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To enact sections 730.01 to 730.12, 3310.70 to | 1 |
3310.79, and 5709.45 of the Revised Code to permit | 2 |
the creation of urban homestead zones in cities to | 3 |
encourage the repopulation of certain city cores, | 4 |
to create a state urban homestead scholarship | 5 |
program, and to require tax increment financing in | 6 |
urban homestead zones that participate in the | 7 |
scholarship program to help fund the program. | 8 |
Section 1. That sections 730.01, 730.02, 730.03, 730.04, | 9 |
730.05, 730.06, 730.07, 730.08, 730.09, 730.10, 730.11, 730.12, | 10 |
3310.70, 3310.71, 3310.72, 3310.73, 3310.74, 3310.75, 3310.76, | 11 |
3310.77, 3310.78, 3310.79, and 5709.45 of the Revised Code be | 12 |
enacted to read as follows: | 13 |
Sec. 730.01. As used in this chapter, "property owner" means | 14 |
an owner of a single parcel of real property, and refers | 15 |
collectively to all persons with a joint or common ownership | 16 |
interest in a single parcel of real property. | 17 |
Sec. 730.02. (A) An urban homestead zone may be created | 18 |
within the boundaries of a city for the purpose of encouraging | 19 |
repopulation of the area within the city's urban core. | 20 |
(B) An "urban homestead zone" shall meet all the following | 21 |
criteria: | 22 |
(1) The zone is contiguous and its shape cannot be | 23 |
characterized as being merely a strip or corridor or as resembling | 24 |
in shape a shoestring or a balloon on a string; | 25 |
(2) The size of the zone is at least ten acres but not more | 26 |
than one hundred fifty acres; | 27 |
(3) The zone does not divide any voting precincts; | 28 |
(4) At least eighty-five per cent of the area in the zone is | 29 |
zoned for residential use; | 30 |
(5) The zone includes at least sixteen parcels of real | 31 |
property; and | 32 |
(6) At the time the zone is proposed, all the following apply | 33 |
to the zone: | 34 |
(a) Its population has decreased by at least ten per cent in | 35 |
the period between the two most recent federal decennial censuses, | 36 |
as reflected in data gathered for those censuses; | 37 |
(b) Its rate of poverty exceeds the rate of poverty of the | 38 |
city in which the zone is located by at least ten per cent, as | 39 |
reflected in data gathered for the most recent federal decennial | 40 |
census; and | 41 |
(c) Its homeownership rate has decreased by at least ten per | 42 |
cent in the period between the two most recent federal decennial | 43 |
censuses, as reflected in data gathered for those censuses. | 44 |
(C) More than one urban homestead zone may be created within | 45 |
a city so long as not more than one hundred fifty acres of the | 46 |
city in total are within an urban homestead zone at any time. A | 47 |
parcel of real property may not be included within more than one | 48 |
urban homestead zone at a time. | 49 |
(D) Urban homestead zones are not political subdivisions of | 50 |
the state or state agencies, but are subject to sections 121.22 | 51 |
and 121.23 of the Revised Code as if they were political | 52 |
subdivisions or state agencies. | 53 |
Sec. 730.03. (A) An urban homestead zone shall be organized | 54 |
as a nonprofit corporation under Chapter 1702. of the Revised | 55 |
Code, except as otherwise provided in this chapter. In addition to | 56 |
meeting the requirements for articles of incorporation set forth | 57 |
in Chapter 1702. of the Revised Code, the articles of | 58 |
incorporation of an urban homestead zone shall include all the | 59 |
following: | 60 |
(1) The name of the zone, which shall include the phrase "of | 61 |
the city of" immediately followed by the name of the city in which | 62 |
the zone is located; | 63 |
(2) A description of the boundaries of, and of the area | 64 |
within, the zone that is sufficiently specific to enable real | 65 |
property owners to determine if their property is located within | 66 |
the zone; | 67 |
(3) A description of the procedure by which the articles of | 68 |
incorporation may be amended; | 69 |
(4) The method by which notice of meetings of the membership | 70 |
of the zone is to be given and the method by which the membership | 71 |
of the zone may vote; and | 72 |
(5) The purposes for which the zone is being created, which, | 73 |
for zones located within a big eight school district, shall | 74 |
include an opportunity for qualified homeowners to participate in | 75 |
the urban homestead scholarship program under sections 3310.70 to | 76 |
3310.79 of the Revised Code. | 77 |
The procedure by which the articles of incorporation may be | 78 |
amended shall require that the amendment be approved by the city's | 79 |
legislative authority by resolution, and that the approved | 80 |
amendment and resolution be filed with the secretary of state and | 81 |
the department of development. | 82 |
(B)(1) The articles of incorporation shall be submitted to | 83 |
the legislative authority of the city in which the proposed urban | 84 |
homestead zone is to be located, and shall be accompanied by a | 85 |
petition signed by at least fifty per cent of the property owners | 86 |
within the proposed urban homestead zone, including at least | 87 |
twenty-five per cent of the property owners in the proposed urban | 88 |
homestead zone who also are electors in the proposed zone. A | 89 |
petition is not valid unless it has at least eight petitioners. | 90 |
(2) The legislative authority shall send the petition and the | 91 |
articles of incorporation to the department of development. The | 92 |
director of development, within sixty days after receiving the | 93 |
petition and articles, shall determine whether the proposed urban | 94 |
homestead zone meets the criteria to be an urban homestead zone | 95 |
and shall return to the city's legislative authority the petition, | 96 |
the articles of incorporation, and the director's written | 97 |
determination that the area meets those criteria or, if it does | 98 |
not, which of the criteria are not met. | 99 |
(3) If the director of development determines that one or | 100 |
more of the criteria have not been met, the city's legislative | 101 |
authority shall inform the petitioners. If the director determines | 102 |
that the criteria have been met, the legislative authority shall | 103 |
determine if the proposed urban homestead zone meets the criterion | 104 |
to be an urban homestead zone stated in division (B)(6)(c) of | 105 |
section 730.02 of the Revised Code and if, with its creation, not | 106 |
more than one hundred fifty acres of the city would be within an | 107 |
urban homestead zone. If the legislative authority determines that | 108 |
that criterion has been met and that that limitation has been | 109 |
satisfied, the legislative authority, by resolution, shall approve | 110 |
or deny the petition, including the associated articles of | 111 |
incorporation. If the zone is approved and located within a big | 112 |
eight school district as described in section 3314.02 of the | 113 |
Revised Code, the legislative authority also shall provide for | 114 |
payments in lieu of taxes as provided in section 5709.45 of the | 115 |
Revised Code. If the zone is approved, a copy of the resolution | 116 |
approving the zone and the articles of incorporation shall be | 117 |
filed with the secretary of state and the department of | 118 |
development. | 119 |
Sec. 730.04. The governing body of an urban homestead zone | 120 |
is the board of directors of the nonprofit corporation. The board | 121 |
shall consist of at least five directors. One director shall be | 122 |
appointed by the city's legislative authority. The other directors | 123 |
shall be elected at a meeting of the entire membership of the | 124 |
urban homestead zone. All subsequent elections of these directors | 125 |
shall be held at a November meeting of the membership. | 126 |
Membership on the board of directors shall not be considered | 127 |
holding a public office. The directors and their proxies are | 128 |
entitled to the immunities provided by Chapter 1702. of the | 129 |
Revised Code for directors of a nonprofit corporation, unless a | 130 |
director or proxy is an employee or official of the city and is | 131 |
acting on the board within the scope of the employee's or | 132 |
official's employment or official responsibilities. Such a | 133 |
director or proxy is entitled to the same immunity as an employee | 134 |
under division (A)(6) of section 2744.03 of the Revised Code. | 135 |
The board shall elect its chairperson, vice-chairperson, | 136 |
secretary, and treasurer. These officers serve at the board's | 137 |
pleasure. A director may be elected to more than one office, | 138 |
except that the director elected as treasurer shall not be elected | 139 |
to any other office. | 140 |
Sec. 730.05. At its first meeting, the board of directors | 141 |
shall prepare and adopt a general plan for the urban homestead | 142 |
zone, which may include any or all of the following: | 143 |
(A) Adoption of a security guard force as provided in section | 144 |
730.09 of the Revised Code; | 145 |
(B) Election of an ombudsperson to act as a liaison between | 146 |
the city's zoning inspector and the residents and property owners | 147 |
in the zone on issues related to zoning, building, and other | 148 |
related regulations in the zone; | 149 |
(C) Organization of festivals, concerts, or other | 150 |
community-related events to promote the zone and provide | 151 |
activities that benefit the zone's residents; or | 152 |
(D) Within the zone, if applicable, promotion of and support | 153 |
for the urban homestead scholarship program established in | 154 |
sections 3310.70 to 3310.79 of the Revised Code, including | 155 |
application assistance for qualified homeowners of the zone. | 156 |
The board of directors may amend the general plan. | 157 |
Sec. 730.06. (A) All records of an urban homestead zone are, | 158 |
and shall be treated as, public records under section 149.43 of | 159 |
the Revised Code, except that records of organizations contracting | 160 |
with a zone shall not be considered to be public records under | 161 |
section 149.43 or 149.431 of the Revised Code solely because of | 162 |
the contract with the zone. | 163 |
(B) The board of directors of an urban homestead zone shall | 164 |
adopt rules prescribing competitive bidding procedures for | 165 |
contracts it awards. The rules shall require advertising for bids | 166 |
and specify the bidding procedures to be followed, and may specify | 167 |
conditions under which competitive bidding is not required and | 168 |
other conditions, such as establishing a dollar limit per contract | 169 |
or specifying particular parties to a contract. The procedures may | 170 |
differ from competitive bidding procedures applicable to the city | 171 |
in which the zone is located. | 172 |
Sec. 730.07. By the first day of March each year, the | 173 |
treasurer of the board of directors of an urban homestead zone | 174 |
shall submit a report of the zone's activities and financial | 175 |
condition for the previous year to each member of the zone and to | 176 |
the legislative authority of the city. | 177 |
Sec. 730.08. (A) Each property owner within an urban | 178 |
homestead zone is a member of the zone. The identity and address | 179 |
of the owners shall be determined for any particular action of the | 180 |
nonprofit corporation that governs the zone, including notice of | 181 |
meetings of the entire membership of the zone, not more than sixty | 182 |
days before the date of the action, from the most current records | 183 |
available at the county auditor's office. | 184 |
(B) Notice of the time, date, and place, and of the agenda | 185 |
for, any meeting of the board of directors of an urban homestead | 186 |
zone shall be given to each director by written notice sent by | 187 |
certified mail or personal service, or by text message transmitted | 188 |
by electronic device. If possible, the notice shall be transmitted | 189 |
at least one week before the meeting. | 190 |
The board shall act by a majority vote of those present at | 191 |
any meeting of which proper notice has been transmitted. | 192 |
(C) A director or a member of the zone may appoint a proxy to | 193 |
carry out the director's or member's rights and responsibilities | 194 |
under this chapter at a meeting of the entire membership of the | 195 |
urban homestead zone by filing a written proxy form with the | 196 |
secretary of the board of directors at least three days before the | 197 |
meeting. The form shall include the name and address of the | 198 |
director or member, the name and address of the proxy, and the | 199 |
date of the meeting at which the proxy may carry out the rights | 200 |
and responsibilities of the director or member. | 201 |
A member of the zone also may appoint a designee to carry out | 202 |
the member's rights and responsibilities under this chapter by | 203 |
filing a written designation form with the secretary of the board | 204 |
of directors. The designation form shall include the name and | 205 |
address of the member, the name and address of the designee, and | 206 |
the expiration date, if any, of the designation, and may authorize | 207 |
the designee to vote at any zone meeting. | 208 |
A proxy or designee need not be an elector or resident of the | 209 |
urban homestead zone or the city. The appointment of a proxy or | 210 |
designee may be changed by filing a new form with the secretary of | 211 |
the board of directors. The most current form filed with the | 212 |
secretary is the valid appointment. Transmittal of any notice to a | 213 |
proxy or designee at the proxy's or designee's address as shown on | 214 |
that form satisfies any requirements for notification of the | 215 |
director or member of the zone. | 216 |
Sec. 730.09. (A) The board of directors of an urban | 217 |
homestead zone may adopt a written plan for a security guard force | 218 |
for the zone. Each plan shall include all of the following: | 219 |
(1) Specific requirements for and functions of the force; | 220 |
(2) A method of assessment to be used to pay for the force | 221 |
and the period of time the assessments are to be levied; and | 222 |
(3) The period of time that the force is to provide services. | 223 |
(B) When the board of directors adopts a security guard plan, | 224 |
it shall submit the plan to the legislative authority of the city | 225 |
for review. Within sixty days after the date the plan is submitted | 226 |
to the legislative authority, the legislative authority may submit | 227 |
to the board of directors its comments and recommendations on the | 228 |
plan. After reviewing the comments and recommendations, the board | 229 |
of directors may amend the plan. | 230 |
The board of directors next shall submit the plan, whether | 231 |
amended or not, in the form of a petition to the members of the | 232 |
urban homestead zone. Once the petition is signed by a majority of | 233 |
the members, it shall be submitted to the legislative authority | 234 |
for approval. | 235 |
The legislative authority, by resolution, shall approve or | 236 |
reject a submitted petition within sixty days after receiving it. | 237 |
If the petition is approved, the plan shall be effective at the | 238 |
earliest date on which a nonemergency resolution or ordinance of | 239 |
the legislative authority may become effective. | 240 |
(C) When a security guard plan is in effect, the city's | 241 |
legislative authority shall levy, by special assessment upon all | 242 |
members of the urban homestead zone, the costs of the plan in | 243 |
accordance with the procedures set forth in Chapter 727. of the | 244 |
Revised Code, except that the assessment may be levied only by one | 245 |
or both of the methods listed in divisions (A) and (B) of section | 246 |
727.01 of the Revised Code. Property owners assessed under this | 247 |
section are entitled to all the rights and privileges of property | 248 |
owners assessed under Chapter 727. of the Revised Code, including | 249 |
the rights and privileges specified in sections 727.15 to 727.17 | 250 |
and 727.18 to 727.22 of the Revised Code and the right to notice | 251 |
of the resolution of necessity and the filing of the estimated | 252 |
assessment under section 727.13 of the Revised Code. The | 253 |
legislative authority shall notify the tax commissioner of any | 254 |
assessments. | 255 |
The costs of a security guard plan may include any or all of | 256 |
the following: | 257 |
(1) The cost of creating and operating the urban homestead | 258 |
zone under this chapter, including creating and operating the | 259 |
nonprofit corporation governing the zone, hiring employees and | 260 |
professional services, contracting for insurance, and purchasing | 261 |
or leasing office space or office equipment; | 262 |
(2) The cost of planning and implementing the plan, including | 263 |
payment of legal, insurance, and planning fees and expenses; | 264 |
(3) Court costs incurred by the zone in implementing the | 265 |
plan; and | 266 |
(4) Damages resulting from implementing the plan. | 267 |
Sec. 730.10. An owner of a fee interest in real property | 268 |
located within an urban homestead zone who enters into a contract | 269 |
to transfer the interest shall give to the transferee within the | 270 |
specified period of time all of the following: | 271 |
(A) Within five days after entering into the contract, any | 272 |
notice for special assessments under this chapter that the owner | 273 |
received within ninety days before entering into the contract; | 274 |
(B) Within five days after its receipt, each notice for | 275 |
special assessments under this chapter that the owner receives | 276 |
after entering into the contract and until it is completely | 277 |
performed or terminates; and | 278 |
(C) Within five days after entering into the contract, when | 279 |
applicable, notice that resident owners may qualify to participate | 280 |
in the urban homestead scholarship program. | 281 |
Sec. 730.11. (A) After twenty years of existence, an urban | 282 |
homestead zone is dissolved. | 283 |
(B) An urban homestead zone may be dissolved before twenty | 284 |
years have expired. The dissolution shall be initiated by a | 285 |
petition that is signed by members of the urban homestead zone who | 286 |
own at least twenty per cent of the real property located in the | 287 |
zone. The petition shall be filed with the legislative authority | 288 |
of the city. Not later than forty-five days after the petition is | 289 |
filed, the members of the zone shall meet to consider the | 290 |
petition. Notice of the meeting shall be given as provided in | 291 |
division (B) of section 730.08 of the Revised Code. Upon the | 292 |
affirmative vote at the meeting of members who collectively own | 293 |
more than fifty per cent of the taxable value established by the | 294 |
county auditor for purposes of real estate taxation of the real | 295 |
property in the zone, the zone shall be dissolved. The results of | 296 |
the vote shall be certified to the legislative authority. If the | 297 |
vote is to dissolve the zone, the legislative authority, by | 298 |
resolution, shall dissolve the zone. The legislative authority | 299 |
shall send a certified copy of the resolution to the secretary of | 300 |
state, the department of development, and the department of | 301 |
education. | 302 |
(C) No rights or obligations of any person under any | 303 |
contract, or in relation to any assessments made under this | 304 |
chapter, are affected by the dissolution of an urban homestead | 305 |
zone, except with the consent of that person or by order of a | 306 |
court with jurisdiction over the matter. Upon a zone's | 307 |
dissolution, any assets or rights of the zone, after payment of | 308 |
all obligations of the zone, shall be deposited in a special | 309 |
account of the city. | 310 |
Sec. 730.12. Any service provided to an urban homestead zone | 311 |
under this chapter shall be in addition to, and not in lieu of, | 312 |
any public services otherwise provided by the city. A city may not | 313 |
rely on the services provided to an urban homestead zone under a | 314 |
general plan, a security guard plan, or any other plan adopted by | 315 |
the board of directors of the zone when deciding whether to | 316 |
provide public services or whether to reduce or increase public | 317 |
services otherwise provided by the city to the zone. | 318 |
Sec. 3310.70. As used in sections 3310.70 to 3310.79 of the | 319 |
Revised Code: | 320 |
(A) "Big eight school district" has the same meaning as in | 321 |
section 3314.02 of the Revised Code. | 322 |
(B) "Chartered nonpublic school" means a nonpublic school | 323 |
that holds a valid charter issued by the state board of education | 324 |
under section 3301.16 of the Revised Code and that meets the | 325 |
standards established for those schools in rules adopted by the | 326 |
state board. | 327 |
(C) "Qualified child" means the child of a qualified | 328 |
homeowner who is entitled under section 3313.64 or 3313.65 of the | 329 |
Revised Code to attend school in a big eight school district and | 330 |
who is enrolled in a chartered nonpublic school. | 331 |
(D) "Qualified homeowner" means the owner and occupant of a | 332 |
qualifying residence. | 333 |
(E) "Qualifying residence" means a residence for which both | 334 |
of the following conditions are satisfied: | 335 |
(1) The residence is located in both an urban homestead zone | 336 |
established under Chapter 730. of the Revised Code and a big eight | 337 |
school district; and | 338 |
(2) The owner and occupant or a predecessor owner and | 339 |
occupant of the residence or a combination of them has spent not | 340 |
less than one hundred twenty thousand dollars in improvements on | 341 |
the residence since the urban homestead zone was established. | 342 |
(F) "School year" has the same meaning as in section 3313.62 | 343 |
of the Revised Code. | 344 |
Sec. 3310.71. The urban homestead scholarship program is | 345 |
hereby established. Under the program, in each school year, the | 346 |
department of education, upon certification from the director of | 347 |
development under section 3310.73 of the Revised Code, shall pay a | 348 |
scholarship to a qualified homeowner for each of the homeowner's | 349 |
qualified children, subject to the maximum number of scholarships | 350 |
prescribed by the general assembly for that school year. If the | 351 |
number of students who apply for a scholarship exceeds the number | 352 |
prescribed by the general assembly, the department first shall | 353 |
award scholarships to qualified children who received scholarships | 354 |
in the prior school year, and then shall select qualified children | 355 |
by lot to receive any remaining scholarships. | 356 |
Sec. 3310.72. (A) In order to be considered a qualifying | 357 |
residence for purposes of the urban homestead scholarship program, | 358 |
a person who owns a residence in an urban homestead zone shall | 359 |
file with the director of development all of the following: | 360 |
(1) A certified copy of the deed to the residence; | 361 |
(2) Documents or forms as prescribed by the director that | 362 |
indicate both of the following: | 363 |
(a) The residence is located in both an urban homestead zone | 364 |
established under Chapter 730. of the Revised Code and a big eight | 365 |
school district; and | 366 |
(b) The person applying for the right, or one or more | 367 |
predecessor owners and occupants, or a combination of them, has | 368 |
spent not less than one hundred twenty thousand dollars in | 369 |
improvements on the residence since the urban homestead zone was | 370 |
established; | 371 |
(3) A certified copy of all building permits related to the | 372 |
improvements on the residence; and | 373 |
(4) A certified copy of the occupancy permit for the | 374 |
residence. | 375 |
(B) Upon satisfaction that all documents required under | 376 |
division (A) of this section have been submitted and are | 377 |
authentic, the director of development shall determine whether the | 378 |
residence is a qualifying residence and provide written notice of | 379 |
that determination to the owner. | 380 |
(C) Qualifying residence status is a property right that runs | 381 |
with the land on which that residence is located for the duration | 382 |
of the urban homestead zone, beginning on the first day of the | 383 |
school year that first succeeds the date the urban homestead zone | 384 |
in which the residence is located was established. | 385 |
Sec. 3310.73. (A) An owner of a qualifying residence may | 386 |
apply for a scholarship under the urban homestead scholarship | 387 |
program by submitting to the director of development, in the | 388 |
manner prescribed by and before a deadline established by | 389 |
rules adopted under Chapter 119. of the Revised Code, all of the | 390 |
following: | 391 |
(1) The name of the owner; | 392 |
(2) The address and legal description of the qualifying | 393 |
residence; | 394 |
(3) The name of each child for whom a scholarship is sought; | 395 |
(4) The name and address of the chartered nonpublic school in | 396 |
which each child has been accepted for enrollment and the amount | 397 |
of tuition charged by the school for the school year; and | 398 |
(5) Any other information required by the director. | 399 |
(B) The director shall examine the application to determine | 400 |
if the person seeking a scholarship is a qualified homeowner and | 401 |
the child is a qualified child. Upon satisfaction that the person | 402 |
is a qualified homeowner and the child is a qualified child, the | 403 |
director shall certify to the department of education those | 404 |
findings and the information submitted under division (A) of this | 405 |
section. Upon receipt of that information, the department shall | 406 |
pay a scholarship to each qualified homeowner for each qualified | 407 |
child, subject to the maximum number of scholarships prescribed by | 408 |
the general assembly for that school year. | 409 |
Sec. 3310.74. (A) The amount paid for each qualified child | 410 |
under the urban homestead scholarship program shall be the lesser | 411 |
of the tuition charged by the chartered nonpublic school in which | 412 |
the child is enrolled or the maximum amount prescribed for an | 413 |
educational choice scholarship for the current school year under | 414 |
section 3310.09 of the Revised Code. | 415 |
(B) The department of education shall pay to each qualified | 416 |
homeowner for each qualified child awarded a scholarship under the | 417 |
program periodic partial payments of the scholarship during the | 418 |
school year at times prescribed by the department. | 419 |
(C) The department shall proportionately reduce or terminate | 420 |
the payments for any qualified child who withdraws from the | 421 |
chartered nonpublic school in which the child is enrolled before | 422 |
the end of the school year. | 423 |
Sec. 3310.75. A scholarship awarded and paid under the urban | 424 |
homestead scholarship program shall be used only to pay tuition a | 425 |
qualified homeowner owes to a chartered nonpublic school for the | 426 |
homeowner's qualified children. | 427 |
Sec. 3310.76. The general assembly shall prescribe for each | 428 |
school year the maximum number of qualified children that may be | 429 |
awarded scholarships under the urban homestead scholarship | 430 |
program. | 431 |
Sec. 3310.77. Urban homestead scholarships shall be funded | 432 |
by appropriations of the general assembly and payments collected | 433 |
pursuant to section 5709.45 of the Revised Code. The payments | 434 |
shall be deposited into the state treasury to the credit of the | 435 |
state urban homestead scholarship fund, which is hereby created. | 436 |
Money credited to the fund shall be used solely to pay urban | 437 |
homestead scholarships. The department of education shall adopt | 438 |
procedures for payment of scholarships from the fund. | 439 |
Sec. 3310.78. Notwithstanding division (K) of section | 440 |
3301.0711 of the Revised Code, each chartered nonpublic school | 441 |
that enrolls students awarded and paid scholarships under the | 442 |
urban homestead scholarship program annually shall administer the | 443 |
tests prescribed by section 3301.0710 or 3301.0712 of the Revised | 444 |
Code to each scholarship student under section 3301.0711 of the | 445 |
Revised Code. Each chartered nonpublic school shall report to the | 446 |
department of education the results of each test administered to | 447 |
each scholarship student under this section. | 448 |
Nothing in this section requires a chartered nonpublic school | 449 |
to administer any achievement test, except for an Ohio graduation | 450 |
test prescribed under division (B) of section 3301.0710 of the | 451 |
Revised Code, as required by section 3313.612 of the Revised Code, | 452 |
to any student enrolled in the school who is not a scholarship | 453 |
student. | 454 |
Sec. 3310.79. The director of development and the state board | 455 |
of education each shall adopt rules under Chapter 119. of the | 456 |
Revised Code prescribing procedures for the administration of | 457 |
their functions under the urban homestead scholarship program. | 458 |
Sec. 5709.45. (A)(1) The legislative authority of a city | 459 |
that has created an urban homestead zone within its boundaries | 460 |
under Chapter 730. of the Revised Code that is located within a | 461 |
big eight school district as defined in section 3314.02 of the | 462 |
Revised Code shall adopt an ordinance for each such zone declaring | 463 |
improvements to parcels within the zone to be a public purpose and | 464 |
exempt from taxation as provided in this section. | 465 |
(2) The ordinance shall specifically identify each parcel | 466 |
within the zone that is covered by the ordinance and the | 467 |
percentage of the improvements to be exempted, which shall not | 468 |
exceed seventy-five per cent. | 469 |
(3) The exemption from taxation commences with the tax year | 470 |
in which an improvement first appears on the tax list and | 471 |
duplicate of real and public utility property and ends on the date | 472 |
the urban homestead zone is dissolved, except the ordinance may | 473 |
specify an earlier end date. If an exemption ends during a tax | 474 |
year, the procedure for the apportionment of the taxes for that | 475 |
year is the same as in the case of other changes in tax exemption | 476 |
status during the year. | 477 |
(B)(1) The legislative authority of the city shall require | 478 |
the owner of a parcel identified in the ordinance to make annual | 479 |
payments in lieu of taxes to the county treasurer on or before the | 480 |
final dates for payment of real property taxes. Each payment shall | 481 |
be charged and collected in the same manner and in the same amount | 482 |
as the real property taxes that would have been charged and | 483 |
payable against any improvement made on the parcel if it were not | 484 |
exempt from taxation. The amount of the payments shall not be | 485 |
affected by a reduction in the levies otherwise applicable to the | 486 |
exempt property made by the county budget commission under section | 487 |
5705.31 of the Revised Code. The legislative authority shall not | 488 |
require an owner to make annual service payments in lieu of taxes | 489 |
pursuant to this section after the date on which the urban | 490 |
homestead zone is dissolved. The county treasurer shall maintain a | 491 |
record of the payments in lieu of taxes made from property in the | 492 |
urban homestead zone. | 493 |
(2) Moneys collected as payments in lieu of taxes shall be | 494 |
paid over to the treasurer of state to be deposited in the urban | 495 |
homestead scholarship fund and shall be set aside for use as | 496 |
scholarships to be awarded to qualified homeowners in the urban | 497 |
homestead zone from which the moneys were collected, except that | 498 |
any moneys remaining after a zone dissolves are no longer set | 499 |
aside for that zone and may be used to fund any urban homestead | 500 |
scholarship. | 501 |
(C) Not later than fifteen days after adopting an ordinance | 502 |
under this section, the legislative authority shall submit a copy | 503 |
of the ordinance to the director of development, the department of | 504 |
education, and the tax commissioner. On or before the thirty-first | 505 |
day of March of each year, the director of development shall | 506 |
submit a status report to the legislative authority and the | 507 |
superintendent of public instruction indicating the funds raised | 508 |
for scholarships in the urban homestead zone, including a summary | 509 |
of the receipts for payments in lieu of taxes, and the | 510 |
expenditures of money from the urban homestead scholarship fund in | 511 |
the zone, including both moneys from the state and moneys from | 512 |
payments in lieu of taxes. | 513 |
(D) Any parcel within the zone that is the subject of an | 514 |
ordinance adopted under section 5709.40 or 5709.41 of the Revised | 515 |
Code shall be excluded from any ordinance adopted under this | 516 |
section, and, if a parcel is subject to an ordinance adopted under | 517 |
this section, it shall not be the subject of an ordinance adopted | 518 |
under either of those sections. | 519 |
Section 2. Chapter 730. of the Revised Code shall be known as | 520 |
"Urban Homestead Zones." | 521 |