H. B. No. 220 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 220

Representative Chandler

Cosponsors: Representatives Blair, Brown, Derickson, Gardner, Hagan, Harwood, Letson, Skindell, Weddington, Williams, B., Yuko

A BILL

To amend sections 7.10, 7.11, 7.12, 118.17, 131.23,

133.18, 133.55, 135.05, 301.02, 301.15, 301.28,

306.35, 306.43, 306.70, 307.022, 307.041, 307.10,

307.12, 307.676, 307.70, 307.79, 307.791, 307.81,

307.82, 307.83, 308.13, 317.20, 319.11, 321.18,

322.02, 322.021, 323.08, 324.02, 324.021, 343.08,

345.03, 349.03, 501.07, 503.05, 503.162, 503.41,

504.02, 504.03, 504.12, 504.21, 505.108, 505.17,

505.264, 505.28, 505.373, 505.55, 505.73, 511.23,

511.25, 511.28, 511.34, 513.14, 515.04, 517.12,

517.22, 521.03, 705.16, 711.35, 715.011, 715.47,

718.09, 718.10, 719.012, 719.05, 721.03, 721.15,

721.20, 723.07, 727.011, 727.012, 727.08, 727.14,

727.46, 729.08, 729.11, 731.141, 731.20, 731.21,

731.211, 731.22, 731.23, 731.24, 731.25, 735.05,

735.20, 737.32, 745.07, 747.05, 747.11, 747.12,

755.41, 755.42, 755.43, 759.47, 951.11, 1515.08,

1515.24, 1545.09, 1545.12, 1547.302, 1711.05,

1711.07, 1711.18, 1711.30, 1728.06, 2105.09,

2329.26, 2329.27, 3311.21, 3311.213, 3311.214,

3311.50, 3311.53, 3311.73, 3313.41, 3313.533,

3313.911, 3349.29, 3354.12, 3355.09, 3375.41,

3381.11, 3501.03, 3505.13, 3709.21, 3735.36,

3735.66, 4301.80, 4301.81, 4503.06, 4504.02,

4504.021, 4504.15, 4504.16, 4504.18, 4513.62,

4582.31, 4585.10, 4928.20, 4929.26, 4929.27,

4931.51, 4931.52, 4931.53, 5126.42, 5310.35,

5540.031, 5540.05, 5543.10, 5552.06, 5553.05,

5553.19, 5553.23, 5553.42, 5555.07, 5555.27,

5555.42, 5559.06, 5559.10, 5559.12, 5561.04,

5561.08, 5571.011, 5573.02, 5573.10, 5575.01,

5575.02, 5591.15, 5593.08, 5705.16, 5705.191,

5705.194, 5705.196, 5705.21, 5705.211, 5705.218,

5705.25, 5705.251, 5705.261, 5705.314, 5705.71,

5713.01, 5715.17, 5715.23, 5719.04, 5721.01,

5721.03, 5721.04, 5721.31, 5722.13, 5723.05,

5727.57, 5733.23, 5739.021, 5739.022, 5739.026,

5739.101, 5747.451, 5748.02, 5748.021, 5748.04,

5748.08, 6101.16, 6103.05, 6103.06, 6103.081,

6103.31, 6105.131, 6115.01, 6115.20, 6117.06,

6117.07, 6117.251, 6117.49, 6119.10, 6119.18,

6119.22, 6119.25, and 6119.58, to enact section

7.16, and to repeal sections 7.14 and 701.04 of

the Revised Code to implement the recommendations

of the Local Government Public Notice Task Force

by authorizing legal publication to be made in a

newspaper of general circulation, eliminating

certain publication and postal privilege

requirements, reducing the number of times

publication must be made, requiring newspapers to

establish a government rate for publication,

allowing publication of a summary of an ordinance

rather than publishing it in its entirety, and

allowing the costs of publishing delinquent

property tax lists to be charged to delinquent

taxpayers.

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

Section 1. That sections 7.10, 7.11, 7.12, 118.17, 131.23,	57
133.18, 133.55, 135.05, 301.02, 301.15, 301.28, 306.35, 306.43,	58
306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 307.70, 307.79,	59
307.791, 307.81, 307.82, 307.83, 308.13, 317.20, 319.11, 321.18,	60
322.02, 322.021, 323.08, 324.02, 324.021, 343.08, 345.03, 349.03,	61
501.07, 503.05, 503.162, 503.41, 504.02, 504.03, 504.12, 504.21,	62
505.108, 505.17, 505.264, 505.28, 505.373, 505.55, 505.73, 511.23,	63
511.25, 511.28, 511.34, 513.14, 515.04, 517.12, 517.22, 521.03,	64
705.16, 711.35, 715.011, 715.47, 718.09, 718.10, 719.012,	65
719.05, 721.03, 721.15, 721.20, 723.07, 727.011, 727.012, 727.08,	66
727.14, 727.46, 729.08, 729.11, 731.141, 731.20, 731.21, 731.211,	67
731.22, 731.23, 731.24, 731.25, 735.05, 735.20, 737.32, 745.07,	68
747.05, 747.11, 747.12, 755.41, 755.42, 755.43, 759.47, 951.11,	69
1515.08, 1515.24, 1545.09, 1545.12, 1547.302, 1711.05, 1711.07,	70
1711.18, 1711.30, 1728.06, 2105.09, 2329.26, 2329.27, 3311.21,	71
3311.213, 3311.214, 3311.50, 3311.53, 3311.73, 3313.41, 3313.533,	72
3313.911, 3349.29, 3354.12, 3355.09, 3375.41, 3381.11, 3501.03,	73
3505.13, 3709.21, 3735.36, 3735.66, 4301.80, 4301.81, 4503.06,	74
4504.02, 4504.021, 4504.15, 4504.16, 4504.18, 4513.62, 4582.31,	75
4585.10, 4928.20, 4929.26, 4929.27, 4931.51, 4931.52, 4931.53,	76
5126.42, 5310.35, 5540.031, 5540.05, 5543.10, 5552.06, 5553.05,	77
5553.19, 5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 5559.06,	78
5559.10, 5559.12, 5561.04, 5561.08, 5571.011, 5573.02, 5573.10,	79
5575.01, 5575.02, 5591.15, 5593.08, 5705.16, 5705.191, 5705.194,	80
5705.196, 5705.21, 5705.211, 5705.218, 5705.25, 5705.251,	81
5705.261, 5705.314, 5705.71, 5713.01, 5715.17, 5715.23, 5719.04,	82
5721.01, 5721.03, 5721.04, 5721.31, 5722.13, 5723.05, 5727.57,	83
5733.23, 5739.021, 5739.022, 5739.026, 5739.101, 5747.451,	84
5748.02, 5748.021, 5748.04, 5748.08, 6101.16, 6103.05, 6103.06,	85
6103.081, 6103.31, 6105.131, 6115.01, 6115.20, 6117.06, 6117.07,	86
6117.251, 6117.49, 6119.10, 6119.18, 6119.22, 6119.25, and	87
6119.58 be amended and section 7.16 of the Revised Code be	88
enacted to read as follows:	89

Sec. 7.10. For the publication of advertisements, notices,	90
and proclamations, except those relating to proposed amendments to	91
the Ohio ~~constitution~~Constitution, required to be published by a	92
public officer of the state, ~~county, municipal corporation,~~	93
~~township, school~~, a benevolent or other public institution, ~~or by~~	94
a trustee, assignee, executor, or administrator, or by or in any	95
court of record, except when the rate is otherwise fixed by law,	96
publishers of newspapers may charge and receive for such	97
advertisements, notices, and proclamations rates charged on	98
annual contracts by them for a like amount of space to other	99
advertisers who advertise in its general display advertising	100
columns. ~~Legal~~For advertisements, notices, or proclamations	101
required to be published by a county, municipal corporation,	102
township, school, or other political subdivision, publishers of	103
newspapers shall establish a government rate. The government rate	104
shall not exceed the lowest noncontract classified rate paid by	105
other advertisers.	106

Legal advertising, except that relating to proposed	107
amendments to the Ohio ~~constitution~~Constitution, shall be set up	108
in a compact form, without unnecessary spaces, blanks, or	109
headlines, and printed in not smaller than six-point type. The	110
type used must be of such proportions that the body of the	111
capital letter M is no wider than it is high and all other	112
letters and characters are in proportion.	113

Except as provided in section 2701.09 of the Revised Code,	114
all legal advertisements or notices shall be printed in newspapers	115
~~published in the English language only~~of general circulation and	116
also shall be posted on a newspaper's internet web site, if the	117
newspaper has one.	118

Sec. 7.11. A proclamation for an election, an order fixing	119
the time of holding court, notice of the rates of taxation, bridge	120
and pike notices, notice to contractors, and such other	121
advertisements of general interest to the taxpayers as the county	122
auditor, county treasurer, probate judge, or board of county	123
commissioners deems proper shall be published in ~~two newspapers~~a	124
newspaper of ~~opposite politics of~~ general circulation as defined	125
in section ~~5721.01~~7.12 of the Revised Code at the county seat if	126
~~there are such newspapers published thereat. If there are not two~~	127
~~newspapers of opposite politics and of general circulation~~	128
~~published in said county seat, such publication shall be made in~~	129
~~one newspaper published in said county seat and in any other~~	130
~~newspaper of general circulation in said county as defined in~~	131
~~section 5721.01 of the Revised Code, wherever published, without~~	132
~~regard to the politics of such other newspaper~~. In counties having	133
cities of eight thousand inhabitants or more, not the county seat	134
of such counties, additional publication of such notice shall be	135
made in ~~two newspapers~~a newspaper of ~~opposite politics and of~~	136
general circulation in such city as defined in such section. ~~For~~	137
~~purposes of this section, a newspaper independent in politics is a~~	138
~~newspaper of opposite politics to a newspaper of designated~~	139
~~political affiliation. Sections 7.10 to 7.13, inclusive, of the~~	140
~~Revised Code, do not apply to the publication of notices of~~	141
~~delinquent and forfeited land sales.~~	142

The cost of any publication authorized by this section, which	143
isshall be printed in display form, shall be the ~~commercial~~	144
government rate ~~charged~~established by such newspaper under	145
section 7.10 of the Revised Code.	146

Sec. 7.12. (A) Whenever ~~any legal publication~~a political	147
subdivision is required by law to ~~be made~~make any legal	148
publication in a newspaper ~~published in a municipal corporation,~~	149
~~county, or other political subdivision~~, the newspaper shall ~~also~~	150
be a newspaper of general circulation in the ~~municipal~~	151
~~corporation, county, or other~~ political subdivision~~, without~~	152
~~further restriction or limitation upon a selection of the~~	153
~~newspaper to be used. If no newspaper is published in such~~	154
~~municipal corporation, county, or other political subdivision,~~	155
~~such legal publication shall be made in any newspaper of general~~	156
~~circulation therein. If there are less than two newspapers~~	157
~~published in any municipal corporation, county, or other political~~	158
~~subdivision in the manner defined by this section, then any legal~~	159
~~publication required by law to be made in a newspaper published in~~	160
~~a municipal corporation, county, or other political subdivision~~	161
~~may be made in any newspaper regularly issued at stated intervals~~	162
~~from a known office of publication located within the municipal~~	163
~~corporation, county, or other political subdivision. As used in~~	164
~~this section, a known office of publication is a public office~~	165
~~where the business of the newspaper is transacted during the usual~~	166
~~business hours, and such office shall be shown by the publication~~	167
~~itself~~. A	168

~~In addition to all other requirements, a~~"newspaper" or	169
"newspaper of general circulation," except those publications	170
performing the functions described in section 2701.09 of the	171
Revised Code for a period of ~~one year~~three years immediately	172
preceding any such publication required to be made, shall be a	173
publication bearing a title or name, regularly issued as	174
~~frequently as~~at least once a week ~~for a definite price or~~	175
~~consideration paid for by not less than fifty per cent of those~~	176
~~to whom distribution is made, having a second class mailing~~	177
~~privilege, being not less than four pages, published continuously~~	178
~~during the immediately preceding one-year period, and circulated~~	179
~~generally in the political subdivision in which it is published.~~	180
~~Such publication must be of a type to which the general public~~	181
~~resorts for passing events of a political, religious,~~	182
~~commercial, and social nature, current happenings,~~	183
~~announcements, miscellaneous reading matter, advertisements, and~~	184
~~other notices~~, and that meets all of the following requirements:	185

(1) It is printed in the English language using traditional	186
printing methods, being not less than eight pages in the	187
broadsheet format or its equivalent.	188

(2) It contains at least twenty-five per cent editorial	189
content consisting of news of general public interest, including	190
local news, political information, local sports, and editorial	191
commentary.	192

(3) Not less than fifty per cent of those to whom the	193
publication is distributed pay a definite price for it.	194

(4) The publication has been in circulation continuously for	195
at least three years in the political subdivision responsible for	196
placing the legal notice.	197

(5) The publication is the area's newspaper of record because	198
it is circulated generally in the political subdivision by United	199
States mail or carrier delivery to a minimum of thirty per cent of	200
the households in the political subdivision, or, if this minimum	201
circulation percentage cannot be met, the publication has the	202
highest household circulation percentage of all the qualifying	203
publications circulated in the political subdivision.	204

(6) The publication has the ability to add to its	205
distribution list subscribers in the political subdivision.	206

(B) A person who disagrees that a publication is a "newspaper	207
of general circulation" in which legal publication may be made	208
under this section may deliver a written request for binding	209
arbitration to the publisher of the publication and to the court	210
of common pleas of the county in which is located the political	211
subdivision in which the publication is circulated. The court of	212
common pleas shall appoint an arbitrator. The petitioner and the	213
publisher of the publication shall pay the costs of the	214
arbitrator's service in equal amounts.	215

Not later than thirty days after the arbitrator's	216
appointment, the petitioner and the publisher of the publication	217
each shall deliver to the arbitrator a recommendation for	218
resolution of the matter. Not later than sixty days after the	219
arbitrator's appointment, the arbitrator shall approve one of the	220
recommendations submitted or decide the dispute based on the	221
arbitrator's judgment. The arbitrator shall deliver to the	222
petitioner and the publisher a written statement of the	223
arbitration decision. The petitioner and publisher shall abide by	224
the decision, which shall be enforced, upon petition by either the	225
petitioner or publisher, by the court of common pleas of the	226
county that appointed the arbitrator.	227

Sec. 7.16. (A) If a section of the Revised Code requires a	228
political subdivision to publish a notice or advertisement two or	229
more times in a newspaper of general circulation, the section	230
refers to this section, and the political subdivision operates and	231
maintains an internet web site, the second publication otherwise	232
required by that section may be made in abbreviated form in a	233
newspaper of general circulation in the political subdivision	234
designated in that section and on the newspaper's internet web	235
site, if the newspaper has one, and the political subdivision may	236
eliminate any further newspaper publications, provided that the	237
second, abbreviated notice or advertisement meets all the	238
following requirements:	239

(1) It is published in the newspaper of general circulation	240
in which the first publication of the notice or advertisement was	241
made and is published on that newspaper's internet web site, if	242
the newspaper has one.	243

(2) It includes a statement that the notice or advertisement	244
is posted in its entirety on the political subdivision's internet	245
web site.	246

(3) It includes the political subdivision's and the	247
newspaper's internet addresses on the world wide web.	248

(4) It includes instructions for accessing the notice or	249
advertisement on the subdivision's and newspaper's internet web	250
sites.	251

(5) It is of sufficient size that it covers at least	252
one-eighth of a page in the newspaper.	253

(B) A notice or advertisement published under this section on	254
a political subdivision's internet web site shall be published in	255
its entirety in accordance with the section of the Revised Code	256
that requires the publication.	257

(C) If a political subdivision does not operate and maintain,	258
or ceases to operate and maintain, an internet web site, the	259
political subdivision shall not publish a notice or advertisement	260
under this section, but instead shall comply with the publication	261
requirements of the section of the Revised Code that refers to	262
this section.	263

Sec. 118.17. (A) During a fiscal emergency period and with	264
the approval of the financial planning and supervision commission,	265
a municipal corporation, county, or township may issue local	266
government fund notes, in anticipation of amounts to be allocated	267
to it pursuant to division (B) of section 5747.50 of the Revised	268
Code or to be apportioned to it under section 5747.51 or 5747.53	269
of the Revised Code in a future year or years, for a period of no	270
more than eight calendar years. The principal amount of the notes	271
and interest on the notes due and payable in any year shall not	272
exceed fifty per cent of the total amount of local government fund	273
moneys so allocated or apportioned to the municipal corporation,	274
county, or township for the year preceding the year in which the	275
notes are issued. The notes may mature in semiannual or annual	276
installments in such amounts as may be fixed by the commission,	277
and need not mature in substantially equal semiannual or annual	278
installments. The notes of a municipal corporation may be	279
authorized and issued, subject to the approval of the commission,	280
in the manner provided in sections 717.15 and 717.16 of the	281
Revised Code, except that, notwithstanding division (A)(2) of	282
section 717.16 of the Revised Code, the rate or rates of interest	283
payable on the notes shall be the prevailing market rate or rates	284
as determined and approved by the commission, and except that they	285
shall not be issued in anticipation of bonds, shall not constitute	286
general obligations of the municipal corporation, and shall not	287
pledge the full faith and credit of the municipal corporation.	288

(B) The principal and interest on the notes provided for in	289
this section shall be payable, as provided in this section, solely	290
from the portion of the local government fund that would otherwise	291
be apportioned to the municipal corporation, county, or township	292
and shall not be payable from or constitute a pledge of or claim	293
upon, or require the levy, collection, or application of, any	294
unvoted ad valorem property taxes or other taxes, or in any manner	295
occupy any portion of the indirect debt limit.	296

(C) Local government fund notes may be issued only to the	297
extent needed to achieve one or more of the following objectives	298
of the financial plan:	299

(1) Satisfying any contractual or noncontractual judgments,	300
past due accounts payable, and all past due and payable payroll	301
and fringe benefits to be taken into account under section 118.03	302
of the Revised Code;	303

(2) Restoring to construction funds or other restricted funds	304
any money applied from such funds to uses not within the purposes	305
of such funds and which could not be transferred to such use under	306
section 5705.14 of the Revised Code;	307

(3) Eliminating deficit balances in all deficit funds,	308
including funds that may be used to pay operating expenses.	309

In addition to the objectives set forth in divisions (C)(1)	310
to (3) of this section, local government fund notes may be issued	311
and the proceeds of those notes may be used for the purpose of	312
retiring or replacing other moneys used to retire current revenue	313
notes issued pursuant to section 118.23 of the Revised Code to the	314
extent that the proceeds of the current revenue notes have been or	315
are to be used directly or to replace other moneys used to achieve	316
one or more of the objectives of the financial plan specified in	317
divisions (C)(1) to (3) of this section. Upon authorization of the	318
local government fund notes by the legislative authority of the	319
municipal corporation, county, or township, the proceeds of the	320
local government fund notes and the proceeds of any such current	321
revenue notes shall be deemed to be appropriated, to the extent	322
that the proceeds have been or are to be so used, for the purposes	323
for which the revenues anticipated by any such current revenue	324
notes are collected and appropriated within the meaning of section	325
133.10 of the Revised Code.	326

(D) The need for an issue of local government fund notes for	327
such purposes shall be determined by taking into consideration	328
other money and sources of moneys available therefor under this	329
chapter or other provisions of law, and calculating the respective	330
amounts needed therefor in accordance with section 118.03 of the	331
Revised Code, including the deductions or offsets therein	332
provided, for determining that a fiscal emergency condition	333
exists, and by eliminating any duplication of amounts thereunder.	334
The respective amounts needed to achieve such objectives and the	335
resulting aggregate net amount shall be determined initially by a	336
certification of the fiscal officer as and to the extent approved	337
by the financial supervisor. The principal amount of such notes	338
shall not exceed the aggregate net amount needed for such	339
purposes. The aggregate amount of all issues of such notes shall	340
not exceed three times the average of the allocation or	341
apportionment to the municipal corporation, county, or township of	342
moneys from the local government fund in each of the three fiscal	343
years preceding the fiscal year in which the notes are issued.	344

(E) The proceeds of the sale of local government fund notes	345
shall be appropriated by the municipal corporation, county, or	346
township for and shall be applied only to the purposes, and in the	347
respective amounts for those purposes, set forth in the	348
certification given pursuant to division (D) of this section, as	349
the purposes and amounts may be modified in the approval by the	350
commission provided for in this section. The proceeds shall be	351
deposited in separate accounts with a fiscal agent designated in	352
the resolution referred to in division (F) of this section and	353
released only for such respective purposes in accordance with the	354
procedures set forth in division (D) of section 118.20 of the	355
Revised Code. Any amounts not needed for such purposes shall be	356
deposited with the fiscal agent designated to receive deposits for	357
payment of the principal of and interest due on the notes.	358

(F) An application for approval by the financial planning and	359
supervision commission of an issue of local government fund notes	360
shall be authorized by a preliminary resolution adopted by the	361
legislative authority. The resolution may authorize the	362
application as a part of the initial submission of the financial	363
plan for approval or as a part of any proposed amendment to an	364
approved financial plan or at any time after the approval of a	365
financial plan, or amendment to a financial plan, that proposes	366
the issue of such notes. The preliminary resolution shall	367
designate a fiscal agent for the deposit of the proceeds of the	368
sale of the notes, and shall contain a covenant of the municipal	369
corporation, county, or township to comply with this chapter and	370
the financial plan.	371

The commission shall review and evaluate the application and	372
supporting certification and financial supervisor action, and	373
shall thereupon certify its approval or disapproval, or	374
modification and approval, of the application.	375

The commission shall certify the amounts, maturities,	376
interest rates, and terms of issue of the local government fund	377
notes approved by the commission and the purposes to which the	378
proceeds of the sale of the notes will be applied in respective	379
amounts.	380

The commission shall certify a copy of its approval, of the	381
preliminary resolution, and of the related certification and	382
action of the financial supervisor to the fiscal officer, the	383
financial supervisor, the county budget commission, the county	384
auditor, the county treasurer, and the fiscal agent designated to	385
receive and disburse the proceeds of the sale of the notes.	386

(G) Upon the sale of any local government fund notes issued	387
under this section, the commission shall determine a schedule for	388
the deposit of local government fund distributions that are	389
pledged for the payment of the principal of and interest on the	390
notes with the fiscal agent or trustee designated in the agreement	391
between the municipal corporation, county, or township and the	392
holders of the notes to receive and disburse the distributions.	393
The amounts to be deposited shall be adequate to provide for the	394
payment of principal and interest on the notes when due and to pay	395
all other proper charges, costs, or expenses pertaining thereto.	396

The amount of the local government fund moneys apportioned to	397
the municipal corporation, county, or township that is to be so	398
deposited in each year shall not be included in the tax budget and	399
appropriation measures of the municipal corporation, county, or	400
township, or in certificates of estimated revenues, for that year.	401

The commission shall certify the schedule to the officers	402
designated in division (F) of this section.	403

(H) Deposit of amounts with the fiscal agent or trustee	404
pursuant to the schedule determined by the commission shall be	405
made from local government fund distributions to or apportioned to	406
the municipal corporation, county, or township as provided in this	407
division. The apportionment of local government fund moneys to the	408
municipal corporation, county, or township for any year from the	409
undivided local government fund shall be determined as to the	410
municipal corporation, county, or township without regard to the	411
amounts to be deposited with the fiscal agent or trustee in that	412
year in accordance with division (G) of this section. After the	413
amount of the undivided local government fund apportioned to the	414
municipal corporation, county, or township for a calendar year is	415
determined, the county auditor and the county treasurer shall	416
withhold from each monthly amount to be distributed to the	417
municipal corporation, county, or township from the undivided	418
local government fund, and transmit to the fiscal agent or trustee	419
for deposit, one-twelfth of the amount scheduled for deposit in	420
that year pursuant to division (G) of this section.	421

(I) If the commission approves the application, the municipal	422
corporation, county, or township may proceed with the issuance of	423
the notes as approved by the commission.	424

All notes issued under authority of this section are lawful	425
investments for the entities enumerated in division (A)(1) of	426
section 133.03 of the Revised Code and are eligible as security	427
for the repayment of the deposit of public moneys.	428

Upon the issuance of any notes under this section, the fiscal	429
officer of the municipal corporation, county, or township shall	430
certify the fact of the issuance to the county auditor and shall	431
also certify to the county auditor the last calendar year in which	432
any of the notes are scheduled to mature.	433

(J) After the legislative authority of the municipal	434
corporation, county, or township has passed an ordinance or	435
resolution authorizing the issuance of local government fund notes	436
and subsequent to the commission's preliminary or final approval	437
of the ordinance or resolution, the director of law, prosecuting	438
attorney, or other chief legal officer of the municipal	439
corporation, county, or township shall certify a sample of the	440
form and content of a note to be used to issue the local	441
government fund notes to the commission. The commission shall	442
determine whether the sample note is consistent with this section	443
and the ordinance or resolution authorizing the issuance of the	444
local government fund notes, and if the sample note is found to be	445
consistent with this section and the ordinance, the commission	446
shall approve the sample note for use by the municipal	447
corporation, county, or township. The form and content of the	448
notes to be used by the municipal corporation, county, or township	449
in issuing the local government fund notes may be modified at any	450
time subsequent to the commission's approval of the sample note	451
upon the approval of the commission and the director of law,	452
prosecuting attorney, or other chief legal officer of the	453
municipal corporation, county, or township. The failure of the	454
director of law, prosecuting attorney, or other chief legal	455
officer of the municipal corporation, county, or township to make	456
the certification required by this division shall not subject that	457
legal officer to removal pursuant to the Revised Code or the	458
charter of a municipal corporation. If the director of law,	459
prosecuting attorney, or other chief legal officer fails or	460
refuses to make the certification required by this division, or if	461
any officer of the municipal corporation, county, or township	462
fails or refuses to take any action required by this section or	463
the ordinance or resolution authorizing the issuance or sale of	464
local government fund notes, the mayor of the municipal	465
corporation or the board of county commissioners or board of	466
township trustees may cause the commencement of a mandamus action	467
in the supreme court against the director of law, prosecuting	468
attorney, or other chief legal officer to secure the certification	469
required by this division or other action required by this section	470
or the ordinance or resolution. If an adjudication of the matters	471
that could be adjudicated in validation proceedings under section	472
133.70 of the Revised Code is necessary to a determination of the	473
mandamus action, the mayor, the board of county commissioners, or	474
the board of township trustees or the mayor's or board's legal	475
counsel shall name and cause to be served as defendants to the	476
mandamus action all of the following:	477

(1) The director of law, prosecuting attorney, or other chief	478
legal officer, or other official of the municipal corporation,	479
county, or township, whose failure or refusal to act necessitated	480
the action;	481

(2) The municipal corporation, through its mayor, or the	482
board of county commissioners or board of township trustees;	483

(3) The financial planning and supervision commission,	484
through its chairperson;	485

(4) The prosecuting attorney and auditor of each county in	486
which the municipal corporation, county, or township is located,	487
in whole or in part;	488

(5) The auditor of state;

489

(6) The property owners, taxpayers, citizens of the municipal	490
corporation, county, or township and others having or claiming any	491
right, title, or interest in any property or funds to be affected	492
by the issuance of the local government fund notes by the	493
municipal corporation, county, or township, or otherwise affected	494
in any way thereby.	495

Service upon all defendants described in division (J)(6) of	496
this section shall be either by publication three times, with at	497
least six days between each publication, in a newspaper of general	498
circulation in Franklin county and a newspaper of general	499
circulation in the county or counties where the municipal	500
corporation, county, or township is located, or by publication in	501
both such newspapers as provided in section 7.16 of the Revised	502
Code. The publication and the notice shall indicate that the	503
nature of the action is in mandamus, the name of the parties to	504
the action, and that the action may result in the validation of	505
the subject local government fund notes. Authorization to commence	506
such an action by the legislative authority of the municipal	507
corporation, county, or township is not required.	508

A copy of the complaint in the mandamus action shall be	509
served personally or by certified mail upon the attorney general.	510
If the attorney general has reason to believe that the complaint	511
is defective, insufficient, or untrue, or if in the attorney	512
general's opinion the issuance of the local government fund notes	513
is not lawful or has not been duly authorized, defense shall be	514
made to the complaint as the attorney general considers proper.	515

(K) The action in mandamus authorized by division (J) of this	516
section shall take priority over all other civil cases pending in	517
the court, except habeas corpus, and shall be determined with the	518
least possible delay. The supreme court may determine that the	519
local government fund notes will be consistent with the purpose	520
and effects, including not occupying the indirect debt limit,	521
provided for in this section and will be validly issued and	522
acquired. Such a determination shall include a finding of	523
validation of the subject local government fund notes if the court	524
specifically finds that:	525

(1) The complaint in mandamus, or subsequent pleadings,	526
include appropriate allegations required by division (C) of	527
section 133.70 of the Revised Code, and that the proceeding is in	528
lieu of an action to validate under section 133.70 of the Revised	529
Code;	530

(2) All parties described in divisions (J)(1) to (6) of this	531
section have been duly served with notice or are otherwise	532
properly before the court;	533

(3) Notice of the action has been published as required by	534
division (J) of this section;	535

(4) The effect of validation is required to provide a	536
complete review and determination of the controversy in mandamus,	537
and to avoid duplication of litigation, danger of inconsistent	538
results, or inordinate delay in light of the fiscal emergency, or	539
that a disposition in the mandamus action would, as a practical	540
matter, be dispositive of any subsequent validation proceedings	541
under section 133.70 of the Revised Code.	542

(L) Any decision that includes a finding of validation has	543
the same effect as a validation order established by an action	544
under section 133.70 of the Revised Code.	545

(M) Divisions (J) and (K) of this section do not prevent a	546
municipal corporation, county, or township from using section	547
133.70 of the Revised Code to validate local government fund notes	548
by the filing of a petition for validation in the court of common	549
pleas of the county in which the municipal corporation, county, or	550
township is located, in whole or in part.	551

(N) It is hereby determined by the general assembly that a	552
validation action authorized by section 133.70 of the Revised Code	553
is not an adequate remedy at law with respect to a municipal	554
corporation, county, or township that is a party to a mandamus	555
action pursuant to divisions (J) and (K) of this section and in	556
which a fiscal emergency condition has been determined to exist	557
pursuant to section 118.04 of the Revised Code because of, but not	558
limited to, the following reasons:	559

(1) It is urgently necessary for such a municipal	560
corporation, county, or township to take prompt action to issue	561
local government fund notes for the purposes provided in division	562
(C) of this section;	563

(2) The potentially ruinous effect upon the fiscal condition	564
of a municipal corporation, county, or township by the passage of	565
the time required to adjudicate such a separate validation action	566
and any appeals thereof;	567

(3) The reasons stated in division (K)(4) of this section.

568

Sec. 131.23. The various political subdivisions of this	569
state may issue bonds, and any indebtedness created by that	570
issuance shall not be subject to the limitations or included in	571
the calculation of indebtedness prescribed by sections 133.05,	572
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may	573
be issued only under the following conditions:	574

(A) The subdivision desiring to issue the bonds shall obtain	575
from the county auditor a certificate showing the total amount of	576
delinquent taxes due and unpayable to the subdivision at the last	577
semiannual tax settlement.	578

(B) The fiscal officer of that subdivision shall prepare a	579
statement, from the books of the subdivision, verified by the	580
fiscal officer under oath, which shall contain the following facts	581
of the subdivision:	582

(1) The total bonded indebtedness;

583

(2) The aggregate amount of notes payable or outstanding	584
accounts of the subdivision, incurred prior to the commencement of	585
the current fiscal year, which shall include all evidences of	586
indebtedness issued by the subdivision except notes issued in	587
anticipation of bond issues and the indebtedness of any	588
nontax-supported public utility;	589

(3) Except in the case of school districts, the aggregate	590
current year's requirement for disability financial assistance and	591
disability medical assistance provided under Chapter 5115. of the	592
Revised Code that the subdivision is unable to finance except by	593
the issue of bonds;	594

(4) The indebtedness outstanding through the issuance of any	595
bonds or notes pledged or obligated to be paid by any delinquent	596
taxes;	597

(5) The total of any other indebtedness;

598

(6) The net amount of delinquent taxes unpledged to pay any	599
bonds, notes, or certificates, including delinquent assessments on	600
improvements on which the bonds have been paid;	601

(7) The budget requirements for the fiscal year for bond and	602
note retirement;	603

(8) The estimated revenue for the fiscal year.

604

(C) The certificate and statement provided for in divisions	605
(A) and (B) of this section shall be forwarded to the tax	606
commissioner, together with a request for authority to issue bonds	607
of the subdivision in an amount not to exceed seventy per cent of	608
the net unobligated delinquent taxes and assessments due and owing	609
to the subdivision, as set forth in division (B)(6) of this	610
section.	611

(D) No subdivision may issue bonds under this section in	612
excess of a sufficient amount to pay the indebtedness of the	613
subdivision as shown by division (B)(2) of this section and,	614
except in the case of school districts, to provide funds for	615
disability financial assistance and disability medical assistance,	616
as shown by division (B)(3) of this section.	617

(E) The tax commissioner shall grant to the subdivision	618
authority requested by the subdivision as restricted by divisions	619
(C) and (D) of this section and shall make a record of the	620
certificate, statement, and grant in a record book devoted solely	621
to such recording and which shall be open to inspection by the	622
public.	623

(F) The commissioner shall immediately upon issuing the	624
authority provided in division (E) of this section notify the	625
proper authority having charge of the retirement of bonds of the	626
subdivision by forwarding a copy of the grant of authority and of	627
the statement provided for in division (B) of this section.	628

(G) Upon receipt of authority, the subdivision shall proceed	629
according to law to issue the amount of bonds authorized by the	630
commissioner, and authorized by the taxing authority, provided the	631
taxing authority of that subdivision may submit, by resolution, to	632
the electors of that subdivision the question of issuing the	633
bonds. The resolution shall make the declarations and statements	634
required by section 133.18 of the Revised Code. The county auditor	635
and taxing authority shall thereupon proceed as set forth in	636
divisions (C) and (D) of that section. The election on the	637
question of issuing the bonds shall be held under divisions (E),	638
(F), and (G) of that section, except that publication of the	639
notice of the election shall be made on two separate days prior to	640
the election in ~~one or more newspapers~~a newspaper of general	641
circulation in the subdivision~~, and, if~~or as provided in section	642
7.16 of the Revised Code. If the board of elections operates and	643
maintains a web site, notice of the election also shall be posted	644
on that web site for thirty days prior to the election. The bonds	645
may be exchanged at their face value with creditors of the	646
subdivision in liquidating the indebtedness described and	647
enumerated in division (B)(2) of this section or may be sold as	648
provided in Chapter 133. of the Revised Code, and in either event	649
shall be uncontestable.	650

(H) The per cent of delinquent taxes and assessments	651
collected for and to the credit of the subdivision after the	652
exchange or sale of bonds as certified by the commissioner shall	653
be paid to the authority having charge of the sinking fund of the	654
subdivision, which money shall be placed in a separate fund for	655
the purpose of retiring the bonds so issued. The proper authority	656
of the subdivisions shall provide for the levying of a tax	657
sufficient in amount to pay the debt charges on all such bonds	658
issued under this section.	659

(I) This section is for the sole purpose of assisting the	660
various subdivisions in paying their unsecured indebtedness, and	661
providing funds for disability financial assistance and disability	662
medical assistance. The bonds issued under authority of this	663
section shall not be used for any other purpose, and any exchange	664
for other purposes, or the use of the money derived from the sale	665
of the bonds by the subdivision for any other purpose, is	666
misapplication of funds.	667

(J) The bonds authorized by this section shall be redeemable	668
or payable in not to exceed ten years from date of issue and shall	669
not be subject to or considered in calculating the net	670
indebtedness of the subdivision. The budget commission of the	671
county in which the subdivision is located shall annually allocate	672
such portion of the then delinquent levy due the subdivision which	673
is unpledged for other purposes to the payment of debt charges on	674
the bonds issued under authority of this section.	675

(K) The issue of bonds under this section shall be governed	676
by Chapter 133. of the Revised Code, respecting the terms used,	677
forms, manner of sale, and redemption except as otherwise provided	678
in this section.	679

The board of county commissioners of any county may issue	680
bonds authorized by this section and distribute the proceeds of	681
the bond issues to any or all of the cities and townships of the	682
county, according to their relative needs for disability financial	683
assistance and disability medical assistance as determined by the	684
county.	685

All sections of the Revised Code inconsistent with or	686
prohibiting the exercise of the authority conferred by this	687
section are inoperative respecting bonds issued under this	688
section.	689

Sec. 133.18. (A) The taxing authority of a subdivision may	690
by legislation submit to the electors of the subdivision the	691
question of issuing any general obligation bonds, for one purpose,	692
that the subdivision has power or authority to issue.	693

(B) When the taxing authority of a subdivision desires or is	694
required by law to submit the question of a bond issue to the	695
electors, it shall pass legislation that does all of the	696
following:	697

(1) Declares the necessity and purpose of the bond issue;

698

(2) States the date of the authorized election at which the	699
question shall be submitted to the electors;	700

(3) States the amount, approximate date, estimated rate of	701
interest, and maximum number of years over which the principal of	702
the bonds may be paid;	703

(4) Declares the necessity of levying a tax outside the tax	704
limitation to pay the debt charges on the bonds and any	705
anticipatory securities.	706

The estimated rate of interest, and any statutory or charter	707
limit on interest rates that may then be in effect and that is	708
subsequently amended, shall not be a limitation on the actual	709
interest rate or rates on the securities when issued.	710

(C)(1) The taxing authority shall certify a copy of the	711
legislation passed under division (B) of this section to the	712
county auditor. The county auditor shall promptly calculate and	713
advise and, not later than seventy-five days before the election,	714
confirm that advice by certification to, the taxing authority the	715
estimated average annual property tax levy, expressed in cents or	716
dollars and cents for each one hundred dollars of tax valuation	717
and in mills for each one dollar of tax valuation, that the county	718
auditor estimates to be required throughout the stated maturity of	719
the bonds to pay the debt charges on the bonds. In calculating the	720
estimated average annual property tax levy for this purpose, the	721
county auditor shall assume that the bonds are issued in one	722
series bearing interest and maturing in substantially equal	723
principal amounts in each year over the maximum number of years	724
over which the principal of the bonds may be paid as stated in	725
that legislation, and that the amount of the tax valuation of the	726
subdivision for the current year remains the same throughout the	727
maturity of the bonds, except as otherwise provided in division	728
(C)(2) of this section. If the tax valuation for the current year	729
is not determined, the county auditor shall base the calculation	730
on the estimated amount of the tax valuation submitted by the	731
county auditor to the county budget commission. If the subdivision	732
is located in more than one county, the county auditor shall	733
obtain the assistance of the county auditors of the other	734
counties, and those county auditors shall provide assistance, in	735
establishing the tax valuation of the subdivision for purposes of	736
certifying the estimated average annual property tax levy.	737

(2) When considering the tangible personal property component	738
of the tax valuation of the subdivision, the county auditor shall	739
take into account the assessment percentages prescribed in section	740
5711.22 of the Revised Code. The tax commissioner may issue rules,	741
orders, or instructions directing how the assessment percentages	742
must be utilized.	743

(D) After receiving the county auditor's advice under	744
division (C) of this section, the taxing authority by legislation	745
may determine to proceed with submitting the question of the issue	746
of securities, and shall, not later than the seventy-fifth day	747
before the day of the election, file the following with the board	748
of elections:	749

(1) Copies of the legislation provided for in divisions (B)	750
and (D) of this section;	751

(2) The amount of the estimated average annual property tax	752
levy, expressed in cents or dollars and cents for each one hundred	753
dollars of tax valuation and in mills for each one dollar of tax	754
valuation, as estimated and certified to the taxing authority by	755
the county auditor.	756

(E)(1) The board of elections shall prepare the ballots and	757
make other necessary arrangements for the submission of the	758
question to the electors of the subdivision. If the subdivision is	759
located in more than one county, the board shall inform the boards	760
of elections of the other counties of the filings with it, and	761
those other boards shall if appropriate make the other necessary	762
arrangements for the election in their counties. The election	763
shall be conducted, canvassed, and certified in the manner	764
provided in Title XXXV of the Revised Code.	765

(2) The election shall be held at the regular places for	766
voting in the subdivision. If the electors of only a part of a	767
precinct are qualified to vote at the election the board of	768
elections may assign the electors in that part to an adjoining	769
precinct, including an adjoining precinct in another county if the	770
board of elections of the other county consents to and approves	771
the assignment. Each elector so assigned shall be notified of that	772
fact prior to the election by notice mailed by the board of	773
elections, in such manner as it determines, prior to the election.	774

(3) The board of elections shall publish a notice of the	775
election,once in ~~one or more newspapers~~a newspaper of general	776
circulation in the subdivision, ~~at least once~~ no later than ten	777
days prior to the election. The notice shall state all of the	778
following:	779

(a) The principal amount of the proposed bond issue;

780

(b) The stated purpose for which the bonds are to be issued;

781

(c) The maximum number of years over which the principal of	782
the bonds may be paid;	783

(d) The estimated additional average annual property tax	784
levy, expressed in cents or dollars and cents for each one hundred	785
dollars of tax valuation and in mills for each one dollar of tax	786
valuation, to be levied outside the tax limitation, as estimated	787
and certified to the taxing authority by the county auditor;	788

(e) The first calendar year in which the tax is expected to	789
be due.	790

(F)(1) The form of the ballot to be used at the election	791
shall be substantially either of the following, as applicable:	792

(a) "Shall bonds be issued by the ............ (name of	793
subdivision) for the purpose of ........... (purpose of the bond	794
issue) in the principal amount of .......... (principal amount of	795
the bond issue), to be repaid annually over a maximum period of	796
.......... (the maximum number of years over which the principal	797
of the bonds may be paid) years, and an annual levy of property	798
taxes be made outside the .......... (as applicable, "ten-mill" or	799
"...charter tax") limitation, estimated by the county auditor to	800
average over the repayment period of the bond issue ..........	801
(number of mills) mills for each one dollar of tax valuation,	802
which amounts to .......... (rate expressed in cents or dollars	803
and cents, such as "36 cents" or "$1.41") for each one hundred	804
dollars of tax valuation, commencing in .......... (first year the	805
tax will be levied), first due in calendar year .......... (first	806
calendar year in which the tax shall be due), to pay the annual	807
debt charges on the bonds, and to pay debt charges on any notes	808
issued in anticipation of those bonds?	809

810

		For the bond issue			811
		Against the bond issue	"		812

813

(b) In the case of an election held pursuant to legislation	814
adopted under section 3375.43 or 3375.431 of the Revised Code:	815

"Shall bonds be issued for .......... (name of library) for	816
the purpose of .......... (purpose of the bond issue), in the	817
principal amount of .......... (amount of the bond issue) by	818
.......... (the name of the subdivision that is to issue the bonds	819
and levy the tax) as the issuer of the bonds, to be repaid	820
annually over a maximum period of .......... (the maximum number	821
of years over which the principal of the bonds may be paid) years,	822
and an annual levy of property taxes be made outside the ten-mill	823
limitation, estimated by the county auditor to average over the	824
repayment period of the bond issue .......... (number of mills)	825
mills for each one dollar of tax valuation, which amounts to	826
.......... (rate expressed in cents or dollars and cents, such as	827
"36 cents" or "$1.41") for each one hundred dollars of tax	828
valuation, commencing in .......... (first year the tax will be	829
levied), first due in calendar year .......... (first calendar	830
year in which the tax shall be due), to pay the annual debt	831
charges on the bonds, and to pay debt charges on any notes issued	832
in anticipation of those bonds?	833

834

		For the bond issue			835
		Against the bond issue	"		836

837

(2) The purpose for which the bonds are to be issued shall be	838
printed in the space indicated, in boldface type.	839

(G) The board of elections shall promptly certify the results	840
of the election to the tax commissioner, the county auditor of	841
each county in which any part of the subdivision is located, and	842
the fiscal officer of the subdivision. The election, including the	843
proceedings for and result of the election, is incontestable other	844
than in a contest filed under section 3515.09 of the Revised Code	845
in which the plaintiff prevails.	846

(H) If a majority of the electors voting upon the question	847
vote for it, the taxing authority of the subdivision may proceed	848
under sections 133.21 to 133.33 of the Revised Code with the	849
issuance of the securities and with the levy and collection of a	850
property tax outside the tax limitation during the period the	851
securities are outstanding sufficient in amount to pay the debt	852
charges on the securities, including debt charges on any	853
anticipatory securities required to be paid from that tax. If	854
legislation passed under section 133.22 or 133.23 of the Revised	855
Code authorizing those securities is filed with the county auditor	856
on or before the last day of November, the amount of the voted	857
property tax levy required to pay debt charges or estimated debt	858
charges on the securities payable in the following year shall if	859
requested by the taxing authority be included in the taxes levied	860
for collection in the following year under section 319.30 of the	861
Revised Code.	862

(I)(1) If, before any securities authorized at an election	863
under this section are issued, the net indebtedness of the	864
subdivision exceeds that applicable to that subdivision or those	865
securities, then and so long as that is the case none of the	866
securities may be issued.	867

(2) No securities authorized at an election under this	868
section may be initially issued after the first day of the sixth	869
January following the election, but this period of limitation	870
shall not run for any time during which any part of the permanent	871
improvement for which the securities have been authorized, or the	872
issuing or validity of any part of the securities issued or to be	873
issued, or the related proceedings, is involved or questioned	874
before a court or a commission or other tribunal, administrative	875
agency, or board.	876

(3) Securities representing a portion of the amount	877
authorized at an election that are issued within the applicable	878
limitation on net indebtedness are valid and in no manner affected	879
by the fact that the balance of the securities authorized cannot	880
be issued by reason of the net indebtedness limitation or lapse of	881
time.	882

(4) Nothing in this division (I) shall be interpreted or	883
applied to prevent the issuance of securities in an amount to fund	884
or refund anticipatory securities lawfully issued.	885

(5) The limitations of divisions (I)(1) and (2) of this	886
section do not apply to any securities authorized at an election	887
under this section if at least ten per cent of the principal	888
amount of the securities, including anticipatory securities,	889
authorized has theretofore been issued, or if the securities are	890
to be issued for the purpose of participating in any federally or	891
state-assisted program.	892

(6) The certificate of the fiscal officer of the subdivision	893
is conclusive proof of the facts referred to in this division.	894

Sec. 133.55. Before adopting any reassessment provided for	895
in section 133.54 of the Revised Code, the fiscal officer shall	896
prepare and file for public inspection a list containing the names	897
of the owners, a tax duplicate description of each parcel of land	898
on which the reassessment will be levied, and the total amount to	899
be reassessed, separately stated as to each parcel, and the taxing	900
authority shall publish notice for two consecutive weeks in a	901
newspaper of general circulation in the political subdivision, or	902
as provided in section 7.16 of the Revised Code, that such	903
reassessment has been prepared by the fiscal officer and that it	904
is on file in ~~his~~the fiscal officer's office for the inspection	905
and examination of the persons interested therein. Sections	906
727.13, 727.15, and 727.16 of the Revised Code do not apply to any	907
such assessments, but any person may file objections in writing	908
with the fiscal officer within one week after the expiration of	909
such notice and the taxing authority shall hear and determine any	910
such objections at its next meeting. Such objections shall be	911
limited solely to matters of description of parcels and owners and	912
of computations of amounts, and no matters concluded by any	913
proceedings on the original assessments shall form the basis for	914
any such objections. When the reassessment list is confirmed by	915
the taxing authority, it shall be complete and final and shall be	916
recorded in the office of the fiscal officer.	917

Sec. 135.05. Each governing board shall, at least three	918
weeks prior to the date when it is required by section 135.12 of	919
the Revised Code to designate public depositories, by resolution,	920
estimate the aggregate maximum amount of public moneys subject to	921
its control to be awarded and be on deposit as inactive deposits.	922
The state board of deposit shall cause a copy of such resolution,	923
together with a notice of the date on which the meeting of the	924
board for the designation of such depositories will be held and	925
the period for which such inactive deposits will be awarded, to be	926
published once a week for two consecutive weeks in two newspapers	927
of general circulation in each of the three most populous	928
counties. The governing board of each subdivision shall cause a	929
copy of such resolution, together with a notice of the date on	930
which the meeting of the board for the designation of such	931
depositories will be held and the period for which such inactive	932
deposits will be awarded, to be published once a week for two	933
consecutive weeks in ~~two newspapers~~a newspaper of ~~opposite~~	934
~~politics and of~~ general circulation in the county or as provided	935
in section 7.16 of the Revised Code. If a subdivision is located	936
in more than one county, such publication shall be made in	937
~~newspapers published~~a newspaper of general circulation in the	938
county in which the major part of such subdivision is located,	939
and of general circulation in the subdivision. A written notice	940
stating the aggregate maximum amount to be awarded as inactive	941
deposits of the subdivision shall be given to each eligible	942
depository by the governing board at the time the first	943
publication is made in the ~~newspapers~~newspaper.	944

All deposits of the public moneys of the state or any	945
subdivision made during the period covered by the designation in	946
excess of the aggregate amount so estimated shall be active	947
deposits or interim deposits. Inactive, interim, and active	948
deposits shall be separately awarded, made, and administered as	949
provided by sections 135.01 to 135.21~~, inclusive,~~ of the Revised	950
Code.	951

Sec. 301.02. Previous to the presentation of a petition to	952
the general assembly praying that a new county be erected, or for	953
the location or relocation of a county seat, notice of the	954
intention to present such petition shall be given, at least thirty	955
days before the ensuing session of the general assembly, by	956
advertisement in a newspaper ~~published~~of general circulation in	957
each county from which such new county is intended to be taken. If	958
no ~~paper~~newspaper is ~~printed~~of general circulation within the	959
county, notice shall be given by advertisement affixed to the door	960
of the house where courts are held for such county, for such	961
period of thirty days. The notice shall set forth the boundary	962
lines of the new county, or the place where it is proposed to	963
locate such county seat.	964

Sec. 301.15. Within sixty days after their appointment, the	965
commissioners provided for by section 301.14 of the Revised Code,	966
or any two of them, shall assemble at some convenient place in the	967
new county. Twenty days' notice of the time, place, and purpose of	968
such meeting shall be given by publication in a newspaper	969
~~published in and circulated~~of general circulation in ~~such~~the	970
county, or by being posted in three of the most public places in	971
such county. When assembled, after having taken the oath of office	972
prescribed by sections 3.22 and 3.23 of the Revised Code, such	973
commissioners shall proceed to examine and select the most proper	974
place as a seat of justice, as near the center of the county as	975
possible, having regard to the situation, extent of population,	976
quality of land, and the convenience and interest of the	977
inhabitants.	978

Sec. 301.28. (A) As used in this section:

979

(1) "Financial transaction device" includes a credit card,	980
debit card, charge card, or prepaid or stored value card, or	981
automated clearinghouse network credit, debit, or e-check entry	982
that includes, but is not limited to, accounts receivable and	983
internet-initiated, point of purchase, and telephone-initiated	984
applications or any other device or method for making an	985
electronic payment or transfer of funds.	986

(2) "County expenses" includes fees, costs, taxes,	987
assessments, fines, penalties, payments, or any other expense a	988
person owes to a county office under the authority of a county	989
official other than dog registration and kennel fees required to	990
be paid under Chapter 955. of the Revised Code.	991

(3) "County official" includes the county auditor, county	992
treasurer, county engineer, county recorder, county prosecuting	993
attorney, county sheriff, county coroner, county park district	994
and board of county commissioners, the clerk of the probate	995
court, the clerk of the juvenile court, the clerks of court for	996
all divisions of the courts of common pleas, and the clerk of the	997
court of common pleas, the clerk of a county-operated municipal	998
court, and the clerk of a county court.	999

The term "county expenses" includes county expenses owed to	1000
the board of health of the general health district or a combined	1001
health district in the county. If the board of county	1002
commissioners authorizes county expenses to be paid by financial	1003
transaction devices under this section, then the board of health	1004
and the general health district and the combined health district	1005
may accept payments by financial transaction devices under this	1006
section as if the board were a "county official" and the district	1007
were a county office. However, in the case of a general health	1008
district formed by unification of general health districts under	1009
section 3709.10 of the Revised Code, this entitlement applies only	1010
if all the boards of county commissioners of all counties in the	1011
district have authorized payments to be accepted by financial	1012
transaction devices.	1013

(B) Notwithstanding any other section of the Revised Code and	1014
except as provided in division (D) of this section, a board of	1015
county commissioners may adopt a resolution authorizing the	1016
acceptance of payments by financial transaction devices for county	1017
expenses. The resolution shall include the following:	1018

(1) A specification of those county officials who, and of	1019
the county offices under those county officials that, are	1020
authorized to accept payments by financial transaction devices;	1021

(2) A list of county expenses that may be paid for through	1022
the use of a financial transaction device;	1023

(3) Specific identification of financial transaction devices	1024
that the board authorizes as acceptable means of payment for	1025
county expenses. Uniform acceptance of financial transaction	1026
devices among different types of county expenses is not required.	1027

(4) The amount, if any, authorized as a surcharge or	1028
convenience fee under division (E) of this section for persons	1029
using a financial transaction device. Uniform application of	1030
surcharges or convenience fees among different types of county	1031
expenses is not required.	1032

(5) A specific provision as provided in division (G) of this	1033
section requiring the payment of a penalty if a payment made by	1034
means of a financial transaction device is returned or dishonored	1035
for any reason.	1036

The board's resolution shall also designate the county	1037
treasurer as an administrative agent to solicit proposals, within	1038
guidelines established by the board in the resolution and in	1039
compliance with the procedures provided in division (C) of this	1040
section, from financial institutions, issuers of financial	1041
transaction devices, and processors of financial transaction	1042
devices, to make recommendations about those proposals to the	1043
board, and to assist county offices in implementing the county's	1044
financial transaction devices program. The county treasurer may	1045
decline this responsibility within thirty days after receiving a	1046
copy of the board's resolution by notifying the board in writing	1047
within that period. If the treasurer so notifies the board, the	1048
board shall perform the duties of the administrative agent.	1049

If the county treasurer is the administrative agent and fails	1050
to administer the county financial transaction devices program in	1051
accordance with the guidelines in the board's resolution, the	1052
board shall notify the treasurer in writing of the board's	1053
findings, explain the failures, and give the treasurer six months	1054
to correct the failures. If the treasurer fails to make the	1055
appropriate corrections within that six-month period, the board	1056
may pass a resolution declaring the board to be the administrative	1057
agent. The board may later rescind that resolution at its	1058
discretion.	1059

(C) The county shall follow the procedures provided in this	1060
division whenever it plans to contract with financial	1061
institutions, issuers of financial transaction devices, or	1062
processors of financial transaction devices for the purposes of	1063
this section. The administrative agent shall request proposals	1064
from at least three financial institutions, issuers of financial	1065
transaction devices, or processors of financial transaction	1066
devices, as appropriate in accordance with the resolution adopted	1067
under division (B) of this section. Prior to sending any financial	1068
institution, issuer, or processor a copy of any such request, the	1069
county shall advertise its intent to request proposals in a	1070
newspaper of general circulation in the county once a week for two	1071
consecutive weeks or as provided in section 7.16 of the Revised	1072
Code. The notice shall state that the county intends to request	1073
proposals; specify the purpose of the request; indicate the date,	1074
which shall be at least ten days after the second publication, on	1075
which the request for proposals will be mailed to financial	1076
institutions, issuers, or processors; and require that any	1077
financial institution, issuer, or processor, whichever is	1078
appropriate, interested in receiving the request for proposals	1079
submit written notice of this interest to the county not later	1080
than noon of the day on which the request for proposals will be	1081
mailed.	1082

Upon receiving the proposals, the administrative agent shall	1083
review them and make a recommendation to the board of county	1084
commissioners on which proposals to accept. The board of county	1085
commissioners shall consider the agent's recommendation and review	1086
all proposals submitted, and then may choose to contract with any	1087
or all of the entities submitting proposals, as appropriate. The	1088
board shall provide any financial institution, issuer, or	1089
processor that submitted a proposal, but with which the board does	1090
not enter into a contract, notice that its proposal is rejected.	1091
The notice shall state the reasons for the rejection, indicate	1092
whose proposals were accepted, and provide a copy of the terms and	1093
conditions of the successful bids.	1094

(D) A board of county commissioners adopting a resolution	1095
under this section shall send a copy of the resolution to each	1096
county official in the county who is authorized by the resolution	1097
to accept payments by financial transaction devices. After	1098
receiving the resolution and before accepting payments by	1099
financial transaction devices, a county official shall provide	1100
written notification to the board of county commissioners of the	1101
official's intent to implement the resolution within the	1102
official's office. Each county office subject to the board's	1103
resolution adopted under division (B) of this section may use only	1104
the financial institutions, issuers of financial transaction	1105
devices, and processors of financial transaction devices with	1106
which the board of county commissioners contracts, and each such	1107
office is subject to the terms of those contracts.	1108

If a county office under the authority of a county official	1109
is directly responsible for collecting one or more county expenses	1110
and the county official determines not to accept payments by	1111
financial transaction devices for one or more of those expenses,	1112
the office shall not be required to accept payments by financial	1113
transaction devices, notwithstanding the adoption of a resolution	1114
by the board of county commissioners under this section.	1115

Any office of a clerk of the court of common pleas that	1116
accepts financial transaction devices on or before July 1, 1999,	1117
and any other county office that accepted such devices before	1118
January 1, 1998, may continue to accept such devices without being	1119
subject to any resolution passed by the board of county	1120
commissioners under division (B) of this section, or any other	1121
oversight by the board of the office's financial transaction	1122
devices program. Any such office may use surcharges or convenience	1123
fees in any manner the county official in charge of the office	1124
determines to be appropriate, and, if the county treasurer	1125
consents, may appoint the county treasurer to be the office's	1126
administrative agent for purposes of accepting financial	1127
transaction devices. In order not to be subject to the resolution	1128
of the board of county commissioners adopted under division (B) of	1129
this section, a county office shall notify the board in writing	1130
within thirty days after March 30, 1999, that it accepted	1131
financial transaction devices prior to January 1, 1998, or, in the	1132
case of the office of a clerk of the court of common pleas, the	1133
clerk has accepted or will accept such devices on or before July	1134
1, 1999. Each such notification shall explain how processing costs	1135
associated with financial transaction devices are being paid and	1136
shall indicate whether surcharge or convenience fees are being	1137
passed on to consumers.	1138

(E) A board of county commissioners may establish a surcharge	1139
or convenience fee that may be imposed upon a person making	1140
payment by a financial transaction device. The surcharge or	1141
convenience fee shall not be imposed unless authorized or	1142
otherwise permitted by the rules prescribed by an agreement	1143
governing the use and acceptance of the financial transaction	1144
device.	1145

If a surcharge or convenience fee is imposed, every county	1146
office accepting payment by a financial transaction device,	1147
regardless of whether that office is subject to a resolution	1148
adopted by a board of county commissioners, shall clearly post a	1149
notice in that office and shall notify each person making a	1150
payment by such a device about the surcharge or fee. Notice to	1151
each person making a payment shall be provided regardless of the	1152
medium used to make the payment and in a manner appropriate to	1153
that medium. Each notice shall include all of the following:	1154

(1) A statement that there is a surcharge or convenience fee	1155
for using a financial transaction device;	1156

(2) The total amount of the charge or fee expressed in	1157
dollars and cents for each transaction, or the rate of the charge	1158
or fee expressed as a percentage of the total amount of the	1159
transaction, whichever is applicable;	1160

(3) A clear statement that the surcharge or convenience fee	1161
is nonrefundable.	1162

(F) If a person elects to make a payment to the county by a	1163
financial transaction device and a surcharge or convenience fee is	1164
imposed, the payment of the surcharge or fee shall be considered	1165
voluntary and the surcharge or fee is not refundable.	1166

(G) If a person makes payment by financial transaction device	1167
and the payment is returned or dishonored for any reason, the	1168
person is liable to the county for payment of a penalty over and	1169
above the amount of the expense due. The board of county	1170
commissioners shall determine the amount of the penalty, which may	1171
be either a fee not to exceed twenty dollars or payment of the	1172
amount necessary to reimburse the county for banking charges,	1173
legal fees, or other expenses incurred by the county in collecting	1174
the returned or dishonored payment. The remedies and procedures	1175
provided in this section are in addition to any other available	1176
civil or criminal remedies provided by law.	1177

(H) No person making any payment by financial transaction	1178
device to a county office shall be relieved from liability for the	1179
underlying obligation except to the extent that the county	1180
realizes final payment of the underlying obligation in cash or its	1181
equivalent. If final payment is not made by the financial	1182
transaction device issuer or other guarantor of payment in the	1183
transaction, the underlying obligation shall survive and the	1184
county shall retain all remedies for enforcement that would have	1185
applied if the transaction had not occurred.	1186

(I) A county official or employee who accepts a financial	1187
transaction device payment in accordance with this section and any	1188
applicable state or local policies or rules is immune from	1189
personal liability for the final collection of such payments.	1190

Sec. 306.35. Upon the creation of a regional transit	1191
authority as provided by section 306.32 of the Revised Code, and	1192
upon the qualifying of its board of trustees and the election of a	1193
president and a vice-president, the authority shall exercise in	1194
its own name all the rights, powers, and duties vested in and	1195
conferred upon it by sections 306.30 to 306.53 of the Revised	1196
Code. Subject to any reservations, limitations, and qualifications	1197
that are set forth in those sections, the regional transit	1198
authority:	1199

(A) May sue or be sued in its corporate name;

1200

(B) May make contracts in the exercise of the rights, powers,	1201
and duties conferred upon it;	1202

(C) May adopt and at will alter a seal and use such seal by	1203
causing it to be impressed, affixed, reproduced, or otherwise	1204
used, but failure to affix the seal shall not affect the validity	1205
of any instrument;	1206

(D)(1) May adopt, amend, and repeal bylaws for the	1207
administration of its affairs and rules for the control of the	1208
administration and operation of transit facilities under its	1209
jurisdiction, and for the exercise of all of its rights of	1210
ownership in those transit facilities;	1211

(2) The regional transit authority also may adopt bylaws and	1212
rules for the following purposes:	1213

(a) To prohibit selling, giving away, or using any beer or	1214
intoxicating liquor on transit vehicles or transit property;	1215

(b) For the preservation of good order within or on transit	1216
vehicles or transit property;	1217

(c) To provide for the protection and preservation of all	1218
property and life within or on transit vehicles or transit	1219
property;	1220

(d) To regulate and enforce the collection of fares.

1221

(3) Before a bylaw or rule adopted under division (D)(2) of	1222
this section takes effect, the regional transit authority shall	1223
provide for a notice of its adoption to be published once a week	1224
for two consecutive weeks in a newspaper of general circulation	1225
within the territorial boundaries of the regional transit	1226
authority, or as provided in section 7.16 of the Revised Code.	1227

(4) No person shall violate any bylaw or rule of a regional	1228
transit authority adopted under division (D)(2) of this section.	1229

(E) May fix, alter, and collect fares, rates, and rentals and	1230
other charges for the use of transit facilities under its	1231
jurisdiction to be determined exclusively by it for the purpose of	1232
providing for the payment of the expenses of the regional transit	1233
authority, the acquisition, construction, improvement, extension,	1234
repair, maintenance, and operation of transit facilities under its	1235
jurisdiction, the payment of principal and interest on its	1236
obligations, and to fulfill the terms of any agreements made with	1237
purchasers or holders of any such obligations, or with any person	1238
or political subdivision;	1239

(F) Shall have jurisdiction, control, possession, and	1240
supervision of all property, rights, easements, licenses, moneys,	1241
contracts, accounts, liens, books, records, maps, or other	1242
property rights and interests conveyed, delivered, transferred, or	1243
assigned to it;	1244

(G) May acquire, construct, improve, extend, repair, lease,	1245
operate, maintain, or manage transit facilities within or without	1246
its territorial boundaries, considered necessary to accomplish the	1247
purposes of its organization and make charges for the use of	1248
transit facilities;	1249

(H) May levy and collect taxes as provided in sections 306.40	1250
and 306.49 of the Revised Code;	1251

(I) May issue bonds secured by its general credit as provided	1252
in section 306.40 of the Revised Code;	1253

(J) May hold, encumber, control, acquire by donation, by	1254
purchase for cash or by installment payments, by lease-purchase	1255
agreement, by lease with option to purchase, or by condemnation,	1256
and may construct, own, lease as lessee or lessor, use, and sell,	1257
real and personal property, or any interest or right in real and	1258
personal property, within or without its territorial boundaries,	1259
for the location or protection of transit facilities and	1260
improvements and access to transit facilities and improvements,	1261
the relocation of buildings, structures, and improvements situated	1262
on lands acquired by the regional transit authority, or for any	1263
other necessary purpose, or for obtaining or storing materials to	1264
be used in constructing, maintaining, and improving transit	1265
facilities under its jurisdiction;	1266

(K) May exercise the power of eminent domain to acquire	1267
property or any interest in property, within or without its	1268
territorial boundaries, that is necessary or proper for the	1269
construction or efficient operation of any transit facility or	1270
access to any transit facility under its jurisdiction in	1271
accordance with section 306.36 of the Revised Code;	1272

(L) May provide by agreement with any county, including the	1273
counties within its territorial boundaries, or any municipal	1274
corporation or any combination of counties or municipal	1275
corporations for the making of necessary surveys, appraisals, and	1276
examinations preliminary to the acquisition or construction of any	1277
transit facility and the amount of the expense for the surveys,	1278
appraisals, and examinations to be paid by each such county or	1279
municipal corporation;	1280

(M) May provide by agreement with any county, including the	1281
counties within its territorial boundaries, or any municipal	1282
corporation or any combination of those counties or municipal	1283
corporations for the acquisition, construction, improvement,	1284
extension, maintenance, or operation of any transit facility owned	1285
or to be owned and operated by it or owned or to be owned and	1286
operated by any such county or municipal corporation and the terms	1287
on which it shall be acquired, leased, constructed, maintained, or	1288
operated, and the amount of the cost and expense of the	1289
acquisition, lease, construction, maintenance, or operation to be	1290
paid by each such county or municipal corporation;	1291

(N) May issue revenue bonds for the purpose of acquiring,	1292
replacing, improving, extending, enlarging, or constructing any	1293
facility or permanent improvement that it is authorized to	1294
acquire, replace, improve, extend, enlarge, or construct,	1295
including all costs in connection with and incidental to the	1296
acquisition, replacement, improvement, extension, enlargement, or	1297
construction, and their financing, as provided by section 306.37	1298
of the Revised Code;	1299

(O) May enter into and supervise franchise agreements for the	1300
operation of a transit system;	1301

(P) May accept the assignment of and supervise an existing	1302
franchise agreement for the operation of a transit system;	1303

(Q) May exercise a right to purchase a transit system in	1304
accordance with the acquisition terms of an existing franchise	1305
agreement; and in connection with the purchase the regional	1306
transit authority may issue revenue bonds as provided by section	1307
306.37 of the Revised Code or issue bonds secured by its general	1308
credit as provided in section 306.40 of the Revised Code;	1309

(R) May apply for and accept grants or loans from the United	1310
States, the state, or any other public body for the purpose of	1311
providing for the development or improvement of transit	1312
facilities, mass transportation facilities, equipment, techniques,	1313
methods, or services, and grants or loans needed to exercise a	1314
right to purchase a transit system pursuant to agreement with the	1315
owner of those transit facilities, or for providing lawful	1316
financial assistance to existing transit systems; and may provide	1317
any consideration that may be required in order to obtain those	1318
grants or loans from the United States, the state, or other public	1319
body, either of which grants or loans may be evidenced by the	1320
issuance of revenue bonds as provided by section 306.37 of the	1321
Revised Code or general obligation bonds as provided by section	1322
306.40 of the Revised Code;	1323

(S) May employ and fix the compensation of consulting	1324
engineers, superintendents, managers, and such other engineering,	1325
construction, accounting and financial experts, attorneys, and	1326
other employees and agents necessary for the accomplishment of its	1327
purposes;	1328

(T) May procure insurance against loss to it by reason of	1329
damages to its properties resulting from fire, theft, accident, or	1330
other casualties or by reason of its liability for any damages to	1331
persons or property occurring in the construction or operation of	1332
transit facilities under its jurisdiction or the conduct of its	1333
activities;	1334

(U) May maintain funds that it considers necessary for the	1335
efficient performance of its duties;	1336

(V) May direct its agents or employees, when properly	1337
identified in writing, after at least five days' written notice,	1338
to enter upon lands within or without its territorial boundaries	1339
in order to make surveys and examinations preliminary to the	1340
location and construction of transit facilities, without liability	1341
to it or its agents or employees except for actual damage done;	1342

(W) On its own motion, may request the appropriate zoning	1343
board, as defined in section 4563.03 of the Revised Code, to	1344
establish and enforce zoning regulations pertaining to any transit	1345
facility under its jurisdiction in the manner prescribed by	1346
sections 4563.01 to 4563.21 of the Revised Code;	1347

(X) If it acquires any existing transit system, shall assume	1348
all the employer's obligations under any existing labor contract	1349
between the employees and management of the system. If the board	1350
acquires, constructs, controls, or operates any such facilities,	1351
it shall negotiate arrangements to protect the interests of	1352
employees affected by the acquisition, construction, control, or	1353
operation. The arrangements shall include, but are not limited to:	1354

(1) The preservation of rights, privileges, and benefits	1355
under existing collective bargaining agreements or otherwise, the	1356
preservation of rights and benefits under any existing pension	1357
plans covering prior service, and continued participation in	1358
social security in addition to participation in the public	1359
employees retirement system as required in Chapter 145. of the	1360
Revised Code;	1361

(2) The continuation of collective bargaining rights;

1362

(3) The protection of individual employees against a	1363
worsening of their positions with respect to their employment;	1364

(4) Assurances of employment to employees of those transit	1365
systems and priority reemployment of employees terminated or laid	1366
off;	1367

(5) Paid training or retraining programs;

1368

(6) Signed written labor agreements.

1369

The arrangements may include provisions for the submission of	1370
labor disputes to final and binding arbitration.	1371

(Y) May provide for and maintain security operations,	1372
including a transit police department, subject to section 306.352	1373
of the Revised Code. Regional transit authority police officers	1374
shall have the power and duty to act as peace officers within	1375
transit facilities owned, operated, or leased by the transit	1376
authority to protect the transit authority's property and the	1377
person and property of passengers, to preserve the peace, and to	1378
enforce all laws of the state and ordinances and regulations of	1379
political subdivisions in which the transit authority operates.	1380
Regional transit authority police officers also shall have the	1381
power and duty to act as peace officers when they render emergency	1382
assistance outside their jurisdiction to any other peace officer	1383
who is not a regional transit authority police officer and who has	1384
arrest authority under section 2935.03 of the Revised Code.	1385
Regional transit authority police officers may render emergency	1386
assistance if there is a threat of imminent physical danger to the	1387
peace officer, a threat of physical harm to another person, or any	1388
other serious emergency situation and if either the peace officer	1389
who is assisted requests emergency assistance or it appears that	1390
the peace officer who is assisted is unable to request emergency	1391
assistance and the circumstances observed by the regional transit	1392
authority police officer reasonably indicate that emergency	1393
assistance is appropriate.	1394

Before exercising powers of arrest and the other powers and	1395
duties of a peace officer, each regional transit authority police	1396
officer shall take an oath and give bond to the state in a sum	1397
that the board of trustees prescribes for the proper performance	1398
of the officer's duties.	1399

Persons employed as regional transit authority police	1400
officers shall complete training for the position to which they	1401
have been appointed as required by the Ohio peace officer training	1402
commission as authorized in section 109.77 of the Revised Code, or	1403
be otherwise qualified. The cost of the training shall be provided	1404
by the regional transit authority.	1405

(Z) May procure a policy or policies insuring members of its	1406
board of trustees against liability on account of damages or	1407
injury to persons and property resulting from any act or omission	1408
of a member in the member's official capacity as a member of the	1409
board or resulting solely out of the member's membership on the	1410
board;	1411

(AA) May enter into any agreement for the sale and leaseback	1412
or lease and leaseback of transit facilities, which agreement may	1413
contain all necessary covenants for the security and protection of	1414
any lessor or the regional transit authority including, but not	1415
limited to, indemnification of the lessor against the loss of	1416
anticipated tax benefits arising from acts, omissions, or	1417
misrepresentations of the regional transit authority. In	1418
connection with that transaction, the regional transit authority	1419
may contract for insurance and letters of credit and pay any	1420
premiums or other charges for the insurance and letters of credit.	1421
The fiscal officer shall not be required to furnish any	1422
certificate under section 5705.41 of the Revised Code in	1423
connection with the execution of any such agreement.	1424

(BB) In regard to any contract entered into on or after March	1425
19, 1993, for the rendering of services or the supplying of	1426
materials or for the construction, demolition, alteration, repair,	1427
or reconstruction of transit facilities in which a bond is	1428
required for the faithful performance of the contract, may permit	1429
the person awarded the contract to utilize a letter of credit	1430
issued by a bank or other financial institution in lieu of the	1431
bond;	1432

(CC) May enter into agreements with municipal corporations	1433
located within the territorial jurisdiction of the regional	1434
transit authority permitting regional transit authority police	1435
officers employed under division (Y) of this section to exercise	1436
full arrest powers, as provided in section 2935.03 of the Revised	1437
Code, for the purpose of preserving the peace and enforcing all	1438
laws of the state and ordinances and regulations of the municipal	1439
corporation within the areas that may be agreed to by the regional	1440
transit authority and the municipal corporation.	1441

Sec. 306.43. (A) The board of trustees of a regional transit	1442
authority or any officer or employee designated by such board may	1443
make any contract for the purchase of goods or services, the cost	1444
of which does not exceed one hundred thousand dollars. When an	1445
expenditure, other than for the acquisition of real estate, the	1446
discharge of claims, or the acquisition of goods or services	1447
under the circumstances described in division (H) of this	1448
section, is expected to exceed one hundred thousand dollars,	1449
such expenditure shall be made through full and open	1450
competition by the use of competitive procedures. The regional	1451
transit authority shall use the competitive procedure, as set	1452
forth in divisions (B), (C), (D), and (E) of this section, that	1453
is most appropriate under the circumstances of the procurement.	1454

(B) Competitive sealed bidding is the preferred method of	1455
procurement and a regional transit authority shall use that method	1456
if all of the following conditions exist:	1457

(1) A clear, complete and adequate description of the goods,	1458
services, or work is available;	1459

(2) Time permits the solicitation, submission, and evaluation	1460
of sealed bids;	1461

(3) The award will be made on the basis of price and other	1462
price-related factors;	1463

(4) It is not necessary to conduct discussions with	1464
responding offerors about their bids;	1465

(5) There is a reasonable expectation of receiving more than	1466
one sealed bid.	1467

A regional transit authority shall publish a notice calling	1468
for bids once a week for no less than two consecutive weeks in at	1469
~~least one~~a newspaper of general circulation within the	1470
territorial boundaries of the regional transit authority, or as	1471
provided in section 7.16 of the Revised Code. A regional transit	1472
authority may require that a bidder for any contract other than a	1473
construction contract provide a bid guaranty in the form, quality,	1474
and amount considered appropriate by the regional transit	1475
authority. The board may let the contract to the lowest responsive	1476
and responsible bidder. Where fewer than two responsive bids are	1477
received, a regional transit authority may negotiate price with	1478
the sole responsive bidder or may rescind the solicitation and	1479
procure under division (H)(2) of this section.	1480

(C) A regional transit authority may use two-step competitive	1481
bidding, consisting of a technical proposal and a separate,	1482
subsequent sealed price bid from those submitting acceptable	1483
technical proposals, if both of the following conditions exist:	1484

(1) A clear, complete, and adequate description of the goods,	1485
services, or work is not available, but definite criteria exist	1486
for the evaluation of technical proposals;	1487

(2) It is necessary to conduct discussions with responding	1488
offerors.	1489

A regional transit authority shall publish a notice calling	1490
for technical proposals once a week for no less than two	1491
consecutive weeks in ~~at least one~~a newspaper of general	1492
circulation within the territorial boundaries of the regional	1493
transit authority, or as provided in section 7.16 of the Revised	1494
Code. A regional transit authority may require a bid guaranty in	1495
the form, quality, and amount the regional transit authority	1496
considers appropriate. The board may let the contract to the	1497
lowest responsive and responsible bidder. Where fewer than two	1498
responsive and responsible bids are received, a regional transit	1499
authority may negotiate price with the sole responsive and	1500
responsible bidder or may rescind the solicitation and procure	1501
under division (H)(2) of this section.	1502

(D) A regional transit authority shall make a procurement by	1503
competitive proposals if competitive sealed bidding or two-step	1504
competitive bidding is not appropriate.	1505

A regional transit authority shall publish a notice calling	1506
for proposals once a week for no less than two consecutive weeks	1507
in ~~at least one~~a newspaper of general circulation within the	1508
territorial boundaries of the regional transit authority, or as	1509
provided in section 7.16 of the Revised Code. A regional transit	1510
authority may require a proposal guaranty in the form, quality,	1511
and amount considered appropriate by the regional transit	1512
authority. The board may let the contract to the proposer making	1513
the offer considered most advantageous to the authority. Where	1514
fewer than two competent proposals are received, a regional	1515
transit authority may negotiate price and terms with the sole	1516
proposer or may rescind the solicitation and procure under	1517
division (H)(2) of this section.	1518

(E)(1) A regional transit authority shall procure the	1519
services of an architect or engineer in the manner prescribed by	1520
the "Federal Mass Transportation Act of 1987," Public Law No.	1521
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	1522
and the services of a construction manager in the manner	1523
prescribed by sections 9.33 to 9.332 of the Revised Code.	1524

(2) A regional transit authority may procure revenue rolling	1525
stock in the manner prescribed by division (B), (C), or (D) of	1526
this section.	1527

(3) All contracts for construction in excess of one hundred	1528
thousand dollars shall be made only after the regional transit	1529
authority has published a notice calling for bids once a week for	1530
two consecutive weeks in ~~at least one~~a newspaper of general	1531
circulation within the territorial boundaries of the regional	1532
transit authority, or as provided in section 7.16 of the Revised	1533
Code. The board may award a contract to the lowest responsive	1534
and responsible bidder. Where only one responsive and	1535
responsible bid is received, the regional transit authority may	1536
negotiate price with the sole responsive bidder or may rescind	1537
the solicitation. The regional transit authority shall award	1538
construction contracts in accordance with sections 153.12 to	1539
153.14 and 153.54 of the Revised Code. Divisions (B) and (C) of	1540
this section shall not apply to the award of contracts for	1541
construction.	1542

(F) All contracts involving expenditures in excess of one	1543
hundred thousand dollars shall be in writing and shall be	1544
accompanied by or shall refer to plans and specifications for the	1545
work to be done. The plans and specifications shall at all times	1546
be made and considered part of the contract. For all contracts	1547
other than construction contracts, a regional transit authority	1548
may require performance, payment, or maintenance guaranties or	1549
any combination of such guaranties in the form, quality, and	1550
amount it considers appropriate. The contract shall be approved	1551
by the board and signed on behalf of the regional transit	1552
authority and by the contractor.	1553

(G) In making a contract, a regional transit authority may	1554
give preference to goods produced in the United States in	1555
accordance with the Buy America requirements in the "Surface	1556
Transportation Assistance Act of 1982," Public Law No. 97-424,	1557
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	1558
the rules adopted thereunder. The regional transit authority also	1559
may give preference to providers of goods produced in and services	1560
provided in labor surplus areas as defined by the United States	1561
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	1562
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	1563

(H) Competitive procedures under this section are not	1564
required in any of the following circumstances:	1565

(1) The board of trustees of a regional transit authority, by	1566
a two-thirds affirmative vote of its members, determines that a	1567
real and present emergency exists under any of the following	1568
conditions, and the board enters its determination and the reasons	1569
for it in its proceedings:	1570

(a) Affecting safety, welfare, or the ability to deliver	1571
transportation services;	1572

(b) Arising out of an interruption of contracts essential to	1573
the provision of daily transit services;	1574

(c) Involving actual physical damage to structures, supplies,	1575
equipment, or property.	1576

(2) The purchase consists of goods or services, or any	1577
combination thereof, and after reasonable inquiry the board or any	1578
officer or employee the board designates finds that only one	1579
source of supply is reasonably available.	1580

(3) The expenditure is for a renewal or renegotiation of a	1581
lease or license for telecommunications or electronic data	1582
processing equipment, services, or systems, or for the upgrade of	1583
such equipment, services, or systems, or for the maintenance	1584
thereof as supplied by the original source or its successors or	1585
assigns.	1586

(4) The purchase of goods or services is made from another	1587
political subdivision, public agency, public transit system,	1588
regional transit authority, the state, or the federal government,	1589
or as a third-party beneficiary under a state or federal	1590
procurement contract, or as a participant in a department of	1591
administrative services contract under division (B) of section	1592
125.04 of the Revised Code.	1593

(5) The sale and leaseback or lease and leaseback of transit	1594
facilities is made as provided in division (AA) of section 306.35	1595
of the Revised Code.	1596

(6) The purchase substantially involves services of a	1597
personal, professional, highly technical, or scientific nature,	1598
including but not limited to the services of an attorney,	1599
physician, surveyor, appraiser, investigator, court reporter,	1600
adjuster, advertising consultant, or licensed broker, or involves	1601
the special skills or proprietary knowledge required for the	1602
servicing of specialized equipment owned by the regional transit	1603
authority.	1604

(7) Services or supplies are available from a qualified	1605
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	1606
Revised Code.	1607

(8) The purchase consists of the product or services of a	1608
public utility.	1609

(9) The purchase is for the services of individuals with	1610
disabilities to work in the authority's commissaries or	1611
cafeterias, and those individuals are supplied by a nonprofit	1612
corporation or association whose purpose is to assist individuals	1613
with disabilities, whether or not that corporation or association	1614
is funded entirely or in part by the federal government, or the	1615
purchase is for services provided by a nonprofit corporation or	1616
association whose purpose is to assist individuals with	1617
disabilities, whether or not that corporation or association is	1618
funded entirely or in part by the federal government. For purposes	1619
of division (H)(9) of this section, "disability" has the same	1620
meaning as in section 4112.01 of the Revised Code.	1621

(I) A regional transit authority may enter into blanket	1622
purchase agreements for purchases of maintenance, operating, or	1623
repair goods or services where the item cost does not exceed five	1624
hundred dollars and the annual expenditure does not exceed one	1625
hundred thousand dollars.	1626

(J) Nothing contained in this section prohibits a regional	1627
transit authority from participating in intergovernmental	1628
cooperative purchasing arrangements.	1629

(K) Except as otherwise provided in this chapter, a regional	1630
transit authority shall make a sale or other disposition of	1631
property through full and open competition. Except as provided in	1632
division (L) of this section, all dispositions of personal	1633
property and all grants of real property for terms exceeding five	1634
years shall be made by public auction or competitive procedure.	1635

(L) The competitive procedures required by division (K) of	1636
this section are not required in any of the following	1637
circumstances:	1638

(1) The grant is a component of a joint development between	1639
public and private entities and is intended to enhance or benefit	1640
public transit.	1641

(2) The grant of a limited use or of a license affecting land	1642
is made to an owner of abutting real property.	1643

(3) The grant of a limited use is made to a public utility.

1644

(4) The grant or disposition is to a department of the	1645
federal or state government, to a political subdivision of the	1646
state, or to any other governmental entity.	1647

(5) Used equipment is traded on the purchase of equipment and	1648
the value of the used equipment is a price-related factor in the	1649
basis for award for the purchase.	1650

(6) The value of the personal property is such that	1651
competitive procedures are not appropriate and the property either	1652
is sold at its fair market value or is disposed of by gift to a	1653
nonprofit entity having the general welfare or education of the	1654
public as one of its principal objects.	1655

(M) The board of trustees of a regional transit authority,	1656
when making a contract funded exclusively by state or local moneys	1657
or any combination thereof, shall make a good faith effort to use	1658
disadvantaged business enterprise participation to the same extent	1659
required under Section 105(f) of the "Surface Transportation	1660
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	1661
Section 106(c) of the "Surface Transportation and Uniform	1662
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	1663
Stat. 145, and the rules adopted thereunder.	1664

(N) As used in this section:

1665

(1) "Goods" means all things, including specially	1666
manufactured goods, that are movable at the time of identification	1667
to the contract for sale other than the money in which the price	1668
is to be paid, investment securities, and things in action.	1669
"Goods" also includes other identified things attached to realty	1670
as described in section 1302.03 of the Revised Code.	1671

(2) "Services" means the furnishing of labor, time, or effort	1672
by a contractor, not involving the delivery of goods or reports	1673
other than goods or reports that are merely incidental to the	1674
required performance, including but not limited to insurance,	1675
bonding, or routine operation, routine repair, or routine	1676
maintenance of existing structures, buildings, real property, or	1677
equipment, but does not include employment agreements, collective	1678
bargaining agreements, or personal services.	1679

(3) "Construction" means the process of building, altering,	1680
repairing, improving, painting, decorating, or demolishing any	1681
structure or building, or other improvements of any kind to any	1682
real property owned or leased by a regional transit authority.	1683

(4) "Full and open competition" has the same meaning as in	1684
the "Office of Federal Procurement Policy Act," Public Law No.	1685
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	1686

(5) A bidder is "responsive" if, applying the criteria of	1687
division (A) of section 9.312 of the Revised Code, the bidder is	1688
"responsive" as described in that section.	1689

(6) A bidder is "responsible" if, applying the criteria of	1690
division (A) of section 9.312 of the Revised Code and of the	1691
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	1692
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	1693
"responsible" as described in those sections.	1694

Sec. 306.70. A tax proposed to be levied by a board of	1695
county commissioners or by the board of trustees of a regional	1696
transit authority pursuant to sections 5739.023 and 5741.022 of	1697
the Revised Code shall not become effective until it is submitted	1698
to the electors residing within the county or within the	1699
territorial boundaries of the regional transit authority and	1700
approved by a majority of the electors voting on it. Such question	1701
shall be submitted at a general election or at a special election	1702
on a day specified in the resolution levying the tax and occurring	1703
not less than seventy-five days after such resolution is certified	1704
to the board of elections, in accordance with section 3505.071 of	1705
the Revised Code.	1706

The board of elections of the county or of each county in	1707
which any territory of the regional transit authority is located	1708
shall make the necessary arrangements for the submission of such	1709
question to the electors of the county or regional transit	1710
authority, and the election shall be held, canvassed, and	1711
certified in the same manner as regular elections for the election	1712
of county officers. Notice of the election shall be published in	1713
~~one or more newspapers which in the aggregate are~~a newspaper of	1714
general circulation in the territory of the county or of the	1715
regional transit authority once a week for two consecutive weeks	1716
prior to the election ~~and, if~~, or as provided in section 7.16 of	1717
the Revised Code. If the board of elections operates and maintains	1718
a web site, notice of the election also shall be posted on that	1719
web site for thirty days prior to the election. The notice shall	1720
state the type, rate, and purpose of the tax to be levied, the	1721
length of time during which the tax will be in effect, and the	1722
time and place of the election.	1723

More than one such question may be submitted at the same	1724
election. The form of the ballots cast at such election shall be:	1725

"Shall a(n) ................ (sales and use) .............	1726
tax be levied for all transit purposes of the ..................	1727
(here insert name of the county or regional transit authority) at	1728
a rate not exceeding ................... (here insert percentage)	1729
per cent for ................ (here insert number of years the tax	1730
is to be in effect, or that it is to be in effect for a continuing	1731
period of time)?"	1732

If the tax proposed to be levied is a continuation of an	1733
existing tax, whether at the same rate or at an increased or	1734
reduced rate, or an increase in the rate of an existing tax, the	1735
notice and ballot form shall so state.	1736

The board of elections to which the resolution was certified	1737
shall certify the results of the election to the county auditor of	1738
the county or secretary-treasurer of the regional transit	1739
authority levying the tax and to the tax commissioner of the	1740
state.	1741

Sec. 307.022. (A) The board of county commissioners of any	1742
county may do both of the following without following the	1743
competitive bidding requirements of section 307.86 of the Revised	1744
Code:	1745

(1) Enter into a lease, including a lease with an option to	1746
purchase, of correctional facilities for a term not in excess of	1747
forty years. Before entering into the lease, the board shall	1748
publish, once a week for three consecutive weeks in a newspaper of	1749
general circulation in the county or as provided in section 7.16	1750
of the Revised Code, a notice that the board is accepting	1751
proposals for a lease pursuant to this division. The notice shall	1752
state the date before which the proposals are required to be	1753
submitted in order to be considered by the board.	1754

(2) Subject to compliance with this section, grant leases,	1755
easements, and licenses with respect to, or sell, real property	1756
owned by the county if the real property is to be leased back by	1757
the county for use as correctional facilities.	1758

The lease under division (A)(1) of this section shall require	1759
the county to contract, in accordance with Chapter 153., sections	1760
307.86 to 307.92, and Chapter 4115. of the Revised Code, for the	1761
construction, improvement, furnishing, and equipping of	1762
correctional facilities to be leased pursuant to this section.	1763
Prior to the board's execution of the lease, it may require the	1764
lessor under the lease to cause sufficient money to be made	1765
available to the county to enable the county to comply with the	1766
certification requirements of division (D) of section 5705.41 of	1767
the Revised Code.	1768

A lease entered into pursuant to division (A)(1) of this	1769
section by a board may provide for the county to maintain and	1770
repair the correctional facility during the term of the leasehold,	1771
may provide for the county to make rental payments prior to or	1772
after occupation of the correctional facilities by the county, and	1773
may provide for the board to obtain and maintain any insurance	1774
that the lessor may require, including, but not limited to, public	1775
liability, casualty, builder's risk, and business interruption	1776
insurance. The obligations incurred under a lease entered into	1777
pursuant to division (A)(1) of this section shall not be	1778
considered to be within the debt limitations of section 133.07 of	1779
the Revised Code.	1780

(B) The correctional facilities leased under division (A)(1)	1781
of this section may include any or all of the following:	1782

(1) Facilities in which one or more other governmental	1783
entities are participating or in which other facilities of the	1784
county are included;	1785

(2) Facilities acquired, constructed, renovated, or financed	1786
by the Ohio building authority and leased to the county pursuant	1787
to section 307.021 of the Revised Code;	1788

(3) Correctional facilities that are under construction or	1789
have been completed and for which no permanent financing has been	1790
arranged.	1791

1792

(1) "Correctional facilities" includes, but is not limited	1793
to, jails, detention facilities, workhouses, community-based	1794
correctional facilities, and family court centers.	1795

(2) "Construction" has the same meaning as in division (B) of	1796
section 4115.03 of the Revised Code.	1797

Sec. 307.041. (A) As used in this section, "energy	1798
conservation measure" means an installation or modification of an	1799
installation in, or remodeling of, an existing building, to reduce	1800
energy consumption. "Energy conservation measure" includes the	1801
following:	1802

(1) Insulation of the building structure and of systems	1803
within the building;	1804

(2) Storm windows and doors, multiglazed windows and doors,	1805
heat-absorbing or heat-reflective glazed and coated window and	1806
door systems, additional glazing, reductions in glass area, and	1807
other window and door system modifications that reduce energy	1808
consumption;	1809

(3) Automatic energy control systems;

1810

(4) Heating, ventilating, or air conditioning system	1811
modifications or replacements;	1812

(5) Caulking and weatherstripping;

1813

(6) Replacement or modification of lighting fixtures to	1814
increase the energy efficiency of the system without increasing	1815
the overall illumination of a facility, unless such an increase in	1816
illumination is necessary to conform to the applicable state or	1817
local building code for the proposed lighting system;	1818

(7) Energy recovery systems;

1819

(8) Cogeneration systems that produce steam or forms of	1820
energy such as heat, as well as electricity, for use primarily	1821
within a building or complex of buildings;	1822

(9) Acquiring, constructing, furnishing, equipping, improving	1823
the site of, and otherwise improving a central utility plant to	1824
provide heating and cooling services to a building or buildings	1825
together with distribution piping and ancillary distribution	1826
controls, equipment, and related facilities from the central	1827
utility plant to the building or buildings;	1828

(10) Any other modification, installation, or remodeling	1829
approved by the board of county commissioners as an energy	1830
conservation measure.	1831

(B) For the purpose of evaluating county buildings for energy	1832
conservation measures, a county may contract with an architect,	1833
professional engineer, energy services company, contractor, or	1834
other person experienced in the design and implementation of	1835
energy conservation measures for an energy conservation report.	1836
The report shall include all of the following:	1837

(1) Analyses of the buildings' energy needs and	1838
recommendations for building installations, modifications of	1839
existing installations, or building remodeling that would	1840
significantly reduce energy consumption in the buildings owned by	1841
that county;	1842

(2) Estimates of all costs of those installations, those	1843
modifications, or that remodeling, including costs of design,	1844
engineering, installation, maintenance, and repairs;	1845

(3) Estimates of the amounts by which energy consumption	1846
could be reduced;	1847

(4) The interest rate used to estimate the costs of any	1848
energy conservation measures that are to be financed;	1849

(5) The average system life of the energy conservation	1850
measures;	1851

(6) Estimates of the likely savings that will result from the	1852
reduction in energy consumption over the average system life of	1853
the energy conservation measure, including the methods used to	1854
estimate the savings;	1855

(7) A certification under the seal of a registered	1856
professional engineer that the energy conservation report uses	1857
reasonable methods of analysis and estimation.	1858

(C)(1) A county desiring to implement energy conservation	1859
measures may proceed under either of the following methods:	1860

(a) Using a report or any part of an energy conservation	1861
report prepared under division (B) of this section, advertise for	1862
bids and, except as otherwise provided in this section, comply	1863
with sections 307.86 to 307.92 of the Revised Code;	1864

(b) Notwithstanding sections 307.86 to 307.92 of the Revised	1865
Code, request proposals from at least three vendors for the	1866
implementation of energy conservation measures. A request for	1867
proposals shall require the installer that is awarded a contract	1868
under division (C)(2)(b) of this section to prepare an energy	1869
conservation report in accordance with division (B) of this	1870
section. Prior to sending any installer of energy conservation	1871
measures a copy of any request for proposals, the county shall	1872
advertise its intent to request proposals for the installation of	1873
energy conservation measures in a newspaper of general	1874
circulation in the county once a week for two consecutive weeks	1875
or as provided in section 7.16 of the Revised Code. The notice	1876
shall state that the county intends to request proposals for the	1877
installation of energy conservation measures; indicate the date,	1878
which shall be at least ten days after the second publication, on	1879
which the request for proposals will be mailed to installers of	1880
energy conservation measures; and state that any installer of	1881
energy conservation measures interested in receiving the request	1882
for proposals shall submit written notice to the county not	1883
later than noon of the day on which the request for proposals	1884
will be mailed.	1885

(2)(a) Upon receiving bids under division (C)(1)(a) of this	1886
section, the county shall analyze them and select the lowest and	1887
best bid or bids most likely to result in the greatest energy	1888
savings considering the cost of the project and the county's	1889
ability to pay for the improvements with current revenues or by	1890
financing the improvements.	1891

(b) Upon receiving proposals under division (C)(1)(b) of this	1892
section, the county shall analyze the proposals and the	1893
installers' qualifications and select the most qualified installer	1894
to prepare an energy conservation report in accordance with	1895
division (B) of this section. After receipt and review of the	1896
energy conservation report, the county may award a contract to the	1897
selected installer to install the energy conservation measures	1898
that are most likely to result in the greatest energy savings	1899
considering the cost of the project and the county's ability to	1900
pay for the improvements with current revenues or by financing the	1901
improvements.	1902

(c) The awarding of a contract to install energy conservation	1903
measures under division (C)(2)(a) or (b) of this section shall be	1904
conditioned upon a finding by the contracting authority that the	1905
amount of money spent on the energy conservation measures is not	1906
likely to exceed the amount of money the county would save in	1907
energy, operating, maintenance, and avoided capital costs over	1908
the average system life of the energy conservation measures as	1909
specified in the energy conservation report. In making such a	1910
finding, the contracting authority may take into account	1911
increased costs due to inflation as shown in the energy	1912
conservation report. Nothing in this division prohibits a county	1913
from rejecting all bids or proposals under division (C)(1)(a) or	1914
(b) of this section or from selecting more than one bid or	1915
proposal.	1916

(D) A board of county commissioners may enter into an	1917
installment payment contract for the purchase and installation of	1918
energy conservation measures. Provisions of installment payment	1919
contracts that deal with interest charges and financing terms	1920
shall not be subject to the competitive bidding requirements of	1921
section 307.86 of the Revised Code, and shall be on the following	1922
terms:	1923

(1) Not less than a specified percentage, as determined and	1924
approved by the board of county commissioners, of the costs of	1925
the contract shall be paid within two years from the date of	1926
purchase.	1927

(2) The remaining balance of the costs of the contract shall	1928
be paid within the lesser of the average system life of the	1929
energy conservation measures as specified in the energy	1930
conservation report or thirty years.	1931

(E) The board of county commissioners may issue the notes of	1932
the county specifying the terms of a purchase of energy	1933
conservation measures under this section and securing any	1934
deferred payments provided for in division (D) of this section.	1935
The notes shall be payable at the times provided and bear	1936
interest at a rate not exceeding the rate determined as provided	1937
in section 9.95 of the Revised Code. The notes may contain an	1938
option for prepayment and shall not be subject to Chapter 133. of	1939
the Revised Code. Revenues derived from local taxes or otherwise	1940
for the purpose of conserving energy or for defraying the current	1941
operating expenses of the county may be pledged and applied to	1942
the payment of interest and the retirement of the notes. The	1943
notes may be sold at private sale or given to the contractor under	1944
an installment payment contract authorized by division (D) of	1945
this section.	1946

(F) Debt incurred under this section shall not be included in	1947
the calculation of the net indebtedness of a county under section	1948
133.07 of the Revised Code.	1949

Sec. 307.10. (A) No sale of real property, or lease of real	1950
property used or to be used for the purpose of airports, landing	1951
fields, or air navigational facilities, or parts thereof, as	1952
provided by section 307.09 of the Revised Code shall be made	1953
unless it is authorized by a resolution adopted by a majority of	1954
the board of county commissioners. When a sale of real property as	1955
provided by section 307.09 of the Revised Code is authorized, the	1956
board may either deed the property to the highest responsible	1957
bidder, after advertisement once a week for four consecutive weeks	1958
in a newspaper of general circulation in the county or as provided	1959
in section 7.16 of the Revised Code, or offer the real property	1960
for sale at a public auction, after giving at least thirty days'	1961
notice of the auction by publication in a newspaper of general	1962
circulation in the county. The board may reject any and all bids.	1963
The board may, as it considers best, sell real property pursuant	1964
to this section as an entire tract or in parcels. The board, by	1965
resolution adopted by a majority of the board, may lease real	1966
property, in accordance with division (A) of section 307.09 of	1967
the Revised Code, without advertising for bids.	1968

(B) The board, by resolution, may transfer real property in	1969
fee simple belonging to the county and not needed for public use	1970
to the United States government, to the state or any department or	1971
agency thereof, to municipal corporations or other political	1972
subdivisions of the state, to the county board of mental	1973
retardation and developmental disabilities, or to a county land	1974
reutilization corporation organized under Chapter 1724. of the	1975
Revised Code for public purposes upon the terms and in the manner	1976
that it may determine to be in the best interests of the county,	1977
without advertising for bids. The board shall execute a deed or	1978
other proper instrument when such a transfer is approved.	1979

(C) The board, by resolution adopted by a majority of the	1980
board, may grant leases, rights, or easements to the United States	1981
government, to the state or any department or agency thereof, or	1982
to municipal corporations and other political subdivisions of the	1983
state, or to privately owned electric light and power companies,	1984
natural gas companies, or telephone or telegraph companies for	1985
purposes of rendering their several public utilities services, in	1986
accordance with division (B) of section 307.09 of the Revised	1987
Code, without advertising for bids. When such grant of lease,	1988
right, or easement is authorized, a deed or other proper	1989
instrument therefor shall be executed by the board.	1990

Sec. 307.12. (A) Except as otherwise provided in divisions	1991
(D), (E), and (G) of this section, when the board of county	1992
commissioners finds, by resolution, that the county has personal	1993
property, including motor vehicles acquired for the use of county	1994
officers and departments, and road machinery, equipment, tools, or	1995
supplies, that is not needed for public use, is obsolete, or is	1996
unfit for the use for which it was acquired, and when the fair	1997
market value of the property to be sold or donated under this	1998
division is, in the opinion of the board, in excess of two	1999
thousand five hundred dollars, the board may do either of the	2000
following:	2001

(1) Sell the property at public auction or by sealed bid to	2002
the highest bidder. Notice of the time, place, and manner of the	2003
sale shall be published in a newspaper of general circulation in	2004
the county at least ten days prior to the sale, and a typewritten	2005
or printed notice of the time, place, and manner of the sale shall	2006
be posted at least ten days before the sale in the offices of the	2007
county auditor and the board of county commissioners.	2008

If a board conducts a sale of property by sealed bid, the	2009
form of the bid shall be as prescribed by the board, and each bid	2010
shall contain the name of the person submitting it. Bids received	2011
shall be opened and tabulated at the time stated in the notice.	2012
The property shall be sold to the highest bidder, except that the	2013
board may reject all bids and hold another sale, by public auction	2014
or sealed bid, in the manner prescribed by this section.	2015

(2) Donate any motor vehicle that does not exceed four	2016
thousand five hundred dollars in value to a nonprofit organization	2017
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	2018
and (c)(3) for the purpose of meeting the transportation needs of	2019
participants in the Ohio works first program established under	2020
Chapter 5107. of the Revised Code and participants in the	2021
prevention, retention, and contingency program established under	2022
Chapter 5108. of the Revised Code.	2023

(B) When the board of county commissioners finds, by	2024
resolution, that the county has personal property, including motor	2025
vehicles acquired for the use of county officers and departments,	2026
and road machinery, equipment, tools, or supplies, that is not	2027
needed for public use, is obsolete, or is unfit for the use for	2028
which it was acquired, and when the fair market value of the	2029
property to be sold or donated under this division is, in the	2030
opinion of the board, two thousand five hundred dollars or less,	2031
the board may do either of the following:	2032

(1) Sell the property by private sale, without advertisement	2033
or public notification;	2034

(2) Donate the property to an eligible nonprofit organization	2035
that is located in this state and is exempt from federal income	2036
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	2037
any property under this division, the board shall adopt a	2038
resolution expressing its intent to make unneeded, obsolete, or	2039
unfit-for-use county personal property available to these	2040
organizations. The resolution shall include guidelines and	2041
procedures the board considers necessary to implement a donation	2042
program under this division and shall indicate whether the county	2043
will conduct the donation program or the board will contract with	2044
a representative to conduct it. If a representative is known when	2045
the resolution is adopted, the resolution shall provide contact	2046
information such as the representative's name, address, and	2047
telephone number.	2048

The resolution shall include within its procedures a	2049
requirement that any nonprofit organization desiring to obtain	2050
donated property under this division shall submit a written notice	2051
to the board or its representative. The written notice shall	2052
include evidence that the organization is a nonprofit organization	2053
that is located in this state and is exempt from federal income	2054
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	2055
the organization's primary purpose; a description of the type or	2056
types of property the organization needs; and the name, address,	2057
and telephone number of a person designated by the organization's	2058
governing board to receive donated property and to serve as its	2059
agent.	2060

After adoption of the resolution, the board shall publish, in	2061
a newspaper of general circulation in the county, notice of its	2062
intent to donate unneeded, obsolete, or unfit-for-use county	2063
personal property to eligible nonprofit organizations. The notice	2064
shall include a summary of the information provided in the	2065
resolution and shall be published ~~at least~~ twice or as provided in	2066
section 7.16 of the Revised Code. The second and any subsequent	2067
notice shall be published not less than ten nor more than twenty	2068
days after the previous notice. A similar notice also shall be	2069
posted continually in a conspicuous place in the offices of the	2070
county auditor and the board of county commissioners~~, and, if~~. If	2071
the county maintains a web site on the internet, the notice shall	2072
be posted continually at that web site.	2073

The board or its representative shall maintain a list of all	2074
nonprofit organizations that notify the board or its	2075
representative of their desire to obtain donated property under	2076
this division and that the board or its representative determines	2077
to be eligible, in accordance with the requirements set forth in	2078
this section and in the donation program's guidelines and	2079
procedures, to receive donated property.	2080

The board or its representatives also shall maintain a list	2081
of all county personal property the board finds to be unneeded,	2082
obsolete, or unfit for use and to be available for donation under	2083
this division. The list shall be posted continually in a	2084
conspicuous location in the offices of the county auditor and the	2085
board of county commissioners, and, if the county maintains a web	2086
site on the internet, the list shall be posted continually at that	2087
web site. An item of property on the list shall be donated to the	2088
eligible nonprofit organization that first declares to the board	2089
or its representative its desire to obtain the item unless the	2090
board previously has established, by resolution, a list of	2091
eligible nonprofit organizations that shall be given priority with	2092
respect to the item's donation. Priority may be given on the basis	2093
that the purposes of a nonprofit organization have a direct	2094
relationship to specific public purposes of programs provided or	2095
administered by the board. A resolution giving priority to certain	2096
nonprofit organizations with respect to the donation of an item of	2097
property shall specify the reasons why the organizations are given	2098
that priority.	2099

(C) Members of the board of county commissioners shall	2100
consult with the Ohio ethics commission, and comply with the	2101
provisions of Chapters 102. and 2921. of the Revised Code, with	2102
respect to any sale or donation under division (A) or (B) of this	2103
section to a nonprofit organization of which a county	2104
commissioner, any member of the county commissioner's family, or	2105
any business associate of the county commissioner is a trustee,	2106
officer, board member, or employee.	2107

(D) Notwithstanding anything to the contrary in division (A),	2108
(B), or (E) of this section and regardless of the property's	2109
value, the board of county commissioners may sell or donate county	2110
personal property, including motor vehicles, to the federal	2111
government, the state, any political subdivision of the state,	2112
or a county land reutilization corporation without advertisement	2113
or public notification.	2114

(E) Notwithstanding anything to the contrary in division	2115
(A), (B), or (G) of this section and regardless of the property's	2116
value, the board of county commissioners may sell personal	2117
property, including motor vehicles acquired for the use of county	2118
officers and departments, and road machinery, equipment, tools, or	2119
supplies, that is not needed for public use, is obsolete, or is	2120
unfit for the use for which it was acquired, by internet auction.	2121
The board shall adopt, during each calendar year, a resolution	2122
expressing its intent to sell that property by internet auction.	2123
The resolution shall include a description of how the auctions	2124
will be conducted and shall specify the number of days for	2125
bidding on the property, which shall be no less than ten days,	2126
including Saturdays, Sundays, and legal holidays. The resolution	2127
shall indicate whether the county will conduct the auction or the	2128
board will contract with a representative to conduct the auction	2129
and shall establish the general terms and conditions of sale. If a	2130
representative is known when the resolution is adopted, the	2131
resolution shall provide contact information such as the	2132
representative's name, address, and telephone number.	2133

After adoption of the resolution, the board shall publish, in	2134
a newspaper of general circulation in the county, notice of its	2135
intent to sell unneeded, obsolete, or unfit-for-use county	2136
personal property by internet auction. The notice shall include a	2137
summary of the information provided in the resolution and shall be	2138
published ~~at least~~ twice or as provided in section 7.16 of the	2139
Revised Code. The second and any subsequent notice shall be	2140
published not less than ten nor more than twenty days after the	2141
previous notice. A similar notice also shall be posted continually	2142
throughout the calendar year in a conspicuous place in the offices	2143
of the county auditor and the board of county commissioners~~, and,~~	2144
if. If the county maintains a web site on the internet, the notice	2145
shall be posted continually throughout the calendar year at that	2146
web site.	2147

When property is to be sold by internet auction, the board or	2148
its representative may establish a minimum price that will be	2149
accepted for specific items and may establish any other terms and	2150
conditions for the particular sale, including requirements for	2151
pick-up or delivery, method of payment, and sales tax. This type	2152
of information shall be provided on the internet at the time of	2153
the auction and may be provided before that time upon request	2154
after the terms and conditions have been determined by the board	2155
or its representative.	2156

(F) When a county officer or department head determines that	2157
county-owned personal property under the jurisdiction of the	2158
officer or department head, including motor vehicles, road	2159
machinery, equipment, tools, or supplies, is not of immediate	2160
need, the county officer or department head may notify the board	2161
of county commissioners, and the board may lease that personal	2162
property to any municipal corporation, township, other political	2163
subdivision of the state, or to a county land reutilization	2164
corporation. The lease shall require the county to be reimbursed	2165
under terms, conditions, and fees established by the board, or	2166
under contracts executed by the board.	2167

(G) If the board of county commissioners finds, by	2168
resolution, that the county has vehicles, equipment, or machinery	2169
that is not needed, or is unfit for public use, and the board	2170
desires to sell the vehicles, equipment, or machinery to the	2171
person or firm from which it proposes to purchase other vehicles,	2172
equipment, or machinery, the board may offer to sell the vehicles,	2173
equipment, or machinery to that person or firm, and to have the	2174
selling price credited to the person or firm against the purchase	2175
price of other vehicles, equipment, or machinery.	2176

(H) If the board of county commissioners advertises for bids	2177
for the sale of new vehicles, equipment, or machinery to the	2178
county, it may include in the same advertisement a notice of the	2179
willingness of the board to accept bids for the purchase of	2180
county-owned vehicles, equipment, or machinery that is obsolete	2181
or not needed for public use, and to have the amount of those bids	2182
subtracted from the selling price of the other vehicles,	2183
equipment, or machinery as a means of determining the lowest	2184
responsible bidder.	2185

(I) If a board of county commissioners determines that county	2186
personal property is not needed for public use, or is obsolete or	2187
unfit for the use for which it was acquired, and that the property	2188
has no value, the board may discard or salvage that property.	2189

(J) A county engineer, in the engineer's discretion, may	2190
dispose of scrap construction materials on such terms as the	2191
engineer determines reasonable, including disposal without	2192
recovery of costs, if the total value of the materials does not	2193
exceed twenty-five thousand dollars. The engineer shall maintain	2194
records of all dispositions made under this division, including	2195
identification of the origin of the materials, the final	2196
disposition, and copies of all receipts resulting from the	2197
dispositions.	2198

As used in division (I) of this section, "scrap construction	2199
materials" means construction materials that result from a road or	2200
bridge improvement, remain after the improvement is completed, and	2201
are not reusable. Construction material that is metal and that	2202
results from a road or bridge improvement and remains after the	2203
improvement is completed is scrap construction material only if it	2204
cannot be used in any other road or bridge improvement or other	2205
project in its current state.	2206

Sec. 307.676. (A) As used in this section:

2207

(1) "Food and beverages" means any raw, cooked, or processed	2208
edible substance used or intended for use in whole or in part for	2209
human consumption, including ice, water, spirituous liquors, wine,	2210
mixed beverages, beer, soft drinks, soda, and other beverages.	2211

(2) "Convention facilities authority" has the same meaning as	2212
in section 351.01 of the Revised Code.	2213

(3) "Convention center" has the same meaning as in section	2214
307.695 of the Revised Code.	2215

(B) The legislative authority of a county with a population	2216
of one million or more according to the most recent federal	2217
decennial census may, by resolution adopted on or before August	2218
30, 2004, by a majority of the members of the legislative	2219
authority and with the subsequent approval of a majority of the	2220
electors of the county voting upon it, levy a tax of not more than	2221
two per cent on every retail sale in the county of food and	2222
beverages to be consumed on the premises where sold to pay the	2223
expenses of administering the tax and to provide revenues for the	2224
county general fund. Such resolution shall direct the board of	2225
elections to submit the question of levying the tax to the	2226
electors of the county at the next primary or general election in	2227
the county occurring not less than seventy-five days after the	2228
resolution is certified to the board of elections, and such	2229
resolution may further direct the board of elections to include	2230
upon the ballot submitted to the electors any specific purposes	2231
for which the tax will be used. The legislative authority shall	2232
establish all regulations necessary to provide for the	2233
administration and allocation of the tax. The regulations may	2234
prescribe the time for payment of the tax and may provide for	2235
imposition of a penalty, interest, or both for late payments,	2236
provided that any such penalty may not exceed ten per cent of the	2237
amount of tax due and the rate at which interest accrues may not	2238
exceed the rate per annum required under section 5703.47 of the	2239
Revised Code.	2240

(C) A tax levied under this section shall remain in effect	2241
for the period of time specified in the resolution or ordinance	2242
levying the tax, but in no case for a longer period than forty	2243
years.	2244

(D) A tax levied under this section is in addition to any	2245
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	2246
or any other chapter of the Revised Code. "Price," as defined in	2247
sections 5739.01 and 5741.01 of the Revised Code, does not include	2248
any tax levied under this section and any tax levied under this	2249
section does not include any tax imposed under Chapter 5739. or	2250
5741. of the Revised Code.	2251

(E)(1) No amount collected from a tax levied under this	2252
section shall be contributed to a convention facilities authority,	2253
corporation, or other entity created after July 1, 2003, for the	2254
principal purpose of constructing, improving, expanding,	2255
equipping, financing, or operating a convention center unless the	2256
mayor of the municipal corporation in which the convention center	2257
is to be operated by that convention facilities authority,	2258
corporation, or other entity has consented to the creation of that	2259
convention facilities authority, corporation, or entity.	2260
Notwithstanding any contrary provision of section 351.04 of the	2261
Revised Code, if a tax is levied by a county under this section,	2262
the board of county commissioners of that county may determine the	2263
manner of selection, the qualifications, the number, and terms of	2264
office of the members of the board of directors of any convention	2265
facilities authority, corporation, or other entity described in	2266
division (E)(1) of this section.	2267

(2)(a) No amount collected from a tax levied under this	2268
section may be used for any purpose other than paying the direct	2269
and indirect costs of constructing, improving, expanding,	2270
equipping, financing, or operating a convention center and for the	2271
real and actual costs of administering the tax, unless, prior to	2272
the adoption of the resolution of the legislative authority of the	2273
county directing the board of elections to submit the question of	2274
the levy, extension, or increase to the electors of the county,	2275
the county and the mayor of the most populous municipal	2276
corporation in that county have entered into an agreement as to	2277
the use of such amounts, provided that such agreement has been	2278
approved by a majority of the mayors of the other municipal	2279
corporations in that county. The agreement shall provide that the	2280
amounts to be used for purposes other than paying the convention	2281
center or administrative costs described in division (E)(2)(a) of	2282
this section be used only for the direct and indirect costs of	2283
capital improvements in accordance with the agreement, including	2284
the financing of capital improvements. Immediately following the	2285
execution of the agreement, the county shall:	2286

(i) In accordance with section 7.12 of the Revised Code,	2287
cause the agreement to be published ~~at least~~ once in a newspaper	2288
of general circulation in that county; or	2289

(ii) Post the agreement in at least five public places in the	2290
county, as determined by the legislative authority, for a period	2291
not less than fifteen days.	2292

(b) If the county in which the tax is levied has an	2293
association of mayors and city managers, the approval of that	2294
association of an agreement described in division (E)(2)(a) of	2295
this section shall be considered to be the approval of the	2296
majority of the mayors of the other municipal corporations for	2297
purposes of that division.	2298

(F) Each year, the auditor of state shall conduct an audit of	2299
the uses of any amounts collected from taxes levied under this	2300
section and shall prepare a report of the auditor of state's	2301
findings. The auditor of state shall submit the report to the	2302
legislative authority of the county that has levied the tax, the	2303
speaker of the house of representatives, the president of the	2304
senate, and the leaders of the minority parties of the house of	2305
representatives and the senate.	2306

(G) The levy of any taxes under Chapter 5739. of the Revised	2307
Code on the same transactions subject to a tax under this section	2308
does not prevent the levy of a tax under this section.	2309

Sec. 307.70. In any county electing a county charter	2310
commission, the board of county commissioners shall appropriate	2311
money for the expenses of such commission in the preparation of a	2312
county charter, or charter amendment, and the study of problems	2313
involved. No appropriation shall be made for the compensation of	2314
members of the commission for their services. The board shall	2315
appropriate money for the printing and mailing or otherwise	2316
distributing to each elector in the county, as far as may be	2317
reasonably possible, a copy of a charter submitted to the electors	2318
of the county by a charter commission or by the board pursuant to	2319
petition as provided by Section 4 of Article X, Ohio Constitution.	2320
The copy of the charter shall be mailed or otherwise distributed	2321
at least thirty days prior to the election. The board shall	2322
appropriate money for the printing and distribution or publication	2323
of proposed amendments to a charter submitted by a charter	2324
commission pursuant to Section 4 of Article X, Ohio Constitution.	2325
Notice of amendments to a county charter shall be given by mailing	2326
or otherwise distributing a copy of each proposed amendment to	2327
each elector in the county, as far as may be reasonably possible,	2328
at least thirty days prior to the election or, if the board so	2329
determines, by publishing the full text of the proposed amendments	2330
once a week for at least two consecutive weeks in a newspaper	2331
~~published in the county. If no newspaper is published in the~~	2332
~~county or the board is unable to obtain publication in a newspaper~~	2333
~~published in the county, the proposed amendments may be published~~	2334
~~in a newspaper~~ of general circulation within the county, or as	2335
provided in section 7.16 of the Revised Code. No public officer	2336
is precluded, because of being a public officer, from also	2337
holding office as a member of a county charter commission, except	2338
that not more than four officeholders may be elected to a county	2339
charter commission at the same time. No member of a county charter	2340
commission, because of charter commission membership, is precluded	2341
from seeking or holding other public office.	2342

Sec. 307.79. (A) The board of county commissioners may	2343
adopt, amend, and rescind rules establishing technically feasible	2344
and economically reasonable standards to achieve a level of	2345
management and conservation practices that will abate wind or	2346
water erosion of the soil or abate the degradation of the waters	2347
of the state by soil sediment in conjunction with land grading,	2348
excavating, filling, or other soil disturbing activities on land	2349
used or being developed for nonfarm commercial, industrial,	2350
residential, or other nonfarm purposes, and establish criteria for	2351
determination of the acceptability of those management and	2352
conservation practices. The rules shall be designed to implement	2353
the applicable areawide waste treatment management plan prepared	2354
under section 208 of the "Federal Water Pollution Control Act," 86	2355
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	2356
phase II of the storm water program of the national pollutant	2357
discharge elimination system established in 40 C.F.R. Part 122.	2358
The rules to implement phase II of the storm water program of the	2359
national pollutant discharge elimination system shall not be	2360
inconsistent with, more stringent than, or broader in scope than	2361
the rules or regulations adopted by the environmental protection	2362
agency under 40 C.F.R. Part 122. The rules adopted under this	2363
section shall not apply inside the limits of municipal	2364
corporations or the limits of townships with a limited home rule	2365
government that have adopted rules under section 504.21 of the	2366
Revised Code, to lands being used in a strip mine operation as	2367
defined in section 1513.01 of the Revised Code, or to land being	2368
used in a surface mine operation as defined in section 1514.01 of	2369
the Revised Code.	2370

The rules adopted under this section may require persons to	2371
file plans governing erosion control, sediment control, and water	2372
management before clearing, grading, excavating, filling, or	2373
otherwise wholly or partially disturbing one or more contiguous	2374
acres of land owned by one person or operated as one development	2375
unit for the construction of nonfarm buildings, structures,	2376
utilities, recreational areas, or other similar nonfarm uses. If	2377
the rules require plans to be filed, the rules shall do all of the	2378
following:	2379

(1) Designate the board itself, its employees, or another	2380
agency or official to review and approve or disapprove the plans;	2381

(2) Establish procedures and criteria for the review and	2382
approval or disapproval of the plans;	2383

(3) Require the designated entity to issue a permit to a	2384
person for the clearing, grading, excavating, filling, or other	2385
project for which plans are approved and to deny a permit to a	2386
person whose plans have been disapproved;	2387

(4) Establish procedures for the issuance of the permits;

2388

(5) Establish procedures under which a person may appeal the	2389
denial of a permit.	2390

Areas of less than one contiguous acre shall not be exempt	2391
from compliance with other provisions of this section or rules	2392
adopted under this section. The rules adopted under this section	2393
may impose reasonable filing fees for plan review, permit	2394
processing, and field inspections.	2395

No permit or plan shall be required for a public highway,	2396
transportation, or drainage improvement or maintenance project	2397
undertaken by a government agency or political subdivision in	2398
accordance with a statement of its standard sediment control	2399
policies that is approved by the board or the chief of the	2400
division of soil and water conservation in the department of	2401
natural resources.	2402

(B) Rules or amendments may be adopted under this section	2403
only after public hearings at not fewer than two regular sessions	2404
of the board. The board of county commissioners shall cause to be	2405
published, in a newspaper of general circulation in the county,	2406
notice of the public hearings, including time, date, and place,	2407
once a week for two weeks immediately preceding the hearings, or	2408
as provided in section 7.16 of the Revised Code. The proposed	2409
rules or amendments shall be made available by the board to the	2410
public at the board office or other location indicated in the	2411
notice. The rules or amendments shall take effect on the	2412
thirty-first day following the date of their adoption.	2413

(C) The board of county commissioners may employ personnel to	2414
assist in the administration of this section and the rules adopted	2415
under it. The board also, if the action does not conflict with the	2416
rules, may delegate duties to review sediment control and water	2417
management plans to its employees, and may enter into agreements	2418
with one or more political subdivisions, other county officials,	2419
or other government agencies, in any combination, in order to	2420
obtain reviews and comments on plans governing erosion control,	2421
sediment control, and water management or to obtain other services	2422
for the administration of the rules adopted under this section.	2423

(D) The board of county commissioners or any duly authorized	2424
representative of the board may, upon identification to the owner	2425
or person in charge, enter any land upon obtaining agreement with	2426
the owner, tenant, or manager of the land in order to determine	2427
whether there is compliance with the rules adopted under this	2428
section. If the board or its duly authorized representative is	2429
unable to obtain such an agreement, the board or representative	2430
may apply for, and a judge of the court of common pleas for the	2431
county where the land is located may issue, an appropriate	2432
inspection warrant as necessary to achieve the purposes of this	2433
chapter.	2434

(E)(1) If the board of county commissioners or its duly	2435
authorized representative determines that a violation of the rules	2436
adopted under this section exists, the board or representative may	2437
issue an immediate stop work order if the violator failed to	2438
obtain any federal, state, or local permit necessary for sediment	2439
and erosion control, earth movement, clearing, or cut and fill	2440
activity. In addition, if the board or representative determines	2441
such a rule violation exists, regardless of whether or not the	2442
violator has obtained the proper permits, the board or	2443
representative may authorize the issuance of a notice of	2444
violation. If, after a period of not less than thirty days has	2445
elapsed following the issuance of the notice of violation, the	2446
violation continues, the board or its duly authorized	2447
representative shall issue a second notice of violation. Except as	2448
provided in division (E)(3) of this section, if, after a period of	2449
not less than fifteen days has elapsed following the issuance of	2450
the second notice of violation, the violation continues, the board	2451
or its duly authorized representative may issue a stop work order	2452
after first obtaining the written approval of the prosecuting	2453
attorney of the county if, in the opinion of the prosecuting	2454
attorney, the violation is egregious.	2455

Once a stop work order is issued, the board or its duly	2456
authorize representative shall request, in writing, the	2457
prosecuting attorney of the county to seek an injunction or other	2458
appropriate relief in the court of common pleas to abate excessive	2459
erosion or sedimentation and secure compliance with the rules	2460
adopted under this section. If the prosecuting attorney seeks an	2461
injunction or other appropriate relief, then, in granting relief,	2462
the court of common pleas may order the construction of sediment	2463
control improvements or implementation of other control measures	2464
and may assess a civil fine of not less than one hundred or more	2465
than five hundred dollars. Each day of violation of a rule or stop	2466
work order issued under this section shall be considered a	2467
separate violation subject to a civil fine.	2468

(2) The person to whom a stop work order is issued under this	2469
section may appeal the order to the court of common pleas of the	2470
county in which it was issued, seeking any equitable or other	2471
appropriate relief from that order.	2472

(3) No stop work order shall be issued under this section	2473
against any public highway, transportation, or drainage	2474
improvement or maintenance project undertaken by a government	2475
agency or political subdivision in accordance with a statement of	2476
its standard sediment control policies that is approved by the	2477
board or the chief of the division of soil and water conservation	2478
in the department of natural resources.	2479

(F) No person shall violate any rule adopted or order issued	2480
under this section. Notwithstanding division (E) of this section,	2481
if the board of county commissioners determines that a violation	2482
of any rule adopted or administrative order issued under this	2483
section exists, the board may request, in writing, the prosecuting	2484
attorney of the county to seek an injunction or other appropriate	2485
relief in the court of common pleas to abate excessive erosion or	2486
sedimentation and secure compliance with the rules or order. In	2487
granting relief, the court of common pleas may order the	2488
construction of sediment control improvements or implementation of	2489
other control measures and may assess a civil fine of not less	2490
than one hundred or more than five hundred dollars. Each day of	2491
violation of a rule adopted or administrative order issued under	2492
this section shall be considered a separate violation subject to a	2493
civil fine.	2494

Sec. 307.791. The question of repeal of a county sediment	2495
control rule adopted under section 307.79 of the Revised Code may	2496
be initiated by filing with the board of elections of the county	2497
not less than seventy-five days before the general or primary	2498
election in any year a petition requesting that an election be	2499
held on such question. Such petition shall be signed by qualified	2500
electors residing in the county equal in number to ten per cent of	2501
those voting for governor at the most recent gubernatorial	2502
election in the county.	2503

After determination by it that such petition is valid, the	2504
board of elections shall submit the question to the electors of	2505
the county at the next general or primary election. The election	2506
shall be conducted, canvassed, and certified in the same manner as	2507
regular elections for county offices in the county. Notice of the	2508
election shall be published in a newspaper of general circulation	2509
in the county once a week for two consecutive weeks prior to the	2510
election ~~and, if~~or as provided in section 7.16 of the Revised	2511
Code. If the board of elections operates and maintains a web site,	2512
notice of the election also shall be posted on that web site for	2513
thirty days prior to the election. The notice shall state the	2514
purpose, time, and place of the election and ~~the complete text~~a	2515
succinct summary of each rule sought to be repealed. The form of	2516
the ballot cast at such election shall be prescribed by the	2517
secretary of state. The question covered by such petition shall be	2518
submitted as a separate proposition, but it may be printed on the	2519
same ballot with any other proposition submitted at the same	2520
election other than the election of officers. If a majority of the	2521
qualified electors voting on the question of repeal approve the	2522
repeal, the result of the election shall be certified immediately	2523
after the canvass by the board of elections to the board of county	2524
commissioners, who shall thereupon rescind the rule.	2525

Sec. 307.81. (A) Where lands have been dedicated to or for	2526
the use of the public for parks or park lands, and where such	2527
lands have remained unimproved and unused by the public and there	2528
appears to be little or no possibility that such lands will be	2529
improved and used by the public, the board of county commissioners	2530
of the county in which the lands are located may, by resolution,	2531
declare such parks or park lands vacated upon the petition of a	2532
majority of the abutting freeholders. No such parks or park lands	2533
shall be vacated unless notice of the pendency and prayer of the	2534
petition is given in a newspaper of general circulation in the	2535
county in which such lands are situated for three consecutive	2536
weeks preceding action on such petition or as provided in section	2537
7.16 of the Revised Code. No such lands shall be vacated prior to	2538
a public hearing had thereon.	2539

(B) Before the board of county commissioners may act on a	2540
petition to vacate unimproved and unused parks or park lands under	2541
division (A) of this section, the board shall offer such parks or	2542
park lands to all political subdivisions described in division (C)	2543
of this section. The board shall give notice to those political	2544
subdivisions by first class mail that the parks or park lands may	2545
be declared vacated unless the board of county commissioners	2546
accepts an offer from another political subdivision to buy or	2547
lease the lands. The failure of delivery of any such notice does	2548
not invalidate any proceedings for the disposition of parks or	2549
park lands under this division. Any such political subdivision	2550
that wishes to buy or lease the parks or park lands shall make an	2551
offer for the lands to the board in writing not later than ninety	2552
days after receiving the notice. The board may reject any offer,	2553
except that if it receives an offer in which the political	2554
subdivision agrees to use the lands for park purposes and in which	2555
the board finds all of the other terms acceptable, the board shall	2556
accept that offer. No offer shall be accepted until notice of the	2557
offer is published for three consecutive weeks in a newspaper of	2558
general circulation in the county in which the lands are situated	2559
or as provided in section 7.16 of the Revised Code, and a public	2560
hearing is held. Proceeds from the sale or lease of the lands	2561
shall be placed in the general fund of the county and be disbursed	2562
as prescribed in section 307.82 of the Revised Code. Any deed	2563
conveying the lands shall be executed as provided in that section.	2564

(C) In order to receive a notice or to make an offer	2565
regarding parks or park lands under division (B) of this section,	2566
a political subdivision must meet both of the following	2567
conditions:	2568

(1) Have the authority to acquire, develop, and maintain	2569
public parks or recreation areas;	2570

(2) Contain the parks or park lands in question within its	2571
boundaries, or adjoin a political subdivision that contains those	2572
parks or park lands within its boundaries.	2573

Sec. 307.82. Upon the vacation of parks or park lands, the	2574
board of county commissioners shall offer such lands for sale at a	2575
public auction at the courthouse of the county in which such lands	2576
are situated. No lands shall be sold until the board gives notice	2577
of intention to sell such lands. Such notice shall be published	2578
once a week for four consecutive weeks in a newspaper of general	2579
circulation in the county in which sale is to be had or as	2580
provided in section 7.16 of the Revised Code. The board shall sell	2581
such lands to the highest and best bidder, provided, the board may	2582
reject any and all bids made hereunder.	2583

When such sale is made, the auditor of the county in which	2584
sale is had and in which such lands are located, shall enter into	2585
a deed, conveying said lands to the purchaser thereof. At the time	2586
of sale, the auditor shall place the lands sold hereunder on the	2587
tax duplicate of the county at a value to be established by ~~him~~	2588
the auditor as in cases where hethe auditor re-enters property	2589
which has been tax exempt on the taxable list of the county.	2590

The proceeds from the sale of lands sold pursuant to this	2591
section shall be placed in the general fund of the county in which	2592
such lands are located and may be disbursed as other general fund	2593
moneys.	2594

Sec. 307.83. When real estate which has been dedicated to or	2595
for the use of the public for parks or park lands is vacated by	2596
the board of county commissioners pursuant to division (A) of	2597
section 307.81 of the Revised Code or is to be sold or leased for	2598
nonpark use under division (B) of that section, and where	2599
reversionary interests have been set up in the event of the	2600
non-use of such lands for the dedicated purpose, such reversionary	2601
interests shall accelerate and vest in the holders thereof upon	2602
such vacation, or prior to the acceptance of an offer to buy or	2603
lease the land. Thereupon the auditor of the county shall place	2604
the lands on the tax duplicate of the county in the names of such	2605
reversioners as are known to the board of county commissioners. If	2606
the board is unable to establish the names of such reversioners,	2607
it shall fix a date on or before which claims to such real estate	2608
may be asserted and after which such real estate shall be sold or	2609
leased. The board shall give notice of such date and of the sale	2610
or lease to be held thereafter, once each week for four	2611
consecutive weeks in a newspaper of general circulation in the	2612
county wherein such lands are located or as provided in section	2613
7.16 of the Revised Code. In the event that no claims to such	2614
lands are asserted or found to be valid, the lands shall be sold	2615
pursuant to section 307.82 of the Revised Code in the case of a	2616
vacation of the lands pursuant to division (A) of section 307.81	2617
of the Revised Code, or be sold or leased pursuant to division (B)	2618
of section 307.81 of the Revised Code if an agreement with a	2619
political subdivision is entered into under that division, and the	2620
title of any holders of reversionary interests shall be	2621
extinguished.	2622

Sec. 308.13. (A) The board of trustees of a regional airport	2623
authority or any officer or employee designated by such board may	2624
make any contract for the purchase of supplies or material or for	2625
labor for any work, under the supervision of the board, the cost	2626
of which shall not exceed fifteen thousand dollars. Except where	2627
the contract is for equipment, materials, or supplies available	2628
from a qualified nonprofit agency pursuant to sections 4115.31 to	2629
4115.35 of the Revised Code, when an expenditure, other than for	2630
the acquisition of real estate, the discharge of noncontractual	2631
claims, personal services, or for the product or services of	2632
public utilities, exceeds fifteen thousand dollars, such	2633
expenditure shall be made only after a notice calling for bids has	2634
been published once a week for three consecutive weeks in ~~at least~~	2635
~~one~~a newspaper of general circulation within the territorial	2636
boundaries of the regional airport authority, or as provided in	2637
section 7.16 of the Revised Code. If the bid is for a contract for	2638
the construction, demolition, alteration, repair, or	2639
reconstruction of an improvement, it shall meet the requirements	2640
of section 153.54 of the Revised Code. If the bid is for any other	2641
contract authorized by this section, it shall be accompanied by a	2642
good and approved bond with ample security conditioned on the	2643
carrying out of the contract. The board may let the contract to	2644
the lowest and best bidder. Such contract shall be in writing and	2645
shall be accompanied by or shall refer to plans and specifications	2646
for the work to be done, approved by the board. The plans and	2647
specifications shall at all times be made and considered part of	2648
the contract. Said contract shall be approved by the board and	2649
signed by its chief executive officer and by the contractor, and	2650
shall be executed in duplicate.	2651

(B) Whenever a board of trustees of a regional airport	2652
authority or any officer or employee designated by the board makes	2653
a contract for the purchase of supplies or material or for labor	2654
for any work, the cost of which is greater than one thousand	2655
dollars but no more than fifteen thousand dollars, the board or	2656
designated officer or employee shall solicit informal estimates	2657
from no fewer than three potential suppliers before awarding the	2658
contract. With regard to each such contract, the board shall	2659
maintain a record of such estimates, including the name of each	2660
person from whom an estimate is solicited, for no less than one	2661
year after the contract is awarded.	2662

Sec. 317.20. (A) When, in the opinion of the board of county	2663
commissioners, sectional indexes are needed and it so directs, in	2664
addition to the alphabetical indexes provided for in section	2665
317.18 of the Revised Code, the board may provide for making, in	2666
books prepared for that purpose, sectional indexes to the records	2667
of all real estate in the county beginning with some designated	2668
year and continuing through the period of years that the board	2669
specifies. The sectional indexes shall place under the heads of	2670
the original surveyed sections or surveys, parts of a section or	2671
survey, squares, subdivisions, permanent parcel numbers provided	2672
for under section 319.28 of the Revised Code, or lots, on the	2673
left-hand page or on the upper portion of that page of the index	2674
book, the name of the grantor, then the name of the grantee, then	2675
the number and page of the record in which the instrument is found	2676
recorded, then the character of the instrument, and then a	2677
pertinent description of the interest in property conveyed by the	2678
deed, lease, or assignment of lease and shall place under similar	2679
headings on the right-hand page or on the lower portion of that	2680
page of the index book, beginning at the bottom, all the	2681
mortgages, liens, notices provided for in sections 5301.51,	2682
5301.52, and 5301.56 of the Revised Code, or other encumbrances	2683
affecting the real estate.	2684

(B) The compensation for the services rendered under this	2685
section shall be paid from the general revenue fund of the county,	2686
and no additional levy shall be made in consequence of the	2687
services.	2688

(C) If the board of county commissioners decides to have	2689
sectional indexes made, it shall advertise for three consecutive	2690
weeks in one newspaper of general circulation in the county or as	2691
provided in section 7.16 of the Revised Code for sealed proposals	2692
to do the work provided for in this section, shall contract with	2693
the lowest and best bidder, and shall require the successful	2694
bidder to give a bond for the faithful performance of the contract	2695
in the sum that the board fixes. The work shall be done to the	2696
acceptance of the auditor of state upon allowance by the board.	2697
The board may reject any and all bids for the work, provided that	2698
no more than five cents shall be paid for each entry of each tract	2699
or lot of land.	2700

(D) When the sectional indexes are brought up and completed,	2701
the county recorder shall maintain the indexes and comply with	2702
division (E) of this section in connection with registered land.	2703

(E)(1) As used in division (E) of this section, "housing	2704
accommodations" and "restrictive covenant" have the same meanings	2705
as in section 4112.01 of the Revised Code.	2706

(2) In connection with any transfer of registered land that	2707
occurs on and after ~~the effective date of this amendment~~March30,	2708
1999, in accordance with Chapters 5309. and 5310. of the Revised	2709
Code, the county recorder shall delete from the sectional indexes	2710
maintained under this section all references to any restrictive	2711
covenant that appears to apply to the transferred registered land,	2712
if any inclusion of the restrictive covenant in a transfer,	2713
rental, or lease of housing accommodations, any honoring or	2714
exercising of the restrictive covenant, or any attempt to honor or	2715
exercise the restrictive covenant constitutes an unlawful	2716
discriminatory practice under division (H)(9) of section 4112.02	2717
of the Revised Code.	2718

Sec. 319.11. The county auditor shall, on or before ninety	2719
days after the close of the fiscal year, prepare a financial	2720
report of the county for the preceding fiscal year in such form as	2721
prescribed by the auditor of state. Upon completing the report,	2722
the county auditor shall publish notice that the report has been	2723
completed and is available for public inspection at the office of	2724
the county auditor. The notice shall be published once in ~~two~~	2725
~~newspapers~~a newspaper of general circulation ~~published~~ in the	2726
county~~, except that if only one newspaper is published in the~~	2727
~~county, then publication in only one newspaper is required, and~~	2728
if. If there ~~are~~is no ~~newspapers~~newspaper of general circulation	2729
in the county, then publication is required in the newspaper of	2730
general circulation in an adjoining county that has the largest	2731
circulation in ~~the~~that adjoining county. The report shall contain	2732
at least the information required by section 117.38 of the Revised	2733
Code, and a copy shall be filed with the auditor of state.	2734

No county auditor shall fail or neglect to prepare the report	2735
or publish notice of completion of the report as required by this	2736
section.	2737

Sec. 321.18. As soon as sufficient funds are in the county	2738
treasury to redeem the warrants drawn on the treasury, and on	2739
which interest is accruing, the county treasurer shall give notice	2740
in a newspaper ~~published in and circulating~~of general circulation	2741
in ~~his~~the county that hethe treasurer is ready to redeem such	2742
warrants, and from the date of the notice the interest on such	2743
warrants shall cease.	2744

Sec. 322.02. (A) For the purpose of paying the costs of	2745
enforcing and administering the tax and providing additional	2746
general revenue for the county, any county may levy and collect a	2747
tax to be known as the real property transfer tax on each deed	2748
conveying real property or any interest in real property located	2749
wholly or partially within the boundaries of the county at a rate	2750
not to exceed thirty cents per hundred dollars for each one	2751
hundred dollars or fraction thereof of the value of the real	2752
property or interest in real property located within the	2753
boundaries of the county granted, assigned, transferred, or	2754
otherwise conveyed by the deed. The tax shall be levied pursuant	2755
to a resolution adopted by the board of county commissioners of	2756
the county and, except as provided in division (A) of section	2757
322.07 of the Revised Code, shall be levied at a uniform rate upon	2758
all deeds as defined in ~~dividion~~division (D) of section 322.01 of	2759
the Revised Code. Prior to the adoption of any such resolution,	2760
the board of county commissioners shall conduct two public	2761
hearings thereon, the second hearing to be not less than three nor	2762
more than ten days after the first. Notice of the date, time, and	2763
place of the hearings shall be given by publication in a newspaper	2764
of general circulation in the county once a week on the same day	2765
of the week for two consecutive weeks~~, the~~or as provided in	2766
section 7.16 of the Revised Code. The second publication ~~being~~	2767
shall be not less than ten nor more than thirty days prior to the	2768
first hearing. The tax shall be levied upon the grantor named in	2769
the deed and shall be paid by the grantor for the use of the	2770
county to the county auditor at the time of the delivery of the	2771
deed as provided in section 319.202 of the Revised Code and prior	2772
to the presentation of the deed to the recorder of the county for	2773
recording.	2774

(B) No resolution levying a real property transfer tax	2775
pursuant to this section or a manufactured home transfer tax	2776
pursuant to section 322.06 of the Revised Code shall be effective	2777
sooner than thirty days following its adoption. Such a resolution	2778
is subject to a referendum as provided in sections 305.31 to	2779
305.41 of the Revised Code, unless the resolution is adopted as an	2780
emergency measure necessary for the immediate preservation of the	2781
public peace, health, or safety, in which case it shall go into	2782
immediate effect. An emergency measure must receive an affirmative	2783
vote of all of the members of the board of commissioners, and	2784
shall state the reasons for the necessity. A resolution may direct	2785
the board of elections to submit the question of levying the tax	2786
to the electors of the county at the next primary or general	2787
election in the county occurring not less than seventy-five days	2788
after the resolution is certified to the board. No such resolution	2789
shall go into effect unless approved by a majority of those voting	2790
upon it.	2791

Sec. 322.021. The question of a repeal of a county	2792
permissive tax adopted as an emergency measure pursuant to	2793
division (B) of section 322.02 of the Revised Code may be	2794
initiated by filing with the board of elections of the county not	2795
less than seventy-five days before the general election in any	2796
year a petition requesting that an election be held on such	2797
question. Such petition shall be signed by qualified electors	2798
residing in the county equal in number to ten per cent of those	2799
voting for governor at the most recent gubernatorial election.	2800

After determination by it that such petition is valid, the	2801
board of elections shall submit the question to the electors of	2802
the county at the next general election. The election shall be	2803
conducted, canvassed, and certified in the same manner as regular	2804
elections for county offices in the county. Notice of the election	2805
shall be published in a newspaper of general circulation in the	2806
district once a week for two consecutive weeks prior to the	2807
election ~~and, if~~or as provided in section 7.16 of the Revised	2808
Code. If the board of elections operates and maintains a web site,	2809
notice of the election also shall be posted on that web site for	2810
thirty days prior to the election. The notice shall state the	2811
purpose, time, and place of the election. The form of the ballot	2812
cast at such election shall be prescribed by the secretary of	2813
state. The question covered by such petition shall be submitted as	2814
a separate proposition, but it may be printed on the same ballot	2815
with any other proposition submitted at the same election other	2816
than the election of officers. If a majority of the qualified	2817
electors voting on the question of repeal approve the repeal, the	2818
result of the election shall be certified immediately after the	2819
canvass by the board of elections to the board of county	2820
commissioners, who shall thereupon, after the current year, cease	2821
to levy the tax.	2822

Sec. 323.08. After certifying the tax list and duplicate	2823
pursuant to section 319.28 of the Revised Code, the county auditor	2824
shall deliver a list of the tax rates, tax reduction factors, and	2825
effective tax rates assessed and applied against each of the two	2826
classes of property of the county to the county treasurer, who	2827
shall immediately cause a schedule of such tax rates and effective	2828
rates to be published in a newspaper of ~~the type described in~~	2829
~~section 5721.01 of the Revised Code having~~ general circulation in	2830
the county or, in lieu of such publication, the county treasurer	2831
may insert a copy of such schedule with each tax bill mailed. Such	2832
schedule shall specify particularly the rates and effective rates	2833
of taxation levied for all purposes on the tax list and duplicate	2834
for the support of the various taxing units within the county,	2835
expressed in dollars and cents for each one thousand dollars of	2836
valuation. The effective tax rates shall be printed in boldface	2837
type.	2838

The county treasurer shall publish notice of the date of the	2839
last date for payment of each installment of taxes once a week for	2840
two successive weeks prior to such date in ~~two newspapers~~a	2841
newspaper of general circulation within the county or as provided	2842
in section 7.16 of the Revised Code. ~~If only one such newspaper~~	2843
~~exists, the notice shall be published in it.~~ The notice shall be	2844
inserted in a conspicuous place ~~in each newspaper~~ and shall also	2845
contain notice that any taxes paid after such date will accrue a	2846
penalty and interest and that failure to receive a tax bill will	2847
not avoid such penalty and interest. The notice shall contain a	2848
telephone number that may be called by taxpayers who have not	2849
received tax bills.	2850

As used in this section and section 323.131 of the Revised	2851
Code, "effective tax rate" means the effective rate after making	2852
the reduction required by section 319.301, but before making the	2853
reduction required by section 319.302 of the Revised Code.	2854

Sec. 324.02. For the purpose of providing additional general	2855
revenues for the county and paying the expense of administering	2856
such levy, any county may levy a county excise tax to be known as	2857
the utilities service tax on the charge for every utility service	2858
to customers within the county at a rate not to exceed two per	2859
cent of such charge. On utility service to customers engaged in	2860
business, the tax shall be imposed at a rate of one hundred fifty	2861
per cent of the rate imposed upon all other consumers within the	2862
county. The tax shall be levied pursuant to a resolution adopted	2863
by the board of county commissioners of the county and shall be	2864
levied at uniform rates required by this section upon all charges	2865
for utility service except as provided in section 324.03 of the	2866
Revised Code. The tax shall be levied upon the customer and shall	2867
be paid by the customer to the utility supplying the service at	2868
the time the customer pays the utility for the service. If the	2869
charge for utility service is billed to a person other than the	2870
customer at the request of such person, the tax commissioner of	2871
the state may, in accordance with section 324.04 of the Revised	2872
Code, provide for the levy of the tax against and the payment of	2873
the tax by such other person. Each utility furnishing a utility	2874
service the charge for which is subject to the tax shall set forth	2875
the tax as a separate item on each bill or statement rendered to	2876
the customer.	2877

Prior to the adoption of any resolution levying a utilities	2878
service tax the board of county commissioners shall conduct two	2879
public hearings thereon, the second hearing to be not less than	2880
three nor more than ten days after the first. Notice of the date,	2881
time, and place of such hearings shall be given by publication in	2882
a newspaper of general circulation in the county once a week on	2883
the same day of the week for two consecutive weeks~~, the~~or as	2884
provided in section 7.16 of the Revised Code. The second	2885
publication ~~being~~shall be not less than ten nor more than thirty	2886
days prior to the first hearing. No resolution levying a utilities	2887
service tax pursuant to this section of the Revised Code shall be	2888
effective sooner than thirty days following its adoption and such	2889
resolution is subject to a referendum as provided in sections	2890
305.31 to 305.41 of the Revised Code, unless such resolution is	2891
adopted as an emergency measure necessary for the immediate	2892
preservation of the public peace, health, or safety, in which case	2893
it shall go into immediate effect. Such emergency measure must	2894
receive an affirmative vote of all of the members of the board of	2895
commissioners, and shall state the reasons for such necessity. A	2896
resolution may direct the board of elections to submit the	2897
question of levying the tax to the electors of the county at the	2898
next primary or general election in the county occurring not less	2899
than seventy-five days after such resolution is certified to the	2900
board. No such resolution shall go into effect unless approved by	2901
a majority of those voting upon it. The tax levied by such	2902
resolution shall apply to all bills rendered subsequent to the	2903
sixtieth day after the effective date of the resolution. No bills	2904
shall be rendered out of the ordinary course of business to avoid	2905
payment of the tax.	2906

Sec. 324.021. The question of repeal of a county permissive	2907
tax adopted as an emergency measure pursuant to section 324.02 of	2908
the Revised Code may be initiated by filing with the board of	2909
elections of the county not less than seventy-five days before the	2910
general election in any year a petition requesting that an	2911
election be held on such question. Such petition shall be signed	2912
by qualified electors residing in the county equal in number to	2913
ten per cent of those voting for governor at the most recent	2914
gubernatorial election.	2915

After determination by it that such petition is valid, the	2916
board of elections shall submit the question to the electors of	2917
the county at the next general election. The election shall be	2918
conducted, canvassed, and certified in the same manner as regular	2919
elections for county offices in the county. Notice of the election	2920
shall be published in a newspaper of general circulation in the	2921
district once a week for two consecutive weeks prior to the	2922
election ~~and, if~~or as provided in section 7.16 of the Revised	2923
Code. If the board of elections operates and maintains a web site,	2924
notice of the election also shall be posted on that web site for	2925
thirty days prior to the election. The notice shall state the	2926
purpose, time, and place of the election. The form of the ballot	2927
cast at such election shall be prescribed by the secretary of	2928
state. The question covered by such petition shall be submitted as	2929
a separate proposition, but it may be printed on the same ballot	2930
with any other proposition submitted at the same election other	2931
than the election of officers. If a majority of the qualified	2932
electors voting on the question of repeal approve the repeal, the	2933
result of the election shall be certified immediately after the	2934
canvass by the board of elections to the board of county	2935
commissioners, who shall thereupon, after the current year, cease	2936
to levy the tax.	2937

Sec. 343.08. (A) The board of county commissioners of a	2938
county solid waste management district and the board of directors	2939
of a joint solid waste management district may fix reasonable	2940
rates or charges to be paid by every person, municipal	2941
corporation, township, or other political subdivision that owns	2942
premises to which solid waste collection, storage, transfer,	2943
disposal, recycling, processing, or resource recovery service is	2944
provided by the district and may change the rates or charges	2945
whenever it considers it advisable. Charges for collection,	2946
storage, transfer, disposal, recycling, processing, or resource	2947
recovery service shall be made only against lots or parcels that	2948
are improved, or in the process of being improved, with at least	2949
one permanent, portable, or temporary building. The rates or	2950
charges may be collected by either of the following means:	2951

(1) Periodic billings made by the district directly or in	2952
conjunction with billings for public utility rates or charges by a	2953
county water district established under section 6103.02 of the	2954
Revised Code, a county sewer district established under section	2955
6117.02 of the Revised Code, or a municipal corporation or other	2956
political subdivision authorized by law to provide public utility	2957
service. When any such charges that are so billed are not paid,	2958
the board shall certify them to the county auditor of the county	2959
where the lots or parcels are located, who shall place them upon	2960
the real property duplicate against the property served by the	2961
collection, storage, transfer, disposal, recycling, processing, or	2962
resource recovery service. The charges shall be a lien on the	2963
property from the date they are placed upon the real property	2964
duplicate by the auditor and shall be collected in the same manner	2965
as other taxes.	2966

(2) Certifying the rates or charges to the county auditor of	2967
the county where the lots or parcels are located, who shall place	2968
them on the real property duplicate against the lots or parcels.	2969
The rates or charges are a lien on the property from the date they	2970
are placed upon the real property duplicate by the auditor and	2971
shall be collected in the same manner as other taxes.	2972

The county or joint district need not fix a rate or charge	2973
against property if the district does not operate a collection	2974
system.	2975

Where a county or joint district owns or operates a solid	2976
waste facility, either without a collection system or in	2977
conjunction therewith, the board of county commissioners or board	2978
of directors may fix reasonable rates or charges for the use of	2979
the facility by persons, municipal corporations, townships, and	2980
other political subdivisions, may contract with any public	2981
authority or person for the collection of solid wastes in any part	2982
of any district for collection, storage, disposal, transfer,	2983
recycling, processing, or resource recovery in any solid waste	2984
facility, or may lease the facility to any public authority or	2985
person. The cost of collection, storage, transfer, disposal,	2986
recycling, processing, or resource recovery under such contracts	2987
may be paid by rates or charges fixed and collected under this	2988
section or by rates and charges fixed under those contracts and	2989
collected by the contractors.	2990

All moneys collected by or on behalf of a county or joint	2991
district as rates or charges for solid waste collection, storage,	2992
transfer, disposal, recycling, processing, or resource recovery	2993
service in any district shall be paid to the county treasurer in a	2994
county district or to the county treasurer or other official	2995
designated by the board of directors in a joint district and kept	2996
in a separate and distinct fund to the credit of the district. The	2997
fund shall be used for the payment of the cost of the management,	2998
maintenance, and operation of the solid waste collection or other	2999
solid waste facilities of the district and, if applicable, the	3000
payment of the cost of collecting the rates or charges of the	3001
district pursuant to division (A)(1) or (2) of this section. Prior	3002
to the approval of the district's initial solid waste management	3003
plan under section 3734.55 of the Revised Code or the issuance of	3004
an order under that section requiring the district to implement an	3005
initial plan prepared by the director, as appropriate, the fund	3006
also may be used for the purposes of division (G)(1) or (3) of	3007
section 3734.57 of the Revised Code. On and after the approval of	3008
the district's initial plan under section 3734.521 or 3734.55 of	3009
the Revised Code or the issuance of an order under either of those	3010
sections, as appropriate, requiring the district to implement an	3011
initial plan prepared by the director, the fund also may be used	3012
for the purposes of divisions (G)(1) to (10) of section 3734.57 of	3013
the Revised Code. Those uses may include, in accordance with a	3014
cost allocation plan adopted under division (B) of this section,	3015
the payment of all allowable direct and indirect costs of the	3016
district, the sanitary engineer or sanitary engineering	3017
department, or a federal or state grant program, incurred for the	3018
purposes of this chapter and sections 3734.52 to 3734.572 of the	3019
Revised Code. Any surplus remaining after those uses of the fund	3020
may be used for the enlargement, modification, or replacement of	3021
such facilities and for the payment of the interest and principal	3022
on bonds and bond anticipation notes issued pursuant to section	3023
343.07 of the Revised Code. In no case shall money so collected be	3024
expended otherwise than for the use and benefit of the district.	3025

A board of county commissioners or directors, instead of	3026
operating and maintaining solid waste collection or other solid	3027
waste facilities of the district with county or joint district	3028
personnel, may enter into a contract with a municipal corporation	3029
having territory within the district pursuant to which the	3030
operation and maintenance of the facilities will be performed by	3031
the municipal corporation.	3032

The products of any solid waste collection or other solid	3033
waste facility owned under this chapter shall be sold through	3034
competitive bidding in accordance with section 307.12 of the	3035
Revised Code, except when a board of county commissioners or	3036
directors determines by resolution that it is in the public	3037
interest to sell those products in a commercially reasonable	3038
manner without competitive bidding.	3039

(B) A board of county commissioners or directors may adopt a	3040
cost allocation plan that identifies, accumulates, and distributes	3041
allowable direct and indirect costs that may be paid from the fund	3042
of the district created in division (A) of this section and	3043
prescribes methods for allocating those costs. The plan shall	3044
authorize payment from the fund for only those costs incurred by	3045
the district, the sanitary engineer or sanitary engineering	3046
department, or a federal or state grant program, and those costs	3047
incurred by the general and other funds of the county for a common	3048
or joint purpose, that are necessary and reasonable for the proper	3049
and efficient administration of the district under this chapter	3050
and sections 3734.52 to 3734.572 of the Revised Code. The plan	3051
shall not authorize payment from the fund of any general	3052
government expense required to carry out the overall governmental	3053
responsibilities of a county. The plan shall conform to United	3054
States office of management and budget Circular A-87 "Cost	3055
Principles for State and Local Governments," published January 15,	3056
1983.	3057

(C) A board of county commissioners or directors shall fix	3058
rates or charges, or enter into contracts fixing the rates or	3059
charges to be collected by the contractor, for solid waste	3060
collection, storage, transfer, disposal, recycling, processing, or	3061
resource recovery services at a public meeting held in accordance	3062
with section 121.22 of the Revised Code. In addition to fulfilling	3063
the requirements of section 121.22 of the Revised Code, the board,	3064
before fixing or changing rates or charges for solid waste	3065
collection, storage, transfer, disposal, recycling, processing, or	3066
resource recovery services, or before entering into a contract	3067
that fixes rates or charges to be collected by the contractor	3068
providing the services, shall hold at least three public hearings	3069
on the proposed rates, charges, or contract. Prior to the first	3070
public hearing, the board shall publish notice of the public	3071
hearings as provided in section 7.16 of the Revised Code or once a	3072
week for three consecutive weeks in a newspaper of general	3073
circulation in the county or counties that would be affected by	3074
the proposed rates, charges, or contract. The notice shall include	3075
a listing of the proposed rates or charges to be fixed and	3076
collected by the board or fixed pursuant to the contract and	3077
collected by the contractor, and the dates, time, and place of	3078
each of the three hearings thereon. The board shall hear any	3079
person who wishes to testify on the proposed rates, charges, or	3080
contract.	3081

Sec. 345.03. A copy of any resolution adopted under section	3082
345.01 of the Revised Code shall be certified within five days by	3083
the taxing authority and not later than four p. m. of the	3084
seventy-fifth day before the day of the election, to the county	3085
board of elections, and such board shall submit the proposal to	3086
the electors of the subdivision at the succeeding general	3087
election. The board shall make the necessary arrangements for the	3088
submission of such question to the electors of the subdivision,	3089
and the election shall be conducted, canvassed, and certified in	3090
like manner as regular elections in such subdivision.	3091

Notice of the election shall be published once in a	3092
newspaper of general circulation in the subdivision, ~~at least~~	3093
~~once,~~ not less than two weeks prior to such election. The notice	3094
shall set out the purpose of the proposed increase in rate, the	3095
amount of the increase expressed in dollars and cents for each one	3096
hundred dollars of valuation as well as in mills for each one	3097
dollar of property valuation, the number of years during which	3098
such increase will be in effect, and the time and place of holding	3099
such election.	3100

Sec. 349.03. (A) Proceedings for the organization of a new	3101
community authority shall be initiated by a petition filed by the	3102
developer in the office of the clerk of the board of county	3103
commissioners of one of the counties in which all or part of the	3104
proposed new community district is located. Such petition shall be	3105
signed by the developer and may be signed by each proximate city.	3106
The legislative authorities of each such proximate city shall act	3107
in behalf of such city. Such petition shall contain:	3108

(1) The name of the proposed new community authority;

3109

(2) The address where the principal office of the authority	3110
will be located or the manner in which the location will be	3111
selected;	3112

(3) A map and a full and accurate description of the	3113
boundaries of the new community district together with a	3114
description of the properties within such boundaries, if any,	3115
which will not be included in the new community district. Unless	3116
the district is wholly contained within municipalities, the total	3117
acreage included in such district shall not be less than one	3118
thousand acres, all of which acreage shall be owned by, or under	3119
the control through leases of at least seventy-five years	3120
duration, options, or contracts to purchase, of the developer, if	3121
the developer is a private entity. Such acreage shall be	3122
developable as one functionally interrelated community.	3123

(4) A statement setting forth the zoning regulations proposed	3124
for zoning the area within the boundaries of the new community	3125
district for comprehensive development as a new community, and if	3126
the area has been zoned for such development, a certified copy of	3127
the applicable zoning regulations therefor;	3128

(5) A current plan indicating the proposed development	3129
program for the new community district, the land acquisition and	3130
land development activities, community facilities, and services	3131
which it is proposed the new community authority will undertake	3132
under such program and the proposed method of financing such	3133
activities and services and the projected total population of the	3134
new community;	3135

(6) A suggested number of members, consistent with section	3136
349.04 of the Revised Code, for the board of trustees;	3137

(7) A preliminary economic feasibility analysis, including	3138
the area development pattern and demand, location and proposed new	3139
community district size, present and future socio-economic	3140
conditions, public services provision, financial plan, and the	3141
developer's management capability;	3142

(8) A statement that the development will comply with all	3143
applicable environmental laws and regulations.	3144

Upon the filing of such petition, the organizational board of	3145
commissioners shall determine whether such petition complies with	3146
the requirements of this section as to form and substance. The	3147
board in subsequent proceedings may at any time permit the	3148
petition to be amended in form and substance to conform to the	3149
facts by correcting any errors in the description of the proposed	3150
new community district or in any other particular.	3151

Upon the determination of the organizational board of	3152
commissioners that a sufficient petition has been filed in	3153
accordance with this section, the board shall fix the time and	3154
place of a hearing on the petition for the establishment of the	3155
proposed new community authority. Such hearing shall be held not	3156
less than ninety-five nor more than one hundred fifteen days after	3157
the petition filing date, except that if the petition has been	3158
signed by all proximate cities, such hearing shall be held not	3159
less than thirty nor more than forty-five days after the petition	3160
filing date. The clerk of the board of county commissioners with	3161
which the petition was filed shall give notice thereof by	3162
publication as provided in section 7.16 of the Revised Code or	3163
once each week for three consecutive weeks in a newspaper of	3164
general circulation in any county of which a portion is within the	3165
proposed new community district. Such clerk shall also give	3166
written notice of the date, time, and place of the hearing and	3167
furnish a certified copy of the petition to the clerk of the	3168
legislative authority of each proximate city which has not signed	3169
such petition. In the event that the legislative authority of a	3170
proximate city which did not sign the petition does not approve by	3171
ordinance, resolution, or motion the establishment of the proposed	3172
new community authority and does not deliver such ordinance,	3173
resolution, or motion to the clerk of the board of county	3174
commissioners with which the petition was filed within ninety days	3175
following the date of the first publication of the notice of the	3176
public hearing, the organizational board of commissioners shall	3177
cancel such public hearing and terminate the proceedings for the	3178
establishment of the new community authority.	3179

Upon the hearing, if the organizational board of	3180
commissioners determines by resolution that the proposed new	3181
community district will be conducive to the public health, safety,	3182
convenience, and welfare, and is intended to result in the	3183
development of a new community, the board shall by its resolution,	3184
entered of record in its journal and the journal of the board of	3185
county commissioners with which the petition was filed, declare	3186
the new community authority to be organized and a body politic and	3187
corporate with the corporate name designated in the resolution,	3188
and define the boundary of the new community district. In	3189
addition, the resolution shall provide the method of selecting the	3190
board of trustees of the new community authority and fix the	3191
surety for their bonds in accordance with section 349.04 of the	3192
Revised Code.	3193

If the organizational board of commissioners finds that the	3194
establishment of the district will not be conducive to the public	3195
health, safety, convenience, or welfare, or is not intended to	3196
result in the development of a new community, it shall reject the	3197
petition thereby terminating the proceedings for the establishment	3198
of the new community authority.	3199

(B) At any time after the creation of a new community	3200
authority, the developer may file an application with the clerk of	3201
the board of county commissioners of the county in which the	3202
original petition was filed, setting forth a general description	3203
of territory it desires to add or to delete from such district,	3204
that such change will be conducive to the public health, safety,	3205
convenience, and welfare, and will be consistent with the	3206
development of a new community and will not jeopardize the plan of	3207
the new community. If the developer is not a municipal corporation	3208
or county, all of such an addition to such a district shall be	3209
owned by, or under the control through leases of at least	3210
seventy-five years duration, options, or contracts to purchase, of	3211
the developer. Upon the filing of the application, the	3212
organizational board of commissioners shall follow the same	3213
procedure as required by this section in relation to the petition	3214
for the establishment of the proposed new community.	3215

(C) If all or any part of the new community district is	3216
annexed to one or more existing municipal corporations, their	3217
legislative authorities may appoint persons to replace any	3218
appointed citizen member of the board of trustees. The number of	3219
such trustees to be replaced by the municipal corporation shall be	3220
the number, rounded to the lowest integer, bearing the	3221
proportionate relationship to the number of existing appointed	3222
citizen members as the acreage of the new community district	3223
within such municipal corporation bears to the total acreage of	3224
the new community district. If any such municipal corporation	3225
chooses to replace an appointed citizen member, it shall do so by	3226
ordinance, the term of the trustee being replaced shall terminate	3227
thirty days from the date of passage of such ordinance, and the	3228
trustee to be replaced shall be determined by lot. Each newly	3229
appointed member shall assume the term of ~~his~~the member's	3230
predecessor.	3231

Sec. 501.07. Lands described in division (A) of section	3232
501.06 of the Revised Code shall continue to be leased under the	3233
terms granted until such time as the lease may expire. At the time	3234
of expiration, subject to section 501.04 of the Revised Code, the	3235
land may be leased again by the board of education of the school	3236
district for whose benefit the land has been allocated or be	3237
offered for sale by public auction or by the receipt of sealed	3238
bids with the sale awarded by the school board to the highest	3239
bidder. Prior to the offering of these lands for sale, the school	3240
board shall have an appraisal made of these lands by at least two	3241
disinterested appraisers. Notification of the sale of these lands,	3242
including the minerals in or on these or other lands, shall be	3243
advertised ~~at least~~ once a week for two consecutive weeks, or as	3244
provided in section 7.16 of the Revised Code, in a newspaper of	3245
general circulation in the county in which the land is located.	3246
No bids shall be accepted for less than the appraised value of the	3247
land.	3248

Sec. 503.05. When a boundary line between townships is in	3249
dispute, the board of county commissioners, upon application of	3250
the board of township trustees of one of such townships, and upon	3251
notice in writing to the board of township trustees of such civil	3252
township, and on thirty days' public notice printed in a newspaper	3253
~~published~~of general circulation within the county, shall	3254
establish such boundary line and make a record thereof as provided	3255
by section 503.04 of the Revised Code.	3256

Sec. 503.162. (A) After certification of a resolution as	3257
provided in section 503.161 of the Revised Code, the board of	3258
elections shall submit the question of whether the township's name	3259
shall be changed to the electors of the unincorporated area of the	3260
township in accordance with division (C) of that section, and the	3261
ballot language shall be substantially as follows:	3262

"Shall the township of .......... (name) change its name to	3263
........ (proposed name)?	3264

.......... For name change

3265

.......... Against name change"

3266

(B)(1) At least forty-five days before the election on this	3267
question, the board of township trustees shall provide notice of	3268
the election and an explanation of the proposed name change in a	3269
newspaper of general circulation in the township once a week for	3270
two consecutive weeks ~~and~~or as provided in section 7.16 of the	3271
Revised Code. The board of township trustees shall post the notice	3272
and explanation in five conspicuous places in the unincorporated	3273
area of the township.	3274

(2) If the board of elections operates and maintains a web	3275
site, notice of the election and an explanation of the proposed	3276
name change shall be posted on that web site for at least thirty	3277
days before the election on this question.	3278

(C) If a majority of the votes cast on the proposition of	3279
changing the township's name is in the affirmative, the name	3280
change is adopted and becomes effective ninety days after the	3281
board of elections certifies the election results to the fiscal	3282
officer of the township. Upon receipt of the certification of the	3283
election results from the board of elections, the fiscal officer	3284
of the township shall send a copy of that certification to the	3285
secretary of state.	3286

(D) A change in the name of a township shall not alter the	3287
rights or liabilities of the township as previously named.	3288

Sec. 503.41. (A) A board of township trustees, by	3289
resolution, may regulate and require the registration of massage	3290
establishments and their employees within the unincorporated	3291
territory of the township. In accordance with sections 503.40 to	3292
503.49 of the Revised Code, for that purpose, the board, by a	3293
majority vote of all members, may adopt, amend, administer, and	3294
enforce regulations within the unincorporated territory of the	3295
township.	3296

(B) A board may adopt regulations and amendments under this	3297
section only after public hearing at not fewer than two regular	3298
sessions of the board. The board shall cause to be published in at	3299
~~least one~~a newspaper of general circulation in the township, or	3300
as provided in section 7.16 of the Revised Code, notice of the	3301
public hearings, including the time, date, and place, once a week	3302
for two weeks immediately preceding the hearings. The board shall	3303
make available proposed regulations or amendments to the public at	3304
the office of the board.	3305

(C) Regulations or amendments adopted by the board are	3306
effective thirty days after the date of adoption unless, within	3307
thirty days after the adoption of the regulations or amendments,	3308
the township fiscal officer receives a petition, signed by a	3309
number of qualified electors residing in the unincorporated area	3310
of the township equal to not less than ten per cent of the total	3311
vote cast for all candidates for governor in the area at the most	3312
recent general election at which a governor was elected,	3313
requesting the board to submit the regulations or amendments to	3314
the electors of the area for approval or rejection at the next	3315
primary or general election occurring at least seventy-five days	3316
after the board receives the petition.	3317

No regulation or amendment for which the referendum vote has	3318
been requested is effective unless a majority of the ~~vote~~votes	3319
cast on the issue is in favor of the regulation or amendment.	3320
Upon certification by the board of elections that a majority of	3321
the votes cast on the issue was in favor of the regulation or	3322
amendment, the regulation or amendment takes immediate effect.	3323

(D) The board shall make available regulations it adopts or	3324
amends to the public at the office of the board and shall cause to	3325
be published once a notice of the availability of the regulations	3326
in ~~at least one~~a newspaper of general circulation in the township	3327
within ten days after their adoption or amendment.	3328

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	3329
shall be construed to allow a board of township trustees to	3330
regulate the practice of any limited branch of medicine specified	3331
in section 4731.15 of the Revised Code or the practice of	3332
providing therapeutic massage by a licensed physician, a licensed	3333
chiropractor, a licensed podiatrist, a licensed nurse, or any	3334
other licensed health professional. As used in this division,	3335
"licensed" means licensed, certified, or registered to practice in	3336
this state.	3337

Sec. 504.02. (A) After certification of a resolution as	3338
provided in division (A) of section 504.01 of the Revised Code,	3339
the board of elections shall submit the question of whether to	3340
adopt a limited home rule government to the electors of the	3341
unincorporated area of the township, and the ballot language	3342
shall be substantially as follows:	3343

"Shall the township of ........... (name) adopt a limited	3344
home rule government, under which government the board of township	3345
trustees, by resolution, may exercise limited powers of local	3346
self-government and limited police powers?	3347

......		For adoption of a limited home rule government		3348
......		Against adoption of a limited home rule government"		3349

(B)(1) At least forty-five days before the election on this	3350
question, the board of township trustees shall have notice of the	3351
election and a description of the proposed limited home rule	3352
government published in a newspaper of general circulation in the	3353
township once a week for two consecutive weeks or as provided in	3354
section 7.16 of the Revised Code, and shall have the notice and	3355
description posted in five conspicuous places in the	3356
unincorporated area of the township.	3357

(2) If a board of elections operates and maintains a web	3358
site, notice of the election and a description of the proposed	3359
limited home rule government shall be posted on that web site for	3360
at least thirty days before the election on this question.	3361

(C) If a majority of the votes cast on the proposition of	3362
adopting a limited home rule government is in the affirmative,	3363
that government is adopted and becomes the government of the	3364
township on the first day of January immediately following the	3365
election.	3366

Sec. 504.03. (A)(1) If a limited home rule government is	3367
adopted pursuant to section 504.02 of the Revised Code, it shall	3368
remain in effect for at least three years except as otherwise	3369
provided in division (B) of this section. At the end of that	3370
period, if the board of township trustees determines that that	3371
government is not in the best interests of the township, it may	3372
adopt a resolution causing the board of elections to submit to the	3373
electors of the unincorporated area of the township the question	3374
of whether the township should continue the limited home rule	3375
government. The question shall be voted upon at the next general	3376
election occurring at least seventy-five days after the	3377
certification of the resolution to the board of elections. After	3378
certification of the resolution, the board of elections shall	3379
submit the question to the electors of the unincorporated area of	3380
the township, and the ballot language shall be substantially as	3381
follows:	3382

"Shall the township of ........... (name) continue the	3383
limited home rule government under which it is operating?	3384

......		For continuation of the limited home rule government		3385
......		Against continuation of the limited home rule government"		3386

(2)(a) At least forty-five days before the election on the	3387
question of continuing the limited home rule government, the board	3388
of township trustees shall have notice of the election published	3389
in a newspaper of general circulation in the township once a week	3390
for two consecutive weeks or as provided in section 7.16 of the	3391
Revised Code, and shall have the notice posted in five conspicuous	3392
places in the unincorporated area of the township.	3393

(b) If a board of elections operates and maintains a web	3394
site, notice of the election shall be posted on that web site for	3395
at least thirty days before the election on the question of	3396
continuing the limited home rule government.	3397

(B) The electors of a township that has adopted a limited	3398
home rule government may propose at any time by initiative	3399
petition, in accordance with section 504.14 of the Revised Code, a	3400
resolution submitting to the electors in the unincorporated area	3401
of the township, in an election, the question set forth in	3402
division (A)(1) of this section.	3403

(C) If a majority of the votes cast under division (A) or (B)	3404
of this section on the proposition of continuing the limited home	3405
rule government is in the negative, that government is terminated	3406
effective on the first day of January immediately following the	3407
election, and a limited home rule government shall not be adopted	3408
in the unincorporated area of the township pursuant to section	3409
504.02 of the Revised Code for at least three years after that	3410
date.	3411

(D) If a limited home rule government is terminated under	3412
this section, the board of township trustees immediately shall	3413
adopt a resolution repealing all resolutions adopted pursuant to	3414
this chapter that are not authorized by any other section of the	3415
Revised Code outside this chapter, effective on the first day of	3416
January immediately following the election described in division	3417
(A) or (B) of this section. However, no resolution adopted under	3418
this division shall affect or impair the obligations of the	3419
township under any security issued or contracts entered into by	3420
the township in connection with the financing of any water supply	3421
facility or sewer improvement under sections 504.18 to 504.20 of	3422
the Revised Code or the authority of the township to collect or	3423
enforce any assessments or other revenues constituting security	3424
for or source of payments of debt service charges of those	3425
securities.	3426

(E) Upon the termination of a limited home rule government	3427
under this section, if the township had converted its board of	3428
township trustees to a five-member board before September 26,	3429
2003, the current board member who received the lowest number of	3430
votes of the current board members who were elected at the most	3431
recent election for township trustees, and the current board	3432
member who received the lowest number of votes of the current	3433
board members who were elected at the second most recent election	3434
for township trustees, shall cease to be township trustees on the	3435
date that the limited home rule government terminates. Their	3436
offices likewise shall cease to exist at that time, and the board	3437
shall continue as a three-member board as provided in section	3438
505.01 of the Revised Code.	3439

Sec. 504.12. No resolution and no section or numbered or	3440
lettered division of a section shall be revised or amended unless	3441
the new resolution contains the entire resolution, section, or	3442
division as revised or amended, and the resolution, section, or	3443
division so amended shall be repealed. This requirement does not	3444
prevent the amendment of a resolution by the addition of a new	3445
section, or division, and in this case the full text of the former	3446
resolution need not be set forth, nor does this section prevent	3447
repeals by implication. Except in the case of a codification or	3448
recodification of resolutions, a separate vote shall be taken on	3449
each resolution proposed to be amended. Resolutions that have been	3450
introduced and have received their first reading or their first	3451
and second readings, but have not been voted on for passage, may	3452
be amended or revised by a majority vote of the members of the	3453
board of township trustees, and the amended or revised resolution	3454
need not receive additional readings.	3455

The board of township trustees of a limited home rule	3456
township may revise, codify, and publish in book form the	3457
resolutions of the township in the same manner as provided in	3458
section 731.23 of the Revised Code for municipal corporations.	3459
Resolutions adopted by the board shall be published in the same	3460
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	3461
731.26 of the Revised Code for municipal corporations, except that	3462
they shall be published in ~~newspapers circulating~~a newspaper of	3463
general circulation within the township. The fiscal officer of the	3464
township shall perform the duties that the clerk of the	3465
legislative authority of a municipal corporation is required to	3466
perform under those sections.	3467

The procedures provided in this section apply only to	3468
resolutions adopted pursuant to a township's limited home rule	3469
powers as authorized by this chapter.	3470

Sec. 504.21. (A) The board of township trustees of a	3471
township that has adopted a limited home rule government may, for	3472
the unincorporated territory in the township, adopt, amend, and	3473
rescind rules establishing technically feasible and economically	3474
reasonable standards to achieve a level of management and	3475
conservation practices that will abate wind or water erosion of	3476
the soil or abate the degradation of the waters of the state by	3477
soil sediment in conjunction with land grading, excavating,	3478
filling, or other soil disturbing activities on land used or being	3479
developed in the township for nonfarm commercial, industrial,	3480
residential, or other nonfarm purposes, and establish criteria for	3481
determination of the acceptability of those management and	3482
conservation practices. The rules shall be designed to implement	3483
the applicable areawide waste treatment management plan prepared	3484
under section 208 of the "Federal Water Pollution Control Act," 86	3485
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	3486
phase II of the storm water program of the national pollutant	3487
discharge elimination system established in 40 C.F.R. Part 122.	3488
The rules to implement phase II of the storm water program of the	3489
national pollutant discharge elimination system shall not be	3490
inconsistent with, more stringent than, or broader in scope than	3491
the rules or regulations adopted by the environmental protection	3492
agency under 40 C.F.R. Part 122. The rules adopted under this	3493
section shall not apply inside the limits of municipal	3494
corporations, to lands being used in a strip mine operation as	3495
defined in section 1513.01 of the Revised Code, or to land being	3496
used in a surface mine operation as defined in section 1514.01 of	3497
the Revised Code.	3498

The rules adopted under this section may require persons to	3499
file plans governing erosion control, sediment control, and water	3500
management before clearing, grading, excavating, filling, or	3501
otherwise wholly or partially disturbing one or more contiguous	3502
acres of land owned by one person or operated as one development	3503
unit for the construction of nonfarm buildings, structures,	3504
utilities, recreational areas, or other similar nonfarm uses. If	3505
the rules require plans to be filed, the rules shall do all of the	3506
following:	3507

(1) Designate the board itself, its employees, or another	3508
agency or official to review and approve or disapprove the plans;	3509

(2) Establish procedures and criteria for the review and	3510
approval or disapproval of the plans;	3511

(3) Require the designated entity to issue a permit to a	3512
person for the clearing, grading, excavating, filling, or other	3513
project for which plans are approved and to deny a permit to a	3514
person whose plans have been disapproved;	3515

(4) Establish procedures for the issuance of the permits;

3516

(5) Establish procedures under which a person may appeal the	3517
denial of a permit.	3518

Areas of less than one contiguous acre shall not be exempt	3519
from compliance with other provisions of this section or rules	3520
adopted under this section. The rules adopted under this section	3521
may impose reasonable filing fees for plan review, permit	3522
processing, and field inspections.	3523

No permit or plan shall be required for a public highway,	3524
transportation, or drainage improvement or maintenance project	3525
undertaken by a government agency or political subdivision in	3526
accordance with a statement of its standard sediment control	3527
policies that is approved by the board or the chief of the	3528
division of soil and water conservation in the department of	3529
natural resources.	3530

(B) Rules or amendments may be adopted under this section	3531
only after public hearings at not fewer than two regular sessions	3532
of the board of township trustees. The board shall cause to be	3533
published, in a newspaper of general circulation in the township	3534
or as provided in section 7.16 of the Revised Code, notice of the	3535
public hearings, including time, date, and place, once a week for	3536
two weeks immediately preceding the hearings. The proposed rules	3537
or amendments shall be made available by the board to the public	3538
at the board office or other location indicated in the notice. The	3539
rules or amendments shall take effect on the thirty-first day	3540
following the date of their adoption.	3541

(C) The board of township trustees may employ personnel to	3542
assist in the administration of this section and the rules adopted	3543
under it. The board also, if the action does not conflict with the	3544
rules, may delegate duties to review sediment control and water	3545
management plans to its employees, and may enter into agreements	3546
with one or more political subdivisions, other township officials,	3547
or other government agencies, in any combination, in order to	3548
obtain reviews and comments on plans governing erosion control,	3549
sediment control, and water management or to obtain other services	3550
for the administration of the rules adopted under this section.	3551

(D) The board of township trustees or any duly authorized	3552
representative of the board may, upon identification to the owner	3553
or person in charge, enter any land upon obtaining agreement with	3554
the owner, tenant, or manager of the land in order to determine	3555
whether there is compliance with the rules adopted under this	3556
section. If the board or its duly authorized representative is	3557
unable to obtain such an agreement, the board or representative	3558
may apply for, and a judge of the court of common pleas for the	3559
county where the land is located may issue, an appropriate	3560
inspection warrant as necessary to achieve the purposes of this	3561
section.	3562

(E)(1) If the board of township trustees or its duly	3563
authorized representative determines that a violation of the rules	3564
adopted under this section exists, the board or representative may	3565
issue an immediate stop work order if the violator failed to	3566
obtain any federal, state, or local permit necessary for sediment	3567
and erosion control, earth movement, clearing, or cut and fill	3568
activity. In addition, if the board or representative determines	3569
such a rule violation exists, regardless of whether or not the	3570
violator has obtained the proper permits, the board or	3571
representative may authorize the issuance of a notice of	3572
violation. If, after a period of not less than thirty days has	3573
elapsed following the issuance of the notice of violation, the	3574
violation continues, the board or its duly authorized	3575
representative shall issue a second notice of violation. Except as	3576
provided in division (E)(3) of this section, if, after a period of	3577
not less than fifteen days has elapsed following the issuance of	3578
the second notice of violation, the violation continues, the board	3579
or its duly authorized representative may issue a stop work order	3580
after first obtaining the written approval of the prosecuting	3581
attorney of the county in which the township is located if, in the	3582
opinion of the prosecuting attorney, the violation is egregious.	3583

Once a stop work order is issued, the board or its duly	3584
authorized representative shall request, in writing, the	3585
prosecuting attorney to seek an injunction or other appropriate	3586
relief in the court of common pleas to abate excessive erosion or	3587
sedimentation and secure compliance with the rules adopted under	3588
this section. If the prosecuting attorney seeks an injunction or	3589
other appropriate relief, then, in granting relief, the court of	3590
common pleas may order the construction of sediment control	3591
improvements or implementation of other control measures and may	3592
assess a civil fine of not less than one hundred or more than five	3593
hundred dollars. Each day of violation of a rule or stop work	3594
order issued under this section shall be considered a separate	3595
violation subject to a civil fine.	3596

(2) The person to whom a stop work order is issued under this	3597
section may appeal the order to the court of common pleas of the	3598
county in which it was issued, seeking any equitable or other	3599
appropriate relief from that order.	3600

(3) No stop work order shall be issued under this section	3601
against any public highway, transportation, or drainage	3602
improvement or maintenance project undertaken by a government	3603
agency or political subdivision in accordance with a statement of	3604
its standard sediment control policies that is approved by the	3605
board or the chief of the division of soil and water conservation	3606
in the department of natural resources.	3607

(F) No person shall violate any rule adopted or order issued	3608
under this section. Notwithstanding division (E) of this section,	3609
if the board of township trustees determines that a violation of	3610
any rule adopted or administrative order issued under this section	3611
exists, the board may request, in writing, the prosecuting	3612
attorney of the county in which the township is located, to seek	3613
an injunction or other appropriate relief in the court of common	3614
pleas to abate excessive erosion or sedimentation and secure	3615
compliance with the rules or order. In granting relief, the court	3616
of common pleas may order the construction of sediment control	3617
improvements or implementation of other control measures and may	3618
assess a civil fine of not less than one hundred or more than five	3619
hundred dollars. Each day of violation of a rule adopted or	3620
administrative order issued under this section shall be considered	3621
a separate violation subject to a civil fine.	3622

Sec. 505.108. Except as otherwise provided in this section	3623
and unless the property involved is required to be disposed of	3624
pursuant to another section of the Revised Code, property that is	3625
unclaimed for ninety days or more shall be sold by the chief of	3626
police or other head of the organized police department of the	3627
township, township police district, joint township police	3628
district, or office of a township constable at public auction,	3629
after notice of the sale has been provided by publication once a	3630
week for three successive weeks in a newspaper of general	3631
circulation, or as provided in section 7.16 of the Revised Code,	3632
in the county, or counties, if appropriate, in the case of a joint	3633
township police district. The proceeds of the sale shall be paid	3634
to the fiscal officer of the township and credited to the township	3635
general fund, except that, in the case of a joint township police	3636
district, the proceeds of a sale shall be paid to the fiscal	3637
officer of the most populous participating township and credited	3638
to the appropriate township general fund or funds according to	3639
agreement of the participating townships.	3640

If authorized to do so by a resolution adopted by the board	3641
of township trustees or, in the case of a joint township police	3642
district, each participating board of township trustees, and if	3643
the property involved is not required to be disposed of pursuant	3644
to another section of the Revised Code, the head of the	3645
department, district, or office may contribute property that is	3646
unclaimed for ninety days or more to one or more public agencies,	3647
to one or more nonprofit organizations no part of the net income	3648
of which inures to the benefit of any private shareholder or	3649
individual and no substantial part of the activities of which	3650
consists of carrying on propaganda or otherwise attempting to	3651
influence legislation, or to one or more organizations satisfying	3652
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.	3653

Sec. 505.17. (A) Except in a township or portion of a	3654
township that is within the limits of a municipal corporation, the	3655
board of township trustees may make regulations and orders as are	3656
necessary to control passenger car, motorcycle, and internal	3657
combustion engine noise, as permitted under section 4513.221 of	3658
the Revised Code, and all vehicle parking in the township. This	3659
authorization includes, among other powers, the power to regulate	3660
parking on established roadways proximate to buildings on private	3661
property as necessary to provide access to the property by public	3662
safety vehicles and equipment, if the property is used for	3663
commercial purposes, the public is permitted to use the parking	3664
area, and accommodation for more than ten motor vehicles is	3665
provided, and the power to authorize the issuance of orders	3666
limiting or prohibiting parking on any township street or highway	3667
during a snow emergency declared pursuant to a snow-emergency	3668
authorization adopted under this division. All such regulations	3669
and orders shall be subject to the limitations, restrictions, and	3670
exceptions in sections 4511.01 to 4511.76 and 4513.02 to 4513.37	3671
of the Revised Code.	3672

A board of township trustees may adopt a general	3673
snow-emergency authorization, which becomes effective under	3674
division (B)(1) of this section, allowing the president of the	3675
board or some other person specified in the authorization to issue	3676
an order declaring a snow emergency and limiting or prohibiting	3677
parking on any township street or highway during the snow	3678
emergency. Any such order becomes effective under division (B)(2)	3679
of this section. Each general snow-emergency authorization adopted	3680
under this division shall specify the weather conditions under	3681
which a snow emergency may be declared in that township.	3682

(B)(1) All regulations and orders, including any	3683
snow-emergency authorization established by the board under this	3684
section, except for an order declaring a snow emergency as	3685
provided in division (B)(2) of this section, shall be posted by	3686
the township fiscal officer in five conspicuous public places in	3687
the township for thirty days before becoming effective, and shall	3688
be published in a newspaper of general circulation in the township	3689
for three consecutive weeks or as provided in section 7.16 of the	3690
Revised Code. In addition to these requirements, no general	3691
snow-emergency authorization shall become effective until	3692
permanent signs giving notice that parking is limited or	3693
prohibited during a snow emergency are properly posted, in	3694
accordance with any applicable standards adopted by the department	3695
of transportation, along streets or highways specified in the	3696
authorization.	3697

(2) Pursuant to the adoption of a snow-emergency	3698
authorization under this section, an order declaring a snow	3699
emergency becomes effective two hours after the president of the	3700
board or the other person specified in the general snow-emergency	3701
authorization makes an announcement of a snow emergency to the	3702
local news media. The president or other specified person shall	3703
request the local news media to announce that a snow emergency has	3704
been declared, the time the declaration will go into effect, and	3705
whether the snow emergency will remain in effect for a specified	3706
period of time or indefinitely until canceled by a subsequent	3707
announcement to the local news media by the president or other	3708
specified person.	3709

(C) Such regulations and orders may be enforced where traffic	3710
control devices conforming to section 4511.09 of the Revised Code	3711
are prominently displayed. Parking regulations authorized by this	3712
section do not apply to any state highway unless the parking	3713
regulations are approved by the director of transportation.	3714

(D) A board of township trustees or its designated agent may	3715
order into storage any vehicle parked in violation of a township	3716
parking regulation or order, if the violation is not one that is	3717
required to be handled pursuant to Chapter 4521. of the Revised	3718
Code. The owner or any lienholder of a vehicle ordered into	3719
storage may claim the vehicle upon presentation of proof of	3720
ownership, which may be evidenced by a certificate of title to the	3721
vehicle, and payment of all expenses, charges, and fines incurred	3722
as a result of the parking violation and removal and storage of	3723
the vehicle.	3724

(E) Whoever violates any regulation or order adopted pursuant	3725
to this section is guilty of a minor misdemeanor, unless the	3726
township has enacted a regulation pursuant to division (A) of	3727
section 4521.02 of the Revised Code, that specifies that the	3728
violation shall not be considered a criminal offense and shall be	3729
handled pursuant to Chapter 4521. of the Revised Code. Fines	3730
levied and collected under this section shall be paid into the	3731
township general revenue fund.	3732

Sec. 505.264. (A) As used in this section, "energy	3733
conservation measure" means an installation or modification of an	3734
installation in, or remodeling of, an existing building, to reduce	3735
energy consumption. It includes the following:	3736

(1) Insulation of the building structure and of systems	3737
within the building;	3738

(2) Storm windows and doors, multiglazed windows and doors,	3739
heat-absorbing or heat-reflective glazed and coated window and	3740
door systems, additional glazing, reductions in glass area, and	3741
other window and door system modifications that reduce energy	3742
consumption;	3743

(3) Automatic energy control systems;

3744

(4) Heating, ventilating, or air conditioning system	3745
modifications or replacements;	3746

(5) Caulking and weatherstripping;

3747

(6) Replacement or modification of lighting fixtures to	3748
increase the energy efficiency of the system without increasing	3749
the overall illumination of a facility, unless an increase in	3750
illumination is necessary to conform to the applicable state or	3751
local building code for the proposed lighting system;	3752

(7) Energy recovery systems;

3753

(8) Cogeneration systems that produce steam or forms of	3754
energy such as heat, as well as electricity, for use primarily	3755
within a building or complex of buildings;	3756

(9) Any other modification, installation, or remodeling	3757
approved by the board of township trustees as an energy	3758
conservation measure.	3759

(B) For the purpose of evaluating township buildings for	3760
energy conservation measures, a township may contract with an	3761
architect, professional engineer, energy services company,	3762
contractor, or other person experienced in the design and	3763
implementation of energy conservation measures for a report that	3764
analyzes the buildings' energy needs and presents recommendations	3765
for building installations, modifications of existing	3766
installations, or building remodeling that would significantly	3767
reduce energy consumption in the buildings owned by that township.	3768
The report shall include estimates of all costs of the	3769
installations, modifications, or remodeling, including costs of	3770
design, engineering, installation, maintenance, and repairs, and	3771
estimates of the amounts by which energy consumption could be	3772
reduced.	3773

(C) A township desiring to implement energy conservation	3774
measures may proceed under either of the following methods:	3775

(1) Using a report or any part of a report prepared under	3776
division (B) of this section, advertise for bids and comply with	3777
the bidding procedures set forth in sections 307.86 to 307.92 of	3778
the Revised Code;	3779

(2) Request proposals from at least three vendors for the	3780
implementation of energy conservation measures. Prior to sending	3781
any installer of energy conservation measures a copy of any such	3782
request, the township shall advertise its intent to request	3783
proposals for the installation of energy conservation measures in	3784
a newspaper of general circulation in the township once a week for	3785
two consecutive weeks or as provided in section 7.16 of the	3786
Revised Code. The notice shall state that the township intends to	3787
request proposals for the installation of energy conservation	3788
measures; indicate the date, which shall be at least ten days	3789
after the second publication, on which the request for proposals	3790
will be mailed to installers of energy conservation measures; and	3791
state that any installer of energy conservation measures	3792
interested in receiving the request for proposal shall submit	3793
written notice to the township not later than noon of the day on	3794
which the request for proposal will be mailed.	3795

Upon receiving the proposals, the township shall analyze them	3796
and select the proposal or proposals most likely to result in the	3797
greatest energy savings considering the cost of the project and	3798
the township's ability to pay for the improvements with current	3799
revenues or by financing the improvements. The awarding of a	3800
contract to install energy conservation measures under division	3801
(C)(2) of this section shall be conditioned upon a finding by the	3802
township that the amount of money spent on energy savings measures	3803
is not likely to exceed the amount of money the township would	3804
save in energy and operating costs over ten years or a lesser	3805
period as determined by the township or, in the case of contracts	3806
for cogeneration systems, over five years or a lesser period as	3807
determined by the township. Nothing in this section prohibits a	3808
township from rejecting all proposals or from selecting more than	3809
one proposal.	3810

(D) A board of township trustees may enter into an	3811
installment payment contract for the purchase and installation of	3812
energy conservation measures. Any provisions of those installment	3813
payment contracts that deal with interest charges and financing	3814
terms shall not be subject to the competitive bidding procedures	3815
of section 307.86 of the Revised Code. Unless otherwise approved	3816
by a resolution of the board, an installment payment contract	3817
entered into by a board of township trustees under this section	3818
shall require the board to contract in accordance with the	3819
procedures set forth in section 307.86 of the Revised Code for the	3820
installation, modification, or remodeling of energy conservation	3821
measures pursuant to this section.	3822

(E) The board may issue securities of the township specifying	3823
the terms of the purchase and securing the deferred payments,	3824
payable at the times provided and bearing interest at a rate not	3825
exceeding the rate determined as provided in section 9.95 of the	3826
Revised Code. The maximum maturity of the securities shall be as	3827
provided in division (B)(7)(g) of section 133.20 of the Revised	3828
Code. The securities may contain an option for prepayment and	3829
shall not be subject to Chapter 133. of the Revised Code. Revenues	3830
derived from local taxes or otherwise, for the purpose of	3831
conserving energy or for defraying the current operating expenses	3832
of the township, may be applied to the payment of interest and the	3833
retirement of the securities. The securities may be sold at	3834
private sale or given to the contractor under the installment	3835
payment contract authorized by division (D) of this section.	3836

(F) Debt incurred under this section shall not be included in	3837
the calculation of the net indebtedness of a township under	3838
section 133.09 of the Revised Code.	3839

Sec. 505.28. The board of township trustees may create a	3840
waste disposal district under sections 505.27 to 505.33 of the	3841
Revised Code, by a unanimous vote of the board and give notice	3842
thereof by a publication in ~~two newspapers~~a newspaper of general	3843
circulation in the township. If, within thirty days after such	3844
publication, a protest petition is filed with the board, signed by	3845
at least fifty per cent of the electors residing in the district,	3846
the act of the board in creating such district shall be void. If a	3847
petition is filed with the board asking for the creation of such a	3848
district in the township, accompanied by a map clearly showing the	3849
boundaries of such district, and signed by at least sixty-five per	3850
cent of the electors residing therein, with addresses of such	3851
signers, the board shall, within sixty days, create such a	3852
district.	3853

Each district shall be given a name, and the entire cost of	3854
any necessary equipment and labor shall be apportioned against	3855
each district by the respective boards.	3856

Sec. 505.373. The board of township trustees may, by	3857
resolution, adopt by incorporation by reference a standard code	3858
pertaining to fire, fire hazards, and fire prevention prepared and	3859
promulgated by the state or any department, board, or other agency	3860
of the state, or any such code prepared and promulgated by a	3861
public or private organization that publishes a model or standard	3862
code.	3863

After the adoption of the code by the board, a notice clearly	3864
identifying the code, stating the purpose of the code, and stating	3865
that a complete copy of the code is on file with the township	3866
fiscal officer for inspection by the public and also on file in	3867
the law library of the county in which the township is located and	3868
that the fiscal officer has copies available for distribution to	3869
the public at cost, shall be posted by the fiscal officer in five	3870
conspicuous places in the township for thirty days before becoming	3871
effective. The notice required by this section shall also be	3872
published in a newspaper of general circulation in the township	3873
once a week for three consecutive weeks or as provided in section	3874
7.16 of the Revised Code. If the adopting township amends or	3875
deletes any provision of the code, the notice shall contain a	3876
brief summary of the deletion or amendment.	3877

If the agency that originally promulgated or published the	3878
code thereafter amends the code, any township that has adopted the	3879
code pursuant to this section may adopt the amendment or change by	3880
incorporation by reference in the same manner as provided for	3881
adoption of the original code.	3882

Sec. 505.55. In the event that need for a township police	3883
district ceases to exist, the township trustees by a two-thirds	3884
vote of the board shall adopt a resolution specifying the date	3885
that the township police district shall cease to exist and provide	3886
for the disposal of all property belonging to the district by	3887
public sale. Such sale must be by public auction and upon notice	3888
thereof being published once a week for three weeks in a newspaper	3889
~~published, or~~ of general circulation in such township~~, the~~or as	3890
provided in section 7.16 of the Revised Code. The last of such	3891
publications toshall be made at least five days before the date	3892
of the sale. Any moneys remaining after the dissolution of the	3893
district or received from the public sale of property shall be	3894
paid into the treasury of the township and may be expended for	3895
any public purpose when duly authorized by the township board of	3896
trustees.	3897

Sec. 505.73. (A) The board of township trustees may, by	3898
resolution, adopt by incorporation by reference, administer, and	3899
enforce within the unincorporated area of the township an existing	3900
structures code pertaining to the repair and continued maintenance	3901
of structures and the premises of those structures. For that	3902
purpose, the board shall adopt any model or standard code prepared	3903
and promulgated by this state, any department, board, or agency of	3904
this state, or any public or private organization that publishes a	3905
recognized model or standard code on the subject. The board shall	3906
ensure that the code adopted governs subject matter not addressed	3907
by the state residential building code and that it is fully	3908
compatible with the state residential and nonresidential building	3909
codes the board of building standards adopts pursuant to section	3910
3781.10 of the Revised Code.	3911

(B) The board shall assign the duties of administering and	3912
enforcing the existing structures code to a township officer or	3913
employee who is trained and qualified for those duties and shall	3914
establish by resolution the minimum qualifications necessary to	3915
perform those duties.	3916

(C)(1) After the board adopts an existing structures code,	3917
the township fiscal officer shall post a notice that clearly	3918
identifies the code, states the code's purpose, and states that a	3919
complete copy of the code is on file for inspection by the public	3920
with the fiscal officer and in the county law library and that	3921
the fiscal officer has copies available for distribution to the	3922
public at cost.	3923

(2) The township fiscal officer shall post the notice in five	3924
conspicuous places in the township for thirty days before the code	3925
becomes effective and shall publish the notice in a newspaper of	3926
general circulation in the township for three consecutive weeks or	3927
as provided in section 7.16 of the Revised Code. If the adopting	3928
township amends or deletes any provision of the code, the notice	3929
shall contain a brief summary of the deletion or amendment.	3930

(D) If the agency that originally promulgated or published	3931
the existing structures code amends the code, the board may adopt	3932
the amendment or change by incorporation by reference in the	3933
manner provided for the adoption of the original code.	3934

Sec. 511.23. (A) When the vote under section 511.22 of the	3935
Revised Code is in favor of establishing one or more public parks,	3936
the board of park commissioners shall constitute a board, to be	3937
called the board of park commissioners of that township park	3938
district, and they shall be a body politic and corporate. Their	3939
office is not a township office within the meaning of section	3940
703.22 of the Revised Code but is an office of the township park	3941
district. The members of the board shall serve without	3942
compensation but shall be allowed their actual and necessary	3943
expenses incurred in the performance of their duties.	3944

(B) The board may locate, establish, improve, maintain, and	3945
operate a public park or parks in accordance with division (B) of	3946
section 511.18 of the Revised Code, with or without recreational	3947
facilities. Any township park district that contains only	3948
unincorporated territory and that operated a public park or parks	3949
outside the township immediately prior to July 18, 1990, may	3950
continue to improve, maintain, and operate these parks outside the	3951
township, but further acquisitions of land shall not affect the	3952
boundaries of the park district itself or the appointing authority	3953
for the board of park commissioners.	3954

The board may lease, accept a conveyance of, or purchase	3955
suitable lands for cash, by purchase by installment payments with	3956
or without a mortgage, by lease or lease-purchase agreements, or	3957
by lease with option to purchase, may acquire suitable lands	3958
through an exchange under section 511.241 of the Revised Code, or	3959
may appropriate suitable lands and materials for park district	3960
purposes. The board also may lease facilities from other political	3961
subdivisions or private sources. The board shall have careful	3962
surveys and plats made of the lands acquired for park district	3963
purposes and shall establish permanent monuments on the boundaries	3964
of the lands. Those plats, when executed according to sections	3965
711.01 to 711.38 of the Revised Code, shall be recorded in the	3966
office of the county recorder, and those records shall be	3967
admissible in evidence for the purpose of locating and	3968
ascertaining the true boundaries of the park or parks.	3969

(C) In furtherance of the use and enjoyment of the lands	3970
controlled by it, the board may accept donations of money or other	3971
property or act as trustees of land, money, or other property, and	3972
may use and administer the land, money, or other property as	3973
stipulated by the donor or as provided in the trust agreement.	3974

The board may receive and expend grants for park purposes	3975
from agencies and instrumentalities of the United States and this	3976
state and may enter into contracts or agreements with those	3977
agencies and instrumentalities to carry out the purposes for which	3978
the grants were furnished.	3979

(D) In exercising any powers conferred upon the board under	3980
divisions (B) and (C) of this section and for other types of	3981
assistance that the board finds necessary in carrying out its	3982
duties, the board may hire and contract for professional,	3983
technical, consulting, and other special services and may purchase	3984
goods and award contracts. The procuring of goods and awarding of	3985
contracts shall be done in accordance with the procedures	3986
established for the board of county commissioners by sections	3987
307.86 to 307.91 of the Revised Code.	3988

(E) The board may appoint an executive for the park or parks	3989
and may designate the executive or another person as the clerk of	3990
the board. It may appoint all other necessary officers and	3991
employees, fix their compensation, and prescribe their duties, or	3992
it may require the executive to appoint all other necessary	3993
officers and employees, and to fix their compensation and	3994
prescribe their duties, in accordance with guidelines and policies	3995
adopted by the board.	3996

(F) The board may adopt bylaws and rules that it considers	3997
advisable for the following purposes:	3998

(1) To prohibit selling, giving away, or using any	3999
intoxicating liquors in the park or parks;	4000

(2) For the government and control of the park or parks and	4001
the operation of motor vehicles in the park or parks;	4002

(3) To provide for the protection and preservation of all	4003
property and natural life within its jurisdiction.	4004

Before the bylaws and rules take effect, the board shall	4005
provide for a notice of their adoption to be published once a week	4006
for two consecutive weeks or as provided in section 7.16 of the	4007
Revised Code, in a newspaper of general circulation in the county	4008
within which the park district is located.	4009

No person shall violate any of the bylaws or rules. Fines	4010
levied and collected for violations shall be paid into the	4011
treasury of the township park district. The board may use moneys	4012
collected from those fines for any purpose that is not	4013
inconsistent with sections 511.18 to 511.37 of the Revised Code.	4014

(G) The board may do either of the following:

4015

(1) Establish and charge fees for the use of any facilities	4016
and services of the park or parks regardless of whether the park	4017
or parks were acquired before, on, or after ~~the effective date of~~	4018
~~this amendment~~September 21, 2000;	4019

(2) Enter into a lease agreement with an individual or	4020
organization that provides for the exclusive use of a specified	4021
portion of the park or parks within the township park district by	4022
that individual or organization for the duration of an event	4023
produced by the individual or organization. The board, for the	4024
specific portion of the park or parks covered by the lease	4025
agreement, may charge a fee to, or permit the individual or	4026
organization to charge a fee to, participants in and spectators at	4027
the event covered by the agreement.	4028

(H) If the board finds that real or personal property owned	4029
by the township park district is not currently needed for park	4030
purposes, the board may lease that property to other persons or	4031
organizations during any period of time the board determines the	4032
property will not be needed. If the board finds that competitive	4033
bidding on a lease is not feasible, it may lease the property	4034
without taking bids.	4035

(I) The board may exchange property owned by the township	4036
park district for property owned by the state, another political	4037
subdivision, or the federal government on terms that it considers	4038
desirable, without the necessity of competitive bidding.	4039

(J) Any rights or duties established under this section may	4040
be modified, shared, or assigned by an agreement pursuant to	4041
section 755.16 of the Revised Code.	4042

Sec. 511.25. If the board of park commissioners of a	4043
township park district finds that any lands that the board has	4044
acquired are not necessary for the purposes for which they were	4045
acquired, it may sell and dispose of those lands upon terms that	4046
the board considers advisable and may reject any purchase bid	4047
received under this section that the board determines does not	4048
meet its terms for sale.	4049

Except as otherwise provided in this section, no lands shall	4050
be sold without first giving notice of the board's intention to	4051
sell the lands by publication once a week for four consecutive	4052
weeks in a newspaper of general circulation in the township or as	4053
provided in section 7.16 of the Revised Code. The notice shall	4054
contain an accurate description of the lands being offered for	4055
sale and shall state the time and place at which sealed bids for	4056
the lands will be received. If the board rejects all of the	4057
purchase bids, it may reoffer the lands for sale in accordance	4058
with this section.	4059

The board also may sell park lands not necessary for district	4060
purposes to another political subdivision, the state, or the	4061
federal government without giving the notices or taking bids as	4062
otherwise required by this section.	4063

No lands acquired by a township park district may be sold	4064
without the approval of the court of common pleas of the county in	4065
which the park district is located, if the court appointed the	4066
board under section 511.18 of the Revised Code, or the approval of	4067
the board of township trustees, if the board of township trustees	4068
appointed the board of park commissioners under section 511.18 of	4069
the Revised Code.	4070

Sec. 511.28. A copy of any resolution for a tax levy adopted	4071
by the township board of park commissioners as provided in section	4072
511.27 of the Revised Code shall be certified by the clerk of the	4073
board of park commissioners to the board of elections of the	4074
proper county, together with a certified copy of the resolution	4075
approving the levy, passed by the board of township trustees if	4076
such a resolution is required by division (C) of section 511.27 of	4077
the Revised Code, not less than seventy-five days before a general	4078
or primary election in any year. The board of elections shall	4079
submit the proposal to the electors as provided in section 511.27	4080
of the Revised Code at the succeeding general or primary election.	4081
A resolution to renew an existing levy may not be placed on the	4082
ballot unless the question is submitted at the general election	4083
held during the last year the tax to be renewed may be extended on	4084
the real and public utility property tax list and duplicate, or at	4085
any election held in the ensuing year. The board of park	4086
commissioners shall cause notice that the vote will be taken to be	4087
published once a week for two consecutive weeks prior to the	4088
election in a newspaper of general circulation, or as provided in	4089
section 7.16 of the Revised Code, in the county within which the	4090
park district is located. Additionally, if the board of elections	4091
operates and maintains a web site, the board of elections shall	4092
post that notice on its web site for thirty days prior to the	4093
election. The notice shall state the purpose of the proposed levy,	4094
the annual rate proposed expressed in dollars and cents for each	4095
one hundred dollars of valuation as well as in mills for each one	4096
dollar of valuation, the number of consecutive years during which	4097
the levy shall be in effect, and the time and place of the	4098
election.	4099

The form of the ballots cast at the election shall be: "An	4100
additional tax for the benefit of (name of township park district)	4101
.......... for the purpose of (purpose stated in the order of the	4102
board) .......... at a rate not exceeding .......... mills for	4103
each one dollar of valuation, which amounts to (rate expressed in	4104
dollars and cents) .......... for each one hundred dollars of	4105
valuation, for (number of years the levy is to run) ..........	4106

4107

		FOR THE TAX LEVY			4108
		AGAINST THE TAX LEVY	"		4109

4110

If the levy submitted is a proposal to renew, increase, or	4111
decrease an existing levy, the form of the ballot specified in	4112
this section may be changed by substituting for the words "An	4113
additional" at the beginning of the form, the words "A renewal of	4114
a" in the case of a proposal to renew an existing levy in the same	4115
amount; the words "A renewal of .......... mills and an increase	4116
of .......... mills to constitute a" in the case of an increase;	4117
or the words "A renewal of part of an existing levy, being a	4118
reduction of .......... mills, to constitute a" in the case of a	4119
decrease in the rate of the existing levy.	4120

If the tax is to be placed on the current tax list, the form	4121
of the ballot shall be modified by adding, after the statement of	4122
the number of years the levy is to run, the phrase ", commencing	4123
in .......... (first year the tax is to be levied), first due in	4124
calendar year .......... (first calendar year in which the tax	4125
shall be due)."	4126

The question covered by the order shall be submitted as a	4127
separate proposition, but may be printed on the same ballot with	4128
any other proposition submitted at the same election, other than	4129
the election of officers. More than one such question may be	4130
submitted at the same election.	4131

Sec. 511.34. In townships composed of islands, and on one of	4132
which islands lands have been conveyed in trust for the benefit of	4133
the inhabitants of the island for use as a park, and a board of	4134
park trustees has been provided for the control of the park, the	4135
board of township trustees may create a tax district of the island	4136
to raise funds by taxation as provided under divisions (A) and (B)	4137
of this section.	4138

(A) For the care and maintenance of parks on the island, the	4139
board of township trustees annually may levy a tax, not to exceed	4140
one mill, upon all the taxable property in the district. The tax	4141
shall be in addition to all other levies authorized by law, and	4142
subject to no limitation on tax rates except as provided in this	4143
division.	4144

The proceeds of the tax levy shall be expended by the board	4145
of township trustees for the purpose of the care and maintenance	4146
of the parks, and shall be paid out of the township treasury upon	4147
the orders of the board of park trustees.	4148

(B) For the purpose of acquiring additional land for use as a	4149
park, the board of township trustees may levy a tax in excess of	4150
the ten-mill limitation on all taxable property in the district.	4151
The tax shall be proposed by resolution adopted by two-thirds of	4152
the members of the board of township trustees. The resolution	4153
shall specify the purpose and rate of the tax and the number of	4154
years the tax will be levied, which shall not exceed five years,	4155
and which may include a levy on the current tax list and	4156
duplicate. The resolution shall go into immediate effect upon its	4157
passage, and no publication of the resolution is necessary other	4158
than that provided for in the notice of election. The board of	4159
township trustees shall certify a copy of the resolution to the	4160
proper board of elections not later than seventy-five days before	4161
the primary or general election in the township, and the board of	4162
elections shall submit the question of the tax to the voters of	4163
the district at the succeeding primary or general election. The	4164
board of elections shall make the necessary arrangements for the	4165
submission of the question to the electors of the district, and	4166
the election shall be conducted, canvassed, and certified in the	4167
same manner as regular elections in the township for the election	4168
of officers. Notice of the election shall be published in a	4169
newspaper of general circulation in the township once a week for	4170
two consecutive weeks, or as provided in section 7.16 of the	4171
Revised Code, prior to the election ~~and, if~~. If the board of	4172
elections operates and maintains a web site, notice of the	4173
election also shall be posted on that web site for thirty days	4174
prior to the election. The notice shall state the purpose of the	4175
tax, the proposed rate of the tax expressed in dollars and cents	4176
for each one hundred dollars of valuation and mills for each one	4177
dollar of valuation, the number of years the tax will be in	4178
effect, the first year the tax will be levied, and the time and	4179
place of the election.	4180

The form of the ballots cast at an election held under this	4181
division shall be as follows:	4182

"An additional tax for the benefit of ......... (name of the	4183
township) for the purpose of acquiring additional park land at a	4184
rate of ......... mills for each one dollar of valuation, which	4185
amounts to ........ (rate expressed in dollars and cents) for each	4186
one hundred dollars of valuation, for ......... (number of years	4187
the levy is to run) beginning in ........... (first year the tax	4188
will be levied).	4189

4190

		FOR THE TAX LEVY			4191
		AGAINST THE TAX LEVY	"		4192

4193

The question shall be submitted as a separate proposition but	4194
may be printed on the same ballot with any other proposition	4195
submitted at the same election other than the election of	4196
officers. More than one such question may be submitted at the same	4197
election.	4198

If the levy is approved by a majority of electors voting on	4199
the question, the board of elections shall certify the result of	4200
the election to the tax commissioner. In the first year of the	4201
levy, the tax shall be extended on the tax lists after the	4202
February settlement following the election. If the tax is to be	4203
placed on the tax lists of the current year as specified in the	4204
resolution, the board of elections shall certify the result of the	4205
election immediately after the canvass to the board of township	4206
trustees, which shall forthwith make the necessary levy and	4207
certify the levy to the county auditor, who shall extend the levy	4208
on the tax lists for collection. After the first year of the levy,	4209
the levy shall be included in the annual tax budget that is	4210
certified to the county budget commission.	4211

Sec. 513.14. The board of elections shall advertise the	4212
proposed tax levy question mentioned in section 513.13 of the	4213
Revised Code in ~~two newspapers of opposite political faith, if two~~	4214
~~such newspapers are published in the joint township hospital~~	4215
~~district, or otherwise in one~~a newspaper~~, published or~~ of general	4216
circulation in the proposed township hospital district, once a	4217
week for two consecutive weeks, or as provided in section 7.16 of	4218
the Revised Code, prior to the election ~~and, if~~. If the board	4219
operates and maintains a web site, the board also shall advertise	4220
that proposed tax levy question on its web site for thirty days	4221
prior to the election.	4222

Sec. 515.04. The township fiscal officer shall fix a day,	4223
not more than thirty days from the date of notice to the board of	4224
township trustees, for the hearing of the petition authorized by	4225
section 515.02 or 515.16 of the Revised Code. The township fiscal	4226
officer or the fiscal officer's designee shall prepare and	4227
deliver to any of the petitioners a notice in writing directed	4228
to the lot and land owners and to the corporations, either	4229
public or private, affected by the improvement. The notice shall	4230
set forth the substance, pendency, and prayer of the petition	4231
and the time and place of the hearing on it.	4232

A copy of the notice shall be served upon each lot or land	4233
owner or left at the lot or land owner's usual place of residence,	4234
and upon an officer or agent of each corporation having its place	4235
of business in the district or area, at least fifteen days before	4236
the date set for the hearing. On or before the day of the hearing,	4237
the person serving the notice shall make return on it, under oath,	4238
of the time and manner of service and shall file the return with	4239
the township fiscal officer.	4240

The township fiscal officer or the fiscal officer's designee	4241
shall give the notice to each nonresident lot or land owner, by	4242
publication once, in a newspaper ~~published in and~~ of general	4243
circulation in the county in which the district or area is	4244
situated, at least two weeks before the day set for hearing. The	4245
notice shall be verified by affidavit of the printer or other	4246
person knowing the fact and shall be filed with the township	4247
fiscal officer or the fiscal officer's designee on or before the	4248
day of hearing. No further notice of the petition or the	4249
proceedings under it shall thereafter be required.	4250

Sec. 517.12. The board of township trustees may make rules	4251
specifying the times when cemeteries under its control shall be	4252
closed to the public. The board shall cause the rules to be	4253
published once a week for two consecutive weeks in a newspaper of	4254
general circulation within the township or as provided in section	4255
7.16 of the Revised Code, and may post appropriate notice in the	4256
township as considered necessary.	4257

The purposes of such rules shall be to assure a reasonable	4258
time of access to the cemeteries in view of the differences in	4259
attendance anticipated from past experience as to each, to exclude	4260
attendance at times when no proper purposes could normally be	4261
expected, to permit exceptions to the normal hours of access on	4262
reasonable request with adequate reason provided, and to	4263
facilitate the task of protecting the premises from vandalism,	4264
desecration, and other improper usage.	4265

Whoever violates these rules is guilty of a minor	4266
misdemeanor.	4267

Sec. 517.22. The board of township trustees or the trustees	4268
or directors of a cemetery association, after notice has first	4269
been given in ~~two newspapers~~a newspaper of general circulation in	4270
the county, may dispose of, at public sale, and convey any	4271
cemetery under their control that they have determined to	4272
discontinue as burial grounds, but possession of the cemetery	4273
shall not be given to a grantee until after the remains buried in	4274
that cemetery, together with stones and monuments, have been	4275
removed as provided by section 517.21 of the Revised Code.	4276

Sec. 521.03. On receiving a petition filed under section	4277
521.02 of the Revised Code, or at the request of the board of	4278
township trustees, the township fiscal officer shall fix a time,	4279
not more than thirty days after the date of giving notice of the	4280
filing to the board or the date of receiving the request from the	4281
board, and place for a hearing on the issue of repair or	4282
maintenance of the tiles. The township fiscal officer shall	4283
prepare a notice in writing directed to the lot and land owners	4284
and to the corporations, either public or private, affected by the	4285
improvement. The notice shall set forth the substance of the	4286
petition or board request, and the time and place of the hearing	4287
on it.	4288

If the hearing is to be held in response to a petition, the	4289
township fiscal officer shall deliver a copy of the notice to any	4290
of the petitioners, who shall see that the notice is served on	4291
each lot or land owner or left at the lot or land owner's usual	4292
place of residence, and served on an officer or agent of each	4293
corporation affected by the improvement, at least fifteen days	4294
before the date set for the hearing. If the hearing is to be held	4295
at the request of the board, the board shall see that the notice	4296
is so served. On or before the day of the hearing, the person	4297
serving the notice shall certify, under oath, the time and manner	4298
of service, and shall file this certification with the township	4299
fiscal officer.	4300

The township fiscal officer shall give notice of the hearing	4301
to each nonresident lot or land owner, by publication once, in a	4302
newspaper ~~published in and~~ of general circulation in the county in	4303
which the township is situated, at least two weeks before the day	4304
set for the hearing. This notice shall be verified by affidavit of	4305
the printer or other person knowing the fact, and shall be filed	4306
with the township fiscal officer on or before the day of the	4307
hearing. No further notice of the petition or the proceedings	4308
under it shall thereafter be required.	4309

Sec. 705.16. (A) All ordinances or resolutions shall be in	4310
effect after thirty days from the date of their passage, except as	4311
provided in section 705.75 of the Revised Code.	4312

(B) ~~Notwithstanding any conflicting provision of section 7.12~~	4313
~~of the Revised Code,~~A succinct summary of each ordinance and	4314
resolution of a general nature, or providing for public	4315
improvements, or assessing property~~, or a succinct summary of each~~	4316
~~such ordinance or resolution,~~ shall, upon passage of the ordinance	4317
or resolution, be promptly published one time in ~~not more than two~~	4318
~~newspapers~~a newspaper of general circulation in the municipal	4319
corporation. Such publication shall be made in the body type of	4320
the paper under headlines in eighteen point type, which headlines	4321
shall specify the nature of such legislation. ~~If a summary of an~~	4322
~~ordinance or resolution is published, the~~The publication shall	4323
contain notice that the complete text of each such ordinance or	4324
resolution may be obtained or viewed at the office of the clerk of	4325
the legislative authority of the municipal corporation and may be	4326
viewed at any other location designated by the legislative	4327
authority of the municipal corporation. The city director of law,	4328
village solicitor, or other chief legal officer of the municipal	4329
corporation shall review ~~any~~the summary of an ordinance or	4330
resolution published under this section prior to forwarding it to	4331
the clerk for publication, to ensure that the summary is legally	4332
accurate and sufficient.	4333

(C) Upon publication of a summary of an ordinance or	4334
resolution in accordance with this section, the clerk of the	4335
legislative authority shall supply a copy of the complete text of	4336
each such ordinance or resolution to any person, upon request, and	4337
may charge a reasonable fee, set by the legislative authority, for	4338
each copy supplied. The clerk shall post a copy of the text at ~~his~~	4339
the clerk's office and at every other location designated by the	4340
legislative authority.	4341

(D) No newspaper shall be paid a higher price for the	4342
publication of summaries of ordinances than its ~~maximum bona fide~~	4343
~~commercial~~government rate established under section 7.10 of the	4344
Revised Code.	4345

Sec. 711.35. Upon the filing of the application provided for	4346
in section 711.34 of the Revised Code, the county auditor shall	4347
give notice of the filing, by publication, for two consecutive	4348
weeks in a newspaper ~~published and~~ of general circulation in the	4349
county~~, of the filing thereof, and~~or as provided in section 7.16	4350
of the Revised Code. The county auditor shall also notify the	4351
board of county commissioners of such filing.	4352

Sec. 715.011. Each municipal corporation may lease for a	4353
period not to exceed forty years, pursuant to a contract providing	4354
for the construction thereof under a lease-purchase plan,	4355
buildings, structures, and other improvements for any authorized	4356
municipal purpose, and in conjunction therewith, may grant leases,	4357
easements, or licenses for lands under the control of the	4358
municipal corporation for a period not to exceed forty years. The	4359
lease shall provide that at the end of the lease period the	4360
buildings, structures, and related improvements together with the	4361
land on which they are situate shall become the property of the	4362
municipal corporation without cost.	4363

Whenever any building, structure, or other improvement is to	4364
be so leased by a municipal corporation, the appropriate	4365
contracting officer of the municipal corporation shall file with	4366
the clerk of the council such basic plans, specifications, bills	4367
of materials, and estimates of cost with sufficient detail to	4368
afford bidders all needed information, or alternatively, shall	4369
file the following plans, details, bills of materials, and	4370
specifications:	4371

(A) Full and accurate plans, suitable for the use of	4372
mechanics and other builders in such construction, improvement,	4373
addition, alteration, or installation;	4374

(B) Details to scale and full sized, so drawn and represented	4375
as to be easily understood;	4376

(C) Accurate bills showing the exact quantity of different	4377
kinds of material necessary to the construction;	4378

(D) Definite and complete specifications of the work to be	4379
performed, together with such directions as will enable a	4380
competent mechanic or other builder to carry them out and afford	4381
bidders all needed information;	4382

(E) A full and accurate estimate of each item of expense and	4383
of the aggregate cost thereof.	4384

The council of the municipal corporation shall give public	4385
notice, in ~~the~~a newspaper of general circulation in the municipal	4386
corporation, and in the form and with the phraseology as the	4387
council orders, published once each week for four consecutive	4388
weeks or as provided in section 7.16 of the Revised Code, of the	4389
time and place, when and where bids will be received for entering	4390
into an agreement to lease to the municipal corporation a	4391
building, structure, or other improvement, the last publication to	4392
be at least eight days preceding the day for opening the bids. The	4393
bids shall contain the terms upon which the builder would propose	4394
to lease the building, structure, or other improvement to the	4395
municipal corporation. The form of the bid approved by the council	4396
of the municipal corporation shall be used and a bid shall be	4397
invalid and not considered unless such form is used without	4398
change, alteration, or addition. Before submitting bids pursuant	4399
to this section, any builder shall have complied with sections	4400
153.50 to 153.52 of the Revised Code.	4401

On the day and at the place named for receiving bids for	4402
entering into lease agreements with the municipal corporation, the	4403
appropriate contracting officer of the municipal corporation shall	4404
open the bids, and shall publicly proceed immediately to tabulate	4405
the bids upon triplicate sheets, one of each of which sheets shall	4406
be filed with the clerk of the council. No lease agreement shall	4407
be entered into until the bureau of workers' compensation has	4408
certified that the corporation, partnership, or person to be	4409
awarded the lease agreement has complied with Chapter 4123. of the	4410
Revised Code, and until, if the builder submitting the lowest and	4411
best bid is a foreign corporation, the secretary of state has	4412
certified that the corporation is authorized to do business in	4413
this state, and until, if the builder submitting the lowest and	4414
best bid is a person or partnership nonresident of this state, the	4415
person or partnership has filed with the secretary of state a	4416
power of attorney designating the secretary of state as its agent	4417
for the purpose of accepting service of summons in any action	4418
brought under Chapter 4123. of the Revised Code, and until the	4419
agreement is submitted to the village solicitor or city director	4420
of law of the municipal corporation and ~~his~~the solicitor's or	4421
director's approval is certified thereon. Within thirty days after	4422
the day on which the bids are received, the council shall	4423
investigate the bids received and shall determine that the bureau	4424
and the secretary of state have made the certifications required	4425
by this section of the builder who has submitted the lowest and	4426
best bid. Within ten days of the completion of the investigation	4427
of the bids the council may award the lease agreement to the	4428
builder who has submitted the lowest and best bid and who has been	4429
certified by the bureau and secretary of state as required by this	4430
section. If bidding for the lease agreement has been conducted	4431
upon the basis of basic plans, specifications, bills of materials,	4432
and estimates of costs, upon the award to the builder, the	4433
council, or the builder with the approval of the council, shall	4434
appoint an architect or engineer licensed in this state to prepare	4435
such further detailed plans, specifications, and bills of	4436
materials as are required to construct the building, structure, or	4437
improvement.	4438

The council may reject any bid. Where there is reason to	4439
believe there is collusion or combination among bidders, the bids	4440
of those concerned therein shall be rejected.	4441

Sec. 715.47. A municipal corporation may fill or drain any	4442
lot or land within its limits on which water at any time becomes	4443
stagnant, remove all putrid substances from any lot, and remove	4444
all obstructions from culverts, covered drains, or private	4445
property, laid in any natural watercourse, creek, brook, or	4446
branch, which obstruct the water naturally flowing therein,	4447
causing it to flow back or become stagnant, in a way prejudicial	4448
to the health, comfort, or convenience of any of the citizens of	4449
the neighborhood. If such culverts or drains are of insufficient	4450
capacity, the municipal corporation may make them of such capacity	4451
as reasonably to accommodate the flow of such water at all times.	4452
The legislative authority of such municipal corporation may, by	4453
resolution, direct the owner to fill or drain such lot, remove	4454
such putrid substance or such obstructions, and if necessary,	4455
enlarge such culverts or covered drains to meet the requirements	4456
thereof.	4457

After service of a copy of such resolution, or after a	4458
publication thereof, in a newspaper of general circulation in such	4459
municipal corporation or as provided in section 7.16 of the	4460
Revised Code, for two consecutive weeks, such owner, or ~~his~~such	4461
owner's agent or attorney, shall comply with the directions of the	4462
resolution within the time therein specified.	4463

In case of the failure or refusal of such owner to comply	4464
with the resolution, the work required thereby may be done at the	4465
expense of the municipal corporation, and the amount of money so	4466
expended shall be recovered from the owner before any court of	4467
competent jurisdiction. Such expense from the time of the adoption	4468
of the resolution shall be a lien on such lot, which may be	4469
enforced by suit in the court of common pleas, and like	4470
proceedings may be had as directed in relation to the improvement	4471
of streets.	4472

The officers connected with the health department of every	4473
such municipal corporation shall see that this section is strictly	4474
and promptly enforced.	4475

Sec. 718.09. (A) This section applies to either of the	4476
following:	4477

(1) A municipal corporation that shares the same territory as	4478
a city, local, or exempted village school district, to the extent	4479
that not more than five per cent of the territory of the municipal	4480
corporation is located outside the school district and not more	4481
than five per cent of the territory of the school district is	4482
located outside the municipal corporation;	4483

(2) A municipal corporation that shares the same territory as	4484
a city, local, or exempted village school district, to the extent	4485
that not more than five per cent of the territory of the municipal	4486
corporation is located outside the school district, more than five	4487
per cent but not more than ten per cent of the territory of the	4488
school district is located outside the municipal corporation, and	4489
that portion of the territory of the school district that is	4490
located outside the municipal corporation is located entirely	4491
within another municipal corporation having a population of four	4492
hundred thousand or more according to the federal decennial census	4493
most recently completed before the agreement is entered into under	4494
division (B) of this section.	4495

(B) The legislative authority of a municipal corporation to	4496
which this section applies may propose to the electors an income	4497
tax, one of the purposes of which shall be to provide financial	4498
assistance to the school district through payment to the district	4499
of not less than twenty-five per cent of the revenue generated by	4500
the tax, except that the legislative authority may not propose to	4501
levy the income tax on the incomes of nonresident individuals.	4502
Prior to proposing the tax, the legislative authority shall	4503
negotiate and enter into a written agreement with the board of	4504
education of the school district specifying the tax rate, the	4505
percentage of tax revenue to be paid to the school district, the	4506
purpose for which the school district will use the money, the	4507
first year the tax will be levied, the date of the special	4508
election on the question of the tax, and the method and schedule	4509
by which the municipal corporation will make payments to the	4510
school district. The special election shall be held on a day	4511
specified in division (D) of section 3501.01 of the Revised Code,	4512
except that the special election may not be held on the day for	4513
holding a primary election as authorized by the municipal	4514
corporation's charter unless the municipal corporation is to have	4515
a primary election on that day.	4516

After the legislative authority and board of education have	4517
entered into the agreement, the legislative authority shall	4518
provide for levying the tax by ordinance. The ordinance shall	4519
state the tax rate, the percentage of tax revenue to be paid to	4520
the school district, the purpose for which the municipal	4521
corporation will use its share of the tax revenue, the first year	4522
the tax will be levied, and that the question of the income tax	4523
will be submitted to the electors of the municipal corporation.	4524
The legislative authority also shall adopt a resolution specifying	4525
the regular or special election date the election will be held and	4526
directing the board of elections to conduct the election. At least	4527
seventy-five days before the date of the election, the legislative	4528
authority shall file certified copies of the ordinance and	4529
resolution with the board of elections.	4530

(C) The board of elections shall make the necessary	4531
arrangements for the submission of the question to the electors of	4532
the municipal corporation, and shall conduct the election in the	4533
same manner as any other municipal income tax election. Notice of	4534
the election shall be published in a newspaper of general	4535
circulation in the municipal corporation once a week for four	4536
consecutive weeks, or as provided in section 7.16 of the Revised	4537
Code, prior to the election, and shall include statements of the	4538
rate and municipal corporation and school district purposes of the	4539
income tax, the percentage of tax revenue that will be paid to the	4540
school district, and the first year the tax will be levied. The	4541
ballot shall be in the following form:	4542

"Shall the ordinance providing for a ..... per cent levy on	4543
income for (brief description of the municipal corporation and	4544
school district purposes of the levy, including a statement of the	4545
percentage of tax revenue that will be paid to the school	4546
district) be passed? The income tax, if approved, will not be	4547
levied on the incomes of individuals who do not reside in (the	4548
name of the municipal corporation).	4549

4550

		For the income tax			4551
		Against the income tax	"		4552

4553

(D) If the question is approved by a majority of the	4554
electors, the municipal corporation shall impose the income tax	4555
beginning in the year specified in the ordinance. The proceeds of	4556
the levy may be used only for the specified purposes, including	4557
payment of the specified percentage to the school district.	4558

Sec. 718.10. (A) This section applies to a group of two or	4559
more municipal corporations that, taken together, share the same	4560
territory as a single city, local, or exempted village school	4561
district, to the extent that not more than five per cent of the	4562
territory of the municipal corporations as a group is located	4563
outside the school district and not more than five per cent of the	4564
territory of the school district is located outside the municipal	4565
corporations as a group.	4566

(B) The legislative authorities of the municipal corporations	4567
in a group of municipal corporations to which this section applies	4568
each may propose to the electors an income tax, to be levied in	4569
concert with income taxes in the other municipal corporations of	4570
the group, except that a legislative authority may not propose to	4571
levy the income tax on the incomes of individuals who do not	4572
reside in the municipal corporation. One of the purposes of such a	4573
tax shall be to provide financial assistance to the school	4574
district through payment to the district of not less than	4575
twenty-five per cent of the revenue generated by the tax. Prior to	4576
proposing the taxes, the legislative authorities shall negotiate	4577
and enter into a written agreement with each other and with the	4578
board of education of the school district specifying the tax rate,	4579
the percentage of the tax revenue to be paid to the school	4580
district, the first year the tax will be levied, and the date of	4581
the election on the question of the tax, all of which shall be the	4582
same for each municipal corporation. The agreement also shall	4583
state the purpose for which the school district will use the	4584
money, and specify the method and schedule by which each municipal	4585
corporation will make payments to the school district. The special	4586
election shall be held on a day specified in division (D) of	4587
section 3501.01 of the Revised Code, including a day on which all	4588
of the municipal corporations are to have a primary election.	4589

After the legislative authorities and board of education have	4590
entered into the agreement, each legislative authority shall	4591
provide for levying its tax by ordinance. Each ordinance shall	4592
state the rate of the tax, the percentage of tax revenue to be	4593
paid to the school district, the purpose for which the municipal	4594
corporation will use its share of the tax revenue, and the first	4595
year the tax will be levied. Each ordinance also shall state that	4596
the question of the income tax will be submitted to the electors	4597
of the municipal corporation on the same date as the submission of	4598
questions of an identical tax to the electors of each of the other	4599
municipal corporations in the group, and that unless the electors	4600
of all of the municipal corporations in the group approve the tax	4601
in their respective municipal corporations, none of the municipal	4602
corporations in the group shall levy the tax. Each legislative	4603
authority also shall adopt a resolution specifying the regular or	4604
special election date the election will be held and directing the	4605
board of elections to conduct the election. At least seventy-five	4606
days before the date of the election, each legislative authority	4607
shall file certified copies of the ordinance and resolution with	4608
the board of elections.	4609

(C) For each of the municipal corporations, the board of	4610
elections shall make the necessary arrangements for the submission	4611
of the question to the electors, and shall conduct the election in	4612
the same manner as any other municipal income tax election. For	4613
each of the municipal corporations, notice of the election shall	4614
be published in a newspaper of general circulation in the	4615
municipal corporation once a week for four consecutive weeks prior	4616
to the election or as provided in section 7.16 of the Revised	4617
Code. The notice shall include a statement of the rate and	4618
municipal corporation and school district purposes of the income	4619
tax, the percentage of tax revenue that will be paid to the school	4620
district, and the first year the tax will be levied, and an	4621
explanation that the tax will not be levied unless an identical	4622
tax is approved by the electors of each of the other municipal	4623
corporations in the group. The ballot shall be in the following	4624
form:	4625

"Shall the ordinance providing for a ... per cent levy on	4626
income for (brief description of the municipal corporation and	4627
school district purposes of the levy, including a statement of the	4628
percentage of income tax revenue that will be paid to the school	4629
district) be passed? The income tax, if approved, will not be	4630
levied on the incomes of individuals who do not reside in (the	4631
name of the municipal corporation). In order for the income tax to	4632
be levied, the voters of (the other municipal corporations in the	4633
group), which are also in the (name of the school district) school	4634
district, must approve an identical income tax and agree to pay	4635
the same percentage of the tax revenue to the school district.	4636

4637

		For the income tax			4638
		Against the income tax	"		4639

4640

(D) If the question is approved by a majority of the electors	4641
and identical taxes are approved by a majority of the electors in	4642
each of the other municipal corporations in the group, the	4643
municipal corporation shall impose the tax beginning in the year	4644
specified in the ordinance. The proceeds of the levy may be used	4645
only for the specified purposes, including payment of the	4646
specified percentage to the school district.	4647

Sec. 719.012. In order to rehabilitate a building or	4648
structure that a municipal corporation determines to be a blighted	4649
property as defined in section 1.08 of the Revised Code, a	4650
municipal corporation may appropriate, in the manner provided in	4651
sections 163.01 to 163.22 of the Revised Code, any such building	4652
or structure and the real property of which it is a part. The	4653
municipal corporation shall rehabilitate the building or structure	4654
or cause it to be rehabilitated within two years after the	4655
appropriation, so that the building or structure is no longer a	4656
public nuisance, insecure, unsafe, structurally defective,	4657
unhealthful, or unsanitary, or a threat to the public health,	4658
safety, or welfare, or in violation of a building code or	4659
ordinance adopted under section 731.231 of the Revised Code. Any	4660
building or structure appropriated pursuant to this section which	4661
is not rehabilitated within two years shall be demolished.	4662

If during the rehabilitation process the municipal	4663
corporation retains title to the building or structure and the	4664
real property of which it is a part, then within one hundred	4665
eighty days after the rehabilitation is complete, the municipal	4666
corporation shall appraise the rehabilitated building or structure	4667
and the real property of which it is a part, and shall sell the	4668
building or structure and property at public auction. The	4669
municipal corporation shall advertise the public auction in a	4670
newspaper of general circulation in the municipal corporation once	4671
a week for three consecutive weeks, or as provided in section 7.16	4672
of the Revised Code, prior to the date of sale. The municipal	4673
corporation shall sell the building or structure and real	4674
property to the highest and best bidder. No property that a	4675
municipal corporation acquires pursuant to this section shall be	4676
leased.	4677

Sec. 719.05. The mayor of a municipal corporation shall,	4678
immediately upon the passage of a resolution under section 719.04	4679
of the Revised Code, declaring an intent to appropriate property,	4680
for which but one reading is necessary, cause written notice to be	4681
given to the owner of, person in possession of, or person having	4682
an interest of record in, every piece of property sought to be	4683
appropriated, or to ~~his~~the authorized agent of the owner or other	4684
such person. Such notice shall be served by a person designated	4685
for the purpose and return made in the manner provided for the	4686
service and return of summons in civil actions. If such owner,	4687
person, or agent cannot be found, notice shall be given by	4688
publication once a week for three consecutive weeks in a newspaper	4689
of general circulation in the municipal corporation or as provided	4690
in section 7.16 of the Revised Code, and the legislative authority	4691
may thereupon pass an ordinance by a two-thirds vote of all	4692
members elected thereto, directing such appropriation to proceed.	4693

Sec. 721.03. No contract, except as provided in section	4694
721.28 of the Revised Code, for the sale or lease of real estate	4695
belonging to a municipal corporation shall be made unless	4696
authorized by an ordinance, approved by a two-thirds vote of the	4697
members of the legislative authority of such municipal	4698
corporation, and by the board or officer having supervision or	4699
management of such real estate. When the contract is so	4700
authorized, it shall be made in writing by such board or officer,	4701
and, except as provided in section 721.27 of the Revised Code,	4702
only with the highest bidder, after advertisement once a week for	4703
five consecutive weeks in a newspaper of general circulation	4704
within the municipal corporation or as provided in section 7.16 of	4705
the Revised Code. Such board or officer may reject any bids and	4706
readvertise until all such real estate is sold or leased.	4707

Sec. 721.15. (A) Personal property not needed for municipal	4708
purposes, the estimated value of which is less than one thousand	4709
dollars, may be sold by the board or officer having supervision or	4710
management of that property. If the estimated value of that	4711
property is one thousand dollars or more, it shall be sold only	4712
when authorized by an ordinance of the legislative authority of	4713
the municipal corporation and approved by the board, officer, or	4714
director having supervision or management of that property. When	4715
so authorized, the board, officer, or director shall make a	4716
written contract with the highest and best bidder after	4717
advertisement for not less than two ornor more than four	4718
consecutive weeks in a newspaper of general circulation within the	4719
municipal corporation or as provided in section 7.16 of the	4720
Revised Code, or with a board of county commissioners upon such	4721
lawful terms as are agreed upon, as provided by division (B)(1) of	4722
section 721.27 of the Revised Code.	4723

(B) When the legislative authority finds, by resolution, that	4724
the municipal corporation has vehicles, equipment, or machinery	4725
which is obsolete, or is not needed or is unfit for public use,	4726
that the municipal corporation has need of other vehicles,	4727
equipment, or machinery of the same type, and that it will be in	4728
the best interest of the municipal corporation that the sale of	4729
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	4730
made simultaneously with the purchase of the new vehicles,	4731
equipment, or machinery of the same type, the legislative	4732
authority may offer to sell, or authorize a board, officer, or	4733
director of the municipal corporation having supervision or	4734
management of the property to offer to sell, those vehicles,	4735
equipment, or machinery and to have the selling price credited	4736
against the purchase price of other vehicles, equipment, or	4737
machinery and to consummate the sale and purchase by a single	4738
contract with the lowest and best bidder to be determined by	4739
subtracting from the selling price of the vehicles, equipment, or	4740
machinery to be purchased by the municipal corporation the	4741
purchase price offered for the municipally-owned vehicles,	4742
equipment, or machinery. When the legislative authority or the	4743
authorized board, officer, or director of a municipal corporation	4744
advertises for bids for the sale of new vehicles, equipment, or	4745
machinery to the municipal corporation, they may include in the	4746
same advertisement a notice of willingness to accept bids for the	4747
purchase of municipally-owned vehicles, equipment, or machinery	4748
which is obsolete, or is not needed or is unfit for public use,	4749
and to have the amount of those bids subtracted from the selling	4750
price as a means of determining the lowest and best bidder.	4751

(C) If the legislative authority of the municipal corporation	4752
determines that municipal personal property is not needed for	4753
public use, or is obsolete or unfit for the use for which it was	4754
acquired, and that the property has no value, the legislative	4755
authority may discard or salvage that property.	4756

(D) Notwithstanding anything to the contrary in division (A)	4757
or (B) of this section and regardless of the property's value, the	4758
legislative authority of a municipal corporation may sell personal	4759
property, including motor vehicles acquired for the use of	4760
municipal officers and departments, and road machinery, equipment,	4761
tools, or supplies, which is not needed for public use, or is	4762
obsolete or unfit for the use for which it was acquired, by	4763
internet auction. The legislative authority shall adopt, during	4764
each calendar year, a resolution expressing its intent to sell	4765
that property by internet auction. The resolution shall include a	4766
description of how the auctions will be conducted and shall	4767
specify the number of days for bidding on the property, which	4768
shall be no less than fifteen days, including Saturdays, Sundays,	4769
and legal holidays. The resolution shall indicate whether the	4770
municipal corporation will conduct the auction or the legislative	4771
authority will contract with a representative to conduct the	4772
auction and shall establish the general terms and conditions of	4773
sale. If a representative is known when the resolution is adopted,	4774
the resolution shall provide contact information such as the	4775
representative's name, address, and telephone number.	4776

After adoption of the resolution, the legislative authority	4777
shall publish, in a newspaper of general circulation in the	4778
municipal corporation or as provided in section 7.16 of the	4779
Revised Code, notice of its intent to sell unneeded, obsolete, or	4780
unfit municipal personal property by internet auction. The notice	4781
shall include a summary of the information provided in the	4782
resolution and shall be published ~~at least~~ twice. The second ~~and~~	4783
~~any subsequent~~ notice shall be published not less than ten nor	4784
more than twenty days after the previous notice. A similar notice	4785
also shall be posted continually throughout the calendar year in a	4786
conspicuous place in the offices of the village clerk or city	4787
auditor, and the legislative authority~~, and, if~~. If the municipal	4788
corporation maintains a website on the internet, the notice shall	4789
be posted continually throughout the calendar year at that	4790
website.	4791

When the property is to be sold by internet auction, the	4792
legislative authority or its representative may establish a	4793
minimum price that will be accepted for specific items and may	4794
establish any other terms and conditions for the particular sale,	4795
including requirements for pick-up or delivery, method of payment,	4796
and sales tax. This type of information shall be provided on the	4797
internet at the time of the auction and may be provided before	4798
that time upon request after the terms and conditions have been	4799
determined by the legislative authority or its representative.	4800

Sec. 721.20. Notice of the filing, pendency, and prayer of	4801
the petition provided for by section 721.19 of the Revised Code	4802
shall be published for four consecutive weeks or as provided in	4803
section 7.16 of the Revised Code, prior to the day of hearing, in	4804
a newspaper ~~published in the municipal corporation, or if there~~	4805
~~is none, then in a newspaper published in the county, and~~ of	4806
general circulation in such municipal corporation.	4807

Sec. 723.07. No street or alley shall be vacated or narrowed	4808
unless notice of the pendency and prayer of the petition under	4809
section 723.04 of the Revised Code is given by publishing, in a	4810
newspaper ~~published or~~ of general circulation in such municipal	4811
corporation, for six consecutive weeks preceding action on such	4812
petition, or~~, where~~as provided in section 7.16 of the Revised	4813
Code preceding action on the petition. Where no newspaper is	4814
~~published~~of general circulation in the municipal corporation,	4815
notice shall be given by posting the notice in three public	4816
places therein six weeks preceding such action. Action thereon	4817
shall take place within three months after the completion of the	4818
notice.	4819

Sec. 727.011. For the purpose of controlling the blight and	4820
disease of shade trees within public rights-of-way, and for	4821
planting, maintaining, trimming, and removing shade trees in and	4822
along the streets of a municipality, the legislative authority of	4823
such municipal corporation may establish one or more districts in	4824
the municipality designating the boundaries thereof, and may each	4825
year thereafter, by ordinance, designate the district in which	4826
such control, planting, care, and maintenance shall be effected,	4827
setting forth an estimate of the cost and providing for the levy	4828
of a special assessment upon all the real property in the	4829
district, in the amount and in the manner provided in section	4830
727.01 of the Revised Code, for planting, maintaining, trimming,	4831
and removing shade trees. The ordinance shall be adopted ~~and~~	4832
~~published~~ as other ordinances and a succinct summary of the	4833
ordinance shall be published in the manner provided in section	4834
731.21 of the Revised Code. Bonds and anticipatory notes may be	4835
issued in anticipation of the collection of such special	4836
assessments, under section 133.17 of the Revised Code.	4837

Sec. 727.012. For the purpose of constructing, maintaining,	4838
repairing, cleaning, and enclosing ditches, the legislative	4839
authority of such municipal corporation may establish one or more	4840
districts in the municipality designating the boundaries thereof,	4841
and may each year thereafter, by ordinance, designate the district	4842
in which such constructing, maintaining, repairing, cleaning, and	4843
enclosing of ditches shall be effected, setting forth an estimate	4844
of the cost and providing for the levying of a special assessment	4845
upon all the real property in the district, in the amount and in	4846
the manner provided in section 727.01 of the Revised Code, for	4847
constructing, maintaining, repairing, cleaning, and enclosing	4848
ditches. The ordinance shall be adopted ~~and published~~ as other	4849
ordinances and a succinct summary of the ordinance shall be	4850
published in the manner provided in section 731.21 of the Revised	4851
Code. Bonds and anticipatory notes may be issued in anticipation	4852
of the collection of such special assessments, under section	4853
133.17 of the Revised Code.	4854

Sec. 727.08. The cost of any public improvement to be paid	4855
for directly or indirectly, in whole or in part, by funds derived	4856
from special assessments may include but not be limited to:	4857

(A) The purchase price of real estate or any interest therein	4858
when acquired by purchase, or not more than fifty per cent of the	4859
cost of acquiring such real estate or any interest therein when	4860
acquired by appropriation;	4861

(B) The cost of preliminary and other surveys;

4862

(C) The cost of preparing plans, specifications, profiles,	4863
and estimates except, to the extent that costs of plans,	4864
specifications, and estimates of cost have been paid for by the	4865
levy of assessments under section 729.11 of the Revised Code, such	4866
costs shall not be included in determining the cost of the	4867
improvement under this section;	4868

(D) The cost of printing, serving, and publishing notices,	4869
and summaries of resolutions, and ordinances;	4870

(E) The cost of all special proceedings;

4871

(F) The cost of labor and material, whether furnished by	4872
contract or otherwise;	4873

(G) Interest on securities issued in anticipation of the levy	4874
and collection of the special assessments or, if securities in	4875
anticipation of the levy of the special assessments are not	4876
issued, interest, at a rate to be determined by the legislative	4877
authority in the resolution of necessity adopted pursuant to	4878
section 727.12 of the Revised Code, on moneys advanced by the	4879
municipal corporation for the cost of the public improvement in	4880
anticipation of the levy of the special assessments;	4881

(H) The total amount of damages, resulting from the	4882
improvement, assessed in favor of any owner of lands affected by	4883
the improvement, and interest thereon;	4884

(I) The cost incurred in connection with the preparation,	4885
levy, and collection of the special assessments, including legal	4886
expenses incurred by reason of the improvement;	4887

(J) Incidental costs directly connected with the improvement.

4888

Sec. 727.14. In lieu of the procedure provided in section	4889
727.13 of the Revised Code, the legislative authority may provide	4890
for notice of the passage of a resolution of necessity providing	4891
for the lighting, sprinkling, sweeping, or cleaning of any street,	4892
alley, public road, or place, or parts thereof or for treating the	4893
surface of the same with dust-laying or preservative substances,	4894
or for the planting, maintaining, and removing of shade trees, or	4895
for the constructing, maintaining, repairing, cleaning, and	4896
enclosing of ditches, and the filing of the estimated assessment	4897
under section 727.12 of the Revised Code, to be given by	4898
publication of such notice once a week for two consecutive weeks	4899
in a newspaper of general circulation in the municipal corporation	4900
or as provided in section 7.16 of the Revised Code. When it	4901
appears from the estimated assessment filed as provided by section	4902
727.12 of the Revised Code, that the assessment against the owner	4903
of any lot or parcel of land will exceed two hundred fifty	4904
dollars, such owner shall be notified of the assessment in the	4905
manner provided in section 727.13 of the Revised Code.	4906

Sec. 727.46. When a general plan has been prepared under	4907
section 727.44 of the Revised Code and reported to the legislative	4908
authority, it shall be filed with the clerk of the legislative	4909
authority and the legislative authority shall cause its clerk to	4910
publish, once a week for two consecutive weeks in a newspaper of	4911
general circulation in the municipal corporation or as provided in	4912
section 7.16 of the Revised Code, a notice stating that such	4913
general plan has been prepared and is on file in the office of the	4914
clerk of the legislative authority for examination by interested	4915
persons and that written objections to such plan may be filed in	4916
the office of such clerk before the date specified in the notice,	4917
which shall not be earlier than the seventeenth day following the	4918
date of the first publication in said newspaper. Any person having	4919
an objection to the general plan shall file such objection in	4920
writing, with the clerk of the legislative authority within the	4921
time specified.	4922

Sec. 729.08. The legislative authority of the municipal	4923
corporation shall cause a notice to be published for three	4924
consecutive weeks in a newspaper of general circulation in the	4925
municipal corporation or as provided in section 7.16 of the	4926
Revised Code, stating that such list of estimated assessments has	4927
been made and is on file in the office of the clerk of the	4928
legislative authority for the inspection and examination of	4929
persons interested therein.	4930

If any person objects to an assessment on such list, hethe	4931
person shall file ~~his~~the objection in writing with the clerk of	4932
the legislative authority within two weeks after the expiration of	4933
the notice provided in this section.	4934

Sec. 729.11. In addition to the power conferred upon	4935
municipal corporations under section 727.01 of the Revised Code to	4936
levy and collect special assessments, the legislative authority of	4937
a municipal corporation may, whenever it has determined by	4938
ordinance that it is necessary to construct, enlarge, or improve a	4939
system of storm or sanitary sewerage for the municipal corporation	4940
or any part thereof, including sewage disposal works, treatment	4941
plants, and sewage pumping stations, or a water supply system for	4942
the municipal corporation or any part thereof including mains,	4943
dams, reservoirs, wells, intakes, purification works, and pumping	4944
stations, and that any such improvement shall be constructed,	4945
enlarged, or improved, may levy upon property to be benefited in	4946
the municipal corporation or any designated part thereof, which	4947
property shall be described in the ordinance, a preliminary	4948
assessment upon the benefited lots and lands within the	4949
corporation or such part thereof, apportioned according to	4950
benefits or to the tax valuation or partly by one method and	4951
partly by the other, as the legislative authority determines for	4952
the purpose of paying the costs of general and detailed plans,	4953
specifications, estimates, preparation of the tentative	4954
assessment, financing, and legal services incident to the	4955
preparation of such plans, and a plan for financing the proposed	4956
improvements.	4957

Prior to the adoption of such ordinance, the legislative	4958
authority of such municipal corporation shall give notice of the	4959
pendency thereof and of the proposed determination of the	4960
necessity of the improvement therein generally described, which	4961
notice shall set forth the description of the benefited property	4962
as designated in the ordinance and the time and place of hearing	4963
of objections to and endorsements of the improvement. Such notice	4964
shall be given by publication in a newspaper of general	4965
circulation in the municipal corporation once a week for two	4966
consecutive weeks or as provided in section 7.16 of the Revised	4967
Code, the first publication to be at least two weeks prior to the	4968
date set for the hearing. At such hearing, or at any adjournment	4969
thereof, of which no further published notice need be given, the	4970
legislative authority shall hear all persons whose properties are	4971
proposed to be assessed, and such evidence as is deemed to be	4972
necessary, and shall then determine the necessity of the proposed	4973
improvement and in addition shall determine whether the	4974
improvement shall be made by the municipal corporation, and shall	4975
direct the preparation of tentative assessments upon the benefited	4976
properties and by whom they shall be prepared.	4977

Such assessments shall be in the amount determined to be	4978
necessary by the legislative authority to pay the costs of general	4979
and detailed plans, specifications, estimates of cost, preparation	4980
of the tentative assessment, financing and legal services incident	4981
to the preparation of such plans, and a plan of financing the	4982
proposed improvements, and shall be payable in such number of	4983
years as the legislative authority determines, not to exceed	4984
twenty, together with interest on any notes which may be issued in	4985
anticipation of the collection of such assessments.	4986

The legislative authority may at any time levy additional	4987
assessments according to benefits or to tax valuation or partly by	4988
one method and partly by the other as the legislative authority	4989
determines for such purposes upon such properties to complete the	4990
payment of such costs or to pay the cost of any additional plans,	4991
specifications, estimates of cost, tentative assessments, and the	4992
cost of financing and legal services incident to the preparation	4993
of such plans and such plan of financing, which additional	4994
assessments shall be payable in such number of years as the	4995
legislative authority determines, not to exceed twenty years,	4996
together with interest on any notes and bonds which may be issued	4997
in anticipation of the collection thereof.	4998

Upon completion of the tentative assessments or any	4999
additional assessments, they shall be filed with the clerk of the	5000
legislative authority and shall be and remain open to public	5001
inspection, and thereupon, the legislative authority shall give at	5002
least ten days' notice of the filing thereof in one newspaper of	5003
general circulation in the municipal corporation, or shall give	5004
notice as provided in section 7.16 of the Revised Code, which	5005
notice shall state the time and place when and where such	5006
tentative assessments shall be taken up for consideration. At such	5007
time and place or at any adjournment thereof, of which no further	5008
published notice need be given, the legislative authority shall	5009
hear all persons whose properties are proposed to be assessed,	5010
shall correct any errors and make any revisions that appear to be	5011
necessary or just, and may then pass an ordinance levying upon the	5012
properties determined to be benefited such assessments as so	5013
corrected and revised.	5014

The assessments levied by such ordinance shall be certified	5015
to the county auditor for collection as other taxes in the year or	5016
years in which they are payable; provided any such assessment in	5017
the amount of five dollars or less, or any unpaid balance of any	5018
such assessment which is five dollars or less, shall be paid in	5019
full, and not in installments, at the time the first or next	5020
installment would otherwise become due and payable.	5021

Upon the adoption of such ordinance levying assessments the	5022
legislative authority may authorize contracts to carry out the	5023
purposes for which such assessments have been levied without the	5024
prior issuance of notes and bonds; provided that the payments due	5025
by the municipal corporation do not fall due prior to the times in	5026
which such assessments shall be collected. The municipal	5027
corporation may also issue and sell its bonds with a maximum	5028
maturity of twenty years in anticipation of the collection of such	5029
assessments and may issue its notes in anticipation of the	5030
issuance of such bonds, which notes and bonds shall be issued and	5031
sold as provided in Chapter 133. of the Revised Code.	5032

Sec. 731.141. In those villages that have established the	5033
position of village administrator, as provided by section 735.271	5034
of the Revised Code, the village administrator shall make	5035
contracts, purchase supplies and materials, and provide labor for	5036
any work under the administrator's supervision involving not more	5037
than twenty-five thousand dollars. When an expenditure, other than	5038
the compensation of persons employed by the village, exceeds	5039
twenty-five thousand dollars, the expenditure shall first be	5040
authorized and directed by ordinance of the legislative authority	5041
of the village. When so authorized and directed, except where the	5042
contract is for equipment, services, materials, or supplies to be	5043
purchased under division (D) of section 713.23 or section 125.04	5044
or 5513.01 of the Revised Code, available from a qualified	5045
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	5046
Revised Code, or required to be purchased from a qualified	5047
nonprofit agency under sections 125.60 to 125.6012 of the Revised	5048
Code, the village administrator shall make a written contract with	5049
the lowest and best bidder after advertisement for not less than	5050
two nor more than four consecutive weeks in a newspaper of general	5051
circulation within the village or as provided in section 7.16 of	5052
the Revised Code. The bids shall be opened and shall be publicly	5053
read by the village administrator or a person designated by the	5054
village administrator at the time, date, and place as specified in	5055
the advertisement to bidders or specifications. The time, date,	5056
and place of bid openings may be extended to a later date by the	5057
village administrator, provided that written or oral notice of the	5058
change shall be given to all persons who have received or	5059
requested specifications no later than ninety-six hours prior to	5060
the original time and date fixed for the opening. All contracts	5061
shall be executed in the name of the village and signed on its	5062
behalf by the village administrator and the clerk.	5063

The legislative authority of a village may provide, by	5064
ordinance, for central purchasing for all offices, departments,	5065
divisions, boards, and commissions of the village, under the	5066
direction of the village administrator, who shall make contracts,	5067
purchase supplies or materials, and provide labor for any work of	5068
the village in the manner provided by this section.	5069

Sec. 731.20. Ordinances, resolutions, and bylaws shall be	5070
authenticated by the signature of the presiding officer and clerk	5071
of the legislative authority of the municipal corporation.	5072
~~Ordinances~~A succinct summary of ordinances of a general nature or	5073
providing for improvements shall be published as provided by	5074
sections 731.21 and 731.22 of the Revised Code before going into	5075
operation. No ordinance shall take effect until the expiration of	5076
ten days after the first publication of such notice. As soon as a	5077
bylaw, resolution, or ordinance is passed and signed, it shall be	5078
recorded by the clerk in a book furnished by the legislative	5079
authority for that purpose.	5080

Sec. 731.21. (A) ~~Notwithstanding any conflicting provision~~	5081
~~of section 7.12 of the Revised Code,~~A succinct summary of each	5082
municipal ordinance or resolution~~, or a succinct summary of each~~	5083
~~municipal ordinance and resolution,~~ and all statements, orders,	5084
proclamations, notices, and reports required by law or ordinance	5085
to be published shall be published ~~as follows:~~	5086

~~(1) In two English language newspapers of opposite politics,~~	5087
~~published and~~in a newspaper of general circulation in the	5088
municipal corporation~~, if there are any such newspapers;~~	5089

~~(2) If two English language newspapers of opposite politics~~	5090
~~are not published and of general circulation in the municipal~~	5091
~~corporation, then in one such political newspaper and one other~~	5092
~~English language newspaper published and of general circulation~~	5093
~~therein;~~	5094

~~(3) If only one english language newspaper is published and~~	5095
~~of general circulation in the municipal corporation, then in that~~	5096
~~newspaper;~~	5097

~~(4) If no english language newspaper is published and of~~	5098
~~general circulation in the municipal corporation, then in any~~	5099
~~English language newspaper of general circulation therein or by~~	5100
~~posting as provided in section 731.25 of the Revised Code, at the~~	5101
~~option of the legislative authority of such municipal corporation~~.	5102
Proof of the publication and required circulation of any newspaper	5103
used as a medium of publication as provided by this section shall	5104
be made by affidavit of the proprietor of ~~either of such~~	5105
~~newspapers~~the newspaper, and shall be filed with the clerk of the	5106
legislative authority.	5107

(B) ~~If a summary of an ordinance or resolution is published~~	5108
~~under division (A) of this section, the~~The publication shall	5109
contain notice that the complete text of each such ordinance or	5110
resolution may be obtained or viewed at the office of the clerk of	5111
the legislative authority of the municipal corporation and may be	5112
viewed at any other location designated by the legislative	5113
authority of the municipal corporation. The city director of law,	5114
village solicitor, or other chief legal officer of the municipal	5115
corporation shall review ~~any~~the summary of an ordinance or	5116
resolution published under this section prior to forwarding it to	5117
the clerk for publication, to ensure that the summary is legally	5118
accurate and sufficient.	5119

(C) Upon publication of a summary of an ordinance or	5120
resolution in accordance with this section, the clerk of the	5121
legislative authority shall supply a copy of the complete text of	5122
each such ordinance or resolution to any person, upon request, and	5123
may charge a reasonable fee, set by the legislative authority, for	5124
each copy supplied. The clerk shall post a copy of the text at ~~his~~	5125
the clerk's office and at every other location designated by the	5126
legislative authority.	5127

Sec. 731.211. In accordance with Section 9 of Article XVIII,	5128
Ohio Constitution, notice of proposed amendments to municipal	5129
charters shall be given in one of the following ways:	5130

(A) Not less than thirty days prior to the election at which	5131
the amendment is to be submitted to the electors, the clerk of the	5132
municipality shall mail a copy of the proposed charter amendment	5133
to each elector whose name appears upon the poll or registration	5134
books of the last regular or general election held therein.	5135

(B) The full text of the proposed charter amendment shall be	5136
published once a week for not less than two consecutive weeks in a	5137
newspaper ~~published~~of general circulation in the municipal	5138
corporation or as provided in section 7.16 of the Revised Code,	5139
with the first publication being at least fifteen days prior to	5140
the election at which the amendment is to be submitted to the	5141
electors. ~~If no newspaper is published in the municipal~~	5142
~~corporation, then such publication shall be made in a newspaper~~	5143
~~of general circulation within the municipal corporation.~~	5144

Sec. 731.22. The publication required in section 731.21 of	5145
the Revised Code shall be for the following times:	5146

(A) ~~Ordinances and resolutions, or summaries~~Summaries of	5147
ordinances or resolutions, and proclamations of elections, once a	5148
week for two consecutive weeks or as provided in section 7.16 of	5149
the Revised Code;	5150

(B) Notices, not less than two nor more than four consecutive	5151
weeks or as provided in section 7.16 of the Revised Code;	5152

5153

Sec. 731.23. When ordinances are revised, codified,	5154
rearranged, published in book form, and certified as correct by	5155
the clerk of the legislative authority of a municipal corporation	5156
and the mayor, such publication shall be a sufficient publication,	5157
and the ordinances so published, under appropriate titles,	5158
chapters, and sections, shall be held the same in law as though	5159
they had been published in a newspaper. A new ordinance so	5160
published in book form, a summary of which has not been published	5161
as required by sections 731.21 and 731.22 of the Revised Code, and	5162
which contains entirely new matter, shall be published as required	5163
by such sections. If such revision or codification is made by a	5164
municipal corporation and contains new matter, it shall be a	5165
sufficient publication of such codification, including the new	5166
matter, to publish, in the manner required by such sections, a	5167
notice of the enactment of such codifying ordinance, containing	5168
the title of the ordinance and a summary of the new matters	5169
covered by it. Such revision and codification may be made under	5170
appropriate titles, chapters, and sections and in one ordinance	5171
containing one or more subjects.	5172

Except as provided by this section, a succinct summary of all	5173
ordinances, including emergency ordinances, shall be published in	5174
accordance with section 731.21 of the Revised Code.	5175

Sec. 731.24. Immediately after the expiration of the period	5176
of publication ~~for ordinances or~~of summaries of ordinances	5177
required by section 731.22 of the Revised Code, the clerk of the	5178
legislative authority of a municipal corporation shall enter on	5179
the record of ordinances, in a blank to be left for such purpose	5180
under the recorded ordinance, a certificate stating in which	5181
newspaper and on what dates such publication was made, and shall	5182
sign ~~his~~the clerk's name thereto officially. Such certificate	5183
shall be prima-facie evidence that legal publication of the	5184
~~ordinance or~~ summary of the ordinance was made.	5185

Sec. 731.25. ~~Notwithstanding any conflicting provision of~~	5186
~~section 7.12 of the Revised Code, in~~In municipal corporations in	5187
which no newspaper is ~~published~~generally circulated, publication	5188
of ~~ordinances and resolutions, or~~ summaries of ordinances and	5189
resolutions, and publication of all statements, orders,	5190
proclamations, notices, and reports, required by law or ordinance	5191
to be published, shall be accomplished ~~in either of the following~~	5192
~~methods, as determined by the legislative authority:~~	5193

~~(A) By~~by posting copies in not less than five of the most	5194
public places in the municipal corporation, as determined by the	5195
legislative authority, for a period of not less than fifteen days	5196
prior to the effective date thereof;	5197

~~(B) By publication in any newspaper printed in this state and~~	5198
~~of general circulation in such municipal corporation~~.	5199

Notices to bidders for the construction of public	5200
improvements and notices of the sale of bonds shall be published	5201
in ~~not more than two newspapers, printed in this state and~~a	5202
newspaper of general circulation in such municipal corporation,	5203
for the time prescribed in section 731.22 of the Revised Code.	5204

Where such publication is by posting, the clerk shall make a	5205
certificate as to such posting, and as to the times when and the	5206
places where such posting is done, in the manner provided in	5207
section 731.24 of the Revised Code, and such certificate shall be	5208
prima-facie evidence that the copies were posted as required.	5209

Sec. 735.05. The director of public service may make any	5210
contract, purchase supplies or material, or provide labor for any	5211
work under the supervision of the department of public service	5212
involving not more than twenty-five thousand dollars. When an	5213
expenditure within the department, other than the compensation of	5214
persons employed in the department, exceeds twenty-five thousand	5215
dollars, the expenditure shall first be authorized and directed by	5216
ordinance of the city legislative authority. When so authorized	5217
and directed, except where the contract is for equipment,	5218
services, materials, or supplies to be purchased under division	5219
(D) of section 713.23 or section 125.04 or 5513.01 of the Revised	5220
Code or available from a qualified nonprofit agency pursuant to	5221
sections 4115.31 to 4115.35 of the Revised Code, the director	5222
shall make a written contract with the lowest and best bidder	5223
after advertisement for not less than two nor more than four	5224
consecutive weeks in a newspaper of general circulation within the	5225
city or as provided in section 7.16 of the Revised Code.	5226

Sec. 735.20. When a whole plan, or any portion thereof, as	5227
provided in section 735.19 of the Revised Code is completed, or	5228
when the location of any avenue, street, roadway, or alley has	5229
been finally determined by the platting commissioner of a city, a	5230
plat of the plan, avenue, street, roadway, or alley shall be	5231
placed in the office of the city engineer for the inspection of	5232
persons interested, and notice that it is ready for inspection	5233
shall be published in ~~one or more newspapers,~~a newspaper of	5234
general circulation within the city, for six consecutive weeks, or	5235
as provided in section 7.16 of the Revised Code.	5236

Sec. 737.32. Except as otherwise provided in this section	5237
and unless the property involved is required to be disposed of	5238
pursuant to another section of the Revised Code, property that is	5239
unclaimed for ninety days or more shall be sold by the chief of	5240
police of the municipal corporation, marshal of the village, or	5241
licensed auctioneer at public auction, after notice of the sale	5242
has been provided by publication once a week for three successive	5243
weeks in a newspaper of general circulation in the county or as	5244
provided in section 7.16 of the Revised Code. The proceeds of the	5245
sale shall be paid to the treasurer of the municipal corporation	5246
and shall be credited to the general fund of the municipal	5247
corporation.	5248

If authorized to do so by an ordinance adopted by the	5249
legislative authority of the municipal corporation and if the	5250
property involved is not required to be disposed of pursuant to	5251
another section of the Revised Code, the chief of police or	5252
marshal may contribute property that is unclaimed for ninety days	5253
or more to one or more public agencies, to one or more nonprofit	5254
organizations no part of the net income of which inures to the	5255
benefit of any private shareholder or individual and no	5256
substantial part of the activities of which consists of carrying	5257
on propaganda or otherwise attempting to influence legislation, or	5258
to one or more organizations satisfying section 501(c)(3) or	5259
(c)(19) of the Internal Revenue Code of 1986.	5260

Sec. 745.07. An ordinance passed pursuant to section 745.06	5261
of the Revised Code shall not take effect until submitted to the	5262
electors of the municipal corporation, at a special or general	5263
election held in the municipal corporation at such time as the	5264
legislative authority determines, and approved by a majority of	5265
the electors voting on it. The ordinance shall be passed by an	5266
affirmative vote of not less than a majority of the members of the	5267
legislative authority and shall be subject to the approval of the	5268
mayor as provided by law. The ordinance shall specify the form or	5269
phrasing of the question to be placed upon the ballot. Thirty	5270
days' notice of the election shall be given by publication once a	5271
week for two consecutive weeks in ~~two daily or weekly newspapers~~	5272
~~published or circulated~~a newspaper of general circulation in the	5273
municipal corporation ~~and, if~~or as provided in section 7.16 of	5274
the Revised Code. If the board of elections operates and	5275
maintains a web site, notice of the election also shall be posted	5276
on that web site for thirty days prior to the election. The notice	5277
shall contain the full form or phrasing of the question to be	5278
submitted. The clerk of the legislative authority shall certify	5279
the passage of the ordinance to the officers having control of	5280
elections in the municipal corporation, who shall cause the	5281
question to be voted on at the general or special election as	5282
specified in the ordinance.	5283

Sec. 747.05. The board of rapid transit commissioners shall	5284
have control of the expenditure of all moneys appropriated by the	5285
legislative authority of the city, received from the sale of bonds	5286
provided for in sections 747.01 to 747.13~~, inclusive,~~ of the	5287
Revised Code, or from any other source, for the purchase,	5288
construction, improvement, maintenance, equipment, or enjoyment of	5289
all such rapid transit property, but no liability shall be	5290
incurred or expenditure made unless the money required therefor is	5291
in the city treasury to the credit of the board of rapid transit	5292
commissioners' fund and not appropriated for any other purpose.	5293
Moneys to be derived from the sale of bonds, the issue of which	5294
has been authorized, shall be deemed to be in the treasury to the	5295
credit of such fund.	5296

All moneys expended for the construction and acquisition of	5297
parkways or boulevards, as authorized by such sections, shall be	5298
provided for partly by special appropriation or bond issue and	5299
partly by assessments, as specified in section 747.06 of the	5300
Revised Code, and such funds shall be separately accounted for,	5301
and such expenditure shall not be considered a part of the rapid	5302
transit expenditure authorized by this section. The board may let	5303
contracts for any part of the work to the lowest and best bidder	5304
after three weeks' advertisement in ~~two newspapers~~a newspaper of	5305
general circulation in the city or as provided in section 7.16 of	5306
the Revised Code.	5307

The board may reject any bid, and the proceedings for such	5308
contracts and payment therefor shall be the same as provided for	5309
the director of public service except the requirement of the	5310
approval of the board of control.	5311

Sec. 747.11. The board of rapid transit commissioners may	5312
grant to any corporation organized for street or interurban	5313
railway purposes the right to operate, by lease or otherwise, the	5314
depots, terminals, and railways mentioned in section 747.08 of the	5315
Revised Code upon such terms as the board is authorized by	5316
ordinance to agree upon with such corporation, subject to the	5317
approval of a majority of the electors of the city voting on the	5318
question.	5319

The board of rapid transit commissioners shall certify such	5320
lease or agreement to the board of elections, which shall then	5321
submit the question of the approval of such lease or agreement to	5322
the qualified electors of the city at either a special or general	5323
election as the ordinance specifies. Thirty days' notice of the	5324
election shall be given by publication in ~~one or more of the~~	5325
~~newspapers published~~a newspaper of general circulation in the	5326
city once a week for two consecutive weeks prior to the election,	5327
~~and, if~~or as provided in section 7.16 of the Revised Code. If the	5328
board of elections operates and maintains a web site, the board	5329
of elections shall post notice of the election for thirty days	5330
prior to the election on its web site. The notice shall set forth	5331
the terms of the lease or agreement and the time of holding the	5332
election. On the approval by a majority of the voters voting at	5333
the election, the corporation may operate such depots, terminals,	5334
and railways as provided in the lease or agreement, and	5335
corporations organized under the laws of this state for street or	5336
interurban railway purposes may lease and operate such depots,	5337
terminals, and railways.	5338

Sec. 747.12. Whenever the board of rapid transit	5339
commissioners of a city declares by resolution that real estate of	5340
the city acquired for rapid transit purposes is not needed for the	5341
proper conduct and maintenance of such rapid transit system, such	5342
real estate may be sold or leased by the board to the highest	5343
bidder after advertisement once a week for three consecutive weeks	5344
in a newspaper of general circulation within the city or as	5345
provided in section 7.16 of the Revised Code. The board may reject	5346
any bid and readvertise until all such property is sold or leased.	5347
When the board has twice so offered to sell or lease such	5348
property, and it is not sold or leased, the board may privately	5349
sell or lease it.	5350

Moneys arising from such sales or leases shall be deposited	5351
in the treasury of the city to the credit of the board of rapid	5352
transit commissioners' fund, and may be expended for the purchase,	5353
construction, improvement, maintenance, equipment, and enjoyment	5354
of the city's rapid transit property, as such board directs.	5355

Contracts, leases, deeds, bills of sale, or other instruments	5356
in writing pertaining to such sales or leases shall be executed on	5357
behalf of the city by the board, by its president and secretary.	5358

Sec. 755.41. When lands lying within the limits of a	5359
municipal corporation have been dedicated to or for the use of the	5360
public for parks or park lands, and where such lands have remained	5361
unimproved and unused by the public for a period of twenty-one	5362
years and there appears to be little or no possibility that such	5363
lands will be improved and used by the public, the legislative	5364
authority of a municipal corporation in which said lands are	5365
located may, by ordinance, declare such parks or park lands	5366
vacated upon the petition of a majority of the abutting	5367
freeholders. No such parks or park lands shall be vacated unless	5368
notice of the pendency and prayer of the petition is given, in a	5369
newspaper of general circulation in the municipal corporation in	5370
which such lands are situated for three consecutive weeks, or as	5371
provided in section 7.16 of the Revised Code, preceding action on	5372
such petition. No such lands shall be vacated prior to a public	5373
hearing had thereon.	5374

Sec. 755.42. Upon the vacation of parks or park lands as	5375
provided by section 755.41 of the Revised Code, the legislative	5376
authority of a municipal corporation shall offer such lands for	5377
sale at a public auction. No lands shall be sold until the	5378
legislative authority of such municipal corporation gives notice	5379
of intention to sell such lands. Such notice shall be published as	5380
provided in section 7.16 of the Revised Code or once a week for	5381
four consecutive weeks in a newspaper of general circulation in a	5382
municipal corporation in which the sale is to be had. The	5383
legislative authority of such municipal corporation or the board	5384
or officer having supervision or management of such real estate	5385
shall sell such lands to the highest and best bidder, provided	5386
that any and all bids made hereunder may be rejected.	5387

When such sale is made, the mayor or other officer of a	5388
municipal corporation in which sale is had and in which such lands	5389
are located, shall enter into a deed, conveying said lands to the	5390
purchaser thereof. At or after the time of sale, the auditor of	5391
the county shall place the lands sold hereunder on the tax	5392
duplicate of the county at a value to be established by ~~him~~the	5393
auditor as in cases where hethe auditor re-enters property which	5394
has been tax exempt on the taxable list of the county.	5395

The proceeds from the sale of lands sold pursuant to this	5396
section shall be placed in the general fund of the treasury of the	5397
municipal corporation in which such lands are located and may be	5398
disbursed as other general fund moneys.	5399

Sec. 755.43. When real estate ~~which~~that has been dedicated	5400
to or for the use of the public for parks or park lands is vacated	5401
by the legislative authority of a municipal corporation pursuant	5402
to section 755.41 of the Revised Code, and where reversionary	5403
interests have been set up in the event of the non-use of such	5404
lands for the dedicated purpose, such reversionary interests shall	5405
accelerate and vest in the holders thereof upon such vacation.	5406
Thereupon, the auditor of the county shall place the lands on the	5407
tax duplicate of the county in the names of such reversionaries as	5408
are known to and supplied by the legislative authority of the	5409
municipal corporation or the board or officer having supervision	5410
or management of such real estate. If the legislative authority of	5411
such board or officer is unable to furnish the names of such	5412
reversioners, the legislative authority of a municipal corporation	5413
shall fix a date on or before which claims to such real estate may	5414
be asserted and after which such real estate shall be sold. Notice	5415
shall be given of such date and of the sale to be held thereafter,	5416
as provided in section 7.16 of the Revised Code or once each week	5417
for four consecutive weeks in a newspaper of general circulation	5418
in the municipal corporation wherein such lands are located. In	5419
the event that no claims to such lands are asserted or found to be	5420
valid, the lands shall be sold pursuant to section 755.42 of the	5421
Revised Code, and the title of any holders of reversionary	5422
interests shall be extinguished.	5423

Nothing contained in sections 755.41, 755.42, or 755.43 of	5424
the Revised Code shall be construed as limiting any of the home	5425
rule powers conferred upon municipalities by Article XVIII of the	5426
Constitution of the State of Ohio.	5427

Sec. 759.47. Land belonging to a public cemetery and used	5428
for an approach thereto, and which is, in the judgment of a	5429
majority of the officers having control or management thereof,	5430
unnecessary for cemetery purposes, may be sold by them at public	5431
sale to the highest bidder after advertisement as provided in	5432
section 7.16 of the Revised Code or once a week for five	5433
consecutive weeks in a newspaper of general circulation within the	5434
county in which the cemetery is situated. The board of township	5435
trustees or board of cemetery trustees of a municipal corporation	5436
making such sale shall execute in the name of the township or	5437
municipal corporation owning such cemetery proper conveyances for	5438
the land so sold.	5439

Sec. 951.11. A person finding an animal at large in	5440
violation of section 951.01 or 951.02 of the Revised Code, may,	5441
and a law enforcement officer of a county, township, city, or	5442
village, on view or information, shall, take and confine such	5443
animal, forthwith giving notice thereof to the owner or keeper, if	5444
known, and, if not known, by publishing a notice describing such	5445
animal ~~at least~~ once in a newspaper of general circulation in the	5446
county, township, city, or village wherein the animal was found.	5447
If the owner or keeper does not appear and claim the animal and	5448
pay the compensation prescribed in section 951.13 of the Revised	5449
Code for so taking, advertising, and keeping it within ten days	5450
from the date of such notice, such person or the county shall have	5451
a lien therefor and the animal may be sold at public auction as	5452
provided in section 1311.49 of the Revised Code, and the residue	5453
of the proceeds of sale shall be paid and deposited by the	5454
treasurer in the general fund of the county.	5455

Sec. 1515.08. The supervisors of a soil and water	5456
conservation district have the following powers in addition to	5457
their other powers:	5458

(A) To conduct surveys, investigations, and research relating	5459
to the character of soil erosion, floodwater and sediment damages,	5460
and the preventive and control measures and works of improvement	5461
for flood prevention and the conservation, development,	5462
utilization, and disposal of water needed within the district, and	5463
to publish the results of those surveys, investigations, or	5464
research, provided that no district shall initiate any research	5465
program except in cooperation or after consultation with the Ohio	5466
agricultural research and development center;	5467

(B) To develop plans for the conservation of soil resources,	5468
for the control and prevention of soil erosion, and for works of	5469
improvement for flood prevention and the conservation,	5470
development, utilization, and disposal of water within the	5471
district, and to publish those plans and information;	5472

(C) To implement, construct, repair, maintain, and operate	5473
preventive and control measures and other works of improvement for	5474
natural resource conservation and development and flood	5475
prevention, and the conservation, development, utilization, and	5476
disposal of water within the district on lands owned or controlled	5477
by this state or any of its agencies and on any other lands within	5478
the district, which works may include any facilities authorized	5479
under state or federal programs, and to acquire, by purchase or	5480
gift, to hold, encumber, or dispose of, and to lease real and	5481
personal property or interests in such property for those	5482
purposes;	5483

(D) To cooperate or enter into agreements with any occupier	5484
of lands within the district in the carrying on of natural	5485
resource conservation operations and works of improvement for	5486
flood prevention and the conservation, development, utilization,	5487
and management of natural resources within the district, subject	5488
to such conditions as the supervisors consider necessary;	5489

(E) To accept donations, gifts, grants, and contributions in	5490
money, service, materials, or otherwise, and to use or expend them	5491
according to their terms;	5492

(F) To adopt, amend, and rescind rules to carry into effect	5493
the purposes and powers of the district;	5494

(G) To sue and plead in the name of the district, and be sued	5495
and impleaded in the name of the district, with respect to its	5496
contracts and, as indicated in section 1515.081 of the Revised	5497
Code, certain torts of its officers, employees, or agents acting	5498
within the scope of their employment or official responsibilities,	5499
or with respect to the enforcement of its obligations and	5500
covenants made under this chapter;	5501

(H) To make and enter into all contracts, leases, and	5502
agreements and execute all instruments necessary or incidental to	5503
the performance of the duties and the execution of the powers of	5504
the district under this chapter, provided that all of the	5505
following apply:	5506

(1) Except as provided in section 307.86 of the Revised Code	5507
regarding expenditures by boards of county commissioners, when the	5508
cost under any such contract, lease, or agreement, other than	5509
compensation for personal services or rental of office space,	5510
involves an expenditure of more than the amount established in	5511
that section regarding expenditures by boards of county	5512
commissioners, the supervisors shall make a written contract with	5513
the lowest and best bidder after advertisement, for not less than	5514
two nor more than four consecutive weeks preceding the day of the	5515
opening of bids, in a newspaper of general circulation within the	5516
district or as provided in section 7.16 of the Revised Code, and	5517
in such other publications as the supervisors determine. The	5518
notice shall state the general character of the work and materials	5519
to be furnished, the place where plans and specifications may be	5520
examined, and the time and place of receiving bids.	5521

(2) Each bid for a contract shall contain the full name of	5522
every person interested in it.	5523

(3) Each bid for a contract for the construction, demolition,	5524
alteration, repair, or reconstruction of an improvement shall meet	5525
the requirements of section 153.54 of the Revised Code.	5526

(4) Each bid for a contract, other than a contract for the	5527
construction, demolition, alteration, repair, or reconstruction of	5528
an improvement, at the discretion of the supervisors, may be	5529
accompanied by a bond or certified check on a solvent bank in an	5530
amount not to exceed five per cent of the bid, conditioned that,	5531
if the bid is accepted, a contract shall be entered into.	5532

(5) The supervisors may reject any and all bids.

5533

(I) To make agreements with the department of natural	5534
resources giving it control over lands of the district for the	5535
purpose of construction of improvements by the department under	5536
section 1501.011 of the Revised Code;	5537

(J) To charge, alter, and collect rentals and other charges	5538
for the use or services of any works of the district;	5539

(K) To enter, either in person or by designated	5540
representatives, upon lands, private or public, in the necessary	5541
discharge of their duties;	5542

(L) To enter into agreements or contracts with the department	5543
for the determination, implementation, inspection, and funding of	5544
agricultural pollution abatement and urban sediment pollution	5545
abatement measures whereby landowners, operators, managers, and	5546
developers may meet adopted state standards for a quality	5547
environment, except that failure of a district board of	5548
supervisors to negotiate an agreement or contract with the	5549
department shall authorize the division of soil and water	5550
conservation to implement the required program;	5551

(M) To conduct demonstrations and provide information to the	5552
public regarding practices and methods for natural resource	5553
conservation, development, and utilization;	5554

(N) Until June 1, 1996, to conduct surveys and investigations	5555
relating to the incidence of the multiflora rose within the	5556
district and of the nature and extent of the adverse effects of	5557
the multiflora rose on agriculture, forestry, recreation, and	5558
other beneficial land uses;	5559

(O) Until June 1, 1996, to develop plans for the control of	5560
the multiflora rose within the district and to publish those plans	5561
and information related to control of the multiflora rose;	5562

(P) Until June 1, 1996, to enter into contracts or agreements	5563
with the chief of the division of soil and water conservation to	5564
implement and administer a program for control of the multiflora	5565
rose and to receive and expend funds provided by the chief for	5566
that purpose;	5567

(Q) Until June 1, 1996, to enter into cost-sharing agreements	5568
with landowners for control of the multiflora rose. Before	5569
entering into any such agreement, the board of supervisors shall	5570
determine that the landowner's application meets the eligibility	5571
criteria established under division (E)(6) of section 1511.02 of	5572
the Revised Code. The cost-sharing agreements shall contain the	5573
contract provisions required by the rules adopted under that	5574
division and such other provisions as the board of supervisors	5575
considers appropriate to ensure effective control of the	5576
multiflora rose.	5577

(R) To enter into contracts or agreements with the chief to	5578
implement and administer a program for urban sediment pollution	5579
abatement and to receive and expend moneys provided by the chief	5580
for that purpose;	5581

(S) To develop operation and management plans, as defined in	5582
section 1511.01 of the Revised Code, as necessary;	5583

(T) To determine whether operation and management plans	5584
developed under division (A) of section 1511.021 of the Revised	5585
Code comply with the standards established under division (E)(1)	5586
of section 1511.02 of the Revised Code and to approve or	5587
disapprove the plans, based on such compliance. If an operation	5588
and management plan is disapproved, the board shall provide a	5589
written explanation to the person who submitted the plan. The	5590
person may appeal the plan disapproval to the chief, who shall	5591
afford the person a hearing. Following the hearing, the chief	5592
shall uphold the plan disapproval or reverse it. If the chief	5593
reverses the plan disapproval, the plan shall be deemed approved	5594
under this division. In the event that any person operating or	5595
owning agricultural land or a concentrated animal feeding	5596
operation in accordance with an approved operation and management	5597
plan who, in good faith, is following that plan, causes	5598
agricultural pollution, the plan shall be revised in a fashion	5599
necessary to mitigate the agricultural pollution, as determined	5600
and approved by the board of supervisors of the soil and water	5601
conservation district.	5602

(U) With regard to composting conducted in conjunction with	5603
agricultural operations, to do all of the following:	5604

(1) Upon request or upon their own initiative, inspect	5605
composting at any such operation to determine whether the	5606
composting is being conducted in accordance with section 1511.022	5607
of the Revised Code;	5608

(2) If the board determines that composting is not being so	5609
conducted, request the chief to issue an order under division (G)	5610
of section 1511.02 of the Revised Code requiring the person who is	5611
conducting the composting to prepare a composting plan in	5612
accordance with rules adopted under division (E)(10)(c) of that	5613
section and to operate in accordance with that plan or to operate	5614
in accordance with a previously prepared plan, as applicable;	5615

(3) In accordance with rules adopted under division	5616
(E)(10)(c) of section 1511.02 of the Revised Code, review and	5617
approve or disapprove any such composting plan. If a plan is	5618
disapproved, the board shall provide a written explanation to the	5619
person who submitted the plan.	5620

As used in division (U) of this section, "composting" has the	5621
same meaning as in section 1511.01 of the Revised Code.	5622

(V) With regard to conservation activities that are conducted	5623
in conjunction with agricultural operations, to assist the county	5624
auditor, upon request, in determining whether a conservation	5625
activity is a conservation practice for purposes of Chapter 929.	5626
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	5627

As used in this division, "conservation practice" has the	5628
same meaning as in section 5713.30 of the Revised Code.	5629

(W) To do all acts necessary or proper to carry out the	5630
powers granted in this chapter.	5631

The director of natural resources shall make recommendations	5632
to reduce the adverse environmental effects of each project that a	5633
soil and water conservation district plans to undertake under	5634
division (A), (B), (C), or (D) of this section and that will be	5635
funded in whole or in part by moneys authorized under section	5636
1515.16 of the Revised Code and shall disapprove any such project	5637
that the director finds will adversely affect the environment	5638
without equal or greater benefit to the public. The director's	5639
disapproval or recommendations, upon the request of the district	5640
filed in accordance with rules adopted by the Ohio soil and water	5641
conservation commission, shall be reviewed by the commission,	5642
which may confirm the director's decision, modify it, or add	5643
recommendations to or approve a project the director has	5644
disapproved.	5645

Any instrument by which real property is acquired pursuant to	5646
this section shall identify the agency of the state that has the	5647
use and benefit of the real property as specified in section	5648
5301.012 of the Revised Code.	5649

Sec. 1515.24. (A) Following receipt of a certification made	5650
by the supervisors of a soil and water conservation district	5651
pursuant to section 1515.19 of the Revised Code together with	5652
receipt of all plans, specifications, and estimates submitted	5653
under that section and upon completion of a schedule of estimated	5654
assessments in accordance with section 1515.211 of the Revised	5655
Code, the board of county commissioners may adopt a resolution	5656
levying upon the property within the project area an assessment at	5657
a uniform or varied rate based upon the benefit to the area	5658
certified by the supervisors, as necessary to pay the cost of	5659
construction of the improvement not otherwise funded and to repay	5660
advances made for purposes of the improvement from the fund	5661
created by section 1515.15 of the Revised Code. The board of	5662
county commissioners shall direct the person or authority	5663
preparing assessments to give primary consideration, in	5664
determining a parcel's estimated assessments relating to the	5665
disposal of water, to the potential increase in productivity that	5666
the parcel may experience as a result of the improvement and also	5667
to give consideration to the amount of water disposed of, the	5668
location of the property relative to the project, the value of the	5669
project to the watershed, and benefits. The part of the assessment	5670
that is found to benefit state, county, or township roads or	5671
highways or municipal streets shall be assessed against the state,	5672
county, township, or municipal corporation, respectively, payable	5673
from motor vehicle revenues. The part of the assessment that is	5674
found to benefit property owned by any public corporation, any	5675
political subdivision of the state, or the state shall be assessed	5676
against the public corporation, the political subdivision, or the	5677
state and shall be paid out of the general funds or motor vehicle	5678
revenues of the public corporation, the political subdivision of	5679
the state, or the state, except as otherwise provided by law.	5680

(B) The assessment shall be certified to the county auditor	5681
and by the county auditor to the county treasurer. The collection	5682
of the assessment shall conform in all matters to Chapter 323. of	5683
the Revised Code.	5684

(C) Any land owned and managed by the department of natural	5685
resources for wildlife, recreation, nature preserve, or forestry	5686
purposes is exempt from assessments if the director of natural	5687
resources determines that the land derives no benefit from the	5688
improvement. In making such a determination, the director shall	5689
consider the purposes for which the land is owned and managed and	5690
any relevant articles of dedication or existing management plans	5691
for the land. If the director determines that the land derives no	5692
benefit from the improvement, the director shall notify the board	5693
of county commissioners, within thirty days after receiving the	5694
assessment notification required by this section, indicating that	5695
the director has determined that the land is to be exempt and	5696
explaining the specific reason for making this determination. The	5697
board of county commissioners, within thirty days after receiving	5698
the director's exemption notification, may appeal the	5699
determination to the court of common pleas. If the court of common	5700
pleas finds in favor of the board of county commissioners, the	5701
department of natural resources shall pay all court costs and	5702
legal fees.	5703

(D)(1) The board shall give notice by first class mail to	5704
every public and private property owner whose property is subject	5705
to assessment, at the tax mailing or other known address of the	5706
owner. The notice shall contain a statement of the amount to be	5707
assessed against the property of the addressee, a description of	5708
the method used to determine the necessity for and the amount of	5709
the proposed assessment, a description of any easement on the	5710
property that is necessary for purposes of the improvement, and a	5711
statement that the addressee may file an objection in writing at	5712
the office of the board of county commissioners within thirty days	5713
after the mailing of notice. If the residence of any owner cannot	5714
be ascertained, or if any mailed notice is returned undelivered,	5715
the board shall publish the notice to all such owners in a	5716
newspaper of general circulation within the project area, ~~at least~~	5717
once each week for three weeks~~, which~~or as provided in section	5718
7.16 of the Revised Code. The notice shall include the information	5719
contained in the mailed notice, but shall state that the owner may	5720
file an objection in writing at the office of the board of county	5721
commissioners within thirty days after the last publication of the	5722
notice.	5723

(2) Upon receipt of objections as provided in this section,	5724
the board shall proceed within thirty days to hold a final hearing	5725
on the objections by fixing a date and giving notice by first	5726
class mail to the objectors at the address provided in filing the	5727
objection. If any mailed notice is returned undelivered, the board	5728
shall give due notice to the objectors in a newspaper of general	5729
circulation in the project area or as provided in section 7.16 of	5730
the Revised Code, stating the time, place, and purpose of the	5731
hearing. Upon hearing the objectors, the board may adopt a	5732
resolution amending and approving the final schedule of	5733
assessments and shall enter it in the journal.	5734

(3) Any owner whose objection is not allowed may appeal	5735
within thirty days to the court of common pleas of the county in	5736
which the property is located.	5737

(4) The board of county commissioners shall make an order	5738
approving the levying of the assessment and shall proceed under	5739
section 6131.23 of the Revised Code after one of the following has	5740
occurred, as applicable:	5741

(a) Final notice is provided by mail or publication.

5742

(b) The imposition of assessments is upheld in the final	5743
disposition of an appeal that is filed pursuant to division (D)(3)	5744
of this section.	5745

(c) The resolution levying the assessments is approved in a	5746
referendum that is held pursuant to section 305.31 of the Revised	5747
Code.	5748

(5) The county treasurer shall deposit the proceeds of the	5749
assessment in the fund designated by the board and shall report to	5750
the county auditor the amount of money from the assessment that is	5751
collected by the treasurer. Moneys shall be expended from the fund	5752
for purposes of the improvement.	5753

(E) Any moneys collected in excess of the amount needed for	5754
construction of the improvement and the subsequent first year's	5755
maintenance may be maintained in a fund to be used for maintenance	5756
of the improvement. In any year subsequent to a year in which an	5757
assessment for construction of an improvement levied under this	5758
section has been collected, and upon determination by the board of	5759
county commissioners that funds are not otherwise available for	5760
maintenance or repair of the improvement, the board shall levy on	5761
the property within the project area an assessment for maintenance	5762
at a uniform percentage of all construction costs based upon the	5763
assessment schedule used in determining the construction	5764
assessment. The assessment is not subject to the provisions	5765
concerning notice and petition contained in this section. An	5766
assessment for maintenance shall not be levied in any year in	5767
which the unencumbered balance of funds available for maintenance	5768
of the improvement exceeds twenty per cent of the cost of	5769
construction of the improvement, except that the board may adjust	5770
the level of assessment within the twenty per cent limitation, or	5771
suspend temporarily the levying of an assessment, for maintenance	5772
purposes as maintenance funds are needed.	5773

For the purpose of levying an assessment for maintenance of	5774
an improvement, a board may use the procedures established in	5775
Chapter 6137. of the Revised Code regarding maintenance of	5776
improvements as defined in section 6131.01 of the Revised Code in	5777
lieu of using the procedures established under this section.	5778

(F) The board of county commissioners may issue bonds and	5779
notes as authorized by section 131.23 or 133.17 of the Revised	5780
Code.	5781

Sec. 1545.09. (A) The board of park commissioners shall	5782
adopt such bylaws and rules as the board considers advisable for	5783
the preservation of good order within and adjacent to parks and	5784
reservations of land, and for the protection and preservation of	5785
the parks, parkways, and other reservations of land under its	5786
jurisdiction and control and of property and natural life therein.	5787
The board shall also adopt bylaws or rules establishing a	5788
procedure for contracting for professional, technical, consulting,	5789
and other special services. Any competitive bidding procedures of	5790
the board do not apply to the purchase of benefits for park	5791
district officers or employees when such benefits are provided	5792
through a health and welfare trust fund administered through or in	5793
conjunction with a collective bargaining representative of the	5794
park district employees, as authorized in section 1545.071 of the	5795
Revised Code. ~~The~~Summaries of the bylaws and rules shall be	5796
published as provided in the case of ordinances of municipal	5797
corporations under section 731.21 of the Revised Code before	5798
taking effect.	5799

(B)(1) As used in division (B)(2) of this section, "similar	5800
violation under state law" means a violation of any section of the	5801
Revised Code, other than division (C) of this section, that is	5802
similar to a violation of a bylaw or rule adopted under division	5803
(A) of this section.	5804

(2) The board of park commissioners may adopt by bylaw a	5805
penalty for a violation of any bylaw or rule adopted under	5806
division (A) of this section, and any penalty so adopted shall not	5807
exceed in severity whichever of the following is applicable:	5808

(a) The penalty designated under the Revised Code for a	5809
violation of the state law that is similar to the bylaw or rule	5810
for which the board adopted the penalty;	5811

(b) For a violation of a bylaw or rule adopted under division	5812
(A) of this section for which the similar violation under state	5813
law does not bear a penalty or for which there is no similar	5814
violation under state law, a fine of not more than one hundred	5815
fifty dollars for a first offense and not more than one thousand	5816
dollars for each subsequent offense.	5817

(3) ~~Any~~A summary of any bylaw adopted under division (B)(2)	5818
of this section shall be published as provided in the case of	5819
ordinances of municipal corporations under section 731.21 of the	5820
Revised Code before taking effect.	5821

(C) No person shall violate any bylaws or rules adopted	5822
under division (A) of this section. All fines collected for any	5823
violation of this section shall be paid into the treasury of such	5824
park board.	5825

Sec. 1545.12. (A) Except as provided in division (B) of this	5826
section, if the board of park commissioners finds that any lands	5827
that it has acquired are not necessary for the purposes for which	5828
they were acquired by the board, it may sell and dispose of the	5829
lands upon terms the board considers advisable. The board also may	5830
lease or permit the use of any lands for purposes not inconsistent	5831
with the purposes for which the lands were acquired, and upon	5832
terms the board considers advisable. No lands shall be sold	5833
pursuant to this division without first giving notice of the	5834
board's intention to sell the lands by publication once a week for	5835
four consecutive weeks in ~~not less than two English newspapers~~a	5836
newspaper of general circulation in the district or as provided in	5837
section 7.16 of the Revised Code. The notice shall contain an	5838
accurate description of the lands and shall state the time and	5839
place at which sealed bids will be received for the purchase of	5840
the lands, and the lands shall not thereafter be sold at private	5841
sale for less than the best and highest bid received without	5842
giving further notice as specified in this division.	5843

(B)(1) After compliance with division (B)(2) of this section,	5844
the board of park commissioners may sell land upon terms the board	5845
considers advisable to any park district established under section	5846
511.18 or Chapter 1545. of the Revised Code, any political	5847
subdivision of the state, the state or any department or agency of	5848
the state, or any department or agency of the federal government	5849
for conservation uses or for park or recreation purposes without	5850
the necessity of having to comply with division (A) of this	5851
section.	5852

(2) Before the board of park commissioners may sell land	5853
under division (B)(1) of this section, the board shall offer the	5854
land for sale to each of the following public agencies that is	5855
authorized to acquire, develop, and maintain land for conservation	5856
uses or for park or recreation purposes: each park district	5857
established under section 511.18 or Chapter 1545. of the Revised	5858
Code or political subdivision in which the land is located, each	5859
park district that is so established and that adjoins or each	5860
political subdivision that adjoins a park district so established	5861
or political subdivision in which the land is located, and each	5862
agency or department of the state or of the federal government	5863
that operates parks or conservation or recreation areas near the	5864
land. The board shall make the offer by giving a written notice	5865
that the land is available for sale, by first class mail, to these	5866
public agencies. A failure of delivery of the written notice to	5867
any of these public agencies does not invalidate any proceedings	5868
for the sale of land under this division. Any public agency that	5869
is so notified and that wishes to purchase the land shall make an	5870
offer to the board in writing not later than sixty days after	5871
receiving the written notice.	5872

If there is only one offer to purchase the land made in that	5873
sixty-day period, the board need not hold a public hearing on the	5874
offer. The board shall accept the offer only if it determines that	5875
acceptance of the offer will result in the best public use of the	5876
land.	5877

If there is more than one offer to purchase the land made in	5878
that sixty-day period, the board shall not accept any offer until	5879
the board holds a public hearing on the offers. If, after the	5880
hearing, the board decides to accept an offer, it shall accept the	5881
offer that it determines will result in the best public use of the	5882
land.	5883

(C) No lands shall be sold under this section at either	5884
public or private sale without the approval of the probate court	5885
of the county in which the lands are situated.	5886

Sec. 1547.302. (A) Unclaimed vessels or outboard motors	5887
ordered into storage under division (B) of section 1547.30 or	5888
section 1547.301 of the Revised Code shall be disposed of at the	5889
order of the sheriff of the county, the chief of police of the	5890
municipal corporation, township, or township police district, or	5891
another chief of a law enforcement agency in any of the following	5892
ways:	5893

(1) To a marine salvage dealer;

5894

(2) To any other facility owned, operated, or under contract	5895
with the state or the county, municipal corporation, township, or	5896
other political subdivision;	5897

(3) To a charitable organization, religious organization, or	5898
similar organization not used and operated for profit;	5899

(4) By sale at public auction by the sheriff, the chief, or	5900
an auctioneer licensed under Chapter 4707. of the Revised Code,	5901
after giving notice of the auction by advertisement, published	5902
once a week for two consecutive weeks in a newspaper of general	5903
circulation in the county or as provided in section 7.16 of the	5904
Revised Code.	5905

(B) Any moneys accruing from the disposition of an unclaimed	5906
vessel or motor that are in excess of the expenses resulting from	5907
the removal and storage of the vessel or motor shall be credited	5908
to the general revenue fund or to the general fund of the county,	5909
municipal corporation, township, or other political subdivision,	5910
as appropriate.	5911

(C) As used in this section, "charitable organization" has	5912
the same meaning as in section 1716.01 of the Revised Code.	5913

Sec. 1711.05. Every county agricultural society annually	5914
shall publish an abstract of its treasurer's account in a	5915
newspaper of general circulation in the county and make a report	5916
of its proceedings during the year. It shall also make, in	5917
accordance with the rules of the department of agriculture, a	5918
synopsis of its awards for improvement in agriculture and in	5919
household manufactures and forward such synopsis to the director	5920
of agriculture at or before the annual meeting of the directors of	5921
the society with the director of agriculture, as provided for in	5922
section 901.06 of the Revised Code. No payment after such date	5923
shall be made from the county treasury to such society unless a	5924
certificate from the director is presented to the county auditor	5925
showing that such reports have been made.	5926

Sec. 1711.07. The board of directors of a county or	5927
independent agricultural society shall consist of at least eight	5928
members. An employee of the Ohio state university extension	5929
service and the county school superintendent shall be members ex	5930
officio. Their terms of office shall be determined by the rules of	5931
the department of agriculture. Any vacancy in the board caused by	5932
death, resignation, refusal to qualify, removal from county, or	5933
other cause may be filled by the board until the society's next	5934
annual election, when a director shall be elected for the	5935
unexpired term. There shall be an annual election of directors by	5936
ballot at a time and a place fixed by the board, but this election	5937
shall not be held later than the first Saturday in December 1994,	5938
and not later than the fifteenth day of November each year	5939
thereafter, beginning in 1995. The secretary of the society shall	5940
give notice of such election, for three weeks prior to the holding	5941
thereof, in ~~at least two newspapers~~a newspaper of ~~opposite~~	5942
~~politics and of~~ general circulation in the county or as provided	5943
in section 7.16 of the Revised Code, or by letter mailed to each	5944
member of the society. Only persons holding membership	5945
certificates at the close of the annual county fair, or at least	5946
fifteen calendar days before the date of election, as may be	5947
fixed by the board, may vote, unless such election is held on the	5948
fairground during the fair, in which case all persons holding	5949
membership certificates on the date and hour of the election may	5950
vote. When the election is to be held during the fair, notice of	5951
such election must be prominently mentioned in the premium list,	5952
in addition to the notice required in ~~newspapers~~a newspaper. The	5953
terms of office of the retiring directors shall expire, and those	5954
of the directors-elect shall begin, not later than the first	5955
Saturday in January 1995, and not later than the thirtieth day of	5956
November each year thereafter, beginning in 1995.	5957

The secretary of such society shall send the name and address	5958
of each member of its board to the director of agriculture within	5959
ten days after the election.	5960

Sec. 1711.18. In a county in which there is a county	5961
agricultural society indebted fifteen thousand dollars or more,	5962
and such society has purchased a fairground or title to such	5963
fairground is vested in fee in the county, the board of county	5964
commissioners, upon the presentation of a petition signed by not	5965
less than five hundred resident electors of the county praying for	5966
the submission to the electors of the county of the question	5967
whether or not county bonds shall be issued and sold to liquidate	5968
such indebtedness, shall, by resolution within ten days	5969
thereafter, fix a date, which shall be within thirty days, upon	5970
which the question of issuing and selling such bonds, in the	5971
necessary amount and denomination, shall be submitted to the	5972
electors of the county. The board also shall cause a copy of such	5973
resolution to be certified to the county board of elections and	5974
such board of elections, within ten days after such certification,	5975
shall proceed to make the necessary arrangements for the	5976
submission of such question to such electors at the time fixed by	5977
such resolution.	5978

Such election shall be held at the regular places of voting	5979
in the county and shall be conducted, canvassed, and certified,	5980
except as otherwise provided by law, as are elections of county	5981
officers. The county board of elections must give fifteen days'	5982
notice of such submission by publication in ~~one or more newspapers~~	5983
~~published~~a newspaper of general circulation in the county once a	5984
week for two consecutive weeks or as provided in section 7.16 of	5985
the Revised Code, stating the amount of bonds to be issued, the	5986
purpose for which they are to be issued, and the time and places	5987
of holding such election. Those who vote in favor of the	5988
proposition shall have written or printed on their ballots "for	5989
the issue of bonds" and those who vote against it shall have	5990
written or printed on their ballots "against the issue of bonds."	5991
If a majority of those voting upon the question of issuing the	5992
bonds vote in favor thereof, then and only then shall they be	5993
issued and the tax provided for in section 1711.20 of the Revised	5994
Code be levied.	5995

Sec. 1711.30. Before issuing bonds under section 1711.28 of	5996
the Revised Code, the board of county commissioners, by	5997
resolution, shall submit to the qualified electors of the county	5998
at the next general election for county officers, held not less	5999
than thirty days after receiving from the county agricultural	6000
society the notice provided for in section 1711.25 of the Revised	6001
Code, the question of issuing and selling such bonds in such	6002
amount and denomination as are necessary for the purpose in view,	6003
and shall certify a copy of such resolution to the county board of	6004
elections.	6005

The county board of elections shall place the question of	6006
issuing and selling such bonds upon the ballot and make all other	6007
necessary arrangements for the submission, at the time fixed by	6008
such resolution, of such question to such electors. The votes cast	6009
at such election upon such question must be counted, canvassed,	6010
and certified in the same manner, except as provided by law, as	6011
votes cast for county officers. Fifteen days' notice of such	6012
submission shall be given by the county board of elections, by	6013
publication once a week for two consecutive weeks in ~~two or more~~	6014
~~newspapers published~~a newspaper of general circulation in the	6015
county or as provided in section 7.16 of the Revised Code, stating	6016
the amount of bonds to be issued, the purpose for which they are	6017
to be issued, and the time and places of holding such election.	6018
Such question must be stated on the ballot as follows: "For the	6019
issue of county fair bonds, yes"; "For the issue of county fair	6020
bonds, no." If the majority of those voting upon the question of	6021
issuing the bonds vote in favor thereof, then and only then shall	6022
they be issued and the tax provided for in section 1711.29 of the	6023
Revised Code be levied.	6024

Sec. 1728.06. Every community urban redevelopment	6025
corporation qualifying under this chapter, before proceeding with	6026
any project authorized in this chapter, shall make written	6027
application to the municipal corporation for approval thereof. The	6028
application shall be in such form and shall certify to such facts	6029
and data as shall be required by the municipal corporation, and	6030
may include but not be limited to:	6031

(A) A general statement of the nature of the proposed	6032
project, that the undertaking conforms to all applicable municipal	6033
ordinances, that its completion will meet an existing need, and	6034
that the project accords with the master plan or official map, if	6035
any, of the municipal corporation;	6036

(B) A description of the proposed project outlining the area	6037
included and a description of each unit thereof if the project is	6038
to be undertaken in units and setting out such architectural and	6039
site plans as may be required;	6040

(C) A statement of the estimated cost of the proposed project	6041
in such detail as may be required, including the estimated cost of	6042
each unit if it is to be so undertaken;	6043

(D) The source, method, and amount of money to be subscribed	6044
through the investment of private capital, setting forth the	6045
amount of stock or other securities to be issued therefor;	6046

(E) A fiscal plan for the project outlining a schedule of	6047
rents, the estimated expenditures for operation and maintenance,	6048
payments for interest, amortization of debt and reserves, and	6049
payments to the municipal corporation to be made pursuant to a	6050
financial agreement to be entered into with the municipal	6051
corporation;	6052

(F) A relocation plan providing for the relocation of	6053
persons, including families, business concerns, and others,	6054
displaced by the project, which relocation plan shall include, but	6055
not be limited to, the proposed method for the relocation of	6056
residents who will be displaced from their dwelling accommodations	6057
in decent, safe, and sanitary dwelling accommodations within their	6058
means, or with provision for adjustment payments to bring such	6059
accommodations within their means, and without undue hardship, and	6060
reasonable moving costs;	6061

(G) The names and tax mailing addresses, as determined from	6062
the records of the county auditor not more than five days prior to	6063
the submission of the application to the mayor of the municipal	6064
corporation, of the owners of all property which the corporation	6065
proposes in its application to acquire.	6066

Such application shall be addressed and submitted to the	6067
mayor of the municipal corporation, who shall, within sixty days	6068
after receipt thereof, submit it with ~~his~~the mayor's	6069
recommendations to the governing body. The application shall be a	6070
matter of public record upon receipt by the mayor.	6071

The governing body shall by notice published once a week for	6072
two consecutive weeks in a newspaper of general circulation in the	6073
municipal corporation or as provided in section 7.16 of the	6074
Revised Code, by written notice, by certified mail or personal	6075
service, to the owners of property which the corporation proposes	6076
in its application to purchase at the tax mailing address as set	6077
forth in the corporation's application, by the putting up of signs	6078
in at least five places within the area covered by the	6079
application, and by giving written notice, by certified mail or	6080
personal service, to community organizations known by the clerk of	6081
the governing body to represent a substantial number of the	6082
residents of the area covered by the application, advise that the	6083
application is on file in the office of the clerk of the governing	6084
body of the municipal corporation and is available for inspection	6085
by the general public during business hours and advise that a	6086
public hearing shall be held thereon, stating the place and time	6087
of the public hearing, which time shall be not less than fourteen	6088
days after the first publication, or after sending the mailed	6089
notice, or after the putting up of the signs, whichever is later.	6090

Following the public hearing and after complying with section	6091
5709.83 of the Revised Code, the governing body, taking into	6092
consideration the financial impact on the community, shall by	6093
resolution approve or disapprove the application, approval to be	6094
by an affirmative vote of not less than three-fifths of the	6095
governing body, but in the event of disapproval, changes may be	6096
suggested to secure its approval.	6097

An application may be revised or resubmitted in the same	6098
manner and subject to the same procedures as an original	6099
application. The clerk of the governing body shall diligently	6100
discharge the duties imposed on the clerk by this division,	6101
provided failure of the clerk to send written notices to all	6102
community organizations, in a good faith effort by the clerk to	6103
give the required notice, shall not invalidate any proceedings	6104
under this chapter. The failure of delivery of notice given by	6105
certified mail under this division shall not invalidate any	6106
proceedings under this chapter.	6107

Sec. 2105.09. (A) The county auditor, unless hethe auditor	6108
acts pursuant to division (C) of this section, shall take	6109
possession of real property escheated to the state that is located	6110
in ~~his~~the auditor's county and outside the incorporated area of a	6111
city. The auditor shall take possession in the name of the state	6112
and sell the property at public auction, at the county seat of the	6113
county, to the highest bidder, after having given thirty days'	6114
notice of the intended sale in a newspaper ~~published within~~of	6115
general circulation in the county or as provided in section 7.16	6116
of the Revised Code.	6117

On the application of the auditor, the court of common pleas	6118
shall appoint three disinterested freeholders of the county to	6119
appraise the real property. The freeholders shall be governed by	6120
the same rule as appraisers in sheriffs' or administrators' sales.	6121
The auditor shall sell the property at not less than two thirds of	6122
its appraised value and may sell it for cash, or for one-third	6123
cash and the balance in equal annual payments, the deferred	6124
payments to be amply secured. Upon payment of the whole	6125
consideration, the auditor shall execute a deed to the purchaser,	6126
in the name and on behalf of the state. The proceeds of the sale	6127
shall be paid by the auditor to the county treasurer.	6128

If there is a regularly organized agricultural society within	6129
the county, the treasurer shall pay the greater of six hundred	6130
dollars or five per cent of the proceeds, in any case, to the	6131
society. The excess of the proceeds, or the whole thereof if there	6132
is no regularly organized agricultural society within the county,	6133
shall be distributed as follows:	6134

(1) Twenty-five per cent shall be paid equally to the	6135
townships of the county;	6136

(2) Seventy per cent shall be paid into the state treasury to	6137
the credit of the agro Ohio fund created under section 901.04 of	6138
the Revised Code;	6139

(3) Five per cent shall be credited to the county general	6140
fund for such lawful purposes as the board of county commissioners	6141
provides.	6142

(B) The legislative authority of a city within which are	6143
lands escheated to the state, unless it acts pursuant to division	6144
(C) of this section, shall take possession of the lands for the	6145
city, and the title to the lands shall vest in the city. The city	6146
shall use the premises primarily for health, welfare, or	6147
recreational purposes, or may lease them at such prices and for	6148
such purposes as it considers proper. With the approval of the tax	6149
commissioner, the city may sell the lands or any undivided	6150
interest in the lands, in the same manner as is provided in the	6151
sale of land not needed for any municipal purposes; provided, that	6152
the net proceeds from the rent or sale of the premises shall be	6153
devoted to health, welfare, or recreational purposes.	6154

(C) As an alternative to the procedure prescribed in	6155
divisions (A) and (B) of this section, the county auditor, or if	6156
the real property is located within the incorporated area of a	6157
city, the legislative authority of that city by an affirmative	6158
vote of at least a majority of its members, may request the	6159
probate court to direct the administrator or executor of the	6160
estate that contains the escheated property to commence an action	6161
in the probate court for authority to sell the real property in	6162
the manner provided in Chapter 2127. of the Revised Code. The	6163
proceeds from the sale of real property that is located outside	6164
the incorporated area of a city shall be distributed by the court	6165
in the same manner as the proceeds are distributed under division	6166
(A) of this section. The proceeds from the sale of real property	6167
that is located within the incorporated area of a city shall be	6168
distributed by the court in the same manner as the proceeds are	6169
distributed under division (B) of this section.	6170

Sec. 2329.26. (A) Lands and tenements taken in execution	6171
shall not be sold until all of the following occur:	6172

(1)(a) Except as otherwise provided in division (A)(1)(b) of	6173
this section, the judgment creditor who seeks the sale of the	6174
lands and tenements or the judgment creditor's attorney does both	6175
of the following:	6176

(i) Causes a written notice of the date, time, and place of	6177
the sale to be served in accordance with divisions (A) and (B) of	6178
Civil Rule 5 upon the judgment debtor and upon each other party to	6179
the action in which the judgment giving rise to the execution was	6180
rendered;	6181

(ii) At least seven calendar days prior to the date of the	6182
sale, files with the clerk of the court that rendered the judgment	6183
giving rise to the execution a copy of the written notice	6184
described in division (A)(1)(a)(i) of this section with proof of	6185
service endorsed on the copy in the form described in division (D)	6186
of Civil Rule 5.	6187

(b) Service of the written notice described in division	6188
(A)(1)(a)(i) of this section is not required to be made upon any	6189
party who is in default for failure to appear in the action in	6190
which the judgment giving rise to the execution was rendered.	6191

(2) The officer taking the lands and tenements gives public	6192
notice of the date, time, and place of the sale for at least	6193
three weeks before the day of sale by advertisement in a	6194
newspaper published in and of general circulation in the county.	6195
The court ordering the sale may designate in the order of sale	6196
the newspaper in which this public notice shall be published~~, and~~	6197
~~this public notice is subject to division (A) of section 2329.27~~	6198
~~of the Revised Code~~.	6199

(3) The officer taking the lands and tenements shall collect	6200
the purchaser's information required by section 2329.271 of the	6201
Revised Code.	6202

(B) A sale of lands and tenements taken in execution may be	6203
set aside in accordance with division (A) or (B) of section	6204
2329.27 of the Revised Code.	6205

Sec. 2329.27. (A) ~~When the public notice required by~~	6206
~~division (A)(2) of section 2329.26 of the Revised Code is made in~~	6207
~~a newspaper published weekly, it is sufficient to insert it for~~	6208
~~three consecutive weeks. If both a daily and weekly edition of the~~	6209
~~paper are published and the circulation of the daily in the county~~	6210
~~exceeds that of the weekly in the county, or if the lands and~~	6211
~~tenements taken in execution are situated in a city, both a daily~~	6212
~~and weekly edition of the paper are published, and the circulation~~	6213
~~of the daily in that city exceeds the circulation of the weekly in~~	6214
~~that city, it is sufficient to publish the public notice in the~~	6215
~~daily once a week for three consecutive weeks before the day of~~	6216
~~sale, each insertion to be on the same day of the week. The~~	6217
~~expense of that publication in a daily shall not exceed the cost~~	6218
~~of publishing it in a weekly.~~	6219

~~(B)(1)~~ Subject to divisions (B)~~(2)~~ and ~~(3)~~(C) of this	6220
section, all sales of lands and tenements taken in execution that	6221
are made without compliance with the written notice requirements	6222
of division (A)(1)(a) of section 2329.26 of the Revised Code, the	6223
public notice requirements of division (A)(2) of that section, and	6224
the purchaser information requirements of section 2329.271 of the	6225
Revised Code~~, and division (A) of this section~~ shall be set aside,	6226
on motion by any interested party, by the court to which the	6227
execution is returnable.	6228

~~(2)~~(B) Proof of service endorsed upon a copy of the written	6229
notice required by division (A)(1)(a) of section 2329.26 of the	6230
Revised Code shall be conclusive evidence of the service of the	6231
written notice in compliance with the requirements of that	6232
division, unless a party files a motion to set aside the sale of	6233
the lands and tenements pursuant to division ~~(B)(1)~~(A) of this	6234
section and establishes by a preponderance of the evidence that	6235
the proof of service is fraudulent.	6236

~~(3)~~(C) If the court to which the execution is returnable	6237
enters its order confirming the sale of the lands and tenements,	6238
the order shall have both of the following effects:	6239

~~(a)~~(1) The order shall be deemed to constitute a judicial	6240
finding as follows:	6241

~~(i)~~(a) That the sale of the lands and tenements complied with	6242
the written notice requirements of division (A)(1)(a) of section	6243
2329.26 of the Revised Code and the public notice requirements of	6244
division (A)(2) of that section ~~and division (A) of this section~~,	6245
or that compliance of that nature did not occur but the failure to	6246
give a written notice to a party entitled to notice under division	6247
(A)(1)(a) of section 2329.26 of the Revised Code has not	6248
prejudiced that party;	6249

~~(ii)~~(b) That all parties entitled to notice under division	6250
(A)(1)(a) of section 2329.26 of the Revised Code received adequate	6251
notice of the date, time, and place of the sale of the lands and	6252
tenements;	6253

~~(iii)~~(c) That the purchaser has submitted the contact	6254
information required by section 2329.271 of the Revised Code.	6255

~~(b)~~(2) The order bars the filing of any further motions to	6256
set aside the sale of the lands and tenements.	6257

Sec. 3311.21. (A) In addition to the resolutions authorized	6258
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	6259
the Revised Code, the board of education of a joint vocational or	6260
cooperative education school district by a vote of two-thirds of	6261
its full membership may at any time adopt a resolution declaring	6262
the necessity to levy a tax in excess of the ten-mill limitation	6263
for a period not to exceed ten years to provide funds for any one	6264
or more of the following purposes, which may be stated in the	6265
following manner in such resolution, the ballot, and the notice of	6266
election: purchasing a site or enlargement thereof and for the	6267
erection and equipment of buildings; for the purpose of enlarging,	6268
improving, or rebuilding thereof; for the purpose of providing for	6269
the current expenses of the joint vocational or cooperative school	6270
district; or for a continuing period for the purpose of providing	6271
for the current expenses of the joint vocational or cooperative	6272
education school district. The resolution shall specify the amount	6273
of the proposed rate and, if a renewal, whether the levy is to	6274
renew all, or a portion of, the existing levy, and shall specify	6275
the first year in which the levy will be imposed. If the levy	6276
provides for but is not limited to current expenses, the	6277
resolution shall apportion the annual rate of the levy between	6278
current expenses and the other purpose or purposes. Such	6279
apportionment may but need not be the same for each year of the	6280
levy, but the respective portions of the rate actually levied each	6281
year for current expenses and the other purpose or purposes shall	6282
be limited by such apportionment. The portion of any such rate	6283
actually levied for current expenses of a joint vocational or	6284
cooperative education school district shall be used in applying	6285
division (A) of section 3317.01 of the Revised Code. The portion	6286
of any such rate not apportioned to the current expenses of a	6287
joint vocational or cooperative education school district shall be	6288
used in applying division (B) of this section. On the adoption of	6289
such resolution, the joint vocational or cooperative education	6290
school district board of education shall certify the resolution to	6291
the board of elections of the county containing the most populous	6292
portion of the district, which board shall receive resolutions for	6293
filing and send them to the boards of elections of each county in	6294
which territory of the district is located, furnish all ballots	6295
for the election as provided in section 3505.071 of the Revised	6296
Code, and prepare the election notice; and the board of elections	6297
of each county in which the territory of such district is located	6298
shall make the other necessary arrangements for the submission of	6299
the question to the electors of the joint vocational or	6300
cooperative education school district at the next primary or	6301
general election occurring not less than seventy-five days after	6302
the resolution was received from the joint vocational or	6303
cooperative education school district board of education, or at a	6304
special election to be held at a time designated by the district	6305
board of education consistent with the requirements of section	6306
3501.01 of the Revised Code, which date shall not be earlier than	6307
seventy-five days after the adoption and certification of the	6308
resolution.	6309

The board of elections of the county or counties in which	6310
territory of the joint vocational or cooperative education school	6311
district is located shall cause to be published in one ~~or more~~	6312
~~newspapers~~newspaper of general circulation in that district an	6313
advertisement of the proposed tax levy question, together with a	6314
statement of the amount of the proposed levy, once a week for two	6315
consecutive weeks or as provided in section 7.16 of the Revised	6316
Code, prior to the election at which the question is to appear on	6317
the ballot~~, and, if~~. If the board of elections operates and	6318
maintains a web site, the board also shall post ~~a similar~~the	6319
advertisement on its web site for thirty days prior to that	6320
election.	6321

If a majority of the electors voting on the question of	6322
levying such tax vote in favor of the levy, the joint vocational	6323
or cooperative education school district board of education shall	6324
annually make the levy within the district at the rate specified	6325
in the resolution and ballot or at any lesser rate, and the county	6326
auditor of each affected county shall annually place the levy on	6327
the tax list and duplicate of each school district in the county	6328
having territory in the joint vocational or cooperative education	6329
school district. The taxes realized from the levy shall be	6330
collected at the same time and in the same manner as other taxes	6331
on the duplicate, and the taxes, when collected, shall be paid to	6332
the treasurer of the joint vocational or cooperative education	6333
school district and deposited to a special fund, which shall be	6334
established by the joint vocational or cooperative education	6335
school district board of education for all revenue derived from	6336
any tax levied pursuant to this section and for the proceeds of	6337
anticipation notes which shall be deposited in such fund. After	6338
the approval of the levy, the joint vocational or cooperative	6339
education school district board of education may anticipate a	6340
fraction of the proceeds of the levy and from time to time, during	6341
the life of the levy, but in any year prior to the time when the	6342
tax collection from the levy so anticipated can be made for that	6343
year, issue anticipation notes in an amount not exceeding fifty	6344
per cent of the estimated proceeds of the levy to be collected in	6345
each year up to a period of five years after the date of the	6346
issuance of the notes, less an amount equal to the proceeds of the	6347
levy obligated for each year by the issuance of anticipation	6348
notes, provided that the total amount maturing in any one year	6349
shall not exceed fifty per cent of the anticipated proceeds of the	6350
levy for that year. Each issue of notes shall be sold as provided	6351
in Chapter 133. of the Revised Code, and shall, except for such	6352
limitation that the total amount of such notes maturing in any one	6353
year shall not exceed fifty per cent of the anticipated proceeds	6354
of the levy for that year, mature serially in substantially equal	6355
installments, during each year over a period not to exceed five	6356
years after their issuance.	6357

(B) Prior to the application of section 319.301 of the	6358
Revised Code, the rate of a levy that is limited to, or to the	6359
extent that it is apportioned to, purposes other than current	6360
expenses shall be reduced in the same proportion in which the	6361
district's total valuation increases during the life of the levy	6362
because of additions to such valuation that have resulted from	6363
improvements added to the tax list and duplicate.	6364

(C) The form of ballot cast at an election under division (A)	6365
of this section shall be as prescribed by section 5705.25 of the	6366
Revised Code.	6367

Sec. 3311.213. (A) With the approval of the board of	6368
education of a joint vocational school district ~~which~~that is in	6369
existence, any school district in the county or counties	6370
comprising the joint vocational school district or any school	6371
district in a county adjacent to a county comprising part of a	6372
joint vocational school district may become a part of the joint	6373
vocational school district. On the adoption of a resolution of	6374
approval by the board of education of the joint vocational school	6375
district, it shall advertise a copy of such resolution in a	6376
newspaper of general circulation in the school district proposing	6377
to become a part of such joint vocational school district once	6378
each week for ~~at least~~ two weeks immediately following the date of	6379
the adoption of such resolution or as provided in section 7.16 of	6380
the Revised Code. Such resolution shall not become effective until	6381
the later of the sixty-first day after its adoption or until the	6382
board of elections certifies the results of an election in favor	6383
of joining of the school district to the joint vocational school	6384
district if such an election is held under division (B) of this	6385
section.	6386

(B) During the sixty-day period following the date of the	6387
adoption of a resolution to join a school district to a joint	6388
vocational school district under division (A) of this section, the	6389
electors of the school district that proposes joining the joint	6390
vocational school district may petition for a referendum vote on	6391
the resolution. The question whether to approve or disapprove the	6392
resolution shall be submitted to the electors of such school	6393
district if a number of qualified electors equal to twenty per	6394
cent of the number of electors in the school district who voted	6395
for the office of governor at the most recent general election for	6396
that office sign a petition asking that the question of whether	6397
the resolution shall be disapproved be submitted to the electors.	6398
The petition shall be filed with the board of elections of the	6399
county in which the school district is located. If the school	6400
district is located in more than one county, the petition shall be	6401
filed with the board of elections of the county in which the	6402
majority of the territory of the school district is located. The	6403
board shall certify the validity and sufficiency of the signatures	6404
on the petition.	6405

The board of elections shall immediately notify the board of	6406
education of the joint vocational school district and the board of	6407
education of the school district that proposes joining the joint	6408
vocational school district that the petition has been filed.	6409

The effect of the resolution shall be stayed until the board	6410
of elections certifies the validity and sufficiency of the	6411
signatures on the petition. If the board of elections determines	6412
that the petition does not contain a sufficient number of valid	6413
signatures and sixty days have passed since the adoption of the	6414
resolution, the resolution shall become effective.	6415

If the board of elections certifies that the petition	6416
contains a sufficient number of valid signatures, the board shall	6417
submit the question to the qualified electors of the school	6418
district on the day of the next general or primary election held	6419
at least seventy-five days after but no later than six months	6420
after the board of elections certifies the validity and	6421
sufficiency of signatures on the petition. If there is no general	6422
or primary election held at least seventy-five days after but no	6423
later than six months after the board of elections certifies the	6424
validity and sufficiency of signatures on the petition, the board	6425
shall submit the question to the electors at a special election to	6426
be held on the next day specified for special elections in	6427
division (D) of section 3501.01 of the Revised Code that occurs at	6428
least seventy-five days after the board certifies the validity and	6429
sufficiency of signatures on the petition. The election shall be	6430
conducted and canvassed and the results shall be certified in the	6431
same manner as in regular elections for the election of members of	6432
a board of education.	6433

If a majority of the electors voting on the question	6434
disapprove the resolution, the resolution shall not become	6435
effective.	6436

(C) If the resolution becomes effective, the board of	6437
education of the joint vocational school district shall notify the	6438
county auditor of the county in which the school district becoming	6439
a part of the joint vocational school district is located, who	6440
shall thereupon have any outstanding levy for building purposes,	6441
bond retirement, or current expenses in force in the joint	6442
vocational school district spread over the territory of the school	6443
district becoming a part of the joint vocational school district.	6444
On the addition of a city or exempted village school district or	6445
an educational service center to the joint vocational school	6446
district, pursuant to this section, the board of education of such	6447
joint vocational school district shall submit to the state board	6448
of education a proposal to enlarge the membership of such board by	6449
the addition of one or more persons at least one of whom shall be	6450
a member of the board of education or governing board of such	6451
additional school district or educational service center, and the	6452
term of each such additional member. On the addition of a local	6453
school district to the joint vocational school district, pursuant	6454
to this section, the board of education of such joint vocational	6455
school district may submit to the state board of education a	6456
proposal to enlarge the membership of such board by the addition	6457
of one or more persons who are members of the educational service	6458
center governing board of such additional local school district.	6459
On approval by the state board of education additional members	6460
shall be added to such joint vocational school district board of	6461
education.	6462

Sec. 3311.214. (A) With the approval of the state board of	6463
education, the boards of education of any two or more joint	6464
vocational school districts may, by the adoption of identical	6465
resolutions by a majority of the members of each such board,	6466
propose that one new joint vocational school district be created	6467
by adding together all of the territory of each of the districts	6468
and dissolving such districts. A copy of each resolution shall be	6469
filed with the state board of education for its approval or	6470
disapproval. The resolutions shall include a provision that the	6471
board of education of the new district shall be composed of the	6472
members from the same boards of education that composed the	6473
membership of the board of each of the districts to be dissolved,	6474
except that, if an even number of districts are to be dissolved,	6475
one additional member shall be added, who may be from any school	6476
district included in the territory of any of the districts to be	6477
dissolved as designated in the resolutions. The members of the new	6478
board shall have the same terms of office as they had under the	6479
respective plans of the districts adopting the resolutions, except	6480
that, if the new board has an additional member, hethe additional	6481
member shall have a term as specified in the resolutions.	6482

If the state board approves the resolutions, the board of	6483
education of each district to be dissolved shall advertise a copy	6484
of the resolution in a newspaper of general circulation in its	6485
district once each week for ~~at least~~ two weeks, or as provided in	6486
section 7.16 of the Revised Code, immediately following the date	6487
the resolutions are approved by the state board. The resolutions	6488
shall become effective on the first day of July next succeeding	6489
the sixtieth day following approval by the state board unless	6490
prior to the expiration of such sixty-day period, qualified	6491
electors residing in one of the districts to be dissolved equal in	6492
number to a majority of the qualified electors of that district	6493
voting at the last general election file with the state board a	6494
petition of remonstrance against creation of the proposed new	6495
district.	6496

(B) When a resolution becomes effective under division (A) of	6497
this section, each district in which a resolution was adopted and	6498
the board of each such district are dissolved. The territory of	6499
each dissolved district becomes a part of the new joint vocational	6500
school district. The net indebtedness of each dissolved district	6501
shall be assumed in full by the new district and the funds and	6502
property of each dissolved district shall become in full the funds	6503
and property of the new district. All existing contracts of each	6504
dissolved board shall be honored by the board of the new district	6505
until their expiration dates. The board of the new district shall	6506
notify the county auditor of each county in which each dissolved	6507
district was located that a resolution has become effective and a	6508
new district has been created and shall certify to each auditor	6509
any changes that might be required in the tax rate as a result of	6510
the creation of the new district.	6511

(C) As used in this section, "net indebtedness" means the	6512
difference between the par value of the outstanding and unpaid	6513
bonds and notes of the school district and the amount held in the	6514
sinking fund and other indebtedness retirement funds for their	6515
redemption.	6516

Sec. 3311.50. (A) As used in this section, "county school	6517
financing district" means a taxing district consisting of the	6518
following territory:	6519

(1) The territory that constitutes the educational service	6520
center on the date that the governing board of that educational	6521
service center adopts a resolution under division (B) of this	6522
section declaring that the territory of the educational service	6523
center is a county school financing district, exclusive of any	6524
territory subsequently withdrawn from the district under division	6525
(D) of this section;	6526

(2) Any territory that has been added to the county school	6527
financing district under this section.	6528

A county school financing district may include the territory	6529
of a city, local, or exempted village school district whose	6530
territory also is included in the territory of one or more other	6531
county school financing districts.	6532

(B) The governing board of any educational service center	6533
may, by resolution, declare that the territory of the educational	6534
service center is a county school financing district. The	6535
resolution shall state the purpose for which the county school	6536
financing district is created which may be for any one or more of	6537
the following purposes:	6538

(1) To levy taxes for the provision of special education by	6539
the school districts that are a part of the district, including	6540
taxes for permanent improvements for special education;	6541

(2) To levy taxes for the provision of specified educational	6542
programs and services by the school districts that are a part of	6543
the district, as identified in the resolution creating the	6544
district, including the levying of taxes for permanent	6545
improvements for those programs and services;	6546

(3) To levy taxes for permanent improvements of school	6547
districts that are a part of the district.	6548

The governing board of the educational service center that	6549
creates a county school financing district shall serve as the	6550
taxing authority of the district and may use educational service	6551
center governing board employees to perform any of the functions	6552
necessary in the performance of its duties as a taxing authority.	6553
A county school financing district shall not employ any personnel.	6554

With the approval of a majority of the members of the board	6555
of education of each school district within the territory of the	6556
county school financing district, the taxing authority of the	6557
financing district may amend the resolution creating the district	6558
to broaden or narrow the purposes for which it was created.	6559

A governing board of an educational service center may create	6560
more than one county school financing district. If a governing	6561
board of an educational service center creates more than one such	6562
district, it shall clearly distinguish among the districts it	6563
creates by including a designation of each district's purpose in	6564
the district's name.	6565

(C) A majority of the members of a board of education of a	6566
city, local, or exempted village school district may adopt a	6567
resolution requesting that its territory be joined with the	6568
territory of any county school financing district. Copies of the	6569
resolution shall be filed with the state board of education and	6570
the taxing authority of the county school financing district.	6571
Within sixty days of its receipt of such a resolution, the county	6572
school financing district's taxing authority shall vote on the	6573
question of whether to accept the school district's territory as	6574
part of the county school financing district. If a majority of the	6575
members of the taxing authority vote to accept the territory, the	6576
school district's territory shall thereupon become a part of the	6577
county school financing district unless the county school	6578
financing district has in effect a tax imposed under section	6579
5705.211 of the Revised Code. If the county school financing	6580
district has such a tax in effect, the taxing authority shall	6581
certify a copy of its resolution accepting the school district's	6582
territory to the school district's board of education, which may	6583
then adopt a resolution, with the affirmative vote of a majority	6584
of its members, proposing the submission to the electors of the	6585
question of whether the district's territory shall become a part	6586
of the county school financing district and subject to the taxes	6587
imposed by the financing district. The resolution shall set forth	6588
the date on which the question shall be submitted to the electors,	6589
which shall be at a special election held on a date specified in	6590
the resolution, which shall not be earlier than seventy-five days	6591
after the adoption and certification of the resolution. A copy of	6592
the resolution shall immediately be certified to the board of	6593
elections of the proper county, which shall make arrangements for	6594
the submission of the proposal to the electors of the school	6595
district. The board of the joining district shall publish notice	6596
of the election in ~~one or more newspapers~~a newspaper of general	6597
circulation in the county once a week for two consecutive weeks,	6598
or as provided in section 7.16 of the Revised Code, prior to the	6599
election. Additionally, if the board of elections operates and	6600
maintains a web site, the board of elections shall post notice of	6601
the election on its web site for thirty days prior to the	6602
election. The question appearing on the ballot shall read:	6603

"Shall the territory within .......... (name of the school	6604
district proposing to join the county school financing district)	6605
.......... be added to .......... (name) .......... county school	6606
financing district, and a property tax for the purposes of	6607
......... (here insert purposes) .......... at a rate of taxation	6608
not exceeding .......... (here insert the outstanding tax rate)	6609
........... be in effect for .......... (here insert the number of	6610
years the tax is to be in effect or "a continuing period of time,"	6611
as applicable) ..........?"	6612

If the proposal is approved by a majority of the electors	6613
voting on it, the joinder shall take effect on the first day of	6614
July following the date of the election, and the county board of	6615
elections shall notify the county auditor of each county in which	6616
the school district joining its territory to the county school	6617
financing district is located.	6618

(D) The board of any city, local, or exempted village school	6619
district whose territory is part of a county school financing	6620
district may withdraw its territory from the county school	6621
financing district thirty days after submitting to the governing	6622
board that is the taxing authority of the district and the state	6623
board a resolution proclaiming such withdrawal, adopted by a	6624
majority vote of its members, but any county school financing	6625
district tax levied in such territory on the effective date of the	6626
withdrawal shall remain in effect in such territory until such tax	6627
expires or is renewed. No board may adopt a resolution withdrawing	6628
from a county school financing district that would take effect	6629
during the forty-five days preceding the date of an election at	6630
which a levy proposed under section 5705.215 of the Revised Code	6631
is to be voted upon.	6632

(E) A city, local, or exempted village school district does	6633
not lose its separate identity or legal existence by reason of	6634
joining its territory to a county school financing district under	6635
this section and an educational service center does not lose its	6636
separate identity or legal existence by reason of creating a	6637
county school financing district that accepts or loses territory	6638
under this section.	6639

Sec. 3311.53. (A)(1) The board of education of any city,	6640
local, or exempted village school district that wishes to become	6641
part of a cooperative education school district established	6642
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	6643
Code may adopt a resolution proposing to become a part of the	6644
cooperative education school district.	6645

(2) The board of education of any city, local, or exempted	6646
village school district that is contiguous to a cooperative	6647
education school district established pursuant to section 3311.521	6648
of the Revised Code and that wishes to become part of that	6649
cooperative district may adopt a resolution proposing to become	6650
part of that cooperative district.	6651

(B) If, after the adoption of a resolution in accordance with	6652
division (A) of this section, the board of education of the	6653
cooperative education school district named in that resolution	6654
also adopts a resolution accepting the new district, the board of	6655
the district wishing to become part of the cooperative district	6656
shall advertise a copy of the cooperative district board's	6657
resolution in a newspaper of general circulation in the school	6658
district proposing to become a part of the cooperative education	6659
school district once each week for ~~at least~~ two weeks, or as	6660
provided in section 7.16 of the Revised Code, immediately	6661
following the date of the adoption of the resolution. The	6662
resolution shall become legally effective on the sixtieth day	6663
after its adoption, unless prior to the expiration of that	6664
sixty-day period qualified electors residing in the school	6665
district proposed to become a part of the cooperative education	6666
school district equal in number to a majority of the qualified	6667
electors voting at the last general election file with the board	6668
of education a petition of remonstrance against the transfer. If	6669
the resolution becomes legally effective, both of the following	6670
shall apply:	6671

(1) The resolution that established the cooperative education	6672
school district pursuant to divisions (A) to (C) of section	6673
3311.52 or section 3311.521 of the Revised Code shall be amended	6674
to reflect the addition of the new district to the cooperative	6675
district.	6676

(2) The board of education of the cooperative education	6677
school district shall give written notice of this fact to the	6678
county auditor and the board of elections of each county in which	6679
the school district becoming a part of the cooperative education	6680
school district has territory. Any such county auditor shall	6681
thereupon have any outstanding levy for building purposes, bond	6682
retirement, or current expenses in force in the cooperative	6683
education school district spread over the territory of the school	6684
district becoming a part of the cooperative education school	6685
district.	6686

(C) If the board of education of the cooperative education	6687
school district is not the governing board of an educational	6688
service center, the board of education of the cooperative	6689
education school district shall, on the addition of a city, local,	6690
or exempted village school district to the district pursuant to	6691
this section, submit to the state board of education a proposal to	6692
enlarge the membership of the board. In the case of a cooperative	6693
district established pursuant to divisions (A) to (C) of section	6694
3311.52 of the Revised Code, the proposal shall add one or more	6695
persons to the district's board, at least one of whom shall be a	6696
member of or selected by the board of education of the additional	6697
school district, and shall specify the term of each such	6698
additional member. In the case of a cooperative district	6699
established pursuant to section 3311.521 of the Revised Code, the	6700
proposal shall add two or more persons to the district's board, at	6701
least two of whom shall be a member of or selected by the board of	6702
education of the additional school district, and shall specify the	6703
term of each such additional member. On approval by the state	6704
board of education, the additional members shall be added to the	6705
cooperative education school district board of education.	6706

Sec. 3311.73. (A) No later than seventy-five days before the	6707
general election held in the first even-numbered year occurring at	6708
least four years after the date it assumed control of the	6709
municipal school district pursuant to division (B) of section	6710
3311.71 of the Revised Code, the board of education appointed	6711
under that division shall notify the board of elections of each	6712
county containing territory of the municipal school district of	6713
the referendum election required by division (B) of this section.	6714

(B) At the general election held in the first even-numbered	6715
year occurring at least four years after the date the new board	6716
assumed control of a municipal school district pursuant to	6717
division (B) of section 3311.71 of the Revised Code, the following	6718
question shall be submitted to the electors residing in the school	6719
district:	6720

"Shall the mayor of ..... (here insert the name of the	6721
applicable municipal corporation) continue to appoint the members	6722
of the board of education of the ..... (here insert the name of	6723
the municipal school district)?"	6724

The board of elections of the county in which the majority of	6725
the school district's territory is located shall make all	6726
necessary arrangements for the submission of the question to the	6727
electors, and the election shall be conducted, canvassed, and	6728
certified in the same manner as regular elections in the district	6729
for the election of county officers, provided that in any such	6730
election in which only part of the electors of a precinct are	6731
qualified to vote, the board of elections may assign voters in	6732
such part to an adjoining precinct. Such an assignment may be made	6733
to an adjoining precinct in another county with the consent and	6734
approval of the board of elections of such other county. Notice of	6735
the election shall be published in a newspaper of general	6736
circulation in the school district once a week for two consecutive	6737
weeks, or as provided in section 7.16 of the Revised Code, prior	6738
to the election~~, and, if~~. If the board of elections operates and	6739
maintains a web site, the board of elections shall post notice of	6740
the election on its web site for thirty days prior to the	6741
election. The notice shall state the question on which the	6742
election is being held. The ballot shall be in the form prescribed	6743
by the secretary of state. Costs of submitting the question to the	6744
electors shall be charged to the municipal school district in	6745
accordance with section 3501.17 of the Revised Code.	6746

(C) If a majority of electors voting on the issue proposed in	6747
division (B) of this section approve the question, the mayor shall	6748
appoint a new board on the immediately following first day of July	6749
pursuant to division (F) of section 3311.71 of the Revised Code.	6750

(D) If a majority of electors voting on the issue proposed in	6751
division (B) of this section disapprove the question, a new	6752
seven-member board of education shall be elected at the next	6753
regular election occurring in November of an odd-numbered year. At	6754
such election, four members shall be elected for terms of four	6755
years and three members shall be elected for terms of two years.	6756
Thereafter, their successors shall be elected in the same manner	6757
and for the same terms as members of boards of education of a city	6758
school district. All members of the board of education of a	6759
municipal school district appointed pursuant to division (B) of	6760
section 3311.71 of the Revised Code shall continue to serve after	6761
the end of the terms to which they were appointed until their	6762
successors are qualified and assume office in accordance with	6763
section 3313.09 of the Revised Code.	6764

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	6765
(F), and (G) of this section, when a board of education decides to	6766
dispose of real or personal property that it owns in its corporate	6767
capacity and that exceeds in value ten thousand dollars, it shall	6768
sell the property at public auction, after giving at least thirty	6769
days' notice of the auction by publication in a newspaper of	6770
general circulation in the school district, by publication as	6771
provided in section 7.16 of the Revised Code, or by posting	6772
notices in five of the most public places in the school district	6773
in which the property, if it is real property, is situated, or, if	6774
it is personal property, in the school district of the board of	6775
education that owns the property. The board may offer real	6776
property for sale as an entire tract or in parcels.	6777

(B) When the board of education has offered real or personal	6778
property for sale at public auction at least once pursuant to	6779
division (A) of this section, and the property has not been sold,	6780
the board may sell it at a private sale. Regardless of how it was	6781
offered at public auction, at a private sale, the board shall, as	6782
it considers best, sell real property as an entire tract or in	6783
parcels, and personal property in a single lot or in several lots.	6784

(C) If a board of education decides to dispose of real or	6785
personal property that it owns in its corporate capacity and that	6786
exceeds in value ten thousand dollars, it may sell the property to	6787
the adjutant general; to any subdivision or taxing authority as	6788
respectively defined in divisions (A) and (C) of section 5705.01	6789
of the Revised Code, township park district, board of park	6790
commissioners established under Chapter 755. of the Revised Code,	6791
or park district established under Chapter 1545. of the Revised	6792
Code; to a wholly or partially tax-supported university,	6793
university branch, or college; or to the board of trustees of a	6794
school district library, upon such terms as are agreed upon. The	6795
sale of real or personal property to the board of trustees of a	6796
school district library is limited, in the case of real property,	6797
to a school district library within whose boundaries the real	6798
property is situated, or, in the case of personal property, to a	6799
school district library whose boundaries lie in whole or in part	6800
within the school district of the selling board of education.	6801

(D) When a board of education decides to trade as a part or	6802
an entire consideration, an item of personal property on the	6803
purchase price of an item of similar personal property, it may	6804
trade the same upon such terms as are agreed upon by the parties	6805
to the trade.	6806

(E) The president and the treasurer of the board of education	6807
shall execute and deliver deeds or other necessary instruments of	6808
conveyance to complete any sale or trade under this section.	6809

(F) When a board of education has identified a parcel of real	6810
property that it determines is needed for school purposes, the	6811
board may, upon a majority vote of the members of the board,	6812
acquire that property by exchanging real property that the board	6813
owns in its corporate capacity for the identified real property or	6814
by using real property that the board owns in its corporate	6815
capacity as part or an entire consideration for the purchase price	6816
of the identified real property. Any exchange or acquisition made	6817
pursuant to this division shall be made by a conveyance executed	6818
by the president and the treasurer of the board.	6819

(G)(1) When a school district board of education decides to	6820
dispose of real property suitable for use as classroom space,	6821
prior to disposing of that property under divisions (A) to (F) of	6822
this section, it shall first offer that property for sale to the	6823
governing authorities of the start-up community schools	6824
established under Chapter 3314. of the Revised Code located within	6825
the territory of the school district, at a price that is not	6826
higher than the appraised fair market value of that property. If	6827
more than one community school governing authority accepts the	6828
offer made by the school district board, the board shall sell the	6829
property to the governing authority that accepted the offer first	6830
in time. If no community school governing authority accepts the	6831
offer within sixty days after the offer is made by the school	6832
district board, the board may dispose of the property in the	6833
applicable manner prescribed under divisions (A) to (F) of this	6834
section.	6835

(2) When a school district board of education has not used	6836
real property suitable for classroom space for academic	6837
instruction, administration, storage, or any other educational	6838
purpose for one full school year and has not adopted a resolution	6839
outlining a plan for using that property for any of those purposes	6840
within the next three school years, it shall offer that property	6841
for sale to the governing authorities of the start-up community	6842
schools established under Chapter 3314. of the Revised Code	6843
located within the territory of the school district, at a price	6844
that is not higher than the appraised fair market value of that	6845
property. If more than one community school governing authority	6846
accepts the offer made by the school district board, the board	6847
shall sell the property to the governing authority that accepted	6848
the offer first in time.	6849

(H) When a school district board of education has property	6850
that the board, by resolution, finds is not needed for school	6851
district use, is obsolete, or is unfit for the use for which it	6852
was acquired, the board may donate that property in accordance	6853
with this division if the fair market value of the property is, in	6854
the opinion of the board, two thousand five hundred dollars or	6855
less.	6856

The property may be donated to an eligible nonprofit	6857
organization that is located in this state and is exempt from	6858
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	6859
Before donating any property under this division, the board shall	6860
adopt a resolution expressing its intent to make unneeded,	6861
obsolete, or unfit-for-use school district property available to	6862
these organizations. The resolution shall include guidelines and	6863
procedures the board considers to be necessary to implement the	6864
donation program and shall indicate whether the school district	6865
will conduct the donation program or the board will contract with	6866
a representative to conduct it. If a representative is known when	6867
the resolution is adopted, the resolution shall provide contact	6868
information such as the representative's name, address, and	6869
telephone number.	6870

The resolution shall include within its procedures a	6871
requirement that any nonprofit organization desiring to obtain	6872
donated property under this division shall submit a written notice	6873
to the board or its representative. The written notice shall	6874
include evidence that the organization is a nonprofit organization	6875
that is located in this state and is exempt from federal income	6876
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	6877
the organization's primary purpose; a description of the type or	6878
types of property the organization needs; and the name, address,	6879
and telephone number of a person designated by the organization's	6880
governing board to receive donated property and to serve as its	6881
agent.	6882

After adoption of the resolution, the board shall publish, in	6883
a newspaper of general circulation in the school district or as	6884
provided in section 7.16 of the Revised Code, notice of its intent	6885
to donate unneeded, obsolete, or unfit-for-use school district	6886
property to eligible nonprofit organizations. The notice shall	6887
include a summary of the information provided in the resolution	6888
and shall be published ~~at least~~ twice. The second ~~and any~~	6889
~~subsequent~~ notice shall be published not less than ten nor more	6890
than twenty days after the previous notice. A similar notice also	6891
shall be posted continually in the board's office~~, and, if~~. If the	6892
school district maintains a web site on the internet, the notice	6893
shall be posted continually at that web site.	6894

The board or its representatives shall maintain a list of all	6895
nonprofit organizations that notify the board or its	6896
representative of their desire to obtain donated property under	6897
this division and that the board or its representative determines	6898
to be eligible, in accordance with the requirements set forth in	6899
this section and in the donation program's guidelines and	6900
procedures, to receive donated property.	6901

The board or its representative also shall maintain a list of	6902
all school district property the board finds to be unneeded,	6903
obsolete, or unfit for use and to be available for donation under	6904
this division. The list shall be posted continually in a	6905
conspicuous location in the board's office, and, if the school	6906
district maintains a web site on the internet, the list shall be	6907
posted continually at that web site. An item of property on the	6908
list shall be donated to the eligible nonprofit organization that	6909
first declares to the board or its representative its desire to	6910
obtain the item unless the board previously has established, by	6911
resolution, a list of eligible nonprofit organizations that shall	6912
be given priority with respect to the item's donation. Priority	6913
may be given on the basis that the purposes of a nonprofit	6914
organization have a direct relationship to specific school	6915
district purposes of programs provided or administered by the	6916
board. A resolution giving priority to certain nonprofit	6917
organizations with respect to the donation of an item of property	6918
shall specify the reasons why the organizations are given that	6919
priority.	6920

Members of the board shall consult with the Ohio ethics	6921
commission, and comply with Chapters 102. and 2921. of the Revised	6922
Code, with respect to any donation under this division to a	6923
nonprofit organization of which a board member, any member of a	6924
board member's family, or any business associate of a board member	6925
is a trustee, officer, board member, or employee.	6926

Sec. 3313.533. (A) The board of education of a city,	6927
exempted village, or local school district may adopt a resolution	6928
to establish and maintain an alternative school in accordance with	6929
this section. The resolution shall specify, but not necessarily be	6930
limited to, all of the following:	6931

(1) The purpose of the school, which purpose shall be to	6932
serve students who are on suspension, who are having truancy	6933
problems, who are experiencing academic failure, who have a	6934
history of class disruption, who are exhibiting other academic or	6935
behavioral problems specified in the resolution, or who have been	6936
discharged or released from the custody of the department of youth	6937
services under section 5139.51 of the Revised Code;	6938

(2) The grades served by the school, which may include any of	6939
grades kindergarten through twelve;	6940

(3) A requirement that the school be operated in accordance	6941
with this section. The board of education adopting the resolution	6942
under division (A) of this section shall be the governing board of	6943
the alternative school. The board shall develop and implement a	6944
plan for the school in accordance with the resolution establishing	6945
the school and in accordance with this section. Each plan shall	6946
include, but not necessarily be limited to, all of the following:	6947

(a) Specification of the reasons for which students will be	6948
accepted for assignment to the school and any criteria for	6949
admission that are to be used by the board to approve or	6950
disapprove the assignment of students to the school;	6951

(b) Specification of the criteria and procedures that will be	6952
used for returning students who have been assigned to the school	6953
back to the regular education program of the district;	6954

(c) An evaluation plan for assessing the effectiveness of the	6955
school and its educational program and reporting the results of	6956
the evaluation to the public.	6957

(B) Notwithstanding any provision of Title XXXIII of the	6958
Revised Code to the contrary, the alternative school plan may	6959
include any of the following:	6960

(1) A requirement that on each school day students must	6961
attend school or participate in other programs specified in the	6962
plan or by the chief administrative officer of the school for a	6963
period equal to the minimum school day set by the state board of	6964
education under section 3313.48 of the Revised Code plus any	6965
additional time required in the plan or by the chief	6966
administrative officer;	6967

(2) Restrictions on student participation in extracurricular	6968
or interscholastic activities;	6969

(3) A requirement that students wear uniforms prescribed by	6970
the district board of education.	6971

(C) In accordance with the alternative school plan, the	6972
district board of education may employ teachers and nonteaching	6973
employees necessary to carry out its duties and fulfill its	6974
responsibilities or may contract with a nonprofit or for profit	6975
entity to operate the alternative school, including the provision	6976
of personnel, supplies, equipment, or facilities.	6977

(D) An alternative school may be established in all or part	6978
of a school building.	6979

(E) If a district board of education elects under this	6980
section, or is required by section 3313.534 of the Revised Code,	6981
to establish an alternative school, the district board may join	6982
with the board of education of one or more other districts to form	6983
a joint alternative school by forming a cooperative education	6984
school district under section 3311.52 or 3311.521 of the Revised	6985
Code, or a joint educational program under section 3313.842 of the	6986
Revised Code. The authority to employ personnel or to contract	6987
with a nonprofit or for profit entity under division (C) of this	6988
section applies to any alternative school program established	6989
under this division.	6990

(F) Any individual employed as a teacher at an alternative	6991
school operated by a nonprofit or for profit entity under this	6992
section shall be licensed and shall be subject to background	6993
checks, as described in section 3319.39 of the Revised Code, in	6994
the same manner as an individual employed by a school district.	6995

(G) Division (G) of this section applies only to any	6996
alternative school that is operated by a nonprofit or for profit	6997
entity under contract with the school district.	6998

(1) In addition to the specifications authorized under	6999
division (B) of this section, any plan adopted under that division	7000
for an alternative school to which division (G) of this section	7001
also applies shall include the following:	7002

(a) A description of the educational program provided at the	7003
alternative school, which shall include:	7004

(i) Provisions for the school to be configured in clusters or	7005
small learning communities;	7006

(ii) Provisions for the incorporation of education technology	7007
into the curriculum;	7008

(iii) Provisions for accelerated learning programs in reading	7009
and mathematics.	7010

(b) A method to determine the reading and mathematics level	7011
of each student assigned to the alternative school and a method to	7012
continuously monitor each student's progress in those areas. The	7013
methods employed under this division shall be aligned with the	7014
curriculum adopted by the school district board of education under	7015
section 3313.60 of the Revised Code.	7016

(c) A plan for social services to be provided at the	7017
alternative school, such as, but not limited to, counseling	7018
services, psychological support services, and enrichment programs;	7019

(d) A plan for a student's transition from the alternative	7020
school back to a school operated by the school district;	7021

(e) A requirement that the alternative school maintain	7022
financial records in a manner that is compatible with the form	7023
prescribed for school districts by the auditor of state to enable	7024
the district to comply with any rules adopted by the auditor of	7025
state.	7026

(2) Notwithstanding division (A)(2) of this section, any	7027
alternative school to which division (G) of this section applies	7028
shall include only grades six through twelve.	7029

(3) Notwithstanding anything in division (A)(3)(a) of this	7030
section to the contrary, the characteristics of students who may	7031
be assigned to an alternative school to which division (G) of this	7032
section applies shall include only disruptive and low-performing	7033
students.	7034

(H) When any district board of education determines to	7035
contract with a nonprofit or for profit entity to operate an	7036
alternative school under this section, the board shall use the	7037
procedure set forth in this division.	7038

(1) The board shall publish notice of a request for proposals	7039
in a newspaper of general circulation in the district once each	7040
week for a period of ~~at least~~ two consecutive weeks, or as	7041
provided in section 7.16 of the Revised Code, prior to the date	7042
specified by the board for receiving proposals. Notices of	7043
requests for proposals shall contain a general description of the	7044
subject of the proposed contract and the location where the	7045
request for proposals may be obtained. The request for proposals	7046
shall include all of the following information:	7047

(a) Instructions and information to respondents concerning	7048
the submission of proposals, including the name and address of the	7049
office where proposals are to be submitted;	7050

(b) Instructions regarding communications, including at least	7051
the names, titles, and telephone numbers of persons to whom	7052
questions concerning a proposal may be directed;	7053

(c) A description of the performance criteria that will be	7054
used to evaluate whether a respondent to which a contract is	7055
awarded is meeting the district's educational standards or the	7056
method by which such performance criteria will be determined;	7057

(d) Factors and criteria to be considered in evaluating	7058
proposals, the relative importance of each factor or criterion,	7059
and a description of the evaluation procedures to be followed;	7060

(e) Any terms or conditions of the proposed contract,	7061
including any requirement for a bond and the amount of such bond;	7062

(f) Documents that may be incorporated by reference into the	7063
request for proposals, provided that the request for proposals	7064
specifies where such documents may be obtained and that such	7065
documents are readily available to all interested parties.	7066

(2) After the date specified for receiving proposals, the	7067
board shall evaluate the submitted proposals and may hold	7068
discussions with any respondent to ensure a complete understanding	7069
of the proposal and the qualifications of such respondent to	7070
execute the proposed contract. Such qualifications shall include,	7071
but are not limited to, all of the following:	7072

(a) Demonstrated competence in performance of the required	7073
services as indicated by effective implementation of educational	7074
programs in reading and mathematics and at least three years of	7075
experience successfully serving a student population similar to	7076
the student population assigned to the alternative school;	7077

(b) Demonstrated performance in the areas of cost	7078
containment, the provision of educational services of a high	7079
quality, and any other areas determined by the board;	7080

(c) Whether the respondent has the resources to undertake the	7081
operation of the alternative school and to provide qualified	7082
personnel to staff the school;	7083

(d) Financial responsibility.

7084

(3) The board shall select for further review at least three	7085
proposals from respondents the board considers qualified to	7086
operate the alternative school in the best interests of the	7087
students and the district. If fewer than three proposals are	7088
submitted, the board shall select each proposal submitted. The	7089
board may cancel a request for proposals or reject all proposals	7090
at any time prior to the execution of a contract.	7091

The board may hold discussions with any of the three selected	7092
respondents to clarify or revise the provisions of a proposal or	7093
the proposed contract to ensure complete understanding between the	7094
board and the respondent of the terms under which a contract will	7095
be entered. Respondents shall be accorded fair and equal treatment	7096
with respect to any opportunity for discussion regarding	7097
clarifications or revisions. The board may terminate or	7098
discontinue any further discussion with a respondent upon written	7099
notice.	7100

(4) Upon further review of the three proposals selected by	7101
the board, the board shall award a contract to the respondent the	7102
board considers to have the most merit, taking into consideration	7103
the scope, complexity, and nature of the services to be performed	7104
by the respondent under the contract.	7105

(5) Except as provided in division (H)(6) of this section,	7106
the request for proposals, submitted proposals, and related	7107
documents shall become public records under section 149.43 of the	7108
Revised Code after the award of the contract.	7109

(6) Any respondent may request in writing that the board not	7110
disclose confidential or proprietary information or trade secrets	7111
contained in the proposal submitted by the respondent to the	7112
board. Any such request shall be accompanied by an offer of	7113
indemnification from the respondent to the board. The board shall	7114
determine whether to agree to the request and shall inform the	7115
respondent in writing of its decision. If the board agrees to	7116
nondisclosure of specified information in a proposal, such	7117
information shall not become a public record under section 149.43	7118
of the Revised Code. If the respondent withdraws its proposal at	7119
any time prior to the execution of a contract, the proposal shall	7120
not be a public record under section 149.43 of the Revised Code.	7121

(I) Upon a recommendation from the department and in	7122
accordance with section 3301.16 of the Revised Code, the state	7123
board of education may revoke the charter of any alternative	7124
school operated by a school district that violates this section.	7125

Sec. 3313.911. The state board of education may adopt a	7126
resolution assigning a city, exempted village, or local school	7127
district that is not a part of a joint vocational school district	7128
to membership in a joint vocational school district. A copy of the	7129
resolution shall be certified to the board of education of the	7130
joint vocational school district and the board of education of the	7131
district proposed to be assigned. The board of education of the	7132
joint vocational school district shall advertise a copy of the	7133
resolution in a newspaper of general circulation in the district	7134
proposed to be assigned once each week for ~~at least~~ two weeks, or	7135
as provided in section 7.16 of the Revised Code, immediately	7136
following the certification of the resolution to the board. The	7137
assignment shall take effect on the ninety-first day after the	7138
state board adopts the resolution, unless prior to that date	7139
qualified electors residing in the school district proposed for	7140
assignment, equal in number to ten per cent of the qualified	7141
electors of that district voting at the last general election,	7142
file a petition against the assignment.	7143

The petition of referendum shall be filed with the treasurer	7144
of the board of education of the district proposed to be assigned	7145
to the joint vocational school district. The treasurer shall give	7146
the person presenting the petition a receipt showing the time of	7147
day, date, and purpose of the petition. The treasurer shall cause	7148
the board of elections to determine the sufficiency of signatures	7149
on the petition and if the signatures are found to be sufficient,	7150
shall present the petition to the board of education of the	7151
district. The board of education shall promptly certify the	7152
question to the board of elections for the purpose of having the	7153
question placed on the ballot at the next general, primary, or	7154
special election not earlier than sixty days after the date of the	7155
certification.	7156

Only those qualified electors residing in the district	7157
proposed for assignment to the joint vocational school district	7158
are qualified to vote on the question. If a majority of the	7159
electors voting on the question vote against the assignment, it	7160
shall not take place, and the state board of education shall	7161
require the district to contract with the joint vocational school	7162
district or another school district as authorized by section	7163
3313.91 of the Revised Code.	7164

If a majority of the electors voting on the question do not	7165
vote against the assignment, the assignment shall take immediate	7166
effect, and the board of education of the joint vocational school	7167
district shall notify the county auditor of the county in which	7168
the school district becoming a part of the joint vocational school	7169
district is located to have any outstanding levy of the joint	7170
vocational school district spread over the territory of the school	7171
district that has become a part of the joint vocational school	7172
district.	7173

The assignment of a school district to a joint vocational	7174
school district pursuant to this section is subject to any	7175
agreements made between the board of education of the assigned	7176
school district and the board of education of the joint vocational	7177
school district. Such an agreement may include provisions for a	7178
payment by the assigned school district to the joint vocational	7179
school district of an amount to be contributed toward the cost of	7180
the existing facilities of the joint vocational school district.	7181

On the assignment of a school district to a joint vocational	7182
school district pursuant to this section, the joint vocational	7183
school district's board of education shall submit a proposal to	7184
the state board of education to enlarge or reorganize the	7185
membership of the joint vocational school district's board of	7186
education if expansion or reorganization of the board is necessary	7187
in order to comply with section 3311.19 of the Revised Code.	7188

Sec. 3349.29. An agreement made pursuant to sections 3349.27	7189
and 3349.28 of the Revised Code is not effective unless it has	7190
been approved by the legislative authority of the municipal	7191
corporation with which the municipal university is identified,	7192
upon such legislative authority's determination that such	7193
agreement will be beneficial to the municipal corporation, and	7194
also approved by the Ohio board of regents, and, if required by	7195
any applicable appropriation measure, by the state controlling	7196
board, and any payment from state tax moneys provided for in the	7197
agreement will be subject to appropriations made by the general	7198
assembly. If provision is to be made under such agreement for the	7199
transfer of, or grant of the right to use, all or a substantial	7200
part of the assets of the municipal university to the state	7201
university and assumption by the state university of educational	7202
functions of the municipal university, such agreement shall not	7203
become effective, under sections 3349.27 to 3349.30 of the Revised	7204
Code until the electors of the municipal corporation have approved	7205
such transfer or grant.	7206

The legislative authority of the municipal corporation shall,	7207
by ordinance, submit the question to the electors at a general,	7208
primary, or a special election to be held on the date specified in	7209
the ordinance. The ordinance shall be certified to the board of	7210
elections not later than the forty-fifth day preceding the date of	7211
the election. Notice of the election shall be published in one or	7212
~~more newspapers~~newspaper of general circulation in the municipal	7213
corporation once a week for two consecutive weeks or as provided	7214
in section 7.16 of the Revised Code, prior to the election ~~and,~~	7215
if. If the board of elections operates and maintains a web site,	7216
notice of the election also shall be posted on that web site for	7217
thirty days prior to the election. The form of the ballot to be	7218
used at the election shall be substantially as follows, with such	7219
variations as may be appropriate to reflect the general nature of	7220
the transfer or grant of use of assets and the transfer of	7221
educational functions contemplated:	7222

"Shall assets of the municipal university known as	7223
.......................... be transferred to (make available for	7224
use by) a state university known as ...........................	7225
and the state university assume educational functions of the	7226
municipal university and provide higher education in (or in close	7227
proximity to) the city of .......................... to the	7228
residents of the city of ........................ and of the state	7229
of Ohio and such others as shall be admitted?"	7230

The favorable vote of a majority of those voting on the	7231
proposition constitutes such approval as is required by this	7232
section.	7233

Sec. 3354.12. (A) Upon the request by resolution approved by	7234
the board of trustees of a community college district, and upon	7235
certification to the board of elections not less than seventy-five	7236
days prior to the election, the boards of elections of the county	7237
or counties comprising such district shall place upon the ballot	7238
in their respective counties the question of levying a tax on all	7239
the taxable property in the community college district outside the	7240
ten-mill limitation, for a specified period of years or for a	7241
continuing period of time, to provide funds for any one or more of	7242
the following purposes: the acquisition of sites, the erection,	7243
furnishing, and equipment of buildings, the acquisition,	7244
construction, or improvement of any property which the board of	7245
trustees of a community college district is authorized to acquire,	7246
construct, or improve and which has an estimated life of	7247
usefulness of five years or more as certified by the fiscal	7248
officer, and the payment of operating costs. Not more than two	7249
special elections shall be held in any one calendar year. Levies	7250
for a continuing period of time adopted under this section may be	7251
reduced in accordance with section 5705.261 of the Revised Code.	7252

If such proposal is to be or include the renewal of an	7253
existing levy at the expiration thereof, the ballot for such	7254
election shall state whether it is a renewal of a tax; a renewal	7255
of a stated number of mills and an increase of a stated number of	7256
mills, or a renewal of a part of an existing levy with a reduction	7257
of a stated number of mills; the year of the tax duplicate on	7258
which such renewal will first be made; and if earlier, the year of	7259
the tax duplicate on which such additional levy will first be	7260
made, which may include the tax duplicate for the current year	7261
unless the election is to be held after the first Tuesday after	7262
the first Monday in November of the current tax year. The ballot	7263
shall also state the period of years for such levy or that it is	7264
for a continuing period of time. If a levy for a continuing period	7265
of time provides for but is not limited to current expenses, the	7266
resolution of the board of trustees providing for the election on	7267
such levy shall apportion the annual rate of the levy between	7268
current expenses and the other purpose or purposes. Such	7269
apportionment need not be the same for each year of the levy, but	7270
the respective portions of the rate actually levied each year for	7271
current expenses and the other purpose or purposes shall be	7272
limited by such apportionment. The portion of the rate apportioned	7273
to the other purpose or purposes shall be reduced as provided in	7274
division (B) of this section.	7275

If a majority of the electors in such district voting on such	7276
question approve thereof, the county auditor or auditors of the	7277
county or counties comprising such district shall annually, for	7278
the applicable years, place such levy on the tax duplicate in such	7279
district, in an amount determined by the board of trustees, but	7280
not to exceed the amount set forth in the proposition approved by	7281
the electors.	7282

The boards of trustees of a community college district shall	7283
establish a special fund for all revenue derived from any tax	7284
levied pursuant to this section.	7285

The boards of elections of the county or counties comprising	7286
the district shall cause to be published in a newspaper of general	7287
circulation in each such county an advertisement of the proposed	7288
tax levy question once a week for two consecutive weeks or as	7289
provided in section 7.16 of the Revised Code, prior to the	7290
election at which the question is to appear on the ballot~~, and,~~	7291
if. If a board of elections operates and maintains a web site,	7292
that board also shall post ~~a similar~~the advertisement on its web	7293
site for thirty days prior to that election.	7294

After the approval of such levy by vote, the board of	7295
trustees of a community college district may anticipate a fraction	7296
of the proceeds of such levy and from time to time issue	7297
anticipation notes having such maturity or maturities that the	7298
aggregate principal amount of all such notes maturing in any	7299
calendar year shall not exceed seventy-five per cent of the	7300
anticipated proceeds from such levy for such year, and that no	7301
note shall mature later than the thirty-first day of December of	7302
the tenth calendar year following the calendar year in which such	7303
note is issued. Each issue of notes shall be sold as provided in	7304
Chapter 133. of the Revised Code.	7305

The amount of bonds or anticipatory notes authorized pursuant	7306
to Chapter 3354. of the Revised Code, may include sums to repay	7307
moneys previously borrowed, advanced, or granted and expended for	7308
the purposes of such bond or anticipatory note issues, whether	7309
such moneys were advanced from the available funds of the	7310
community college district or by other persons, and the community	7311
college district may restore and repay to such funds or persons	7312
from the proceeds of such issues the moneys so borrowed, advanced	7313
or granted.	7314

All operating costs of such community college may be paid out	7315
of any gift or grant from the state, pursuant to division (K) of	7316
section 3354.09 of the Revised Code; out of student fees and	7317
tuition collected pursuant to division (G) of section 3354.09 of	7318
the Revised Code; or out of unencumbered funds from any other	7319
source of the community college income not prohibited by law.	7320

(B) Prior to the application of section 319.301 of the	7321
Revised Code, the rate of a levy that is limited to, or to the	7322
extent that it is apportioned to, purposes other than current	7323
expenses shall be reduced in the same proportion in which the	7324
district's total valuation increases during the life of the levy	7325
because of additions to such valuation that have resulted from	7326
improvements added to the tax list and duplicate.	7327

Sec. 3355.09. Upon receipt of a request from the university	7328
branch district managing authority, the boards of elections of the	7329
county or counties comprising such district shall place upon the	7330
ballot in the district at the next primary or general election	7331
occurring not less than seventy-five days after submission of such	7332
request by such managing authority, the question of levying a tax	7333
outside the ten-mill limitation, for a specified period of years,	7334
to provide funds for any of the following purposes:	7335

(A) Purchasing a site or enlargement thereof;

7336

(B) The erection and equipment of buildings;

7337

7338

(D) The acquisition, construction, or improvement of any	7339
property which the university branch district managing authority	7340
is authorized to acquire, construct, or improve and which has been	7341
certified by the fiscal officer to have an estimated useful life	7342
of five or more years.	7343

If a majority of the electors in such district voting on such	7344
question approve, the county auditor of the county or counties	7345
comprising such district shall annually place such levy on the tax	7346
duplicate in such district, in the amount set forth in the	7347
proposition approved by the electors.	7348

The managing authority of the university branch district	7349
shall establish a special fund pursuant to section 3355.07 of the	7350
Revised Code for all revenue derived from any tax levied pursuant	7351
to provisions of this section.	7352

The boards of election of the county or counties comprising	7353
the district shall cause to be published in a newspaper of general	7354
circulation in each such county an advertisement of the proposed	7355
tax levy question once a week for two consecutive weeks, or as	7356
provided in section 7.16 of the Revised Code, prior to the	7357
election at which the question is to appear on the ballot~~, and,~~	7358
if. If a board of elections operates and maintains a web site,	7359
that board also shall post ~~a similar~~the advertisement on its web	7360
site for thirty days prior to the election.	7361

After the approval of such levy by vote, the managing	7362
authority of the university branch district may anticipate a	7363
fraction of the proceeds of such levy and from time to time,	7364
during the life of such levy, issue anticipation notes in an	7365
amount not to exceed seventy-five per cent of the estimated	7366
proceeds of such levy to be collected in each year over a period	7367
of five years after the date of the issuance of such notes, less	7368
an amount equal to the proceeds of such levy previously obligated	7369
for such year by the issuance of anticipation notes, provided,	7370
that the total amount maturing in any one year shall not exceed	7371
seventy-five per cent of the anticipated proceeds of such levy for	7372
that year.	7373

Each issue of notes shall be sold as provided in Chapter 133.	7374
of the Revised Code and shall mature serially in substantially	7375
equal amounts, during each remaining year of the levy, not to	7376
exceed five, after their issuance.	7377

Sec. 3375.41. When a board of library trustees appointed	7378
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	7379
or 3375.30 of the Revised Code determines to construct, demolish,	7380
alter, repair, or reconstruct a library or make any improvements	7381
or repairs, the cost of which will exceed twenty-five thousand	7382
dollars, except in cases of urgent necessity or for the security	7383
and protection of library property, it shall proceed as follows:	7384

(A) The board shall advertise for a period of two weeks for	7385
sealed bids in ~~some~~a newspaper of general circulation in the	7386
district~~, and, if there are two such newspapers, the board shall~~	7387
~~advertise in both of them~~or as provided in section 7.16 of the	7388
Revised Code. If no newspaper has a general circulation in the	7389
district, the board shall post the advertisement in three public	7390
places in the district. The advertisement shall be entered in	7391
full by the fiscal officer on the record of proceedings of the	7392
board.	7393

(B) The sealed bids shall be filed with the fiscal officer	7394
by twelve noon of the last day stated in the advertisement.	7395

(C) The sealed bids shall be opened at the next meeting of	7396
the board, shall be publicly read by the fiscal officer, and	7397
shall be entered in full on the records of the board; provided	7398
that the board, by resolution, may provide for the public opening	7399
and reading of the bids by the fiscal officer, immediately after	7400
the time for their filing has expired, at the usual place of	7401
meeting of the board, and for the tabulation of the bids and a	7402
report of the tabulation to the board at its next meeting.	7403

(D) Each sealed bid shall contain the name of every person	7404
interested in it and shall meet the requirements of section 153.54	7405
of the Revised Code.	7406

(E) When both labor and materials are embraced in the work	7407
bid for, the board may require that each be separately stated in	7408
the sealed bid, with their price, or may require that bids be	7409
submitted without the separation.	7410

(F) None but the lowest responsible bid shall be accepted.	7411
The board may reject all the bids or accept any bid for both labor	7412
and material for the improvement or repair which is the lowest in	7413
the aggregate.	7414

(G) The contract shall be between the board and the bidders.	7415
The board shall pay the contract price for the work in cash at the	7416
times and in the amounts as provided by sections 153.12, 153.13,	7417
and 153.14 of the Revised Code.	7418

(H) When two or more bids are equal, in whole or in part, and	7419
are lower than any others, either may be accepted, but in no case	7420
shall the work be divided between these bidders.	7421

(I) When there is reason to believe there is collusion or	7422
combination among the bidders, the bids of those concerned in the	7423
collusion or combination shall be rejected.	7424

Sec. 3381.11. The board of trustees of a regional arts and	7425
cultural district or any officer or employee designated by such	7426
board may make any contract for the purchase of supplies or	7427
material or for labor for any work, under the supervision of the	7428
board, the cost of which shall not exceed ten thousand dollars.	7429
When an expenditure, other than for the acquisition of real	7430
estate, the discharge of noncontractual claims, personal services,	7431
or for the product or services of public utilities, exceeds ten	7432
thousand dollars, such expenditure shall be made only after a	7433
notice calling for bids has been published once a week for two	7434
consecutive weeks in ~~at least~~ one newspaper of general circulation	7435
within the territory of the district or as provided in section	7436
7.16 of the Revised Code. The board may then let said contract to	7437
the lowest and best bidder, who shall give a good and approved	7438
bond with ample security conditioned on the carrying out of the	7439
contract. Such contract shall be in writing and shall be	7440
accompanied by or shall refer to plans and specifications for the	7441
work to be done, approved by the board. The plans and	7442
specifications shall at all times be made and considered part of	7443
the contract. The contract shall be approved by the board and	7444
signed on behalf of the district and by the contractor. No sale of	7445
any real or personal property or a lease thereof having a term	7446
thereof in excess of five years shall be made except with the	7447
highest and best bidder after publication of notice for bids in	7448
the manner above provided.	7449

Competitive bidding under this section is not required when:

7450

(A) The board, by a two-thirds affirmative vote of its	7451
members, determines that a real and present emergency exists and	7452
such determination and the reasons therefor are entered in the	7453
proceedings of the board, when:	7454

(1) The estimated cost is less than fifteen thousand dollars;	7455
or	7456

(2) There is actual physical damage to structures or	7457
equipment.	7458

(B) Such purchase consists of supplies or a replacement or	7459
supplemental part or parts for a product or equipment owned or	7460
leased by the district and the only source of supply for such	7461
supplies, part, or parts is limited to a single supplier;	7462

(C) The lease is a renewal of a lease for electronic data	7463
processing equipment, services, or systems;	7464

(D) Services or supplies are available from a qualified	7465
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	7466
Revised Code;	7467

(E) With respect to any contract, agreement, or lease by a	7468
district with any arts or cultural organization or any	7469
governmental body or agency.	7470

Sec. 3501.03. At least ten days before the time for holding	7471
an election the board of elections shall give public notice by a	7472
proclamation, posted in a conspicuous place in the courthouse and	7473
city hall, or by one insertion in a newspaper ~~published~~of general	7474
circulation in the county~~, but if no newspaper is published in~~	7475
~~such county, then in a newspaper of general circulation therein~~.	7476

The board shall have authority to publicize information	7477
relative to registration or elections.	7478

Sec. 3505.13. A contract for the printing of ballots	7479
involving a cost in excess of ten thousand dollars shall not be	7480
let until after five days' notice published once in a ~~leading~~	7481
newspaper ~~published~~of general circulation in the county or upon	7482
notice given by mail by the board of elections, addressed to the	7483
responsible printing offices within the state. Except as otherwise	7484
provided in this section, each bid for such printing must be	7485
accompanied by a bond with at least two sureties, or a surety	7486
company, satisfactory to the board, in a sum double the amount of	7487
the bid, conditioned upon the faithful performance of the contract	7488
for such printing as is awarded and for the payment as damages by	7489
such bidder to the board of any excess of cost over the bid which	7490
it may be obliged to pay for such work by reason of the failure of	7491
the bidder to complete the contract. No bid unaccompanied by such	7492
bond shall be considered by the board. The board may, however,	7493
waive the requirement that each bid be accompanied by a bond if	7494
the cost of the contract is ten thousand dollars or less. The	7495
contract shall be let to the lowest responsible bidder in the	7496
state. All ballots shall be printed within the state.	7497

Sec. 3709.21. The board of health of a general health	7498
district may make such orders and regulations as are necessary for	7499
its own government, for the public health, the prevention or	7500
restriction of disease, and the prevention, abatement, or	7501
suppression of nuisances. Such board may require that no human,	7502
animal, or household wastes from sanitary installations within the	7503
district be discharged into a storm sewer, open ditch, or	7504
watercourse without a permit therefor having been secured from the	7505
board under such terms as the board requires. All orders and	7506
regulations not for the government of the board, but intended for	7507
the general public, shall be adopted, recorded, and certified as	7508
are ordinances of municipal corporations and the record thereof	7509
shall be given in all courts the same effect as is given such	7510
ordinances, but the advertisements of such orders and regulations	7511
shall be by publication in ~~one~~a newspaper ~~published and~~ of	7512
general circulation within the district. Publication shall be made	7513
once a week for two consecutive weeks or as provided in section	7514
7.16 of the Revised Code, and such orders and regulations shall	7515
take effect and be in force ten days from the date of the first	7516
publication. In cases of emergency caused by epidemics of	7517
contagious or infectious diseases, or conditions or events	7518
endangering the public health, the board may declare such orders	7519
and regulations to be emergency measures, and such orders and	7520
regulations shall become effective immediately without such	7521
advertising, recording, and certifying.	7522

Sec. 3735.36. When a metropolitan housing authority has	7523
acquired the property necessary for any project, it shall proceed	7524
to make plans and specifications for carrying out such project,	7525
and shall advertise for bids for all work ~~which~~that it desires to	7526
have done by contract, such advertisements to be published as	7527
provided in section 7.16 of the Revised Code or once a week for	7528
two consecutive weeks in a newspaper of general circulation in the	7529
political subdivision in which the project is to be developed. The	7530
contract shall be awarded to the lowest and best bidder.	7531

Sec. 3735.66. The legislative authorities of municipal	7532
corporations and counties may survey the housing within their	7533
jurisdictions and, after the survey, may adopt resolutions	7534
describing the boundaries of community reinvestment areas which	7535
contain the conditions required for the finding under division (B)	7536
of section 3735.65 of the Revised Code. The findings resulting	7537
from the survey shall be incorporated in the resolution describing	7538
the boundaries of an area. The legislative authority may stipulate	7539
in the resolution that only new structures or remodeling	7540
classified as to use as commercial, industrial, or residential, or	7541
some combination thereof, and otherwise satisfying the	7542
requirements of section 3735.67 of the Revised Code are eligible	7543
for exemption from taxation under that section. If the resolution	7544
does not include such a stipulation, all new structures and	7545
remodeling satisfying the requirements of section 3735.67 of the	7546
Revised Code are eligible for exemption from taxation regardless	7547
of classification. Whether or not the resolution includes such a	7548
stipulation, the classification of the structures or remodeling	7549
eligible for exemption in the area shall at all times be	7550
consistent with zoning restrictions applicable to the area. For	7551
the purposes of sections 3735.65 to 3735.70 of the Revised Code,	7552
whether a structure or remodeling composed of multiple units is	7553
classified as commercial or residential shall be determined by	7554
resolution or ordinance of the legislative authority or, in the	7555
absence of such a determination, by the classification of the use	7556
of the structure or remodeling under the applicable zoning	7557
regulations.	7558

If construction or remodeling classified as residential is	7559
eligible for exemption from taxation, the resolution shall specify	7560
a percentage, not to exceed one hundred per cent, of the assessed	7561
valuation of such property to be exempted. The percentage	7562
specified shall apply to all residential construction or	7563
remodeling for which exemption is granted.	7564

The resolution adopted pursuant to this section shall be	7565
published in a newspaper of general circulation in the municipal	7566
corporation, if the resolution is adopted by the legislative	7567
authority of a municipal corporation, or in a newspaper of general	7568
circulation in the county, if the resolution is adopted by the	7569
legislative authority of the county, once a week for two	7570
consecutive weeks or as provided in section 7.16 of the Revised	7571
Code, immediately following its adoption.	7572

Each legislative authority adopting a resolution pursuant to	7573
this section shall designate a housing officer. In addition, each	7574
such legislative authority, not later than fifteen days after the	7575
adoption of the resolution, shall petition the director of	7576
development for the director to confirm the findings described in	7577
the resolution. The petition shall be accompanied by a copy of the	7578
resolution and by a map of the community reinvestment area in	7579
sufficient detail to denote the specific boundaries of the area	7580
and to indicate zoning restrictions applicable to the area. The	7581
director shall determine whether the findings contained in the	7582
resolution are valid, and whether the classification of structures	7583
or remodeling eligible for exemption under the resolution is	7584
consistent with zoning restrictions applicable to the area as	7585
indicated on the map. Within thirty days of receiving the	7586
petition, the director shall forward the director's determination	7587
to the legislative authority. The legislative authority or housing	7588
officer shall not grant any exemption from taxation under section	7589
3735.67 of the Revised Code until the director forwards the	7590
director's determination to the legislative authority. The	7591
director shall assign to each community reinvestment area a unique	7592
designation by which the area shall be identified for purposes of	7593
sections 3735.65 to 3735.70 of the Revised Code.	7594

If zoning restrictions in any part of a community	7595
reinvestment area are changed at any time after the legislative	7596
authority petitions the director under this section, the	7597
legislative authority shall notify the director and shall submit a	7598
map of the area indicating the new zoning restrictions in the	7599
area.	7600

Sec. 4301.80. (A) As used in this section, "community	7601
entertainment district" means a bounded area that includes or will	7602
include a combination of entertainment, retail, educational,	7603
sporting, social, cultural, or arts establishments within close	7604
proximity to some or all of the following types of establishments	7605
within the district, or other types of establishments similar to	7606
these:	7607

(1) Hotels;

7608

(2) Restaurants;

7609

(3) Retail sales establishments;

7610

(4) Enclosed shopping centers;

7611

(5) Museums;

7612

(6) Performing arts theaters;

7613

(7) Motion picture theaters;

7614

(8) Night clubs;

7615

(9) Convention facilities;

7616

(10) Sports facilities;

7617

(11) Entertainment facilities or complexes;

7618

(12) Any combination of the establishments described in	7619
division (A)(1) to (11) of this section that provide similar	7620
services to the community.	7621

(B) Any owner of property located in a municipal corporation	7622
seeking to have that property, or that property and other	7623
surrounding property, designated as a community entertainment	7624
district shall file an application seeking this designation with	7625
the mayor of the municipal corporation in which that property is	7626
located. Any owner of property located in the unincorporated area	7627
of a township seeking to have that property, or that property and	7628
other surrounding property, designated as a community	7629
entertainment district shall file an application seeking this	7630
designation with the board of township trustees of the township in	7631
whose unincorporated area that property is located. An application	7632
to designate an area as a community entertainment district shall	7633
contain all of the following:	7634

(1) The applicant's name and address;

7635

(2) A map or survey of the proposed community entertainment	7636
district in sufficient detail to identify the boundaries of the	7637
district and the property owned by the applicant;	7638

(3) A general statement of the nature and types of	7639
establishments described in division (A) of this section that are	7640
or will be located within the proposed community improvement	7641
district and any other establishments located in the proposed	7642
community entertainment district that are not described in	7643
division (A) of this section;	7644

(4) If some or all of the establishments within the proposed	7645
community entertainment district have not yet been developed, the	7646
proposed time frame for completing the development of these	7647
establishments;	7648

(5) Evidence that the uses of land within the proposed	7649
community entertainment district are in accord with the municipal	7650
corporation's or township's master zoning plan or map;	7651

(6) A certificate from a surveyor or engineer licensed under	7652
Chapter 4733. of the Revised Code indicating that the area	7653
encompassed by the proposed community entertainment district	7654
contains no less than twenty contiguous acres;	7655

(7) A handling and processing fee to accompany the	7656
application, payable to the applicable municipal corporation or	7657
township, in an amount determined by that municipal corporation or	7658
township.	7659

(C) An application described in division (B) of this section	7660
relating to an area located in a municipal corporation shall be	7661
addressed and submitted to the mayor of the municipal corporation	7662
in which the area described in the application is located. The	7663
mayor, within thirty days after receiving the application, shall	7664
submit the application with the mayor's recommendation to the	7665
legislative authority of the municipal corporation. An application	7666
described in division (B) of this section relating to an area	7667
located in the unincorporated area of a township shall be	7668
addressed and submitted to the board of township trustees of the	7669
township in whose unincorporated area the area described in the	7670
application is located. The application is a public record for	7671
purposes of section 149.43 of the Revised Code upon its receipt by	7672
the mayor or board of township trustees.	7673

Within thirty days after it receives the application and the	7674
mayor's recommendations relating to the application, the	7675
legislative authority of the municipal corporation, by notice	7676
published once a week for two consecutive weeks in ~~at least~~ one	7677
newspaper of general circulation in the municipal corporation or	7678
as provided in section 7.16 of the Revised Code, shall notify the	7679
public that the application is on file in the office of the clerk	7680
of the municipal corporation and is available for inspection by	7681
the public during regular business hours. Within thirty days after	7682
it receives the application, the board of township trustees, by	7683
notice published once a week for two consecutive weeks in ~~at least~~	7684
one newspaper of general circulation in the township or as	7685
provided in section 7.16 of the Revised Code, shall notify the	7686
public that the application is on file in the office of the	7687
township fiscal officer and is available for inspection by the	7688
public during regular business hours. The notice shall also	7689
indicate the date and time of any public hearing by the	7690
legislative authority or board of township trustees on the	7691
application.	7692

Within seventy-five days after the date the application is	7693
filed with the mayor of a municipal corporation, the legislative	7694
authority of the municipal corporation by ordinance or resolution	7695
shall approve or disapprove the application based on whether the	7696
proposed community entertainment district does or will	7697
substantially contribute to entertainment, retail, educational,	7698
sporting, social, cultural, or arts opportunities for the	7699
community. The community considered shall at a minimum include the	7700
municipal corporation in which the community is located. Any	7701
approval of an application shall be by an affirmative majority	7702
vote of the legislative authority.	7703

Within seventy-five days after the date the application is	7704
filed with a board of township trustees, the board by resolution	7705
shall approve or disapprove the application based on whether the	7706
proposed community entertainment district does or will	7707
substantially contribute to entertainment, retail, educational,	7708
sporting, social, cultural, or arts opportunities for the	7709
community. The community considered shall at a minimum include the	7710
township in which the community is located. Any approval of an	7711
application shall be by an affirmative majority vote of the board	7712
of township trustees.	7713

If the legislative authority or board of township trustees	7714
disapproves the application, the applicant may make changes in the	7715
application to secure its approval by the legislative authority or	7716
board of township trustees. Any area approved by the legislative	7717
authority or board of township trustees constitutes a community	7718
entertainment district, and a local option election may be	7719
conducted in the district, as a type of community facility, under	7720
section 4301.356 of the Revised Code.	7721

(D) All or part of an area designated as a community	7722
entertainment district may lose this designation as provided in	7723
this division. The legislative authority of a municipal	7724
corporation in which a community entertainment district is	7725
located, or the board of township trustees of the township in	7726
whose unincorporated area a community entertainment district is	7727
located, after giving notice of its proposed action by publication	7728
once a week for two consecutive weeks in ~~at least~~ one newspaper of	7729
general circulation in the municipal corporation or township or as	7730
provided in section 7.16 of the Revised Code, may determine by	7731
ordinance or resolution in the case of the legislative authority	7732
of a municipal corporation, or by resolution in the case of a	7733
board of township trustees of a township, that all or part of the	7734
area fails to meet the standards described in this section for	7735
designation of an area as a community entertainment district. If	7736
the legislative authority or board so determines, the area	7737
designated in the ordinance or resolution no longer constitutes a	7738
community entertainment district.	7739

Sec. 4301.81. (A) As used in this section:

7740

(1) "Revitalization district" means a bounded area that	7741
includes or will include a combination of entertainment, retail,	7742
educational, sporting, social, cultural, or arts establishments	7743
within close proximity to some or all of the following types of	7744
establishments within the district, or other types of	7745
establishments similar to these:	7746

(a) Hotels;

7747

(b) Restaurants;

7748

7749

(d) Enclosed shopping centers;

7750

(e) Museums;

7751

(f) Performing arts theaters;

7752

(g) Motion picture theaters;

7753

(h) Night clubs;

7754

(i) Convention facilities;

7755

(j) Sports facilities;

7756

(k) Entertainment facilities or complexes;

7757

(l) Any combination of the establishments described in	7758
divisions (A)(1)(a) to (k) of this section that provide similar	7759
services to the community.	7760

(2) "Municipal corporation" means a municipal corporation	7761
with a population of less than one hundred thousand.	7762

(3) "Township" means a township with a population in its	7763
unincorporated area of less than one hundred thousand.	7764

(B) Any owner of property located in a municipal corporation	7765
seeking to have that property, or that property and other	7766
surrounding property, designated as a revitalization district	7767
shall file an application seeking this designation with the mayor	7768
of the municipal corporation in which that property is located.	7769
Any owner of property located in the unincorporated area of a	7770
township seeking to have that property, or that property and other	7771
surrounding property, designated as a revitalization district	7772
shall file an application seeking this designation with the board	7773
of township trustees of the township in whose unincorporated area	7774
that property is located. An application to designate an area as a	7775
revitalization district shall contain all of the following:	7776

(1) The applicant's name and address;

7777

(2) A map or survey of the proposed revitalization district	7778
in sufficient detail to identify the boundaries of the district	7779
and the property owned by the applicant;	7780

(3) A general statement of the nature and types of	7781
establishments described in division (A) of this section that are	7782
or will be located within the proposed revitalization district and	7783
any other establishments located in the proposed revitalization	7784
district that are not described in division (A) of this section;	7785

(4) If some or all of the establishments within the proposed	7786
revitalization district have not yet been developed, the proposed	7787
time frame for completing the development of these establishments;	7788

(5) Evidence that the uses of land within the proposed	7789
revitalization district are in accord with the municipal	7790
corporation's or township's master zoning plan or map; and	7791

(6) A handling and processing fee to accompany the	7792
application, payable to the applicable municipal corporation or	7793
township, in an amount determined by that municipal corporation or	7794
township.	7795

(C) An application relating to an area located in a municipal	7796
corporation shall be addressed and submitted to the mayor of the	7797
municipal corporation in which the area described in the	7798
application is located. The mayor, within thirty days after	7799
receiving the application, shall submit the application with the	7800
mayor's recommendation to the legislative authority of the	7801
municipal corporation. An application relating to an area located	7802
in the unincorporated area of a township shall be addressed and	7803
submitted to the board of township trustees of the township in	7804
whose unincorporated area the area described in the application is	7805
located. The application is a public record for purposes of	7806
section 149.43 of the Revised Code upon its receipt by the mayor	7807
or board of township trustees.	7808

Within thirty days after it receives the application and the	7809
mayor's recommendations relating to the application, the	7810
legislative authority of the municipal corporation, by notice	7811
published once a week for two consecutive weeks in ~~at least~~ one	7812
newspaper of general circulation in the municipal corporation or	7813
as provided in section 7.16 of the Revised Code, shall notify the	7814
public that the application is on file in the office of the clerk	7815
of the municipal corporation and is available for inspection by	7816
the public during regular business hours. Within thirty days after	7817
it receives the application, the board of township trustees, by	7818
notice published once a week for two consecutive weeks in ~~at least~~	7819
one newspaper of general circulation in the township or as	7820
provided in section 7.16 of the Revised Code, shall notify the	7821
public that the application is on file in the office of the	7822
township fiscal officer and is available for inspection by the	7823
public during regular business hours. The notice shall also	7824
indicate the date and time of any public hearing by the municipal	7825
legislative authority or board of township trustees on the	7826
application.	7827

Within seventy-five days after the date the application is	7828
filed with the mayor of a municipal corporation, the legislative	7829
authority of the municipal corporation by ordinance or resolution	7830
shall approve or disapprove the application based on whether the	7831
proposed revitalization district does or will substantially	7832
contribute to entertainment, retail, educational, sporting,	7833
social, cultural, or arts opportunities for the community. The	7834
community considered shall at a minimum include the municipal	7835
corporation in which the community is located. Any approval of an	7836
application shall be by an affirmative majority vote of the	7837
legislative authority. Not more than one revitalization district	7838
shall be designated within the municipal corporation.	7839

Within seventy-five days after the date the application is	7840
filed with a board of township trustees, the board by resolution	7841
shall approve or disapprove the application based on whether the	7842
proposed revitalization district does or will substantially	7843
contribute to entertainment, retail, educational, sporting,	7844
social, cultural, or arts opportunities for the community. The	7845
community considered shall at a minimum include the township in	7846
which the community is located. Any approval of an application	7847
shall be by an affirmative majority vote of the board of township	7848
trustees. Not more than one revitalization district shall be	7849
designated within the unincorporated area of the township.	7850

If the municipal legislative authority or board of township	7851
trustees disapproves the application, the applicant may make	7852
changes in the application to secure its approval by the	7853
legislative authority or board of township trustees. Any area	7854
approved by the legislative authority or board of township	7855
trustees constitutes a revitalization district, and a local option	7856
election may be conducted in the district, as a type of community	7857
facility, under section 4301.356 of the Revised Code.	7858

(D) All or part of an area designated as a revitalization	7859
district may lose this designation as provided in this division.	7860
The legislative authority of a municipal corporation in which a	7861
revitalization district is located, or the board of township	7862
trustees of the township in whose unincorporated area a	7863
revitalization district is located, after giving notice of its	7864
proposed action by publication once a week for two consecutive	7865
weeks in ~~at least~~ one newspaper of general circulation in the	7866
municipal corporation or township or as provided in section 7.16	7867
of the Revised Code, may determine by ordinance or resolution in	7868
the case of the legislative authority of a municipal corporation,	7869
or by resolution in the case of a board of township trustees of a	7870
township, that all or part of the area fails to meet the	7871
standards described in this section for designation of an area as	7872
a revitalization district. If the legislative authority or board	7873
so determines, the area designated in the ordinance or resolution	7874
no longer constitutes a revitalization district.	7875

Sec. 4503.06. (A) The owner of each manufactured or mobile	7876
home that has acquired situs in this state shall pay either a real	7877
property tax pursuant to Title LVII of the Revised Code or a	7878
manufactured home tax pursuant to division (C) of this section.	7879

(B) The owner of a manufactured or mobile home shall pay real	7880
property taxes if either of the following applies:	7881

(1) The manufactured or mobile home acquired situs in the	7882
state or ownership in the home was transferred on or after January	7883
1, 2000, and all of the following apply:	7884

(a) The home is affixed to a permanent foundation as defined	7885
in division (C)(5) of section 3781.06 of the Revised Code.	7886

(b) The home is located on land that is owned by the owner of	7887
the home.	7888

(c) The certificate of title has been inactivated by the	7889
clerk of the court of common pleas that issued it, pursuant to	7890
division (H) of section 4505.11 of the Revised Code.	7891

(2) The manufactured or mobile home acquired situs in the	7892
state or ownership in the home was transferred before January 1,	7893
2000, and all of the following apply:	7894

(a) The home is affixed to a permanent foundation as defined	7895
in division (C)(5) of section 3781.06 of the Revised Code.	7896

(b) The home is located on land that is owned by the owner of	7897
the home.	7898

(c) The owner of the home has elected to have the home taxed	7899
as real property and, pursuant to section 4505.11 of the Revised	7900
Code, has surrendered the certificate of title to the auditor of	7901
the county containing the taxing district in which the home has	7902
its situs, together with proof that all taxes have been paid.	7903

(d) The county auditor has placed the home on the real	7904
property tax list and delivered the certificate of title to the	7905
clerk of the court of common pleas that issued it and the clerk	7906
has inactivated the certificate.	7907

(C)(1) Any mobile or manufactured home that is not taxed as	7908
real property as provided in division (B) of this section is	7909
subject to an annual manufactured home tax, payable by the owner,	7910
for locating the home in this state. The tax as levied in this	7911
section is for the purpose of supplementing the general revenue	7912
funds of the local subdivisions in which the home has its situs	7913
pursuant to this section.	7914

(2) The year for which the manufactured home tax is levied	7915
commences on the first day of January and ends on the following	7916
thirty-first day of December. The state shall have the first lien	7917
on any manufactured or mobile home on the list for the amount of	7918
taxes, penalties, and interest charged against the owner of the	7919
home under this section. The lien of the state for the tax for a	7920
year shall attach on the first day of January to a home that has	7921
acquired situs on that date. The lien for a home that has not	7922
acquired situs on the first day of January, but that acquires	7923
situs during the year, shall attach on the next first day of	7924
January. The lien shall continue until the tax, including any	7925
penalty or interest, is paid.	7926

(3)(a) The situs of a manufactured or mobile home located in	7927
this state on the first day of January is the local taxing	7928
district in which the home is located on that date.	7929

(b) The situs of a manufactured or mobile home not located in	7930
this state on the first day of January, but located in this state	7931
subsequent to that date, is the local taxing district in which the	7932
home is located thirty days after it is acquired or first enters	7933
this state.	7934

(4) The tax is collected by and paid to the county treasurer	7935
of the county containing the taxing district in which the home has	7936
its situs.	7937

(D) The manufactured home tax shall be computed and assessed	7938
by the county auditor of the county containing the taxing district	7939
in which the home has its situs as follows:	7940

(1) On a home that acquired situs in this state prior to	7941
January 1, 2000:	7942

(a) By multiplying the assessable value of the home by the	7943
tax rate of the taxing district in which the home has its situs,	7944
and deducting from the product thus obtained any reduction	7945
authorized under section 4503.065 of the Revised Code. The tax	7946
levied under this formula shall not be less than thirty-six	7947
dollars, unless the home qualifies for a reduction in assessable	7948
value under section 4503.065 of the Revised Code, in which case	7949
there shall be no minimum tax and the tax shall be the amount	7950
calculated under this division.	7951

(b) The assessable value of the home shall be forty per cent	7952
of the amount arrived at by the following computation:	7953

(i) If the cost to the owner, or market value at time of	7954
purchase, whichever is greater, of the home includes the	7955
furnishings and equipment, such cost or market value shall be	7956
multiplied according to the following schedule:	7957

For the first calendar year			7958
in which the			7959
home is owned by the			7960
current owner	x	80%	7961
2nd calendar year	x	75%	7962
3rd "	x	70%	7963
4th "	x	65%	7964
5th "	x	60%	7965
6th "	x	55%	7966
7th "	x	50%	7967
8th "	x	45%	7968
9th "	x	40%	7969
10th and each year thereafter	x	35%	7970

The first calendar year means any period between the first	7971
day of January and the thirty-first day of December of the first	7972
year.	7973

(ii) If the cost to the owner, or market value at the time of	7974
purchase, whichever is greater, of the home does not include the	7975
furnishings and equipment, such cost or market value shall be	7976
multiplied according to the following schedule:	7977

For the first calendar year			7978
in which the			7979
home is owned by the			7980
current owner	x	95%	7981
2nd calendar year	x	90%	7982
3rd "	x	85%	7983
4th "	x	80%	7984
5th "	x	75%	7985
6th "	x	70%	7986
7th "	x	65%	7987
8th "	x	60%	7988
9th "	x	55%	7989
10th and each year thereafter	x	50%	7990

The first calendar year means any period between the first	7991
day of January and the thirty-first day of December of the first	7992
year.	7993

(2) On a home in which ownership was transferred or that	7994
first acquired situs in this state on or after January 1, 2000:	7995

(a) By multiplying the assessable value of the home by the	7996
effective tax rate, as defined in section 323.08 of the Revised	7997
Code, for residential real property of the taxing district in	7998
which the home has its situs, and deducting from the product thus	7999
obtained the reductions required or authorized under section	8000
319.302, division (B) of section 323.152, or section 4503.065 of	8001
the Revised Code.	8002

(b) The assessable value of the home shall be thirty-five per	8003
cent of its true value as determined under division (L) of this	8004
section.	8005

(3) On or before the fifteenth day of January each year, the	8006
county auditor shall record the assessable value and the amount of	8007
tax on the manufactured or mobile home on the tax list and deliver	8008
a duplicate of the list to the county treasurer. In the case of an	8009
emergency as defined in section 323.17 of the Revised Code, the	8010
tax commissioner, by journal entry, may extend the times for	8011
delivery of the duplicate for an additional fifteen days upon	8012
receiving a written application from the county auditor regarding	8013
an extension for the delivery of the duplicate, or from the county	8014
treasurer regarding an extension of the time for the billing and	8015
collection of taxes. The application shall contain a statement	8016
describing the emergency that will cause the unavoidable delay and	8017
must be received by the tax commissioner on or before the last day	8018
of the month preceding the day delivery of the duplicate is	8019
otherwise required. When an extension is granted for delivery of	8020
the duplicate, the time period for payment of taxes shall be	8021
extended for a like period of time. When a delay in the closing of	8022
a tax collection period becomes unavoidable, the tax commissioner,	8023
upon application by the county auditor and county treasurer, may	8024
order the time for payment of taxes to be extended if the tax	8025
commissioner determines that penalties have accrued or would	8026
otherwise accrue for reasons beyond the control of the taxpayers	8027
of the county. The order shall prescribe the final extended date	8028
for payment of taxes for that collection period.	8029

(4) After January 1, 1999, the owner of a manufactured or	8030
mobile home taxed pursuant to division (D)(1) of this section may	8031
elect to have the home taxed pursuant to division (D)(2) of this	8032
section by filing a written request with the county auditor of the	8033
taxing district in which the home is located on or before the	8034
first day of December of any year. Upon the filing of the request,	8035
the county auditor shall determine whether all taxes levied under	8036
division (D)(1) of this section have been paid, and if those taxes	8037
have been paid, the county auditor shall tax the manufactured or	8038
mobile home pursuant to division (D)(2) of this section commencing	8039
in the next tax year.	8040

(5) A manufactured or mobile home that acquired situs in this	8041
state prior to January 1, 2000, shall be taxed pursuant to	8042
division (D)(2) of this section if no manufactured home tax had	8043
been paid for the home and the home was not exempted from taxation	8044
pursuant to division (E) of this section for the year for which	8045
the taxes were not paid.	8046

(6)(a) Immediately upon receipt of any manufactured home tax	8047
duplicate from the county auditor, but not less than twenty days	8048
prior to the last date on which the first one-half taxes may be	8049
paid without penalty as prescribed in division (F) of this	8050
section, the county treasurer shall cause to be prepared and	8051
mailed or delivered to each person charged on that duplicate with	8052
taxes, or to an agent designated by such person, the tax bill	8053
prescribed by the tax commissioner under division (D)(7) of this	8054
section. When taxes are paid by installments, the county	8055
treasurer shall mail or deliver to each person charged on such	8056
duplicate or the agent designated by that person a second tax bill	8057
showing the amount due at the time of the second tax collection.	8058
The second half tax bill shall be mailed or delivered at least	8059
twenty days prior to the close of the second half tax collection	8060
period. A change in the mailing address of any tax bill shall be	8061
made in writing to the county treasurer. Failure to receive a bill	8062
required by this section does not excuse failure or delay to pay	8063
any taxes shown on the bill or, except as provided in division	8064
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	8065
interest, or charge for such delay.	8066

(b) After delivery of the copy of the delinquent manufactured	8067
home tax list under division (H) of this section, the county	8068
treasurer may prepare and mail to each person in whose name a home	8069
is listed an additional tax bill showing the total amount of	8070
delinquent taxes charged against the home as shown on the list.	8071
The tax bill shall include a notice that the interest charge	8072
prescribed by division (G) of this section has begun to accrue.	8073

(7) Each tax bill prepared and mailed or delivered under	8074
division (D)(6) of this section shall be in the form and contain	8075
the information required by the tax commissioner. The commissioner	8076
may prescribe different forms for each county and may authorize	8077
the county auditor to make up tax bills and tax receipts to be	8078
used by the county treasurer. The tax bill shall not contain or	8079
be mailed or delivered with any information or material that is	8080
not required by this section or that is not authorized by section	8081
321.45 of the Revised Code or by the tax commissioner. In addition	8082
to the information required by the commissioner, each tax bill	8083
shall contain the following information:	8084

(a) The taxes levied and the taxes charged and payable	8085
against the manufactured or mobile home;	8086

(b) The following notice: "Notice: If the taxes are not paid	8087
within sixty days after the county auditor delivers the delinquent	8088
manufactured home tax list to the county treasurer, you and your	8089
home may be subject to collection proceedings for tax	8090
delinquency." Failure to provide such notice has no effect upon	8091
the validity of any tax judgment to which a home may be subjected.	8092

(c) In the case of manufactured or mobile homes taxed under	8093
division (D)(2) of this section, the following additional	8094
information:	8095

(i) The effective tax rate. The words "effective tax rate"	8096
shall appear in boldface type.	8097

(ii) The following notice: "Notice: If the taxes charged	8098
against this home have been reduced by the 2-1/2 per cent tax	8099
reduction for residences occupied by the owner but the home is not	8100
a residence occupied by the owner, the owner must notify the	8101
county auditor's office not later than March 31 of the year for	8102
which the taxes are due. Failure to do so may result in the owner	8103
being convicted of a fourth degree misdemeanor, which is	8104
punishable by imprisonment up to 30 days, a fine up to $250, or	8105
both, and in the owner having to repay the amount by which the	8106
taxes were erroneously or illegally reduced, plus any interest	8107
that may apply.	8108

If the taxes charged against this home have not been reduced	8109
by the 2-1/2 per cent tax reduction and the home is a residence	8110
occupied by the owner, the home may qualify for the tax reduction.	8111
To obtain an application for the tax reduction or further	8112
information, the owner may contact the county auditor's office at	8113
.......... (insert the address and telephone number of the county	8114
auditor's office)."	8115

(E)(1) A manufactured or mobile home is not subject to this	8116
section when any of the following applies:	8117

(a) It is taxable as personal property pursuant to section	8118
5709.01 of the Revised Code. Any manufactured or mobile home that	8119
is used as a residence shall be subject to this section and shall	8120
not be taxable as personal property pursuant to section 5709.01 of	8121
the Revised Code.	8122

(b) It bears a license plate issued by any state other than	8123
this state unless the home is in this state in excess of an	8124
accumulative period of thirty days in any calendar year.	8125

(c) The annual tax has been paid on the home in this state	8126
for the current year.	8127

(d) The tax commissioner has determined, pursuant to section	8128
5715.27 of the Revised Code, that the property is exempt from	8129
taxation, or would be exempt from taxation under Chapter 5709. of	8130
the Revised Code if it were classified as real property.	8131

(2) A travel trailer or park trailer, as these terms are	8132
defined in section 4501.01 of the Revised Code, is not subject to	8133
this section if it is unused or unoccupied and stored at the	8134
owner's normal place of residence or at a recognized storage	8135
facility.	8136

(3) A travel trailer or park trailer, as these terms are	8137
defined in section 4501.01 of the Revised Code, is subject to this	8138
section and shall be taxed as a manufactured or mobile home if it	8139
has a situs longer than thirty days in one location and is	8140
connected to existing utilities, unless either of the following	8141
applies:	8142

(a) The situs is in a state facility or a camping or park	8143
area as defined in division (C), (Q), (S), or (V) of section	8144
3729.01 of the Revised Code.	8145

(b) The situs is in a camping or park area that is a tract of	8146
land that has been limited to recreational use by deed or zoning	8147
restrictions and subdivided for sale of five or more individual	8148
lots for the express or implied purpose of occupancy by either	8149
self-contained recreational vehicles as defined in division (T) of	8150
section 3729.01 of the Revised Code or by dependent recreational	8151
vehicles as defined in division (D) of section 3729.01 of the	8152
Revised Code.	8153

(F) Except as provided in division (D)(3) of this section,	8154
the manufactured home tax is due and payable as follows:	8155

(1) When a manufactured or mobile home has a situs in this	8156
state, as provided in this section, on the first day of January,	8157
one-half of the amount of the tax is due and payable on or before	8158
the first day of March and the balance is due and payable on or	8159
before the thirty-first day of July. At the option of the owner of	8160
the home, the tax for the entire year may be paid in full on the	8161
first day of March.	8162

(2) When a manufactured or mobile home first acquires a situs	8163
in this state after the first day of January, no tax is due and	8164
payable for that year.	8165

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	8166
of this section, if one-half of the current taxes charged under	8167
this section against a manufactured or mobile home, together with	8168
the full amount of any delinquent taxes, are not paid on or before	8169
the first day of March in that year, or on or before the last day	8170
for such payment as extended pursuant to section 4503.063 of the	8171
Revised Code, a penalty of ten per cent shall be charged against	8172
the unpaid balance of such half of the current taxes. If the total	8173
amount of all such taxes is not paid on or before the thirty-first	8174
day of July, next thereafter, or on or before the last day for	8175
payment as extended pursuant to section 4503.063 of the Revised	8176
Code, a like penalty shall be charged on the balance of the total	8177
amount of the unpaid current taxes.	8178

(b) After a valid delinquent tax contract that includes	8179
unpaid current taxes from a first-half collection period described	8180
in division (F) of this section has been entered into under	8181
section 323.31 of the Revised Code, no ten per cent penalty shall	8182
be charged against such taxes after the second-half collection	8183
period while the delinquent tax contract remains in effect. On the	8184
day a delinquent tax contract becomes void, the ten per cent	8185
penalty shall be charged against such taxes and shall equal the	8186
amount of penalty that would have been charged against unpaid	8187
current taxes outstanding on the date on which the second-half	8188
penalty would have been charged thereon under division (G)(1)(a)	8189
of this section if the contract had not been in effect.	8190

(2)(a) On the first day of the month following the last day	8191
the second installment of taxes may be paid without penalty	8192
beginning in 2000, interest shall be charged against and computed	8193
on all delinquent taxes other than the current taxes that became	8194
delinquent taxes at the close of the last day such second	8195
installment could be paid without penalty. The charge shall be for	8196
interest that accrued during the period that began on the	8197
preceding first day of December and ended on the last day of the	8198
month that included the last date such second installment could be	8199
paid without penalty. The interest shall be computed at the rate	8200
per annum prescribed by section 5703.47 of the Revised Code and	8201
shall be entered as a separate item on the delinquent manufactured	8202
home tax list compiled under division (H) of this section.	8203

(b) On the first day of December beginning in 2000, the	8204
interest shall be charged against and computed on all delinquent	8205
taxes. The charge shall be for interest that accrued during the	8206
period that began on the first day of the month following the last	8207
date prescribed for the payment of the second installment of taxes	8208
in the current year and ended on the immediately preceding last	8209
day of November. The interest shall be computed at the rate per	8210
annum prescribed by section 5703.47 of the Revised Code and shall	8211
be entered as a separate item on the delinquent manufactured home	8212
tax list.	8213

(c) After a valid undertaking has been entered into for the	8214
payment of any delinquent taxes, no interest shall be charged	8215
against such delinquent taxes while the undertaking remains in	8216
effect in compliance with section 323.31 of the Revised Code. If a	8217
valid undertaking becomes void, interest shall be charged against	8218
the delinquent taxes for the periods that interest was not	8219
permitted to be charged while the undertaking was in effect. The	8220
interest shall be charged on the day the undertaking becomes void	8221
and shall equal the amount of interest that would have been	8222
charged against the unpaid delinquent taxes outstanding on the	8223
dates on which interest would have been charged thereon under	8224
divisions (G)(1) and (2) of this section had the undertaking not	8225
been in effect.	8226

(3) If the full amount of the taxes due at either of the	8227
times prescribed by division (F) of this section is paid within	8228
ten days after such time, the county treasurer shall waive the	8229
collection of and the county auditor shall remit one-half of the	8230
penalty provided for in this division for failure to make that	8231
payment by the prescribed time.	8232

(4) The treasurer shall compile and deliver to the county	8233
auditor a list of all tax payments the treasurer has received as	8234
provided in division (G)(3) of this section. The list shall	8235
include any information required by the auditor for the remission	8236
of the penalties waived by the treasurer. The taxes so collected	8237
shall be included in the settlement next succeeding the settlement	8238
then in process.	8239

(H)(1) ~~Beginning in 2000, the~~The county auditor shall	8240
compile annually a "delinquent manufactured home tax list"	8241
consisting of homes the county treasurer's records indicate have	8242
taxes that were not paid within the time prescribed by divisions	8243
(D)(3) and (F) of this section, have taxes that remain unpaid from	8244
prior years, or have unpaid tax penalties or interest that have	8245
been assessed.	8246

(2) Within thirty days after the settlement under division	8247
(H)(2) of section 321.24 of the Revised Code ~~beginning in 2000~~,	8248
the county auditor shall deliver a copy of the delinquent	8249
manufactured home tax list to the county treasurer. The auditor	8250
shall update and publish the delinquent manufactured home tax list	8251
annually in the same manner as delinquent real property tax lists	8252
are published. The county auditor ~~shall~~may apportion the cost of	8253
publishing the list among taxing districts in proportion to the	8254
amount of delinquent manufactured home taxes so published that	8255
each taxing district is entitled to receive upon collection of	8256
those taxes, or may place such cost of publication upon the	8257
delinquent manufactured home tax list as a lien on each listed	8258
home, to be collected as other manufactured home taxes, in the	8259
amount of the actual costs of publication, apportioned equally	8260
among the owners of homes on the list.	8261

(3) When taxes, penalties, or interest are charged against a	8262
person on the delinquent manufactured home tax list and are not	8263
paid within sixty days after the list is delivered to the county	8264
treasurer, the county treasurer shall, in addition to any other	8265
remedy provided by law for the collection of taxes, penalties, and	8266
interest, enforce collection of such taxes, penalties, and	8267
interest by civil action in the name of the treasurer against the	8268
owner for the recovery of the unpaid taxes following the	8269
procedures for the recovery of delinquent real property taxes in	8270
sections 323.25 to 323.28 of the Revised Code. The action may be	8271
brought in municipal or county court, provided the amount charged	8272
does not exceed the monetary limitations for original jurisdiction	8273
for civil actions in those courts.	8274

It is sufficient, having made proper parties to the suit, for	8275
the county treasurer to allege in the treasurer's bill of	8276
particulars or petition that the taxes stand chargeable on the	8277
books of the county treasurer against such person, that they are	8278
due and unpaid, and that such person is indebted in the amount of	8279
taxes appearing to be due the county. The treasurer need not set	8280
forth any other matter relating thereto. If it is found on the	8281
trial of the action that the person is indebted to the state,	8282
judgment shall be rendered in favor of the county treasurer	8283
prosecuting the action. The judgment debtor is not entitled to the	8284
benefit of any law for stay of execution or exemption of property	8285
from levy or sale on execution in the enforcement of the judgment.	8286

Upon the filing of an entry of confirmation of sale or an	8287
order of forfeiture in a proceeding brought under this division,	8288
title to the manufactured or mobile home shall be in the	8289
purchaser. The clerk of courts shall issue a certificate of title	8290
to the purchaser upon presentation of proof of filing of the entry	8291
of confirmation or order and, in the case of a forfeiture,	8292
presentation of the county auditor's certificate of sale.	8293

(I) The total amount of taxes collected shall be distributed	8294
in the following manner: four per cent shall be allowed as	8295
compensation to the county auditor for the county auditor's	8296
service in assessing the taxes; two per cent shall be allowed as	8297
compensation to the county treasurer for the services the county	8298
treasurer renders as a result of the tax levied by this section.	8299
Such amounts shall be paid into the county treasury, to the credit	8300
of the county general revenue fund, on the warrant of the county	8301
auditor. Fees to be paid to the credit of the real estate	8302
assessment fund shall be collected pursuant to division (C) of	8303
section 319.54 of the Revised Code and paid into the county	8304
treasury, on the warrant of the county auditor. The balance of the	8305
taxes collected shall be distributed among the taxing subdivisions	8306
of the county in which the taxes are collected and paid in the	8307
same ratio as those taxes were collected for the benefit of the	8308
taxing subdivision. The taxes levied and revenues collected under	8309
this section shall be in lieu of any general property tax and any	8310
tax levied with respect to the privilege of using or occupying a	8311
manufactured or mobile home in this state except as provided in	8312
sections 4503.04 and 5741.02 of the Revised Code.	8313

(J) An agreement to purchase or a bill of sale for a	8314
manufactured home shall show whether or not the furnishings and	8315
equipment are included in the purchase price.	8316

(K) If the county treasurer and the county prosecuting	8317
attorney agree that an item charged on the delinquent manufactured	8318
home tax list is uncollectible, they shall certify that	8319
determination and the reasons to the county board of revision. If	8320
the board determines the amount is uncollectible, it shall certify	8321
its determination to the county auditor, who shall strike the item	8322
from the list.	8323

(L)(1) The county auditor shall appraise at its true value	8324
any manufactured or mobile home in which ownership is transferred	8325
or which first acquires situs in this state on or after January 1,	8326
2000, and any manufactured or mobile home the owner of which has	8327
elected, under division (D)(4) of this section, to have the home	8328
taxed under division (D)(2) of this section. The true value shall	8329
include the value of the home, any additions, and any fixtures,	8330
but not any furnishings in the home. In determining the true value	8331
of a manufactured or mobile home, the auditor shall consider all	8332
facts and circumstances relating to the value of the home,	8333
including its age, its capacity to function as a residence, any	8334
obsolete characteristics, and other factors that may tend to prove	8335
its true value.	8336

(2)(a) If a manufactured or mobile home has been the subject	8337
of an arm's length sale between a willing seller and a willing	8338
buyer within a reasonable length of time prior to the	8339
determination of true value, the county auditor shall consider the	8340
sale price of the home to be the true value for taxation purposes.	8341

(b) The sale price in an arm's length transaction between a	8342
willing seller and a willing buyer shall not be considered the	8343
true value of the home if either of the following occurred after	8344
the sale:	8345

(i) The home has lost value due to a casualty.

8346

(ii) An addition or fixture has been added to the home.

8347

(3) The county auditor shall have each home viewed and	8348
appraised at least once in each six-year period in the same year	8349
in which real property in the county is appraised pursuant to	8350
Chapter 5713. of the Revised Code, and shall update the appraised	8351
values in the third calendar year following the appraisal. The	8352
person viewing or appraising a home may enter the home to	8353
determine by actual view any additions or fixtures that have been	8354
added since the last appraisal. In conducting the appraisals and	8355
establishing the true value, the auditor shall follow the	8356
procedures set forth for appraising real property in sections	8357
5713.01 and 5713.03 of the Revised Code.	8358

(4) The county auditor shall place the true value of each	8359
home on the manufactured home tax list upon completion of an	8360
appraisal.	8361

(5)(a) If the county auditor changes the true value of a	8362
home, the auditor shall notify the owner of the home in writing,	8363
delivered by mail or in person. The notice shall be given at least	8364
thirty days prior to the issuance of any tax bill that reflects	8365
the change. Failure to receive the notice does not invalidate any	8366
proceeding under this section.	8367

(b) Any owner of a home or any other person or party listed	8368
in division (A)(1) of section 5715.19 of the Revised Code may file	8369
a complaint against the true value of the home as appraised under	8370
this section. The complaint shall be filed with the county auditor	8371
on or before the thirty-first day of March of the current tax year	8372
or the date of closing of the collection for the first half of	8373
manufactured home taxes for the current tax year, whichever is	8374
later. The auditor shall present to the county board of revision	8375
all complaints filed with the auditor under this section. The	8376
board shall hear and investigate the complaint and may take action	8377
on it as provided under sections 5715.11 to 5715.19 of the Revised	8378
Code.	8379

(c) If the county board of revision determines, pursuant to a	8380
complaint against the valuation of a manufactured or mobile home	8381
filed under this section, that the amount of taxes, assessments,	8382
or other charges paid was in excess of the amount due based on the	8383
valuation as finally determined, then the overpayment shall be	8384
refunded in the manner prescribed in section 5715.22 of the	8385
Revised Code.	8386

(d) Payment of all or part of a tax under this section for	8387
any year for which a complaint is pending before the county board	8388
of revision does not abate the complaint or in any way affect the	8389
hearing and determination thereof.	8390

(M) If the county auditor determines that any tax or other	8391
charge or any part thereof has been erroneously charged as a	8392
result of a clerical error as defined in section 319.35 of the	8393
Revised Code, the county auditor shall call the attention of the	8394
county board of revision to the erroneous charges. If the board	8395
finds that the taxes or other charges have been erroneously	8396
charged or collected, it shall certify the finding to the auditor.	8397
Upon receipt of the certification, the auditor shall remove the	8398
erroneous charges on the manufactured home tax list or delinquent	8399
manufactured home tax list in the same manner as is prescribed in	8400
section 319.35 of the Revised Code for erroneous charges against	8401
real property, and refund any erroneous charges that have been	8402
collected, with interest, in the same manner as is prescribed in	8403
section 319.36 of the Revised Code for erroneous charges against	8404
real property.	8405

(N) As used in this section and section 4503.061 of the	8406
Revised Code:	8407

(1) "Manufactured home taxes" includes taxes, penalties, and	8408
interest charged under division (C) or (G) of this section and any	8409
penalties charged under division (G) or (H)(5) of section 4503.061	8410
of the Revised Code.	8411

(2) "Current taxes" means all manufactured home taxes charged	8412
against a manufactured or mobile home that have not appeared on	8413
the manufactured home tax list for any prior year. Current taxes	8414
become delinquent taxes if they remain unpaid after the last day	8415
prescribed for payment of the second installment of current taxes	8416
without penalty, whether or not they have been certified	8417
delinquent.	8418

(3) "Delinquent taxes" means:

8419

(a) Any manufactured home taxes that were charged against a	8420
manufactured or mobile home for a prior year, including any	8421
penalties or interest charged for a prior year and the costs of	8422
publication under division (H)(2) of this section, and that remain	8423
unpaid;	8424

(b) Any current manufactured home taxes charged against a	8425
manufactured or mobile home that remain unpaid after the last day	8426
prescribed for payment of the second installment of current taxes	8427
without penalty, whether or not they have been certified	8428
delinquent, including any penalties or interest and the costs of	8429
publication under division (H)(2) of this section.	8430

Sec. 4504.02. For the purpose of paying the costs of	8431
enforcing and administering the tax provided for in this section;	8432
and for planning, constructing, improving, maintaining, and	8433
repairing public roads, highways, and streets; maintaining and	8434
repairing bridges and viaducts; paying the county's portion of the	8435
costs and expenses of cooperating with the department of	8436
transportation in the planning, improvement, and construction of	8437
state highways; paying the county's portion of the compensation,	8438
damages, cost, and expenses of planning, constructing,	8439
reconstructing, improving, maintaining, and repairing roads;	8440
paying any costs apportioned to the county under section 4907.47	8441
of the Revised Code; paying debt service charges on notes or bonds	8442
of the county issued for such purposes; paying all or part of the	8443
costs and expenses of municipal corporations in planning,	8444
constructing, reconstructing, improving, maintaining, and	8445
repairing highways, roads, and streets designated as necessary or	8446
conducive to the orderly and efficient flow of traffic within and	8447
through the county pursuant to section 4504.03 of the Revised	8448
Code; purchasing, erecting, and maintaining street and traffic	8449
signs and markers; purchasing, erecting, and maintaining traffic	8450
lights and signals; and to supplement revenue already available	8451
for such purposes, any county by resolution adopted by its board	8452
of county commissioners may levy an annual license tax, in	8453
addition to the tax levied by sections 4503.02, 4503.07, and	8454
4503.18 of the Revised Code, upon the operation of motor vehicles	8455
on the public roads or highways. Such tax shall be at the rate of	8456
five dollars per motor vehicle on all motor vehicles the district	8457
of registration of which, as defined in section 4503.10 of the	8458
Revised Code, is located in the county levying the tax and shall	8459
be in addition to the taxes at the rates specified in sections	8460
4503.04 and 4503.16 of the Revised Code, subject to reductions in	8461
the manner provided in section 4503.11 of the Revised Code and the	8462
exemptions provided in sections 4503.16, 4503.17, 4503.171,	8463
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code.	8464

Prior to the adoption of any resolution under this section,	8465
the board of county commissioners shall conduct two public	8466
hearings thereon, the second hearing to be not less than three nor	8467
more than ten days after the first. Notice of the date, time, and	8468
place of such hearings shall be given by publication in a	8469
newspaper of general circulation in the county or as provided in	8470
section 7.16 of the Revised Code, once a week on the same day of	8471
the week for two consecutive weeks, the second publication being	8472
not less than ten nor more than thirty days prior to the first	8473
hearing.	8474

No resolution under this section shall become effective	8475
sooner than thirty days following its adoption, and such	8476
resolution is subject to a referendum as provided in sections	8477
305.31 to 305.41 of the Revised Code, unless such resolution is	8478
adopted as an emergency measure necessary for the immediate	8479
preservation of the public peace, health, or safety, in which case	8480
it shall go into immediate effect. Such emergency measure must	8481
receive an affirmative vote of all of the members of the board of	8482
county commissioners, and shall state the reasons for such	8483
necessity. A resolution may direct the board of elections to	8484
submit the question of levying the tax to the electors of the	8485
county at the next primary or general election in the county	8486
occurring not less than seventy-five days after such resolution is	8487
certified to the board; no such resolution shall go into effect	8488
unless approved by a majority of those voting upon it.	8489

Sec. 4504.021. The question of repeal of a county permissive	8490
tax adopted as an emergency measure pursuant to section 4504.02,	8491
4504.15, or 4504.16 of the Revised Code may be initiated by filing	8492
with the board of elections of the county not less than	8493
seventy-five days before the general election in any year a	8494
petition requesting that an election be held on such question.	8495
Such petition shall be signed by qualified electors residing in	8496
the county equal in number to ten per cent of those voting for	8497
governor at the most recent gubernatorial election.	8498

After determination by it that such petition is valid, the	8499
board of elections shall submit the question to the electors of	8500
the county at the next general election. The election shall be	8501
conducted, canvassed, and certified in the same manner as regular	8502
elections for county offices in the county. Notice of the election	8503
shall be published in a newspaper of general circulation in the	8504
district or as provided in section 7.16 of the Revised Code, once	8505
a week for two consecutive weeks prior to the election ~~and, if~~. If	8506
the board of elections operates and maintains a web site, notice	8507
of the election also shall be posted on that web site for thirty	8508
days prior to the election. The notice shall state the purpose,	8509
time, and place of the election. The form of the ballot cast at	8510
such election shall be prescribed by the secretary of state. The	8511
question covered by such petition shall be submitted as a separate	8512
proposition, but it may be printed on the same ballot with any	8513
other proposition submitted at the same election other than the	8514
election of officers. If a majority of the qualified electors	8515
voting on the question of repeal approve the repeal, the result of	8516
the election shall be certified immediately after the canvass by	8517
the board of elections to the county commissioners, who shall	8518
thereupon, after the current year, cease to levy the tax.	8519

Sec. 4504.15. For the purpose of paying the costs of	8520
enforcing and administering the tax provided for in this section;	8521
for the various purposes stated in section 4504.02 of the Revised	8522
Code; and to supplement revenue already available for those	8523
purposes, any county may, by resolution adopted by its board of	8524
county commissioners, levy an annual license tax, that shall be in	8525
addition to the tax levied by sections 4503.02, 4503.07, and	8526
4503.18 of the Revised Code, upon the operation of motor vehicles	8527
upon the public roads and highways. The tax shall be at the rate	8528
of five dollars per motor vehicle on all motor vehicles the	8529
district of registration of which, as defined in section 4503.10	8530
of the Revised Code, is located in the county levying the tax but	8531
is not located within any municipal corporation levying the tax	8532
authorized by section 4504.17 of the Revised Code, and shall be in	8533
addition to the taxes at the rates specified in sections 4503.04	8534
and 4503.16 of the Revised Code, subject to reductions in the	8535
manner provided in section 4503.11 of the Revised Code and the	8536
exemptions provided in sections 4503.16, 4503.17, 4503.171,	8537
4503.41, and 4503.43 of the Revised Code.	8538

Prior to the adoption of any resolution under this section,	8539
the board of county commissioners shall conduct two public	8540
hearings thereon, the second hearing to be not less than three nor	8541
more than ten days after the first. Notice of the date, time, and	8542
place of such hearings shall be given by publication in a	8543
newspaper of general circulation in the county or as provided in	8544
section 7.16 of the Revised Code, once a week for two consecutive	8545
weeks, the second publication being not less than ten nor more	8546
than thirty days prior to the first hearing.	8547

No resolution under this section shall become effective	8548
sooner than thirty days following its adoption, and such	8549
resolution is subject to a referendum as provided in sections	8550
305.31 to 305.41 of the Revised Code, unless the resolution is	8551
adopted as an emergency measure necessary for the immediate	8552
preservation of the public peace, health, or safety, in which case	8553
it shall go into immediate effect. The emergency measure must	8554
receive an affirmative vote of all of the members of the board of	8555
county commissioners, and shall state the reasons for the	8556
necessity. A resolution may direct the board of elections to	8557
submit the question of levying the tax to the electors of the	8558
county at the next primary or general election occurring not less	8559
than seventy-five days after the resolution is certified to the	8560
board; no such resolution shall go into effect unless approved by	8561
a majority of those voting upon it. A county is not required to	8562
enact the tax authorized by section 4504.02 of the Revised Code in	8563
order to levy the tax authorized by this section, but no county	8564
may have in effect the tax authorized by this section if it	8565
repeals the tax authorized by section 4504.02 of the Revised Code	8566
after April 1, 1987.	8567

Sec. 4504.16. For the purpose of paying the costs of	8568
enforcing and administering the tax provided for in this section;	8569
for the various purposes stated in section 4504.02 of the Revised	8570
Code; and to supplement revenue already available for those	8571
purposes, any county that currently levies the tax authorized by	8572
section 4504.15 of the Revised Code may, by resolution adopted by	8573
its board of county commissioners, levy an annual license tax,	8574
that shall be in addition to the tax levied by that section and by	8575
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	8576
the operation of motor vehicles upon the public roads and	8577
highways. The tax shall be at the rate of five dollars per motor	8578
vehicle on all motor vehicles the district of registration of	8579
which, as defined in section 4503.10 of the Revised Code, is	8580
located in the county levying the tax but is not located within	8581
any municipal corporation levying the tax authorized by section	8582
4504.171 of the Revised Code, and shall be in addition to the	8583
taxes at the rates specified in sections 4503.04 and 4503.16 of	8584
the Revised Code, subject to reductions in the manner provided in	8585
section 4503.11 of the Revised Code and the exemptions provided in	8586
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	8587
Revised Code.	8588

Prior to the adoption of any resolution under this section,	8589
the board of county commissioners shall conduct two public	8590
hearings thereon, the second hearing to be not less than three nor	8591
more than ten days after the first. Notice of the date, time, and	8592
place of such hearings shall be given by publication in a	8593
newspaper of general circulation in the county or as provided in	8594
section 7.16 of the Revised Code, once a week for two consecutive	8595
weeks, the second publication being not less than ten nor more	8596
than thirty days prior to the first hearing.	8597

No resolution under this section shall become effective	8598
sooner than thirty days following its adoption, and such	8599
resolution is subject to a referendum as provided in sections	8600
305.31 to 305.41 of the Revised Code, unless the resolution is	8601
adopted as an emergency measure necessary for the immediate	8602
preservation of the public peace, health, or safety, in which case	8603
it shall go into immediate effect. The emergency measure must	8604
receive an affirmative vote of all of the members of the board of	8605
county commissioners, and shall state the reasons for the	8606
necessity. A resolution may direct the board of elections to	8607
submit the question of levying the tax to the electors of the	8608
county at the next primary or general election occurring not less	8609
than seventy-five days after the resolution is certified to the	8610
board; no such resolution shall go into effect unless approved by	8611
a majority of those voting upon it.	8612

Nothing in this section or in section 4504.15 of the Revised	8613
Code shall be interpreted as preventing a county from levying the	8614
county motor vehicle license taxes authorized by such sections in	8615
a single resolution.	8616

Sec. 4504.18. For the purpose of paying the costs and	8617
expenses of enforcing and administering the tax provided for in	8618
this section; for the construction, reconstruction, improvement,	8619
maintenance, and repair of township roads, bridges, and culverts;	8620
for purchasing, erecting, and maintaining traffic signs, markers,	8621
lights, and signals; for purchasing road machinery and equipment,	8622
and planning, constructing, and maintaining suitable buildings to	8623
house such equipment; for paying any costs apportioned to the	8624
township under section 4907.47 of the Revised Code; and to	8625
supplement revenue already available for such purposes, the board	8626
of township trustees may levy an annual license tax, in addition	8627
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the	8628
Revised Code, upon the operation of motor vehicles on the public	8629
roads and highways in the unincorporated territory of the	8630
township. The tax shall be at the rate of five dollars per motor	8631
vehicle on all motor vehicles the owners of which reside in the	8632
unincorporated area of the township and shall be in addition to	8633
the taxes at the rates specified in sections 4503.04 and 4503.16	8634
of the Revised Code, subject to reductions in the manner provided	8635
in section 4503.11 of the Revised Code and the exemptions provided	8636
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of	8637
the Revised Code.	8638

Prior to the adoption of any resolution under this section,	8639
the board of township trustees shall conduct two public hearings	8640
thereon, the second hearing to be not less than three nor more	8641
than ten days after the first. Notice of the date, time, and place	8642
of such hearings shall be given by publication in a newspaper of	8643
general circulation in the township or as provided in section 7.16	8644
of the Revised Code, once a week on the same day of the week for	8645
two consecutive weeks, the second publication being not less than	8646
ten nor more than thirty days prior to the first hearing.	8647

No resolution under this section shall become effective	8648
sooner than thirty days following its adoption, and such	8649
resolution is subject to a referendum in the same manner, except	8650
as to the form of the petition, as provided in division (H) of	8651
section 519.12 of the Revised Code for a proposed amendment to a	8652
township zoning resolution. In addition, a petition under this	8653
section shall be governed by the rules specified in section	8654
3501.38 of the Revised Code. No resolution levying a tax under	8655
this section for which a referendum vote has been requested shall	8656
go into effect unless approved by a majority of those voting upon	8657
it.	8658

A township license tax levied under this section shall	8659
continue in effect until repealed.	8660

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	8661
pursuant to division (A)(1) of section 4513.60 or section 4513.61	8662
of the Revised Code shall be disposed of at the order of the	8663
sheriff of the county or the chief of police of the municipal	8664
corporation, township, or township police district to a motor	8665
vehicle salvage dealer or scrap metal processing facility as	8666
defined in section 4737.05 of the Revised Code, or to any other	8667
facility owned by or under contract with the county, municipal	8668
corporation, or township, for the disposal of such motor vehicles,	8669
or shall be sold by the sheriff, chief of police, or licensed	8670
auctioneer at public auction, after giving notice thereof by	8671
advertisement, published once a week for two successive weeks in a	8672
newspaper of general circulation in the county or as provided in	8673
section 7.16 of the Revised Code. Any moneys accruing from the	8674
disposition of an unclaimed motor vehicle that are in excess of	8675
the expenses resulting from the removal and storage of the vehicle	8676
shall be credited to the general fund of the county, the municipal	8677
corporation, or the township, as the case may be.	8678

Sec. 4582.31. (A) A port authority created in accordance	8679
with section 4582.22 of the Revised Code may:	8680

(1) Adopt bylaws for the regulation of its affairs and the	8681
conduct of its business;	8682

(2) Adopt an official seal;

8683

(3) Maintain a principal office within its jurisdiction, and	8684
maintain such branch offices as it may require;	8685

(4) Acquire, construct, furnish, equip, maintain, repair,	8686
sell, exchange, lease to or from, or lease with an option to	8687
purchase, convey other interests in real or personal property, or	8688
any combination thereof, related to, useful for, or in furtherance	8689
of any authorized purpose and operate any property in connection	8690
with transportation, recreational, governmental operations, or	8691
cultural activities;	8692

(5) Straighten, deepen, and improve any channel, river,	8693
stream, or other water course or way which may be necessary or	8694
proper in the development of the facilities of a port authority;	8695

(6) Make available the use or services of any port authority	8696
facility to one or more persons, one or more governmental	8697
agencies, or any combination thereof;	8698

(7) Issue bonds or notes for the acquisition, construction,	8699
furnishing, or equipping of any port authority facility or other	8700
permanent improvement that a port authority is authorized to	8701
acquire, construct, furnish, or equip, in compliance with Chapter	8702
133. of the Revised Code, except that such bonds or notes may only	8703
be issued pursuant to a vote of the electors residing within the	8704
area of jurisdiction of the port authority. The net indebtedness	8705
incurred by a port authority shall never exceed two per cent of	8706
the total value of all property within the territory comprising	8707
the port authority as listed and assessed for taxation.	8708

(8) Issue port authority revenue bonds beyond the limit of	8709
bonded indebtedness provided by law, payable solely from revenues	8710
as provided in section 4582.48 of the Revised Code, for the	8711
purpose of providing funds to pay the costs of any port authority	8712
facility or facilities or parts thereof;	8713

(9) Apply to the proper authorities of the United States	8714
pursuant to appropriate law for the right to establish, operate,	8715
and maintain foreign trade zones and establish, operate, and	8716
maintain foreign trade zones and to acquire, exchange, sell, lease	8717
to or from, lease with an option to purchase, or operate	8718
facilities, land, or property therefor in accordance with the	8719
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	8720
81u;	8721

(10) Enjoy and possess the same rights, privileges, and	8722
powers granted municipal corporations under sections 721.04 to	8723
721.11 of the Revised Code;	8724

(11) Maintain such funds as it considers necessary;

8725

(12) Direct its agents or employees, when properly identified	8726
in writing, and after at least five days' written notice, to enter	8727
upon lands within the confines of its jurisdiction in order to	8728
make surveys and examinations preliminary to location and	8729
construction of works for the purposes of the port authority,	8730
without liability of the port authority or its agents or employees	8731
except for actual damage done;	8732

(13) Promote, advertise, and publicize the port authority and	8733
its facilities; provide information to shippers and other	8734
commercial interests; and appear before rate-making authorities to	8735
represent and promote the interests of the port authority;	8736

(14) Adopt rules, not in conflict with general law, it finds	8737
necessary or incidental to the performance of its duties and the	8738
execution of its powers under sections 4582.21 to 4582.54 of the	8739
Revised Code. Any such rule shall be posted at no less than five	8740
public places in the port authority, as determined by the board of	8741
directors, for a period of not fewer than fifteen days, and shall	8742
be available for public inspection at the principal office of the	8743
port authority during regular business hours. No person shall	8744
violate any lawful rule adopted and posted as provided in this	8745
division.	8746

(15) Do any of the following, in regard to any interests in	8747
any real or personal property, or any combination thereof,	8748
including, without limitation, machinery, equipment, plants,	8749
factories, offices, and other structures and facilities related	8750
to, useful for, or in furtherance of any authorized purpose, for	8751
such consideration and in such manner, consistent with Article	8752
VIII of the Ohio Constitution, as the board in its sole discretion	8753
may determine:	8754

(a) Loan moneys to any person or governmental entity for the	8755
acquisition, construction, furnishing, and equipping of the	8756
property;	8757

(b) Acquire, construct, maintain, repair, furnish, and equip	8758
the property;	8759

(c) Sell to, exchange with, lease, convey other interests in,	8760
or lease with an option to purchase the same or any lesser	8761
interest in the property to the same or any other person or	8762
governmental entity;	8763

(d) Guarantee the obligations of any person or governmental	8764
entity.	8765

A port authority may accept and hold as consideration for the	8766
conveyance of property or any interest therein such property or	8767
interests therein as the board in its discretion may determine,	8768
notwithstanding any restrictions that apply to the investment of	8769
funds by a port authority.	8770

(16) Sell, lease, or convey other interests in real and	8771
personal property, and grant easements or rights-of-way over	8772
property of the port authority. The board of directors shall	8773
specify the consideration and any terms for the sale, lease, or	8774
conveyance of other interests in real and personal property. Any	8775
determination made by the board under this division shall be	8776
conclusive. The sale, lease, or conveyance may be made without	8777
advertising and the receipt of bids.	8778

(17) Exercise the right of eminent domain to appropriate any	8779
land, rights, rights-of-way, franchises, easements, or other	8780
property, necessary or proper for any authorized purpose, pursuant	8781
to the procedure provided in sections 163.01 to 163.22 of the	8782
Revised Code, if funds equal to the appraised value of the	8783
property to be acquired as a result of such proceedings are	8784
available for that purpose. However, nothing contained in sections	8785
4582.201 to 4582.59 of the Revised Code shall authorize a port	8786
authority to take or disturb property or facilities belonging to	8787
any agency or political subdivision of this state, public utility,	8788
or common carrier, which property or facilities are necessary and	8789
convenient in the operation of the agency or political	8790
subdivision, public utility, or common carrier, unless provision	8791
is made for the restoration, relocation, or duplication of such	8792
property or facilities, or upon the election of the agency or	8793
political subdivision, public utility, or common carrier, for the	8794
payment of compensation, if any, at the sole cost of the port	8795
authority, provided that:	8796

(a) If any restoration or duplication proposed to be made	8797
under this section involves a relocation of the property or	8798
facilities, the new facilities and location shall be of at least	8799
comparable utilitarian value and effectiveness and shall not	8800
impair the ability of the public utility or common carrier to	8801
compete in its original area of operation;	8802

(b) If any restoration or duplication made under this section	8803
involves a relocation of the property or facilities, the port	8804
authority shall acquire no interest or right in or to the	8805
appropriated property or facilities, except as provided in	8806
division (O) of this section, until the relocated property or	8807
facilities are available for use and until marketable title	8808
thereto has been transferred to the public utility or common	8809
carrier.	8810

(18)(a) Make and enter into all contracts and agreements and	8811
execute all instruments necessary or incidental to the performance	8812
of its duties and the execution of its powers under sections	8813
4582.21 to 4582.59 of the Revised Code.	8814

(b) Except as provided in division (A)(18)(c) of this	8815
section, when the cost of a contract for the construction of any	8816
building, structure, or other improvement undertaken by a port	8817
authority involves an expenditure exceeding twenty-five thousand	8818
dollars, and the port authority is the contracting entity, the	8819
port authority shall make a written contract after notice calling	8820
for bids for the award of the contract has been given by	8821
publication twice, with at least seven days between publications,	8822
in a newspaper of general circulation in the area of the port	8823
authority or as provided in section 7.16 of the Revised Code. Each	8824
such contract shall be let to the lowest responsive and	8825
responsible bidder in accordance with section 9.312 of the Revised	8826
Code. Every contract shall be accompanied by or shall refer to	8827
plans and specifications for the work to be done, prepared for and	8828
approved by the port authority, signed by an authorized officer of	8829
the port authority and by the contractor, and shall be executed in	8830
triplicate.	8831

Each bid shall be awarded in accordance with sections 153.54,	8832
153.57, and 153.571 of the Revised Code. The port authority may	8833
reject any and all bids.	8834

(c) The board of directors by rule may provide criteria for	8835
the negotiation and award without competitive bidding of any	8836
contract as to which the port authority is the contracting entity	8837
for the construction of any building or structure or other	8838
improvement under any of the following circumstances:	8839

(i) There exists a real and present emergency that threatens	8840
damage or injury to persons or property of the port authority or	8841
other persons, provided that a statement specifying the nature of	8842
the emergency that is the basis for the negotiation and award of a	8843
contract without competitive bidding shall be signed by the	8844
officer of the port authority that executes that contract at the	8845
time of the contract's execution and shall be attached to the	8846
contract.	8847

(ii) A commonly recognized industry or other standard or	8848
specification does not exist and cannot objectively be articulated	8849
for the improvement.	8850

(iii) The contract is for any energy conservation measure as	8851
defined in section 307.041 of the Revised Code.	8852

(iv) With respect to material to be incorporated into the	8853
improvement, only a single source or supplier exists for the	8854
material.	8855

(v) A single bid is received by the port authority after	8856
complying with the provisions of division (A)(18)(b) of this	8857
section.	8858

(d)(i) If a contract is to be negotiated and awarded without	8859
competitive bidding for the reason set forth in division	8860
(A)(18)(c)(ii) of this section, the port authority shall publish a	8861
notice calling for technical proposals ~~at least~~ twice, with at	8862
least seven days between publications, in a newspaper of general	8863
circulation in the area of the port authority or as provided in	8864
section 7.16 of the Revised Code. After receipt of the technical	8865
proposals, the port authority may negotiate with and award a	8866
contract for the improvement to the proposer making the proposal	8867
considered to be the most advantageous to the port authority.	8868

(ii) If a contract is to be negotiated and awarded without	8869
competitive bidding for the reason set forth in division	8870
(A)(18)(c)(iv) of this section, any construction activities	8871
related to the incorporation of the material into the improvement	8872
also may be provided without competitive bidding by the source or	8873
supplier of that material.	8874

(e)(i) Any purchase, exchange, sale, lease, lease with an	8875
option to purchase, conveyance of other interests in, or other	8876
contract with a person or governmental entity that pertains to the	8877
acquisition, construction, maintenance, repair, furnishing,	8878
equipping, or operation of any real or personal property, or any	8879
combination thereof, related to, useful for, or in furtherance of	8880
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	8881
Constitution, shall be made in such manner and subject to such	8882
terms and conditions as may be determined by the board of	8883
directors in its discretion.	8884

(ii) Division (A)(18)(e)(i) of this section applies to all	8885
contracts that are subject to the division, notwithstanding any	8886
other provision of law that might otherwise apply, including,	8887
without limitation, any requirement of notice, any requirement of	8888
competitive bidding or selection, or any requirement for the	8889
provision of security.	8890

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	8891
apply to either of the following: any contract secured by or to be	8892
paid from moneys raised by taxation or the proceeds of obligations	8893
secured by a pledge of moneys raised by taxation; or any contract	8894
secured exclusively by or to be paid exclusively from the general	8895
revenues of the port authority. For the purposes of this section,	8896
any revenues derived by the port authority under a lease or other	8897
agreement that, by its terms, contemplates the use of amounts	8898
payable under the agreement either to pay the costs of the	8899
improvement that is the subject of the contract or to secure	8900
obligations of the port authority issued to finance costs of such	8901
improvement, are excluded from general revenues.	8902

(19) Employ managers, superintendents, and other employees	8903
and retain or contract with consulting engineers, financial	8904
consultants, accounting experts, architects, attorneys, and any	8905
other consultants and independent contractors as are necessary in	8906
its judgment to carry out this chapter, and fix the compensation	8907
thereof. All expenses thereof shall be payable from any available	8908
funds of the port authority or from funds appropriated for that	8909
purpose by a political subdivision creating or participating in	8910
the creation of the port authority.	8911

(20) Receive and accept from any state or federal agency	8912
grants and loans for or in aid of the construction of any port	8913
authority facility or for research and development with respect to	8914
port authority facilities, and receive and accept aid or	8915
contributions from any source of money, property, labor, or other	8916
things of value, to be held, used, and applied only for the	8917
purposes for which the grants and contributions are made;	8918

(21) Engage in research and development with respect to port	8919
authority facilities;	8920

(22) Purchase fire and extended coverage and liability	8921
insurance for any port authority facility and for the principal	8922
office and branch offices of the port authority, insurance	8923
protecting the port authority and its officers and employees	8924
against liability for damage to property or injury to or death of	8925
persons arising from its operations, and any other insurance the	8926
port authority may agree to provide under any resolution	8927
authorizing its port authority revenue bonds or in any trust	8928
agreement securing the same;	8929

(23) Charge, alter, and collect rentals and other charges for	8930
the use or services of any port authority facility as provided in	8931
section 4582.43 of the Revised Code;	8932

(24) Provide coverage for its employees under Chapters 145.,	8933
4123., and 4141. of the Revised Code;	8934

(25) Do all acts necessary or proper to carry out the powers	8935
expressly granted in sections 4582.21 to 4582.59 of the Revised	8936
Code.	8937

(B) Any instrument by which real property is acquired	8938
pursuant to this section shall identify the agency of the state	8939
that has the use and benefit of the real property as specified in	8940
section 5301.012 of the Revised Code.	8941

(C) Whoever violates division (A)(14) of this section is	8942
guilty of a minor misdemeanor.	8943

Sec. 4585.10. The officer holding a writ for the sale of a	8944
watercraft, its apparel, or furniture, before ~~he proceeds~~	8945
proceeding to sell it, shall give public notice of the time and	8946
place of sale for at least ten days previous thereto or as	8947
provided in section 7.16 of the Revised Code, by advertisement in	8948
a newspaper ~~published~~of general circulation in the county, and	8949
by advertisement posted in at least five public places in the	8950
county. Such sales shall be conducted, and the court shall have	8951
the same power over them as sales upon execution.	8952

Sec. 4928.20. (A) The legislative authority of a municipal	8953
corporation may adopt an ordinance, or the board of township	8954
trustees of a township or the board of county commissioners of a	8955
county may adopt a resolution, under which, on or after the	8956
starting date of competitive retail electric service, it may	8957
aggregate in accordance with this section the retail electrical	8958
loads located, respectively, within the municipal corporation,	8959
township, or unincorporated area of the county and, for that	8960
purpose, may enter into service agreements to facilitate for those	8961
loads the sale and purchase of electricity. The legislative	8962
authority or board also may exercise such authority jointly with	8963
any other such legislative authority or board. For customers that	8964
are not mercantile customers, an ordinance or resolution under	8965
this division shall specify whether the aggregation will occur	8966
only with the prior, affirmative consent of each person owning,	8967
occupying, controlling, or using an electric load center proposed	8968
to be aggregated or will occur automatically for all such persons	8969
pursuant to the opt-out requirements of division (D) of this	8970
section. The aggregation of mercantile customers shall occur only	8971
with the prior, affirmative consent of each such person owning,	8972
occupying, controlling, or using an electric load center proposed	8973
to be aggregated. Nothing in this division, however, authorizes	8974
the aggregation of the retail electric loads of an electric load	8975
center, as defined in section 4933.81 of the Revised Code, that	8976
is located in the certified territory of a nonprofit electric	8977
supplier under sections 4933.81 to 4933.90 of the Revised Code or	8978
an electric load center served by transmission or distribution	8979
facilities of a municipal electric utility.	8980

(B) If an ordinance or resolution adopted under division (A)	8981
of this section specifies that aggregation of customers that are	8982
not mercantile customers will occur automatically as described in	8983
that division, the ordinance or resolution shall direct the board	8984
of elections to submit the question of the authority to aggregate	8985
to the electors of the respective municipal corporation, township,	8986
or unincorporated area of a county at a special election on the	8987
day of the next primary or general election in the municipal	8988
corporation, township, or county. The legislative authority or	8989
board shall certify a copy of the ordinance or resolution to the	8990
board of elections not less than seventy-five days before the day	8991
of the special election. No ordinance or resolution adopted under	8992
division (A) of this section that provides for an election under	8993
this division shall take effect unless approved by a majority of	8994
the electors voting upon the ordinance or resolution at the	8995
election held pursuant to this division.	8996

(C) Upon the applicable requisite authority under divisions	8997
(A) and (B) of this section, the legislative authority or board	8998
shall develop a plan of operation and governance for the	8999
aggregation program so authorized. Before adopting a plan under	9000
this division, the legislative authority or board shall hold at	9001
least two public hearings on the plan. Before the first hearing,	9002
the legislative authority or board shall publish notice of the	9003
hearings once a week for two consecutive weeks in a newspaper of	9004
general circulation in the jurisdiction or as provided in section	9005
7.16 of the Revised Code. The notice shall summarize the plan and	9006
state the date, time, and location of each hearing.	9007

(D) No legislative authority or board, pursuant to an	9008
ordinance or resolution under divisions (A) and (B) of this	9009
section that provides for automatic aggregation of customers that	9010
are not mercantile customers as described in division (A) of this	9011
section, shall aggregate the electrical load of any electric load	9012
center located within its jurisdiction unless it in advance	9013
clearly discloses to the person owning, occupying, controlling,	9014
or using the load center that the person will be enrolled	9015
automatically in the aggregation program and will remain so	9016
enrolled unless the person affirmatively elects by a stated	9017
procedure not to be so enrolled. The disclosure shall state	9018
prominently the rates, charges, and other terms and conditions of	9019
enrollment. The stated procedure shall allow any person enrolled	9020
in the aggregation program the opportunity to opt out of the	9021
program every three years, without paying a switching fee. Any	9022
such person that opts out before the commencement of the	9023
aggregation program pursuant to the stated procedure shall	9024
default to the standard service offer provided under section	9025
4928.14 or division (D) of section 4928.35 of the Revised Code	9026
until the person chooses an alternative supplier.	9027

(E)(1) With respect to a governmental aggregation for a	9028
municipal corporation that is authorized pursuant to divisions (A)	9029
to (D) of this section, resolutions may be proposed by initiative	9030
or referendum petitions in accordance with sections 731.28 to	9031
731.41 of the Revised Code.	9032

(2) With respect to a governmental aggregation for a township	9033
or the unincorporated area of a county, which aggregation is	9034
authorized pursuant to divisions (A) to (D) of this section,	9035
resolutions may be proposed by initiative or referendum petitions	9036
in accordance with sections 731.28 to 731.40 of the Revised Code,	9037
except that:	9038

(a) The petitions shall be filed, respectively, with the	9039
township fiscal officer or the board of county commissioners, who	9040
shall perform those duties imposed under those sections upon the	9041
city auditor or village clerk.	9042

(b) The petitions shall contain the signatures of not less	9043
than ten per cent of the total number of electors in,	9044
respectively, the township or the unincorporated area of the	9045
county who voted for the office of governor at the preceding	9046
general election for that office in that area.	9047

(F) A governmental aggregator under division (A) of this	9048
section is not a public utility engaging in the wholesale purchase	9049
and resale of electricity, and provision of the aggregated service	9050
is not a wholesale utility transaction. A governmental aggregator	9051
shall be subject to supervision and regulation by the public	9052
utilities commission only to the extent of any competitive retail	9053
electric service it provides and commission authority under this	9054
chapter.	9055

(G) This section does not apply in the case of a municipal	9056
corporation that supplies such aggregated service to electric load	9057
centers to which its municipal electric utility also supplies a	9058
noncompetitive retail electric service through transmission or	9059
distribution facilities the utility singly or jointly owns or	9060
operates.	9061

(H) A governmental aggregator shall not include in its	9062
aggregation the accounts of any of the following:	9063

(1) A customer that has opted out of the aggregation;

9064

(2) A customer in contract with a certified electric	9065
services company;	9066

(3) A customer that has a special contract with an electric	9067
distribution utility;	9068

(4) A customer that is not located within the governmental	9069
aggregator's governmental boundaries;	9070

(5) Subject to division (C) of section 4928.21 of the Revised	9071
Code, a customer who appears on the "do not aggregate" list	9072
maintained under that section.	9073

(I) Customers that are part of a governmental aggregation	9074
under this section shall be responsible only for such portion of a	9075
surcharge under section 4928.144 of the Revised Code that is	9076
proportionate to the benefits, as determined by the commission,	9077
that electric load centers within the jurisdiction of the	9078
governmental aggregation as a group receive. The proportionate	9079
surcharge so established shall apply to each customer of the	9080
governmental aggregation while the customer is part of that	9081
aggregation. If a customer ceases being such a customer, the	9082
otherwise applicable surcharge shall apply. Nothing in this	9083
section shall result in less than full recovery by an electric	9084
distribution utility of any surcharge authorized under section	9085
4928.144 of the Revised Code.	9086

(J) On behalf of the customers that are part of a	9087
governmental aggregation under this section and by filing written	9088
notice with the public utilities commission, the legislative	9089
authority that formed or is forming that governmental aggregation	9090
may elect not to receive standby service within the meaning of	9091
division (B)(2)(d) of section 4928.143 of the Revised Code from	9092
an electric distribution utility in whose certified territory	9093
the governmental aggregation is located and that operates under	9094
an approved electric security plan under that section. Upon the	9095
filing of that notice, the electric distribution utility shall	9096
not charge any such customer to whom competitive retail electric	9097
generation service is provided by another supplier under the	9098
governmental aggregation for the standby service. Any such	9099
consumer that returns to the utility for competitive retail	9100
electric service shall pay the market price of power incurred by	9101
the utility to serve that consumer plus any amount attributable	9102
to the utility's cost of compliance with the alternative energy	9103
resource provisions of section 4928.64 of the Revised Code to	9104
serve the consumer. Such market price shall include, but not be	9105
limited to, capacity and energy charges; all charges associated	9106
with the provision of that power supply through the regional	9107
transmission organization, including, but not limited to,	9108
transmission, ancillary services, congestion, and settlement and	9109
administrative charges; and all other costs incurred by the	9110
utility that are associated with the procurement, provision, and	9111
administration of that power supply, as such costs may be	9112
approved by the commission. The period of time during which the	9113
market price and alternative energy resource amount shall be so	9114
assessed on the consumer shall be from the time the consumer so	9115
returns to the electric distribution utility until the	9116
expiration of the electric security plan. However, if that period	9117
of time is expected to be more than two years, the commission may	9118
reduce the time period to a period of not less than two years.	9119

(K) The commission shall adopt rules to encourage and promote	9120
large-scale governmental aggregation in this state. For that	9121
purpose, the commission shall conduct an immediate review of any	9122
rules it has adopted for the purpose of this section that are in	9123
effect on the effective date of the amendment of this section by	9124
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	9125
within the context of an electric security plan under section	9126
4928.143 of the Revised Code, the commission shall consider the	9127
effect on large-scale governmental aggregation of any	9128
nonbypassable generation charges, however collected, that would	9129
be established under that plan, except any nonbypassable	9130
generation charges that relate to any cost incurred by the	9131
electric distribution utility, the deferral of which has been	9132
authorized by the commission prior to the effective date of the	9133
amendment of this section by S.B. 221 of the 127th general	9134
assembly, July 31, 2008.	9135

Sec. 4929.26. (A)(1) The legislative authority of a	9136
municipal corporation may adopt an ordinance, or the board of	9137
township trustees of a township or the board of county	9138
commissioners of a county may adopt a resolution, under which, in	9139
accordance with this section and except as otherwise provided in	9140
division (A)(2) of this section, the legislative authority or	9141
board may aggregate automatically, subject to the opt-out	9142
requirements of division (D) of this section, competitive retail	9143
natural gas service for the retail natural gas loads that are	9144
located, respectively, within the municipal corporation, township,	9145
or unincorporated area of the county and for which there is a	9146
choice of supplier of that service as a result of revised	9147
schedules approved under division (C) of section 4929.29 of the	9148
Revised Code, a rule or order adopted or issued by the commission	9149
under Chapter 4905. of the Revised Code, or an exemption granted	9150
by the commission under sections 4929.04 to 4929.08 of the Revised	9151
Code. An ordinance or a resolution adopted under this section	9152
shall expressly state that it is adopted pursuant to the authority	9153
conferred by this section. The legislative authority or board also	9154
may exercise its authority under this section jointly with any	9155
other such legislative authority or board. For the purpose of the	9156
aggregation, the legislative authority or board may enter into	9157
service agreements to facilitate the sale and purchase of the	9158
service for the retail natural gas loads.	9159

(2)(a) No aggregation under an ordinance or resolution	9160
adopted under division (A)(1) of this section shall include the	9161
retail natural gas load of any person that meets any of the	9162
following criteria:	9163

(i) The person is both a distribution service customer and a	9164
mercantile customer on the date of commencement of service to the	9165
aggregated load, or the person becomes a distribution service	9166
customer after that date and also is a mercantile customer.	9167

(ii) The person is supplied with commodity sales service	9168
pursuant to a contract with a retail natural gas supplier that is	9169
in effect on the effective date of the ordinance or resolution.	9170

(iii) The person is supplied with commodity sales service as	9171
part of a retail natural gas load aggregation provided for	9172
pursuant to a rule or order adopted or issued by the commission	9173
under this chapter or Chapter 4905. of the Revised Code.	9174

(b) Nothing in division (A)(2)(a) of this section precludes a	9175
governmental aggregation under this section from permitting the	9176
retail natural gas load of a person described in division	9177
(A)(2)(a) of this section from being included in the aggregation	9178
upon the expiration of any contract or aggregation as described in	9179
division (A)(2)(a)(ii) or (iii) of this section or upon the person	9180
no longer being a customer as described in division (A)(2)(a)(i)	9181
of this section or qualifying to be included in an aggregation	9182
described under division (A)(2)(a)(iii) of this section.	9183

(B) An ordinance or resolution adopted under division (A) of	9184
this section shall direct the board of elections to submit the	9185
question of the authority to aggregate to the electors of the	9186
respective municipal corporation, township, or unincorporated area	9187
of a county at a special election on the day of the next primary	9188
or general election in the municipal corporation, township, or	9189
county. The legislative authority or board shall certify a copy of	9190
the ordinance or resolution to the board of elections not less	9191
than seventy-five days before the day of the special election. No	9192
ordinance or resolution adopted under division (A) of this section	9193
that provides for an election under this division shall take	9194
effect unless approved by a majority of the electors voting upon	9195
the ordinance or resolution at the election held pursuant to this	9196
division.	9197

(C) Upon the applicable requisite authority under divisions	9198
(A) and (B) of this section, the legislative authority or board	9199
shall develop a plan of operation and governance for the	9200
aggregation program so authorized. Before adopting a plan under	9201
this division, the legislative authority or board shall hold at	9202
least two public hearings on the plan. Before the first hearing,	9203
the legislative authority or board shall publish notice of the	9204
hearings once a week for two consecutive weeks in a newspaper of	9205
general circulation in the jurisdiction or as provided in section	9206
7.16 of the Revised Code. The notice shall summarize the plan and	9207
state the date, time, and location of each hearing.	9208

(D) No legislative authority or board, pursuant to an	9209
ordinance or resolution under divisions (A) and (B) of this	9210
section, shall aggregate any retail natural gas load located	9211
within its jurisdiction unless it in advance clearly discloses to	9212
the person whose retail natural gas load is to be so aggregated	9213
that the person will be enrolled automatically in the aggregation	9214
and will remain so enrolled unless the person affirmatively elects	9215
by a stated procedure not to be so enrolled. The disclosure shall	9216
state prominently the rates, charges, and other terms and	9217
conditions of enrollment. The stated procedure shall allow any	9218
person enrolled in the aggregation the opportunity to opt out of	9219
the aggregation every two years, without paying a switching fee.	9220
Any such person that opts out of the aggregation pursuant to the	9221
stated procedure shall default to the natural gas company	9222
providing distribution service for the person's retail natural gas	9223
load, until the person chooses an alternative supplier.	9224

(E)(1) With respect to a governmental aggregation for a	9225
municipal corporation that is authorized pursuant to divisions (A)	9226
to (D) of this section, resolutions may be proposed by initiative	9227
or referendum petitions in accordance with sections 731.28 to	9228
731.41 of the Revised Code.	9229

(2) With respect to a governmental aggregation for a township	9230
or the unincorporated area of a county, which aggregation is	9231
authorized pursuant to divisions (A) to (D) of this section,	9232
resolutions may be proposed by initiative or referendum petitions	9233
in accordance with sections 731.28 to 731.40 of the Revised Code,	9234
except that:	9235

(a) The petitions shall be filed, respectively, with the	9236
township fiscal officer or the board of county commissioners, who	9237
shall perform those duties imposed under those sections upon the	9238
city auditor or village clerk.	9239

(b) The petitions shall contain the signatures of not less	9240
than ten per cent of the total number of electors in the township	9241
or the unincorporated area of the county, respectively, who voted	9242
for the office of governor at the preceding general election for	9243
that office in that area.	9244

(F) A governmental aggregator under division (A) of this	9245
section is not a public utility engaging in the wholesale purchase	9246
and resale of natural gas, and provision of the aggregated service	9247
is not a wholesale utility transaction. A governmental aggregator	9248
shall be subject to supervision and regulation by the public	9249
utilities commission only to the extent of any competitive retail	9250
natural gas service it provides and commission authority under	9251
this chapter.	9252

Sec. 4929.27. (A)(1) The legislative authority of a	9253
municipal corporation may adopt an ordinance, or the board of	9254
township trustees of a township or the board of county	9255
commissioners of a county may adopt a resolution, under which, in	9256
accordance with this section and except as otherwise provided in	9257
division (A)(2) of this section, the legislative authority or	9258
board may aggregate, with the prior consent of each person whose	9259
retail natural gas load is proposed to be aggregated, competitive	9260
retail natural gas service for any such retail natural gas load	9261
that is located, respectively, within the municipal corporation,	9262
township, or unincorporated area of the county and for which there	9263
is a choice of supplier of that service as a result of revised	9264
schedules approved under division (C) of section 4929.29 of the	9265
Revised Code, a rule or order adopted or issued by the commission	9266
under Chapter 4905. of the Revised Code, or an exemption granted	9267
by the commission under sections 4929.04 to 4929.08 of the Revised	9268
Code. An ordinance or a resolution adopted under this section	9269
shall expressly state that it is adopted pursuant to the authority	9270
conferred by this section. The legislative authority or board also	9271
may exercise such authority jointly with any other such	9272
legislative authority or board. For the purpose of the	9273
aggregation, the legislative authority or board may enter into	9274
service agreements to facilitate the sale and purchase of the	9275
service for the retail natural gas loads.	9276

(2)(a) No aggregation under an ordinance or resolution	9277
adopted under division (A)(1) of this section shall include the	9278
retail natural gas load of any person that meets either of the	9279
following criteria:	9280

(i) The person is supplied with commodity sales service	9281
pursuant to a contract with a retail natural gas supplier that is	9282
in effect on the effective date of the ordinance or resolution.	9283

(ii) The person is supplied with commodity sales service as	9284
part of a retail natural gas load aggregation provided for	9285
pursuant to a rule or order adopted or issued by the commission	9286
under this chapter or Chapter 4905. of the Revised Code.	9287

(b) Nothing in division (A)(2)(a) of this section precludes a	9288
governmental aggregation under this section from permitting the	9289
retail natural gas load of a person described in division	9290
(A)(2)(a) of this section from being included in the aggregation	9291
upon the expiration of any contract or aggregation as described in	9292
division (A)(2)(a)(i) or (ii) of this section or upon the person	9293
no longer qualifying to be included in an aggregation.	9294

(B) Upon the applicable requisite authority under division	9295
(A) of this section, the legislative authority or board shall	9296
develop a plan of operation and governance for the aggregation	9297
program so authorized. Before adopting a plan under this division,	9298
the legislative authority or board shall hold at least two public	9299
hearings on the plan. Before the first hearing, the legislative	9300
authority or board shall publish notice of the hearings once a	9301
week for two consecutive weeks in a newspaper of general	9302
circulation in the jurisdiction or as provided in section 7.16 of	9303
the Revised Code. The notice shall summarize the plan and state	9304
the date, time, and location of each hearing.	9305

(C)(1) With respect to a governmental aggregation for a	9306
municipal corporation that is authorized pursuant to division (A)	9307
of this section, resolutions may be proposed by initiative or	9308
referendum petitions in accordance with sections 731.28 to 731.41	9309
of the Revised Code.	9310

(2) With respect to a governmental aggregation for a township	9311
or the unincorporated area of a county, which aggregation is	9312
authorized pursuant to division (A) of this section, resolutions	9313
may be proposed by initiative or referendum petitions in	9314
accordance with sections 731.28 to 731.40 of the Revised Code,	9315
except that:	9316

(a) The petitions shall be filed, respectively, with the	9317
township fiscal officer or the board of county commissioners, who	9318
shall perform those duties imposed under those sections upon the	9319
city auditor or village clerk.	9320

(b) The petitions shall contain the signatures of not less	9321
than ten per cent of the total number of electors in the township	9322
or the unincorporated area of the county, respectively, who voted	9323
for the office of governor at the preceding general election for	9324
that office in that area.	9325

(D) A governmental aggregator under division (A) of this	9326
section is not a public utility engaging in the wholesale purchase	9327
and resale of natural gas, and provision of the aggregated service	9328
is not a wholesale utility transaction. A governmental aggregator	9329
shall be subject to supervision and regulation by the public	9330
utilities commission only to the extent of any competitive retail	9331
natural gas service it provides and commission authority under	9332
this chapter.	9333

Sec. 4931.51. (A)(1) For the purpose of paying the costs of	9334
establishing, equipping, and furnishing one or more public safety	9335
answering points as part of a countywide 9-1-1 system effective	9336
under division (B) of section 4931.44 of the Revised Code and	9337
paying the expense of administering and enforcing this section,	9338
the board of county commissioners of a county, in accordance with	9339
this section, may fix and impose, on each lot or parcel of real	9340
property in the county that is owned by a person, municipal	9341
corporation, township, or other political subdivision and is	9342
improved, or is in the process of being improved, reasonable	9343
charges to be paid by each such owner. The charges shall be	9344
sufficient to pay only the estimated allowed costs and shall be	9345
equal in amount for all such lots or parcels.	9346

(2) For the purpose of paying the costs of operating and	9347
maintaining the answering points and paying the expense of	9348
administering and enforcing this section, the board, in accordance	9349
with this section, may fix and impose reasonable charges to be	9350
paid by each owner, as provided in division (A)(1) of this	9351
section, that shall be sufficient to pay only the estimated	9352
allowed costs and shall be equal in amount for all such lots or	9353
parcels. The board may fix and impose charges under this division	9354
pursuant to a resolution adopted for the purposes of both	9355
divisions (A)(1) and (2) of this section or pursuant to a	9356
resolution adopted solely for the purpose of division (A)(2) of	9357
this section, and charges imposed under division (A)(2) of this	9358
section may be separately imposed or combined with charges imposed	9359
under division (A)(1) of this section.	9360

(B) Any board adopting a resolution under this section	9361
pursuant to a final plan initiating the establishment of a 9-1-1	9362
system or pursuant to an amendment to a final plan shall adopt the	9363
resolution within sixty days after the board receives the final	9364
plan for the 9-1-1 system pursuant to division (C) of section	9365
4931.43 of the Revised Code. The board by resolution may change	9366
any charge imposed under this section whenever the board considers	9367
it advisable. Any resolution adopted under this section shall	9368
declare whether securities will be issued under Chapter 133. of	9369
the Revised Code in anticipation of the collection of unpaid	9370
special assessments levied under this section.	9371

(C) The board shall adopt a resolution under this section at	9372
a public meeting held in accordance with section 121.22 of the	9373
Revised Code. Additionally, the board, before adopting any such	9374
resolution, shall hold at least two public hearings on the	9375
proposed charges. Prior to the first hearing, the board shall	9376
publish notice of the hearings once a week for two consecutive	9377
weeks in a newspaper of general circulation in the county or as	9378
provided in section 7.16 of the Revised Code. The notice shall	9379
include a listing of the charges proposed in the resolution and	9380
the date, time, and location of each of the hearings. The board	9381
shall hear any person who wishes to testify on the charges or the	9382
resolution.	9383

(D) No resolution adopted under this section shall be	9384
effective sooner than thirty days following its adoption nor shall	9385
any such resolution be adopted as an emergency measure. The	9386
resolution is subject to a referendum in accordance with sections	9387
305.31 to 305.41 of the Revised Code unless, in the resolution,	9388
the board of county commissioners directs the board of elections	9389
of the county to submit the question of imposing the charges to	9390
the electors of the county at the next primary or general election	9391
in the county occurring not less than seventy-five days after the	9392
resolution is certified to the board. No resolution shall go into	9393
effect unless approved by a majority of those voting upon it in	9394
any election allowed under this division.	9395

(E) To collect charges imposed under division (A) of this	9396
section, the board of county commissioners shall certify them to	9397
the county auditor of the county who then shall place them upon	9398
the real property duplicate against the properties to be assessed,	9399
as provided in division (A) of this section. Each assessment shall	9400
bear interest at the same rate that securities issued in	9401
anticipation of the collection of the assessments bear, is a lien	9402
on the property assessed from the date placed upon the real	9403
property duplicate by the auditor, and shall be collected in the	9404
same manner as other taxes.	9405

(F) All money collected by or on behalf of a county under	9406
this section shall be paid to the county treasurer of the county	9407
and kept in a separate and distinct fund to the credit of the	9408
county. The fund shall be used to pay the costs allowed in	9409
division (A) of this section and specified in the resolution	9410
adopted under that division. In no case shall any surplus so	9411
collected be expended for other than the use and benefit of the	9412
county.	9413

Sec. 4931.52. (A) This section applies only to a county that	9414
meets both of the following conditions:	9415

(1) A final plan for a countywide 9-1-1 system either has not	9416
been approved in the county under section 4931.44 of the Revised	9417
Code or has been approved but has not been put into operation	9418
because of a lack of funding;	9419

(2) The board of county commissioners, at least once, has	9420
submitted to the electors of the county the question of raising	9421
funds for a 9-1-1 system under section 4931.51, 5705.19, or	9422
5739.026 of the Revised Code, and a majority of the electors has	9423
disapproved the question each time it was submitted.	9424

(B) A board of county commissioners may adopt a resolution	9425
imposing a monthly charge on telephone access lines to pay for the	9426
equipment costs of establishing and maintaining no more than three	9427
public safety answering points of a countywide 9-1-1 system, which	9428
public safety answering points shall be only twenty-four-hour	9429
dispatching points already existing in the county. The resolution	9430
shall state the amount of the charge, which shall not exceed fifty	9431
cents per month, and the month the charge will first be imposed,	9432
which shall be no earlier than four months after the special	9433
election held pursuant to this section. Each residential and	9434
business telephone company customer within the area served by the	9435
9-1-1 system shall pay the monthly charge for each of its	9436
residential or business customer access lines or their equivalent.	9437

Before adopting a resolution under this division, the board	9438
of county commissioners shall hold at least two public hearings on	9439
the proposed charge. Before the first hearing, the board shall	9440
publish notice of the hearings once a week for two consecutive	9441
weeks in a newspaper of general circulation in the county or as	9442
provided in section 7.16 of the Revised Code. The notice shall	9443
state the amount of the proposed charge, an explanation of the	9444
necessity for the charge, and the date, time, and location of each	9445
of the hearings.	9446

(C) A resolution adopted under division (B) of this section	9447
shall direct the board of elections to submit the question of	9448
imposing the charge to the electors of the county at a special	9449
election on the day of the next primary or general election in the	9450
county. The board of county commissioners shall certify a copy of	9451
the resolution to the board of elections not less than	9452
seventy-five days before the day of the special election. No	9453
resolution adopted under division (B) of this section shall take	9454
effect unless approved by a majority of the electors voting upon	9455
the resolution at an election held pursuant to this section.	9456

In any year, the board of county commissioners may impose a	9457
lesser charge than the amount originally approved by the electors.	9458
The board may change the amount of the charge no more than once a	9459
year. The board may not impose a charge greater than the amount	9460
approved by the electors without first holding an election on the	9461
question of the greater charge.	9462

(D) Money raised from a monthly charge on telephone access	9463
lines under this section shall be deposited into a special fund	9464
created in the county treasury by the board of county	9465
commissioners pursuant to section 5705.12 of the Revised Code, to	9466
be used only for the necessary equipment costs of establishing and	9467
maintaining no more than three public safety answering points of a	9468
countywide 9-1-1 system pursuant to a resolution adopted under	9469
division (B) of this section. In complying with this division, any	9470
county may seek the assistance of the public utilities commission	9471
with regard to operating and maintaining a 9-1-1 system.	9472

(E) Pursuant to the voter approval required by division (C)	9473
of this section, the final plan for a countywide 9-1-1 system that	9474
will be funded through a monthly charge imposed in accordance with	9475
this section shall be amended by the existing 9-1-1 planning	9476
committee, and the amendment of such a final plan is not an	9477
amendment of a final plan for the purpose of division (A) of	9478
section 4931.45 of the Revised Code.	9479

Sec. 4931.53. (A) This section applies only to a county that	9480
has a final plan for a countywide 9-1-1 system that either has not	9481
been approved in the county under section 4931.44 of the Revised	9482
Code or has been approved but has not been put into operation	9483
because of a lack of funding.	9484

(B) A board of county commissioners may adopt a resolution	9485
imposing a monthly charge on telephone access lines to pay for the	9486
operating and equipment costs of establishing and maintaining no	9487
more than one public safety answering point of a countywide 9-1-1	9488
system. The resolution shall state the amount of the charge, which	9489
shall not exceed fifty cents per month, and the month the charge	9490
will first be imposed, which shall be no earlier than four months	9491
after the special election held pursuant to this section. Each	9492
residential and business telephone company customer within the	9493
area of the county served by the 9-1-1 system shall pay the	9494
monthly charge for each of its residential or business customer	9495
access lines or their equivalent.	9496

Before adopting a resolution under this division, the board	9497
of county commissioners shall hold at least two public hearings on	9498
the proposed charge. Before the first hearing, the board shall	9499
publish notice of the hearings once a week for two consecutive	9500
weeks in a newspaper of general circulation in the county or as	9501
provided in section 7.16 of the Revised Code. The notice shall	9502
state the amount of the proposed charge, an explanation of the	9503
necessity for the charge, and the date, time, and location of each	9504
of the hearings.	9505

(C) A resolution adopted under division (B) of this section	9506
shall direct the board of elections to submit the question of	9507
imposing the charge to the electors of the county at a special	9508
election on the day of the next primary or general election in the	9509
county. The board of county commissioners shall certify a copy of	9510
the resolution to the board of elections not less than	9511
seventy-five days before the day of the special election. No	9512
resolution adopted under division (B) of this section shall take	9513
effect unless approved by a majority of the electors voting upon	9514
the resolution at an election held pursuant to this section.	9515

In any year, the board of county commissioners may impose a	9516
lesser charge than the amount originally approved by the electors.	9517
The board may change the amount of the charge no more than once a	9518
year. The board shall not impose a charge greater than the amount	9519
approved by the electors without first holding an election on the	9520
question of the greater charge.	9521

(D) Money raised from a monthly charge on telephone access	9522
lines under this section shall be deposited into a special fund	9523
created in the county treasury by the board of county	9524
commissioners pursuant to section 5705.12 of the Revised Code, to	9525
be used only for the necessary operating and equipment costs of	9526
establishing and maintaining no more than one public safety	9527
answering point of a countywide 9-1-1 system pursuant to a	9528
resolution adopted under division (B) of this section. In	9529
complying with this division, any county may seek the assistance	9530
of the public utilities commission with regard to operating and	9531
maintaining a 9-1-1 system.	9532

(E) Nothing in sections 4931.40 to 4931.53 of the Revised	9533
Code precludes a final plan adopted in accordance with those	9534
sections from being amended to provide that, by agreement included	9535
in the plan, a public safety answering point of another countywide	9536
9-1-1 system is the public safety answering point of a countywide	9537
9-1-1 system funded through a monthly charge imposed in accordance	9538
with this section. In that event, the county for which the public	9539
safety answering point is provided shall be deemed the subdivision	9540
operating the public safety answering point for purposes of	9541
sections 4931.40 to 4931.53 of the Revised Code, except that, for	9542
the purpose of division (D) of section 4931.41 of the Revised	9543
Code, the county shall pay only so much of the costs associated	9544
with establishing, equipping, furnishing, operating, or	9545
maintaining the public safety answering point specified in the	9546
agreement included in the final plan.	9547

(F) Pursuant to the voter approval required by division (C)	9548
of this section, the final plan for a countywide 9-1-1 system that	9549
will be funded through a monthly charge imposed in accordance with	9550
this section, or that will be amended to include an agreement	9551
described in division (E) of this section, shall be amended by the	9552
existing 9-1-1 planning committee, and the amendment of such a	9553
final plan is not an amendment of a final plan for the purpose of	9554
division (A) of section 4931.45 of the Revised Code.	9555

Sec. 5126.42. (A) A county board of mental retardation and	9556
developmental disabilities shall establish an advisory council	9557
composed of board members or employees of the board, providers,	9558
individuals receiving supported living, and advocates for	9559
individuals receiving supported living to provide on-going	9560
communication among all persons concerned with supported living.	9561

(B) The board shall develop procedures for the resolution of	9562
grievances between the board and providers or between the board	9563
and an entity with which it has a shared funding agreement.	9564

(C) The board shall develop and implement a provider	9565
selection system. Each system shall enable an individual to choose	9566
to continue receiving supported living from the same providers, to	9567
select additional providers, or to choose alternative providers.	9568
Annually, the board shall review its provider selection system to	9569
determine whether it has been implemented in a manner that allows	9570
individuals fair and equitable access to providers.	9571

In developing a provider selection system, the county board	9572
shall create a pool of providers for individuals to use in	9573
choosing their providers of supported living. The pool shall be	9574
created by placing in the pool all providers on record with the	9575
board or by placing in the pool all providers approved by the	9576
board through soliciting requests for proposals for supported	9577
living contracts. In either case, only providers that are	9578
certified by the director of mental retardation and developmental	9579
disabilities may be placed in the pool.	9580

If the board places all providers on record in the pool, the	9581
board shall review the pool at least annually to determine whether	9582
each provider has continued interest in being a provider and has	9583
maintained its certification by the department. At any time, an	9584
interested and certified provider may make a request to the board	9585
that it be added to the pool, and the board shall add the provider	9586
to the pool not later than seven days after receiving the request.	9587

If the board solicits requests for proposals for inclusion of	9588
providers in the pool, the board shall develop standards for	9589
selecting the providers to be included. Requests for proposals	9590
shall be solicited at least annually. When requests are solicited,	9591
the board shall cause legal notices to be published ~~at least~~ once	9592
each week for two consecutive weeks in a newspaper ~~with~~of general	9593
circulation within the county or as provided in section 7.16 of	9594
the Revised Code. The board's formal request for proposals shall	9595
include a description of any applicable contract terms, the	9596
standards that are used to select providers for inclusion in the	9597
pool, and the process the board uses to resolve disputes arising	9598
from the selection process. The board shall accept requests from	9599
any entity interested in being a provider of supported living for	9600
individuals served by the board. Requests shall be approved or	9601
denied according to the standards developed by the board.	9602
Providers that previously have been placed in the pool are not	9603
required to resubmit a request for proposal to be included in the	9604
pool, unless the board's standards have been changed.	9605

In assisting an individual in choosing a provider, the county	9606
board shall provide the individual with uniform and consistent	9607
information pertaining to each provider in the pool. An individual	9608
may choose to receive supported living from a provider that is	9609
not included in the pool, if the provider is certified by the	9610
director of mental retardation and developmental disabilities.	9611

Sec. 5310.35. The board of county commissioners shall	9612
conduct the public hearing required by section 5310.33 of the	9613
Revised Code in accordance with this section.	9614

(A)(1) The board shall prepare a notice of the hearing that	9615
includes each of the following:	9616

(a) A statement that the board is considering abolishing land	9617
registration in the county, that abolition would require the	9618
deregistration of all registered land in the county, and that	9619
after abolition all land in the county would have to be dealt with	9620
as nonregistered land;	9621

(b) A statement that the board seeks evidence with regard to	9622
the matters listed in section 5310.34 of the Revised Code;	9623

(c) The date, time, and place of the hearing, which shall be	9624
not earlier than two nor later than three months after the	9625
resolution to consider the merits of abolishing land registration	9626
was adopted by the board;	9627

(d) A statement that any person affected by the proposed	9628
abolition of land registration may appear at the hearing and	9629
present evidence as provided in division (B) of this section.	9630

(2) The board shall serve the notice by both of the following	9631
means:	9632

(a) Ordinary mail, evidenced by a certificate of mailing,	9633
addressed to each person from whom a receipt or signature card,	9634
giving residence and post-office address, has been taken by the	9635
county recorder under section 5309.30 or 5309.50 of the Revised	9636
Code, and to each person who has filed an affidavit with the	9637
county recorder under section 5309.72 of the Revised Code. The	9638
county recorder, within one month after the adoption of a	9639
resolution to consider the merits of abolishing land registration	9640
in the county, shall provide the board with the names and	9641
respective addresses of the persons who are entitled to notice	9642
under this division.	9643

If a notice is returned with an endorsement showing failure	9644
of delivery, the board is under no further obligation to directly	9645
serve the notice upon the addressee. The board shall preserve the	9646
returned notice in the records pertaining to its consideration of	9647
the merits of abolishing land registration in the county.	9648

(b) Publication twice a week for two consecutive weeks in a	9649
newspaper of general circulation in the county or as provided in	9650
section 7.16 of the Revised Code. Publication of the notice shall	9651
be completed at least one month prior to the date set for the	9652
hearing.	9653

(B) At the date, time, and place specified in the notice, the	9654
board shall conduct a hearing, which may be adjourned from day to	9655
day until complete, at which any person affected by the proposed	9656
abolition of land registration may appear in person, by ~~his~~	9657
attorney, or both, and present evidence, orally or in writing,	9658
with regard to the costs and benefits of maintaining land	9659
registration in the county. Any person who presents evidence may	9660
also present evidence refuting any evidence offered in opposition	9661
to ~~his~~the person's evidence.	9662

The board shall cause a stenographic record to be made of the	9663
hearing. The president of the board, or a member hethe president	9664
designates, shall preside at the hearing.	9665

Sec. 5540.031. (A) The board of trustees of a transportation	9666
improvement district may provide for the construction,	9667
reconstruction, improvement, alteration, or repair of any road,	9668
highway, public place, building, or other infrastructure and levy	9669
special assessments, if the board determines that the public	9670
improvement will benefit the area where it will be constructed,	9671
reconstructed, improved, altered, or repaired. However, if the	9672
improvement is proposed for territory in a political subdivision	9673
located outside the district's territory, the legislative	9674
authority of that political subdivision shall approve the	9675
undertaking of the improvement within the political subdivision.	9676

(B) If any improvements are made under this section,	9677
contracts for the improvement may provide that the improvement may	9678
be owned by the district or by the person or corporation supplying	9679
it to the district under a lease.	9680

(C) If the board of trustees of a district proposes an	9681
improvement described in division (A) of this section, the board	9682
shall conduct a hearing on the proposed improvement. The board	9683
shall indicate by metes and bounds the area in which the public	9684
improvement will be made and the area that will benefit from the	9685
improvement.	9686

(D) The board of trustees shall fix a day for a hearing on	9687
the proposed improvement. The secretary-treasurer of the board	9688
shall deliver, to each owner of a parcel of land or a lot that the	9689
board identifies as benefiting from the proposed improvement, a	9690
notice that sets forth the substance of the proposed improvement	9691
and the time and place of the hearing on it. At least fifteen days	9692
before the date set for the hearing, a copy of the notice shall be	9693
served upon the owner or left at ~~his~~the owner's usual place of	9694
residence, or, if the owner is a corporation, upon an officer or	9695
agent of the corporation. On or before the day of the hearing, the	9696
person serving notice of the hearing shall make return thereon,	9697
under oath, of the time and manner of service, and shall file the	9698
notice with the secretary-treasurer of the board.	9699

At least fifteen days before the day set for the hearing on	9700
the proposed improvement, the secretary-treasurer shall give	9701
notice to each nonresident owner of a lot or parcel of land in the	9702
area to be benefited by the improvement, by publication once in a	9703
newspaper ~~published and~~ of general circulation in the one or more	9704
counties in which this area is located. The publication of the	9705
notice shall be verified by affidavit of the printer or other	9706
person having knowledge of the publication and shall be filed with	9707
the secretary-treasurer of the district on or before the date of	9708
the hearing.	9709

(E) At the time and place specified in the notice for a	9710
hearing on the proposed improvement, the board of trustees of the	9711
district shall meet and hear any and all testimony provided by any	9712
of the parties affected by the proposed improvement and by any	9713
other persons competent to testify. The board or its	9714
representatives shall inspect, by an actual viewing, the area to	9715
be benefited by the proposed improvement. The board shall	9716
determine the necessity of the proposed improvement and may find	9717
that the proposed improvement will result in general as well as	9718
special benefits. The board may adjourn from time to time and to	9719
such places as it considers necessary.	9720

(F)(1) The board may award contracts or enter into a lease	9721
agreement for the construction, reconstruction, improvement,	9722
alteration, or repair of any improvement described in division (A)	9723
of this section and may issue notes, bonds, revenue anticipatory	9724
instruments, or other obligations, as authorized by this chapter,	9725
to finance the improvements.	9726

(2) All or a part of the costs and expenses of providing for	9727
the construction, reconstruction, improvement, alteration, or	9728
repair of any improvement described in division (F)(1) of this	9729
section may be paid from a fund into which may be paid special	9730
assessments levied under this section against the lots and parcels	9731
of land in the area to be benefited by the improvement, if the	9732
board finds that the improvement will result in general or special	9733
benefits to the benefited area. These special assessments shall be	9734
levied not more than one time on the same lot or parcel of land.	9735
Such costs and expenses may also be paid from the treasury of the	9736
district or from other available sources in amounts the board	9737
finds appropriate.	9738

(3) The board shall levy special assessments at an amount not	9739
to exceed ten per cent of the assessable value of the lot or	9740
parcel of land being assessed. The board shall determine the	9741
assessable value of a lot or parcel of land in the following	9742
manner: the board shall first determine the fair market value of	9743
the lot or parcel being assessed in the calendar year in which the	9744
area to be benefited by the public improvement is first designated	9745
and then multiply this amount by the average rate of appreciation	9746
in value of the lot or parcel since that calendar year. The	9747
assessable value of the lot or parcel is the current fair market	9748
value of the lot or parcel minus the amount calculated in the	9749
manner described in the immediately preceding sentence. The board	9750
may adjust the assessable value of a lot or parcel of land to	9751
reflect a sale of the lot or parcel that indicates an appreciation	9752
in its value that exceeds its average rate of appreciation in	9753
value.	9754

(4) Special assessments levied by the board may be paid in	9755
full in a lump sum or may be paid and collected in equal	9756
semiannual installments, equal in number to twice the number of	9757
years for which the lease of the improvement is made or twice the	9758
number of years that the note, bond, instrument, or obligation	9759
that the assessments are pledged to pay requires. The assessments	9760
shall be paid and collected in the same manner and at the same	9761
time as real property taxes are paid and collected, and	9762
assessments in the amount of fifty dollars or less shall be paid	9763
in full, and not in installments, at the time the first or next	9764
installment would otherwise become due and payable. Complaints	9765
regarding assessments may be made to the county board of revision	9766
in the same manner as complaints relating to the valuation and	9767
assessment of real property.	9768

Credits against assessments shall be granted equal to the	9769
value of any construction, reconstruction, improvement,	9770
alteration, or repair that an owner of a parcel of land or lot	9771
makes to an improvement pursuant to an agreement between the owner	9772
and the district.	9773

(5) After the levy of a special assessment, the board, at any	9774
time during any year in which an installment of the assessment	9775
becomes due, may pay out of other available funds of the district,	9776
including any state or federal funds available to the district,	9777
the full amount of the price of the contract that the special	9778
assessments are pledged to pay for that year or any other portion	9779
of the remaining obligation. The board shall be the sole	9780
determiner of the definition, extent, and allocation of the	9781
benefit resulting from an improvement that the board authorizes	9782
under this section.	9783

(G)(1) The board shall certify to the appropriate county	9784
auditor the boundaries of the area that is benefited by any public	9785
improvement the board authorizes under this section and, when the	9786
board so requests, the auditor shall apportion the valuation of	9787
any lot or parcel of land lying partly within and partly outside	9788
the area so benefited.	9789

(2) The board by resolution shall assess against the lots and	9790
parcels of land located in the area that is benefited by a public	9791
improvement such portion of the costs of completing the public	9792
improvement as the board determines, for the period that may be	9793
necessary to pay the note, bond, instrument, or obligation issued	9794
to pay for the improvement and the proceedings in relation to it,	9795
and shall certify these costs to the appropriate county auditor.	9796

(3) Except for assessments that have been paid in full in a	9797
lump sum, the county auditor shall annually place upon the tax	9798
duplicate, for collection in semiannual installments, the two	9799
installments of the assessment for that year, which shall be paid	9800
and collected at the same time and in the same manner as real	9801
property taxes. The collected assessments shall be paid to the	9802
treasury of the district and the board of the district shall use	9803
the assessments for any purpose authorized by this chapter.	9804

Sec. 5540.05. The board of trustees of a district may	9805
acquire real property in fee simple in the name of the district in	9806
connection with, but in excess of that needed for, a project by	9807
any method other than appropriation and hold the property for such	9808
period of time as the board determines. All right, title, and	9809
interest of the district in the property may be sold at public	9810
auction or otherwise, as the board considers in the best interests	9811
of the district; but in no event shall the property be sold for	9812
less than two-thirds of its appraised value. Sale at public	9813
auction shall be undertaken only after the board advertises the	9814
sale in a newspaper of general circulation in the district for at	9815
~~least~~ two weeks or as provided in section 7.16 of the Revised	9816
Code, prior to the date set for the sale.	9817

Sec. 5543.10. (A) The county engineer, upon the order of the	9818
board of county commissioners or board of township trustees, shall	9819
construct sidewalks, curbs, or gutters of suitable materials,	9820
along or connecting the public highways, outside any municipal	9821
corporation, upon the petition of a majority of the abutting	9822
property owners. The expense of the construction of these	9823
improvements may be paid by the county or township, or by the	9824
county or township and abutting property owners in such proportion	9825
as determined by the board of county commissioners or board of	9826
township trustees. The board of county commissioners or board of	9827
township trustees may assess part or all of the cost of these	9828
improvements against the abutting property owners, in proportion	9829
to benefits accruing to their property.	9830

The board of county commissioners or board of township	9831
trustees, by unanimous vote, may order the construction, repair,	9832
or maintenance of sidewalks, curbs, and gutters along or	9833
connecting the public highways, outside a municipal corporation,	9834
without a petition for that construction, repair, or maintenance,	9835
and may assess none, all, or any part of the cost against abutting	9836
property owners, provided that notice is given by publication for	9837
three successive weeks in a newspaper of general circulation	9838
within the county or as provided in section 7.16 of the Revised	9839
Code, stating the intention of the board of county commissioners	9840
or board of township trustees to construct, repair, or maintain	9841
the specified improvements and fixing a date for a hearing on	9842
them. As part of a sidewalk improvement, the board may include	9843
the repair or reconstruction of a driveway within the sidewalk	9844
easement. As part of a curb improvement, the board may include	9845
construction or repair of a driveway apron.	9846

Notice to all abutting property owners shall be given by two	9847
publications in a newspaper of general circulation in the county	9848
or as provided in section 7.16 of the Revised Code, at least ten	9849
days prior to the date fixed in the notice for the making of	9850
assessments. The notice shall state the time and place when	9851
abutting property owners will be given an opportunity to be heard	9852
with reference to assessments. The board of county commissioners	9853
or board of township trustees shall determine whether assessments	9854
shall be paid in one or more installments.	9855

(B) The county engineer may trim or remove any and all trees,	9856
shrubs, and other vegetation growing in or encroaching onto the	9857
right-of-way of the easement of a public sidewalk along or	9858
connecting the public highways and maintained by the county, and	9859
the board of township trustees may trim or remove any and all	9860
trees, shrubs, and other vegetation growing in or encroaching onto	9861
the right-of-way of the easement of a public sidewalk along or	9862
connecting the public highways and maintained by the township, as	9863
is necessary in the engineer's or board's judgment to facilitate	9864
the right of the public to improvement and maintenance of, and	9865
uninterrupted travel on, public sidewalks in the county or	9866
township.	9867

Sec. 5552.06. (A) A board of county commissioners or a board	9868
of township trustees may adopt access management regulations or	9869
any amendments to those regulations after holding at least two	9870
public hearings at regular or special sessions of the board. The	9871
board shall consider the county engineer's proposed regulations	9872
prepared under division (B) of section 5552.04 or 5552.05 of the	9873
Revised Code and all comments on those regulations. The board, in	9874
its discretion, may, but need not, adopt any or all of those	9875
proposed regulations. After the public hearings, the board may	9876
decide not to adopt any access management regulations.	9877

The board shall publish notice of the public hearings in a	9878
newspaper of general circulation in the county or township, as	9879
applicable, once a week for ~~at least~~ two weeks or as provided in	9880
section 7.16 of the Revised Code, immediately preceding the	9881
hearings. The notice shall include the time, date, and place of	9882
each hearing. Copies of any proposed regulations or amendments	9883
shall be made available to the public at the board's office and,	9884
if the county engineer administers or is proposed to administer a	9885
point of access permit, in the engineer's office.	9886

(B) In addition to the notice required by division (A) of	9887
this section, not less than thirty days before holding a public	9888
hearing, a board of county commissioners shall send a copy of the	9889
county engineer's proposed regulations, a copy of the advisory	9890
committee's recommendations, and a request for written comments to	9891
the board of township trustees of each township in the county, the	9892
department of transportation district deputy director for the	9893
district in which the county is located, a representative of the	9894
metropolitan planning organization, where applicable, and at least	9895
the local professional associations representing the following	9896
professions:	9897

(1) Homebuilders;

9898

(2) Realtors;

9899

(3) Professional surveyors;

9900

(4) Attorneys;

9901

(5) Professional engineers.

9902

(C) In addition to the notice required by division (A) of	9903
this section, a board of township trustees shall send a copy of	9904
the county engineer's proposed regulations, a copy of the advisory	9905
committee's recommendations, and a request for written comments,	9906
not less than thirty days before holding a public hearing, to the	9907
department of transportation district deputy director for the	9908
district in which the township is located, a representative of the	9909
metropolitan planning organization, where applicable, and at least	9910
the local professional associations representing the professions	9911
listed in division (B) of this section.	9912

Sec. 5553.05. (A) In the resolution required by section	9913
5553.04 of the Revised Code, the board of county commissioners	9914
shall fix a date when it will view the proposed improvement, and	9915
also a date for a final hearing thereon.	9916

The board shall give notice of the time and place for both	9917
such view and hearing by publication once a week for two	9918
consecutive weeks in a newspaper ~~published and having~~of general	9919
circulation in the county where such improvement is located~~, but~~	9920
~~if there is no such newspaper published in said county, then in a~~	9921
~~newspaper having general circulation in said county~~or as provided	9922
in section 7.16 of the Revised Code. Such notice, in addition to	9923
the date and place of such view and place and time of the final	9924
hearing, shall state briefly the character of such improvement.	9925

(B) If the board adopts a resolution to vacate a public road	9926
as provided in section 5553.04 of the Revised Code, or if a	9927
petition to vacate a public road is filed, the board shall, in	9928
addition to the notice of the time and place for hearing	9929
prescribed in division (A) of this section, send written notice of	9930
the hearing by first class mail at least twenty days before the	9931
date of the public hearing to owners of property abutting upon	9932
that portion of the road to be vacated, and to the director of	9933
natural resources. Such notice shall be mailed to the addresses of	9934
such owners appearing on the county auditor's current tax list or	9935
the treasurer's mailing list, and such other list or lists that	9936
may be specified by the board. The failure of the delivery of such	9937
notice does not invalidate any such vacating of the road	9938
authorized in the resolution.	9939

Sec. 5553.19. The county engineer shall view and survey the	9940
road as provided in section 5553.18 of the Revised Code, and shall	9941
make a return of the survey and plat of the road to the board of	9942
county commissioners. Upon the filing of the report of the	9943
engineer, the board shall give notice of the filing of such report	9944
by publication as provided in section 7.16 of the Revised Code or	9945
once each week for three consecutive weeks in a newspaper	9946
~~published and having~~of general circulation in the county in	9947
which such road is situated~~, but if there is no such newspaper~~	9948
~~published in said county, then in a newspaper having general~~	9949
~~circulation in said county~~. Such notice shall state the date and	9950
time of the hearing upon the report of the engineer. If exceptions	9951
or objections are made, the board shall hear them, and it may	9952
approve or reject said report. If the report of the engineer is	9953
approved, the board shall cause such report to be recorded	9954
together with the survey and plat of such road.	9955

Sec. 5553.23. If a person through whose land a public road	9956
has been established, which is under the jurisdiction of the board	9957
of county commissioners, desires to turn or change or relocate	9958
such road or any part thereof through any part of ~~his~~the person's	9959
land, hethe person may file a petition with the board of county	9960
commissioners setting forth briefly the particular change he	9961
~~desires~~desired. Upon the receipt of such petition, the board	9962
shall give notice by publication once not later than two weeks	9963
prior to the date for the hearing on such petition in ~~some~~a	9964
newspaper ~~published and~~ of general circulation in said county, ~~but~~	9965
~~if there is no such newspaper published in said county, then in a~~	9966
~~newspaper having general circulation in said county,~~ stating that	9967
such petition has been filed and setting forth the change desired	9968
in such road and the date and place for the hearing on said	9969
petition. If a public road was once established for public	9970
convenience through private lands, but has not been improved by	9971
public funds and for more than twenty-one years has not been used,	9972
the owner of such land may petition the board to vacate the road	9973
in accordance with proceedings under sections 5553.04 to 5553.11	9974
of the Revised Code.	9975

A person through whose land a trail right of way has been	9976
preserved under section 5553.044 of the Revised Code may file a	9977
petition to turn or change the route of the trail right of way in	9978
the manner provided in this section, and such petition shall be	9979
acted upon in the manner set forth in sections 5553.23 to 5553.31	9980
of the Revised Code. Notice of the hearing in such case shall also	9981
be made by first class mail to the director of natural resources.	9982
If the board turns or changes the route of the trail right of way,	9983
it shall furnish the director with a full and accurate description	9984
or map of the change.	9985

Sec. 5553.42. The board of county commissioners shall give	9986
notice to the owners of lands through which the proposed road will	9987
pass of the filing of the petition provided for in section 5553.41	9988
of the Revised Code and the date and place of the hearing thereon.	9989
Such notice shall be served on such owners personally, or by	9990
leaving a copy of such notice at the usual place of residence of	9991
such owners at least five days before the date of the hearing on	9992
said petition. Proof of service of such notice shall be made by	9993
affidavit of the person serving such notice. If any of such owners	9994
are nonresidents of the county, the board shall give notice to	9995
such nonresidents by publication once each week for two	9996
consecutive weeks in a newspaper ~~published and having~~of general	9997
circulation ~~within~~in the county~~, but if there is no such~~	9998
~~newspaper published in said county, then in a newspaper having~~	9999
~~general circulation in said county~~or as provided in section 7.16	10000
of the Revised Code. A copy of the newspaper containing such	10001
notice shall be mailed by the county auditor to each nonresident	10002
whose post-office address is known to such auditor. Such notice	10003
shall state the time and place of the hearing on claims for	10004
compensation and damages.	10005

Sec. 5555.07. The county engineer shall prepare and file	10006
with the board of county commissioners, by the time fixed therefor	10007
by the board, copies of the surveys, plans, profiles, cross	10008
sections, estimates of costs, and specifications for the	10009
improvement and estimated assessments upon lands benefited	10010
thereby. Thereupon such board shall file such copies in its office	10011
for the inspection and examination of all persons interested.	10012
Except in a case involving the improvement of a public road in	10013
which no land or property is taken or assessed, the board shall	10014
publish in a newspaper ~~published and~~ of general circulation in the	10015
county, ~~or if no newspaper is published in the county then in a~~	10016
~~newspaper having general circulation in the county,~~ for the period	10017
of two weeks or as provided in section 7.16 of the Revised Code,	10018
notice that a resolution has been adopted providing for said	10019
improvement, and that copies of the surveys, plans, profiles,	10020
cross sections, estimates, and specifications, together with	10021
estimated assessments upon the lands benefited by such improvement	10022
for the proportion of the cost thereof to be assessed therefor,	10023
are on file in the office of the board for the inspection of	10024
persons interested therein. Such notice shall state the time and	10025
place for hearing objections to said improvement and to such	10026
estimated assessments. In a case involving the improvement of a	10027
public road in which no land or property is taken or assessed,	10028
the board shall publish the notice required by this section once a	10029
week for two consecutive weeks or as provided in section 7.16 of	10030
the Revised Code.	10031

At such hearing the board may order said surveys, plans,	10032
profiles, cross sections, estimates, and specifications to be	10033
changed or modified and shall make such adjustments of the	10034
estimated assessments as seem just to it. Thereupon the board may	10035
approve such surveys, plans, profiles, cross sections,	10036
specifications, and estimates and approve and confirm estimated	10037
assessments as made by the engineer or as modified and changed by	10038
the board. Such assessments when so approved and confirmed shall	10039
be certified to the county auditor of the county and shall	10040
thereupon become a lien upon the land charged therewith. The board	10041
may declare against said improvement.	10042

Sec. 5555.27. As soon as the county engineer has transmitted	10043
to the several boards of county commissioners copies of ~~his~~the	10044
engineer's surveys, plans, profiles, cross sections, estimates,	10045
and specifications for the improvement, the joint board of county	10046
commissioners shall, except in cases of reconstruction or repair	10047
of roads where no lands or property are taken, fix a time and	10048
place for hearing objections to said improvement. The joint board	10049
shall thereupon, except in cases of reconstruction or repair of	10050
roads where no lands or property are taken, publish in a newspaper	10051
~~published and~~ of general circulation within each interested	10052
county, ~~or if there is no such newspaper published in such county~~	10053
~~then in a newspaper having general circulation in such county,~~	10054
once a week for two consecutive weeks or as provided in section	10055
7.16 of the Revised Code, a notice that such improvement is to be	10056
made and that copies of the surveys, plans, profiles, cross	10057
sections, estimates, and specifications therefor are on file in	10058
the office of the board of each interested county for the	10059
inspection and examination of all persons interested therein. Such	10060
notice shall also state the time and place for hearing objections	10061
to said improvement. Proceedings for the appropriation of land	10062
needed for such improvement shall be maintained in accordance	10063
with sections 163.01 to 163.22~~, inclusive,~~ of the Revised Code.	10064

Sec. 5555.42. A board of county commissioners desiring to	10065
construct a county road improvement, and finding that no equitable	10066
method of apportioning the compensation, damages, and expenses	10067
thereof is provided by section 5555.41 of the Revised Code, or	10068
finding that an equitable assessment cannot be made by the use of	10069
any of the several assessment areas authorized by said section,	10070
may order the county engineer to make a tentative plan for such	10071
improvement and an approximate estimate of the cost. Such board	10072
may thereupon file an application in the court of common pleas	10073
describing the improvement in question, and a copy of the	10074
tentative plan and approximate estimate of cost shall be attached	10075
to such application. The board shall set forth in such application	10076
that the compensation, damages, and expenses of the improvement	10077
cannot be equitably apportioned under any of the several plans	10078
provided by said section or that such compensation, damages, and	10079
expenses cannot be equitably assessed by the use of any one of the	10080
several assessment areas authorized by said section, or that both	10081
such conditions exist, and it shall set forth a method of	10082
apportioning the compensation, damages, and expenses and a	10083
definite description of the area against which it desires to	10084
assess any part of such compensation, damages, and expenses. The	10085
application shall contain a prayer requesting authority from such	10086
court to construct the improvement and apportion the compensation,	10087
damages, and expenses according to the plan suggested by such	10088
board and to assess the designated portion of the cost against the	10089
real estate within the area described in the petition.	10090

Notice of the filing and pendency of such application shall	10091
be given once a week for four consecutive weeks by publication in	10092
~~two newspapers published and of general circulation in the county,~~	10093
~~or if there are no such newspapers then in two newspapers~~a	10094
newspaper of general circulation in such county or as provided in	10095
section 7.16 of the Revised Code. Such notice shall describe the	10096
route and termini of the improvement and set forth the estimated	10097
cost and the proposed method of apportionment and assessment area.	10098
After such notice has been given, the court or a judge thereof	10099
shall fix a time for a hearing on such application, and, at the	10100
time fixed, the court or a judge thereof shall hear such	10101
application and all evidence offered by the board or any taxpayer	10102
of the county for or against the proposed plan of apportionment	10103
and for or against the use of the suggested assessment area. If	10104
the court finds that the suggested plan of apportionment and the	10105
area against which special assessments are to be made are fair and	10106
just, that the cost of the improvement will not be excessive in	10107
view of the benefits conferred, and that all the real estate	10108
within the suggested assessment area will be benefited by the	10109
construction of the improvement upon the plan suggested and by the	10110
use of the method of apportionment set forth in said application,	10111
such court may authorize the board to proceed upon the suggested	10112
plan and to apportion the compensation, damages, and expenses in	10113
the manner set forth in the application and to assess against the	10114
real estate within the assessment area designated in the	10115
application, according to the benefits, that portion of the cost	10116
to be specially assessed; otherwise the court shall dismiss the	10117
application and the board may not proceed with the improvement.	10118
The court may modify the suggested plan of apportionment or the	10119
suggested assessment area and grant the prayer of the application	10120
subject to such modifications as it determines are just and	10121
proper. The board in its application may set up any division of	10122
cost which it thinks proper among the county, the owners of lands	10123
to be specially assessed, and any municipal corporation within	10124
which such projected improvement is situated in whole or in part,	10125
but no portion of the cost may be apportioned to a municipal	10126
corporation without the consent of such municipal corporation	10127
evidenced by an ordinance or resolution of its legislative	10128
authority.	10129

When the prayer of any such application is granted by the	10130
court or a judge thereof and the plan of apportionment and area of	10131
assessment is approved by such court, either as set forth in the	10132
application or as modified by the court, the board may proceed	10133
with the construction of the improvement and use the method of	10134
apportionment and the assessment area authorized by the court. In	10135
such event, the board may levy taxes and issue bonds in the manner	10136
provided by law with respect to improvements, the compensation,	10137
damages, and expenses of which are apportioned and paid as	10138
provided in section 5555.41 of the Revised Code, and all	10139
proceedings in connection with such improvement shall be conducted	10140
in accordance with sections 5555.01 to 5555.83 of the Revised	10141
Code, except as provided in this section. The special assessments	10142
shall be made by the board against the real estate within the	10143
assessment area authorized by the court, but no assessment against	10144
any lot or parcel of real estate shall exceed the actual benefits	10145
conferred thereon by the construction of the improvement. This	10146
section also applies to improvements of sections of a state	10147
highway within counties having a tax duplicate of real and	10148
personal property in excess of three hundred million dollars, and	10149
with respect to which the board desires to co-operate with the	10150
department of transportation.	10151

Sec. 5559.06. Upon the completion of the surveys, plans,	10152
profiles, cross sections, estimates, and specifications for an	10153
improvement under section 5559.02 of the Revised Code by the	10154
county engineer, hethe engineer shall transmit to the board of	10155
county commissioners copies of such surveys, plans, profiles,	10156
cross sections, estimates, and specifications. The board shall	10157
then publish, in a newspaper ~~published and~~ of general circulation	10158
within the county, ~~and if there is no such newspaper published in~~	10159
~~the county then in one having general circulation in such county,~~	10160
once a week for two consecutive weeks or as provided in section	10161
7.16 of the Revised Code, a notice that such improvement is to be	10162
made and that copies of the surveys, plans, profiles, cross	10163
sections, estimates, and specifications for it are on file in the	10164
office of the board for the inspection and examination of all	10165
persons interested. Such notice shall also state the time and	10166
place for hearing objections to the improvement.	10167

In the event that land or property is to be taken for such	10168
improvement, such taking shall be in accordance with sections	10169
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	10170

Sec. 5559.10. As soon as all questions of compensation and	10171
damages have been determined in a road improvement case, the	10172
county engineer shall make, upon actual view, an estimated	10173
assessment upon the real estate to be charged therewith, of the	10174
compensation, damages, and costs of an improvement as provided by	10175
section 5559.02 of the Revised Code. Such estimated assessment	10176
shall be according to the benefit which will result to the real	10177
estate. In making such assessment the engineer may take into	10178
consideration any previous special assessments made upon the real	10179
estate for road improvements. The schedule of such assessments	10180
shall be filed in the office of the board of county commissioners	10181
for the inspection of the persons interested. Before adopting the	10182
assessment, the board shall publish, once each week for two	10183
consecutive weeks, in ~~some~~a newspaper ~~published and~~ of general	10184
circulation in the county or as provided in section 7.16 of the	10185
Revised Code, ~~but if there is no such newspaper then in one~~	10186
~~having general circulation in the county,~~ notice that such	10187
assessment has been made, is on file in the office of the board,	10188
and the date when objections will be heard to such assessment. If	10189
any owner of property affected thereby desires, hethe owner may	10190
file ~~his~~ objections to said assessments, in writing, with the	10191
board before the time for hearing. If any objections are filed the	10192
board shall hear them and act as an equalizing board. It may	10193
change such assessments if, in its opinion, any change is	10194
necessary to make them just and equitable, and the board shall	10195
approve and confirm such assessments as reported by the engineer	10196
or modified by it. Such assessments, when so approved and	10197
confirmed, shall be a lien on the land chargeable therewith.	10198

Sec. 5559.12. After the board of county commissioners has	10199
decided to proceed with an improvement as provided by section	10200
5559.02 of the Revised Code, it shall advertise for bids once, not	10201
later than two weeks prior to the date fixed for the letting of	10202
the contract, in a newspaper ~~published and~~ of general circulation	10203
in the county~~, but if there is no such newspaper then in one~~	10204
~~having general circulation in such county~~. Such notice shall state	10205
that copies of the surveys, plans, profiles, cross sections,	10206
estimates, and specifications for such improvement are on file in	10207
the office of the board, and the time within which bids will be	10208
received. The board shall award the contract to the lowest	10209
responsible bidder.	10210

The contract shall be let upon the basis of lump sum bids,	10211
unless the board orders that it be let upon the basis of unit	10212
price bids, in which event it shall be let upon such basis. The	10213
bids received shall be opened at the time stated in the notice.	10214
The board may reject all bids.	10215

Sec. 5561.04. The board of county commissioners, desiring to	10216
proceed under sections 4957.06 and 5561.01 to 5561.15 of the	10217
Revised Code, shall, after receipt of the certificate of necessity	10218
and expediency from the director of transportation, as provided in	10219
section 5561.03 of the Revised Code, hold a public hearing as to	10220
the expediency of constructing such improvement, notice of which	10221
shall be given by publication in ~~two newspapers published and~~a	10222
newspaper of general circulation in the county, ~~if such there be,~~	10223
~~otherwise in two newspapers of general circulation in such county,~~	10224
for two weeks prior to the date set for such hearing or as	10225
provided in section 7.16 of the Revised Code, and shall be served	10226
upon the railroad or interurban railway companies in the manner	10227
for the service of summons in civil actions, not less than twenty	10228
days prior to the date of such hearing.	10229

The board, after such hearing and for the purpose of making	10230
or causing such an improvement to be made, may, by resolution	10231
adopted by unanimous vote, require the railroad company, in	10232
co-operation with the county engineer or any engineer designated	10233
by the board, to prepare and submit to the board within six	10234
months, unless longer time is mutually agreed upon in writing,	10235
plans and specifications for such improvements, specifying the	10236
number, character, and location of all piers and supports which	10237
are to be permanently placed in any road or highway, specifying	10238
the grades to be established for the roads and the height,	10239
character, and estimated cost of any viaduct or way above or below	10240
any railroad track, and the change of grade required to be made of	10241
such tracks including side tracks and switches. But in changing	10242
the grade of any railroad, no grade shall be required in excess of	10243
that adopted by the railroad company for its construction work on	10244
that division or part of the railroad on which the improvement is	10245
to be made, without the consent of the railroad company, nor shall	10246
the railroad company's tracks be required to be placed below	10247
high-water mark.	10248

Such resolution shall be published in the same manner as	10249
resolutions of the legislative authority of a municipal	10250
corporation declaring the necessity of a contemplated public	10251
improvement, and shall be served by the sheriff upon the railroad	10252
or interurban railway companies in the manner provided for the	10253
service of summons in civil actions. If the proposed public	10254
improvement is to be made within a municipal corporation, notice	10255
of the passage of the same shall be served upon the municipal	10256
corporation by delivering to the clerk of the village or	10257
legislative authority of a city a true copy thereof.	10258

If, at the expiration of six months from the passage of such	10259
resolution, the railroad company has refused or failed to	10260
co-operate in the preparation of such plans and specifications, or	10261
if the county engineer or engineer designated by the board and the	10262
railroad company fail to agree upon the plans and specification of	10263
such improvement, then either the railroad company or the county	10264
may submit the matter of determining the method by which the	10265
improvement shall be made to the court of common pleas of such	10266
county. Either the county or company, after the expiration of six	10267
months from the passage of the resolution, may apply to such court	10268
by petition, accompanied by the necessary plans prepared by the	10269
county or railroad company, covering the grade crossing proposed	10270
to be abolished. Such plans must show the grades to be established	10271
for such roads or highways, the changes to be made in the location	10272
of roads or highways, the height, character, and estimated cost of	10273
any viaduct or way above or below the railroad tracks, the number,	10274
character, and location of piers, abutments, or supports to be	10275
permanently located in the roads or highways, and the change of	10276
grade to be made in any railroad tracks, including sidetracks and	10277
switches.	10278

Sec. 5561.08. Notice of the passage of a resolution for a	10279
grade crossing improvement shall be served by the sheriff of the	10280
county, upon the owner of each piece of property which will be	10281
affected by any change of grade, in the manner provided for the	10282
service of summons in civil actions. If any of such owners are	10283
nonresidents of the county, or if it appears from the return that	10284
they cannot be found, the notice shall be published for at least	10285
two weeks in ~~an English language~~a newspaper ~~published~~of general	10286
circulation in ~~such~~the county or as provided in section 7.16 of	10287
the Revised Code. Notice shall be completed at least twenty days	10288
before any work is done on such improvement, and the sheriff's	10289
return shall be prima-facie evidence of the facts recited	10290
therein.	10291

Section 727.18 of the Revised Code shall apply to the notice	10292
provided for in this section, and to all claims for damages by	10293
reason of such improvement. Such claims shall be filed with the	10294
county auditor within the time, and rights thereunder shall pass	10295
to vendees, as provided in such section. After the expiration of	10296
the time provided for the filing of claims, the board of county	10297
commissioners, when claims have been filed within the time	10298
limited, shall determine, by resolution, whether such claims are	10299
to be judicially inquired into before commencing or after the	10300
completion of the proposed improvement. Thereupon, the county	10301
prosecutor shall make application for a jury, to the court of	10302
common pleas, or probate court of the county, before commencing or	10303
after the completion of the improvement, as the board determines,	10304
and all proceedings upon such application shall be governed by the	10305
laws relating to similar applications provided for in cases of	10306
city improvements.	10307

Sec. 5571.011. If a person through whose land a public road	10308
has been established which is under the jurisdiction of a board of	10309
township trustees, desires to turn or change or relocate such road	10310
or any part thereof through any part of ~~his~~the person's land, he	10311
the person may file a petition with such board of township	10312
trustees setting forth briefly the particular change ~~he desires~~	10313
desired. Upon receipt of such petition, the board of township	10314
trustees shall give notice by publication once, not later than two	10315
weeks prior to the date which such board shall fix for a hearing	10316
on such petition, in a newspaper ~~published or~~ of general	10317
circulation in said township, stating that such petition has been	10318
filed and setting forth the change desired in such road and the	10319
date and place of such hearing.	10320

Upon receipt of such a petition the board of township	10321
trustees shall cause a competent engineer to make a survey of the	10322
ground over which the road is proposed to be changed, and to make	10323
a report in writing, together with a plat and survey of the	10324
proposed change and ~~his~~the engineer's opinion as to its advantage	10325
or disadvantage. The report of such engineer shall be filed with	10326
the board prior to the hearing of such petition.	10327

At the hearing had on the petition the board of township	10328
trustees may hear evidence for or against changing the road, and	10329
if the board is satisfied that the proposed change will not cause	10330
serious injury or disadvantage to the public, it may make a	10331
finding of such fact in its journal and authorize the petitioner	10332
to change such road in conformity with the prayer of the petition.	10333
The board may grant the change as prayed for in the petition, or	10334
it may order such change of the route of such road as will, in its	10335
judgment, be for the best interest of the public.	10336

Upon receiving satisfactory evidence that the road has been	10337
changed as authorized by it, and opened to the legal width and	10338
improved as required by it, the board of township trustees shall	10339
declare such new road a public highway and cause a record thereof	10340
to be made and at the same time vacate so much of the old road as	10341
is rendered unnecessary by the new road. The person petitioning	10342
for such change shall in all cases pay all costs and expenses in	10343
connection with the proceeding, as found and determined by the	10344
board, and the expense of making such change, including the cost	10345
of relocation of any conduits, cables, wires, towers, poles or	10346
other equipment or appliances of any public utility, located on,	10347
over or under such road. The petitioner shall, on the filing of	10348
the petition for such change, give bond to the satisfaction of the	10349
board in such amount as it determines to secure payment of the	10350
costs of the proceeding and to cover the expense of making the	10351
change asked for by the petition.	10352

Sec. 5573.02. Upon the completion of the surveys, plans,	10353
profiles, cross sections, estimates, and specifications for a road	10354
improvement by the county engineer, hethe engineer shall transmit	10355
to the board of township trustees copies of the same. Except in	10356
cases of reconstruction or repair of roads, where no land or	10357
property is taken, the board shall then cause to be published in a	10358
newspaper~~, published in the county and~~ of general circulation	10359
within the township, ~~but if no such paper is published in the~~	10360
~~county then in one having general circulation in such township,~~	10361
once a week for two consecutive weeks or as provided in section	10362
7.16 of the Revised Code, a notice that such improvement is to be	10363
made and that copies of the surveys, plans, profiles, cross	10364
sections, estimates, and specifications for it are on file with	10365
the board for the inspection and examination of all persons	10366
interested.	10367

In the event that land or property is to be taken for such	10368
improvement, proceedings shall be had in accordance with sections	10369
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	10370

Sec. 5573.10. As soon as all questions of compensation and	10371
damages have been determined for any road improvement, the county	10372
engineer shall make, upon actual view, an estimated assessment,	10373
upon the real estate to be charged, of such part of the	10374
compensation, damages, and costs of such improvement as is to be	10375
specially assessed. Such assessment shall be according to the	10376
benefits which will result to the real estate. In making such	10377
assessment the engineer may take into consideration any previous	10378
special assessment made upon such real estate for road	10379
improvements.	10380

The schedule for such assessments shall be filed with the	10381
board of township trustees for the inspection of the persons	10382
interested. Before adopting the estimated assessment, the board	10383
shall publish once each week for two consecutive weeks, in ~~some~~a	10384
newspaper ~~published in the county and~~ of general circulation	10385
within such township~~, but if there is no such paper published in~~	10386
~~said county then in one having general circulation in such~~	10387
~~township~~or as provided in section 7.16 of the Revised Code,	10388
notice that such assessment has been made and is on file with the	10389
board, and the date when objections will be heard to such	10390
assessment.	10391

If any owner of property affected desires to make objections,	10392
hethe owner may file ~~his~~ objections to such assessments, in	10393
writing, with the board, before the time of such hearing. If any	10394
objections are filed the board shall hear them and act as an	10395
equalizing board, and may change assessments if, in its opinion,	10396
any changes are necessary to make them just and equitable. The	10397
board shall approve and confirm assessments as reported by the	10398
engineer or modified by the board. Such assessments, when	10399
approved and confirmed, shall be a lien on the land chargeable	10400
therewith.	10401

Sec. 5575.01. (A) In the maintenance and repair of roads,	10402
the board of township trustees may proceed either by contract or	10403
force account, but, unless the exemption specified in division (C)	10404
of this section applies, if the board wishes to proceed by force	10405
account, it first shall cause the county engineer to complete the	10406
force account assessment form developed by the auditor of state	10407
under section 117.16 of the Revised Code. Except as otherwise	10408
provided in sections 505.08 and 505.101 of the Revised Code, when	10409
the board proceeds by contract, the contract shall, if the amount	10410
involved exceeds forty-five thousand dollars, be let by the board	10411
to the lowest responsible bidder after advertisement for bids	10412
once, not later than two weeks, prior to the date fixed for the	10413
letting of the contract, in a newspaper ~~published in the county~~	10414
~~and~~ of general circulation within the township ~~or, if no newspaper~~	10415
~~is published in the county, in a newspaper having general~~	10416
~~circulation in the township~~. If the amount involved is forty-five	10417
thousand dollars or less, a contract may be let without	10418
competitive bidding, or the work may be done by force account.	10419
Such a contract shall be performed under the supervision of a	10420
member of the board or the township road superintendent.	10421

(B) Before undertaking the construction or reconstruction of	10422
a township road, the board shall cause to be made by the county	10423
engineer an estimate of the cost of the work, which estimate shall	10424
include labor, material, freight, fuel, hauling, use of machinery	10425
and equipment, and all other items of cost. If the board finds it	10426
in the best interest of the public, it may, in lieu of	10427
constructing the road by contract, proceed to construct the road	10428
by force account. Except as otherwise provided under sections	10429
505.08 and 505.101 of the Revised Code, where the total ~~estimate~~	10430
estimated cost of the work exceeds fifteen thousand dollars per	10431
mile, the board shall invite and receive competitive bids for	10432
furnishing all the labor, materials, and equipment and doing the	10433
work, as provided in section 5575.02 of the Revised Code, and	10434
shall consider and reject them before ordering the work done by	10435
force account. When such bids are received, considered, and	10436
rejected, and the work is done by force account, the work shall be	10437
performed in compliance with the plans and specifications upon	10438
which the bids were based.	10439

(C) Force account assessment forms are not required under	10440
division (A) of this section for road maintenance or repair	10441
projects of less than fifteen thousand dollars, or under division	10442
(B) of this section for road construction or reconstruction	10443
projects of less than five thousand dollars per mile.	10444

(D) All force account work under this section shall be done	10445
under the direction of a member of the board or the township road	10446
superintendent.	10447

Sec. 5575.02. After the board of township trustees has	10448
decided to proceed with a road improvement, it shall advertise for	10449
bids once, not later than two weeks prior to the date fixed for	10450
the letting of contracts, in a newspaper ~~published in the county~~	10451
~~and~~ of general circulation within ~~such~~the township~~, but if there~~	10452
~~is no such paper published in the county then in one having~~	10453
~~general circulation in the township~~. Such notice shall state that	10454
copies of the surveys, plans, profiles, cross sections, estimates,	10455
and specifications for such improvement are on file with the	10456
board, and the time within which bids will be received. The board	10457
may let the work as a whole or in convenient sections, as it	10458
determines. The contract shall be awarded to the lowest and best	10459
bidder who meets the requirements of section 153.54 of the Revised	10460
Code, and shall be let upon the basis of lump sum bids, unless the	10461
board orders that it be let upon the basis of unit price bids, in	10462
which event it shall be let upon such basis.	10463

Sec. 5591.15. All resolutions and notices provided for in	10464
sections 5591.03 to 5591.17 of the Revised Code, shall be	10465
published in a newspaper ~~published in and~~ of general circulation	10466
in the county where the improvement provided in such sections is	10467
to be made, and such publication shall be complete when published	10468
once a week, on the same day of the week, for two consecutive	10469
weeks or as provided in section 7.16 of the Revised Code.	10470

Sec. 5593.08. The bridge commission of any county or city	10471
may:	10472

(A) Adopt bylaws for the regulation of its affairs and the	10473
conduct of its business;	10474

(B) Adopt an official seal, which shall not be the seal of	10475
Ohio;	10476

(C) Maintain a principal office and suboffices at such places	10477
within the county or city as it designates;	10478

(D) Sue and be sued in its own name, and plead and be	10479
impleaded. Any actions against a bridge commission shall be	10480
brought in the court of common pleas of the county in which the	10481
principal office of the commission is located, or in the court of	10482
common pleas of the county in which the cause of action arose,	10483
when such county is located within this state. All summonses,	10484
exceptions, and notices of every kind shall be served on the	10485
commission by leaving a copy thereof at the principal office with	10486
the secretary-treasurer or the person in charge.	10487

(E) Construct, acquire by purchase or condemnation, improve,	10488
maintain, repair, police, and operate any bridge, and establish	10489
rules for the use of any such bridge;	10490

(F) Issue bridge revenue bonds of the county or city, payable	10491
solely from revenues, as provided in sections 5593.10 and 5593.16	10492
of the Revised Code, for the purpose of paying any part of the	10493
cost of any bridge or bridges;	10494

(G) Fix and revise from time to time and charge and collect	10495
tolls for transit over each bridge constructed or acquired by it;	10496

(H) Acquire, hold, and dispose of real and personal property	10497
in the exercise of its powers and the performance of its duties	10498
under this chapter;	10499

(I) Acquire, in the name of the county or city, as the case	10500
may be, by purchase or otherwise, on such terms and in such manner	10501
as it determines proper, or by the exercise of the right of	10502
condemnation in the manner provided by sections 163.01 to 163.22	10503
of the Revised Code, any bridge, land, rights, easements,	10504
franchises, and other property necessary or convenient for the	10505
construction of a bridge or the improvement or efficient operation	10506
of any property acquired or constructed under this chapter, or for	10507
securing right-of-way leading to any such bridge or its approach	10508
facilities;	10509

(J) Make and enter into all contracts and agreements	10510
necessary or incidental to the performance of its duties and the	10511
execution of its powers under this chapter:	10512

(1) When the cost under any such contract or agreement, other	10513
than compensation for personal services, involves an expenditure	10514
of more than ten thousand dollars, the commission shall make a	10515
written contract with the lowest and best bidder after	10516
advertisement for not less than two consecutive weeks, or as	10517
provided in section 7.16 of the Revised Code, in a newspaper of	10518
general circulation in Franklin county, and in such other	10519
publications as the commission determines, which notice shall	10520
state the general character of the work and the general character	10521
of the materials to be furnished, the place where plans and	10522
specifications therefor may be examined, and the time and place of	10523
receiving bids.	10524

(2) Each bid for a contract for the construction, demolition,	10525
alteration, repair, or reconstruction of an improvement shall	10526
contain the full name of every person interested in it and meets	10527
the requirements of section 153.54 of the Revised Code.	10528

(3) Each bid for a contract except as provided in division	10529
(J)(2) of this section shall contain the full name of every person	10530
or company interested in it and shall be accompanied by a bond or	10531
certified check on a solvent bank, in such amount as the	10532
commission determines sufficient, that if the bid is accepted a	10533
contract will be entered into and the performance of its proposal	10534
secured.	10535

(4) The commission may reject any and all bids.

10536

(5) A bond with good and sufficient surety, approved by the	10537
commission, shall be required of every contractor awarded a	10538
contract except as provided in division (J)(2) of this section, in	10539
an amount equal to at least fifty per cent of the contract price,	10540
conditioned upon the faithful performance of the contract.	10541

(K) Employ consulting engineers, superintendents, managers,	10542
engineers, construction and accounting experts, attorneys, and	10543
other employees and agents as are necessary in its judgment, and	10544
fix their compensation. All such expenses are payable solely from	10545
the proceeds of bridge revenue bonds issued under this chapter, or	10546
from revenues.	10547

(L) Receive and accept from any federal agency, subject to	10548
the approval of the board of county commissioners or the	10549
legislative authority of the city, as the case may be, grants for	10550
or in aid of the construction, acquisition, improvement, or	10551
operation of any bridge, and receive and accept aid or	10552
contributions from any source of money, property, labor, or other	10553
things of value, to be held, used, and applied only for the	10554
purposes for which such grants and contributions are made;	10555

(M) Provide coverage for its employees under sections 4123.01	10556
to 4123.94 and 4141.01 to 4141.46 of the Revised Code;	10557

(N) Do all acts necessary or proper to carry out the powers	10558
expressly granted in this chapter.	10559

Sec. 5705.16. A resolution of the taxing authority of any	10560
political subdivision shall be passed by a majority of all the	10561
members thereof, declaring the necessity for the transfer of funds	10562
authorized by section 5705.15 of the Revised Code, and such taxing	10563
authority shall prepare a petition addressed to the court of	10564
common pleas of the county in which the funds are held. The	10565
petition shall set forth the name and amount of the fund, the fund	10566
to which it is desired to be transferred, a copy of such	10567
resolution with a full statement of the proceedings pertaining to	10568
its passage, and the reason or necessity for the transfer. A	10569
duplicate copy of said petition shall be forwarded to the tax	10570
commissioner for ~~his~~the commissioner's examination and approval.	10571

If the petition is disapproved by the commissioner, it shall	10572
be returned within ten days of its receipt to the officers who	10573
submitted it, with a memorandum of the commissioner's objections.	10574
This disapproval shall not prejudice a later application for	10575
approval. If the petition is approved by the commissioner, it	10576
shall be forwarded within ten days of its receipt to the clerk of	10577
the court of common pleas of the county to whose court of common	10578
pleas the petition is addressed, marked with the approval of the	10579
commissioner. If the commissioner approves the petition, hethe	10580
commissioner shall notify immediately the officers who submitted	10581
the petition, who then may file the petition in the court to which	10582
it is addressed.	10583

The petitioner shall give notice of the filing, object, and	10584
prayer of the petition, and of the time when it will be heard. The	10585
notice shall be given by one publication in ~~two newspapers having~~	10586
a newspaper of general circulation in the territory to be affected	10587
by such transfer of funds~~, preference being given to newspapers~~	10588
~~published within the territory~~. If there ~~are~~is no such ~~newspapers~~	10589
newspaper, the notice shall be posted in ten conspicuous places	10590
within the territory for ~~the~~a period of four weeks.	10591

The petition may be heard at the time stated in the notice,	10592
or as soon thereafter as convenient for the court. Any person who	10593
objects to the prayer of such petition shall file ~~his~~the person's	10594
objections in such cause on or before the time fixed in the notice	10595
for hearing, and hethat person shall be entitled to be heard.	10596

If, upon hearing, the court finds that the notice has been	10597
given as required by this section, that the petition states	10598
sufficient facts, that there are good reasons, or that a necessity	10599
exists, for the transfer, and that no injury will result	10600
therefrom, it shall grant the prayer of the petition and order the	10601
petitioners to make such transfer.	10602

A copy of the findings, orders, and judgments of the court	10603
shall be certified by the clerk and entered on the records of the	10604
petitioning officers or board, and thereupon the petitioners may	10605
make the transfer of funds as directed by the court. All costs of	10606
such proceedings shall be paid by the petitioners, except that if	10607
objections are filed the court may order such objectors to pay all	10608
or a portion of the costs.	10609

Sec. 5705.191. The taxing authority of any subdivision,	10610
other than the board of education of a school district or the	10611
taxing authority of a county school financing district, by a vote	10612
of two-thirds of all its members, may declare by resolution that	10613
the amount of taxes that may be raised within the ten-mill	10614
limitation by levies on the current tax duplicate will be	10615
insufficient to provide an adequate amount for the necessary	10616
requirements of the subdivision, and that it is necessary to levy	10617
a tax in excess of such limitation for any of the purposes in	10618
section 5705.19 of the Revised Code, or to supplement the general	10619
fund for the purpose of making appropriations for one or more of	10620
the following purposes: public assistance, human or social	10621
services, relief, welfare, hospitalization, health, and support of	10622
general hospitals, and that the question of such additional tax	10623
levy shall be submitted to the electors of the subdivision at a	10624
general, primary, or special election to be held at a time therein	10625
specified. Such resolution shall not include a levy on the current	10626
tax list and duplicate unless such election is to be held at or	10627
prior to the general election day of the current tax year. Such	10628
resolution shall conform to the requirements of section 5705.19 of	10629
the Revised Code, except that a levy to supplement the general	10630
fund for the purposes of public assistance, human or social	10631
services, relief, welfare, hospitalization, health, or the support	10632
of general or tuberculosis hospitals may not be for a longer	10633
period than ten years. All other levies under this section may not	10634
be for a longer period than five years unless a longer period is	10635
permitted by section 5705.19 of the Revised Code, and the	10636
resolution shall specify the date of holding such election, which	10637
shall not be earlier than seventy-five days after the adoption and	10638
certification of such resolution. The resolution shall go into	10639
immediate effect upon its passage and no publication of the same	10640
is necessary other than that provided for in the notice of	10641
election. A copy of such resolution, immediately after its	10642
passage, shall be certified to the board of elections of the	10643
proper county or counties in the manner provided by section	10644
5705.25 of the Revised Code, and such section shall govern the	10645
arrangements for the submission of such question and other matters	10646
with respect to such election, to which section 5705.25 of the	10647
Revised Code refers, excepting that such election shall be held on	10648
the date specified in the resolution, which shall be consistent	10649
with the requirements of section 3501.01 of the Revised Code,	10650
provided that only one special election for the submission of such	10651
question may be held in any one calendar year and provided that a	10652
special election may be held upon the same day a primary election	10653
is held. Publication of notice of that election shall be made in	10654
~~one or more newspapers~~a newspaper of general circulation in the	10655
county once a week for two consecutive weeks or as provided in	10656
section 7.16 of the Revised Code, prior to the election~~, and, if~~.	10657
If the board of elections operates and maintains a web site, the	10658
board of elections shall post notice of the election on its web	10659
site for thirty days prior to the election.	10660

If a majority of the electors voting on the question vote in	10661
favor thereof, the taxing authority of the subdivision may make	10662
the necessary levy within such subdivision at the additional rate	10663
or at any lesser rate outside the ten-mill limitation on the tax	10664
list and duplicate for the purpose stated in the resolution. Such	10665
tax levy shall be included in the next annual tax budget that is	10666
certified to the county budget commission.	10667

After the approval of such a levy by the electors, the taxing	10668
authority of the subdivision may anticipate a fraction of the	10669
proceeds of such levy and issue anticipation notes. In the case of	10670
a continuing levy that is not levied for the purpose of current	10671
expenses, notes may be issued at any time after approval of the	10672
levy in an amount not more than fifty per cent of the total	10673
estimated proceeds of the levy for the succeeding ten years, less	10674
an amount equal to the fraction of the proceeds of the levy	10675
previously anticipated by the issuance of anticipation notes. In	10676
the case of a levy for a fixed period that is not for the purpose	10677
of current expenses, notes may be issued at any time after	10678
approval of the levy in an amount not more than fifty per cent of	10679
the total estimated proceeds of the levy throughout the remaining	10680
life of the levy, less an amount equal to the fraction of the	10681
proceeds of the levy previously anticipated by the issuance of	10682
anticipation notes. In the case of a levy for current expenses,	10683
notes may be issued after the approval of the levy by the electors	10684
and prior to the time when the first tax collection from the levy	10685
can be made. Such notes may be issued in an amount not more than	10686
fifty per cent of the total estimated proceeds of the levy	10687
throughout the term of the levy in the case of a levy for a fixed	10688
period, or fifty per cent of the total estimated proceeds for the	10689
first ten years of the levy in the case of a continuing levy.	10690

No anticipation notes that increase the net indebtedness of a	10691
county may be issued without the prior consent of the board of	10692
county commissioners of that county. The notes shall be issued as	10693
provided in section 133.24 of the Revised Code, shall have	10694
principal payments during each year after the year of their	10695
issuance over a period not exceeding the life of the levy	10696
anticipated, and may have a principal payment in the year of their	10697
issuance.	10698

"Taxing authority" and "subdivision" have the same meanings	10699
as in section 5705.01 of the Revised Code.	10700

"Human or social services" includes a county's contributions	10701
to a multicounty board of mental retardation and developmental	10702
disabilities of which the county is a member.	10703

This section is supplemental to and not in derogation of	10704
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	10705

Sec. 5705.194. The board of education of any city, local,	10706
exempted village, cooperative education, or joint vocational	10707
school district at any time may declare by resolution that the	10708
revenue that will be raised by all tax levies which the district	10709
is authorized to impose, when combined with state and federal	10710
revenues, will be insufficient to provide for the emergency	10711
requirements of the school district or to avoid an operating	10712
deficit, and that it is therefore necessary to levy an additional	10713
tax in excess of the ten-mill limitation. The resolution shall be	10714
confined to a single purpose and shall specify that purpose. If	10715
the levy is proposed to renew all or a portion of the proceeds	10716
derived from one or more existing levies imposed pursuant to this	10717
section, it shall be called a renewal levy and shall be so	10718
designated on the ballot. If two or more existing levies are to be	10719
included in a single renewal levy but are not scheduled to expire	10720
in the same year, the resolution shall specify that the existing	10721
levies to be renewed shall not be levied after the year preceding	10722
the year in which the renewal levy is first imposed.	10723
Notwithstanding the original purpose of any one or more existing	10724
levies that are to be in any single renewal levy, the purpose of	10725
the renewal levy may be either to avoid an operating deficit or to	10726
provide for the emergency requirements of the school district. The	10727
resolution shall further specify the amount of money it is	10728
necessary to raise for the specified purpose for each calendar	10729
year the millage is to be imposed; if a renewal levy, whether the	10730
levy is to renew all, or a portion of, the proceeds derived from	10731
one or more existing levies; and the number of years in which the	10732
millage is to be in effect, which may include a levy upon the	10733
current year's tax list. The number of years may be any number	10734
not exceeding ten.	10735

The question shall be submitted at a special election on a	10736
date specified in the resolution. The date shall not be earlier	10737
than eighty days after the adoption and certification of the	10738
resolution to the county auditor and shall be consistent with the	10739
requirements of section 3501.01 of the Revised Code. A resolution	10740
for a renewal levy shall not be placed on the ballot unless the	10741
question is submitted on a date on which a special election may be	10742
held under division (D) of section 3501.01 of the Revised Code,	10743
except for the first Tuesday after the first Monday in February	10744
and August, during the last year the levy to be renewed may be	10745
extended on the real and public utility property tax list and	10746
duplicate, or at any election held in the ensuing year, except	10747
that if the resolution proposes renewing two or more existing	10748
levies, the question shall be submitted on the date of the general	10749
or primary election held during the last year at least one of the	10750
levies to be renewed may be extended on that list and duplicate,	10751
or at any election held during the ensuing year. For purposes of	10752
this section, a levy shall be considered to be an "existing levy"	10753
through the year following the last year it can be placed on the	10754
real and public utility property tax list and duplicate.	10755

The submission of questions to the electors under this	10756
section is subject to the limitation on the number of election	10757
dates established by section 5705.214 of the Revised Code.	10758

The resolution shall go into immediate effect upon its	10759
passage, and no publication of the resolution shall be necessary	10760
other than that provided for in the notice of election. A copy of	10761
the resolution shall immediately after its passing be certified to	10762
the county auditor of the proper county. Section 5705.195 of the	10763
Revised Code shall govern the arrangements for the submission of	10764
questions to the electors under this section and other matters	10765
concerning the election. Publication of notice of the election	10766
shall be made in one ~~or more newspapers~~newspaper of general	10767
circulation in the county once a week for two consecutive weeks,	10768
or as provided in section 7.16 of the Revised Code, prior to the	10769
election~~, and, if~~. If the board of elections operates and	10770
maintains a web site, the board of elections shall post notice of	10771
the election on its web site for thirty days prior to the	10772
election. If a majority of the electors voting on the question	10773
submitted in an election vote in favor of the levy, the board of	10774
education of the school district may make the additional levy	10775
necessary to raise the amount specified in the resolution for the	10776
purpose stated in the resolution. The tax levy shall be included	10777
in the next tax budget that is certified to the county budget	10778
commission.	10779

After the approval of the levy and prior to the time when the	10780
first tax collection from the levy can be made, the board of	10781
education may anticipate a fraction of the proceeds of the levy	10782
and issue anticipation notes in an amount not exceeding the total	10783
estimated proceeds of the levy to be collected during the first	10784
year of the levy.	10785

The notes shall be issued as provided in section 133.24 of	10786
the Revised Code, shall have principal payments during each year	10787
after the year of their issuance over a period not to exceed five	10788
years, and may have principal payment in the year of their	10789
issuance.	10790

Sec. 5705.196. The election provided for in section 5705.194	10791
of the Revised Code shall be held at the regular places for voting	10792
in the district, and shall be conducted, canvassed, and certified	10793
in the same manner as regular elections in the district for the	10794
election of county officers, provided that in any such election in	10795
which only part of the electors of a precinct are qualified to	10796
vote, the board of elections may assign voters in such part to an	10797
adjoining precinct. Such an assignment may be made to an adjoining	10798
precinct in another county with the consent and approval of the	10799
board of elections of such other county. Notice of the election	10800
shall be published in one ~~or more newspapers~~newspaper of general	10801
circulation in the district once a week for two consecutive weeks	10802
or as provided in section 7.16 of the Revised Code, prior to the	10803
election~~, and, if~~. If the board of elections operates and	10804
maintains a web site, the board of elections shall post notice of	10805
the election on its web site for thirty days prior to the	10806
election. Such notice shall state the annual proceeds of the	10807
proposed levy, the purpose for which such proceeds are to be used,	10808
the number of years during which the levy shall run, and the	10809
estimated average additional tax rate expressed in dollars and	10810
cents for each one hundred dollars of valuation as well as in	10811
mills for each one dollar of valuation, outside the limitation	10812
imposed by Section 2 of Article XII, Ohio Constitution, as	10813
certified by the county auditor.	10814

Sec. 5705.21. (A) At any time, the board of education of any	10815
city, local, exempted village, cooperative education, or joint	10816
vocational school district, by a vote of two-thirds of all its	10817
members, may declare by resolution that the amount of taxes which	10818
may be raised within the ten-mill limitation by levies on the	10819
current tax duplicate will be insufficient to provide an adequate	10820
amount for the necessary requirements of the school district, that	10821
it is necessary to levy a tax in excess of such limitation for one	10822
of the purposes specified in division (A), (D), (F), (H), or (DD)	10823
of section 5705.19 of the Revised Code, for general permanent	10824
improvements, for the purpose of operating a cultural center, or	10825
for the purpose of providing education technology, and that the	10826
question of such additional tax levy shall be submitted to the	10827
electors of the school district at a special election on a day to	10828
be specified in the resolution.	10829

As used in this section, "cultural center" means a	10830
freestanding building, separate from a public school building,	10831
that is open to the public for educational, musical, artistic, and	10832
cultural purposes; "education technology" means, but is not	10833
limited to, computer hardware, equipment, materials, and	10834
accessories, equipment used for two-way audio or video, and	10835
software; and "general permanent improvements" means permanent	10836
improvements without regard to the limitation of division (F) of	10837
section 5705.19 of the Revised Code that the improvements be a	10838
specific improvement or a class of improvements that may be	10839
included in a single bond issue.	10840

The submission of questions to the electors under this	10841
section is subject to the limitation on the number of election	10842
dates established by section 5705.214 of the Revised Code.	10843

(B) Such resolution shall be confined to a single purpose and	10844
shall specify the amount of the increase in rate that it is	10845
necessary to levy, the purpose of the levy, and the number of	10846
years during which the increase in rate shall be in effect. The	10847
number of years may be any number not exceeding five or, if the	10848
levy is for current expenses of the district or for general	10849
permanent improvements, for a continuing period of time. The	10850
resolution shall specify the date of holding such election, which	10851
shall not be earlier than seventy-five days after the adoption and	10852
certification of the resolution and which shall be consistent with	10853
the requirements of section 3501.01 of the Revised Code.	10854

The resolution may propose to renew one or more existing	10855
levies imposed under this section or to increase or decrease a	10856
single levy imposed under this section. If the board of education	10857
imposes one or more existing levies for the purpose specified in	10858
division (F) of section 5705.19 of the Revised Code, the	10859
resolution may propose to renew one or more of those existing	10860
levies, or to increase or decrease a single such existing levy,	10861
for the purpose of general permanent improvements. If the	10862
resolution proposes to renew two or more existing levies, the	10863
levies shall be levied for the same purpose. The resolution shall	10864
identify those levies and the rates at which they are levied. The	10865
resolution also shall specify that the existing levies shall not	10866
be extended on the tax lists after the year preceding the year in	10867
which the renewal levy is first imposed, regardless of the years	10868
for which those levies originally were authorized to be levied.	10869

The resolution shall go into immediate effect upon its	10870
passage, and no publication of the resolution shall be necessary	10871
other than that provided for in the notice of election. A copy of	10872
the resolution shall immediately after its passing be certified to	10873
the board of elections of the proper county in the manner provided	10874
by section 5705.25 of the Revised Code, and that section shall	10875
govern the arrangements for the submission of such question and	10876
other matters concerning such election, to which that section	10877
refers, except that such election shall be held on the date	10878
specified in the resolution. Publication of notice of that	10879
election shall be made in one ~~or more newspapers~~newspaper of	10880
general circulation in the county once a week for two consecutive	10881
weeks or as provided in section 7.16 of the Revised Code, prior to	10882
the election~~, and, if~~. If the board of elections operates and	10883
maintains a web site, the board of elections shall post notice of	10884
the election on its web site for thirty days prior to the	10885
election. If a majority of the electors voting on the question so	10886
submitted in an election vote in favor of the levy, the board of	10887
education may make the necessary levy within the school district	10888
at the additional rate, or at any lesser rate in excess of the	10889
ten-mill limitation on the tax list, for the purpose stated in the	10890
resolution. A levy for a continuing period of time may be reduced	10891
pursuant to section 5705.261 of the Revised Code. The tax levy	10892
shall be included in the next tax budget that is certified to the	10893
county budget commission.	10894

(C)(1) After the approval of a levy on the current tax list	10895
and duplicate for current expenses, for recreational purposes, for	10896
community centers provided for in section 755.16 of the Revised	10897
Code, or for a public library of the district and prior to the	10898
time when the first tax collection from the levy can be made, the	10899
board of education may anticipate a fraction of the proceeds of	10900
the levy and issue anticipation notes in a principal amount not	10901
exceeding fifty per cent of the total estimated proceeds of the	10902
levy to be collected during the first year of the levy.	10903

(2) After the approval of a levy for general permanent	10904
improvements for a specified number of years, or for permanent	10905
improvements having the purpose specified in division (F) of	10906
section 5705.19 of the Revised Code, the board of education may	10907
anticipate a fraction of the proceeds of the levy and issue	10908
anticipation notes in a principal amount not exceeding fifty per	10909
cent of the total estimated proceeds of the levy remaining to be	10910
collected in each year over a period of five years after the	10911
issuance of the notes.	10912

The notes shall be issued as provided in section 133.24 of	10913
the Revised Code, shall have principal payments during each year	10914
after the year of their issuance over a period not to exceed five	10915
years, and may have a principal payment in the year of their	10916
issuance.	10917

(3) After approval of a levy for general permanent	10918
improvements for a continuing period of time, the board of	10919
education may anticipate a fraction of the proceeds of the levy	10920
and issue anticipation notes in a principal amount not exceeding	10921
fifty per cent of the total estimated proceeds of the levy to be	10922
collected in each year over a specified period of years, not	10923
exceeding ten, after the issuance of the notes.	10924

The notes shall be issued as provided in section 133.24 of	10925
the Revised Code, shall have principal payments during each year	10926
after the year of their issuance over a period not to exceed ten	10927
years, and may have a principal payment in the year of their	10928
issuance.	10929

Sec. 5705.211. (A) As used in this section:

10930

(1) "Adjusted charge-off increase" for a tax year means two	10931
and three-tenths per cent of the cumulative carryover property	10932
value increase.	10933

(2) "Cumulative carryover property value increase" means the	10934
sum of the increases in carryover value certified under division	10935
(B)(2) of section 3317.015 of the Revised Code and included in a	10936
school district's total taxable value in the computation of	10937
recognized valuation under division (B) of that section for all	10938
fiscal years from the fiscal year that ends in the first tax year	10939
a levy under this section is extended on the tax list of real and	10940
public utility property until and including the fiscal year that	10941
ends in the current tax year.	10942

(3) "Taxes charged and payable" means the taxes charged and	10943
payable from a tax levy extended on the real and public utility	10944
property tax list and the general list of personal property before	10945
any reduction under section 319.302, 323.152, or 323.158 of the	10946
Revised Code.	10947

(B) The board of education of a city, local, or exempted	10948
village school district may adopt a resolution proposing the levy	10949
of a tax in excess of the ten-mill limitation for the purpose of	10950
paying the current operating expenses of the district. If the	10951
resolution is approved as provided in division (D) of this	10952
section, the tax may be levied at such a rate each tax year that	10953
the total taxes charged and payable from the levy equals the	10954
adjusted charge-off increase for the tax year or equals a lesser	10955
amount as prescribed under division (C) of this section. The tax	10956
may be levied for a continuing period of time or for a specific	10957
number of years, but not fewer than five years, as provided in the	10958
resolution. The tax may not be placed on the tax list for a tax	10959
year beginning before the first day of January following adoption	10960
of the resolution. A board of education may not adopt a resolution	10961
under this section proposing to levy a tax under this section	10962
concurrently with any other tax levied by the board under this	10963
section.	10964

(C) After the first year a tax is levied under this section,	10965
the rate of the tax in any year shall not exceed the rate,	10966
estimated by the county auditor, that would cause the sums levied	10967
from the tax against carryover property to exceed one hundred four	10968
per cent of the sums levied from the tax against carryover	10969
property in the preceding year. A board of education imposing a	10970
tax under this section may specify in the resolution imposing the	10971
tax that the percentage shall be less than one hundred four per	10972
cent, but the percentage shall not be less than one hundred per	10973
cent. At any time after a resolution adopted under this section is	10974
approved by a majority of electors as provided in division (D) of	10975
this section, the board of education, by resolution, may decrease	10976
the percentage specified in the resolution levying the tax.	10977

(D) A resolution adopted under this section shall state that	10978
the purpose of the tax is to pay current operating expenses of the	10979
district, and shall specify the first year in which the tax is to	10980
be levied, the number of years the tax will be levied or that it	10981
will be levied for a continuing period of time, and the election	10982
at which the question of the tax is to appear on the ballot, which	10983
shall be a general or special election consistent with the	10984
requirements of section 3501.01 of the Revised Code. If the board	10985
of education specifies a percentage less than one hundred four per	10986
cent pursuant to division (C) of this section, the percentage	10987
shall be specified in the resolution.	10988

Upon adoption of the resolution, the board of education may	10989
certify a copy of the resolution to the proper county board of	10990
elections. The copy of the resolution shall be certified to the	10991
board of elections not later than seventy-five days before the day	10992
of the election at which the question of the tax is to appear on	10993
the ballot. Upon receiving a timely certified copy of such a	10994
resolution, the board of elections shall make the necessary	10995
arrangements for the submission of the question to the electors of	10996
the school district, and the election shall be conducted,	10997
canvassed, and certified in the same manner as regular elections	10998
in the school district for the election of members of the board of	10999
education. Notice of the election shall be published in one or	11000
~~more newspapers~~newspaper of general circulation in the school	11001
district once per week for four consecutive weeks or as provided	11002
in section 7.16 of the Revised Code. The notice shall state that	11003
the purpose of the tax is for the current operating expenses of	11004
the school district, the first year the tax is to be levied, the	11005
number of years the tax is to be levied or that it is to be levied	11006
for a continuing period of time, that the tax is to be levied each	11007
year in an amount estimated to offset decreases in state base cost	11008
funding caused by appreciation in real estate values, and that the	11009
estimated additional tax in any year shall not exceed the previous	11010
year's by more than four per cent, or a lesser percentage	11011
specified in the resolution levying the tax, except for increases	11012
caused by the addition of new taxable property.	11013

The question shall be submitted as a separate proposition but	11014
may be printed on the same ballot with any other proposition	11015
submitted at the same election other than the election of	11016
officers.	11017

The form of the ballot shall be substantially as follows:

11018

"An additional tax for the benefit of (name of school	11019
district) for the purpose of paying the current operating expenses	11020
of the district, for .......... (number of years or for continuing	11021
period of time), at a rate sufficient to offset any reduction in	11022
basic state funding caused by appreciation in real estate values?	11023
This levy will permit variable annual growth in revenue up to	11024
.......... (amount specified by school district) per cent for the	11025
duration of the levy.	11026

11027

		For the tax levy			11028
		Against the tax levy	"		11029

11030

If a majority of the electors of the school district voting	11031
on the question vote in favor of the question, the board of	11032
elections shall certify the results of the election to the board	11033
of education and to the tax commissioner immediately after the	11034
canvass.	11035

(E) When preparing any estimate of the contemplated receipts	11036
from a tax levied pursuant to this section for the purposes of	11037
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	11038
to certify the tax under section 5705.34 of the Revised Code, a	11039
board of education authorized to levy such a tax shall use	11040
information supplied by the department of education to determine	11041
the adjusted charge-off increase for the tax year for which that	11042
certification is made. If the board levied a tax under this	11043
section in the preceding tax year, the sum to be certified for	11044
collection from the tax shall not exceed the sum that would exceed	11045
the limitation imposed under division (C) of this section. At the	11046
request of the board of education or the treasurer of the school	11047
district, the county auditor shall assist the board of education	11048
in determining the rate or sum that may be levied under this	11049
section.	11050

The board of education shall certify the sum authorized to be	11051
levied to the county auditor, and, for the purpose of the county	11052
auditor determining the rate at which the tax is to be levied in	11053
the tax year, the sum so certified shall be the sum to be raised	11054
by the tax unless the sum exceeds the limitation imposed by	11055
division (C) of this section. A tax levied pursuant to this	11056
section shall not be levied at a rate in excess of the rate	11057
estimated by the county auditor to produce the sum certified by	11058
the board of education before the reductions under sections	11059
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	11060
section 5705.34 of the Revised Code, a board of education	11061
authorized to levy a tax under this section shall certify the tax	11062
to the county auditor before the first day of October of the tax	11063
year in which the tax is to be levied, or at a later date as	11064
approved by the tax commissioner.	11065

Sec. 5705.218. (A) The board of education of a city, local,	11066
or exempted village school district, at any time by a vote of	11067
two-thirds of all its members, may declare by resolution that it	11068
may be necessary for the school district to issue general	11069
obligation bonds for permanent improvements. The resolution shall	11070
state all of the following:	11071

(1) The necessity and purpose of the bond issue;

11072

(2) The date of the special election at which the question	11073
shall be submitted to the electors;	11074

(3) The amount, approximate date, estimated rate of interest,	11075
and maximum number of years over which the principal of the bonds	11076
may be paid;	11077

(4) The necessity of levying a tax outside the ten-mill	11078
limitation to pay debt charges on the bonds and any anticipatory	11079
securities.	11080

On adoption of the resolution, the board shall certify a copy	11081
of it to the county auditor. The county auditor promptly shall	11082
estimate and certify to the board the average annual property tax	11083
rate required throughout the stated maturity of the bonds to pay	11084
debt charges on the bonds, in the same manner as under division	11085
(C) of section 133.18 of the Revised Code.	11086

(B) After receiving the county auditor's certification under	11087
division (A) of this section, the board of education of the city,	11088
local, or exempted village school district, by a vote of	11089
two-thirds of all its members, may declare by resolution that the	11090
amount of taxes that can be raised within the ten-mill limitation	11091
will be insufficient to provide an adequate amount for the present	11092
and future requirements of the school district; that it is	11093
necessary to issue general obligation bonds of the school district	11094
for permanent improvements and to levy an additional tax in excess	11095
of the ten-mill limitation to pay debt charges on the bonds and	11096
any anticipatory securities; that it is necessary for a specified	11097
number of years or for a continuing period of time to levy	11098
additional taxes in excess of the ten-mill limitation to provide	11099
funds for the acquisition, construction, enlargement, renovation,	11100
and financing of permanent improvements or to pay for current	11101
operating expenses, or both; and that the question of the bonds	11102
and taxes shall be submitted to the electors of the school	11103
district at a special election, which shall not be earlier than	11104
seventy-five days after certification of the resolution to the	11105
board of elections, and the date of which shall be consistent with	11106
section 3501.01 of the Revised Code. The resolution shall specify	11107
all of the following:	11108

(1) The county auditor's estimate of the average annual	11109
property tax rate required throughout the stated maturity of the	11110
bonds to pay debt charges on the bonds;	11111

(2) The proposed rate of the tax, if any, for current	11112
operating expenses, the first year the tax will be levied, and the	11113
number of years it will be levied, or that it will be levied for a	11114
continuing period of time;	11115

(3) The proposed rate of the tax, if any, for permanent	11116
improvements, the first year the tax will be levied, and the	11117
number of years it will be levied, or that it will be levied for a	11118
continuing period of time.	11119

The resolution shall apportion the annual rate of the tax	11120
between current operating expenses and permanent improvements, if	11121
both taxes are proposed. The apportionment may but need not be the	11122
same for each year of the tax, but the respective portions of the	11123
rate actually levied each year for current operating expenses and	11124
permanent improvements shall be limited by the apportionment. The	11125
resolution shall go into immediate effect upon its passage, and no	11126
publication of it is necessary other than that provided in the	11127
notice of election. The board of education shall certify a copy of	11128
the resolution, along with copies of the auditor's estimate and	11129
its resolution under division (A) of this section, to the board of	11130
elections immediately after its adoption.	11131

(C) The board of elections shall make the arrangements for	11132
the submission of the question to the electors of the school	11133
district, and the election shall be conducted, canvassed, and	11134
certified in the same manner as regular elections in the district	11135
for the election of county officers. The resolution shall be put	11136
before the electors as one ballot question, with a favorable vote	11137
indicating approval of the bond issue, the levy to pay debt	11138
charges on the bonds and any anticipatory securities, the current	11139
operating expenses levy, and the permanent improvements levy, if	11140
either or both levies are proposed. The board of elections shall	11141
publish notice of the election in one ~~or more newspapers~~newspaper	11142
of general circulation in the school district once a week for two	11143
consecutive weeks or as provided in section 7.16 of the Revised	11144
Code, prior to the election~~, and, if~~. If a board of elections	11145
operates and maintains a web site, that board also shall post	11146
notice of the election on its web site for thirty days prior to	11147
the election. The notice of election shall state all of the	11148
following:	11149

(1) The principal amount of the proposed bond issue;

11150

(2) The permanent improvements for which the bonds are to be	11151
issued;	11152

(3) The maximum number of years over which the principal of	11153
the bonds may be paid;	11154

(4) The estimated additional average annual property tax rate	11155
to pay the debt charges on the bonds, as certified by the county	11156
auditor;	11157

(5) The proposed rate of the additional tax, if any, for	11158
current operating expenses;	11159

(6) The number of years the current operating expenses tax	11160
will be in effect, or that it will be in effect for a continuing	11161
period of time;	11162

(7) The proposed rate of the additional tax, if any, for	11163
permanent improvements;	11164

(8) The number of years the permanent improvements tax will	11165
be in effect, or that it will be in effect for a continuing period	11166
of time;	11167

(9) The time and place of the special election.

11168

(D) The form of the ballot for an election under this section	11169
is as follows:	11170

"Shall the .......... school district be authorized to do the	11171
following:	11172

(1) Issue bonds for the purpose of .......... in the	11173
principal amount of $......, to be repaid annually over a maximum	11174
period of ...... years, and levy a property tax outside the	11175
ten-mill limitation, estimated by the county auditor to average	11176
over the bond repayment period ...... mills for each one dollar of	11177
tax valuation, which amounts to ...... (rate expressed in cents or	11178
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	11179
tax valuation, to pay the annual debt charges on the bonds, and to	11180
pay debt charges on any notes issued in anticipation of those	11181
bonds?"	11182

If either a levy for permanent improvements or a levy for	11183
current operating expenses is proposed, or both are proposed, the	11184
ballot also shall contain the following language, as appropriate:	11185

"(2) Levy an additional property tax to provide funds for the	11186
acquisition, construction, enlargement, renovation, and financing	11187
of permanent improvements at a rate not exceeding ....... mills	11188
for each one dollar of tax valuation, which amounts to .......	11189
(rate expressed in cents or dollars and cents) for each $100 of	11190
tax valuation, for ...... (number of years of the levy, or a	11191
continuing period of time)?	11192

(3) Levy an additional property tax to pay current operating	11193
expenses at a rate not exceeding ....... mills for each one dollar	11194
of tax valuation, which amounts to ....... (rate expressed in	11195
cents or dollars and cents) for each $100 of tax valuation, for	11196
....... (number of years of the levy, or a continuing period of	11197
time)?	11198

11199

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			11200
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		11201

11202

(E) The board of elections promptly shall certify the results	11203
of the election to the tax commissioner and the county auditor of	11204
the county in which the school district is located. If a majority	11205
of the electors voting on the question vote for it, the board of	11206
education may proceed with issuance of the bonds and with the levy	11207
and collection of the property tax or taxes at the additional rate	11208
or any lesser rate in excess of the ten-mill limitation. Any	11209
securities issued by the board of education under this section are	11210
Chapter 133. securities, as that term is defined in section 133.01	11211
of the Revised Code.	11212

(F)(1) After the approval of a tax for current operating	11213
expenses under this section and prior to the time the first	11214
collection and distribution from the levy can be made, the board	11215
of education may anticipate a fraction of the proceeds of such	11216
levy and issue anticipation notes in a principal amount not	11217
exceeding fifty per cent of the total estimated proceeds of the	11218
tax to be collected during the first year of the levy.	11219

(2) After the approval of a tax under this section for	11220
permanent improvements having a specific purpose, the board of	11221
education may anticipate a fraction of the proceeds of such tax	11222
and issue anticipation notes in a principal amount not exceeding	11223
fifty per cent of the total estimated proceeds of the tax	11224
remaining to be collected in each year over a period of five years	11225
after issuance of the notes.	11226

(3) After the approval of a tax for general, on-going	11227
permanent improvements under this section, the board of education	11228
may anticipate a fraction of the proceeds of such tax and issue	11229
anticipation notes in a principal amount not exceeding fifty per	11230
cent of the total estimated proceeds of the tax to be collected in	11231
each year over a specified period of years, not exceeding ten,	11232
after issuance of the notes.	11233

Anticipation notes under this section shall be issued as	11234
provided in section 133.24 of the Revised Code. Notes issued under	11235
division (F)(1) or (2) of this section shall have principal	11236
payments during each year after the year of their issuance over a	11237
period not to exceed five years, and may have a principal payment	11238
in the year of their issuance. Notes issued under division (F)(3)	11239
of this section shall have principal payments during each year	11240
after the year of their issuance over a period not to exceed ten	11241
years, and may have a principal payment in the year of their	11242
issuance.	11243

(G) A tax for current operating expenses or for permanent	11244
improvements levied under this section for a specified number of	11245
years may be renewed or replaced in the same manner as a tax for	11246
current operating expenses or for permanent improvements levied	11247
under section 5705.21 of the Revised Code. A tax for current	11248
operating expenses or for permanent improvements levied under this	11249
section for a continuing period of time may be decreased in	11250
accordance with section 5705.261 of the Revised Code.	11251

(H) The submission of a question to the electors under this	11252
section is subject to the limitation on the number of elections	11253
that can be held in a year under section 5705.214 of the Revised	11254
Code.	11255

(I) A school district board of education proposing a ballot	11256
measure under this section to generate local resources for a	11257
project under the school building assistance expedited local	11258
partnership program under section 3318.36 of the Revised Code may	11259
combine the questions under division (D) of this section with a	11260
question for the levy of a property tax to generate moneys for	11261
maintenance of the classroom facilities acquired under that	11262
project as prescribed in section 3318.361 of the Revised Code.	11263

Sec. 5705.25. (A) A copy of any resolution adopted as	11264
provided in section 5705.19 of the Revised Code shall be certified	11265
by the taxing authority to the board of elections of the proper	11266
county not less than seventy-five days before the general election	11267
in any year, and the board shall submit the proposal to the	11268
electors of the subdivision at the succeeding November election.	11269
Except as otherwise provided in this division, a resolution to	11270
renew an existing levy, regardless of the section of the Revised	11271
Code under which the tax was imposed, shall not be placed on the	11272
ballot unless the question is submitted at the general election	11273
held during the last year the tax to be renewed or replaced may be	11274
extended on the real and public utility property tax list and	11275
duplicate, or at any election held in the ensuing year. The	11276
limitation of the foregoing sentence does not apply to a	11277
resolution to renew and increase or to renew part of an existing	11278
levy that was imposed under section 5705.191 of the Revised Code	11279
to supplement the general fund for the purpose of making	11280
appropriations for one or more of the following purposes: for	11281
public assistance, human or social services, relief, welfare,	11282
hospitalization, health, and support of general hospitals. The	11283
limitation of the second preceding sentence also does not apply to	11284
a resolution that proposes to renew two or more existing levies	11285
imposed under section 5705.21 of the Revised Code, in which case	11286
the question shall be submitted on the date of the general or	11287
primary election held during the last year at least one of the	11288
levies to be renewed may be extended on the real and public	11289
utility property tax list and duplicate, or at any election held	11290
during the ensuing year. For purposes of this section, a levy	11291
shall be considered to be an "existing levy" through the year	11292
following the last year it can be placed on that tax list and	11293
duplicate.	11294

The board shall make the necessary arrangements for the	11295
submission of such questions to the electors of such subdivision,	11296
and the election shall be conducted, canvassed, and certified in	11297
the same manner as regular elections in such subdivision for the	11298
election of county officers. Notice of the election shall be	11299
published in a newspaper of general circulation in the subdivision	11300
once a week for two consecutive weeks or as provided in section	11301
7.16 of the Revised Code, prior to the election~~, and, if~~. If the	11302
board of elections operates and maintains a web site, the board of	11303
elections shall post notice of the election on its web site for	11304
thirty days prior to the election. The notice shall state the	11305
purpose, the proposed increase in rate expressed in dollars and	11306
cents for each one hundred dollars of valuation as well as in	11307
mills for each one dollar of valuation, the number of years during	11308
which the increase will be in effect, the first month and year in	11309
which the tax will be levied, and the time and place of the	11310
election.	11311

(B) The form of the ballots cast at an election held pursuant	11312
to division (A) of this section shall be as follows:	11313

"An additional tax for the benefit of (name of subdivision or	11314
public library) .......... for the purpose of (purpose stated in	11315
the resolution) .......... at a rate not exceeding ...... mills	11316
for each one dollar of valuation, which amounts to (rate expressed	11317
in dollars and cents) ............ for each one hundred dollars of	11318
valuation, for ...... (life of indebtedness or number of years the	11319
levy is to run).	11320

11321

		For the Tax Levy			11322
		Against the Tax Levy	"		11323

11324

(C) If the levy is to be in effect for a continuing period of	11325
time, the notice of election and the form of ballot shall so state	11326
instead of setting forth a specified number of years for the levy.	11327

If the tax is to be placed on the current tax list, the form	11328
of the ballot shall be modified by adding, after the statement of	11329
the number of years the levy is to run, the phrase ", commencing	11330
in .......... (first year the tax is to be levied), first due in	11331
calendar year .......... (first calendar year in which the tax	11332
shall be due)."	11333

If the levy submitted is a proposal to renew, increase, or	11334
decrease an existing levy, the form of the ballot specified in	11335
division (B) of this section may be changed by substituting for	11336
the words "An additional" at the beginning of the form, the words	11337
"A renewal of a" in case of a proposal to renew an existing levy	11338
in the same amount; the words "A renewal of ........ mills and an	11339
increase of ...... mills to constitute a" in the case of an	11340
increase; or the words "A renewal of part of an existing levy,	11341
being a reduction of ...... mills, to constitute a" in the case of	11342
a decrease in the proposed levy.	11343

If the levy submitted is a proposal to renew two or more	11344
existing levies imposed under section 5705.21 of the Revised Code,	11345
the form of the ballot specified in division (B) of this section	11346
shall be modified by substituting for the words "an additional	11347
tax" the words "a renewal of ....(insert the number of levies to	11348
be renewed) existing taxes."	11349

The question covered by such resolution shall be submitted as	11350
a separate proposition but may be printed on the same ballot with	11351
any other proposition submitted at the same election, other than	11352
the election of officers. More than one such question may be	11353
submitted at the same election.	11354

(D) A levy voted in excess of the ten-mill limitation under	11355
this section shall be certified to the tax commissioner. In the	11356
first year of the levy, it shall be extended on the tax lists	11357
after the February settlement succeeding the election. If the	11358
additional tax is to be placed upon the tax list of the current	11359
year, as specified in the resolution providing for its submission,	11360
the result of the election shall be certified immediately after	11361
the canvass by the board of elections to the taxing authority, who	11362
shall make the necessary levy and certify it to the county	11363
auditor, who shall extend it on the tax lists for collection.	11364
After the first year, the tax levy shall be included in the annual	11365
tax budget that is certified to the county budget commission.	11366

Sec. 5705.251. (A) A copy of a resolution adopted under	11367
section 5705.212 or 5705.213 of the Revised Code shall be	11368
certified by the board of education to the board of elections of	11369
the proper county not less than seventy-five days before the date	11370
of the election specified in the resolution, and the board of	11371
elections shall submit the proposal to the electors of the school	11372
district at a special election to be held on that date. The board	11373
of elections shall make the necessary arrangements for the	11374
submission of the question or questions to the electors of the	11375
school district, and the election shall be conducted, canvassed,	11376
and certified in the same manner as regular elections in the	11377
school district for the election of county officers. Notice of the	11378
election shall be published in a newspaper of general circulation	11379
in the subdivision once a week for two consecutive weeks or as	11380
provided in section 7.16 of the Revised Code, prior to the	11381
election~~, and, if~~. If the board of elections operates and	11382
maintains a web site, the board of elections shall post notice of	11383
the election on its web site for thirty days prior to the	11384
election.	11385

(1) In the case of a resolution adopted under section	11386
5705.212 of the Revised Code, the notice shall state separately,	11387
for each tax being proposed, the purpose; the proposed increase in	11388
rate, expressed in dollars and cents for each one hundred dollars	11389
of valuation as well as in mills for each one dollar of valuation;	11390
the number of years during which the increase will be in effect;	11391
and the first calendar year in which the tax will be due. For an	11392
election on the question of a renewal levy, the notice shall state	11393
the purpose; the proposed rate, expressed in dollars and cents for	11394
each one hundred dollars of valuation as well as in mills for each	11395
one dollar of valuation; and the number of years the tax will be	11396
in effect.	11397

(2) In the case of a resolution adopted under section	11398
5705.213 of the Revised Code, the notice shall state the purpose;	11399
the amount proposed to be raised by the tax in the first year it	11400
is levied; the estimated average additional tax rate for the first	11401
year it is proposed to be levied, expressed in mills for each one	11402
dollar of valuation and in dollars and cents for each one hundred	11403
dollars of valuation; the number of years during which the	11404
increase will be in effect; and the first calendar year in which	11405
the tax will be due. The notice also shall state the amount by	11406
which the amount to be raised by the tax may be increased in each	11407
year after the first year. The amount of the allowable increase	11408
may be expressed in terms of a dollar increase over, or a	11409
percentage of, the amount raised by the tax in the immediately	11410
preceding year. For an election on the question of a renewal levy,	11411
the notice shall state the purpose; the amount proposed to be	11412
raised by the tax; the estimated tax rate, expressed in mills for	11413
each one dollar of valuation and in dollars and cents for each one	11414
hundred dollars of valuation; and the number of years the tax will	11415
be in effect.	11416

In any case, the notice also shall state the time and place	11417
of the election.	11418

(B) The form of the ballot in an election on taxes proposed	11419
under section 5705.212 of the Revised Code shall be as follows:	11420

"Shall the .......... school district be authorized to levy	11421
taxes for current expenses, the aggregate rate of which may	11422
increase in ...... (number) increment(s) of not more than ......	11423
mill(s) for each dollar of valuation, from an original rate of	11424
...... mill(s) for each dollar of valuation, which amounts to	11425
...... (rate expressed in dollars and cents) for each one hundred	11426
dollars of valuation, to a maximum rate of ...... mill(s) for each	11427
dollar of valuation, which amounts to ...... (rate expressed in	11428
dollars and cents) for each one hundred dollars of valuation? The	11429
original tax is first proposed to be levied in ...... (the first	11430
year of the tax), and the incremental tax in ...... (the first	11431
year of the increment) (if more than one incremental tax is	11432
proposed in the resolution, the first year that each incremental	11433
tax is proposed to be levied shall be stated in the preceding	11434
format, and the increments shall be referred to as the first,	11435
second, third, or fourth increment, depending on their number).	11436
The aggregate rate of tax so authorized will .......... (insert	11437
either, "expire with the original rate of tax which shall be in	11438
effect for ...... years" or "be in effect for a continuing period	11439
of time").	11440

11441

		FOR THE TAX LEVIES			11442
		AGAINST THE TAX LEVIES	"		11443

11444

The form of the ballot in an election on the question of a	11445
renewal levy under section 5705.212 of the Revised Code shall be	11446
as follows:	11447

"Shall the ......... school district be authorized to renew a	11448
tax for current expenses at a rate not exceeding ......... mills	11449
for each dollar of valuation, which amounts to ......... (rate	11450
expressed in dollars and cents) for each one hundred dollars of	11451
valuation, for .......... (number of years the levy shall be in	11452
effect, or a continuing period of time)?	11453

11454

		FOR THE TAX LEVY			11455
		AGAINST THE TAX LEVY	"		11456

11457

If the tax is to be placed on the current tax list, the form	11458
of the ballot shall be modified by adding, after the statement of	11459
the number of years the levy is to be in effect, the phrase ",	11460
commencing in .......... (first year the tax is to be levied),	11461
first due in calendar year .......... (first calendar year in	11462
which the tax shall be due)."	11463

(C) The form of the ballot in an election on a tax proposed	11464
under section 5705.213 of the Revised Code shall be as follows:	11465

"Shall the ........ school district be authorized to levy the	11466
following tax for current expenses? The tax will first be levied	11467
in ...... (year) to raise ...... (dollars). In the ...... (number	11468
of years) following years, the tax will increase by not more than	11469
...... (per cent or dollar amount of increase) each year, so that,	11470
during ...... (last year of the tax), the tax will raise	11471
approximately ...... (dollars). The county auditor estimates that	11472
the rate of the tax per dollar of valuation will be ......	11473
mill(s), which amounts to $..... per one hundred dollars of	11474
valuation, both during ...... (first year of the tax) and ......	11475
mill(s), which amounts to $...... per one hundred dollars of	11476
valuation, during ...... (last year of the tax). The tax will not	11477
be levied after ...... (year).	11478

11479

		FOR THE TAX LEVY			11480
		AGAINST THE TAX LEVY	"		11481

11482

The form of the ballot in an election on the question of a	11483
renewal levy under section 5705.213 of the Revised Code shall be	11484
as follows:	11485

"Shall the ......... school district be authorized to renew a	11486
tax for current expenses which will raise ......... (dollars),	11487
estimated by the county auditor to be ......... mills for each	11488
dollar of valuation, which amounts to ......... (rate expressed in	11489
dollars and cents) for each one hundred dollars of valuation? The	11490
tax shall be in effect for ......... (the number of years the levy	11491
shall be in effect, or a continuing period of time).	11492

11493

		FOR THE TAX LEVY			11494
		AGAINST THE TAX LEVY	"		11495

11496

If the tax is to be placed on the current tax list, the form	11497
of the ballot shall be modified by adding, after the statement of	11498
the number of years the levy is to be in effect, the phrase ",	11499
commencing in .......... (first year the tax is to be levied),	11500
first due in calendar year .......... (first calendar year in	11501
which the tax shall be due)."	11502

(D) The question covered by a resolution adopted under	11503
section 5705.212 or 5705.213 of the Revised Code shall be	11504
submitted as a separate question, but may be printed on the same	11505
ballot with any other question submitted at the same election,	11506
other than the election of officers. More than one question may be	11507
submitted at the same election.	11508

(E) Taxes voted in excess of the ten-mill limitation under	11509
division (B) or (C) of this section shall be certified to the tax	11510
commissioner. If an additional tax is to be placed upon the tax	11511
list of the current year, as specified in the resolution providing	11512
for its submission, the result of the election shall be certified	11513
immediately after the canvass by the board of elections to the	11514
board of education. The board of education immediately shall make	11515
the necessary levy and certify it to the county auditor, who shall	11516
extend it on the tax list for collection. After the first year,	11517
the levy shall be included in the annual tax budget that is	11518
certified to the county budget commission.	11519

Sec. 5705.261. The question of decrease of an increased rate	11520
of levy approved for a continuing period of time by the voters of	11521
a subdivision may be initiated by the filing of a petition with	11522
the board of elections of the proper county not less than	11523
seventy-five days before the general election in any year	11524
requesting that an election be held on such question. Such	11525
petition shall state the amount of the proposed decrease in the	11526
rate of levy and shall be signed by qualified electors residing in	11527
the subdivision equal in number to at least ten per cent of the	11528
total number of votes cast in the subdivision for the office of	11529
governor at the most recent general election for that office. Only	11530
one such petition may be filed during each five-year period	11531
following the election at which the voters approved the increased	11532
rate for a continuing period of time.	11533

After determination by it that such petition is valid, the	11534
board of elections shall submit the question to the electors of	11535
the district at the succeeding general election. The election	11536
shall be conducted, canvassed, and certified in the same manner as	11537
regular elections in such subdivision for county offices. Notice	11538
of the election shall be published in a newspaper of general	11539
circulation in the district once a week for two consecutive weeks	11540
or as provided in section 7.16 of the Revised Code, prior to the	11541
election~~, and, if~~. If the board of elections operates and	11542
maintains a web site, the board of elections shall post notice of	11543
the election on its web site for thirty days prior to the	11544
election. The notice shall state the purpose, the amount of the	11545
proposed decrease in rate, and the time and place of the election.	11546
The form of the ballot cast at such election shall be prescribed	11547
by the secretary of state. The question covered by such petition	11548
shall be submitted as a separate proposition but it may be printed	11549
on the same ballot with any other propositions submitted at the	11550
same election other than the election of officers. If a majority	11551
of the qualified electors voting on the question of a decrease at	11552
such election approve the proposed decrease in rate, the result of	11553
the election shall be certified immediately after the canvass by	11554
the board of elections to the subdivision's taxing authority,	11555
which shall thereupon, after the current year, cease to levy such	11556
increased rate or levy such tax at such reduced rate upon the	11557
duplicate of the subdivision. If notes have been issued in	11558
anticipation of the collection of such levy, the taxing authority	11559
shall continue to levy and collect under authority of the election	11560
authorizing the original levy such amounts as will be sufficient	11561
to pay the principal of and interest on such anticipation notes as	11562
the same fall due.	11563

Sec. 5705.314. If the board of education of a city, local,	11564
or exempted village school district proposes to change its levy	11565
within the ten-mill limitation in a manner that will result in an	11566
increase in the amount of real property taxes levied by the board	11567
in the tax year the change takes effect, the board shall hold a	11568
public hearing solely on the proposal before adopting a resolution	11569
to implement the proposal. The board shall publish notice of the	11570
hearing in a newspaper of general circulation in the school	11571
district once a week for two consecutive weeks or as provided in	11572
section 7.16 of the Revised Code. The second publication shall be	11573
not less than ten nor more than thirty days before the date of the	11574
hearing~~. The~~, and the notice shall include the date, time, place,	11575
and subject of the hearing, and a statement that the change	11576
proposed by the board may result in an increase in the amount of	11577
real property taxes levied by the board. At the time the board	11578
submits the notice for publication, the board shall send a copy of	11579
the notice to the auditor of the county where the school district	11580
is located or, if the school district is located in more than one	11581
county, to the auditor of each of those counties.	11582

Sec. 5705.71. (A) The electors of a county may initiate the	11583
question of a tax levy for support of senior citizens services or	11584
facilities by the filing of a petition with the board of elections	11585
of that county not less than seventy-five days before the date of	11586
any primary or general election requesting that an election be	11587
held on such question. The petition shall be signed by at least	11588
ten per cent of the qualified electors residing in the county and	11589
voting for the office of governor at the last general election.	11590

(B) The petition shall state the purpose for which the senior	11591
citizens tax levy is being proposed, shall specify the amount of	11592
the proposed increase in rate, the period of time during which the	11593
increase is to be in effect, and whether the levy is to be imposed	11594
in the current year. The number of years may be any number not	11595
exceeding five, except that when the additional rate is for the	11596
payment of debt charges the increased rate shall be for the life	11597
of the indebtedness.	11598

(C) After determination by it that such petition is valid,	11599
the board of elections shall submit the question to the electors	11600
of the county at the succeeding primary or general election.	11601

(D) The election shall be conducted, canvassed, and certified	11602
in the same manner as regular elections in such county for county	11603
offices. Notice of the election shall be published in a newspaper	11604
of general circulation in the county once a week for two	11605
consecutive weeks or as provided in section 7.16 of the Revised	11606
Code, prior to the election~~, and, if~~. If the board of elections	11607
operates and maintains a web site, the board of elections shall	11608
post notice of the election on its web site for thirty days prior	11609
to the election. The notice shall state the purpose, the amount of	11610
the proposed increase in rate, and the time and place of the	11611
election.	11612

(E) The form of the ballot cast at such election shall be	11613
prescribed by the secretary of state. If the tax is to be placed	11614
on the tax list of the current tax year, the form of the ballot	11615
shall include a statement to that effect and shall indicate the	11616
first calendar year the tax will be due. The question covered by	11617
such petition shall be submitted as a separate proposition but it	11618
may be printed on the same ballot with any other propositions	11619
submitted at the same election other than the election of	11620
officers.	11621

(F) If a majority of electors voting on the question vote in	11622
favor of the levy, the board of county commissioners shall levy a	11623
tax, for the period and the purpose stated within the petition. If	11624
the tax is to be placed upon the tax list of the current year, as	11625
specified in the petition, the result of the election shall be	11626
certified immediately after the canvass by the board of elections	11627
to the board of county commissioners, which shall forthwith make	11628
the necessary levy and certify it to the county auditor, who shall	11629
extend it on the tax list for collection. After the first year,	11630
the tax levy shall be included in the annual tax budget that is	11631
certified to the county budget commission.	11632

Sec. 5713.01. (A) Each county shall be the unit for	11633
assessing real estate for taxation purposes. The county auditor	11634
shall be the assessor of all the real estate in the auditor's	11635
county for purposes of taxation, but this section does not affect	11636
the power conferred by Chapter 5727. of the Revised Code upon the	11637
tax commissioner regarding the valuation and assessment of real	11638
property used in railroad operations.	11639

(B) The auditor shall assess all the real estate situated in	11640
the county at its taxable value in accordance with sections	11641
5713.03, 5713.31, and 5715.01 of the Revised Code and with the	11642
rules and methods applicable to the auditor's county adopted,	11643
prescribed, and promulgated by the tax commissioner. The auditor	11644
shall view and appraise or cause to be viewed and appraised at its	11645
true value in money, each lot or parcel of real estate, including	11646
land devoted exclusively to agricultural use, and the improvements	11647
located thereon at least once in each six-year period and the	11648
taxable values required to be derived therefrom shall be placed on	11649
the auditor's tax list and the county treasurer's duplicate for	11650
the tax year ordered by the commissioner pursuant to section	11651
5715.34 of the Revised Code. The commissioner may grant an	11652
extension of one year or less if the commissioner finds that good	11653
cause exists for the extension. When the auditor so views and	11654
appraises, the auditor may enter each structure located thereon to	11655
determine by actual view what improvements have been made therein	11656
or additions made thereto since the next preceding valuation. The	11657
auditor shall revalue and assess at any time all or any part of	11658
the real estate in such county, including land devoted exclusively	11659
to agricultural use, where the auditor finds that the true or	11660
taxable values thereof have changed, and when a conservation	11661
easement is created under sections 5301.67 to 5301.70 of the	11662
Revised Code. The auditor may increase or decrease the true or	11663
taxable value of any lot or parcel of real estate in any township,	11664
municipal corporation, or other taxing district by an amount which	11665
will cause all real property on the tax list to be valued as	11666
required by law, or the auditor may increase or decrease the	11667
aggregate value of all real property, or any class of real	11668
property, in the county, township, municipal corporation, or other	11669
taxing district, or in any ward or other division of a municipal	11670
corporation by a per cent or amount which will cause all property	11671
to be properly valued and assessed for taxation in accordance with	11672
Section 36, Article II, Section 2, Article XII, Ohio Constitution,	11673
this section, and sections 5713.03, 5713.31, and 5715.01 of the	11674
Revised Code.	11675

(C) When the auditor determines to reappraise all the real	11676
estate in the county or any class thereof, when the tax	11677
commissioner orders an increase in the aggregate true or taxable	11678
value of the real estate in any taxing subdivision, or when the	11679
taxable value of real estate is increased by the application of a	11680
uniform taxable value per cent of true value pursuant to the order	11681
of the commissioner, the auditor shall advertise the completion of	11682
the reappraisal or equalization action in a newspaper of general	11683
circulation in the county once a week for the three consecutive	11684
weeks next preceding the issuance of the tax bills, or as provided	11685
in section 7.16 of the Revised Code for the two consecutive weeks	11686
next preceding the issuance of the tax bills. When the auditor	11687
changes the true or taxable value of any individual parcels of	11688
real estate, the auditor shall notify the owner of the real	11689
estate, or the person in whose name the same stands charged on	11690
the duplicate, by mail or in person, of the changes the auditor	11691
has made in the assessments of such property. Such notice shall	11692
be given at least thirty days prior to the issuance of the tax	11693
bills. Failure to receive notice shall not invalidate any	11694
proceeding under this section.	11695

(D) The auditor shall make the necessary abstracts from books	11696
of the auditor's office containing descriptions of real estate in	11697
such county, together with such platbooks and lists of transfers	11698
of title to land as the auditor deems necessary in the performance	11699
of the auditor's duties in valuing such property for taxation.	11700
Such abstracts, platbooks, and lists shall be in such form and	11701
detail as the tax commissioner prescribes.	11702

(E) The auditor, with the approval of the tax commissioner,	11703
may appoint and employ such experts, deputies, clerks, or other	11704
employees as the auditor deems necessary to the performance of the	11705
auditor's duties as assessor, or, with the approval of the tax	11706
commissioner, the auditor may enter into a contract with an	11707
individual, partnership, firm, company, or corporation to do all	11708
or any part of the work; the amount to be expended in the payment	11709
of the compensation of such employees shall be fixed by the board	11710
of county commissioners. If, in the opinion of the auditor, the	11711
board of county commissioners fails to provide a sufficient amount	11712
for the compensation of such employees, the auditor may apply to	11713
the tax commissioner for an additional allowance, and the	11714
additional amount of compensation allowed by the commissioner	11715
shall be certified to the board of county commissioners, and the	11716
same shall be final. The salaries and compensation of such	11717
experts, deputies, clerks, and employees shall be paid upon the	11718
warrant of the auditor out of the general fund or the real estate	11719
assessment fund of the county, or both. If the salaries and	11720
compensation are in whole or in part fixed by the commissioner,	11721
they shall constitute a charge against the county regardless of	11722
the amount of money in the county treasury levied or appropriated	11723
for such purposes.	11724

(F) Any contract for goods or services related to the	11725
auditor's duties as assessor, including contracts for mapping,	11726
computers, and reproduction on any medium of any documents,	11727
records, photographs, microfiche, or magnetic tapes, but not	11728
including contracts for the professional services of an appraiser,	11729
shall be awarded pursuant to the competitive bidding procedures	11730
set forth in sections 307.86 to 307.92 of the Revised Code and	11731
shall be paid for, upon the warrant of the auditor, from the real	11732
estate assessment fund.	11733

(G) Experts, deputies, clerks, and other employees, in	11734
addition to their other duties, shall perform such services as the	11735
auditor directs in ascertaining such facts, description, location,	11736
character, dimensions of buildings and improvements, and other	11737
circumstances reflecting upon the value of real estate as will aid	11738
the auditor in fixing its true and taxable value and, in the case	11739
of land valued in accordance with section 5713.31 of the Revised	11740
Code, its current agricultural use value. The auditor may also	11741
summon and examine any person under oath in respect to any matter	11742
pertaining to the value of any real property within the county.	11743

Sec. 5715.17. When the county board of revision has	11744
completed its work of equalization and transmitted the returns to	11745
~~him~~the county auditor, the ~~county~~ auditor shall give notice by	11746
advertising in ~~two newspapers of opposite politics published in~~	11747
~~and~~a newspaper of general circulation throughout the county that	11748
the tax returns for the current year have been revised and the	11749
valuations have been completed and are open for public inspection	11750
in ~~his~~the auditor's office, and that complaints against any	11751
valuation or assessment, except the valuations fixed and	11752
assessments made by the department of taxation, will be heard by	11753
the board, stating in the notice the time and place of the meeting	11754
of such board. Such advertisement shall be inserted in a	11755
conspicuous place in ~~each~~ such newspaper and be published daily	11756
for ten days~~, unless there is no daily newspaper published in and~~	11757
~~of general circulation throughout such county, in which event such~~	11758
~~advertisement shall be so published once each week for two weeks~~	11759
or as provided in section 7.16 of the Revised Code.	11760

The auditor shall, upon request, furnish to any person a	11761
certificate setting forth the assessment and valuation of any	11762
tract, lot, or parcel of real estate or any specific personal	11763
property, and mail the same when requested to do so upon receipt	11764
of sufficient postage.	11765

The auditor shall furnish notice to boards of education of	11766
school districts within the county of all hearings, and the	11767
results of such hearings, held in regard to the reduction or	11768
increasing of tax valuations in excess of one hundred thousand	11769
dollars directly affecting the revenue of such district.	11770

Sec. 5715.23. Annually, immediately after the county board	11771
of revision has acted upon the assessments for the current year as	11772
required under section 5715.16 of the Revised Code and the county	11773
auditor has given notice by advertisement in ~~two newspapers~~a	11774
newspaper of general circulation in the county that the valuations	11775
have been revised and are open for public inspection as provided	11776
in section 5715.17 of the Revised Code, each auditor shall make	11777
out and transmit to the tax commissioner an abstract of the real	11778
property of each taxing district in ~~his~~the auditor's county, in	11779
which hethe auditor shall set forth the aggregate amount and	11780
valuation of each class of real property in such county and in	11781
each taxing district therein as it appears on ~~his~~the auditor's	11782
tax list or the statements and returns on file in ~~his~~the	11783
auditor's office and an abstract of the current year's true value	11784
of land valued for such year under section 5713.31 of the Revised	11785
Code as it appears in the current year's agricultural land tax	11786
list.	11787

Sec. 5719.04. (A) Immediately after each settlement required	11788
by division (D) of section 321.24 of the Revised Code the county	11789
auditor shall make a tax list and duplicates thereof of all	11790
general personal and classified property taxes remaining unpaid,	11791
as shown by the county treasurer's books and the list of taxes	11792
returned as delinquent by the treasurer to the auditor at such	11793
settlement. The county auditor shall also include in such list all	11794
taxes assessed by the tax commissioner pursuant to law which were	11795
not charged upon the tax lists and duplicates on which such	11796
settlements were made nor previously charged upon a delinquent tax	11797
list and duplicates pursuant to this section, but the auditor	11798
shall not include taxes specifically excepted from collection	11799
pursuant to section 5711.32 of the Revised Code. Such tax list and	11800
duplicates shall contain the name of the person charged and the	11801
amount of such taxes, and the penalty, due and unpaid, and shall	11802
set forth separately the amount charged or chargeable on the	11803
general and on the classified list and duplicate. The auditor	11804
shall deliver one such duplicate to the treasurer on the first day	11805
of December, annually. Upon receipt of the duplicate the treasurer	11806
may prepare and mail tax bills to all persons charged with such	11807
delinquent taxes. Each bill shall include a notice that the	11808
interest charge prescribed by section 5719.041 of the Revised Code	11809
has begun to accrue.	11810

The auditor shall cause a copy of the delinquent personal and	11811
classified property tax list and duplicate provided for in this	11812
division to be published twice, or as provided in section 7.16 of	11813
the Revised Code, within sixty days after delivery of such	11814
duplicate to the treasurer in a newspaper ~~published in the~~	11815
~~English language in the county and~~ of general circulation ~~therein~~	11816
in the county; provided that, before such publication, the auditor	11817
shall cause a display notice of the forthcoming publication of	11818
such delinquent personal and classified property tax list to be	11819
inserted once a week for two consecutive weeks in a newspaper	11820
~~published in the English language in the county and~~ of general	11821
circulation ~~therein~~in the county or as provided in section 7.16	11822
of the Revised Code. Copy for such display notice shall be	11823
furnished by the auditor to the newspaper selected to publish such	11824
delinquent tax lists simultaneously with the delivery of the	11825
duplicate to the treasurer. ~~If there is only one newspaper~~	11826
~~published in the county, such display notice and delinquent~~	11827
~~personal and classified property tax lists shall be published in~~	11828
~~it.~~ Publication of the delinquent lists may be made by a newspaper	11829
in installments, provided that complete publication thereof is	11830
made twice, or as provided in section 7.16 of the Revised Code,	11831
during said sixty-day period.	11832

The office of the county treasurer shall be kept open to	11833
receive the payment of delinquent general and classified property	11834
taxes from the day of delivery of the duplicate thereof until the	11835
final publication of the delinquent tax list. The name of any	11836
taxpayer who prior to seven days before either the first or second	11837
publication of said list pays such taxes in full or enters into a	11838
delinquent tax contract to pay such taxes in installments pursuant	11839
to section 5719.05 of the Revised Code shall be stricken from such	11840
list, and the taxpayer's name shall not be included in the list	11841
for that publication.	11842

The other such duplicate, from which shall first be	11843
eliminated the names of persons whose total liability for taxes	11844
and penalty is less than one hundred dollars, shall be filed by	11845
the auditor on the first day of December, annually, in the office	11846
of the county recorder, and the same shall constitute a notice of	11847
lien and operate as of the date of delivery as a lien on the lands	11848
and tenements, vested legal interests therein, and permanent	11849
leasehold estates of each person named therein having such real	11850
estate in such county. Such notice of lien and such lien shall not	11851
be valid as against any mortgagee, pledgee, purchaser, or judgment	11852
creditor whose rights have attached prior to the date of such	11853
delivery. Such duplicate shall be kept by the recorder, designated	11854
as the personal tax lien record, and indexed under the name of the	11855
person charged with such tax. No fee shall be charged by the	11856
recorder for the services required under this section.	11857

The auditor shall add to the tax list made pursuant to this	11858
section all such taxes omitted in a previous year when assessed by	11859
the auditor or finally assessed by the tax commissioner pursuant	11860
to law, and by proper certificates cause the same to be added to	11861
the treasurer's delinquent tax duplicate provided for in this	11862
section, and, in proper cases, file notice of the lien with the	11863
recorder, as provided in this section.	11864

If the authority making any assessment believes that the	11865
collection of such taxes will be jeopardized by delay, such	11866
assessing authority shall so certify on the assessment certificate	11867
thereof, and the auditor shall include a certificate of such	11868
jeopardy in the certificate given by the auditor to the treasurer.	11869
In such event the treasurer shall proceed immediately to collect	11870
such taxes, and to enforce the collection thereof by any means	11871
provided by law, and the treasurer may not accept a tender of any	11872
part of such taxes; but the person or the representatives of the	11873
person against whom such assessment is made may, in the event of	11874
an appeal to the tax commissioner therefrom, obtain a stay of	11875
collection of the whole or any part of the amount of such	11876
assessment by filing with the treasurer a bond in an amount not	11877
exceeding double the amount as to which the stay is desired, with	11878
such surety as the treasurer deems necessary, conditioned upon the	11879
payment of the amount determined to be due by the decision of the	11880
commissioner which has become final, and further conditioned that	11881
if an appeal is not filed within the period provided by law, the	11882
amount of collection which is stayed by the bond will be paid on	11883
notice and demand of the treasurer at any time after the	11884
expiration of such period. The taxpayer may waive such stay as to	11885
the whole or any part of the amount covered by the bond, and if as	11886
the result of such waiver any part of the amount covered by the	11887
bond is paid, then the bond shall be proportionately reduced on	11888
the request of the taxpayer.	11889

(B) Immediately after each settlement required by division	11890
(D) of section 321.24 of the Revised Code the auditor shall make a	11891
separate list and duplicate, prepared as prescribed in division	11892
(A) of this section, of all general personal and classified	11893
property taxes that remain unpaid but are excepted from collection	11894
pursuant to section 5711.32 of the Revised Code. The duplicate of	11895
such list shall be delivered to the treasurer at the time of	11896
delivery of the delinquent personal and classified property tax	11897
duplicate.	11898

Sec. 5721.01. (A) As used in this chapter:

11899

(1) "Delinquent lands" means all lands upon which delinquent	11900
taxes, as defined in section 323.01 of the Revised Code, remain	11901
unpaid at the time a settlement is made between the county	11902
treasurer and auditor pursuant to division (C) of section 321.24	11903
of the Revised Code.	11904

(2) "Delinquent vacant lands" means all lands that have been	11905
delinquent lands for at least one year and that are unimproved by	11906
any dwelling.	11907

(3) "County land reutilization corporation" means a county	11908
land reutilization corporation organized under Chapter 1724. of	11909
the Revised Code.	11910

(B) As used in sections 5719.04, 5721.03, and 5721.31 of the	11911
Revised Code and in any other sections of the Revised Code to	11912
which those sections are applicable, a "newspaper" or "newspaper	11913
of general circulation ~~shall be a publication bearing a title or~~	11914
~~name, regularly issued as frequently as once a week for a definite~~	11915
~~price or consideration paid for by not less than fifty per cent of~~	11916
~~those to whom distribution is made, having a second class mailing~~	11917
~~privilege, being not less than four pages, published continuously~~	11918
~~during the immediately preceding one-year period, and circulated~~	11919
~~generally in the political subdivision in which it is published.~~	11920
~~Such publication shall be of a type to which the general public~~	11921
~~resorts for passing events of a political, religious, commercial,~~	11922
~~and social nature, current happenings, announcements,~~	11923
~~miscellaneous reading matter, advertisements, and other notices~~"	11924
has the same meaning as in section 7.12 of the Revised Code.	11925

Sec. 5721.03. (A) At the time of making the delinquent land	11926
list, as provided in section 5721.011 of the Revised Code, the	11927
county auditor shall compile a delinquent tax list consisting of	11928
all lands on the delinquent land list on which taxes have become	11929
delinquent at the close of the collection period immediately	11930
preceding the making of the delinquent land list. The auditor	11931
shall also compile a delinquent vacant land tax list of all	11932
delinquent vacant lands prior to the institution of any	11933
foreclosure and forfeiture actions against delinquent vacant lands	11934
under section 5721.14 of the Revised Code or any foreclosure	11935
actions against delinquent vacant lands under section 5721.18 of	11936
the Revised Code.	11937

The delinquent tax list, and the delinquent vacant land tax	11938
list if one is compiled, shall contain all of the information	11939
included on the delinquent land list, except that, if the	11940
auditor's records show that the name of the person in whose name	11941
the property currently is listed is not the name that appears on	11942
the delinquent land list, the name used in the delinquent tax list	11943
or the delinquent vacant land tax list shall be the name of the	11944
person the auditor's records show as the person in whose name the	11945
property currently is listed.	11946

Lands that have been included in a previously published	11947
delinquent tax list shall not be included in the delinquent tax	11948
list so long as taxes have remained delinquent on such lands for	11949
the entire intervening time.	11950

In either list, there may be included lands that have been	11951
omitted in error from a prior list and lands with respect to which	11952
the auditor has received a certification that a delinquent tax	11953
contract has become void since the publication of the last	11954
previously published list, provided the name of the owner was	11955
stricken from a prior list under section 5721.02 of the Revised	11956
Code.	11957

(B)(1) The auditor shall cause the delinquent tax list and	11958
the delinquent vacant land tax list, if one is compiled, to be	11959
published twice, or as provided in section 7.16 of the Revised	11960
Code, within sixty days after the delivery of the delinquent land	11961
duplicate to the county treasurer, in a newspaper of general	11962
circulation in the county. ~~The publication shall be printed in the~~	11963
~~English language.~~	11964

The auditor shall insert display notices of the forthcoming	11965
publication of the delinquent tax list and, if it is to be	11966
published, the delinquent vacant land tax list once a week for two	11967
consecutive weeks in a newspaper of general circulation in the	11968
county or as provided in section 7.16 of the Revised Code. The	11969
display notices shall contain the times and methods of payment of	11970
taxes provided by law, including information concerning	11971
installment payments made in accordance with a written delinquent	11972
tax contract. The display notice for the delinquent tax list also	11973
shall include a notice that an interest charge will accrue on	11974
accounts remaining unpaid after the last day of November unless	11975
the taxpayer enters into a written delinquent tax contract to pay	11976
such taxes in installments. The display notice for the delinquent	11977
vacant land tax list if it is to be published also shall include a	11978
notice that delinquent vacant lands in the list are lands on which	11979
taxes have remained unpaid for one year after being certified	11980
delinquent, and that they are subject to foreclosure proceedings	11981
as provided in section 323.25, sections 323.65 to 323.79, or	11982
section 5721.18 of the Revised Code, or foreclosure and	11983
forfeiture proceedings as provided in section 5721.14 of the	11984
Revised Code. Each display notice also shall state that the lands	11985
are subject to a tax certificate sale under section 5721.32 or	11986
5721.33 of the Revised Code or assignment to a county land	11987
reutilization corporation, as the case may be, and shall include	11988
any other information that the auditor considers pertinent to	11989
the purpose of the notice. The display notices shall be	11990
furnished by the auditor to the ~~newspapers~~newspaper selected to	11991
publish the lists at least ten days before their first	11992
publication.	11993

(2) Publication of the list or lists may be made by a	11994
newspaper in installments, provided the complete publication of	11995
each list is made twice, or as provided in section 7.16 of the	11996
Revised Code, during the sixty-day period.	11997

(3) There shall be attached to the delinquent tax list a	11998
notice that the delinquent lands will be certified for foreclosure	11999
by the auditor unless the taxes, assessments, interest, and	12000
penalties due and owing on them are paid. There shall be attached	12001
to the delinquent vacant land tax list, if it is to be published,	12002
a notice that delinquent vacant lands will be certified for	12003
foreclosure or foreclosure and forfeiture by the auditor unless	12004
the taxes, assessments, interest, and penalties due and owing on	12005
them are paid within twenty-eight days after the final publication	12006
of the notice.	12007

(4) The auditor shall review the first publication of each	12008
list for accuracy and completeness and may correct any errors	12009
appearing in the list in the second publication.	12010

(C) For the purposes of section 5721.18 of the Revised Code,	12011
land is first certified delinquent on the date of the	12012
certification of the delinquent land list containing that land.	12013

Sec. 5721.04. The proper and necessary expenses of	12014
publishing the delinquent tax lists, delinquent vacant land tax	12015
lists, and display notices provided for by sections 5719.04 and	12016
5721.03 of the Revised Code shall be paid from the county treasury	12017
as county expenses are paid, and the board of county commissioners	12018
shall make provision for them in the annual budget of the county	12019
submitted to the budget commission, and shall make the necessary	12020
appropriations. If the board fails to make such appropriations, or	12021
if an appropriation is insufficient to meet such an expense, any	12022
person interested may apply to the court of common pleas of the	12023
county for an allowance to cover the expense, and the court shall	12024
issue an order instructing the county auditor to issue ~~his~~a	12025
warrant upon the county treasurer for the amount necessary. The	12026
order by the court shall be final and shall be complied with	12027
immediately.	12028

The aggregate amount paid ~~shall~~for publication may be	12029
apportioned by the county auditor among the taxing districts in	12030
which the lands on each list are located in proportion to the	12031
amount of delinquent taxes so advertised in such subdivision, or	12032
the auditor may place the aggregate amount paid upon the tax	12033
duplicate as a lien on the lands on each list, to be collected as	12034
other taxes, in the amount of the actual expenses of publication,	12035
apportioned equally among the property owners on each list.	12036
Thereafter, the auditor, in making ~~his~~the auditor's semiannual	12037
apportionment of funds, shall retain at each semiannual	12038
apportionment one half the amount apportioned to each such taxing	12039
district. The amounts retained shall be credited to the general	12040
fund of the county until the aggregate of all amounts paid in the	12041
first instance out of the treasury have been fully reimbursed.	12042

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	12043
delinquent land list compiled under section 5721.011 of the	12044
Revised Code, or a delinquent land list compiled previously under	12045
that section, the county treasurer may select from the list	12046
parcels of delinquent land the lien against which the county	12047
treasurer may attempt to transfer by the sale of tax certificates	12048
under sections 5721.30 to 5721.43 of the Revised Code. None of	12049
the following parcels may be selected for a tax certificate sale:	12050

(a) A parcel for which the full amount of taxes, assessments,	12051
penalties, interest, and charges have been paid;	12052

(b) A parcel for which a valid contract under section	12053
323.122, 323.31, or 5713.20 of the Revised Code is in force;	12054

(c) A parcel the owner of which has filed a petition in	12055
bankruptcy, so long as the parcel is property of the bankruptcy	12056
estate.	12057

(2) The county treasurer shall compile a separate list of	12058
parcels selected for tax certificate sales, including the same	12059
information as is required to be included in the delinquent land	12060
list.	12061

Upon compiling the list of parcels selected for tax	12062
certificate sales, the county treasurer may conduct a title search	12063
for any parcel on the list.	12064

(B)(1) Except as otherwise provided in division (B)(3) of	12065
this section, when tax certificates are to be sold under section	12066
5721.32 of the Revised Code with respect to parcels, the county	12067
treasurer shall send written notice by certified mail to either	12068
the owner of record or all interested parties discoverable	12069
through a title search, or both, of each parcel on the list. A	12070
notice to an owner shall be sent to the owner's last known	12071
tax-mailing address. The notice shall inform the owner or	12072
interested parties that a tax certificate will be offered for sale	12073
on the parcel, and that the owner or interested parties may incur	12074
additional expenses as a result of the sale.	12075

(2) Except as otherwise provided in division (B)(3) of this	12076
section, when tax certificates are to be sold or transferred under	12077
section 5721.33 of the Revised Code with respect to parcels, the	12078
county treasurer, at least thirty days prior to the date of sale	12079
or transfer of such tax certificates, shall send written notice	12080
of the sale or transfer by certified mail to the last known	12081
tax-mailing address of the record owner of the property or parcel	12082
and may send such notice to all parties with an interest in the	12083
property that has been recorded in the property records of the	12084
county pursuant to section 317.08 of the Revised Code. The notice	12085
shall state that a tax certificate will be offered for sale or	12086
transfer on the parcel, and that the owner or interested parties	12087
may incur additional expenses as a result of the sale or	12088
transfer.	12089

(3) The county treasurer is not required to send a notice	12090
under division (B)(1) or (B)(2) of this section if the treasurer	12091
previously has attempted to send such notice to the owner of the	12092
parcel and the notice has been returned by the post office as	12093
undeliverable. The absence of a valid tax-mailing address for the	12094
owner of a parcel does not preclude the county treasurer from	12095
selling or transferring a tax certificate for the parcel.	12096

(C) The county treasurer shall advertise the sale of tax	12097
certificates under section 5721.32 of the Revised Code in a	12098
newspaper of general circulation in the county, once a week for	12099
two consecutive weeks or as provided in section 7.16 of the	12100
Revised Code. The advertisement shall include the date, the time,	12101
and the place of the public auction, abbreviated legal	12102
descriptions of the parcels, and the names of the owners of record	12103
of the parcels. The advertisement also shall include the	12104
certificate purchase prices of the parcels or the total purchase	12105
price of tax certificates for sale in blocks of tax certificates.	12106

(D) After the county treasurer has compiled the list of	12107
parcels selected for tax certificate sales but before a tax	12108
certificate respecting a parcel is sold or transferred, if the	12109
owner of record of the parcel pays to the county treasurer in	12110
cash the delinquent taxes respecting the parcel or otherwise acts	12111
so that any condition in division (A)(1)(a), (b), or (c) of	12112
this section applies to the parcel, the owner of record of the	12113
parcel also shall pay a fee in an amount prescribed by the	12114
treasurer to cover the administrative costs of the treasurer	12115
under this section respecting the parcel. The fee shall be	12116
deposited in the county treasury to the credit of the tax	12117
certificate administration fund.	12118

(E) A tax certificate administration fund shall be created in	12119
the county treasury of each county selling tax certificates under	12120
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	12121
administered by the county treasurer, and used solely for the	12122
purposes of sections 5721.30 to 5721.43 of the Revised Code or as	12123
otherwise permitted in this division. Any fee received by the	12124
treasurer under sections 5721.30 to 5721.43 of the Revised Code	12125
shall be credited to the fund, except the bidder registration fee	12126
under division (B) of section 5721.32 of the Revised Code and the	12127
county prosecuting attorney's fee under division (B)(3) of	12128
section 5721.37 of the Revised Code. To the extent there is a	12129
surplus in the fund from time to time, the surplus may, with the	12130
approval of the county treasurer, be utilized for the purposes of	12131
a county land reutilization corporation operating in the county.	12132

(F) The county treasurers of more than one county may jointly	12133
conduct a regional sale of tax certificates under section 5721.32	12134
of the Revised Code. A regional sale shall be held at a single	12135
location in one county, where the tax certificates from each of	12136
the participating counties shall be offered for sale at public	12137
auction. Before the regional sale, each county treasurer shall	12138
advertise the sale for the parcels in the treasurer's county as	12139
required by division (C) of this section. At the regional sale,	12140
tax certificates shall be sold on parcels from one county at a	12141
time, with all of the certificates for one county offered for sale	12142
before any certificates for the next county are offered for sale.	12143

(G) The tax commissioner shall prescribe the form of the tax	12144
certificate under this section, and county treasurers shall use	12145
the form so prescribed.	12146

Sec. 5722.13. Real property acquired and held by an electing	12147
subdivision pursuant to this chapter that is not sold or otherwise	12148
transferred within fifteen years after such acquisition shall be	12149
offered for sale at public auction during the sixteenth year after	12150
acquisition. If the real property is not sold at that time, it	12151
may be disposed of or retained for any lawful purpose without	12152
further application of this chapter.	12153

Notice of the sale shall contain a description of each	12154
parcel, the permanent parcel number, and the full street address	12155
when available. The notice shall be published as provided in	12156
section 7.16 of the Revised Code, or once a week for three	12157
consecutive weeks ~~prior to the sale~~ in a newspaper of general	12158
circulation within the electing subdivision, prior to the sale.	12159

Each parcel subsequent to the fifteenth year after its	12160
acquisition as part of a land reutilization program shall be sold	12161
for an amount equal to not less than the greater of:	12162

(A) Two-thirds of its fair market value;

12163

(B) The total amount of accrued taxes, assessments,	12164
penalties, interest, charges, and costs incurred by the electing	12165
subdivision in the acquisition, maintenance, and disposal of each	12166
parcel and the parcel's share of the costs and expenses of the	12167
land reutilization program.	12168

The sale requirements of this section do not apply to real	12169
property acquired and held by a county land reutilization	12170
corporation.	12171

Sec. 5723.05. If the taxes, assessments, charges, penalties,	12172
interest, and costs due on the forfeited lands have not been paid	12173
when the county auditor fixes the date for the sale of forfeited	12174
lands, the auditor shall give notice of them once a week for two	12175
consecutive weeks prior to the date fixed by the auditor for the	12176
sale, ~~in two newspapers~~ as provided in section 5721.03 of the	12177
Revised Code. The notice shall state that if the taxes,	12178
assessments, charges, penalties, interest, and costs charged	12179
against the lands forfeited to the state for nonpayment of taxes	12180
are not paid into the county treasury, and the county treasurer's	12181
receipt produced for the payment before the time specified in the	12182
notice for the sale of the lands, which day shall be named in the	12183
notice, each forfeited tract on which the taxes, assessments,	12184
charges, penalties, interest, and costs remain unpaid will be	12185
offered for sale beginning on the date set by the auditor, at the	12186
courthouse in the county, in order to satisfy the unpaid taxes,	12187
assessments, charges, penalties, interest, and costs, and that the	12188
sale will continue from day to day until each of the tracts is	12189
sold or offered for sale.	12190

The notice also shall state that, if the forfeited land is	12191
sold for an amount that is less than the amount of the delinquent	12192
taxes, assessments, charges, penalties, and interest against it,	12193
and, if division (B)(2) of section 5721.17 of the Revised Code is	12194
applicable, any notes issued by a receiver pursuant to division	12195
(F) of section 3767.41 of the Revised Code and any receiver's lien	12196
as defined in division (C)(4) of section 5721.18 of the Revised	12197
Code, the court, in a separate order, may enter a deficiency	12198
judgment against the last owner of record of the land before its	12199
forfeiture to the state, for the amount of the difference; and	12200
that, if that owner of record is a corporation, the court may	12201
enter the deficiency judgment against the stockholder holding a	12202
majority of that corporation's stock.	12203

Sec. 5727.57. In addition to all other remedies for the	12204
collection of any taxes or penalties due under law, whenever any	12205
taxes, fees, or penalties due from any public utility have	12206
remained unpaid for a period of ninety days, or whenever any	12207
public utility has failed for a period of ninety days to make any	12208
report or return required by law, or to pay any penalty for	12209
failure to make or file such report or return, the attorney	12210
general, upon the request of the tax commissioner, shall file a	12211
petition in the court of common pleas in the county of the state	12212
in which such public utility has its principal place of business	12213
for a judgment for the amount of the taxes and penalties appearing	12214
to be due, the enforcement of any lien in favor of the state, and	12215
an injunction to restrain such public utility and its officers,	12216
directors, and managing agents from the transaction of any	12217
business within this state, other than such acts as are incidental	12218
to liquidation or winding up, until the payment of such taxes,	12219
fees, penalties, and the costs of the proceeding, which shall be	12220
fixed by the court, or the making and filing of such report or	12221
return.	12222

Such petition shall be in the name of the state. All or any	12223
of the public utilities having their principal places of business	12224
in the county may be joined in one suit. On the motion of the	12225
attorney general, the court of common pleas shall enter an order	12226
requiring all defendants to answer by a day certain, and may	12227
appoint a special master commissioner to take testimony, with such	12228
other power and authority as the court confers, and permit process	12229
to be served by certified mail and by publication in a newspaper	12230
of general circulation ~~published~~ in the county, which publication	12231
need not be made more than once, setting forth the name of each	12232
delinquent public utility, the matter in which such public utility	12233
is delinquent, the names of its officers, directors, and managing	12234
agents, if set forth in the petition, and the amount of any taxes,	12235
fees, or penalties claimed to be owing by said public utility.	12236

All of the officers, directors, shareholders, or managing	12237
agents of any public utility may be joined as defendants with such	12238
public utility.	12239

If it appears to the court upon hearing that any public	12240
utility which is a party to such proceeding is indebted to the	12241
state for taxes, fees, or penalties, judgment shall be entered	12242
therefor with interest, which shall be computed at the rate per	12243
annum prescribed by section 5703.47 of the Revised Code; and if it	12244
appears that any public utility has failed to make or file any	12245
report or return, a mandatory injunction may be issued against	12246
such public utility, its officers, directors, and managing agents,	12247
as such enjoining them from the transaction of any business within	12248
this state, other than acts incidental to liquidation or winding	12249
up, until the making and filing of all proper reports or returns	12250
and the payment in full of all taxes, fees, and penalties.	12251

If the officers, directors, shareholders, or managing agents	12252
of a public utility are not made parties in the first instance,	12253
and a judgment or an injunction is rendered or issued against such	12254
public utility, such officers, directors, shareholders, or	12255
managing agents, or any of them, may be made parties to such	12256
proceedings upon the motion of the attorney general, and, upon	12257
notice to them of the form and terms of such injunction, they	12258
shall be bound thereby as fully as if they had been made parties	12259
in the first instance.	12260

In any action authorized by this section, a statement of the	12261
commissioner or the secretary of state, when duly certified shall	12262
be prima-facie evidence of the amount of taxes, fees, or penalties	12263
due from any public utility, or of the failure of any public	12264
utility to file with the commissioner or the secretary of state	12265
any report required by law, and any such certificate of the	12266
commissioner or the secretary of state may be required in evidence	12267
in any such proceeding.	12268

On the application of any defendant and for good cause shown,	12269
the court may order a separate hearing of the issues as to any	12270
defendant.	12271

The costs of the proceeding shall be apportioned among the	12272
parties as the court deems proper.	12273

The court in such proceeding may make, enter, and enforce	12274
such other judgments and orders and grant such other relief as is	12275
necessary or incidental to the enforcement of the claims and lien	12276
of the state.	12277

In the performance of the duties enjoined ~~upon him~~ by this	12278
section the attorney general may direct any prosecuting attorney	12279
to bring an action, as authorized by this section, in the name of	12280
the state with respect to any delinquent public utilities within	12281
~~his~~the prosecuting attorney's county, and like proceedings and	12282
orders shall be had as if such action were instituted by the	12283
attorney general.	12284

Sec. 5733.23. In addition to all other remedies for the	12285
collection of any taxes or penalties due under law, whenever any	12286
taxes, fees, or penalties due from any corporation have remained	12287
unpaid for a period of ninety days, or whenever any corporation	12288
has failed for a period of ninety days to make any report or	12289
return required by law, or to pay any penalty for failure to make	12290
or file such report or return, the attorney general, upon the	12291
request of the tax commissioner, shall file a petition in the	12292
court of common pleas in the county of the state in which such	12293
corporation has its principal place of business for a judgment for	12294
the amount of the taxes or penalties appearing to be due, the	12295
enforcement of any lien in favor of the state, and an injunction	12296
to restrain such corporation and its officers, directors, and	12297
managing agents from the transaction of any business within this	12298
state, other than such acts as are incidental to liquidation or	12299
winding up, until the payment of such taxes, fees, and penalties,	12300
and the costs of the proceeding which shall be fixed by the court,	12301
or the making and filing of such report or return.	12302

Such petition shall be in the name of the state. All or any	12303
of the corporations having their principal places of business in	12304
the county may be joined in one suit. On the motion of the	12305
attorney general, the court of common pleas shall enter an order	12306
requiring all defendants to answer by a day certain, and may	12307
appoint a special master commissioner to take testimony, with such	12308
other power and authority as the court confers, and permitting	12309
process to be served by registered mail and by publication in a	12310
newspaper of general circulation ~~published~~ in the county, which	12311
publication need not be made more than once, setting forth the	12312
name of each delinquent corporation, the matter in which such	12313
corporation is delinquent, the names of its officers, directors,	12314
and managing agents, if set forth in the petition, and the amount	12315
of any taxes, fees, or penalties claimed to be owing by said	12316
corporation.	12317

All or any of the officers, directors, shareholders, or	12318
managing agents of any corporation may be joined as defendants	12319
with such corporation.	12320

If it appears to the court upon hearing that any corporation	12321
which is a party to such proceeding is indebted to the state for	12322
taxes, fees, or penalties, judgment shall be entered therefor with	12323
interest; and if it appears that any corporation has failed to	12324
make or file any report or return, a mandatory injunction may be	12325
issued against such corporation, its officers, directors, and	12326
managing agents, enjoining them from the transaction of any	12327
business within this state, other than acts incidental to	12328
liquidation or winding up, until the making and filing of all	12329
proper reports or returns and until the payment in full of all	12330
taxes, fees, and penalties.	12331

If the officers, directors, shareholders, or managing agents	12332
of a corporation are not made parties in the first instance, and a	12333
judgment or an injunction is rendered or issued against such	12334
corporation, such officers, directors, shareholders, or managing	12335
agents may be made parties to such proceedings upon the motion of	12336
the attorney general, and, upon notice to them of the form and	12337
terms of such injunction, they shall be bound thereby as fully as	12338
if they had been made parties in the first instance.	12339

In any action authorized by this section, a statement of the	12340
commissioner, or the secretary of state, when duly certified,	12341
shall be prima-facie evidence of the amount of taxes, fees, or	12342
penalties due from any corporation, or of the failure of any	12343
corporation to file with the commissioner or the secretary of	12344
state any report required by law, and any such certificate of the	12345
commissioner or the secretary of state may be required in evidence	12346
in any such proceeding.	12347

On the application of any defendant and for good cause shown,	12348
the court may order a separate hearing of the issues as to any	12349
defendant.	12350

The costs of the proceeding shall be apportioned among the	12351
parties as the court deems proper.	12352

The court in such proceeding may make, enter, and enforce	12353
such other judgments and orders and grant such other relief as is	12354
necessary or incidental to the enforcement of the claims and lien	12355
of the state.	12356

In the performance of the duties enjoined upon ~~him~~the	12357
attorney general by this section the attorney general may direct	12358
any prosecuting attorney to bring an action, as authorized by this	12359
section, in the name of the state with respect to any delinquent	12360
corporations within ~~his~~the prosecuting attorney's county, and	12361
like proceedings and orders shall be had as if such action were	12362
instituted by the attorney general.	12363

Sec. 5739.021. (A) For the purpose of providing additional	12364
general revenues for the county or supporting criminal and	12365
administrative justice services in the county, or both, and to pay	12366
the expenses of administering such levy, any county may levy a tax	12367
at the rate of not more than one per cent at any multiple of	12368
one-fourth of one per cent upon every retail sale made in the	12369
county, except sales of watercraft and outboard motors required to	12370
be titled pursuant to Chapter 1548. of the Revised Code and sales	12371
of motor vehicles, and may increase the rate of an existing tax to	12372
not more than one per cent at any multiple of one-fourth of one	12373
per cent.	12374

The tax shall be levied and the rate increased pursuant to a	12375
resolution of the board of county commissioners. The resolution	12376
shall state the purpose for which the tax is to be levied and the	12377
number of years for which the tax is to be levied, or that it is	12378
for a continuing period of time. If the tax is to be levied for	12379
the purpose of providing additional general revenues and for the	12380
purpose of supporting criminal and administrative justice	12381
services, the resolution shall state the rate or amount of the tax	12382
to be apportioned to each such purpose. The rate or amount may be	12383
different for each year the tax is to be levied, but the rates or	12384
amounts actually apportioned each year shall not be different from	12385
that stated in the resolution for that year. If the resolution is	12386
adopted as an emergency measure necessary for the immediate	12387
preservation of the public peace, health, or safety, it must	12388
receive an affirmative vote of all of the members of the board of	12389
county commissioners and shall state the reasons for such	12390
necessity. The board shall deliver a certified copy of the	12391
resolution to the tax commissioner, not later than the	12392
sixty-fifth day prior to the date on which the tax is to become	12393
effective, which shall be the first day of the calendar quarter.	12394

Prior to the adoption of any resolution under this section,	12395
the board of county commissioners shall conduct two public	12396
hearings on the resolution, the second hearing to be not less than	12397
three nor more than ten days after the first. Notice of the date,	12398
time, and place of the hearings shall be given by publication as	12399
provided in section 7.16 of the Revised Code or in a newspaper of	12400
general circulation in the county, once a week on the same day of	12401
the week for two consecutive weeks, the second publication being	12402
not less than ten nor more than thirty days prior to the first	12403
hearing.	12404

Except as provided in division (B)(3) of this section, the	12405
resolution shall be subject to a referendum as provided in	12406
sections 305.31 to 305.41 of the Revised Code.	12407

If a petition for a referendum is filed, the county auditor	12408
with whom the petition was filed shall, within five days, notify	12409
the board of county commissioners and the tax commissioner of the	12410
filing of the petition by certified mail. If the board of	12411
elections with which the petition was filed declares the petition	12412
invalid, the board of elections, within five days, shall notify	12413
the board of county commissioners and the tax commissioner of that	12414
declaration by certified mail. If the petition is declared to be	12415
invalid, the effective date of the tax or increased rate of tax	12416
levied by this section shall be the first day of a calendar	12417
quarter following the expiration of sixty-five days from the date	12418
the commissioner receives notice from the board of elections that	12419
the petition is invalid.	12420

(B)(1) A resolution that is not adopted as an emergency	12421
measure may direct the board of elections to submit the question	12422
of levying the tax or increasing the rate of tax to the electors	12423
of the county at a special election held on the date specified by	12424
the board of county commissioners in the resolution, provided that	12425
the election occurs not less than seventy-five days after a	12426
certified copy of such resolution is transmitted to the board of	12427
elections and the election is not held in February or August of	12428
any year. Upon transmission of the resolution to the board of	12429
elections, the board of county commissioners shall notify the tax	12430
commissioner in writing of the levy question to be submitted to	12431
the electors. No resolution adopted under this division shall go	12432
into effect unless approved by a majority of those voting upon it,	12433
and, except as provided in division (B)(3) of this section, shall	12434
become effective on the first day of a calendar quarter following	12435
the expiration of sixty-five days from the date the tax	12436
commissioner receives notice from the board of elections of the	12437
affirmative vote.	12438

(2) A resolution that is adopted as an emergency measure	12439
shall go into effect as provided in division (A) of this section,	12440
but may direct the board of elections to submit the question of	12441
repealing the tax or increase in the rate of the tax to the	12442
electors of the county at the next general election in the county	12443
occurring not less than seventy-five days after a certified copy	12444
of the resolution is transmitted to the board of elections. Upon	12445
transmission of the resolution to the board of elections, the	12446
board of county commissioners shall notify the tax commissioner in	12447
writing of the levy question to be submitted to the electors. The	12448
ballot question shall be the same as that prescribed in section	12449
5739.022 of the Revised Code. The board of elections shall notify	12450
the board of county commissioners and the tax commissioner of the	12451
result of the election immediately after the result has been	12452
declared. If a majority of the qualified electors voting on the	12453
question of repealing the tax or increase in the rate of the tax	12454
vote for repeal of the tax or repeal of the increase, the board of	12455
county commissioners, on the first day of a calendar quarter	12456
following the expiration of sixty-five days after the date the	12457
board and tax commissioner receive notice of the result of the	12458
election, shall, in the case of a repeal of the tax, cease to levy	12459
the tax, or, in the case of a repeal of an increase in the rate of	12460
the tax, cease to levy the increased rate and levy the tax at the	12461
rate at which it was imposed immediately prior to the increase in	12462
rate.	12463

(3) If a vendor that is registered with the central	12464
electronic registration system provided for in section 5740.05 of	12465
the Revised Code makes a sale in this state by printed catalog and	12466
the consumer computed the tax on the sale based on local rates	12467
published in the catalog, any tax levied or repealed or rate	12468
changed under this section shall not apply to such a sale until	12469
the first day of a calendar quarter following the expiration of	12470
one hundred twenty days from the date of notice by the tax	12471
commissioner pursuant to division (H) of this section.	12472

(C) If a resolution is rejected at a referendum or if a	12473
resolution adopted after January 1, 1982, as an emergency measure	12474
is repealed by the electors pursuant to division (B)(2) of this	12475
section or section 5739.022 of the Revised Code, then for one year	12476
after the date of the election at which the resolution was	12477
rejected or repealed the board of county commissioners may not	12478
adopt any resolution authorized by this section as an emergency	12479
measure.	12480

(D) The board of county commissioners, at any time while a	12481
tax levied under this section is in effect, may by resolution	12482
reduce the rate at which the tax is levied to a lower rate	12483
authorized by this section. Any reduction in the rate at which the	12484
tax is levied shall be made effective on the first day of a	12485
calendar quarter next following the sixty-fifth day after a	12486
certified copy of the resolution is delivered to the tax	12487
commissioner.	12488

(E) The tax on every retail sale subject to a tax levied	12489
pursuant to this section shall be in addition to the tax levied by	12490
section 5739.02 of the Revised Code and any tax levied pursuant to	12491
section 5739.023 or 5739.026 of the Revised Code.	12492

A county that levies a tax pursuant to this section shall	12493
levy a tax at the same rate pursuant to section 5741.021 of the	12494
Revised Code.	12495

The additional tax levied by the county shall be collected	12496
pursuant to section 5739.025 of the Revised Code. If the	12497
additional tax or some portion thereof is levied for the purpose	12498
of criminal and administrative justice services, the revenue from	12499
the tax, or the amount or rate apportioned to that purpose, shall	12500
be credited to a special fund created in the county treasury for	12501
receipt of that revenue.	12502

Any tax levied pursuant to this section is subject to the	12503
exemptions provided in section 5739.02 of the Revised Code and in	12504
addition shall not be applicable to sales not within the taxing	12505
power of a county under the Constitution of the United States or	12506
the Ohio Constitution.	12507

(F) For purposes of this section, a copy of a resolution is	12508
"certified" when it contains a written statement attesting that	12509
the copy is a true and exact reproduction of the original	12510
resolution.	12511

(G) If a board of commissioners intends to adopt a resolution	12512
to levy a tax in whole or in part for the purpose of criminal and	12513
administrative justice services, the board shall prepare and make	12514
available at the first public hearing at which the resolution is	12515
considered a statement containing the following information:	12516

(1) For each of the two preceding fiscal years, the amount of	12517
expenditures made by the county from the county general fund for	12518
the purpose of criminal and administrative justice services;	12519

(2) For the fiscal year in which the resolution is adopted,	12520
the board's estimate of the amount of expenditures to be made by	12521
the county from the county general fund for the purpose of	12522
criminal and administrative justice services;	12523

(3) For each of the two fiscal years after the fiscal year in	12524
which the resolution is adopted, the board's preliminary plan for	12525
expenditures to be made from the county general fund for the	12526
purpose of criminal and administrative justice services, both	12527
under the assumption that the tax will be imposed for that purpose	12528
and under the assumption that the tax would not be imposed for	12529
that purpose, and for expenditures to be made from the special	12530
fund created under division (E) of this section under the	12531
assumption that the tax will be imposed for that purpose.	12532

The board shall prepare the statement and the preliminary	12533
plan using the best information available to the board at the time	12534
the statement is prepared. Neither the statement nor the	12535
preliminary plan shall be used as a basis to challenge the	12536
validity of the tax in any court of competent jurisdiction, nor	12537
shall the statement or preliminary plan limit the authority of the	12538
board to appropriate, pursuant to section 5705.38 of the Revised	12539
Code, an amount different from that specified in the preliminary	12540
plan.	12541

(H) Upon receipt from a board of county commissioners of a	12542
certified copy of a resolution required by division (A) or (D) of	12543
this section, or from the board of elections of a notice of the	12544
results of an election required by division (A) or (B)(1) or (2)	12545
of this section, the tax commissioner shall provide notice of a	12546
tax rate change in a manner that is reasonably accessible to all	12547
affected vendors. The commissioner shall provide this notice at	12548
least sixty days prior to the effective date of the rate change.	12549
The commissioner, by rule, may establish the method by which	12550
notice will be provided.	12551

(I) As used in this section, "criminal and administrative	12552
justice services" means the exercise by the county sheriff of all	12553
powers and duties vested in that office by law; the exercise by	12554
the county prosecuting attorney of all powers and duties vested in	12555
that office by law; the exercise by any court in the county of all	12556
powers and duties vested in that court; the exercise by the clerk	12557
of the court of common pleas, any clerk of a municipal court	12558
having jurisdiction throughout the county, or the clerk of any	12559
county court of all powers and duties vested in the clerk by law	12560
except, in the case of the clerk of the court of common pleas, the	12561
titling of motor vehicles or watercraft pursuant to Chapter 1548.	12562
or 4505. of the Revised Code; the exercise by the county coroner	12563
of all powers and duties vested in that office by law; making	12564
payments to any other public agency or a private, nonprofit	12565
agency, the purposes of which in the county include the diversion,	12566
adjudication, detention, or rehabilitation of criminals or	12567
juvenile offenders; the operation and maintenance of any detention	12568
facility, as defined in section 2921.01 of the Revised Code; and	12569
the construction, acquisition, equipping, or repair of such a	12570
detention facility, including the payment of any debt charges	12571
incurred in the issuance of securities pursuant to Chapter 133. of	12572
the Revised Code for the purpose of constructing, acquiring,	12573
equipping, or repairing such a facility.	12574

Sec. 5739.022. (A) The question of repeal of either a county	12575
permissive tax or an increase in the rate of a county permissive	12576
tax that was adopted as an emergency measure pursuant to section	12577
5739.021 or 5739.026 of the Revised Code may be initiated by	12578
filing with the board of elections of the county not less than	12579
seventy-five days before the general election in any year a	12580
petition requesting that an election be held on the question. The	12581
question of repealing an increase in the rate of the county	12582
permissive tax shall be submitted to the electors as a separate	12583
question from the repeal of the tax in effect prior to the	12584
increase in the rate. Any petition filed under this section shall	12585
be signed by qualified electors residing in the county equal in	12586
number to ten per cent of those voting for governor at the most	12587
recent gubernatorial election.	12588

After determination by it that the petition is valid, the	12589
board of elections shall submit the question to the electors of	12590
the county at the next general election. The election shall be	12591
conducted, canvassed, and certified in the same manner as regular	12592
elections for county offices in the county. The board of elections	12593
shall notify the tax commissioner, in writing, of the election	12594
upon determining that the petition is valid. Notice of the	12595
election shall also be published in a newspaper of general	12596
circulation in the district once a week for two consecutive weeks	12597
or as provided in section 7.16 of the Revised Code, prior to the	12598
election~~, and, if~~. If the board of elections operates and	12599
maintains a web site, the board of elections shall post notice of	12600
the election on its web site for thirty days prior to the	12601
election. The notice shall state the purpose, time, and place of	12602
the election. The form of the ballot cast at the election shall be	12603
prescribed by the secretary of state; however, the ballot question	12604
shall read, "shall the tax (or, increase in the rate of the tax)	12605
be retained?	12606

12607

		Yes			12608
		No	"		12609

12610

The question covered by the petition shall be submitted as a	12611
separate proposition, but it may be printed on the same ballot	12612
with any other proposition submitted at the same election other	12613
than the election of officers.	12614

(B) If a majority of the qualified electors voting on the	12615
question of repeal of either a county permissive tax or an	12616
increase in the rate of a county permissive tax approve the	12617
repeal, the board of elections shall notify the board of county	12618
commissioners and the tax commissioner of the result of the	12619
election immediately after the result has been declared. The board	12620
of county commissioners shall, on the first day of the calendar	12621
quarter following the expiration of sixty-five days after the date	12622
the board and the tax commissioner receive the notice, in the case	12623
of a repeal of a county permissive tax, cease to levy the tax, or,	12624
in the case of a repeal of an increase in the rate of a county	12625
permissive tax, levy the tax at the rate at which it was imposed	12626
immediately prior to the increase in rate and cease to levy the	12627
increased rate.	12628

(C) Upon receipt from a board of elections of a notice of the	12629
results of an election required by division (B) of this section,	12630
the tax commissioner shall provide notice of a tax repeal or rate	12631
change in a manner that is reasonably accessible to all affected	12632
vendors. The commissioner shall provide this notice at least sixty	12633
days prior to the effective date of the rate change. The	12634
commissioner, by rule, may establish the method by which notice	12635
will be provided.	12636

(D) If a vendor that is registered with the central	12637
electronic registration system provided for in section 5740.05 of	12638
the Revised Code makes a sale in this state by printed catalog and	12639
the consumer computed the tax on the sale based on local rates	12640
published in the catalog, any tax repealed or rate changed under	12641
this section shall not apply to such a sale until the first day of	12642
a calendar quarter following the expiration of one hundred twenty	12643
days from the date of notice by the tax commissioner pursuant to	12644
division (C) of this section.	12645

Sec. 5739.026. (A) A board of county commissioners may levy	12646
a tax of one-fourth or one-half of one per cent on every retail	12647
sale in the county, except sales of watercraft and outboard motors	12648
required to be titled pursuant to Chapter 1548. of the Revised	12649
Code and sales of motor vehicles, and may increase an existing	12650
rate of one-fourth of one per cent to one-half of one per cent, to	12651
pay the expenses of administering the tax and, except as provided	12652
in division (A)(6) of this section, for any one or more of the	12653
following purposes provided that the aggregate levy for all such	12654
purposes does not exceed one-half of one per cent:	12655

(1) To provide additional revenues for the payment of bonds	12656
or notes issued in anticipation of bonds issued by a convention	12657
facilities authority established by the board of county	12658
commissioners under Chapter 351. of the Revised Code and to	12659
provide additional operating revenues for the convention	12660
facilities authority;	12661

(2) To provide additional revenues for a transit authority	12662
operating in the county;	12663

(3) To provide additional revenue for the county's general	12664
fund;	12665

(4) To provide additional revenue for permanent improvements	12666
within the county to be distributed by the community improvements	12667
board in accordance with section 307.283 and to pay principal,	12668
interest, and premium on bonds issued under section 307.284 of the	12669
Revised Code;	12670

(5) To provide additional revenue for the acquisition,	12671
construction, equipping, or repair of any specific permanent	12672
improvement or any class or group of permanent improvements, which	12673
improvement or class or group of improvements shall be enumerated	12674
in the resolution required by division (D) of this section, and to	12675
pay principal, interest, premium, and other costs associated with	12676
the issuance of bonds or notes in anticipation of bonds issued	12677
pursuant to Chapter 133. of the Revised Code for the acquisition,	12678
construction, equipping, or repair of the specific permanent	12679
improvement or class or group of permanent improvements;	12680

(6) To provide revenue for the implementation and operation	12681
of a 9-1-1 system in the county. If the tax is levied or the rate	12682
increased exclusively for such purpose, the tax shall not be	12683
levied or the rate increased for more than five years. At the end	12684
of the last year the tax is levied or the rate increased, any	12685
balance remaining in the special fund established for such purpose	12686
shall remain in that fund and be used exclusively for such purpose	12687
until the fund is completely expended, and, notwithstanding	12688
section 5705.16 of the Revised Code, the board of county	12689
commissioners shall not petition for the transfer of money from	12690
such special fund, and the tax commissioner shall not approve such	12691
a petition.	12692

If the tax is levied or the rate increased for such purpose	12693
for more than five years, the board of county commissioners also	12694
shall levy the tax or increase the rate of the tax for one or more	12695
of the purposes described in divisions (A)(1) to (5) of this	12696
section and shall prescribe the method for allocating the revenues	12697
from the tax each year in the manner required by division (C) of	12698
this section.	12699

(7) To provide additional revenue for the operation or	12700
maintenance of a detention facility, as that term is defined under	12701
division (F) of section 2921.01 of the Revised Code;	12702

(8) To provide revenue to finance the construction or	12703
renovation of a sports facility, but only if the tax is levied for	12704
that purpose in the manner prescribed by section 5739.028 of the	12705
Revised Code.	12706

As used in division (A)(8) of this section:

12707

(a) "Sports facility" means a facility intended to house	12708
major league professional athletic teams.	12709

(b) "Constructing" or "construction" includes providing	12710
fixtures, furnishings, and equipment.	12711

(9) To provide additional revenue for the acquisition of	12712
agricultural easements, as defined in section 5301.67 of the	12713
Revised Code; to pay principal, interest, and premium on bonds	12714
issued under section 133.60 of the Revised Code; and for the	12715
supervision and enforcement of agricultural easements held by the	12716
county;	12717

(10) To provide revenue for the provision of ambulance,	12718
paramedic, or other emergency medical services.	12719

Pursuant to section 755.171 of the Revised Code, a board of	12720
county commissioners may pledge and contribute revenue from a tax	12721
levied for the purpose of division (A)(5) of this section to the	12722
payment of debt charges on bonds issued under section 755.17 of	12723
the Revised Code.	12724

The rate of tax shall be a multiple of one-fourth of one per	12725
cent, unless a portion of the rate of an existing tax levied under	12726
section 5739.023 of the Revised Code has been reduced, and the	12727
rate of tax levied under this section has been increased, pursuant	12728
to section 5739.028 of the Revised Code, in which case the	12729
aggregate of the rates of tax levied under this section and	12730
section 5739.023 of the Revised Code shall be a multiple of	12731
one-fourth of one per cent. The tax shall be levied and the rate	12732
increased pursuant to a resolution adopted by a majority of the	12733
members of the board. The board shall deliver a certified copy of	12734
the resolution to the tax commissioner, not later than the	12735
sixty-fifth day prior to the date on which the tax is to become	12736
effective, which shall be the first day of a calendar quarter.	12737

Prior to the adoption of any resolution to levy the tax or to	12738
increase the rate of tax exclusively for the purpose set forth in	12739
division (A)(3) of this section, the board of county commissioners	12740
shall conduct two public hearings on the resolution, the second	12741
hearing to be no fewer than three nor more than ten days after the	12742
first. Notice of the date, time, and place of the hearings shall	12743
be given by publication in a newspaper of general circulation in	12744
the county or as provided in section 7.16 of the Revised Code,	12745
once a week on the same day of the week for two consecutive weeks,	12746
the second publication being no fewer than ten nor more than	12747
thirty days prior to the first hearing. Except as provided in	12748
division (E) of this section, the resolution shall be subject to a	12749
referendum as provided in sections 305.31 to 305.41 of the Revised	12750
Code. If the resolution is adopted as an emergency measure	12751
necessary for the immediate preservation of the public peace,	12752
health, or safety, it must receive an affirmative vote of all of	12753
the members of the board of county commissioners and shall state	12754
the reasons for the necessity.	12755

If the tax is for more than one of the purposes set forth in	12756
divisions (A)(1) to (7), (9), and (10) of this section, or is	12757
exclusively for one of the purposes set forth in division (A)(1),	12758
(2), (4), (5), (6), (7), (9), or (10) of this section, the	12759
resolution shall not go into effect unless it is approved by a	12760
majority of the electors voting on the question of the tax.	12761

(B) The board of county commissioners shall adopt a	12762
resolution under section 351.02 of the Revised Code creating the	12763
convention facilities authority, or under section 307.283 of the	12764
Revised Code creating the community improvements board, before	12765
adopting a resolution levying a tax for the purpose of a	12766
convention facilities authority under division (A)(1) of this	12767
section or for the purpose of a community improvements board under	12768
division (A)(4) of this section.	12769

(C)(1) If the tax is to be used for more than one of the	12770
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	12771
this section, the board of county commissioners shall establish	12772
the method that will be used to determine the amount or proportion	12773
of the tax revenue received by the county during each year that	12774
will be distributed for each of those purposes, including, if	12775
applicable, provisions governing the reallocation of a convention	12776
facilities authority's allocation if the authority is dissolved	12777
while the tax is in effect. The allocation method may provide that	12778
different proportions or amounts of the tax shall be distributed	12779
among the purposes in different years, but it shall clearly	12780
describe the method that will be used for each year. Except as	12781
otherwise provided in division (C)(2) of this section, the	12782
allocation method established by the board is not subject to	12783
amendment during the life of the tax.	12784

(2) Subsequent to holding a public hearing on the proposed	12785
amendment, the board of county commissioners may amend the	12786
allocation method established under division (C)(1) of this	12787
section for any year, if the amendment is approved by the	12788
governing board of each entity whose allocation for the year would	12789
be reduced by the proposed amendment. In the case of a tax that is	12790
levied for a continuing period of time, the board may not so amend	12791
the allocation method for any year before the sixth year that the	12792
tax is in effect.	12793

(a) If the additional revenues provided to the convention	12794
facilities authority are pledged by the authority for the payment	12795
of convention facilities authority revenue bonds for as long as	12796
such bonds are outstanding, no reduction of the authority's	12797
allocation of the tax shall be made for any year except to the	12798
extent that the reduced authority allocation, when combined with	12799
the authority's other revenues pledged for that purpose, is	12800
sufficient to meet the debt service requirements for that year on	12801
such bonds.	12802

(b) If the additional revenues provided to the county are	12803
pledged by the county for the payment of bonds or notes described	12804
in division (A)(4) or (5) of this section, for as long as such	12805
bonds or notes are outstanding, no reduction of the county's or	12806
the community improvements board's allocation of the tax shall be	12807
made for any year, except to the extent that the reduced county or	12808
community improvements board allocation is sufficient to meet the	12809
debt service requirements for that year on such bonds or notes.	12810

(c) If the additional revenues provided to the transit	12811
authority are pledged by the authority for the payment of revenue	12812
bonds issued under section 306.37 of the Revised Code, for as long	12813
as such bonds are outstanding, no reduction of the authority's	12814
allocation of tax shall be made for any year, except to the extent	12815
that the authority's reduced allocation, when combined with the	12816
authority's other revenues pledged for that purpose, is sufficient	12817
to meet the debt service requirements for that year on such bonds.	12818

(d) If the additional revenues provided to the county are	12819
pledged by the county for the payment of bonds or notes issued	12820
under section 133.60 of the Revised Code, for so long as the bonds	12821
or notes are outstanding, no reduction of the county's allocation	12822
of the tax shall be made for any year, except to the extent that	12823
the reduced county allocation is sufficient to meet the debt	12824
service requirements for that year on the bonds or notes.	12825

(D)(1) The resolution levying the tax or increasing the rate	12826
of tax shall state the rate of the tax or the rate of the	12827
increase; the purpose or purposes for which it is to be levied;	12828
the number of years for which it is to be levied or that it is for	12829
a continuing period of time; the allocation method required by	12830
division (C) of this section; and if required to be submitted to	12831
the electors of the county under division (A) of this section, the	12832
date of the election at which the proposal shall be submitted to	12833
the electors of the county, which shall be not less than	12834
seventy-five days after the certification of a copy of the	12835
resolution to the board of elections and, if the tax is to be	12836
levied exclusively for the purpose set forth in division (A)(3) of	12837
this section, shall not occur in February or August of any year.	12838
Upon certification of the resolution to the board of elections,	12839
the board of county commissioners shall notify the tax	12840
commissioner in writing of the levy question to be submitted to	12841
the electors. If approved by a majority of the electors, the tax	12842
shall become effective on the first day of a calendar quarter next	12843
following the sixty-fifth day following the date the board of	12844
county commissioners and tax commissioner receive from the board	12845
of elections the certification of the results of the election,	12846
except as provided in division (E) of this section.	12847

(2)(a) A resolution specifying that the tax is to be used	12848
exclusively for the purpose set forth in division (A)(3) of this	12849
section that is not adopted as an emergency measure may direct the	12850
board of elections to submit the question of levying the tax or	12851
increasing the rate of the tax to the electors of the county at a	12852
special election held on the date specified by the board of county	12853
commissioners in the resolution, provided that the election occurs	12854
not less than seventy-five days after the resolution is certified	12855
to the board of elections and the election is not held in February	12856
or August of any year. Upon certification of the resolution to the	12857
board of elections, the board of county commissioners shall notify	12858
the tax commissioner in writing of the levy question to be	12859
submitted to the electors. No resolution adopted under division	12860
(D)(2)(a) of this section shall go into effect unless approved by	12861
a majority of those voting upon it and, except as provided in	12862
division (E) of this section, not until the first day of a	12863
calendar quarter following the expiration of sixty-five days from	12864
the date the tax commissioner receives notice from the board of	12865
elections of the affirmative vote.	12866

(b) A resolution specifying that the tax is to be used	12867
exclusively for the purpose set forth in division (A)(3) of this	12868
section that is adopted as an emergency measure shall become	12869
effective as provided in division (A) of this section, but may	12870
direct the board of elections to submit the question of repealing	12871
the tax or increase in the rate of the tax to the electors of the	12872
county at the next general election in the county occurring not	12873
less than seventy-five days after the resolution is certified to	12874
the board of elections. Upon certification of the resolution to	12875
the board of elections, the board of county commissioners shall	12876
notify the tax commissioner in writing of the levy question to be	12877
submitted to the electors. The ballot question shall be the same	12878
as that prescribed in section 5739.022 of the Revised Code. The	12879
board of elections shall notify the board of county commissioners	12880
and the tax commissioner of the result of the election immediately	12881
after the result has been declared. If a majority of the qualified	12882
electors voting on the question of repealing the tax or increase	12883
in the rate of the tax vote for repeal of the tax or repeal of the	12884
increase, the board of county commissioners, on the first day of a	12885
calendar quarter following the expiration of sixty-five days after	12886
the date the board and tax commissioner received notice of the	12887
result of the election, shall, in the case of a repeal of the tax,	12888
cease to levy the tax, or, in the case of a repeal of an increase	12889
in the rate of the tax, cease to levy the increased rate and levy	12890
the tax at the rate at which it was imposed immediately prior to	12891
the increase in rate.	12892

(c) A board of county commissioners, by resolution, may	12893
reduce the rate of a tax levied exclusively for the purpose set	12894
forth in division (A)(3) of this section to a lower rate	12895
authorized by this section. Any such reduction shall be made	12896
effective on the first day of the calendar quarter next following	12897
the sixty-fifth day after the tax commissioner receives a	12898
certified copy of the resolution from the board.	12899

(E) If a vendor that is registered with the central	12900
electronic registration system provided for in section 5740.05 of	12901
the Revised Code makes a sale in this state by printed catalog and	12902
the consumer computed the tax on the sale based on local rates	12903
published in the catalog, any tax levied or repealed or rate	12904
changed under this section shall not apply to such a sale until	12905
the first day of a calendar quarter following the expiration of	12906
one hundred twenty days from the date of notice by the tax	12907
commissioner pursuant to division (G) of this section.	12908

(F) The tax levied pursuant to this section shall be in	12909
addition to the tax levied by section 5739.02 of the Revised Code	12910
and any tax levied pursuant to section 5739.021 or 5739.023 of the	12911
Revised Code.	12912

A county that levies a tax pursuant to this section shall	12913
levy a tax at the same rate pursuant to section 5741.023 of the	12914
Revised Code.	12915

The additional tax levied by the county shall be collected	12916
pursuant to section 5739.025 of the Revised Code.	12917

Any tax levied pursuant to this section is subject to the	12918
exemptions provided in section 5739.02 of the Revised Code and in	12919
addition shall not be applicable to sales not within the taxing	12920
power of a county under the Constitution of the United States or	12921
the Ohio Constitution.	12922

(G) Upon receipt from a board of county commissioners of a	12923
certified copy of a resolution required by division (A) of this	12924
section, or from the board of elections a notice of the results of	12925
an election required by division (D)(1), (2)(a), (b), or (c) of	12926
this section, the tax commissioner shall provide notice of a tax	12927
rate change in a manner that is reasonably accessible to all	12928
affected vendors. The commissioner shall provide this notice at	12929
least sixty days prior to the effective date of the rate change.	12930
The commissioner, by rule, may establish the method by which	12931
notice will be provided.	12932

Sec. 5739.101. (A) The legislative authority of a municipal	12933
corporation, by ordinance, or of a township, by resolution, may	12934
declare the municipal corporation or township to be a resort area	12935
for the purposes of this section, if all of the following criteria	12936
are met:	12937

(1) According to statistics published by the federal	12938
government based on data compiled during the most recent decennial	12939
census of the United States, at least sixty-two per cent of total	12940
housing units in the municipal corporation or township are	12941
classified as "for seasonal, recreational, or occasional use";	12942

(2) Entertainment and recreation facilities are provided	12943
within the municipal corporation or township that are primarily	12944
intended to provide seasonal leisure time activities for persons	12945
other than permanent residents of the municipal corporation or	12946
township;	12947

(3) The municipal corporation or township experiences	12948
seasonal peaks of employment and demand for government services as	12949
a direct result of the seasonal population increase.	12950

(B) For the purpose of providing revenue for its general	12951
fund, the legislative authority of a municipal corporation or	12952
township, in its ordinance or resolution declaring itself a resort	12953
area under this section, may levy a tax on the privilege of	12954
engaging in the business of either of the following:	12955

(1) Making sales in the municipal corporation or township,	12956
whether wholesale or retail, but including sales of food only to	12957
the extent such sales are subject to the tax levied under section	12958
5739.02 of the Revised Code;	12959

(2) Intrastate transportation of passengers or property	12960
primarily to or from the municipal corporation or township by a	12961
railroad, watercraft, or motor vehicle subject to regulation by	12962
the public utilities commission, except not including	12963
transportation of passengers as part of a tour or cruise in which	12964
the passengers will stay in the municipal corporation or township	12965
for no more than one hour.	12966

The tax is imposed upon and shall be paid by the person	12967
making the sales or transporting the passengers or property. The	12968
rate of the tax shall be one-half, one, or one and one-half per	12969
cent of the person's gross receipts derived from making the sales	12970
or transporting the passengers or property to or from the	12971
municipal corporation or township.	12972

(C) The tax shall take effect on the first day of the month	12973
that begins at least sixty days after the effective date of the	12974
ordinance or resolution in which it is levied. The legislative	12975
authority shall certify copies of the ordinance or resolution to	12976
the tax commissioner and treasurer of state within five days after	12977
its adoption. In addition, one time each week during the two weeks	12978
following the adoption of the ordinance or resolution, the	12979
legislative authority shall cause to be published in a newspaper	12980
of general circulation in the municipal corporation or township or	12981
as provided in section 7.16 of the Revised Code, a notice	12982
explaining the tax and stating the rate of the tax, the date it	12983
will take effect, and that persons subject to the tax must	12984
register with the tax commissioner under section 5739.103 of the	12985
Revised Code.	12986

(D) No more than once a year, and subject to the rates	12987
prescribed in division (B) of this section, the legislative	12988
authority of the municipal corporation or township, by ordinance	12989
or resolution, may increase or decrease the rate of a tax levied	12990
under this section. The legislative authority, by ordinance or	12991
resolution, at any time may repeal such a tax. The legislative	12992
authority shall certify to the tax commissioner and treasurer of	12993
state copies of the ordinance or resolution repealing or changing	12994
the rate of the tax within five days after its adoption. In	12995
addition, one time each week during the two weeks following the	12996
adoption of the ordinance or resolution, the legislative authority	12997
shall cause to be published in a newspaper of general circulation	12998
in the municipal corporation or township or as provided in section	12999
7.16 of the Revised Code, notice of the repeal or change.	13000

Sec. 5747.451. (A) The mere retirement from business or	13001
voluntary dissolution of a domestic or foreign qualifying entity	13002
does not exempt it from the requirements to make reports as	13003
required under sections 5747.42 to 5747.44 or to pay the taxes	13004
imposed under section 5733.41 or 5747.41 of the Revised Code. If	13005
any qualifying entity subject to the taxes imposed under section	13006
5733.41 or 5747.41 of the Revised Code sells its business or stock	13007
of merchandise or quits its business, the taxes required to be	13008
paid prior to that time, together with any interest or penalty	13009
thereon, become due and payable immediately, and the qualifying	13010
entity shall make a final return within fifteen days after the	13011
date of selling or quitting business. The successor of the	13012
qualifying entity shall withhold a sufficient amount of the	13013
purchase money to cover the amount of such taxes, interest, and	13014
penalties due and unpaid until the qualifying entity produces a	13015
receipt from the tax commissioner showing that the taxes,	13016
interest, and penalties have been paid, or a certificate	13017
indicating that no taxes are due. If the purchaser of the business	13018
or stock of goods fails to withhold purchase money, the purchaser	13019
is personally liable for the payment of the taxes, interest, and	13020
penalties accrued and unpaid during the operation of the business	13021
by the qualifying entity. If the amount of those taxes, interest,	13022
and penalty unpaid at the time of the purchase exceeds the total	13023
purchase money, the tax commissioner may adjust the qualifying	13024
entity's liability for those taxes, interest, and penalty, or	13025
adjust the responsibility of the purchaser to pay that liability,	13026
in a manner calculated to maximize the collection of those	13027
liabilities.	13028

(B) Annually, on the last day of each qualifying taxable year	13029
of a qualifying entity, the taxes imposed under section 5733.41 or	13030
5747.41 of the Revised Code, together with any penalties	13031
subsequently accruing thereon, become a lien on all property in	13032
this state of the qualifying entity, whether such property is	13033
employed by the qualifying entity in the prosecution of its	13034
business or is in the hands of an assignee, trustee, or receiver	13035
for the benefit of the qualifying entity's creditors and	13036
investors. The lien shall continue until those taxes, together	13037
with any penalties subsequently accruing, are paid.	13038

Upon failure of such a qualifying entity to pay those taxes	13039
on the day fixed for payment, the treasurer of state shall	13040
thereupon notify the tax commissioner, and the commissioner may	13041
file in the office of the county recorder in each county in this	13042
state in which the qualifying entity owns or has a beneficial	13043
interest in real estate, notice of the lien containing a brief	13044
description of such real estate. No fee shall be charged for such	13045
a filing. The lien is not valid as against any mortgagee,	13046
purchaser, or judgment creditor whose rights have attached prior	13047
to the time the notice is so filed in the county in which the real	13048
estate which is the subject of such mortgage, purchase, or	13049
judgment lien is located. The notice shall be recorded in a book	13050
kept by the recorder, called the qualifying entity tax lien	13051
record, and indexed under the name of the qualifying entity	13052
charged with the tax. When the tax, together with any penalties	13053
subsequently accruing thereon, have been paid, the tax	13054
commissioner shall furnish to the qualifying entity an	13055
acknowledgment of such payment that the qualifying entity may	13056
record with the recorder of each county in which notice of such	13057
lien has been filed, for which recording the recorder shall charge	13058
and receive a fee of two dollars.	13059

(C) In addition to all other remedies for the collection of	13060
any taxes or penalties due under law, whenever any taxes,	13061
interest, or penalties due from any qualifying entity under	13062
section 5733.41 of the Revised Code or this chapter have remained	13063
unpaid for a period of ninety days, or whenever any qualifying	13064
entity has failed for a period of ninety days to make any report	13065
or return required by law, or to pay any penalty for failure to	13066
make or file such report or return, the attorney general, upon the	13067
request of the tax commissioner, shall file a petition in the	13068
court of common pleas in the county of the state in which such	13069
qualifying entity has its principal place of business for a	13070
judgment for the amount of the taxes, interest, or penalties	13071
appearing to be due, the enforcement of any lien in favor of the	13072
state, and an injunction to restrain such qualifying entity and	13073
its officers, directors, and managing agents from the transaction	13074
of any business within this state, other than such acts as are	13075
incidental to liquidation or winding up, until the payment of such	13076
taxes, interest, and penalties, and the costs of the proceeding	13077
fixed by the court, or the making and filing of such report or	13078
return.	13079

The petition shall be in the name of the state. Any of the	13080
qualifying entities having its principal places of business in the	13081
county may be joined in one suit. On the motion of the attorney	13082
general, the court of common pleas shall enter an order requiring	13083
all defendants to answer by a day certain, and may appoint a	13084
special master commissioner to take testimony, with such other	13085
power and authority as the court confers, and permitting process	13086
to be served by registered mail and by publication in a newspaper	13087
of general circulation ~~published~~ in the county, which publication	13088
need not be made more than once, setting forth the name of each	13089
delinquent qualifying entity, the matter in which the qualifying	13090
entity is delinquent, the names of its officers, directors, and	13091
managing agents, if set forth in the petition, and the amount of	13092
any taxes, fees, or penalties claimed to be owing by the	13093
qualifying entity.	13094

All or any of the trustees or other fiduciaries, officers,	13095
directors, investors, beneficiaries, or managing agents of any	13096
qualifying entity may be joined as defendants with the qualifying	13097
entity.	13098

If it appears to the court upon hearing that any qualifying	13099
entity that is a party to the proceeding is indebted to the state	13100
for taxes imposed under section 5733.41 or 5747.41 of the Revised	13101
Code, or interest or penalties thereon, judgment shall be entered	13102
therefor with interest; and if it appears that any qualifying	13103
entity has failed to make or file any report or return, a	13104
mandatory injunction may be issued against the qualifying entity,	13105
its trustees or other fiduciaries, officers, directors, and	13106
managing agents, enjoining them from the transaction of any	13107
business within this state, other than acts incidental to	13108
liquidation or winding up, until the making and filing of all	13109
proper reports or returns and until the payment in full of all	13110
taxes, interest, and penalties.	13111

If the trustees or other fiduciaries, officers, directors,	13112
investors, beneficiaries, or managing agents of a qualifying	13113
entity are not made parties in the first instance, and a judgment	13114
or an injunction is rendered or issued against the qualifying	13115
entity, those officers, directors, investors, or managing agents	13116
may be made parties to such proceedings upon the motion of the	13117
attorney general, and, upon notice to them of the form and terms	13118
of such injunction, they shall be bound thereby as fully as if	13119
they had been made parties in the first instance.	13120

In any action authorized by this division, a statement of the	13121
tax commissioner, or the secretary of state, when duly certified,	13122
shall be prima-facie evidence of the amount of taxes, interest, or	13123
penalties due from any qualifying entity, or of the failure of any	13124
qualifying entity to file with the commissioner or the secretary	13125
of state any report required by law, and any such certificate of	13126
the commissioner or the secretary of state may be required in	13127
evidence in any such proceeding.	13128

On the application of any defendant and for good cause shown,	13129
the court may order a separate hearing of the issues as to any	13130
defendant.	13131

The costs of the proceeding shall be apportioned among the	13132
parties as the court deems proper.	13133

The court in such proceeding may make, enter, and enforce	13134
such other judgments and orders and grant such other relief as is	13135
necessary or incidental to the enforcement of the claims and lien	13136
of the state.	13137

In the performance of the duties enjoined upon the attorney	13138
general by this division, the attorney general may direct any	13139
prosecuting attorney to bring an action, as authorized by this	13140
division, in the name of the state with respect to any delinquent	13141
qualifying entities within the prosecuting attorney's county, and	13142
like proceedings and orders shall be had as if such action were	13143
instituted by the attorney general.	13144

(D) If any qualifying entity fails to make and file the	13145
reports or returns required under this chapter, or to pay the	13146
penalties provided by law for failure to make and file such	13147
reports or returns for a period of ninety days after the time	13148
prescribed by this chapter, the attorney general, on the request	13149
of the tax commissioner, shall commence an action in quo warranto	13150
in the court of appeals of the county in which that qualifying	13151
entity has its principal place of business to forfeit and annul	13152
its privileges and franchises. If the court is satisfied that any	13153
such qualifying entity is in default, it shall render judgment	13154
ousting such qualifying entity from the exercise of its privileges	13155
and franchises within this state, and shall otherwise proceed as	13156
provided in sections 2733.02 to 2733.39 of the Revised Code.	13157

Sec. 5748.02. (A) The board of education of any school	13158
district, except a joint vocational school district, may declare,	13159
by resolution, the necessity of raising annually a specified	13160
amount of money for school district purposes. The resolution shall	13161
specify whether the income that is to be subject to the tax is	13162
taxable income of individuals and estates as defined in divisions	13163
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	13164
taxable income of individuals as defined in division (E)(1)(b) of	13165
that section. A copy of the resolution shall be certified to the	13166
tax commissioner no later than eighty-five days prior to the date	13167
of the election at which the board intends to propose a levy under	13168
this section. Upon receipt of the copy of the resolution, the tax	13169
commissioner shall estimate both of the following:	13170

(1) The property tax rate that would have to be imposed in	13171
the current year by the district to produce an equivalent amount	13172
of money;	13173

(2) The income tax rate that would have had to have been in	13174
effect for the current year to produce an equivalent amount of	13175
money from a school district income tax.	13176

Within ten days of receiving the copy of the board's	13177
resolution, the commissioner shall prepare these estimates and	13178
certify them to the board. Upon receipt of the certification, the	13179
board may adopt a resolution proposing an income tax under	13180
division (B) of this section at the estimated rate contained in	13181
the certification rounded to the nearest one-fourth of one per	13182
cent. The commissioner's certification applies only to the board's	13183
proposal to levy an income tax at the election for which the board	13184
requested the certification. If the board intends to submit a	13185
proposal to levy an income tax at any other election, it shall	13186
request another certification for that election in the manner	13187
prescribed in this division.	13188

(B)(1) Upon the receipt of a certification from the tax	13189
commissioner under division (A) of this section, a majority of the	13190
members of a board of education may adopt a resolution proposing	13191
the levy of an annual tax for school district purposes on school	13192
district income. The proposed levy may be for a continuing period	13193
of time or for a specified number of years. The resolution shall	13194
set forth the purpose for which the tax is to be imposed, the rate	13195
of the tax, which shall be the rate set forth in the	13196
commissioner's certification rounded to the nearest one-fourth of	13197
one per cent, the number of years the tax will be levied or that	13198
it will be levied for a continuing period of time, the date on	13199
which the tax shall take effect, which shall be the first day of	13200
January of any year following the year in which the question is	13201
submitted, and the date of the election at which the proposal	13202
shall be submitted to the electors of the district, which shall be	13203
on the date of a primary, general, or special election the date of	13204
which is consistent with section 3501.01 of the Revised Code. The	13205
resolution shall specify whether the income that is to be subject	13206
to the tax is taxable income of individuals and estates as defined	13207
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	13208
Code or taxable income of individuals as defined in division	13209
(E)(1)(b) of that section. The specification shall be the same as	13210
the specification in the resolution adopted and certified under	13211
division (A) of this section.	13212

If the tax is to be levied for current expenses and permanent	13213
improvements, the resolution shall apportion the annual rate of	13214
the tax. The apportionment may be the same or different for each	13215
year the tax is levied, but the respective portions of the rate	13216
actually levied each year for current expenses and for permanent	13217
improvements shall be limited by the apportionment.	13218

If the board of education currently imposes an income tax	13219
pursuant to this chapter that is due to expire and a question is	13220
submitted under this section for a proposed income tax to take	13221
effect upon the expiration of the existing tax, the board may	13222
specify in the resolution that the proposed tax renews the	13223
expiring tax and is not an additional income tax, provided that	13224
the tax rate being proposed is no higher than the tax rate that is	13225
currently imposed.	13226

(2) A board of education adopting a resolution under division	13227
(B)(1) of this section proposing a school district income tax for	13228
a continuing period of time and limited to the purpose of current	13229
expenses may propose in that resolution to reduce the rate or	13230
rates of one or more of the school district's property taxes	13231
levied for a continuing period of time in excess of the ten-mill	13232
limitation for the purpose of current expenses. The reduction in	13233
the rate of a property tax may be any amount, expressed in mills	13234
per one dollar in valuation, not exceeding the rate at which the	13235
tax is authorized to be levied. The reduction in the rate of a tax	13236
shall first take effect for the tax year that includes the day on	13237
which the school district income tax first takes effect, and shall	13238
continue for each tax year that both the school district income	13239
tax and the property tax levy are in effect.	13240

In addition to the matters required to be set forth in the	13241
resolution under division (B)(1) of this section, a resolution	13242
containing a proposal to reduce the rate of one or more property	13243
taxes shall state for each such tax the maximum rate at which it	13244
currently may be levied and the maximum rate at which the tax	13245
could be levied after the proposed reduction, expressed in mills	13246
per one dollar in valuation, and that the tax is levied for a	13247
continuing period of time.	13248

If a board of education proposes to reduce the rate of one or	13249
more property taxes under division (B)(2) of this section, the	13250
board, when it makes the certification required under division (A)	13251
of this section, shall designate the specific levy or levies to be	13252
reduced, the maximum rate at which each levy currently is	13253
authorized to be levied, and the rate by which each levy is	13254
proposed to be reduced. The tax commissioner, when making the	13255
certification to the board under division (A) of this section,	13256
also shall certify the reduction in the total effective tax rate	13257
for current expenses for each class of property that would have	13258
resulted if the proposed reduction in the rate or rates had been	13259
in effect the previous tax year. As used in this paragraph,	13260
"effective tax rate" has the same meaning as in section 323.08 of	13261
the Revised Code.	13262

(C) A resolution adopted under division (B) of this section	13263
shall go into immediate effect upon its passage, and no	13264
publication of the resolution shall be necessary other than that	13265
provided for in the notice of election. Immediately after its	13266
adoption and at least seventy-five days prior to the election at	13267
which the question will appear on the ballot, a copy of the	13268
resolution shall be certified to the board of elections of the	13269
proper county, which shall submit the proposal to the electors on	13270
the date specified in the resolution. The form of the ballot shall	13271
be as provided in section 5748.03 of the Revised Code. Publication	13272
of notice of the election shall be made in one ~~or more newspapers~~	13273
newspaper of general circulation in the county once a week for	13274
two consecutive weeks, or as provided in section 7.16 of the	13275
Revised Code, prior to the election~~, and, if~~. If the board of	13276
elections operates and maintains a web site, the board of	13277
elections shall post notice of the election on its web site for	13278
thirty days prior to the election. The notice shall contain the	13279
time and place of the election and the question to be submitted to	13280
the electors. The question covered by the resolution shall be	13281
submitted as a separate proposition, but may be printed on the	13282
same ballot with any other proposition submitted at the same	13283
election, other than the election of officers.	13284

(D) No board of education shall submit the question of a tax	13285
on school district income to the electors of the district more	13286
than twice in any calendar year. If a board submits the question	13287
twice in any calendar year, one of the elections on the question	13288
shall be held on the date of the general election.	13289

(E)(1) No board of education may submit to the electors of	13290
the district the question of a tax on school district income on	13291
the taxable income of individuals as defined in division (E)(1)(b)	13292
of section 5748.01 of the Revised Code if that tax would be in	13293
addition to an existing tax on the taxable income of individuals	13294
and estates as defined in divisions (E)(1)(a) and (2) of that	13295
section.	13296

(2) No board of education may submit to the electors of the	13297
district the question of a tax on school district income on the	13298
taxable income of individuals and estates as defined in divisions	13299
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	13300
tax would be in addition to an existing tax on the taxable income	13301
of individuals as defined in division (E)(1)(b) of that section.	13302

Sec. 5748.021. A board of education that levies a tax under	13303
section 5748.02 of the Revised Code on the school district income	13304
of individuals and estates as defined in divisions (G) and	13305
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	13306
declare, at any time, by a resolution adopted by a majority of its	13307
members, the necessity of raising annually a specified amount of	13308
money for school district purposes by replacing the existing tax	13309
with a tax on the school district income of individuals as defined	13310
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	13311
Revised Code. The specified amount of money to be raised annually	13312
may be the same as, or more or less than, the amount of money	13313
raised annually by the existing tax.	13314

The board shall certify a copy of the resolution to the tax	13315
commissioner not later than the eighty-fifth day before the date	13316
of the election at which the board intends to propose the	13317
replacement to the electors of the school district. Not later than	13318
the tenth day after receiving the resolution, the tax commissioner	13319
shall estimate the tax rate that would be required in the school	13320
district annually to raise the amount of money specified in the	13321
resolution. The tax commissioner shall certify the estimate to the	13322
board.	13323

Upon receipt of the tax commissioner's estimate, the board	13324
may propose, by a resolution adopted by a majority of its members,	13325
to replace the existing tax on the school district income of	13326
individuals and estates as defined in divisions (G) and (E)(1)(a)	13327
and (2) of section 5748.01 of the Revised Code with the levy of an	13328
annual tax on the school district income of individuals as defined	13329
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	13330
Revised Code. In the resolution, the board shall specify the rate	13331
of the replacement tax, whether the replacement tax is to be	13332
levied for a specified number of years or for a continuing time,	13333
the specific school district purposes for which the replacement	13334
tax is to be levied, the date on which the replacement tax will	13335
begin to be levied, the date of the election at which the question	13336
of the replacement is to be submitted to the electors of the	13337
school district, that the existing tax will cease to be levied and	13338
the replacement tax will begin to be levied if the replacement is	13339
approved by a majority of the electors voting on the replacement,	13340
and that if the replacement is not approved by a majority of the	13341
electors voting on the replacement the existing tax will remain in	13342
effect under its original authority for the remainder of its	13343
previously approved term. The resolution goes into immediate	13344
effect upon its adoption. Publication of the resolution is not	13345
necessary, and the information that will be provided in the notice	13346
of election is sufficient notice. At least seventy-five days	13347
before the date of the election at which the question of the	13348
replacement will be submitted to the electors of the school	13349
district, the board shall certify a copy of the resolution to the	13350
board of elections.	13351

The replacement tax shall have the same specific school	13352
district purposes as the existing tax, and its rate shall be the	13353
same as the tax commissioner's estimate rounded to the nearest	13354
one-fourth of one per cent. The replacement tax shall begin to be	13355
levied on the first day of January of the year following the year	13356
in which the question of the replacement is submitted to and	13357
approved by the electors of the school district or on the first	13358
day of January of a later year, as specified in the resolution.	13359
The date of the election shall be the date of an otherwise	13360
scheduled primary, general, or special election.	13361

The board of elections shall make arrangements to submit the	13362
question of the replacement to the electors of the school district	13363
on the date specified in the resolution. The board of elections	13364
shall publish notice of the election on the question of the	13365
replacement in one ~~or more newspapers~~newspaper of general	13366
circulation in the school district once a week for four	13367
consecutive weeks or as provided in section 7.16 of the Revised	13368
Code. The notice shall set forth the question to be submitted to	13369
the electors and the time and place of the election thereon.	13370

The question shall be submitted to the electors of the school	13371
district as a separate proposition, but may be printed on the same	13372
ballot with other propositions that are submitted at the same	13373
election, other than the election of officers. The form of the	13374
ballot shall be substantially as follows:	13375

"Shall the existing tax of ..... (state the rate) on the	13376
school district income of individuals and estates imposed by .....	13377
(state the name of the school district) be replaced by a tax of	13378
..... (state the rate) on the earned income of individuals	13379
residing in the school district for ..... (state the number of	13380
years the tax is to be in effect or that it will be in effect for	13381
a continuing time), beginning ..... (state the date the new tax	13382
will take effect), for the purpose of ..... (state the specific	13383
school district purposes of the tax)? If the new tax is not	13384
approved, the existing tax will remain in effect under its	13385
original authority, for the remainder of its previously approved	13386
term.	13387

		For replacing the existing tax with the new tax			13388
		Against replacing the existing tax with the new tax	"		13389

The board of elections shall conduct and canvass the election	13390
in the same manner as regular elections in the school district for	13391
the election of county officers. The board shall certify the	13392
results of the election to the board of education and to the tax	13393
commissioner. If a majority of the electors voting on the question	13394
vote in favor of the replacement, the existing tax shall cease to	13395
be levied, and the replacement tax shall begin to be levied, on	13396
the date specified in the ballot question. If a majority of the	13397
electors voting on the question vote against the replacement, the	13398
existing tax shall continue to be levied under its original	13399
authority, for the remainder of its previously approved term.	13400

A board of education may not submit the question of replacing	13401
a tax more than twice in a calendar year. If a board submits the	13402
question more than once, one of the elections at which the	13403
question is submitted shall be on the date of a general election.	13404

If a board of education later intends to renew a replacement	13405
tax levied under this section, it shall repeat the procedure	13406
outlined in this section to do so, the replacement tax then being	13407
levied being the "existing tax" and the renewed replacement tax	13408
being the "replacement tax."	13409

Sec. 5748.04. (A) The question of the repeal of a school	13410
district income tax levied for more than five years may be	13411
initiated not more than once in any five-year period by filing	13412
with the board of elections of the appropriate counties not later	13413
than seventy-five days before the general election in any year	13414
after the year in which it is approved by the electors a petition	13415
requesting that an election be held on the question. The petition	13416
shall be signed by qualified electors residing in the school	13417
district levying the income tax equal in number to ten per cent of	13418
those voting for governor at the most recent gubernatorial	13419
election.	13420

The board of elections shall determine whether the petition	13421
is valid, and if it so determines, it shall submit the question to	13422
the electors of the district at the next general election. The	13423
election shall be conducted, canvassed, and certified in the same	13424
manner as regular elections for county offices in the county.	13425
Notice of the election shall be published in a newspaper of	13426
general circulation in the district once a week for two	13427
consecutive weeks or as provided in section 7.16 of the Revised	13428
Code, prior to the election~~, and, if~~. If the board of elections	13429
operates and maintains a web site, the board of elections shall	13430
post notice of the election on its web site for thirty days prior	13431
to the election. The notice shall state the purpose, time, and	13432
place of the election. The form of the ballot cast at the election	13433
shall be as follows:	13434

"Shall the annual income tax of ..... per cent, currently	13435
levied on the school district income of individuals and estates by	13436
.......... (state the name of the school district) for the purpose	13437
of .......... (state purpose of the tax), be repealed?	13438

13439

		For repeal of the income tax			13440
		Against repeal of the income tax	"		13441

13442

(B)(1) If the tax is imposed on taxable income as defined in	13443
division (E)(1)(b) of section 5748.01 of the Revised Code, the	13444
form of the ballot shall be modified by stating that the tax	13445
currently is levied on the "earned income of individuals residing	13446
in the school district" in lieu of the "school district income of	13447
individuals and estates."	13448

(2) If the rate of one or more property tax levies was	13449
reduced for the duration of the income tax levy pursuant to	13450
division (B)(2) of section 5748.02 of the Revised Code, the form	13451
of the ballot shall be modified by adding the following language	13452
immediately after "repealed": ", and shall the rate of an existing	13453
tax on property for the purpose of current expenses, which rate	13454
was reduced for the duration of the income tax, be INCREASED from	13455
..... mills to ..... mills per one dollar of valuation beginning	13456
in ..... (state the first year for which the rate of the property	13457
tax will increase)." In lieu of "for repeal of the income tax" and	13458
"against repeal of the income tax," the phrases "for the issue"	13459
and "against the issue," respectively, shall be substituted.	13460

(3) If the rate of more than one property tax was reduced for	13461
the duration of the income tax, the ballot language shall be	13462
modified accordingly to express the rates at which those taxes	13463
currently are levied and the rates to which the taxes would be	13464
increased.	13465

(C) The question covered by the petition shall be submitted	13466
as a separate proposition, but it may be printed on the same	13467
ballot with any other proposition submitted at the same election	13468
other than the election of officers. If a majority of the	13469
qualified electors voting on the question vote in favor of it, the	13470
result shall be certified immediately after the canvass by the	13471
board of elections to the board of education of the school	13472
district and the tax commissioner, who shall thereupon, after the	13473
current year, cease to levy the tax, except that if notes have	13474
been issued pursuant to section 5748.05 of the Revised Code the	13475
tax commissioner shall continue to levy and collect under	13476
authority of the election authorizing the levy an annual amount,	13477
rounded upward to the nearest one-fourth of one per cent, as will	13478
be sufficient to pay the debt charges on the notes as they fall	13479
due.	13480

(D) If a school district income tax repealed pursuant to this	13481
section was approved in conjunction with a reduction in the rate	13482
of one or more school district property taxes as provided in	13483
division (B)(2) of section 5748.02 of the Revised Code, then each	13484
such property tax may be levied after the current year at the rate	13485
at which it could be levied prior to the reduction, subject to any	13486
adjustments required by the county budget commission pursuant to	13487
Chapter 5705. of the Revised Code. Upon the repeal of a school	13488
district income tax under this section, the board of education may	13489
resume levying a property tax, the rate of which has been reduced	13490
pursuant to a question approved under section 5748.02 of the	13491
Revised Code, at the rate the board originally was authorized to	13492
levy the tax. A reduction in the rate of a property tax under	13493
section 5748.02 of the Revised Code is a reduction in the rate at	13494
which a board of education may levy that tax only for the period	13495
during which a school district income tax is levied prior to any	13496
repeal pursuant to this section. The resumption of the authority	13497
to levy the tax upon such a repeal does not constitute a tax	13498
levied in excess of the one per cent limitation prescribed by	13499
Section 2 of Article XII, Ohio Constitution, or in excess of the	13500
ten-mill limitation.	13501

(E) This section does not apply to school district income tax	13502
levies that are levied for five or fewer years.	13503

Sec. 5748.08. (A) The board of education of a city, local,	13504
or exempted village school district, at any time by a vote of	13505
two-thirds of all its members, may declare by resolution that it	13506
may be necessary for the school district to do all of the	13507
following:	13508

(1) Raise a specified amount of money for school district	13509
purposes by levying an annual tax on school district income;	13510

(2) Issue general obligation bonds for permanent	13511
improvements, stating in the resolution the necessity and purpose	13512
of the bond issue and the amount, approximate date, estimated rate	13513
of interest, and maximum number of years over which the principal	13514
of the bonds may be paid;	13515

(3) Levy a tax outside the ten-mill limitation to pay debt	13516
charges on the bonds and any anticipatory securities;	13517

(4) Submit the question of the school district income tax and	13518
bond issue to the electors of the district at a special election.	13519

The resolution shall specify whether the income that is to be	13520
subject to the tax is taxable income of individuals and estates as	13521
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	13522
Revised Code or taxable income of individuals as defined in	13523
division (E)(1)(b) of that section.	13524

On adoption of the resolution, the board shall certify a copy	13525
of it to the tax commissioner and the county auditor no later than	13526
ninety days prior to the date of the special election at which the	13527
board intends to propose the income tax and bond issue. Not later	13528
than ten days of receipt of the resolution, the tax commissioner,	13529
in the same manner as required by division (A) of section 5748.02	13530
of the Revised Code, shall estimate the rates designated in	13531
divisions (A)(1) and (2) of that section and certify them to the	13532
board. Not later than ten days of receipt of the resolution, the	13533
county auditor shall estimate and certify to the board the average	13534
annual property tax rate required throughout the stated maturity	13535
of the bonds to pay debt charges on the bonds, in the same manner	13536
as under division (C) of section 133.18 of the Revised Code.	13537

(B) On receipt of the tax commissioner's and county auditor's	13538
certifications prepared under division (A) of this section, the	13539
board of education of the city, local, or exempted village school	13540
district, by a vote of two-thirds of all its members, may adopt a	13541
resolution proposing for a specified number of years or for a	13542
continuing period of time the levy of an annual tax for school	13543
district purposes on school district income and declaring that the	13544
amount of taxes that can be raised within the ten-mill limitation	13545
will be insufficient to provide an adequate amount for the present	13546
and future requirements of the school district; that it is	13547
necessary to issue general obligation bonds of the school district	13548
for specified permanent improvements and to levy an additional tax	13549
in excess of the ten-mill limitation to pay the debt charges on	13550
the bonds and any anticipatory securities; and that the question	13551
of the bonds and taxes shall be submitted to the electors of the	13552
school district at a special election, which shall not be earlier	13553
than seventy-five days after certification of the resolution to	13554
the board of elections, and the date of which shall be consistent	13555
with section 3501.01 of the Revised Code. The resolution shall	13556
specify all of the following:	13557

(1) The purpose for which the school district income tax is	13558
to be imposed and the rate of the tax, which shall be the rate set	13559
forth in the tax commissioner's certification rounded to the	13560
nearest one-fourth of one per cent;	13561

(2) Whether the income that is to be subject to the tax is	13562
taxable income of individuals and estates as defined in divisions	13563
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	13564
taxable income of individuals as defined in division (E)(1)(b) of	13565
that section. The specification shall be the same as the	13566
specification in the resolution adopted and certified under	13567
division (A) of this section.	13568

(3) The number of years the tax will be levied, or that it	13569
will be levied for a continuing period of time;	13570

(4) The date on which the tax shall take effect, which shall	13571
be the first day of January of any year following the year in	13572
which the question is submitted;	13573

(5) The county auditor's estimate of the average annual	13574
property tax rate required throughout the stated maturity of the	13575
bonds to pay debt charges on the bonds.	13576

(C) A resolution adopted under division (B) of this section	13577
shall go into immediate effect upon its passage, and no	13578
publication of the resolution shall be necessary other than that	13579
provided for in the notice of election. Immediately after its	13580
adoption and at least seventy-five days prior to the election at	13581
which the question will appear on the ballot, the board of	13582
education shall certify a copy of the resolution, along with	13583
copies of the auditor's estimate and its resolution under division	13584
(A) of this section, to the board of elections of the proper	13585
county. The board of education shall make the arrangements for the	13586
submission of the question to the electors of the school district,	13587
and the election shall be conducted, canvassed, and certified in	13588
the same manner as regular elections in the district for the	13589
election of county officers.	13590

The resolution shall be put before the electors as one ballot	13591
question, with a majority vote indicating approval of the school	13592
district income tax, the bond issue, and the levy to pay debt	13593
charges on the bonds and any anticipatory securities. The board of	13594
elections shall publish the notice of the election in one ~~or more~~	13595
~~newspapers~~newspaper of general circulation in the school district	13596
once a week for two consecutive weeks or as provided in section	13597
7.16 of the Revised Code, prior to the election ~~and, if~~. If the	13598
board of elections operates and maintains a web site, it also	13599
shall post notice of the election on its web site for thirty days	13600
prior to the election. The notice of election shall state all of	13601
the following:	13602

(1) The questions to be submitted to the electors;

13603

(2) The rate of the school district income tax;

13604

(3) The principal amount of the proposed bond issue;

13605

(4) The permanent improvements for which the bonds are to be	13606
issued;	13607

(5) The maximum number of years over which the principal of	13608
the bonds may be paid;	13609

(6) The estimated additional average annual property tax rate	13610
to pay the debt charges on the bonds, as certified by the county	13611
auditor;	13612

(7) The time and place of the special election.

13613

(D) The form of the ballot on a question submitted to the	13614
electors under this section shall be as follows:	13615

"Shall the ........ school district be authorized to do both	13616
of the following:	13617

(1) Impose an annual income tax of ...... (state the proposed	13618
rate of tax) on the school district income of individuals and of	13619
estates, for ........ (state the number of years the tax would be	13620
levied, or that it would be levied for a continuing period of	13621
time), beginning ........ (state the date the tax would first take	13622
effect), for the purpose of ........ (state the purpose of the	13623
tax)?	13624

(2) Issue bonds for the purpose of ....... in the principal	13625
amount of $......, to be repaid annually over a maximum period of	13626
....... years, and levy a property tax outside the ten-mill	13627
limitation estimated by the county auditor to average over the	13628
bond repayment period ....... mills for each one dollar of tax	13629
valuation, which amounts to ....... (rate expressed in cents or	13630
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	13631
tax valuation, to pay the annual debt charges on the bonds, and to	13632
pay debt charges on any notes issued in anticipation of those	13633
bonds?	13634

13635

		FOR THE INCOME TAX AND BOND ISSUE			13636
		AGAINST THE INCOME TAX AND BOND ISSUE	"		13637

13638

(E) If the question submitted to electors proposes a school	13639
district income tax only on the taxable income of individuals as	13640
defined in division (E)(1)(b) of section 5748.01 of the Revised	13641
Code, the form of the ballot shall be modified by stating that the	13642
tax is to be levied on the "earned income of individuals residing	13643
in the school district" in lieu of the "school district income of	13644
individuals and of estates."	13645

(F) The board of elections promptly shall certify the results	13646
of the election to the tax commissioner and the county auditor of	13647
the county in which the school district is located. If a majority	13648
of the electors voting on the question vote in favor of it, the	13649
income tax and the applicable provisions of Chapter 5747. of the	13650
Revised Code shall take effect on the date specified in the	13651
resolution, and the board of education may proceed with issuance	13652
of the bonds and with the levy and collection of the property	13653
taxes to pay debt charges on the bonds, at the additional rate or	13654
any lesser rate in excess of the ten-mill limitation. Any	13655
securities issued by the board of education under this section are	13656
Chapter 133. securities, as that term is defined in section 133.01	13657
of the Revised Code.	13658

(G) After approval of a question under this section, the	13659
board of education may anticipate a fraction of the proceeds of	13660
the school district income tax in accordance with section 5748.05	13661
of the Revised Code. Any anticipation notes under this division	13662
shall be issued as provided in section 133.24 of the Revised Code,	13663
shall have principal payments during each year after the year of	13664
their issuance over a period not to exceed five years, and may	13665
have a principal payment in the year of their issuance.	13666

(H) The question of repeal of a school district income tax	13667
levied for more than five years may be initiated and submitted in	13668
accordance with section 5748.04 of the Revised Code.	13669

(I) No board of education shall submit a question under this	13670
section to the electors of the school district more than twice in	13671
any calendar year. If a board submits the question twice in any	13672
calendar year, one of the elections on the question shall be held	13673
on the date of the general election.	13674

Sec. 6101.16. When it is determined to let the work relating	13675
to the improvements for which a conservancy district was	13676
established by contract, contracts in amounts to exceed	13677
twenty-five thousand dollars shall be advertised after notice	13678
calling for bids has been published once a week for two	13679
consecutive weeks or as provided in section 7.16 of the Revised	13680
Code, with the last publication to occur at least eight days prior	13681
to the date on which bids will be accepted, in a newspaper of	13682
general circulation within the conservancy district where the work	13683
is to be done. If the bids are for a contract for the	13684
construction, demolition, alteration, repair, or reconstruction of	13685
an improvement, the board of directors of the conservancy district	13686
may let the contract to the lowest responsive and most responsible	13687
bidder who meets the requirements of section 153.54 of the Revised	13688
Code. If the bids are for a contract for any other work relating	13689
to the improvements for which a conservancy district was	13690
established, the board of directors of the district may let the	13691
contract to the lowest responsive and most responsible bidder who	13692
gives a good and approved bond, with ample security, conditioned	13693
on the carrying out of the contract. The contract shall be in	13694
writing and shall be accompanied by or refer to plans and	13695
specifications for the work to be done prepared by the chief	13696
engineer. The plans and specifications shall at all times be made	13697
and considered a part of the contract. The contract shall be	13698
approved by the board and signed by the president of the board and	13699
by the contractor and shall be executed in duplicate. In case of	13700
sudden emergency when it is necessary in order to protect the	13701
district, the advertising of contracts may be waived upon the	13702
consent of the board, with the approval of the court or a judge of	13703
the court of common pleas of the county in which the office of the	13704
district is located.	13705

Sec. 6103.05. (A) After the establishment of any county	13706
sewer district, the board of county commissioners, if a water	13707
supply improvement is to be undertaken, may have the county	13708
sanitary engineer prepare, or otherwise cause to be prepared, for	13709
the district, or revise as needed, a general plan of water supply	13710
that is as complete as can be developed at the time. After the	13711
general plan, in original or revised form, has been approved by	13712
the board, it may adopt a resolution generally describing the	13713
water supply improvement that is necessary to be acquired or	13714
constructed in accordance with the plan, declaring that the	13715
improvement is necessary for the preservation and promotion of the	13716
public health and welfare, and determining whether or not special	13717
assessments are to be levied and collected to pay any part of the	13718
cost of the improvement.	13719

(B) If special assessments are not to be levied and collected	13720
to pay any part of the cost of the improvement, the board, in the	13721
resolution provided for in division (A) of this section or in a	13722
subsequent resolution, including a resolution authorizing the	13723
issuance or incurrence of public obligations for the improvement,	13724
may authorize the improvement and the expenditure of the funds	13725
required for its acquisition or construction and may proceed with	13726
the improvement without regard to the procedures otherwise	13727
required by divisions (C), (D), and (E) of this section and by	13728
sections 6103.06, 6103.07, and 6117.09 to 6117.24 of the Revised	13729
Code. Those procedures shall be required only for improvements for	13730
which special assessments are to be levied and collected.	13731

(C) If special assessments are to be levied and collected	13732
pursuant to a determination made in the resolution provided for in	13733
division (A) of this section or in a subsequent resolution, the	13734
procedures referred to in division (B) of this section as being	13735
required for that purpose shall apply, and the board may have the	13736
county sanitary engineer prepare, or otherwise cause to be	13737
prepared, detailed plans, specifications, and an estimate of cost	13738
for the improvement, together with a tentative assessment of the	13739
cost based on the estimate. The tentative assessment shall be for	13740
the information of property owners and shall not be levied or	13741
certified to the county auditor for collection. The detailed	13742
plans, specifications, estimate of cost, and tentative assessment,	13743
if approved by the board, shall be carefully preserved in the	13744
office of the board or the county sanitary engineer and shall be	13745
open to the inspection of all persons interested in the	13746
improvement.	13747

(D) After the board's approval of the detailed plans,	13748
specifications, estimate of cost, and tentative assessment, and at	13749
least twenty-four days before adopting a resolution pursuant to	13750
division (E) of this section, the board, except to the extent that	13751
appropriate waivers of notice are obtained from affected owners,	13752
shall cause to be sent a notice of its intent to adopt a	13753
resolution to each owner of property proposed to be assessed that	13754
is listed on the records of the county auditor for current	13755
agricultural use value taxation pursuant to section 5713.31 of the	13756
Revised Code and that is not located in an agricultural district	13757
established under section 929.02 of the Revised Code. The notice	13758
shall satisfy all of the following:	13759

(1) Be sent by first class or certified mail;

13760

(2) Specify the proposed date of the adoption of the	13761
resolution;	13762

(3) Contain a statement that the improvement will be financed	13763
in whole or in part by special assessments and that all properties	13764
not located in an agricultural district established pursuant to	13765
section 929.02 of the Revised Code may be subject to a special	13766
assessment;	13767

(4) Contain a statement that an agricultural district may be	13768
established by filing an application with the county auditor.	13769

If it appears, by the return of the mailed notices or by	13770
other means, that one or more of the affected owners cannot be	13771
found or are not served by the mailed notice, the board shall	13772
cause the notice to be published once in a newspaper of general	13773
circulation in the county not later than ten days before the	13774
adoption of the resolution.	13775

(E) After complying with divisions (A), (C), and (D) of this	13776
section, the board may adopt a resolution declaring that the	13777
improvement, which shall be described as to its nature and its	13778
location, route, and termini, is necessary for the preservation	13779
and promotion of the public health and welfare, referring to the	13780
plans, specifications, estimate of cost, and tentative assessment,	13781
stating the place where they are on file and may be examined, and	13782
providing that the entire cost or a lesser designated part of the	13783
cost will be specially assessed against the benefited properties	13784
within the district and that any balance will be paid by the	13785
county at large from other available funds. The resolution also	13786
shall contain a description of the boundaries of that part of the	13787
district to be assessed and shall designate a time and place for	13788
objections to the improvement, to the tentative assessment, or to	13789
the boundaries of the assessment district to be heard by the	13790
board. The date of that hearing shall be not less than twenty-four	13791
days after the date of the first publication of the notice of the	13792
hearing required by this division.	13793

The board shall cause a notice of the hearing to be published	13794
once a week for two consecutive weeks in a newspaper of general	13795
circulation in the county or as provided in section 7.16 of the	13796
Revised Code, and on or before the date of the second publication,	13797
it shall cause to be sent by first class or certified mail a copy	13798
of the notice to every owner of property to be assessed for the	13799
improvement whose address is known.	13800

The notice shall set forth the time and place of the hearing,	13801
a summary description of the proposed improvement, including its	13802
general route and termini, a summary description of the area	13803
constituting the assessment district, and the place where the	13804
plans, specifications, estimate of cost, and tentative assessment	13805
are on file and may be examined. Each mailed notice also shall	13806
include a statement that the property of the addressee will be	13807
assessed for the improvement. The notice also shall be sent by	13808
first class or certified mail, on or before the date of the second	13809
publication, to the clerk, or the official discharging the duties	13810
of a clerk, of any municipal corporation any part of which lies	13811
within the assessment district and shall state whether or not any	13812
property belonging to the municipal corporation is to be assessed	13813
and, if so, shall identify that property.	13814

At the hearing, or at any adjournment of the hearing, of	13815
which no further published or mailed notice need be given, the	13816
board shall hear all parties whose properties are proposed to be	13817
assessed. Written objections to or endorsements of the proposed	13818
improvement, its character and termini, the boundaries of the	13819
assessment district, or the tentative assessment shall be received	13820
by the board for a period of five days after the completion of the	13821
hearing, and no action shall be taken by the board in the matter	13822
until after that period has elapsed. The minutes of the hearing	13823
shall be entered on the journal of the board showing the persons	13824
who appear in person or by attorney, and all written objections	13825
shall be preserved and filed in the office of the board.	13826

Sec. 6103.06. After the expiration of the period of five	13827
days provided in section 6103.05 of the Revised Code for the	13828
filing of written objections, the board of county commissioners	13829
shall determine whether it will proceed with the construction of	13830
the proposed improvement. If it decides to proceed therewith, the	13831
board shall ratify or amend the plans for the improvement, the	13832
character and termini thereof, the boundaries of the assessment	13833
district, and the tentative assessment, and may cause such	13834
revision of plans, boundaries, or assessments as is necessary to	13835
be made by the county sanitary engineer. If the boundaries of the	13836
assessment district are amended so as to include any property not	13837
included within the boundaries as established by the resolution of	13838
necessity, provided for in section 6103.05 of the Revised Code,	13839
the owners of all such property shall be notified by mail if their	13840
addresses are known, and notice shall be published once a week for	13841
two consecutive weeks in a newspaper of general circulation within	13842
the county or as provided in section 7.16 of the Revised Code,	13843
that such amendments have been adopted and that a hearing will be	13844
given by the board at a time and place stated in such notice at	13845
which all persons interested will be heard by the board. The date	13846
of such hearing shall be not less than twenty-four days after the	13847
first publication of such notice, and the hearing shall be	13848
conducted and records kept in the same manner as the first	13849
hearing. Five days shall be allowed for the filing of written	13850
objections as provided in section 6103.05 of the Revised Code for	13851
the first hearing and after the expiration of such five day period	13852
the board shall ratify the plans for the improvement, the	13853
character and termini thereof, the boundaries of the assessment	13854
district, and the tentative assessment, or shall further amend the	13855
same. If the boundaries of the assessment district are amended so	13856
as to include any property not included in the assessment district	13857
as originally established or previously amended, further notice	13858
and hearing shall be given to the owners of such property in the	13859
same manner as for the first amendment of such boundaries, and the	13860
same procedure shall be repeated until all property owners	13861
affected have been given an opportunity to be heard. If the owners	13862
of all property added to an assessment district by amendment of	13863
the original boundaries thereof waive objection to such amendment	13864
in writing, no further notice or hearing shall be given. After the	13865
board has ratified the plans for the improvement, the character	13866
and termini thereof, the boundaries of the assessment district,	13867
and the tentative assessment, either as originally presented or as	13868
amended, and if it decides to proceed therewith, the board shall	13869
adopt a resolution, to be known as the improvement resolution.	13870
Said improvement resolution shall declare the determination of	13871
such board to proceed with the construction of the improvement	13872
provided for in the resolution of necessity, in accordance with	13873
the plans and specification provided for such improvement, as	13874
ratified or amended, and whether bonds or certificates of	13875
indebtedness shall be issued in anticipation of the collection of	13876
special assessments, or that money in the county treasury	13877
unappropriated for any other purpose shall be appropriated to pay	13878
for said improvement.	13879

Sec. 6103.081. (A) After the establishment of any county	13880
sewer district, the board of county commissioners may determine by	13881
resolution that it is necessary to provide water supply	13882
improvements and to maintain and operate the improvements within	13883
the district or a designated portion of the district, that the	13884
improvements, which shall be generally described in the	13885
resolution, shall be constructed, that funds are required to pay	13886
the preliminary costs of the improvements to be incurred prior to	13887
the commencement of the proceedings for their construction, and	13888
that those funds shall be provided in accordance with this	13889
section.	13890

(B) Prior to the adoption of the resolution, the board shall	13891
give notice of its pendency and of the proposed determination of	13892
the necessity of the improvements generally described in the	13893
resolution. The notice shall set forth a description of the	13894
properties to be benefited by the improvements and the time and	13895
place of a hearing of objections to and endorsements of the	13896
improvements. The notice shall be given either by publication in a	13897
newspaper of general circulation in the county once a week for two	13898
consecutive weeks, by publication as provided in section 7.16 of	13899
the Revised Code, or by mailing a copy of the notice by first	13900
class or certified mail to the owners of the properties proposed	13901
to be assessed at their respective tax mailing addresses, or by	13902
~~both~~a combination of these manners, the first publication to be	13903
made or the mailing to occur at least two weeks prior to the date	13904
set for the hearing. At the hearing, or at any adjournment of the	13905
hearing, of which no further published or mailed notice need be	13906
given, the board shall hear all persons whose properties are	13907
proposed to be assessed and the evidence it considers to be	13908
necessary. The board then shall determine the necessity of the	13909
proposed improvements and whether the improvements shall be made	13910
by the board and, if they are to be made, shall direct the	13911
preparation of tentative assessments upon the benefited properties	13912
and by whom they shall be prepared.	13913

(C) In order to obtain funds for the preparation of a general	13914
or revised general plan of water supply for the district or part	13915
of the district, for the preparation of the detailed plans,	13916
specifications, estimate of cost, and tentative assessment for the	13917
proposed improvements, and for the cost of financing and legal	13918
services incident to the preparation of all of those plans and a	13919
plan of financing the proposed improvements, the board may levy	13920
upon the properties to be benefited in the district a preliminary	13921
assessment apportioned according to benefits or to tax valuation	13922
or partly by one method and partly by the other method as the	13923
board may determine. The assessments shall be in the amount	13924
determined to be necessary to obtain funds for the general and	13925
detailed plans and the cost of financing and legal services and	13926
shall be payable in the number of years that the board shall	13927
determine, not to exceed twenty years, together with interest on	13928
any public obligations that may be issued or incurred in	13929
anticipation of the collection of the assessments.	13930

(D) The board shall have power at any time to levy additional	13931
assessments according to benefits or to tax valuation or partly by	13932
one method and partly by the other method as the board may	13933
determine for the purposes described in division (C) of this	13934
section upon the benefited properties to complete the payment of	13935
the costs described in division (C) of this section or to pay the	13936
cost of any additional plans, specifications, estimate of cost, or	13937
tentative assessment and the cost of financing and legal services	13938
incident to the preparation of those plans and the plan of	13939
financing, which additional assessments shall be payable in the	13940
number of years that the board shall determine, not to exceed	13941
twenty years, together with interest on any public obligations	13942
that may be issued or incurred in anticipation of the collection	13943
of the additional assessments.	13944

(E) Prior to the adoption of a resolution levying assessments	13945
under this section, the board shall give notice either by one	13946
publication in a newspaper of general circulation in the county,	13947
or by mailing a copy of the notice by first class or certified	13948
mail to the owners of the properties proposed to be assessed at	13949
their respective tax mailing addresses, or by both manners, the	13950
publication to be made or the mailing to occur at least ten days	13951
prior to the date of the meeting at which the resolution shall be	13952
taken up for consideration; that notice shall state the time and	13953
place of the meeting at which the resolution is to be considered.	13954
At the time and place of the meeting, or at any adjournment of the	13955
meeting, of which no further published or mailed notice need be	13956
given, the board shall hear all persons whose properties are	13957
proposed to be assessed, shall correct any errors and make any	13958
revisions that appear to be necessary or just, and then may adopt	13959
a resolution levying upon the properties determined to be	13960
benefited the assessments as so corrected and revised.	13961

The assessments levied by the resolution shall be certified	13962
to the county auditor for collection in the same manner as taxes	13963
in the year or years in which they are payable.	13964

(F) Upon the adoption of the resolution described in division	13965
(E) of this section, no further action shall be taken or work done	13966
until ten days have elapsed. If, at the expiration of that period,	13967
no appeal has been effected by any property owner as provided in	13968
this division, the action of the board shall be final. If, at the	13969
end of that ten days, any owner of property to be assessed for the	13970
improvements has effected an appeal, no further action shall be	13971
taken and no work done in connection with the improvements under	13972
the resolution until the matters appealed from have been disposed	13973
of in court.	13974

Any owner of property to be assessed may appeal as provided	13975
and upon the grounds stated in sections 6117.09 to 6117.24 of the	13976
Revised Code.	13977

If no appeal has been perfected or if on appeal the	13978
resolution of the board is sustained, the board may authorize and	13979
enter into contracts to carry out the purpose for which the	13980
assessments have been levied without the prior issuance of notes,	13981
provided that the payments under those contracts do not fall due	13982
prior to the time by which the assessments are to be collected.	13983
The board may issue and sell bonds with a maximum maturity of	13984
twenty years in anticipation of the collection of the assessments	13985
and may issue notes in anticipation of the issuance of the bonds,	13986
which notes and bonds, as public obligations, shall be issued and	13987
sold as provided in Chapter 133. of the Revised Code.	13988

Sec. 6103.31. (A) If the board of county commissioners	13989
determines by resolution that the best interests of the county and	13990
the users of water supply facilities of the county serving a	13991
sewer district so require, the board may sell or otherwise dispose	13992
of the facilities to another public agency or a person. The	13993
resolution declaring the necessity of that disposition shall	13994
recite the reasons for the sale or other disposition and shall	13995
establish any conditions or terms that the board may impose,	13996
including, but not limited to, a minimum sales price if a sale is	13997
proposed, a requirement for the submission by bidders of the	13998
schedule of water rates and charges initially proposed to be paid	13999
by the users of the facilities, and other pertinent conditions or	14000
terms relating to the sale or other disposition. The resolution	14001
also shall designate a time and place for the hearing of	14002
objections to the sale or other disposition by the board. Notice	14003
of the adoption of the resolution and the time and place of the	14004
hearing shall be published as provided in section 7.16 of the	14005
Revised Code, or once a week for two consecutive weeks, in a	14006
newspaper of general circulation in the sewer district and in the	14007
county. The public hearing on the sale or other disposition shall	14008
be held not less than twenty-four days following the date of first	14009
publication of the notice. A copy of the notice also shall be	14010
sent by first class or certified mail, on or before the date of	14011
the second publication, to any public agency within the area	14012
served by the facilities. At the public hearing, or at any	14013
adjournment of it, of which no further published or mailed notice	14014
need be given, the board shall hear all interested parties. A	14015
period of five days shall be given following the completion of the	14016
hearing for the filing of written objections by any interested	14017
persons or public agencies to the sale or other disposition, after	14018
which the board shall consider any objections and by resolution	14019
determine whether or not to proceed with the sale or other	14020
disposition. If the board determines to proceed with the sale or	14021
other disposition, it shall receive bids after advertising once a	14022
week for four consecutive weeks in a newspaper of general	14023
circulation in the county or as provided in section 7.16 of the	14024
Revised Code and, subject to the right of the board to reject any	14025
or all bids, may make an award to a responsible bidder whose	14026
proposal is determined by the board to be in the best interests of	14027
the county and the users of the facilities.	14028

(B) A conveyance of water supply facilities by a county to a	14029
municipal corporation, in accordance with division (B) of section	14030
6103.04 of the Revised Code, may be made without regard to	14031
division (A) of this section.	14032

Sec. 6105.131. The board of directors of a watershed	14033
district may designate a specific reach in the channel of any	14034
watercourse within the territorial boundaries of the district as a	14035
restricted channel, when the construction or alteration of	14036
structures or obstructions within such channel will restrict its	14037
capacity so as to constitute an unreasonable hazard to the safety	14038
of life and property in times of flood, or designate any area	14039
outside the banks of a restricted channel as a restricted floodway	14040
when such area is reasonably necessary to the efficiency of a	14041
restricted channel as a means of carrying off flood waters. Such	14042
designation of a restricted channel or restricted floodway shall	14043
be made in the following manner:	14044

(A) The board shall adopt a resolution stating its intent to	14045
designate a specific reach in a channel of a watercourse as a	14046
restricted channel or a specific area as a restricted floodway.	14047
Such resolution shall contain a description of the reach of the	14048
channel to be designated as a restricted channel or description of	14049
the area to be designated as a restricted floodway and the reasons	14050
of the board for making such designation.	14051

(B) The board shall cause such resolution to be published as	14052
provided in section 7.16 of the Revised Code or once a week for	14053
two consecutive weeks in a newspaper of general circulation in the	14054
county or counties in which such restricted channel or restricted	14055
floodway is located, together with a notice of the time and place	14056
where a hearing will be held by the board on the question of	14057
designating such channel as a restricted channel or such area as a	14058
restricted floodway ~~and~~. The board also shall give not less than	14059
ten days notice of said hearing by first class mail to all owners	14060
of property within the area proposed to be designated as a	14061
restricted floodway. The date of such hearing shall be not less	14062
than ten days after the completion of the publication provided for	14063
by this division.	14064

(C) The board shall hold a hearing at the time and place	14065
designated in the notice published under division (B) of this	14066
section at which time indorsements of and objections to the	14067
designation of such channel as a restricted channel or such area	14068
as a restricted floodway shall be heard.	14069

(D) The board may, after the completion of the hearing under	14070
division (C) of this section and after finding that the	14071
construction or alteration of structures or obstructions or	14072
relocation, alteration, restriction, deposit, or encroachment	14073
within the designated reach of such channel will restrict its	14074
capacity so as to constitute an unreasonable hazard to the safety	14075
of life and property in times of flood, adopt a resolution	14076
designating the reach of the channel described in the resolution	14077
of intent adopted under division (A) of this section or any	14078
modification thereof as a restricted channel.	14079

(E) In like manner the board may, after completion of a	14080
hearing under division (C) of this section and after finding that	14081
the construction or alteration of structures or obstructions or	14082
change of grade within a designated floodway area will restrict	14083
its capacity or efficiency as a means of carrying off flood water	14084
so as to constitute an unreasonable hazard to the safety of life	14085
and property in times of flood, adopt a resolution designating the	14086
area described in the resolution of intent adopted under division	14087
(A) of this section, or any modification thereof, as a restricted	14088
floodway.	14089

Sec. 6115.01. As used in sections 6115.01 to 6115.79 of the	14090
Revised Code:	14091

(A) "Publication" means once a week for three consecutive	14092
weeks in ~~each of two newspapers of different political~~	14093
~~affiliations, if there are such newspapers, and~~a newspaper of	14094
general circulation in the counties wherein publication is to be	14095
made or as provided in section 7.16 of the Revised Code.	14096
Publication need not be made on the same day of the week in each	14097
of the ~~three~~ weeks; but not less than fourteen days, excluding	14098
the day of first publication, shall intervene between the first	14099
publication and the last publication. Publication shall be	14100
complete on the date of the last publication.	14101

(B) "Person" means person, firm, partnership, association, or	14102
corporation, other than county, township, municipal corporation,	14103
or other political subdivision.	14104

(C) "Public corporation" means counties, townships, municipal	14105
corporations, school districts, road districts, ditch districts,	14106
park districts, levee districts, and all other governmental	14107
agencies clothed with the power of levying general or special	14108
taxes.	14109

(D) "Court" means the court of common pleas in which the	14110
petition for the organization of a sanitary district was filed and	14111
granted. In the case of a district lying in more than one county,	14112
"court" means the court comprised of one judge of the court of	14113
common pleas from each county as provided in section 6115.04 of	14114
the Revised Code.	14115

(E) "Land" or "property," unless otherwise specified, means	14116
real property, as "real property" is used in and defined by the	14117
laws of this state, and embraces all railroads, tramroads, roads,	14118
electric railroads, street and interurban railroads, streets and	14119
street improvements, telephones, telegraph, and transmission	14120
lines, gas, sewerage, and water systems, pipelines and	14121
rights-of-way of public service corporations, and all other real	14122
property whether public or private.	14123

(F) "Board of directors" applies to the duties of one	14124
director appointed in accordance with section 6115.10 of the	14125
Revised Code in a district lying wholly within one county.	14126

(G) "Biting arthropods" include mosquitoes, ticks, biting	14127
flies, or other biting arthropods capable of transmitting disease	14128
to humans.	14129

(H) "Bond" or "bonds" means bonds, notes, certificates of	14130
indebtedness, certificates of participation, commercial paper, and	14131
other instruments in writing, including, unless the context does	14132
not admit, bonds or notes issued in anticipation of the issuance	14133
of other bonds, issued by a sanitary district to evidence its	14134
obligation to repay money borrowed, or to pay interest, by, or to	14135
pay at any future time other money obligations of, the sanitary	14136
district.	14137

(I) "Financing costs" has the same meaning as in division (K)	14138
of section 133.01 of the Revised Code.	14139

Sec. 6115.20. (A) When it is determined to let the work	14140
relating to the improvements for which a sanitary district was	14141
established by contract, contracts in amounts to exceed ten	14142
thousand dollars shall be advertised after notice calling for bids	14143
has been published once a week for five consecutive weeks	14144
completed on the date of last publication or as provided in	14145
section 7.16 of the Revised Code, in ~~at least one~~a newspaper of	14146
general circulation within the sanitary district where the work	14147
is to be done. The board of directors of the sanitary district	14148
shall let bids as provided in this section or, if applicable,	14149
section 9.312 of the Revised Code. If the bids are for a contract	14150
for the construction, demolition, alteration, repair, or	14151
reconstruction of an improvement, the board of directors of the	14152
sanitary district shall let the contract to the lowest or best	14153
bidder who meets the requirements of section 153.54 of the	14154
Revised Code. If the bids are for a contract for any other work	14155
relating to the improvements for which a sanitary district was	14156
established, the board of directors of the sanitary district	14157
shall let the contract to the lowest or best bidder who gives a	14158
good and approved bond, with ample security, conditioned on the	14159
carrying out of the contract and the payment for all labor and	14160
material. The contract shall be in writing and shall be	14161
accompanied by or shall refer to plans and specifications for the	14162
work to be done prepared by the chief engineer. The plans and	14163
specifications at all times shall be made and considered a part of	14164
the contract. The contract shall be approved by the board and	14165
signed by the president of the board and by the contractor and	14166
shall be executed in duplicate. In case of emergency the	14167
advertising of contracts may be waived upon the consent of the	14168
board with the approval of the court or judge in vacation.	14169

(B) In the case of a sanitary district organized wholly for	14170
the purpose of providing a water supply for domestic, municipal,	14171
and public use that includes two municipal corporations in two	14172
counties, any service to be purchased, including the services of	14173
an accountant, architect, attorney at law, physician, or	14174
professional engineer, at a cost in excess of ten thousand dollars	14175
shall be obtained in the manner provided in sections 153.65 to	14176
153.71 of the Revised Code. For the purposes of the application of	14177
those sections to division (B) of this section, all of the	14178
following apply:	14179

(1) "Public authority," as used in those sections, shall be	14180
deemed to mean a sanitary district organized wholly for the	14181
purpose of providing a water supply for domestic, municipal, and	14182
public use that includes two municipal corporations in two	14183
counties;	14184

(2) "Professional design firm," as used in those sections,	14185
shall be deemed to mean any person legally engaged in rendering	14186
professional design services as defined in division (B)(3) of this	14187
section;	14188

(3) "Professional design services," as used in those	14189
sections, shall be deemed to mean accounting, architectural,	14190
legal, medical, or professional engineering services;	14191

(4) The use of other terms in those sections shall be adapted	14192
accordingly, including, without limitation, for the purposes of	14193
division (D)(2) of section 153.67 of the Revised Code;	14194

(5) Divisions (A) to (C) of section 153.71 of the Revised	14195
Code do not apply.	14196

(C) The board of directors of a district organized wholly for	14197
the purpose of providing a water supply for domestic, municipal,	14198
and public use may contract for, purchase, or otherwise procure	14199
for the benefit of employees of the district and pay all or any	14200
part of the cost of group insurance policies that may provide	14201
benefits, including, but not limited to, hospitalization, surgical	14202
care, major medical care, disability, dental care, vision care,	14203
medical care, hearing aids, or prescription drugs. Any group	14204
insurance policy purchased under this division shall be purchased	14205
from the health care corporation that the board of directors	14206
determines offers the most cost-effective group insurance policy.	14207

Sec. 6117.06. (A) After the establishment of any sewer	14208
district, the board of county commissioners, if a sanitary or	14209
drainage facility or prevention or replacement facility	14210
improvement is to be undertaken, may have the county sanitary	14211
engineer prepare, or otherwise cause to be prepared, for the	14212
district, or revise as needed, a general plan of sewerage or	14213
drainage that is as complete in each case as can be developed at	14214
the time and that is devised with regard to any existing sanitary	14215
or drainage facilities or prevention or replacement facilities in	14216
the district and present as well as prospective needs for	14217
additional sanitary or drainage facilities or prevention or	14218
replacement facilities in the district. After the general plan, in	14219
original or revised form, has been approved by the board, it may	14220
adopt a resolution generally describing the improvement that is	14221
necessary to be acquired or constructed in accordance with the	14222
particular plan, declaring that the improvement is necessary for	14223
the preservation and promotion of the public health and welfare,	14224
and determining whether or not special assessments are to be	14225
levied and collected to pay any part of the cost of the	14226
improvement.	14227

(B) If special assessments are not to be levied and collected	14228
to pay any part of the cost of the improvement, the board, in the	14229
resolution provided for in division (A) of this section or in a	14230
subsequent resolution, including a resolution authorizing the	14231
issuance or incurrence of public obligations for the improvement,	14232
may authorize the improvement and the expenditure of the funds	14233
required for its acquisition or construction and may proceed with	14234
the improvement without regard to the procedures otherwise	14235
required by divisions (C), (D), and (E) of this section and by	14236
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	14237
are required only for improvements for which special assessments	14238
are to be levied and collected.	14239

(C) If special assessments are to be levied and collected	14240
pursuant to a determination made in the resolution provided for in	14241
division (A) of this section or in a subsequent resolution, the	14242
procedures referred to in division (B) of this section as being	14243
required for that purpose shall apply, and the board may have the	14244
county sanitary engineer prepare, or otherwise cause to be	14245
prepared, detailed plans, specifications, and an estimate of cost	14246
for the improvement, together with a tentative assessment of the	14247
cost based on the estimate. The tentative assessment shall be for	14248
the information of property owners and shall not be levied or	14249
certified to the county auditor for collection. The detailed	14250
plans, specifications, estimate of cost, and tentative assessment,	14251
if approved by the board, shall be carefully preserved in the	14252
office of the board or the county sanitary engineer and shall be	14253
open to the inspection of all persons interested in the	14254
improvement.	14255

(D) After the board's approval of the detailed plans,	14256
specifications, estimate of cost, and tentative assessment, and at	14257
least twenty-four days before adopting a resolution pursuant to	14258
division (E) of this section, the board, except to the extent that	14259
appropriate waivers of notice are obtained from affected owners,	14260
shall cause to be sent a notice of its intent to adopt the	14261
resolution to each owner of property proposed to be assessed that	14262
is listed on the records of the county auditor for current	14263
agricultural use value taxation pursuant to section 5713.31 of the	14264
Revised Code and that is not located in an agricultural district	14265
established under section 929.02 of the Revised Code. The notice	14266
shall satisfy all of the following:	14267

(1) Be sent by first class or certified mail;

14268

(2) Specify the proposed date of the adoption of the	14269
resolution;	14270

(3) Contain a statement that the improvement will be financed	14271
in whole or in part by special assessments and that all properties	14272
not located in an agricultural district established pursuant to	14273
section 929.02 of the Revised Code may be subject to a special	14274
assessment;	14275

(4) Contain a statement that an agricultural district may be	14276
established by filing an application with the county auditor.	14277

If it appears, by the return of the mailed notices or by	14278
other means, that one or more of the affected owners cannot be	14279
found or are not served by the mailed notice, the board shall	14280
cause the notice to be published once in a newspaper of general	14281
circulation in the county not later than ten days before the	14282
adoption of the resolution.	14283

(E) After complying with divisions (A), (C), and (D) of this	14284
section, the board may adopt a resolution declaring that the	14285
improvement, which shall be described as to its nature and its	14286
location, route, and termini, is necessary for the preservation	14287
and promotion of the public health and welfare, referring to the	14288
plans, specifications, estimate of cost, and tentative assessment,	14289
stating the place where they are on file and may be examined, and	14290
providing that the entire cost or a lesser designated part of the	14291
cost will be specially assessed against the benefited properties	14292
within the district and that any balance will be paid by the	14293
county at large from other available funds. The resolution also	14294
shall contain a description of the boundaries of that part of the	14295
district to be assessed and shall designate a time and place for	14296
objections to the improvement, to the tentative assessment, or to	14297
the boundaries of the assessment district to be heard by the	14298
board. The date of that hearing shall be not less than twenty-four	14299
days after the date of the first publication of the notice of the	14300
hearing required by this division.	14301

The board shall cause a notice of the hearing to be published	14302
once a week for two consecutive weeks in a newspaper of general	14303
circulation in the county~~, and on~~or as provided in section 7.16	14304
of the Revised Code. On or before the date of the second	14305
publication, itthe board shall cause to be sent by first class	14306
or certified mail a copy of the notice to every owner of property	14307
to be assessed for the improvement whose address is known.	14308

The notice shall set forth the time and place of the hearing,	14309
a summary description of the proposed improvement, including its	14310
general route and termini, a summary description of the area	14311
constituting the assessment district, and the place where the	14312
plans, specifications, estimate of cost, and tentative assessment	14313
are on file and may be examined. Each mailed notice also shall	14314
include a statement that the property of the addressee will be	14315
assessed for the improvement. The notice also shall be sent by	14316
first class or certified mail, on or before the date of the second	14317
publication, to the clerk, or to the official discharging the	14318
duties of a clerk, of any municipal corporation any part of which	14319
lies within the assessment district and shall state whether or not	14320
any property belonging to the municipal corporation is to be	14321
assessed and, if so, shall identify that property.	14322

At the hearing, or at any adjournment of the hearing, of	14323
which no further published or mailed notice need be given, the	14324
board shall hear all parties whose properties are proposed to be	14325
assessed. Written objections to or endorsements of the proposed	14326
improvement, its character and termini, the boundaries of the	14327
assessment district, or the tentative assessment shall be received	14328
by the board for a period of five days after the completion of the	14329
hearing, and no action shall be taken by the board in the matter	14330
until after that period has elapsed. The minutes of the hearing	14331
shall be entered on the journal of the board, showing the persons	14332
who appear in person or by attorney, and all written objections	14333
shall be preserved and filed in the office of the board.	14334

Sec. 6117.07. After the expiration of the period of five	14335
days provided for in section 6117.06 of the Revised Code for the	14336
filing of written objections, the board of county commissioners	14337
shall determine whether or not it will proceed with the	14338
construction of the improvement mentioned in such section. Notice	14339
of the time and place of each meeting of the board of county	14340
commissioners, at which the resolution to proceed with the	14341
construction of such improvement will be considered, shall be	14342
given in writing to all persons who filed written objections as	14343
provided in section 6117.06 of the Revised Code. Such notice shall	14344
contain the following language in addition to the time and place	14345
of the meeting of the board: "any person, firm, or corporation	14346
desiring to appeal from the final order or judgment of the board	14347
upon any of the questions mentioned in section 6117.09 of the	14348
Revised Code shall, on or before the date of the passage of the	14349
improvement resolution, give notice in writing of an intention to	14350
appeal, specifying therein the matters to be appealed from." If it	14351
decides to proceed therewith, the board shall ratify or amend the	14352
plans for the improvement and the character and termini thereof,	14353
the boundaries of the assessment district, and the tentative	14354
assessment, and may cause such revision of plans, boundaries, or	14355
assessments as the board considers necessary to be made by the	14356
county sanitary engineer. If the boundaries of the assessment	14357
district are amended so as to include any property not included	14358
within the boundaries as established by the resolution of	14359
necessity provided for in section 6117.06 of the Revised Code, the	14360
owners of all such property shall be notified by mail if their	14361
addresses are known, and notice shall be published once a week for	14362
two consecutive weeks in a newspaper of general circulation within	14363
the county or as provided in section 7.16 of the Revised Code that	14364
such amendments have been adopted and that a hearing will be given	14365
by the board at a time and place stated in such notice, at which	14366
all persons interested will be heard by the board. The date of	14367
such hearing shall be not less than twenty-four days after the	14368
first publication of such notice, and the hearing shall be	14369
conducted and records kept in the same manner as the first	14370
hearing. Five days shall be allowed for the filing of written	14371
objections as provided in such section for the first hearing.	14372

After the expiration of such five day period, the board shall	14373
ratify the plans for the improvement and the character and termini	14374
thereof, the boundaries of the assessment district, and the	14375
tentative assessment, or shall further amend the same. If the	14376
boundaries of the assessment district are amended so as to include	14377
any property not included in the assessment district as originally	14378
established or previously amended, further notice and hearing	14379
shall be given to the owners of such property in the same manner	14380
as for the first amendment of such boundaries, and the same	14381
procedure shall be repeated until all property owners affected	14382
have been given an opportunity to be heard. If the owners of all	14383
property added to an assessment district by amendment of the	14384
original boundaries thereof waive objection to such amendment in	14385
writing, no further notice or hearing shall be given.	14386

After the board has ratified the plans for the improvement	14387
and the character and termini thereof, the boundaries of the	14388
assessment district, and the tentative assessment, either as	14389
originally presented or as amended, and if it decides to proceed	14390
therewith, the board shall adopt a resolution to be known as the	14391
improvement resolution. Said improvement resolution shall declare	14392
the determination of such board to proceed with the construction	14393
of the improvement provided for in the resolution of necessity, in	14394
accordance with the plans and specifications provided for such	14395
improvement as ratified or amended, and whether bonds or	14396
certificates of indebtedness shall be issued in anticipation of	14397
the collection of special assessments, as provided in section	14398
6117.08 to 6117.45, inclusive, of the Revised Code, or that money	14399
in the county treasury unappropriated for any other purpose shall	14400
be appropriated to pay for said improvement.	14401

Sec. 6117.251. (A) After the establishment of any county	14402
sewer district, the board of county commissioners may determine by	14403
resolution that it is necessary to provide sanitary or drainage	14404
facility improvements or prevention or replacement facility	14405
improvements and to maintain and operate the improvements within	14406
the district or a designated portion of the district, that the	14407
improvements, which shall be generally described in the	14408
resolution, shall be constructed, that funds are required to pay	14409
the preliminary costs of the improvements to be incurred prior to	14410
the commencement of the proceedings for their construction, and	14411
that those funds shall be provided in accordance with this	14412
section.	14413

(B) Prior to the adoption of the resolution, the board shall	14414
give notice of its pendency and of the proposed determination of	14415
the necessity of the improvements generally described in the	14416
resolution. The notice shall set forth a description of the	14417
properties to be benefited by the improvements and the time and	14418
place of a hearing of objections to and endorsements of the	14419
improvements. The notice shall be given ~~either~~ by publication in a	14420
newspaper of general circulation in the county once a week for two	14421
consecutive weeks, orby publication as provided in section 7.16	14422
of the Revised Code, by mailing a copy of the notice by first	14423
class or certified mail to the owners of the properties proposed	14424
to be assessed at their respective tax mailing addresses, or by	14425
~~both~~a combination of these manners, the first publication to be	14426
made or the mailing to occur at least two weeks prior to the date	14427
set for the hearing. At the hearing, or at any adjournment of the	14428
hearing, of which no further published or mailed notice need be	14429
given, the board shall hear all persons whose properties are	14430
proposed to be assessed and the evidence it considers to be	14431
necessary. The board then shall determine the necessity of the	14432
proposed improvements and whether the improvements shall be made	14433
by the board and, if they are to be made, shall direct the	14434
preparation of tentative assessments upon the benefited	14435
properties and by whom they shall be prepared.	14436

(C) In order to obtain funds for the preparation of a general	14437
or revised general plan of sewerage or drainage for the district	14438
or part of the district, for the preparation of the detailed	14439
plans, specifications, estimate of cost, and tentative assessment	14440
for the proposed improvements, and for the cost of financing and	14441
legal services incident to the preparation of all of those plans	14442
and a plan of financing the proposed improvements, the board may	14443
levy upon the properties to be benefited in the district a	14444
preliminary assessment apportioned according to benefits or to tax	14445
valuation or partly by one method and partly by the other method	14446
as the board may determine. The assessments shall be in the	14447
amount determined to be necessary to obtain funds for the general	14448
and detailed plans and the cost of financing and legal services	14449
and shall be payable in the number of years that the board shall	14450
determine, not to exceed twenty years, together with interest on	14451
any public obligations that may be issued or incurred in	14452
anticipation of the collection of the assessments.	14453

(D) The board shall have power at any time to levy additional	14454
assessments according to benefits or to tax valuation or partly by	14455
one method and partly by the other method as the board may	14456
determine for the purposes described in division (C) of this	14457
section upon the benefited properties to complete the payment of	14458
the costs described in division (C) of this section or to pay the	14459
cost of any additional plans, specifications, estimate of cost, or	14460
tentative assessment and the cost of financing and legal services	14461
incident to the preparation of those plans and the plan of	14462
financing, which additional assessments shall be payable in the	14463
number of years that the board shall determine, not to exceed	14464
twenty years, together with interest on any public obligations	14465
that may be issued or incurred in anticipation of the collection	14466
of the additional assessments.	14467

(E) Prior to the adoption of a resolution levying assessments	14468
under this section, the board shall give notice either by one	14469
publication in a newspaper of general circulation in the county,	14470
or by mailing a copy of the notice by first class or certified	14471
mail to the owners of the properties proposed to be assessed at	14472
their respective tax mailing addresses, or by both manners, the	14473
publication to be made or the mailing to occur at least ten days	14474
prior to the date of the meeting at which the resolution shall be	14475
taken up for consideration; that notice shall state the time and	14476
place of the meeting at which the resolution is to be considered.	14477
At the time and place of the meeting, or at any adjournment of	14478
the meeting, of which no further published or mailed notice need	14479
be given, the board shall hear all persons whose properties are	14480
proposed to be assessed, shall correct any errors and make any	14481
revisions that appear to be necessary or just, and then may adopt	14482
a resolution levying upon the properties determined to be	14483
benefited the assessments as so corrected and revised.	14484

The assessments levied by the resolution shall be certified	14485
to the county auditor for collection in the same manner as taxes	14486
in the year or years in which they are payable.	14487

(F) Upon the adoption of the resolution described in division	14488
(E) of this section, no further action shall be taken or work done	14489
until ten days have elapsed. If, at the expiration of that period,	14490
no appeal has been effected by any property owner as provided in	14491
this division, the action of the board shall be final. If, at the	14492
end of that ten days, any owner of property to be assessed for the	14493
improvements has effected an appeal, no further action shall be	14494
taken and no work done in connection with the improvements under	14495
the resolution until the matters appealed from have been disposed	14496
of in court.	14497

Any owner of property to be assessed may appeal as provided	14498
and upon the grounds stated in sections 6117.09 to 6117.24 of the	14499
Revised Code.	14500

If no appeal has been perfected or if on appeal the	14501
resolution of the board is sustained, the board may authorize and	14502
enter into contracts to carry out the purposes for which the	14503
assessments have been levied without the prior issuance of notes,	14504
provided that the payments under those contracts do not fall due	14505
prior to the time by which the assessments are to be collected.	14506
The board may issue and sell bonds with a maximum maturity of	14507
twenty years in anticipation of the collection of the assessments	14508
and may issue notes in anticipation of the issuance of the bonds,	14509
which notes and bonds, as public obligations, shall be issued and	14510
sold as provided in Chapter 133. of the Revised Code.	14511

Sec. 6117.49. (A) If the board of county commissioners	14512
determines by resolution that the best interests of the county and	14513
those served by the sanitary or drainage facilities or the	14514
prevention or replacement facilities of a county sewer district so	14515
require, the board may sell or otherwise dispose of the facilities	14516
to another public agency or a person. The resolution declaring the	14517
necessity of that disposition shall recite the reasons for the	14518
sale or other disposition and shall establish any conditions or	14519
terms that the board may impose, including, but not limited to, a	14520
minimum sales price if a sale is proposed, a requirement for the	14521
submission by bidders of the schedule of rates and charges	14522
initially proposed to be paid for the services of the facilities,	14523
and other pertinent conditions or terms relating to the sale or	14524
other disposition. The resolution also shall designate a time and	14525
place for the hearing of objections to the sale or other	14526
disposition by the board. Notice of the adoption of the resolution	14527
and the time and place of the hearing shall be published as	14528
provided in section 7.16 of the Revised Code or once a week for	14529
two consecutive weeks, in a newspaper of general circulation in	14530
the sewer district and in the county. The public hearing on the	14531
sale or other disposition shall be held not less than twenty-four	14532
days following the date of first publication of the notice. A	14533
copy of the notice also shall be sent by first class or certified	14534
mail, on or before the date of the second publication, to any	14535
public agency within the area served by the facilities. At the	14536
public hearing, or at any adjournment of it, of which no further	14537
published or mailed notice need be given, the board shall hear	14538
all interested parties. A period of five days shall be given	14539
following the completion of the hearing for the filing of written	14540
objections by any interested persons or public agencies to the	14541
sale or other disposition, after which the board shall consider	14542
any objections and by resolution determine whether or not to	14543
proceed with the sale or other disposition. If the board	14544
determines to proceed with the sale or other disposition, it	14545
shall receive bids after advertising once a week for four	14546
consecutive weeks or as provided in section 7.16 of the Revised	14547
Code, in a newspaper of general circulation in the county and,	14548
subject to the right of the board to reject any or all bids, may	14549
make an award to a responsible bidder whose proposal is	14550
determined by the board to be in the best interests of the county	14551
and those served by the facilities.	14552

(B) A conveyance of sanitary or drainage facilities or of	14553
prevention or replacement facilities by a county to a municipal	14554
corporation in accordance with division (B) of section 6117.05 of	14555
the Revised Code may be made without regard to division (A) of	14556
this section.	14557

Sec. 6119.10. The board of trustees of a regional water and	14558
sewer district or any officer or employee designated by the board	14559
may make any contract for the purchase of supplies or material or	14560
for labor for any work, under the supervision of the board, the	14561
cost of which shall not exceed twenty-five thousand dollars. When	14562
an expenditure, other than for the acquisition of real estate and	14563
interests in real estate, the discharge of noncontractual claims,	14564
personal services, the joint use of facilities or the exercise of	14565
powers with other political subdivisions, or the product or	14566
services of public utilities, exceeds twenty-five thousand	14567
dollars, the expenditures shall be made only after a notice	14568
calling for bids has been published ~~not less than~~ two consecutive	14569
weeks in ~~at least~~ one newspaper ~~having a~~of general circulation	14570
within the district or as provided in section 7.16 of the Revised	14571
Code. If the bids are for a contract for the construction,	14572
demolition, alteration, repair, or reconstruction of an	14573
improvement, the board may let the contract to the lowest and best	14574
bidder who meets the requirements of section 153.54 of the Revised	14575
Code. If the bids are for a contract for any other work relating	14576
to the improvements for which a regional water and sewer district	14577
was established, the board of trustees of the regional water and	14578
sewer district may let the contract to the lowest or best bidder	14579
who gives a good and approved bond with ample security conditioned	14580
on the carrying out of the contract. The contract shall be in	14581
writing and shall be accompanied by or shall refer to plans and	14582
specifications for the work to be done, approved by the board. The	14583
plans and specifications shall at all times be made and considered	14584
part of the contract. The contract shall be approved by the board	14585
and signed by its president or other duly authorized officer and	14586
by the contractor. In case of a real and present emergency, the	14587
board of trustees of the district, by two-thirds vote of all	14588
members, may authorize the president or other duly authorized	14589
officer to enter into a contract for work to be done or for the	14590
purchase of supplies or materials without formal bidding or	14591
advertising. All contracts shall have attached the certificate	14592
required by section 5705.41 of the Revised Code duly executed by	14593
the secretary of the board of trustees of the district. The	14594
district may make improvements by force account or direct labor,	14595
provided that, if the estimated cost of supplies or material for	14596
any such improvement exceeds twenty-five thousand dollars, bids	14597
shall be received as provided in this section. For the purposes of	14598
the competitive bidding requirements of this section, the board	14599
shall not sever a contract for supplies or materials and labor	14600
into separate contracts for labor, supplies, or materials if the	14601
contracts are in fact a part of a single contract required to be	14602
bid competitively under this section.	14603

Sec. 6119.18. The board of trustees of a regional water and	14604
sewer district, by a vote of two-thirds of all its members, may	14605
declare by resolution that it is necessary to levy a tax in excess	14606
of the ten-mill limitation for the purpose of providing funds to	14607
pay current expenses of the district or for the purpose of paying	14608
any portion of the cost of one or more water resource projects or	14609
parts thereof or for both of such purposes, and that the question	14610
of such tax levy shall be submitted to the electors of the	14611
district at a general or primary election. Such resolution shall	14612
conform to the requirements of section 5705.19 of the Revised	14613
Code, except as otherwise permitted by this section and except	14614
that such levy may be for a period not longer than ten years. The	14615
resolution shall go into immediate effect upon its passage and no	14616
publication of the resolution is necessary other than that	14617
provided for in the notice of election. A copy of such resolution	14618
shall, immediately after its passage, be certified to the board of	14619
elections of the proper county or counties in the manner provided	14620
by section 5705.25 of the Revised Code, and such section shall	14621
govern the arrangements for the submission of such question and	14622
other matters with respect to such election to which such section	14623
refers. Publication of the notice of that election shall be made	14624
in one ~~or more newspapers having a~~newspaper of general	14625
circulation in the district once a week for two consecutive weeks	14626
prior to the election, ~~and, if~~or as provided in section 7.16 of	14627
the Revised Code. If the board of elections operates and maintains	14628
a web site, the board of elections shall post notice of the	14629
election on its web site for thirty days prior to the election.	14630

If a majority of the electors voting on the question vote in	14631
favor thereof, the board may make the necessary levy within the	14632
district at the additional rate or at any lesser rate on the tax	14633
list and duplicate for the purpose or purposes stated in the	14634
resolution.	14635

The taxes realized from such levy shall be collected at the	14636
same time and in the same manner as other taxes on such tax list	14637
and duplicate and such taxes, when collected, shall be paid to the	14638
district and deposited by it in a special fund which shall be	14639
established by the district for all revenues derived from such	14640
levy and for the proceeds of anticipation notes which shall be	14641
deposited in such fund.	14642

After the approval of such levy, the district may anticipate	14643
a fraction of the proceeds of such levy and, from time to time,	14644
during the life of such levy, issue anticipation notes in an	14645
amount not exceeding fifty per cent of the estimated proceeds of	14646
such levy to be collected in each year up to a period of five	14647
years after the date of issuance of such notes, less an amount	14648
equal to the proceeds of such levy previously obligated for each	14649
year by the issuance of anticipation notes, provided that the	14650
total amount maturing in any one year shall not exceed fifty per	14651
cent of the anticipated proceeds of such levy for that year. Each	14652
issue of notes shall be sold as provided in Chapter 133. of the	14653
Revised Code, and shall, except for such limitation that the total	14654
amount of such notes maturing in any one year shall not exceed	14655
fifty per cent of the anticipated proceeds of such levy for that	14656
year, mature serially in substantially equal installments during	14657
each year over a period not to exceed five years after their	14658
issuance.	14659

Sec. 6119.22. When a plan of sewerage devised in accordance	14660
with section 6119.19 of the Revised Code has been prepared, the	14661
board of trustees of the regional water and sewer district shall	14662
give at least ten days' notice in one newspaper of general	14663
circulation in such area or give notice as provided in section	14664
7.16 of the Revised Code, stating that such plans have been	14665
prepared and are filed in the office of the secretary of the board	14666
for examination and inspection by the parties interested.	14667

Any objection to such plan shall then be made to the board	14668
and it may amend or correct such plan, and shall thereupon file it	14669
as amended, or if no amendments are made, it shall file the	14670
original plan in the office of the secretary.	14671

Sec. 6119.25. When the board of trustees of a regional water	14672
and sewer district deems it necessary to construct all or a part	14673
of the sewers provided for in the plan devised in accordance with	14674
section 6119.19 of the Revised Code, the board shall declare by	14675
resolution the necessity thereof. Such resolution shall contain a	14676
declaration of the necessity of such improvement, a statement of	14677
the districts, areas, or parts thereof proposed to be constructed,	14678
the character of the materials to be used, a reference to the	14679
plans and specifications, where they are on file, and the mode of	14680
payment therefor, and shall publish the resolution once a week for	14681
not less than two nor more than four consecutive weeks in one	14682
newspaper of general circulation in the area or as provided in	14683
section 7.16 of the Revised Code.	14684

Sec. 6119.58. In order to obtain funds for the preparation	14685
of plans, specifications, estimates of cost, tentative	14686
assessments, and a plan of financing for any water resource	14687
project or part thereof, the board of trustees of a regional water	14688
and sewer district may levy upon the property in such district to	14689
be benefited by such project assessments apportioned in accordance	14690
with one or more of the methods set forth in section 6119.42 of	14691
the Revised Code. The aggregate of such assessments shall not	14692
exceed the amount determined by the board of trustees to be	14693
necessary for such purpose, including costs of financing, legal	14694
services, and other incidental costs, and shall be payable in such	14695
number of annual installments, not less than one, as the board of	14696
trustees prescribes, together with interest on any water resource	14697
revenue notes and bonds which may be issued in anticipation of the	14698
collection of such assessments.	14699

If the board of trustees proposes to obtain funds in	14700
accordance with this section, it shall determine by resolution	14701
that it is necessary to construct the water resource project and	14702
to maintain and operate the same on behalf of the district.	14703

Prior to the adoption of the resolution making such	14704
determination, the board of trustees shall give notice of the	14705
pendency thereof and of the proposed determination of the	14706
necessity of the construction of such project therein generally	14707
described, and such notice shall set forth a description of the	14708
properties to be benefited by such project and the time and place	14709
of a hearing of objections to, and endorsements of, such project.	14710
Such notice shall be given by publication in ~~at least~~ one	14711
newspaper ~~having a~~of general circulation in the district once a	14712
week for two consecutive weeks or as provided in section 7.16 of	14713
the Revised Code, the first publication to be at least two weeks	14714
prior to the date set for the hearing, provided that the board of	14715
trustees may give, or cause to be given, such alternative or	14716
further notice of such hearing as it finds to be necessary or	14717
appropriate. At such hearing, or at any adjournment thereof, of	14718
which no further notice need be given, the board of trustees shall	14719
hear all owners whose properties are proposed to be assessed and	14720
such other evidence as is considered to be necessary, and may then	14721
adopt its resolution determining that the proposed project is	14722
necessary and should be undertaken by the district. In such	14723
resolution, the board of trustees shall direct the preparation of	14724
the estimated assessments upon the benefited properties and by	14725
whom they shall be prepared.	14726

After such assessments have been prepared and filed in the	14727
office of the secretary of the board of trustees and prior to the	14728
adoption of the resolution levying such assessments, the board of	14729
trustees shall give notice of the pendency of such resolution and	14730
of the proposed determination to levy such assessments, and such	14731
notice shall set forth the time and place of a hearing of	14732
objections to such assessments. Such notice shall be given by	14733
publication once in ~~at least~~ one newspaper ~~having a~~of general	14734
circulation in the district, such publication to be made at least	14735
ten days prior to the date set for the hearing, provided that the	14736
board of trustees may give or cause to be given, such alternative	14737
of further notice of such hearing as it finds to be necessary or	14738
appropriate. At such hearing, or at any adjournment thereof, of	14739
which no further notice need be given, the board of trustees shall	14740
hear all persons whose properties are proposed to be assessed,	14741
shall correct any errors and make any revisions in the estimated	14742
assessments that appear to be necessary or just, and may then	14743
adopt a resolution levying upon the properties determined to be	14744
benefited the assessments as originally prepared or as so	14745
corrected and revised.	14746

The board of trustees shall have the power at any time to	14747
levy additional assessments upon such properties to complete the	14748
payment of the costs for which the original assessments were	14749
levied or to provide funds for any additional plans,	14750
specifications, estimates of cost, tentative assessments, and	14751
other incidental costs, provided that the board shall first have	14752
held a hearing on objections to such additional assessments in the	14753
same manner as required by this section with respect to such	14754
original assessments. Such additional assessments shall be payable	14755
in such number of annual installments, not less than one, as the	14756
board of trustees prescribes, together with interest on any water	14757
resource revenue notes and bonds which may be issued in	14758
anticipation of the collection of such assessments.	14759

The board of trustees may authorize contracts to carry out	14760
the purposes for which such assessments have been levied without	14761
the prior issuance of water resource revenue notes and bonds,	14762
provided that the payments to be made by the district do not fall	14763
due prior to the times when such assessments shall be collected.	14764

Section 2. That existing sections 7.10, 7.11, 7.12, 118.17,	14765
131.23, 133.18, 133.55, 135.05, 301.02, 301.15, 301.28, 306.35,	14766
306.43, 306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 307.70,	14767
307.79, 307.791, 307.81, 307.82, 307.83, 308.13, 317.20, 319.11,	14768
321.18, 322.02, 322.021, 323.08, 324.02, 324.021, 343.08, 345.03,	14769
349.03, 501.07, 503.05, 503.162, 503.41, 504.02, 504.03, 504.12,	14770
504.21, 505.108, 505.17, 505.264, 505.28, 505.373, 505.55, 505.73,	14771
511.23, 511.25, 511.28, 511.34, 513.14, 515.04, 517.12, 517.22,	14772
521.03, 705.16, 711.35, 715.011, 715.47, 718.09, 718.10,	14773
719.012, 719.05, 721.03, 721.15, 721.20, 723.07, 727.011,	14774
727.012, 727.08, 727.14, 727.46, 729.08, 729.11, 731.141, 731.20,	14775
731.21, 731.211, 731.22, 731.23, 731.24, 731.25, 735.05, 735.20,	14776
737.32, 745.07, 747.05, 747.11, 747.12, 755.41, 755.42, 755.43,	14777
759.47, 951.11, 1515.08, 1515.24, 1545.09, 1545.12, 1547.302,	14778
1711.05, 1711.07, 1711.18, 1711.30, 1728.06, 2105.09, 2329.26,	14779
2329.27, 3311.21, 3311.213, 3311.214, 3311.50, 3311.53, 3311.73,	14780
3313.41, 3313.533, 3313.911, 3349.29, 3354.12, 3355.09, 3375.41,	14781
3381.11, 3501.03, 3505.13, 3709.21, 3735.36, 3735.66, 4301.80,	14782
4301.81, 4503.06, 4504.02, 4504.021, 4504.15, 4504.16, 4504.18,	14783
4513.62, 4582.31, 4585.10, 4928.20, 4929.26, 4929.27, 4931.51,	14784
4931.52, 4931.53, 5126.42, 5310.35, 5540.031, 5540.05, 5543.10,	14785
5552.06, 5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27,	14786
5555.42, 5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011,	14787
5573.02, 5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5705.16,	14788
5705.191, 5705.194, 5705.196, 5705.21, 5705.211, 5705.218,	14789
5705.25, 5705.251, 5705.261, 5705.314, 5705.71, 5713.01, 5715.17,	14790
5715.23, 5719.04, 5721.01, 5721.03, 5721.04, 5721.31, 5722.13,	14791
5723.05, 5727.57, 5733.23, 5739.021, 5739.022, 5739.026,	14792
5739.101, 5747.451, 5748.02, 5748.021, 5748.04, 5748.08, 6101.16,	14793
6103.05, 6103.06, 6103.081, 6103.31, 6105.131, 6115.01, 6115.20,	14794
6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 6119.22,	14795
6119.25, and 6119.58 of the Revised Code are hereby repealed.	14796

Section 3. That sections 7.14 and 701.04 of the Revised Code	14797
are hereby repealed.	14798

Section 4. The General Assembly, applying the principle	14799
stated in division (B) of section 1.52 of the Revised Code that	14800
amendments are to be harmonized if reasonably capable of	14801
simultaneous operation, finds that the following sections,	14802
presented in this act as composites of the sections as amended by	14803
the acts indicated, are the resulting versions of the sections in	14804
effect prior to the effective date of the sections as presented in	14805
this act:	14806

Section 5723.05 of the Revised Code is presented in this act	14807
as a composite of the section as amended by both Am. Sub. H.B.	14808
387 and Am. Sub. H.B. 576 of the 118th General Assembly.	14809