As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 26


Representative Wolpert 

Cosponsors: Representatives McGregor, J., Collier, Seitz, Flowers 



A BILL
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


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

       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; and32

       (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; and41

        (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; and72

       (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; or152

       (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; and222

       (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; and266

       (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; and278

       (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; and338

       (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; and366

       (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; and373

       (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; and398

       (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