements, or
the proceeds of a school district | 245 |
income tax
levied under Chapter
5748. of the Revised Code, or the | 246 |
proceeds
from a
combination of
those two taxes, in an amount to | 247 |
pay all or
part of the service
charges on bonds issued to pay the | 248 |
school
district portion of the
project and
an amount equivalent to | 249 |
all or
part of the tax
required under division
(B) of
section | 250 |
3318.05 of
the Revised
Code; | 251 |
(R)(1) For all school districts except
a district
undertaking | 322 |
a
project under section 3318.38 of the Revised Code
or
a joint | 323 |
vocational school district undertaking a project under
sections | 324 |
3318.40 to 3318.45 of the Revised Code,
provision
that
all
state | 325 |
funds reserved and
encumbered
to pay
the state
share of
the cost | 326 |
of the project
pursuant to
section
3318.03 of
the
Revised
Code be | 327 |
spent on the
construction
or
acquisition of
the project
prior to | 328 |
the
expenditure of any
funds
provided by the
school
district to | 329 |
pay
for its share of the
project cost, unless
the
school district | 330 |
certifies to the
commission that expenditure
by
the school | 331 |
district is
necessary to
maintain the tax-exempt
status
of notes | 332 |
or bonds issued by the
school district to pay for
its
share of the | 333 |
project cost
or to
comply with applicable
temporary
investment | 334 |
periods or spending
exceptions to rebate as
provided
for under | 335 |
federal law in regard
to those notes or bonds,
in which
cases, the | 336 |
school district
may commit to
spend, or
spend, a
portion
of the | 337 |
funds it
provides; | 338 |
(2) For
a school
district undertaking a project
under section | 339 |
3318.38 of the Revised Code
or a joint vocational
school district | 340 |
undertaking a project under sections 3318.40 to
3318.45 of the | 341 |
Revised Code, provision that the state funds
reserved and | 342 |
encumbered and the funds provided by the school
district to pay | 343 |
the basic project cost of any segment of the
project, or of the | 344 |
entire project if it is not divided into
segments, be spent on the | 345 |
construction and acquisition of the
project simultaneously in | 346 |
proportion to the state's and the school
district's respective | 347 |
shares of that basic project cost as
determined under section | 348 |
3318.032 of the Revised Code
or, if the
district is a joint | 349 |
vocational school district, under section
3318.42 of the Revised | 350 |
Code. | 351 |
(T) A provision stipulating that, unless otherwise
authorized | 358 |
by the commission, any contingency
reserve portion of
the | 359 |
construction budget prescribed by the
commission shall be used | 360 |
only to pay costs resulting from
unforeseen job conditions, to | 361 |
comply with rulings regarding
building and other codes, to pay | 362 |
costs related to design
clarifications or corrections to contract | 363 |
documents, and to pay
the costs of settlements or judgments | 364 |
related to the project as
provided under section 3318.086 of the | 365 |
Revised Code; | 366 |
(B) By resolution adopted by a majority of all its members,
a | 391 |
school district board in order to pay all or part of the school | 392 |
district's portion of its basic project cost may apply the | 393 |
proceeds of a tax levied under section 5705.21 of the Revised Code | 394 |
to general ongoing permanent improvements if the proceeds of that | 395 |
levy lawfully may be used for general construction, renovation, | 396 |
repair, or maintenance of classroom facilities to leverage bonds | 397 |
adequate to pay all or part of the school district portion of the | 398 |
basic project cost of the school district's project under sections | 399 |
3318.40 to 3318.45 of the Revised Code or to generate an amount | 400 |
equivalent to all or part of the amount required under section | 401 |
3318.43 of the Revised Code to be used for maintenance of | 402 |
classroom facilities acquired under the project. Bonds issued | 403 |
under this division shall be Chapter 133. securities, but the | 404 |
issuance of the bonds shall not be subject to a vote of the | 405 |
electors of the school district as long as the tax proceeds | 406 |
earmarked for payment of the service charges on the bonds may | 407 |
lawfully be used for that purpose. | 408 |
Any question described in divisions (C)(1) to (3) of this | 424 |
section that is combined with a question proposed under section | 425 |
3318.45 of the Revised Code shall be for the purpose of either | 426 |
paying for any permanent improvement, as defined in section 133.01 | 427 |
of the Revised Code, or generating operating revenue specifically | 428 |
for the facilities acquired under the school district's project | 429 |
under Chapter 3318. of the Revised Code or for both to the extent | 430 |
such purposes are permitted by the sections of law under which | 431 |
each is proposed. | 432 |
Sec. 5705.21. (A) At any time the board of education of
any | 437 |
city, local, exempted village, cooperative education, or
joint | 438 |
vocational school district by a vote of two-thirds of all
its | 439 |
members may declare by resolution that the amount of taxes
which | 440 |
may be raised within the ten-mill limitation by levies on
the | 441 |
current tax duplicate will be insufficient to provide an
adequate | 442 |
amount for the necessary requirements of the school
district, that | 443 |
it is necessary to levy a tax in excess of such
limitation for one | 444 |
of the purposes specified in division (A),
(D), (F), (H), or (DD) | 445 |
of section 5705.19 of the Revised Code,
for general, on-going | 446 |
permanent improvements, for the
purpose
of operating a cultural | 447 |
center, or for the purpose of
providing education technology, and | 448 |
that the question
of such
additional tax levy shall be submitted | 449 |
to the electors of the
school district at a special election on a | 450 |
day to be specified in
the resolution. | 451 |
(B) Such resolution shall be confined to a single purpose
and | 463 |
shall specify the amount of the increase in rate that it is | 464 |
necessary to levy, the purpose of the levy, and the
number of | 465 |
years
during which the increase in rate shall be in effect. The | 466 |
number
of years may be any number not exceeding five or, if the | 467 |
levy is
for current expenses of the district or for general, | 468 |
on-going
permanent improvements, for a continuing period of time. | 469 |
The
resolution shall specify the date of holding such election, | 470 |
which
shall not be earlier than seventy-five days after the | 471 |
adoption
and certification of the resolution and which shall be | 472 |
consistent with the requirements of section 3501.01 of the
Revised | 473 |
Code. The resolution may propose to renew one or more existing | 474 |
levies imposed under this section or to increase or decrease a | 475 |
single levy
imposed under this section. | 476 |
The resolution shall go into immediate effect upon
its | 485 |
passage, and no publication of the resolution shall be
necessary | 486 |
other than that provided for in the notice of election. A copy of | 487 |
the resolution shall immediately after its
passing be
certified to | 488 |
the board of elections of the proper county in the
manner provided | 489 |
by section 5705.25 of the Revised Code, and that
section shall | 490 |
govern the arrangements for the submission of such
question and | 491 |
other matters concerning such election, to which
that section | 492 |
refers, except that such election shall be held on
the date | 493 |
specified in the resolution. Publication of notice of
such | 494 |
election shall be made in one or more newspapers of general | 495 |
circulation in the county once a week for four consecutive weeks. | 496 |
If a majority of the electors voting on the question so submitted | 497 |
in an election vote in favor of the levy, the board of education | 498 |
may make the necessary levy within the school district
at the | 499 |
additional rate, or at any lesser rate in excess of the
ten-mill | 500 |
limitation on the tax list, for the purpose stated in
the | 501 |
resolution. A levy for a continuing period of time may be
reduced | 502 |
pursuant to section 5705.261 of the Revised Code.
The tax levy | 503 |
shall be included in the next tax budget that is
certified to the | 504 |
county budget commission. | 505 |
(C)(1) After the approval of a levy on the current tax
list | 506 |
and duplicate for current expenses, for recreational
purposes, for | 507 |
community centers provided for in section 755.16 of
the Revised | 508 |
Code, or for a public library of the district and
prior to the | 509 |
time when the first tax collection from the
levy
can be made, the | 510 |
board of education may anticipate a fraction of
the proceeds of | 511 |
the levy and issue anticipation notes in a
principal amount not | 512 |
exceeding fifty per cent of the total
estimated proceeds of the | 513 |
levy to be collected during the first
year of the levy. | 514 |