Sec. 3313.41. (A) Except as provided in divisions (C),
(D), | 15 |
and
(F), and (G) of this section, when a board of education | 16 |
decides to
dispose of real or personal property that it owns in | 17 |
its corporate
capacity and that exceeds in value ten thousand | 18 |
dollars, it
shall
sell the property at public auction, after | 19 |
giving at least
thirty
days' notice of the auction by publication | 20 |
in a newspaper
of
general circulation or by posting notices in | 21 |
five of the most
public places in the school district in which the | 22 |
property, if it
is real property, is situated, or, if it is | 23 |
personal property, in
the school district of the board of | 24 |
education that owns the
property. The board may offer real | 25 |
property for sale as an
entire
tract or in parcels. | 26 |
(B) When the board of education has offered real or
personal | 27 |
property for sale at public auction at least once pursuant to | 28 |
division
(A) of this section, and the property has not been sold, | 29 |
the
board may sell it at a private sale. Regardless of how it was | 30 |
offered at public auction, at a private sale, the board shall, as | 31 |
it considers best, sell real property as an entire tract or in | 32 |
parcels, and personal property in a single lot or in several
lots. | 33 |
(C) If a board of education decides to dispose of real or | 34 |
personal property that it owns in its corporate capacity and that | 35 |
exceeds in value ten thousand dollars, it may sell the property
to | 36 |
the adjutant general; to any subdivision or taxing authority as | 37 |
respectively defined in divisions (A) and (C) of section 5705.01 | 38 |
of the
Revised Code, township park district, board of park | 39 |
commissioners
established under Chapter 755. of the Revised Code, | 40 |
or park
district established under Chapter 1545. of the Revised | 41 |
Code; to
a wholly or partially tax-supported university, | 42 |
university
branch, or college; or to the board of
trustees of a | 43 |
school district library, upon such terms as are
agreed upon. The | 44 |
sale of real or personal property to the board
of trustees of a | 45 |
school district library is limited, in the case
of real property, | 46 |
to a school district library within whose
boundaries the real | 47 |
property is situated, or, in the case of
personal property, to a | 48 |
school district library whose boundaries
lie in whole or in part | 49 |
within the school district of the selling
board of education. | 50 |
(F) When a board of education has identified a parcel of
real | 59 |
property that it determines is needed for school purposes,
the | 60 |
board may, upon a majority vote of the members of the board, | 61 |
acquire that property by exchanging real property that the board | 62 |
owns in its corporate capacity for the identified real property or | 63 |
by using real property that the board owns in its corporate | 64 |
capacity as part or an entire consideration for the purchase price | 65 |
of the
identified real property. Any exchange or acquisition made | 66 |
pursuant to this
division shall be made by a conveyance executed | 67 |
by the president and the
treasurer of the board. | 68 |
(G)(1) When a school district board of education decides to | 69 |
dispose of real property suitable for use as classroom space, | 70 |
prior to disposing of that property under divisions (A) to (F)
of | 71 |
this section, it shall first offer that property for sale to
the | 72 |
governing authorities of the start-up community schools | 73 |
established under Chapter 3314. of the Revised Code located
within | 74 |
the territory of the school district, at a price that is
not | 75 |
higher than the appraised fair
market value of that property.
If | 76 |
more than one community school
governing authority accepts the | 77 |
offer made by the school district
board,
the board shall sell the | 78 |
property to the governing authority that accepted the offer first | 79 |
in time. If no
community school governing authority accepts
the | 80 |
offer within sixty days after the offer is made by the school | 81 |
district board, the board may dispose of the property in the | 82 |
applicable manner prescribed under divisions (A) to (F) of this | 83 |
section. | 84 |
(2) When a school district board of education has not used | 85 |
real property suitable for classroom space for academic | 86 |
instruction, administration, storage, or any other educational | 87 |
purpose for one full school year and has not adopted a resolution | 88 |
outlining a plan for using that property for any of those purposes | 89 |
within the next three school years, it shall offer that property | 90 |
for sale to the governing authorities of the start-up community | 91 |
schools established under Chapter 3314. of the Revised Code | 92 |
located within the territory of the school district, at a price | 93 |
that is not higher than the appraised fair market value of that | 94 |
property. If more than one community school governing authority | 95 |
accepts the offer made by the school district board, the board | 96 |
shall sell the property to the governing authority that accepted | 97 |
the offer first in time. | 98 |
(H) When a school district board of education has property | 99 |
that the board, by resolution, finds is not needed for school | 100 |
district use, is obsolete, or is unfit for the use for which it | 101 |
was acquired, the board may donate that property in accordance | 102 |
with this division if the fair market value of the property is, in | 103 |
the opinion of the board, two thousand five hundred dollars or | 104 |
less. | 105 |
The property may be donated to an eligible nonprofit | 106 |
organization that is located in this state and is exempt from | 107 |
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). | 108 |
Before donating any property under this
division, the board shall | 109 |
adopt a resolution expressing its intent
to make unneeded, | 110 |
obsolete, or unfit-for-use school district property
available to | 111 |
these organizations. The resolution shall include
guidelines and | 112 |
procedures the board considers to be necessary to
implement the | 113 |
donation program and shall indicate whether the
school district | 114 |
will conduct the donation program or the board will
contract with | 115 |
a representative to conduct it. If a representative
is known when | 116 |
the resolution is adopted, the resolution shall
provide contact | 117 |
information such as the representative's name,
address, and | 118 |
telephone number. | 119 |
The resolution shall include within its procedures a | 120 |
requirement that any nonprofit organization desiring to obtain | 121 |
donated property under this division shall submit a written notice | 122 |
to the board or its representative. The written notice shall | 123 |
include evidence that the organization is a nonprofit organization | 124 |
that is located in this state and is
exempt from federal income | 125 |
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of | 126 |
the organization's primary purpose; a
description of the type or | 127 |
types of property the organization
needs; and the name, address, | 128 |
and telephone number of a person
designated by the organization's | 129 |
governing board to receive
donated property and to serve as its | 130 |
agent. | 131 |
After adoption of the resolution, the board shall publish, in | 132 |
a newspaper of general circulation in the school district, notice | 133 |
of its
intent to donate unneeded, obsolete, or unfit-for-use | 134 |
school district
property to eligible nonprofit organizations. The | 135 |
notice shall
include a summary of the information provided in the | 136 |
resolution
and shall be published at least twice. The second and | 137 |
any
subsequent notice shall be published not less than ten nor | 138 |
more
than twenty days after the previous notice. A similar notice | 139 |
also
shall be posted continually in the board's office, and, if | 140 |
the
school district maintains a web site on the internet, the | 141 |
notice shall be
posted continually at that web site. | 142 |
The board or its representative also shall maintain a list of | 150 |
all school district property the board finds to be unneeded, | 151 |
obsolete, or
unfit for use and to be available for donation under | 152 |
this
division. The list shall be posted continually in a | 153 |
conspicuous
location in the board's office, and, if the school | 154 |
district maintains a
web site on the internet, the list shall be | 155 |
posted continually at
that web site. An item of property on the | 156 |
list shall be donated
to the eligible nonprofit organization that | 157 |
first declares to the
board or its representative its desire to | 158 |
obtain the item unless
the board previously has established, by | 159 |
resolution, a list of
eligible nonprofit organizations that shall | 160 |
be given priority with
respect to the item's donation. Priority | 161 |
may be given on the
basis that the purposes of a nonprofit | 162 |
organization have a direct
relationship to specific school | 163 |
district purposes of programs provided or
administered by the | 164 |
board. A resolution giving priority to
certain nonprofit | 165 |
organizations with respect to the donation of an
item of property | 166 |
shall specify the reasons why the organizations
are given that | 167 |
priority. | 168 |
Members of the board shall consult with the Ohio ethics | 169 |
commission, and comply with Chapters 102. and 2921. of the Revised | 170 |
Code, with respect to any donation under this division to a | 171 |
nonprofit organization of which a board member, any member of a | 172 |
board member's family, or any business associate of a board member | 173 |
is a trustee, officer, board member, or employee. | 174 |
Until July 1, 2010, no start-up or conversion community | 212 |
school subject to this division shall operate unless the school | 213 |
was open for instruction as of May 1, 2008. No entity described in | 214 |
division (C)(1) of section 3314.02 of the Revised Code shall enter | 215 |
into a contract to sponsor a community school subject to this | 216 |
division between May 1, 2008, and July 1, 2010, except that an | 217 |
entity may renew a contract that the entity entered into with a | 218 |
community school subject to this division prior to May 1, 2008, if | 219 |
the school was open for operation as of that date. | 220 |
(2) Until the effective date of any standards enacted by the | 226 |
general assembly governing the operation of internet- or | 227 |
computer-based community schools, no internet- or computer-based | 228 |
community school shall operate unless the school was open for | 229 |
instruction as of May 1, 2005. No entity described in division | 230 |
(C)(1) of section 3314.02 of the Revised Code shall enter into a | 231 |
contract to sponsor an internet- or computer-based community | 232 |
school, including a conversion school, between May 1, 2005, and | 233 |
the effective date of any standards enacted by the general | 234 |
assembly governing the operation of internet- or computer-based | 235 |
community schools, except as follows: | 236 |
If a sponsor entered into a contract with an internet- or | 251 |
computer-based community school, including a conversion school, | 252 |
but the school was not open for operation as of May 1, 2005, the | 253 |
contract shall be void and the entity shall not enter into another | 254 |
contract with the school until the effective date of any standards | 255 |
enacted by the general assembly governing the operation of | 256 |
internet- or computer-based community schools. | 257 |
(7) Until July 1, 2005, any entity described in division | 258 |
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only | 259 |
a community school that formerly was sponsored by the state board | 260 |
of education under division (C)(1)(d) of that section, as it | 261 |
existed prior to April 8, 2003. After July 1, 2005, any such | 262 |
entity may assume sponsorship of any existing community school, | 263 |
and may sponsor any new community school that is not an internet- | 264 |
or computer-based community school. Beginning on the effective | 265 |
date of any standards enacted by the general assembly governing | 266 |
the operation of internet- or computer-based community schools, | 267 |
any such entity may sponsor a new internet- or computer-based | 268 |
community school. | 269 |
(C) It is the intent of the general assembly to consider | 278 |
whether
to provide limitations on the number of start-up community | 279 |
schools after
July 1, 2001, following its examination of the | 280 |
results of
the studies by the legislative office of education | 281 |
oversight required under
Section 50.39 of
Am.
Sub.
H.B.
No. 215 of | 282 |
the 122nd general
assembly and
Section 50.52.2
of
Am.
Sub.
H.B. | 283 |
No. 215 of the 122nd general
assembly, as amended
by Am.
Sub.
H.B. | 284 |
No. 770 of the 122nd general
assembly. | 285 |
(2) Notwithstanding the limit prescribed by division (A)(5) | 304 |
of section 3314.013 of the Revised Code, a conversion school that | 305 |
is an internet- or computer-based community school or a start-up | 306 |
school sponsored by the school district in which the school is or | 307 |
is proposed to be located may be established after the date that | 308 |
limit is reached, provided the school's governing authority enters | 309 |
into a contract with an operator permitted to manage the school | 310 |
under division (C) of this section. However, a conversion school | 311 |
that is an internet- or computer-based community school may be | 312 |
established after that date only if the prohibition prescribed by | 313 |
division (A)(6) of section 3314.013 of the Revised Code is no | 314 |
longer in effect. | 315 |
(C) An operator may enter into contracts with the governing | 316 |
authorities of community schools established after the date the | 317 |
limit prescribed by division (A)(4) or (5) of section 3314.013 of | 318 |
the Revised Code, as applicable, is reached, provided the total | 319 |
number of schools for which the operator enters into such | 320 |
contracts, excluding conversion schools that are not internet- or | 321 |
computer-based community schools, does not exceed the number of | 322 |
community schools managed by the operator in Ohio or other states | 323 |
on the applicable date that are rated excellent, effective, or in | 324 |
need of continuous improvement pursuant to section 3302.03 of the | 325 |
Revised Code or perform comparably to schools so rated, as | 326 |
determined by the department of education. | 327 |
(D) Notwithstanding the limit prescribed by division (A)(4) | 328 |
of section 3314.013 of the Revised Code, after the date the limit | 329 |
prescribed in that division is reached, the governing authority of | 330 |
a start-up school sponsored by an entity described in divisions | 331 |
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may | 332 |
establish one additional school serving the same grade levels and | 333 |
providing the same educational program as the current start-up | 334 |
school and may open that additional school in the 2006-2007 school | 335 |
year, if both of the following conditions are met: | 336 |
(7) "Internet- or
computer-based community school" means a | 384 |
community school
established under this chapter in which the | 385 |
enrolled students work primarily from their residences on | 386 |
assignments in nonclassroom-based learning opportunities provided | 387 |
via an internet- or other computer-based
instructional method that | 388 |
does not rely on regular classroom
instruction or via | 389 |
comprehensive instructional methods that include internet-based, | 390 |
other computer-based, and noncomputer-based learning | 391 |
opportunities. | 392 |
(B) Any person or group of
individuals may initially propose | 393 |
under this
division the conversion of all or a portion of a public | 394 |
school to a community
school.
The proposal
shall be made to the | 395 |
board of education of
the city, local, or
exempted village school | 396 |
district
in
which the public school is
proposed to be converted. | 397 |
Upon receipt of a
proposal, a board may
enter into a preliminary | 398 |
agreement with the person or
group
proposing the conversion of the | 399 |
public school, indicating the
intention of the board of education | 400 |
to
support the conversion to a
community school. A proposing | 401 |
person or group
that has a
preliminary
agreement under this | 402 |
division may proceed to finalize
plans for the school,
establish a | 403 |
governing authority for the
school, and negotiate a contract with | 404 |
the board of education.
Provided the proposing person or group | 405 |
adheres to the
preliminary
agreement and all provisions of this | 406 |
chapter, the board of
education shall negotiate in good faith to | 407 |
enter into a contract
in accordance
with section 3314.03 of the | 408 |
Revised Code and
division (C) of this section. | 409 |
(e) A
sponsoring
authority designated by the
board
of | 428 |
trustees of
any of the thirteen state universities listed in | 429 |
section
3345.011 of the Revised Code
or the board of
trustees | 430 |
itself
as
long as a mission of the proposed school to be specified | 431 |
in the
contract under division (A)(2) of section 3314.03 of the | 432 |
Revised
Code and as approved by the department of education under | 433 |
division
(B)(2) of section 3314.015 of the Revised Code will be | 434 |
the
practical demonstration of teaching methods,
educational | 435 |
technology, or other teaching practices that are
included in the | 436 |
curriculum of the university's teacher preparation
program | 437 |
approved by the state board of education; | 438 |
(2) A preliminary agreement indicates the
intention of
an | 455 |
entity described in division (C)(1)
of this section
to
sponsor the | 456 |
community school. A proposing person or
group that
has such a | 457 |
preliminary agreement may proceed to
finalize plans for
the | 458 |
school, establish a governing authority
as described in
division | 459 |
(E) of this section
for the school, and
negotiate a
contract with | 460 |
the
entity. Provided the
proposing person or
group adheres to the | 461 |
preliminary agreement and
all provisions of
this chapter, the
| 462 |
entity shall negotiate
in good faith to
enter into a
contract in | 463 |
accordance with section
3314.03 of the
Revised
Code. | 464 |
(D) A majority vote of
the board of a sponsoring
entity
and a | 475 |
majority vote of the members of the
governing authority of a | 476 |
community school shall be required to
adopt a contract and
convert | 477 |
the public school to a community
school or establish the new | 478 |
start-up school. Beginning September 29, 2005, adoption of the | 479 |
contract shall occur not later than the fifteenth day of March, | 480 |
and signing of the contract shall occur not later than the | 481 |
fifteenth day of May, prior to the school year in which the school | 482 |
will open. The governing authority shall notify the department of | 483 |
education when the contract has been signed. Subject to sections | 484 |
section
3314.013, 3314.014, 3314.016, and 3314.017 of the Revised | 485 |
Code, an
unlimited number
of
community schools
may be
established | 486 |
in any
school district
provided that a contract is
entered into | 487 |
for each
community school
pursuant to
this chapter. | 488 |
(G)(1) A new start-up school that is established prior to | 511 |
August 15, 2003, in an urban school district that is not also a | 512 |
big-eight school district may continue to operate after that date | 513 |
and the contract between the school's governing authority and the | 514 |
school's sponsor may be renewed, as provided under this chapter, | 515 |
after that date, but no additional new start-up schools may be | 516 |
established in such a district unless the district is a challenged | 517 |
school district as defined in this section as it exists on and | 518 |
after that date. | 519 |
(2) A community school that was established prior to June 29, | 520 |
1999, and is located in a county contiguous to the pilot project | 521 |
area and in a school district that is not a challenged school | 522 |
district may continue to operate after that date, provided the | 523 |
school complies with all provisions of this chapter. The contract | 524 |
between the school's governing authority and the school's sponsor | 525 |
may be renewed, but no additional start-up community school may be | 526 |
established in that district unless the district is a challenged | 527 |
school district. | 528 |
(3) Any educational service center that, on the effective | 529 |
date of this amendmentJune 30, 2007, sponsors a community school | 530 |
that is not
located in a county within the territory of the | 531 |
service center or
in a county contiguous to such county may | 532 |
continue to sponsor that
community school on and after the | 533 |
effective date of this amendmentJune 30, 2007,
and may renew its | 534 |
contract with the school. However, the
educational service center | 535 |
shall not enter into a contract with
any additional community | 536 |
school unless the school is located in a
county within the | 537 |
territory of the service center or in a county
contiguous to such | 538 |
county. | 539 |
(C) The entity that succeeds the board of trustees or the | 559 |
board's designee as sponsor of a community school under division | 560 |
(B) of this section also may enter into
contracts to sponsor | 561 |
other community schools located in any challenged school district, | 562 |
without obtaining the department's approval of its sponsorship | 563 |
under division (B)(1) of section 3314.015 of the Revised Code, and | 564 |
not subject to the restriction of division (A)(7) of section | 565 |
3314.013 of the Revised Code, as long as the contracts conform | 566 |
with and the entity complies with all other requirements of this | 567 |
chapter. | 568 |
Sec. 3314.027. If, on the effective date of this section, the | 569 |
governing authority of a community school has a contract with an | 570 |
operator that is not a nonprofit entity as required by section | 571 |
3314.014 of the Revised Code, as it exists on and
after the | 572 |
effective date of this section, the governing authority
shall not | 573 |
be subject to the requirement that an operator of a
community | 574 |
school be a nonprofit entity until the expiration of
that | 575 |
contract. If the governing authority elects to continue | 576 |
management of the school by an operator after the expiration of | 577 |
that contract, the governing authority shall enter into a contract | 578 |
with a new operator that complies with section
3314.014 of the | 579 |
Revised Code, as it exists on and after the
effective date of | 580 |
this section. Section 3314.026 of the Revised
Code shall not | 581 |
apply to any operator that is not a nonprofit
entity and whose | 582 |
contract is not renewed pursuant to this section. | 583 |
Sec. 3314.051. (A) When the governing authority of a | 584 |
community school that acquired real property from a school | 585 |
district pursuant to division (G)(2) of section 3313.41 of the | 586 |
Revised Code, as it existed prior to the effective date of this | 587 |
amendment, decides to dispose of that property, it first shall | 588 |
offer that property for sale to the school district board of | 589 |
education from which it acquired the property, at a price that is | 590 |
not higher than the appraised fair market value of that property. | 591 |
If the district board does not accept the offer within sixty days | 592 |
after the offer is made, the community school may dispose of the | 593 |
property in another lawful manner. | 594 |
(B) When a community school that acquired real property from | 595 |
a school district pursuant to division (G)(2) of section 3313.41 | 596 |
of the Revised Code, as it existed prior to the effective date of | 597 |
this
amendment, permanently closes, in distributing the
school's | 598 |
assets under section 3314.074 of the Revised Code, that
property | 599 |
first shall be offered for sale to the school district
board of | 600 |
education from which the community school acquired the
property, | 601 |
at a price that is not higher than the appraised fair
market | 602 |
value of that property. If the district board does not
accept the | 603 |
offer within sixty days after the offer is made, the
property may | 604 |
be disposed in another lawful manner. | 605 |
Sec. 3318.08.
Except in the case of a joint vocational | 606 |
school district that receives assistance under sections 3318.40 to | 607 |
3318.45 of the Revised Code, if the requisite favorable vote on | 608 |
the
election is obtained, or if the school district board has | 609 |
resolved
to apply
the proceeds of a property tax levy or the | 610 |
proceeds of an
income tax, or a combination of proceeds from such | 611 |
taxes, as
authorized in
section 3318.052 of the Revised Code, the | 612 |
Ohio
school facilities commission, upon
certification to it of | 613 |
either
the results of the election or
the resolution under section | 614 |
3318.052 of the Revised Code, shall enter
into a written agreement | 615 |
with the school district board for the
construction and sale of | 616 |
the project. In the case of a joint vocational school
district | 617 |
that receives assistance under sections 3318.40 to
3318.45 of the | 618 |
Revised Code, if the school district board of
education and the | 619 |
school district electors have satisfied the
conditions prescribed | 620 |
in division (D)(1) of section 3318.41 of the
Revised Code, the | 621 |
commission shall enter into an agreement with
the school district | 622 |
board for the construction and sale of the
project. In either | 623 |
case, the agreement shall
include, but need not
be
limited to, the | 624 |
following provisions: | 625 |
(A) The sale and issuance of bonds or notes in
anticipation | 626 |
thereof, as soon as practicable after the execution
of the | 627 |
agreement, in an amount equal to the
school district's portion of | 628 |
the basic
project cost, including any securities
authorized under | 629 |
division (J) of
section 133.06 of the Revised
Code and dedicated | 630 |
by the school
district board to payment of the
district's portion | 631 |
of the basic
project cost of the project; provided, that if at | 632 |
that time the
county treasurer
of each
county in which the school | 633 |
district is
located has not
commenced
the collection of taxes on | 634 |
the general
duplicate of real
and
public utility property for the | 635 |
year in
which the
controlling
board approved the project, the | 636 |
school
district board
shall
authorize the issuance of a first | 637 |
installment
of bond
anticipation
notes in an amount specified by | 638 |
the
agreement, which
amount shall
not exceed an amount necessary | 639 |
to
raise the net
bonded
indebtedness of the school district as of | 640 |
the
date of
the
controlling board's approval to within
five | 641 |
thousand
dollars of
the
required level of indebtedness for the | 642 |
preceding
year. In the
event that a first installment of bond | 643 |
anticipation
notes is
issued, the school district board shall, as | 644 |
soon as
practicable
after the county treasurer of each county in | 645 |
which the
school
district is located has commenced the collection | 646 |
of taxes
on the
general duplicate of real and public utility | 647 |
property for
the
year
in which the controlling board approved the | 648 |
project,
authorize the
issuance of a second and
final installment | 649 |
of bond
anticipation
notes or a first and final
issue of bonds. | 650 |
The combined value of the first and second
installment of | 651 |
bond anticipation notes or the value of the first
and final issue | 652 |
of bonds shall be equal to the
school district's portion of the | 653 |
basic project cost. The proceeds of any such bonds shall be used | 654 |
first
to
retire any bond anticipation notes. Otherwise, the | 655 |
proceeds of
such bonds and of any bond anticipation notes, except | 656 |
the premium
and accrued interest thereon, shall be deposited in | 657 |
the school
district's project construction fund. In determining | 658 |
the amount
of net bonded indebtedness for the purpose of fixing | 659 |
the amount of an
issue of either bonds or bond anticipation notes, | 660 |
gross
indebtedness shall be reduced by moneys in the bond | 661 |
retirement
fund only to the extent of the moneys therein on the | 662 |
first day of
the year preceding the year in which the controlling | 663 |
board approved the
project. Should there be
a decrease in the tax | 664 |
valuation of
the school district so that the amount of | 665 |
indebtedness
that can
be incurred on the tax duplicates for the | 666 |
year in which the
controlling board approved the project is
less | 667 |
than the amount of the first installment of bond
anticipation | 668 |
notes, there shall be paid from the school
district's project | 669 |
construction fund to the school
district's
bond retirement fund to | 670 |
be applied against such notes an amount
sufficient to cause the | 671 |
net bonded indebtedness of the school district,
as of the first | 672 |
day of the year following the year in which the
controlling board | 673 |
approved the project,
to be within five thousand dollars of the | 674 |
required level of
indebtedness for the year in which the | 675 |
controlling board approved the project. The
maximum
amount of | 676 |
indebtedness to be incurred by any school
district board as its | 677 |
share of the cost of the project is either
an amount that will | 678 |
cause its net bonded
indebtedness, as of the first
day of the year | 679 |
following the year in which the controlling board
approved the | 680 |
project, to be
within five thousand dollars of the required level | 681 |
of
indebtedness,
or
an amount equal to the required percentage of | 682 |
the basic project costs,
whichever is greater. All bonds and bond | 683 |
anticipation notes
shall be issued in accordance with Chapter 133. | 684 |
of the Revised
Code, and notes may be renewed as provided in | 685 |
section 133.22 of
the Revised Code. | 686 |
(1) If section 3318.052 of the Revised Code applies, the | 696 |
earmarking of the
proceeds of a tax levied under section 5705.21 | 697 |
of the Revised Code for general permanent improvements
or
under | 698 |
section 5705.218 of the Revised Code for the purpose of
permanent | 699 |
improvements, or
the proceeds of a school district
income tax | 700 |
levied under Chapter
5748. of the Revised Code, or the
proceeds | 701 |
from a
combination of
those two taxes, in an amount to
pay all or | 702 |
part of the service
charges on bonds issued to pay the
school | 703 |
district portion of the
project and
an amount equivalent to all or | 704 |
part of the tax
required under division
(B) of
section 3318.05 of | 705 |
the Revised
Code; | 706 |
(c) If, in lieu of the tax otherwise required under division | 718 |
(B) of section 3318.05 of the Revised Code, the commission has | 719 |
approved the transfer of money to the maintenance fund in | 720 |
accordance with section 3318.051 of the Revised Code, a | 721 |
requirement that the district board comply with the provisions | 722 |
that section. The district board may rescind the provision | 723 |
prescribed under division (C)(2)(c) of this section only so long | 724 |
as the electors of the district have approved, in accordance with | 725 |
section 3318.063 of the Revised Code, the levy of a tax for the | 726 |
maintenance of the classroom facilities acquired under the | 727 |
district's project and that levy continues to be collected as | 728 |
approved by the electors. | 729 |
(R)(1) For all school districts except
a district
undertaking | 789 |
a
project under section 3318.38 of the Revised Code
or
a joint | 790 |
vocational school district undertaking a project under
sections | 791 |
3318.40 to 3318.45 of the Revised Code,
provision
that
all
state | 792 |
funds reserved and
encumbered
to pay
the state
share of
the cost | 793 |
of the project
pursuant to
section
3318.03 of
the
Revised
Code be | 794 |
spent on the
construction
or
acquisition of
the project
prior to | 795 |
the
expenditure of any
funds
provided by the
school
district to | 796 |
pay
for its share of the
project cost, unless
the
school district | 797 |
certifies to the
commission that expenditure
by
the school | 798 |
district is
necessary to
maintain the tax-exempt
status
of notes | 799 |
or bonds issued by the
school district to pay for
its
share of the | 800 |
project cost
or to
comply with applicable
temporary
investment | 801 |
periods or spending
exceptions to rebate as
provided
for under | 802 |
federal law in regard
to those notes or bonds,
in which
cases, the | 803 |
school district
may commit to
spend, or
spend, a
portion
of the | 804 |
funds it
provides; | 805 |
(2) For
a school
district undertaking a project
under section | 806 |
3318.38 of the Revised Code
or a joint vocational
school district | 807 |
undertaking a project under sections 3318.40 to
3318.45 of the | 808 |
Revised Code, provision that the state funds
reserved and | 809 |
encumbered and the funds provided by the school
district to pay | 810 |
the basic project cost of any segment of the
project, or of the | 811 |
entire project if it is not divided into
segments, be spent on the | 812 |
construction and acquisition of the
project simultaneously in | 813 |
proportion to the state's and the school
district's respective | 814 |
shares of that basic project cost as
determined under section | 815 |
3318.032 of the Revised Code
or, if the
district is a joint | 816 |
vocational school district, under section
3318.42 of the Revised | 817 |
Code. | 818 |
(T) A provision stipulating that, unless otherwise
authorized | 825 |
by the commission, any contingency
reserve portion of
the | 826 |
construction budget prescribed by the
commission shall be used | 827 |
only to pay costs resulting from
unforeseen job conditions, to | 828 |
comply with rulings regarding
building and other codes, to pay | 829 |
costs related to design
clarifications or corrections to contract | 830 |
documents, and to pay
the costs of settlements or judgments | 831 |
related to the project as
provided under section 3318.086 of the | 832 |
Revised Code; | 833 |
Section 3. Section 3314.014 of the Revised Code is | 849 |
presented in
this act as a composite of the section as amended by | 850 |
both Am. Sub. H.B. 79 and Am. Sub. H.B. 276 of
the 126th General | 851 |
Assembly. The General Assembly, applying the
principle stated in | 852 |
division (B) of section 1.52 of the Revised
Code that amendments | 853 |
are to be harmonized if reasonably capable of
simultaneous | 854 |
operation, finds that the composite is the resulting
version of | 855 |
the section in effect prior to the effective date of
the section | 856 |
as presented in this act. | 857 |