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To amend sections 7.10, 7.11, 7.12, 118.17, 131.23, | 1 |
133.18, 133.55, 135.05, 301.02, 301.15, 301.28, | 2 |
306.35, 306.43, 306.70, 307.022, 307.041, 307.10, | 3 |
307.12, 307.676, 307.70, 307.79, 307.791, 307.81, | 4 |
307.82, 307.83, 308.13, 317.20, 319.11, 319.54, | 5 |
321.18, 322.02, 322.021, 323.08, 323.73, 324.02, | 6 |
324.021, 343.08, 345.03, 349.03, 501.07, 503.05, | 7 |
503.162, 503.41, 504.02, 504.03, 504.12, 504.21, | 8 |
505.108, 505.17, 505.264, 505.28, 505.373, 505.55, | 9 |
505.73, 511.23, 511.25, 511.28, 511.34, 513.14, | 10 |
515.04, 517.12, 517.22, 521.03, 705.16, 711.35, | 11 |
715.011, 715.47, 718.09, 718.10, 719.012, 719.05, | 12 |
721.03, 721.15, 721.20, 723.07, 727.011, 727.012, | 13 |
727.08, 727.14, 727.46, 729.08, 729.11, 731.141, | 14 |
731.20, 731.21, 731.211, 731.22, 731.23, 731.24, | 15 |
731.25, 735.05, 735.20, 737.32, 745.07, 747.05, | 16 |
747.11, 747.12, 755.41, 755.42, 755.43, 759.47, | 17 |
951.11, 1515.08, 1515.24, 1545.09, 1545.12, | 18 |
1547.302, 1711.05, 1711.07, 1711.18, 1711.30, | 19 |
1728.06, 2105.09, 2329.26, 3311.21, 3311.213, | 20 |
3311.214, 3311.50, 3311.53, 3311.73, 3313.41, | 21 |
3313.533, 3313.911, 3349.29, 3354.12, 3355.09, | 22 |
3375.41, 3381.11, 3501.03, 3505.13, 3709.21, | 23 |
3735.36, 3735.66, 4301.80, 4301.81, 4503.06, | 24 |
4504.02, 4504.021, 4504.15, 4504.16, 4504.18, | 25 |
4513.62, 4582.31, 4585.10, 4928.20, 4929.26, | 26 |
4929.27, 4931.51, 4931.52, 4931.53, 5126.42, | 27 |
5310.35, 5540.031, 5540.05, 5543.10, 5552.06, | 28 |
5553.05, 5553.19, 5553.23, 5553.42, 5555.07, | 29 |
5555.27, 5555.42, 5559.06, 5559.10, 5559.12, | 30 |
5561.04, 5561.08, 5571.011, 5573.02, 5573.10, | 31 |
5575.01, 5575.02, 5591.15, 5593.08, 5705.16, | 32 |
5705.191, 5705.194, 5705.196, 5705.21, 5705.211, | 33 |
5705.218, 5705.25, 5705.251, 5705.261, 5705.314, | 34 |
5705.71, 5713.01, 5715.17, 5715.23, 5719.04, | 35 |
5721.01, 5721.03, 5721.04, 5721.18, 5721.31, | 36 |
5722.13, 5723.05, 5727.57, 5733.23, 5739.021, | 37 |
5739.022, 5739.026, 5739.101, 5747.451, 5748.02, | 38 |
5748.021, 5748.04, 5748.08, 6101.16, 6103.05, | 39 |
6103.06, 6103.081, 6103.31, 6105.131, 6115.01, | 40 |
6115.20, 6117.06, 6117.07, 6117.251, 6117.49, | 41 |
6119.10, 6119.18, 6119.22, 6119.25, and 6119.58, | 42 |
to enact section 7.16, and to repeal sections 7.14 | 43 |
and 701.04 of the Revised Code to implement the | 44 |
recommendations of the Local Government Public | 45 |
Notice Task Force by generally authorizing legal | 46 |
publication to be made by local governments in a | 47 |
newspaper of general circulation, eliminating | 48 |
certain publication and postal privilege | 49 |
requirements, reducing the number of times | 50 |
publication must be made, requiring newspapers to | 51 |
establish a government rate for publication, | 52 |
allowing publication of a summary of an ordinance | 53 |
rather than publishing it in its entirety, and | 54 |
allowing a flat fee to be charged delinquent tax | 55 |
payers for the costs of publishing delinquent real | 56 |
property tax lists. | 57 |
Section 1. That sections 7.10, 7.11, 7.12, 118.17, 131.23, | 58 |
133.18, 133.55, 135.05, 301.02, 301.15, 301.28, 306.35, 306.43, | 59 |
306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 307.70, 307.79, | 60 |
307.791, 307.81, 307.82, 307.83, 308.13, 317.20, 319.11, 319.54, | 61 |
321.18, 322.02, 322.021, 323.08, 323.73, 324.02, 324.021, 343.08, | 62 |
345.03, 349.03, 501.07, 503.05, 503.162, 503.41, 504.02, 504.03, | 63 |
504.12, 504.21, 505.108, 505.17, 505.264, 505.28, 505.373, 505.55, | 64 |
505.73, 511.23, 511.25, 511.28, 511.34, 513.14, 515.04, 517.12, | 65 |
517.22, 521.03, 705.16, 711.35, 715.011, 715.47, 718.09, 718.10, | 66 |
719.012, 719.05, 721.03, 721.15, 721.20, 723.07, 727.011, 727.012, | 67 |
727.08, 727.14, 727.46, 729.08, 729.11, 731.141, 731.20, 731.21, | 68 |
731.211, 731.22, 731.23, 731.24, 731.25, 735.05, 735.20, 737.32, | 69 |
745.07, 747.05, 747.11, 747.12, 755.41, 755.42, 755.43, 759.47, | 70 |
951.11, 1515.08, 1515.24, 1545.09, 1545.12, 1547.302, 1711.05, | 71 |
1711.07, 1711.18, 1711.30, 1728.06, 2105.09, 2329.26, 3311.21, | 72 |
3311.213, 3311.214, 3311.50, 3311.53, 3311.73, 3313.41, 3313.533, | 73 |
3313.911, 3349.29, 3354.12, 3355.09, 3375.41, 3381.11, 3501.03, | 74 |
3505.13, 3709.21, 3735.36, 3735.66, 4301.80, 4301.81, 4503.06, | 75 |
4504.02, 4504.021, 4504.15, 4504.16, 4504.18, 4513.62, 4582.31, | 76 |
4585.10, 4928.20, 4929.26, 4929.27, 4931.51, 4931.52, 4931.53, | 77 |
5126.42, 5310.35, 5540.031, 5540.05, 5543.10, 5552.06, 5553.05, | 78 |
5553.19, 5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 5559.06, | 79 |
5559.10, 5559.12, 5561.04, 5561.08, 5571.011, 5573.02, 5573.10, | 80 |
5575.01, 5575.02, 5591.15, 5593.08, 5705.16, 5705.191, 5705.194, | 81 |
5705.196, 5705.21, 5705.211, 5705.218, 5705.25, 5705.251, | 82 |
5705.261, 5705.314, 5705.71, 5713.01, 5715.17, 5715.23, 5719.04, | 83 |
5721.01, 5721.03, 5721.04, 5721.18, 5721.31, 5722.13, 5723.05, | 84 |
5727.57, 5733.23, 5739.021, 5739.022, 5739.026, 5739.101, | 85 |
5747.451, 5748.02, 5748.021, 5748.04, 5748.08, 6101.16, 6103.05, | 86 |
6103.06, 6103.081, 6103.31, 6105.131, 6115.01, 6115.20, 6117.06, | 87 |
6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 6119.22, 6119.25, | 88 |
and 6119.58 be amended and section 7.16 of the Revised Code be | 89 |
enacted to read as follows: | 90 |
Sec. 7.10. For the publication of advertisements, notices, | 91 |
and proclamations, except those relating to proposed amendments to | 92 |
the Ohio | 93 |
public officer of the state, | 94 |
95 | |
a trustee, assignee, executor, or administrator, or by or in any | 96 |
court of record, except when the rate is otherwise fixed by law, | 97 |
publishers of newspapers may charge and receive for such | 98 |
advertisements, notices, and proclamations rates charged on annual | 99 |
contracts by them for a like amount of space to other advertisers | 100 |
who advertise in its general display advertising columns. | 101 |
For the publication of advertisements, notices, or | 102 |
proclamations required to be published by a public officer of a | 103 |
county, municipal corporation, township, school, or other | 104 |
political subdivision, publishers of newspapers shall establish a | 105 |
government rate, which shall include free publication of | 106 |
advertisements, notices, or proclamations on the newspaper's | 107 |
internet web site, if the newspaper has one. The government rate | 108 |
shall not exceed the lowest classified advertising rate and lowest | 109 |
insert rate paid by other advertisers. | 110 |
Legal advertising, except that relating to proposed | 111 |
amendments to the Ohio
| 112 |
in a compact form, without unnecessary spaces, blanks, or | 113 |
headlines, and printed in not smaller than six-point type. The | 114 |
type used must be of such proportions that the body of the capital | 115 |
letter M is no wider than it is high and all other letters and | 116 |
characters are in proportion. | 117 |
Except as provided in section 2701.09 of the Revised Code, | 118 |
all legal advertisements or notices shall be printed in newspapers | 119 |
120 | |
also shall be posted on a newspaper's internet web site, if the | 121 |
newspaper has one. | 122 |
Sec. 7.11. A proclamation for an election, an order fixing | 123 |
the time of holding court, notice of the rates of taxation, bridge | 124 |
and pike notices, notice to contractors, and such other | 125 |
advertisements of general interest to the taxpayers as the county | 126 |
auditor, county treasurer, probate judge, or board of county | 127 |
commissioners deems proper shall be published in | 128 |
newspaper of | 129 |
in section
| 130 |
131 | |
132 | |
133 | |
134 | |
135 | |
136 | |
137 | |
cities of eight thousand inhabitants or more, not the county seat | 138 |
of such counties, additional publication of such notice shall be | 139 |
made in
| 140 |
general circulation | 141 |
such city. | 142 |
143 | |
144 | |
145 | |
146 |
The cost of any publication authorized by this section, which | 147 |
148 | |
government rate
| 149 |
section 7.10 of the Revised Code. | 150 |
Sec. 7.12. (A) Whenever | 151 |
subdivision is required by law to | 152 |
publication in a newspaper | 153 |
154 | |
be a newspaper of general circulation in the
| 155 |
156 | |
157 | |
158 | |
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160 | |
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162 | |
163 | |
164 | |
165 | |
166 | |
167 | |
168 | |
169 | |
170 | |
171 | |
172 |
| 173 |
"newspaper of general circulation," except those publications | 174 |
performing the functions described in section 2701.09 of the | 175 |
Revised Code for a period of | 176 |
preceding any such publication required to be made, shall be a | 177 |
publication bearing a title or name | 178 |
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180 | |
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183 | |
184 | |
185 | |
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187 | |
188 | |
and that meets all of the following requirements: | 189 |
(1) It is printed in the English language using standard | 190 |
printing methods, being not less than eight pages in the | 191 |
broadsheet format or sixteen pages in the tabloid format. | 192 |
(2) It contains at least twenty-five per cent editorial | 193 |
content, which includes, but is not limited to, local news, | 194 |
political information, and local sports. | 195 |
(3) It has been published continuously for at least three | 196 |
years immediately preceding legal publication by the political | 197 |
subdivision. | 198 |
(4) The publication has the ability to add to its | 199 |
distribution list subscribers in the political subdivision. | 200 |
(5) The publication is circulated generally by United States | 201 |
mail or carrier delivery in the political subdivision responsible | 202 |
for legal publication, by proof of the filing of a United States | 203 |
postal service "Statement of Ownership, Management, and | 204 |
Circulation" (PS form 3526) with the local postmaster, or by proof | 205 |
of an independent audit of the publication performed, within the | 206 |
twelve months immediately preceding legal publication. | 207 |
(B) A person who disagrees that a publication is a "newspaper | 208 |
of general circulation" in which legal publication may be made | 209 |
under this section may deliver a written request for mediation to | 210 |
the publisher of the publication and to the court of common pleas | 211 |
of the county in which is located the political subdivision in | 212 |
which the publication is circulated. The court of common pleas | 213 |
shall appoint a mediator, and the parties shall follow the | 214 |
procedures of the mediation program operated by the court. | 215 |
Sec. 7.16. (A) If a section of the Revised Code requires a | 216 |
political subdivision to publish a notice or advertisement two or | 217 |
more times in a newspaper of general circulation, the section | 218 |
refers to this section, and the political subdivision operates and | 219 |
maintains an internet web site, the first publication of the | 220 |
notice or advertisement shall be made in its entirety in a | 221 |
newspaper of general circulation and may be made in a pre-printed | 222 |
insert in the newspaper, but the second publication otherwise | 223 |
required by that section may be made in abbreviated form in a | 224 |
newspaper of general circulation in the political subdivision | 225 |
designated in that section and on the newspaper's internet web | 226 |
site, if the newspaper has one. The political subdivision may | 227 |
eliminate any further newspaper publications required by that | 228 |
section, provided that the second, abbreviated notice or | 229 |
advertisement meets all of the following requirements: | 230 |
(1) It is published in the newspaper of general circulation | 231 |
in which the first publication of the notice or advertisement was | 232 |
made and is published on that newspaper's internet web site, if | 233 |
the newspaper has one. | 234 |
(2) It includes a statement that the notice or advertisement | 235 |
is posted in its entirety on the political subdivision's internet | 236 |
web site. | 237 |
(3) It includes the political subdivision's and the | 238 |
newspaper's internet addresses on the world wide web. | 239 |
(4) It includes instructions for accessing the notice or | 240 |
advertisement on the subdivision's and newspaper's internet web | 241 |
sites. | 242 |
(5) It is of sufficient size that it is at least one-half of | 243 |
the size of the first publication in the newspaper. | 244 |
(B) A notice or advertisement published under this section on | 245 |
a political subdivision's internet web site shall be published in | 246 |
its entirety in accordance with the section of the Revised Code | 247 |
that requires the publication. | 248 |
(C) If a political subdivision does not operate and maintain, | 249 |
or ceases to operate and maintain, an internet web site, the | 250 |
political subdivision shall not publish a notice or advertisement | 251 |
under this section, but instead shall comply with the publication | 252 |
requirements of the section of the Revised Code that refers to | 253 |
this section. | 254 |
Sec. 118.17. (A) During a fiscal emergency period and with | 255 |
the approval of the financial planning and supervision commission, | 256 |
a municipal corporation, county, or township may issue local | 257 |
government fund notes, in anticipation of amounts to be allocated | 258 |
to it pursuant to division (B) of section 5747.50 of the Revised | 259 |
Code or to be apportioned to it under section 5747.51 or 5747.53 | 260 |
of the Revised Code in a future year or years, for a period of no | 261 |
more than eight calendar years. The principal amount of the notes | 262 |
and interest on the notes due and payable in any year shall not | 263 |
exceed fifty per cent of the total amount of local government fund | 264 |
moneys so allocated or apportioned to the municipal corporation, | 265 |
county, or township for the year preceding the year in which the | 266 |
notes are issued. The notes may mature in semiannual or annual | 267 |
installments in such amounts as may be fixed by the commission, | 268 |
and need not mature in substantially equal semiannual or annual | 269 |
installments. The notes of a municipal corporation may be | 270 |
authorized and issued, subject to the approval of the commission, | 271 |
in the manner provided in sections 717.15 and 717.16 of the | 272 |
Revised Code, except that, notwithstanding division (A)(2) of | 273 |
section 717.16 of the Revised Code, the rate or rates of interest | 274 |
payable on the notes shall be the prevailing market rate or rates | 275 |
as determined and approved by the commission, and except that they | 276 |
shall not be issued in anticipation of bonds, shall not constitute | 277 |
general obligations of the municipal corporation, and shall not | 278 |
pledge the full faith and credit of the municipal corporation. | 279 |
(B) The principal and interest on the notes provided for in | 280 |
this section shall be payable, as provided in this section, solely | 281 |
from the portion of the local government fund that would otherwise | 282 |
be apportioned to the municipal corporation, county, or township | 283 |
and shall not be payable from or constitute a pledge of or claim | 284 |
upon, or require the levy, collection, or application of, any | 285 |
unvoted ad valorem property taxes or other taxes, or in any manner | 286 |
occupy any portion of the indirect debt limit. | 287 |
(C) Local government fund notes may be issued only to the | 288 |
extent needed to achieve one or more of the following objectives | 289 |
of the financial plan: | 290 |
(1) Satisfying any contractual or noncontractual judgments, | 291 |
past due accounts payable, and all past due and payable payroll | 292 |
and fringe benefits to be taken into account under section 118.03 | 293 |
of the Revised Code; | 294 |
(2) Restoring to construction funds or other restricted funds | 295 |
any money applied from such funds to uses not within the purposes | 296 |
of such funds and which could not be transferred to such use under | 297 |
section 5705.14 of the Revised Code; | 298 |
(3) Eliminating deficit balances in all deficit funds, | 299 |
including funds that may be used to pay operating expenses. | 300 |
In addition to the objectives set forth in divisions (C)(1) | 301 |
to (3) of this section, local government fund notes may be issued | 302 |
and the proceeds of those notes may be used for the purpose of | 303 |
retiring or replacing other moneys used to retire current revenue | 304 |
notes issued pursuant to section 118.23 of the Revised Code to the | 305 |
extent that the proceeds of the current revenue notes have been or | 306 |
are to be used directly or to replace other moneys used to achieve | 307 |
one or more of the objectives of the financial plan specified in | 308 |
divisions (C)(1) to (3) of this section. Upon authorization of the | 309 |
local government fund notes by the legislative authority of the | 310 |
municipal corporation, county, or township, the proceeds of the | 311 |
local government fund notes and the proceeds of any such current | 312 |
revenue notes shall be deemed to be appropriated, to the extent | 313 |
that the proceeds have been or are to be so used, for the purposes | 314 |
for which the revenues anticipated by any such current revenue | 315 |
notes are collected and appropriated within the meaning of section | 316 |
133.10 of the Revised Code. | 317 |
(D) The need for an issue of local government fund notes for | 318 |
such purposes shall be determined by taking into consideration | 319 |
other money and sources of moneys available therefor under this | 320 |
chapter or other provisions of law, and calculating the respective | 321 |
amounts needed therefor in accordance with section 118.03 of the | 322 |
Revised Code, including the deductions or offsets therein | 323 |
provided, for determining that a fiscal emergency condition | 324 |
exists, and by eliminating any duplication of amounts thereunder. | 325 |
The respective amounts needed to achieve such objectives and the | 326 |
resulting aggregate net amount shall be determined initially by a | 327 |
certification of the fiscal officer as and to the extent approved | 328 |
by the financial supervisor. The principal amount of such notes | 329 |
shall not exceed the aggregate net amount needed for such | 330 |
purposes. The aggregate amount of all issues of such notes shall | 331 |
not exceed three times the average of the allocation or | 332 |
apportionment to the municipal corporation, county, or township of | 333 |
moneys from the local government fund in each of the three fiscal | 334 |
years preceding the fiscal year in which the notes are issued. | 335 |
(E) The proceeds of the sale of local government fund notes | 336 |
shall be appropriated by the municipal corporation, county, or | 337 |
township for and shall be applied only to the purposes, and in the | 338 |
respective amounts for those purposes, set forth in the | 339 |
certification given pursuant to division (D) of this section, as | 340 |
the purposes and amounts may be modified in the approval by the | 341 |
commission provided for in this section. The proceeds shall be | 342 |
deposited in separate accounts with a fiscal agent designated in | 343 |
the resolution referred to in division (F) of this section and | 344 |
released only for such respective purposes in accordance with the | 345 |
procedures set forth in division (D) of section 118.20 of the | 346 |
Revised Code. Any amounts not needed for such purposes shall be | 347 |
deposited with the fiscal agent designated to receive deposits for | 348 |
payment of the principal of and interest due on the notes. | 349 |
(F) An application for approval by the financial planning and | 350 |
supervision commission of an issue of local government fund notes | 351 |
shall be authorized by a preliminary resolution adopted by the | 352 |
legislative authority. The resolution may authorize the | 353 |
application as a part of the initial submission of the financial | 354 |
plan for approval or as a part of any proposed amendment to an | 355 |
approved financial plan or at any time after the approval of a | 356 |
financial plan, or amendment to a financial plan, that proposes | 357 |
the issue of such notes. The preliminary resolution shall | 358 |
designate a fiscal agent for the deposit of the proceeds of the | 359 |
sale of the notes, and shall contain a covenant of the municipal | 360 |
corporation, county, or township to comply with this chapter and | 361 |
the financial plan. | 362 |
The commission shall review and evaluate the application and | 363 |
supporting certification and financial supervisor action, and | 364 |
shall thereupon certify its approval or disapproval, or | 365 |
modification and approval, of the application. | 366 |
The commission shall certify the amounts, maturities, | 367 |
interest rates, and terms of issue of the local government fund | 368 |
notes approved by the commission and the purposes to which the | 369 |
proceeds of the sale of the notes will be applied in respective | 370 |
amounts. | 371 |
The commission shall certify a copy of its approval, of the | 372 |
preliminary resolution, and of the related certification and | 373 |
action of the financial supervisor to the fiscal officer, the | 374 |
financial supervisor, the county budget commission, the county | 375 |
auditor, the county treasurer, and the fiscal agent designated to | 376 |
receive and disburse the proceeds of the sale of the notes. | 377 |
(G) Upon the sale of any local government fund notes issued | 378 |
under this section, the commission shall determine a schedule for | 379 |
the deposit of local government fund distributions that are | 380 |
pledged for the payment of the principal of and interest on the | 381 |
notes with the fiscal agent or trustee designated in the agreement | 382 |
between the municipal corporation, county, or township and the | 383 |
holders of the notes to receive and disburse the distributions. | 384 |
The amounts to be deposited shall be adequate to provide for the | 385 |
payment of principal and interest on the notes when due and to pay | 386 |
all other proper charges, costs, or expenses pertaining thereto. | 387 |
The amount of the local government fund moneys apportioned to | 388 |
the municipal corporation, county, or township that is to be so | 389 |
deposited in each year shall not be included in the tax budget and | 390 |
appropriation measures of the municipal corporation, county, or | 391 |
township, or in certificates of estimated revenues, for that year. | 392 |
The commission shall certify the schedule to the officers | 393 |
designated in division (F) of this section. | 394 |
(H) Deposit of amounts with the fiscal agent or trustee | 395 |
pursuant to the schedule determined by the commission shall be | 396 |
made from local government fund distributions to or apportioned to | 397 |
the municipal corporation, county, or township as provided in this | 398 |
division. The apportionment of local government fund moneys to the | 399 |
municipal corporation, county, or township for any year from the | 400 |
undivided local government fund shall be determined as to the | 401 |
municipal corporation, county, or township without regard to the | 402 |
amounts to be deposited with the fiscal agent or trustee in that | 403 |
year in accordance with division (G) of this section. After the | 404 |
amount of the undivided local government fund apportioned to the | 405 |
municipal corporation, county, or township for a calendar year is | 406 |
determined, the county auditor and the county treasurer shall | 407 |
withhold from each monthly amount to be distributed to the | 408 |
municipal corporation, county, or township from the undivided | 409 |
local government fund, and transmit to the fiscal agent or trustee | 410 |
for deposit, one-twelfth of the amount scheduled for deposit in | 411 |
that year pursuant to division (G) of this section. | 412 |
(I) If the commission approves the application, the municipal | 413 |
corporation, county, or township may proceed with the issuance of | 414 |
the notes as approved by the commission. | 415 |
All notes issued under authority of this section are lawful | 416 |
investments for the entities enumerated in division (A)(1) of | 417 |
section 133.03 of the Revised Code and are eligible as security | 418 |
for the repayment of the deposit of public moneys. | 419 |
Upon the issuance of any notes under this section, the fiscal | 420 |
officer of the municipal corporation, county, or township shall | 421 |
certify the fact of the issuance to the county auditor and shall | 422 |
also certify to the county auditor the last calendar year in which | 423 |
any of the notes are scheduled to mature. | 424 |
(J) After the legislative authority of the municipal | 425 |
corporation, county, or township has passed an ordinance or | 426 |
resolution authorizing the issuance of local government fund notes | 427 |
and subsequent to the commission's preliminary or final approval | 428 |
of the ordinance or resolution, the director of law, prosecuting | 429 |
attorney, or other chief legal officer of the municipal | 430 |
corporation, county, or township shall certify a sample of the | 431 |
form and content of a note to be used to issue the local | 432 |
government fund notes to the commission. The commission shall | 433 |
determine whether the sample note is consistent with this section | 434 |
and the ordinance or resolution authorizing the issuance of the | 435 |
local government fund notes, and if the sample note is found to be | 436 |
consistent with this section and the ordinance, the commission | 437 |
shall approve the sample note for use by the municipal | 438 |
corporation, county, or township. The form and content of the | 439 |
notes to be used by the municipal corporation, county, or township | 440 |
in issuing the local government fund notes may be modified at any | 441 |
time subsequent to the commission's approval of the sample note | 442 |
upon the approval of the commission and the director of law, | 443 |
prosecuting attorney, or other chief legal officer of the | 444 |
municipal corporation, county, or township. The failure of the | 445 |
director of law, prosecuting attorney, or other chief legal | 446 |
officer of the municipal corporation, county, or township to make | 447 |
the certification required by this division shall not subject that | 448 |
legal officer to removal pursuant to the Revised Code or the | 449 |
charter of a municipal corporation. If the director of law, | 450 |
prosecuting attorney, or other chief legal officer fails or | 451 |
refuses to make the certification required by this division, or if | 452 |
any officer of the municipal corporation, county, or township | 453 |
fails or refuses to take any action required by this section or | 454 |
the ordinance or resolution authorizing the issuance or sale of | 455 |
local government fund notes, the mayor of the municipal | 456 |
corporation or the board of county commissioners or board of | 457 |
township trustees may cause the commencement of a mandamus action | 458 |
in the supreme court against the director of law, prosecuting | 459 |
attorney, or other chief legal officer to secure the certification | 460 |
required by this division or other action required by this section | 461 |
or the ordinance or resolution. If an adjudication of the matters | 462 |
that could be adjudicated in validation proceedings under section | 463 |
133.70 of the Revised Code is necessary to a determination of the | 464 |
mandamus action, the mayor, the board of county commissioners, or | 465 |
the board of township trustees or the mayor's or board's legal | 466 |
counsel shall name and cause to be served as defendants to the | 467 |
mandamus action all of the following: | 468 |
(1) The director of law, prosecuting attorney, or other chief | 469 |
legal officer, or other official of the municipal corporation, | 470 |
county, or township, whose failure or refusal to act necessitated | 471 |
the action; | 472 |
(2) The municipal corporation, through its mayor, or the | 473 |
board of county commissioners or board of township trustees; | 474 |
(3) The financial planning and supervision commission, | 475 |
through its chairperson; | 476 |
(4) The prosecuting attorney and auditor of each county in | 477 |
which the municipal corporation, county, or township is located, | 478 |
in whole or in part; | 479 |
(5) The auditor of state; | 480 |
(6) The property owners, taxpayers, citizens of the municipal | 481 |
corporation, county, or township and others having or claiming any | 482 |
right, title, or interest in any property or funds to be affected | 483 |
by the issuance of the local government fund notes by the | 484 |
municipal corporation, county, or township, or otherwise affected | 485 |
in any way thereby. | 486 |
Service upon all defendants described in division (J)(6) of | 487 |
this section shall be either by publication three times, with at | 488 |
least six days between each publication, in a newspaper of general | 489 |
circulation in Franklin county and a newspaper of general | 490 |
circulation in the county or counties where the municipal | 491 |
corporation, county, or township is located, or by publication in | 492 |
both such newspapers as provided in section 7.16 of the Revised | 493 |
Code. The publication and the notice shall indicate that the | 494 |
nature of the action is in mandamus, the name of the parties to | 495 |
the action, and that the action may result in the validation of | 496 |
the subject local government fund notes. Authorization to commence | 497 |
such an action by the legislative authority of the municipal | 498 |
corporation, county, or township is not required. | 499 |
A copy of the complaint in the mandamus action shall be | 500 |
served personally or by certified mail upon the attorney general. | 501 |
If the attorney general has reason to believe that the complaint | 502 |
is defective, insufficient, or untrue, or if in the attorney | 503 |
general's opinion the issuance of the local government fund notes | 504 |
is not lawful or has not been duly authorized, defense shall be | 505 |
made to the complaint as the attorney general considers proper. | 506 |
(K) The action in mandamus authorized by division (J) of this | 507 |
section shall take priority over all other civil cases pending in | 508 |
the court, except habeas corpus, and shall be determined with the | 509 |
least possible delay. The supreme court may determine that the | 510 |
local government fund notes will be consistent with the purpose | 511 |
and effects, including not occupying the indirect debt limit, | 512 |
provided for in this section and will be validly issued and | 513 |
acquired. Such a determination shall include a finding of | 514 |
validation of the subject local government fund notes if the court | 515 |
specifically finds that: | 516 |
(1) The complaint in mandamus, or subsequent pleadings, | 517 |
include appropriate allegations required by division (C) of | 518 |
section 133.70 of the Revised Code, and that the proceeding is in | 519 |
lieu of an action to validate under section 133.70 of the Revised | 520 |
Code; | 521 |
(2) All parties described in divisions (J)(1) to (6) of this | 522 |
section have been duly served with notice or are otherwise | 523 |
properly before the court; | 524 |
(3) Notice of the action has been published as required by | 525 |
division (J) of this section; | 526 |
(4) The effect of validation is required to provide a | 527 |
complete review and determination of the controversy in mandamus, | 528 |
and to avoid duplication of litigation, danger of inconsistent | 529 |
results, or inordinate delay in light of the fiscal emergency, or | 530 |
that a disposition in the mandamus action would, as a practical | 531 |
matter, be dispositive of any subsequent validation proceedings | 532 |
under section 133.70 of the Revised Code. | 533 |
(L) Any decision that includes a finding of validation has | 534 |
the same effect as a validation order established by an action | 535 |
under section 133.70 of the Revised Code. | 536 |
(M) Divisions (J) and (K) of this section do not prevent a | 537 |
municipal corporation, county, or township from using section | 538 |
133.70 of the Revised Code to validate local government fund notes | 539 |
by the filing of a petition for validation in the court of common | 540 |
pleas of the county in which the municipal corporation, county, or | 541 |
township is located, in whole or in part. | 542 |
(N) It is hereby determined by the general assembly that a | 543 |
validation action authorized by section 133.70 of the Revised Code | 544 |
is not an adequate remedy at law with respect to a municipal | 545 |
corporation, county, or township that is a party to a mandamus | 546 |
action pursuant to divisions (J) and (K) of this section and in | 547 |
which a fiscal emergency condition has been determined to exist | 548 |
pursuant to section 118.04 of the Revised Code because of, but not | 549 |
limited to, the following reasons: | 550 |
(1) It is urgently necessary for such a municipal | 551 |
corporation, county, or township to take prompt action to issue | 552 |
local government fund notes for the purposes provided in division | 553 |
(C) of this section; | 554 |
(2) The potentially ruinous effect upon the fiscal condition | 555 |
of a municipal corporation, county, or township by the passage of | 556 |
the time required to adjudicate such a separate validation action | 557 |
and any appeals thereof; | 558 |
(3) The reasons stated in division (K)(4) of this section. | 559 |
Sec. 131.23. The various political subdivisions of this | 560 |
state may issue bonds, and any indebtedness created by that | 561 |
issuance shall not be subject to the limitations or included in | 562 |
the calculation of indebtedness prescribed by sections 133.05, | 563 |
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may | 564 |
be issued only under the following conditions: | 565 |
(A) The subdivision desiring to issue the bonds shall obtain | 566 |
from the county auditor a certificate showing the total amount of | 567 |
delinquent taxes due and unpayable to the subdivision at the last | 568 |
semiannual tax settlement. | 569 |
(B) The fiscal officer of that subdivision shall prepare a | 570 |
statement, from the books of the subdivision, verified by the | 571 |
fiscal officer under oath, which shall contain the following facts | 572 |
of the subdivision: | 573 |
(1) The total bonded indebtedness; | 574 |
(2) The aggregate amount of notes payable or outstanding | 575 |
accounts of the subdivision, incurred prior to the commencement of | 576 |
the current fiscal year, which shall include all evidences of | 577 |
indebtedness issued by the subdivision except notes issued in | 578 |
anticipation of bond issues and the indebtedness of any | 579 |
nontax-supported public utility; | 580 |
(3) Except in the case of school districts, the aggregate | 581 |
current year's requirement for disability financial assistance | 582 |
provided under Chapter 5115. of the Revised Code that the | 583 |
subdivision is unable to finance except by the issue of bonds; | 584 |
(4) The indebtedness outstanding through the issuance of any | 585 |
bonds or notes pledged or obligated to be paid by any delinquent | 586 |
taxes; | 587 |
(5) The total of any other indebtedness; | 588 |
(6) The net amount of delinquent taxes unpledged to pay any | 589 |
bonds, notes, or certificates, including delinquent assessments on | 590 |
improvements on which the bonds have been paid; | 591 |
(7) The budget requirements for the fiscal year for bond and | 592 |
note retirement; | 593 |
(8) The estimated revenue for the fiscal year. | 594 |
(C) The certificate and statement provided for in divisions | 595 |
(A) and (B) of this section shall be forwarded to the tax | 596 |
commissioner together with a request for authority to issue bonds | 597 |
of the subdivision in an amount not to exceed seventy per cent of | 598 |
the net unobligated delinquent taxes and assessments due and owing | 599 |
to the subdivision, as set forth in division (B)(6) of this | 600 |
section. | 601 |
(D) No subdivision may issue bonds under this section in | 602 |
excess of a sufficient amount to pay the indebtedness of the | 603 |
subdivision as shown by division (B)(2) of this section and, | 604 |
except in the case of school districts, to provide funds for | 605 |
disability financial assistance as shown by division (B)(3) of | 606 |
this section. | 607 |
(E) The tax commissioner shall grant to the subdivision | 608 |
authority requested by the subdivision as restricted by divisions | 609 |
(C) and (D) of this section and shall make a record of the | 610 |
certificate, statement, and grant in a record book devoted solely | 611 |
to such recording and which shall be open to inspection by the | 612 |
public. | 613 |
(F) The commissioner shall immediately upon issuing the | 614 |
authority provided in division (E) of this section notify the | 615 |
proper authority having charge of the retirement of bonds of the | 616 |
subdivision by forwarding a copy of the grant of authority and of | 617 |
the statement provided for in division (B) of this section. | 618 |
(G) Upon receipt of authority, the subdivision shall proceed | 619 |
according to law to issue the amount of bonds authorized by the | 620 |
commissioner, and authorized by the taxing authority, provided the | 621 |
taxing authority of that subdivision may submit, by resolution, to | 622 |
the electors of that subdivision the question of issuing the | 623 |
bonds. The resolution shall make the declarations and statements | 624 |
required by section 133.18 of the Revised Code. The county auditor | 625 |
and taxing authority shall thereupon proceed as set forth in | 626 |
divisions (C) and (D) of that section. The election on the | 627 |
question of issuing the bonds shall be held under divisions (E), | 628 |
(F), and (G) of that section, except that publication of the | 629 |
notice of the election shall be made on two separate days prior to | 630 |
the election in | 631 |
circulation in the subdivision | 632 |
7.16 of the Revised Code. If the board of elections operates and | 633 |
maintains a web site, notice of the election also shall be posted | 634 |
on that web site for thirty days prior to the election. The bonds | 635 |
may be exchanged at their face value with creditors of the | 636 |
subdivision in liquidating the indebtedness described and | 637 |
enumerated in division (B)(2) of this section or may be sold as | 638 |
provided in Chapter 133. of the Revised Code, and in either event | 639 |
shall be uncontestable. | 640 |
(H) The per cent of delinquent taxes and assessments | 641 |
collected for and to the credit of the subdivision after the | 642 |
exchange or sale of bonds as certified by the commissioner shall | 643 |
be paid to the authority having charge of the sinking fund of the | 644 |
subdivision, which money shall be placed in a separate fund for | 645 |
the purpose of retiring the bonds so issued. The proper authority | 646 |
of the subdivisions shall provide for the levying of a tax | 647 |
sufficient in amount to pay the debt charges on all such bonds | 648 |
issued under this section. | 649 |
(I) This section is for the sole purpose of assisting the | 650 |
various subdivisions in paying their unsecured indebtedness, and | 651 |
providing funds for disability financial assistance. The bonds | 652 |
issued under authority of this section shall not be used for any | 653 |
other purpose, and any exchange for other purposes, or the use of | 654 |
the money derived from the sale of the bonds by the subdivision | 655 |
for any other purpose, is misapplication of funds. | 656 |
(J) The bonds authorized by this section shall be redeemable | 657 |
or payable in not to exceed ten years from date of issue and shall | 658 |
not be subject to or considered in calculating the net | 659 |
indebtedness of the subdivision. The budget commission of the | 660 |
county in which the subdivision is located shall annually allocate | 661 |
such portion of the then delinquent levy due the subdivision which | 662 |
is unpledged for other purposes to the payment of debt charges on | 663 |
the bonds issued under authority of this section. | 664 |
(K) The issue of bonds under this section shall be governed | 665 |
by Chapter 133. of the Revised Code, respecting the terms used, | 666 |
forms, manner of sale, and redemption except as otherwise provided | 667 |
in this section. | 668 |
The board of county commissioners of any county may issue | 669 |
bonds authorized by this section and distribute the proceeds of | 670 |
the bond issues to any or all of the cities and townships of the | 671 |
county, according to their relative needs for disability financial | 672 |
assistance as determined by the county. | 673 |
All sections of the Revised Code inconsistent with or | 674 |
prohibiting the exercise of the authority conferred by this | 675 |
section are inoperative respecting bonds issued under this | 676 |
section. | 677 |
Sec. 133.18. (A) The taxing authority of a subdivision may | 678 |
by legislation submit to the electors of the subdivision the | 679 |
question of issuing any general obligation bonds, for one purpose, | 680 |
that the subdivision has power or authority to issue. | 681 |
(B) When the taxing authority of a subdivision desires or is | 682 |
required by law to submit the question of a bond issue to the | 683 |
electors, it shall pass legislation that does all of the | 684 |
following: | 685 |
(1) Declares the necessity and purpose of the bond issue; | 686 |
(2) States the date of the authorized election at which the | 687 |
question shall be submitted to the electors; | 688 |
(3) States the amount, approximate date, estimated net | 689 |
average rate of interest, and maximum number of years over which | 690 |
the principal of the bonds may be paid; | 691 |
(4) Declares the necessity of levying a tax outside the tax | 692 |
limitation to pay the debt charges on the bonds and any | 693 |
anticipatory securities. | 694 |
The estimated net average interest rate shall be determined | 695 |
by the taxing authority based on, among other factors, then | 696 |
existing market conditions, and may reflect adjustments for any | 697 |
anticipated direct payments expected to be received by the taxing | 698 |
authority from the government of the United States relating to the | 699 |
bonds and the effect of any federal tax credits anticipated to be | 700 |
available to owners of all or a portion of the bonds. The | 701 |
estimated net average rate of interest, and any statutory or | 702 |
charter limit on interest rates that may then be in effect and | 703 |
that is subsequently amended, shall not be a limitation on the | 704 |
actual interest rate or rates on the securities when issued. | 705 |
(C)(1) The taxing authority shall certify a copy of the | 706 |
legislation passed under division (B) of this section to the | 707 |
county auditor. The county auditor shall promptly calculate and | 708 |
advise and, not later than seventy-five days before the election, | 709 |
confirm that advice by certification to, the taxing authority the | 710 |
estimated average annual property tax levy, expressed in cents or | 711 |
dollars and cents for each one hundred dollars of tax valuation | 712 |
and in mills for each one dollar of tax valuation, that the county | 713 |
auditor estimates to be required throughout the stated maturity of | 714 |
the bonds to pay the debt charges on the bonds. In calculating the | 715 |
estimated average annual property tax levy for this purpose, the | 716 |
county auditor shall assume that the bonds are issued in one | 717 |
series bearing interest and maturing in substantially equal | 718 |
principal amounts in each year over the maximum number of years | 719 |
over which the principal of the bonds may be paid as stated in | 720 |
that legislation, and that the amount of the tax valuation of the | 721 |
subdivision for the current year remains the same throughout the | 722 |
maturity of the bonds, except as otherwise provided in division | 723 |
(C)(2) of this section. If the tax valuation for the current year | 724 |
is not determined, the county auditor shall base the calculation | 725 |
on the estimated amount of the tax valuation submitted by the | 726 |
county auditor to the county budget commission. If the subdivision | 727 |
is located in more than one county, the county auditor shall | 728 |
obtain the assistance of the county auditors of the other | 729 |
counties, and those county auditors shall provide assistance, in | 730 |
establishing the tax valuation of the subdivision for purposes of | 731 |
certifying the estimated average annual property tax levy. | 732 |
(2) When considering the tangible personal property component | 733 |
of the tax valuation of the subdivision, the county auditor shall | 734 |
take into account the assessment percentages prescribed in section | 735 |
5711.22 of the Revised Code. The tax commissioner may issue rules, | 736 |
orders, or instructions directing how the assessment percentages | 737 |
must be utilized. | 738 |
(D) After receiving the county auditor's advice under | 739 |
division (C) of this section, the taxing authority by legislation | 740 |
may determine to proceed with submitting the question of the issue | 741 |
of securities, and shall, not later than the seventy-fifth day | 742 |
before the day of the election, file the following with the board | 743 |
of elections: | 744 |
(1) Copies of the legislation provided for in divisions (B) | 745 |
and (D) of this section; | 746 |
(2) The amount of the estimated average annual property tax | 747 |
levy, expressed in cents or dollars and cents for each one hundred | 748 |
dollars of tax valuation and in mills for each one dollar of tax | 749 |
valuation, as estimated and certified to the taxing authority by | 750 |
the county auditor. | 751 |
(E)(1) The board of elections shall prepare the ballots and | 752 |
make other necessary arrangements for the submission of the | 753 |
question to the electors of the subdivision. If the subdivision is | 754 |
located in more than one county, the board shall inform the boards | 755 |
of elections of the other counties of the filings with it, and | 756 |
those other boards shall if appropriate make the other necessary | 757 |
arrangements for the election in their counties. The election | 758 |
shall be conducted, canvassed, and certified in the manner | 759 |
provided in Title XXXV of the Revised Code. | 760 |
(2) The election shall be held at the regular places for | 761 |
voting in the subdivision. If the electors of only a part of a | 762 |
precinct are qualified to vote at the election the board of | 763 |
elections may assign the electors in that part to an adjoining | 764 |
precinct, including an adjoining precinct in another county if the | 765 |
board of elections of the other county consents to and approves | 766 |
the assignment. Each elector so assigned shall be notified of that | 767 |
fact prior to the election by notice mailed by the board of | 768 |
elections, in such manner as it determines, prior to the election. | 769 |
(3) The board of elections shall publish a notice of the | 770 |
election | 771 |
circulation in the subdivision, | 772 |
days prior to the election. The notice shall state all of the | 773 |
following: | 774 |
(a) The principal amount of the proposed bond issue; | 775 |
(b) The stated purpose for which the bonds are to be issued; | 776 |
(c) The maximum number of years over which the principal of | 777 |
the bonds may be paid; | 778 |
(d) The estimated additional average annual property tax | 779 |
levy, expressed in cents or dollars and cents for each one hundred | 780 |
dollars of tax valuation and in mills for each one dollar of tax | 781 |
valuation, to be levied outside the tax limitation, as estimated | 782 |
and certified to the taxing authority by the county auditor; | 783 |
(e) The first calendar year in which the tax is expected to | 784 |
be due. | 785 |
(F)(1) The form of the ballot to be used at the election | 786 |
shall be substantially either of the following, as applicable: | 787 |
(a) "Shall bonds be issued by the ............ (name of | 788 |
subdivision) for the purpose of ........... (purpose of the bond | 789 |
issue) in the principal amount of .......... (principal amount of | 790 |
the bond issue), to be repaid annually over a maximum period of | 791 |
.......... (the maximum number of years over which the principal | 792 |
of the bonds may be paid) years, and an annual levy of property | 793 |
taxes be made outside the .......... (as applicable, "ten-mill" or | 794 |
"...charter tax") limitation, estimated by the county auditor to | 795 |
average over the repayment period of the bond issue .......... | 796 |
(number of mills) mills for each one dollar of tax valuation, | 797 |
which amounts to .......... (rate expressed in cents or dollars | 798 |
and cents, such as "36 cents" or "$1.41") for each one hundred | 799 |
dollars of tax valuation, commencing in .......... (first year the | 800 |
tax will be levied), first due in calendar year .......... (first | 801 |
calendar year in which the tax shall be due), to pay the annual | 802 |
debt charges on the bonds, and to pay debt charges on any notes | 803 |
issued in anticipation of those bonds? | 804 |
805 |
For the bond issue | 806 | ||||
Against the bond issue | " | 807 |
808 |
(b) In the case of an election held pursuant to legislation | 809 |
adopted under section 3375.43 or 3375.431 of the Revised Code: | 810 |
"Shall bonds be issued for .......... (name of library) for | 811 |
the purpose of .......... (purpose of the bond issue), in the | 812 |
principal amount of .......... (amount of the bond issue) by | 813 |
.......... (the name of the subdivision that is to issue the bonds | 814 |
and levy the tax) as the issuer of the bonds, to be repaid | 815 |
annually over a maximum period of .......... (the maximum number | 816 |
of years over which the principal of the bonds may be paid) years, | 817 |
and an annual levy of property taxes be made outside the ten-mill | 818 |
limitation, estimated by the county auditor to average over the | 819 |
repayment period of the bond issue .......... (number of mills) | 820 |
mills for each one dollar of tax valuation, which amounts to | 821 |
.......... (rate expressed in cents or dollars and cents, such as | 822 |
"36 cents" or "$1.41") for each one hundred dollars of tax | 823 |
valuation, commencing in .......... (first year the tax will be | 824 |
levied), first due in calendar year .......... (first calendar | 825 |
year in which the tax shall be due), to pay the annual debt | 826 |
charges on the bonds, and to pay debt charges on any notes issued | 827 |
in anticipation of those bonds? | 828 |
829 |
For the bond issue | 830 | ||||
Against the bond issue | " | 831 |
832 |
(2) The purpose for which the bonds are to be issued shall be | 833 |
printed in the space indicated, in boldface type. | 834 |
(G) The board of elections shall promptly certify the results | 835 |
of the election to the tax commissioner, the county auditor of | 836 |
each county in which any part of the subdivision is located, and | 837 |
the fiscal officer of the subdivision. The election, including the | 838 |
proceedings for and result of the election, is incontestable other | 839 |
than in a contest filed under section 3515.09 of the Revised Code | 840 |
in which the plaintiff prevails. | 841 |
(H) If a majority of the electors voting upon the question | 842 |
vote for it, the taxing authority of the subdivision may proceed | 843 |
under sections 133.21 to 133.33 of the Revised Code with the | 844 |
issuance of the securities and with the levy and collection of a | 845 |
property tax outside the tax limitation during the period the | 846 |
securities are outstanding sufficient in amount to pay the debt | 847 |
charges on the securities, including debt charges on any | 848 |
anticipatory securities required to be paid from that tax. If | 849 |
legislation passed under section 133.22 or 133.23 of the Revised | 850 |
Code authorizing those securities is filed with the county auditor | 851 |
on or before the last day of November, the amount of the voted | 852 |
property tax levy required to pay debt charges or estimated debt | 853 |
charges on the securities payable in the following year shall if | 854 |
requested by the taxing authority be included in the taxes levied | 855 |
for collection in the following year under section 319.30 of the | 856 |
Revised Code. | 857 |
(I)(1) If, before any securities authorized at an election | 858 |
under this section are issued, the net indebtedness of the | 859 |
subdivision exceeds that applicable to that subdivision or those | 860 |
securities, then and so long as that is the case none of the | 861 |
securities may be issued. | 862 |
(2) No securities authorized at an election under this | 863 |
section may be initially issued after the first day of the sixth | 864 |
January following the election, but this period of limitation | 865 |
shall not run for any time during which any part of the permanent | 866 |
improvement for which the securities have been authorized, or the | 867 |
issuing or validity of any part of the securities issued or to be | 868 |
issued, or the related proceedings, is involved or questioned | 869 |
before a court or a commission or other tribunal, administrative | 870 |
agency, or board. | 871 |
(3) Securities representing a portion of the amount | 872 |
authorized at an election that are issued within the applicable | 873 |
limitation on net indebtedness are valid and in no manner affected | 874 |
by the fact that the balance of the securities authorized cannot | 875 |
be issued by reason of the net indebtedness limitation or lapse of | 876 |
time. | 877 |
(4) Nothing in this division (I) shall be interpreted or | 878 |
applied to prevent the issuance of securities in an amount to fund | 879 |
or refund anticipatory securities lawfully issued. | 880 |
(5) The limitations of divisions (I)(1) and (2) of this | 881 |
section do not apply to any securities authorized at an election | 882 |
under this section if at least ten per cent of the principal | 883 |
amount of the securities, including anticipatory securities, | 884 |
authorized has theretofore been issued, or if the securities are | 885 |
to be issued for the purpose of participating in any federally or | 886 |
state-assisted program. | 887 |
(6) The certificate of the fiscal officer of the subdivision | 888 |
is conclusive proof of the facts referred to in this division. | 889 |
Sec. 133.55. Before adopting any reassessment provided for | 890 |
in section 133.54 of the Revised Code, the fiscal officer shall | 891 |
prepare and file for public inspection a list containing the names | 892 |
of the owners, a tax duplicate description of each parcel of land | 893 |
on which the reassessment will be levied, and the total amount to | 894 |
be reassessed, separately stated as to each parcel, and the taxing | 895 |
authority shall publish notice for two consecutive weeks in a | 896 |
newspaper of general circulation in the political subdivision, or | 897 |
as provided in section 7.16 of the Revised Code, that such | 898 |
reassessment has been prepared by the fiscal officer and that it | 899 |
is on file in | 900 |
and examination of the persons interested therein. Sections | 901 |
727.13, 727.15, and 727.16 of the Revised Code do not apply to any | 902 |
such assessments, but any person may file objections in writing | 903 |
with the fiscal officer within one week after the expiration of | 904 |
such notice and the taxing authority shall hear and determine any | 905 |
such objections at its next meeting. Such objections shall be | 906 |
limited solely to matters of description of parcels and owners and | 907 |
of computations of amounts, and no matters concluded by any | 908 |
proceedings on the original assessments shall form the basis for | 909 |
any such objections. When the reassessment list is confirmed by | 910 |
the taxing authority, it shall be complete and final and shall be | 911 |
recorded in the office of the fiscal officer. | 912 |
Sec. 135.05. Each governing board shall, at least three | 913 |
weeks prior to the date when it is required by section 135.12 of | 914 |
the Revised Code to designate public depositories, by resolution, | 915 |
estimate the aggregate maximum amount of public moneys subject to | 916 |
its control to be awarded and be on deposit as inactive deposits. | 917 |
The state board of deposit shall cause a copy of such resolution, | 918 |
together with a notice of the date on which the meeting of the | 919 |
board for the designation of such depositories will be held and | 920 |
the period for which such inactive deposits will be awarded, to be | 921 |
published once a week for two consecutive weeks in two newspapers | 922 |
of general circulation in each of the three most populous | 923 |
counties. The governing board of each subdivision shall cause a | 924 |
copy of such resolution, together with a notice of the date on | 925 |
which the meeting of the board for the designation of such | 926 |
depositories will be held and the period for which such inactive | 927 |
deposits will be awarded, to be published once a week for two | 928 |
consecutive weeks in | 929 |
930 | |
in section 7.16 of the Revised Code. If a subdivision is located | 931 |
in more than one county, such publication shall be made in | 932 |
933 | |
county in which the major part of such subdivision is located, and | 934 |
of general circulation in the subdivision. A written notice | 935 |
stating the aggregate maximum amount to be awarded as inactive | 936 |
deposits of the subdivision shall be given to each eligible | 937 |
depository by the governing board at the time the first | 938 |
publication is made in the | 939 |
All deposits of the public moneys of the state or any | 940 |
subdivision made during the period covered by the designation in | 941 |
excess of the aggregate amount so estimated shall be active | 942 |
deposits or interim deposits. Inactive, interim, and active | 943 |
deposits shall be separately awarded, made, and administered as | 944 |
provided by sections 135.01 to 135.21 | 945 |
Code. | 946 |
Sec. 301.02. Previous to the presentation of a petition to | 947 |
the general assembly praying that a new county be erected, or for | 948 |
the location or relocation of a county seat, notice of the | 949 |
intention to present such petition shall be given, at least thirty | 950 |
days before the ensuing session of the general assembly, by | 951 |
advertisement in a newspaper | 952 |
each county from which such new county is intended to be taken. If | 953 |
no | 954 |
county, notice shall be given by advertisement affixed to the door | 955 |
of the house where courts are held for such county, for such | 956 |
period of thirty days. The notice shall set forth the boundary | 957 |
lines of the new county, or the place where it is proposed to | 958 |
locate such county seat. | 959 |
Sec. 301.15. Within sixty days after their appointment, the | 960 |
commissioners provided for by section 301.14 of the Revised Code, | 961 |
or any two of them, shall assemble at some convenient place in the | 962 |
new county. Twenty days' notice of the time, place, and purpose of | 963 |
such meeting shall be given by publication in a newspaper | 964 |
965 | |
county, or by being posted in three of the most public places in | 966 |
such county. When assembled, after having taken the oath of office | 967 |
prescribed by sections 3.22 and 3.23 of the Revised Code, such | 968 |
commissioners shall proceed to examine and select the most proper | 969 |
place as a seat of justice, as near the center of the county as | 970 |
possible, having regard to the situation, extent of population, | 971 |
quality of land, and the convenience and interest of the | 972 |
inhabitants. | 973 |
Sec. 301.28. (A) As used in this section: | 974 |
(1) "Financial transaction device" includes a credit card, | 975 |
debit card, charge card, or prepaid or stored value card, or | 976 |
automated clearinghouse network credit, debit, or e-check entry | 977 |
that includes, but is not limited to, accounts receivable and | 978 |
internet-initiated, point of purchase, and telephone-initiated | 979 |
applications or any other device or method for making an | 980 |
electronic payment or transfer of funds. | 981 |
(2) "County expenses" includes fees, costs, taxes, | 982 |
assessments, fines, penalties, payments, or any other expense a | 983 |
person owes to a county office under the authority of a county | 984 |
official other than dog registration and kennel fees required to | 985 |
be paid under Chapter 955. of the Revised Code. | 986 |
(3) "County official" includes the county auditor, county | 987 |
treasurer, county engineer, county recorder, county prosecuting | 988 |
attorney, county sheriff, county coroner, county park district and | 989 |
board of county commissioners, the clerk of the probate court, the | 990 |
clerk of the juvenile court, the clerks of court for all divisions | 991 |
of the courts of common pleas, and the clerk of the court of | 992 |
common pleas, the clerk of a county-operated municipal court, and | 993 |
the clerk of a county court. | 994 |
The term "county expenses" includes county expenses owed to | 995 |
the board of health of the general health district or a combined | 996 |
health district in the county. If the board of county | 997 |
commissioners authorizes county expenses to be paid by financial | 998 |
transaction devices under this section, then the board of health | 999 |
and the general health district and the combined health district | 1000 |
may accept payments by financial transaction devices under this | 1001 |
section as if the board were a "county official" and the district | 1002 |
were a county office. However, in the case of a general health | 1003 |
district formed by unification of general health districts under | 1004 |
section 3709.10 of the Revised Code, this entitlement applies only | 1005 |
if all the boards of county commissioners of all counties in the | 1006 |
district have authorized payments to be accepted by financial | 1007 |
transaction devices. | 1008 |
(B) Notwithstanding any other section of the Revised Code and | 1009 |
except as provided in division (D) of this section, a board of | 1010 |
county commissioners may adopt a resolution authorizing the | 1011 |
acceptance of payments by financial transaction devices for county | 1012 |
expenses. The resolution shall include the following: | 1013 |
(1) A specification of those county officials who, and of the | 1014 |
county offices under those county officials that, are authorized | 1015 |
to accept payments by financial transaction devices; | 1016 |
(2) A list of county expenses that may be paid for through | 1017 |
the use of a financial transaction device; | 1018 |
(3) Specific identification of financial transaction devices | 1019 |
that the board authorizes as acceptable means of payment for | 1020 |
county expenses. Uniform acceptance of financial transaction | 1021 |
devices among different types of county expenses is not required. | 1022 |
(4) The amount, if any, authorized as a surcharge or | 1023 |
convenience fee under division (E) of this section for persons | 1024 |
using a financial transaction device. Uniform application of | 1025 |
surcharges or convenience fees among different types of county | 1026 |
expenses is not required. | 1027 |
(5) A specific provision as provided in division (G) of this | 1028 |
section requiring the payment of a penalty if a payment made by | 1029 |
means of a financial transaction device is returned or dishonored | 1030 |
for any reason. | 1031 |
The board's resolution shall also designate the county | 1032 |
treasurer as an administrative agent to solicit proposals, within | 1033 |
guidelines established by the board in the resolution and in | 1034 |
compliance with the procedures provided in division (C) of this | 1035 |
section, from financial institutions, issuers of financial | 1036 |
transaction devices, and processors of financial transaction | 1037 |
devices, to make recommendations about those proposals to the | 1038 |
board, and to assist county offices in implementing the county's | 1039 |
financial transaction devices program. The county treasurer may | 1040 |
decline this responsibility within thirty days after receiving a | 1041 |
copy of the board's resolution by notifying the board in writing | 1042 |
within that period. If the treasurer so notifies the board, the | 1043 |
board shall perform the duties of the administrative agent. | 1044 |
If the county treasurer is the administrative agent and fails | 1045 |
to administer the county financial transaction devices program in | 1046 |
accordance with the guidelines in the board's resolution, the | 1047 |
board shall notify the treasurer in writing of the board's | 1048 |
findings, explain the failures, and give the treasurer six months | 1049 |
to correct the failures. If the treasurer fails to make the | 1050 |
appropriate corrections within that six-month period, the board | 1051 |
may pass a resolution declaring the board to be the administrative | 1052 |
agent. The board may later rescind that resolution at its | 1053 |
discretion. | 1054 |
(C) The county shall follow the procedures provided in this | 1055 |
division whenever it plans to contract with financial | 1056 |
institutions, issuers of financial transaction devices, or | 1057 |
processors of financial transaction devices for the purposes of | 1058 |
this section. The administrative agent shall request proposals | 1059 |
from at least three financial institutions, issuers of financial | 1060 |
transaction devices, or processors of financial transaction | 1061 |
devices, as appropriate in accordance with the resolution adopted | 1062 |
under division (B) of this section. Prior to sending any financial | 1063 |
institution, issuer, or processor a copy of any such request, the | 1064 |
county shall advertise its intent to request proposals in a | 1065 |
newspaper of general circulation in the county once a week for two | 1066 |
consecutive weeks or as provided in section 7.16 of the Revised | 1067 |
Code. The notice shall state that the county intends to request | 1068 |
proposals; specify the purpose of the request; indicate the date, | 1069 |
which shall be at least ten days after the second publication, on | 1070 |
which the request for proposals will be mailed to financial | 1071 |
institutions, issuers, or processors; and require that any | 1072 |
financial institution, issuer, or processor, whichever is | 1073 |
appropriate, interested in receiving the request for proposals | 1074 |
submit written notice of this interest to the county not later | 1075 |
than noon of the day on which the request for proposals will be | 1076 |
mailed. | 1077 |
Upon receiving the proposals, the administrative agent shall | 1078 |
review them and make a recommendation to the board of county | 1079 |
commissioners on which proposals to accept. The board of county | 1080 |
commissioners shall consider the agent's recommendation and review | 1081 |
all proposals submitted, and then may choose to contract with any | 1082 |
or all of the entities submitting proposals, as appropriate. The | 1083 |
board shall provide any financial institution, issuer, or | 1084 |
processor that submitted a proposal, but with which the board does | 1085 |
not enter into a contract, notice that its proposal is rejected. | 1086 |
The notice shall state the reasons for the rejection, indicate | 1087 |
whose proposals were accepted, and provide a copy of the terms and | 1088 |
conditions of the successful bids. | 1089 |
(D) A board of county commissioners adopting a resolution | 1090 |
under this section shall send a copy of the resolution to each | 1091 |
county official in the county who is authorized by the resolution | 1092 |
to accept payments by financial transaction devices. After | 1093 |
receiving the resolution and before accepting payments by | 1094 |
financial transaction devices, a county official shall provide | 1095 |
written notification to the board of county commissioners of the | 1096 |
official's intent to implement the resolution within the | 1097 |
official's office. Each county office subject to the board's | 1098 |
resolution adopted under division (B) of this section may use only | 1099 |
the financial institutions, issuers of financial transaction | 1100 |
devices, and processors of financial transaction devices with | 1101 |
which the board of county commissioners contracts, and each such | 1102 |
office is subject to the terms of those contracts. | 1103 |
If a county office under the authority of a county official | 1104 |
is directly responsible for collecting one or more county expenses | 1105 |
and the county official determines not to accept payments by | 1106 |
financial transaction devices for one or more of those expenses, | 1107 |
the office shall not be required to accept payments by financial | 1108 |
transaction devices, notwithstanding the adoption of a resolution | 1109 |
by the board of county commissioners under this section. | 1110 |
Any office of a clerk of the court of common pleas that | 1111 |
accepts financial transaction devices on or before July 1, 1999, | 1112 |
and any other county office that accepted such devices before | 1113 |
January 1, 1998, may continue to accept such devices without being | 1114 |
subject to any resolution passed by the board of county | 1115 |
commissioners under division (B) of this section, or any other | 1116 |
oversight by the board of the office's financial transaction | 1117 |
devices program. Any such office may use surcharges or convenience | 1118 |
fees in any manner the county official in charge of the office | 1119 |
determines to be appropriate, and, if the county treasurer | 1120 |
consents, may appoint the county treasurer to be the office's | 1121 |
administrative agent for purposes of accepting financial | 1122 |
transaction devices. In order not to be subject to the resolution | 1123 |
of the board of county commissioners adopted under division (B) of | 1124 |
this section, a county office shall notify the board in writing | 1125 |
within thirty days after March 30, 1999, that it accepted | 1126 |
financial transaction devices prior to January 1, 1998, or, in the | 1127 |
case of the office of a clerk of the court of common pleas, the | 1128 |
clerk has accepted or will accept such devices on or before July | 1129 |
1, 1999. Each such notification shall explain how processing costs | 1130 |
associated with financial transaction devices are being paid and | 1131 |
shall indicate whether surcharge or convenience fees are being | 1132 |
passed on to consumers. | 1133 |
(E) A board of county commissioners may establish a surcharge | 1134 |
or convenience fee that may be imposed upon a person making | 1135 |
payment by a financial transaction device. The surcharge or | 1136 |
convenience fee shall not be imposed unless authorized or | 1137 |
otherwise permitted by the rules prescribed by an agreement | 1138 |
governing the use and acceptance of the financial transaction | 1139 |
device. | 1140 |
If a surcharge or convenience fee is imposed, every county | 1141 |
office accepting payment by a financial transaction device, | 1142 |
regardless of whether that office is subject to a resolution | 1143 |
adopted by a board of county commissioners, shall clearly post a | 1144 |
notice in that office and shall notify each person making a | 1145 |
payment by such a device about the surcharge or fee. Notice to | 1146 |
each person making a payment shall be provided regardless of the | 1147 |
medium used to make the payment and in a manner appropriate to | 1148 |
that medium. Each notice shall include all of the following: | 1149 |
(1) A statement that there is a surcharge or convenience fee | 1150 |
for using a financial transaction device; | 1151 |
(2) The total amount of the charge or fee expressed in | 1152 |
dollars and cents for each transaction, or the rate of the charge | 1153 |
or fee expressed as a percentage of the total amount of the | 1154 |
transaction, whichever is applicable; | 1155 |
(3) A clear statement that the surcharge or convenience fee | 1156 |
is nonrefundable. | 1157 |
(F) If a person elects to make a payment to the county by a | 1158 |
financial transaction device and a surcharge or convenience fee is | 1159 |
imposed, the payment of the surcharge or fee shall be considered | 1160 |
voluntary and the surcharge or fee is not refundable. | 1161 |
(G) If a person makes payment by financial transaction device | 1162 |
and the payment is returned or dishonored for any reason, the | 1163 |
person is liable to the county for payment of a penalty over and | 1164 |
above the amount of the expense due. The board of county | 1165 |
commissioners shall determine the amount of the penalty, which may | 1166 |
be either a fee not to exceed twenty dollars or payment of the | 1167 |
amount necessary to reimburse the county for banking charges, | 1168 |
legal fees, or other expenses incurred by the county in collecting | 1169 |
the returned or dishonored payment. The remedies and procedures | 1170 |
provided in this section are in addition to any other available | 1171 |
civil or criminal remedies provided by law. | 1172 |
(H) No person making any payment by financial transaction | 1173 |
device to a county office shall be relieved from liability for the | 1174 |
underlying obligation except to the extent that the county | 1175 |
realizes final payment of the underlying obligation in cash or its | 1176 |
equivalent. If final payment is not made by the financial | 1177 |
transaction device issuer or other guarantor of payment in the | 1178 |
transaction, the underlying obligation shall survive and the | 1179 |
county shall retain all remedies for enforcement that would have | 1180 |
applied if the transaction had not occurred. | 1181 |
(I) A county official or employee who accepts a financial | 1182 |
transaction device payment in accordance with this section and any | 1183 |
applicable state or local policies or rules is immune from | 1184 |
personal liability for the final collection of such payments. | 1185 |
Sec. 306.35. Upon the creation of a regional transit | 1186 |
authority as provided by section 306.32 of the Revised Code, and | 1187 |
upon the qualifying of its board of trustees and the election of a | 1188 |
president and a vice-president, the authority shall exercise in | 1189 |
its own name all the rights, powers, and duties vested in and | 1190 |
conferred upon it by sections 306.30 to 306.53 of the Revised | 1191 |
Code. Subject to any reservations, limitations, and qualifications | 1192 |
that are set forth in those sections, the regional transit | 1193 |
authority: | 1194 |
(A) May sue or be sued in its corporate name; | 1195 |
(B) May make contracts in the exercise of the rights, powers, | 1196 |
and duties conferred upon it; | 1197 |
(C) May adopt and at will alter a seal and use such seal by | 1198 |
causing it to be impressed, affixed, reproduced, or otherwise | 1199 |
used, but failure to affix the seal shall not affect the validity | 1200 |
of any instrument; | 1201 |
(D)(1) May adopt, amend, and repeal bylaws for the | 1202 |
administration of its affairs and rules for the control of the | 1203 |
administration and operation of transit facilities under its | 1204 |
jurisdiction, and for the exercise of all of its rights of | 1205 |
ownership in those transit facilities; | 1206 |
(2) The regional transit authority also may adopt bylaws and | 1207 |
rules for the following purposes: | 1208 |
(a) To prohibit selling, giving away, or using any beer or | 1209 |
intoxicating liquor on transit vehicles or transit property; | 1210 |
(b) For the preservation of good order within or on transit | 1211 |
vehicles or transit property; | 1212 |
(c) To provide for the protection and preservation of all | 1213 |
property and life within or on transit vehicles or transit | 1214 |
property; | 1215 |
(d) To regulate and enforce the collection of fares. | 1216 |
(3) Before a bylaw or rule adopted under division (D)(2) of | 1217 |
this section takes effect, the regional transit authority shall | 1218 |
provide for a notice of its adoption to be published once a week | 1219 |
for two consecutive weeks in a newspaper of general circulation | 1220 |
within the territorial boundaries of the regional transit | 1221 |
authority, or as provided in section 7.16 of the Revised Code. | 1222 |
(4) No person shall violate any bylaw or rule of a regional | 1223 |
transit authority adopted under division (D)(2) of this section. | 1224 |
(E) May fix, alter, and collect fares, rates, and rentals and | 1225 |
other charges for the use of transit facilities under its | 1226 |
jurisdiction to be determined exclusively by it for the purpose of | 1227 |
providing for the payment of the expenses of the regional transit | 1228 |
authority, the acquisition, construction, improvement, extension, | 1229 |
repair, maintenance, and operation of transit facilities under its | 1230 |
jurisdiction, the payment of principal and interest on its | 1231 |
obligations, and to fulfill the terms of any agreements made with | 1232 |
purchasers or holders of any such obligations, or with any person | 1233 |
or political subdivision; | 1234 |
(F) Shall have jurisdiction, control, possession, and | 1235 |
supervision of all property, rights, easements, licenses, moneys, | 1236 |
contracts, accounts, liens, books, records, maps, or other | 1237 |
property rights and interests conveyed, delivered, transferred, or | 1238 |
assigned to it; | 1239 |
(G) May acquire, construct, improve, extend, repair, lease, | 1240 |
operate, maintain, or manage transit facilities within or without | 1241 |
its territorial boundaries, considered necessary to accomplish the | 1242 |
purposes of its organization and make charges for the use of | 1243 |
transit facilities; | 1244 |
(H) May levy and collect taxes as provided in sections 306.40 | 1245 |
and 306.49 of the Revised Code; | 1246 |
(I) May issue bonds secured by its general credit as provided | 1247 |
in section 306.40 of the Revised Code; | 1248 |
(J) May hold, encumber, control, acquire by donation, by | 1249 |
purchase for cash or by installment payments, by lease-purchase | 1250 |
agreement, by lease with option to purchase, or by condemnation, | 1251 |
and may construct, own, lease as lessee or lessor, use, and sell, | 1252 |
real and personal property, or any interest or right in real and | 1253 |
personal property, within or without its territorial boundaries, | 1254 |
for the location or protection of transit facilities and | 1255 |
improvements and access to transit facilities and improvements, | 1256 |
the relocation of buildings, structures, and improvements situated | 1257 |
on lands acquired by the regional transit authority, or for any | 1258 |
other necessary purpose, or for obtaining or storing materials to | 1259 |
be used in constructing, maintaining, and improving transit | 1260 |
facilities under its jurisdiction; | 1261 |
(K) May exercise the power of eminent domain to acquire | 1262 |
property or any interest in property, within or without its | 1263 |
territorial boundaries, that is necessary or proper for the | 1264 |
construction or efficient operation of any transit facility or | 1265 |
access to any transit facility under its jurisdiction in | 1266 |
accordance with section 306.36 of the Revised Code; | 1267 |
(L) May provide by agreement with any county, including the | 1268 |
counties within its territorial boundaries, or any municipal | 1269 |
corporation or any combination of counties or municipal | 1270 |
corporations for the making of necessary surveys, appraisals, and | 1271 |
examinations preliminary to the acquisition or construction of any | 1272 |
transit facility and the amount of the expense for the surveys, | 1273 |
appraisals, and examinations to be paid by each such county or | 1274 |
municipal corporation; | 1275 |
(M) May provide by agreement with any county, including the | 1276 |
counties within its territorial boundaries, or any municipal | 1277 |
corporation or any combination of those counties or municipal | 1278 |
corporations for the acquisition, construction, improvement, | 1279 |
extension, maintenance, or operation of any transit facility owned | 1280 |
or to be owned and operated by it or owned or to be owned and | 1281 |
operated by any such county or municipal corporation and the terms | 1282 |
on which it shall be acquired, leased, constructed, maintained, or | 1283 |
operated, and the amount of the cost and expense of the | 1284 |
acquisition, lease, construction, maintenance, or operation to be | 1285 |
paid by each such county or municipal corporation; | 1286 |
(N) May issue revenue bonds for the purpose of acquiring, | 1287 |
replacing, improving, extending, enlarging, or constructing any | 1288 |
facility or permanent improvement that it is authorized to | 1289 |
acquire, replace, improve, extend, enlarge, or construct, | 1290 |
including all costs in connection with and incidental to the | 1291 |
acquisition, replacement, improvement, extension, enlargement, or | 1292 |
construction, and their financing, as provided by section 306.37 | 1293 |
of the Revised Code; | 1294 |
(O) May enter into and supervise franchise agreements for the | 1295 |
operation of a transit system; | 1296 |
(P) May accept the assignment of and supervise an existing | 1297 |
franchise agreement for the operation of a transit system; | 1298 |
(Q) May exercise a right to purchase a transit system in | 1299 |
accordance with the acquisition terms of an existing franchise | 1300 |
agreement; and in connection with the purchase the regional | 1301 |
transit authority may issue revenue bonds as provided by section | 1302 |
306.37 of the Revised Code or issue bonds secured by its general | 1303 |
credit as provided in section 306.40 of the Revised Code; | 1304 |
(R) May apply for and accept grants or loans from the United | 1305 |
States, the state, or any other public body for the purpose of | 1306 |
providing for the development or improvement of transit | 1307 |
facilities, mass transportation facilities, equipment, techniques, | 1308 |
methods, or services, and grants or loans needed to exercise a | 1309 |
right to purchase a transit system pursuant to agreement with the | 1310 |
owner of those transit facilities, or for providing lawful | 1311 |
financial assistance to existing transit systems; and may provide | 1312 |
any consideration that may be required in order to obtain those | 1313 |
grants or loans from the United States, the state, or other public | 1314 |
body, either of which grants or loans may be evidenced by the | 1315 |
issuance of revenue bonds as provided by section 306.37 of the | 1316 |
Revised Code or general obligation bonds as provided by section | 1317 |
306.40 of the Revised Code; | 1318 |
(S) May employ and fix the compensation of consulting | 1319 |
engineers, superintendents, managers, and such other engineering, | 1320 |
construction, accounting and financial experts, attorneys, and | 1321 |
other employees and agents necessary for the accomplishment of its | 1322 |
purposes; | 1323 |
(T) May procure insurance against loss to it by reason of | 1324 |
damages to its properties resulting from fire, theft, accident, or | 1325 |
other casualties or by reason of its liability for any damages to | 1326 |
persons or property occurring in the construction or operation of | 1327 |
transit facilities under its jurisdiction or the conduct of its | 1328 |
activities; | 1329 |
(U) May maintain funds that it considers necessary for the | 1330 |
efficient performance of its duties; | 1331 |
(V) May direct its agents or employees, when properly | 1332 |
identified in writing, after at least five days' written notice, | 1333 |
to enter upon lands within or without its territorial boundaries | 1334 |
in order to make surveys and examinations preliminary to the | 1335 |
location and construction of transit facilities, without liability | 1336 |
to it or its agents or employees except for actual damage done; | 1337 |
(W) On its own motion, may request the appropriate zoning | 1338 |
board, as defined in section 4563.03 of the Revised Code, to | 1339 |
establish and enforce zoning regulations pertaining to any transit | 1340 |
facility under its jurisdiction in the manner prescribed by | 1341 |
sections 4563.01 to 4563.21 of the Revised Code; | 1342 |
(X) If it acquires any existing transit system, shall assume | 1343 |
all the employer's obligations under any existing labor contract | 1344 |
between the employees and management of the system. If the board | 1345 |
acquires, constructs, controls, or operates any such facilities, | 1346 |
it shall negotiate arrangements to protect the interests of | 1347 |
employees affected by the acquisition, construction, control, or | 1348 |
operation. The arrangements shall include, but are not limited to: | 1349 |
(1) The preservation of rights, privileges, and benefits | 1350 |
under existing collective bargaining agreements or otherwise, the | 1351 |
preservation of rights and benefits under any existing pension | 1352 |
plans covering prior service, and continued participation in | 1353 |
social security in addition to participation in the public | 1354 |
employees retirement system as required in Chapter 145. of the | 1355 |
Revised Code; | 1356 |
(2) The continuation of collective bargaining rights; | 1357 |
(3) The protection of individual employees against a | 1358 |
worsening of their positions with respect to their employment; | 1359 |
(4) Assurances of employment to employees of those transit | 1360 |
systems and priority reemployment of employees terminated or laid | 1361 |
off; | 1362 |
(5) Paid training or retraining programs; | 1363 |
(6) Signed written labor agreements. | 1364 |
The arrangements may include provisions for the submission of | 1365 |
labor disputes to final and binding arbitration. | 1366 |
(Y) May provide for and maintain security operations, | 1367 |
including a transit police department, subject to section 306.352 | 1368 |
of the Revised Code. Regional transit authority police officers | 1369 |
shall have the power and duty to act as peace officers within | 1370 |
transit facilities owned, operated, or leased by the transit | 1371 |
authority to protect the transit authority's property and the | 1372 |
person and property of passengers, to preserve the peace, and to | 1373 |
enforce all laws of the state and ordinances and regulations of | 1374 |
political subdivisions in which the transit authority operates. | 1375 |
Regional transit authority police officers also shall have the | 1376 |
power and duty to act as peace officers when they render emergency | 1377 |
assistance outside their jurisdiction to any other peace officer | 1378 |
who is not a regional transit authority police officer and who has | 1379 |
arrest authority under section 2935.03 of the Revised Code. | 1380 |
Regional transit authority police officers may render emergency | 1381 |
assistance if there is a threat of imminent physical danger to the | 1382 |
peace officer, a threat of physical harm to another person, or any | 1383 |
other serious emergency situation and if either the peace officer | 1384 |
who is assisted requests emergency assistance or it appears that | 1385 |
the peace officer who is assisted is unable to request emergency | 1386 |
assistance and the circumstances observed by the regional transit | 1387 |
authority police officer reasonably indicate that emergency | 1388 |
assistance is appropriate. | 1389 |
Before exercising powers of arrest and the other powers and | 1390 |
duties of a peace officer, each regional transit authority police | 1391 |
officer shall take an oath and give bond to the state in a sum | 1392 |
that the board of trustees prescribes for the proper performance | 1393 |
of the officer's duties. | 1394 |
Persons employed as regional transit authority police | 1395 |
officers shall complete training for the position to which they | 1396 |
have been appointed as required by the Ohio peace officer training | 1397 |
commission as authorized in section 109.77 of the Revised Code, or | 1398 |
be otherwise qualified. The cost of the training shall be provided | 1399 |
by the regional transit authority. | 1400 |
(Z) May procure a policy or policies insuring members of its | 1401 |
board of trustees against liability on account of damages or | 1402 |
injury to persons and property resulting from any act or omission | 1403 |
of a member in the member's official capacity as a member of the | 1404 |
board or resulting solely out of the member's membership on the | 1405 |
board; | 1406 |
(AA) May enter into any agreement for the sale and leaseback | 1407 |
or lease and leaseback of transit facilities, which agreement may | 1408 |
contain all necessary covenants for the security and protection of | 1409 |
any lessor or the regional transit authority including, but not | 1410 |
limited to, indemnification of the lessor against the loss of | 1411 |
anticipated tax benefits arising from acts, omissions, or | 1412 |
misrepresentations of the regional transit authority. In | 1413 |
connection with that transaction, the regional transit authority | 1414 |
may contract for insurance and letters of credit and pay any | 1415 |
premiums or other charges for the insurance and letters of credit. | 1416 |
The fiscal officer shall not be required to furnish any | 1417 |
certificate under section 5705.41 of the Revised Code in | 1418 |
connection with the execution of any such agreement. | 1419 |
(BB) In regard to any contract entered into on or after March | 1420 |
19, 1993, for the rendering of services or the supplying of | 1421 |
materials or for the construction, demolition, alteration, repair, | 1422 |
or reconstruction of transit facilities in which a bond is | 1423 |
required for the faithful performance of the contract, may permit | 1424 |
the person awarded the contract to utilize a letter of credit | 1425 |
issued by a bank or other financial institution in lieu of the | 1426 |
bond; | 1427 |
(CC) May enter into agreements with municipal corporations | 1428 |
located within the territorial jurisdiction of the regional | 1429 |
transit authority permitting regional transit authority police | 1430 |
officers employed under division (Y) of this section to exercise | 1431 |
full arrest powers, as provided in section 2935.03 of the Revised | 1432 |
Code, for the purpose of preserving the peace and enforcing all | 1433 |
laws of the state and ordinances and regulations of the municipal | 1434 |
corporation within the areas that may be agreed to by the regional | 1435 |
transit authority and the municipal corporation. | 1436 |
Sec. 306.43. (A) The board of trustees of a regional transit | 1437 |
authority or any officer or employee designated by such board may | 1438 |
make any contract for the purchase of goods or services, the cost | 1439 |
of which does not exceed one hundred thousand dollars. When an | 1440 |
expenditure, other than for the acquisition of real estate, the | 1441 |
discharge of claims, or the acquisition of goods or services under | 1442 |
the circumstances described in division (H) of this section, is | 1443 |
expected to exceed one hundred thousand dollars, such expenditure | 1444 |
shall be made through full and open competition by the use of | 1445 |
competitive procedures. The regional transit authority shall use | 1446 |
the competitive procedure, as set forth in divisions (B), (C), | 1447 |
(D), and (E) of this section, that is most appropriate under the | 1448 |
circumstances of the procurement. | 1449 |
(B) Competitive sealed bidding is the preferred method of | 1450 |
procurement and a regional transit authority shall use that method | 1451 |
if all of the following conditions exist: | 1452 |
(1) A clear, complete and adequate description of the goods, | 1453 |
services, or work is available; | 1454 |
(2) Time permits the solicitation, submission, and evaluation | 1455 |
of sealed bids; | 1456 |
(3) The award will be made on the basis of price and other | 1457 |
price-related factors; | 1458 |
(4) It is not necessary to conduct discussions with | 1459 |
responding offerors about their bids; | 1460 |
(5) There is a reasonable expectation of receiving more than | 1461 |
one sealed bid. | 1462 |
A regional transit authority shall publish a notice calling | 1463 |
for bids once a week for no less than two consecutive weeks in | 1464 |
1465 | |
territorial boundaries of the regional transit authority, or as | 1466 |
provided in section 7.16 of the Revised Code. A regional transit | 1467 |
authority may require that a bidder for any contract other than a | 1468 |
construction contract provide a bid guaranty in the form, quality, | 1469 |
and amount considered appropriate by the regional transit | 1470 |
authority. The board may let the contract to the lowest responsive | 1471 |
and responsible bidder. Where fewer than two responsive bids are | 1472 |
received, a regional transit authority may negotiate price with | 1473 |
the sole responsive bidder or may rescind the solicitation and | 1474 |
procure under division (H)(2) of this section. | 1475 |
(C) A regional transit authority may use two-step competitive | 1476 |
bidding, consisting of a technical proposal and a separate, | 1477 |
subsequent sealed price bid from those submitting acceptable | 1478 |
technical proposals, if both of the following conditions exist: | 1479 |
(1) A clear, complete, and adequate description of the goods, | 1480 |
services, or work is not available, but definite criteria exist | 1481 |
for the evaluation of technical proposals; | 1482 |
(2) It is necessary to conduct discussions with responding | 1483 |
offerors. | 1484 |
A regional transit authority shall publish a notice calling | 1485 |
for technical proposals once a week for no less than two | 1486 |
consecutive weeks in | 1487 |
circulation within the territorial boundaries of the regional | 1488 |
transit authority, or as provided in section 7.16 of the Revised | 1489 |
Code. A regional transit authority may require a bid guaranty in | 1490 |
the form, quality, and amount the regional transit authority | 1491 |
considers appropriate. The board may let the contract to the | 1492 |
lowest responsive and responsible bidder. Where fewer than two | 1493 |
responsive and responsible bids are received, a regional transit | 1494 |
authority may negotiate price with the sole responsive and | 1495 |
responsible bidder or may rescind the solicitation and procure | 1496 |
under division (H)(2) of this section. | 1497 |
(D) A regional transit authority shall make a procurement by | 1498 |
competitive proposals if competitive sealed bidding or two-step | 1499 |
competitive bidding is not appropriate. | 1500 |
A regional transit authority shall publish a notice calling | 1501 |
for proposals once a week for no less than two consecutive weeks | 1502 |
in | 1503 |
territorial boundaries of the regional transit authority, or as | 1504 |
provided in section 7.16 of the Revised Code. A regional transit | 1505 |
authority may require a proposal guaranty in the form, quality, | 1506 |
and amount considered appropriate by the regional transit | 1507 |
authority. The board may let the contract to the proposer making | 1508 |
the offer considered most advantageous to the authority. Where | 1509 |
fewer than two competent proposals are received, a regional | 1510 |
transit authority may negotiate price and terms with the sole | 1511 |
proposer or may rescind the solicitation and procure under | 1512 |
division (H)(2) of this section. | 1513 |
(E)(1) A regional transit authority shall procure the | 1514 |
services of an architect or engineer in the manner prescribed by | 1515 |
the "Federal Mass Transportation Act of 1987," Public Law No. | 1516 |
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 | 1517 |
and the services of a construction manager in the manner | 1518 |
prescribed by sections 9.33 to 9.332 of the Revised Code. | 1519 |
(2) A regional transit authority may procure revenue rolling | 1520 |
stock in the manner prescribed by division (B), (C), or (D) of | 1521 |
this section. | 1522 |
(3) All contracts for construction in excess of one hundred | 1523 |
thousand dollars shall be made only after the regional transit | 1524 |
authority has published a notice calling for bids once a week for | 1525 |
two consecutive weeks in | 1526 |
circulation within the territorial boundaries of the regional | 1527 |
transit authority, or as provided in section 7.16 of the Revised | 1528 |
Code. The board may award a contract to the lowest responsive and | 1529 |
responsible bidder. Where only one responsive and responsible bid | 1530 |
is received, the regional transit authority may negotiate price | 1531 |
with the sole responsive bidder or may rescind the solicitation. | 1532 |
The regional transit authority shall award construction contracts | 1533 |
in accordance with sections 153.12 to 153.14 and 153.54 of the | 1534 |
Revised Code. Divisions (B) and (C) of this section shall not | 1535 |
apply to the award of contracts for construction. | 1536 |
(F) All contracts involving expenditures in excess of one | 1537 |
hundred thousand dollars shall be in writing and shall be | 1538 |
accompanied by or shall refer to plans and specifications for the | 1539 |
work to be done. The plans and specifications shall at all times | 1540 |
be made and considered part of the contract. For all contracts | 1541 |
other than construction contracts, a regional transit authority | 1542 |
may require performance, payment, or maintenance guaranties or any | 1543 |
combination of such guaranties in the form, quality, and amount it | 1544 |
considers appropriate. The contract shall be approved by the board | 1545 |
and signed on behalf of the regional transit authority and by the | 1546 |
contractor. | 1547 |
(G) In making a contract, a regional transit authority may | 1548 |
give preference to goods produced in the United States in | 1549 |
accordance with the Buy America requirements in the "Surface | 1550 |
Transportation Assistance Act of 1982," Public Law No. 97-424, | 1551 |
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and | 1552 |
the rules adopted thereunder. The regional transit authority also | 1553 |
may give preference to providers of goods produced in and services | 1554 |
provided in labor surplus areas as defined by the United States | 1555 |
department of labor in 41 U.S.C.A. 401 note, Executive Order No. | 1556 |
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended. | 1557 |
(H) Competitive procedures under this section are not | 1558 |
required in any of the following circumstances: | 1559 |
(1) The board of trustees of a regional transit authority, by | 1560 |
a two-thirds affirmative vote of its members, determines that a | 1561 |
real and present emergency exists under any of the following | 1562 |
conditions, and the board enters its determination and the reasons | 1563 |
for it in its proceedings: | 1564 |
(a) Affecting safety, welfare, or the ability to deliver | 1565 |
transportation services; | 1566 |
(b) Arising out of an interruption of contracts essential to | 1567 |
the provision of daily transit services; | 1568 |
(c) Involving actual physical damage to structures, supplies, | 1569 |
equipment, or property. | 1570 |
(2) The purchase consists of goods or services, or any | 1571 |
combination thereof, and after reasonable inquiry the board or any | 1572 |
officer or employee the board designates finds that only one | 1573 |
source of supply is reasonably available. | 1574 |
(3) The expenditure is for a renewal or renegotiation of a | 1575 |
lease or license for telecommunications or electronic data | 1576 |
processing equipment, services, or systems, or for the upgrade of | 1577 |
such equipment, services, or systems, or for the maintenance | 1578 |
thereof as supplied by the original source or its successors or | 1579 |
assigns. | 1580 |
(4) The purchase of goods or services is made from another | 1581 |
political subdivision, public agency, public transit system, | 1582 |
regional transit authority, the state, or the federal government, | 1583 |
or as a third-party beneficiary under a state or federal | 1584 |
procurement contract, or as a participant in a department of | 1585 |
administrative services contract under division (B) of section | 1586 |
125.04 of the Revised Code. | 1587 |
(5) The sale and leaseback or lease and leaseback of transit | 1588 |
facilities is made as provided in division (AA) of section 306.35 | 1589 |
of the Revised Code. | 1590 |
(6) The purchase substantially involves services of a | 1591 |
personal, professional, highly technical, or scientific nature, | 1592 |
including but not limited to the services of an attorney, | 1593 |
physician, surveyor, appraiser, investigator, court reporter, | 1594 |
adjuster, advertising consultant, or licensed broker, or involves | 1595 |
the special skills or proprietary knowledge required for the | 1596 |
servicing of specialized equipment owned by the regional transit | 1597 |
authority. | 1598 |
(7) Services or supplies are available from a qualified | 1599 |
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 1600 |
Revised Code. | 1601 |
(8) The purchase consists of the product or services of a | 1602 |
public utility. | 1603 |
(9) The purchase is for the services of individuals with | 1604 |
disabilities to work in the authority's commissaries or | 1605 |
cafeterias, and those individuals are supplied by a nonprofit | 1606 |
corporation or association whose purpose is to assist individuals | 1607 |
with disabilities, whether or not that corporation or association | 1608 |
is funded entirely or in part by the federal government, or the | 1609 |
purchase is for services provided by a nonprofit corporation or | 1610 |
association whose purpose is to assist individuals with | 1611 |
disabilities, whether or not that corporation or association is | 1612 |
funded entirely or in part by the federal government. For purposes | 1613 |
of division (H)(9) of this section, "disability" has the same | 1614 |
meaning as in section 4112.01 of the Revised Code. | 1615 |
(I) A regional transit authority may enter into blanket | 1616 |
purchase agreements for purchases of maintenance, operating, or | 1617 |
repair goods or services where the item cost does not exceed five | 1618 |
hundred dollars and the annual expenditure does not exceed one | 1619 |
hundred thousand dollars. | 1620 |
(J) Nothing contained in this section prohibits a regional | 1621 |
transit authority from participating in intergovernmental | 1622 |
cooperative purchasing arrangements. | 1623 |
(K) Except as otherwise provided in this chapter, a regional | 1624 |
transit authority shall make a sale or other disposition of | 1625 |
property through full and open competition. Except as provided in | 1626 |
division (L) of this section, all dispositions of personal | 1627 |
property and all grants of real property for terms exceeding five | 1628 |
years shall be made by public auction or competitive procedure. | 1629 |
(L) The competitive procedures required by division (K) of | 1630 |
this section are not required in any of the following | 1631 |
circumstances: | 1632 |
(1) The grant is a component of a joint development between | 1633 |
public and private entities and is intended to enhance or benefit | 1634 |
public transit. | 1635 |
(2) The grant of a limited use or of a license affecting land | 1636 |
is made to an owner of abutting real property. | 1637 |
(3) The grant of a limited use is made to a public utility. | 1638 |
(4) The grant or disposition is to a department of the | 1639 |
federal or state government, to a political subdivision of the | 1640 |
state, or to any other governmental entity. | 1641 |
(5) Used equipment is traded on the purchase of equipment and | 1642 |
the value of the used equipment is a price-related factor in the | 1643 |
basis for award for the purchase. | 1644 |
(6) The value of the personal property is such that | 1645 |
competitive procedures are not appropriate and the property either | 1646 |
is sold at its fair market value or is disposed of by gift to a | 1647 |
nonprofit entity having the general welfare or education of the | 1648 |
public as one of its principal objects. | 1649 |
(M) The board of trustees of a regional transit authority, | 1650 |
when making a contract funded exclusively by state or local moneys | 1651 |
or any combination thereof, shall make a good faith effort to use | 1652 |
disadvantaged business enterprise participation to the same extent | 1653 |
required under Section 105(f) of the "Surface Transportation | 1654 |
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and | 1655 |
Section 106(c) of the "Surface Transportation and Uniform | 1656 |
Relocation Assistance Act of 1987," Public Law No. 100-17, 101 | 1657 |
Stat. 145, and the rules adopted thereunder. | 1658 |
(N) As used in this section: | 1659 |
(1) "Goods" means all things, including specially | 1660 |
manufactured goods, that are movable at the time of identification | 1661 |
to the contract for sale other than the money in which the price | 1662 |
is to be paid, investment securities, and things in action. | 1663 |
"Goods" also includes other identified things attached to realty | 1664 |
as described in section 1302.03 of the Revised Code. | 1665 |
(2) "Services" means the furnishing of labor, time, or effort | 1666 |
by a contractor, not involving the delivery of goods or reports | 1667 |
other than goods or reports that are merely incidental to the | 1668 |
required performance, including but not limited to insurance, | 1669 |
bonding, or routine operation, routine repair, or routine | 1670 |
maintenance of existing structures, buildings, real property, or | 1671 |
equipment, but does not include employment agreements, collective | 1672 |
bargaining agreements, or personal services. | 1673 |
(3) "Construction" means the process of building, altering, | 1674 |
repairing, improving, painting, decorating, or demolishing any | 1675 |
structure or building, or other improvements of any kind to any | 1676 |
real property owned or leased by a regional transit authority. | 1677 |
(4) "Full and open competition" has the same meaning as in | 1678 |
the "Office of Federal Procurement Policy Act," Public Law No. | 1679 |
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403. | 1680 |
(5) A bidder is "responsive" if, applying the criteria of | 1681 |
division (A) of section 9.312 of the Revised Code, the bidder is | 1682 |
"responsive" as described in that section. | 1683 |
(6) A bidder is "responsible" if, applying the criteria of | 1684 |
division (A) of section 9.312 of the Revised Code and of the | 1685 |
"Office of Federal Procurement Policy Act," Public Law No. 98-369, | 1686 |
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is | 1687 |
"responsible" as described in those sections. | 1688 |
Sec. 306.70. A tax proposed to be levied by a board of | 1689 |
county commissioners or by the board of trustees of a regional | 1690 |
transit authority pursuant to sections 5739.023 and 5741.022 of | 1691 |
the Revised Code shall not become effective until it is submitted | 1692 |
to the electors residing within the county or within the | 1693 |
territorial boundaries of the regional transit authority and | 1694 |
approved by a majority of the electors voting on it. Such question | 1695 |
shall be submitted at a general election or at a special election | 1696 |
on a day specified in the resolution levying the tax and occurring | 1697 |
not less than seventy-five days after such resolution is certified | 1698 |
to the board of elections, in accordance with section 3505.071 of | 1699 |
the Revised Code. | 1700 |
The board of elections of the county or of each county in | 1701 |
which any territory of the regional transit authority is located | 1702 |
shall make the necessary arrangements for the submission of such | 1703 |
question to the electors of the county or regional transit | 1704 |
authority, and the election shall be held, canvassed, and | 1705 |
certified in the same manner as regular elections for the election | 1706 |
of county officers. Notice of the election shall be published in | 1707 |
1708 | |
general circulation in the territory of the county or of the | 1709 |
regional transit authority once a week for two consecutive weeks | 1710 |
prior to the election | 1711 |
the Revised Code. If the board of elections operates and maintains | 1712 |
a web site, notice of the election also shall be posted on that | 1713 |
web site for thirty days prior to the election. The notice shall | 1714 |
state the type, rate, and purpose of the tax to be levied, the | 1715 |
length of time during which the tax will be in effect, and the | 1716 |
time and place of the election. | 1717 |
More than one such question may be submitted at the same | 1718 |
election. The form of the ballots cast at such election shall be: | 1719 |
"Shall a(n) ................ (sales and use) ............. | 1720 |
tax be levied for all transit purposes of the .................. | 1721 |
(here insert name of the county or regional transit authority) at | 1722 |
a rate not exceeding ................... (here insert percentage) | 1723 |
per cent for ................ (here insert number of years the tax | 1724 |
is to be in effect, or that it is to be in effect for a continuing | 1725 |
period of time)?" | 1726 |
If the tax proposed to be levied is a continuation of an | 1727 |
existing tax, whether at the same rate or at an increased or | 1728 |
reduced rate, or an increase in the rate of an existing tax, the | 1729 |
notice and ballot form shall so state. | 1730 |
The board of elections to which the resolution was certified | 1731 |
shall certify the results of the election to the county auditor of | 1732 |
the county or secretary-treasurer of the regional transit | 1733 |
authority levying the tax and to the tax commissioner of the | 1734 |
state. | 1735 |
Sec. 307.022. (A) The board of county commissioners of any | 1736 |
county may do both of the following without following the | 1737 |
competitive bidding requirements of section 307.86 of the Revised | 1738 |
Code: | 1739 |
(1) Enter into a lease, including a lease with an option to | 1740 |
purchase, of correctional facilities for a term not in excess of | 1741 |
forty years. Before entering into the lease, the board shall | 1742 |
publish, once a week for three consecutive weeks in a newspaper of | 1743 |
general circulation in the county or as provided in section 7.16 | 1744 |
of the Revised Code, a notice that the board is accepting | 1745 |
proposals for a lease pursuant to this division. The notice shall | 1746 |
state the date before which the proposals are required to be | 1747 |
submitted in order to be considered by the board. | 1748 |
(2) Subject to compliance with this section, grant leases, | 1749 |
easements, and licenses with respect to, or sell, real property | 1750 |
owned by the county if the real property is to be leased back by | 1751 |
the county for use as correctional facilities. | 1752 |
The lease under division (A)(1) of this section shall require | 1753 |
the county to contract, in accordance with Chapter 153., sections | 1754 |
307.86 to 307.92, and Chapter 4115. of the Revised Code, for the | 1755 |
construction, improvement, furnishing, and equipping of | 1756 |
correctional facilities to be leased pursuant to this section. | 1757 |
Prior to the board's execution of the lease, it may require the | 1758 |
lessor under the lease to cause sufficient money to be made | 1759 |
available to the county to enable the county to comply with the | 1760 |
certification requirements of division (D) of section 5705.41 of | 1761 |
the Revised Code. | 1762 |
A lease entered into pursuant to division (A)(1) of this | 1763 |
section by a board may provide for the county to maintain and | 1764 |
repair the correctional facility during the term of the leasehold, | 1765 |
may provide for the county to make rental payments prior to or | 1766 |
after occupation of the correctional facilities by the county, and | 1767 |
may provide for the board to obtain and maintain any insurance | 1768 |
that the lessor may require, including, but not limited to, public | 1769 |
liability, casualty, builder's risk, and business interruption | 1770 |
insurance. The obligations incurred under a lease entered into | 1771 |
pursuant to division (A)(1) of this section shall not be | 1772 |
considered to be within the debt limitations of section 133.07 of | 1773 |
the Revised Code. | 1774 |
(B) The correctional facilities leased under division (A)(1) | 1775 |
of this section may include any or all of the following: | 1776 |
(1) Facilities in which one or more other governmental | 1777 |
entities are participating or in which other facilities of the | 1778 |
county are included; | 1779 |
(2) Facilities acquired, constructed, renovated, or financed | 1780 |
by the Ohio building authority and leased to the county pursuant | 1781 |
to section 307.021 of the Revised Code; | 1782 |
(3) Correctional facilities that are under construction or | 1783 |
have been completed and for which no permanent financing has been | 1784 |
arranged. | 1785 |
(C) As used in this section: | 1786 |
(1) "Correctional facilities" includes, but is not limited | 1787 |
to, jails, detention facilities, workhouses, community-based | 1788 |
correctional facilities, and family court centers. | 1789 |
(2) "Construction" has the same meaning as in division (B) of | 1790 |
section 4115.03 of the Revised Code. | 1791 |
Sec. 307.041. (A) As used in this section, "energy | 1792 |
conservation measure" means an installation or modification of an | 1793 |
installation in, or remodeling of, an existing building, to reduce | 1794 |
energy consumption. "Energy conservation measure" includes the | 1795 |
following: | 1796 |
(1) Insulation of the building structure and of systems | 1797 |
within the building; | 1798 |
(2) Storm windows and doors, multiglazed windows and doors, | 1799 |
heat-absorbing or heat-reflective glazed and coated window and | 1800 |
door systems, additional glazing, reductions in glass area, and | 1801 |
other window and door system modifications that reduce energy | 1802 |
consumption; | 1803 |
(3) Automatic energy control systems; | 1804 |
(4) Heating, ventilating, or air conditioning system | 1805 |
modifications or replacements; | 1806 |
(5) Caulking and weatherstripping; | 1807 |
(6) Replacement or modification of lighting fixtures to | 1808 |
increase the energy efficiency of the system without increasing | 1809 |
the overall illumination of a facility, unless such an increase in | 1810 |
illumination is necessary to conform to the applicable state or | 1811 |
local building code for the proposed lighting system; | 1812 |
(7) Energy recovery systems; | 1813 |
(8) Cogeneration systems that produce steam or forms of | 1814 |
energy such as heat, as well as electricity, for use primarily | 1815 |
within a building or complex of buildings; | 1816 |
(9) Acquiring, constructing, furnishing, equipping, improving | 1817 |
the site of, and otherwise improving a central utility plant to | 1818 |
provide heating and cooling services to a building or buildings | 1819 |
together with distribution piping and ancillary distribution | 1820 |
controls, equipment, and related facilities from the central | 1821 |
utility plant to the building or buildings; | 1822 |
(10) Any other modification, installation, or remodeling | 1823 |
approved by the board of county commissioners as an energy | 1824 |
conservation measure. | 1825 |
(B) For the purpose of evaluating county buildings for energy | 1826 |
conservation measures, a county may contract with an architect, | 1827 |
professional engineer, energy services company, contractor, or | 1828 |
other person experienced in the design and implementation of | 1829 |
energy conservation measures for an energy conservation report. | 1830 |
The report shall include all of the following: | 1831 |
(1) Analyses of the buildings' energy needs and | 1832 |
recommendations for building installations, modifications of | 1833 |
existing installations, or building remodeling that would | 1834 |
significantly reduce energy consumption in the buildings owned by | 1835 |
that county; | 1836 |
(2) Estimates of all costs of those installations, those | 1837 |
modifications, or that remodeling, including costs of design, | 1838 |
engineering, installation, maintenance, and repairs; | 1839 |
(3) Estimates of the amounts by which energy consumption | 1840 |
could be reduced; | 1841 |
(4) The interest rate used to estimate the costs of any | 1842 |
energy conservation measures that are to be financed; | 1843 |
(5) The average system life of the energy conservation | 1844 |
measures; | 1845 |
(6) Estimates of the likely savings that will result from the | 1846 |
reduction in energy consumption over the average system life of | 1847 |
the energy conservation measure, including the methods used to | 1848 |
estimate the savings; | 1849 |
(7) A certification under the seal of a registered | 1850 |
professional engineer that the energy conservation report uses | 1851 |
reasonable methods of analysis and estimation. | 1852 |
(C)(1) A county desiring to implement energy conservation | 1853 |
measures may proceed under either of the following methods: | 1854 |
(a) Using a report or any part of an energy conservation | 1855 |
report prepared under division (B) of this section, advertise for | 1856 |
bids and, except as otherwise provided in this section, comply | 1857 |
with sections 307.86 to 307.92 of the Revised Code; | 1858 |
(b) Notwithstanding sections 307.86 to 307.92 of the Revised | 1859 |
Code, request proposals from at least three vendors for the | 1860 |
implementation of energy conservation measures. A request for | 1861 |
proposals shall require the installer that is awarded a contract | 1862 |
under division (C)(2)(b) of this section to prepare an energy | 1863 |
conservation report in accordance with division (B) of this | 1864 |
section. Prior to sending any installer of energy conservation | 1865 |
measures a copy of any request for proposals, the county shall | 1866 |
advertise its intent to request proposals for the installation of | 1867 |
energy conservation measures in a newspaper of general circulation | 1868 |
in the county once a week for two consecutive weeks or as | 1869 |
provided in section 7.16 of the Revised Code. The notice shall | 1870 |
state that the county intends to request proposals for the | 1871 |
installation of energy conservation measures; indicate the date, | 1872 |
which shall be at least ten days after the second publication, on | 1873 |
which the request for proposals will be mailed to installers of | 1874 |
energy conservation measures; and state that any installer of | 1875 |
energy conservation measures interested in receiving the request | 1876 |
for proposals shall submit written notice to the county not later | 1877 |
than noon of the day on which the request for proposals will be | 1878 |
mailed. | 1879 |
(2)(a) Upon receiving bids under division (C)(1)(a) of this | 1880 |
section, the county shall analyze them and select the lowest and | 1881 |
best bid or bids most likely to result in the greatest energy | 1882 |
savings considering the cost of the project and the county's | 1883 |
ability to pay for the improvements with current revenues or by | 1884 |
financing the improvements. | 1885 |
(b) Upon receiving proposals under division (C)(1)(b) of this | 1886 |
section, the county shall analyze the proposals and the | 1887 |
installers' qualifications and select the most qualified installer | 1888 |
to prepare an energy conservation report in accordance with | 1889 |
division (B) of this section. After receipt and review of the | 1890 |
energy conservation report, the county may award a contract to the | 1891 |
selected installer to install the energy conservation measures | 1892 |
that are most likely to result in the greatest energy savings | 1893 |
considering the cost of the project and the county's ability to | 1894 |
pay for the improvements with current revenues or by financing the | 1895 |
improvements. | 1896 |
(c) The awarding of a contract to install energy conservation | 1897 |
measures under division (C)(2)(a) or (b) of this section shall be | 1898 |
conditioned upon a finding by the contracting authority that the | 1899 |
amount of money spent on the energy conservation measures is not | 1900 |
likely to exceed the amount of money the county would save in | 1901 |
energy, operating, maintenance, and avoided capital costs over the | 1902 |
average system life of the energy conservation measures as | 1903 |
specified in the energy conservation report. In making such a | 1904 |
finding, the contracting authority may take into account increased | 1905 |
costs due to inflation as shown in the energy conservation report. | 1906 |
Nothing in this division prohibits a county from rejecting all | 1907 |
bids or proposals under division (C)(1)(a) or (b) of this section | 1908 |
or from selecting more than one bid or proposal. | 1909 |
(D) A board of county commissioners may enter into an | 1910 |
installment payment contract for the purchase and installation of | 1911 |
energy conservation measures. Provisions of installment payment | 1912 |
contracts that deal with interest charges and financing terms | 1913 |
shall not be subject to the competitive bidding requirements of | 1914 |
section 307.86 of the Revised Code, and shall be on the following | 1915 |
terms: | 1916 |
(1) Not less than a specified percentage, as determined and | 1917 |
approved by the board of county commissioners, of the costs of the | 1918 |
contract shall be paid within two years from the date of purchase. | 1919 |
(2) The remaining balance of the costs of the contract shall | 1920 |
be paid within the lesser of the average system life of the energy | 1921 |
conservation measures as specified in the energy conservation | 1922 |
report or thirty years. | 1923 |
(E) The board of county commissioners may issue the notes of | 1924 |
the county specifying the terms of a purchase of energy | 1925 |
conservation measures under this section and securing any deferred | 1926 |
payments provided for in division (D) of this section. The notes | 1927 |
shall be payable at the times provided and bear interest at a rate | 1928 |
not exceeding the rate determined as provided in section 9.95 of | 1929 |
the Revised Code. The notes may contain an option for prepayment | 1930 |
and shall not be subject to Chapter 133. of the Revised Code. | 1931 |
Revenues derived from local taxes or otherwise for the purpose of | 1932 |
conserving energy or for defraying the current operating expenses | 1933 |
of the county may be pledged and applied to the payment of | 1934 |
interest and the retirement of the notes. The notes may be sold at | 1935 |
private sale or given to the contractor under an installment | 1936 |
payment contract authorized by division (D) of this section. | 1937 |
(F) Debt incurred under this section shall not be included in | 1938 |
the calculation of the net indebtedness of a county under section | 1939 |
133.07 of the Revised Code. | 1940 |
Sec. 307.10. (A) No sale of real property, or lease of real | 1941 |
property used or to be used for the purpose of airports, landing | 1942 |
fields, or air navigational facilities, or parts thereof, as | 1943 |
provided by section 307.09 of the Revised Code shall be made | 1944 |
unless it is authorized by a resolution adopted by a majority of | 1945 |
the board of county commissioners. When a sale of real property as | 1946 |
provided by section 307.09 of the Revised Code is authorized, the | 1947 |
board may either deed the property to the highest responsible | 1948 |
bidder, after advertisement once a week for four consecutive weeks | 1949 |
in a newspaper of general circulation in the county or as provided | 1950 |
in section 7.16 of the Revised Code, or offer the real property | 1951 |
for sale at a public auction, after giving at least thirty days' | 1952 |
notice of the auction by publication in a newspaper of general | 1953 |
circulation in the county. The board may reject any and all bids. | 1954 |
The board may, as it considers best, sell real property pursuant | 1955 |
to this section as an entire tract or in parcels. The board, by | 1956 |
resolution adopted by a majority of the board, may lease real | 1957 |
property, in accordance with division (A) of section 307.09 of the | 1958 |
Revised Code, without advertising for bids. | 1959 |
(B) The board, by resolution, may transfer real property in | 1960 |
fee simple belonging to the county and not needed for public use | 1961 |
to the United States government, to the state or any department or | 1962 |
agency thereof, to municipal corporations or other political | 1963 |
subdivisions of the state, to the county board of developmental | 1964 |
disabilities, or to a county land reutilization corporation | 1965 |
organized under Chapter 1724. of the Revised Code for public | 1966 |
purposes upon the terms and in the manner that it may determine to | 1967 |
be in the best interests of the county, without advertising for | 1968 |
bids. The board shall execute a deed or other proper instrument | 1969 |
when such a transfer is approved. | 1970 |
(C) The board, by resolution adopted by a majority of the | 1971 |
board, may grant leases, rights, or easements to the United States | 1972 |
government, to the state or any department or agency thereof, or | 1973 |
to municipal corporations and other political subdivisions of the | 1974 |
state, or to privately owned electric light and power companies, | 1975 |
natural gas companies, or telephone or telegraph companies for | 1976 |
purposes of rendering their several public utilities services, in | 1977 |
accordance with division (B) of section 307.09 of the Revised | 1978 |
Code, without advertising for bids. When such grant of lease, | 1979 |
right, or easement is authorized, a deed or other proper | 1980 |
instrument therefor shall be executed by the board. | 1981 |
Sec. 307.12. (A) Except as otherwise provided in divisions | 1982 |
(D), (E), and (G) of this section, when the board of county | 1983 |
commissioners finds, by resolution, that the county has personal | 1984 |
property, including motor vehicles acquired for the use of county | 1985 |
officers and departments, and road machinery, equipment, tools, or | 1986 |
supplies, that is not needed for public use, is obsolete, or is | 1987 |
unfit for the use for which it was acquired, and when the fair | 1988 |
market value of the property to be sold or donated under this | 1989 |
division is, in the opinion of the board, in excess of two | 1990 |
thousand five hundred dollars, the board may do either of the | 1991 |
following: | 1992 |
(1) Sell the property at public auction or by sealed bid to | 1993 |
the highest bidder. Notice of the time, place, and manner of the | 1994 |
sale shall be published in a newspaper of general circulation in | 1995 |
the county at least ten days prior to the sale, and a typewritten | 1996 |
or printed notice of the time, place, and manner of the sale shall | 1997 |
be posted at least ten days before the sale in the offices of the | 1998 |
county auditor and the board of county commissioners. | 1999 |
If a board conducts a sale of property by sealed bid, the | 2000 |
form of the bid shall be as prescribed by the board, and each bid | 2001 |
shall contain the name of the person submitting it. Bids received | 2002 |
shall be opened and tabulated at the time stated in the notice. | 2003 |
The property shall be sold to the highest bidder, except that the | 2004 |
board may reject all bids and hold another sale, by public auction | 2005 |
or sealed bid, in the manner prescribed by this section. | 2006 |
(2) Donate any motor vehicle that does not exceed four | 2007 |
thousand five hundred dollars in value to a nonprofit organization | 2008 |
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) | 2009 |
and (c)(3) for the purpose of meeting the transportation needs of | 2010 |
participants in the Ohio works first program established under | 2011 |
Chapter 5107. of the Revised Code and participants in the | 2012 |
prevention, retention, and contingency program established under | 2013 |
Chapter 5108. of the Revised Code. | 2014 |
(B) When the board of county commissioners finds, by | 2015 |
resolution, that the county has personal property, including motor | 2016 |
vehicles acquired for the use of county officers and departments, | 2017 |
and road machinery, equipment, tools, or supplies, that is not | 2018 |
needed for public use, is obsolete, or is unfit for the use for | 2019 |
which it was acquired, and when the fair market value of the | 2020 |
property to be sold or donated under this division is, in the | 2021 |
opinion of the board, two thousand five hundred dollars or less, | 2022 |
the board may do either of the following: | 2023 |
(1) Sell the property by private sale, without advertisement | 2024 |
or public notification; | 2025 |
(2) Donate the property to an eligible nonprofit organization | 2026 |
that is located in this state and is exempt from federal income | 2027 |
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating | 2028 |
any property under this division, the board shall adopt a | 2029 |
resolution expressing its intent to make unneeded, obsolete, or | 2030 |
unfit-for-use county personal property available to these | 2031 |
organizations. The resolution shall include guidelines and | 2032 |
procedures the board considers necessary to implement a donation | 2033 |
program under this division and shall indicate whether the county | 2034 |
will conduct the donation program or the board will contract with | 2035 |
a representative to conduct it. If a representative is known when | 2036 |
the resolution is adopted, the resolution shall provide contact | 2037 |
information such as the representative's name, address, and | 2038 |
telephone number. | 2039 |
The resolution shall include within its procedures a | 2040 |
requirement that any nonprofit organization desiring to obtain | 2041 |
donated property under this division shall submit a written notice | 2042 |
to the board or its representative. The written notice shall | 2043 |
include evidence that the organization is a nonprofit organization | 2044 |
that is located in this state and is exempt from federal income | 2045 |
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of | 2046 |
the organization's primary purpose; a description of the type or | 2047 |
types of property the organization needs; and the name, address, | 2048 |
and telephone number of a person designated by the organization's | 2049 |
governing board to receive donated property and to serve as its | 2050 |
agent. | 2051 |
After adoption of the resolution, the board shall publish, in | 2052 |
a newspaper of general circulation in the county, notice of its | 2053 |
intent to donate unneeded, obsolete, or unfit-for-use county | 2054 |
personal property to eligible nonprofit organizations. The notice | 2055 |
shall include a summary of the information provided in the | 2056 |
resolution and shall be published | 2057 |
section 7.16 of the Revised Code. The second and any subsequent | 2058 |
notice shall be published not less than ten nor more than twenty | 2059 |
days after the previous notice. A similar notice also shall be | 2060 |
posted continually in a conspicuous place in the offices of the | 2061 |
county auditor and the board of county commissioners | 2062 |
the county maintains a web site on the internet, the notice shall | 2063 |
be posted continually at that web site. | 2064 |
The board or its representative shall maintain a list of all | 2065 |
nonprofit organizations that notify the board or its | 2066 |
representative of their desire to obtain donated property under | 2067 |
this division and that the board or its representative determines | 2068 |
to be eligible, in accordance with the requirements set forth in | 2069 |
this section and in the donation program's guidelines and | 2070 |
procedures, to receive donated property. | 2071 |
The board or its representatives also shall maintain a list | 2072 |
of all county personal property the board finds to be unneeded, | 2073 |
obsolete, or unfit for use and to be available for donation under | 2074 |
this division. The list shall be posted continually in a | 2075 |
conspicuous location in the offices of the county auditor and the | 2076 |
board of county commissioners, and, if the county maintains a web | 2077 |
site on the internet, the list shall be posted continually at that | 2078 |
web site. An item of property on the list shall be donated to the | 2079 |
eligible nonprofit organization that first declares to the board | 2080 |
or its representative its desire to obtain the item unless the | 2081 |
board previously has established, by resolution, a list of | 2082 |
eligible nonprofit organizations that shall be given priority with | 2083 |
respect to the item's donation. Priority may be given on the basis | 2084 |
that the purposes of a nonprofit organization have a direct | 2085 |
relationship to specific public purposes of programs provided or | 2086 |
administered by the board. A resolution giving priority to certain | 2087 |
nonprofit organizations with respect to the donation of an item of | 2088 |
property shall specify the reasons why the organizations are given | 2089 |
that priority. | 2090 |
(C) Members of the board of county commissioners shall | 2091 |
consult with the Ohio ethics commission, and comply with the | 2092 |
provisions of Chapters 102. and 2921. of the Revised Code, with | 2093 |
respect to any sale or donation under division (A) or (B) of this | 2094 |
section to a nonprofit organization of which a county | 2095 |
commissioner, any member of the county commissioner's family, or | 2096 |
any business associate of the county commissioner is a trustee, | 2097 |
officer, board member, or employee. | 2098 |
(D) Notwithstanding anything to the contrary in division (A), | 2099 |
(B), or (E) of this section and regardless of the property's | 2100 |
value, the board of county commissioners may sell or donate county | 2101 |
personal property, including motor vehicles, to the federal | 2102 |
government, the state, any political subdivision of the state, or | 2103 |
a county land reutilization corporation without advertisement or | 2104 |
public notification. | 2105 |
(E) Notwithstanding anything to the contrary in division (A), | 2106 |
(B), or (G) of this section and regardless of the property's | 2107 |
value, the board of county commissioners may sell personal | 2108 |
property, including motor vehicles acquired for the use of county | 2109 |
officers and departments, and road machinery, equipment, tools, or | 2110 |
supplies, that is not needed for public use, is obsolete, or is | 2111 |
unfit for the use for which it was acquired, by internet auction. | 2112 |
The board shall adopt, during each calendar year, a resolution | 2113 |
expressing its intent to sell that property by internet auction. | 2114 |
The resolution shall include a description of how the auctions | 2115 |
will be conducted and shall specify the number of days for bidding | 2116 |
on the property, which shall be no less than ten days, including | 2117 |
Saturdays, Sundays, and legal holidays. The resolution shall | 2118 |
indicate whether the county will conduct the auction or the board | 2119 |
will contract with a representative to conduct the auction and | 2120 |
shall establish the general terms and conditions of sale. If a | 2121 |
representative is known when the resolution is adopted, the | 2122 |
resolution shall provide contact information such as the | 2123 |
representative's name, address, and telephone number. | 2124 |
After adoption of the resolution, the board shall publish, in | 2125 |
a newspaper of general circulation in the county, notice of its | 2126 |
intent to sell unneeded, obsolete, or unfit-for-use county | 2127 |
personal property by internet auction. The notice shall include a | 2128 |
summary of the information provided in the resolution and shall be | 2129 |
published | 2130 |
Revised Code. The second and any subsequent notice shall be | 2131 |
published not less than ten nor more than twenty days after the | 2132 |
previous notice. A similar notice also shall be posted continually | 2133 |
throughout the calendar year in a conspicuous place in the offices | 2134 |
of the county auditor and the board of county commissioners | 2135 |
2136 | |
shall be posted continually throughout the calendar year at that | 2137 |
web site. | 2138 |
When property is to be sold by internet auction, the board or | 2139 |
its representative may establish a minimum price that will be | 2140 |
accepted for specific items and may establish any other terms and | 2141 |
conditions for the particular sale, including requirements for | 2142 |
pick-up or delivery, method of payment, and sales tax. This type | 2143 |
of information shall be provided on the internet at the time of | 2144 |
the auction and may be provided before that time upon request | 2145 |
after the terms and conditions have been determined by the board | 2146 |
or its representative. | 2147 |
(F) When a county officer or department head determines that | 2148 |
county-owned personal property under the jurisdiction of the | 2149 |
officer or department head, including motor vehicles, road | 2150 |
machinery, equipment, tools, or supplies, is not of immediate | 2151 |
need, the county officer or department head may notify the board | 2152 |
of county commissioners, and the board may lease that personal | 2153 |
property to any municipal corporation, township, other political | 2154 |
subdivision of the state, or to a county land reutilization | 2155 |
corporation. The lease shall require the county to be reimbursed | 2156 |
under terms, conditions, and fees established by the board, or | 2157 |
under contracts executed by the board. | 2158 |
(G) If the board of county commissioners finds, by | 2159 |
resolution, that the county has vehicles, equipment, or machinery | 2160 |
that is not needed, or is unfit for public use, and the board | 2161 |
desires to sell the vehicles, equipment, or machinery to the | 2162 |
person or firm from which it proposes to purchase other vehicles, | 2163 |
equipment, or machinery, the board may offer to sell the vehicles, | 2164 |
equipment, or machinery to that person or firm, and to have the | 2165 |
selling price credited to the person or firm against the purchase | 2166 |
price of other vehicles, equipment, or machinery. | 2167 |
(H) If the board of county commissioners advertises for bids | 2168 |
for the sale of new vehicles, equipment, or machinery to the | 2169 |
county, it may include in the same advertisement a notice of the | 2170 |
willingness of the board to accept bids for the purchase of | 2171 |
county-owned vehicles, equipment, or machinery that is obsolete or | 2172 |
not needed for public use, and to have the amount of those bids | 2173 |
subtracted from the selling price of the other vehicles, | 2174 |
equipment, or machinery as a means of determining the lowest | 2175 |
responsible bidder. | 2176 |
(I) If a board of county commissioners determines that county | 2177 |
personal property is not needed for public use, or is obsolete or | 2178 |
unfit for the use for which it was acquired, and that the property | 2179 |
has no value, the board may discard or salvage that property. | 2180 |
(J) A county engineer, in the engineer's discretion, may | 2181 |
dispose of scrap construction materials on such terms as the | 2182 |
engineer determines reasonable, including disposal without | 2183 |
recovery of costs, if the total value of the materials does not | 2184 |
exceed twenty-five thousand dollars. The engineer shall maintain | 2185 |
records of all dispositions made under this division, including | 2186 |
identification of the origin of the materials, the final | 2187 |
disposition, and copies of all receipts resulting from the | 2188 |
dispositions. | 2189 |
As used in division (I) of this section, "scrap construction | 2190 |
materials" means construction materials that result from a road or | 2191 |
bridge improvement, remain after the improvement is completed, and | 2192 |
are not reusable. Construction material that is metal and that | 2193 |
results from a road or bridge improvement and remains after the | 2194 |
improvement is completed is scrap construction material only if it | 2195 |
cannot be used in any other road or bridge improvement or other | 2196 |
project in its current state. | 2197 |
Sec. 307.676. (A) As used in this section: | 2198 |
(1) "Food and beverages" means any raw, cooked, or processed | 2199 |
edible substance used or intended for use in whole or in part for | 2200 |
human consumption, including ice, water, spirituous liquors, wine, | 2201 |
mixed beverages, beer, soft drinks, soda, and other beverages. | 2202 |
(2) "Convention facilities authority" has the same meaning as | 2203 |
in section 351.01 of the Revised Code. | 2204 |
(3) "Convention center" has the same meaning as in section | 2205 |
307.695 of the Revised Code. | 2206 |
(B) The legislative authority of a county with a population | 2207 |
of one million or more according to the most recent federal | 2208 |
decennial census may, by resolution adopted on or before August | 2209 |
30, 2004, by a majority of the members of the legislative | 2210 |
authority and with the subsequent approval of a majority of the | 2211 |
electors of the county voting upon it, levy a tax of not more than | 2212 |
two per cent on every retail sale in the county of food and | 2213 |
beverages to be consumed on the premises where sold to pay the | 2214 |
expenses of administering the tax and to provide revenues for the | 2215 |
county general fund. Such resolution shall direct the board of | 2216 |
elections to submit the question of levying the tax to the | 2217 |
electors of the county at the next primary or general election in | 2218 |
the county occurring not less than seventy-five days after the | 2219 |
resolution is certified to the board of elections, and such | 2220 |
resolution may further direct the board of elections to include | 2221 |
upon the ballot submitted to the electors any specific purposes | 2222 |
for which the tax will be used. The legislative authority shall | 2223 |
establish all regulations necessary to provide for the | 2224 |
administration and allocation of the tax. The regulations may | 2225 |
prescribe the time for payment of the tax and may provide for | 2226 |
imposition of a penalty, interest, or both for late payments, | 2227 |
provided that any such penalty may not exceed ten per cent of the | 2228 |
amount of tax due and the rate at which interest accrues may not | 2229 |
exceed the rate per annum required under section 5703.47 of the | 2230 |
Revised Code. | 2231 |
(C) A tax levied under this section shall remain in effect | 2232 |
for the period of time specified in the resolution or ordinance | 2233 |
levying the tax, but in no case for a longer period than forty | 2234 |
years. | 2235 |
(D) A tax levied under this section is in addition to any | 2236 |
other tax levied under Chapter 307., 4301., 4305., 5739., 5741., | 2237 |
or any other chapter of the Revised Code. "Price," as defined in | 2238 |
sections 5739.01 and 5741.01 of the Revised Code, does not include | 2239 |
any tax levied under this section and any tax levied under this | 2240 |
section does not include any tax imposed under Chapter 5739. or | 2241 |
5741. of the Revised Code. | 2242 |
(E)(1) No amount collected from a tax levied under this | 2243 |
section shall be contributed to a convention facilities authority, | 2244 |
corporation, or other entity created after July 1, 2003, for the | 2245 |
principal purpose of constructing, improving, expanding, | 2246 |
equipping, financing, or operating a convention center unless the | 2247 |
mayor of the municipal corporation in which the convention center | 2248 |
is to be operated by that convention facilities authority, | 2249 |
corporation, or other entity has consented to the creation of that | 2250 |
convention facilities authority, corporation, or entity. | 2251 |
Notwithstanding any contrary provision of section 351.04 of the | 2252 |
Revised Code, if a tax is levied by a county under this section, | 2253 |
the board of county commissioners of that county may determine the | 2254 |
manner of selection, the qualifications, the number, and terms of | 2255 |
office of the members of the board of directors of any convention | 2256 |
facilities authority, corporation, or other entity described in | 2257 |
division (E)(1) of this section. | 2258 |
(2)(a) No amount collected from a tax levied under this | 2259 |
section may be used for any purpose other than paying the direct | 2260 |
and indirect costs of constructing, improving, expanding, | 2261 |
equipping, financing, or operating a convention center and for the | 2262 |
real and actual costs of administering the tax, unless, prior to | 2263 |
the adoption of the resolution of the legislative authority of the | 2264 |
county directing the board of elections to submit the question of | 2265 |
the levy, extension, or increase to the electors of the county, | 2266 |
the county and the mayor of the most populous municipal | 2267 |
corporation in that county have entered into an agreement as to | 2268 |
the use of such amounts, provided that such agreement has been | 2269 |
approved by a majority of the mayors of the other municipal | 2270 |
corporations in that county. The agreement shall provide that the | 2271 |
amounts to be used for purposes other than paying the convention | 2272 |
center or administrative costs described in division (E)(2)(a) of | 2273 |
this section be used only for the direct and indirect costs of | 2274 |
capital improvements in accordance with the agreement, including | 2275 |
the financing of capital improvements. Immediately following the | 2276 |
execution of the agreement, the county shall: | 2277 |
(i) In accordance with section 7.12 of the Revised Code, | 2278 |
cause the agreement to be published | 2279 |
of general circulation in that county; or | 2280 |
(ii) Post the agreement in at least five public places in the | 2281 |
county, as determined by the legislative authority, for a period | 2282 |
not less than fifteen days. | 2283 |
(b) If the county in which the tax is levied has an | 2284 |
association of mayors and city managers, the approval of that | 2285 |
association of an agreement described in division (E)(2)(a) of | 2286 |
this section shall be considered to be the approval of the | 2287 |
majority of the mayors of the other municipal corporations for | 2288 |
purposes of that division. | 2289 |
(F) Each year, the auditor of state shall conduct an audit of | 2290 |
the uses of any amounts collected from taxes levied under this | 2291 |
section and shall prepare a report of the auditor of state's | 2292 |
findings. The auditor of state shall submit the report to the | 2293 |
legislative authority of the county that has levied the tax, the | 2294 |
speaker of the house of representatives, the president of the | 2295 |
senate, and the leaders of the minority parties of the house of | 2296 |
representatives and the senate. | 2297 |
(G) The levy of any taxes under Chapter 5739. of the Revised | 2298 |
Code on the same transactions subject to a tax under this section | 2299 |
does not prevent the levy of a tax under this section. | 2300 |
Sec. 307.70. In any county electing a county charter | 2301 |
commission, the board of county commissioners shall appropriate | 2302 |
money for the expenses of such commission in the preparation of a | 2303 |
county charter, or charter amendment, and the study of problems | 2304 |
involved. No appropriation shall be made for the compensation of | 2305 |
members of the commission for their services. The board shall | 2306 |
appropriate money for the printing and mailing or otherwise | 2307 |
distributing to each elector in the county, as far as may be | 2308 |
reasonably possible, a copy of a charter submitted to the electors | 2309 |
of the county by a charter commission or by the board pursuant to | 2310 |
petition as provided by Section 4 of Article X, Ohio Constitution. | 2311 |
The copy of the charter shall be mailed or otherwise distributed | 2312 |
at least thirty days prior to the election. The board shall | 2313 |
appropriate money for the printing and distribution or publication | 2314 |
of proposed amendments to a charter submitted by a charter | 2315 |
commission pursuant to Section 4 of Article X, Ohio Constitution. | 2316 |
Notice of amendments to a county charter shall be given by mailing | 2317 |
or otherwise distributing a copy of each proposed amendment to | 2318 |
each elector in the county, as far as may be reasonably possible, | 2319 |
at least thirty days prior to the election or, if the board so | 2320 |
determines, by publishing the full text of the proposed amendments | 2321 |
once a week for at least two consecutive weeks in a newspaper | 2322 |
2323 | |
2324 | |
2325 | |
2326 | |
provided in section 7.16 of the Revised Code. No public officer is | 2327 |
precluded, because of being a public officer, from also holding | 2328 |
office as a member of a county charter commission, except that not | 2329 |
more than four officeholders may be elected to a county charter | 2330 |
commission at the same time. No member of a county charter | 2331 |
commission, because of charter commission membership, is precluded | 2332 |
from seeking or holding other public office. | 2333 |
Sec. 307.79. (A) The board of county commissioners may | 2334 |
adopt, amend, and rescind rules establishing technically feasible | 2335 |
and economically reasonable standards to achieve a level of | 2336 |
management and conservation practices that will abate wind or | 2337 |
water erosion of the soil or abate the degradation of the waters | 2338 |
of the state by soil sediment in conjunction with land grading, | 2339 |
excavating, filling, or other soil disturbing activities on land | 2340 |
used or being developed for nonfarm commercial, industrial, | 2341 |
residential, or other nonfarm purposes, and establish criteria for | 2342 |
determination of the acceptability of those management and | 2343 |
conservation practices. The rules shall be designed to implement | 2344 |
the applicable areawide waste treatment management plan prepared | 2345 |
under section 208 of the "Federal Water Pollution Control Act," 86 | 2346 |
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement | 2347 |
phase II of the storm water program of the national pollutant | 2348 |
discharge elimination system established in 40 C.F.R. Part 122. | 2349 |
The rules to implement phase II of the storm water program of the | 2350 |
national pollutant discharge elimination system shall not be | 2351 |
inconsistent with, more stringent than, or broader in scope than | 2352 |
the rules or regulations adopted by the environmental protection | 2353 |
agency under 40 C.F.R. Part 122. The rules adopted under this | 2354 |
section shall not apply inside the limits of municipal | 2355 |
corporations or the limits of townships with a limited home rule | 2356 |
government that have adopted rules under section 504.21 of the | 2357 |
Revised Code, to lands being used in a strip mine operation as | 2358 |
defined in section 1513.01 of the Revised Code, or to land being | 2359 |
used in a surface mine operation as defined in section 1514.01 of | 2360 |
the Revised Code. | 2361 |
The rules adopted under this section may require persons to | 2362 |
file plans governing erosion control, sediment control, and water | 2363 |
management before clearing, grading, excavating, filling, or | 2364 |
otherwise wholly or partially disturbing one or more contiguous | 2365 |
acres of land owned by one person or operated as one development | 2366 |
unit for the construction of nonfarm buildings, structures, | 2367 |
utilities, recreational areas, or other similar nonfarm uses. If | 2368 |
the rules require plans to be filed, the rules shall do all of the | 2369 |
following: | 2370 |
(1) Designate the board itself, its employees, or another | 2371 |
agency or official to review and approve or disapprove the plans; | 2372 |
(2) Establish procedures and criteria for the review and | 2373 |
approval or disapproval of the plans; | 2374 |
(3) Require the designated entity to issue a permit to a | 2375 |
person for the clearing, grading, excavating, filling, or other | 2376 |
project for which plans are approved and to deny a permit to a | 2377 |
person whose plans have been disapproved; | 2378 |
(4) Establish procedures for the issuance of the permits; | 2379 |
(5) Establish procedures under which a person may appeal the | 2380 |
denial of a permit. | 2381 |
Areas of less than one contiguous acre shall not be exempt | 2382 |
from compliance with other provisions of this section or rules | 2383 |
adopted under this section. The rules adopted under this section | 2384 |
may impose reasonable filing fees for plan review, permit | 2385 |
processing, and field inspections. | 2386 |
No permit or plan shall be required for a public highway, | 2387 |
transportation, or drainage improvement or maintenance project | 2388 |
undertaken by a government agency or political subdivision in | 2389 |
accordance with a statement of its standard sediment control | 2390 |
policies that is approved by the board or the chief of the | 2391 |
division of soil and water resources in the department of natural | 2392 |
resources. | 2393 |
(B) Rules or amendments may be adopted under this section | 2394 |
only after public hearings at not fewer than two regular sessions | 2395 |
of the board. The board of county commissioners shall cause to be | 2396 |
published, in a newspaper of general circulation in the county, | 2397 |
notice of the public hearings, including time, date, and place, | 2398 |
once a week for two weeks immediately preceding the hearings, or | 2399 |
as provided in section 7.16 of the Revised Code. The proposed | 2400 |
rules or amendments shall be made available by the board to the | 2401 |
public at the board office or other location indicated in the | 2402 |
notice. The rules or amendments shall take effect on the | 2403 |
thirty-first day following the date of their adoption. | 2404 |
(C) The board of county commissioners may employ personnel to | 2405 |
assist in the administration of this section and the rules adopted | 2406 |
under it. The board also, if the action does not conflict with the | 2407 |
rules, may delegate duties to review sediment control and water | 2408 |
management plans to its employees, and may enter into agreements | 2409 |
with one or more political subdivisions, other county officials, | 2410 |
or other government agencies, in any combination, in order to | 2411 |
obtain reviews and comments on plans governing erosion control, | 2412 |
sediment control, and water management or to obtain other services | 2413 |
for the administration of the rules adopted under this section. | 2414 |
(D) The board of county commissioners or any duly authorized | 2415 |
representative of the board may, upon identification to the owner | 2416 |
or person in charge, enter any land upon obtaining agreement with | 2417 |
the owner, tenant, or manager of the land in order to determine | 2418 |
whether there is compliance with the rules adopted under this | 2419 |
section. If the board or its duly authorized representative is | 2420 |
unable to obtain such an agreement, the board or representative | 2421 |
may apply for, and a judge of the court of common pleas for the | 2422 |
county where the land is located may issue, an appropriate | 2423 |
inspection warrant as necessary to achieve the purposes of this | 2424 |
chapter. | 2425 |
(E)(1) If the board of county commissioners or its duly | 2426 |
authorized representative determines that a violation of the rules | 2427 |
adopted under this section exists, the board or representative may | 2428 |
issue an immediate stop work order if the violator failed to | 2429 |
obtain any federal, state, or local permit necessary for sediment | 2430 |
and erosion control, earth movement, clearing, or cut and fill | 2431 |
activity. In addition, if the board or representative determines | 2432 |
such a rule violation exists, regardless of whether or not the | 2433 |
violator has obtained the proper permits, the board or | 2434 |
representative may authorize the issuance of a notice of | 2435 |
violation. If, after a period of not less than thirty days has | 2436 |
elapsed following the issuance of the notice of violation, the | 2437 |
violation continues, the board or its duly authorized | 2438 |
representative shall issue a second notice of violation. Except as | 2439 |
provided in division (E)(3) of this section, if, after a period of | 2440 |
not less than fifteen days has elapsed following the issuance of | 2441 |
the second notice of violation, the violation continues, the board | 2442 |
or its duly authorized representative may issue a stop work order | 2443 |
after first obtaining the written approval of the prosecuting | 2444 |
attorney of the county if, in the opinion of the prosecuting | 2445 |
attorney, the violation is egregious. | 2446 |
Once a stop work order is issued, the board or its duly | 2447 |
authorize representative shall request, in writing, the | 2448 |
prosecuting attorney of the county to seek an injunction or other | 2449 |
appropriate relief in the court of common pleas to abate excessive | 2450 |
erosion or sedimentation and secure compliance with the rules | 2451 |
adopted under this section. If the prosecuting attorney seeks an | 2452 |
injunction or other appropriate relief, then, in granting relief, | 2453 |
the court of common pleas may order the construction of sediment | 2454 |
control improvements or implementation of other control measures | 2455 |
and may assess a civil fine of not less than one hundred or more | 2456 |
than five hundred dollars. Each day of violation of a rule or stop | 2457 |
work order issued under this section shall be considered a | 2458 |
separate violation subject to a civil fine. | 2459 |
(2) The person to whom a stop work order is issued under this | 2460 |
section may appeal the order to the court of common pleas of the | 2461 |
county in which it was issued, seeking any equitable or other | 2462 |
appropriate relief from that order. | 2463 |
(3) No stop work order shall be issued under this section | 2464 |
against any public highway, transportation, or drainage | 2465 |
improvement or maintenance project undertaken by a government | 2466 |
agency or political subdivision in accordance with a statement of | 2467 |
its standard sediment control policies that is approved by the | 2468 |
board or the chief of the division of soil and water resources in | 2469 |
the department of natural resources. | 2470 |
(F) No person shall violate any rule adopted or order issued | 2471 |
under this section. Notwithstanding division (E) of this section, | 2472 |
if the board of county commissioners determines that a violation | 2473 |
of any rule adopted or administrative order issued under this | 2474 |
section exists, the board may request, in writing, the prosecuting | 2475 |
attorney of the county to seek an injunction or other appropriate | 2476 |
relief in the court of common pleas to abate excessive erosion or | 2477 |
sedimentation and secure compliance with the rules or order. In | 2478 |
granting relief, the court of common pleas may order the | 2479 |
construction of sediment control improvements or implementation of | 2480 |
other control measures and may assess a civil fine of not less | 2481 |
than one hundred or more than five hundred dollars. Each day of | 2482 |
violation of a rule adopted or administrative order issued under | 2483 |
this section shall be considered a separate violation subject to a | 2484 |
civil fine. | 2485 |
Sec. 307.791. The question of repeal of a county sediment | 2486 |
control rule adopted under section 307.79 of the Revised Code may | 2487 |
be initiated by filing with the board of elections of the county | 2488 |
not less than seventy-five days before the general or primary | 2489 |
election in any year a petition requesting that an election be | 2490 |
held on such question. Such petition shall be signed by qualified | 2491 |
electors residing in the county equal in number to ten per cent of | 2492 |
those voting for governor at the most recent gubernatorial | 2493 |
election in the county. | 2494 |
After determination by it that such petition is valid, the | 2495 |
board of elections shall submit the question to the electors of | 2496 |
the county at the next general or primary election. The election | 2497 |
shall be conducted, canvassed, and certified in the same manner as | 2498 |
regular elections for county offices in the county. Notice of the | 2499 |
election shall be published in a newspaper of general circulation | 2500 |
in the county once a week for two consecutive weeks prior to the | 2501 |
election | 2502 |
Code. If the board of elections operates and maintains a web site, | 2503 |
notice of the election also shall be posted on that web site for | 2504 |
thirty days prior to the election. The notice shall state the | 2505 |
purpose, time, and place of the election and | 2506 |
succinct summary of each rule sought to be repealed. The form of | 2507 |
the ballot cast at such election shall be prescribed by the | 2508 |
secretary of state. The question covered by such petition shall be | 2509 |
submitted as a separate proposition, but it may be printed on the | 2510 |
same ballot with any other proposition submitted at the same | 2511 |
election other than the election of officers. If a majority of the | 2512 |
qualified electors voting on the question of repeal approve the | 2513 |
repeal, the result of the election shall be certified immediately | 2514 |
after the canvass by the board of elections to the board of county | 2515 |
commissioners, who shall thereupon rescind the rule. | 2516 |
Sec. 307.81. (A) Where lands have been dedicated to or for | 2517 |
the use of the public for parks or park lands, and where such | 2518 |
lands have remained unimproved and unused by the public and there | 2519 |
appears to be little or no possibility that such lands will be | 2520 |
improved and used by the public, the board of county commissioners | 2521 |
of the county in which the lands are located may, by resolution, | 2522 |
declare such parks or park lands vacated upon the petition of a | 2523 |
majority of the abutting freeholders. No such parks or park lands | 2524 |
shall be vacated unless notice of the pendency and prayer of the | 2525 |
petition is given in a newspaper of general circulation in the | 2526 |
county in which such lands are situated for three consecutive | 2527 |
weeks preceding action on such petition or as provided in section | 2528 |
7.16 of the Revised Code. No such lands shall be vacated prior to | 2529 |
a public hearing had thereon. | 2530 |
(B) Before the board of county commissioners may act on a | 2531 |
petition to vacate unimproved and unused parks or park lands under | 2532 |
division (A) of this section, the board shall offer such parks or | 2533 |
park lands to all political subdivisions described in division (C) | 2534 |
of this section. The board shall give notice to those political | 2535 |
subdivisions by first class mail that the parks or park lands may | 2536 |
be declared vacated unless the board of county commissioners | 2537 |
accepts an offer from another political subdivision to buy or | 2538 |
lease the lands. The failure of delivery of any such notice does | 2539 |
not invalidate any proceedings for the disposition of parks or | 2540 |
park lands under this division. Any such political subdivision | 2541 |
that wishes to buy or lease the parks or park lands shall make an | 2542 |
offer for the lands to the board in writing not later than ninety | 2543 |
days after receiving the notice. The board may reject any offer, | 2544 |
except that if it receives an offer in which the political | 2545 |
subdivision agrees to use the lands for park purposes and in which | 2546 |
the board finds all of the other terms acceptable, the board shall | 2547 |
accept that offer. No offer shall be accepted until notice of the | 2548 |
offer is published for three consecutive weeks in a newspaper of | 2549 |
general circulation in the county in which the lands are situated | 2550 |
or as provided in section 7.16 of the Revised Code, and a public | 2551 |
hearing is held. Proceeds from the sale or lease of the lands | 2552 |
shall be placed in the general fund of the county and be disbursed | 2553 |
as prescribed in section 307.82 of the Revised Code. Any deed | 2554 |
conveying the lands shall be executed as provided in that section. | 2555 |
(C) In order to receive a notice or to make an offer | 2556 |
regarding parks or park lands under division (B) of this section, | 2557 |
a political subdivision must meet both of the following | 2558 |
conditions: | 2559 |
(1) Have the authority to acquire, develop, and maintain | 2560 |
public parks or recreation areas; | 2561 |
(2) Contain the parks or park lands in question within its | 2562 |
boundaries, or adjoin a political subdivision that contains those | 2563 |
parks or park lands within its boundaries. | 2564 |
Sec. 307.82. Upon the vacation of parks or park lands, the | 2565 |
board of county commissioners shall offer such lands for sale at a | 2566 |
public auction at the courthouse of the county in which such lands | 2567 |
are situated. No lands shall be sold until the board gives notice | 2568 |
of intention to sell such lands. Such notice shall be published | 2569 |
once a week for four consecutive weeks in a newspaper of general | 2570 |
circulation in the county in which sale is to be had or as | 2571 |
provided in section 7.16 of the Revised Code. The board shall sell | 2572 |
such lands to the highest and best bidder, provided, the board may | 2573 |
reject any and all bids made hereunder. | 2574 |
When such sale is made, the auditor of the county in which | 2575 |
sale is had and in which such lands are located, shall enter into | 2576 |
a deed, conveying said lands to the purchaser thereof. At the time | 2577 |
of sale, the auditor shall place the lands sold hereunder on the | 2578 |
tax duplicate of the county at a value to be established by
| 2579 |
the auditor as in cases where | 2580 |
which has been tax exempt on the taxable list of the county. | 2581 |
The proceeds from the sale of lands sold pursuant to this | 2582 |
section shall be placed in the general fund of the county in which | 2583 |
such lands are located and may be disbursed as other general fund | 2584 |
moneys. | 2585 |
Sec. 307.83. When real estate which has been dedicated to or | 2586 |
for the use of the public for parks or park lands is vacated by | 2587 |
the board of county commissioners pursuant to division (A) of | 2588 |
section 307.81 of the Revised Code or is to be sold or leased for | 2589 |
nonpark use under division (B) of that section, and where | 2590 |
reversionary interests have been set up in the event of the | 2591 |
non-use of such lands for the dedicated purpose, such reversionary | 2592 |
interests shall accelerate and vest in the holders thereof upon | 2593 |
such vacation, or prior to the acceptance of an offer to buy or | 2594 |
lease the land. Thereupon the auditor of the county shall place | 2595 |
the lands on the tax duplicate of the county in the names of such | 2596 |
reversioners as are known to the board of county commissioners. If | 2597 |
the board is unable to establish the names of such reversioners, | 2598 |
it shall fix a date on or before which claims to such real estate | 2599 |
may be asserted and after which such real estate shall be sold or | 2600 |
leased. The board shall give notice of such date and of the sale | 2601 |
or lease to be held thereafter, once each week for four | 2602 |
consecutive weeks in a newspaper of general circulation in the | 2603 |
county wherein such lands are located or as provided in section | 2604 |
7.16 of the Revised Code. In the event that no claims to such | 2605 |
lands are asserted or found to be valid, the lands shall be sold | 2606 |
pursuant to section 307.82 of the Revised Code in the case of a | 2607 |
vacation of the lands pursuant to division (A) of section 307.81 | 2608 |
of the Revised Code, or be sold or leased pursuant to division (B) | 2609 |
of section 307.81 of the Revised Code if an agreement with a | 2610 |
political subdivision is entered into under that division, and the | 2611 |
title of any holders of reversionary interests shall be | 2612 |
extinguished. | 2613 |
Sec. 308.13. (A) The board of trustees of a regional airport | 2614 |
authority or any officer or employee designated by such board may | 2615 |
make any contract for the purchase of supplies or material or for | 2616 |
labor for any work, under the supervision of the board, the cost | 2617 |
of which shall not exceed fifteen thousand dollars. Except where | 2618 |
the contract is for equipment, materials, or supplies available | 2619 |
from a qualified nonprofit agency pursuant to sections 4115.31 to | 2620 |
4115.35 of the Revised Code, when an expenditure, other than for | 2621 |
the acquisition of real estate, the discharge of noncontractual | 2622 |
claims, personal services, or for the product or services of | 2623 |
public utilities, exceeds fifteen thousand dollars, such | 2624 |
expenditure shall be made only after a notice calling for bids has | 2625 |
been published once a week for three consecutive weeks in | 2626 |
2627 | |
boundaries of the regional airport authority, or as provided in | 2628 |
section 7.16 of the Revised Code. If the bid is for a contract for | 2629 |
the construction, demolition, alteration, repair, or | 2630 |
reconstruction of an improvement, it shall meet the requirements | 2631 |
of section 153.54 of the Revised Code. If the bid is for any other | 2632 |
contract authorized by this section, it shall be accompanied by a | 2633 |
good and approved bond with ample security conditioned on the | 2634 |
carrying out of the contract. The board may let the contract to | 2635 |
the lowest and best bidder. Such contract shall be in writing and | 2636 |
shall be accompanied by or shall refer to plans and specifications | 2637 |
for the work to be done, approved by the board. The plans and | 2638 |
specifications shall at all times be made and considered part of | 2639 |
the contract. Said contract shall be approved by the board and | 2640 |
signed by its chief executive officer and by the contractor, and | 2641 |
shall be executed in duplicate. | 2642 |
(B) Whenever a board of trustees of a regional airport | 2643 |
authority or any officer or employee designated by the board makes | 2644 |
a contract for the purchase of supplies or material or for labor | 2645 |
for any work, the cost of which is greater than one thousand | 2646 |
dollars but no more than fifteen thousand dollars, the board or | 2647 |
designated officer or employee shall solicit informal estimates | 2648 |
from no fewer than three potential suppliers before awarding the | 2649 |
contract. With regard to each such contract, the board shall | 2650 |
maintain a record of such estimates, including the name of each | 2651 |
person from whom an estimate is solicited, for no less than one | 2652 |
year after the contract is awarded. | 2653 |
Sec. 317.20. (A) When, in the opinion of the board of county | 2654 |
commissioners, sectional indexes are needed and it so directs, in | 2655 |
addition to the alphabetical indexes provided for in section | 2656 |
317.18 of the Revised Code, the board may provide for making, in | 2657 |
books prepared for that purpose, sectional indexes to the records | 2658 |
of all real estate in the county beginning with some designated | 2659 |
year and continuing through the period of years that the board | 2660 |
specifies. The sectional indexes shall place under the heads of | 2661 |
the original surveyed sections or surveys, parts of a section or | 2662 |
survey, squares, subdivisions, permanent parcel numbers provided | 2663 |
for under section 319.28 of the Revised Code, or lots, on the | 2664 |
left-hand page or on the upper portion of that page of the index | 2665 |
book, the name of the grantor, then the name of the grantee, then | 2666 |
the number and page of the record in which the instrument is found | 2667 |
recorded, then the character of the instrument, and then a | 2668 |
pertinent description of the interest in property conveyed by the | 2669 |
deed, lease, or assignment of lease and shall place under similar | 2670 |
headings on the right-hand page or on the lower portion of that | 2671 |
page of the index book, beginning at the bottom, all the | 2672 |
mortgages, liens, notices provided for in sections 5301.51, | 2673 |
5301.52, and 5301.56 of the Revised Code, or other encumbrances | 2674 |
affecting the real estate. | 2675 |
(B) The compensation for the services rendered under this | 2676 |
section shall be paid from the general revenue fund of the county, | 2677 |
and no additional levy shall be made in consequence of the | 2678 |
services. | 2679 |
(C) If the board of county commissioners decides to have | 2680 |
sectional indexes made, it shall advertise for three consecutive | 2681 |
weeks in one newspaper of general circulation in the county or as | 2682 |
provided in section 7.16 of the Revised Code for sealed proposals | 2683 |
to do the work provided for in this section, shall contract with | 2684 |
the lowest and best bidder, and shall require the successful | 2685 |
bidder to give a bond for the faithful performance of the contract | 2686 |
in the sum that the board fixes. The work shall be done to the | 2687 |
acceptance of the auditor of state upon allowance by the board. | 2688 |
The board may reject any and all bids for the work, provided that | 2689 |
no more than five cents shall be paid for each entry of each tract | 2690 |
or lot of land. | 2691 |
(D) When the sectional indexes are brought up and completed, | 2692 |
the county recorder shall maintain the indexes and comply with | 2693 |
division (E) of this section in connection with registered land. | 2694 |
(E)(1) As used in division (E) of this section, "housing | 2695 |
accommodations" and "restrictive covenant" have the same meanings | 2696 |
as in section 4112.01 of the Revised Code. | 2697 |
(2) In connection with any transfer of registered land that | 2698 |
occurs on and after | 2699 |
1999, in accordance with Chapters 5309. and 5310. of the Revised | 2700 |
Code, the county recorder shall delete from the sectional indexes | 2701 |
maintained under this section all references to any restrictive | 2702 |
covenant that appears to apply to the transferred registered land, | 2703 |
if any inclusion of the restrictive covenant in a transfer, | 2704 |
rental, or lease of housing accommodations, any honoring or | 2705 |
exercising of the restrictive covenant, or any attempt to honor or | 2706 |
exercise the restrictive covenant constitutes an unlawful | 2707 |
discriminatory practice under division (H)(9) of section 4112.02 | 2708 |
of the Revised Code. | 2709 |
Sec. 319.11. The county auditor shall, on or before ninety | 2710 |
days after the close of the fiscal year, prepare a financial | 2711 |
report of the county for the preceding fiscal year in such form as | 2712 |
prescribed by the auditor of state. Upon completing the report, | 2713 |
the county auditor shall publish notice that the report has been | 2714 |
completed and is available for public inspection at the office of | 2715 |
the county auditor. The notice shall be published once in | 2716 |
2717 | |
county | 2718 |
2719 | |
2720 | |
in the county, then publication is required in the newspaper of | 2721 |
general circulation in an adjoining county that has the largest | 2722 |
circulation in | 2723 |
at least the information required by section 117.38 of the Revised | 2724 |
Code, and a copy shall be filed with the auditor of state. | 2725 |
No county auditor shall fail or neglect to prepare the report | 2726 |
or publish notice of completion of the report as required by this | 2727 |
section. | 2728 |
Sec. 319.54. (A) On all moneys collected by the county | 2729 |
treasurer on any tax duplicate of the county, other than estate | 2730 |
tax duplicates, and on all moneys received as advance payments of | 2731 |
personal property and classified property taxes, the county | 2732 |
auditor, on settlement with the treasurer and tax commissioner, on | 2733 |
or before the date prescribed by law for such settlement or any | 2734 |
lawful extension of such date, shall be allowed as compensation | 2735 |
for the county auditor's services the following percentages: | 2736 |
(1) On the first one hundred thousand dollars, two and | 2737 |
one-half per cent; | 2738 |
(2) On the next two million dollars, eight thousand three | 2739 |
hundred eighteen ten-thousandths of one per cent; | 2740 |
(3) On the next two million dollars, six thousand six hundred | 2741 |
fifty-five ten-thousandths of one per cent; | 2742 |
(4) On all further sums, one thousand six hundred sixty-three | 2743 |
ten-thousandths of one per cent. | 2744 |
If any settlement is not made on or before the date | 2745 |
prescribed by law for such settlement or any lawful extension of | 2746 |
such date, the aggregate compensation allowed to the auditor shall | 2747 |
be reduced one per cent for each day such settlement is delayed | 2748 |
after the prescribed date. No penalty shall apply if the auditor | 2749 |
and treasurer grant all requests for advances up to ninety per | 2750 |
cent of the settlement pursuant to section 321.34 of the Revised | 2751 |
Code. The compensation allowed in accordance with this section on | 2752 |
settlements made before the dates prescribed by law, or the | 2753 |
reduced compensation allowed in accordance with this section on | 2754 |
settlements made after the date prescribed by law or any lawful | 2755 |
extension of such date, shall be apportioned ratably by the | 2756 |
auditor and deducted from the shares or portions of the revenue | 2757 |
payable to the state as well as to the county, townships, | 2758 |
municipal corporations, and school districts. | 2759 |
(B) For the purpose of reimbursing county auditors for the | 2760 |
expenses associated with the increased number of applications for | 2761 |
reductions in real property taxes under sections 323.152 and | 2762 |
4503.065 of the Revised Code that result from the amendment of | 2763 |
those sections by Am. Sub. H.B. 119 of the 127th general assembly, | 2764 |
there shall be paid from the state's general revenue fund to the | 2765 |
county treasury, to the credit of the real estate assessment fund | 2766 |
created by section 325.31 of the Revised Code, an amount equal to | 2767 |
one per cent of the total annual amount of property tax relief | 2768 |
reimbursement paid to that county under sections 323.156 and | 2769 |
4503.068 of the Revised Code for the preceding tax year. Payments | 2770 |
made under this division shall be made at the same times and in | 2771 |
the same manner as payments made under section 323.156 of the | 2772 |
Revised Code. | 2773 |
(C) From all moneys collected by the county treasurer on any | 2774 |
tax duplicate of the county, other than estate tax duplicates, and | 2775 |
on all moneys received as advance payments of personal property | 2776 |
and classified property taxes, there shall be paid into the county | 2777 |
treasury to the credit of the real estate assessment fund created | 2778 |
by section 325.31 of the Revised Code, an amount to be determined | 2779 |
by the county auditor, which shall not exceed the percentages | 2780 |
prescribed in divisions (C)(1) and (2) of this section. | 2781 |
(1) For payments made after June 30, 2007, and before 2011, | 2782 |
the following percentages: | 2783 |
(a) On the first five hundred thousand dollars, four per | 2784 |
cent; | 2785 |
(b) On the next five million dollars, two per cent; | 2786 |
(c) On the next five million dollars, one per cent; | 2787 |
(d) On all further sums not exceeding one hundred fifty | 2788 |
million dollars, three-quarters of one per cent; | 2789 |
(e) On amounts exceeding one hundred fifty million dollars, | 2790 |
five hundred eighty-five thousandths of one per cent. | 2791 |
(2) For payments made in or after 2011, the following | 2792 |
percentages: | 2793 |
(a) On the first five hundred thousand dollars, four per | 2794 |
cent; | 2795 |
(b) On the next ten million dollars, two per cent; | 2796 |
(c) On amounts exceeding ten million five hundred thousand | 2797 |
dollars, three-fourths of one per cent. | 2798 |
Such compensation shall be apportioned ratably by the auditor | 2799 |
and deducted from the shares or portions of the revenue payable to | 2800 |
the state as well as to the county, townships, municipal | 2801 |
corporations, and school districts. | 2802 |
(D) Each county auditor shall receive four per cent of the | 2803 |
amount of tax collected and paid into the county treasury, on | 2804 |
property omitted and placed by the county auditor on the tax | 2805 |
duplicate. | 2806 |
(E) On all estate tax moneys collected by the county | 2807 |
treasurer, the county auditor, on settlement semiannually with the | 2808 |
tax commissioner, shall be allowed, as compensation for the | 2809 |
auditor's services under Chapter 5731. of the Revised Code, the | 2810 |
following percentages: | 2811 |
(1) Four per cent on the first one hundred thousand dollars; | 2812 |
(2) One-half of one per cent on all additional sums. | 2813 |
Such percentages shall be computed upon the amount collected | 2814 |
and reported at each semiannual settlement, and shall be for the | 2815 |
use of the general fund of the county. | 2816 |
(F) On all cigarette license moneys collected by the county | 2817 |
treasurer, the county auditor, on settlement semiannually with the | 2818 |
treasurer, shall be allowed as compensation for the auditor's | 2819 |
services in the issuing of such licenses one-half of one per cent | 2820 |
of such moneys, to be apportioned ratably and deducted from the | 2821 |
shares of the revenue payable to the county and subdivisions, for | 2822 |
the use of the general fund of the county. | 2823 |
(G) The county auditor shall charge and receive fees as | 2824 |
follows: | 2825 |
(1) For deeds of land sold for taxes to be paid by the | 2826 |
purchaser, five dollars; | 2827 |
(2) For the transfer or entry of land, lot, or part of lot, | 2828 |
or the transfer or entry on or after January 1, 2000, of a used | 2829 |
manufactured home or mobile home as defined in section 5739.0210 | 2830 |
of the Revised Code, fifty cents for each transfer or entry, to be | 2831 |
paid by the person requiring it; | 2832 |
(3) For receiving statements of value and administering | 2833 |
section 319.202 of the Revised Code, one dollar, or ten cents for | 2834 |
each one hundred dollars or fraction of one hundred dollars, | 2835 |
whichever is greater, of the value of the real property | 2836 |
transferred or, for sales occurring on or after January 1, 2000, | 2837 |
the value of the used manufactured home or used mobile home, as | 2838 |
defined in section 5739.0210 of the Revised Code, transferred, | 2839 |
except no fee shall be charged when the transfer is made: | 2840 |
(a) To or from the United States, this state, or any | 2841 |
instrumentality, agency, or political subdivision of the United | 2842 |
States or this state; | 2843 |
(b) Solely in order to provide or release security for a debt | 2844 |
or obligation; | 2845 |
(c) To confirm or correct a deed previously executed and | 2846 |
recorded or when a current owner on any record made available to | 2847 |
the general public on the internet or a publicly accessible | 2848 |
database and the general tax list of real and public utility | 2849 |
property and the general duplicate of real and public utility | 2850 |
property is a peace officer, parole officer, prosecuting attorney, | 2851 |
assistant prosecuting attorney, correctional employee, youth | 2852 |
services employee, firefighter, EMT, or investigator of the bureau | 2853 |
of criminal identification and investigation and is changing the | 2854 |
current owner name listed on any record made available to the | 2855 |
general public on the internet or a publicly accessible database | 2856 |
and the general tax list of real and public utility property and | 2857 |
the general duplicate of real and public utility property to the | 2858 |
initials of the current owner as prescribed in division (B)(1) of | 2859 |
section 319.28 of the Revised Code; | 2860 |
(d) To evidence a gift, in trust or otherwise and whether | 2861 |
revocable or irrevocable, between husband and wife, or parent and | 2862 |
child or the spouse of either; | 2863 |
(e) On sale for delinquent taxes or assessments; | 2864 |
(f) Pursuant to court order, to the extent that such transfer | 2865 |
is not the result of a sale effected or completed pursuant to such | 2866 |
order; | 2867 |
(g) Pursuant to a reorganization of corporations or | 2868 |
unincorporated associations or pursuant to the dissolution of a | 2869 |
corporation, to the extent that the corporation conveys the | 2870 |
property to a stockholder as a distribution in kind of the | 2871 |
corporation's assets in exchange for the stockholder's shares in | 2872 |
the dissolved corporation; | 2873 |
(h) By a subsidiary corporation to its parent corporation for | 2874 |
no consideration, nominal consideration, or in sole consideration | 2875 |
of the cancellation or surrender of the subsidiary's stock; | 2876 |
(i) By lease, whether or not it extends to mineral or mineral | 2877 |
rights, unless the lease is for a term of years renewable forever; | 2878 |
(j) When the value of the real property or the manufactured | 2879 |
or mobile home or the value of the interest that is conveyed does | 2880 |
not exceed one hundred dollars; | 2881 |
(k) Of an occupied residential property, including a | 2882 |
manufactured or mobile home, being transferred to the builder of a | 2883 |
new residence or to the dealer of a new manufactured or mobile | 2884 |
home when the former residence is traded as part of the | 2885 |
consideration for the new residence or new manufactured or mobile | 2886 |
home; | 2887 |
(l) To a grantee other than a dealer in real property or in | 2888 |
manufactured or mobile homes, solely for the purpose of, and as a | 2889 |
step in, the prompt sale of the real property or manufactured or | 2890 |
mobile home to others; | 2891 |
(m) To or from a person when no money or other valuable and | 2892 |
tangible consideration readily convertible into money is paid or | 2893 |
to be paid for the real estate or manufactured or mobile home and | 2894 |
the transaction is not a gift; | 2895 |
(n) Pursuant to division (B) of section 317.22 of the Revised | 2896 |
Code, or section 2113.61 of the Revised Code, between spouses or | 2897 |
to a surviving spouse pursuant to section 5302.17 of the Revised | 2898 |
Code as it existed prior to April 4, 1985, between persons | 2899 |
pursuant to section 5302.17 or 5302.18 of the Revised Code on or | 2900 |
after April 4, 1985, to a person who is a surviving, survivorship | 2901 |
tenant pursuant to section 5302.17 of the Revised Code on or after | 2902 |
April 4, 1985, or pursuant to section 5309.45 of the Revised Code; | 2903 |
(o) To a trustee acting on behalf of minor children of the | 2904 |
deceased; | 2905 |
(p) Of an easement or right-of-way when the value of the | 2906 |
interest conveyed does not exceed one thousand dollars; | 2907 |
(q) Of property sold to a surviving spouse pursuant to | 2908 |
section 2106.16 of the Revised Code; | 2909 |
(r) To or from an organization exempt from federal income | 2910 |
taxation under section 501(c)(3) of the "Internal Revenue Code of | 2911 |
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such | 2912 |
transfer is without consideration and is in furtherance of the | 2913 |
charitable or public purposes of such organization; | 2914 |
(s) Among the heirs at law or devisees, including a surviving | 2915 |
spouse, of a common decedent, when no consideration in money is | 2916 |
paid or to be paid for the real property or manufactured or mobile | 2917 |
home; | 2918 |
(t) To a trustee of a trust, when the grantor of the trust | 2919 |
has reserved an unlimited power to revoke the trust; | 2920 |
(u) To the grantor of a trust by a trustee of the trust, when | 2921 |
the transfer is made to the grantor pursuant to the exercise of | 2922 |
the grantor's power to revoke the trust or to withdraw trust | 2923 |
assets; | 2924 |
(v) To the beneficiaries of a trust if the fee was paid on | 2925 |
the transfer from the grantor of the trust to the trustee or if | 2926 |
the transfer is made pursuant to trust provisions which became | 2927 |
irrevocable at the death of the grantor; | 2928 |
(w) To a corporation for incorporation into a sports facility | 2929 |
constructed pursuant to section 307.696 of the Revised Code; | 2930 |
(x) Between persons pursuant to section 5302.18 of the | 2931 |
Revised Code; | 2932 |
(y) From a county land reutilization corporation organized | 2933 |
under Chapter 1724. of the Revised Code to a third party. | 2934 |
(4) For the cost of publishing the delinquent manufactured | 2935 |
home tax list, the delinquent tax list, and the delinquent vacant | 2936 |
land tax list, a flat fee, as determined by the county auditor, to | 2937 |
be charged to the owner of a home on the delinquent manufactured | 2938 |
home tax list or the property owner of land on the delinquent tax | 2939 |
list or the delinquent vacant land tax list. | 2940 |
The auditor shall compute and collect the fee. The auditor | 2941 |
shall maintain a numbered receipt system, as prescribed by the tax | 2942 |
commissioner, and use such receipt system to provide a receipt to | 2943 |
each person paying a fee. The auditor shall deposit the receipts | 2944 |
of the fees on conveyances in the county treasury daily to the | 2945 |
credit of the general fund of the county, except that fees charged | 2946 |
and received under division (G)(3) of this section for a transfer | 2947 |
of real property to a county land reutilization corporation shall | 2948 |
be credited to the county land reutilization corporation fund | 2949 |
established under section 321.263 of the Revised Code. | 2950 |
The real property transfer fee provided for in division | 2951 |
(G)(3) of this section shall be applicable to any conveyance of | 2952 |
real property presented to the auditor on or after January 1, | 2953 |
1968, regardless of its time of execution or delivery. | 2954 |
The transfer fee for a used manufactured home or used mobile | 2955 |
home shall be computed by and paid to the county auditor of the | 2956 |
county in which the home is located immediately prior to the | 2957 |
transfer. | 2958 |
Sec. 321.18. As soon as sufficient funds are in the county | 2959 |
treasury to redeem the warrants drawn on the treasury, and on | 2960 |
which interest is accruing, the county treasurer shall give notice | 2961 |
in a newspaper | 2962 |
in | 2963 |
warrants, and from the date of the notice the interest on such | 2964 |
warrants shall cease. | 2965 |
Sec. 322.02. (A) For the purpose of paying the costs of | 2966 |
enforcing and administering the tax and providing additional | 2967 |
general revenue for the county, any county may levy and collect a | 2968 |
tax to be known as the real property transfer tax on each deed | 2969 |
conveying real property or any interest in real property located | 2970 |
wholly or partially within the boundaries of the county at a rate | 2971 |
not to exceed thirty cents per hundred dollars for each one | 2972 |
hundred dollars or fraction thereof of the value of the real | 2973 |
property or interest in real property located within the | 2974 |
boundaries of the county granted, assigned, transferred, or | 2975 |
otherwise conveyed by the deed. The tax shall be levied pursuant | 2976 |
to a resolution adopted by the board of county commissioners of | 2977 |
the county and, except as provided in division (A) of section | 2978 |
322.07 of the Revised Code, shall be levied at a uniform rate upon | 2979 |
all deeds as defined in | 2980 |
the Revised Code. Prior to the adoption of any such resolution, | 2981 |
the board of county commissioners shall conduct two public | 2982 |
hearings thereon, the second hearing to be not less than three nor | 2983 |
more than ten days after the first. Notice of the date, time, and | 2984 |
place of the hearings shall be given by publication in a newspaper | 2985 |
of general circulation in the county once a week on the same day | 2986 |
of the week for two consecutive weeks | 2987 |
section 7.16 of the Revised Code. The second publication | 2988 |
shall be not less than ten nor more than thirty days prior to the | 2989 |
first hearing. The tax shall be levied upon the grantor named in | 2990 |
the deed and shall be paid by the grantor for the use of the | 2991 |
county to the county auditor at the time of the delivery of the | 2992 |
deed as provided in section 319.202 of the Revised Code and prior | 2993 |
to the presentation of the deed to the recorder of the county for | 2994 |
recording. | 2995 |
(B) No resolution levying a real property transfer tax | 2996 |
pursuant to this section or a manufactured home transfer tax | 2997 |
pursuant to section 322.06 of the Revised Code shall be effective | 2998 |
sooner than thirty days following its adoption. Such a resolution | 2999 |
is subject to a referendum as provided in sections 305.31 to | 3000 |
305.41 of the Revised Code, unless the resolution is adopted as an | 3001 |
emergency measure necessary for the immediate preservation of the | 3002 |
public peace, health, or safety, in which case it shall go into | 3003 |
immediate effect. An emergency measure must receive an affirmative | 3004 |
vote of all of the members of the board of commissioners, and | 3005 |
shall state the reasons for the necessity. A resolution may direct | 3006 |
the board of elections to submit the question of levying the tax | 3007 |
to the electors of the county at the next primary or general | 3008 |
election in the county occurring not less than seventy-five days | 3009 |
after the resolution is certified to the board. No such resolution | 3010 |
shall go into effect unless approved by a majority of those voting | 3011 |
upon it. | 3012 |
Sec. 322.021. The question of a repeal of a county | 3013 |
permissive tax adopted as an emergency measure pursuant to | 3014 |
division (B) of section 322.02 of the Revised Code may be | 3015 |
initiated by filing with the board of elections of the county not | 3016 |
less than seventy-five days before the general election in any | 3017 |
year a petition requesting that an election be held on such | 3018 |
question. Such petition shall be signed by qualified electors | 3019 |
residing in the county equal in number to ten per cent of those | 3020 |
voting for governor at the most recent gubernatorial election. | 3021 |
After determination by it that such petition is valid, the | 3022 |
board of elections shall submit the question to the electors of | 3023 |
the county at the next general election. The election shall be | 3024 |
conducted, canvassed, and certified in the same manner as regular | 3025 |
elections for county offices in the county. Notice of the election | 3026 |
shall be published in a newspaper of general circulation in the | 3027 |
district once a week for two consecutive weeks prior to the | 3028 |
election | 3029 |
Code. If the board of elections operates and maintains a web site, | 3030 |
notice of the election also shall be posted on that web site for | 3031 |
thirty days prior to the election. The notice shall state the | 3032 |
purpose, time, and place of the election. The form of the ballot | 3033 |
cast at such election shall be prescribed by the secretary of | 3034 |
state. The question covered by such petition shall be submitted as | 3035 |
a separate proposition, but it may be printed on the same ballot | 3036 |
with any other proposition submitted at the same election other | 3037 |
than the election of officers. If a majority of the qualified | 3038 |
electors voting on the question of repeal approve the repeal, the | 3039 |
result of the election shall be certified immediately after the | 3040 |
canvass by the board of elections to the board of county | 3041 |
commissioners, who shall thereupon, after the current year, cease | 3042 |
to levy the tax. | 3043 |
Sec. 323.08. After certifying the tax list and duplicate | 3044 |
pursuant to section 319.28 of the Revised Code, the county auditor | 3045 |
shall deliver a list of the tax rates, tax reduction factors, and | 3046 |
effective tax rates assessed and applied against each of the two | 3047 |
classes of property of the county to the county treasurer, who | 3048 |
shall immediately cause a schedule of such tax rates and effective | 3049 |
rates to be published in a newspaper of | 3050 |
3051 | |
the county or, in lieu of such publication, the county treasurer | 3052 |
may insert a copy of such schedule with each tax bill mailed. Such | 3053 |
schedule shall specify particularly the rates and effective rates | 3054 |
of taxation levied for all purposes on the tax list and duplicate | 3055 |
for the support of the various taxing units within the county, | 3056 |
expressed in dollars and cents for each one thousand dollars of | 3057 |
valuation. The effective tax rates shall be printed in boldface | 3058 |
type. | 3059 |
The county treasurer shall publish notice of the date of the | 3060 |
last date for payment of each installment of taxes once a week for | 3061 |
two successive weeks prior to such date in | 3062 |
newspaper of general circulation within the county or as provided | 3063 |
in section 7.16 of the Revised Code. | 3064 |
3065 | |
inserted in a conspicuous place in | 3066 |
also contain notice that any taxes paid after such date will | 3067 |
accrue a penalty and interest and that failure to receive a tax | 3068 |
bill will not avoid such penalty and interest. The notice shall | 3069 |
contain a telephone number that may be called by taxpayers who | 3070 |
have not received tax bills. | 3071 |
As used in this section and section 323.131 of the Revised | 3072 |
Code, "effective tax rate" means the effective rate after making | 3073 |
the reduction required by section 319.301, but before making the | 3074 |
reduction required by section 319.302 of the Revised Code. | 3075 |
Sec. 323.73. (A) Except as provided in division (G) of this | 3076 |
section or section 323.78 of the Revised Code, a parcel of | 3077 |
abandoned land that is to be disposed of under this section shall | 3078 |
be disposed of at a public auction scheduled and conducted as | 3079 |
described in this section. At least twenty-one days prior to the | 3080 |
date of the public auction, the clerk of court or sheriff of the | 3081 |
county shall advertise the public auction in a newspaper of | 3082 |
general circulation that meets the requirements of divisions | 3083 |
(A)(1) to (5) of section 7.12 of the Revised Code in the county in | 3084 |
which the land is located. Section 2701.09 of the Revised Code | 3085 |
does not apply to publication of such an advertisement. The | 3086 |
advertisement shall include the date, time, and place of the | 3087 |
auction, the permanent parcel number of the land if a permanent | 3088 |
parcel number system is in effect in the county as provided in | 3089 |
section 319.28 of the Revised Code or, if a permanent parcel | 3090 |
number system is not in effect, any other means of identifying the | 3091 |
parcel, and a notice stating that the abandoned land is to be sold | 3092 |
subject to the terms of sections 323.65 to 323.79 of the Revised | 3093 |
Code. | 3094 |
(B) The sheriff of the county or a designee of the sheriff | 3095 |
shall conduct the public auction at which the abandoned land will | 3096 |
be offered for sale. To qualify as a bidder, a person shall file | 3097 |
with the sheriff on a form provided by the sheriff a written | 3098 |
acknowledgment that the abandoned land being offered for sale is | 3099 |
to be conveyed in fee simple to the successful bidder. At the | 3100 |
auction, the sheriff of the county or a designee of the sheriff | 3101 |
shall begin the bidding at an amount equal to the total of the | 3102 |
impositions against the abandoned land, plus the costs apportioned | 3103 |
to the land under section 323.75 of the Revised Code. The | 3104 |
abandoned land shall be sold to the highest bidder. The county | 3105 |
sheriff or designee may reject any and all bids not meeting the | 3106 |
minimum bid requirements specified in this division. | 3107 |
(C) Except as otherwise permitted under section 323.74 of the | 3108 |
Revised Code, the successful bidder at a public auction conducted | 3109 |
under this section shall pay the sheriff of the county or a | 3110 |
designee of the sheriff a deposit of at least ten per cent of the | 3111 |
purchase price in cash, or by bank draft or official bank check, | 3112 |
at the time of the public auction, and shall pay the balance of | 3113 |
the purchase price within thirty days after the day on which the | 3114 |
auction was held. Notwithstanding section 321.261 of the Revised | 3115 |
Code, with respect to any proceedings initiated pursuant to | 3116 |
sections 323.65 to 323.79 of the Revised Code, from the total | 3117 |
proceeds arising from the sale, transfer, or redemption of | 3118 |
abandoned land, twenty per cent of such proceeds shall be | 3119 |
deposited to the credit of the delinquent tax and assessment | 3120 |
collection fund to reimburse the fund for costs paid from the fund | 3121 |
for the transfer, redemption, or sale of abandoned land at public | 3122 |
auction. Not more than one-half of the twenty per cent may be used | 3123 |
by the treasurer for community development, nuisance abatement, | 3124 |
foreclosure prevention, demolition, and related services or | 3125 |
distributed by the treasurer to a land reutilization corporation. | 3126 |
The balance of the proceeds, if any, shall be distributed to the | 3127 |
appropriate political subdivisions and other taxing units in | 3128 |
proportion to their respective claims for taxes, assessments, | 3129 |
interest, and penalties on the land. Upon the sale of foreclosed | 3130 |
lands, the clerk of court shall hold any surplus proceeds in | 3131 |
excess of the impositions until the clerk receives an order of | 3132 |
priority and amount of distribution of the surplus that are | 3133 |
adjudicated by a court of competent jurisdiction or receives a | 3134 |
certified copy of an agreement between the parties entitled to a | 3135 |
share of the surplus providing for the priority and distribution | 3136 |
of the surplus. Any party to the action claiming a right to | 3137 |
distribution of surplus shall have a separate cause of action in | 3138 |
the county or municipal court of the jurisdiction in which the | 3139 |
land reposes, provided the board confirms the transfer or | 3140 |
regularity of the sale. Any dispute over the distribution of the | 3141 |
surplus shall not affect or revive the equity of redemption after | 3142 |
the board confirms the transfer or sale. | 3143 |
(D) Upon the sale or transfer of abandoned land pursuant to | 3144 |
this section, the owner's fee simple interest in the land shall be | 3145 |
conveyed to the purchaser. A conveyance under this division is | 3146 |
free and clear of any liens and encumbrances of the parties named | 3147 |
in the complaint for foreclosure attaching before the sale or | 3148 |
transfer, and free and clear of any liens for taxes, except for | 3149 |
federal tax liens and covenants and easements of record attaching | 3150 |
before the sale. | 3151 |
(E) The county board of revision shall reject the sale of | 3152 |
abandoned land to any person if it is shown by a preponderance of | 3153 |
the evidence that the person is delinquent in the payment of taxes | 3154 |
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739., | 3155 |
5741., or 5743. of the Revised Code or any real property taxing | 3156 |
provision of the Revised Code. The board also shall reject the | 3157 |
sale of abandoned land to any person if it is shown by a | 3158 |
preponderance of the evidence that the person is delinquent in the | 3159 |
payment of property taxes on any parcel in the county, or to a | 3160 |
member of any of the following classes of parties connected to | 3161 |
that person: | 3162 |
(1) A member of that person's immediate family; | 3163 |
(2) Any other person with a power of attorney appointed by | 3164 |
that person; | 3165 |
(3) A sole proprietorship owned by that person or a member of | 3166 |
that person's immediate family; | 3167 |
(4) A partnership, trust, business trust, corporation, | 3168 |
association, or other entity in which that person or a member of | 3169 |
that person's immediate family owns or controls directly or | 3170 |
indirectly any beneficial or legal interest. | 3171 |
(F) If the purchase of abandoned land sold pursuant to this | 3172 |
section or section 323.74 of the Revised Code is for less than the | 3173 |
sum of the impositions against the abandoned land and the costs | 3174 |
apportioned to the land under division (A) of section 323.75 of | 3175 |
the Revised Code, then, upon the sale or transfer, all liens for | 3176 |
taxes due at the time the deed of the property is conveyed to the | 3177 |
purchaser following the sale or transfer, and liens subordinate to | 3178 |
liens for taxes, shall be deemed satisfied and discharged. | 3179 |
(G) If the county board of revision finds that the total of | 3180 |
the impositions against the abandoned land are greater than the | 3181 |
fair market value of the abandoned land as determined by the | 3182 |
auditor's then-current valuation of that land, the board, at any | 3183 |
final hearing under section 323.70 of the Revised Code, may order | 3184 |
the property foreclosed and, without an appraisal or public | 3185 |
auction, order the sheriff to execute a deed to the certificate | 3186 |
holder or county land reutilization corporation that filed a | 3187 |
complaint under section 323.69 of the Revised Code, or to a | 3188 |
community development organization, school district, municipal | 3189 |
corporation, county, or township, whichever is applicable, as | 3190 |
provided in section 323.74 of the Revised Code. Upon a transfer | 3191 |
under this division, all liens for taxes due at the time the deed | 3192 |
of the property is transferred to the certificate holder, | 3193 |
community development organization, school district, municipal | 3194 |
corporation, county, or township following the conveyance, and | 3195 |
liens subordinate to liens for taxes, shall be deemed satisfied | 3196 |
and discharged. | 3197 |
Sec. 324.02. For the purpose of providing additional general | 3198 |
revenues for the county and paying the expense of administering | 3199 |
such levy, any county may levy a county excise tax to be known as | 3200 |
the utilities service tax on the charge for every utility service | 3201 |
to customers within the county at a rate not to exceed two per | 3202 |
cent of such charge. On utility service to customers engaged in | 3203 |
business, the tax shall be imposed at a rate of one hundred fifty | 3204 |
per cent of the rate imposed upon all other consumers within the | 3205 |
county. The tax shall be levied pursuant to a resolution adopted | 3206 |
by the board of county commissioners of the county and shall be | 3207 |
levied at uniform rates required by this section upon all charges | 3208 |
for utility service except as provided in section 324.03 of the | 3209 |
Revised Code. The tax shall be levied upon the customer and shall | 3210 |
be paid by the customer to the utility supplying the service at | 3211 |
the time the customer pays the utility for the service. If the | 3212 |
charge for utility service is billed to a person other than the | 3213 |
customer at the request of such person, the tax commissioner of | 3214 |
the state may, in accordance with section 324.04 of the Revised | 3215 |
Code, provide for the levy of the tax against and the payment of | 3216 |
the tax by such other person. Each utility furnishing a utility | 3217 |
service the charge for which is subject to the tax shall set forth | 3218 |
the tax as a separate item on each bill or statement rendered to | 3219 |
the customer. | 3220 |
Prior to the adoption of any resolution levying a utilities | 3221 |
service tax the board of county commissioners shall conduct two | 3222 |
public hearings thereon, the second hearing to be not less than | 3223 |
three nor more than ten days after the first. Notice of the date, | 3224 |
time, and place of such hearings shall be given by publication in | 3225 |
a newspaper of general circulation in the county once a week on | 3226 |
the same day of the week for two consecutive weeks | 3227 |
provided in section 7.16 of the Revised Code. The second | 3228 |
publication | 3229 |
days prior to the first hearing. No resolution levying a utilities | 3230 |
service tax pursuant to this section of the Revised Code shall be | 3231 |
effective sooner than thirty days following its adoption and such | 3232 |
resolution is subject to a referendum as provided in sections | 3233 |
305.31 to 305.41 of the Revised Code, unless such resolution is | 3234 |
adopted as an emergency measure necessary for the immediate | 3235 |
preservation of the public peace, health, or safety, in which case | 3236 |
it shall go into immediate effect. Such emergency measure must | 3237 |
receive an affirmative vote of all of the members of the board of | 3238 |
commissioners, and shall state the reasons for such necessity. A | 3239 |
resolution may direct the board of elections to submit the | 3240 |
question of levying the tax to the electors of the county at the | 3241 |
next primary or general election in the county occurring not less | 3242 |
than seventy-five days after such resolution is certified to the | 3243 |
board. No such resolution shall go into effect unless approved by | 3244 |
a majority of those voting upon it. The tax levied by such | 3245 |
resolution shall apply to all bills rendered subsequent to the | 3246 |
sixtieth day after the effective date of the resolution. No bills | 3247 |
shall be rendered out of the ordinary course of business to avoid | 3248 |
payment of the tax. | 3249 |
Sec. 324.021. The question of repeal of a county permissive | 3250 |
tax adopted as an emergency measure pursuant to section 324.02 of | 3251 |
the Revised Code may be initiated by filing with the board of | 3252 |
elections of the county not less than seventy-five days before the | 3253 |
general election in any year a petition requesting that an | 3254 |
election be held on such question. Such petition shall be signed | 3255 |
by qualified electors residing in the county equal in number to | 3256 |
ten per cent of those voting for governor at the most recent | 3257 |
gubernatorial election. | 3258 |
After determination by it that such petition is valid, the | 3259 |
board of elections shall submit the question to the electors of | 3260 |
the county at the next general election. The election shall be | 3261 |
conducted, canvassed, and certified in the same manner as regular | 3262 |
elections for county offices in the county. Notice of the election | 3263 |
shall be published in a newspaper of general circulation in the | 3264 |
district once a week for two consecutive weeks prior to the | 3265 |
election | 3266 |
Code. If the board of elections operates and maintains a web site, | 3267 |
notice of the election also shall be posted on that web site for | 3268 |
thirty days prior to the election. The notice shall state the | 3269 |
purpose, time, and place of the election. The form of the ballot | 3270 |
cast at such election shall be prescribed by the secretary of | 3271 |
state. The question covered by such petition shall be submitted as | 3272 |
a separate proposition, but it may be printed on the same ballot | 3273 |
with any other proposition submitted at the same election other | 3274 |
than the election of officers. If a majority of the qualified | 3275 |
electors voting on the question of repeal approve the repeal, the | 3276 |
result of the election shall be certified immediately after the | 3277 |
canvass by the board of elections to the board of county | 3278 |
commissioners, who shall thereupon, after the current year, cease | 3279 |
to levy the tax. | 3280 |
Sec. 343.08. (A) The board of county commissioners of a | 3281 |
county solid waste management district and the board of directors | 3282 |
of a joint solid waste management district may fix reasonable | 3283 |
rates or charges to be paid by every person, municipal | 3284 |
corporation, township, or other political subdivision that owns | 3285 |
premises to which solid waste collection, storage, transfer, | 3286 |
disposal, recycling, processing, or resource recovery service is | 3287 |
provided by the district and may change the rates or charges | 3288 |
whenever it considers it advisable. Charges for collection, | 3289 |
storage, transfer, disposal, recycling, processing, or resource | 3290 |
recovery service shall be made only against lots or parcels that | 3291 |
are improved, or in the process of being improved, with at least | 3292 |
one permanent, portable, or temporary building. The rates or | 3293 |
charges may be collected by either of the following means: | 3294 |
(1) Periodic billings made by the district directly or in | 3295 |
conjunction with billings for public utility rates or charges by a | 3296 |
county water district established under section 6103.02 of the | 3297 |
Revised Code, a county sewer district established under section | 3298 |
6117.02 of the Revised Code, or a municipal corporation or other | 3299 |
political subdivision authorized by law to provide public utility | 3300 |
service. When any such charges that are so billed are not paid, | 3301 |
the board shall certify them to the county auditor of the county | 3302 |
where the lots or parcels are located, who shall place them upon | 3303 |
the real property duplicate against the property served by the | 3304 |
collection, storage, transfer, disposal, recycling, processing, or | 3305 |
resource recovery service. The charges shall be a lien on the | 3306 |
property from the date they are placed upon the real property | 3307 |
duplicate by the auditor and shall be collected in the same manner | 3308 |
as other taxes. | 3309 |
(2) Certifying the rates or charges to the county auditor of | 3310 |
the county where the lots or parcels are located, who shall place | 3311 |
them on the real property duplicate against the lots or parcels. | 3312 |
The rates or charges are a lien on the property from the date they | 3313 |
are placed upon the real property duplicate by the auditor and | 3314 |
shall be collected in the same manner as other taxes. | 3315 |
The county or joint district need not fix a rate or charge | 3316 |
against property if the district does not operate a collection | 3317 |
system. | 3318 |
Where a county or joint district owns or operates a solid | 3319 |
waste facility, either without a collection system or in | 3320 |
conjunction therewith, the board of county commissioners or board | 3321 |
of directors may fix reasonable rates or charges for the use of | 3322 |
the facility by persons, municipal corporations, townships, and | 3323 |
other political subdivisions, may contract with any public | 3324 |
authority or person for the collection of solid wastes in any part | 3325 |
of any district for collection, storage, disposal, transfer, | 3326 |
recycling, processing, or resource recovery in any solid waste | 3327 |
facility, or may lease the facility to any public authority or | 3328 |
person. The cost of collection, storage, transfer, disposal, | 3329 |
recycling, processing, or resource recovery under such contracts | 3330 |
may be paid by rates or charges fixed and collected under this | 3331 |
section or by rates and charges fixed under those contracts and | 3332 |
collected by the contractors. | 3333 |
All moneys collected by or on behalf of a county or joint | 3334 |
district as rates or charges for solid waste collection, storage, | 3335 |
transfer, disposal, recycling, processing, or resource recovery | 3336 |
service in any district shall be paid to the county treasurer in a | 3337 |
county district or to the county treasurer or other official | 3338 |
designated by the board of directors in a joint district and kept | 3339 |
in a separate and distinct fund to the credit of the district. The | 3340 |
fund shall be used for the payment of the cost of the management, | 3341 |
maintenance, and operation of the solid waste collection or other | 3342 |
solid waste facilities of the district and, if applicable, the | 3343 |
payment of the cost of collecting the rates or charges of the | 3344 |
district pursuant to division (A)(1) or (2) of this section. Prior | 3345 |
to the approval of the district's initial solid waste management | 3346 |
plan under section 3734.55 of the Revised Code or the issuance of | 3347 |
an order under that section requiring the district to implement an | 3348 |
initial plan prepared by the director, as appropriate, the fund | 3349 |
also may be used for the purposes of division (G)(1) or (3) of | 3350 |
section 3734.57 of the Revised Code. On and after the approval of | 3351 |
the district's initial plan under section 3734.521 or 3734.55 of | 3352 |
the Revised Code or the issuance of an order under either of those | 3353 |
sections, as appropriate, requiring the district to implement an | 3354 |
initial plan prepared by the director, the fund also may be used | 3355 |
for the purposes of divisions (G)(1) to (10) of section 3734.57 of | 3356 |
the Revised Code. Those uses may include, in accordance with a | 3357 |
cost allocation plan adopted under division (B) of this section, | 3358 |
the payment of all allowable direct and indirect costs of the | 3359 |
district, the sanitary engineer or sanitary engineering | 3360 |
department, or a federal or state grant program, incurred for the | 3361 |
purposes of this chapter and sections 3734.52 to 3734.572 of the | 3362 |
Revised Code. Any surplus remaining after those uses of the fund | 3363 |
may be used for the enlargement, modification, or replacement of | 3364 |
such facilities and for the payment of the interest and principal | 3365 |
on bonds and bond anticipation notes issued pursuant to section | 3366 |
343.07 of the Revised Code. In no case shall money so collected be | 3367 |
expended otherwise than for the use and benefit of the district. | 3368 |
A board of county commissioners or directors, instead of | 3369 |
operating and maintaining solid waste collection or other solid | 3370 |
waste facilities of the district with county or joint district | 3371 |
personnel, may enter into a contract with a municipal corporation | 3372 |
having territory within the district pursuant to which the | 3373 |
operation and maintenance of the facilities will be performed by | 3374 |
the municipal corporation. | 3375 |
The products of any solid waste collection or other solid | 3376 |
waste facility owned under this chapter shall be sold through | 3377 |
competitive bidding in accordance with section 307.12 of the | 3378 |
Revised Code, except when a board of county commissioners or | 3379 |
directors determines by resolution that it is in the public | 3380 |
interest to sell those products in a commercially reasonable | 3381 |
manner without competitive bidding. | 3382 |
(B) A board of county commissioners or directors may adopt a | 3383 |
cost allocation plan that identifies, accumulates, and distributes | 3384 |
allowable direct and indirect costs that may be paid from the fund | 3385 |
of the district created in division (A) of this section and | 3386 |
prescribes methods for allocating those costs. The plan shall | 3387 |
authorize payment from the fund for only those costs incurred by | 3388 |
the district, the sanitary engineer or sanitary engineering | 3389 |
department, or a federal or state grant program, and those costs | 3390 |
incurred by the general and other funds of the county for a common | 3391 |
or joint purpose, that are necessary and reasonable for the proper | 3392 |
and efficient administration of the district under this chapter | 3393 |
and sections 3734.52 to 3734.572 of the Revised Code. The plan | 3394 |
shall not authorize payment from the fund of any general | 3395 |
government expense required to carry out the overall governmental | 3396 |
responsibilities of a county. The plan shall conform to United | 3397 |
States office of management and budget Circular A-87 "Cost | 3398 |
Principles for State and Local Governments," published January 15, | 3399 |
1983. | 3400 |
(C) A board of county commissioners or directors shall fix | 3401 |
rates or charges, or enter into contracts fixing the rates or | 3402 |
charges to be collected by the contractor, for solid waste | 3403 |
collection, storage, transfer, disposal, recycling, processing, or | 3404 |
resource recovery services at a public meeting held in accordance | 3405 |
with section 121.22 of the Revised Code. In addition to fulfilling | 3406 |
the requirements of section 121.22 of the Revised Code, the board, | 3407 |
before fixing or changing rates or charges for solid waste | 3408 |
collection, storage, transfer, disposal, recycling, processing, or | 3409 |
resource recovery services, or before entering into a contract | 3410 |
that fixes rates or charges to be collected by the contractor | 3411 |
providing the services, shall hold at least three public hearings | 3412 |
on the proposed rates, charges, or contract. Prior to the first | 3413 |
public hearing, the board shall publish notice of the public | 3414 |
hearings as provided in section 7.16 of the Revised Code or once a | 3415 |
week for three consecutive weeks in a newspaper of general | 3416 |
circulation in the county or counties that would be affected by | 3417 |
the proposed rates, charges, or contract. The notice shall include | 3418 |
a listing of the proposed rates or charges to be fixed and | 3419 |
collected by the board or fixed pursuant to the contract and | 3420 |
collected by the contractor, and the dates, time, and place of | 3421 |
each of the three hearings thereon. The board shall hear any | 3422 |
person who wishes to testify on the proposed rates, charges, or | 3423 |
contract. | 3424 |
Sec. 345.03. A copy of any resolution adopted under section | 3425 |
345.01 of the Revised Code shall be certified within five days by | 3426 |
the taxing authority and not later than four p. m. of the | 3427 |
seventy-fifth day before the day of the election, to the county | 3428 |
board of elections, and such board shall submit the proposal to | 3429 |
the electors of the subdivision at the succeeding general | 3430 |
election. The board shall make the necessary arrangements for the | 3431 |
submission of such question to the electors of the subdivision, | 3432 |
and the election shall be conducted, canvassed, and certified in | 3433 |
like manner as regular elections in such subdivision. | 3434 |
Notice of the election shall be published once in a | 3435 |
newspaper of general circulation in the subdivision, | 3436 |
3437 | |
shall set out the purpose of the proposed increase in rate, the | 3438 |
amount of the increase expressed in dollars and cents for each one | 3439 |
hundred dollars of valuation as well as in mills for each one | 3440 |
dollar of property valuation, the number of years during which | 3441 |
such increase will be in effect, and the time and place of holding | 3442 |
such election. | 3443 |
Sec. 349.03. (A) Proceedings for the organization of a new | 3444 |
community authority shall be initiated by a petition filed by the | 3445 |
developer in the office of the clerk of the board of county | 3446 |
commissioners of one of the counties in which all or part of the | 3447 |
proposed new community district is located. Such petition shall be | 3448 |
signed by the developer and may be signed by each proximate city. | 3449 |
The legislative authorities of each such proximate city shall act | 3450 |
in behalf of such city. Such petition shall contain: | 3451 |
(1) The name of the proposed new community authority; | 3452 |
(2) The address where the principal office of the authority | 3453 |
will be located or the manner in which the location will be | 3454 |
selected; | 3455 |
(3) A map and a full and accurate description of the | 3456 |
boundaries of the new community district together with a | 3457 |
description of the properties within such boundaries, if any, | 3458 |
which will not be included in the new community district. Unless | 3459 |
the district is wholly contained within municipalities, the total | 3460 |
acreage included in such district shall not be less than one | 3461 |
thousand acres, all of which acreage shall be owned by, or under | 3462 |
the control through leases of at least seventy-five years' | 3463 |
duration, options, or contracts to purchase, of the developer, if | 3464 |
the developer is a private entity. Such acreage shall be | 3465 |
developable as one functionally interrelated community. | 3466 |
(4) A statement setting forth the zoning regulations proposed | 3467 |
for zoning the area within the boundaries of the new community | 3468 |
district for comprehensive development as a new community, and if | 3469 |
the area has been zoned for such development, a certified copy of | 3470 |
the applicable zoning regulations therefor; | 3471 |
(5) A current plan indicating the proposed development | 3472 |
program for the new community district, the land acquisition and | 3473 |
land development activities, community facilities, and services | 3474 |
which it is proposed the new community authority will undertake | 3475 |
under such program and the proposed method of financing such | 3476 |
activities and services and the projected total population of the | 3477 |
new community; | 3478 |
(6) A suggested number of members, consistent with section | 3479 |
349.04 of the Revised Code, for the board of trustees; | 3480 |
(7) A preliminary economic feasibility analysis, including | 3481 |
the area development pattern and demand, location and proposed new | 3482 |
community district size, present and future socio-economic | 3483 |
conditions, public services provision, financial plan, and the | 3484 |
developer's management capability; | 3485 |
(8) A statement that the development will comply with all | 3486 |
applicable environmental laws and regulations. | 3487 |
Upon the filing of such petition, the organizational board of | 3488 |
commissioners shall determine whether such petition complies with | 3489 |
the requirements of this section as to form and substance. The | 3490 |
board in subsequent proceedings may at any time permit the | 3491 |
petition to be amended in form and substance to conform to the | 3492 |
facts by correcting any errors in the description of the proposed | 3493 |
new community district or in any other particular. | 3494 |
Upon the determination of the organizational board of | 3495 |
commissioners that a sufficient petition has been filed in | 3496 |
accordance with this section, the board shall fix the time and | 3497 |
place of a hearing on the petition for the establishment of the | 3498 |
proposed new community authority. Such hearing shall be held not | 3499 |
less than ninety-five nor more than one hundred fifteen days after | 3500 |
the petition filing date, except that if the petition has been | 3501 |
signed by all proximate cities, such hearing shall be held not | 3502 |
less than thirty nor more than forty-five days after the petition | 3503 |
filing date. The clerk of the board of county commissioners with | 3504 |
which the petition was filed shall give notice thereof by | 3505 |
publication as provided in section 7.16 of the Revised Code or | 3506 |
once each week for three consecutive weeks in a newspaper of | 3507 |
general circulation in any county of which a portion is within the | 3508 |
proposed new community district. Such clerk shall also give | 3509 |
written notice of the date, time, and place of the hearing and | 3510 |
furnish a certified copy of the petition to the clerk of the | 3511 |
legislative authority of each proximate city which has not signed | 3512 |
such petition. In the event that the legislative authority of a | 3513 |
proximate city which did not sign the petition does not approve by | 3514 |
ordinance, resolution, or motion the establishment of the proposed | 3515 |
new community authority and does not deliver such ordinance, | 3516 |
resolution, or motion to the clerk of the board of county | 3517 |
commissioners with which the petition was filed within ninety days | 3518 |
following the date of the first publication of the notice of the | 3519 |
public hearing, the organizational board of commissioners shall | 3520 |
cancel such public hearing and terminate the proceedings for the | 3521 |
establishment of the new community authority. | 3522 |
Upon the hearing, if the organizational board of | 3523 |
commissioners determines by resolution that the proposed new | 3524 |
community district will be conducive to the public health, safety, | 3525 |
convenience, and welfare, and is intended to result in the | 3526 |
development of a new community, the board shall by its resolution, | 3527 |
entered of record in its journal and the journal of the board of | 3528 |
county commissioners with which the petition was filed, declare | 3529 |
the new community authority to be organized and a body politic and | 3530 |
corporate with the corporate name designated in the resolution, | 3531 |
and define the boundary of the new community district. In | 3532 |
addition, the resolution shall provide the method of selecting the | 3533 |
board of trustees of the new community authority and fix the | 3534 |
surety for their bonds in accordance with section 349.04 of the | 3535 |
Revised Code. | 3536 |
If the organizational board of commissioners finds that the | 3537 |
establishment of the district will not be conducive to the public | 3538 |
health, safety, convenience, or welfare, or is not intended to | 3539 |
result in the development of a new community, it shall reject the | 3540 |
petition thereby terminating the proceedings for the establishment | 3541 |
of the new community authority. | 3542 |
(B) At any time after the creation of a new community | 3543 |
authority, the developer may file an application with the clerk of | 3544 |
the board of county commissioners of the county in which the | 3545 |
original petition was filed, setting forth a general description | 3546 |
of territory it desires to add or to delete from such district, | 3547 |
that such change will be conducive to the public health, safety, | 3548 |
convenience, and welfare, and will be consistent with the | 3549 |
development of a new community and will not jeopardize the plan of | 3550 |
the new community. If the developer is not a municipal corporation | 3551 |
or county, all of such an addition to such a district shall be | 3552 |
owned by, or under the control through leases of at least | 3553 |
seventy-five years' duration, options, or contracts to purchase, | 3554 |
of the developer. Upon the filing of the application, the | 3555 |
organizational board of commissioners shall follow the same | 3556 |
procedure as required by this section in relation to the petition | 3557 |
for the establishment of the proposed new community. | 3558 |
(C) If all or any part of the new community district is | 3559 |
annexed to one or more existing municipal corporations, their | 3560 |
legislative authorities may appoint persons to replace any | 3561 |
appointed citizen member of the board of trustees. The number of | 3562 |
such trustees to be replaced by the municipal corporation shall be | 3563 |
the number, rounded to the lowest integer, bearing the | 3564 |
proportionate relationship to the number of existing appointed | 3565 |
citizen members as the acreage of the new community district | 3566 |
within such municipal corporation bears to the total acreage of | 3567 |
the new community district. If any such municipal corporation | 3568 |
chooses to replace an appointed citizen member, it shall do so by | 3569 |
ordinance, the term of the trustee being replaced shall terminate | 3570 |
thirty days from the date of passage of such ordinance, and the | 3571 |
trustee to be replaced shall be determined by lot. Each newly | 3572 |
appointed member shall assume the term of | 3573 |
predecessor. | 3574 |
Sec. 501.07. Lands described in division (A) of section | 3575 |
501.06 of the Revised Code shall continue to be leased under the | 3576 |
terms granted until such time as the lease may expire. At the time | 3577 |
of expiration, subject to section 501.04 of the Revised Code, the | 3578 |
land may be leased again by the board of education of the school | 3579 |
district for whose benefit the land has been allocated or be | 3580 |
offered for sale by public auction or by the receipt of sealed | 3581 |
bids with the sale awarded by the school board to the highest | 3582 |
bidder. Prior to the offering of these lands for sale, the school | 3583 |
board shall have an appraisal made of these lands by at least two | 3584 |
disinterested appraisers. Notification of the sale of these lands, | 3585 |
including the minerals in or on these or other lands, shall be | 3586 |
advertised | 3587 |
provided in section 7.16 of the Revised Code, in a newspaper of | 3588 |
general circulation in the county in which the land is located. No | 3589 |
bids shall be accepted for less than the appraised value of the | 3590 |
land. | 3591 |
Sec. 503.05. When a boundary line between townships is in | 3592 |
dispute, the board of county commissioners, upon application of | 3593 |
the board of township trustees of one of such townships, and upon | 3594 |
notice in writing to the board of township trustees of such civil | 3595 |
township, and on thirty days' public notice printed in a newspaper | 3596 |
3597 | |
establish such boundary line and make a record thereof as provided | 3598 |
by section 503.04 of the Revised Code. | 3599 |
Sec. 503.162. (A) After certification of a resolution as | 3600 |
provided in section 503.161 of the Revised Code, the board of | 3601 |
elections shall submit the question of whether the township's name | 3602 |
shall be changed to the electors of the unincorporated area of the | 3603 |
township in accordance with division (C) of that section, and the | 3604 |
ballot language shall be substantially as follows: | 3605 |
"Shall the township of .......... (name) change its name to | 3606 |
........ (proposed name)? | 3607 |
.......... For name change | 3608 |
.......... Against name change" | 3609 |
(B)(1) At least forty-five days before the election on this | 3610 |
question, the board of township trustees shall provide notice of | 3611 |
the election and an explanation of the proposed name change in a | 3612 |
newspaper of general circulation in the township once a week for | 3613 |
two consecutive weeks | 3614 |
Revised Code. The board of township trustees shall post the notice | 3615 |
and explanation in five conspicuous places in the unincorporated | 3616 |
area of the township. | 3617 |
(2) If the board of elections operates and maintains a web | 3618 |
site, notice of the election and an explanation of the proposed | 3619 |
name change shall be posted on that web site for at least thirty | 3620 |
days before the election on this question. | 3621 |
(C) If a majority of the votes cast on the proposition of | 3622 |
changing the township's name is in the affirmative, the name | 3623 |
change is adopted and becomes effective ninety days after the | 3624 |
board of elections certifies the election results to the fiscal | 3625 |
officer of the township. Upon receipt of the certification of the | 3626 |
election results from the board of elections, the fiscal officer | 3627 |
of the township shall send a copy of that certification to the | 3628 |
secretary of state. | 3629 |
(D) A change in the name of a township shall not alter the | 3630 |
rights or liabilities of the township as previously named. | 3631 |
Sec. 503.41. (A) A board of township trustees, by | 3632 |
resolution, may regulate and require the registration of massage | 3633 |
establishments and their employees within the unincorporated | 3634 |
territory of the township. In accordance with sections 503.40 to | 3635 |
503.49 of the Revised Code, for that purpose, the board, by a | 3636 |
majority vote of all members, may adopt, amend, administer, and | 3637 |
enforce regulations within the unincorporated territory of the | 3638 |
township. | 3639 |
(B) A board may adopt regulations and amendments under this | 3640 |
section only after public hearing at not fewer than two regular | 3641 |
sessions of the board. The board shall cause to be published in
| 3642 |
3643 | |
as provided in section 7.16 of the Revised Code, notice of the | 3644 |
public hearings, including the time, date, and place, once a week | 3645 |
for two weeks immediately preceding the hearings. The board shall | 3646 |
make available proposed regulations or amendments to the public at | 3647 |
the office of the board. | 3648 |
(C) Regulations or amendments adopted by the board are | 3649 |
effective thirty days after the date of adoption unless, within | 3650 |
thirty days after the adoption of the regulations or amendments, | 3651 |
the township fiscal officer receives a petition, signed by a | 3652 |
number of qualified electors residing in the unincorporated area | 3653 |
of the township equal to not less than ten per cent of the total | 3654 |
vote cast for all candidates for governor in the area at the most | 3655 |
recent general election at which a governor was elected, | 3656 |
requesting the board to submit the regulations or amendments to | 3657 |
the electors of the area for approval or rejection at the next | 3658 |
primary or general election occurring at least seventy-five days | 3659 |
after the board receives the petition. | 3660 |
No regulation or amendment for which the referendum vote has | 3661 |
been requested is effective unless a majority of the | 3662 |
cast on the issue is in favor of the regulation or amendment. Upon | 3663 |
certification by the board of elections that a majority of the | 3664 |
votes cast on the issue was in favor of the regulation or | 3665 |
amendment, the regulation or amendment takes immediate effect. | 3666 |
(D) The board shall make available regulations it adopts or | 3667 |
amends to the public at the office of the board and shall cause to | 3668 |
be published once a notice of the availability of the regulations | 3669 |
in | 3670 |
within ten days after their adoption or amendment. | 3671 |
(E) Nothing in sections 503.40 to 503.49 of the Revised Code | 3672 |
shall be construed to allow a board of township trustees to | 3673 |
regulate the practice of any limited branch of medicine specified | 3674 |
in section 4731.15 of the Revised Code or the practice of | 3675 |
providing therapeutic massage by a licensed physician, a licensed | 3676 |
chiropractor, a licensed podiatrist, a licensed nurse, or any | 3677 |
other licensed health professional. As used in this division, | 3678 |
"licensed" means licensed, certified, or registered to practice in | 3679 |
this state. | 3680 |
Sec. 504.02. (A) After certification of a resolution as | 3681 |
provided in division (A) of section 504.01 of the Revised Code, | 3682 |
the board of elections shall submit the question of whether to | 3683 |
adopt a limited home rule government to the electors of the | 3684 |
unincorporated area of the township, and the ballot language shall | 3685 |
be substantially as follows: | 3686 |
"Shall the township of ........... (name) adopt a limited | 3687 |
home rule government, under which government the board of township | 3688 |
trustees, by resolution, may exercise limited powers of local | 3689 |
self-government and limited police powers? | 3690 |
...... | For adoption of a limited home rule government | 3691 | ||
...... | Against adoption of a limited home rule government" | 3692 |
(B)(1) At least forty-five days before the election on this | 3693 |
question, the board of township trustees shall have notice of the | 3694 |
election and a description of the proposed limited home rule | 3695 |
government published in a newspaper of general circulation in the | 3696 |
township once a week for two consecutive weeks or as provided in | 3697 |
section 7.16 of the Revised Code, and shall have the notice and | 3698 |
description posted in five conspicuous places in the | 3699 |
unincorporated area of the township. | 3700 |
(2) If a board of elections operates and maintains a web | 3701 |
site, notice of the election and a description of the proposed | 3702 |
limited home rule government shall be posted on that web site for | 3703 |
at least thirty days before the election on this question. | 3704 |
(C) If a majority of the votes cast on the proposition of | 3705 |
adopting a limited home rule government is in the affirmative, | 3706 |
that government is adopted and becomes the government of the | 3707 |
township on the first day of January immediately following the | 3708 |
election. | 3709 |
Sec. 504.03. (A)(1) If a limited home rule government is | 3710 |
adopted pursuant to section 504.02 of the Revised Code, it shall | 3711 |
remain in effect for at least three years except as otherwise | 3712 |
provided in division (B) of this section. At the end of that | 3713 |
period, if the board of township trustees determines that that | 3714 |
government is not in the best interests of the township, it may | 3715 |
adopt a resolution causing the board of elections to submit to the | 3716 |
electors of the unincorporated area of the township the question | 3717 |
of whether the township should continue the limited home rule | 3718 |
government. The question shall be voted upon at the next general | 3719 |
election occurring at least seventy-five days after the | 3720 |
certification of the resolution to the board of elections. After | 3721 |
certification of the resolution, the board of elections shall | 3722 |
submit the question to the electors of the unincorporated area of | 3723 |
the township, and the ballot language shall be substantially as | 3724 |
follows: | 3725 |
"Shall the township of ........... (name) continue the | 3726 |
limited home rule government under which it is operating? | 3727 |
...... | For continuation of the limited home rule government | 3728 | ||
...... | Against continuation of the limited home rule government" | 3729 |
(2)(a) At least forty-five days before the election on the | 3730 |
question of continuing the limited home rule government, the board | 3731 |
of township trustees shall have notice of the election published | 3732 |
in a newspaper of general circulation in the township once a week | 3733 |
for two consecutive weeks or as provided in section 7.16 of the | 3734 |
Revised Code, and shall have the notice posted in five conspicuous | 3735 |
places in the unincorporated area of the township. | 3736 |
(b) If a board of elections operates and maintains a web | 3737 |
site, notice of the election shall be posted on that web site for | 3738 |
at least thirty days before the election on the question of | 3739 |
continuing the limited home rule government. | 3740 |
(B) The electors of a township that has adopted a limited | 3741 |
home rule government may propose at any time by initiative | 3742 |
petition, in accordance with section 504.14 of the Revised Code, a | 3743 |
resolution submitting to the electors in the unincorporated area | 3744 |
of the township, in an election, the question set forth in | 3745 |
division (A)(1) of this section. | 3746 |
(C) If a majority of the votes cast under division (A) or (B) | 3747 |
of this section on the proposition of continuing the limited home | 3748 |
rule government is in the negative, that government is terminated | 3749 |
effective on the first day of January immediately following the | 3750 |
election, and a limited home rule government shall not be adopted | 3751 |
in the unincorporated area of the township pursuant to section | 3752 |
504.02 of the Revised Code for at least three years after that | 3753 |
date. | 3754 |
(D) If a limited home rule government is terminated under | 3755 |
this section, the board of township trustees immediately shall | 3756 |
adopt a resolution repealing all resolutions adopted pursuant to | 3757 |
this chapter that are not authorized by any other section of the | 3758 |
Revised Code outside this chapter, effective on the first day of | 3759 |
January immediately following the election described in division | 3760 |
(A) or (B) of this section. However, no resolution adopted under | 3761 |
this division shall affect or impair the obligations of the | 3762 |
township under any security issued or contracts entered into by | 3763 |
the township in connection with the financing of any water supply | 3764 |
facility or sewer improvement under sections 504.18 to 504.20 of | 3765 |
the Revised Code or the authority of the township to collect or | 3766 |
enforce any assessments or other revenues constituting security | 3767 |
for or source of payments of debt service charges of those | 3768 |
securities. | 3769 |
(E) Upon the termination of a limited home rule government | 3770 |
under this section, if the township had converted its board of | 3771 |
township trustees to a five-member board before September 26, | 3772 |
2003, the current board member who received the lowest number of | 3773 |
votes of the current board members who were elected at the most | 3774 |
recent election for township trustees, and the current board | 3775 |
member who received the lowest number of votes of the current | 3776 |
board members who were elected at the second most recent election | 3777 |
for township trustees, shall cease to be township trustees on the | 3778 |
date that the limited home rule government terminates. Their | 3779 |
offices likewise shall cease to exist at that time, and the board | 3780 |
shall continue as a three-member board as provided in section | 3781 |
505.01 of the Revised Code. | 3782 |
Sec. 504.12. No resolution and no section or numbered or | 3783 |
lettered division of a section shall be revised or amended unless | 3784 |
the new resolution contains the entire resolution, section, or | 3785 |
division as revised or amended, and the resolution, section, or | 3786 |
division so amended shall be repealed. This requirement does not | 3787 |
prevent the amendment of a resolution by the addition of a new | 3788 |
section, or division, and in this case the full text of the former | 3789 |
resolution need not be set forth, nor does this section prevent | 3790 |
repeals by implication. Except in the case of a codification or | 3791 |
recodification of resolutions, a separate vote shall be taken on | 3792 |
each resolution proposed to be amended. Resolutions that have been | 3793 |
introduced and have received their first reading or their first | 3794 |
and second readings, but have not been voted on for passage, may | 3795 |
be amended or revised by a majority vote of the members of the | 3796 |
board of township trustees, and the amended or revised resolution | 3797 |
need not receive additional readings. | 3798 |
The board of township trustees of a limited home rule | 3799 |
township may revise, codify, and publish in book form the | 3800 |
resolutions of the township in the same manner as provided in | 3801 |
section 731.23 of the Revised Code for municipal corporations. | 3802 |
Resolutions adopted by the board shall be published in the same | 3803 |
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and | 3804 |
731.26 of the Revised Code for municipal corporations, except that | 3805 |
they shall be published in | 3806 |
general circulation within the township. The fiscal officer of the | 3807 |
township shall perform the duties that the clerk of the | 3808 |
legislative authority of a municipal corporation is required to | 3809 |
perform under those sections. | 3810 |
The procedures provided in this section apply only to | 3811 |
resolutions adopted pursuant to a township's limited home rule | 3812 |
powers as authorized by this chapter. | 3813 |
Sec. 504.21. (A) The board of township trustees of a | 3814 |
township that has adopted a limited home rule government may, for | 3815 |
the unincorporated territory in the township, adopt, amend, and | 3816 |
rescind rules establishing technically feasible and economically | 3817 |
reasonable standards to achieve a level of management and | 3818 |
conservation practices that will abate wind or water erosion of | 3819 |
the soil or abate the degradation of the waters of the state by | 3820 |
soil sediment in conjunction with land grading, excavating, | 3821 |
filling, or other soil disturbing activities on land used or being | 3822 |
developed in the township for nonfarm commercial, industrial, | 3823 |
residential, or other nonfarm purposes, and establish criteria for | 3824 |
determination of the acceptability of those management and | 3825 |
conservation practices. The rules shall be designed to implement | 3826 |
the applicable areawide waste treatment management plan prepared | 3827 |
under section 208 of the "Federal Water Pollution Control Act," 86 | 3828 |
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement | 3829 |
phase II of the storm water program of the national pollutant | 3830 |
discharge elimination system established in 40 C.F.R. Part 122. | 3831 |
The rules to implement phase II of the storm water program of the | 3832 |
national pollutant discharge elimination system shall not be | 3833 |
inconsistent with, more stringent than, or broader in scope than | 3834 |
the rules or regulations adopted by the environmental protection | 3835 |
agency under 40 C.F.R. Part 122. The rules adopted under this | 3836 |
section shall not apply inside the limits of municipal | 3837 |
corporations, to lands being used in a strip mine operation as | 3838 |
defined in section 1513.01 of the Revised Code, or to land being | 3839 |
used in a surface mine operation as defined in section 1514.01 of | 3840 |
the Revised Code. | 3841 |
The rules adopted under this section may require persons to | 3842 |
file plans governing erosion control, sediment control, and water | 3843 |
management before clearing, grading, excavating, filling, or | 3844 |
otherwise wholly or partially disturbing one or more contiguous | 3845 |
acres of land owned by one person or operated as one development | 3846 |
unit for the construction of nonfarm buildings, structures, | 3847 |
utilities, recreational areas, or other similar nonfarm uses. If | 3848 |
the rules require plans to be filed, the rules shall do all of the | 3849 |
following: | 3850 |
(1) Designate the board itself, its employees, or another | 3851 |
agency or official to review and approve or disapprove the plans; | 3852 |
(2) Establish procedures and criteria for the review and | 3853 |
approval or disapproval of the plans; | 3854 |
(3) Require the designated entity to issue a permit to a | 3855 |
person for the clearing, grading, excavating, filling, or other | 3856 |
project for which plans are approved and to deny a permit to a | 3857 |
person whose plans have been disapproved; | 3858 |
(4) Establish procedures for the issuance of the permits; | 3859 |
(5) Establish procedures under which a person may appeal the | 3860 |
denial of a permit. | 3861 |
Areas of less than one contiguous acre shall not be exempt | 3862 |
from compliance with other provisions of this section or rules | 3863 |
adopted under this section. The rules adopted under this section | 3864 |
may impose reasonable filing fees for plan review, permit | 3865 |
processing, and field inspections. | 3866 |
No permit or plan shall be required for a public highway, | 3867 |
transportation, or drainage improvement or maintenance project | 3868 |
undertaken by a government agency or political subdivision in | 3869 |
accordance with a statement of its standard sediment control | 3870 |
policies that is approved by the board or the chief of the | 3871 |
division of soil and water resources in the department of natural | 3872 |
resources. | 3873 |
(B) Rules or amendments may be adopted under this section | 3874 |
only after public hearings at not fewer than two regular sessions | 3875 |
of the board of township trustees. The board shall cause to be | 3876 |
published, in a newspaper of general circulation in the township, | 3877 |
notice of the public hearings, including time, date, and place, | 3878 |
once a week for two weeks immediately preceding the hearings, or | 3879 |
as provided in section 7.16 of the Revised Code. The proposed | 3880 |
rules or amendments shall be made available by the board to the | 3881 |
public at the board office or other location indicated in the | 3882 |
notice. The rules or amendments shall take effect on the | 3883 |
thirty-first day following the date of their adoption. | 3884 |
(C) The board of township trustees may employ personnel to | 3885 |
assist in the administration of this section and the rules adopted | 3886 |
under it. The board also, if the action does not conflict with the | 3887 |
rules, may delegate duties to review sediment control and water | 3888 |
management plans to its employees, and may enter into agreements | 3889 |
with one or more political subdivisions, other township officials, | 3890 |
or other government agencies, in any combination, in order to | 3891 |
obtain reviews and comments on plans governing erosion control, | 3892 |
sediment control, and water management or to obtain other services | 3893 |
for the administration of the rules adopted under this section. | 3894 |
(D) The board of township trustees or any duly authorized | 3895 |
representative of the board may, upon identification to the owner | 3896 |
or person in charge, enter any land upon obtaining agreement with | 3897 |
the owner, tenant, or manager of the land in order to determine | 3898 |
whether there is compliance with the rules adopted under this | 3899 |
section. If the board or its duly authorized representative is | 3900 |
unable to obtain such an agreement, the board or representative | 3901 |
may apply for, and a judge of the court of common pleas for the | 3902 |
county where the land is located may issue, an appropriate | 3903 |
inspection warrant as necessary to achieve the purposes of this | 3904 |
section. | 3905 |
(E)(1) If the board of township trustees or its duly | 3906 |
authorized representative determines that a violation of the rules | 3907 |
adopted under this section exists, the board or representative may | 3908 |
issue an immediate stop work order if the violator failed to | 3909 |
obtain any federal, state, or local permit necessary for sediment | 3910 |
and erosion control, earth movement, clearing, or cut and fill | 3911 |
activity. In addition, if the board or representative determines | 3912 |
such a rule violation exists, regardless of whether or not the | 3913 |
violator has obtained the proper permits, the board or | 3914 |
representative may authorize the issuance of a notice of | 3915 |
violation. If, after a period of not less than thirty days has | 3916 |
elapsed following the issuance of the notice of violation, the | 3917 |
violation continues, the board or its duly authorized | 3918 |
representative shall issue a second notice of violation. Except as | 3919 |
provided in division (E)(3) of this section, if, after a period of | 3920 |
not less than fifteen days has elapsed following the issuance of | 3921 |
the second notice of violation, the violation continues, the board | 3922 |
or its duly authorized representative may issue a stop work order | 3923 |
after first obtaining the written approval of the prosecuting | 3924 |
attorney of the county in which the township is located if, in the | 3925 |
opinion of the prosecuting attorney, the violation is egregious. | 3926 |
Once a stop work order is issued, the board or its duly | 3927 |
authorized representative shall request, in writing, the | 3928 |
prosecuting attorney to seek an injunction or other appropriate | 3929 |
relief in the court of common pleas to abate excessive erosion or | 3930 |
sedimentation and secure compliance with the rules adopted under | 3931 |
this section. If the prosecuting attorney seeks an injunction or | 3932 |
other appropriate relief, then, in granting relief, the court of | 3933 |
common pleas may order the construction of sediment control | 3934 |
improvements or implementation of other control measures and may | 3935 |
assess a civil fine of not less than one hundred or more than five | 3936 |
hundred dollars. Each day of violation of a rule or stop work | 3937 |
order issued under this section shall be considered a separate | 3938 |
violation subject to a civil fine. | 3939 |
(2) The person to whom a stop work order is issued under this | 3940 |
section may appeal the order to the court of common pleas of the | 3941 |
county in which it was issued, seeking any equitable or other | 3942 |
appropriate relief from that order. | 3943 |
(3) No stop work order shall be issued under this section | 3944 |
against any public highway, transportation, or drainage | 3945 |
improvement or maintenance project undertaken by a government | 3946 |
agency or political subdivision in accordance with a statement of | 3947 |
its standard sediment control policies that is approved by the | 3948 |
board or the chief of the division of soil and water resources in | 3949 |
the department of natural resources. | 3950 |
(F) No person shall violate any rule adopted or order issued | 3951 |
under this section. Notwithstanding division (E) of this section, | 3952 |
if the board of township trustees determines that a violation of | 3953 |
any rule adopted or administrative order issued under this section | 3954 |
exists, the board may request, in writing, the prosecuting | 3955 |
attorney of the county in which the township is located, to seek | 3956 |
an injunction or other appropriate relief in the court of common | 3957 |
pleas to abate excessive erosion or sedimentation and secure | 3958 |
compliance with the rules or order. In granting relief, the court | 3959 |
of common pleas may order the construction of sediment control | 3960 |
improvements or implementation of other control measures and may | 3961 |
assess a civil fine of not less than one hundred or more than five | 3962 |
hundred dollars. Each day of violation of a rule adopted or | 3963 |
administrative order issued under this section shall be considered | 3964 |
a separate violation subject to a civil fine. | 3965 |
Sec. 505.108. Except as otherwise provided in this section | 3966 |
and unless the property involved is required to be disposed of | 3967 |
pursuant to another section of the Revised Code, property that is | 3968 |
unclaimed for ninety days or more shall be sold by the chief of | 3969 |
police or other head of the organized police department of the | 3970 |
township, township police district, joint township police | 3971 |
district, or office of a township constable at public auction, | 3972 |
after notice of the sale has been provided by publication once a | 3973 |
week for three successive weeks in a newspaper of general | 3974 |
circulation, or as provided in section 7.16 of the Revised Code, | 3975 |
in the county, or counties, if appropriate, in the case of a joint | 3976 |
township police district. The proceeds of the sale shall be paid | 3977 |
to the fiscal officer of the township and credited to the township | 3978 |
general fund, except that, in the case of a joint township police | 3979 |
district, the proceeds of a sale shall be paid to the fiscal | 3980 |
officer of the most populous participating township and credited | 3981 |
to the appropriate township general fund or funds according to | 3982 |
agreement of the participating townships. | 3983 |
If authorized to do so by a resolution adopted by the board | 3984 |
of township trustees or, in the case of a joint township police | 3985 |
district, each participating board of township trustees, and if | 3986 |
the property involved is not required to be disposed of pursuant | 3987 |
to another section of the Revised Code, the head of the | 3988 |
department, district, or office may contribute property that is | 3989 |
unclaimed for ninety days or more to one or more public agencies, | 3990 |
to one or more nonprofit organizations no part of the net income | 3991 |
of which inures to the benefit of any private shareholder or | 3992 |
individual and no substantial part of the activities of which | 3993 |
consists of carrying on propaganda or otherwise attempting to | 3994 |
influence legislation, or to one or more organizations satisfying | 3995 |
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986. | 3996 |
Sec. 505.17. (A) Except in a township or portion of a | 3997 |
township that is within the limits of a municipal corporation, the | 3998 |
board of township trustees may make regulations and orders as are | 3999 |
necessary to control passenger car, motorcycle, and internal | 4000 |
combustion engine noise, as permitted under section 4513.221 of | 4001 |
the Revised Code, and all vehicle parking in the township. This | 4002 |
authorization includes, among other powers, the power to regulate | 4003 |
parking on established roadways proximate to buildings on private | 4004 |
property as necessary to provide access to the property by public | 4005 |
safety vehicles and equipment, if the property is used for | 4006 |
commercial purposes, the public is permitted to use the parking | 4007 |
area, and accommodation for more than ten motor vehicles is | 4008 |
provided, and the power to authorize the issuance of orders | 4009 |
limiting or prohibiting parking on any township street or highway | 4010 |
during a snow emergency declared pursuant to a snow-emergency | 4011 |
authorization adopted under this division. All such regulations | 4012 |
and orders shall be subject to the limitations, restrictions, and | 4013 |
exceptions in sections 4511.01 to 4511.76 and 4513.02 to 4513.37 | 4014 |
of the Revised Code. | 4015 |
A board of township trustees may adopt a general | 4016 |
snow-emergency authorization, which becomes effective under | 4017 |
division (B)(1) of this section, allowing the president of the | 4018 |
board or some other person specified in the authorization to issue | 4019 |
an order declaring a snow emergency and limiting or prohibiting | 4020 |
parking on any township street or highway during the snow | 4021 |
emergency. Any such order becomes effective under division (B)(2) | 4022 |
of this section. Each general snow-emergency authorization adopted | 4023 |
under this division shall specify the weather conditions under | 4024 |
which a snow emergency may be declared in that township. | 4025 |
(B)(1) All regulations and orders, including any | 4026 |
snow-emergency authorization established by the board under this | 4027 |
section, except for an order declaring a snow emergency as | 4028 |
provided in division (B)(2) of this section, shall be posted by | 4029 |
the township fiscal officer in five conspicuous public places in | 4030 |
the township for thirty days before becoming effective, and shall | 4031 |
be published in a newspaper of general circulation in the township | 4032 |
for three consecutive weeks or as provided in section 7.16 of the | 4033 |
Revised Code. In addition to these requirements, no general | 4034 |
snow-emergency authorization shall become effective until | 4035 |
permanent signs giving notice that parking is limited or | 4036 |
prohibited during a snow emergency are properly posted, in | 4037 |
accordance with any applicable standards adopted by the department | 4038 |
of transportation, along streets or highways specified in the | 4039 |
authorization. | 4040 |
(2) Pursuant to the adoption of a snow-emergency | 4041 |
authorization under this section, an order declaring a snow | 4042 |
emergency becomes effective two hours after the president of the | 4043 |
board or the other person specified in the general snow-emergency | 4044 |
authorization makes an announcement of a snow emergency to the | 4045 |
local news media. The president or other specified person shall | 4046 |
request the local news media to announce that a snow emergency has | 4047 |
been declared, the time the declaration will go into effect, and | 4048 |
whether the snow emergency will remain in effect for a specified | 4049 |
period of time or indefinitely until canceled by a subsequent | 4050 |
announcement to the local news media by the president or other | 4051 |
specified person. | 4052 |
(C) Such regulations and orders may be enforced where traffic | 4053 |
control devices conforming to section 4511.09 of the Revised Code | 4054 |
are prominently displayed. Parking regulations authorized by this | 4055 |
section do not apply to any state highway unless the parking | 4056 |
regulations are approved by the director of transportation. | 4057 |
(D) A board of township trustees or its designated agent may | 4058 |
order into storage any vehicle parked in violation of a township | 4059 |
parking regulation or order, if the violation is not one that is | 4060 |
required to be handled pursuant to Chapter 4521. of the Revised | 4061 |
Code. The owner or any lienholder of a vehicle ordered into | 4062 |
storage may claim the vehicle upon presentation of proof of | 4063 |
ownership, which may be evidenced by a certificate of title to the | 4064 |
vehicle, and payment of all expenses, charges, and fines incurred | 4065 |
as a result of the parking violation and removal and storage of | 4066 |
the vehicle. | 4067 |
(E) Whoever violates any regulation or order adopted pursuant | 4068 |
to this section is guilty of a minor misdemeanor, unless the | 4069 |
township has enacted a regulation pursuant to division (A) of | 4070 |
section 4521.02 of the Revised Code, that specifies that the | 4071 |
violation shall not be considered a criminal offense and shall be | 4072 |
handled pursuant to Chapter 4521. of the Revised Code. Fines | 4073 |
levied and collected under this section shall be paid into the | 4074 |
township general revenue fund. | 4075 |
Sec. 505.264. (A) As used in this section, "energy | 4076 |
conservation measure" means an installation or modification of an | 4077 |
installation in, or remodeling of, an existing building, to reduce | 4078 |
energy consumption. It includes the following: | 4079 |
(1) Insulation of the building structure and of systems | 4080 |
within the building; | 4081 |
(2) Storm windows and doors, multiglazed windows and doors, | 4082 |
heat-absorbing or heat-reflective glazed and coated window and | 4083 |
door systems, additional glazing, reductions in glass area, and | 4084 |
other window and door system modifications that reduce energy | 4085 |
consumption; | 4086 |
(3) Automatic energy control systems; | 4087 |
(4) Heating, ventilating, or air conditioning system | 4088 |
modifications or replacements; | 4089 |
(5) Caulking and weatherstripping; | 4090 |
(6) Replacement or modification of lighting fixtures to | 4091 |
increase the energy efficiency of the system without increasing | 4092 |
the overall illumination of a facility, unless an increase in | 4093 |
illumination is necessary to conform to the applicable state or | 4094 |
local building code for the proposed lighting system; | 4095 |
(7) Energy recovery systems; | 4096 |
(8) Cogeneration systems that produce steam or forms of | 4097 |
energy such as heat, as well as electricity, for use primarily | 4098 |
within a building or complex of buildings; | 4099 |
(9) Any other modification, installation, or remodeling | 4100 |
approved by the board of township trustees as an energy | 4101 |
conservation measure. | 4102 |
(B) For the purpose of evaluating township buildings for | 4103 |
energy conservation measures, a township may contract with an | 4104 |
architect, professional engineer, energy services company, | 4105 |
contractor, or other person experienced in the design and | 4106 |
implementation of energy conservation measures for a report that | 4107 |
analyzes the buildings' energy needs and presents recommendations | 4108 |
for building installations, modifications of existing | 4109 |
installations, or building remodeling that would significantly | 4110 |
reduce energy consumption in the buildings owned by that township. | 4111 |
The report shall include estimates of all costs of the | 4112 |
installations, modifications, or remodeling, including costs of | 4113 |
design, engineering, installation, maintenance, and repairs, and | 4114 |
estimates of the amounts by which energy consumption could be | 4115 |
reduced. | 4116 |
(C) A township desiring to implement energy conservation | 4117 |
measures may proceed under either of the following methods: | 4118 |
(1) Using a report or any part of a report prepared under | 4119 |
division (B) of this section, advertise for bids and comply with | 4120 |
the bidding procedures set forth in sections 307.86 to 307.92 of | 4121 |
the Revised Code; | 4122 |
(2) Request proposals from at least three vendors for the | 4123 |
implementation of energy conservation measures. Prior to sending | 4124 |
any installer of energy conservation measures a copy of any such | 4125 |
request, the township shall advertise its intent to request | 4126 |
proposals for the installation of energy conservation measures in | 4127 |
a newspaper of general circulation in the township once a week for | 4128 |
two consecutive weeks or as provided in section 7.16 of the | 4129 |
Revised Code. The notice shall state that the township intends to | 4130 |
request proposals for the installation of energy conservation | 4131 |
measures; indicate the date, which shall be at least ten days | 4132 |
after the second publication, on which the request for proposals | 4133 |
will be mailed to installers of energy conservation measures; and | 4134 |
state that any installer of energy conservation measures | 4135 |
interested in receiving the request for proposal shall submit | 4136 |
written notice to the township not later than noon of the day on | 4137 |
which the request for proposal will be mailed. | 4138 |
Upon receiving the proposals, the township shall analyze them | 4139 |
and select the proposal or proposals most likely to result in the | 4140 |
greatest energy savings considering the cost of the project and | 4141 |
the township's ability to pay for the improvements with current | 4142 |
revenues or by financing the improvements. The awarding of a | 4143 |
contract to install energy conservation measures under division | 4144 |
(C)(2) of this section shall be conditioned upon a finding by the | 4145 |
township that the amount of money spent on energy savings measures | 4146 |
is not likely to exceed the amount of money the township would | 4147 |
save in energy and operating costs over ten years or a lesser | 4148 |
period as determined by the township or, in the case of contracts | 4149 |
for cogeneration systems, over five years or a lesser period as | 4150 |
determined by the township. Nothing in this section prohibits a | 4151 |
township from rejecting all proposals or from selecting more than | 4152 |
one proposal. | 4153 |
(D) A board of township trustees may enter into an | 4154 |
installment payment contract for the purchase and installation of | 4155 |
energy conservation measures. Any provisions of those installment | 4156 |
payment contracts that deal with interest charges and financing | 4157 |
terms shall not be subject to the competitive bidding procedures | 4158 |
of section 307.86 of the Revised Code. Unless otherwise approved | 4159 |
by a resolution of the board, an installment payment contract | 4160 |
entered into by a board of township trustees under this section | 4161 |
shall require the board to contract in accordance with the | 4162 |
procedures set forth in section 307.86 of the Revised Code for the | 4163 |
installation, modification, or remodeling of energy conservation | 4164 |
measures pursuant to this section. | 4165 |
(E) The board may issue securities of the township specifying | 4166 |
the terms of the purchase and securing the deferred payments, | 4167 |
payable at the times provided and bearing interest at a rate not | 4168 |
exceeding the rate determined as provided in section 9.95 of the | 4169 |
Revised Code. The maximum maturity of the securities shall be as | 4170 |
provided in division (B)(7)(g) of section 133.20 of the Revised | 4171 |
Code. The securities may contain an option for prepayment and | 4172 |
shall not be subject to Chapter 133. of the Revised Code. Revenues | 4173 |
derived from local taxes or otherwise, for the purpose of | 4174 |
conserving energy or for defraying the current operating expenses | 4175 |
of the township, may be applied to the payment of interest and the | 4176 |
retirement of the securities. The securities may be sold at | 4177 |
private sale or given to the contractor under the installment | 4178 |
payment contract authorized by division (D) of this section. | 4179 |
(F) Debt incurred under this section shall not be included in | 4180 |
the calculation of the net indebtedness of a township under | 4181 |
section 133.09 of the Revised Code. | 4182 |
Sec. 505.28. The board of township trustees may create a | 4183 |
waste disposal district under sections 505.27 to 505.33 of the | 4184 |
Revised Code, by a unanimous vote of the board and give notice | 4185 |
thereof by a publication in | 4186 |
circulation in the township. If, within thirty days after such | 4187 |
publication, a protest petition is filed with the board, signed by | 4188 |
at least fifty per cent of the electors residing in the district, | 4189 |
the act of the board in creating such district shall be void. If a | 4190 |
petition is filed with the board asking for the creation of such a | 4191 |
district in the township, accompanied by a map clearly showing the | 4192 |
boundaries of such district, and signed by at least sixty-five per | 4193 |
cent of the electors residing therein, with addresses of such | 4194 |
signers, the board shall, within sixty days, create such a | 4195 |
district. | 4196 |
Each district shall be given a name, and the entire cost of | 4197 |
any necessary equipment and labor shall be apportioned against | 4198 |
each district by the respective boards. | 4199 |
Sec. 505.373. The board of township trustees may, by | 4200 |
resolution, adopt by incorporation by reference a standard code | 4201 |
pertaining to fire, fire hazards, and fire prevention prepared and | 4202 |
promulgated by the state or any department, board, or other agency | 4203 |
of the state, or any such code prepared and promulgated by a | 4204 |
public or private organization that publishes a model or standard | 4205 |
code. | 4206 |
After the adoption of the code by the board, a notice clearly | 4207 |
identifying the code, stating the purpose of the code, and stating | 4208 |
that a complete copy of the code is on file with the township | 4209 |
fiscal officer for inspection by the public and also on file in | 4210 |
the law library of the county in which the township is located and | 4211 |
that the fiscal officer has copies available for distribution to | 4212 |
the public at cost, shall be posted by the fiscal officer in five | 4213 |
conspicuous places in the township for thirty days before becoming | 4214 |
effective. The notice required by this section shall also be | 4215 |
published in a newspaper of general circulation in the township | 4216 |
once a week for three consecutive weeks or as provided in section | 4217 |
7.16 of the Revised Code. If the adopting township amends or | 4218 |
deletes any provision of the code, the notice shall contain a | 4219 |
brief summary of the deletion or amendment. | 4220 |
If the agency that originally promulgated or published the | 4221 |
code thereafter amends the code, any township that has adopted the | 4222 |
code pursuant to this section may adopt the amendment or change by | 4223 |
incorporation by reference in the same manner as provided for | 4224 |
adoption of the original code. | 4225 |
Sec. 505.55. In the event that need for a township police | 4226 |
district ceases to exist, the township trustees by a two-thirds | 4227 |
vote of the board shall adopt a resolution specifying the date | 4228 |
that the township police district shall cease to exist and provide | 4229 |
for the disposal of all property belonging to the district by | 4230 |
public sale. Such sale must be by public auction and upon notice | 4231 |
thereof being published once a week for three weeks in a newspaper | 4232 |
4233 | |
provided in section 7.16 of the Revised Code. The last of such | 4234 |
publications | 4235 |
of the sale. Any moneys remaining after the dissolution of the | 4236 |
district or received from the public sale of property shall be | 4237 |
paid into the treasury of the township and may be expended for any | 4238 |
public purpose when duly authorized by the township board of | 4239 |
trustees. | 4240 |
Sec. 505.73. (A) The board of township trustees may, by | 4241 |
resolution, adopt by incorporation by reference, administer, and | 4242 |
enforce within the unincorporated area of the township an existing | 4243 |
structures code pertaining to the repair and continued maintenance | 4244 |
of structures and the premises of those structures. For that | 4245 |
purpose, the board shall adopt any model or standard code prepared | 4246 |
and promulgated by this state, any department, board, or agency of | 4247 |
this state, or any public or private organization that publishes a | 4248 |
recognized model or standard code on the subject. The board shall | 4249 |
ensure that the code adopted governs subject matter not addressed | 4250 |
by the state residential building code and that it is fully | 4251 |
compatible with the state residential and nonresidential building | 4252 |
codes the board of building standards adopts pursuant to section | 4253 |
3781.10 of the Revised Code. | 4254 |
(B) The board shall assign the duties of administering and | 4255 |
enforcing the existing structures code to a township officer or | 4256 |
employee who is trained and qualified for those duties and shall | 4257 |
establish by resolution the minimum qualifications necessary to | 4258 |
perform those duties. | 4259 |
(C)(1) After the board adopts an existing structures code, | 4260 |
the township fiscal officer shall post a notice that clearly | 4261 |
identifies the code, states the code's purpose, and states that a | 4262 |
complete copy of the code is on file for inspection by the public | 4263 |
with the fiscal officer and in the county law library and that the | 4264 |
fiscal officer has copies available for distribution to the public | 4265 |
at cost. | 4266 |
(2) The township fiscal officer shall post the notice in five | 4267 |
conspicuous places in the township for thirty days before the code | 4268 |
becomes effective and shall publish the notice in a newspaper of | 4269 |
general circulation in the township for three consecutive weeks or | 4270 |
as provided in section 7.16 of the Revised Code. If the adopting | 4271 |
township amends or deletes any provision of the code, the notice | 4272 |
shall contain a brief summary of the deletion or amendment. | 4273 |
(D) If the agency that originally promulgated or published | 4274 |
the existing structures code amends the code, the board may adopt | 4275 |
the amendment or change by incorporation by reference in the | 4276 |
manner provided for the adoption of the original code. | 4277 |
Sec. 511.23. (A) When the vote under section 511.22 of the | 4278 |
Revised Code is in favor of establishing one or more public parks, | 4279 |
the board of park commissioners shall constitute a board, to be | 4280 |
called the board of park commissioners of that township park | 4281 |
district, and they shall be a body politic and corporate. Their | 4282 |
office is not a township office within the meaning of section | 4283 |
703.22 of the Revised Code but is an office of the township park | 4284 |
district. The members of the board shall serve without | 4285 |
compensation but shall be allowed their actual and necessary | 4286 |
expenses incurred in the performance of their duties. | 4287 |
(B) The board may locate, establish, improve, maintain, and | 4288 |
operate a public park or parks in accordance with division (B) of | 4289 |
section 511.18 of the Revised Code, with or without recreational | 4290 |
facilities. Any township park district that contains only | 4291 |
unincorporated territory and that operated a public park or parks | 4292 |
outside the township immediately prior to July 18, 1990, may | 4293 |
continue to improve, maintain, and operate these parks outside the | 4294 |
township, but further acquisitions of land shall not affect the | 4295 |
boundaries of the park district itself or the appointing authority | 4296 |
for the board of park commissioners. | 4297 |
The board may lease, accept a conveyance of, or purchase | 4298 |
suitable lands for cash, by purchase by installment payments with | 4299 |
or without a mortgage, by lease or lease-purchase agreements, or | 4300 |
by lease with option to purchase, may acquire suitable lands | 4301 |
through an exchange under section 511.241 of the Revised Code, or | 4302 |
may appropriate suitable lands and materials for park district | 4303 |
purposes. The board also may lease facilities from other political | 4304 |
subdivisions or private sources. The board shall have careful | 4305 |
surveys and plats made of the lands acquired for park district | 4306 |
purposes and shall establish permanent monuments on the boundaries | 4307 |
of the lands. Those plats, when executed according to sections | 4308 |
711.01 to 711.38 of the Revised Code, shall be recorded in the | 4309 |
office of the county recorder, and those records shall be | 4310 |
admissible in evidence for the purpose of locating and | 4311 |
ascertaining the true boundaries of the park or parks. | 4312 |
(C) In furtherance of the use and enjoyment of the lands | 4313 |
controlled by it, the board may accept donations of money or other | 4314 |
property or act as trustees of land, money, or other property, and | 4315 |
may use and administer the land, money, or other property as | 4316 |
stipulated by the donor or as provided in the trust agreement. | 4317 |
The board may receive and expend grants for park purposes | 4318 |
from agencies and instrumentalities of the United States and this | 4319 |
state and may enter into contracts or agreements with those | 4320 |
agencies and instrumentalities to carry out the purposes for which | 4321 |
the grants were furnished. | 4322 |
(D) In exercising any powers conferred upon the board under | 4323 |
divisions (B) and (C) of this section and for other types of | 4324 |
assistance that the board finds necessary in carrying out its | 4325 |
duties, the board may hire and contract for professional, | 4326 |
technical, consulting, and other special services and may purchase | 4327 |
goods and award contracts. The procuring of goods and awarding of | 4328 |
contracts shall be done in accordance with the procedures | 4329 |
established for the board of county commissioners by sections | 4330 |
307.86 to 307.91 of the Revised Code. | 4331 |
(E) The board may appoint an executive for the park or parks | 4332 |
and may designate the executive or another person as the clerk of | 4333 |
the board. It may appoint all other necessary officers and | 4334 |
employees, fix their compensation, and prescribe their duties, or | 4335 |
it may require the executive to appoint all other necessary | 4336 |
officers and employees, and to fix their compensation and | 4337 |
prescribe their duties, in accordance with guidelines and policies | 4338 |
adopted by the board. | 4339 |
(F) The board may adopt bylaws and rules that it considers | 4340 |
advisable for the following purposes: | 4341 |
(1) To prohibit selling, giving away, or using any | 4342 |
intoxicating liquors in the park or parks; | 4343 |
(2) For the government and control of the park or parks and | 4344 |
the operation of motor vehicles in the park or parks; | 4345 |
(3) To provide for the protection and preservation of all | 4346 |
property and natural life within its jurisdiction. | 4347 |
Before the bylaws and rules take effect, the board shall | 4348 |
provide for a notice of their adoption to be published once a week | 4349 |
for two consecutive weeks or as provided in section 7.16 of the | 4350 |
Revised Code, in a newspaper of general circulation in the county | 4351 |
within which the park district is located. | 4352 |
No person shall violate any of the bylaws or rules. Fines | 4353 |
levied and collected for violations shall be paid into the | 4354 |
treasury of the township park district. The board may use moneys | 4355 |
collected from those fines for any purpose that is not | 4356 |
inconsistent with sections 511.18 to 511.37 of the Revised Code. | 4357 |
(G) The board may do either of the following: | 4358 |
(1) Establish and charge fees for the use of any facilities | 4359 |
and services of the park or parks regardless of whether the park | 4360 |
or parks were acquired before, on, or after | 4361 |
4362 |
(2) Enter into a lease agreement with an individual or | 4363 |
organization that provides for the exclusive use of a specified | 4364 |
portion of the park or parks within the township park district by | 4365 |
that individual or organization for the duration of an event | 4366 |
produced by the individual or organization. The board, for the | 4367 |
specific portion of the park or parks covered by the lease | 4368 |
agreement, may charge a fee to, or permit the individual or | 4369 |
organization to charge a fee to, participants in and spectators at | 4370 |
the event covered by the agreement. | 4371 |
(H) If the board finds that real or personal property owned | 4372 |
by the township park district is not currently needed for park | 4373 |
purposes, the board may lease that property to other persons or | 4374 |
organizations during any period of time the board determines the | 4375 |
property will not be needed. If the board finds that competitive | 4376 |
bidding on a lease is not feasible, it may lease the property | 4377 |
without taking bids. | 4378 |
(I) The board may exchange property owned by the township | 4379 |
park district for property owned by the state, another political | 4380 |
subdivision, or the federal government on terms that it considers | 4381 |
desirable, without the necessity of competitive bidding. | 4382 |
(J) Any rights or duties established under this section may | 4383 |
be modified, shared, or assigned by an agreement pursuant to | 4384 |
section 755.16 of the Revised Code. | 4385 |
Sec. 511.25. If the board of park commissioners of a | 4386 |
township park district finds that any lands that the board has | 4387 |
acquired are not necessary for the purposes for which they were | 4388 |
acquired, it may sell and dispose of those lands upon terms that | 4389 |
the board considers advisable and may reject any purchase bid | 4390 |
received under this section that the board determines does not | 4391 |
meet its terms for sale. | 4392 |
Except as otherwise provided in this section, no lands shall | 4393 |
be sold without first giving notice of the board's intention to | 4394 |
sell the lands by publication once a week for four consecutive | 4395 |
weeks in a newspaper of general circulation in the township or as | 4396 |
provided in section 7.16 of the Revised Code. The notice shall | 4397 |
contain an accurate description of the lands being offered for | 4398 |
sale and shall state the time and place at which sealed bids for | 4399 |
the lands will be received. If the board rejects all of the | 4400 |
purchase bids, it may reoffer the lands for sale in accordance | 4401 |
with this section. | 4402 |
The board also may sell park lands not necessary for district | 4403 |
purposes to another political subdivision, the state, or the | 4404 |
federal government without giving the notices or taking bids as | 4405 |
otherwise required by this section. | 4406 |
No lands acquired by a township park district may be sold | 4407 |
without the approval of the court of common pleas of the county in | 4408 |
which the park district is located, if the court appointed the | 4409 |
board under section 511.18 of the Revised Code, or the approval of | 4410 |
the board of township trustees, if the board of township trustees | 4411 |
appointed the board of park commissioners under section 511.18 of | 4412 |
the Revised Code. | 4413 |
Sec. 511.28. A copy of any resolution for a tax levy adopted | 4414 |
by the township board of park commissioners as provided in section | 4415 |
511.27 of the Revised Code shall be certified by the clerk of the | 4416 |
board of park commissioners to the board of elections of the | 4417 |
proper county, together with a certified copy of the resolution | 4418 |
approving the levy, passed by the board of township trustees if | 4419 |
such a resolution is required by division (C) of section 511.27 of | 4420 |
the Revised Code, not less than seventy-five days before a general | 4421 |
or primary election in any year. The board of elections shall | 4422 |
submit the proposal to the electors as provided in section 511.27 | 4423 |
of the Revised Code at the succeeding general or primary election. | 4424 |
A resolution to renew an existing levy may not be placed on the | 4425 |
ballot unless the question is submitted at the general election | 4426 |
held during the last year the tax to be renewed may be extended on | 4427 |
the real and public utility property tax list and duplicate, or at | 4428 |
any election held in the ensuing year. The board of park | 4429 |
commissioners shall cause notice that the vote will be taken to be | 4430 |
published once a week for two consecutive weeks prior to the | 4431 |
election in a newspaper of general circulation, or as provided in | 4432 |
section 7.16 of the Revised Code, in the county within which the | 4433 |
park district is located. Additionally, if the board of elections | 4434 |
operates and maintains a web site, the board of elections shall | 4435 |
post that notice on its web site for thirty days prior to the | 4436 |
election. The notice shall state the purpose of the proposed levy, | 4437 |
the annual rate proposed expressed in dollars and cents for each | 4438 |
one hundred dollars of valuation as well as in mills for each one | 4439 |
dollar of valuation, the number of consecutive years during which | 4440 |
the levy shall be in effect, and the time and place of the | 4441 |
election. | 4442 |
The form of the ballots cast at the election shall be: "An | 4443 |
additional tax for the benefit of (name of township park district) | 4444 |
.......... for the purpose of (purpose stated in the order of the | 4445 |
board) .......... at a rate not exceeding .......... mills for | 4446 |
each one dollar of valuation, which amounts to (rate expressed in | 4447 |
dollars and cents) .......... for each one hundred dollars of | 4448 |
valuation, for (number of years the levy is to run) .......... | 4449 |
4450 |
FOR THE TAX LEVY | 4451 | ||||
AGAINST THE TAX LEVY | " | 4452 |
4453 |
If the levy submitted is a proposal to renew, increase, or | 4454 |
decrease an existing levy, the form of the ballot specified in | 4455 |
this section may be changed by substituting for the words "An | 4456 |
additional" at the beginning of the form, the words "A renewal of | 4457 |
a" in the case of a proposal to renew an existing levy in the same | 4458 |
amount; the words "A renewal of .......... mills and an increase | 4459 |
of .......... mills to constitute a" in the case of an increase; | 4460 |
or the words "A renewal of part of an existing levy, being a | 4461 |
reduction of .......... mills, to constitute a" in the case of a | 4462 |
decrease in the rate of the existing levy. | 4463 |
If the tax is to be placed on the current tax list, the form | 4464 |
of the ballot shall be modified by adding, after the statement of | 4465 |
the number of years the levy is to run, the phrase ", commencing | 4466 |
in .......... (first year the tax is to be levied), first due in | 4467 |
calendar year .......... (first calendar year in which the tax | 4468 |
shall be due)." | 4469 |
The question covered by the order shall be submitted as a | 4470 |
separate proposition, but may be printed on the same ballot with | 4471 |
any other proposition submitted at the same election, other than | 4472 |
the election of officers. More than one such question may be | 4473 |
submitted at the same election. | 4474 |
Sec. 511.34. In townships composed of islands, and on one of | 4475 |
which islands lands have been conveyed in trust for the benefit of | 4476 |
the inhabitants of the island for use as a park, and a board of | 4477 |
park trustees has been provided for the control of the park, the | 4478 |
board of township trustees may create a tax district of the island | 4479 |
to raise funds by taxation as provided under divisions (A) and (B) | 4480 |
of this section. | 4481 |
(A) For the care and maintenance of parks on the island, the | 4482 |
board of township trustees annually may levy a tax, not to exceed | 4483 |
one mill, upon all the taxable property in the district. The tax | 4484 |
shall be in addition to all other levies authorized by law, and | 4485 |
subject to no limitation on tax rates except as provided in this | 4486 |
division. | 4487 |
The proceeds of the tax levy shall be expended by the board | 4488 |
of township trustees for the purpose of the care and maintenance | 4489 |
of the parks, and shall be paid out of the township treasury upon | 4490 |
the orders of the board of park trustees. | 4491 |
(B) For the purpose of acquiring additional land for use as a | 4492 |
park, the board of township trustees may levy a tax in excess of | 4493 |
the ten-mill limitation on all taxable property in the district. | 4494 |
The tax shall be proposed by resolution adopted by two-thirds of | 4495 |
the members of the board of township trustees. The resolution | 4496 |
shall specify the purpose and rate of the tax and the number of | 4497 |
years the tax will be levied, which shall not exceed five years, | 4498 |
and which may include a levy on the current tax list and | 4499 |
duplicate. The resolution shall go into immediate effect upon its | 4500 |
passage, and no publication of the resolution is necessary other | 4501 |
than that provided for in the notice of election. The board of | 4502 |
township trustees shall certify a copy of the resolution to the | 4503 |
proper board of elections not later than seventy-five days before | 4504 |
the primary or general election in the township, and the board of | 4505 |
elections shall submit the question of the tax to the voters of | 4506 |
the district at the succeeding primary or general election. The | 4507 |
board of elections shall make the necessary arrangements for the | 4508 |
submission of the question to the electors of the district, and | 4509 |
the election shall be conducted, canvassed, and certified in the | 4510 |
same manner as regular elections in the township for the election | 4511 |
of officers. Notice of the election shall be published in a | 4512 |
newspaper of general circulation in the township once a week for | 4513 |
two consecutive weeks, or as provided in section 7.16 of the | 4514 |
Revised Code, prior to the election | 4515 |
elections operates and maintains a web site, notice of the | 4516 |
election also shall be posted on that web site for thirty days | 4517 |
prior to the election. The notice shall state the purpose of the | 4518 |
tax, the proposed rate of the tax expressed in dollars and cents | 4519 |
for each one hundred dollars of valuation and mills for each one | 4520 |
dollar of valuation, the number of years the tax will be in | 4521 |
effect, the first year the tax will be levied, and the time and | 4522 |
place of the election. | 4523 |
The form of the ballots cast at an election held under this | 4524 |
division shall be as follows: | 4525 |
"An additional tax for the benefit of ......... (name of the | 4526 |
township) for the purpose of acquiring additional park land at a | 4527 |
rate of ......... mills for each one dollar of valuation, which | 4528 |
amounts to ........ (rate expressed in dollars and cents) for each | 4529 |
one hundred dollars of valuation, for ......... (number of years | 4530 |
the levy is to run) beginning in ........... (first year the tax | 4531 |
will be levied). | 4532 |
4533 |
FOR THE TAX LEVY | 4534 | ||||
AGAINST THE TAX LEVY | " | 4535 |
4536 |
The question shall be submitted as a separate proposition but | 4537 |
may be printed on the same ballot with any other proposition | 4538 |
submitted at the same election other than the election of | 4539 |
officers. More than one such question may be submitted at the same | 4540 |
election. | 4541 |
If the levy is approved by a majority of electors voting on | 4542 |
the question, the board of elections shall certify the result of | 4543 |
the election to the tax commissioner. In the first year of the | 4544 |
levy, the tax shall be extended on the tax lists after the | 4545 |
February settlement following the election. If the tax is to be | 4546 |
placed on the tax lists of the current year as specified in the | 4547 |
resolution, the board of elections shall certify the result of the | 4548 |
election immediately after the canvass to the board of township | 4549 |
trustees, which shall forthwith make the necessary levy and | 4550 |
certify the levy to the county auditor, who shall extend the levy | 4551 |
on the tax lists for collection. After the first year of the levy, | 4552 |
the levy shall be included in the annual tax budget that is | 4553 |
certified to the county budget commission. | 4554 |
Sec. 513.14. The board of elections shall advertise the | 4555 |
proposed tax levy question mentioned in section 513.13 of the | 4556 |
Revised Code in | 4557 |
4558 | |
4559 | |
circulation in the proposed township hospital district, once a | 4560 |
week for two consecutive weeks, or as provided in section 7.16 of | 4561 |
the Revised Code, prior to the election | 4562 |
operates and maintains a web site, the board also shall advertise | 4563 |
that proposed tax levy question on its web site for thirty days | 4564 |
prior to the election. | 4565 |
Sec. 515.04. The township fiscal officer shall fix a day, | 4566 |
not more than thirty days from the date of notice to the board of | 4567 |
township trustees, for the hearing of the petition authorized by | 4568 |
section 515.02 or 515.16 of the Revised Code. The township fiscal | 4569 |
officer or the fiscal officer's designee shall prepare and deliver | 4570 |
to any of the petitioners a notice in writing directed to the lot | 4571 |
and land owners and to the corporations, either public or private, | 4572 |
affected by the improvement. The notice shall set forth the | 4573 |
substance, pendency, and prayer of the petition and the time and | 4574 |
place of the hearing on it. | 4575 |
A copy of the notice shall be served upon each lot or land | 4576 |
owner or left at the lot or land owner's usual place of residence, | 4577 |
and upon an officer or agent of each corporation having its place | 4578 |
of business in the district or area, at least fifteen days before | 4579 |
the date set for the hearing. On or before the day of the hearing, | 4580 |
the person serving the notice shall make return on it, under oath, | 4581 |
of the time and manner of service and shall file the return with | 4582 |
the township fiscal officer. | 4583 |
The township fiscal officer or the fiscal officer's designee | 4584 |
shall give the notice to each nonresident lot or land owner, by | 4585 |
publication once, in a newspaper
| 4586 |
circulation in the county in which the district or area is | 4587 |
situated, at least two weeks before the day set for hearing. The | 4588 |
notice shall be verified by affidavit of the printer or other | 4589 |
person knowing the fact and shall be filed with the township | 4590 |
fiscal officer or the fiscal officer's designee on or before the | 4591 |
day of hearing. No further notice of the petition or the | 4592 |
proceedings under it shall thereafter be required. | 4593 |
Sec. 517.12. The board of township trustees may make rules | 4594 |
specifying the times when cemeteries under its control shall be | 4595 |
closed to the public. The board shall cause the rules to be | 4596 |
published once a week for two consecutive weeks in a newspaper of | 4597 |
general circulation within the township or as provided in section | 4598 |
7.16 of the Revised Code, and may post appropriate notice in the | 4599 |
township as considered necessary. | 4600 |
The purposes of such rules shall be to assure a reasonable | 4601 |
time of access to the cemeteries in view of the differences in | 4602 |
attendance anticipated from past experience as to each, to exclude | 4603 |
attendance at times when no proper purposes could normally be | 4604 |
expected, to permit exceptions to the normal hours of access on | 4605 |
reasonable request with adequate reason provided, and to | 4606 |
facilitate the task of protecting the premises from vandalism, | 4607 |
desecration, and other improper usage. | 4608 |
Whoever violates these rules is guilty of a minor | 4609 |
misdemeanor. | 4610 |
Sec. 517.22. The board of township trustees or the trustees | 4611 |
or directors of a cemetery association, after notice has first | 4612 |
been given in | 4613 |
the county, may dispose of, at public sale, and convey any | 4614 |
cemetery under their control that they have determined to | 4615 |
discontinue as burial grounds, but possession of the cemetery | 4616 |
shall not be given to a grantee until after the remains buried in | 4617 |
that cemetery, together with stones and monuments, have been | 4618 |
removed as provided by section 517.21 of the Revised Code. | 4619 |
Sec. 521.03. On receiving a petition filed under section | 4620 |
521.02 of the Revised Code, or at the request of the board of | 4621 |
township trustees, the township fiscal officer shall fix a time, | 4622 |
not more than thirty days after the date of giving notice of the | 4623 |
filing to the board or the date of receiving the request from the | 4624 |
board, and place for a hearing on the issue of repair or | 4625 |
maintenance of the tiles. The township fiscal officer shall | 4626 |
prepare a notice in writing directed to the lot and land owners | 4627 |
and to the corporations, either public or private, affected by the | 4628 |
improvement. The notice shall set forth the substance of the | 4629 |
petition or board request, and the time and place of the hearing | 4630 |
on it. | 4631 |
If the hearing is to be held in response to a petition, the | 4632 |
township fiscal officer shall deliver a copy of the notice to any | 4633 |
of the petitioners, who shall see that the notice is served on | 4634 |
each lot or land owner or left at the lot or land owner's usual | 4635 |
place of residence, and served on an officer or agent of each | 4636 |
corporation affected by the improvement, at least fifteen days | 4637 |
before the date set for the hearing. If the hearing is to be held | 4638 |
at the request of the board, the board shall see that the notice | 4639 |
is so served. On or before the day of the hearing, the person | 4640 |
serving the notice shall certify, under oath, the time and manner | 4641 |
of service, and shall file this certification with the township | 4642 |
fiscal officer. | 4643 |
The township fiscal officer shall give notice of the hearing | 4644 |
to each nonresident lot or land owner, by publication once, in a | 4645 |
newspaper | 4646 |
which the township is situated, at least two weeks before the day | 4647 |
set for the hearing. This notice shall be verified by affidavit of | 4648 |
the printer or other person knowing the fact, and shall be filed | 4649 |
with the township fiscal officer on or before the day of the | 4650 |
hearing. No further notice of the petition or the proceedings | 4651 |
under it shall thereafter be required. | 4652 |
Sec. 705.16. (A) All ordinances or resolutions shall be in | 4653 |
effect after thirty days from the date of their passage, except as | 4654 |
provided in section 705.75 of the Revised Code. | 4655 |
(B) | 4656 |
4657 | |
resolution of a general nature, or providing for public | 4658 |
improvements, or assessing property | 4659 |
4660 | |
or resolution, be promptly published one time in | 4661 |
4662 | |
corporation. Such publication shall be made in the body type of | 4663 |
the paper under headlines in eighteen point type, which headlines | 4664 |
shall specify the nature of such legislation. | 4665 |
4666 | |
contain notice that the complete text of each such ordinance or | 4667 |
resolution may be obtained or viewed at the office of the clerk of | 4668 |
the legislative authority of the municipal corporation and may be | 4669 |
viewed at any other location designated by the legislative | 4670 |
authority of the municipal corporation. The city director of law, | 4671 |
village solicitor, or other chief legal officer of the municipal | 4672 |
corporation shall review | 4673 |
resolution published under this section prior to forwarding it to | 4674 |
the clerk for publication, to ensure that the summary is legally | 4675 |
accurate and sufficient. | 4676 |
(C) Upon publication of a summary of an ordinance or | 4677 |
resolution in accordance with this section, the clerk of the | 4678 |
legislative authority shall supply a copy of the complete text of | 4679 |
each such ordinance or resolution to any person, upon request, and | 4680 |
may charge a reasonable fee, set by the legislative authority, for | 4681 |
each copy supplied. The clerk shall post a copy of the text at | 4682 |
the clerk's office and at every other location designated by the | 4683 |
legislative authority. | 4684 |
(D) No newspaper shall be paid a higher price for the | 4685 |
publication of summaries of ordinances than its | 4686 |
4687 | |
Revised Code. | 4688 |
Sec. 711.35. Upon the filing of the application provided for | 4689 |
in section 711.34 of the Revised Code, the county auditor shall | 4690 |
give notice of the filing, by publication, for two consecutive | 4691 |
weeks in a newspaper | 4692 |
county | 4693 |
of the Revised Code. The county auditor shall also notify the | 4694 |
board of county commissioners of such filing. | 4695 |
Sec. 715.011. Each municipal corporation may lease for a | 4696 |
period not to exceed forty years, pursuant to a contract providing | 4697 |
for the construction thereof under a lease-purchase plan, | 4698 |
buildings, structures, and other improvements for any authorized | 4699 |
municipal purpose, and in conjunction therewith, may grant leases, | 4700 |
easements, or licenses for lands under the control of the | 4701 |
municipal corporation for a period not to exceed forty years. The | 4702 |
lease shall provide that at the end of the lease period the | 4703 |
buildings, structures, and related improvements together with the | 4704 |
land on which they are situate shall become the property of the | 4705 |
municipal corporation without cost. | 4706 |
Whenever any building, structure, or other improvement is to | 4707 |
be so leased by a municipal corporation, the appropriate | 4708 |
contracting officer of the municipal corporation shall file with | 4709 |
the clerk of the council such basic plans, specifications, bills | 4710 |
of materials, and estimates of cost with sufficient detail to | 4711 |
afford bidders all needed information, or alternatively, shall | 4712 |
file the following plans, details, bills of materials, and | 4713 |
specifications: | 4714 |
(A) Full and accurate plans, suitable for the use of | 4715 |
mechanics and other builders in such construction, improvement, | 4716 |
addition, alteration, or installation; | 4717 |
(B) Details to scale and full sized, so drawn and represented | 4718 |
as to be easily understood; | 4719 |
(C) Accurate bills showing the exact quantity of different | 4720 |
kinds of material necessary to the construction; | 4721 |
(D) Definite and complete specifications of the work to be | 4722 |
performed, together with such directions as will enable a | 4723 |
competent mechanic or other builder to carry them out and afford | 4724 |
bidders all needed information; | 4725 |
(E) A full and accurate estimate of each item of expense and | 4726 |
of the aggregate cost thereof. | 4727 |
The council of the municipal corporation shall give public | 4728 |
notice | 4729 |
corporation, and in the form and with the phraseology as the | 4730 |
council orders, published once each week for four consecutive | 4731 |
weeks or as provided in section 7.16 of the Revised Code, of the | 4732 |
time and place, when and where bids will be received for entering | 4733 |
into an agreement to lease to the municipal corporation a | 4734 |
building, structure, or other improvement, the last publication to | 4735 |
be at least eight days preceding the day for opening the bids. The | 4736 |
bids shall contain the terms upon which the builder would propose | 4737 |
to lease the building, structure, or other improvement to the | 4738 |
municipal corporation. The form of the bid approved by the council | 4739 |
of the municipal corporation shall be used and a bid shall be | 4740 |
invalid and not considered unless such form is used without | 4741 |
change, alteration, or addition. Before submitting bids pursuant | 4742 |
to this section, any builder shall have complied with sections | 4743 |
153.50 to 153.52 of the Revised Code. | 4744 |
On the day and at the place named for receiving bids for | 4745 |
entering into lease agreements with the municipal corporation, the | 4746 |
appropriate contracting officer of the municipal corporation shall | 4747 |
open the bids, and shall publicly proceed immediately to tabulate | 4748 |
the bids upon triplicate sheets, one of each of which sheets shall | 4749 |
be filed with the clerk of the council. No lease agreement shall | 4750 |
be entered into until the bureau of workers' compensation has | 4751 |
certified that the corporation, partnership, or person to be | 4752 |
awarded the lease agreement has complied with Chapter 4123. of the | 4753 |
Revised Code, and until, if the builder submitting the lowest and | 4754 |
best bid is a foreign corporation, the secretary of state has | 4755 |
certified that the corporation is authorized to do business in | 4756 |
this state, and until, if the builder submitting the lowest and | 4757 |
best bid is a person or partnership nonresident of this state, the | 4758 |
person or partnership has filed with the secretary of state a | 4759 |
power of attorney designating the secretary of state as its agent | 4760 |
for the purpose of accepting service of summons in any action | 4761 |
brought under Chapter 4123. of the Revised Code, and until the | 4762 |
agreement is submitted to the village solicitor or city director | 4763 |
of law of the municipal corporation and | 4764 |
director's approval is certified thereon. Within thirty days after | 4765 |
the day on which the bids are received, the council shall | 4766 |
investigate the bids received and shall determine that the bureau | 4767 |
and the secretary of state have made the certifications required | 4768 |
by this section of the builder who has submitted the lowest and | 4769 |
best bid. Within ten days of the completion of the investigation | 4770 |
of the bids the council may award the lease agreement to the | 4771 |
builder who has submitted the lowest and best bid and who has been | 4772 |
certified by the bureau and secretary of state as required by this | 4773 |
section. If bidding for the lease agreement has been conducted | 4774 |
upon the basis of basic plans, specifications, bills of materials, | 4775 |
and estimates of costs, upon the award to the builder, the | 4776 |
council, or the builder with the approval of the council, shall | 4777 |
appoint an architect or engineer licensed in this state to prepare | 4778 |
such further detailed plans, specifications, and bills of | 4779 |
materials as are required to construct the building, structure, or | 4780 |
improvement. | 4781 |
The council may reject any bid. Where there is reason to | 4782 |
believe there is collusion or combination among bidders, the bids | 4783 |
of those concerned therein shall be rejected. | 4784 |
Sec. 715.47. A municipal corporation may fill or drain any | 4785 |
lot or land within its limits on which water at any time becomes | 4786 |
stagnant, remove all putrid substances from any lot, and remove | 4787 |
all obstructions from culverts, covered drains, or private | 4788 |
property, laid in any natural watercourse, creek, brook, or | 4789 |
branch, which obstruct the water naturally flowing therein, | 4790 |
causing it to flow back or become stagnant, in a way prejudicial | 4791 |
to the health, comfort, or convenience of any of the citizens of | 4792 |
the neighborhood. If such culverts or drains are of insufficient | 4793 |
capacity, the municipal corporation may make them of such capacity | 4794 |
as reasonably to accommodate the flow of such water at all times. | 4795 |
The legislative authority of such municipal corporation may, by | 4796 |
resolution, direct the owner to fill or drain such lot, remove | 4797 |
such putrid substance or such obstructions, and if necessary, | 4798 |
enlarge such culverts or covered drains to meet the requirements | 4799 |
thereof. | 4800 |
After service of a copy of such resolution, or after a | 4801 |
publication thereof, in a newspaper of general circulation in such | 4802 |
municipal corporation or as provided in section 7.16 of the | 4803 |
Revised Code, for two consecutive weeks, such owner, or | 4804 |
owner's agent or attorney, shall comply with the directions of the | 4805 |
resolution within the time therein specified. | 4806 |
In case of the failure or refusal of such owner to comply | 4807 |
with the resolution, the work required thereby may be done at the | 4808 |
expense of the municipal corporation, and the amount of money so | 4809 |
expended shall be recovered from the owner before any court of | 4810 |
competent jurisdiction. Such expense from the time of the adoption | 4811 |
of the resolution shall be a lien on such lot, which may be | 4812 |
enforced by suit in the court of common pleas, and like | 4813 |
proceedings may be had as directed in relation to the improvement | 4814 |
of streets. | 4815 |
The officers connected with the health department of every | 4816 |
such municipal corporation shall see that this section is strictly | 4817 |
and promptly enforced. | 4818 |
Sec. 718.09. (A) This section applies to either of the | 4819 |
following: | 4820 |
(1) A municipal corporation that shares the same territory as | 4821 |
a city, local, or exempted village school district, to the extent | 4822 |
that not more than five per cent of the territory of the municipal | 4823 |
corporation is located outside the school district and not more | 4824 |
than five per cent of the territory of the school district is | 4825 |
located outside the municipal corporation; | 4826 |
(2) A municipal corporation that shares the same territory as | 4827 |
a city, local, or exempted village school district, to the extent | 4828 |
that not more than five per cent of the territory of the municipal | 4829 |
corporation is located outside the school district, more than five | 4830 |
per cent but not more than ten per cent of the territory of the | 4831 |
school district is located outside the municipal corporation, and | 4832 |
that portion of the territory of the school district that is | 4833 |
located outside the municipal corporation is located entirely | 4834 |
within another municipal corporation having a population of four | 4835 |
hundred thousand or more according to the federal decennial census | 4836 |
most recently completed before the agreement is entered into under | 4837 |
division (B) of this section. | 4838 |
(B) The legislative authority of a municipal corporation to | 4839 |
which this section applies may propose to the electors an income | 4840 |
tax, one of the purposes of which shall be to provide financial | 4841 |
assistance to the school district through payment to the district | 4842 |
of not less than twenty-five per cent of the revenue generated by | 4843 |
the tax, except that the legislative authority may not propose to | 4844 |
levy the income tax on the incomes of nonresident individuals. | 4845 |
Prior to proposing the tax, the legislative authority shall | 4846 |
negotiate and enter into a written agreement with the board of | 4847 |
education of the school district specifying the tax rate, the | 4848 |
percentage of tax revenue to be paid to the school district, the | 4849 |
purpose for which the school district will use the money, the | 4850 |
first year the tax will be levied, the date of the special | 4851 |
election on the question of the tax, and the method and schedule | 4852 |
by which the municipal corporation will make payments to the | 4853 |
school district. The special election shall be held on a day | 4854 |
specified in division (D) of section 3501.01 of the Revised Code, | 4855 |
except that the special election may not be held on the day for | 4856 |
holding a primary election as authorized by the municipal | 4857 |
corporation's charter unless the municipal corporation is to have | 4858 |
a primary election on that day. | 4859 |
After the legislative authority and board of education have | 4860 |
entered into the agreement, the legislative authority shall | 4861 |
provide for levying the tax by ordinance. The ordinance shall | 4862 |
state the tax rate, the percentage of tax revenue to be paid to | 4863 |
the school district, the purpose for which the municipal | 4864 |
corporation will use its share of the tax revenue, the first year | 4865 |
the tax will be levied, and that the question of the income tax | 4866 |
will be submitted to the electors of the municipal corporation. | 4867 |
The legislative authority also shall adopt a resolution specifying | 4868 |
the regular or special election date the election will be held and | 4869 |
directing the board of elections to conduct the election. At least | 4870 |
seventy-five days before the date of the election, the legislative | 4871 |
authority shall file certified copies of the ordinance and | 4872 |
resolution with the board of elections. | 4873 |
(C) The board of elections shall make the necessary | 4874 |
arrangements for the submission of the question to the electors of | 4875 |
the municipal corporation, and shall conduct the election in the | 4876 |
same manner as any other municipal income tax election. Notice of | 4877 |
the election shall be published in a newspaper of general | 4878 |
circulation in the municipal corporation once a week for four | 4879 |
consecutive weeks, or as provided in section 7.16 of the Revised | 4880 |
Code, prior to the election, and shall include statements of the | 4881 |
rate and municipal corporation and school district purposes of the | 4882 |
income tax, the percentage of tax revenue that will be paid to the | 4883 |
school district, and the first year the tax will be levied. The | 4884 |
ballot shall be in the following form: | 4885 |
"Shall the ordinance providing for a ..... per cent levy on | 4886 |
income for (brief description of the municipal corporation and | 4887 |
school district purposes of the levy, including a statement of the | 4888 |
percentage of tax revenue that will be paid to the school | 4889 |
district) be passed? The income tax, if approved, will not be | 4890 |
levied on the incomes of individuals who do not reside in (the | 4891 |
name of the municipal corporation). | 4892 |
4893 |
For the income tax | 4894 | ||||
Against the income tax | " | 4895 |
4896 |
(D) If the question is approved by a majority of the | 4897 |
electors, the municipal corporation shall impose the income tax | 4898 |
beginning in the year specified in the ordinance. The proceeds of | 4899 |
the levy may be used only for the specified purposes, including | 4900 |
payment of the specified percentage to the school district. | 4901 |
Sec. 718.10. (A) This section applies to a group of two or | 4902 |
more municipal corporations that, taken together, share the same | 4903 |
territory as a single city, local, or exempted village school | 4904 |
district, to the extent that not more than five per cent of the | 4905 |
territory of the municipal corporations as a group is located | 4906 |
outside the school district and not more than five per cent of the | 4907 |
territory of the school district is located outside the municipal | 4908 |
corporations as a group. | 4909 |
(B) The legislative authorities of the municipal corporations | 4910 |
in a group of municipal corporations to which this section applies | 4911 |
each may propose to the electors an income tax, to be levied in | 4912 |
concert with income taxes in the other municipal corporations of | 4913 |
the group, except that a legislative authority may not propose to | 4914 |
levy the income tax on the incomes of individuals who do not | 4915 |
reside in the municipal corporation. One of the purposes of such a | 4916 |
tax shall be to provide financial assistance to the school | 4917 |
district through payment to the district of not less than | 4918 |
twenty-five per cent of the revenue generated by the tax. Prior to | 4919 |
proposing the taxes, the legislative authorities shall negotiate | 4920 |
and enter into a written agreement with each other and with the | 4921 |
board of education of the school district specifying the tax rate, | 4922 |
the percentage of the tax revenue to be paid to the school | 4923 |
district, the first year the tax will be levied, and the date of | 4924 |
the election on the question of the tax, all of which shall be the | 4925 |
same for each municipal corporation. The agreement also shall | 4926 |
state the purpose for which the school district will use the | 4927 |
money, and specify the method and schedule by which each municipal | 4928 |
corporation will make payments to the school district. The special | 4929 |
election shall be held on a day specified in division (D) of | 4930 |
section 3501.01 of the Revised Code, including a day on which all | 4931 |
of the municipal corporations are to have a primary election. | 4932 |
After the legislative authorities and board of education have | 4933 |
entered into the agreement, each legislative authority shall | 4934 |
provide for levying its tax by ordinance. Each ordinance shall | 4935 |
state the rate of the tax, the percentage of tax revenue to be | 4936 |
paid to the school district, the purpose for which the municipal | 4937 |
corporation will use its share of the tax revenue, and the first | 4938 |
year the tax will be levied. Each ordinance also shall state that | 4939 |
the question of the income tax will be submitted to the electors | 4940 |
of the municipal corporation on the same date as the submission of | 4941 |
questions of an identical tax to the electors of each of the other | 4942 |
municipal corporations in the group, and that unless the electors | 4943 |
of all of the municipal corporations in the group approve the tax | 4944 |
in their respective municipal corporations, none of the municipal | 4945 |
corporations in the group shall levy the tax. Each legislative | 4946 |
authority also shall adopt a resolution specifying the regular or | 4947 |
special election date the election will be held and directing the | 4948 |
board of elections to conduct the election. At least seventy-five | 4949 |
days before the date of the election, each legislative authority | 4950 |
shall file certified copies of the ordinance and resolution with | 4951 |
the board of elections. | 4952 |
(C) For each of the municipal corporations, the board of | 4953 |
elections shall make the necessary arrangements for the submission | 4954 |
of the question to the electors, and shall conduct the election in | 4955 |
the same manner as any other municipal income tax election. For | 4956 |
each of the municipal corporations, notice of the election shall | 4957 |
be published in a newspaper of general circulation in the | 4958 |
municipal corporation once a week for four consecutive weeks prior | 4959 |
to the election or as provided in section 7.16 of the Revised | 4960 |
Code. The notice shall include a statement of the rate and | 4961 |
municipal corporation and school district purposes of the income | 4962 |
tax, the percentage of tax revenue that will be paid to the school | 4963 |
district, and the first year the tax will be levied, and an | 4964 |
explanation that the tax will not be levied unless an identical | 4965 |
tax is approved by the electors of each of the other municipal | 4966 |
corporations in the group. The ballot shall be in the following | 4967 |
form: | 4968 |
"Shall the ordinance providing for a ... per cent levy on | 4969 |
income for (brief description of the municipal corporation and | 4970 |
school district purposes of the levy, including a statement of the | 4971 |
percentage of income tax revenue that will be paid to the school | 4972 |
district) be passed? The income tax, if approved, will not be | 4973 |
levied on the incomes of individuals who do not reside in (the | 4974 |
name of the municipal corporation). In order for the income tax to | 4975 |
be levied, the voters of (the other municipal corporations in the | 4976 |
group), which are also in the (name of the school district) school | 4977 |
district, must approve an identical income tax and agree to pay | 4978 |
the same percentage of the tax revenue to the school district. | 4979 |
4980 |
For the income tax | 4981 | ||||
Against the income tax | " | 4982 |
4983 |
(D) If the question is approved by a majority of the electors | 4984 |
and identical taxes are approved by a majority of the electors in | 4985 |
each of the other municipal corporations in the group, the | 4986 |
municipal corporation shall impose the tax beginning in the year | 4987 |
specified in the ordinance. The proceeds of the levy may be used | 4988 |
only for the specified purposes, including payment of the | 4989 |
specified percentage to the school district. | 4990 |
Sec. 719.012. In order to rehabilitate a building or | 4991 |
structure that a municipal corporation determines to be a blighted | 4992 |
property as defined in section 1.08 of the Revised Code, a | 4993 |
municipal corporation may appropriate, in the manner provided in | 4994 |
sections 163.01 to 163.22 of the Revised Code, any such building | 4995 |
or structure and the real property of which it is a part. The | 4996 |
municipal corporation shall rehabilitate the building or structure | 4997 |
or cause it to be rehabilitated within two years after the | 4998 |
appropriation, so that the building or structure is no longer a | 4999 |
public nuisance, insecure, unsafe, structurally defective, | 5000 |
unhealthful, or unsanitary, or a threat to the public health, | 5001 |
safety, or welfare, or in violation of a building code or | 5002 |
ordinance adopted under section 731.231 of the Revised Code. Any | 5003 |
building or structure appropriated pursuant to this section which | 5004 |
is not rehabilitated within two years shall be demolished. | 5005 |
If during the rehabilitation process the municipal | 5006 |
corporation retains title to the building or structure and the | 5007 |
real property of which it is a part, then within one hundred | 5008 |
eighty days after the rehabilitation is complete, the municipal | 5009 |
corporation shall appraise the rehabilitated building or structure | 5010 |
and the real property of which it is a part, and shall sell the | 5011 |
building or structure and property at public auction. The | 5012 |
municipal corporation shall advertise the public auction in a | 5013 |
newspaper of general circulation in the municipal corporation once | 5014 |
a week for three consecutive weeks, or as provided in section 7.16 | 5015 |
of the Revised Code, prior to the date of sale. The municipal | 5016 |
corporation shall sell the building or structure and real property | 5017 |
to the highest and best bidder. No property that a municipal | 5018 |
corporation acquires pursuant to this section shall be leased. | 5019 |
Sec. 719.05. The mayor of a municipal corporation shall, | 5020 |
immediately upon the passage of a resolution under section 719.04 | 5021 |
of the Revised Code, declaring an intent to appropriate property, | 5022 |
for which but one reading is necessary, cause written notice to be | 5023 |
given to the owner of, person in possession of, or person having | 5024 |
an interest of record in, every piece of property sought to be | 5025 |
appropriated, or to | 5026 |
such person. Such notice shall be served by a person designated | 5027 |
for the purpose and return made in the manner provided for the | 5028 |
service and return of summons in civil actions. If such owner, | 5029 |
person, or agent cannot be found, notice shall be given by | 5030 |
publication once a week for three consecutive weeks in a newspaper | 5031 |
of general circulation in the municipal corporation or as provided | 5032 |
in section 7.16 of the Revised Code, and the legislative authority | 5033 |
may thereupon pass an ordinance by a two-thirds vote of all | 5034 |
members elected thereto, directing such appropriation to proceed. | 5035 |
Sec. 721.03. No contract, except as provided in section | 5036 |
721.28 of the Revised Code, for the sale or lease of real estate | 5037 |
belonging to a municipal corporation shall be made unless | 5038 |
authorized by an ordinance, approved by a two-thirds vote of the | 5039 |
members of the legislative authority of such municipal | 5040 |
corporation, and by the board or officer having supervision or | 5041 |
management of such real estate. When the contract is so | 5042 |
authorized, it shall be made in writing by such board or officer, | 5043 |
and, except as provided in section 721.27 of the Revised Code, | 5044 |
only with the highest bidder, after advertisement once a week for | 5045 |
five consecutive weeks in a newspaper of general circulation | 5046 |
within the municipal corporation or as provided in section 7.16 of | 5047 |
the Revised Code. Such board or officer may reject any bids and | 5048 |
readvertise until all such real estate is sold or leased. | 5049 |
Sec. 721.15. (A) Personal property not needed for municipal | 5050 |
purposes, the estimated value of which is less than one thousand | 5051 |
dollars, may be sold by the board or officer having supervision or | 5052 |
management of that property. If the estimated value of that | 5053 |
property is one thousand dollars or more, it shall be sold only | 5054 |
when authorized by an ordinance of the legislative authority of | 5055 |
the municipal corporation and approved by the board, officer, or | 5056 |
director having supervision or management of that property. When | 5057 |
so authorized, the board, officer, or director shall make a | 5058 |
written contract with the highest and best bidder after | 5059 |
advertisement for not less than two
| 5060 |
consecutive weeks in a newspaper of general circulation within the | 5061 |
municipal corporation or as provided in section 7.16 of the | 5062 |
Revised Code, or with a board of county commissioners upon such | 5063 |
lawful terms as are agreed upon, as provided by division (B)(1) of | 5064 |
section 721.27 of the Revised Code. | 5065 |
(B) When the legislative authority finds, by resolution, that | 5066 |
the municipal corporation has vehicles, equipment, or machinery | 5067 |
which is obsolete, or is not needed or is unfit for public use, | 5068 |
that the municipal corporation has need of other vehicles, | 5069 |
equipment, or machinery of the same type, and that it will be in | 5070 |
the best interest of the municipal corporation that the sale of | 5071 |
obsolete, unneeded, or unfit vehicles, equipment, or machinery be | 5072 |
made simultaneously with the purchase of the new vehicles, | 5073 |
equipment, or machinery of the same type, the legislative | 5074 |
authority may offer to sell, or authorize a board, officer, or | 5075 |
director of the municipal corporation having supervision or | 5076 |
management of the property to offer to sell, those vehicles, | 5077 |
equipment, or machinery and to have the selling price credited | 5078 |
against the purchase price of other vehicles, equipment, or | 5079 |
machinery and to consummate the sale and purchase by a single | 5080 |
contract with the lowest and best bidder to be determined by | 5081 |
subtracting from the selling price of the vehicles, equipment, or | 5082 |
machinery to be purchased by the municipal corporation the | 5083 |
purchase price offered for the municipally-owned vehicles, | 5084 |
equipment, or machinery. When the legislative authority or the | 5085 |
authorized board, officer, or director of a municipal corporation | 5086 |
advertises for bids for the sale of new vehicles, equipment, or | 5087 |
machinery to the municipal corporation, they may include in the | 5088 |
same advertisement a notice of willingness to accept bids for the | 5089 |
purchase of municipally-owned vehicles, equipment, or machinery | 5090 |
which is obsolete, or is not needed or is unfit for public use, | 5091 |
and to have the amount of those bids subtracted from the selling | 5092 |
price as a means of determining the lowest and best bidder. | 5093 |
(C) If the legislative authority of the municipal corporation | 5094 |
determines that municipal personal property is not needed for | 5095 |
public use, or is obsolete or unfit for the use for which it was | 5096 |
acquired, and that the property has no value, the legislative | 5097 |
authority may discard or salvage that property. | 5098 |
(D) Notwithstanding anything to the contrary in division (A) | 5099 |
or (B) of this section and regardless of the property's value, the | 5100 |
legislative authority of a municipal corporation may sell personal | 5101 |
property, including motor vehicles acquired for the use of | 5102 |
municipal officers and departments, and road machinery, equipment, | 5103 |
tools, or supplies, which is not needed for public use, or is | 5104 |
obsolete or unfit for the use for which it was acquired, by | 5105 |
internet auction. The legislative authority shall adopt, during | 5106 |
each calendar year, a resolution expressing its intent to sell | 5107 |
that property by internet auction. The resolution shall include a | 5108 |
description of how the auctions will be conducted and shall | 5109 |
specify the number of days for bidding on the property, which | 5110 |
shall be no less than ten days, including Saturdays, Sundays, and | 5111 |
legal holidays. The resolution shall indicate whether the | 5112 |
municipal corporation will conduct the auction or the legislative | 5113 |
authority will contract with a representative to conduct the | 5114 |
auction and shall establish the general terms and conditions of | 5115 |
sale. If a representative is known when the resolution is adopted, | 5116 |
the resolution shall provide contact information such as the | 5117 |
representative's name, address, and telephone number. | 5118 |
After adoption of the resolution, the legislative authority | 5119 |
shall publish, in a newspaper of general circulation in the | 5120 |
municipal corporation or as provided in section 7.16 of the | 5121 |
Revised Code, notice of its intent to sell unneeded, obsolete, or | 5122 |
unfit municipal personal property by internet auction. The notice | 5123 |
shall include a summary of the information provided in the | 5124 |
resolution and shall be published | 5125 |
5126 | |
more than twenty days after the previous notice. A similar notice | 5127 |
also shall be posted continually throughout the calendar year in a | 5128 |
conspicuous place in the offices of the village clerk or city | 5129 |
auditor, and the legislative authority | 5130 |
corporation maintains a | 5131 |
notice shall be posted continually throughout the calendar year at | 5132 |
that
| 5133 |
When the property is to be sold by internet auction, the | 5134 |
legislative authority or its representative may establish a | 5135 |
minimum price that will be accepted for specific items and may | 5136 |
establish any other terms and conditions for the particular sale, | 5137 |
including requirements for pick-up or delivery, method of payment, | 5138 |
and sales tax. This type of information shall be provided on the | 5139 |
internet at the time of the auction and may be provided before | 5140 |
that time upon request after the terms and conditions have been | 5141 |
determined by the legislative authority or its representative. | 5142 |
Sec. 721.20. Notice of the filing, pendency, and prayer of | 5143 |
the petition provided for by section 721.19 of the Revised Code | 5144 |
shall be published for four consecutive weeks or as provided in | 5145 |
section 7.16 of the Revised Code, prior to the day of hearing, in | 5146 |
a newspaper | 5147 |
5148 | |
circulation in such municipal corporation. | 5149 |
Sec. 723.07. No street or alley shall be vacated or narrowed | 5150 |
unless notice of the pendency and prayer of the petition under | 5151 |
section 723.04 of the Revised Code is given by publishing, in a | 5152 |
newspaper | 5153 |
corporation, for six consecutive weeks preceding action on such | 5154 |
petition, or | 5155 |
Code preceding action on the petition. Where no newspaper is | 5156 |
5157 | |
notice shall be given by posting the notice in three public places | 5158 |
therein six weeks preceding such action. Action thereon shall take | 5159 |
place within three months after the completion of the notice. | 5160 |
Sec. 727.011. For the purpose of controlling the blight and | 5161 |
disease of shade trees within public rights-of-way, and for | 5162 |
planting, maintaining, trimming, and removing shade trees in and | 5163 |
along the streets of a municipality, the legislative authority of | 5164 |
such municipal corporation may establish one or more districts in | 5165 |
the municipality designating the boundaries thereof, and may each | 5166 |
year thereafter, by ordinance, designate the district in which | 5167 |
such control, planting, care, and maintenance shall be effected, | 5168 |
setting forth an estimate of the cost and providing for the levy | 5169 |
of a special assessment upon all the real property in the | 5170 |
district, in the amount and in the manner provided in section | 5171 |
727.01 of the Revised Code, for planting, maintaining, trimming, | 5172 |
and removing shade trees. The ordinance shall be adopted | 5173 |
5174 | |
ordinance shall be published in the manner provided in section | 5175 |
731.21 of the Revised Code. Bonds and anticipatory notes may be | 5176 |
issued in anticipation of the collection of such special | 5177 |
assessments, under section 133.17 of the Revised Code. | 5178 |
Sec. 727.012. For the purpose of constructing, maintaining, | 5179 |
repairing, cleaning, and enclosing ditches, the legislative | 5180 |
authority of such municipal corporation may establish one or more | 5181 |
districts in the municipality designating the boundaries thereof, | 5182 |
and may each year thereafter, by ordinance, designate the district | 5183 |
in which such constructing, maintaining, repairing, cleaning, and | 5184 |
enclosing of ditches shall be effected, setting forth an estimate | 5185 |
of the cost and providing for the levying of a special assessment | 5186 |
upon all the real property in the district, in the amount and in | 5187 |
the manner provided in section 727.01 of the Revised Code, for | 5188 |
constructing, maintaining, repairing, cleaning, and enclosing | 5189 |
ditches. The ordinance shall be adopted | 5190 |
ordinances and a succinct summary of the ordinance shall be | 5191 |
published in the manner provided in section 731.21 of the Revised | 5192 |
Code. Bonds and anticipatory notes may be issued in anticipation | 5193 |
of the collection of such special assessments, under section | 5194 |
133.17 of the Revised Code. | 5195 |
Sec. 727.08. The cost of any public improvement to be paid | 5196 |
for directly or indirectly, in whole or in part, by funds derived | 5197 |
from special assessments may include but not be limited to: | 5198 |
(A) The purchase price of real estate or any interest therein | 5199 |
when acquired by purchase, or not more than fifty per cent of the | 5200 |
cost of acquiring such real estate or any interest therein when | 5201 |
acquired by appropriation; | 5202 |
(B) The cost of preliminary and other surveys; | 5203 |
(C) The cost of preparing plans, specifications, profiles, | 5204 |
and estimates except, to the extent that costs of plans, | 5205 |
specifications, and estimates of cost have been paid for by the | 5206 |
levy of assessments under section 729.11 of the Revised Code, such | 5207 |
costs shall not be included in determining the cost of the | 5208 |
improvement under this section; | 5209 |
(D) The cost of printing, serving, and publishing notices | 5210 |
and summaries of resolutions | 5211 |
(E) The cost of all special proceedings; | 5212 |
(F) The cost of labor and material, whether furnished by | 5213 |
contract or otherwise; | 5214 |
(G) Interest on securities issued in anticipation of the levy | 5215 |
and collection of the special assessments or, if securities in | 5216 |
anticipation of the levy of the special assessments are not | 5217 |
issued, interest, at a rate to be determined by the legislative | 5218 |
authority in the resolution of necessity adopted pursuant to | 5219 |
section 727.12 of the Revised Code, on moneys advanced by the | 5220 |
municipal corporation for the cost of the public improvement in | 5221 |
anticipation of the levy of the special assessments; | 5222 |
(H) The total amount of damages, resulting from the | 5223 |
improvement, assessed in favor of any owner of lands affected by | 5224 |
the improvement, and interest thereon; | 5225 |
(I) The cost incurred in connection with the preparation, | 5226 |
levy, and collection of the special assessments, including legal | 5227 |
expenses incurred by reason of the improvement; | 5228 |
(J) Incidental costs directly connected with the improvement. | 5229 |
Sec. 727.14. In lieu of the procedure provided in section | 5230 |
727.13 of the Revised Code, the legislative authority may provide | 5231 |
for notice of the passage of a resolution of necessity providing | 5232 |
for the lighting, sprinkling, sweeping, or cleaning of any street, | 5233 |
alley, public road, or place, or parts thereof or for treating the | 5234 |
surface of the same with dust-laying or preservative substances, | 5235 |
or for the planting, maintaining, and removing of shade trees, or | 5236 |
for the constructing, maintaining, repairing, cleaning, and | 5237 |
enclosing of ditches, and the filing of the estimated assessment | 5238 |
under section 727.12 of the Revised Code, to be given by | 5239 |
publication of such notice once a week for two consecutive weeks | 5240 |
in a newspaper of general circulation in the municipal corporation | 5241 |
or as provided in section 7.16 of the Revised Code. When it | 5242 |
appears from the estimated assessment filed as provided by section | 5243 |
727.12 of the Revised Code, that the assessment against the owner | 5244 |
of any lot or parcel of land will exceed two hundred fifty | 5245 |
dollars, such owner shall be notified of the assessment in the | 5246 |
manner provided in section 727.13 of the Revised Code. | 5247 |
Sec. 727.46. When a general plan has been prepared under | 5248 |
section 727.44 of the Revised Code and reported to the legislative | 5249 |
authority, it shall be filed with the clerk of the legislative | 5250 |
authority and the legislative authority shall cause its clerk to | 5251 |
publish, once a week for two consecutive weeks in a newspaper of | 5252 |
general circulation in the municipal corporation or as provided in | 5253 |
section 7.16 of the Revised Code, a notice stating that such | 5254 |
general plan has been prepared and is on file in the office of the | 5255 |
clerk of the legislative authority for examination by interested | 5256 |
persons and that written objections to such plan may be filed in | 5257 |
the office of such clerk before the date specified in the notice, | 5258 |
which shall not be earlier than the seventeenth day following the | 5259 |
date of the first publication in said newspaper. Any person having | 5260 |
an objection to the general plan shall file such objection in | 5261 |
writing, with the clerk of the legislative authority within the | 5262 |
time specified. | 5263 |
Sec. 729.08. The legislative authority of the municipal | 5264 |
corporation shall cause a notice to be published for three | 5265 |
consecutive weeks in a newspaper of general circulation in the | 5266 |
municipal corporation or as provided in section 7.16 of the | 5267 |
Revised Code, stating that such list of estimated assessments has | 5268 |
been made and is on file in the office of the clerk of the | 5269 |
legislative authority for the inspection and examination of | 5270 |
persons interested therein. | 5271 |
If any person objects to an assessment on such list, | 5272 |
person shall file | 5273 |
the legislative authority within two weeks after the expiration of | 5274 |
the notice provided in this section. | 5275 |
Sec. 729.11. In addition to the power conferred upon | 5276 |
municipal corporations under section 727.01 of the Revised Code to | 5277 |
levy and collect special assessments, the legislative authority of | 5278 |
a municipal corporation may, whenever it has determined by | 5279 |
ordinance that it is necessary to construct, enlarge, or improve a | 5280 |
system of storm or sanitary sewerage for the municipal corporation | 5281 |
or any part thereof, including sewage disposal works, treatment | 5282 |
plants, and sewage pumping stations, or a water supply system for | 5283 |
the municipal corporation or any part thereof including mains, | 5284 |
dams, reservoirs, wells, intakes, purification works, and pumping | 5285 |
stations, and that any such improvement shall be constructed, | 5286 |
enlarged, or improved, may levy upon property to be benefited in | 5287 |
the municipal corporation or any designated part thereof, which | 5288 |
property shall be described in the ordinance, a preliminary | 5289 |
assessment upon the benefited lots and lands within the | 5290 |
corporation or such part thereof, apportioned according to | 5291 |
benefits or to the tax valuation or partly by one method and | 5292 |
partly by the other, as the legislative authority determines for | 5293 |
the purpose of paying the costs of general and detailed plans, | 5294 |
specifications, estimates, preparation of the tentative | 5295 |
assessment, financing, and legal services incident to the | 5296 |
preparation of such plans, and a plan for financing the proposed | 5297 |
improvements. | 5298 |
Prior to the adoption of such ordinance, the legislative | 5299 |
authority of such municipal corporation shall give notice of the | 5300 |
pendency thereof and of the proposed determination of the | 5301 |
necessity of the improvement therein generally described, which | 5302 |
notice shall set forth the description of the benefited property | 5303 |
as designated in the ordinance and the time and place of hearing | 5304 |
of objections to and endorsements of the improvement. Such notice | 5305 |
shall be given by publication in a newspaper of general | 5306 |
circulation in the municipal corporation once a week for two | 5307 |
consecutive weeks or as provided in section 7.16 of the Revised | 5308 |
Code, the first publication to be at least two weeks prior to the | 5309 |
date set for the hearing. At such hearing, or at any adjournment | 5310 |
thereof, of which no further published notice need be given, the | 5311 |
legislative authority shall hear all persons whose properties are | 5312 |
proposed to be assessed, and such evidence as is deemed to be | 5313 |
necessary, and shall then determine the necessity of the proposed | 5314 |
improvement and in addition shall determine whether the | 5315 |
improvement shall be made by the municipal corporation, and shall | 5316 |
direct the preparation of tentative assessments upon the benefited | 5317 |
properties and by whom they shall be prepared. | 5318 |
Such assessments shall be in the amount determined to be | 5319 |
necessary by the legislative authority to pay the costs of general | 5320 |
and detailed plans, specifications, estimates of cost, preparation | 5321 |
of the tentative assessment, financing and legal services incident | 5322 |
to the preparation of such plans, and a plan of financing the | 5323 |
proposed improvements, and shall be payable in such number of | 5324 |
years as the legislative authority determines, not to exceed | 5325 |
twenty, together with interest on any notes which may be issued in | 5326 |
anticipation of the collection of such assessments. | 5327 |
The legislative authority may at any time levy additional | 5328 |
assessments according to benefits or to tax valuation or partly by | 5329 |
one method and partly by the other as the legislative authority | 5330 |
determines for such purposes upon such properties to complete the | 5331 |
payment of such costs or to pay the cost of any additional plans, | 5332 |
specifications, estimates of cost, tentative assessments, and the | 5333 |
cost of financing and legal services incident to the preparation | 5334 |
of such plans and such plan of financing, which additional | 5335 |
assessments shall be payable in such number of years as the | 5336 |
legislative authority determines, not to exceed twenty years, | 5337 |
together with interest on any notes and bonds which may be issued | 5338 |
in anticipation of the collection thereof. | 5339 |
Upon completion of the tentative assessments or any | 5340 |
additional assessments, they shall be filed with the clerk of the | 5341 |
legislative authority and shall be and remain open to public | 5342 |
inspection, and thereupon, the legislative authority shall give at | 5343 |
least ten days' notice of the filing thereof in one newspaper of | 5344 |
general circulation in the municipal corporation, or shall give | 5345 |
notice as provided in section 7.16 of the Revised Code, which | 5346 |
notice shall state the time and place when and where such | 5347 |
tentative assessments shall be taken up for consideration. At such | 5348 |
time and place or at any adjournment thereof, of which no further | 5349 |
published notice need be given, the legislative authority shall | 5350 |
hear all persons whose properties are proposed to be assessed, | 5351 |
shall correct any errors and make any revisions that appear to be | 5352 |
necessary or just, and may then pass an ordinance levying upon the | 5353 |
properties determined to be benefited such assessments as so | 5354 |
corrected and revised. | 5355 |
The assessments levied by such ordinance shall be certified | 5356 |
to the county auditor for collection as other taxes in the year or | 5357 |
years in which they are payable; provided any such assessment in | 5358 |
the amount of five dollars or less, or any unpaid balance of any | 5359 |
such assessment which is five dollars or less, shall be paid in | 5360 |
full, and not in installments, at the time the first or next | 5361 |
installment would otherwise become due and payable. | 5362 |
Upon the adoption of such ordinance levying assessments the | 5363 |
legislative authority may authorize contracts to carry out the | 5364 |
purposes for which such assessments have been levied without the | 5365 |
prior issuance of notes and bonds; provided that the payments due | 5366 |
by the municipal corporation do not fall due prior to the times in | 5367 |
which such assessments shall be collected. The municipal | 5368 |
corporation may also issue and sell its bonds with a maximum | 5369 |
maturity of twenty years in anticipation of the collection of such | 5370 |
assessments and may issue its notes in anticipation of the | 5371 |
issuance of such bonds, which notes and bonds shall be issued and | 5372 |
sold as provided in Chapter 133. of the Revised Code. | 5373 |
Sec. 731.141. In those villages that have established the | 5374 |
position of village administrator, as provided by section 735.271 | 5375 |
of the Revised Code, the village administrator shall make | 5376 |
contracts, purchase supplies and materials, and provide labor for | 5377 |
any work under the administrator's supervision involving not more | 5378 |
than twenty-five thousand dollars. When an expenditure, other than | 5379 |
the compensation of persons employed by the village, exceeds | 5380 |
twenty-five thousand dollars, the expenditure shall first be | 5381 |
authorized and directed by ordinance of the legislative authority | 5382 |
of the village. When so authorized and directed, except where the | 5383 |
contract is for equipment, services, materials, or supplies to be | 5384 |
purchased under division (D) of section 713.23 or section 125.04 | 5385 |
or 5513.01 of the Revised Code, available from a qualified | 5386 |
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 5387 |
Revised Code, or required to be purchased from a qualified | 5388 |
nonprofit agency under sections 125.60 to 125.6012 of the Revised | 5389 |
Code, the village administrator shall make a written contract with | 5390 |
the lowest and best bidder after advertisement for not less than | 5391 |
two nor more than four consecutive weeks in a newspaper of general | 5392 |
circulation within the village or as provided in section 7.16 of | 5393 |
the Revised Code. The bids shall be opened and shall be publicly | 5394 |
read by the village administrator or a person designated by the | 5395 |
village administrator at the time, date, and place as specified in | 5396 |
the advertisement to bidders or specifications. The time, date, | 5397 |
and place of bid openings may be extended to a later date by the | 5398 |
village administrator, provided that written or oral notice of the | 5399 |
change shall be given to all persons who have received or | 5400 |
requested specifications no later than ninety-six hours prior to | 5401 |
the original time and date fixed for the opening. All contracts | 5402 |
shall be executed in the name of the village and signed on its | 5403 |
behalf by the village administrator and the clerk. | 5404 |
The legislative authority of a village may provide, by | 5405 |
ordinance, for central purchasing for all offices, departments, | 5406 |
divisions, boards, and commissions of the village, under the | 5407 |
direction of the village administrator, who shall make contracts, | 5408 |
purchase supplies or materials, and provide labor for any work of | 5409 |
the village in the manner provided by this section. | 5410 |
Sec. 731.20. Ordinances, resolutions, and bylaws shall be | 5411 |
authenticated by the signature of the presiding officer and clerk | 5412 |
of the legislative authority of the municipal corporation. | 5413 |
5414 | |
providing for improvements shall be published as provided by | 5415 |
sections 731.21 and 731.22 of the Revised Code before going into | 5416 |
operation. No ordinance shall take effect until the expiration of | 5417 |
ten days after the first publication of such notice. As soon as a | 5418 |
bylaw, resolution, or ordinance is passed and signed, it shall be | 5419 |
recorded by the clerk in a book furnished by the legislative | 5420 |
authority for that purpose. | 5421 |
Sec. 731.21. (A) | 5422 |
5423 | |
municipal ordinance or resolution | 5424 |
5425 | |
proclamations, notices, and reports required by law or ordinance | 5426 |
to be published shall be published | 5427 |
| 5428 |
5429 | |
municipal corporation | 5430 |
| 5431 |
5432 | |
5433 | |
5434 | |
5435 |
| 5436 |
5437 | |
5438 |
| 5439 |
5440 | |
5441 | |
5442 | |
5443 | |
Proof of the publication and required circulation of any newspaper | 5444 |
used as a medium of publication as provided by this section shall | 5445 |
be made by affidavit of the proprietor of
| 5446 |
5447 | |
legislative authority. | 5448 |
(B) | 5449 |
5450 | |
contain notice that the complete text of each such ordinance or | 5451 |
resolution may be obtained or viewed at the office of the clerk of | 5452 |
the legislative authority of the municipal corporation and may be | 5453 |
viewed at any other location designated by the legislative | 5454 |
authority of the municipal corporation. The city director of law, | 5455 |
village solicitor, or other chief legal officer of the municipal | 5456 |
corporation shall review | 5457 |
resolution published under this section prior to forwarding it to | 5458 |
the clerk for publication, to ensure that the summary is legally | 5459 |
accurate and sufficient. | 5460 |
(C) Upon publication of a summary of an ordinance or | 5461 |
resolution in accordance with this section, the clerk of the | 5462 |
legislative authority shall supply a copy of the complete text of | 5463 |
each such ordinance or resolution to any person, upon request, and | 5464 |
may charge a reasonable fee, set by the legislative authority, for | 5465 |
each copy supplied. The clerk shall post a copy of the text at | 5466 |
the clerk's office and at every other location designated by the | 5467 |
legislative authority. | 5468 |
Sec. 731.211. In accordance with Section 9 of Article XVIII, | 5469 |
Ohio Constitution, notice of proposed amendments to municipal | 5470 |
charters shall be given in one of the following ways: | 5471 |
(A) Not less than thirty days prior to the election at which | 5472 |
the amendment is to be submitted to the electors, the clerk of the | 5473 |
municipality shall mail a copy of the proposed charter amendment | 5474 |
to each elector whose name appears upon the poll or registration | 5475 |
books of the last regular or general election held therein. | 5476 |
(B) The full text of the proposed charter amendment shall be | 5477 |
published once a week for not less than two consecutive weeks in a | 5478 |
newspaper | 5479 |
corporation or as provided in section 7.16 of the Revised Code, | 5480 |
with the first publication being at least fifteen days prior to | 5481 |
the election at which the amendment is to be submitted to the | 5482 |
electors. | 5483 |
5484 | |
5485 |
Sec. 731.22. The publication required in section 731.21 of | 5486 |
the Revised Code shall be for the following times: | 5487 |
(A) | 5488 |
ordinances or resolutions, and proclamations of elections, once a | 5489 |
week for two consecutive weeks or as provided in section 7.16 of | 5490 |
the Revised Code; | 5491 |
(B) Notices, not less than two nor more than four consecutive | 5492 |
weeks or as provided in section 7.16 of the Revised Code; | 5493 |
(C) All other matters shall be published once. | 5494 |
Sec. 731.23. When ordinances are revised, codified, | 5495 |
rearranged, published in book form, and certified as correct by | 5496 |
the clerk of the legislative authority of a municipal corporation | 5497 |
and the mayor, such publication shall be a sufficient publication, | 5498 |
and the ordinances so published, under appropriate titles, | 5499 |
chapters, and sections, shall be held the same in law as though | 5500 |
they had been published in a newspaper. A new ordinance so | 5501 |
published in book form, a summary of which has not been published | 5502 |
as required by sections 731.21 and 731.22 of the Revised Code, and | 5503 |
which contains entirely new matter, shall be published as required | 5504 |
by such sections. If such revision or codification is made by a | 5505 |
municipal corporation and contains new matter, it shall be a | 5506 |
sufficient publication of such codification, including the new | 5507 |
matter, to publish, in the manner required by such sections, a | 5508 |
notice of the enactment of such codifying ordinance, containing | 5509 |
the title of the ordinance and a summary of the new matters | 5510 |
covered by it. Such revision and codification may be made under | 5511 |
appropriate titles, chapters, and sections and in one ordinance | 5512 |
containing one or more subjects. | 5513 |
Except as provided by this section, a succinct summary of all | 5514 |
ordinances, including emergency ordinances, shall be published in | 5515 |
accordance with section 731.21 of the Revised Code. | 5516 |
Sec. 731.24. Immediately after the expiration of the period | 5517 |
of publication
| 5518 |
required by section 731.22 of the Revised Code, the clerk of the | 5519 |
legislative authority of a municipal corporation shall enter on | 5520 |
the record of ordinances, in a blank to be left for such purpose | 5521 |
under the recorded ordinance, a certificate stating in which | 5522 |
newspaper and on what dates such publication was made, and shall | 5523 |
sign | 5524 |
shall be prima-facie evidence that legal publication of the | 5525 |
5526 |
Sec. 731.25. | 5527 |
5528 | |
which no newspaper is | 5529 |
of | 5530 |
resolutions, and publication of all statements, orders, | 5531 |
proclamations, notices, and reports, required by law or ordinance | 5532 |
to be published, shall be accomplished | 5533 |
5534 |
| 5535 |
public places in the municipal corporation, as determined by the | 5536 |
legislative authority, for a period of not less than fifteen days | 5537 |
prior to the effective date thereof | 5538 |
| 5539 |
5540 |
Notices to bidders for the construction of public | 5541 |
improvements and notices of the sale of bonds shall be published | 5542 |
in | 5543 |
newspaper of general circulation in such municipal corporation, | 5544 |
for the time prescribed in section 731.22 of the Revised Code. | 5545 |
Where such publication is by posting, the clerk shall make a | 5546 |
certificate as to such posting, and as to the times when and the | 5547 |
places where such posting is done, in the manner provided in | 5548 |
section 731.24 of the Revised Code, and such certificate shall be | 5549 |
prima-facie evidence that the copies were posted as required. | 5550 |
Sec. 735.05. The director of public service may make any | 5551 |
contract, purchase supplies or material, or provide labor for any | 5552 |
work under the supervision of the department of public service | 5553 |
involving not more than twenty-five thousand dollars. When an | 5554 |
expenditure within the department, other than the compensation of | 5555 |
persons employed in the department, exceeds twenty-five thousand | 5556 |
dollars, the expenditure shall first be authorized and directed by | 5557 |
ordinance of the city legislative authority. When so authorized | 5558 |
and directed, except where the contract is for equipment, | 5559 |
services, materials, or supplies to be purchased under division | 5560 |
(D) of section 713.23 or section 125.04 or 5513.01 of the Revised | 5561 |
Code or available from a qualified nonprofit agency pursuant to | 5562 |
sections 4115.31 to 4115.35 of the Revised Code, the director | 5563 |
shall make a written contract with the lowest and best bidder | 5564 |
after advertisement for not less than two nor more than four | 5565 |
consecutive weeks in a newspaper of general circulation within the | 5566 |
city or as provided in section 7.16 of the Revised Code. | 5567 |
Sec. 735.20. When a whole plan, or any portion thereof, as | 5568 |
provided in section 735.19 of the Revised Code is completed, or | 5569 |
when the location of any avenue, street, roadway, or alley has | 5570 |
been finally determined by the platting commissioner of a city, a | 5571 |
plat of the plan, avenue, street, roadway, or alley shall be | 5572 |
placed in the office of the city engineer for the inspection of | 5573 |
persons interested, and notice that it is ready for inspection | 5574 |
shall be published in | 5575 |
general circulation within the city, for six consecutive weeks, or | 5576 |
as provided in section 7.16 of the Revised Code. | 5577 |
Sec. 737.32. Except as otherwise provided in this section | 5578 |
and unless the property involved is required to be disposed of | 5579 |
pursuant to another section of the Revised Code, property that is | 5580 |
unclaimed for ninety days or more shall be sold by the chief of | 5581 |
police of the municipal corporation, marshal of the village, or | 5582 |
licensed auctioneer at public auction, after notice of the sale | 5583 |
has been provided by publication once a week for three successive | 5584 |
weeks in a newspaper of general circulation in the county or as | 5585 |
provided in section 7.16 of the Revised Code. The proceeds of the | 5586 |
sale shall be paid to the treasurer of the municipal corporation | 5587 |
and shall be credited to the general fund of the municipal | 5588 |
corporation. | 5589 |
If authorized to do so by an ordinance adopted by the | 5590 |
legislative authority of the municipal corporation and if the | 5591 |
property involved is not required to be disposed of pursuant to | 5592 |
another section of the Revised Code, the chief of police or | 5593 |
marshal may contribute property that is unclaimed for ninety days | 5594 |
or more to one or more public agencies, to one or more nonprofit | 5595 |
organizations no part of the net income of which inures to the | 5596 |
benefit of any private shareholder or individual and no | 5597 |
substantial part of the activities of which consists of carrying | 5598 |
on propaganda or otherwise attempting to influence legislation, or | 5599 |
to one or more organizations satisfying section 501(c)(3) or | 5600 |
(c)(19) of the Internal Revenue Code of 1986. | 5601 |
Sec. 745.07. An ordinance passed pursuant to section 745.06 | 5602 |
of the Revised Code shall not take effect until submitted to the | 5603 |
electors of the municipal corporation, at a special or general | 5604 |
election held in the municipal corporation at such time as the | 5605 |
legislative authority determines, and approved by a majority of | 5606 |
the electors voting on it. The ordinance shall be passed by an | 5607 |
affirmative vote of not less than a majority of the members of the | 5608 |
legislative authority and shall be subject to the approval of the | 5609 |
mayor as provided by law. The ordinance shall specify the form or | 5610 |
phrasing of the question to be placed upon the ballot. Thirty | 5611 |
days' notice of the election shall be given by publication once a | 5612 |
week for two consecutive weeks in | 5613 |
5614 | |
municipal corporation | 5615 |
the Revised Code. If the board of elections operates and maintains | 5616 |
a web site, notice of the election also shall be posted on that | 5617 |
web site for thirty days prior to the election. The notice shall | 5618 |
contain the full form or phrasing of the question to be submitted. | 5619 |
The clerk of the legislative authority shall certify the passage | 5620 |
of the ordinance to the officers having control of elections in | 5621 |
the municipal corporation, who shall cause the question to be | 5622 |
voted on at the general or special election as specified in the | 5623 |
ordinance. | 5624 |
Sec. 747.05. The board of rapid transit commissioners shall | 5625 |
have control of the expenditure of all moneys appropriated by the | 5626 |
legislative authority of the city, received from the sale of bonds | 5627 |
provided for in sections 747.01 to 747.13 | 5628 |
Revised Code, or from any other source, for the purchase, | 5629 |
construction, improvement, maintenance, equipment, or enjoyment of | 5630 |
all such rapid transit property, but no liability shall be | 5631 |
incurred or expenditure made unless the money required therefor is | 5632 |
in the city treasury to the credit of the board of rapid transit | 5633 |
commissioners' fund and not appropriated for any other purpose. | 5634 |
Moneys to be derived from the sale of bonds, the issue of which | 5635 |
has been authorized, shall be deemed to be in the treasury to the | 5636 |
credit of such fund. | 5637 |
All moneys expended for the construction and acquisition of | 5638 |
parkways or boulevards, as authorized by such sections, shall be | 5639 |
provided for partly by special appropriation or bond issue and | 5640 |
partly by assessments, as specified in section 747.06 of the | 5641 |
Revised Code, and such funds shall be separately accounted for, | 5642 |
and such expenditure shall not be considered a part of the rapid | 5643 |
transit expenditure authorized by this section. The board may let | 5644 |
contracts for any part of the work to the lowest and best bidder | 5645 |
after three weeks' advertisement in | 5646 |
general circulation in the city or as provided in section 7.16 of | 5647 |
the Revised Code. | 5648 |
The board may reject any bid, and the proceedings for such | 5649 |
contracts and payment therefor shall be the same as provided for | 5650 |
the director of public service except the requirement of the | 5651 |
approval of the board of control. | 5652 |
Sec. 747.11. The board of rapid transit commissioners may | 5653 |
grant to any corporation organized for street or interurban | 5654 |
railway purposes the right to operate, by lease or otherwise, the | 5655 |
depots, terminals, and railways mentioned in section 747.08 of the | 5656 |
Revised Code upon such terms as the board is authorized by | 5657 |
ordinance to agree upon with such corporation, subject to the | 5658 |
approval of a majority of the electors of the city voting on the | 5659 |
question. | 5660 |
The board of rapid transit commissioners shall certify such | 5661 |
lease or agreement to the board of elections, which shall then | 5662 |
submit the question of the approval of such lease or agreement to | 5663 |
the qualified electors of the city at either a special or general | 5664 |
election as the ordinance specifies. Thirty days' notice of the | 5665 |
election shall be given by publication in | 5666 |
5667 | |
city once a week for two consecutive weeks prior to the election, | 5668 |
5669 | |
board of elections operates and maintains a web site, the board of | 5670 |
elections shall post notice of the election for thirty days prior | 5671 |
to the election on its web site. The notice shall set forth the | 5672 |
terms of the lease or agreement and the time of holding the | 5673 |
election. On the approval by a majority of the voters voting at | 5674 |
the election, the corporation may operate such depots, terminals, | 5675 |
and railways as provided in the lease or agreement, and | 5676 |
corporations organized under the laws of this state for street or | 5677 |
interurban railway purposes may lease and operate such depots, | 5678 |
terminals, and railways. | 5679 |
Sec. 747.12. Whenever the board of rapid transit | 5680 |
commissioners of a city declares by resolution that real estate of | 5681 |
the city acquired for rapid transit purposes is not needed for the | 5682 |
proper conduct and maintenance of such rapid transit system, such | 5683 |
real estate may be sold or leased by the board to the highest | 5684 |
bidder after advertisement once a week for three consecutive weeks | 5685 |
in a newspaper of general circulation within the city or as | 5686 |
provided in section 7.16 of the Revised Code. The board may reject | 5687 |
any bid and readvertise until all such property is sold or leased. | 5688 |
When the board has twice so offered to sell or lease such | 5689 |
property, and it is not sold or leased, the board may privately | 5690 |
sell or lease it. | 5691 |
Moneys arising from such sales or leases shall be deposited | 5692 |
in the treasury of the city to the credit of the board of rapid | 5693 |
transit commissioners' fund, and may be expended for the purchase, | 5694 |
construction, improvement, maintenance, equipment, and enjoyment | 5695 |
of the city's rapid transit property, as such board directs. | 5696 |
Contracts, leases, deeds, bills of sale, or other instruments | 5697 |
in writing pertaining to such sales or leases shall be executed on | 5698 |
behalf of the city by the board, by its president and secretary. | 5699 |
Sec. 755.41. When lands lying within the limits of a | 5700 |
municipal corporation have been dedicated to or for the use of the | 5701 |
public for parks or park lands, and where such lands have remained | 5702 |
unimproved and unused by the public for a period of twenty-one | 5703 |
years and there appears to be little or no possibility that such | 5704 |
lands will be improved and used by the public, the legislative | 5705 |
authority of a municipal corporation in which said lands are | 5706 |
located may, by ordinance, declare such parks or park lands | 5707 |
vacated upon the petition of a majority of the abutting | 5708 |
freeholders. No such parks or park lands shall be vacated unless | 5709 |
notice of the pendency and prayer of the petition is given, in a | 5710 |
newspaper of general circulation in the municipal corporation in | 5711 |
which such lands are situated for three consecutive weeks, or as | 5712 |
provided in section 7.16 of the Revised Code, preceding action on | 5713 |
such petition. No such lands shall be vacated prior to a public | 5714 |
hearing had thereon. | 5715 |
Sec. 755.42. Upon the vacation of parks or park lands as | 5716 |
provided by section 755.41 of the Revised Code, the legislative | 5717 |
authority of a municipal corporation shall offer such lands for | 5718 |
sale at a public auction. No lands shall be sold until the | 5719 |
legislative authority of such municipal corporation gives notice | 5720 |
of intention to sell such lands. Such notice shall be published as | 5721 |
provided in section 7.16 of the Revised Code or once a week for | 5722 |
four consecutive weeks in a newspaper of general circulation in a | 5723 |
municipal corporation in which the sale is to be had. The | 5724 |
legislative authority of such municipal corporation or the board | 5725 |
or officer having supervision or management of such real estate | 5726 |
shall sell such lands to the highest and best bidder, provided | 5727 |
that any and all bids made hereunder may be rejected. | 5728 |
When such sale is made, the mayor or other officer of a | 5729 |
municipal corporation in which sale is had and in which such lands | 5730 |
are located, shall enter into a deed, conveying said lands to the | 5731 |
purchaser thereof. At or after the time of sale, the auditor of | 5732 |
the county shall place the lands sold hereunder on the tax | 5733 |
duplicate of the county at a value to be established by | 5734 |
auditor as in cases where | 5735 |
has been tax exempt on the taxable list of the county. | 5736 |
The proceeds from the sale of lands sold pursuant to this | 5737 |
section shall be placed in the general fund of the treasury of the | 5738 |
municipal corporation in which such lands are located and may be | 5739 |
disbursed as other general fund moneys. | 5740 |
Sec. 755.43. When real estate | 5741 |
to or for the use of the public for parks or park lands is vacated | 5742 |
by the legislative authority of a municipal corporation pursuant | 5743 |
to section 755.41 of the Revised Code, and where reversionary | 5744 |
interests have been set up in the event of the non-use of such | 5745 |
lands for the dedicated purpose, such reversionary interests shall | 5746 |
accelerate and vest in the holders thereof upon such vacation. | 5747 |
Thereupon, the auditor of the county shall place the lands on the | 5748 |
tax duplicate of the county in the names of such reversionaries as | 5749 |
are known to and supplied by the legislative authority of the | 5750 |
municipal corporation or the board or officer having supervision | 5751 |
or management of such real estate. If the legislative authority of | 5752 |
such board or officer is unable to furnish the names of such | 5753 |
reversioners, the legislative authority of a municipal corporation | 5754 |
shall fix a date on or before which claims to such real estate may | 5755 |
be asserted and after which such real estate shall be sold. Notice | 5756 |
shall be given of such date and of the sale to be held thereafter, | 5757 |
as provided in section 7.16 of the Revised Code or once each week | 5758 |
for four consecutive weeks in a newspaper of general circulation | 5759 |
in the municipal corporation wherein such lands are located. In | 5760 |
the event that no claims to such lands are asserted or found to be | 5761 |
valid, the lands shall be sold pursuant to section 755.42 of the | 5762 |
Revised Code, and the title of any holders of reversionary | 5763 |
interests shall be extinguished. | 5764 |
Nothing contained in sections 755.41, 755.42, or 755.43 of | 5765 |
the Revised Code shall be construed as limiting any of the home | 5766 |
rule powers conferred upon municipalities by Article XVIII of the | 5767 |
Constitution of the State of Ohio. | 5768 |
Sec. 759.47. Land belonging to a public cemetery and used | 5769 |
for an approach thereto, and which is, in the judgment of a | 5770 |
majority of the officers having control or management thereof, | 5771 |
unnecessary for cemetery purposes, may be sold by them at public | 5772 |
sale to the highest bidder after advertisement as provided in | 5773 |
section 7.16 of the Revised Code or once a week for five | 5774 |
consecutive weeks in a newspaper of general circulation within the | 5775 |
county in which the cemetery is situated. The board of township | 5776 |
trustees or board of cemetery trustees of a municipal corporation | 5777 |
making such sale shall execute in the name of the township or | 5778 |
municipal corporation owning such cemetery proper conveyances for | 5779 |
the land so sold. | 5780 |
Sec. 951.11. A person finding an animal at large in | 5781 |
violation of section 951.01 or 951.02 of the Revised Code, may, | 5782 |
and a law enforcement officer of a county, township, city, or | 5783 |
village, on view or information, shall, take and confine such | 5784 |
animal, forthwith giving notice thereof to the owner or keeper, if | 5785 |
known, and, if not known, by publishing a notice describing such | 5786 |
animal | 5787 |
county, township, city, or village wherein the animal was found. | 5788 |
If the owner or keeper does not appear and claim the animal and | 5789 |
pay the compensation prescribed in section 951.13 of the Revised | 5790 |
Code for so taking, advertising, and keeping it within ten days | 5791 |
from the date of such notice, such person or the county shall have | 5792 |
a lien therefor and the animal may be sold at public auction as | 5793 |
provided in section 1311.49 of the Revised Code, and the residue | 5794 |
of the proceeds of sale shall be paid and deposited by the | 5795 |
treasurer in the general fund of the county. | 5796 |
Sec. 1515.08. The supervisors of a soil and water | 5797 |
conservation district have the following powers in addition to | 5798 |
their other powers: | 5799 |
(A) To conduct surveys, investigations, and research relating | 5800 |
to the character of soil erosion, floodwater and sediment damages, | 5801 |
and the preventive and control measures and works of improvement | 5802 |
for flood prevention and the conservation, development, | 5803 |
utilization, and disposal of water needed within the district, and | 5804 |
to publish the results of those surveys, investigations, or | 5805 |
research, provided that no district shall initiate any research | 5806 |
program except in cooperation or after consultation with the Ohio | 5807 |
agricultural research and development center; | 5808 |
(B) To develop plans for the conservation of soil resources, | 5809 |
for the control and prevention of soil erosion, and for works of | 5810 |
improvement for flood prevention and the conservation, | 5811 |
development, utilization, and disposal of water within the | 5812 |
district, and to publish those plans and information; | 5813 |
(C) To implement, construct, repair, maintain, and operate | 5814 |
preventive and control measures and other works of improvement for | 5815 |
natural resource conservation and development and flood | 5816 |
prevention, and the conservation, development, utilization, and | 5817 |
disposal of water within the district on lands owned or controlled | 5818 |
by this state or any of its agencies and on any other lands within | 5819 |
the district, which works may include any facilities authorized | 5820 |
under state or federal programs, and to acquire, by purchase or | 5821 |
gift, to hold, encumber, or dispose of, and to lease real and | 5822 |
personal property or interests in such property for those | 5823 |
purposes; | 5824 |
(D) To cooperate or enter into agreements with any occupier | 5825 |
of lands within the district in the carrying on of natural | 5826 |
resource conservation operations and works of improvement for | 5827 |
flood prevention and the conservation, development, utilization, | 5828 |
and management of natural resources within the district, subject | 5829 |
to such conditions as the supervisors consider necessary; | 5830 |
(E) To accept donations, gifts, grants, and contributions in | 5831 |
money, service, materials, or otherwise, and to use or expend them | 5832 |
according to their terms; | 5833 |
(F) To adopt, amend, and rescind rules to carry into effect | 5834 |
the purposes and powers of the district; | 5835 |
(G) To sue and plead in the name of the district, and be sued | 5836 |
and impleaded in the name of the district, with respect to its | 5837 |
contracts and, as indicated in section 1515.081 of the Revised | 5838 |
Code, certain torts of its officers, employees, or agents acting | 5839 |
within the scope of their employment or official responsibilities, | 5840 |
or with respect to the enforcement of its obligations and | 5841 |
covenants made under this chapter; | 5842 |
(H) To make and enter into all contracts, leases, and | 5843 |
agreements and execute all instruments necessary or incidental to | 5844 |
the performance of the duties and the execution of the powers of | 5845 |
the district under this chapter, provided that all of the | 5846 |
following apply: | 5847 |
(1) Except as provided in section 307.86 of the Revised Code | 5848 |
regarding expenditures by boards of county commissioners, when the | 5849 |
cost under any such contract, lease, or agreement, other than | 5850 |
compensation for personal services or rental of office space, | 5851 |
involves an expenditure of more than the amount established in | 5852 |
that section regarding expenditures by boards of county | 5853 |
commissioners, the supervisors shall make a written contract with | 5854 |
the lowest and best bidder after advertisement, for not less than | 5855 |
two nor more than four consecutive weeks preceding the day of the | 5856 |
opening of bids, in a newspaper of general circulation within the | 5857 |
district or as provided in section 7.16 of the Revised Code and in | 5858 |
such other publications as the supervisors determine. The notice | 5859 |
shall state the general character of the work and materials to be | 5860 |
furnished, the place where plans and specifications may be | 5861 |
examined, and the time and place of receiving bids. | 5862 |
(2) Each bid for a contract shall contain the full name of | 5863 |
every person interested in it. | 5864 |
(3) Each bid for a contract for the construction, demolition, | 5865 |
alteration, repair, or reconstruction of an improvement shall meet | 5866 |
the requirements of section 153.54 of the Revised Code. | 5867 |
(4) Each bid for a contract, other than a contract for the | 5868 |
construction, demolition, alteration, repair, or reconstruction of | 5869 |
an improvement, at the discretion of the supervisors, may be | 5870 |
accompanied by a bond or certified check on a solvent bank in an | 5871 |
amount not to exceed five per cent of the bid, conditioned that, | 5872 |
if the bid is accepted, a contract shall be entered into. | 5873 |
(5) The supervisors may reject any and all bids. | 5874 |
(I) To make agreements with the department of natural | 5875 |
resources giving it control over lands of the district for the | 5876 |
purpose of construction of improvements by the department under | 5877 |
section 1501.011 of the Revised Code; | 5878 |
(J) To charge, alter, and collect rentals and other charges | 5879 |
for the use or services of any works of the district; | 5880 |
(K) To enter, either in person or by designated | 5881 |
representatives, upon lands, private or public, in the necessary | 5882 |
discharge of their duties; | 5883 |
(L) To enter into agreements or contracts with the department | 5884 |
for the determination, implementation, inspection, and funding of | 5885 |
agricultural pollution abatement and urban sediment pollution | 5886 |
abatement measures whereby landowners, operators, managers, and | 5887 |
developers may meet adopted state standards for a quality | 5888 |
environment, except that failure of a district board of | 5889 |
supervisors to negotiate an agreement or contract with the | 5890 |
department shall authorize the division of soil and water | 5891 |
resources to implement the required program; | 5892 |
(M) To conduct demonstrations and provide information to the | 5893 |
public regarding practices and methods for natural resource | 5894 |
conservation, development, and utilization; | 5895 |
(N) To enter into contracts or agreements with the chief of | 5896 |
the division of soil and water resources to implement and | 5897 |
administer a program for urban sediment pollution abatement and to | 5898 |
receive and expend moneys provided by the chief for that purpose; | 5899 |
(O) To develop operation and management plans, as defined in | 5900 |
section 1511.01 of the Revised Code, as necessary; | 5901 |
(P) To determine whether operation and management plans | 5902 |
developed under division (A) of section 1511.021 of the Revised | 5903 |
Code comply with the standards established under division (E)(1) | 5904 |
of section 1511.02 of the Revised Code and to approve or | 5905 |
disapprove the plans, based on such compliance. If an operation | 5906 |
and management plan is disapproved, the board shall provide a | 5907 |
written explanation to the person who submitted the plan. The | 5908 |
person may appeal the plan disapproval to the chief, who shall | 5909 |
afford the person a hearing. Following the hearing, the chief | 5910 |
shall uphold the plan disapproval or reverse it. If the chief | 5911 |
reverses the plan disapproval, the plan shall be deemed approved | 5912 |
under this division. In the event that any person operating or | 5913 |
owning agricultural land or a concentrated animal feeding | 5914 |
operation in accordance with an approved operation and management | 5915 |
plan who, in good faith, is following that plan, causes | 5916 |
agricultural pollution, the plan shall be revised in a fashion | 5917 |
necessary to mitigate the agricultural pollution, as determined | 5918 |
and approved by the board of supervisors of the soil and water | 5919 |
conservation district. | 5920 |
(Q) With regard to composting conducted in conjunction with | 5921 |
agricultural operations, to do all of the following: | 5922 |
(1) Upon request or upon their own initiative, inspect | 5923 |
composting at any such operation to determine whether the | 5924 |
composting is being conducted in accordance with section 1511.022 | 5925 |
of the Revised Code; | 5926 |
(2) If the board determines that composting is not being so | 5927 |
conducted, request the chief to issue an order under division (G) | 5928 |
of section 1511.02 of the Revised Code requiring the person who is | 5929 |
conducting the composting to prepare a composting plan in | 5930 |
accordance with rules adopted under division (E)(8)(c) of that | 5931 |
section and to operate in accordance with that plan or to operate | 5932 |
in accordance with a previously prepared plan, as applicable; | 5933 |
(3) In accordance with rules adopted under division (E)(8)(c) | 5934 |
of section 1511.02 of the Revised Code, review and approve or | 5935 |
disapprove any such composting plan. If a plan is disapproved, the | 5936 |
board shall provide a written explanation to the person who | 5937 |
submitted the plan. | 5938 |
As used in division (Q) of this section, "composting" has the | 5939 |
same meaning as in section 1511.01 of the Revised Code. | 5940 |
(R) With regard to conservation activities that are conducted | 5941 |
in conjunction with agricultural operations, to assist the county | 5942 |
auditor, upon request, in determining whether a conservation | 5943 |
activity is a conservation practice for purposes of Chapter 929. | 5944 |
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code. | 5945 |
As used in this division, "conservation practice" has the | 5946 |
same meaning as in section 5713.30 of the Revised Code. | 5947 |
(S) To do all acts necessary or proper to carry out the | 5948 |
powers granted in this chapter. | 5949 |
The director of natural resources shall make recommendations | 5950 |
to reduce the adverse environmental effects of each project that a | 5951 |
soil and water conservation district plans to undertake under | 5952 |
division (A), (B), (C), or (D) of this section and that will be | 5953 |
funded in whole or in part by moneys authorized under section | 5954 |
1515.16 of the Revised Code and shall disapprove any such project | 5955 |
that the director finds will adversely affect the environment | 5956 |
without equal or greater benefit to the public. The director's | 5957 |
disapproval or recommendations, upon the request of the district | 5958 |
filed in accordance with rules adopted by the Ohio soil and water | 5959 |
conservation commission, shall be reviewed by the commission, | 5960 |
which may confirm the director's decision, modify it, or add | 5961 |
recommendations to or approve a project the director has | 5962 |
disapproved. | 5963 |
Any instrument by which real property is acquired pursuant to | 5964 |
this section shall identify the agency of the state that has the | 5965 |
use and benefit of the real property as specified in section | 5966 |
5301.012 of the Revised Code. | 5967 |
Sec. 1515.24. (A) Following receipt of a certification made | 5968 |
by the supervisors of a soil and water conservation district | 5969 |
pursuant to section 1515.19 of the Revised Code together with | 5970 |
receipt of all plans, specifications, and estimates submitted | 5971 |
under that section and upon completion of a schedule of estimated | 5972 |
assessments in accordance with section 1515.211 of the Revised | 5973 |
Code, the board of county commissioners may adopt a resolution | 5974 |
levying upon the property within the project area an assessment at | 5975 |
a uniform or varied rate based upon the benefit to the area | 5976 |
certified by the supervisors, as necessary to pay the cost of | 5977 |
construction of the improvement not otherwise funded and to repay | 5978 |
advances made for purposes of the improvement from the fund | 5979 |
created by section 1515.15 of the Revised Code. The board of | 5980 |
county commissioners shall direct the person or authority | 5981 |
preparing assessments to give primary consideration, in | 5982 |
determining a parcel's estimated assessments relating to the | 5983 |
disposal of water, to the potential increase in productivity that | 5984 |
the parcel may experience as a result of the improvement and also | 5985 |
to give consideration to the amount of water disposed of, the | 5986 |
location of the property relative to the project, the value of the | 5987 |
project to the watershed, and benefits. The part of the assessment | 5988 |
that is found to benefit state, county, or township roads or | 5989 |
highways or municipal streets shall be assessed against the state, | 5990 |
county, township, or municipal corporation, respectively, payable | 5991 |
from motor vehicle revenues. The part of the assessment that is | 5992 |
found to benefit property owned by any public corporation, any | 5993 |
political subdivision of the state, or the state shall be assessed | 5994 |
against the public corporation, the political subdivision, or the | 5995 |
state and shall be paid out of the general funds or motor vehicle | 5996 |
revenues of the public corporation, the political subdivision of | 5997 |
the state, or the state, except as otherwise provided by law. | 5998 |
(B) The assessment shall be certified to the county auditor | 5999 |
and by the county auditor to the county treasurer. The collection | 6000 |
of the assessment shall conform in all matters to Chapter 323. of | 6001 |
the Revised Code. | 6002 |
(C) Any land owned and managed by the department of natural | 6003 |
resources for wildlife, recreation, nature preserve, or forestry | 6004 |
purposes is exempt from assessments if the director of natural | 6005 |
resources determines that the land derives no benefit from the | 6006 |
improvement. In making such a determination, the director shall | 6007 |
consider the purposes for which the land is owned and managed and | 6008 |
any relevant articles of dedication or existing management plans | 6009 |
for the land. If the director determines that the land derives no | 6010 |
benefit from the improvement, the director shall notify the board | 6011 |
of county commissioners, within thirty days after receiving the | 6012 |
assessment notification required by this section, indicating that | 6013 |
the director has determined that the land is to be exempt and | 6014 |
explaining the specific reason for making this determination. The | 6015 |
board of county commissioners, within thirty days after receiving | 6016 |
the director's exemption notification, may appeal the | 6017 |
determination to the court of common pleas. If the court of common | 6018 |
pleas finds in favor of the board of county commissioners, the | 6019 |
department of natural resources shall pay all court costs and | 6020 |
legal fees. | 6021 |
(D)(1) The board shall give notice by first class mail to | 6022 |
every public and private property owner whose property is subject | 6023 |
to assessment, at the tax mailing or other known address of the | 6024 |
owner. The notice shall contain a statement of the amount to be | 6025 |
assessed against the property of the addressee, a description of | 6026 |
the method used to determine the necessity for and the amount of | 6027 |
the proposed assessment, a description of any easement on the | 6028 |
property that is necessary for purposes of the improvement, and a | 6029 |
statement that the addressee may file an objection in writing at | 6030 |
the office of the board of county commissioners within thirty days | 6031 |
after the mailing of notice. If the residence of any owner cannot | 6032 |
be ascertained, or if any mailed notice is returned undelivered, | 6033 |
the board shall publish the notice to all such owners in a | 6034 |
newspaper of general circulation within the project area, | 6035 |
once each week for three weeks | 6036 |
7.16 of the Revised Code. The notice shall include the information | 6037 |
contained in the mailed notice, but shall state that the owner may | 6038 |
file an objection in writing at the office of the board of county | 6039 |
commissioners within thirty days after the last publication of the | 6040 |
notice. | 6041 |
(2) Upon receipt of objections as provided in this section, | 6042 |
the board shall proceed within thirty days to hold a final hearing | 6043 |
on the objections by fixing a date and giving notice by first | 6044 |
class mail to the objectors at the address provided in filing the | 6045 |
objection. If any mailed notice is returned undelivered, the board | 6046 |
shall give due notice to the objectors in a newspaper of general | 6047 |
circulation in the project area or as provided in section 7.16 of | 6048 |
the Revised Code, stating the time, place, and purpose of the | 6049 |
hearing. Upon hearing the objectors, the board may adopt a | 6050 |
resolution amending and approving the final schedule of | 6051 |
assessments and shall enter it in the journal. | 6052 |
(3) Any owner whose objection is not allowed may appeal | 6053 |
within thirty days to the court of common pleas of the county in | 6054 |
which the property is located. | 6055 |
(4) The board of county commissioners shall make an order | 6056 |
approving the levying of the assessment and shall proceed under | 6057 |
section 6131.23 of the Revised Code after one of the following has | 6058 |
occurred, as applicable: | 6059 |
(a) Final notice is provided by mail or publication. | 6060 |
(b) The imposition of assessments is upheld in the final | 6061 |
disposition of an appeal that is filed pursuant to division (D)(3) | 6062 |
of this section. | 6063 |
(c) The resolution levying the assessments is approved in a | 6064 |
referendum that is held pursuant to section 305.31 of the Revised | 6065 |
Code. | 6066 |
(5) The county treasurer shall deposit the proceeds of the | 6067 |
assessment in the fund designated by the board and shall report to | 6068 |
the county auditor the amount of money from the assessment that is | 6069 |
collected by the treasurer. Moneys shall be expended from the fund | 6070 |
for purposes of the improvement. | 6071 |
(E) Any moneys collected in excess of the amount needed for | 6072 |
construction of the improvement and the subsequent first year's | 6073 |
maintenance may be maintained in a fund to be used for maintenance | 6074 |
of the improvement. In any year subsequent to a year in which an | 6075 |
assessment for construction of an improvement levied under this | 6076 |
section has been collected, and upon determination by the board of | 6077 |
county commissioners that funds are not otherwise available for | 6078 |
maintenance or repair of the improvement, the board shall levy on | 6079 |
the property within the project area an assessment for maintenance | 6080 |
at a uniform percentage of all construction costs based upon the | 6081 |
assessment schedule used in determining the construction | 6082 |
assessment. The assessment is not subject to the provisions | 6083 |
concerning notice and petition contained in this section. An | 6084 |
assessment for maintenance shall not be levied in any year in | 6085 |
which the unencumbered balance of funds available for maintenance | 6086 |
of the improvement exceeds twenty per cent of the cost of | 6087 |
construction of the improvement, except that the board may adjust | 6088 |
the level of assessment within the twenty per cent limitation, or | 6089 |
suspend temporarily the levying of an assessment, for maintenance | 6090 |
purposes as maintenance funds are needed. | 6091 |
For the purpose of levying an assessment for maintenance of | 6092 |
an improvement, a board may use the procedures established in | 6093 |
Chapter 6137. of the Revised Code regarding maintenance of | 6094 |
improvements as defined in section 6131.01 of the Revised Code in | 6095 |
lieu of using the procedures established under this section. | 6096 |
(F) The board of county commissioners may issue bonds and | 6097 |
notes as authorized by section 131.23 or 133.17 of the Revised | 6098 |
Code. | 6099 |
Sec. 1545.09. (A) The board of park commissioners shall adopt | 6100 |
such bylaws and rules as the board considers advisable for the | 6101 |
preservation of good order within and adjacent to parks and | 6102 |
reservations of land, and for the protection and preservation of | 6103 |
the parks, parkways, and other reservations of land under its | 6104 |
jurisdiction and control and of property and natural life therein. | 6105 |
The board shall also adopt bylaws or rules establishing a | 6106 |
procedure for contracting for professional, technical, consulting, | 6107 |
and other special services. Any competitive bidding procedures of | 6108 |
the board do not apply to the purchase of benefits for park | 6109 |
district officers or employees when such benefits are provided | 6110 |
through a health and welfare trust fund administered through or in | 6111 |
conjunction with a collective bargaining representative of the | 6112 |
park district employees, as authorized in section 1545.071 of the | 6113 |
Revised Code. | 6114 |
published as provided in the case of ordinances of municipal | 6115 |
corporations under section 731.21 of the Revised Code before | 6116 |
taking effect. | 6117 |
(B)(1) As used in division (B)(2) of this section, "similar | 6118 |
violation under state law" means a violation of any section of the | 6119 |
Revised Code, other than division (C) of this section, that is | 6120 |
similar to a violation of a bylaw or rule adopted under division | 6121 |
(A) of this section. | 6122 |
(2) The board of park commissioners may adopt by bylaw a | 6123 |
penalty for a violation of any bylaw or rule adopted under | 6124 |
division (A) of this section, and any penalty so adopted shall not | 6125 |
exceed in severity whichever of the following is applicable: | 6126 |
(a) The penalty designated under the Revised Code for a | 6127 |
violation of the state law that is similar to the bylaw or rule | 6128 |
for which the board adopted the penalty; | 6129 |
(b) For a violation of a bylaw or rule adopted under division | 6130 |
(A) of this section for which the similar violation under state | 6131 |
law does not bear a penalty or for which there is no similar | 6132 |
violation under state law, a fine of not more than one hundred | 6133 |
fifty dollars for a first offense and not more than one thousand | 6134 |
dollars for each subsequent offense. | 6135 |
(3) | 6136 |
of this section shall be published as provided in the case of | 6137 |
ordinances of municipal corporations under section 731.21 of the | 6138 |
Revised Code before taking effect. | 6139 |
(C) No person shall violate any bylaws or rules adopted under | 6140 |
division (A) of this section. All fines collected for any | 6141 |
violation of this section shall be paid into the treasury of such | 6142 |
park board. | 6143 |
Sec. 1545.12. (A) Except as provided in division (B) of this | 6144 |
section, if the board of park commissioners finds that any lands | 6145 |
that it has acquired are not necessary for the purposes for which | 6146 |
they were acquired by the board, it may sell and dispose of the | 6147 |
lands upon terms the board considers advisable. The board also may | 6148 |
lease or permit the use of any lands for purposes not inconsistent | 6149 |
with the purposes for which the lands were acquired, and upon | 6150 |
terms the board considers advisable. No lands shall be sold | 6151 |
pursuant to this division without first giving notice of the | 6152 |
board's intention to sell the lands by publication once a week for | 6153 |
four consecutive weeks in | 6154 |
newspaper of general circulation in the district or as provided in | 6155 |
section 7.16 of the Revised Code. The notice shall contain an | 6156 |
accurate description of the lands and shall state the time and | 6157 |
place at which sealed bids will be received for the purchase of | 6158 |
the lands, and the lands shall not thereafter be sold at private | 6159 |
sale for less than the best and highest bid received without | 6160 |
giving further notice as specified in this division. | 6161 |
(B)(1) After compliance with division (B)(2) of this section, | 6162 |
the board of park commissioners may sell land upon terms the board | 6163 |
considers advisable to any park district established under section | 6164 |
511.18 or Chapter 1545. of the Revised Code, any political | 6165 |
subdivision of the state, the state or any department or agency of | 6166 |
the state, or any department or agency of the federal government | 6167 |
for conservation uses or for park or recreation purposes without | 6168 |
the necessity of having to comply with division (A) of this | 6169 |
section. | 6170 |
(2) Before the board of park commissioners may sell land | 6171 |
under division (B)(1) of this section, the board shall offer the | 6172 |
land for sale to each of the following public agencies that is | 6173 |
authorized to acquire, develop, and maintain land for conservation | 6174 |
uses or for park or recreation purposes: each park district | 6175 |
established under section 511.18 or Chapter 1545. of the Revised | 6176 |
Code or political subdivision in which the land is located, each | 6177 |
park district that is so established and that adjoins or each | 6178 |
political subdivision that adjoins a park district so established | 6179 |
or political subdivision in which the land is located, and each | 6180 |
agency or department of the state or of the federal government | 6181 |
that operates parks or conservation or recreation areas near the | 6182 |
land. The board shall make the offer by giving a written notice | 6183 |
that the land is available for sale, by first class mail, to these | 6184 |
public agencies. A failure of delivery of the written notice to | 6185 |
any of these public agencies does not invalidate any proceedings | 6186 |
for the sale of land under this division. Any public agency that | 6187 |
is so notified and that wishes to purchase the land shall make an | 6188 |
offer to the board in writing not later than sixty days after | 6189 |
receiving the written notice. | 6190 |
If there is only one offer to purchase the land made in that | 6191 |
sixty-day period, the board need not hold a public hearing on the | 6192 |
offer. The board shall accept the offer only if it determines that | 6193 |
acceptance of the offer will result in the best public use of the | 6194 |
land. | 6195 |
If there is more than one offer to purchase the land made in | 6196 |
that sixty-day period, the board shall not accept any offer until | 6197 |
the board holds a public hearing on the offers. If, after the | 6198 |
hearing, the board decides to accept an offer, it shall accept the | 6199 |
offer that it determines will result in the best public use of the | 6200 |
land. | 6201 |
(C) No lands shall be sold under this section at either | 6202 |
public or private sale without the approval of the probate court | 6203 |
of the county in which the lands are situated. | 6204 |
Sec. 1547.302. (A) Unclaimed vessels or outboard motors | 6205 |
ordered into storage under division (B) of section 1547.30 or | 6206 |
section 1547.301 of the Revised Code shall be disposed of at the | 6207 |
order of the sheriff of the county, the chief of police of the | 6208 |
municipal corporation, township, or township police district, or | 6209 |
another chief of a law enforcement agency in any of the following | 6210 |
ways: | 6211 |
(1) To a marine salvage dealer; | 6212 |
(2) To any other facility owned, operated, or under contract | 6213 |
with the state or the county, municipal corporation, township, or | 6214 |
other political subdivision; | 6215 |
(3) To a charitable organization, religious organization, or | 6216 |
similar organization not used and operated for profit; | 6217 |
(4) By sale at public auction by the sheriff, the chief, or | 6218 |
an auctioneer licensed under Chapter 4707. of the Revised Code, | 6219 |
after giving notice of the auction by advertisement, published | 6220 |
once a week for two consecutive weeks in a newspaper of general | 6221 |
circulation in the county or as provided in section 7.16 of the | 6222 |
Revised Code. | 6223 |
(B) Any moneys accruing from the disposition of an unclaimed | 6224 |
vessel or motor that are in excess of the expenses resulting from | 6225 |
the removal and storage of the vessel or motor shall be credited | 6226 |
to the general revenue fund or to the general fund of the county, | 6227 |
municipal corporation, township, or other political subdivision, | 6228 |
as appropriate. | 6229 |
(C) As used in this section, "charitable organization" has | 6230 |
the same meaning as in section 1716.01 of the Revised Code. | 6231 |
Sec. 1711.05. Every county agricultural society annually | 6232 |
shall publish an abstract of its treasurer's account in a | 6233 |
newspaper of general circulation in the county and make a report | 6234 |
of its proceedings during the year. It shall also make, in | 6235 |
accordance with the rules of the department of agriculture, a | 6236 |
synopsis of its awards for improvement in agriculture and in | 6237 |
household manufactures and forward such synopsis to the director | 6238 |
of agriculture at or before the annual meeting of the directors of | 6239 |
the society with the director of agriculture, as provided for in | 6240 |
section 901.06 of the Revised Code. No payment after such date | 6241 |
shall be made from the county treasury to such society unless a | 6242 |
certificate from the director is presented to the county auditor | 6243 |
showing that such reports have been made. | 6244 |
Sec. 1711.07. The board of directors of a county or | 6245 |
independent agricultural society shall consist of at least eight | 6246 |
members. An employee of the Ohio state university extension | 6247 |
service and the county school superintendent shall be members ex | 6248 |
officio. Their terms of office shall be determined by the rules of | 6249 |
the department of agriculture. Any vacancy in the board caused by | 6250 |
death, resignation, refusal to qualify, removal from county, or | 6251 |
other cause may be filled by the board until the society's next | 6252 |
annual election, when a director shall be elected for the | 6253 |
unexpired term. There shall be an annual election of directors by | 6254 |
ballot at a time and a place fixed by the board, but this election | 6255 |
shall not be held later than the first Saturday in December 1994, | 6256 |
and not later than the fifteenth day of November each year | 6257 |
thereafter, beginning in 1995. The secretary of the society shall | 6258 |
give notice of such election, for three weeks prior to the holding | 6259 |
thereof, in | 6260 |
6261 | |
in section 7.16 of the Revised Code, or by letter mailed to each | 6262 |
member of the society. Only persons holding membership | 6263 |
certificates at the close of the annual county fair, or at least | 6264 |
fifteen calendar days before the date of election, as may be fixed | 6265 |
by the board, may vote, unless such election is held on the | 6266 |
fairground during the fair, in which case all persons holding | 6267 |
membership certificates on the date and hour of the election may | 6268 |
vote. When the election is to be held during the fair, notice of | 6269 |
such election must be prominently mentioned in the premium list, | 6270 |
in addition to the notice required in | 6271 |
terms of office of the retiring directors shall expire, and those | 6272 |
of the directors-elect shall begin, not later than the first | 6273 |
Saturday in January 1995, and not later than the thirtieth day of | 6274 |
November each year thereafter, beginning in 1995. | 6275 |
The secretary of such society shall send the name and address | 6276 |
of each member of its board to the director of agriculture within | 6277 |
ten days after the election. | 6278 |
Sec. 1711.18. In a county in which there is a county | 6279 |
agricultural society indebted fifteen thousand dollars or more, | 6280 |
and such society has purchased a fairground or title to such | 6281 |
fairground is vested in fee in the county, the board of county | 6282 |
commissioners, upon the presentation of a petition signed by not | 6283 |
less than five hundred resident electors of the county praying for | 6284 |
the submission to the electors of the county of the question | 6285 |
whether or not county bonds shall be issued and sold to liquidate | 6286 |
such indebtedness, shall, by resolution within ten days | 6287 |
thereafter, fix a date, which shall be within thirty days, upon | 6288 |
which the question of issuing and selling such bonds, in the | 6289 |
necessary amount and denomination, shall be submitted to the | 6290 |
electors of the county. The board also shall cause a copy of such | 6291 |
resolution to be certified to the county board of elections and | 6292 |
such board of elections, within ten days after such certification, | 6293 |
shall proceed to make the necessary arrangements for the | 6294 |
submission of such question to such electors at the time fixed by | 6295 |
such resolution. | 6296 |
Such election shall be held at the regular places of voting | 6297 |
in the county and shall be conducted, canvassed, and certified, | 6298 |
except as otherwise provided by law, as are elections of county | 6299 |
officers. The county board of elections must give fifteen days' | 6300 |
notice of such submission by publication in | 6301 |
6302 | |
week for two consecutive weeks or as provided in section 7.16 of | 6303 |
the Revised Code, stating the amount of bonds to be issued, the | 6304 |
purpose for which they are to be issued, and the time and places | 6305 |
of holding such election. Those who vote in favor of the | 6306 |
proposition shall have written or printed on their ballots "for | 6307 |
the issue of bonds" and those who vote against it shall have | 6308 |
written or printed on their ballots "against the issue of bonds." | 6309 |
If a majority of those voting upon the question of issuing the | 6310 |
bonds vote in favor thereof, then and only then shall they be | 6311 |
issued and the tax provided for in section 1711.20 of the Revised | 6312 |
Code be levied. | 6313 |
Sec. 1711.30. Before issuing bonds under section 1711.28 of | 6314 |
the Revised Code, the board of county commissioners, by | 6315 |
resolution, shall submit to the qualified electors of the county | 6316 |
at the next general election for county officers, held not less | 6317 |
than thirty days after receiving from the county agricultural | 6318 |
society the notice provided for in section 1711.25 of the Revised | 6319 |
Code, the question of issuing and selling such bonds in such | 6320 |
amount and denomination as are necessary for the purpose in view, | 6321 |
and shall certify a copy of such resolution to the county board of | 6322 |
elections. | 6323 |
The county board of elections shall place the question of | 6324 |
issuing and selling such bonds upon the ballot and make all other | 6325 |
necessary arrangements for the submission, at the time fixed by | 6326 |
such resolution, of such question to such electors. The votes cast | 6327 |
at such election upon such question must be counted, canvassed, | 6328 |
and certified in the same manner, except as provided by law, as | 6329 |
votes cast for county officers. Fifteen days' notice of such | 6330 |
submission shall be given by the county board of elections, by | 6331 |
publication once a week for two consecutive weeks in | 6332 |
6333 | |
county or as provided in section 7.16 of the Revised Code, stating | 6334 |
the amount of bonds to be issued, the purpose for which they are | 6335 |
to be issued, and the time and places of holding such election. | 6336 |
Such question must be stated on the ballot as follows: "For the | 6337 |
issue of county fair bonds, yes"; "For the issue of county fair | 6338 |
bonds, no." If the majority of those voting upon the question of | 6339 |
issuing the bonds vote in favor thereof, then and only then shall | 6340 |
they be issued and the tax provided for in section 1711.29 of the | 6341 |
Revised Code be levied. | 6342 |
Sec. 1728.06. Every community urban redevelopment | 6343 |
corporation qualifying under this chapter, before proceeding with | 6344 |
any project authorized in this chapter, shall make written | 6345 |
application to the municipal corporation for approval thereof. The | 6346 |
application shall be in such form and shall certify to such facts | 6347 |
and data as shall be required by the municipal corporation, and | 6348 |
may include but not be limited to: | 6349 |
(A) A general statement of the nature of the proposed | 6350 |
project, that the undertaking conforms to all applicable municipal | 6351 |
ordinances, that its completion will meet an existing need, and | 6352 |
that the project accords with the master plan or official map, if | 6353 |
any, of the municipal corporation; | 6354 |
(B) A description of the proposed project outlining the area | 6355 |
included and a description of each unit thereof if the project is | 6356 |
to be undertaken in units and setting out such architectural and | 6357 |
site plans as may be required; | 6358 |
(C) A statement of the estimated cost of the proposed project | 6359 |
in such detail as may be required, including the estimated cost of | 6360 |
each unit if it is to be so undertaken; | 6361 |
(D) The source, method, and amount of money to be subscribed | 6362 |
through the investment of private capital, setting forth the | 6363 |
amount of stock or other securities to be issued therefor; | 6364 |
(E) A fiscal plan for the project outlining a schedule of | 6365 |
rents, the estimated expenditures for operation and maintenance, | 6366 |
payments for interest, amortization of debt and reserves, and | 6367 |
payments to the municipal corporation to be made pursuant to a | 6368 |
financial agreement to be entered into with the municipal | 6369 |
corporation; | 6370 |
(F) A relocation plan providing for the relocation of | 6371 |
persons, including families, business concerns, and others, | 6372 |
displaced by the project, which relocation plan shall include, but | 6373 |
not be limited to, the proposed method for the relocation of | 6374 |
residents who will be displaced from their dwelling accommodations | 6375 |
in decent, safe, and sanitary dwelling accommodations within their | 6376 |
means, or with provision for adjustment payments to bring such | 6377 |
accommodations within their means, and without undue hardship, and | 6378 |
reasonable moving costs; | 6379 |
(G) The names and tax mailing addresses, as determined from | 6380 |
the records of the county auditor not more than five days prior to | 6381 |
the submission of the application to the mayor of the municipal | 6382 |
corporation, of the owners of all property which the corporation | 6383 |
proposes in its application to acquire. | 6384 |
Such application shall be addressed and submitted to the | 6385 |
mayor of the municipal corporation, who shall, within sixty days | 6386 |
after receipt thereof, submit it with | 6387 |
recommendations to the governing body. The application shall be a | 6388 |
matter of public record upon receipt by the mayor. | 6389 |
The governing body shall by notice published once a week for | 6390 |
two consecutive weeks in a newspaper of general circulation in the | 6391 |
municipal corporation or as provided in section 7.16 of the | 6392 |
Revised Code, by written notice, by certified mail or personal | 6393 |
service, to the owners of property which the corporation proposes | 6394 |
in its application to purchase at the tax mailing address as set | 6395 |
forth in the corporation's application, by the putting up of signs | 6396 |
in at least five places within the area covered by the | 6397 |
application, and by giving written notice, by certified mail or | 6398 |
personal service, to community organizations known by the clerk of | 6399 |
the governing body to represent a substantial number of the | 6400 |
residents of the area covered by the application, advise that the | 6401 |
application is on file in the office of the clerk of the governing | 6402 |
body of the municipal corporation and is available for inspection | 6403 |
by the general public during business hours and advise that a | 6404 |
public hearing shall be held thereon, stating the place and time | 6405 |
of the public hearing, which time shall be not less than fourteen | 6406 |
days after the first publication, or after sending the mailed | 6407 |
notice, or after the putting up of the signs, whichever is later. | 6408 |
Following the public hearing and after complying with section | 6409 |
5709.83 of the Revised Code, the governing body, taking into | 6410 |
consideration the financial impact on the community, shall by | 6411 |
resolution approve or disapprove the application, approval to be | 6412 |
by an affirmative vote of not less than three-fifths of the | 6413 |
governing body, but in the event of disapproval, changes may be | 6414 |
suggested to secure its approval. | 6415 |
An application may be revised or resubmitted in the same | 6416 |
manner and subject to the same procedures as an original | 6417 |
application. The clerk of the governing body shall diligently | 6418 |
discharge the duties imposed on the clerk by this division, | 6419 |
provided failure of the clerk to send written notices to all | 6420 |
community organizations, in a good faith effort by the clerk to | 6421 |
give the required notice, shall not invalidate any proceedings | 6422 |
under this chapter. The failure of delivery of notice given by | 6423 |
certified mail under this division shall not invalidate any | 6424 |
proceedings under this chapter. | 6425 |
Sec. 2105.09. (A) The county auditor, unless | 6426 |
acts pursuant to division (C) of this section, shall take | 6427 |
possession of real property escheated to the state that is located | 6428 |
in | 6429 |
city. The auditor shall take possession in the name of the state | 6430 |
and sell the property at public auction, at the county seat of the | 6431 |
county, to the highest bidder, after having given thirty days' | 6432 |
notice of the intended sale in a newspaper | 6433 |
general circulation in the county or as provided in section 7.16 | 6434 |
of the Revised Code. | 6435 |
On the application of the auditor, the court of common pleas | 6436 |
shall appoint three disinterested freeholders of the county to | 6437 |
appraise the real property. The freeholders shall be governed by | 6438 |
the same rule as appraisers in sheriffs' or administrators' sales. | 6439 |
The auditor shall sell the property at not less than two thirds of | 6440 |
its appraised value and may sell it for cash, or for one-third | 6441 |
cash and the balance in equal annual payments, the deferred | 6442 |
payments to be amply secured. Upon payment of the whole | 6443 |
consideration, the auditor shall execute a deed to the purchaser, | 6444 |
in the name and on behalf of the state. The proceeds of the sale | 6445 |
shall be paid by the auditor to the county treasurer. | 6446 |
If there is a regularly organized agricultural society within | 6447 |
the county, the treasurer shall pay the greater of six hundred | 6448 |
dollars or five per cent of the proceeds, in any case, to the | 6449 |
society. The excess of the proceeds, or the whole thereof if there | 6450 |
is no regularly organized agricultural society within the county, | 6451 |
shall be distributed as follows: | 6452 |
(1) Twenty-five per cent shall be paid equally to the | 6453 |
townships of the county; | 6454 |
(2) Seventy per cent shall be paid into the state treasury to | 6455 |
the credit of the agro Ohio fund created under section 901.04 of | 6456 |
the Revised Code; | 6457 |
(3) Five per cent shall be credited to the county general | 6458 |
fund for such lawful purposes as the board of county commissioners | 6459 |
provides. | 6460 |
(B) The legislative authority of a city within which are | 6461 |
lands escheated to the state, unless it acts pursuant to division | 6462 |
(C) of this section, shall take possession of the lands for the | 6463 |
city, and the title to the lands shall vest in the city. The city | 6464 |
shall use the premises primarily for health, welfare, or | 6465 |
recreational purposes, or may lease them at such prices and for | 6466 |
such purposes as it considers proper. With the approval of the tax | 6467 |
commissioner, the city may sell the lands or any undivided | 6468 |
interest in the lands, in the same manner as is provided in the | 6469 |
sale of land not needed for any municipal purposes; provided, that | 6470 |
the net proceeds from the rent or sale of the premises shall be | 6471 |
devoted to health, welfare, or recreational purposes. | 6472 |
(C) As an alternative to the procedure prescribed in | 6473 |
divisions (A) and (B) of this section, the county auditor, or if | 6474 |
the real property is located within the incorporated area of a | 6475 |
city, the legislative authority of that city by an affirmative | 6476 |
vote of at least a majority of its members, may request the | 6477 |
probate court to direct the administrator or executor of the | 6478 |
estate that contains the escheated property to commence an action | 6479 |
in the probate court for authority to sell the real property in | 6480 |
the manner provided in Chapter 2127. of the Revised Code. The | 6481 |
proceeds from the sale of real property that is located outside | 6482 |
the incorporated area of a city shall be distributed by the court | 6483 |
in the same manner as the proceeds are distributed under division | 6484 |
(A) of this section. The proceeds from the sale of real property | 6485 |
that is located within the incorporated area of a city shall be | 6486 |
distributed by the court in the same manner as the proceeds are | 6487 |
distributed under division (B) of this section. | 6488 |
Sec. 2329.26. (A) Lands and tenements taken in execution | 6489 |
shall not be sold until all of the following occur: | 6490 |
(1)(a) Except as otherwise provided in division (A)(1)(b) of | 6491 |
this section, the judgment creditor who seeks the sale of the | 6492 |
lands and tenements or the judgment creditor's attorney does both | 6493 |
of the following: | 6494 |
(i) Causes a written notice of the date, time, and place of | 6495 |
the sale to be served in accordance with divisions (A) and (B) of | 6496 |
Civil Rule 5 upon the judgment debtor and upon each other party to | 6497 |
the action in which the judgment giving rise to the execution was | 6498 |
rendered; | 6499 |
(ii) At least seven calendar days prior to the date of the | 6500 |
sale, files with the clerk of the court that rendered the judgment | 6501 |
giving rise to the execution a copy of the written notice | 6502 |
described in division (A)(1)(a)(i) of this section with proof of | 6503 |
service endorsed on the copy in the form described in division (D) | 6504 |
of Civil Rule 5. | 6505 |
(b) Service of the written notice described in division | 6506 |
(A)(1)(a)(i) of this section is not required to be made upon any | 6507 |
party who is in default for failure to appear in the action in | 6508 |
which the judgment giving rise to the execution was rendered. | 6509 |
(2) The officer taking the lands and tenements gives public | 6510 |
notice of the date, time, and place of the sale for at least three | 6511 |
weeks before the day of sale by advertisement in a newspaper | 6512 |
6513 | |
newspaper shall meet the requirements of divisions (A)(1) to (5) | 6514 |
of section 7.12 of the Revised Code. Section 2701.09 of the | 6515 |
Revised Code does not apply to publication of such an | 6516 |
advertisement. The court ordering the sale may designate in the | 6517 |
order of sale the newspaper in which this public notice shall be | 6518 |
published | 6519 |
6520 |
(3) The officer taking the lands and tenements shall collect | 6521 |
the purchaser's information required by section 2329.271 of the | 6522 |
Revised Code. | 6523 |
(B) A sale of lands and tenements taken in execution may be | 6524 |
set aside in accordance with division (A) or (B) of section | 6525 |
2329.27 of the Revised Code. | 6526 |
Sec. 3311.21. (A) In addition to the resolutions authorized | 6527 |
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of | 6528 |
the Revised Code, the board of education of a joint vocational or | 6529 |
cooperative education school district by a vote of two-thirds of | 6530 |
its full membership may at any time adopt a resolution declaring | 6531 |
the necessity to levy a tax in excess of the ten-mill limitation | 6532 |
for a period not to exceed ten years to provide funds for any one | 6533 |
or more of the following purposes, which may be stated in the | 6534 |
following manner in such resolution, the ballot, and the notice of | 6535 |
election: purchasing a site or enlargement thereof and for the | 6536 |
erection and equipment of buildings; for the purpose of enlarging, | 6537 |
improving, or rebuilding thereof; for the purpose of providing for | 6538 |
the current expenses of the joint vocational or cooperative school | 6539 |
district; or for a continuing period for the purpose of providing | 6540 |
for the current expenses of the joint vocational or cooperative | 6541 |
education school district. The resolution shall specify the amount | 6542 |
of the proposed rate and, if a renewal, whether the levy is to | 6543 |
renew all, or a portion of, the existing levy, and shall specify | 6544 |
the first year in which the levy will be imposed. If the levy | 6545 |
provides for but is not limited to current expenses, the | 6546 |
resolution shall apportion the annual rate of the levy between | 6547 |
current expenses and the other purpose or purposes. Such | 6548 |
apportionment may but need not be the same for each year of the | 6549 |
levy, but the respective portions of the rate actually levied each | 6550 |
year for current expenses and the other purpose or purposes shall | 6551 |
be limited by such apportionment. The portion of any such rate | 6552 |
actually levied for current expenses of a joint vocational or | 6553 |
cooperative education school district shall be used in applying | 6554 |
division (A)(1) of section 3306.01 and division (A) of section | 6555 |
3317.01 of the Revised Code. The portion of any such rate not | 6556 |
apportioned to the current expenses of a joint vocational or | 6557 |
cooperative education school district shall be used in applying | 6558 |
division (B) of this section. On the adoption of such resolution, | 6559 |
the joint vocational or cooperative education school district | 6560 |
board of education shall certify the resolution to the board of | 6561 |
elections of the county containing the most populous portion of | 6562 |
the district, which board shall receive resolutions for filing and | 6563 |
send them to the boards of elections of each county in which | 6564 |
territory of the district is located, furnish all ballots for the | 6565 |
election as provided in section 3505.071 of the Revised Code, and | 6566 |
prepare the election notice; and the board of elections of each | 6567 |
county in which the territory of such district is located shall | 6568 |
make the other necessary arrangements for the submission of the | 6569 |
question to the electors of the joint vocational or cooperative | 6570 |
education school district at the next primary or general election | 6571 |
occurring not less than seventy-five days after the resolution was | 6572 |
received from the joint vocational or cooperative education school | 6573 |
district board of education, or at a special election to be held | 6574 |
at a time designated by the district board of education consistent | 6575 |
with the requirements of section 3501.01 of the Revised Code, | 6576 |
which date shall not be earlier than seventy-five days after the | 6577 |
adoption and certification of the resolution. | 6578 |
The board of elections of the county or counties in which | 6579 |
territory of the joint vocational or cooperative education school | 6580 |
district is located shall cause to be published in | 6581 |
6582 | |
advertisement of the proposed tax levy question, together with a | 6583 |
statement of the amount of the proposed levy, once a week for two | 6584 |
consecutive weeks or as provided in section 7.16 of the Revised | 6585 |
Code, prior to the election at which the question is to appear on | 6586 |
the ballot | 6587 |
maintains a web site, the board also shall post | 6588 |
advertisement on its web site for thirty days prior to that | 6589 |
election. | 6590 |
If a majority of the electors voting on the question of | 6591 |
levying such tax vote in favor of the levy, the joint vocational | 6592 |
or cooperative education school district board of education shall | 6593 |
annually make the levy within the district at the rate specified | 6594 |
in the resolution and ballot or at any lesser rate, and the county | 6595 |
auditor of each affected county shall annually place the levy on | 6596 |
the tax list and duplicate of each school district in the county | 6597 |
having territory in the joint vocational or cooperative education | 6598 |
school district. The taxes realized from the levy shall be | 6599 |
collected at the same time and in the same manner as other taxes | 6600 |
on the duplicate, and the taxes, when collected, shall be paid to | 6601 |
the treasurer of the joint vocational or cooperative education | 6602 |
school district and deposited to a special fund, which shall be | 6603 |
established by the joint vocational or cooperative education | 6604 |
school district board of education for all revenue derived from | 6605 |
any tax levied pursuant to this section and for the proceeds of | 6606 |
anticipation notes which shall be deposited in such fund. After | 6607 |
the approval of the levy, the joint vocational or cooperative | 6608 |
education school district board of education may anticipate a | 6609 |
fraction of the proceeds of the levy and from time to time, during | 6610 |
the life of the levy, but in any year prior to the time when the | 6611 |
tax collection from the levy so anticipated can be made for that | 6612 |
year, issue anticipation notes in an amount not exceeding fifty | 6613 |
per cent of the estimated proceeds of the levy to be collected in | 6614 |
each year up to a period of five years after the date of the | 6615 |
issuance of the notes, less an amount equal to the proceeds of the | 6616 |
levy obligated for each year by the issuance of anticipation | 6617 |
notes, provided that the total amount maturing in any one year | 6618 |
shall not exceed fifty per cent of the anticipated proceeds of the | 6619 |
levy for that year. Each issue of notes shall be sold as provided | 6620 |
in Chapter 133. of the Revised Code, and shall, except for such | 6621 |
limitation that the total amount of such notes maturing in any one | 6622 |
year shall not exceed fifty per cent of the anticipated proceeds | 6623 |
of the levy for that year, mature serially in substantially equal | 6624 |
installments, during each year over a period not to exceed five | 6625 |
years after their issuance. | 6626 |
(B) Prior to the application of section 319.301 of the | 6627 |
Revised Code, the rate of a levy that is limited to, or to the | 6628 |
extent that it is apportioned to, purposes other than current | 6629 |
expenses shall be reduced in the same proportion in which the | 6630 |
district's total valuation increases during the life of the levy | 6631 |
because of additions to such valuation that have resulted from | 6632 |
improvements added to the tax list and duplicate. | 6633 |
(C) The form of ballot cast at an election under division (A) | 6634 |
of this section shall be as prescribed by section 5705.25 of the | 6635 |
Revised Code. | 6636 |
Sec. 3311.213. (A) With the approval of the board of | 6637 |
education of a joint vocational school district | 6638 |
existence, any school district in the county or counties | 6639 |
comprising the joint vocational school district or any school | 6640 |
district in a county adjacent to a county comprising part of a | 6641 |
joint vocational school district may become a part of the joint | 6642 |
vocational school district. On the adoption of a resolution of | 6643 |
approval by the board of education of the joint vocational school | 6644 |
district, it shall advertise a copy of such resolution in a | 6645 |
newspaper of general circulation in the school district proposing | 6646 |
to become a part of such joint vocational school district once | 6647 |
each week for
| 6648 |
the adoption of such resolution or as provided in section 7.16 of | 6649 |
the Revised Code. Such resolution shall not become effective until | 6650 |
the later of the sixty-first day after its adoption or until the | 6651 |
board of elections certifies the results of an election in favor | 6652 |
of joining of the school district to the joint vocational school | 6653 |
district if such an election is held under division (B) of this | 6654 |
section. | 6655 |
(B) During the sixty-day period following the date of the | 6656 |
adoption of a resolution to join a school district to a joint | 6657 |
vocational school district under division (A) of this section, the | 6658 |
electors of the school district that proposes joining the joint | 6659 |
vocational school district may petition for a referendum vote on | 6660 |
the resolution. The question whether to approve or disapprove the | 6661 |
resolution shall be submitted to the electors of such school | 6662 |
district if a number of qualified electors equal to twenty per | 6663 |
cent of the number of electors in the school district who voted | 6664 |
for the office of governor at the most recent general election for | 6665 |
that office sign a petition asking that the question of whether | 6666 |
the resolution shall be disapproved be submitted to the electors. | 6667 |
The petition shall be filed with the board of elections of the | 6668 |
county in which the school district is located. If the school | 6669 |
district is located in more than one county, the petition shall be | 6670 |
filed with the board of elections of the county in which the | 6671 |
majority of the territory of the school district is located. The | 6672 |
board shall certify the validity and sufficiency of the signatures | 6673 |
on the petition. | 6674 |
The board of elections shall immediately notify the board of | 6675 |
education of the joint vocational school district and the board of | 6676 |
education of the school district that proposes joining the joint | 6677 |
vocational school district that the petition has been filed. | 6678 |
The effect of the resolution shall be stayed until the board | 6679 |
of elections certifies the validity and sufficiency of the | 6680 |
signatures on the petition. If the board of elections determines | 6681 |
that the petition does not contain a sufficient number of valid | 6682 |
signatures and sixty days have passed since the adoption of the | 6683 |
resolution, the resolution shall become effective. | 6684 |
If the board of elections certifies that the petition | 6685 |
contains a sufficient number of valid signatures, the board shall | 6686 |
submit the question to the qualified electors of the school | 6687 |
district on the day of the next general or primary election held | 6688 |
at least seventy-five days after but no later than six months | 6689 |
after the board of elections certifies the validity and | 6690 |
sufficiency of signatures on the petition. If there is no general | 6691 |
or primary election held at least seventy-five days after but no | 6692 |
later than six months after the board of elections certifies the | 6693 |
validity and sufficiency of signatures on the petition, the board | 6694 |
shall submit the question to the electors at a special election to | 6695 |
be held on the next day specified for special elections in | 6696 |
division (D) of section 3501.01 of the Revised Code that occurs at | 6697 |
least seventy-five days after the board certifies the validity and | 6698 |
sufficiency of signatures on the petition. The election shall be | 6699 |
conducted and canvassed and the results shall be certified in the | 6700 |
same manner as in regular elections for the election of members of | 6701 |
a board of education. | 6702 |
If a majority of the electors voting on the question | 6703 |
disapprove the resolution, the resolution shall not become | 6704 |
effective. | 6705 |
(C) If the resolution becomes effective, the board of | 6706 |
education of the joint vocational school district shall notify the | 6707 |
county auditor of the county in which the school district becoming | 6708 |
a part of the joint vocational school district is located, who | 6709 |
shall thereupon have any outstanding levy for building purposes, | 6710 |
bond retirement, or current expenses in force in the joint | 6711 |
vocational school district spread over the territory of the school | 6712 |
district becoming a part of the joint vocational school district. | 6713 |
On the addition of a city or exempted village school district or | 6714 |
an educational service center to the joint vocational school | 6715 |
district, pursuant to this section, the board of education of such | 6716 |
joint vocational school district shall submit to the state board | 6717 |
of education a proposal to enlarge the membership of such board by | 6718 |
the addition of one or more persons at least one of whom shall be | 6719 |
a member of the board of education or governing board of such | 6720 |
additional school district or educational service center, and the | 6721 |
term of each such additional member. On the addition of a local | 6722 |
school district to the joint vocational school district, pursuant | 6723 |
to this section, the board of education of such joint vocational | 6724 |
school district may submit to the state board of education a | 6725 |
proposal to enlarge the membership of such board by the addition | 6726 |
of one or more persons who are members of the educational service | 6727 |
center governing board of such additional local school district. | 6728 |
On approval by the state board of education additional members | 6729 |
shall be added to such joint vocational school district board of | 6730 |
education. | 6731 |
Sec. 3311.214. (A) With the approval of the state board of | 6732 |
education, the boards of education of any two or more joint | 6733 |
vocational school districts may, by the adoption of identical | 6734 |
resolutions by a majority of the members of each such board, | 6735 |
propose that one new joint vocational school district be created | 6736 |
by adding together all of the territory of each of the districts | 6737 |
and dissolving such districts. A copy of each resolution shall be | 6738 |
filed with the state board of education for its approval or | 6739 |
disapproval. The resolutions shall include a provision that the | 6740 |
board of education of the new district shall be composed of the | 6741 |
members from the same boards of education that composed the | 6742 |
membership of the board of each of the districts to be dissolved, | 6743 |
except that, if an even number of districts are to be dissolved, | 6744 |
one additional member shall be added, who may be from any school | 6745 |
district included in the territory of any of the districts to be | 6746 |
dissolved as designated in the resolutions. The members of the new | 6747 |
board shall have the same terms of office as they had under the | 6748 |
respective plans of the districts adopting the resolutions, except | 6749 |
that, if the new board has an additional member, | 6750 |
member shall have a term as specified in the resolutions. | 6751 |
If the state board approves the resolutions, the board of | 6752 |
education of each district to be dissolved shall advertise a copy | 6753 |
of the resolution in a newspaper of general circulation in its | 6754 |
district once each week for | 6755 |
section 7.16 of the Revised Code, immediately following the date | 6756 |
the resolutions are approved by the state board. The resolutions | 6757 |
shall become effective on the first day of July next succeeding | 6758 |
the sixtieth day following approval by the state board unless | 6759 |
prior to the expiration of such sixty-day period, qualified | 6760 |
electors residing in one of the districts to be dissolved equal in | 6761 |
number to a majority of the qualified electors of that district | 6762 |
voting at the last general election file with the state board a | 6763 |
petition of remonstrance against creation of the proposed new | 6764 |
district. | 6765 |
(B) When a resolution becomes effective under division (A) of | 6766 |
this section, each district in which a resolution was adopted and | 6767 |
the board of each such district are dissolved. The territory of | 6768 |
each dissolved district becomes a part of the new joint vocational | 6769 |
school district. The net indebtedness of each dissolved district | 6770 |
shall be assumed in full by the new district and the funds and | 6771 |
property of each dissolved district shall become in full the funds | 6772 |
and property of the new district. All existing contracts of each | 6773 |
dissolved board shall be honored by the board of the new district | 6774 |
until their expiration dates. The board of the new district shall | 6775 |
notify the county auditor of each county in which each dissolved | 6776 |
district was located that a resolution has become effective and a | 6777 |
new district has been created and shall certify to each auditor | 6778 |
any changes that might be required in the tax rate as a result of | 6779 |
the creation of the new district. | 6780 |
(C) As used in this section, "net indebtedness" means the | 6781 |
difference between the par value of the outstanding and unpaid | 6782 |
bonds and notes of the school district and the amount held in the | 6783 |
sinking fund and other indebtedness retirement funds for their | 6784 |
redemption. | 6785 |
Sec. 3311.50. (A) As used in this section, "county school | 6786 |
financing district" means a taxing district consisting of the | 6787 |
following territory: | 6788 |
(1) The territory that constitutes the educational service | 6789 |
center on the date that the governing board of that educational | 6790 |
service center adopts a resolution under division (B) of this | 6791 |
section declaring that the territory of the educational service | 6792 |
center is a county school financing district, exclusive of any | 6793 |
territory subsequently withdrawn from the district under division | 6794 |
(D) of this section; | 6795 |
(2) Any territory that has been added to the county school | 6796 |
financing district under this section. | 6797 |
A county school financing district may include the territory | 6798 |
of a city, local, or exempted village school district whose | 6799 |
territory also is included in the territory of one or more other | 6800 |
county school financing districts. | 6801 |
(B) The governing board of any educational service center | 6802 |
may, by resolution, declare that the territory of the educational | 6803 |
service center is a county school financing district. The | 6804 |
resolution shall state the purpose for which the county school | 6805 |
financing district is created which may be for any one or more of | 6806 |
the following purposes: | 6807 |
(1) To levy taxes for the provision of special education by | 6808 |
the school districts that are a part of the district, including | 6809 |
taxes for permanent improvements for special education; | 6810 |
(2) To levy taxes for the provision of specified educational | 6811 |
programs and services by the school districts that are a part of | 6812 |
the district, as identified in the resolution creating the | 6813 |
district, including the levying of taxes for permanent | 6814 |
improvements for those programs and services; | 6815 |
(3) To levy taxes for permanent improvements of school | 6816 |
districts that are a part of the district. | 6817 |
The governing board of the educational service center that | 6818 |
creates a county school financing district shall serve as the | 6819 |
taxing authority of the district and may use educational service | 6820 |
center governing board employees to perform any of the functions | 6821 |
necessary in the performance of its duties as a taxing authority. | 6822 |
A county school financing district shall not employ any personnel. | 6823 |
With the approval of a majority of the members of the board | 6824 |
of education of each school district within the territory of the | 6825 |
county school financing district, the taxing authority of the | 6826 |
financing district may amend the resolution creating the district | 6827 |
to broaden or narrow the purposes for which it was created. | 6828 |
A governing board of an educational service center may create | 6829 |
more than one county school financing district. If a governing | 6830 |
board of an educational service center creates more than one such | 6831 |
district, it shall clearly distinguish among the districts it | 6832 |
creates by including a designation of each district's purpose in | 6833 |
the district's name. | 6834 |
(C) A majority of the members of a board of education of a | 6835 |
city, local, or exempted village school district may adopt a | 6836 |
resolution requesting that its territory be joined with the | 6837 |
territory of any county school financing district. Copies of the | 6838 |
resolution shall be filed with the state board of education and | 6839 |
the taxing authority of the county school financing district. | 6840 |
Within sixty days of its receipt of such a resolution, the county | 6841 |
school financing district's taxing authority shall vote on the | 6842 |
question of whether to accept the school district's territory as | 6843 |
part of the county school financing district. If a majority of the | 6844 |
members of the taxing authority vote to accept the territory, the | 6845 |
school district's territory shall thereupon become a part of the | 6846 |
county school financing district unless the county school | 6847 |
financing district has in effect a tax imposed under section | 6848 |
5705.211 of the Revised Code. If the county school financing | 6849 |
district has such a tax in effect, the taxing authority shall | 6850 |
certify a copy of its resolution accepting the school district's | 6851 |
territory to the school district's board of education, which may | 6852 |
then adopt a resolution, with the affirmative vote of a majority | 6853 |
of its members, proposing the submission to the electors of the | 6854 |
question of whether the district's territory shall become a part | 6855 |
of the county school financing district and subject to the taxes | 6856 |
imposed by the financing district. The resolution shall set forth | 6857 |
the date on which the question shall be submitted to the electors, | 6858 |
which shall be at a special election held on a date specified in | 6859 |
the resolution, which shall not be earlier than seventy-five days | 6860 |
after the adoption and certification of the resolution. A copy of | 6861 |
the resolution shall immediately be certified to the board of | 6862 |
elections of the proper county, which shall make arrangements for | 6863 |
the submission of the proposal to the electors of the school | 6864 |
district. The board of the joining district shall publish notice | 6865 |
of the election in | 6866 |
circulation in the county once a week for two consecutive weeks, | 6867 |
or as provided in section 7.16 of the Revised Code, prior to the | 6868 |
election. Additionally, if the board of elections operates and | 6869 |
maintains a web site, the board of elections shall post notice of | 6870 |
the election on its web site for thirty days prior to the | 6871 |
election. The question appearing on the ballot shall read: | 6872 |
"Shall the territory within .......... (name of the school | 6873 |
district proposing to join the county school financing district) | 6874 |
.......... be added to .......... (name) .......... county school | 6875 |
financing district, and a property tax for the purposes of | 6876 |
......... (here insert purposes) .......... at a rate of taxation | 6877 |
not exceeding .......... (here insert the outstanding tax rate) | 6878 |
........... be in effect for .......... (here insert the number of | 6879 |
years the tax is to be in effect or "a continuing period of time," | 6880 |
as applicable) ..........?" | 6881 |
If the proposal is approved by a majority of the electors | 6882 |
voting on it, the joinder shall take effect on the first day of | 6883 |
July following the date of the election, and the county board of | 6884 |
elections shall notify the county auditor of each county in which | 6885 |
the school district joining its territory to the county school | 6886 |
financing district is located. | 6887 |
(D) The board of any city, local, or exempted village school | 6888 |
district whose territory is part of a county school financing | 6889 |
district may withdraw its territory from the county school | 6890 |
financing district thirty days after submitting to the governing | 6891 |
board that is the taxing authority of the district and the state | 6892 |
board a resolution proclaiming such withdrawal, adopted by a | 6893 |
majority vote of its members, but any county school financing | 6894 |
district tax levied in such territory on the effective date of the | 6895 |
withdrawal shall remain in effect in such territory until such tax | 6896 |
expires or is renewed. No board may adopt a resolution withdrawing | 6897 |
from a county school financing district that would take effect | 6898 |
during the forty-five days preceding the date of an election at | 6899 |
which a levy proposed under section 5705.215 of the Revised Code | 6900 |
is to be voted upon. | 6901 |
(E) A city, local, or exempted village school district does | 6902 |
not lose its separate identity or legal existence by reason of | 6903 |
joining its territory to a county school financing district under | 6904 |
this section and an educational service center does not lose its | 6905 |
separate identity or legal existence by reason of creating a | 6906 |
county school financing district that accepts or loses territory | 6907 |
under this section. | 6908 |
Sec. 3311.53. (A)(1) The board of education of any city, | 6909 |
local, or exempted village school district that wishes to become | 6910 |
part of a cooperative education school district established | 6911 |
pursuant to divisions (A) to (C) of section 3311.52 of the Revised | 6912 |
Code may adopt a resolution proposing to become a part of the | 6913 |
cooperative education school district. | 6914 |
(2) The board of education of any city, local, or exempted | 6915 |
village school district that is contiguous to a cooperative | 6916 |
education school district established pursuant to section 3311.521 | 6917 |
of the Revised Code and that wishes to become part of that | 6918 |
cooperative district may adopt a resolution proposing to become | 6919 |
part of that cooperative district. | 6920 |
(B) If, after the adoption of a resolution in accordance with | 6921 |
division (A) of this section, the board of education of the | 6922 |
cooperative education school district named in that resolution | 6923 |
also adopts a resolution accepting the new district, the board of | 6924 |
the district wishing to become part of the cooperative district | 6925 |
shall advertise a copy of the cooperative district board's | 6926 |
resolution in a newspaper of general circulation in the school | 6927 |
district proposing to become a part of the cooperative education | 6928 |
school district once each week for | 6929 |
provided in section 7.16 of the Revised Code, immediately | 6930 |
following the date of the adoption of the resolution. The | 6931 |
resolution shall become legally effective on the sixtieth day | 6932 |
after its adoption, unless prior to the expiration of that | 6933 |
sixty-day period qualified electors residing in the school | 6934 |
district proposed to become a part of the cooperative education | 6935 |
school district equal in number to a majority of the qualified | 6936 |
electors voting at the last general election file with the board | 6937 |
of education a petition of remonstrance against the transfer. If | 6938 |
the resolution becomes legally effective, both of the following | 6939 |
shall apply: | 6940 |
(1) The resolution that established the cooperative education | 6941 |
school district pursuant to divisions (A) to (C) of section | 6942 |
3311.52 or section 3311.521 of the Revised Code shall be amended | 6943 |
to reflect the addition of the new district to the cooperative | 6944 |
district. | 6945 |
(2) The board of education of the cooperative education | 6946 |
school district shall give written notice of this fact to the | 6947 |
county auditor and the board of elections of each county in which | 6948 |
the school district becoming a part of the cooperative education | 6949 |
school district has territory. Any such county auditor shall | 6950 |
thereupon have any outstanding levy for building purposes, bond | 6951 |
retirement, or current expenses in force in the cooperative | 6952 |
education school district spread over the territory of the school | 6953 |
district becoming a part of the cooperative education school | 6954 |
district. | 6955 |
(C) If the board of education of the cooperative education | 6956 |
school district is not the governing board of an educational | 6957 |
service center, the board of education of the cooperative | 6958 |
education school district shall, on the addition of a city, local, | 6959 |
or exempted village school district to the district pursuant to | 6960 |
this section, submit to the state board of education a proposal to | 6961 |
enlarge the membership of the board. In the case of a cooperative | 6962 |
district established pursuant to divisions (A) to (C) of section | 6963 |
3311.52 of the Revised Code, the proposal shall add one or more | 6964 |
persons to the district's board, at least one of whom shall be a | 6965 |
member of or selected by the board of education of the additional | 6966 |
school district, and shall specify the term of each such | 6967 |
additional member. In the case of a cooperative district | 6968 |
established pursuant to section 3311.521 of the Revised Code, the | 6969 |
proposal shall add two or more persons to the district's board, at | 6970 |
least two of whom shall be a member of or selected by the board of | 6971 |
education of the additional school district, and shall specify the | 6972 |
term of each such additional member. On approval by the state | 6973 |
board of education, the additional members shall be added to the | 6974 |
cooperative education school district board of education. | 6975 |
Sec. 3311.73. (A) No later than seventy-five days before the | 6976 |
general election held in the first even-numbered year occurring at | 6977 |
least four years after the date it assumed control of the | 6978 |
municipal school district pursuant to division (B) of section | 6979 |
3311.71 of the Revised Code, the board of education appointed | 6980 |
under that division shall notify the board of elections of each | 6981 |
county containing territory of the municipal school district of | 6982 |
the referendum election required by division (B) of this section. | 6983 |
(B) At the general election held in the first even-numbered | 6984 |
year occurring at least four years after the date the new board | 6985 |
assumed control of a municipal school district pursuant to | 6986 |
division (B) of section 3311.71 of the Revised Code, the following | 6987 |
question shall be submitted to the electors residing in the school | 6988 |
district: | 6989 |
"Shall the mayor of ..... (here insert the name of the | 6990 |
applicable municipal corporation) continue to appoint the members | 6991 |
of the board of education of the ..... (here insert the name of | 6992 |
the municipal school district)?" | 6993 |
The board of elections of the county in which the majority of | 6994 |
the school district's territory is located shall make all | 6995 |
necessary arrangements for the submission of the question to the | 6996 |
electors, and the election shall be conducted, canvassed, and | 6997 |
certified in the same manner as regular elections in the district | 6998 |
for the election of county officers, provided that in any such | 6999 |
election in which only part of the electors of a precinct are | 7000 |
qualified to vote, the board of elections may assign voters in | 7001 |
such part to an adjoining precinct. Such an assignment may be made | 7002 |
to an adjoining precinct in another county with the consent and | 7003 |
approval of the board of elections of such other county. Notice of | 7004 |
the election shall be published in a newspaper of general | 7005 |
circulation in the school district once a week for two consecutive | 7006 |
weeks, or as provided in section 7.16 of the Revised Code, prior | 7007 |
to the election | 7008 |
maintains a web site, the board of elections shall post notice of | 7009 |
the election on its web site for thirty days prior to the | 7010 |
election. The notice shall state the question on which the | 7011 |
election is being held. The ballot shall be in the form prescribed | 7012 |
by the secretary of state. Costs of submitting the question to the | 7013 |
electors shall be charged to the municipal school district in | 7014 |
accordance with section 3501.17 of the Revised Code. | 7015 |
(C) If a majority of electors voting on the issue proposed in | 7016 |
division (B) of this section approve the question, the mayor shall | 7017 |
appoint a new board on the immediately following first day of July | 7018 |
pursuant to division (F) of section 3311.71 of the Revised Code. | 7019 |
(D) If a majority of electors voting on the issue proposed in | 7020 |
division (B) of this section disapprove the question, a new | 7021 |
seven-member board of education shall be elected at the next | 7022 |
regular election occurring in November of an odd-numbered year. At | 7023 |
such election, four members shall be elected for terms of four | 7024 |
years and three members shall be elected for terms of two years. | 7025 |
Thereafter, their successors shall be elected in the same manner | 7026 |
and for the same terms as members of boards of education of a city | 7027 |
school district. All members of the board of education of a | 7028 |
municipal school district appointed pursuant to division (B) of | 7029 |
section 3311.71 of the Revised Code shall continue to serve after | 7030 |
the end of the terms to which they were appointed until their | 7031 |
successors are qualified and assume office in accordance with | 7032 |
section 3313.09 of the Revised Code. | 7033 |
Sec. 3313.41. (A) Except as provided in divisions (C), (D), | 7034 |
(F), and (G) of this section, when a board of education decides to | 7035 |
dispose of real or personal property that it owns in its corporate | 7036 |
capacity and that exceeds in value ten thousand dollars, it shall | 7037 |
sell the property at public auction, after giving at least thirty | 7038 |
days' notice of the auction by publication in a newspaper of | 7039 |
general circulation in the school district, by publication as | 7040 |
provided in section 7.16 of the Revised Code, or by posting | 7041 |
notices in five of the most public places in the school district | 7042 |
in which the property, if it is real property, is situated, or, if | 7043 |
it is personal property, in the school district of the board of | 7044 |
education that owns the property. The board may offer real | 7045 |
property for sale as an entire tract or in parcels. | 7046 |
(B) When the board of education has offered real or personal | 7047 |
property for sale at public auction at least once pursuant to | 7048 |
division (A) of this section, and the property has not been sold, | 7049 |
the board may sell it at a private sale. Regardless of how it was | 7050 |
offered at public auction, at a private sale, the board shall, as | 7051 |
it considers best, sell real property as an entire tract or in | 7052 |
parcels, and personal property in a single lot or in several lots. | 7053 |
(C) If a board of education decides to dispose of real or | 7054 |
personal property that it owns in its corporate capacity and that | 7055 |
exceeds in value ten thousand dollars, it may sell the property to | 7056 |
the adjutant general; to any subdivision or taxing authority as | 7057 |
respectively defined in divisions (A) and (C) of section 5705.01 | 7058 |
of the Revised Code, township park district, board of park | 7059 |
commissioners established under Chapter 755. of the Revised Code, | 7060 |
or park district established under Chapter 1545. of the Revised | 7061 |
Code; to a wholly or partially tax-supported university, | 7062 |
university branch, or college; or to the board of trustees of a | 7063 |
school district library, upon such terms as are agreed upon. The | 7064 |
sale of real or personal property to the board of trustees of a | 7065 |
school district library is limited, in the case of real property, | 7066 |
to a school district library within whose boundaries the real | 7067 |
property is situated, or, in the case of personal property, to a | 7068 |
school district library whose boundaries lie in whole or in part | 7069 |
within the school district of the selling board of education. | 7070 |
(D) When a board of education decides to trade as a part or | 7071 |
an entire consideration, an item of personal property on the | 7072 |
purchase price of an item of similar personal property, it may | 7073 |
trade the same upon such terms as are agreed upon by the parties | 7074 |
to the trade. | 7075 |
(E) The president and the treasurer of the board of education | 7076 |
shall execute and deliver deeds or other necessary instruments of | 7077 |
conveyance to complete any sale or trade under this section. | 7078 |
(F) When a board of education has identified a parcel of real | 7079 |
property that it determines is needed for school purposes, the | 7080 |
board may, upon a majority vote of the members of the board, | 7081 |
acquire that property by exchanging real property that the board | 7082 |
owns in its corporate capacity for the identified real property or | 7083 |
by using real property that the board owns in its corporate | 7084 |
capacity as part or an entire consideration for the purchase price | 7085 |
of the identified real property. Any exchange or acquisition made | 7086 |
pursuant to this division shall be made by a conveyance executed | 7087 |
by the president and the treasurer of the board. | 7088 |
(G)(1) When a school district board of education decides to | 7089 |
dispose of real property suitable for use as classroom space, | 7090 |
prior to disposing of that property under divisions (A) to (F) of | 7091 |
this section, it shall first offer that property for sale to the | 7092 |
governing authorities of the start-up community schools | 7093 |
established under Chapter 3314. of the Revised Code located within | 7094 |
the territory of the school district, at a price that is not | 7095 |
higher than the appraised fair market value of that property. If | 7096 |
more than one community school governing authority accepts the | 7097 |
offer made by the school district board, the board shall sell the | 7098 |
property to the governing authority that accepted the offer first | 7099 |
in time. If no community school governing authority accepts the | 7100 |
offer within sixty days after the offer is made by the school | 7101 |
district board, the board may dispose of the property in the | 7102 |
applicable manner prescribed under divisions (A) to (F) of this | 7103 |
section. | 7104 |
(2) When a school district board of education has not used | 7105 |
real property suitable for classroom space for academic | 7106 |
instruction, administration, storage, or any other educational | 7107 |
purpose for one full school year and has not adopted a resolution | 7108 |
outlining a plan for using that property for any of those purposes | 7109 |
within the next three school years, it shall offer that property | 7110 |
for sale to the governing authorities of the start-up community | 7111 |
schools established under Chapter 3314. of the Revised Code | 7112 |
located within the territory of the school district, at a price | 7113 |
that is not higher than the appraised fair market value of that | 7114 |
property. If more than one community school governing authority | 7115 |
accepts the offer made by the school district board, the board | 7116 |
shall sell the property to the governing authority that accepted | 7117 |
the offer first in time. | 7118 |
(H) When a school district board of education has property | 7119 |
that the board, by resolution, finds is not needed for school | 7120 |
district use, is obsolete, or is unfit for the use for which it | 7121 |
was acquired, the board may donate that property in accordance | 7122 |
with this division if the fair market value of the property is, in | 7123 |
the opinion of the board, two thousand five hundred dollars or | 7124 |
less. | 7125 |
The property may be donated to an eligible nonprofit | 7126 |
organization that is located in this state and is exempt from | 7127 |
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). | 7128 |
Before donating any property under this division, the board shall | 7129 |
adopt a resolution expressing its intent to make unneeded, | 7130 |
obsolete, or unfit-for-use school district property available to | 7131 |
these organizations. The resolution shall include guidelines and | 7132 |
procedures the board considers to be necessary to implement the | 7133 |
donation program and shall indicate whether the school district | 7134 |
will conduct the donation program or the board will contract with | 7135 |
a representative to conduct it. If a representative is known when | 7136 |
the resolution is adopted, the resolution shall provide contact | 7137 |
information such as the representative's name, address, and | 7138 |
telephone number. | 7139 |
The resolution shall include within its procedures a | 7140 |
requirement that any nonprofit organization desiring to obtain | 7141 |
donated property under this division shall submit a written notice | 7142 |
to the board or its representative. The written notice shall | 7143 |
include evidence that the organization is a nonprofit organization | 7144 |
that is located in this state and is exempt from federal income | 7145 |
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of | 7146 |
the organization's primary purpose; a description of the type or | 7147 |
types of property the organization needs; and the name, address, | 7148 |
and telephone number of a person designated by the organization's | 7149 |
governing board to receive donated property and to serve as its | 7150 |
agent. | 7151 |
After adoption of the resolution, the board shall publish, in | 7152 |
a newspaper of general circulation in the school district or as | 7153 |
provided in section 7.16 of the Revised Code, notice of its intent | 7154 |
to donate unneeded, obsolete, or unfit-for-use school district | 7155 |
property to eligible nonprofit organizations. The notice shall | 7156 |
include a summary of the information provided in the resolution | 7157 |
and shall be published | 7158 |
7159 | |
than twenty days after the previous notice. A similar notice also | 7160 |
shall be posted continually in the board's office | 7161 |
school district maintains a web site on the internet, the notice | 7162 |
shall be posted continually at that web site. | 7163 |
The board or its representatives shall maintain a list of all | 7164 |
nonprofit organizations that notify the board or its | 7165 |
representative of their desire to obtain donated property under | 7166 |
this division and that the board or its representative determines | 7167 |
to be eligible, in accordance with the requirements set forth in | 7168 |
this section and in the donation program's guidelines and | 7169 |
procedures, to receive donated property. | 7170 |
The board or its representative also shall maintain a list of | 7171 |
all school district property the board finds to be unneeded, | 7172 |
obsolete, or unfit for use and to be available for donation under | 7173 |
this division. The list shall be posted continually in a | 7174 |
conspicuous location in the board's office, and, if the school | 7175 |
district maintains a web site on the internet, the list shall be | 7176 |
posted continually at that web site. An item of property on the | 7177 |
list shall be donated to the eligible nonprofit organization that | 7178 |
first declares to the board or its representative its desire to | 7179 |
obtain the item unless the board previously has established, by | 7180 |
resolution, a list of eligible nonprofit organizations that shall | 7181 |
be given priority with respect to the item's donation. Priority | 7182 |
may be given on the basis that the purposes of a nonprofit | 7183 |
organization have a direct relationship to specific school | 7184 |
district purposes of programs provided or administered by the | 7185 |
board. A resolution giving priority to certain nonprofit | 7186 |
organizations with respect to the donation of an item of property | 7187 |
shall specify the reasons why the organizations are given that | 7188 |
priority. | 7189 |
Members of the board shall consult with the Ohio ethics | 7190 |
commission, and comply with Chapters 102. and 2921. of the Revised | 7191 |
Code, with respect to any donation under this division to a | 7192 |
nonprofit organization of which a board member, any member of a | 7193 |
board member's family, or any business associate of a board member | 7194 |
is a trustee, officer, board member, or employee. | 7195 |
Sec. 3313.533. (A) The board of education of a city, | 7196 |
exempted village, or local school district may adopt a resolution | 7197 |
to establish and maintain an alternative school in accordance with | 7198 |
this section. The resolution shall specify, but not necessarily be | 7199 |
limited to, all of the following: | 7200 |
(1) The purpose of the school, which purpose shall be to | 7201 |
serve students who are on suspension, who are having truancy | 7202 |
problems, who are experiencing academic failure, who have a | 7203 |
history of class disruption, who are exhibiting other academic or | 7204 |
behavioral problems specified in the resolution, or who have been | 7205 |
discharged or released from the custody of the department of youth | 7206 |
services under section 5139.51 of the Revised Code; | 7207 |
(2) The grades served by the school, which may include any of | 7208 |
grades kindergarten through twelve; | 7209 |
(3) A requirement that the school be operated in accordance | 7210 |
with this section. The board of education adopting the resolution | 7211 |
under division (A) of this section shall be the governing board of | 7212 |
the alternative school. The board shall develop and implement a | 7213 |
plan for the school in accordance with the resolution establishing | 7214 |
the school and in accordance with this section. Each plan shall | 7215 |
include, but not necessarily be limited to, all of the following: | 7216 |
(a) Specification of the reasons for which students will be | 7217 |
accepted for assignment to the school and any criteria for | 7218 |
admission that are to be used by the board to approve or | 7219 |
disapprove the assignment of students to the school; | 7220 |
(b) Specification of the criteria and procedures that will be | 7221 |
used for returning students who have been assigned to the school | 7222 |
back to the regular education program of the district; | 7223 |
(c) An evaluation plan for assessing the effectiveness of the | 7224 |
school and its educational program and reporting the results of | 7225 |
the evaluation to the public. | 7226 |
(B) Notwithstanding any provision of Title XXXIII of the | 7227 |
Revised Code to the contrary, the alternative school plan may | 7228 |
include any of the following: | 7229 |
(1) A requirement that on each school day students must | 7230 |
attend school or participate in other programs specified in the | 7231 |
plan or by the chief administrative officer of the school for a | 7232 |
period equal to the minimum school day set by the state board of | 7233 |
education under section 3313.48 of the Revised Code plus any | 7234 |
additional time required in the plan or by the chief | 7235 |
administrative officer; | 7236 |
(2) Restrictions on student participation in extracurricular | 7237 |
or interscholastic activities; | 7238 |
(3) A requirement that students wear uniforms prescribed by | 7239 |
the district board of education. | 7240 |
(C) In accordance with the alternative school plan, the | 7241 |
district board of education may employ teachers and nonteaching | 7242 |
employees necessary to carry out its duties and fulfill its | 7243 |
responsibilities or may contract with a nonprofit or for profit | 7244 |
entity to operate the alternative school, including the provision | 7245 |
of personnel, supplies, equipment, or facilities. | 7246 |
(D) An alternative school may be established in all or part | 7247 |
of a school building. | 7248 |
(E) If a district board of education elects under this | 7249 |
section, or is required by section 3313.534 of the Revised Code, | 7250 |
to establish an alternative school, the district board may join | 7251 |
with the board of education of one or more other districts to form | 7252 |
a joint alternative school by forming a cooperative education | 7253 |
school district under section 3311.52 or 3311.521 of the Revised | 7254 |
Code, or a joint educational program under section 3313.842 of the | 7255 |
Revised Code. The authority to employ personnel or to contract | 7256 |
with a nonprofit or for profit entity under division (C) of this | 7257 |
section applies to any alternative school program established | 7258 |
under this division. | 7259 |
(F) Any individual employed as a teacher at an alternative | 7260 |
school operated by a nonprofit or for profit entity under this | 7261 |
section shall be licensed and shall be subject to background | 7262 |
checks, as described in section 3319.39 of the Revised Code, in | 7263 |
the same manner as an individual employed by a school district. | 7264 |
(G) Division (G) of this section applies only to any | 7265 |
alternative school that is operated by a nonprofit or for profit | 7266 |
entity under contract with the school district. | 7267 |
(1) In addition to the specifications authorized under | 7268 |
division (B) of this section, any plan adopted under that division | 7269 |
for an alternative school to which division (G) of this section | 7270 |
also applies shall include the following: | 7271 |
(a) A description of the educational program provided at the | 7272 |
alternative school, which shall include: | 7273 |
(i) Provisions for the school to be configured in clusters or | 7274 |
small learning communities; | 7275 |
(ii) Provisions for the incorporation of education technology | 7276 |
into the curriculum; | 7277 |
(iii) Provisions for accelerated learning programs in reading | 7278 |
and mathematics. | 7279 |
(b) A method to determine the reading and mathematics level | 7280 |
of each student assigned to the alternative school and a method to | 7281 |
continuously monitor each student's progress in those areas. The | 7282 |
methods employed under this division shall be aligned with the | 7283 |
curriculum adopted by the school district board of education under | 7284 |
section 3313.60 of the Revised Code. | 7285 |
(c) A plan for social services to be provided at the | 7286 |
alternative school, such as, but not limited to, counseling | 7287 |
services, psychological support services, and enrichment programs; | 7288 |
(d) A plan for a student's transition from the alternative | 7289 |
school back to a school operated by the school district; | 7290 |
(e) A requirement that the alternative school maintain | 7291 |
financial records in a manner that is compatible with the form | 7292 |
prescribed for school districts by the auditor of state to enable | 7293 |
the district to comply with any rules adopted by the auditor of | 7294 |
state. | 7295 |
(2) Notwithstanding division (A)(2) of this section, any | 7296 |
alternative school to which division (G) of this section applies | 7297 |
shall include only grades six through twelve. | 7298 |
(3) Notwithstanding anything in division (A)(3)(a) of this | 7299 |
section to the contrary, the characteristics of students who may | 7300 |
be assigned to an alternative school to which division (G) of this | 7301 |
section applies shall include only disruptive and low-performing | 7302 |
students. | 7303 |
(H) When any district board of education determines to | 7304 |
contract with a nonprofit or for profit entity to operate an | 7305 |
alternative school under this section, the board shall use the | 7306 |
procedure set forth in this division. | 7307 |
(1) The board shall publish notice of a request for proposals | 7308 |
in a newspaper of general circulation in the district once each | 7309 |
week for a period of | 7310 |
provided in section 7.16 of the Revised Code, prior to the date | 7311 |
specified by the board for receiving proposals. Notices of | 7312 |
requests for proposals shall contain a general description of the | 7313 |
subject of the proposed contract and the location where the | 7314 |
request for proposals may be obtained. The request for proposals | 7315 |
shall include all of the following information: | 7316 |
(a) Instructions and information to respondents concerning | 7317 |
the submission of proposals, including the name and address of the | 7318 |
office where proposals are to be submitted; | 7319 |
(b) Instructions regarding communications, including at least | 7320 |
the names, titles, and telephone numbers of persons to whom | 7321 |
questions concerning a proposal may be directed; | 7322 |
(c) A description of the performance criteria that will be | 7323 |
used to evaluate whether a respondent to which a contract is | 7324 |
awarded is meeting the district's educational standards or the | 7325 |
method by which such performance criteria will be determined; | 7326 |
(d) Factors and criteria to be considered in evaluating | 7327 |
proposals, the relative importance of each factor or criterion, | 7328 |
and a description of the evaluation procedures to be followed; | 7329 |
(e) Any terms or conditions of the proposed contract, | 7330 |
including any requirement for a bond and the amount of such bond; | 7331 |
(f) Documents that may be incorporated by reference into the | 7332 |
request for proposals, provided that the request for proposals | 7333 |
specifies where such documents may be obtained and that such | 7334 |
documents are readily available to all interested parties. | 7335 |
(2) After the date specified for receiving proposals, the | 7336 |
board shall evaluate the submitted proposals and may hold | 7337 |
discussions with any respondent to ensure a complete understanding | 7338 |
of the proposal and the qualifications of such respondent to | 7339 |
execute the proposed contract. Such qualifications shall include, | 7340 |
but are not limited to, all of the following: | 7341 |
(a) Demonstrated competence in performance of the required | 7342 |
services as indicated by effective implementation of educational | 7343 |
programs in reading and mathematics and at least three years of | 7344 |
experience successfully serving a student population similar to | 7345 |
the student population assigned to the alternative school; | 7346 |
(b) Demonstrated performance in the areas of cost | 7347 |
containment, the provision of educational services of a high | 7348 |
quality, and any other areas determined by the board; | 7349 |
(c) Whether the respondent has the resources to undertake the | 7350 |
operation of the alternative school and to provide qualified | 7351 |
personnel to staff the school; | 7352 |
(d) Financial responsibility. | 7353 |
(3) The board shall select for further review at least three | 7354 |
proposals from respondents the board considers qualified to | 7355 |
operate the alternative school in the best interests of the | 7356 |
students and the district. If fewer than three proposals are | 7357 |
submitted, the board shall select each proposal submitted. The | 7358 |
board may cancel a request for proposals or reject all proposals | 7359 |
at any time prior to the execution of a contract. | 7360 |
The board may hold discussions with any of the three selected | 7361 |
respondents to clarify or revise the provisions of a proposal or | 7362 |
the proposed contract to ensure complete understanding between the | 7363 |
board and the respondent of the terms under which a contract will | 7364 |
be entered. Respondents shall be accorded fair and equal treatment | 7365 |
with respect to any opportunity for discussion regarding | 7366 |
clarifications or revisions. The board may terminate or | 7367 |
discontinue any further discussion with a respondent upon written | 7368 |
notice. | 7369 |
(4) Upon further review of the three proposals selected by | 7370 |
the board, the board shall award a contract to the respondent the | 7371 |
board considers to have the most merit, taking into consideration | 7372 |
the scope, complexity, and nature of the services to be performed | 7373 |
by the respondent under the contract. | 7374 |
(5) Except as provided in division (H)(6) of this section, | 7375 |
the request for proposals, submitted proposals, and related | 7376 |
documents shall become public records under section 149.43 of the | 7377 |
Revised Code after the award of the contract. | 7378 |
(6) Any respondent may request in writing that the board not | 7379 |
disclose confidential or proprietary information or trade secrets | 7380 |
contained in the proposal submitted by the respondent to the | 7381 |
board. Any such request shall be accompanied by an offer of | 7382 |
indemnification from the respondent to the board. The board shall | 7383 |
determine whether to agree to the request and shall inform the | 7384 |
respondent in writing of its decision. If the board agrees to | 7385 |
nondisclosure of specified information in a proposal, such | 7386 |
information shall not become a public record under section 149.43 | 7387 |
of the Revised Code. If the respondent withdraws its proposal at | 7388 |
any time prior to the execution of a contract, the proposal shall | 7389 |
not be a public record under section 149.43 of the Revised Code. | 7390 |
(I) Upon a recommendation from the department and in | 7391 |
accordance with section 3301.16 of the Revised Code, the state | 7392 |
board of education may revoke the charter of any alternative | 7393 |
school operated by a school district that violates this section. | 7394 |
Sec. 3313.911. The state board of education may adopt a | 7395 |
resolution assigning a city, exempted village, or local school | 7396 |
district that is not a part of a joint vocational school district | 7397 |
to membership in a joint vocational school district. A copy of the | 7398 |
resolution shall be certified to the board of education of the | 7399 |
joint vocational school district and the board of education of the | 7400 |
district proposed to be assigned. The board of education of the | 7401 |
joint vocational school district shall advertise a copy of the | 7402 |
resolution in a newspaper of general circulation in the district | 7403 |
proposed to be assigned once each week for | 7404 |
as provided in section 7.16 of the Revised Code, immediately | 7405 |
following the certification of the resolution to the board. The | 7406 |
assignment shall take effect on the ninety-first day after the | 7407 |
state board adopts the resolution, unless prior to that date | 7408 |
qualified electors residing in the school district proposed for | 7409 |
assignment, equal in number to ten per cent of the qualified | 7410 |
electors of that district voting at the last general election, | 7411 |
file a petition against the assignment. | 7412 |
The petition of referendum shall be filed with the treasurer | 7413 |
of the board of education of the district proposed to be assigned | 7414 |
to the joint vocational school district. The treasurer shall give | 7415 |
the person presenting the petition a receipt showing the time of | 7416 |
day, date, and purpose of the petition. The treasurer shall cause | 7417 |
the board of elections to determine the sufficiency of signatures | 7418 |
on the petition and if the signatures are found to be sufficient, | 7419 |
shall present the petition to the board of education of the | 7420 |
district. The board of education shall promptly certify the | 7421 |
question to the board of elections for the purpose of having the | 7422 |
question placed on the ballot at the next general, primary, or | 7423 |
special election not earlier than sixty days after the date of the | 7424 |
certification. | 7425 |
Only those qualified electors residing in the district | 7426 |
proposed for assignment to the joint vocational school district | 7427 |
are qualified to vote on the question. If a majority of the | 7428 |
electors voting on the question vote against the assignment, it | 7429 |
shall not take place, and the state board of education shall | 7430 |
require the district to contract with the joint vocational school | 7431 |
district or another school district as authorized by section | 7432 |
3313.91 of the Revised Code. | 7433 |
If a majority of the electors voting on the question do not | 7434 |
vote against the assignment, the assignment shall take immediate | 7435 |
effect, and the board of education of the joint vocational school | 7436 |
district shall notify the county auditor of the county in which | 7437 |
the school district becoming a part of the joint vocational school | 7438 |
district is located to have any outstanding levy of the joint | 7439 |
vocational school district spread over the territory of the school | 7440 |
district that has become a part of the joint vocational school | 7441 |
district. | 7442 |
The assignment of a school district to a joint vocational | 7443 |
school district pursuant to this section is subject to any | 7444 |
agreements made between the board of education of the assigned | 7445 |
school district and the board of education of the joint vocational | 7446 |
school district. Such an agreement may include provisions for a | 7447 |
payment by the assigned school district to the joint vocational | 7448 |
school district of an amount to be contributed toward the cost of | 7449 |
the existing facilities of the joint vocational school district. | 7450 |
On the assignment of a school district to a joint vocational | 7451 |
school district pursuant to this section, the joint vocational | 7452 |
school district's board of education shall submit a proposal to | 7453 |
the state board of education to enlarge or reorganize the | 7454 |
membership of the joint vocational school district's board of | 7455 |
education if expansion or reorganization of the board is necessary | 7456 |
in order to comply with section 3311.19 of the Revised Code. | 7457 |
Sec. 3349.29. An agreement made pursuant to sections 3349.27 | 7458 |
and 3349.28 of the Revised Code is not effective unless it has | 7459 |
been approved by the legislative authority of the municipal | 7460 |
corporation with which the municipal university is identified, | 7461 |
upon such legislative authority's determination that such | 7462 |
agreement will be beneficial to the municipal corporation, and | 7463 |
also approved by the Ohio board of regents, and, if required by | 7464 |
any applicable appropriation measure, by the state controlling | 7465 |
board, and any payment from state tax moneys provided for in the | 7466 |
agreement will be subject to appropriations made by the general | 7467 |
assembly. If provision is to be made under such agreement for the | 7468 |
transfer of, or grant of the right to use, all or a substantial | 7469 |
part of the assets of the municipal university to the state | 7470 |
university and assumption by the state university of educational | 7471 |
functions of the municipal university, such agreement shall not | 7472 |
become effective, under sections 3349.27 to 3349.30 of the Revised | 7473 |
Code until the electors of the municipal corporation have approved | 7474 |
such transfer or grant. | 7475 |
The legislative authority of the municipal corporation shall, | 7476 |
by ordinance, submit the question to the electors at a general, | 7477 |
primary, or a special election to be held on the date specified in | 7478 |
the ordinance. The ordinance shall be certified to the board of | 7479 |
elections not later than the forty-fifth day preceding the date of | 7480 |
the election. Notice of the election shall be published in one | 7481 |
7482 | |
corporation once a week for two consecutive weeks or as provided | 7483 |
in section 7.16 of the Revised Code, prior to the election | 7484 |
7485 | |
notice of the election also shall be posted on that web site for | 7486 |
thirty days prior to the election. The form of the ballot to be | 7487 |
used at the election shall be substantially as follows, with such | 7488 |
variations as may be appropriate to reflect the general nature of | 7489 |
the transfer or grant of use of assets and the transfer of | 7490 |
educational functions contemplated: | 7491 |
"Shall assets of the municipal university known as | 7492 |
.......................... be transferred to (make available for | 7493 |
use by) a state university known as ........................... | 7494 |
and the state university assume educational functions of the | 7495 |
municipal university and provide higher education in (or in close | 7496 |
proximity to) the city of .......................... to the | 7497 |
residents of the city of ........................ and of the state | 7498 |
of Ohio and such others as shall be admitted?" | 7499 |
The favorable vote of a majority of those voting on the | 7500 |
proposition constitutes such approval as is required by this | 7501 |
section. | 7502 |
Sec. 3354.12. (A) Upon the request by resolution approved by | 7503 |
the board of trustees of a community college district, and upon | 7504 |
certification to the board of elections not less than seventy-five | 7505 |
days prior to the election, the boards of elections of the county | 7506 |
or counties comprising such district shall place upon the ballot | 7507 |
in their respective counties the question of levying a tax on all | 7508 |
the taxable property in the community college district outside the | 7509 |
ten-mill limitation, for a specified period of years or for a | 7510 |
continuing period of time, to provide funds for any one or more of | 7511 |
the following purposes: the acquisition of sites, the erection, | 7512 |
furnishing, and equipment of buildings, the acquisition, | 7513 |
construction, or improvement of any property which the board of | 7514 |
trustees of a community college district is authorized to acquire, | 7515 |
construct, or improve and which has an estimated life of | 7516 |
usefulness of five years or more as certified by the fiscal | 7517 |
officer, and the payment of operating costs. Not more than two | 7518 |
special elections shall be held in any one calendar year. Levies | 7519 |
for a continuing period of time adopted under this section may be | 7520 |
reduced in accordance with section 5705.261 of the Revised Code. | 7521 |
If such proposal is to be or include the renewal of an | 7522 |
existing levy at the expiration thereof, the ballot for such | 7523 |
election shall state whether it is a renewal of a tax; a renewal | 7524 |
of a stated number of mills and an increase of a stated number of | 7525 |
mills, or a renewal of a part of an existing levy with a reduction | 7526 |
of a stated number of mills; the year of the tax duplicate on | 7527 |
which such renewal will first be made; and if earlier, the year of | 7528 |
the tax duplicate on which such additional levy will first be | 7529 |
made, which may include the tax duplicate for the current year | 7530 |
unless the election is to be held after the first Tuesday after | 7531 |
the first Monday in November of the current tax year. The ballot | 7532 |
shall also state the period of years for such levy or that it is | 7533 |
for a continuing period of time. If a levy for a continuing period | 7534 |
of time provides for but is not limited to current expenses, the | 7535 |
resolution of the board of trustees providing for the election on | 7536 |
such levy shall apportion the annual rate of the levy between | 7537 |
current expenses and the other purpose or purposes. Such | 7538 |
apportionment need not be the same for each year of the levy, but | 7539 |
the respective portions of the rate actually levied each year for | 7540 |
current expenses and the other purpose or purposes shall be | 7541 |
limited by such apportionment. The portion of the rate apportioned | 7542 |
to the other purpose or purposes shall be reduced as provided in | 7543 |
division (B) of this section. | 7544 |
If a majority of the electors in such district voting on such | 7545 |
question approve thereof, the county auditor or auditors of the | 7546 |
county or counties comprising such district shall annually, for | 7547 |
the applicable years, place such levy on the tax duplicate in such | 7548 |
district, in an amount determined by the board of trustees, but | 7549 |
not to exceed the amount set forth in the proposition approved by | 7550 |
the electors. | 7551 |
The boards of trustees of a community college district shall | 7552 |
establish a special fund for all revenue derived from any tax | 7553 |
levied pursuant to this section. | 7554 |
The boards of elections of the county or counties comprising | 7555 |
the district shall cause to be published in a newspaper of general | 7556 |
circulation in each such county an advertisement of the proposed | 7557 |
tax levy question once a week for two consecutive weeks or as | 7558 |
provided in section 7.16 of the Revised Code, prior to the | 7559 |
election at which the question is to appear on the ballot | 7560 |
7561 | |
that board also shall post | 7562 |
site for thirty days prior to that election. | 7563 |
After the approval of such levy by vote, the board of | 7564 |
trustees of a community college district may anticipate a fraction | 7565 |
of the proceeds of such levy and from time to time issue | 7566 |
anticipation notes having such maturity or maturities that the | 7567 |
aggregate principal amount of all such notes maturing in any | 7568 |
calendar year shall not exceed seventy-five per cent of the | 7569 |
anticipated proceeds from such levy for such year, and that no | 7570 |
note shall mature later than the thirty-first day of December of | 7571 |
the tenth calendar year following the calendar year in which such | 7572 |
note is issued. Each issue of notes shall be sold as provided in | 7573 |
Chapter 133. of the Revised Code. | 7574 |
The amount of bonds or anticipatory notes authorized pursuant | 7575 |
to Chapter 3354. of the Revised Code, may include sums to repay | 7576 |
moneys previously borrowed, advanced, or granted and expended for | 7577 |
the purposes of such bond or anticipatory note issues, whether | 7578 |
such moneys were advanced from the available funds of the | 7579 |
community college district or by other persons, and the community | 7580 |
college district may restore and repay to such funds or persons | 7581 |
from the proceeds of such issues the moneys so borrowed, advanced | 7582 |
or granted. | 7583 |
All operating costs of such community college may be paid out | 7584 |
of any gift or grant from the state, pursuant to division (K) of | 7585 |
section 3354.09 of the Revised Code; out of student fees and | 7586 |
tuition collected pursuant to division (G) of section 3354.09 of | 7587 |
the Revised Code; or out of unencumbered funds from any other | 7588 |
source of the community college income not prohibited by law. | 7589 |
(B) Prior to the application of section 319.301 of the | 7590 |
Revised Code, the rate of a levy that is limited to, or to the | 7591 |
extent that it is apportioned to, purposes other than current | 7592 |
expenses shall be reduced in the same proportion in which the | 7593 |
district's total valuation increases during the life of the levy | 7594 |
because of additions to such valuation that have resulted from | 7595 |
improvements added to the tax list and duplicate. | 7596 |
Sec. 3355.09. Upon receipt of a request from the university | 7597 |
branch district managing authority, the boards of elections of the | 7598 |
county or counties comprising such district shall place upon the | 7599 |
ballot in the district at the next primary or general election | 7600 |
occurring not less than seventy-five days after submission of such | 7601 |
request by such managing authority, the question of levying a tax | 7602 |
outside the ten-mill limitation, for a specified period of years, | 7603 |
to provide funds for any of the following purposes: | 7604 |
(A) Purchasing a site or enlargement thereof; | 7605 |
(B) The erection and equipment of buildings; | 7606 |
(C) Enlarging, improving, or rebuilding buildings; | 7607 |
(D) The acquisition, construction, or improvement of any | 7608 |
property which the university branch district managing authority | 7609 |
is authorized to acquire, construct, or improve and which has been | 7610 |
certified by the fiscal officer to have an estimated useful life | 7611 |
of five or more years. | 7612 |
If a majority of the electors in such district voting on such | 7613 |
question approve, the county auditor of the county or counties | 7614 |
comprising such district shall annually place such levy on the tax | 7615 |
duplicate in such district, in the amount set forth in the | 7616 |
proposition approved by the electors. | 7617 |
The managing authority of the university branch district | 7618 |
shall establish a special fund pursuant to section 3355.07 of the | 7619 |
Revised Code for all revenue derived from any tax levied pursuant | 7620 |
to provisions of this section. | 7621 |
The boards of election of the county or counties comprising | 7622 |
the district shall cause to be published in a newspaper of general | 7623 |
circulation in each such county an advertisement of the proposed | 7624 |
tax levy question once a week for two consecutive weeks, or as | 7625 |
provided in section 7.16 of the Revised Code, prior to the | 7626 |
election at which the question is to appear on the ballot | 7627 |
7628 | |
that board also shall post | 7629 |
site for thirty days prior to the election. | 7630 |
After the approval of such levy by vote, the managing | 7631 |
authority of the university branch district may anticipate a | 7632 |
fraction of the proceeds of such levy and from time to time, | 7633 |
during the life of such levy, issue anticipation notes in an | 7634 |
amount not to exceed seventy-five per cent of the estimated | 7635 |
proceeds of such levy to be collected in each year over a period | 7636 |
of five years after the date of the issuance of such notes, less | 7637 |
an amount equal to the proceeds of such levy previously obligated | 7638 |
for such year by the issuance of anticipation notes, provided, | 7639 |
that the total amount maturing in any one year shall not exceed | 7640 |
seventy-five per cent of the anticipated proceeds of such levy for | 7641 |
that year. | 7642 |
Each issue of notes shall be sold as provided in Chapter 133. | 7643 |
of the Revised Code and shall mature serially in substantially | 7644 |
equal amounts, during each remaining year of the levy, not to | 7645 |
exceed five, after their issuance. | 7646 |
Sec. 3375.41. When a board of library trustees appointed | 7647 |
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, | 7648 |
or 3375.30 of the Revised Code determines to construct, demolish, | 7649 |
alter, repair, or reconstruct a library or make any improvements | 7650 |
or repairs, the cost of which will exceed twenty-five thousand | 7651 |
dollars, except in cases of urgent necessity or for the security | 7652 |
and protection of library property, it shall proceed as follows: | 7653 |
(A) The board shall advertise for a period of two weeks for | 7654 |
sealed bids in | 7655 |
district | 7656 |
7657 | |
Revised Code. If no newspaper has a general circulation in the | 7658 |
district, the board shall post the advertisement in three public | 7659 |
places in the district. The advertisement shall be entered in full | 7660 |
by the fiscal officer on the record of proceedings of the board. | 7661 |
(B) The sealed bids shall be filed with the fiscal officer by | 7662 |
twelve noon of the last day stated in the advertisement. | 7663 |
(C) The sealed bids shall be opened at the next meeting of | 7664 |
the board, shall be publicly read by the fiscal officer, and shall | 7665 |
be entered in full on the records of the board; provided that the | 7666 |
board, by resolution, may provide for the public opening and | 7667 |
reading of the bids by the fiscal officer, immediately after the | 7668 |
time for their filing has expired, at the usual place of meeting | 7669 |
of the board, and for the tabulation of the bids and a report of | 7670 |
the tabulation to the board at its next meeting. | 7671 |
(D) Each sealed bid shall contain the name of every person | 7672 |
interested in it and shall meet the requirements of section 153.54 | 7673 |
of the Revised Code. | 7674 |
(E) When both labor and materials are embraced in the work | 7675 |
bid for, the board may require that each be separately stated in | 7676 |
the sealed bid, with their price, or may require that bids be | 7677 |
submitted without the separation. | 7678 |
(F) None but the lowest responsible bid shall be accepted. | 7679 |
The board may reject all the bids or accept any bid for both labor | 7680 |
and material for the improvement or repair which is the lowest in | 7681 |
the aggregate. | 7682 |
(G) The contract shall be between the board and the bidders. | 7683 |
The board shall pay the contract price for the work in cash at the | 7684 |
times and in the amounts as provided by sections 153.12, 153.13, | 7685 |
and 153.14 of the Revised Code. | 7686 |
(H) When two or more bids are equal, in whole or in part, and | 7687 |
are lower than any others, either may be accepted, but in no case | 7688 |
shall the work be divided between these bidders. | 7689 |
(I) When there is reason to believe there is collusion or | 7690 |
combination among the bidders, the bids of those concerned in the | 7691 |
collusion or combination shall be rejected. | 7692 |
Sec. 3381.11. The board of trustees of a regional arts and | 7693 |
cultural district or any officer or employee designated by such | 7694 |
board may make any contract for the purchase of supplies or | 7695 |
material or for labor for any work, under the supervision of the | 7696 |
board, the cost of which shall not exceed ten thousand dollars. | 7697 |
When an expenditure, other than for the acquisition of real | 7698 |
estate, the discharge of noncontractual claims, personal services, | 7699 |
or for the product or services of public utilities, exceeds ten | 7700 |
thousand dollars, such expenditure shall be made only after a | 7701 |
notice calling for bids has been published once a week for two | 7702 |
consecutive weeks in | 7703 |
within the territory of the district or as provided in section | 7704 |
7.16 of the Revised Code. The board may then let said contract to | 7705 |
the lowest and best bidder, who shall give a good and approved | 7706 |
bond with ample security conditioned on the carrying out of the | 7707 |
contract. Such contract shall be in writing and shall be | 7708 |
accompanied by or shall refer to plans and specifications for the | 7709 |
work to be done, approved by the board. The plans and | 7710 |
specifications shall at all times be made and considered part of | 7711 |
the contract. The contract shall be approved by the board and | 7712 |
signed on behalf of the district and by the contractor. No sale of | 7713 |
any real or personal property or a lease thereof having a term | 7714 |
thereof in excess of five years shall be made except with the | 7715 |
highest and best bidder after publication of notice for bids in | 7716 |
the manner above provided. | 7717 |
Competitive bidding under this section is not required when: | 7718 |
(A) The board, by a two-thirds affirmative vote of its | 7719 |
members, determines that a real and present emergency exists and | 7720 |
such determination and the reasons therefor are entered in the | 7721 |
proceedings of the board, when: | 7722 |
(1) The estimated cost is less than fifteen thousand dollars; | 7723 |
or | 7724 |
(2) There is actual physical damage to structures or | 7725 |
equipment. | 7726 |
(B) Such purchase consists of supplies or a replacement or | 7727 |
supplemental part or parts for a product or equipment owned or | 7728 |
leased by the district and the only source of supply for such | 7729 |
supplies, part, or parts is limited to a single supplier; | 7730 |
(C) The lease is a renewal of a lease for electronic data | 7731 |
processing equipment, services, or systems; | 7732 |
(D) Services or supplies are available from a qualified | 7733 |
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 7734 |
Revised Code; | 7735 |
(E) With respect to any contract, agreement, or lease by a | 7736 |
district with any arts or cultural organization or any | 7737 |
governmental body or agency. | 7738 |
Sec. 3501.03. At least ten days before the time for holding | 7739 |
an election the board of elections shall give public notice by a | 7740 |
proclamation, posted in a conspicuous place in the courthouse and | 7741 |
city hall, or by one insertion in a newspaper | 7742 |
circulation in the county | 7743 |
7744 |
The board shall have authority to publicize information | 7745 |
relative to registration or elections. | 7746 |
Sec. 3505.13. A contract for the printing of ballots | 7747 |
involving a cost in excess of ten thousand dollars shall not be | 7748 |
let until after five days' notice published once in a | 7749 |
newspaper | 7750 |
notice given by mail by the board of elections, addressed to the | 7751 |
responsible printing offices within the state. Except as otherwise | 7752 |
provided in this section, each bid for such printing must be | 7753 |
accompanied by a bond with at least two sureties, or a surety | 7754 |
company, satisfactory to the board, in a sum double the amount of | 7755 |
the bid, conditioned upon the faithful performance of the contract | 7756 |
for such printing as is awarded and for the payment as damages by | 7757 |
such bidder to the board of any excess of cost over the bid which | 7758 |
it may be obliged to pay for such work by reason of the failure of | 7759 |
the bidder to complete the contract. No bid unaccompanied by such | 7760 |
bond shall be considered by the board. The board may, however, | 7761 |
waive the requirement that each bid be accompanied by a bond if | 7762 |
the cost of the contract is ten thousand dollars or less. The | 7763 |
contract shall be let to the lowest responsible bidder in the | 7764 |
state. All ballots shall be printed within the state. | 7765 |
Sec. 3709.21. The board of health of a general health | 7766 |
district may make such orders and regulations as are necessary for | 7767 |
its own government, for the public health, the prevention or | 7768 |
restriction of disease, and the prevention, abatement, or | 7769 |
suppression of nuisances. Such board may require that no human, | 7770 |
animal, or household wastes from sanitary installations within the | 7771 |
district be discharged into a storm sewer, open ditch, or | 7772 |
watercourse without a permit therefor having been secured from the | 7773 |
board under such terms as the board requires. All orders and | 7774 |
regulations not for the government of the board, but intended for | 7775 |
the general public, shall be adopted, recorded, and certified as | 7776 |
are ordinances of municipal corporations and the record thereof | 7777 |
shall be given in all courts the same effect as is given such | 7778 |
ordinances, but the advertisements of such orders and regulations | 7779 |
shall be by publication in | 7780 |
general circulation within the district. Publication shall be made | 7781 |
once a week for two consecutive weeks or as provided in section | 7782 |
7.16 of the Revised Code, and such orders and regulations shall | 7783 |
take effect and be in force ten days from the date of the first | 7784 |
publication. In cases of emergency caused by epidemics of | 7785 |
contagious or infectious diseases, or conditions or events | 7786 |
endangering the public health, the board may declare such orders | 7787 |
and regulations to be emergency measures, and such orders and | 7788 |
regulations shall become effective immediately without such | 7789 |
advertising, recording, and certifying. | 7790 |
Sec. 3735.36. When a metropolitan housing authority has | 7791 |
acquired the property necessary for any project, it shall proceed | 7792 |
to make plans and specifications for carrying out such project, | 7793 |
and shall advertise for bids for all work | 7794 |
have done by contract, such advertisements to be published as | 7795 |
provided in section 7.16 of the Revised Code or once a week for | 7796 |
two consecutive weeks in a newspaper of general circulation in the | 7797 |
political subdivision in which the project is to be developed. The | 7798 |
contract shall be awarded to the lowest and best bidder. | 7799 |
Sec. 3735.66. The legislative authorities of municipal | 7800 |
corporations and counties may survey the housing within their | 7801 |
jurisdictions and, after the survey, may adopt resolutions | 7802 |
describing the boundaries of community reinvestment areas which | 7803 |
contain the conditions required for the finding under division (B) | 7804 |
of section 3735.65 of the Revised Code. The findings resulting | 7805 |
from the survey shall be incorporated in the resolution describing | 7806 |
the boundaries of an area. The legislative authority may stipulate | 7807 |
in the resolution that only new structures or remodeling | 7808 |
classified as to use as commercial, industrial, or residential, or | 7809 |
some combination thereof, and otherwise satisfying the | 7810 |
requirements of section 3735.67 of the Revised Code are eligible | 7811 |
for exemption from taxation under that section. If the resolution | 7812 |
does not include such a stipulation, all new structures and | 7813 |
remodeling satisfying the requirements of section 3735.67 of the | 7814 |
Revised Code are eligible for exemption from taxation regardless | 7815 |
of classification. Whether or not the resolution includes such a | 7816 |
stipulation, the classification of the structures or remodeling | 7817 |
eligible for exemption in the area shall at all times be | 7818 |
consistent with zoning restrictions applicable to the area. For | 7819 |
the purposes of sections 3735.65 to 3735.70 of the Revised Code, | 7820 |
whether a structure or remodeling composed of multiple units is | 7821 |
classified as commercial or residential shall be determined by | 7822 |
resolution or ordinance of the legislative authority or, in the | 7823 |
absence of such a determination, by the classification of the use | 7824 |
of the structure or remodeling under the applicable zoning | 7825 |
regulations. | 7826 |
If construction or remodeling classified as residential is | 7827 |
eligible for exemption from taxation, the resolution shall specify | 7828 |
a percentage, not to exceed one hundred per cent, of the assessed | 7829 |
valuation of such property to be exempted. The percentage | 7830 |
specified shall apply to all residential construction or | 7831 |
remodeling for which exemption is granted. | 7832 |
The resolution adopted pursuant to this section shall be | 7833 |
published in a newspaper of general circulation in the municipal | 7834 |
corporation, if the resolution is adopted by the legislative | 7835 |
authority of a municipal corporation, or in a newspaper of general | 7836 |
circulation in the county, if the resolution is adopted by the | 7837 |
legislative authority of the county, once a week for two | 7838 |
consecutive weeks or as provided in section 7.16 of the Revised | 7839 |
Code, immediately following its adoption. | 7840 |
Each legislative authority adopting a resolution pursuant to | 7841 |
this section shall designate a housing officer. In addition, each | 7842 |
such legislative authority, not later than fifteen days after the | 7843 |
adoption of the resolution, shall petition the director of | 7844 |
development for the director to confirm the findings described in | 7845 |
the resolution. The petition shall be accompanied by a copy of the | 7846 |
resolution and by a map of the community reinvestment area in | 7847 |
sufficient detail to denote the specific boundaries of the area | 7848 |
and to indicate zoning restrictions applicable to the area. The | 7849 |
director shall determine whether the findings contained in the | 7850 |
resolution are valid, and whether the classification of structures | 7851 |
or remodeling eligible for exemption under the resolution is | 7852 |
consistent with zoning restrictions applicable to the area as | 7853 |
indicated on the map. Within thirty days of receiving the | 7854 |
petition, the director shall forward the director's determination | 7855 |
to the legislative authority. The legislative authority or housing | 7856 |
officer shall not grant any exemption from taxation under section | 7857 |
3735.67 of the Revised Code until the director forwards the | 7858 |
director's determination to the legislative authority. The | 7859 |
director shall assign to each community reinvestment area a unique | 7860 |
designation by which the area shall be identified for purposes of | 7861 |
sections 3735.65 to 3735.70 of the Revised Code. | 7862 |
If zoning restrictions in any part of a community | 7863 |
reinvestment area are changed at any time after the legislative | 7864 |
authority petitions the director under this section, the | 7865 |
legislative authority shall notify the director and shall submit a | 7866 |
map of the area indicating the new zoning restrictions in the | 7867 |
area. | 7868 |
Sec. 4301.80. (A) As used in this section, "community | 7869 |
entertainment district" means a bounded area that includes or will | 7870 |
include a combination of entertainment, retail, educational, | 7871 |
sporting, social, cultural, or arts establishments within close | 7872 |
proximity to some or all of the following types of establishments | 7873 |
within the district, or other types of establishments similar to | 7874 |
these: | 7875 |
(1) Hotels; | 7876 |
(2) Restaurants; | 7877 |
(3) Retail sales establishments; | 7878 |
(4) Enclosed shopping centers; | 7879 |
(5) Museums; | 7880 |
(6) Performing arts theaters; | 7881 |
(7) Motion picture theaters; | 7882 |
(8) Night clubs; | 7883 |
(9) Convention facilities; | 7884 |
(10) Sports facilities; | 7885 |
(11) Entertainment facilities or complexes; | 7886 |
(12) Any combination of the establishments described in | 7887 |
division (A)(1) to (11) of this section that provide similar | 7888 |
services to the community. | 7889 |
(B) Any owner of property located in a municipal corporation | 7890 |
seeking to have that property, or that property and other | 7891 |
surrounding property, designated as a community entertainment | 7892 |
district shall file an application seeking this designation with | 7893 |
the mayor of the municipal corporation in which that property is | 7894 |
located. Any owner of property located in the unincorporated area | 7895 |
of a township seeking to have that property, or that property and | 7896 |
other surrounding property, designated as a community | 7897 |
entertainment district shall file an application seeking this | 7898 |
designation with the board of township trustees of the township in | 7899 |
whose unincorporated area that property is located. An application | 7900 |
to designate an area as a community entertainment district shall | 7901 |
contain all of the following: | 7902 |
(1) The applicant's name and address; | 7903 |
(2) A map or survey of the proposed community entertainment | 7904 |
district in sufficient detail to identify the boundaries of the | 7905 |
district and the property owned by the applicant; | 7906 |
(3) A general statement of the nature and types of | 7907 |
establishments described in division (A) of this section that are | 7908 |
or will be located within the proposed community improvement | 7909 |
district and any other establishments located in the proposed | 7910 |
community entertainment district that are not described in | 7911 |
division (A) of this section; | 7912 |
(4) If some or all of the establishments within the proposed | 7913 |
community entertainment district have not yet been developed, the | 7914 |
proposed time frame for completing the development of these | 7915 |
establishments; | 7916 |
(5) Evidence that the uses of land within the proposed | 7917 |
community entertainment district are in accord with the municipal | 7918 |
corporation's or township's master zoning plan or map; | 7919 |
(6) A certificate from a surveyor or engineer licensed under | 7920 |
Chapter 4733. of the Revised Code indicating that the area | 7921 |
encompassed by the proposed community entertainment district | 7922 |
contains no less than twenty contiguous acres; | 7923 |
(7) A handling and processing fee to accompany the | 7924 |
application, payable to the applicable municipal corporation or | 7925 |
township, in an amount determined by that municipal corporation or | 7926 |
township. | 7927 |
(C) An application described in division (B) of this section | 7928 |
relating to an area located in a municipal corporation shall be | 7929 |
addressed and submitted to the mayor of the municipal corporation | 7930 |
in which the area described in the application is located. The | 7931 |
mayor, within thirty days after receiving the application, shall | 7932 |
submit the application with the mayor's recommendation to the | 7933 |
legislative authority of the municipal corporation. An application | 7934 |
described in division (B) of this section relating to an area | 7935 |
located in the unincorporated area of a township shall be | 7936 |
addressed and submitted to the board of township trustees of the | 7937 |
township in whose unincorporated area the area described in the | 7938 |
application is located. The application is a public record for | 7939 |
purposes of section 149.43 of the Revised Code upon its receipt by | 7940 |
the mayor or board of township trustees. | 7941 |
Within thirty days after it receives the application and the | 7942 |
mayor's recommendations relating to the application, the | 7943 |
legislative authority of the municipal corporation, by notice | 7944 |
published once a week for two consecutive weeks in | 7945 |
newspaper of general circulation in the municipal corporation or | 7946 |
as provided in section 7.16 of the Revised Code, shall notify the | 7947 |
public that the application is on file in the office of the clerk | 7948 |
of the municipal corporation and is available for inspection by | 7949 |
the public during regular business hours. Within thirty days after | 7950 |
it receives the application, the board of township trustees, by | 7951 |
notice published once a week for two consecutive weeks in | 7952 |
one newspaper of general circulation in the township or as | 7953 |
provided in section 7.16 of the Revised Code, shall notify the | 7954 |
public that the application is on file in the office of the | 7955 |
township fiscal officer and is available for inspection by the | 7956 |
public during regular business hours. The notice shall also | 7957 |
indicate the date and time of any public hearing by the | 7958 |
legislative authority or board of township trustees on the | 7959 |
application. | 7960 |
Within seventy-five days after the date the application is | 7961 |
filed with the mayor of a municipal corporation, the legislative | 7962 |
authority of the municipal corporation by ordinance or resolution | 7963 |
shall approve or disapprove the application based on whether the | 7964 |
proposed community entertainment district does or will | 7965 |
substantially contribute to entertainment, retail, educational, | 7966 |
sporting, social, cultural, or arts opportunities for the | 7967 |
community. The community considered shall at a minimum include the | 7968 |
municipal corporation in which the community is located. Any | 7969 |
approval of an application shall be by an affirmative majority | 7970 |
vote of the legislative authority. | 7971 |
Within seventy-five days after the date the application is | 7972 |
filed with a board of township trustees, the board by resolution | 7973 |
shall approve or disapprove the application based on whether the | 7974 |
proposed community entertainment district does or will | 7975 |
substantially contribute to entertainment, retail, educational, | 7976 |
sporting, social, cultural, or arts opportunities for the | 7977 |
community. The community considered shall at a minimum include the | 7978 |
township in which the community is located. Any approval of an | 7979 |
application shall be by an affirmative majority vote of the board | 7980 |
of township trustees. | 7981 |
If the legislative authority or board of township trustees | 7982 |
disapproves the application, the applicant may make changes in the | 7983 |
application to secure its approval by the legislative authority or | 7984 |
board of township trustees. Any area approved by the legislative | 7985 |
authority or board of township trustees constitutes a community | 7986 |
entertainment district, and a local option election may be | 7987 |
conducted in the district, as a type of community facility, under | 7988 |
section 4301.356 of the Revised Code. | 7989 |
(D) All or part of an area designated as a community | 7990 |
entertainment district may lose this designation as provided in | 7991 |
this division. The legislative authority of a municipal | 7992 |
corporation in which a community entertainment district is | 7993 |
located, or the board of township trustees of the township in | 7994 |
whose unincorporated area a community entertainment district is | 7995 |
located, after giving notice of its proposed action by publication | 7996 |
once a week for two consecutive weeks in | 7997 |
general circulation in the municipal corporation or township or as | 7998 |
provided in section 7.16 of the Revised Code, may determine by | 7999 |
ordinance or resolution in the case of the legislative authority | 8000 |
of a municipal corporation, or by resolution in the case of a | 8001 |
board of township trustees of a township, that all or part of the | 8002 |
area fails to meet the standards described in this section for | 8003 |
designation of an area as a community entertainment district. If | 8004 |
the legislative authority or board so determines, the area | 8005 |
designated in the ordinance or resolution no longer constitutes a | 8006 |
community entertainment district. | 8007 |
Sec. 4301.81. (A) As used in this section: | 8008 |
(1) "Revitalization district" means a bounded area that | 8009 |
includes or will include a combination of entertainment, retail, | 8010 |
educational, sporting, social, cultural, or arts establishments | 8011 |
within close proximity to some or all of the following types of | 8012 |
establishments within the district, or other types of | 8013 |
establishments similar to these: | 8014 |
(a) Hotels; | 8015 |
(b) Restaurants; | 8016 |
(c) Retail sales establishments; | 8017 |
(d) Enclosed shopping centers; | 8018 |
(e) Museums; | 8019 |
(f) Performing arts theaters; | 8020 |
(g) Motion picture theaters; | 8021 |
(h) Night clubs; | 8022 |
(i) Convention facilities; | 8023 |
(j) Sports facilities; | 8024 |
(k) Entertainment facilities or complexes; | 8025 |
(l) Any combination of the establishments described in | 8026 |
divisions (A)(1)(a) to (k) of this section that provide similar | 8027 |
services to the community. | 8028 |
(2) "Municipal corporation" means a municipal corporation | 8029 |
with a population of less than one hundred thousand. | 8030 |
(3) "Township" means a township with a population in its | 8031 |
unincorporated area of less than one hundred thousand. | 8032 |
(B) Any owner of property located in a municipal corporation | 8033 |
seeking to have that property, or that property and other | 8034 |
surrounding property, designated as a revitalization district | 8035 |
shall file an application seeking this designation with the mayor | 8036 |
of the municipal corporation in which that property is located. | 8037 |
Any owner of property located in the unincorporated area of a | 8038 |
township seeking to have that property, or that property and other | 8039 |
surrounding property, designated as a revitalization district | 8040 |
shall file an application seeking this designation with the board | 8041 |
of township trustees of the township in whose unincorporated area | 8042 |
that property is located. An application to designate an area as a | 8043 |
revitalization district shall contain all of the following: | 8044 |
(1) The applicant's name and address; | 8045 |
(2) A map or survey of the proposed revitalization district | 8046 |
in sufficient detail to identify the boundaries of the district | 8047 |
and the property owned by the applicant; | 8048 |
(3) A general statement of the nature and types of | 8049 |
establishments described in division (A) of this section that are | 8050 |
or will be located within the proposed revitalization district and | 8051 |
any other establishments located in the proposed revitalization | 8052 |
district that are not described in division (A) of this section; | 8053 |
(4) If some or all of the establishments within the proposed | 8054 |
revitalization district have not yet been developed, the proposed | 8055 |
time frame for completing the development of these establishments; | 8056 |
(5) Evidence that the uses of land within the proposed | 8057 |
revitalization district are in accord with the municipal | 8058 |
corporation's or township's master zoning plan or map; and | 8059 |
(6) A handling and processing fee to accompany the | 8060 |
application, payable to the applicable municipal corporation or | 8061 |
township, in an amount determined by that municipal corporation or | 8062 |
township. | 8063 |
(C) An application relating to an area located in a municipal | 8064 |
corporation shall be addressed and submitted to the mayor of the | 8065 |
municipal corporation in which the area described in the | 8066 |
application is located. The mayor, within thirty days after | 8067 |
receiving the application, shall submit the application with the | 8068 |
mayor's recommendation to the legislative authority of the | 8069 |
municipal corporation. An application relating to an area located | 8070 |
in the unincorporated area of a township shall be addressed and | 8071 |
submitted to the board of township trustees of the township in | 8072 |
whose unincorporated area the area described in the application is | 8073 |
located. The application is a public record for purposes of | 8074 |
section 149.43 of the Revised Code upon its receipt by the mayor | 8075 |
or board of township trustees. | 8076 |
Within thirty days after it receives the application and the | 8077 |
mayor's recommendations relating to the application, the | 8078 |
legislative authority of the municipal corporation, by notice | 8079 |
published once a week for two consecutive weeks in | 8080 |
newspaper of general circulation in the municipal corporation or | 8081 |
as provided in section 7.16 of the Revised Code, shall notify the | 8082 |
public that the application is on file in the office of the clerk | 8083 |
of the municipal corporation and is available for inspection by | 8084 |
the public during regular business hours. Within thirty days after | 8085 |
it receives the application, the board of township trustees, by | 8086 |
notice published once a week for two consecutive weeks in | 8087 |
one newspaper of general circulation in the township or as | 8088 |
provided in section 7.16 of the Revised Code, shall notify the | 8089 |
public that the application is on file in the office of the | 8090 |
township fiscal officer and is available for inspection by the | 8091 |
public during regular business hours. The notice shall also | 8092 |
indicate the date and time of any public hearing by the municipal | 8093 |
legislative authority or board of township trustees on the | 8094 |
application. | 8095 |
Within seventy-five days after the date the application is | 8096 |
filed with the mayor of a municipal corporation, the legislative | 8097 |
authority of the municipal corporation by ordinance or resolution | 8098 |
shall approve or disapprove the application based on whether the | 8099 |
proposed revitalization district does or will substantially | 8100 |
contribute to entertainment, retail, educational, sporting, | 8101 |
social, cultural, or arts opportunities for the community. The | 8102 |
community considered shall at a minimum include the municipal | 8103 |
corporation in which the community is located. Any approval of an | 8104 |
application shall be by an affirmative majority vote of the | 8105 |
legislative authority. Not more than one revitalization district | 8106 |
shall be designated within the municipal corporation. | 8107 |
Within seventy-five days after the date the application is | 8108 |
filed with a board of township trustees, the board by resolution | 8109 |
shall approve or disapprove the application based on whether the | 8110 |
proposed revitalization district does or will substantially | 8111 |
contribute to entertainment, retail, educational, sporting, | 8112 |
social, cultural, or arts opportunities for the community. The | 8113 |
community considered shall at a minimum include the township in | 8114 |
which the community is located. Any approval of an application | 8115 |
shall be by an affirmative majority vote of the board of township | 8116 |
trustees. Not more than one revitalization district shall be | 8117 |
designated within the unincorporated area of the township. | 8118 |
If the municipal legislative authority or board of township | 8119 |
trustees disapproves the application, the applicant may make | 8120 |
changes in the application to secure its approval by the | 8121 |
legislative authority or board of township trustees. Any area | 8122 |
approved by the legislative authority or board of township | 8123 |
trustees constitutes a revitalization district, and a local option | 8124 |
election may be conducted in the district, as a type of community | 8125 |
facility, under section 4301.356 of the Revised Code. | 8126 |
(D) All or part of an area designated as a revitalization | 8127 |
district may lose this designation as provided in this division. | 8128 |
The legislative authority of a municipal corporation in which a | 8129 |
revitalization district is located, or the board of township | 8130 |
trustees of the township in whose unincorporated area a | 8131 |
revitalization district is located, after giving notice of its | 8132 |
proposed action by publication once a week for two consecutive | 8133 |
weeks in | 8134 |
municipal corporation or township or as provided in section 7.16 | 8135 |
of the Revised Code, may determine by ordinance or resolution in | 8136 |
the case of the legislative authority of a municipal corporation, | 8137 |
or by resolution in the case of a board of township trustees of a | 8138 |
township, that all or part of the area fails to meet the standards | 8139 |
described in this section for designation of an area as a | 8140 |
revitalization district. If the legislative authority or board so | 8141 |
determines, the area designated in the ordinance or resolution no | 8142 |
longer constitutes a revitalization district. | 8143 |
Sec. 4503.06. (A) The owner of each manufactured or mobile | 8144 |
home that has acquired situs in this state shall pay either a real | 8145 |
property tax pursuant to Title LVII of the Revised Code or a | 8146 |
manufactured home tax pursuant to division (C) of this section. | 8147 |
(B) The owner of a manufactured or mobile home shall pay real | 8148 |
property taxes if either of the following applies: | 8149 |
(1) The manufactured or mobile home acquired situs in the | 8150 |
state or ownership in the home was transferred on or after January | 8151 |
1, 2000, and all of the following apply: | 8152 |
(a) The home is affixed to a permanent foundation as defined | 8153 |
in division (C)(5) of section 3781.06 of the Revised Code. | 8154 |
(b) The home is located on land that is owned by the owner of | 8155 |
the home. | 8156 |
(c) The certificate of title has been inactivated by the | 8157 |
clerk of the court of common pleas that issued it, pursuant to | 8158 |
division (H) of section 4505.11 of the Revised Code. | 8159 |
(2) The manufactured or mobile home acquired situs in the | 8160 |
state or ownership in the home was transferred before January 1, | 8161 |
2000, and all of the following apply: | 8162 |
(a) The home is affixed to a permanent foundation as defined | 8163 |
in division (C)(5) of section 3781.06 of the Revised Code. | 8164 |
(b) The home is located on land that is owned by the owner of | 8165 |
the home. | 8166 |
(c) The owner of the home has elected to have the home taxed | 8167 |
as real property and, pursuant to section 4505.11 of the Revised | 8168 |
Code, has surrendered the certificate of title to the auditor of | 8169 |
the county containing the taxing district in which the home has | 8170 |
its situs, together with proof that all taxes have been paid. | 8171 |
(d) The county auditor has placed the home on the real | 8172 |
property tax list and delivered the certificate of title to the | 8173 |
clerk of the court of common pleas that issued it and the clerk | 8174 |
has inactivated the certificate. | 8175 |
(C)(1) Any mobile or manufactured home that is not taxed as | 8176 |
real property as provided in division (B) of this section is | 8177 |
subject to an annual manufactured home tax, payable by the owner, | 8178 |
for locating the home in this state. The tax as levied in this | 8179 |
section is for the purpose of supplementing the general revenue | 8180 |
funds of the local subdivisions in which the home has its situs | 8181 |
pursuant to this section. | 8182 |
(2) The year for which the manufactured home tax is levied | 8183 |
commences on the first day of January and ends on the following | 8184 |
thirty-first day of December. The state shall have the first lien | 8185 |
on any manufactured or mobile home on the list for the amount of | 8186 |
taxes, penalties, and interest charged against the owner of the | 8187 |
home under this section. The lien of the state for the tax for a | 8188 |
year shall attach on the first day of January to a home that has | 8189 |
acquired situs on that date. The lien for a home that has not | 8190 |
acquired situs on the first day of January, but that acquires | 8191 |
situs during the year, shall attach on the next first day of | 8192 |
January. The lien shall continue until the tax, including any | 8193 |
penalty or interest, is paid. | 8194 |
(3)(a) The situs of a manufactured or mobile home located in | 8195 |
this state on the first day of January is the local taxing | 8196 |
district in which the home is located on that date. | 8197 |
(b) The situs of a manufactured or mobile home not located in | 8198 |
this state on the first day of January, but located in this state | 8199 |
subsequent to that date, is the local taxing district in which the | 8200 |
home is located thirty days after it is acquired or first enters | 8201 |
this state. | 8202 |
(4) The tax is collected by and paid to the county treasurer | 8203 |
of the county containing the taxing district in which the home has | 8204 |
its situs. | 8205 |
(D) The manufactured home tax shall be computed and assessed | 8206 |
by the county auditor of the county containing the taxing district | 8207 |
in which the home has its situs as follows: | 8208 |
(1) On a home that acquired situs in this state prior to | 8209 |
January 1, 2000: | 8210 |
(a) By multiplying the assessable value of the home by the | 8211 |
tax rate of the taxing district in which the home has its situs, | 8212 |
and deducting from the product thus obtained any reduction | 8213 |
authorized under section 4503.065 of the Revised Code. The tax | 8214 |
levied under this formula shall not be less than thirty-six | 8215 |
dollars, unless the home qualifies for a reduction in assessable | 8216 |
value under section 4503.065 of the Revised Code, in which case | 8217 |
there shall be no minimum tax and the tax shall be the amount | 8218 |
calculated under this division. | 8219 |
(b) The assessable value of the home shall be forty per cent | 8220 |
of the amount arrived at by the following computation: | 8221 |
(i) If the cost to the owner, or market value at time of | 8222 |
purchase, whichever is greater, of the home includes the | 8223 |
furnishings and equipment, such cost or market value shall be | 8224 |
multiplied according to the following schedule: | 8225 |
For the first calendar year | 8226 | ||||||
in which the | 8227 | ||||||
home is owned by the | 8228 | ||||||
current owner | x | 80% | 8229 | ||||
2nd calendar year | x | 75% | 8230 | ||||
3rd " | x | 70% | 8231 | ||||
4th " | x | 65% | 8232 | ||||
5th " | x | 60% | 8233 | ||||
6th " | x | 55% | 8234 | ||||
7th " | x | 50% | 8235 | ||||
8th " | x | 45% | 8236 | ||||
9th " | x | 40% | 8237 | ||||
10th and each year thereafter | x | 35% | 8238 |
The first calendar year means any period between the first | 8239 |
day of January and the thirty-first day of December of the first | 8240 |
year. | 8241 |
(ii) If the cost to the owner, or market value at the time of | 8242 |
purchase, whichever is greater, of the home does not include the | 8243 |
furnishings and equipment, such cost or market value shall be | 8244 |
multiplied according to the following schedule: | 8245 |
For the first calendar year | 8246 | ||||||
in which the | 8247 | ||||||
home is owned by the | 8248 | ||||||
current owner | x | 95% | 8249 | ||||
2nd calendar year | x | 90% | 8250 | ||||
3rd " | x | 85% | 8251 | ||||
4th " | x | 80% | 8252 | ||||
5th " | x | 75% | 8253 | ||||
6th " | x | 70% | 8254 | ||||
7th " | x | 65% | 8255 | ||||
8th " | x | 60% | 8256 | ||||
9th " | x | 55% | 8257 | ||||
10th and each year thereafter | x | 50% | 8258 |
The first calendar year means any period between the first | 8259 |
day of January and the thirty-first day of December of the first | 8260 |
year. | 8261 |
(2) On a home in which ownership was transferred or that | 8262 |
first acquired situs in this state on or after January 1, 2000: | 8263 |
(a) By multiplying the assessable value of the home by the | 8264 |
effective tax rate, as defined in section 323.08 of the Revised | 8265 |
Code, for residential real property of the taxing district in | 8266 |
which the home has its situs, and deducting from the product thus | 8267 |
obtained the reductions required or authorized under section | 8268 |
319.302, division (B) of section 323.152, or section 4503.065 of | 8269 |
the Revised Code. | 8270 |
(b) The assessable value of the home shall be thirty-five per | 8271 |
cent of its true value as determined under division (L) of this | 8272 |
section. | 8273 |
(3) On or before the fifteenth day of January each year, the | 8274 |
county auditor shall record the assessable value and the amount of | 8275 |
tax on the manufactured or mobile home on the tax list and deliver | 8276 |
a duplicate of the list to the county treasurer. In the case of an | 8277 |
emergency as defined in section 323.17 of the Revised Code, the | 8278 |
tax commissioner, by journal entry, may extend the times for | 8279 |
delivery of the duplicate for an additional fifteen days upon | 8280 |
receiving a written application from the county auditor regarding | 8281 |
an extension for the delivery of the duplicate, or from the county | 8282 |
treasurer regarding an extension of the time for the billing and | 8283 |
collection of taxes. The application shall contain a statement | 8284 |
describing the emergency that will cause the unavoidable delay and | 8285 |
must be received by the tax commissioner on or before the last day | 8286 |
of the month preceding the day delivery of the duplicate is | 8287 |
otherwise required. When an extension is granted for delivery of | 8288 |
the duplicate, the time period for payment of taxes shall be | 8289 |
extended for a like period of time. When a delay in the closing of | 8290 |
a tax collection period becomes unavoidable, the tax commissioner, | 8291 |
upon application by the county auditor and county treasurer, may | 8292 |
order the time for payment of taxes to be extended if the tax | 8293 |
commissioner determines that penalties have accrued or would | 8294 |
otherwise accrue for reasons beyond the control of the taxpayers | 8295 |
of the county. The order shall prescribe the final extended date | 8296 |
for payment of taxes for that collection period. | 8297 |
(4) After January 1, 1999, the owner of a manufactured or | 8298 |
mobile home taxed pursuant to division (D)(1) of this section may | 8299 |
elect to have the home taxed pursuant to division (D)(2) of this | 8300 |
section by filing a written request with the county auditor of the | 8301 |
taxing district in which the home is located on or before the | 8302 |
first day of December of any year. Upon the filing of the request, | 8303 |
the county auditor shall determine whether all taxes levied under | 8304 |
division (D)(1) of this section have been paid, and if those taxes | 8305 |
have been paid, the county auditor shall tax the manufactured or | 8306 |
mobile home pursuant to division (D)(2) of this section commencing | 8307 |
in the next tax year. | 8308 |
(5) A manufactured or mobile home that acquired situs in this | 8309 |
state prior to January 1, 2000, shall be taxed pursuant to | 8310 |
division (D)(2) of this section if no manufactured home tax had | 8311 |
been paid for the home and the home was not exempted from taxation | 8312 |
pursuant to division (E) of this section for the year for which | 8313 |
the taxes were not paid. | 8314 |
(6)(a) Immediately upon receipt of any manufactured home tax | 8315 |
duplicate from the county auditor, but not less than twenty days | 8316 |
prior to the last date on which the first one-half taxes may be | 8317 |
paid without penalty as prescribed in division (F) of this | 8318 |
section, the county treasurer shall cause to be prepared and | 8319 |
mailed or delivered to each person charged on that duplicate with | 8320 |
taxes, or to an agent designated by such person, the tax bill | 8321 |
prescribed by the tax commissioner under division (D)(7) of this | 8322 |
section. When taxes are paid by installments, the county treasurer | 8323 |
shall mail or deliver to each person charged on such duplicate or | 8324 |
the agent designated by that person a second tax bill showing the | 8325 |
amount due at the time of the second tax collection. The second | 8326 |
half tax bill shall be mailed or delivered at least twenty days | 8327 |
prior to the close of the second half tax collection period. A | 8328 |
change in the mailing address of any tax bill shall be made in | 8329 |
writing to the county treasurer. Failure to receive a bill | 8330 |
required by this section does not excuse failure or delay to pay | 8331 |
any taxes shown on the bill or, except as provided in division | 8332 |
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty, | 8333 |
interest, or charge for such delay. | 8334 |
(b) After delivery of the copy of the delinquent manufactured | 8335 |
home tax list under division (H) of this section, the county | 8336 |
treasurer may prepare and mail to each person in whose name a home | 8337 |
is listed an additional tax bill showing the total amount of | 8338 |
delinquent taxes charged against the home as shown on the list. | 8339 |
The tax bill shall include a notice that the interest charge | 8340 |
prescribed by division (G) of this section has begun to accrue. | 8341 |
(7) Each tax bill prepared and mailed or delivered under | 8342 |
division (D)(6) of this section shall be in the form and contain | 8343 |
the information required by the tax commissioner. The commissioner | 8344 |
may prescribe different forms for each county and may authorize | 8345 |
the county auditor to make up tax bills and tax receipts to be | 8346 |
used by the county treasurer. The tax bill shall not contain or be | 8347 |
mailed or delivered with any information or material that is not | 8348 |
required by this section or that is not authorized by section | 8349 |
321.45 of the Revised Code or by the tax commissioner. In addition | 8350 |
to the information required by the commissioner, each tax bill | 8351 |
shall contain the following information: | 8352 |
(a) The taxes levied and the taxes charged and payable | 8353 |
against the manufactured or mobile home; | 8354 |
(b) The following notice: "Notice: If the taxes are not paid | 8355 |
within sixty days after the county auditor delivers the delinquent | 8356 |
manufactured home tax list to the county treasurer, you and your | 8357 |
home may be subject to collection proceedings for tax | 8358 |
delinquency." Failure to provide such notice has no effect upon | 8359 |
the validity of any tax judgment to which a home may be subjected. | 8360 |
(c) In the case of manufactured or mobile homes taxed under | 8361 |
division (D)(2) of this section, the following additional | 8362 |
information: | 8363 |
(i) The effective tax rate. The words "effective tax rate" | 8364 |
shall appear in boldface type. | 8365 |
(ii) The following notice: "Notice: If the taxes charged | 8366 |
against this home have been reduced by the 2-1/2 per cent tax | 8367 |
reduction for residences occupied by the owner but the home is not | 8368 |
a residence occupied by the owner, the owner must notify the | 8369 |
county auditor's office not later than March 31 of the year for | 8370 |
which the taxes are due. Failure to do so may result in the owner | 8371 |
being convicted of a fourth degree misdemeanor, which is | 8372 |
punishable by imprisonment up to 30 days, a fine up to $250, or | 8373 |
both, and in the owner having to repay the amount by which the | 8374 |
taxes were erroneously or illegally reduced, plus any interest | 8375 |
that may apply. | 8376 |
If the taxes charged against this home have not been reduced | 8377 |
by the 2-1/2 per cent tax reduction and the home is a residence | 8378 |
occupied by the owner, the home may qualify for the tax reduction. | 8379 |
To obtain an application for the tax reduction or further | 8380 |
information, the owner may contact the county auditor's office at | 8381 |
.......... (insert the address and telephone number of the county | 8382 |
auditor's office)." | 8383 |
(E)(1) A manufactured or mobile home is not subject to this | 8384 |
section when any of the following applies: | 8385 |
(a) It is taxable as personal property pursuant to section | 8386 |
5709.01 of the Revised Code. Any manufactured or mobile home that | 8387 |
is used as a residence shall be subject to this section and shall | 8388 |
not be taxable as personal property pursuant to section 5709.01 of | 8389 |
the Revised Code. | 8390 |
(b) It bears a license plate issued by any state other than | 8391 |
this state unless the home is in this state in excess of an | 8392 |
accumulative period of thirty days in any calendar year. | 8393 |
(c) The annual tax has been paid on the home in this state | 8394 |
for the current year. | 8395 |
(d) The tax commissioner has determined, pursuant to section | 8396 |
5715.27 of the Revised Code, that the property is exempt from | 8397 |
taxation, or would be exempt from taxation under Chapter 5709. of | 8398 |
the Revised Code if it were classified as real property. | 8399 |
(2) A travel trailer or park trailer, as these terms are | 8400 |
defined in section 4501.01 of the Revised Code, is not subject to | 8401 |
this section if it is unused or unoccupied and stored at the | 8402 |
owner's normal place of residence or at a recognized storage | 8403 |
facility. | 8404 |
(3) A travel trailer or park trailer, as these terms are | 8405 |
defined in section 4501.01 of the Revised Code, is subject to this | 8406 |
section and shall be taxed as a manufactured or mobile home if it | 8407 |
has a situs longer than thirty days in one location and is | 8408 |
connected to existing utilities, unless either of the following | 8409 |
applies: | 8410 |
(a) The situs is in a state facility or a camping or park | 8411 |
area as defined in division (C), (Q), (S), or (V) of section | 8412 |
3729.01 of the Revised Code. | 8413 |
(b) The situs is in a camping or park area that is a tract of | 8414 |
land that has been limited to recreational use by deed or zoning | 8415 |
restrictions and subdivided for sale of five or more individual | 8416 |
lots for the express or implied purpose of occupancy by either | 8417 |
self-contained recreational vehicles as defined in division (T) of | 8418 |
section 3729.01 of the Revised Code or by dependent recreational | 8419 |
vehicles as defined in division (D) of section 3729.01 of the | 8420 |
Revised Code. | 8421 |
(F) Except as provided in division (D)(3) of this section, | 8422 |
the manufactured home tax is due and payable as follows: | 8423 |
(1) When a manufactured or mobile home has a situs in this | 8424 |
state, as provided in this section, on the first day of January, | 8425 |
one-half of the amount of the tax is due and payable on or before | 8426 |
the first day of March and the balance is due and payable on or | 8427 |
before the thirty-first day of July. At the option of the owner of | 8428 |
the home, the tax for the entire year may be paid in full on the | 8429 |
first day of March. | 8430 |
(2) When a manufactured or mobile home first acquires a situs | 8431 |
in this state after the first day of January, no tax is due and | 8432 |
payable for that year. | 8433 |
(G)(1)(a) Except as otherwise provided in division (G)(1)(b) | 8434 |
of this section, if one-half of the current taxes charged under | 8435 |
this section against a manufactured or mobile home, together with | 8436 |
the full amount of any delinquent taxes, are not paid on or before | 8437 |
the first day of March in that year, or on or before the last day | 8438 |
for such payment as extended pursuant to section 4503.063 of the | 8439 |
Revised Code, a penalty of ten per cent shall be charged against | 8440 |
the unpaid balance of such half of the current taxes. If the total | 8441 |
amount of all such taxes is not paid on or before the thirty-first | 8442 |
day of July, next thereafter, or on or before the last day for | 8443 |
payment as extended pursuant to section 4503.063 of the Revised | 8444 |
Code, a like penalty shall be charged on the balance of the total | 8445 |
amount of the unpaid current taxes. | 8446 |
(b) After a valid delinquent tax contract that includes | 8447 |
unpaid current taxes from a first-half collection period described | 8448 |
in division (F) of this section has been entered into under | 8449 |
section 323.31 of the Revised Code, no ten per cent penalty shall | 8450 |
be charged against such taxes after the second-half collection | 8451 |
period while the delinquent tax contract remains in effect. On the | 8452 |
day a delinquent tax contract becomes void, the ten per cent | 8453 |
penalty shall be charged against such taxes and shall equal the | 8454 |
amount of penalty that would have been charged against unpaid | 8455 |
current taxes outstanding on the date on which the second-half | 8456 |
penalty would have been charged thereon under division (G)(1)(a) | 8457 |
of this section if the contract had not been in effect. | 8458 |
(2)(a) On the first day of the month following the last day | 8459 |
the second installment of taxes may be paid without penalty | 8460 |
beginning in 2000, interest shall be charged against and computed | 8461 |
on all delinquent taxes other than the current taxes that became | 8462 |
delinquent taxes at the close of the last day such second | 8463 |
installment could be paid without penalty. The charge shall be for | 8464 |
interest that accrued during the period that began on the | 8465 |
preceding first day of December and ended on the last day of the | 8466 |
month that included the last date such second installment could be | 8467 |
paid without penalty. The interest shall be computed at the rate | 8468 |
per annum prescribed by section 5703.47 of the Revised Code and | 8469 |
shall be entered as a separate item on the delinquent manufactured | 8470 |
home tax list compiled under division (H) of this section. | 8471 |
(b) On the first day of December beginning in 2000, the | 8472 |
interest shall be charged against and computed on all delinquent | 8473 |
taxes. The charge shall be for interest that accrued during the | 8474 |
period that began on the first day of the month following the last | 8475 |
date prescribed for the payment of the second installment of taxes | 8476 |
in the current year and ended on the immediately preceding last | 8477 |
day of November. The interest shall be computed at the rate per | 8478 |
annum prescribed by section 5703.47 of the Revised Code and shall | 8479 |
be entered as a separate item on the delinquent manufactured home | 8480 |
tax list. | 8481 |
(c) After a valid undertaking has been entered into for the | 8482 |
payment of any delinquent taxes, no interest shall be charged | 8483 |
against such delinquent taxes while the undertaking remains in | 8484 |
effect in compliance with section 323.31 of the Revised Code. If a | 8485 |
valid undertaking becomes void, interest shall be charged against | 8486 |
the delinquent taxes for the periods that interest was not | 8487 |
permitted to be charged while the undertaking was in effect. The | 8488 |
interest shall be charged on the day the undertaking becomes void | 8489 |
and shall equal the amount of interest that would have been | 8490 |
charged against the unpaid delinquent taxes outstanding on the | 8491 |
dates on which interest would have been charged thereon under | 8492 |
divisions (G)(1) and (2) of this section had the undertaking not | 8493 |
been in effect. | 8494 |
(3) If the full amount of the taxes due at either of the | 8495 |
times prescribed by division (F) of this section is paid within | 8496 |
ten days after such time, the county treasurer shall waive the | 8497 |
collection of and the county auditor shall remit one-half of the | 8498 |
penalty provided for in this division for failure to make that | 8499 |
payment by the prescribed time. | 8500 |
(4) The treasurer shall compile and deliver to the county | 8501 |
auditor a list of all tax payments the treasurer has received as | 8502 |
provided in division (G)(3) of this section. The list shall | 8503 |
include any information required by the auditor for the remission | 8504 |
of the penalties waived by the treasurer. The taxes so collected | 8505 |
shall be included in the settlement next succeeding the settlement | 8506 |
then in process. | 8507 |
(H)(1) | 8508 |
compile annually a "delinquent manufactured home tax list" | 8509 |
consisting of homes the county treasurer's records indicate have | 8510 |
taxes that were not paid within the time prescribed by divisions | 8511 |
(D)(3) and (F) of this section, have taxes that remain unpaid from | 8512 |
prior years, or have unpaid tax penalties or interest that have | 8513 |
been assessed. | 8514 |
(2) Within thirty days after the settlement under division | 8515 |
(H)(2) of section 321.24 of the Revised Code | 8516 |
the county auditor shall deliver a copy of the delinquent | 8517 |
manufactured home tax list to the county treasurer. The auditor | 8518 |
shall update and publish the delinquent manufactured home tax list | 8519 |
annually in the same manner as delinquent real property tax lists | 8520 |
are published. The county auditor | 8521 |
publishing the list among taxing districts in proportion to the | 8522 |
amount of delinquent manufactured home taxes so published that | 8523 |
each taxing district is entitled to receive upon collection of | 8524 |
those taxes, or the county auditor may charge the owner of a home | 8525 |
on the list a flat fee established under section 319.54 of the | 8526 |
Revised Code for the cost of publishing the list and, if the fee | 8527 |
is not paid, may place the fee upon the delinquent manufactured | 8528 |
home tax list as a lien on the listed home, to be collected as | 8529 |
other manufactured home taxes. | 8530 |
(3) When taxes, penalties, or interest are charged against a | 8531 |
person on the delinquent manufactured home tax list and are not | 8532 |
paid within sixty days after the list is delivered to the county | 8533 |
treasurer, the county treasurer shall, in addition to any other | 8534 |
remedy provided by law for the collection of taxes, penalties, and | 8535 |
interest, enforce collection of such taxes, penalties, and | 8536 |
interest by civil action in the name of the treasurer against the | 8537 |
owner for the recovery of the unpaid taxes following the | 8538 |
procedures for the recovery of delinquent real property taxes in | 8539 |
sections 323.25 to 323.28 of the Revised Code. The action may be | 8540 |
brought in municipal or county court, provided the amount charged | 8541 |
does not exceed the monetary limitations for original jurisdiction | 8542 |
for civil actions in those courts. | 8543 |
It is sufficient, having made proper parties to the suit, for | 8544 |
the county treasurer to allege in the treasurer's bill of | 8545 |
particulars or petition that the taxes stand chargeable on the | 8546 |
books of the county treasurer against such person, that they are | 8547 |
due and unpaid, and that such person is indebted in the amount of | 8548 |
taxes appearing to be due the county. The treasurer need not set | 8549 |
forth any other matter relating thereto. If it is found on the | 8550 |
trial of the action that the person is indebted to the state, | 8551 |
judgment shall be rendered in favor of the county treasurer | 8552 |
prosecuting the action. The judgment debtor is not entitled to the | 8553 |
benefit of any law for stay of execution or exemption of property | 8554 |
from levy or sale on execution in the enforcement of the judgment. | 8555 |
Upon the filing of an entry of confirmation of sale or an | 8556 |
order of forfeiture in a proceeding brought under this division, | 8557 |
title to the manufactured or mobile home shall be in the | 8558 |
purchaser. The clerk of courts shall issue a certificate of title | 8559 |
to the purchaser upon presentation of proof of filing of the entry | 8560 |
of confirmation or order and, in the case of a forfeiture, | 8561 |
presentation of the county auditor's certificate of sale. | 8562 |
(I) The total amount of taxes collected shall be distributed | 8563 |
in the following manner: four per cent shall be allowed as | 8564 |
compensation to the county auditor for the county auditor's | 8565 |
service in assessing the taxes; two per cent shall be allowed as | 8566 |
compensation to the county treasurer for the services the county | 8567 |
treasurer renders as a result of the tax levied by this section. | 8568 |
Such amounts shall be paid into the county treasury, to the credit | 8569 |
of the county general revenue fund, on the warrant of the county | 8570 |
auditor. Fees to be paid to the credit of the real estate | 8571 |
assessment fund shall be collected pursuant to division (C) of | 8572 |
section 319.54 of the Revised Code and paid into the county | 8573 |
treasury, on the warrant of the county auditor. The balance of the | 8574 |
taxes collected shall be distributed among the taxing subdivisions | 8575 |
of the county in which the taxes are collected and paid in the | 8576 |
same ratio as those taxes were collected for the benefit of the | 8577 |
taxing subdivision. The taxes levied and revenues collected under | 8578 |
this section shall be in lieu of any general property tax and any | 8579 |
tax levied with respect to the privilege of using or occupying a | 8580 |
manufactured or mobile home in this state except as provided in | 8581 |
sections 4503.04 and 5741.02 of the Revised Code. | 8582 |
(J) An agreement to purchase or a bill of sale for a | 8583 |
manufactured home shall show whether or not the furnishings and | 8584 |
equipment are included in the purchase price. | 8585 |
(K) If the county treasurer and the county prosecuting | 8586 |
attorney agree that an item charged on the delinquent manufactured | 8587 |
home tax list is uncollectible, they shall certify that | 8588 |
determination and the reasons to the county board of revision. If | 8589 |
the board determines the amount is uncollectible, it shall certify | 8590 |
its determination to the county auditor, who shall strike the item | 8591 |
from the list. | 8592 |
(L)(1) The county auditor shall appraise at its true value | 8593 |
any manufactured or mobile home in which ownership is transferred | 8594 |
or which first acquires situs in this state on or after January 1, | 8595 |
2000, and any manufactured or mobile home the owner of which has | 8596 |
elected, under division (D)(4) of this section, to have the home | 8597 |
taxed under division (D)(2) of this section. The true value shall | 8598 |
include the value of the home, any additions, and any fixtures, | 8599 |
but not any furnishings in the home. In determining the true value | 8600 |
of a manufactured or mobile home, the auditor shall consider all | 8601 |
facts and circumstances relating to the value of the home, | 8602 |
including its age, its capacity to function as a residence, any | 8603 |
obsolete characteristics, and other factors that may tend to prove | 8604 |
its true value. | 8605 |
(2)(a) If a manufactured or mobile home has been the subject | 8606 |
of an arm's length sale between a willing seller and a willing | 8607 |
buyer within a reasonable length of time prior to the | 8608 |
determination of true value, the county auditor shall consider the | 8609 |
sale price of the home to be the true value for taxation purposes. | 8610 |
(b) The sale price in an arm's length transaction between a | 8611 |
willing seller and a willing buyer shall not be considered the | 8612 |
true value of the home if either of the following occurred after | 8613 |
the sale: | 8614 |
(i) The home has lost value due to a casualty. | 8615 |
(ii) An addition or fixture has been added to the home. | 8616 |
(3) The county auditor shall have each home viewed and | 8617 |
appraised at least once in each six-year period in the same year | 8618 |
in which real property in the county is appraised pursuant to | 8619 |
Chapter 5713. of the Revised Code, and shall update the appraised | 8620 |
values in the third calendar year following the appraisal. The | 8621 |
person viewing or appraising a home may enter the home to | 8622 |
determine by actual view any additions or fixtures that have been | 8623 |
added since the last appraisal. In conducting the appraisals and | 8624 |
establishing the true value, the auditor shall follow the | 8625 |
procedures set forth for appraising real property in sections | 8626 |
5713.01 and 5713.03 of the Revised Code. | 8627 |
(4) The county auditor shall place the true value of each | 8628 |
home on the manufactured home tax list upon completion of an | 8629 |
appraisal. | 8630 |
(5)(a) If the county auditor changes the true value of a | 8631 |
home, the auditor shall notify the owner of the home in writing, | 8632 |
delivered by mail or in person. The notice shall be given at least | 8633 |
thirty days prior to the issuance of any tax bill that reflects | 8634 |
the change. Failure to receive the notice does not invalidate any | 8635 |
proceeding under this section. | 8636 |
(b) Any owner of a home or any other person or party listed | 8637 |
in division (A)(1) of section 5715.19 of the Revised Code may file | 8638 |
a complaint against the true value of the home as appraised under | 8639 |
this section. The complaint shall be filed with the county auditor | 8640 |
on or before the thirty-first day of March of the current tax year | 8641 |
or the date of closing of the collection for the first half of | 8642 |
manufactured home taxes for the current tax year, whichever is | 8643 |
later. The auditor shall present to the county board of revision | 8644 |
all complaints filed with the auditor under this section. The | 8645 |
board shall hear and investigate the complaint and may take action | 8646 |
on it as provided under sections 5715.11 to 5715.19 of the Revised | 8647 |
Code. | 8648 |
(c) If the county board of revision determines, pursuant to a | 8649 |
complaint against the valuation of a manufactured or mobile home | 8650 |
filed under this section, that the amount of taxes, assessments, | 8651 |
or other charges paid was in excess of the amount due based on the | 8652 |
valuation as finally determined, then the overpayment shall be | 8653 |
refunded in the manner prescribed in section 5715.22 of the | 8654 |
Revised Code. | 8655 |
(d) Payment of all or part of a tax under this section for | 8656 |
any year for which a complaint is pending before the county board | 8657 |
of revision does not abate the complaint or in any way affect the | 8658 |
hearing and determination thereof. | 8659 |
(M) If the county auditor determines that any tax or other | 8660 |
charge or any part thereof has been erroneously charged as a | 8661 |
result of a clerical error as defined in section 319.35 of the | 8662 |
Revised Code, the county auditor shall call the attention of the | 8663 |
county board of revision to the erroneous charges. If the board | 8664 |
finds that the taxes or other charges have been erroneously | 8665 |
charged or collected, it shall certify the finding to the auditor. | 8666 |
Upon receipt of the certification, the auditor shall remove the | 8667 |
erroneous charges on the manufactured home tax list or delinquent | 8668 |
manufactured home tax list in the same manner as is prescribed in | 8669 |
section 319.35 of the Revised Code for erroneous charges against | 8670 |
real property, and refund any erroneous charges that have been | 8671 |
collected, with interest, in the same manner as is prescribed in | 8672 |
section 319.36 of the Revised Code for erroneous charges against | 8673 |
real property. | 8674 |
(N) As used in this section and section 4503.061 of the | 8675 |
Revised Code: | 8676 |
(1) "Manufactured home taxes" includes taxes, penalties, and | 8677 |
interest charged under division (C) or (G) of this section and any | 8678 |
penalties charged under division (G) or (H)(5) of section 4503.061 | 8679 |
of the Revised Code. | 8680 |
(2) "Current taxes" means all manufactured home taxes charged | 8681 |
against a manufactured or mobile home that have not appeared on | 8682 |
the manufactured home tax list for any prior year. Current taxes | 8683 |
become delinquent taxes if they remain unpaid after the last day | 8684 |
prescribed for payment of the second installment of current taxes | 8685 |
without penalty, whether or not they have been certified | 8686 |
delinquent. | 8687 |
(3) "Delinquent taxes" means: | 8688 |
(a) Any manufactured home taxes that were charged against a | 8689 |
manufactured or mobile home for a prior year, including any | 8690 |
penalties or interest charged for a prior year and the costs of | 8691 |
publication under division (H)(2) of this section, and that remain | 8692 |
unpaid; | 8693 |
(b) Any current manufactured home taxes charged against a | 8694 |
manufactured or mobile home that remain unpaid after the last day | 8695 |
prescribed for payment of the second installment of current taxes | 8696 |
without penalty, whether or not they have been certified | 8697 |
delinquent, including any penalties or interest and the costs of | 8698 |
publication under division (H)(2) of this section. | 8699 |
Sec. 4504.02. For the purpose of paying the costs of | 8700 |
enforcing and administering the tax provided for in this section; | 8701 |
and for planning, constructing, improving, maintaining, and | 8702 |
repairing public roads, highways, and streets; maintaining and | 8703 |
repairing bridges and viaducts; paying the county's portion of the | 8704 |
costs and expenses of cooperating with the department of | 8705 |
transportation in the planning, improvement, and construction of | 8706 |
state highways; paying the county's portion of the compensation, | 8707 |
damages, cost, and expenses of planning, constructing, | 8708 |
reconstructing, improving, maintaining, and repairing roads; | 8709 |
paying any costs apportioned to the county under section 4907.47 | 8710 |
of the Revised Code; paying debt service charges on notes or bonds | 8711 |
of the county issued for such purposes; paying all or part of the | 8712 |
costs and expenses of municipal corporations in planning, | 8713 |
constructing, reconstructing, improving, maintaining, and | 8714 |
repairing highways, roads, and streets designated as necessary or | 8715 |
conducive to the orderly and efficient flow of traffic within and | 8716 |
through the county pursuant to section 4504.03 of the Revised | 8717 |
Code; purchasing, erecting, and maintaining street and traffic | 8718 |
signs and markers; purchasing, erecting, and maintaining traffic | 8719 |
lights and signals; and to supplement revenue already available | 8720 |
for such purposes, any county by resolution adopted by its board | 8721 |
of county commissioners may levy an annual license tax, in | 8722 |
addition to the tax levied by sections 4503.02, 4503.07, and | 8723 |
4503.18 of the Revised Code, upon the operation of motor vehicles | 8724 |
on the public roads or highways. Such tax shall be at the rate of | 8725 |
five dollars per motor vehicle on all motor vehicles the district | 8726 |
of registration of which, as defined in section 4503.10 of the | 8727 |
Revised Code, is located in the county levying the tax and shall | 8728 |
be in addition to the taxes at the rates specified in sections | 8729 |
4503.04 and 4503.16 of the Revised Code, subject to reductions in | 8730 |
the manner provided in section 4503.11 of the Revised Code and the | 8731 |
exemptions provided in sections 4503.16, 4503.17, 4503.171, | 8732 |
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code. | 8733 |
Prior to the adoption of any resolution under this section, | 8734 |
the board of county commissioners shall conduct two public | 8735 |
hearings thereon, the second hearing to be not less than three nor | 8736 |
more than ten days after the first. Notice of the date, time, and | 8737 |
place of such hearings shall be given by publication in a | 8738 |
newspaper of general circulation in the county or as provided in | 8739 |
section 7.16 of the Revised Code, once a week on the same day of | 8740 |
the week for two consecutive weeks, the second publication being | 8741 |
not less than ten nor more than thirty days prior to the first | 8742 |
hearing. | 8743 |
No resolution under this section shall become effective | 8744 |
sooner than thirty days following its adoption, and such | 8745 |
resolution is subject to a referendum as provided in sections | 8746 |
305.31 to 305.41 of the Revised Code, unless such resolution is | 8747 |
adopted as an emergency measure necessary for the immediate | 8748 |
preservation of the public peace, health, or safety, in which case | 8749 |
it shall go into immediate effect. Such emergency measure must | 8750 |
receive an affirmative vote of all of the members of the board of | 8751 |
county commissioners, and shall state the reasons for such | 8752 |
necessity. A resolution may direct the board of elections to | 8753 |
submit the question of levying the tax to the electors of the | 8754 |
county at the next primary or general election in the county | 8755 |
occurring not less than seventy-five days after such resolution is | 8756 |
certified to the board; no such resolution shall go into effect | 8757 |
unless approved by a majority of those voting upon it. | 8758 |
Sec. 4504.021. The question of repeal of a county permissive | 8759 |
tax adopted as an emergency measure pursuant to section 4504.02, | 8760 |
4504.15, or 4504.16 of the Revised Code may be initiated by filing | 8761 |
with the board of elections of the county not less than | 8762 |
seventy-five days before the general election in any year a | 8763 |
petition requesting that an election be held on such question. | 8764 |
Such petition shall be signed by qualified electors residing in | 8765 |
the county equal in number to ten per cent of those voting for | 8766 |
governor at the most recent gubernatorial election. | 8767 |
After determination by it that such petition is valid, the | 8768 |
board of elections shall submit the question to the electors of | 8769 |
the county at the next general election. The election shall be | 8770 |
conducted, canvassed, and certified in the same manner as regular | 8771 |
elections for county offices in the county. Notice of the election | 8772 |
shall be published in a newspaper of general circulation in the | 8773 |
district or as provided in section 7.16 of the Revised Code, once | 8774 |
a week for two consecutive weeks prior to the election | 8775 |
the board of elections operates and maintains a web site, notice | 8776 |
of the election also shall be posted on that web site for thirty | 8777 |
days prior to the election. The notice shall state the purpose, | 8778 |
time, and place of the election. The form of the ballot cast at | 8779 |
such election shall be prescribed by the secretary of state. The | 8780 |
question covered by such petition shall be submitted as a separate | 8781 |
proposition, but it may be printed on the same ballot with any | 8782 |
other proposition submitted at the same election other than the | 8783 |
election of officers. If a majority of the qualified electors | 8784 |
voting on the question of repeal approve the repeal, the result of | 8785 |
the election shall be certified immediately after the canvass by | 8786 |
the board of elections to the county commissioners, who shall | 8787 |
thereupon, after the current year, cease to levy the tax. | 8788 |
Sec. 4504.15. For the purpose of paying the costs of | 8789 |
enforcing and administering the tax provided for in this section; | 8790 |
for the various purposes stated in section 4504.02 of the Revised | 8791 |
Code; and to supplement revenue already available for those | 8792 |
purposes, any county may, by resolution adopted by its board of | 8793 |
county commissioners, levy an annual license tax, that shall be in | 8794 |
addition to the tax levied by sections 4503.02, 4503.07, and | 8795 |
4503.18 of the Revised Code, upon the operation of motor vehicles | 8796 |
upon the public roads and highways. The tax shall be at the rate | 8797 |
of five dollars per motor vehicle on all motor vehicles the | 8798 |
district of registration of which, as defined in section 4503.10 | 8799 |
of the Revised Code, is located in the county levying the tax but | 8800 |
is not located within any municipal corporation levying the tax | 8801 |
authorized by section 4504.17 of the Revised Code, and shall be in | 8802 |
addition to the taxes at the rates specified in sections 4503.04 | 8803 |
and 4503.16 of the Revised Code, subject to reductions in the | 8804 |
manner provided in section 4503.11 of the Revised Code and the | 8805 |
exemptions provided in sections 4503.16, 4503.17, 4503.171, | 8806 |
4503.41, and 4503.43 of the Revised Code. | 8807 |
Prior to the adoption of any resolution under this section, | 8808 |
the board of county commissioners shall conduct two public | 8809 |
hearings thereon, the second hearing to be not less than three nor | 8810 |
more than ten days after the first. Notice of the date, time, and | 8811 |
place of such hearings shall be given by publication in a | 8812 |
newspaper of general circulation in the county or as provided in | 8813 |
section 7.16 of the Revised Code, once a week for two consecutive | 8814 |
weeks, the second publication being not less than ten nor more | 8815 |
than thirty days prior to the first hearing. | 8816 |
No resolution under this section shall become effective | 8817 |
sooner than thirty days following its adoption, and such | 8818 |
resolution is subject to a referendum as provided in sections | 8819 |
305.31 to 305.41 of the Revised Code, unless the resolution is | 8820 |
adopted as an emergency measure necessary for the immediate | 8821 |
preservation of the public peace, health, or safety, in which case | 8822 |
it shall go into immediate effect. The emergency measure must | 8823 |
receive an affirmative vote of all of the members of the board of | 8824 |
county commissioners, and shall state the reasons for the | 8825 |
necessity. A resolution may direct the board of elections to | 8826 |
submit the question of levying the tax to the electors of the | 8827 |
county at the next primary or general election occurring not less | 8828 |
than seventy-five days after the resolution is certified to the | 8829 |
board; no such resolution shall go into effect unless approved by | 8830 |
a majority of those voting upon it. A county is not required to | 8831 |
enact the tax authorized by section 4504.02 of the Revised Code in | 8832 |
order to levy the tax authorized by this section, but no county | 8833 |
may have in effect the tax authorized by this section if it | 8834 |
repeals the tax authorized by section 4504.02 of the Revised Code | 8835 |
after April 1, 1987. | 8836 |
Sec. 4504.16. For the purpose of paying the costs of | 8837 |
enforcing and administering the tax provided for in this section; | 8838 |
for the various purposes stated in section 4504.02 of the Revised | 8839 |
Code; and to supplement revenue already available for those | 8840 |
purposes, any county that currently levies the tax authorized by | 8841 |
section 4504.15 of the Revised Code may, by resolution adopted by | 8842 |
its board of county commissioners, levy an annual license tax, | 8843 |
that shall be in addition to the tax levied by that section and by | 8844 |
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon | 8845 |
the operation of motor vehicles upon the public roads and | 8846 |
highways. The tax shall be at the rate of five dollars per motor | 8847 |
vehicle on all motor vehicles the district of registration of | 8848 |
which, as defined in section 4503.10 of the Revised Code, is | 8849 |
located in the county levying the tax but is not located within | 8850 |
any municipal corporation levying the tax authorized by section | 8851 |
4504.171 of the Revised Code, and shall be in addition to the | 8852 |
taxes at the rates specified in sections 4503.04 and 4503.16 of | 8853 |
the Revised Code, subject to reductions in the manner provided in | 8854 |
section 4503.11 of the Revised Code and the exemptions provided in | 8855 |
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the | 8856 |
Revised Code. | 8857 |
Prior to the adoption of any resolution under this section, | 8858 |
the board of county commissioners shall conduct two public | 8859 |
hearings thereon, the second hearing to be not less than three nor | 8860 |
more than ten days after the first. Notice of the date, time, and | 8861 |
place of such hearings shall be given by publication in a | 8862 |
newspaper of general circulation in the county or as provided in | 8863 |
section 7.16 of the Revised Code, once a week for two consecutive | 8864 |
weeks, the second publication being not less than ten nor more | 8865 |
than thirty days prior to the first hearing. | 8866 |
No resolution under this section shall become effective | 8867 |
sooner than thirty days following its adoption, and such | 8868 |
resolution is subject to a referendum as provided in sections | 8869 |
305.31 to 305.41 of the Revised Code, unless the resolution is | 8870 |
adopted as an emergency measure necessary for the immediate | 8871 |
preservation of the public peace, health, or safety, in which case | 8872 |
it shall go into immediate effect. The emergency measure must | 8873 |
receive an affirmative vote of all of the members of the board of | 8874 |
county commissioners, and shall state the reasons for the | 8875 |
necessity. A resolution may direct the board of elections to | 8876 |
submit the question of levying the tax to the electors of the | 8877 |
county at the next primary or general election occurring not less | 8878 |
than seventy-five days after the resolution is certified to the | 8879 |
board; no such resolution shall go into effect unless approved by | 8880 |
a majority of those voting upon it. | 8881 |
Nothing in this section or in section 4504.15 of the Revised | 8882 |
Code shall be interpreted as preventing a county from levying the | 8883 |
county motor vehicle license taxes authorized by such sections in | 8884 |
a single resolution. | 8885 |
Sec. 4504.18. For the purpose of paying the costs and | 8886 |
expenses of enforcing and administering the tax provided for in | 8887 |
this section; for the construction, reconstruction, improvement, | 8888 |
maintenance, and repair of township roads, bridges, and culverts; | 8889 |
for purchasing, erecting, and maintaining traffic signs, markers, | 8890 |
lights, and signals; for purchasing road machinery and equipment, | 8891 |
and planning, constructing, and maintaining suitable buildings to | 8892 |
house such equipment; for paying any costs apportioned to the | 8893 |
township under section 4907.47 of the Revised Code; and to | 8894 |
supplement revenue already available for such purposes, the board | 8895 |
of township trustees may levy an annual license tax, in addition | 8896 |
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the | 8897 |
Revised Code, upon the operation of motor vehicles on the public | 8898 |
roads and highways in the unincorporated territory of the | 8899 |
township. The tax shall be at the rate of five dollars per motor | 8900 |
vehicle on all motor vehicles the owners of which reside in the | 8901 |
unincorporated area of the township and shall be in addition to | 8902 |
the taxes at the rates specified in sections 4503.04 and 4503.16 | 8903 |
of the Revised Code, subject to reductions in the manner provided | 8904 |
in section 4503.11 of the Revised Code and the exemptions provided | 8905 |
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of | 8906 |
the Revised Code. | 8907 |
Prior to the adoption of any resolution under this section, | 8908 |
the board of township trustees shall conduct two public hearings | 8909 |
thereon, the second hearing to be not less than three nor more | 8910 |
than ten days after the first. Notice of the date, time, and place | 8911 |
of such hearings shall be given by publication in a newspaper of | 8912 |
general circulation in the township or as provided in section 7.16 | 8913 |
of the Revised Code, once a week on the same day of the week for | 8914 |
two consecutive weeks, the second publication being not less than | 8915 |
ten nor more than thirty days prior to the first hearing. | 8916 |
No resolution under this section shall become effective | 8917 |
sooner than thirty days following its adoption, and such | 8918 |
resolution is subject to a referendum in the same manner, except | 8919 |
as to the form of the petition, as provided in division (H) of | 8920 |
section 519.12 of the Revised Code for a proposed amendment to a | 8921 |
township zoning resolution. In addition, a petition under this | 8922 |
section shall be governed by the rules specified in section | 8923 |
3501.38 of the Revised Code. No resolution levying a tax under | 8924 |
this section for which a referendum vote has been requested shall | 8925 |
go into effect unless approved by a majority of those voting upon | 8926 |
it. | 8927 |
A township license tax levied under this section shall | 8928 |
continue in effect until repealed. | 8929 |
Sec. 4513.62. Unclaimed motor vehicles ordered into storage | 8930 |
pursuant to division (A)(1) of section 4513.60 or section 4513.61 | 8931 |
of the Revised Code shall be disposed of at the order of the | 8932 |
sheriff of the county or the chief of police of the municipal | 8933 |
corporation, township, or township police district to a motor | 8934 |
vehicle salvage dealer or scrap metal processing facility as | 8935 |
defined in section 4737.05 of the Revised Code, or to any other | 8936 |
facility owned by or under contract with the county, municipal | 8937 |
corporation, or township, for the disposal of such motor vehicles, | 8938 |
or shall be sold by the sheriff, chief of police, or licensed | 8939 |
auctioneer at public auction, after giving notice thereof by | 8940 |
advertisement, published once a week for two successive weeks in a | 8941 |
newspaper of general circulation in the county or as provided in | 8942 |
section 7.16 of the Revised Code. Any moneys accruing from the | 8943 |
disposition of an unclaimed motor vehicle that are in excess of | 8944 |
the expenses resulting from the removal and storage of the vehicle | 8945 |
shall be credited to the general fund of the county, the municipal | 8946 |
corporation, or the township, as the case may be. | 8947 |
Sec. 4582.31. (A) A port authority created in accordance | 8948 |
with section 4582.22 of the Revised Code may: | 8949 |
(1) Adopt bylaws for the regulation of its affairs and the | 8950 |
conduct of its business; | 8951 |
(2) Adopt an official seal; | 8952 |
(3) Maintain a principal office within its jurisdiction, and | 8953 |
maintain such branch offices as it may require; | 8954 |
(4) Acquire, construct, furnish, equip, maintain, repair, | 8955 |
sell, exchange, lease to or from, or lease with an option to | 8956 |
purchase, convey other interests in real or personal property, or | 8957 |
any combination thereof, related to, useful for, or in furtherance | 8958 |
of any authorized purpose and operate any property in connection | 8959 |
with transportation, recreational, governmental operations, or | 8960 |
cultural activities; | 8961 |
(5) Straighten, deepen, and improve any channel, river, | 8962 |
stream, or other water course or way which may be necessary or | 8963 |
proper in the development of the facilities of a port authority; | 8964 |
(6) Make available the use or services of any port authority | 8965 |
facility to one or more persons, one or more governmental | 8966 |
agencies, or any combination thereof; | 8967 |
(7) Issue bonds or notes for the acquisition, construction, | 8968 |
furnishing, or equipping of any port authority facility or other | 8969 |
permanent improvement that a port authority is authorized to | 8970 |
acquire, construct, furnish, or equip, in compliance with Chapter | 8971 |
133. of the Revised Code, except that such bonds or notes may only | 8972 |
be issued pursuant to a vote of the electors residing within the | 8973 |
area of jurisdiction of the port authority. The net indebtedness | 8974 |
incurred by a port authority shall never exceed two per cent of | 8975 |
the total value of all property within the territory comprising | 8976 |
the port authority as listed and assessed for taxation. | 8977 |
(8) Issue port authority revenue bonds beyond the limit of | 8978 |
bonded indebtedness provided by law, payable solely from revenues | 8979 |
as provided in section 4582.48 of the Revised Code, for the | 8980 |
purpose of providing funds to pay the costs of any port authority | 8981 |
facility or facilities or parts thereof; | 8982 |
(9) Apply to the proper authorities of the United States | 8983 |
pursuant to appropriate law for the right to establish, operate, | 8984 |
and maintain foreign trade zones and establish, operate, and | 8985 |
maintain foreign trade zones and to acquire, exchange, sell, lease | 8986 |
to or from, lease with an option to purchase, or operate | 8987 |
facilities, land, or property therefor in accordance with the | 8988 |
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to | 8989 |
81u; | 8990 |
(10) Enjoy and possess the same rights, privileges, and | 8991 |
powers granted municipal corporations under sections 721.04 to | 8992 |
721.11 of the Revised Code; | 8993 |
(11) Maintain such funds as it considers necessary; | 8994 |
(12) Direct its agents or employees, when properly identified | 8995 |
in writing, and after at least five days' written notice, to enter | 8996 |
upon lands within the confines of its jurisdiction in order to | 8997 |
make surveys and examinations preliminary to location and | 8998 |
construction of works for the purposes of the port authority, | 8999 |
without liability of the port authority or its agents or employees | 9000 |
except for actual damage done; | 9001 |
(13) Promote, advertise, and publicize the port authority and | 9002 |
its facilities; provide information to shippers and other | 9003 |
commercial interests; and appear before rate-making authorities to | 9004 |
represent and promote the interests of the port authority; | 9005 |
(14) Adopt rules, not in conflict with general law, it finds | 9006 |
necessary or incidental to the performance of its duties and the | 9007 |
execution of its powers under sections 4582.21 to 4582.54 of the | 9008 |
Revised Code. Any such rule shall be posted at no less than five | 9009 |
public places in the port authority, as determined by the board of | 9010 |
directors, for a period of not fewer than fifteen days, and shall | 9011 |
be available for public inspection at the principal office of the | 9012 |
port authority during regular business hours. No person shall | 9013 |
violate any lawful rule adopted and posted as provided in this | 9014 |
division. | 9015 |
(15) Do any of the following, in regard to any interests in | 9016 |
any real or personal property, or any combination thereof, | 9017 |
including, without limitation, machinery, equipment, plants, | 9018 |
factories, offices, and other structures and facilities related | 9019 |
to, useful for, or in furtherance of any authorized purpose, for | 9020 |
such consideration and in such manner, consistent with Article | 9021 |
VIII of the Ohio Constitution, as the board in its sole discretion | 9022 |
may determine: | 9023 |
(a) Loan moneys to any person or governmental entity for the | 9024 |
acquisition, construction, furnishing, and equipping of the | 9025 |
property; | 9026 |
(b) Acquire, construct, maintain, repair, furnish, and equip | 9027 |
the property; | 9028 |
(c) Sell to, exchange with, lease, convey other interests in, | 9029 |
or lease with an option to purchase the same or any lesser | 9030 |
interest in the property to the same or any other person or | 9031 |
governmental entity; | 9032 |
(d) Guarantee the obligations of any person or governmental | 9033 |
entity. | 9034 |
A port authority may accept and hold as consideration for the | 9035 |
conveyance of property or any interest therein such property or | 9036 |
interests therein as the board in its discretion may determine, | 9037 |
notwithstanding any restrictions that apply to the investment of | 9038 |
funds by a port authority. | 9039 |
(16) Sell, lease, or convey other interests in real and | 9040 |
personal property, and grant easements or rights-of-way over | 9041 |
property of the port authority. The board of directors shall | 9042 |
specify the consideration and any terms for the sale, lease, or | 9043 |
conveyance of other interests in real and personal property. Any | 9044 |
determination made by the board under this division shall be | 9045 |
conclusive. The sale, lease, or conveyance may be made without | 9046 |
advertising and the receipt of bids. | 9047 |
(17) Exercise the right of eminent domain to appropriate any | 9048 |
land, rights, rights-of-way, franchises, easements, or other | 9049 |
property, necessary or proper for any authorized purpose, pursuant | 9050 |
to the procedure provided in sections 163.01 to 163.22 of the | 9051 |
Revised Code, if funds equal to the appraised value of the | 9052 |
property to be acquired as a result of such proceedings are | 9053 |
available for that purpose. However, nothing contained in sections | 9054 |
4582.201 to 4582.59 of the Revised Code shall authorize a port | 9055 |
authority to take or disturb property or facilities belonging to | 9056 |
any agency or political subdivision of this state, public utility, | 9057 |
or common carrier, which property or facilities are necessary and | 9058 |
convenient in the operation of the agency or political | 9059 |
subdivision, public utility, or common carrier, unless provision | 9060 |
is made for the restoration, relocation, or duplication of such | 9061 |
property or facilities, or upon the election of the agency or | 9062 |
political subdivision, public utility, or common carrier, for the | 9063 |
payment of compensation, if any, at the sole cost of the port | 9064 |
authority, provided that: | 9065 |
(a) If any restoration or duplication proposed to be made | 9066 |
under this section involves a relocation of the property or | 9067 |
facilities, the new facilities and location shall be of at least | 9068 |
comparable utilitarian value and effectiveness and shall not | 9069 |
impair the ability of the public utility or common carrier to | 9070 |
compete in its original area of operation; | 9071 |
(b) If any restoration or duplication made under this section | 9072 |
involves a relocation of the property or facilities, the port | 9073 |
authority shall acquire no interest or right in or to the | 9074 |
appropriated property or facilities, except as provided in | 9075 |
division (O) of this section, until the relocated property or | 9076 |
facilities are available for use and until marketable title | 9077 |
thereto has been transferred to the public utility or common | 9078 |
carrier. | 9079 |
(18)(a) Make and enter into all contracts and agreements and | 9080 |
execute all instruments necessary or incidental to the performance | 9081 |
of its duties and the execution of its powers under sections | 9082 |
4582.21 to 4582.59 of the Revised Code. | 9083 |
(b) Except as provided in division (A)(18)(c) of this | 9084 |
section, when the cost of a contract for the construction of any | 9085 |
building, structure, or other improvement undertaken by a port | 9086 |
authority involves an expenditure exceeding twenty-five thousand | 9087 |
dollars, and the port authority is the contracting entity, the | 9088 |
port authority shall make a written contract after notice calling | 9089 |
for bids for the award of the contract has been given by | 9090 |
publication twice, with at least seven days between publications, | 9091 |
in a newspaper of general circulation in the area of the port | 9092 |
authority or as provided in section 7.16 of the Revised Code. Each | 9093 |
such contract shall be let to the lowest responsive and | 9094 |
responsible bidder in accordance with section 9.312 of the Revised | 9095 |
Code. Every contract shall be accompanied by or shall refer to | 9096 |
plans and specifications for the work to be done, prepared for and | 9097 |
approved by the port authority, signed by an authorized officer of | 9098 |
the port authority and by the contractor, and shall be executed in | 9099 |
triplicate. | 9100 |
Each bid shall be awarded in accordance with sections 153.54, | 9101 |
153.57, and 153.571 of the Revised Code. The port authority may | 9102 |
reject any and all bids. | 9103 |
(c) The board of directors by rule may provide criteria for | 9104 |
the negotiation and award without competitive bidding of any | 9105 |
contract as to which the port authority is the contracting entity | 9106 |
for the construction of any building or structure or other | 9107 |
improvement under any of the following circumstances: | 9108 |
(i) There exists a real and present emergency that threatens | 9109 |
damage or injury to persons or property of the port authority or | 9110 |
other persons, provided that a statement specifying the nature of | 9111 |
the emergency that is the basis for the negotiation and award of a | 9112 |
contract without competitive bidding shall be signed by the | 9113 |
officer of the port authority that executes that contract at the | 9114 |
time of the contract's execution and shall be attached to the | 9115 |
contract. | 9116 |
(ii) A commonly recognized industry or other standard or | 9117 |
specification does not exist and cannot objectively be articulated | 9118 |
for the improvement. | 9119 |
(iii) The contract is for any energy conservation measure as | 9120 |
defined in section 307.041 of the Revised Code. | 9121 |
(iv) With respect to material to be incorporated into the | 9122 |
improvement, only a single source or supplier exists for the | 9123 |
material. | 9124 |
(v) A single bid is received by the port authority after | 9125 |
complying with the provisions of division (A)(18)(b) of this | 9126 |
section. | 9127 |
(d)(i) If a contract is to be negotiated and awarded without | 9128 |
competitive bidding for the reason set forth in division | 9129 |
(A)(18)(c)(ii) of this section, the port authority shall publish a | 9130 |
notice calling for technical proposals | 9131 |
least seven days between publications, in a newspaper of general | 9132 |
circulation in the area of the port authority or as provided in | 9133 |
section 7.16 of the Revised Code. After receipt of the technical | 9134 |
proposals, the port authority may negotiate with and award a | 9135 |
contract for the improvement to the proposer making the proposal | 9136 |
considered to be the most advantageous to the port authority. | 9137 |
(ii) If a contract is to be negotiated and awarded without | 9138 |
competitive bidding for the reason set forth in division | 9139 |
(A)(18)(c)(iv) of this section, any construction activities | 9140 |
related to the incorporation of the material into the improvement | 9141 |
also may be provided without competitive bidding by the source or | 9142 |
supplier of that material. | 9143 |
(e)(i) Any purchase, exchange, sale, lease, lease with an | 9144 |
option to purchase, conveyance of other interests in, or other | 9145 |
contract with a person or governmental entity that pertains to the | 9146 |
acquisition, construction, maintenance, repair, furnishing, | 9147 |
equipping, or operation of any real or personal property, or any | 9148 |
combination thereof, related to, useful for, or in furtherance of | 9149 |
an activity contemplated by Section 13 or 16 of Article VIII, Ohio | 9150 |
Constitution, shall be made in such manner and subject to such | 9151 |
terms and conditions as may be determined by the board of | 9152 |
directors in its discretion. | 9153 |
(ii) Division (A)(18)(e)(i) of this section applies to all | 9154 |
contracts that are subject to the division, notwithstanding any | 9155 |
other provision of law that might otherwise apply, including, | 9156 |
without limitation, any requirement of notice, any requirement of | 9157 |
competitive bidding or selection, or any requirement for the | 9158 |
provision of security. | 9159 |
(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not | 9160 |
apply to either of the following: any contract secured by or to be | 9161 |
paid from moneys raised by taxation or the proceeds of obligations | 9162 |
secured by a pledge of moneys raised by taxation; or any contract | 9163 |
secured exclusively by or to be paid exclusively from the general | 9164 |
revenues of the port authority. For the purposes of this section, | 9165 |
any revenues derived by the port authority under a lease or other | 9166 |
agreement that, by its terms, contemplates the use of amounts | 9167 |
payable under the agreement either to pay the costs of the | 9168 |
improvement that is the subject of the contract or to secure | 9169 |
obligations of the port authority issued to finance costs of such | 9170 |
improvement, are excluded from general revenues. | 9171 |
(19) Employ managers, superintendents, and other employees | 9172 |
and retain or contract with consulting engineers, financial | 9173 |
consultants, accounting experts, architects, attorneys, and any | 9174 |
other consultants and independent contractors as are necessary in | 9175 |
its judgment to carry out this chapter, and fix the compensation | 9176 |
thereof. All expenses thereof shall be payable from any available | 9177 |
funds of the port authority or from funds appropriated for that | 9178 |
purpose by a political subdivision creating or participating in | 9179 |
the creation of the port authority. | 9180 |
(20) Receive and accept from any state or federal agency | 9181 |
grants and loans for or in aid of the construction of any port | 9182 |
authority facility or for research and development with respect to | 9183 |
port authority facilities, and receive and accept aid or | 9184 |
contributions from any source of money, property, labor, or other | 9185 |
things of value, to be held, used, and applied only for the | 9186 |
purposes for which the grants and contributions are made; | 9187 |
(21) Engage in research and development with respect to port | 9188 |
authority facilities; | 9189 |
(22) Purchase fire and extended coverage and liability | 9190 |
insurance for any port authority facility and for the principal | 9191 |
office and branch offices of the port authority, insurance | 9192 |
protecting the port authority and its officers and employees | 9193 |
against liability for damage to property or injury to or death of | 9194 |
persons arising from its operations, and any other insurance the | 9195 |
port authority may agree to provide under any resolution | 9196 |
authorizing its port authority revenue bonds or in any trust | 9197 |
agreement securing the same; | 9198 |
(23) Charge, alter, and collect rentals and other charges for | 9199 |
the use or services of any port authority facility as provided in | 9200 |
section 4582.43 of the Revised Code; | 9201 |
(24) Provide coverage for its employees under Chapters 145., | 9202 |
4123., and 4141. of the Revised Code; | 9203 |
(25) Do all acts necessary or proper to carry out the powers | 9204 |
expressly granted in sections 4582.21 to 4582.59 of the Revised | 9205 |
Code. | 9206 |
(B) Any instrument by which real property is acquired | 9207 |
pursuant to this section shall identify the agency of the state | 9208 |
that has the use and benefit of the real property as specified in | 9209 |
section 5301.012 of the Revised Code. | 9210 |
(C) Whoever violates division (A)(14) of this section is | 9211 |
guilty of a minor misdemeanor. | 9212 |
Sec. 4585.10. The officer holding a writ for the sale of a | 9213 |
watercraft, its apparel, or furniture, before | 9214 |
proceeding to sell it, shall give public notice of the time and | 9215 |
place of sale for at least ten days previous thereto or as | 9216 |
provided in section 7.16 of the Revised Code, by advertisement in | 9217 |
a newspaper | 9218 |
advertisement posted in at least five public places in the county. | 9219 |
Such sales shall be conducted, and the court shall have the same | 9220 |
power over them as sales upon execution. | 9221 |
Sec. 4928.20. (A) The legislative authority of a municipal | 9222 |
corporation may adopt an ordinance, or the board of township | 9223 |
trustees of a township or the board of county commissioners of a | 9224 |
county may adopt a resolution, under which, on or after the | 9225 |
starting date of competitive retail electric service, it may | 9226 |
aggregate in accordance with this section the retail electrical | 9227 |
loads located, respectively, within the municipal corporation, | 9228 |
township, or unincorporated area of the county and, for that | 9229 |
purpose, may enter into service agreements to facilitate for those | 9230 |
loads the sale and purchase of electricity. The legislative | 9231 |
authority or board also may exercise such authority jointly with | 9232 |
any other such legislative authority or board. For customers that | 9233 |
are not mercantile customers, an ordinance or resolution under | 9234 |
this division shall specify whether the aggregation will occur | 9235 |
only with the prior, affirmative consent of each person owning, | 9236 |
occupying, controlling, or using an electric load center proposed | 9237 |
to be aggregated or will occur automatically for all such persons | 9238 |
pursuant to the opt-out requirements of division (D) of this | 9239 |
section. The aggregation of mercantile customers shall occur only | 9240 |
with the prior, affirmative consent of each such person owning, | 9241 |
occupying, controlling, or using an electric load center proposed | 9242 |
to be aggregated. Nothing in this division, however, authorizes | 9243 |
the aggregation of the retail electric loads of an electric load | 9244 |
center, as defined in section 4933.81 of the Revised Code, that is | 9245 |
located in the certified territory of a nonprofit electric | 9246 |
supplier under sections 4933.81 to 4933.90 of the Revised Code or | 9247 |
an electric load center served by transmission or distribution | 9248 |
facilities of a municipal electric utility. | 9249 |
(B) If an ordinance or resolution adopted under division (A) | 9250 |
of this section specifies that aggregation of customers that are | 9251 |
not mercantile customers will occur automatically as described in | 9252 |
that division, the ordinance or resolution shall direct the board | 9253 |
of elections to submit the question of the authority to aggregate | 9254 |
to the electors of the respective municipal corporation, township, | 9255 |
or unincorporated area of a county at a special election on the | 9256 |
day of the next primary or general election in the municipal | 9257 |
corporation, township, or county. The legislative authority or | 9258 |
board shall certify a copy of the ordinance or resolution to the | 9259 |
board of elections not less than seventy-five days before the day | 9260 |
of the special election. No ordinance or resolution adopted under | 9261 |
division (A) of this section that provides for an election under | 9262 |
this division shall take effect unless approved by a majority of | 9263 |
the electors voting upon the ordinance or resolution at the | 9264 |
election held pursuant to this division. | 9265 |
(C) Upon the applicable requisite authority under divisions | 9266 |
(A) and (B) of this section, the legislative authority or board | 9267 |
shall develop a plan of operation and governance for the | 9268 |
aggregation program so authorized. Before adopting a plan under | 9269 |
this division, the legislative authority or board shall hold at | 9270 |
least two public hearings on the plan. Before the first hearing, | 9271 |
the legislative authority or board shall publish notice of the | 9272 |
hearings once a week for two consecutive weeks in a newspaper of | 9273 |
general circulation in the jurisdiction or as provided in section | 9274 |
7.16 of the Revised Code. The notice shall summarize the plan and | 9275 |
state the date, time, and location of each hearing. | 9276 |
(D) No legislative authority or board, pursuant to an | 9277 |
ordinance or resolution under divisions (A) and (B) of this | 9278 |
section that provides for automatic aggregation of customers that | 9279 |
are not mercantile customers as described in division (A) of this | 9280 |
section, shall aggregate the electrical load of any electric load | 9281 |
center located within its jurisdiction unless it in advance | 9282 |
clearly discloses to the person owning, occupying, controlling, or | 9283 |
using the load center that the person will be enrolled | 9284 |
automatically in the aggregation program and will remain so | 9285 |
enrolled unless the person affirmatively elects by a stated | 9286 |
procedure not to be so enrolled. The disclosure shall state | 9287 |
prominently the rates, charges, and other terms and conditions of | 9288 |
enrollment. The stated procedure shall allow any person enrolled | 9289 |
in the aggregation program the opportunity to opt out of the | 9290 |
program every three years, without paying a switching fee. Any | 9291 |
such person that opts out before the commencement of the | 9292 |
aggregation program pursuant to the stated procedure shall default | 9293 |
to the standard service offer provided under section 4928.14 or | 9294 |
division (D) of section 4928.35 of the Revised Code until the | 9295 |
person chooses an alternative supplier. | 9296 |
(E)(1) With respect to a governmental aggregation for a | 9297 |
municipal corporation that is authorized pursuant to divisions (A) | 9298 |
to (D) of this section, resolutions may be proposed by initiative | 9299 |
or referendum petitions in accordance with sections 731.28 to | 9300 |
731.41 of the Revised Code. | 9301 |
(2) With respect to a governmental aggregation for a township | 9302 |
or the unincorporated area of a county, which aggregation is | 9303 |
authorized pursuant to divisions (A) to (D) of this section, | 9304 |
resolutions may be proposed by initiative or referendum petitions | 9305 |
in accordance with sections 731.28 to 731.40 of the Revised Code, | 9306 |
except that: | 9307 |
(a) The petitions shall be filed, respectively, with the | 9308 |
township fiscal officer or the board of county commissioners, who | 9309 |
shall perform those duties imposed under those sections upon the | 9310 |
city auditor or village clerk. | 9311 |
(b) The petitions shall contain the signatures of not less | 9312 |
than ten per cent of the total number of electors in, | 9313 |
respectively, the township or the unincorporated area of the | 9314 |
county who voted for the office of governor at the preceding | 9315 |
general election for that office in that area. | 9316 |
(F) A governmental aggregator under division (A) of this | 9317 |
section is not a public utility engaging in the wholesale purchase | 9318 |
and resale of electricity, and provision of the aggregated service | 9319 |
is not a wholesale utility transaction. A governmental aggregator | 9320 |
shall be subject to supervision and regulation by the public | 9321 |
utilities commission only to the extent of any competitive retail | 9322 |
electric service it provides and commission authority under this | 9323 |
chapter. | 9324 |
(G) This section does not apply in the case of a municipal | 9325 |
corporation that supplies such aggregated service to electric load | 9326 |
centers to which its municipal electric utility also supplies a | 9327 |
noncompetitive retail electric service through transmission or | 9328 |
distribution facilities the utility singly or jointly owns or | 9329 |
operates. | 9330 |
(H) A governmental aggregator shall not include in its | 9331 |
aggregation the accounts of any of the following: | 9332 |
(1) A customer that has opted out of the aggregation; | 9333 |
(2) A customer in contract with a certified electric services | 9334 |
company; | 9335 |
(3) A customer that has a special contract with an electric | 9336 |
distribution utility; | 9337 |
(4) A customer that is not located within the governmental | 9338 |
aggregator's governmental boundaries; | 9339 |
(5) Subject to division (C) of section 4928.21 of the Revised | 9340 |
Code, a customer who appears on the "do not aggregate" list | 9341 |
maintained under that section. | 9342 |
(I) Customers that are part of a governmental aggregation | 9343 |
under this section shall be responsible only for such portion of a | 9344 |
surcharge under section 4928.144 of the Revised Code that is | 9345 |
proportionate to the benefits, as determined by the commission, | 9346 |
that electric load centers within the jurisdiction of the | 9347 |
governmental aggregation as a group receive. The proportionate | 9348 |
surcharge so established shall apply to each customer of the | 9349 |
governmental aggregation while the customer is part of that | 9350 |
aggregation. If a customer ceases being such a customer, the | 9351 |
otherwise applicable surcharge shall apply. Nothing in this | 9352 |
section shall result in less than full recovery by an electric | 9353 |
distribution utility of any surcharge authorized under section | 9354 |
4928.144 of the Revised Code. | 9355 |
(J) On behalf of the customers that are part of a | 9356 |
governmental aggregation under this section and by filing written | 9357 |
notice with the public utilities commission, the legislative | 9358 |
authority that formed or is forming that governmental aggregation | 9359 |
may elect not to receive standby service within the meaning of | 9360 |
division (B)(2)(d) of section 4928.143 of the Revised Code from an | 9361 |
electric distribution utility in whose certified territory the | 9362 |
governmental aggregation is located and that operates under an | 9363 |
approved electric security plan under that section. Upon the | 9364 |
filing of that notice, the electric distribution utility shall not | 9365 |
charge any such customer to whom competitive retail electric | 9366 |
generation service is provided by another supplier under the | 9367 |
governmental aggregation for the standby service. Any such | 9368 |
consumer that returns to the utility for competitive retail | 9369 |
electric service shall pay the market price of power incurred by | 9370 |
the utility to serve that consumer plus any amount attributable to | 9371 |
the utility's cost of compliance with the alternative energy | 9372 |
resource provisions of section 4928.64 of the Revised Code to | 9373 |
serve the consumer. Such market price shall include, but not be | 9374 |
limited to, capacity and energy charges; all charges associated | 9375 |
with the provision of that power supply through the regional | 9376 |
transmission organization, including, but not limited to, | 9377 |
transmission, ancillary services, congestion, and settlement and | 9378 |
administrative charges; and all other costs incurred by the | 9379 |
utility that are associated with the procurement, provision, and | 9380 |
administration of that power supply, as such costs may be approved | 9381 |
by the commission. The period of time during which the market | 9382 |
price and alternative energy resource amount shall be so assessed | 9383 |
on the consumer shall be from the time the consumer so returns to | 9384 |
the electric distribution utility until the expiration of the | 9385 |
electric security plan. However, if that period of time is | 9386 |
expected to be more than two years, the commission may reduce the | 9387 |
time period to a period of not less than two years. | 9388 |
(K) The commission shall adopt rules to encourage and promote | 9389 |
large-scale governmental aggregation in this state. For that | 9390 |
purpose, the commission shall conduct an immediate review of any | 9391 |
rules it has adopted for the purpose of this section that are in | 9392 |
effect on the effective date of the amendment of this section by | 9393 |
S.B. 221 of the 127th general assembly, July 31, 2008. Further, | 9394 |
within the context of an electric security plan under section | 9395 |
4928.143 of the Revised Code, the commission shall consider the | 9396 |
effect on large-scale governmental aggregation of any | 9397 |
nonbypassable generation charges, however collected, that would be | 9398 |
established under that plan, except any nonbypassable generation | 9399 |
charges that relate to any cost incurred by the electric | 9400 |
distribution utility, the deferral of which has been authorized by | 9401 |
the commission prior to the effective date of the amendment of | 9402 |
this section by S.B. 221 of the 127th general assembly, July 31, | 9403 |
2008. | 9404 |
Sec. 4929.26. (A)(1) The legislative authority of a | 9405 |
municipal corporation may adopt an ordinance, or the board of | 9406 |
township trustees of a township or the board of county | 9407 |
commissioners of a county may adopt a resolution, under which, in | 9408 |
accordance with this section and except as otherwise provided in | 9409 |
division (A)(2) of this section, the legislative authority or | 9410 |
board may aggregate automatically, subject to the opt-out | 9411 |
requirements of division (D) of this section, competitive retail | 9412 |
natural gas service for the retail natural gas loads that are | 9413 |
located, respectively, within the municipal corporation, township, | 9414 |
or unincorporated area of the county and for which there is a | 9415 |
choice of supplier of that service as a result of revised | 9416 |
schedules approved under division (C) of section 4929.29 of the | 9417 |
Revised Code, a rule or order adopted or issued by the commission | 9418 |
under Chapter 4905. of the Revised Code, or an exemption granted | 9419 |
by the commission under sections 4929.04 to 4929.08 of the Revised | 9420 |
Code. An ordinance or a resolution adopted under this section | 9421 |
shall expressly state that it is adopted pursuant to the authority | 9422 |
conferred by this section. The legislative authority or board also | 9423 |
may exercise its authority under this section jointly with any | 9424 |
other such legislative authority or board. For the purpose of the | 9425 |
aggregation, the legislative authority or board may enter into | 9426 |
service agreements to facilitate the sale and purchase of the | 9427 |
service for the retail natural gas loads. | 9428 |
(2)(a) No aggregation under an ordinance or resolution | 9429 |
adopted under division (A)(1) of this section shall include the | 9430 |
retail natural gas load of any person that meets any of the | 9431 |
following criteria: | 9432 |
(i) The person is both a distribution service customer and a | 9433 |
mercantile customer on the date of commencement of service to the | 9434 |
aggregated load, or the person becomes a distribution service | 9435 |
customer after that date and also is a mercantile customer. | 9436 |
(ii) The person is supplied with commodity sales service | 9437 |
pursuant to a contract with a retail natural gas supplier that is | 9438 |
in effect on the effective date of the ordinance or resolution. | 9439 |
(iii) The person is supplied with commodity sales service as | 9440 |
part of a retail natural gas load aggregation provided for | 9441 |
pursuant to a rule or order adopted or issued by the commission | 9442 |
under this chapter or Chapter 4905. of the Revised Code. | 9443 |
(b) Nothing in division (A)(2)(a) of this section precludes a | 9444 |
governmental aggregation under this section from permitting the | 9445 |
retail natural gas load of a person described in division | 9446 |
(A)(2)(a) of this section from being included in the aggregation | 9447 |
upon the expiration of any contract or aggregation as described in | 9448 |
division (A)(2)(a)(ii) or (iii) of this section or upon the person | 9449 |
no longer being a customer as described in division (A)(2)(a)(i) | 9450 |
of this section or qualifying to be included in an aggregation | 9451 |
described under division (A)(2)(a)(iii) of this section. | 9452 |
(B) An ordinance or resolution adopted under division (A) of | 9453 |
this section shall direct the board of elections to submit the | 9454 |
question of the authority to aggregate to the electors of the | 9455 |
respective municipal corporation, township, or unincorporated area | 9456 |
of a county at a special election on the day of the next primary | 9457 |
or general election in the municipal corporation, township, or | 9458 |
county. The legislative authority or board shall certify a copy of | 9459 |
the ordinance or resolution to the board of elections not less | 9460 |
than seventy-five days before the day of the special election. No | 9461 |
ordinance or resolution adopted under division (A) of this section | 9462 |
that provides for an election under this division shall take | 9463 |
effect unless approved by a majority of the electors voting upon | 9464 |
the ordinance or resolution at the election held pursuant to this | 9465 |
division. | 9466 |
(C) Upon the applicable requisite authority under divisions | 9467 |
(A) and (B) of this section, the legislative authority or board | 9468 |
shall develop a plan of operation and governance for the | 9469 |
aggregation program so authorized. Before adopting a plan under | 9470 |
this division, the legislative authority or board shall hold at | 9471 |
least two public hearings on the plan. Before the first hearing, | 9472 |
the legislative authority or board shall publish notice of the | 9473 |
hearings once a week for two consecutive weeks in a newspaper of | 9474 |
general circulation in the jurisdiction or as provided in section | 9475 |
7.16 of the Revised Code. The notice shall summarize the plan and | 9476 |
state the date, time, and location of each hearing. | 9477 |
(D) No legislative authority or board, pursuant to an | 9478 |
ordinance or resolution under divisions (A) and (B) of this | 9479 |
section, shall aggregate any retail natural gas load located | 9480 |
within its jurisdiction unless it in advance clearly discloses to | 9481 |
the person whose retail natural gas load is to be so aggregated | 9482 |
that the person will be enrolled automatically in the aggregation | 9483 |
and will remain so enrolled unless the person affirmatively elects | 9484 |
by a stated procedure not to be so enrolled. The disclosure shall | 9485 |
state prominently the rates, charges, and other terms and | 9486 |
conditions of enrollment. The stated procedure shall allow any | 9487 |
person enrolled in the aggregation the opportunity to opt out of | 9488 |
the aggregation every two years, without paying a switching fee. | 9489 |
Any such person that opts out of the aggregation pursuant to the | 9490 |
stated procedure shall default to the natural gas company | 9491 |
providing distribution service for the person's retail natural gas | 9492 |
load, until the person chooses an alternative supplier. | 9493 |
(E)(1) With respect to a governmental aggregation for a | 9494 |
municipal corporation that is authorized pursuant to divisions (A) | 9495 |
to (D) of this section, resolutions may be proposed by initiative | 9496 |
or referendum petitions in accordance with sections 731.28 to | 9497 |
731.41 of the Revised Code. | 9498 |
(2) With respect to a governmental aggregation for a township | 9499 |
or the unincorporated area of a county, which aggregation is | 9500 |
authorized pursuant to divisions (A) to (D) of this section, | 9501 |
resolutions may be proposed by initiative or referendum petitions | 9502 |
in accordance with sections 731.28 to 731.40 of the Revised Code, | 9503 |
except that: | 9504 |
(a) The petitions shall be filed, respectively, with the | 9505 |
township fiscal officer or the board of county commissioners, who | 9506 |
shall perform those duties imposed under those sections upon the | 9507 |
city auditor or village clerk. | 9508 |
(b) The petitions shall contain the signatures of not less | 9509 |
than ten per cent of the total number of electors in the township | 9510 |
or the unincorporated area of the county, respectively, who voted | 9511 |
for the office of governor at the preceding general election for | 9512 |
that office in that area. | 9513 |
(F) A governmental aggregator under division (A) of this | 9514 |
section is not a public utility engaging in the wholesale purchase | 9515 |
and resale of natural gas, and provision of the aggregated service | 9516 |
is not a wholesale utility transaction. A governmental aggregator | 9517 |
shall be subject to supervision and regulation by the public | 9518 |
utilities commission only to the extent of any competitive retail | 9519 |
natural gas service it provides and commission authority under | 9520 |
this chapter. | 9521 |
Sec. 4929.27. (A)(1) The legislative authority of a | 9522 |
municipal corporation may adopt an ordinance, or the board of | 9523 |
township trustees of a township or the board of county | 9524 |
commissioners of a county may adopt a resolution, under which, in | 9525 |
accordance with this section and except as otherwise provided in | 9526 |
division (A)(2) of this section, the legislative authority or | 9527 |
board may aggregate, with the prior consent of each person whose | 9528 |
retail natural gas load is proposed to be aggregated, competitive | 9529 |
retail natural gas service for any such retail natural gas load | 9530 |
that is located, respectively, within the municipal corporation, | 9531 |
township, or unincorporated area of the county and for which there | 9532 |
is a choice of supplier of that service as a result of revised | 9533 |
schedules approved under division (C) of section 4929.29 of the | 9534 |
Revised Code, a rule or order adopted or issued by the commission | 9535 |
under Chapter 4905. of the Revised Code, or an exemption granted | 9536 |
by the commission under sections 4929.04 to 4929.08 of the Revised | 9537 |
Code. An ordinance or a resolution adopted under this section | 9538 |
shall expressly state that it is adopted pursuant to the authority | 9539 |
conferred by this section. The legislative authority or board also | 9540 |
may exercise such authority jointly with any other such | 9541 |
legislative authority or board. For the purpose of the | 9542 |
aggregation, the legislative authority or board may enter into | 9543 |
service agreements to facilitate the sale and purchase of the | 9544 |
service for the retail natural gas loads. | 9545 |
(2)(a) No aggregation under an ordinance or resolution | 9546 |
adopted under division (A)(1) of this section shall include the | 9547 |
retail natural gas load of any person that meets either of the | 9548 |
following criteria: | 9549 |
(i) The person is supplied with commodity sales service | 9550 |
pursuant to a contract with a retail natural gas supplier that is | 9551 |
in effect on the effective date of the ordinance or resolution. | 9552 |
(ii) The person is supplied with commodity sales service as | 9553 |
part of a retail natural gas load aggregation provided for | 9554 |
pursuant to a rule or order adopted or issued by the commission | 9555 |
under this chapter or Chapter 4905. of the Revised Code. | 9556 |
(b) Nothing in division (A)(2)(a) of this section precludes a | 9557 |
governmental aggregation under this section from permitting the | 9558 |
retail natural gas load of a person described in division | 9559 |
(A)(2)(a) of this section from being included in the aggregation | 9560 |
upon the expiration of any contract or aggregation as described in | 9561 |
division (A)(2)(a)(i) or (ii) of this section or upon the person | 9562 |
no longer qualifying to be included in an aggregation. | 9563 |
(B) Upon the applicable requisite authority under division | 9564 |
(A) of this section, the legislative authority or board shall | 9565 |
develop a plan of operation and governance for the aggregation | 9566 |
program so authorized. Before adopting a plan under this division, | 9567 |
the legislative authority or board shall hold at least two public | 9568 |
hearings on the plan. Before the first hearing, the legislative | 9569 |
authority or board shall publish notice of the hearings once a | 9570 |
week for two consecutive weeks in a newspaper of general | 9571 |
circulation in the jurisdiction or as provided in section 7.16 of | 9572 |
the Revised Code. The notice shall summarize the plan and state | 9573 |
the date, time, and location of each hearing. | 9574 |
(C)(1) With respect to a governmental aggregation for a | 9575 |
municipal corporation that is authorized pursuant to division (A) | 9576 |
of this section, resolutions may be proposed by initiative or | 9577 |
referendum petitions in accordance with sections 731.28 to 731.41 | 9578 |
of the Revised Code. | 9579 |
(2) With respect to a governmental aggregation for a township | 9580 |
or the unincorporated area of a county, which aggregation is | 9581 |
authorized pursuant to division (A) of this section, resolutions | 9582 |
may be proposed by initiative or referendum petitions in | 9583 |
accordance with sections 731.28 to 731.40 of the Revised Code, | 9584 |
except that: | 9585 |
(a) The petitions shall be filed, respectively, with the | 9586 |
township fiscal officer or the board of county commissioners, who | 9587 |
shall perform those duties imposed under those sections upon the | 9588 |
city auditor or village clerk. | 9589 |
(b) The petitions shall contain the signatures of not less | 9590 |
than ten per cent of the total number of electors in the township | 9591 |
or the unincorporated area of the county, respectively, who voted | 9592 |
for the office of governor at the preceding general election for | 9593 |
that office in that area. | 9594 |
(D) A governmental aggregator under division (A) of this | 9595 |
section is not a public utility engaging in the wholesale purchase | 9596 |
and resale of natural gas, and provision of the aggregated service | 9597 |
is not a wholesale utility transaction. A governmental aggregator | 9598 |
shall be subject to supervision and regulation by the public | 9599 |
utilities commission only to the extent of any competitive retail | 9600 |
natural gas service it provides and commission authority under | 9601 |
this chapter. | 9602 |
Sec. 4931.51. (A)(1) For the purpose of paying the costs of | 9603 |
establishing, equipping, and furnishing one or more public safety | 9604 |
answering points as part of a countywide 9-1-1 system effective | 9605 |
under division (B) of section 4931.44 of the Revised Code and | 9606 |
paying the expense of administering and enforcing this section, | 9607 |
the board of county commissioners of a county, in accordance with | 9608 |
this section, may fix and impose, on each lot or parcel of real | 9609 |
property in the county that is owned by a person, municipal | 9610 |
corporation, township, or other political subdivision and is | 9611 |
improved, or is in the process of being improved, reasonable | 9612 |
charges to be paid by each such owner. The charges shall be | 9613 |
sufficient to pay only the estimated allowed costs and shall be | 9614 |
equal in amount for all such lots or parcels. | 9615 |
(2) For the purpose of paying the costs of operating and | 9616 |
maintaining the answering points and paying the expense of | 9617 |
administering and enforcing this section, the board, in accordance | 9618 |
with this section, may fix and impose reasonable charges to be | 9619 |
paid by each owner, as provided in division (A)(1) of this | 9620 |
section, that shall be sufficient to pay only the estimated | 9621 |
allowed costs and shall be equal in amount for all such lots or | 9622 |
parcels. The board may fix and impose charges under this division | 9623 |
pursuant to a resolution adopted for the purposes of both | 9624 |
divisions (A)(1) and (2) of this section or pursuant to a | 9625 |
resolution adopted solely for the purpose of division (A)(2) of | 9626 |
this section, and charges imposed under division (A)(2) of this | 9627 |
section may be separately imposed or combined with charges imposed | 9628 |
under division (A)(1) of this section. | 9629 |
(B) Any board adopting a resolution under this section | 9630 |
pursuant to a final plan initiating the establishment of a 9-1-1 | 9631 |
system or pursuant to an amendment to a final plan shall adopt the | 9632 |
resolution within sixty days after the board receives the final | 9633 |
plan for the 9-1-1 system pursuant to division (C) of section | 9634 |
4931.43 of the Revised Code. The board by resolution may change | 9635 |
any charge imposed under this section whenever the board considers | 9636 |
it advisable. Any resolution adopted under this section shall | 9637 |
declare whether securities will be issued under Chapter 133. of | 9638 |
the Revised Code in anticipation of the collection of unpaid | 9639 |
special assessments levied under this section. | 9640 |
(C) The board shall adopt a resolution under this section at | 9641 |
a public meeting held in accordance with section 121.22 of the | 9642 |
Revised Code. Additionally, the board, before adopting any such | 9643 |
resolution, shall hold at least two public hearings on the | 9644 |
proposed charges. Prior to the first hearing, the board shall | 9645 |
publish notice of the hearings once a week for two consecutive | 9646 |
weeks in a newspaper of general circulation in the county or as | 9647 |
provided in section 7.16 of the Revised Code. The notice shall | 9648 |
include a listing of the charges proposed in the resolution and | 9649 |
the date, time, and location of each of the hearings. The board | 9650 |
shall hear any person who wishes to testify on the charges or the | 9651 |
resolution. | 9652 |
(D) No resolution adopted under this section shall be | 9653 |
effective sooner than thirty days following its adoption nor shall | 9654 |
any such resolution be adopted as an emergency measure. The | 9655 |
resolution is subject to a referendum in accordance with sections | 9656 |
305.31 to 305.41 of the Revised Code unless, in the resolution, | 9657 |
the board of county commissioners directs the board of elections | 9658 |
of the county to submit the question of imposing the charges to | 9659 |
the electors of the county at the next primary or general election | 9660 |
in the county occurring not less than seventy-five days after the | 9661 |
resolution is certified to the board. No resolution shall go into | 9662 |
effect unless approved by a majority of those voting upon it in | 9663 |
any election allowed under this division. | 9664 |
(E) To collect charges imposed under division (A) of this | 9665 |
section, the board of county commissioners shall certify them to | 9666 |
the county auditor of the county who then shall place them upon | 9667 |
the real property duplicate against the properties to be assessed, | 9668 |
as provided in division (A) of this section. Each assessment shall | 9669 |
bear interest at the same rate that securities issued in | 9670 |
anticipation of the collection of the assessments bear, is a lien | 9671 |
on the property assessed from the date placed upon the real | 9672 |
property duplicate by the auditor, and shall be collected in the | 9673 |
same manner as other taxes. | 9674 |
(F) All money collected by or on behalf of a county under | 9675 |
this section shall be paid to the county treasurer of the county | 9676 |
and kept in a separate and distinct fund to the credit of the | 9677 |
county. The fund shall be used to pay the costs allowed in | 9678 |
division (A) of this section and specified in the resolution | 9679 |
adopted under that division. In no case shall any surplus so | 9680 |
collected be expended for other than the use and benefit of the | 9681 |
county. | 9682 |
Sec. 4931.52. (A) This section applies only to a county that | 9683 |
meets both of the following conditions: | 9684 |
(1) A final plan for a countywide 9-1-1 system either has not | 9685 |
been approved in the county under section 4931.44 of the Revised | 9686 |
Code or has been approved but has not been put into operation | 9687 |
because of a lack of funding; | 9688 |
(2) The board of county commissioners, at least once, has | 9689 |
submitted to the electors of the county the question of raising | 9690 |
funds for a 9-1-1 system under section 4931.51, 5705.19, or | 9691 |
5739.026 of the Revised Code, and a majority of the electors has | 9692 |
disapproved the question each time it was submitted. | 9693 |
(B) A board of county commissioners may adopt a resolution | 9694 |
imposing a monthly charge on telephone access lines to pay for the | 9695 |
equipment costs of establishing and maintaining no more than three | 9696 |
public safety answering points of a countywide 9-1-1 system, which | 9697 |
public safety answering points shall be only twenty-four-hour | 9698 |
dispatching points already existing in the county. The resolution | 9699 |
shall state the amount of the charge, which shall not exceed fifty | 9700 |
cents per month, and the month the charge will first be imposed, | 9701 |
which shall be no earlier than four months after the special | 9702 |
election held pursuant to this section. Each residential and | 9703 |
business telephone company customer within the area served by the | 9704 |
9-1-1 system shall pay the monthly charge for each of its | 9705 |
residential or business customer access lines or their equivalent. | 9706 |
Before adopting a resolution under this division, the board | 9707 |
of county commissioners shall hold at least two public hearings on | 9708 |
the proposed charge. Before the first hearing, the board shall | 9709 |
publish notice of the hearings once a week for two consecutive | 9710 |
weeks in a newspaper of general circulation in the county or as | 9711 |
provided in section 7.16 of the Revised Code. The notice shall | 9712 |
state the amount of the proposed charge, an explanation of the | 9713 |
necessity for the charge, and the date, time, and location of each | 9714 |
of the hearings. | 9715 |
(C) A resolution adopted under division (B) of this section | 9716 |
shall direct the board of elections to submit the question of | 9717 |
imposing the charge to the electors of the county at a special | 9718 |
election on the day of the next primary or general election in the | 9719 |
county. The board of county commissioners shall certify a copy of | 9720 |
the resolution to the board of elections not less than | 9721 |
seventy-five days before the day of the special election. No | 9722 |
resolution adopted under division (B) of this section shall take | 9723 |
effect unless approved by a majority of the electors voting upon | 9724 |
the resolution at an election held pursuant to this section. | 9725 |
In any year, the board of county commissioners may impose a | 9726 |
lesser charge than the amount originally approved by the electors. | 9727 |
The board may change the amount of the charge no more than once a | 9728 |
year. The board may not impose a charge greater than the amount | 9729 |
approved by the electors without first holding an election on the | 9730 |
question of the greater charge. | 9731 |
(D) Money raised from a monthly charge on telephone access | 9732 |
lines under this section shall be deposited into a special fund | 9733 |
created in the county treasury by the board of county | 9734 |
commissioners pursuant to section 5705.12 of the Revised Code, to | 9735 |
be used only for the necessary equipment costs of establishing and | 9736 |
maintaining no more than three public safety answering points of a | 9737 |
countywide 9-1-1 system pursuant to a resolution adopted under | 9738 |
division (B) of this section. In complying with this division, any | 9739 |
county may seek the assistance of the public utilities commission | 9740 |
with regard to operating and maintaining a 9-1-1 system. | 9741 |
(E) Pursuant to the voter approval required by division (C) | 9742 |
of this section, the final plan for a countywide 9-1-1 system that | 9743 |
will be funded through a monthly charge imposed in accordance with | 9744 |
this section shall be amended by the existing 9-1-1 planning | 9745 |
committee, and the amendment of such a final plan is not an | 9746 |
amendment of a final plan for the purpose of division (A) of | 9747 |
section 4931.45 of the Revised Code. | 9748 |
Sec. 4931.53. (A) This section applies only to a county that | 9749 |
has a final plan for a countywide 9-1-1 system that either has not | 9750 |
been approved in the county under section 4931.44 of the Revised | 9751 |
Code or has been approved but has not been put into operation | 9752 |
because of a lack of funding. | 9753 |
(B) A board of county commissioners may adopt a resolution | 9754 |
imposing a monthly charge on telephone access lines to pay for the | 9755 |
operating and equipment costs of establishing and maintaining no | 9756 |
more than one public safety answering point of a countywide 9-1-1 | 9757 |
system. The resolution shall state the amount of the charge, which | 9758 |
shall not exceed fifty cents per month, and the month the charge | 9759 |
will first be imposed, which shall be no earlier than four months | 9760 |
after the special election held pursuant to this section. Each | 9761 |
residential and business telephone company customer within the | 9762 |
area of the county served by the 9-1-1 system shall pay the | 9763 |
monthly charge for each of its residential or business customer | 9764 |
access lines or their equivalent. | 9765 |
Before adopting a resolution under this division, the board | 9766 |
of county commissioners shall hold at least two public hearings on | 9767 |
the proposed charge. Before the first hearing, the board shall | 9768 |
publish notice of the hearings once a week for two consecutive | 9769 |
weeks in a newspaper of general circulation in the county or as | 9770 |
provided in section 7.16 of the Revised Code. The notice shall | 9771 |
state the amount of the proposed charge, an explanation of the | 9772 |
necessity for the charge, and the date, time, and location of each | 9773 |
of the hearings. | 9774 |
(C) A resolution adopted under division (B) of this section | 9775 |
shall direct the board of elections to submit the question of | 9776 |
imposing the charge to the electors of the county at a special | 9777 |
election on the day of the next primary or general election in the | 9778 |
county. The board of county commissioners shall certify a copy of | 9779 |
the resolution to the board of elections not less than | 9780 |
seventy-five days before the day of the special election. No | 9781 |
resolution adopted under division (B) of this section shall take | 9782 |
effect unless approved by a majority of the electors voting upon | 9783 |
the resolution at an election held pursuant to this section. | 9784 |
In any year, the board of county commissioners may impose a | 9785 |
lesser charge than the amount originally approved by the electors. | 9786 |
The board may change the amount of the charge no more than once a | 9787 |
year. The board shall not impose a charge greater than the amount | 9788 |
approved by the electors without first holding an election on the | 9789 |
question of the greater charge. | 9790 |
(D) Money raised from a monthly charge on telephone access | 9791 |
lines under this section shall be deposited into a special fund | 9792 |
created in the county treasury by the board of county | 9793 |
commissioners pursuant to section 5705.12 of the Revised Code, to | 9794 |
be used only for the necessary operating and equipment costs of | 9795 |
establishing and maintaining no more than one public safety | 9796 |
answering point of a countywide 9-1-1 system pursuant to a | 9797 |
resolution adopted under division (B) of this section. In | 9798 |
complying with this division, any county may seek the assistance | 9799 |
of the public utilities commission with regard to operating and | 9800 |
maintaining a 9-1-1 system. | 9801 |
(E) Nothing in sections 4931.40 to 4931.53 of the Revised | 9802 |
Code precludes a final plan adopted in accordance with those | 9803 |
sections from being amended to provide that, by agreement included | 9804 |
in the plan, a public safety answering point of another countywide | 9805 |
9-1-1 system is the public safety answering point of a countywide | 9806 |
9-1-1 system funded through a monthly charge imposed in accordance | 9807 |
with this section. In that event, the county for which the public | 9808 |
safety answering point is provided shall be deemed the subdivision | 9809 |
operating the public safety answering point for purposes of | 9810 |
sections 4931.40 to 4931.53 of the Revised Code, except that, for | 9811 |
the purpose of division (D) of section 4931.41 of the Revised | 9812 |
Code, the county shall pay only so much of the costs associated | 9813 |
with establishing, equipping, furnishing, operating, or | 9814 |
maintaining the public safety answering point specified in the | 9815 |
agreement included in the final plan. | 9816 |
(F) Pursuant to the voter approval required by division (C) | 9817 |
of this section, the final plan for a countywide 9-1-1 system that | 9818 |
will be funded through a monthly charge imposed in accordance with | 9819 |
this section, or that will be amended to include an agreement | 9820 |
described in division (E) of this section, shall be amended by the | 9821 |
existing 9-1-1 planning committee, and the amendment of such a | 9822 |
final plan is not an amendment of a final plan for the purpose of | 9823 |
division (A) of section 4931.45 of the Revised Code. | 9824 |
Sec. 5126.42. (A) A county board of developmental | 9825 |
disabilities shall establish an advisory council composed of board | 9826 |
members or employees of the board, providers, individuals | 9827 |
receiving supported living, and advocates for individuals | 9828 |
receiving supported living to provide on-going communication among | 9829 |
all persons concerned with supported living. | 9830 |
(B) The board shall develop procedures for the resolution of | 9831 |
grievances between the board and providers or between the board | 9832 |
and an entity with which it has a shared funding agreement. | 9833 |
(C) The board shall develop and implement a provider | 9834 |
selection system. Each system shall enable an individual to choose | 9835 |
to continue receiving supported living from the same providers, to | 9836 |
select additional providers, or to choose alternative providers. | 9837 |
Annually, the board shall review its provider selection system to | 9838 |
determine whether it has been implemented in a manner that allows | 9839 |
individuals fair and equitable access to providers. | 9840 |
In developing a provider selection system, the county board | 9841 |
shall create a pool of providers for individuals to use in | 9842 |
choosing their providers of supported living. The pool shall be | 9843 |
created by placing in the pool all providers on record with the | 9844 |
board or by placing in the pool all providers approved by the | 9845 |
board through soliciting requests for proposals for supported | 9846 |
living contracts. In either case, only providers that are | 9847 |
certified by the director of developmental disabilities may be | 9848 |
placed in the pool. | 9849 |
If the board places all providers on record in the pool, the | 9850 |
board shall review the pool at least annually to determine whether | 9851 |
each provider has continued interest in being a provider and has | 9852 |
maintained its certification by the department. At any time, an | 9853 |
interested and certified provider may make a request to the board | 9854 |
that it be added to the pool, and the board shall add the provider | 9855 |
to the pool not later than seven days after receiving the request. | 9856 |
If the board solicits requests for proposals for inclusion of | 9857 |
providers in the pool, the board shall develop standards for | 9858 |
selecting the providers to be included. Requests for proposals | 9859 |
shall be solicited at least annually. When requests are solicited, | 9860 |
the board shall cause legal notices to be published | 9861 |
each week for two consecutive weeks in a newspaper
| 9862 |
circulation within the county or as provided in section 7.16 of | 9863 |
the Revised Code. The board's formal request for proposals shall | 9864 |
include a description of any applicable contract terms, the | 9865 |
standards that are used to select providers for inclusion in the | 9866 |
pool, and the process the board uses to resolve disputes arising | 9867 |
from the selection process. The board shall accept requests from | 9868 |
any entity interested in being a provider of supported living for | 9869 |
individuals served by the board. Requests shall be approved or | 9870 |
denied according to the standards developed by the board. | 9871 |
Providers that previously have been placed in the pool are not | 9872 |
required to resubmit a request for proposal to be included in the | 9873 |
pool, unless the board's standards have been changed. | 9874 |
In assisting an individual in choosing a provider, the county | 9875 |
board shall provide the individual with uniform and consistent | 9876 |
information pertaining to each provider in the pool. An individual | 9877 |
may choose to receive supported living from a provider that is not | 9878 |
included in the pool, if the provider is certified by the director | 9879 |
of developmental disabilities. | 9880 |
Sec. 5310.35. The board of county commissioners shall | 9881 |
conduct the public hearing required by section 5310.33 of the | 9882 |
Revised Code in accordance with this section. | 9883 |
(A)(1) The board shall prepare a notice of the hearing that | 9884 |
includes each of the following: | 9885 |
(a) A statement that the board is considering abolishing land | 9886 |
registration in the county, that abolition would require the | 9887 |
deregistration of all registered land in the county, and that | 9888 |
after abolition all land in the county would have to be dealt with | 9889 |
as nonregistered land; | 9890 |
(b) A statement that the board seeks evidence with regard to | 9891 |
the matters listed in section 5310.34 of the Revised Code; | 9892 |
(c) The date, time, and place of the hearing, which shall be | 9893 |
not earlier than two nor later than three months after the | 9894 |
resolution to consider the merits of abolishing land registration | 9895 |
was adopted by the board; | 9896 |
(d) A statement that any person affected by the proposed | 9897 |
abolition of land registration may appear at the hearing and | 9898 |
present evidence as provided in division (B) of this section. | 9899 |
(2) The board shall serve the notice by both of the following | 9900 |
means: | 9901 |
(a) Ordinary mail, evidenced by a certificate of mailing, | 9902 |
addressed to each person from whom a receipt or signature card, | 9903 |
giving residence and post-office address, has been taken by the | 9904 |
county recorder under section 5309.30 or 5309.50 of the Revised | 9905 |
Code, and to each person who has filed an affidavit with the | 9906 |
county recorder under section 5309.72 of the Revised Code. The | 9907 |
county recorder, within one month after the adoption of a | 9908 |
resolution to consider the merits of abolishing land registration | 9909 |
in the county, shall provide the board with the names and | 9910 |
respective addresses of the persons who are entitled to notice | 9911 |
under this division. | 9912 |
If a notice is returned with an endorsement showing failure | 9913 |
of delivery, the board is under no further obligation to directly | 9914 |
serve the notice upon the addressee. The board shall preserve the | 9915 |
returned notice in the records pertaining to its consideration of | 9916 |
the merits of abolishing land registration in the county. | 9917 |
(b) Publication twice a week for two consecutive weeks in a | 9918 |
newspaper of general circulation in the county or as provided in | 9919 |
section 7.16 of the Revised Code. Publication of the notice shall | 9920 |
be completed at least one month prior to the date set for the | 9921 |
hearing. | 9922 |
(B) At the date, time, and place specified in the notice, the | 9923 |
board shall conduct a hearing, which may be adjourned from day to | 9924 |
day until complete, at which any person affected by the proposed | 9925 |
abolition of land registration may appear in person, by
| 9926 |
attorney, or both, and present evidence, orally or in writing, | 9927 |
with regard to the costs and benefits of maintaining land | 9928 |
registration in the county. Any person who presents evidence may | 9929 |
also present evidence refuting any evidence offered in opposition | 9930 |
to | 9931 |
The board shall cause a stenographic record to be made of the | 9932 |
hearing. The president of the board, or a member | 9933 |
designates, shall preside at the hearing. | 9934 |
Sec. 5540.031. (A) The board of trustees of a transportation | 9935 |
improvement district may provide for the construction, | 9936 |
reconstruction, improvement, alteration, or repair of any road, | 9937 |
highway, public place, building, or other infrastructure and levy | 9938 |
special assessments, if the board determines that the public | 9939 |
improvement will benefit the area where it will be constructed, | 9940 |
reconstructed, improved, altered, or repaired. However, if the | 9941 |
improvement is proposed for territory in a political subdivision | 9942 |
located outside the district's territory, the legislative | 9943 |
authority of that political subdivision shall approve the | 9944 |
undertaking of the improvement within the political subdivision. | 9945 |
(B) If any improvements are made under this section, | 9946 |
contracts for the improvement may provide that the improvement may | 9947 |
be owned by the district or by the person or corporation supplying | 9948 |
it to the district under a lease. | 9949 |
(C) If the board of trustees of a district proposes an | 9950 |
improvement described in division (A) of this section, the board | 9951 |
shall conduct a hearing on the proposed improvement. The board | 9952 |
shall indicate by metes and bounds the area in which the public | 9953 |
improvement will be made and the area that will benefit from the | 9954 |
improvement. | 9955 |
(D) The board of trustees shall fix a day for a hearing on | 9956 |
the proposed improvement. The secretary-treasurer of the board | 9957 |
shall deliver, to each owner of a parcel of land or a lot that the | 9958 |
board identifies as benefiting from the proposed improvement, a | 9959 |
notice that sets forth the substance of the proposed improvement | 9960 |
and the time and place of the hearing on it. At least fifteen days | 9961 |
before the date set for the hearing, a copy of the notice shall be | 9962 |
served upon the owner or left at | 9963 |
residence, or, if the owner is a corporation, upon an officer or | 9964 |
agent of the corporation. On or before the day of the hearing, the | 9965 |
person serving notice of the hearing shall make return thereon, | 9966 |
under oath, of the time and manner of service, and shall file the | 9967 |
notice with the secretary-treasurer of the board. | 9968 |
At least fifteen days before the day set for the hearing on | 9969 |
the proposed improvement, the secretary-treasurer shall give | 9970 |
notice to each nonresident owner of a lot or parcel of land in the | 9971 |
area to be benefited by the improvement, by publication once in a | 9972 |
newspaper | 9973 |
counties in which this area is located. The publication of the | 9974 |
notice shall be verified by affidavit of the printer or other | 9975 |
person having knowledge of the publication and shall be filed with | 9976 |
the secretary-treasurer of the district on or before the date of | 9977 |
the hearing. | 9978 |
(E) At the time and place specified in the notice for a | 9979 |
hearing on the proposed improvement, the board of trustees of the | 9980 |
district shall meet and hear any and all testimony provided by any | 9981 |
of the parties affected by the proposed improvement and by any | 9982 |
other persons competent to testify. The board or its | 9983 |
representatives shall inspect, by an actual viewing, the area to | 9984 |
be benefited by the proposed improvement. The board shall | 9985 |
determine the necessity of the proposed improvement and may find | 9986 |
that the proposed improvement will result in general as well as | 9987 |
special benefits. The board may adjourn from time to time and to | 9988 |
such places as it considers necessary. | 9989 |
(F)(1) The board may award contracts or enter into a lease | 9990 |
agreement for the construction, reconstruction, improvement, | 9991 |
alteration, or repair of any improvement described in division (A) | 9992 |
of this section and may issue notes, bonds, revenue anticipatory | 9993 |
instruments, or other obligations, as authorized by this chapter, | 9994 |
to finance the improvements. | 9995 |
(2) All or a part of the costs and expenses of providing for | 9996 |
the construction, reconstruction, improvement, alteration, or | 9997 |
repair of any improvement described in division (F)(1) of this | 9998 |
section may be paid from a fund into which may be paid special | 9999 |
assessments levied under this section against the lots and parcels | 10000 |
of land in the area to be benefited by the improvement, if the | 10001 |
board finds that the improvement will result in general or special | 10002 |
benefits to the benefited area. These special assessments shall be | 10003 |
levied not more than one time on the same lot or parcel of land. | 10004 |
Such costs and expenses may also be paid from the treasury of the | 10005 |
district or from other available sources in amounts the board | 10006 |
finds appropriate. | 10007 |
(3) The board shall levy special assessments at an amount not | 10008 |
to exceed ten per cent of the assessable value of the lot or | 10009 |
parcel of land being assessed. The board shall determine the | 10010 |
assessable value of a lot or parcel of land in the following | 10011 |
manner: the board shall first determine the fair market value of | 10012 |
the lot or parcel being assessed in the calendar year in which the | 10013 |
area to be benefited by the public improvement is first designated | 10014 |
and then multiply this amount by the average rate of appreciation | 10015 |
in value of the lot or parcel since that calendar year. The | 10016 |
assessable value of the lot or parcel is the current fair market | 10017 |
value of the lot or parcel minus the amount calculated in the | 10018 |
manner described in the immediately preceding sentence. The board | 10019 |
may adjust the assessable value of a lot or parcel of land to | 10020 |
reflect a sale of the lot or parcel that indicates an appreciation | 10021 |
in its value that exceeds its average rate of appreciation in | 10022 |
value. | 10023 |
(4) Special assessments levied by the board may be paid in | 10024 |
full in a lump sum or may be paid and collected in equal | 10025 |
semiannual installments, equal in number to twice the number of | 10026 |
years for which the lease of the improvement is made or twice the | 10027 |
number of years that the note, bond, instrument, or obligation | 10028 |
that the assessments are pledged to pay requires. The assessments | 10029 |
shall be paid and collected in the same manner and at the same | 10030 |
time as real property taxes are paid and collected, and | 10031 |
assessments in the amount of fifty dollars or less shall be paid | 10032 |
in full, and not in installments, at the time the first or next | 10033 |
installment would otherwise become due and payable. Complaints | 10034 |
regarding assessments may be made to the county board of revision | 10035 |
in the same manner as complaints relating to the valuation and | 10036 |
assessment of real property. | 10037 |
Credits against assessments shall be granted equal to the | 10038 |
value of any construction, reconstruction, improvement, | 10039 |
alteration, or repair that an owner of a parcel of land or lot | 10040 |
makes to an improvement pursuant to an agreement between the owner | 10041 |
and the district. | 10042 |
(5) After the levy of a special assessment, the board, at any | 10043 |
time during any year in which an installment of the assessment | 10044 |
becomes due, may pay out of other available funds of the district, | 10045 |
including any state or federal funds available to the district, | 10046 |
the full amount of the price of the contract that the special | 10047 |
assessments are pledged to pay for that year or any other portion | 10048 |
of the remaining obligation. The board shall be the sole | 10049 |
determiner of the definition, extent, and allocation of the | 10050 |
benefit resulting from an improvement that the board authorizes | 10051 |
under this section. | 10052 |
(G)(1) The board shall certify to the appropriate county | 10053 |
auditor the boundaries of the area that is benefited by any public | 10054 |
improvement the board authorizes under this section and, when the | 10055 |
board so requests, the auditor shall apportion the valuation of | 10056 |
any lot or parcel of land lying partly within and partly outside | 10057 |
the area so benefited. | 10058 |
(2) The board by resolution shall assess against the lots and | 10059 |
parcels of land located in the area that is benefited by a public | 10060 |
improvement such portion of the costs of completing the public | 10061 |
improvement as the board determines, for the period that may be | 10062 |
necessary to pay the note, bond, instrument, or obligation issued | 10063 |
to pay for the improvement and the proceedings in relation to it, | 10064 |
and shall certify these costs to the appropriate county auditor. | 10065 |
(3) Except for assessments that have been paid in full in a | 10066 |
lump sum, the county auditor shall annually place upon the tax | 10067 |
duplicate, for collection in semiannual installments, the two | 10068 |
installments of the assessment for that year, which shall be paid | 10069 |
and collected at the same time and in the same manner as real | 10070 |
property taxes. The collected assessments shall be paid to the | 10071 |
treasury of the district and the board of the district shall use | 10072 |
the assessments for any purpose authorized by this chapter. | 10073 |
Sec. 5540.05. The board of trustees of a district may | 10074 |
acquire real property in fee simple in the name of the district in | 10075 |
connection with, but in excess of that needed for, a project by | 10076 |
any method other than appropriation and hold the property for such | 10077 |
period of time as the board determines. All right, title, and | 10078 |
interest of the district in the property may be sold at public | 10079 |
auction or otherwise, as the board considers in the best interests | 10080 |
of the district; but in no event shall the property be sold for | 10081 |
less than two-thirds of its appraised value. Sale at public | 10082 |
auction shall be undertaken only after the board advertises the | 10083 |
sale in a newspaper of general circulation in the district for | 10084 |
10085 | |
Code, prior to the date set for the sale. | 10086 |
Sec. 5543.10. (A) The county engineer, upon the order of the | 10087 |
board of county commissioners or board of township trustees, shall | 10088 |
construct sidewalks, curbs, or gutters of suitable materials, | 10089 |
along or connecting the public highways, outside any municipal | 10090 |
corporation, upon the petition of a majority of the abutting | 10091 |
property owners. The expense of the construction of these | 10092 |
improvements may be paid by the county or township, or by the | 10093 |
county or township and abutting property owners in such proportion | 10094 |
as determined by the board of county commissioners or board of | 10095 |
township trustees. The board of county commissioners or board of | 10096 |
township trustees may assess part or all of the cost of these | 10097 |
improvements against the abutting property owners, in proportion | 10098 |
to benefits accruing to their property. | 10099 |
The board of county commissioners or board of township | 10100 |
trustees, by unanimous vote, may order the construction, repair, | 10101 |
or maintenance of sidewalks, curbs, and gutters along or | 10102 |
connecting the public highways, outside a municipal corporation, | 10103 |
without a petition for that construction, repair, or maintenance, | 10104 |
and may assess none, all, or any part of the cost against abutting | 10105 |
property owners, provided that notice is given by publication for | 10106 |
three successive weeks in a newspaper of general circulation | 10107 |
within the county or as provided in section 7.16 of the Revised | 10108 |
Code, stating the intention of the board of county commissioners | 10109 |
or board of township trustees to construct, repair, or maintain | 10110 |
the specified improvements and fixing a date for a hearing on | 10111 |
them. As part of a sidewalk improvement, the board may include the | 10112 |
repair or reconstruction of a driveway within the sidewalk | 10113 |
easement. As part of a curb improvement, the board may include | 10114 |
construction or repair of a driveway apron. | 10115 |
Notice to all abutting property owners shall be given by two | 10116 |
publications in a newspaper of general circulation in the county | 10117 |
or as provided in section 7.16 of the Revised Code, at least ten | 10118 |
days prior to the date fixed in the notice for the making of | 10119 |
assessments. The notice shall state the time and place when | 10120 |
abutting property owners will be given an opportunity to be heard | 10121 |
with reference to assessments. The board of county commissioners | 10122 |
or board of township trustees shall determine whether assessments | 10123 |
shall be paid in one or more installments. | 10124 |
(B) The county engineer may trim or remove any and all trees, | 10125 |
shrubs, and other vegetation growing in or encroaching onto the | 10126 |
right-of-way of the easement of a public sidewalk along or | 10127 |
connecting the public highways and maintained by the county, and | 10128 |
the board of township trustees may trim or remove any and all | 10129 |
trees, shrubs, and other vegetation growing in or encroaching onto | 10130 |
the right-of-way of the easement of a public sidewalk along or | 10131 |
connecting the public highways and maintained by the township, as | 10132 |
is necessary in the engineer's or board's judgment to facilitate | 10133 |
the right of the public to improvement and maintenance of, and | 10134 |
uninterrupted travel on, public sidewalks in the county or | 10135 |
township. | 10136 |
Sec. 5552.06. (A) A board of county commissioners or a board | 10137 |
of township trustees may adopt access management regulations or | 10138 |
any amendments to those regulations after holding at least two | 10139 |
public hearings at regular or special sessions of the board. The | 10140 |
board shall consider the county engineer's proposed regulations | 10141 |
prepared under division (B) of section 5552.04 or 5552.05 of the | 10142 |
Revised Code and all comments on those regulations. The board, in | 10143 |
its discretion, may, but need not, adopt any or all of those | 10144 |
proposed regulations. After the public hearings, the board may | 10145 |
decide not to adopt any access management regulations. | 10146 |
The board shall publish notice of the public hearings in a | 10147 |
newspaper of general circulation in the county or township, as | 10148 |
applicable, once a week for | 10149 |
section 7.16 of the Revised Code, immediately preceding the | 10150 |
hearings. The notice shall include the time, date, and place of | 10151 |
each hearing. Copies of any proposed regulations or amendments | 10152 |
shall be made available to the public at the board's office and, | 10153 |
if the county engineer administers or is proposed to administer a | 10154 |
point of access permit, in the engineer's office. | 10155 |
(B) In addition to the notice required by division (A) of | 10156 |
this section, not less than thirty days before holding a public | 10157 |
hearing, a board of county commissioners shall send a copy of the | 10158 |
county engineer's proposed regulations, a copy of the advisory | 10159 |
committee's recommendations, and a request for written comments to | 10160 |
the board of township trustees of each township in the county, the | 10161 |
department of transportation district deputy director for the | 10162 |
district in which the county is located, a representative of the | 10163 |
metropolitan planning organization, where applicable, and at least | 10164 |
the local professional associations representing the following | 10165 |
professions: | 10166 |
(1) Homebuilders; | 10167 |
(2) Realtors; | 10168 |
(3) Professional surveyors; | 10169 |
(4) Attorneys; | 10170 |
(5) Professional engineers. | 10171 |
(C) In addition to the notice required by division (A) of | 10172 |
this section, a board of township trustees shall send a copy of | 10173 |
the county engineer's proposed regulations, a copy of the advisory | 10174 |
committee's recommendations, and a request for written comments, | 10175 |
not less than thirty days before holding a public hearing, to the | 10176 |
department of transportation district deputy director for the | 10177 |
district in which the township is located, a representative of the | 10178 |
metropolitan planning organization, where applicable, and at least | 10179 |
the local professional associations representing the professions | 10180 |
listed in division (B) of this section. | 10181 |
Sec. 5553.05. (A) In the resolution required by section | 10182 |
5553.04 of the Revised Code, the board of county commissioners | 10183 |
shall fix a date when it will view the proposed improvement, and | 10184 |
also a date for a final hearing thereon. | 10185 |
The board shall give notice of the time and place for both | 10186 |
such view and hearing by publication once a week for two | 10187 |
consecutive weeks in a newspaper
| 10188 |
circulation in the county where such improvement is located | 10189 |
10190 | |
10191 | |
in section 7.16 of the Revised Code. Such notice, in addition to | 10192 |
the date and place of such view and place and time of the final | 10193 |
hearing, shall state briefly the character of such improvement. | 10194 |
(B) If the board adopts a resolution to vacate a public road | 10195 |
as provided in section 5553.04 of the Revised Code, or if a | 10196 |
petition to vacate a public road is filed, the board shall, in | 10197 |
addition to the notice of the time and place for hearing | 10198 |
prescribed in division (A) of this section, send written notice of | 10199 |
the hearing by first class mail at least twenty days before the | 10200 |
date of the public hearing to owners of property abutting upon | 10201 |
that portion of the road to be vacated, and to the director of | 10202 |
natural resources. Such notice shall be mailed to the addresses of | 10203 |
such owners appearing on the county auditor's current tax list or | 10204 |
the treasurer's mailing list, and such other list or lists that | 10205 |
may be specified by the board. The failure of the delivery of such | 10206 |
notice does not invalidate any such vacating of the road | 10207 |
authorized in the resolution. | 10208 |
Sec. 5553.19. The county engineer shall view and survey the | 10209 |
road as provided in section 5553.18 of the Revised Code, and shall | 10210 |
make a return of the survey and plat of the road to the board of | 10211 |
county commissioners. Upon the filing of the report of the | 10212 |
engineer, the board shall give notice of the filing of such report | 10213 |
by publication as provided in section 7.16 of the Revised Code or | 10214 |
once each week for three consecutive weeks in a newspaper | 10215 |
10216 | |
such road is situated | 10217 |
10218 | |
10219 | |
hearing upon the report of the engineer. If exceptions or | 10220 |
objections are made, the board shall hear them, and it may approve | 10221 |
or reject said report. If the report of the engineer is approved, | 10222 |
the board shall cause such report to be recorded together with the | 10223 |
survey and plat of such road. | 10224 |
Sec. 5553.23. If a person through whose land a public road | 10225 |
has been established, which is under the jurisdiction of the board | 10226 |
of county commissioners, desires to turn or change or relocate | 10227 |
such road or any part thereof through any part of | 10228 |
land, | 10229 |
commissioners setting forth briefly the particular change | 10230 |
10231 | |
shall give notice by publication once not later than two weeks | 10232 |
prior to the date for the hearing on such petition in | 10233 |
newspaper | 10234 |
10235 | |
10236 | |
such petition has been filed and setting forth the change desired | 10237 |
in such road and the date and place for the hearing on said | 10238 |
petition. If a public road was once established for public | 10239 |
convenience through private lands, but has not been improved by | 10240 |
public funds and for more than twenty-one years has not been used, | 10241 |
the owner of such land may petition the board to vacate the road | 10242 |
in accordance with proceedings under sections 5553.04 to 5553.11 | 10243 |
of the Revised Code. | 10244 |
A person through whose land a trail right of way has been | 10245 |
preserved under section 5553.044 of the Revised Code may file a | 10246 |
petition to turn or change the route of the trail right of way in | 10247 |
the manner provided in this section, and such petition shall be | 10248 |
acted upon in the manner set forth in sections 5553.23 to 5553.31 | 10249 |
of the Revised Code. Notice of the hearing in such case shall also | 10250 |
be made by first class mail to the director of natural resources. | 10251 |
If the board turns or changes the route of the trail right of way, | 10252 |
it shall furnish the director with a full and accurate description | 10253 |
or map of the change. | 10254 |
Sec. 5553.42. The board of county commissioners shall give | 10255 |
notice to the owners of lands through which the proposed road will | 10256 |
pass of the filing of the petition provided for in section 5553.41 | 10257 |
of the Revised Code and the date and place of the hearing thereon. | 10258 |
Such notice shall be served on such owners personally, or by | 10259 |
leaving a copy of such notice at the usual place of residence of | 10260 |
such owners at least five days before the date of the hearing on | 10261 |
said petition. Proof of service of such notice shall be made by | 10262 |
affidavit of the person serving such notice. If any of such owners | 10263 |
are nonresidents of the county, the board shall give notice to | 10264 |
such nonresidents by publication once each week for two | 10265 |
consecutive weeks in a newspaper | 10266 |
circulation | 10267 |
10268 | |
10269 | |
of the Revised Code. A copy of the newspaper containing such | 10270 |
notice shall be mailed by the county auditor to each nonresident | 10271 |
whose post-office address is known to such auditor. Such notice | 10272 |
shall state the time and place of the hearing on claims for | 10273 |
compensation and damages. | 10274 |
Sec. 5555.07. The county engineer shall prepare and file | 10275 |
with the board of county commissioners, by the time fixed therefor | 10276 |
by the board, copies of the surveys, plans, profiles, cross | 10277 |
sections, estimates of costs, and specifications for the | 10278 |
improvement and estimated assessments upon lands benefited | 10279 |
thereby. Thereupon such board shall file such copies in its office | 10280 |
for the inspection and examination of all persons interested. | 10281 |
Except in a case involving the improvement of a public road in | 10282 |
which no land or property is taken or assessed, the board shall | 10283 |
publish in a newspaper | 10284 |
county, | 10285 |
10286 | |
of two weeks or as provided in section 7.16 of the Revised Code, | 10287 |
notice that a resolution has been adopted providing for said | 10288 |
improvement, and that copies of the surveys, plans, profiles, | 10289 |
cross sections, estimates, and specifications, together with | 10290 |
estimated assessments upon the lands benefited by such improvement | 10291 |
for the proportion of the cost thereof to be assessed therefor, | 10292 |
are on file in the office of the board for the inspection of | 10293 |
persons interested therein. Such notice shall state the time and | 10294 |
place for hearing objections to said improvement and to such | 10295 |
estimated assessments. In a case involving the improvement of a | 10296 |
public road in which no land or property is taken or assessed, the | 10297 |
board shall publish the notice required by this section once a | 10298 |
week for two consecutive weeks or as provided in section 7.16 of | 10299 |
the Revised Code. | 10300 |
At such hearing the board may order said surveys, plans, | 10301 |
profiles, cross sections, estimates, and specifications to be | 10302 |
changed or modified and shall make such adjustments of the | 10303 |
estimated assessments as seem just to it. Thereupon the board may | 10304 |
approve such surveys, plans, profiles, cross sections, | 10305 |
specifications, and estimates and approve and confirm estimated | 10306 |
assessments as made by the engineer or as modified and changed by | 10307 |
the board. Such assessments when so approved and confirmed shall | 10308 |
be certified to the county auditor of the county and shall | 10309 |
thereupon become a lien upon the land charged therewith. The board | 10310 |
may declare against said improvement. | 10311 |
Sec. 5555.27. As soon as the county engineer has transmitted | 10312 |
to the several boards of county commissioners copies of | 10313 |
engineer's surveys, plans, profiles, cross sections, estimates, | 10314 |
and specifications for the improvement, the joint board of county | 10315 |
commissioners shall, except in cases of reconstruction or repair | 10316 |
of roads where no lands or property are taken, fix a time and | 10317 |
place for hearing objections to said improvement. The joint board | 10318 |
shall thereupon, except in cases of reconstruction or repair of | 10319 |
roads where no lands or property are taken, publish in a newspaper | 10320 |
10321 | |
county, | 10322 |
10323 | |
once a week for two consecutive weeks or as provided in section | 10324 |
7.16 of the Revised Code, a notice that such improvement is to be | 10325 |
made and that copies of the surveys, plans, profiles, cross | 10326 |
sections, estimates, and specifications therefor are on file in | 10327 |
the office of the board of each interested county for the | 10328 |
inspection and examination of all persons interested therein. Such | 10329 |
notice shall also state the time and place for hearing objections | 10330 |
to said improvement. Proceedings for the appropriation of land | 10331 |
needed for such improvement shall be maintained in accordance with | 10332 |
sections 163.01 to 163.22 | 10333 |
Sec. 5555.42. A board of county commissioners desiring to | 10334 |
construct a county road improvement, and finding that no equitable | 10335 |
method of apportioning the compensation, damages, and expenses | 10336 |
thereof is provided by section 5555.41 of the Revised Code, or | 10337 |
finding that an equitable assessment cannot be made by the use of | 10338 |
any of the several assessment areas authorized by said section, | 10339 |
may order the county engineer to make a tentative plan for such | 10340 |
improvement and an approximate estimate of the cost. Such board | 10341 |
may thereupon file an application in the court of common pleas | 10342 |
describing the improvement in question, and a copy of the | 10343 |
tentative plan and approximate estimate of cost shall be attached | 10344 |
to such application. The board shall set forth in such application | 10345 |
that the compensation, damages, and expenses of the improvement | 10346 |
cannot be equitably apportioned under any of the several plans | 10347 |
provided by said section or that such compensation, damages, and | 10348 |
expenses cannot be equitably assessed by the use of any one of the | 10349 |
several assessment areas authorized by said section, or that both | 10350 |
such conditions exist, and it shall set forth a method of | 10351 |
apportioning the compensation, damages, and expenses and a | 10352 |
definite description of the area against which it desires to | 10353 |
assess any part of such compensation, damages, and expenses. The | 10354 |
application shall contain a prayer requesting authority from such | 10355 |
court to construct the improvement and apportion the compensation, | 10356 |
damages, and expenses according to the plan suggested by such | 10357 |
board and to assess the designated portion of the cost against the | 10358 |
real estate within the area described in the petition. | 10359 |
Notice of the filing and pendency of such application shall | 10360 |
be given once a week for four consecutive weeks by publication in | 10361 |
10362 | |
10363 | |
newspaper of general circulation in such county or as provided in | 10364 |
section 7.16 of the Revised Code. Such notice shall describe the | 10365 |
route and termini of the improvement and set forth the estimated | 10366 |
cost and the proposed method of apportionment and assessment area. | 10367 |
After such notice has been given, the court or a judge thereof | 10368 |
shall fix a time for a hearing on such application, and, at the | 10369 |
time fixed, the court or a judge thereof shall hear such | 10370 |
application and all evidence offered by the board or any taxpayer | 10371 |
of the county for or against the proposed plan of apportionment | 10372 |
and for or against the use of the suggested assessment area. If | 10373 |
the court finds that the suggested plan of apportionment and the | 10374 |
area against which special assessments are to be made are fair and | 10375 |
just, that the cost of the improvement will not be excessive in | 10376 |
view of the benefits conferred, and that all the real estate | 10377 |
within the suggested assessment area will be benefited by the | 10378 |
construction of the improvement upon the plan suggested and by the | 10379 |
use of the method of apportionment set forth in said application, | 10380 |
such court may authorize the board to proceed upon the suggested | 10381 |
plan and to apportion the compensation, damages, and expenses in | 10382 |
the manner set forth in the application and to assess against the | 10383 |
real estate within the assessment area designated in the | 10384 |
application, according to the benefits, that portion of the cost | 10385 |
to be specially assessed; otherwise the court shall dismiss the | 10386 |
application and the board may not proceed with the improvement. | 10387 |
The court may modify the suggested plan of apportionment or the | 10388 |
suggested assessment area and grant the prayer of the application | 10389 |
subject to such modifications as it determines are just and | 10390 |
proper. The board in its application may set up any division of | 10391 |
cost which it thinks proper among the county, the owners of lands | 10392 |
to be specially assessed, and any municipal corporation within | 10393 |
which such projected improvement is situated in whole or in part, | 10394 |
but no portion of the cost may be apportioned to a municipal | 10395 |
corporation without the consent of such municipal corporation | 10396 |
evidenced by an ordinance or resolution of its legislative | 10397 |
authority. | 10398 |
When the prayer of any such application is granted by the | 10399 |
court or a judge thereof and the plan of apportionment and area of | 10400 |
assessment is approved by such court, either as set forth in the | 10401 |
application or as modified by the court, the board may proceed | 10402 |
with the construction of the improvement and use the method of | 10403 |
apportionment and the assessment area authorized by the court. In | 10404 |
such event, the board may levy taxes and issue bonds in the manner | 10405 |
provided by law with respect to improvements, the compensation, | 10406 |
damages, and expenses of which are apportioned and paid as | 10407 |
provided in section 5555.41 of the Revised Code, and all | 10408 |
proceedings in connection with such improvement shall be conducted | 10409 |
in accordance with sections 5555.01 to 5555.83 of the Revised | 10410 |
Code, except as provided in this section. The special assessments | 10411 |
shall be made by the board against the real estate within the | 10412 |
assessment area authorized by the court, but no assessment against | 10413 |
any lot or parcel of real estate shall exceed the actual benefits | 10414 |
conferred thereon by the construction of the improvement. This | 10415 |
section also applies to improvements of sections of a state | 10416 |
highway within counties having a tax duplicate of real and | 10417 |
personal property in excess of three hundred million dollars, and | 10418 |
with respect to which the board desires to co-operate with the | 10419 |
department of transportation. | 10420 |
Sec. 5559.06. Upon the completion of the surveys, plans, | 10421 |
profiles, cross sections, estimates, and specifications for an | 10422 |
improvement under section 5559.02 of the Revised Code by the | 10423 |
county engineer, | 10424 |
county commissioners copies of such surveys, plans, profiles, | 10425 |
cross sections, estimates, and specifications. The board shall | 10426 |
then publish, in a newspaper | 10427 |
within the county, | 10428 |
10429 | |
once a week for two consecutive weeks or as provided in section | 10430 |
7.16 of the Revised Code, a notice that such improvement is to be | 10431 |
made and that copies of the surveys, plans, profiles, cross | 10432 |
sections, estimates, and specifications for it are on file in the | 10433 |
office of the board for the inspection and examination of all | 10434 |
persons interested. Such notice shall also state the time and | 10435 |
place for hearing objections to the improvement. | 10436 |
In the event that land or property is to be taken for such | 10437 |
improvement, such taking shall be in accordance with sections | 10438 |
163.01 to 163.22 | 10439 |
Sec. 5559.10. As soon as all questions of compensation and | 10440 |
damages have been determined in a road improvement case, the | 10441 |
county engineer shall make, upon actual view, an estimated | 10442 |
assessment upon the real estate to be charged therewith, of the | 10443 |
compensation, damages, and costs of an improvement as provided by | 10444 |
section 5559.02 of the Revised Code. Such estimated assessment | 10445 |
shall be according to the benefit which will result to the real | 10446 |
estate. In making such assessment the engineer may take into | 10447 |
consideration any previous special assessments made upon the real | 10448 |
estate for road improvements. The schedule of such assessments | 10449 |
shall be filed in the office of the board of county commissioners | 10450 |
for the inspection of the persons interested. Before adopting the | 10451 |
assessment, the board shall publish, once each week for two | 10452 |
consecutive weeks, in | 10453 |
circulation in the county or as provided in section 7.16 of the | 10454 |
Revised Code, | 10455 |
10456 | |
been made, is on file in the office of the board, and the date | 10457 |
when objections will be heard to such assessment. If any owner of | 10458 |
property affected thereby desires, | 10459 |
objections to said assessments, in writing, with the board before | 10460 |
the time for hearing. If any objections are filed the board shall | 10461 |
hear them and act as an equalizing board. It may change such | 10462 |
assessments if, in its opinion, any change is necessary to make | 10463 |
them just and equitable, and the board shall approve and confirm | 10464 |
such assessments as reported by the engineer or modified by it. | 10465 |
Such assessments, when so approved and confirmed, shall be a lien | 10466 |
on the land chargeable therewith. | 10467 |
Sec. 5559.12. After the board of county commissioners has | 10468 |
decided to proceed with an improvement as provided by section | 10469 |
5559.02 of the Revised Code, it shall advertise for bids once, not | 10470 |
later than two weeks prior to the date fixed for the letting of | 10471 |
the contract, in a newspaper | 10472 |
in the county | 10473 |
10474 | |
that copies of the surveys, plans, profiles, cross sections, | 10475 |
estimates, and specifications for such improvement are on file in | 10476 |
the office of the board, and the time within which bids will be | 10477 |
received. The board shall award the contract to the lowest | 10478 |
responsible bidder. | 10479 |
The contract shall be let upon the basis of lump sum bids, | 10480 |
unless the board orders that it be let upon the basis of unit | 10481 |
price bids, in which event it shall be let upon such basis. The | 10482 |
bids received shall be opened at the time stated in the notice. | 10483 |
The board may reject all bids. | 10484 |
Sec. 5561.04. The board of county commissioners, desiring to | 10485 |
proceed under sections 4957.06 and 5561.01 to 5561.15 of the | 10486 |
Revised Code, shall, after receipt of the certificate of necessity | 10487 |
and expediency from the director of transportation, as provided in | 10488 |
section 5561.03 of the Revised Code, hold a public hearing as to | 10489 |
the expediency of constructing such improvement, notice of which | 10490 |
shall be given by publication in | 10491 |
newspaper of general circulation in the county, | 10492 |
10493 | |
for two weeks prior to the date set for such hearing or as | 10494 |
provided in section 7.16 of the Revised Code, and shall be served | 10495 |
upon the railroad or interurban railway companies in the manner | 10496 |
for the service of summons in civil actions, not less than twenty | 10497 |
days prior to the date of such hearing. | 10498 |
The board, after such hearing and for the purpose of making | 10499 |
or causing such an improvement to be made, may, by resolution | 10500 |
adopted by unanimous vote, require the railroad company, in | 10501 |
co-operation with the county engineer or any engineer designated | 10502 |
by the board, to prepare and submit to the board within six | 10503 |
months, unless longer time is mutually agreed upon in writing, | 10504 |
plans and specifications for such improvements, specifying the | 10505 |
number, character, and location of all piers and supports which | 10506 |
are to be permanently placed in any road or highway, specifying | 10507 |
the grades to be established for the roads and the height, | 10508 |
character, and estimated cost of any viaduct or way above or below | 10509 |
any railroad track, and the change of grade required to be made of | 10510 |
such tracks including side tracks and switches. But in changing | 10511 |
the grade of any railroad, no grade shall be required in excess of | 10512 |
that adopted by the railroad company for its construction work on | 10513 |
that division or part of the railroad on which the improvement is | 10514 |
to be made, without the consent of the railroad company, nor shall | 10515 |
the railroad company's tracks be required to be placed below | 10516 |
high-water mark. | 10517 |
Such resolution shall be published in the same manner as | 10518 |
resolutions of the legislative authority of a municipal | 10519 |
corporation declaring the necessity of a contemplated public | 10520 |
improvement, and shall be served by the sheriff upon the railroad | 10521 |
or interurban railway companies in the manner provided for the | 10522 |
service of summons in civil actions. If the proposed public | 10523 |
improvement is to be made within a municipal corporation, notice | 10524 |
of the passage of the same shall be served upon the municipal | 10525 |
corporation by delivering to the clerk of the village or | 10526 |
legislative authority of a city a true copy thereof. | 10527 |
If, at the expiration of six months from the passage of such | 10528 |
resolution, the railroad company has refused or failed to | 10529 |
co-operate in the preparation of such plans and specifications, or | 10530 |
if the county engineer or engineer designated by the board and the | 10531 |
railroad company fail to agree upon the plans and specification of | 10532 |
such improvement, then either the railroad company or the county | 10533 |
may submit the matter of determining the method by which the | 10534 |
improvement shall be made to the court of common pleas of such | 10535 |
county. Either the county or company, after the expiration of six | 10536 |
months from the passage of the resolution, may apply to such court | 10537 |
by petition, accompanied by the necessary plans prepared by the | 10538 |
county or railroad company, covering the grade crossing proposed | 10539 |
to be abolished. Such plans must show the grades to be established | 10540 |
for such roads or highways, the changes to be made in the location | 10541 |
of roads or highways, the height, character, and estimated cost of | 10542 |
any viaduct or way above or below the railroad tracks, the number, | 10543 |
character, and location of piers, abutments, or supports to be | 10544 |
permanently located in the roads or highways, and the change of | 10545 |
grade to be made in any railroad tracks, including sidetracks and | 10546 |
switches. | 10547 |
Sec. 5561.08. Notice of the passage of a resolution for a | 10548 |
grade crossing improvement shall be served by the sheriff of the | 10549 |
county, upon the owner of each piece of property which will be | 10550 |
affected by any change of grade, in the manner provided for the | 10551 |
service of summons in civil actions. If any of such owners are | 10552 |
nonresidents of the county, or if it appears from the return that | 10553 |
they cannot be found, the notice shall be published for at least | 10554 |
two weeks in
| 10555 |
circulation in | 10556 |
the Revised Code. Notice shall be completed at least twenty days | 10557 |
before any work is done on such improvement, and the sheriff's | 10558 |
return shall be prima-facie evidence of the facts recited therein. | 10559 |
Section 727.18 of the Revised Code shall apply to the notice | 10560 |
provided for in this section, and to all claims for damages by | 10561 |
reason of such improvement. Such claims shall be filed with the | 10562 |
county auditor within the time, and rights thereunder shall pass | 10563 |
to vendees, as provided in such section. After the expiration of | 10564 |
the time provided for the filing of claims, the board of county | 10565 |
commissioners, when claims have been filed within the time | 10566 |
limited, shall determine, by resolution, whether such claims are | 10567 |
to be judicially inquired into before commencing or after the | 10568 |
completion of the proposed improvement. Thereupon, the county | 10569 |
prosecutor shall make application for a jury, to the court of | 10570 |
common pleas, or probate court of the county, before commencing or | 10571 |
after the completion of the improvement, as the board determines, | 10572 |
and all proceedings upon such application shall be governed by the | 10573 |
laws relating to similar applications provided for in cases of | 10574 |
city improvements. | 10575 |
Sec. 5571.011. If a person through whose land a public road | 10576 |
has been established which is under the jurisdiction of a board of | 10577 |
township trustees, desires to turn or change or relocate such road | 10578 |
or any part thereof through any part of | 10579 |
the person may file a petition with such board of township | 10580 |
trustees setting forth briefly the particular change | 10581 |
desired. Upon receipt of such petition, the board of township | 10582 |
trustees shall give notice by publication once, not later than two | 10583 |
weeks prior to the date which such board shall fix for a hearing | 10584 |
on such petition, in a newspaper | 10585 |
circulation in said township, stating that such petition has been | 10586 |
filed and setting forth the change desired in such road and the | 10587 |
date and place of such hearing. | 10588 |
Upon receipt of such a petition the board of township | 10589 |
trustees shall cause a competent engineer to make a survey of the | 10590 |
ground over which the road is proposed to be changed, and to make | 10591 |
a report in writing, together with a plat and survey of the | 10592 |
proposed change and | 10593 |
or disadvantage. The report of such engineer shall be filed with | 10594 |
the board prior to the hearing of such petition. | 10595 |
At the hearing had on the petition the board of township | 10596 |
trustees may hear evidence for or against changing the road, and | 10597 |
if the board is satisfied that the proposed change will not cause | 10598 |
serious injury or disadvantage to the public, it may make a | 10599 |
finding of such fact in its journal and authorize the petitioner | 10600 |
to change such road in conformity with the prayer of the petition. | 10601 |
The board may grant the change as prayed for in the petition, or | 10602 |
it may order such change of the route of such road as will, in its | 10603 |
judgment, be for the best interest of the public. | 10604 |
Upon receiving satisfactory evidence that the road has been | 10605 |
changed as authorized by it, and opened to the legal width and | 10606 |
improved as required by it, the board of township trustees shall | 10607 |
declare such new road a public highway and cause a record thereof | 10608 |
to be made and at the same time vacate so much of the old road as | 10609 |
is rendered unnecessary by the new road. The person petitioning | 10610 |
for such change shall in all cases pay all costs and expenses in | 10611 |
connection with the proceeding, as found and determined by the | 10612 |
board, and the expense of making such change, including the cost | 10613 |
of relocation of any conduits, cables, wires, towers, poles or | 10614 |
other equipment or appliances of any public utility, located on, | 10615 |
over or under such road. The petitioner shall, on the filing of | 10616 |
the petition for such change, give bond to the satisfaction of the | 10617 |
board in such amount as it determines to secure payment of the | 10618 |
costs of the proceeding and to cover the expense of making the | 10619 |
change asked for by the petition. | 10620 |
Sec. 5573.02. Upon the completion of the surveys, plans, | 10621 |
profiles, cross sections, estimates, and specifications for a road | 10622 |
improvement by the county engineer, | 10623 |
to the board of township trustees copies of the same. Except in | 10624 |
cases of reconstruction or repair of roads, where no land or | 10625 |
property is taken, the board shall then cause to be published in a | 10626 |
newspaper | 10627 |
within the township, | 10628 |
10629 | |
once a week for two consecutive weeks or as provided in section | 10630 |
7.16 of the Revised Code, a notice that such improvement is to be | 10631 |
made and that copies of the surveys, plans, profiles, cross | 10632 |
sections, estimates, and specifications for it are on file with | 10633 |
the board for the inspection and examination of all persons | 10634 |
interested. | 10635 |
In the event that land or property is to be taken for such | 10636 |
improvement, proceedings shall be had in accordance with sections | 10637 |
163.01 to 163.22 | 10638 |
Sec. 5573.10. As soon as all questions of compensation and | 10639 |
damages have been determined for any road improvement, the county | 10640 |
engineer shall make, upon actual view, an estimated assessment, | 10641 |
upon the real estate to be charged, of such part of the | 10642 |
compensation, damages, and costs of such improvement as is to be | 10643 |
specially assessed. Such assessment shall be according to the | 10644 |
benefits which will result to the real estate. In making such | 10645 |
assessment the engineer may take into consideration any previous | 10646 |
special assessment made upon such real estate for road | 10647 |
improvements. | 10648 |
The schedule for such assessments shall be filed with the | 10649 |
board of township trustees for the inspection of the persons | 10650 |
interested. Before adopting the estimated assessment, the board | 10651 |
shall publish once each week for two consecutive weeks, in | 10652 |
newspaper | 10653 |
within such township | 10654 |
10655 | |
10656 | |
notice that such assessment has been made and is on file with the | 10657 |
board, and the date when objections will be heard to such | 10658 |
assessment. | 10659 |
If any owner of property affected desires to make objections, | 10660 |
10661 | |
writing, with the board, before the time of such hearing. If any | 10662 |
objections are filed the board shall hear them and act as an | 10663 |
equalizing board, and may change assessments if, in its opinion, | 10664 |
any changes are necessary to make them just and equitable. The | 10665 |
board shall approve and confirm assessments as reported by the | 10666 |
engineer or modified by the board. Such assessments, when approved | 10667 |
and confirmed, shall be a lien on the land chargeable therewith. | 10668 |
Sec. 5575.01. (A) In the maintenance and repair of roads, | 10669 |
the board of township trustees may proceed either by contract or | 10670 |
force account, but, unless the exemption specified in division (C) | 10671 |
of this section applies, if the board wishes to proceed by force | 10672 |
account, it first shall cause the county engineer to complete the | 10673 |
force account assessment form developed by the auditor of state | 10674 |
under section 117.16 of the Revised Code. Except as otherwise | 10675 |
provided in sections 505.08 and 505.101 of the Revised Code, when | 10676 |
the board proceeds by contract, the contract shall, if the amount | 10677 |
involved exceeds forty-five thousand dollars, be let by the board | 10678 |
to the lowest responsible bidder after advertisement for bids | 10679 |
once, not later than two weeks, prior to the date fixed for the | 10680 |
letting of the contract, in a newspaper | 10681 |
10682 | |
10683 | |
10684 | |
thousand dollars or less, a contract may be let without | 10685 |
competitive bidding, or the work may be done by force account. | 10686 |
Such a contract shall be performed under the supervision of a | 10687 |
member of the board or the township road superintendent. | 10688 |
(B) Before undertaking the construction or reconstruction of | 10689 |
a township road, the board shall cause to be made by the county | 10690 |
engineer an estimate of the cost of the work, which estimate shall | 10691 |
include labor, material, freight, fuel, hauling, use of machinery | 10692 |
and equipment, and all other items of cost. If the board finds it | 10693 |
in the best interest of the public, it may, in lieu of | 10694 |
constructing the road by contract, proceed to construct the road | 10695 |
by force account. Except as otherwise provided under sections | 10696 |
505.08 and 505.101 of the Revised Code, where the total
| 10697 |
estimated cost of the work exceeds fifteen thousand dollars per | 10698 |
mile, the board shall invite and receive competitive bids for | 10699 |
furnishing all the labor, materials, and equipment and doing the | 10700 |
work, as provided in section 5575.02 of the Revised Code, and | 10701 |
shall consider and reject them before ordering the work done by | 10702 |
force account. When such bids are received, considered, and | 10703 |
rejected, and the work is done by force account, the work shall be | 10704 |
performed in compliance with the plans and specifications upon | 10705 |
which the bids were based. | 10706 |
(C) Force account assessment forms are not required under | 10707 |
division (A) of this section for road maintenance or repair | 10708 |
projects of less than fifteen thousand dollars, or under division | 10709 |
(B) of this section for road construction or reconstruction | 10710 |
projects of less than five thousand dollars per mile. | 10711 |
(D) All force account work under this section shall be done | 10712 |
under the direction of a member of the board or the township road | 10713 |
superintendent. | 10714 |
Sec. 5575.02. After the board of township trustees has | 10715 |
decided to proceed with a road improvement, it shall advertise for | 10716 |
bids once, not later than two weeks prior to the date fixed for | 10717 |
the letting of contracts, in a newspaper | 10718 |
10719 | |
10720 | |
10721 | |
copies of the surveys, plans, profiles, cross sections, estimates, | 10722 |
and specifications for such improvement are on file with the | 10723 |
board, and the time within which bids will be received. The board | 10724 |
may let the work as a whole or in convenient sections, as it | 10725 |
determines. The contract shall be awarded to the lowest and best | 10726 |
bidder who meets the requirements of section 153.54 of the Revised | 10727 |
Code, and shall be let upon the basis of lump sum bids, unless the | 10728 |
board orders that it be let upon the basis of unit price bids, in | 10729 |
which event it shall be let upon such basis. | 10730 |
Sec. 5591.15. All resolutions and notices provided for in | 10731 |
sections 5591.03 to 5591.17 of the Revised Code | 10732 |
published in a newspaper
| 10733 |
in the county where the improvement provided in such sections is | 10734 |
to be made, and such publication shall be complete when published | 10735 |
once a week, on the same day of the week, for two consecutive | 10736 |
weeks or as provided in section 7.16 of the Revised Code. | 10737 |
Sec. 5593.08. The bridge commission of any county or city | 10738 |
may: | 10739 |
(A) Adopt bylaws for the regulation of its affairs and the | 10740 |
conduct of its business; | 10741 |
(B) Adopt an official seal, which shall not be the seal of | 10742 |
Ohio; | 10743 |
(C) Maintain a principal office and suboffices at such places | 10744 |
within the county or city as it designates; | 10745 |
(D) Sue and be sued in its own name, and plead and be | 10746 |
impleaded. Any actions against a bridge commission shall be | 10747 |
brought in the court of common pleas of the county in which the | 10748 |
principal office of the commission is located, or in the court of | 10749 |
common pleas of the county in which the cause of action arose, | 10750 |
when such county is located within this state. All summonses, | 10751 |
exceptions, and notices of every kind shall be served on the | 10752 |
commission by leaving a copy thereof at the principal office with | 10753 |
the secretary-treasurer or the person in charge. | 10754 |
(E) Construct, acquire by purchase or condemnation, improve, | 10755 |
maintain, repair, police, and operate any bridge, and establish | 10756 |
rules for the use of any such bridge; | 10757 |
(F) Issue bridge revenue bonds of the county or city, payable | 10758 |
solely from revenues, as provided in sections 5593.10 and 5593.16 | 10759 |
of the Revised Code, for the purpose of paying any part of the | 10760 |
cost of any bridge or bridges; | 10761 |
(G) Fix and revise from time to time and charge and collect | 10762 |
tolls for transit over each bridge constructed or acquired by it; | 10763 |
(H) Acquire, hold, and dispose of real and personal property | 10764 |
in the exercise of its powers and the performance of its duties | 10765 |
under this chapter; | 10766 |
(I) Acquire, in the name of the county or city, as the case | 10767 |
may be, by purchase or otherwise, on such terms and in such manner | 10768 |
as it determines proper, or by the exercise of the right of | 10769 |
condemnation in the manner provided by sections 163.01 to 163.22 | 10770 |
of the Revised Code, any bridge, land, rights, easements, | 10771 |
franchises, and other property necessary or convenient for the | 10772 |
construction of a bridge or the improvement or efficient operation | 10773 |
of any property acquired or constructed under this chapter, or for | 10774 |
securing right-of-way leading to any such bridge or its approach | 10775 |
facilities; | 10776 |
(J) Make and enter into all contracts and agreements | 10777 |
necessary or incidental to the performance of its duties and the | 10778 |
execution of its powers under this chapter: | 10779 |
(1) When the cost under any such contract or agreement, other | 10780 |
than compensation for personal services, involves an expenditure | 10781 |
of more than ten thousand dollars, the commission shall make a | 10782 |
written contract with the lowest and best bidder after | 10783 |
advertisement for not less than two consecutive weeks, or as | 10784 |
provided in section 7.16 of the Revised Code, in a newspaper of | 10785 |
general circulation in Franklin county, and in such other | 10786 |
publications as the commission determines, which notice shall | 10787 |
state the general character of the work and the general character | 10788 |
of the materials to be furnished, the place where plans and | 10789 |
specifications therefor may be examined, and the time and place of | 10790 |
receiving bids. | 10791 |
(2) Each bid for a contract for the construction, demolition, | 10792 |
alteration, repair, or reconstruction of an improvement shall | 10793 |
contain the full name of every person interested in it and meets | 10794 |
the requirements of section 153.54 of the Revised Code. | 10795 |
(3) Each bid for a contract except as provided in division | 10796 |
(J)(2) of this section shall contain the full name of every person | 10797 |
or company interested in it and shall be accompanied by a bond or | 10798 |
certified check on a solvent bank, in such amount as the | 10799 |
commission determines sufficient, that if the bid is accepted a | 10800 |
contract will be entered into and the performance of its proposal | 10801 |
secured. | 10802 |
(4) The commission may reject any and all bids. | 10803 |
(5) A bond with good and sufficient surety, approved by the | 10804 |
commission, shall be required of every contractor awarded a | 10805 |
contract except as provided in division (J)(2) of this section, in | 10806 |
an amount equal to at least fifty per cent of the contract price, | 10807 |
conditioned upon the faithful performance of the contract. | 10808 |
(K) Employ consulting engineers, superintendents, managers, | 10809 |
engineers, construction and accounting experts, attorneys, and | 10810 |
other employees and agents as are necessary in its judgment, and | 10811 |
fix their compensation. All such expenses are payable solely from | 10812 |
the proceeds of bridge revenue bonds issued under this chapter, or | 10813 |
from revenues. | 10814 |
(L) Receive and accept from any federal agency, subject to | 10815 |
the approval of the board of county commissioners or the | 10816 |
legislative authority of the city, as the case may be, grants for | 10817 |
or in aid of the construction, acquisition, improvement, or | 10818 |
operation of any bridge, and receive and accept aid or | 10819 |
contributions from any source of money, property, labor, or other | 10820 |
things of value, to be held, used, and applied only for the | 10821 |
purposes for which such grants and contributions are made; | 10822 |
(M) Provide coverage for its employees under sections 4123.01 | 10823 |
to 4123.94 and 4141.01 to 4141.46 of the Revised Code; | 10824 |
(N) Do all acts necessary or proper to carry out the powers | 10825 |
expressly granted in this chapter. | 10826 |
Sec. 5705.16. A resolution of the taxing authority of any | 10827 |
political subdivision shall be passed by a majority of all the | 10828 |
members thereof, declaring the necessity for the transfer of funds | 10829 |
authorized by section 5705.15 of the Revised Code, and such taxing | 10830 |
authority shall prepare a petition addressed to the court of | 10831 |
common pleas of the county in which the funds are held. The | 10832 |
petition shall set forth the name and amount of the fund, the fund | 10833 |
to which it is desired to be transferred, a copy of such | 10834 |
resolution with a full statement of the proceedings pertaining to | 10835 |
its passage, and the reason or necessity for the transfer. A | 10836 |
duplicate copy of said petition shall be forwarded to the tax | 10837 |
commissioner for | 10838 |
If the petition is disapproved by the commissioner, it shall | 10839 |
be returned within ten days of its receipt to the officers who | 10840 |
submitted it, with a memorandum of the commissioner's objections. | 10841 |
This disapproval shall not prejudice a later application for | 10842 |
approval. If the petition is approved by the commissioner, it | 10843 |
shall be forwarded within ten days of its receipt to the clerk of | 10844 |
the court of common pleas of the county to whose court of common | 10845 |
pleas the petition is addressed, marked with the approval of the | 10846 |
commissioner. If the commissioner approves the petition, | 10847 |
commissioner shall notify immediately the officers who submitted | 10848 |
the petition, who then may file the petition in the court to which | 10849 |
it is addressed. | 10850 |
The petitioner shall give notice of the filing, object, and | 10851 |
prayer of the petition, and of the time when it will be heard. The | 10852 |
notice shall be given by one publication in | 10853 |
a newspaper of general circulation in the territory to be affected | 10854 |
by such transfer of funds | 10855 |
10856 | |
newspaper, the notice shall be posted in ten conspicuous places | 10857 |
within the territory for | 10858 |
The petition may be heard at the time stated in the notice, | 10859 |
or as soon thereafter as convenient for the court. Any person who | 10860 |
objects to the prayer of such petition shall file | 10861 |
objections in such cause on or before the time fixed in the notice | 10862 |
for hearing, and | 10863 |
If, upon hearing, the court finds that the notice has been | 10864 |
given as required by this section, that the petition states | 10865 |
sufficient facts, that there are good reasons, or that a necessity | 10866 |
exists, for the transfer, and that no injury will result | 10867 |
therefrom, it shall grant the prayer of the petition and order the | 10868 |
petitioners to make such transfer. | 10869 |
A copy of the findings, orders, and judgments of the court | 10870 |
shall be certified by the clerk and entered on the records of the | 10871 |
petitioning officers or board, and thereupon the petitioners may | 10872 |
make the transfer of funds as directed by the court. All costs of | 10873 |
such proceedings shall be paid by the petitioners, except that if | 10874 |
objections are filed the court may order such objectors to pay all | 10875 |
or a portion of the costs. | 10876 |
Sec. 5705.191. The taxing authority of any subdivision, | 10877 |
other than the board of education of a school district or the | 10878 |
taxing authority of a county school financing district, by a vote | 10879 |
of two-thirds of all its members, may declare by resolution that | 10880 |
the amount of taxes that may be raised within the ten-mill | 10881 |
limitation by levies on the current tax duplicate will be | 10882 |
insufficient to provide an adequate amount for the necessary | 10883 |
requirements of the subdivision, and that it is necessary to levy | 10884 |
a tax in excess of such limitation for any of the purposes in | 10885 |
section 5705.19 of the Revised Code, or to supplement the general | 10886 |
fund for the purpose of making appropriations for one or more of | 10887 |
the following purposes: public assistance, human or social | 10888 |
services, relief, welfare, hospitalization, health, and support of | 10889 |
general hospitals, and that the question of such additional tax | 10890 |
levy shall be submitted to the electors of the subdivision at a | 10891 |
general, primary, or special election to be held at a time therein | 10892 |
specified. Such resolution shall not include a levy on the current | 10893 |
tax list and duplicate unless such election is to be held at or | 10894 |
prior to the general election day of the current tax year. Such | 10895 |
resolution shall conform to the requirements of section 5705.19 of | 10896 |
the Revised Code, except that a levy to supplement the general | 10897 |
fund for the purposes of public assistance, human or social | 10898 |
services, relief, welfare, hospitalization, health, or the support | 10899 |
of general or tuberculosis hospitals may not be for a longer | 10900 |
period than ten years. All other levies under this section may not | 10901 |
be for a longer period than five years unless a longer period is | 10902 |
permitted by section 5705.19 of the Revised Code, and the | 10903 |
resolution shall specify the date of holding such election, which | 10904 |
shall not be earlier than seventy-five days after the adoption and | 10905 |
certification of such resolution. The resolution shall go into | 10906 |
immediate effect upon its passage and no publication of the same | 10907 |
is necessary other than that provided for in the notice of | 10908 |
election. A copy of such resolution, immediately after its | 10909 |
passage, shall be certified to the board of elections of the | 10910 |
proper county or counties in the manner provided by section | 10911 |
5705.25 of the Revised Code, and such section shall govern the | 10912 |
arrangements for the submission of such question and other matters | 10913 |
with respect to such election, to which section 5705.25 of the | 10914 |
Revised Code refers, excepting that such election shall be held on | 10915 |
the date specified in the resolution, which shall be consistent | 10916 |
with the requirements of section 3501.01 of the Revised Code, | 10917 |
provided that only one special election for the submission of such | 10918 |
question may be held in any one calendar year and provided that a | 10919 |
special election may be held upon the same day a primary election | 10920 |
is held. Publication of notice of that election shall be made in | 10921 |
10922 | |
county once a week for two consecutive weeks or as provided in | 10923 |
section 7.16 of the Revised Code, prior to the election | 10924 |
If the board of elections operates and maintains a web site, the | 10925 |
board of elections shall post notice of the election on its web | 10926 |
site for thirty days prior to the election. | 10927 |
If a majority of the electors voting on the question vote in | 10928 |
favor thereof, the taxing authority of the subdivision may make | 10929 |
the necessary levy within such subdivision at the additional rate | 10930 |
or at any lesser rate outside the ten-mill limitation on the tax | 10931 |
list and duplicate for the purpose stated in the resolution. Such | 10932 |
tax levy shall be included in the next annual tax budget that is | 10933 |
certified to the county budget commission. | 10934 |
After the approval of such a levy by the electors, the taxing | 10935 |
authority of the subdivision may anticipate a fraction of the | 10936 |
proceeds of such levy and issue anticipation notes. In the case of | 10937 |
a continuing levy that is not levied for the purpose of current | 10938 |
expenses, notes may be issued at any time after approval of the | 10939 |
levy in an amount not more than fifty per cent of the total | 10940 |
estimated proceeds of the levy for the succeeding ten years, less | 10941 |
an amount equal to the fraction of the proceeds of the levy | 10942 |
previously anticipated by the issuance of anticipation notes. In | 10943 |
the case of a levy for a fixed period that is not for the purpose | 10944 |
of current expenses, notes may be issued at any time after | 10945 |
approval of the levy in an amount not more than fifty per cent of | 10946 |
the total estimated proceeds of the levy throughout the remaining | 10947 |
life of the levy, less an amount equal to the fraction of the | 10948 |
proceeds of the levy previously anticipated by the issuance of | 10949 |
anticipation notes. In the case of a levy for current expenses, | 10950 |
notes may be issued after the approval of the levy by the electors | 10951 |
and prior to the time when the first tax collection from the levy | 10952 |
can be made. Such notes may be issued in an amount not more than | 10953 |
fifty per cent of the total estimated proceeds of the levy | 10954 |
throughout the term of the levy in the case of a levy for a fixed | 10955 |
period, or fifty per cent of the total estimated proceeds for the | 10956 |
first ten years of the levy in the case of a continuing levy. | 10957 |
No anticipation notes that increase the net indebtedness of a | 10958 |
county may be issued without the prior consent of the board of | 10959 |
county commissioners of that county. The notes shall be issued as | 10960 |
provided in section 133.24 of the Revised Code, shall have | 10961 |
principal payments during each year after the year of their | 10962 |
issuance over a period not exceeding the life of the levy | 10963 |
anticipated, and may have a principal payment in the year of their | 10964 |
issuance. | 10965 |
"Taxing authority" and "subdivision" have the same meanings | 10966 |
as in section 5705.01 of the Revised Code. | 10967 |
This section is supplemental to and not in derogation of | 10968 |
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. | 10969 |
Sec. 5705.194. The board of education of any city, local, | 10970 |
exempted village, cooperative education, or joint vocational | 10971 |
school district at any time may declare by resolution that the | 10972 |
revenue that will be raised by all tax levies which the district | 10973 |
is authorized to impose, when combined with state and federal | 10974 |
revenues, will be insufficient to provide for the emergency | 10975 |
requirements of the school district or to avoid an operating | 10976 |
deficit, and that it is therefore necessary to levy an additional | 10977 |
tax in excess of the ten-mill limitation. The resolution shall be | 10978 |
confined to a single purpose and shall specify that purpose. If | 10979 |
the levy is proposed to renew all or a portion of the proceeds | 10980 |
derived from one or more existing levies imposed pursuant to this | 10981 |
section, it shall be called a renewal levy and shall be so | 10982 |
designated on the ballot. If two or more existing levies are to be | 10983 |
included in a single renewal levy but are not scheduled to expire | 10984 |
in the same year, the resolution shall specify that the existing | 10985 |
levies to be renewed shall not be levied after the year preceding | 10986 |
the year in which the renewal levy is first imposed. | 10987 |
Notwithstanding the original purpose of any one or more existing | 10988 |
levies that are to be in any single renewal levy, the purpose of | 10989 |
the renewal levy may be either to avoid an operating deficit or to | 10990 |
provide for the emergency requirements of the school district. The | 10991 |
resolution shall further specify the amount of money it is | 10992 |
necessary to raise for the specified purpose for each calendar | 10993 |
year the millage is to be imposed; if a renewal levy, whether the | 10994 |
levy is to renew all, or a portion of, the proceeds derived from | 10995 |
one or more existing levies; and the number of years in which the | 10996 |
millage is to be in effect, which may include a levy upon the | 10997 |
current year's tax list. The number of years may be any number not | 10998 |
exceeding ten. | 10999 |
The question shall be submitted at a special election on a | 11000 |
date specified in the resolution. The date shall not be earlier | 11001 |
than eighty days after the adoption and certification of the | 11002 |
resolution to the county auditor and shall be consistent with the | 11003 |
requirements of section 3501.01 of the Revised Code. A resolution | 11004 |
for a renewal levy shall not be placed on the ballot unless the | 11005 |
question is submitted on a date on which a special election may be | 11006 |
held under division (D) of section 3501.01 of the Revised Code, | 11007 |
except for the first Tuesday after the first Monday in February | 11008 |
and August, during the last year the levy to be renewed may be | 11009 |
extended on the real and public utility property tax list and | 11010 |
duplicate, or at any election held in the ensuing year, except | 11011 |
that if the resolution proposes renewing two or more existing | 11012 |
levies, the question shall be submitted on the date of the general | 11013 |
or primary election held during the last year at least one of the | 11014 |
levies to be renewed may be extended on that list and duplicate, | 11015 |
or at any election held during the ensuing year. For purposes of | 11016 |
this section, a levy shall be considered to be an "existing levy" | 11017 |
through the year following the last year it can be placed on the | 11018 |
real and public utility property tax list and duplicate. | 11019 |
The submission of questions to the electors under this | 11020 |
section is subject to the limitation on the number of election | 11021 |
dates established by section 5705.214 of the Revised Code. | 11022 |
The resolution shall go into immediate effect upon its | 11023 |
passage, and no publication of the resolution shall be necessary | 11024 |
other than that provided for in the notice of election. A copy of | 11025 |
the resolution shall immediately after its passing be certified to | 11026 |
the county auditor of the proper county. Section 5705.195 of the | 11027 |
Revised Code shall govern the arrangements for the submission of | 11028 |
questions to the electors under this section and other matters | 11029 |
concerning the election. Publication of notice of the election | 11030 |
shall be made in one | 11031 |
circulation in the county once a week for two consecutive weeks, | 11032 |
or as provided in section 7.16 of the Revised Code, prior to the | 11033 |
election | 11034 |
maintains a web site, the board of elections shall post notice of | 11035 |
the election on its web site for thirty days prior to the | 11036 |
election. If a majority of the electors voting on the question | 11037 |
submitted in an election vote in favor of the levy, the board of | 11038 |
education of the school district may make the additional levy | 11039 |
necessary to raise the amount specified in the resolution for the | 11040 |
purpose stated in the resolution. The tax levy shall be included | 11041 |
in the next tax budget that is certified to the county budget | 11042 |
commission. | 11043 |
After the approval of the levy and prior to the time when the | 11044 |
first tax collection from the levy can be made, the board of | 11045 |
education may anticipate a fraction of the proceeds of the levy | 11046 |
and issue anticipation notes in an amount not exceeding the total | 11047 |
estimated proceeds of the levy to be collected during the first | 11048 |
year of the levy. | 11049 |
The notes shall be issued as provided in section 133.24 of | 11050 |
the Revised Code, shall have principal payments during each year | 11051 |
after the year of their issuance over a period not to exceed five | 11052 |
years, and may have principal payment in the year of their | 11053 |
issuance. | 11054 |
Sec. 5705.196. The election provided for in section 5705.194 | 11055 |
of the Revised Code shall be held at the regular places for voting | 11056 |
in the district, and shall be conducted, canvassed, and certified | 11057 |
in the same manner as regular elections in the district for the | 11058 |
election of county officers, provided that in any such election in | 11059 |
which only part of the electors of a precinct are qualified to | 11060 |
vote, the board of elections may assign voters in such part to an | 11061 |
adjoining precinct. Such an assignment may be made to an adjoining | 11062 |
precinct in another county with the consent and approval of the | 11063 |
board of elections of such other county. Notice of the election | 11064 |
shall be published in one | 11065 |
circulation in the district once a week for two consecutive weeks | 11066 |
or as provided in section 7.16 of the Revised Code, prior to the | 11067 |
election | 11068 |
maintains a web site, the board of elections shall post notice of | 11069 |
the election on its web site for thirty days prior to the | 11070 |
election. Such notice shall state the annual proceeds of the | 11071 |
proposed levy, the purpose for which such proceeds are to be used, | 11072 |
the number of years during which the levy shall run, and the | 11073 |
estimated average additional tax rate expressed in dollars and | 11074 |
cents for each one hundred dollars of valuation as well as in | 11075 |
mills for each one dollar of valuation, outside the limitation | 11076 |
imposed by Section 2 of Article XII, Ohio Constitution, as | 11077 |
certified by the county auditor. | 11078 |
Sec. 5705.21. (A) At any time, the board of education of any | 11079 |
city, local, exempted village, cooperative education, or joint | 11080 |
vocational school district, by a vote of two-thirds of all its | 11081 |
members, may declare by resolution that the amount of taxes which | 11082 |
may be raised within the ten-mill limitation by levies on the | 11083 |
current tax duplicate will be insufficient to provide an adequate | 11084 |
amount for the necessary requirements of the school district, that | 11085 |
it is necessary to levy a tax in excess of such limitation for one | 11086 |
of the purposes specified in division (A), (D), (F), (H), or (DD) | 11087 |
of section 5705.19 of the Revised Code, for general permanent | 11088 |
improvements, for the purpose of operating a cultural center, or | 11089 |
for the purpose of providing education technology, and that the | 11090 |
question of such additional tax levy shall be submitted to the | 11091 |
electors of the school district at a special election on a day to | 11092 |
be specified in the resolution. | 11093 |
As used in this section, "cultural center" means a | 11094 |
freestanding building, separate from a public school building, | 11095 |
that is open to the public for educational, musical, artistic, and | 11096 |
cultural purposes; "education technology" means, but is not | 11097 |
limited to, computer hardware, equipment, materials, and | 11098 |
accessories, equipment used for two-way audio or video, and | 11099 |
software; and "general permanent improvements" means permanent | 11100 |
improvements without regard to the limitation of division (F) of | 11101 |
section 5705.19 of the Revised Code that the improvements be a | 11102 |
specific improvement or a class of improvements that may be | 11103 |
included in a single bond issue. | 11104 |
The submission of questions to the electors under this | 11105 |
section is subject to the limitation on the number of election | 11106 |
dates established by section 5705.214 of the Revised Code. | 11107 |
(B) Such resolution shall be confined to a single purpose and | 11108 |
shall specify the amount of the increase in rate that it is | 11109 |
necessary to levy, the purpose of the levy, and the number of | 11110 |
years during which the increase in rate shall be in effect. The | 11111 |
number of years may be any number not exceeding five or, if the | 11112 |
levy is for current expenses of the district or for general | 11113 |
permanent improvements, for a continuing period of time. The | 11114 |
resolution shall specify the date of holding such election, which | 11115 |
shall not be earlier than seventy-five days after the adoption and | 11116 |
certification of the resolution and which shall be consistent with | 11117 |
the requirements of section 3501.01 of the Revised Code. | 11118 |
The resolution may propose to renew one or more existing | 11119 |
levies imposed under this section or to increase or decrease a | 11120 |
single levy imposed under this section. If the board of education | 11121 |
imposes one or more existing levies for the purpose specified in | 11122 |
division (F) of section 5705.19 of the Revised Code, the | 11123 |
resolution may propose to renew one or more of those existing | 11124 |
levies, or to increase or decrease a single such existing levy, | 11125 |
for the purpose of general permanent improvements. If the | 11126 |
resolution proposes to renew two or more existing levies, the | 11127 |
levies shall be levied for the same purpose. The resolution shall | 11128 |
identify those levies and the rates at which they are levied. The | 11129 |
resolution also shall specify that the existing levies shall not | 11130 |
be extended on the tax lists after the year preceding the year in | 11131 |
which the renewal levy is first imposed, regardless of the years | 11132 |
for which those levies originally were authorized to be levied. | 11133 |
The resolution shall go into immediate effect upon its | 11134 |
passage, and no publication of the resolution shall be necessary | 11135 |
other than that provided for in the notice of election. A copy of | 11136 |
the resolution shall immediately after its passing be certified to | 11137 |
the board of elections of the proper county in the manner provided | 11138 |
by section 5705.25 of the Revised Code, and that section shall | 11139 |
govern the arrangements for the submission of such question and | 11140 |
other matters concerning such election, to which that section | 11141 |
refers, except that such election shall be held on the date | 11142 |
specified in the resolution. Publication of notice of that | 11143 |
election shall be made in one | 11144 |
general circulation in the county once a week for two consecutive | 11145 |
weeks or as provided in section 7.16 of the Revised Code, prior to | 11146 |
the election | 11147 |
maintains a web site, the board of elections shall post notice of | 11148 |
the election on its web site for thirty days prior to the | 11149 |
election. If a majority of the electors voting on the question so | 11150 |
submitted in an election vote in favor of the levy, the board of | 11151 |
education may make the necessary levy within the school district | 11152 |
at the additional rate, or at any lesser rate in excess of the | 11153 |
ten-mill limitation on the tax list, for the purpose stated in the | 11154 |
resolution. A levy for a continuing period of time may be reduced | 11155 |
pursuant to section 5705.261 of the Revised Code. The tax levy | 11156 |
shall be included in the next tax budget that is certified to the | 11157 |
county budget commission. | 11158 |
(C)(1) After the approval of a levy on the current tax list | 11159 |
and duplicate for current expenses, for recreational purposes, for | 11160 |
community centers provided for in section 755.16 of the Revised | 11161 |
Code, or for a public library of the district and prior to the | 11162 |
time when the first tax collection from the levy can be made, the | 11163 |
board of education may anticipate a fraction of the proceeds of | 11164 |
the levy and issue anticipation notes in a principal amount not | 11165 |
exceeding fifty per cent of the total estimated proceeds of the | 11166 |
levy to be collected during the first year of the levy. | 11167 |
(2) After the approval of a levy for general permanent | 11168 |
improvements for a specified number of years, or for permanent | 11169 |
improvements having the purpose specified in division (F) of | 11170 |
section 5705.19 of the Revised Code, the board of education may | 11171 |
anticipate a fraction of the proceeds of the levy and issue | 11172 |
anticipation notes in a principal amount not exceeding fifty per | 11173 |
cent of the total estimated proceeds of the levy remaining to be | 11174 |
collected in each year over a period of five years after the | 11175 |
issuance of the notes. | 11176 |
The notes shall be issued as provided in section 133.24 of | 11177 |
the Revised Code, shall have principal payments during each year | 11178 |
after the year of their issuance over a period not to exceed five | 11179 |
years, and may have a principal payment in the year of their | 11180 |
issuance. | 11181 |
(3) After approval of a levy for general permanent | 11182 |
improvements for a continuing period of time, the board of | 11183 |
education may anticipate a fraction of the proceeds of the levy | 11184 |
and issue anticipation notes in a principal amount not exceeding | 11185 |
fifty per cent of the total estimated proceeds of the levy to be | 11186 |
collected in each year over a specified period of years, not | 11187 |
exceeding ten, after the issuance of the notes. | 11188 |
The notes shall be issued as provided in section 133.24 of | 11189 |
the Revised Code, shall have principal payments during each year | 11190 |
after the year of their issuance over a period not to exceed ten | 11191 |
years, and may have a principal payment in the year of their | 11192 |
issuance. | 11193 |
Sec. 5705.211. (A) As used in this section: | 11194 |
(1) "Adjusted charge-off increase" for a tax year means two | 11195 |
per cent of the cumulative carryover property value increase. If | 11196 |
the cumulative carryover property value increase is computed on | 11197 |
the basis of a school district's recognized valuation for a fiscal | 11198 |
year before fiscal year 2014, the adjusted charge-off increase | 11199 |
shall be adjusted to account for the greater charge-off rates | 11200 |
prescribed for such fiscal years under sections 3317.022 and | 11201 |
3306.13 of the Revised Code. | 11202 |
(2) "Cumulative carryover property value increase" means the | 11203 |
sum of the increases in carryover value certified under division | 11204 |
(B)(2) of section 3317.015 of the Revised Code and included in a | 11205 |
school district's total taxable value in the computation of | 11206 |
recognized valuation under division (B) of that section for all | 11207 |
fiscal years from the fiscal year that ends in the first tax year | 11208 |
a levy under this section is extended on the tax list of real and | 11209 |
public utility property until and including the fiscal year that | 11210 |
ends in the current tax year. | 11211 |
(3) "Taxes charged and payable" means the taxes charged and | 11212 |
payable from a tax levy extended on the real and public utility | 11213 |
property tax list and the general list of personal property before | 11214 |
any reduction under section 319.302, 323.152, or 323.158 of the | 11215 |
Revised Code. | 11216 |
(B) The board of education of a city, local, or exempted | 11217 |
village school district may adopt a resolution proposing the levy | 11218 |
of a tax in excess of the ten-mill limitation for the purpose of | 11219 |
paying the current operating expenses of the district. If the | 11220 |
resolution is approved as provided in division (D) of this | 11221 |
section, the tax may be levied at such a rate each tax year that | 11222 |
the total taxes charged and payable from the levy equals the | 11223 |
adjusted charge-off increase for the tax year or equals a lesser | 11224 |
amount as prescribed under division (C) of this section. The tax | 11225 |
may be levied for a continuing period of time or for a specific | 11226 |
number of years, but not fewer than five years, as provided in the | 11227 |
resolution. The tax may not be placed on the tax list for a tax | 11228 |
year beginning before the first day of January following adoption | 11229 |
of the resolution. A board of education may not adopt a resolution | 11230 |
under this section proposing to levy a tax under this section | 11231 |
concurrently with any other tax levied by the board under this | 11232 |
section. | 11233 |
(C) After the first year a tax is levied under this section, | 11234 |
the rate of the tax in any year shall not exceed the rate, | 11235 |
estimated by the county auditor, that would cause the sums levied | 11236 |
from the tax against carryover property to exceed one hundred four | 11237 |
per cent of the sums levied from the tax against carryover | 11238 |
property in the preceding year. A board of education imposing a | 11239 |
tax under this section may specify in the resolution imposing the | 11240 |
tax that the percentage shall be less than one hundred four per | 11241 |
cent, but the percentage shall not be less than one hundred per | 11242 |
cent. At any time after a resolution adopted under this section is | 11243 |
approved by a majority of electors as provided in division (D) of | 11244 |
this section, the board of education, by resolution, may decrease | 11245 |
the percentage specified in the resolution levying the tax. | 11246 |
(D) A resolution adopted under this section shall state that | 11247 |
the purpose of the tax is to pay current operating expenses of the | 11248 |
district, and shall specify the first year in which the tax is to | 11249 |
be levied, the number of years the tax will be levied or that it | 11250 |
will be levied for a continuing period of time, and the election | 11251 |
at which the question of the tax is to appear on the ballot, which | 11252 |
shall be a general or special election consistent with the | 11253 |
requirements of section 3501.01 of the Revised Code. If the board | 11254 |
of education specifies a percentage less than one hundred four per | 11255 |
cent pursuant to division (C) of this section, the percentage | 11256 |
shall be specified in the resolution. | 11257 |
Upon adoption of the resolution, the board of education may | 11258 |
certify a copy of the resolution to the proper county board of | 11259 |
elections. The copy of the resolution shall be certified to the | 11260 |
board of elections not later than seventy-five days before the day | 11261 |
of the election at which the question of the tax is to appear on | 11262 |
the ballot. Upon receiving a timely certified copy of such a | 11263 |
resolution, the board of elections shall make the necessary | 11264 |
arrangements for the submission of the question to the electors of | 11265 |
the school district, and the election shall be conducted, | 11266 |
canvassed, and certified in the same manner as regular elections | 11267 |
in the school district for the election of members of the board of | 11268 |
education. Notice of the election shall be published in | 11269 |
11270 | |
district once per week for four consecutive weeks or as provided | 11271 |
in section 7.16 of the Revised Code. The notice shall state that | 11272 |
the purpose of the tax is for the current operating expenses of | 11273 |
the school district, the first year the tax is to be levied, the | 11274 |
number of years the tax is to be levied or that it is to be levied | 11275 |
for a continuing period of time, that the tax is to be levied each | 11276 |
year in an amount estimated to offset decreases in state base cost | 11277 |
funding caused by appreciation in real estate values, and that the | 11278 |
estimated additional tax in any year shall not exceed the previous | 11279 |
year's by more than four per cent, or a lesser percentage | 11280 |
specified in the resolution levying the tax, except for increases | 11281 |
caused by the addition of new taxable property. | 11282 |
The question shall be submitted as a separate proposition but | 11283 |
may be printed on the same ballot with any other proposition | 11284 |
submitted at the same election other than the election of | 11285 |
officers. | 11286 |
The form of the ballot shall be substantially as follows: | 11287 |
"An additional tax for the benefit of (name of school | 11288 |
district) for the purpose of paying the current operating expenses | 11289 |
of the district, for .......... (number of years or for continuing | 11290 |
period of time), at a rate sufficient to offset any reduction in | 11291 |
basic state funding caused by appreciation in real estate values? | 11292 |
This levy will permit variable annual growth in revenue up to | 11293 |
.......... (amount specified by school district) per cent for the | 11294 |
duration of the levy. | 11295 |
11296 |
For the tax levy | 11297 | ||||
Against the tax levy | " | 11298 |
11299 |
If a majority of the electors of the school district voting | 11300 |
on the question vote in favor of the question, the board of | 11301 |
elections shall certify the results of the election to the board | 11302 |
of education and to the tax commissioner immediately after the | 11303 |
canvass. | 11304 |
(E) When preparing any estimate of the contemplated receipts | 11305 |
from a tax levied pursuant to this section for the purposes of | 11306 |
sections 5705.28 to 5705.40 of the Revised Code, and in preparing | 11307 |
to certify the tax under section 5705.34 of the Revised Code, a | 11308 |
board of education authorized to levy such a tax shall use | 11309 |
information supplied by the department of education to determine | 11310 |
the adjusted charge-off increase for the tax year for which that | 11311 |
certification is made. If the board levied a tax under this | 11312 |
section in the preceding tax year, the sum to be certified for | 11313 |
collection from the tax shall not exceed the sum that would exceed | 11314 |
the limitation imposed under division (C) of this section. At the | 11315 |
request of the board of education or the treasurer of the school | 11316 |
district, the county auditor shall assist the board of education | 11317 |
in determining the rate or sum that may be levied under this | 11318 |
section. | 11319 |
The board of education shall certify the sum authorized to be | 11320 |
levied to the county auditor, and, for the purpose of the county | 11321 |
auditor determining the rate at which the tax is to be levied in | 11322 |
the tax year, the sum so certified shall be the sum to be raised | 11323 |
by the tax unless the sum exceeds the limitation imposed by | 11324 |
division (C) of this section. A tax levied pursuant to this | 11325 |
section shall not be levied at a rate in excess of the rate | 11326 |
estimated by the county auditor to produce the sum certified by | 11327 |
the board of education before the reductions under sections | 11328 |
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding | 11329 |
section 5705.34 of the Revised Code, a board of education | 11330 |
authorized to levy a tax under this section shall certify the tax | 11331 |
to the county auditor before the first day of October of the tax | 11332 |
year in which the tax is to be levied, or at a later date as | 11333 |
approved by the tax commissioner. | 11334 |
Sec. 5705.218. (A) The board of education of a city, local, | 11335 |
or exempted village school district, at any time by a vote of | 11336 |
two-thirds of all its members, may declare by resolution that it | 11337 |
may be necessary for the school district to issue general | 11338 |
obligation bonds for permanent improvements. The resolution shall | 11339 |
state all of the following: | 11340 |
(1) The necessity and purpose of the bond issue; | 11341 |
(2) The date of the special election at which the question | 11342 |
shall be submitted to the electors; | 11343 |
(3) The amount, approximate date, estimated rate of interest, | 11344 |
and maximum number of years over which the principal of the bonds | 11345 |
may be paid; | 11346 |
(4) The necessity of levying a tax outside the ten-mill | 11347 |
limitation to pay debt charges on the bonds and any anticipatory | 11348 |
securities. | 11349 |
On adoption of the resolution, the board shall certify a copy | 11350 |
of it to the county auditor. The county auditor promptly shall | 11351 |
estimate and certify to the board the average annual property tax | 11352 |
rate required throughout the stated maturity of the bonds to pay | 11353 |
debt charges on the bonds, in the same manner as under division | 11354 |
(C) of section 133.18 of the Revised Code. | 11355 |
(B) After receiving the county auditor's certification under | 11356 |
division (A) of this section, the board of education of the city, | 11357 |
local, or exempted village school district, by a vote of | 11358 |
two-thirds of all its members, may declare by resolution that the | 11359 |
amount of taxes that can be raised within the ten-mill limitation | 11360 |
will be insufficient to provide an adequate amount for the present | 11361 |
and future requirements of the school district; that it is | 11362 |
necessary to issue general obligation bonds of the school district | 11363 |
for permanent improvements and to levy an additional tax in excess | 11364 |
of the ten-mill limitation to pay debt charges on the bonds and | 11365 |
any anticipatory securities; that it is necessary for a specified | 11366 |
number of years or for a continuing period of time to levy | 11367 |
additional taxes in excess of the ten-mill limitation to provide | 11368 |
funds for the acquisition, construction, enlargement, renovation, | 11369 |
and financing of permanent improvements or to pay for current | 11370 |
operating expenses, or both; and that the question of the bonds | 11371 |
and taxes shall be submitted to the electors of the school | 11372 |
district at a special election, which shall not be earlier than | 11373 |
seventy-five days after certification of the resolution to the | 11374 |
board of elections, and the date of which shall be consistent with | 11375 |
section 3501.01 of the Revised Code. The resolution shall specify | 11376 |
all of the following: | 11377 |
(1) The county auditor's estimate of the average annual | 11378 |
property tax rate required throughout the stated maturity of the | 11379 |
bonds to pay debt charges on the bonds; | 11380 |
(2) The proposed rate of the tax, if any, for current | 11381 |
operating expenses, the first year the tax will be levied, and the | 11382 |
number of years it will be levied, or that it will be levied for a | 11383 |
continuing period of time; | 11384 |
(3) The proposed rate of the tax, if any, for permanent | 11385 |
improvements, the first year the tax will be levied, and the | 11386 |
number of years it will be levied, or that it will be levied for a | 11387 |
continuing period of time. | 11388 |
The resolution shall apportion the annual rate of the tax | 11389 |
between current operating expenses and permanent improvements, if | 11390 |
both taxes are proposed. The apportionment may but need not be the | 11391 |
same for each year of the tax, but the respective portions of the | 11392 |
rate actually levied each year for current operating expenses and | 11393 |
permanent improvements shall be limited by the apportionment. The | 11394 |
resolution shall go into immediate effect upon its passage, and no | 11395 |
publication of it is necessary other than that provided in the | 11396 |
notice of election. The board of education shall certify a copy of | 11397 |
the resolution, along with copies of the auditor's estimate and | 11398 |
its resolution under division (A) of this section, to the board of | 11399 |
elections immediately after its adoption. | 11400 |
(C) The board of elections shall make the arrangements for | 11401 |
the submission of the question to the electors of the school | 11402 |
district, and the election shall be conducted, canvassed, and | 11403 |
certified in the same manner as regular elections in the district | 11404 |
for the election of county officers. The resolution shall be put | 11405 |
before the electors as one ballot question, with a favorable vote | 11406 |
indicating approval of the bond issue, the levy to pay debt | 11407 |
charges on the bonds and any anticipatory securities, the current | 11408 |
operating expenses levy, and the permanent improvements levy, if | 11409 |
either or both levies are proposed. The board of elections shall | 11410 |
publish notice of the election in one | 11411 |
of general circulation in the school district once a week for two | 11412 |
consecutive weeks or as provided in section 7.16 of the Revised | 11413 |
Code, prior to the election | 11414 |
operates and maintains a web site, that board also shall post | 11415 |
notice of the election on its web site for thirty days prior to | 11416 |
the election. The notice of election shall state all of the | 11417 |
following: | 11418 |
(1) The principal amount of the proposed bond issue; | 11419 |
(2) The permanent improvements for which the bonds are to be | 11420 |
issued; | 11421 |
(3) The maximum number of years over which the principal of | 11422 |
the bonds may be paid; | 11423 |
(4) The estimated additional average annual property tax rate | 11424 |
to pay the debt charges on the bonds, as certified by the county | 11425 |
auditor; | 11426 |
(5) The proposed rate of the additional tax, if any, for | 11427 |
current operating expenses; | 11428 |
(6) The number of years the current operating expenses tax | 11429 |
will be in effect, or that it will be in effect for a continuing | 11430 |
period of time; | 11431 |
(7) The proposed rate of the additional tax, if any, for | 11432 |
permanent improvements; | 11433 |
(8) The number of years the permanent improvements tax will | 11434 |
be in effect, or that it will be in effect for a continuing period | 11435 |
of time; | 11436 |
(9) The time and place of the special election. | 11437 |
(D) The form of the ballot for an election under this section | 11438 |
is as follows: | 11439 |
"Shall the .......... school district be authorized to do the | 11440 |
following: | 11441 |
(1) Issue bonds for the purpose of .......... in the | 11442 |
principal amount of $......, to be repaid annually over a maximum | 11443 |
period of ...... years, and levy a property tax outside the | 11444 |
ten-mill limitation, estimated by the county auditor to average | 11445 |
over the bond repayment period ...... mills for each one dollar of | 11446 |
tax valuation, which amounts to ...... (rate expressed in cents or | 11447 |
dollars and cents, such as "36 cents" or "$1.41") for each $100 of | 11448 |
tax valuation, to pay the annual debt charges on the bonds, and to | 11449 |
pay debt charges on any notes issued in anticipation of those | 11450 |
bonds?" | 11451 |
If either a levy for permanent improvements or a levy for | 11452 |
current operating expenses is proposed, or both are proposed, the | 11453 |
ballot also shall contain the following language, as appropriate: | 11454 |
"(2) Levy an additional property tax to provide funds for the | 11455 |
acquisition, construction, enlargement, renovation, and financing | 11456 |
of permanent improvements at a rate not exceeding ....... mills | 11457 |
for each one dollar of tax valuation, which amounts to ....... | 11458 |
(rate expressed in cents or dollars and cents) for each $100 of | 11459 |
tax valuation, for ...... (number of years of the levy, or a | 11460 |
continuing period of time)? | 11461 |
(3) Levy an additional property tax to pay current operating | 11462 |
expenses at a rate not exceeding ....... mills for each one dollar | 11463 |
of tax valuation, which amounts to ....... (rate expressed in | 11464 |
cents or dollars and cents) for each $100 of tax valuation, for | 11465 |
....... (number of years of the levy, or a continuing period of | 11466 |
time)? | 11467 |
11468 |
FOR THE BOND ISSUE AND LEVY (OR LEVIES) | 11469 | ||||
AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) | " | 11470 |
11471 |
(E) The board of elections promptly shall certify the results | 11472 |
of the election to the tax commissioner and the county auditor of | 11473 |
the county in which the school district is located. If a majority | 11474 |
of the electors voting on the question vote for it, the board of | 11475 |
education may proceed with issuance of the bonds and with the levy | 11476 |
and collection of the property tax or taxes at the additional rate | 11477 |
or any lesser rate in excess of the ten-mill limitation. Any | 11478 |
securities issued by the board of education under this section are | 11479 |
Chapter 133. securities, as that term is defined in section 133.01 | 11480 |
of the Revised Code. | 11481 |
(F)(1) After the approval of a tax for current operating | 11482 |
expenses under this section and prior to the time the first | 11483 |
collection and distribution from the levy can be made, the board | 11484 |
of education may anticipate a fraction of the proceeds of such | 11485 |
levy and issue anticipation notes in a principal amount not | 11486 |
exceeding fifty per cent of the total estimated proceeds of the | 11487 |
tax to be collected during the first year of the levy. | 11488 |
(2) After the approval of a tax under this section for | 11489 |
permanent improvements having a specific purpose, the board of | 11490 |
education may anticipate a fraction of the proceeds of such tax | 11491 |
and issue anticipation notes in a principal amount not exceeding | 11492 |
fifty per cent of the total estimated proceeds of the tax | 11493 |
remaining to be collected in each year over a period of five years | 11494 |
after issuance of the notes. | 11495 |
(3) After the approval of a tax for general, on-going | 11496 |
permanent improvements under this section, the board of education | 11497 |
may anticipate a fraction of the proceeds of such tax and issue | 11498 |
anticipation notes in a principal amount not exceeding fifty per | 11499 |
cent of the total estimated proceeds of the tax to be collected in | 11500 |
each year over a specified period of years, not exceeding ten, | 11501 |
after issuance of the notes. | 11502 |
Anticipation notes under this section shall be issued as | 11503 |
provided in section 133.24 of the Revised Code. Notes issued under | 11504 |
division (F)(1) or (2) of this section shall have principal | 11505 |
payments during each year after the year of their issuance over a | 11506 |
period not to exceed five years, and may have a principal payment | 11507 |
in the year of their issuance. Notes issued under division (F)(3) | 11508 |
of this section shall have principal payments during each year | 11509 |
after the year of their issuance over a period not to exceed ten | 11510 |
years, and may have a principal payment in the year of their | 11511 |
issuance. | 11512 |
(G) A tax for current operating expenses or for permanent | 11513 |
improvements levied under this section for a specified number of | 11514 |
years may be renewed or replaced in the same manner as a tax for | 11515 |
current operating expenses or for permanent improvements levied | 11516 |
under section 5705.21 of the Revised Code. A tax for current | 11517 |
operating expenses or for permanent improvements levied under this | 11518 |
section for a continuing period of time may be decreased in | 11519 |
accordance with section 5705.261 of the Revised Code. | 11520 |
(H) The submission of a question to the electors under this | 11521 |
section is subject to the limitation on the number of elections | 11522 |
that can be held in a year under section 5705.214 of the Revised | 11523 |
Code. | 11524 |
(I) A school district board of education proposing a ballot | 11525 |
measure under this section to generate local resources for a | 11526 |
project under the school building assistance expedited local | 11527 |
partnership program under section 3318.36 of the Revised Code may | 11528 |
combine the questions under division (D) of this section with a | 11529 |
question for the levy of a property tax to generate moneys for | 11530 |
maintenance of the classroom facilities acquired under that | 11531 |
project as prescribed in section 3318.361 of the Revised Code. | 11532 |
Sec. 5705.25. (A) A copy of any resolution adopted as | 11533 |
provided in section 5705.19 or 5705.2111 of the Revised Code shall | 11534 |
be certified by the taxing authority to the board of elections of | 11535 |
the proper county not less than seventy-five days before the | 11536 |
general election in any year, and the board shall submit the | 11537 |
proposal to the electors of the subdivision at the succeeding | 11538 |
November election. Except as otherwise provided in this division, | 11539 |
a resolution to renew an existing levy, regardless of the section | 11540 |
of the Revised Code under which the tax was imposed, shall not be | 11541 |
placed on the ballot unless the question is submitted at the | 11542 |
general election held during the last year the tax to be renewed | 11543 |
or replaced may be extended on the real and public utility | 11544 |
property tax list and duplicate, or at any election held in the | 11545 |
ensuing year. The limitation of the foregoing sentence does not | 11546 |
apply to a resolution to renew and increase or to renew part of an | 11547 |
existing levy that was imposed under section 5705.191 of the | 11548 |
Revised Code to supplement the general fund for the purpose of | 11549 |
making appropriations for one or more of the following purposes: | 11550 |
for public assistance, human or social services, relief, welfare, | 11551 |
hospitalization, health, and support of general hospitals. The | 11552 |
limitation of the second preceding sentence also does not apply to | 11553 |
a resolution that proposes to renew two or more existing levies | 11554 |
imposed under section 5705.21 of the Revised Code, in which case | 11555 |
the question shall be submitted on the date of the general or | 11556 |
primary election held during the last year at least one of the | 11557 |
levies to be renewed may be extended on the real and public | 11558 |
utility property tax list and duplicate, or at any election held | 11559 |
during the ensuing year. For purposes of this section, a levy | 11560 |
shall be considered to be an "existing levy" through the year | 11561 |
following the last year it can be placed on that tax list and | 11562 |
duplicate. | 11563 |
The board shall make the necessary arrangements for the | 11564 |
submission of such questions to the electors of such subdivision, | 11565 |
and the election shall be conducted, canvassed, and certified in | 11566 |
the same manner as regular elections in such subdivision for the | 11567 |
election of county officers. Notice of the election shall be | 11568 |
published in a newspaper of general circulation in the subdivision | 11569 |
once a week for two consecutive weeks or as provided in section | 11570 |
7.16 of the Revised Code, prior to the election | 11571 |
board of elections operates and maintains a web site, the board of | 11572 |
elections shall post notice of the election on its web site for | 11573 |
thirty days prior to the election. The notice shall state the | 11574 |
purpose, the proposed increase in rate expressed in dollars and | 11575 |
cents for each one hundred dollars of valuation as well as in | 11576 |
mills for each one dollar of valuation, the number of years during | 11577 |
which the increase will be in effect, the first month and year in | 11578 |
which the tax will be levied, and the time and place of the | 11579 |
election. | 11580 |
(B) The form of the ballots cast at an election held pursuant | 11581 |
to division (A) of this section shall be as follows: | 11582 |
"An additional tax for the benefit of (name of subdivision or | 11583 |
public library) .......... for the purpose of (purpose stated in | 11584 |
the resolution) .......... at a rate not exceeding ...... mills | 11585 |
for each one dollar of valuation, which amounts to (rate expressed | 11586 |
in dollars and cents) ............ for each one hundred dollars of | 11587 |
valuation, for ...... (life of indebtedness or number of years the | 11588 |
levy is to run). | 11589 |
11590 |
For the Tax Levy | 11591 | ||||
Against the Tax Levy | " | 11592 |
11593 |
(C) If the levy is to be in effect for a continuing period of | 11594 |
time, the notice of election and the form of ballot shall so state | 11595 |
instead of setting forth a specified number of years for the levy. | 11596 |
If the tax is to be placed on the current tax list, the form | 11597 |
of the ballot shall be modified by adding, after the statement of | 11598 |
the number of years the levy is to run, the phrase ", commencing | 11599 |
in .......... (first year the tax is to be levied), first due in | 11600 |
calendar year .......... (first calendar year in which the tax | 11601 |
shall be due)." | 11602 |
If the levy submitted is a proposal to renew, increase, or | 11603 |
decrease an existing levy, the form of the ballot specified in | 11604 |
division (B) of this section may be changed by substituting for | 11605 |
the words "An additional" at the beginning of the form, the words | 11606 |
"A renewal of a" in case of a proposal to renew an existing levy | 11607 |
in the same amount; the words "A renewal of ........ mills and an | 11608 |
increase of ...... mills to constitute a" in the case of an | 11609 |
increase; or the words "A renewal of part of an existing levy, | 11610 |
being a reduction of ...... mills, to constitute a" in the case of | 11611 |
a decrease in the proposed levy. | 11612 |
If the levy submitted is a proposal to renew two or more | 11613 |
existing levies imposed under section 5705.21 of the Revised Code, | 11614 |
the form of the ballot specified in division (B) of this section | 11615 |
shall be modified by substituting for the words "an additional | 11616 |
tax" the words "a renewal of ....(insert the number of levies to | 11617 |
be renewed) existing taxes." | 11618 |
The question covered by such resolution shall be submitted as | 11619 |
a separate proposition but may be printed on the same ballot with | 11620 |
any other proposition submitted at the same election, other than | 11621 |
the election of officers. More than one such question may be | 11622 |
submitted at the same election. | 11623 |
(D) A levy voted in excess of the ten-mill limitation under | 11624 |
this section shall be certified to the tax commissioner. In the | 11625 |
first year of the levy, it shall be extended on the tax lists | 11626 |
after the February settlement succeeding the election. If the | 11627 |
additional tax is to be placed upon the tax list of the current | 11628 |
year, as specified in the resolution providing for its submission, | 11629 |
the result of the election shall be certified immediately after | 11630 |
the canvass by the board of elections to the taxing authority, who | 11631 |
shall make the necessary levy and certify it to the county | 11632 |
auditor, who shall extend it on the tax lists for collection. | 11633 |
After the first year, the tax levy shall be included in the annual | 11634 |
tax budget that is certified to the county budget commission. | 11635 |
Sec. 5705.251. (A) A copy of a resolution adopted under | 11636 |
section 5705.212 or 5705.213 of the Revised Code shall be | 11637 |
certified by the board of education to the board of elections of | 11638 |
the proper county not less than seventy-five days before the date | 11639 |
of the election specified in the resolution, and the board of | 11640 |
elections shall submit the proposal to the electors of the school | 11641 |
district at a special election to be held on that date. The board | 11642 |
of elections shall make the necessary arrangements for the | 11643 |
submission of the question or questions to the electors of the | 11644 |
school district, and the election shall be conducted, canvassed, | 11645 |
and certified in the same manner as regular elections in the | 11646 |
school district for the election of county officers. Notice of the | 11647 |
election shall be published in a newspaper of general circulation | 11648 |
in the subdivision once a week for two consecutive weeks or as | 11649 |
provided in section 7.16 of the Revised Code, prior to the | 11650 |
election | 11651 |
maintains a web site, the board of elections shall post notice of | 11652 |
the election on its web site for thirty days prior to the | 11653 |
election. | 11654 |
(1) In the case of a resolution adopted under section | 11655 |
5705.212 of the Revised Code, the notice shall state separately, | 11656 |
for each tax being proposed, the purpose; the proposed increase in | 11657 |
rate, expressed in dollars and cents for each one hundred dollars | 11658 |
of valuation as well as in mills for each one dollar of valuation; | 11659 |
the number of years during which the increase will be in effect; | 11660 |
and the first calendar year in which the tax will be due. For an | 11661 |
election on the question of a renewal levy, the notice shall state | 11662 |
the purpose; the proposed rate, expressed in dollars and cents for | 11663 |
each one hundred dollars of valuation as well as in mills for each | 11664 |
one dollar of valuation; and the number of years the tax will be | 11665 |
in effect. | 11666 |
(2) In the case of a resolution adopted under section | 11667 |
5705.213 of the Revised Code, the notice shall state the purpose; | 11668 |
the amount proposed to be raised by the tax in the first year it | 11669 |
is levied; the estimated average additional tax rate for the first | 11670 |
year it is proposed to be levied, expressed in mills for each one | 11671 |
dollar of valuation and in dollars and cents for each one hundred | 11672 |
dollars of valuation; the number of years during which the | 11673 |
increase will be in effect; and the first calendar year in which | 11674 |
the tax will be due. The notice also shall state the amount by | 11675 |
which the amount to be raised by the tax may be increased in each | 11676 |
year after the first year. The amount of the allowable increase | 11677 |
may be expressed in terms of a dollar increase over, or a | 11678 |
percentage of, the amount raised by the tax in the immediately | 11679 |
preceding year. For an election on the question of a renewal levy, | 11680 |
the notice shall state the purpose; the amount proposed to be | 11681 |
raised by the tax; the estimated tax rate, expressed in mills for | 11682 |
each one dollar of valuation and in dollars and cents for each one | 11683 |
hundred dollars of valuation; and the number of years the tax will | 11684 |
be in effect. | 11685 |
In any case, the notice also shall state the time and place | 11686 |
of the election. | 11687 |
(B) The form of the ballot in an election on taxes proposed | 11688 |
under section 5705.212 of the Revised Code shall be as follows: | 11689 |
"Shall the .......... school district be authorized to levy | 11690 |
taxes for current expenses, the aggregate rate of which may | 11691 |
increase in ...... (number) increment(s) of not more than ...... | 11692 |
mill(s) for each dollar of valuation, from an original rate of | 11693 |
...... mill(s) for each dollar of valuation, which amounts to | 11694 |
...... (rate expressed in dollars and cents) for each one hundred | 11695 |
dollars of valuation, to a maximum rate of ...... mill(s) for each | 11696 |
dollar of valuation, which amounts to ...... (rate expressed in | 11697 |
dollars and cents) for each one hundred dollars of valuation? The | 11698 |
original tax is first proposed to be levied in ...... (the first | 11699 |
year of the tax), and the incremental tax in ...... (the first | 11700 |
year of the increment) (if more than one incremental tax is | 11701 |
proposed in the resolution, the first year that each incremental | 11702 |
tax is proposed to be levied shall be stated in the preceding | 11703 |
format, and the increments shall be referred to as the first, | 11704 |
second, third, or fourth increment, depending on their number). | 11705 |
The aggregate rate of tax so authorized will .......... (insert | 11706 |
either, "expire with the original rate of tax which shall be in | 11707 |
effect for ...... years" or "be in effect for a continuing period | 11708 |
of time"). | 11709 |
11710 |
FOR THE TAX LEVIES | 11711 | ||||
AGAINST THE TAX LEVIES | " | 11712 |
11713 |
The form of the ballot in an election on the question of a | 11714 |
renewal levy under section 5705.212 of the Revised Code shall be | 11715 |
as follows: | 11716 |
"Shall the ......... school district be authorized to renew a | 11717 |
tax for current expenses at a rate not exceeding ......... mills | 11718 |
for each dollar of valuation, which amounts to ......... (rate | 11719 |
expressed in dollars and cents) for each one hundred dollars of | 11720 |
valuation, for .......... (number of years the levy shall be in | 11721 |
effect, or a continuing period of time)? | 11722 |
11723 |
FOR THE TAX LEVY | 11724 | ||||
AGAINST THE TAX LEVY | " | 11725 |
11726 |
If the tax is to be placed on the current tax list, the form | 11727 |
of the ballot shall be modified by adding, after the statement of | 11728 |
the number of years the levy is to be in effect, the phrase ", | 11729 |
commencing in .......... (first year the tax is to be levied), | 11730 |
first due in calendar year .......... (first calendar year in | 11731 |
which the tax shall be due)." | 11732 |
(C) The form of the ballot in an election on a tax proposed | 11733 |
under section 5705.213 of the Revised Code shall be as follows: | 11734 |
"Shall the ........ school district be authorized to levy the | 11735 |
following tax for current expenses? The tax will first be levied | 11736 |
in ...... (year) to raise ...... (dollars). In the ...... (number | 11737 |
of years) following years, the tax will increase by not more than | 11738 |
...... (per cent or dollar amount of increase) each year, so that, | 11739 |
during ...... (last year of the tax), the tax will raise | 11740 |
approximately ...... (dollars). The county auditor estimates that | 11741 |
the rate of the tax per dollar of valuation will be ...... | 11742 |
mill(s), which amounts to $..... per one hundred dollars of | 11743 |
valuation, both during ...... (first year of the tax) and ...... | 11744 |
mill(s), which amounts to $...... per one hundred dollars of | 11745 |
valuation, during ...... (last year of the tax). The tax will not | 11746 |
be levied after ...... (year). | 11747 |
11748 |
FOR THE TAX LEVY | 11749 | ||||
AGAINST THE TAX LEVY | " | 11750 |
11751 |
The form of the ballot in an election on the question of a | 11752 |
renewal levy under section 5705.213 of the Revised Code shall be | 11753 |
as follows: | 11754 |
"Shall the ......... school district be authorized to renew a | 11755 |
tax for current expenses which will raise ......... (dollars), | 11756 |
estimated by the county auditor to be ......... mills for each | 11757 |
dollar of valuation, which amounts to ......... (rate expressed in | 11758 |
dollars and cents) for each one hundred dollars of valuation? The | 11759 |
tax shall be in effect for ......... (the number of years the levy | 11760 |
shall be in effect, or a continuing period of time). | 11761 |
11762 |
FOR THE TAX LEVY | 11763 | ||||
AGAINST THE TAX LEVY | " | 11764 |
11765 |
If the tax is to be placed on the current tax list, the form | 11766 |
of the ballot shall be modified by adding, after the statement of | 11767 |
the number of years the levy is to be in effect, the phrase ", | 11768 |
commencing in .......... (first year the tax is to be levied), | 11769 |
first due in calendar year .......... (first calendar year in | 11770 |
which the tax shall be due)." | 11771 |
(D) The question covered by a resolution adopted under | 11772 |
section 5705.212 or 5705.213 of the Revised Code shall be | 11773 |
submitted as a separate question, but may be printed on the same | 11774 |
ballot with any other question submitted at the same election, | 11775 |
other than the election of officers. More than one question may be | 11776 |
submitted at the same election. | 11777 |
(E) Taxes voted in excess of the ten-mill limitation under | 11778 |
division (B) or (C) of this section shall be certified to the tax | 11779 |
commissioner. If an additional tax is to be placed upon the tax | 11780 |
list of the current year, as specified in the resolution providing | 11781 |
for its submission, the result of the election shall be certified | 11782 |
immediately after the canvass by the board of elections to the | 11783 |
board of education. The board of education immediately shall make | 11784 |
the necessary levy and certify it to the county auditor, who shall | 11785 |
extend it on the tax list for collection. After the first year, | 11786 |
the levy shall be included in the annual tax budget that is | 11787 |
certified to the county budget commission. | 11788 |
Sec. 5705.261. The question of decrease of an increased rate | 11789 |
of levy approved for a continuing period of time by the voters of | 11790 |
a subdivision may be initiated by the filing of a petition with | 11791 |
the board of elections of the proper county not less than | 11792 |
seventy-five days before the general election in any year | 11793 |
requesting that an election be held on such question. Such | 11794 |
petition shall state the amount of the proposed decrease in the | 11795 |
rate of levy and shall be signed by qualified electors residing in | 11796 |
the subdivision equal in number to at least ten per cent of the | 11797 |
total number of votes cast in the subdivision for the office of | 11798 |
governor at the most recent general election for that office. Only | 11799 |
one such petition may be filed during each five-year period | 11800 |
following the election at which the voters approved the increased | 11801 |
rate for a continuing period of time. | 11802 |
After determination by it that such petition is valid, the | 11803 |
board of elections shall submit the question to the electors of | 11804 |
the district at the succeeding general election. The election | 11805 |
shall be conducted, canvassed, and certified in the same manner as | 11806 |
regular elections in such subdivision for county offices. Notice | 11807 |
of the election shall be published in a newspaper of general | 11808 |
circulation in the district once a week for two consecutive weeks | 11809 |
or as provided in section 7.16 of the Revised Code, prior to the | 11810 |
election | 11811 |
maintains a web site, the board of elections shall post notice of | 11812 |
the election on its web site for thirty days prior to the | 11813 |
election. The notice shall state the purpose, the amount of the | 11814 |
proposed decrease in rate, and the time and place of the election. | 11815 |
The form of the ballot cast at such election shall be prescribed | 11816 |
by the secretary of state. The question covered by such petition | 11817 |
shall be submitted as a separate proposition but it may be printed | 11818 |
on the same ballot with any other propositions submitted at the | 11819 |
same election other than the election of officers. If a majority | 11820 |
of the qualified electors voting on the question of a decrease at | 11821 |
such election approve the proposed decrease in rate, the result of | 11822 |
the election shall be certified immediately after the canvass by | 11823 |
the board of elections to the subdivision's taxing authority, | 11824 |
which shall thereupon, after the current year, cease to levy such | 11825 |
increased rate or levy such tax at such reduced rate upon the | 11826 |
duplicate of the subdivision. If notes have been issued in | 11827 |
anticipation of the collection of such levy, the taxing authority | 11828 |
shall continue to levy and collect under authority of the election | 11829 |
authorizing the original levy such amounts as will be sufficient | 11830 |
to pay the principal of and interest on such anticipation notes as | 11831 |
the same fall due. | 11832 |
Sec. 5705.314. If the board of education of a city, local, | 11833 |
or exempted village school district proposes to change its levy | 11834 |
within the ten-mill limitation in a manner that will result in an | 11835 |
increase in the amount of real property taxes levied by the board | 11836 |
in the tax year the change takes effect, the board shall hold a | 11837 |
public hearing solely on the proposal before adopting a resolution | 11838 |
to implement the proposal. The board shall publish notice of the | 11839 |
hearing in a newspaper of general circulation in the school | 11840 |
district once a week for two consecutive weeks or as provided in | 11841 |
section 7.16 of the Revised Code. The second publication shall be | 11842 |
not less than ten nor more than thirty days before the date of the | 11843 |
hearing | 11844 |
and subject of the hearing, and a statement that the change | 11845 |
proposed by the board may result in an increase in the amount of | 11846 |
real property taxes levied by the board. At the time the board | 11847 |
submits the notice for publication, the board shall send a copy of | 11848 |
the notice to the auditor of the county where the school district | 11849 |
is located or, if the school district is located in more than one | 11850 |
county, to the auditor of each of those counties. | 11851 |
Sec. 5705.71. (A) The electors of a county may initiate the | 11852 |
question of a tax levy for support of senior citizens services or | 11853 |
facilities by the filing of a petition with the board of elections | 11854 |
of that county not less than seventy-five days before the date of | 11855 |
any primary or general election requesting that an election be | 11856 |
held on such question. The petition shall be signed by at least | 11857 |
ten per cent of the qualified electors residing in the county and | 11858 |
voting for the office of governor at the last general election. | 11859 |
(B) The petition shall state the purpose for which the senior | 11860 |
citizens tax levy is being proposed, shall specify the amount of | 11861 |
the proposed increase in rate, the period of time during which the | 11862 |
increase is to be in effect, and whether the levy is to be imposed | 11863 |
in the current year. The number of years may be any number not | 11864 |
exceeding five, except that when the additional rate is for the | 11865 |
payment of debt charges the increased rate shall be for the life | 11866 |
of the indebtedness. | 11867 |
(C) After determination by it that such petition is valid, | 11868 |
the board of elections shall submit the question to the electors | 11869 |
of the county at the succeeding primary or general election. | 11870 |
(D) The election shall be conducted, canvassed, and certified | 11871 |
in the same manner as regular elections in such county for county | 11872 |
offices. Notice of the election shall be published in a newspaper | 11873 |
of general circulation in the county once a week for two | 11874 |
consecutive weeks or as provided in section 7.16 of the Revised | 11875 |
Code, prior to the election | 11876 |
operates and maintains a web site, the board of elections shall | 11877 |
post notice of the election on its web site for thirty days prior | 11878 |
to the election. The notice shall state the purpose, the amount of | 11879 |
the proposed increase in rate, and the time and place of the | 11880 |
election. | 11881 |
(E) The form of the ballot cast at such election shall be | 11882 |
prescribed by the secretary of state. If the tax is to be placed | 11883 |
on the tax list of the current tax year, the form of the ballot | 11884 |
shall include a statement to that effect and shall indicate the | 11885 |
first calendar year the tax will be due. The question covered by | 11886 |
such petition shall be submitted as a separate proposition but it | 11887 |
may be printed on the same ballot with any other propositions | 11888 |
submitted at the same election other than the election of | 11889 |
officers. | 11890 |
(F) If a majority of electors voting on the question vote in | 11891 |
favor of the levy, the board of county commissioners shall levy a | 11892 |
tax, for the period and the purpose stated within the petition. If | 11893 |
the tax is to be placed upon the tax list of the current year, as | 11894 |
specified in the petition, the result of the election shall be | 11895 |
certified immediately after the canvass by the board of elections | 11896 |
to the board of county commissioners, which shall forthwith make | 11897 |
the necessary levy and certify it to the county auditor, who shall | 11898 |
extend it on the tax list for collection. After the first year, | 11899 |
the tax levy shall be included in the annual tax budget that is | 11900 |
certified to the county budget commission. | 11901 |
Sec. 5713.01. (A) Each county shall be the unit for | 11902 |
assessing real estate for taxation purposes. The county auditor | 11903 |
shall be the assessor of all the real estate in the auditor's | 11904 |
county for purposes of taxation, but this section does not affect | 11905 |
the power conferred by Chapter 5727. of the Revised Code upon the | 11906 |
tax commissioner regarding the valuation and assessment of real | 11907 |
property used in railroad operations. | 11908 |
(B) The auditor shall assess all the real estate situated in | 11909 |
the county at its taxable value in accordance with sections | 11910 |
5713.03, 5713.31, and 5715.01 of the Revised Code and with the | 11911 |
rules and methods applicable to the auditor's county adopted, | 11912 |
prescribed, and promulgated by the tax commissioner. The auditor | 11913 |
shall view and appraise or cause to be viewed and appraised at its | 11914 |
true value in money, each lot or parcel of real estate, including | 11915 |
land devoted exclusively to agricultural use, and the improvements | 11916 |
located thereon at least once in each six-year period and the | 11917 |
taxable values required to be derived therefrom shall be placed on | 11918 |
the auditor's tax list and the county treasurer's duplicate for | 11919 |
the tax year ordered by the commissioner pursuant to section | 11920 |
5715.34 of the Revised Code. The commissioner may grant an | 11921 |
extension of one year or less if the commissioner finds that good | 11922 |
cause exists for the extension. When the auditor so views and | 11923 |
appraises, the auditor may enter each structure located thereon to | 11924 |
determine by actual view what improvements have been made therein | 11925 |
or additions made thereto since the next preceding valuation. The | 11926 |
auditor shall revalue and assess at any time all or any part of | 11927 |
the real estate in such county, including land devoted exclusively | 11928 |
to agricultural use, where the auditor finds that the true or | 11929 |
taxable values thereof have changed, and when a conservation | 11930 |
easement is created under sections 5301.67 to 5301.70 of the | 11931 |
Revised Code. The auditor may increase or decrease the true or | 11932 |
taxable value of any lot or parcel of real estate in any township, | 11933 |
municipal corporation, or other taxing district by an amount which | 11934 |
will cause all real property on the tax list to be valued as | 11935 |
required by law, or the auditor may increase or decrease the | 11936 |
aggregate value of all real property, or any class of real | 11937 |
property, in the county, township, municipal corporation, or other | 11938 |
taxing district, or in any ward or other division of a municipal | 11939 |
corporation by a per cent or amount which will cause all property | 11940 |
to be properly valued and assessed for taxation in accordance with | 11941 |
Section 36, Article II, Section 2, Article XII, Ohio Constitution, | 11942 |
this section, and sections 5713.03, 5713.31, and 5715.01 of the | 11943 |
Revised Code. | 11944 |
(C) When the auditor determines to reappraise all the real | 11945 |
estate in the county or any class thereof, when the tax | 11946 |
commissioner orders an increase in the aggregate true or taxable | 11947 |
value of the real estate in any taxing subdivision, or when the | 11948 |
taxable value of real estate is increased by the application of a | 11949 |
uniform taxable value per cent of true value pursuant to the order | 11950 |
of the commissioner, the auditor shall advertise the completion of | 11951 |
the reappraisal or equalization action in a newspaper of general | 11952 |
circulation in the county once a week for the three consecutive | 11953 |
weeks next preceding the issuance of the tax bills, or as provided | 11954 |
in section 7.16 of the Revised Code for the two consecutive weeks | 11955 |
next preceding the issuance of the tax bills. When the auditor | 11956 |
changes the true or taxable value of any individual parcels of | 11957 |
real estate, the auditor shall notify the owner of the real | 11958 |
estate, or the person in whose name the same stands charged on the | 11959 |
duplicate, by mail or in person, of the changes the auditor has | 11960 |
made in the assessments of such property. Such notice shall be | 11961 |
given at least thirty days prior to the issuance of the tax bills. | 11962 |
Failure to receive notice shall not invalidate any proceeding | 11963 |
under this section. | 11964 |
(D) The auditor shall make the necessary abstracts from books | 11965 |
of the auditor's office containing descriptions of real estate in | 11966 |
such county, together with such platbooks and lists of transfers | 11967 |
of title to land as the auditor deems necessary in the performance | 11968 |
of the auditor's duties in valuing such property for taxation. | 11969 |
Such abstracts, platbooks, and lists shall be in such form and | 11970 |
detail as the tax commissioner prescribes. | 11971 |
(E) The auditor, with the approval of the tax commissioner, | 11972 |
may appoint and employ such experts, deputies, clerks, or other | 11973 |
employees as the auditor deems necessary to the performance of the | 11974 |
auditor's duties as assessor, or, with the approval of the tax | 11975 |
commissioner, the auditor may enter into a contract with an | 11976 |
individual, partnership, firm, company, or corporation to do all | 11977 |
or any part of the work; the amount to be expended in the payment | 11978 |
of the compensation of such employees shall be fixed by the board | 11979 |
of county commissioners. If, in the opinion of the auditor, the | 11980 |
board of county commissioners fails to provide a sufficient amount | 11981 |
for the compensation of such employees, the auditor may apply to | 11982 |
the tax commissioner for an additional allowance, and the | 11983 |
additional amount of compensation allowed by the commissioner | 11984 |
shall be certified to the board of county commissioners, and the | 11985 |
same shall be final. The salaries and compensation of such | 11986 |
experts, deputies, clerks, and employees shall be paid upon the | 11987 |
warrant of the auditor out of the general fund or the real estate | 11988 |
assessment fund of the county, or both. If the salaries and | 11989 |
compensation are in whole or in part fixed by the commissioner, | 11990 |
they shall constitute a charge against the county regardless of | 11991 |
the amount of money in the county treasury levied or appropriated | 11992 |
for such purposes. | 11993 |
(F) Any contract for goods or services related to the | 11994 |
auditor's duties as assessor, including contracts for mapping, | 11995 |
computers, and reproduction on any medium of any documents, | 11996 |
records, photographs, microfiche, or magnetic tapes, but not | 11997 |
including contracts for the professional services of an appraiser, | 11998 |
shall be awarded pursuant to the competitive bidding procedures | 11999 |
set forth in sections 307.86 to 307.92 of the Revised Code and | 12000 |
shall be paid for, upon the warrant of the auditor, from the real | 12001 |
estate assessment fund. | 12002 |
(G) Experts, deputies, clerks, and other employees, in | 12003 |
addition to their other duties, shall perform such services as the | 12004 |
auditor directs in ascertaining such facts, description, location, | 12005 |
character, dimensions of buildings and improvements, and other | 12006 |
circumstances reflecting upon the value of real estate as will aid | 12007 |
the auditor in fixing its true and taxable value and, in the case | 12008 |
of land valued in accordance with section 5713.31 of the Revised | 12009 |
Code, its current agricultural use value. The auditor may also | 12010 |
summon and examine any person under oath in respect to any matter | 12011 |
pertaining to the value of any real property within the county. | 12012 |
Sec. 5715.17. When the county board of revision has | 12013 |
completed its work of equalization and transmitted the returns to | 12014 |
12015 | |
advertising in | 12016 |
12017 | |
the tax returns for the current year have been revised and the | 12018 |
valuations have been completed and are open for public inspection | 12019 |
in | 12020 |
valuation or assessment, except the valuations fixed and | 12021 |
assessments made by the department of taxation, will be heard by | 12022 |
the board, stating in the notice the time and place of the meeting | 12023 |
of such board. Such advertisement shall be inserted in a | 12024 |
conspicuous place in | 12025 |
for ten days | 12026 |
12027 | |
12028 | |
or as provided in section 7.16 of the Revised Code. | 12029 |
The auditor shall, upon request, furnish to any person a | 12030 |
certificate setting forth the assessment and valuation of any | 12031 |
tract, lot, or parcel of real estate or any specific personal | 12032 |
property, and mail the same when requested to do so upon receipt | 12033 |
of sufficient postage. | 12034 |
The auditor shall furnish notice to boards of education of | 12035 |
school districts within the county of all hearings, and the | 12036 |
results of such hearings, held in regard to the reduction or | 12037 |
increasing of tax valuations in excess of one hundred thousand | 12038 |
dollars directly affecting the revenue of such district. | 12039 |
Sec. 5715.23. Annually, immediately after the county board | 12040 |
of revision has acted upon the assessments for the current year as | 12041 |
required under section 5715.16 of the Revised Code and the county | 12042 |
auditor has given notice by advertisement in | 12043 |
newspaper of general circulation in the county that the valuations | 12044 |
have been revised and are open for public inspection as provided | 12045 |
in section 5715.17 of the Revised Code, each auditor shall make | 12046 |
out and transmit to the tax commissioner an abstract of the real | 12047 |
property of each taxing district in | 12048 |
which | 12049 |
valuation of each class of real property in such county and in | 12050 |
each taxing district therein as it appears on | 12051 |
tax list or the statements and returns on file in | 12052 |
auditor's office and an abstract of the current year's true value | 12053 |
of land valued for such year under section 5713.31 of the Revised | 12054 |
Code as it appears in the current year's agricultural land tax | 12055 |
list. | 12056 |
Sec. 5719.04. (A) Immediately after each settlement required | 12057 |
by division (D) of section 321.24 of the Revised Code the county | 12058 |
auditor shall make a tax list and duplicates thereof of all | 12059 |
general personal and classified property taxes remaining unpaid, | 12060 |
as shown by the county treasurer's books and the list of taxes | 12061 |
returned as delinquent by the treasurer to the auditor at such | 12062 |
settlement. The county auditor shall also include in such list all | 12063 |
taxes assessed by the tax commissioner pursuant to law which were | 12064 |
not charged upon the tax lists and duplicates on which such | 12065 |
settlements were made nor previously charged upon a delinquent tax | 12066 |
list and duplicates pursuant to this section, but the auditor | 12067 |
shall not include taxes specifically excepted from collection | 12068 |
pursuant to section 5711.32 of the Revised Code. Such tax list and | 12069 |
duplicates shall contain the name of the person charged and the | 12070 |
amount of such taxes, and the penalty, due and unpaid, and shall | 12071 |
set forth separately the amount charged or chargeable on the | 12072 |
general and on the classified list and duplicate. The auditor | 12073 |
shall deliver one such duplicate to the treasurer on the first day | 12074 |
of December, annually. Upon receipt of the duplicate the treasurer | 12075 |
may prepare and mail tax bills to all persons charged with such | 12076 |
delinquent taxes. Each bill shall include a notice that the | 12077 |
interest charge prescribed by section 5719.041 of the Revised Code | 12078 |
has begun to accrue. | 12079 |
The auditor shall cause a copy of the delinquent personal and | 12080 |
classified property tax list and duplicate provided for in this | 12081 |
division to be published twice within sixty days after delivery of | 12082 |
such duplicate to the treasurer in a newspaper
| 12083 |
12084 | |
12085 | |
requirements of divisions (A)(1) to (5) of section 7.12 of the | 12086 |
Revised Code. Section 2701.09 of the Revised Code does not apply | 12087 |
to publication of such a tax list. The auditor may publish the tax | 12088 |
list on a pre-printed insert in the newspaper. The cost of the | 12089 |
second publication of the list shall not exceed three-fourths of | 12090 |
the cost of the first publication of the list. | 12091 |
Before such publication, the auditor shall cause a display | 12092 |
notice of the forthcoming publication of such delinquent personal | 12093 |
and classified property tax list to be inserted once a week for | 12094 |
two consecutive weeks in a newspaper
| 12095 |
12096 | |
county. Copy for such display notice shall be furnished by the | 12097 |
auditor to the newspaper selected to publish such delinquent tax | 12098 |
lists simultaneously with the delivery of the duplicate to the | 12099 |
treasurer. | 12100 |
12101 | |
12102 | |
delinquent lists may be made by a newspaper in installments, | 12103 |
provided that complete publication thereof is made twice during | 12104 |
said sixty-day period. | 12105 |
The office of the county treasurer shall be kept open to | 12106 |
receive the payment of delinquent general and classified property | 12107 |
taxes from the day of delivery of the duplicate thereof until the | 12108 |
final publication of the delinquent tax list. The name of any | 12109 |
taxpayer who prior to seven days before either the first or second | 12110 |
publication of said list pays such taxes in full or enters into a | 12111 |
delinquent tax contract to pay such taxes in installments pursuant | 12112 |
to section 5719.05 of the Revised Code shall be stricken from such | 12113 |
list, and the taxpayer's name shall not be included in the list | 12114 |
for that publication. | 12115 |
The other such duplicate, from which shall first be | 12116 |
eliminated the names of persons whose total liability for taxes | 12117 |
and penalty is less than one hundred dollars, shall be filed by | 12118 |
the auditor on the first day of December, annually, in the office | 12119 |
of the county recorder, and the same shall constitute a notice of | 12120 |
lien and operate as of the date of delivery as a lien on the lands | 12121 |
and tenements, vested legal interests therein, and permanent | 12122 |
leasehold estates of each person named therein having such real | 12123 |
estate in such county. Such notice of lien and such lien shall not | 12124 |
be valid as against any mortgagee, pledgee, purchaser, or judgment | 12125 |
creditor whose rights have attached prior to the date of such | 12126 |
delivery. Such duplicate shall be kept by the recorder, designated | 12127 |
as the personal tax lien record, and indexed under the name of the | 12128 |
person charged with such tax. No fee shall be charged by the | 12129 |
recorder for the services required under this section. | 12130 |
The auditor shall add to the tax list made pursuant to this | 12131 |
section all such taxes omitted in a previous year when assessed by | 12132 |
the auditor or finally assessed by the tax commissioner pursuant | 12133 |
to law, and by proper certificates cause the same to be added to | 12134 |
the treasurer's delinquent tax duplicate provided for in this | 12135 |
section, and, in proper cases, file notice of the lien with the | 12136 |
recorder, as provided in this section. | 12137 |
If the authority making any assessment believes that the | 12138 |
collection of such taxes will be jeopardized by delay, such | 12139 |
assessing authority shall so certify on the assessment certificate | 12140 |
thereof, and the auditor shall include a certificate of such | 12141 |
jeopardy in the certificate given by the auditor to the treasurer. | 12142 |
In such event the treasurer shall proceed immediately to collect | 12143 |
such taxes, and to enforce the collection thereof by any means | 12144 |
provided by law, and the treasurer may not accept a tender of any | 12145 |
part of such taxes; but the person or the representatives of the | 12146 |
person against whom such assessment is made may, in the event of | 12147 |
an appeal to the tax commissioner therefrom, obtain a stay of | 12148 |
collection of the whole or any part of the amount of such | 12149 |
assessment by filing with the treasurer a bond in an amount not | 12150 |
exceeding double the amount as to which the stay is desired, with | 12151 |
such surety as the treasurer deems necessary, conditioned upon the | 12152 |
payment of the amount determined to be due by the decision of the | 12153 |
commissioner which has become final, and further conditioned that | 12154 |
if an appeal is not filed within the period provided by law, the | 12155 |
amount of collection which is stayed by the bond will be paid on | 12156 |
notice and demand of the treasurer at any time after the | 12157 |
expiration of such period. The taxpayer may waive such stay as to | 12158 |
the whole or any part of the amount covered by the bond, and if as | 12159 |
the result of such waiver any part of the amount covered by the | 12160 |
bond is paid, then the bond shall be proportionately reduced on | 12161 |
the request of the taxpayer. | 12162 |
(B) Immediately after each settlement required by division | 12163 |
(D) of section 321.24 of the Revised Code the auditor shall make a | 12164 |
separate list and duplicate, prepared as prescribed in division | 12165 |
(A) of this section, of all general personal and classified | 12166 |
property taxes that remain unpaid but are excepted from collection | 12167 |
pursuant to section 5711.32 of the Revised Code. The duplicate of | 12168 |
such list shall be delivered to the treasurer at the time of | 12169 |
delivery of the delinquent personal and classified property tax | 12170 |
duplicate. | 12171 |
Sec. 5721.01. (A) As used in this chapter: | 12172 |
(1) "Delinquent lands" means all lands upon which delinquent | 12173 |
taxes, as defined in section 323.01 of the Revised Code, remain | 12174 |
unpaid at the time a settlement is made between the county | 12175 |
treasurer and auditor pursuant to division (C) of section 321.24 | 12176 |
of the Revised Code. | 12177 |
(2) "Delinquent vacant lands" means all lands that have been | 12178 |
delinquent lands for at least one year and that are unimproved by | 12179 |
any dwelling. | 12180 |
(3) "County land reutilization corporation" means a county | 12181 |
land reutilization corporation organized under Chapter 1724. of | 12182 |
the Revised Code. | 12183 |
(B) As used in sections 5719.04, 5721.03, and 5721.31 of the | 12184 |
Revised Code and in any other sections of the Revised Code to | 12185 |
which those sections are applicable, a "newspaper" or "newspaper | 12186 |
of general circulation | 12187 |
12188 | |
12189 | |
12190 | |
12191 | |
12192 | |
12193 | |
12194 | |
12195 | |
12196 | |
12197 | |
has the same meaning as in section 7.12 of the Revised Code. | 12198 |
Sec. 5721.03. (A) At the time of making the delinquent land | 12199 |
list, as provided in section 5721.011 of the Revised Code, the | 12200 |
county auditor shall compile a delinquent tax list consisting of | 12201 |
all lands on the delinquent land list on which taxes have become | 12202 |
delinquent at the close of the collection period immediately | 12203 |
preceding the making of the delinquent land list. The auditor | 12204 |
shall also compile a delinquent vacant land tax list of all | 12205 |
delinquent vacant lands prior to the institution of any | 12206 |
foreclosure and forfeiture actions against delinquent vacant lands | 12207 |
under section 5721.14 of the Revised Code or any foreclosure | 12208 |
actions against delinquent vacant lands under section 5721.18 of | 12209 |
the Revised Code. | 12210 |
The delinquent tax list, and the delinquent vacant land tax | 12211 |
list if one is compiled, shall contain all of the information | 12212 |
included on the delinquent land list, except that, if the | 12213 |
auditor's records show that the name of the person in whose name | 12214 |
the property currently is listed is not the name that appears on | 12215 |
the delinquent land list, the name used in the delinquent tax list | 12216 |
or the delinquent vacant land tax list shall be the name of the | 12217 |
person the auditor's records show as the person in whose name the | 12218 |
property currently is listed. | 12219 |
Lands that have been included in a previously published | 12220 |
delinquent tax list shall not be included in the delinquent tax | 12221 |
list so long as taxes have remained delinquent on such lands for | 12222 |
the entire intervening time. | 12223 |
In either list, there may be included lands that have been | 12224 |
omitted in error from a prior list and lands with respect to which | 12225 |
the auditor has received a certification that a delinquent tax | 12226 |
contract has become void since the publication of the last | 12227 |
previously published list, provided the name of the owner was | 12228 |
stricken from a prior list under section 5721.02 of the Revised | 12229 |
Code. | 12230 |
(B)(1) The auditor shall cause the delinquent tax list and | 12231 |
the delinquent vacant land tax list, if one is compiled, to be | 12232 |
published twice within sixty days after the delivery of the | 12233 |
delinquent land duplicate to the county treasurer, in a newspaper | 12234 |
of general circulation in the county. The newspaper shall meet the | 12235 |
requirements of divisions (A)(1) to (5) of section 7.12 of the | 12236 |
Revised Code. Section 2701.09 of the Revised Code does not apply | 12237 |
to publication of such a list or lists. The | 12238 |
12239 | |
lists on a pre-printed insert in the newspaper. The cost of the | 12240 |
second publication of the list or lists shall not exceed | 12241 |
three-fourths of the cost of the first publication of the list or | 12242 |
lists. | 12243 |
The auditor shall insert display notices of the forthcoming | 12244 |
publication of the delinquent tax list and, if it is to be | 12245 |
published, the delinquent vacant land tax list once a week for two | 12246 |
consecutive weeks in a newspaper of general circulation in the | 12247 |
county. The display notices shall contain the times and methods of | 12248 |
payment of taxes provided by law, including information concerning | 12249 |
installment payments made in accordance with a written delinquent | 12250 |
tax contract. The display notice for the delinquent tax list also | 12251 |
shall include a notice that an interest charge will accrue on | 12252 |
accounts remaining unpaid after the last day of November unless | 12253 |
the taxpayer enters into a written delinquent tax contract to pay | 12254 |
such taxes in installments. The display notice for the delinquent | 12255 |
vacant land tax list if it is to be published also shall include a | 12256 |
notice that delinquent vacant lands in the list are lands on which | 12257 |
taxes have remained unpaid for one year after being certified | 12258 |
delinquent, and that they are subject to foreclosure proceedings | 12259 |
as provided in section 323.25, sections 323.65 to 323.79, or | 12260 |
section 5721.18 of the Revised Code, or foreclosure and forfeiture | 12261 |
proceedings as provided in section 5721.14 of the Revised Code. | 12262 |
Each display notice also shall state that the lands are subject to | 12263 |
a tax certificate sale under section 5721.32 or 5721.33 of the | 12264 |
Revised Code or assignment to a county land reutilization | 12265 |
corporation, as the case may be, and shall include any other | 12266 |
information that the auditor considers pertinent to the purpose of | 12267 |
the notice. The display notices shall be furnished by the auditor | 12268 |
to the
| 12269 |
least ten days before their first publication. | 12270 |
(2) Publication of the list or lists may be made by a | 12271 |
newspaper in installments, provided the complete publication of | 12272 |
each list is made twice during the sixty-day period. | 12273 |
(3) There shall be attached to the delinquent tax list a | 12274 |
notice that the delinquent lands will be certified for foreclosure | 12275 |
by the auditor unless the taxes, assessments, interest, and | 12276 |
penalties due and owing on them are paid. There shall be attached | 12277 |
to the delinquent vacant land tax list, if it is to be published, | 12278 |
a notice that delinquent vacant lands will be certified for | 12279 |
foreclosure or foreclosure and forfeiture by the auditor unless | 12280 |
the taxes, assessments, interest, and penalties due and owing on | 12281 |
them are paid within twenty-eight days after the final publication | 12282 |
of the notice. | 12283 |
(4) The auditor shall review the first publication of each | 12284 |
list for accuracy and completeness and may correct any errors | 12285 |
appearing in the list in the second publication. | 12286 |
(C) For the purposes of section 5721.18 of the Revised Code, | 12287 |
land is first certified delinquent on the date of the | 12288 |
certification of the delinquent land list containing that land. | 12289 |
Sec. 5721.04. The proper and necessary expenses of | 12290 |
publishing the delinquent tax lists, delinquent vacant land tax | 12291 |
lists, and display notices provided for by sections 5719.04 and | 12292 |
5721.03 of the Revised Code shall be paid from the county treasury | 12293 |
as county expenses are paid, and the board of county commissioners | 12294 |
shall make provision for them in the annual budget of the county | 12295 |
submitted to the budget commission, and shall make the necessary | 12296 |
appropriations. If the board fails to make such appropriations, or | 12297 |
if an appropriation is insufficient to meet such an expense, any | 12298 |
person interested may apply to the court of common pleas of the | 12299 |
county for an allowance to cover the expense, and the court shall | 12300 |
issue an order instructing the county auditor to issue | 12301 |
warrant upon the county treasurer for the amount necessary. The | 12302 |
order by the court shall be final and shall be complied with | 12303 |
immediately. | 12304 |
The aggregate amount paid | 12305 |
apportioned by the county auditor among the taxing districts in | 12306 |
which the lands on each list are located in proportion to the | 12307 |
amount of delinquent taxes so advertised in such subdivision, or | 12308 |
the county auditor may charge the property owner of land on a list | 12309 |
a flat fee established under section 319.54 of the Revised Code | 12310 |
for the cost of publishing the list and, if the fee is not paid, | 12311 |
may place the fee upon the tax duplicate as a lien on the land, to | 12312 |
be collected as other taxes. Thereafter, the auditor, in making | 12313 |
12314 | |
at each semiannual apportionment one half the amount apportioned | 12315 |
to each such taxing district. The amounts retained shall be | 12316 |
credited to the general fund of the county until the aggregate of | 12317 |
all amounts paid in the first instance out of the treasury have | 12318 |
been fully reimbursed. | 12319 |
Sec. 5721.18. The county prosecuting attorney, upon the | 12320 |
delivery to the prosecuting attorney by the county auditor of a | 12321 |
delinquent land or delinquent vacant land tax certificate, or of a | 12322 |
master list of delinquent or delinquent vacant tracts, shall | 12323 |
institute a foreclosure proceeding under this section in the name | 12324 |
of the county treasurer to foreclose the lien of the state, in any | 12325 |
court with jurisdiction or in the county board of revision with | 12326 |
jurisdiction pursuant to section 323.66 of the Revised Code, | 12327 |
unless the taxes, assessments, charges, penalties, and interest | 12328 |
are paid prior to the time a complaint is filed, or unless a | 12329 |
foreclosure or foreclosure and forfeiture action has been or will | 12330 |
be instituted under section 323.25, sections 323.65 to 323.79, or | 12331 |
section 5721.14 of the Revised Code. If the delinquent land or | 12332 |
delinquent vacant land tax certificate or the master list of | 12333 |
delinquent or delinquent vacant tracts lists minerals or rights to | 12334 |
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06 | 12335 |
of the Revised Code, the county prosecuting attorney may institute | 12336 |
a foreclosure proceeding in the name of the county treasurer, in | 12337 |
any court with jurisdiction, to foreclose the lien of the state | 12338 |
against such minerals or rights to minerals, unless the taxes, | 12339 |
assessments, charges, penalties, and interest are paid prior to | 12340 |
the time the complaint is filed, or unless a foreclosure or | 12341 |
foreclosure and forfeiture action has been or will be instituted | 12342 |
under section 323.25, sections 323.65 to 323.79, or section | 12343 |
5721.14 of the Revised Code. | 12344 |
The prosecuting attorney shall prosecute the proceeding to | 12345 |
final judgment and satisfaction. Within ten days after obtaining a | 12346 |
judgment, the prosecuting attorney shall notify the treasurer in | 12347 |
writing that judgment has been rendered. If there is a copy of a | 12348 |
written delinquent tax contract attached to the certificate or an | 12349 |
asterisk next to an entry on the master list, or if a copy of a | 12350 |
delinquent tax contract is received from the auditor prior to the | 12351 |
commencement of the proceeding under this section, the prosecuting | 12352 |
attorney shall not institute the proceeding under this section, | 12353 |
unless the prosecuting attorney receives a certification of the | 12354 |
treasurer that the delinquent tax contract has become void. | 12355 |
(A) This division applies to all foreclosure proceedings not | 12356 |
instituted and prosecuted under section 323.25 of the Revised Code | 12357 |
or division (B) or (C) of this section. The foreclosure | 12358 |
proceedings shall be instituted and prosecuted in the same manner | 12359 |
as is provided by law for the foreclosure of mortgages on land, | 12360 |
except that, if service by publication is necessary, such | 12361 |
publication shall be made once a week for three consecutive weeks | 12362 |
instead of as provided by the Rules of Civil Procedure, and the | 12363 |
service shall be complete at the expiration of three weeks after | 12364 |
the date of the first publication. In any proceeding prosecuted | 12365 |
under this section, if the prosecuting attorney determines that | 12366 |
service upon a defendant may be obtained ultimately only by | 12367 |
publication, the prosecuting attorney may cause service to be made | 12368 |
simultaneously by certified mail, return receipt requested, | 12369 |
ordinary mail, and publication. | 12370 |
In any county that has adopted a permanent parcel number | 12371 |
system, the parcel may be described in the notice by parcel number | 12372 |
only, instead of also with a complete legal description, if the | 12373 |
prosecuting attorney determines that the publication of the | 12374 |
complete legal description is not necessary to provide reasonable | 12375 |
notice of the foreclosure proceeding to the interested parties. If | 12376 |
the complete legal description is not published, the notice shall | 12377 |
indicate where the complete legal description may be obtained. | 12378 |
It is sufficient, having been made a proper party to the | 12379 |
foreclosure proceeding, for the treasurer to allege in the | 12380 |
treasurer's complaint that the certificate or master list has been | 12381 |
duly filed by the auditor, that the amount of money appearing to | 12382 |
be due and unpaid is due and unpaid, and that there is a lien | 12383 |
against the property described in the certificate or master list, | 12384 |
without setting forth in the complaint any other or special matter | 12385 |
relating to the foreclosure proceeding. The prayer of the | 12386 |
complaint shall be that the court or the county board of revision | 12387 |
with jurisdiction pursuant to section 323.66 of the Revised Code | 12388 |
issue an order that the property be sold or conveyed by the | 12389 |
sheriff or otherwise be disposed of, and the equity of redemption | 12390 |
be extinguished, according to the alternative redemption | 12391 |
procedures prescribed in sections 323.65 to 323.79 of the Revised | 12392 |
Code, or if the action is in the municipal court by the bailiff, | 12393 |
in the manner provided in section 5721.19 of the Revised Code. | 12394 |
In the foreclosure proceeding, the treasurer may join in one | 12395 |
action any number of lots or lands, but the decree shall be | 12396 |
rendered separately, and any proceedings may be severed, in the | 12397 |
discretion of the court or board of revision, for the purpose of | 12398 |
trial or appeal, and the court or board of revision shall make | 12399 |
such order for the payment of costs as is considered proper. The | 12400 |
certificate or master list filed by the auditor with the | 12401 |
prosecuting attorney is prima-facie evidence at the trial of the | 12402 |
foreclosure action of the amount and validity of the taxes, | 12403 |
assessments, charges, penalties, and interest appearing due and | 12404 |
unpaid and of their nonpayment. | 12405 |
(B) Foreclosure proceedings constituting an action in rem may | 12406 |
be commenced by the filing of a complaint after the end of the | 12407 |
second year from the date on which the delinquency was first | 12408 |
certified by the auditor. Prior to filing such an action in rem, | 12409 |
the prosecuting attorney shall cause a title search to be | 12410 |
conducted for the purpose of identifying any lienholders or other | 12411 |
persons with interests in the property subject to foreclosure. | 12412 |
Following the title search, the action in rem shall be instituted | 12413 |
by filing in the office of the clerk of a court with jurisdiction | 12414 |
a complaint bearing a caption substantially in the form set forth | 12415 |
in division (A) of section 5721.181 of the Revised Code. | 12416 |
Any number of parcels may be joined in one action. Each | 12417 |
separate parcel included in a complaint shall be given a serial | 12418 |
number and shall be separately indexed and docketed by the clerk | 12419 |
of the court in a book kept by the clerk for such purpose. A | 12420 |
complaint shall contain the permanent parcel number of each parcel | 12421 |
included in it, the full street address of the parcel when | 12422 |
available, a description of the parcel as set forth in the | 12423 |
certificate or master list, the name and address of the last known | 12424 |
owner of the parcel if they appear on the general tax list, the | 12425 |
name and address of each lienholder and other person with an | 12426 |
interest in the parcel identified in the title search relating to | 12427 |
the parcel that is required by this division, and the amount of | 12428 |
taxes, assessments, charges, penalties, and interest due and | 12429 |
unpaid with respect to the parcel. It is sufficient for the | 12430 |
treasurer to allege in the complaint that the certificate or | 12431 |
master list has been duly filed by the auditor with respect to | 12432 |
each parcel listed, that the amount of money with respect to each | 12433 |
parcel appearing to be due and unpaid is due and unpaid, and that | 12434 |
there is a lien against each parcel, without setting forth any | 12435 |
other or special matters. The prayer of the complaint shall be | 12436 |
that the court issue an order that the land described in the | 12437 |
complaint be sold in the manner provided in section 5721.19 of the | 12438 |
Revised Code. | 12439 |
(1) Within thirty days after the filing of a complaint, the | 12440 |
clerk of the court in which the complaint was filed shall cause a | 12441 |
notice of foreclosure substantially in the form of the notice set | 12442 |
forth in division (B) of section 5721.181 of the Revised Code to | 12443 |
be published once a week for three consecutive weeks in a | 12444 |
newspaper of general circulation in the county. The newspaper | 12445 |
shall meet the requirements of divisions (A)(1) to (5) of section | 12446 |
7.12 of the Revised Code. Section 2701.09 of the Revised Code does | 12447 |
not apply to publication of such a notice. In any county that has | 12448 |
adopted a permanent parcel number system, the parcel may be | 12449 |
described in the notice by parcel number only, instead of also | 12450 |
with a complete legal description, if the prosecuting attorney | 12451 |
determines that the publication of the complete legal description | 12452 |
is not necessary to provide reasonable notice of the foreclosure | 12453 |
proceeding to the interested parties. If the complete legal | 12454 |
description is not published, the notice shall indicate where the | 12455 |
complete legal description may be obtained. | 12456 |
After the third publication, the publisher shall file with | 12457 |
the clerk of the court an affidavit stating the fact of the | 12458 |
publication and including a copy of the notice of foreclosure as | 12459 |
published. Service of process for purposes of the action in rem | 12460 |
shall be considered as complete on the date of the last | 12461 |
publication. | 12462 |
Within thirty days after the filing of a complaint and before | 12463 |
the final date of publication of the notice of foreclosure, the | 12464 |
clerk of the court also shall cause a copy of a notice | 12465 |
substantially in the form of the notice set forth in division (C) | 12466 |
of section 5721.181 of the Revised Code to be mailed by certified | 12467 |
mail, with postage prepaid, to each person named in the complaint | 12468 |
as being the last known owner of a parcel included in it, or as | 12469 |
being a lienholder or other person with an interest in a parcel | 12470 |
included in it. The notice shall be sent to the address of each | 12471 |
such person, as set forth in the complaint, and the clerk shall | 12472 |
enter the fact of such mailing upon the appearance docket. If the | 12473 |
name and address of the last known owner of a parcel included in a | 12474 |
complaint is not set forth in it, the auditor shall file an | 12475 |
affidavit with the clerk stating that the name and address of the | 12476 |
last known owner does not appear on the general tax list. | 12477 |
(2)(a) An answer may be filed in an action in rem under this | 12478 |
division by any person owning or claiming any right, title, or | 12479 |
interest in, or lien upon, any parcel described in the complaint. | 12480 |
The answer shall contain the caption and number of the action and | 12481 |
the serial number of the parcel concerned. The answer shall set | 12482 |
forth the nature and amount of interest claimed in the parcel and | 12483 |
any defense or objection to the foreclosure of the lien of the | 12484 |
state for delinquent taxes, assessments, charges, penalties, and | 12485 |
interest as shown in the complaint. The answer shall be filed in | 12486 |
the office of the clerk of the court, and a copy of the answer | 12487 |
shall be served on the prosecuting attorney, not later than | 12488 |
twenty-eight days after the date of final publication of the | 12489 |
notice of foreclosure. If an answer is not filed within such time, | 12490 |
a default judgment may be taken as to any parcel included in a | 12491 |
complaint as to which no answer has been filed. A default judgment | 12492 |
is valid and effective with respect to all persons owning or | 12493 |
claiming any right, title, or interest in, or lien upon, any such | 12494 |
parcel, notwithstanding that one or more of such persons are | 12495 |
minors, incompetents, absentees or nonresidents of the state, or | 12496 |
convicts in confinement. | 12497 |
(b)(i) A receiver appointed pursuant to divisions (C)(2) and | 12498 |
(3) of section 3767.41 of the Revised Code may file an answer | 12499 |
pursuant to division (B)(2)(a) of this section, but is not | 12500 |
required to do so as a condition of receiving proceeds in a | 12501 |
distribution under division (B)(1) of section 5721.17 of the | 12502 |
Revised Code. | 12503 |
(ii) When a receivership under section 3767.41 of the Revised | 12504 |
Code is associated with a parcel, the notice of foreclosure set | 12505 |
forth in division (B) of section 5721.181 of the Revised Code and | 12506 |
the notice set forth in division (C) of that section shall be | 12507 |
modified to reflect the provisions of division (B)(2)(b)(i) of | 12508 |
this section. | 12509 |
(3) At the trial of an action in rem under this division, the | 12510 |
certificate or master list filed by the auditor with the | 12511 |
prosecuting attorney shall be prima-facie evidence of the amount | 12512 |
and validity of the taxes, assessments, charges, penalties, and | 12513 |
interest appearing due and unpaid on the parcel to which the | 12514 |
certificate or master list relates and their nonpayment. If an | 12515 |
answer is properly filed, the court may, in its discretion, and | 12516 |
shall, at the request of the person filing the answer, grant a | 12517 |
severance of the proceedings as to any parcel described in such | 12518 |
answer for purposes of trial or appeal. | 12519 |
(C) In addition to the actions in rem authorized under | 12520 |
division (B) of this section and section 5721.14 of the Revised | 12521 |
Code, an action in rem may be commenced under this division. An | 12522 |
action commenced under this division shall conform to all of the | 12523 |
requirements of division (B) of this section except as follows: | 12524 |
(1) The prosecuting attorney shall not cause a title search | 12525 |
to be conducted for the purpose of identifying any lienholders or | 12526 |
other persons with interests in the property subject to | 12527 |
foreclosure, except that the prosecuting attorney shall cause a | 12528 |
title search to be conducted to identify any receiver's lien. | 12529 |
(2) The names and addresses of lienholders and persons with | 12530 |
an interest in the parcel shall not be contained in the complaint, | 12531 |
and notice shall not be mailed to lienholders and persons with an | 12532 |
interest as provided in division (B)(1) of this section, except | 12533 |
that the name and address of a receiver under section 3767.41 of | 12534 |
the Revised Code shall be contained in the complaint and notice | 12535 |
shall be mailed to the receiver. | 12536 |
(3) With respect to the forms applicable to actions commenced | 12537 |
under division (B) of this section and contained in section | 12538 |
5721.181 of the Revised Code: | 12539 |
(a) The notice of foreclosure prescribed by division (B) of | 12540 |
section 5721.181 of the Revised Code shall be revised to exclude | 12541 |
any reference to the inclusion of the name and address of each | 12542 |
lienholder and other person with an interest in the parcel | 12543 |
identified in a statutorily required title search relating to the | 12544 |
parcel, and to exclude any such names and addresses from the | 12545 |
published notice, except that the revised notice shall refer to | 12546 |
the inclusion of the name and address of a receiver under section | 12547 |
3767.41 of the Revised Code and the published notice shall include | 12548 |
the receiver's name and address. The notice of foreclosure also | 12549 |
shall include the following in boldface type: | 12550 |
"If pursuant to the action the parcel is sold, the sale shall | 12551 |
not affect or extinguish any lien or encumbrance with respect to | 12552 |
the parcel other than a receiver's lien and other than the lien | 12553 |
for land taxes, assessments, charges, interest, and penalties for | 12554 |
which the lien is foreclosed and in satisfaction of which the | 12555 |
property is sold. All other liens and encumbrances with respect to | 12556 |
the parcel shall survive the sale." | 12557 |
(b) The notice to the owner, lienholders, and other persons | 12558 |
with an interest in a parcel shall be a notice only to the owner | 12559 |
and to any receiver under section 3767.41 of the Revised Code, and | 12560 |
the last two sentences of the notice shall be omitted. | 12561 |
(4) As used in this division, a "receiver's lien" means the | 12562 |
lien of a receiver appointed pursuant to divisions (C)(2) and (3) | 12563 |
of section 3767.41 of the Revised Code that is acquired pursuant | 12564 |
to division (H)(2)(b) of that section for any unreimbursed | 12565 |
expenses and other amounts paid in accordance with division (F) of | 12566 |
that section by the receiver and for the fees of the receiver | 12567 |
approved pursuant to division (H)(1) of that section. | 12568 |
(D) If the prosecuting attorney determines that an action in | 12569 |
rem under division (B) or (C) of this section is precluded by law, | 12570 |
then foreclosure proceedings shall be filed pursuant to division | 12571 |
(A) of this section, and the complaint in the action in personam | 12572 |
shall set forth the grounds upon which the action in rem is | 12573 |
precluded. | 12574 |
(E) The conveyance by the owner of any parcel against which a | 12575 |
complaint has been filed pursuant to this section at any time | 12576 |
after the date of publication of the parcel on the delinquent tax | 12577 |
list but before the date of a judgment of foreclosure pursuant to | 12578 |
section 5721.19 of the Revised Code shall not nullify the right of | 12579 |
the county to proceed with the foreclosure. | 12580 |
Sec. 5721.31. (A)(1) After receipt of a duplicate of the | 12581 |
delinquent land list compiled under section 5721.011 of the | 12582 |
Revised Code, or a delinquent land list compiled previously under | 12583 |
that section, the county treasurer may select from the list | 12584 |
parcels of delinquent land the lien against which the county | 12585 |
treasurer may attempt to transfer by the sale of tax certificates | 12586 |
under sections 5721.30 to 5721.43 of the Revised Code. None of the | 12587 |
following parcels may be selected for a tax certificate sale: | 12588 |
(a) A parcel for which the full amount of taxes, assessments, | 12589 |
penalties, interest, and charges have been paid; | 12590 |
(b) A parcel for which a valid contract under section | 12591 |
323.122, 323.31, or 5713.20 of the Revised Code is in force; | 12592 |
(c) A parcel the owner of which has filed a petition in | 12593 |
bankruptcy, so long as the parcel is property of the bankruptcy | 12594 |
estate. | 12595 |
(2) The county treasurer shall compile a separate list of | 12596 |
parcels selected for tax certificate sales, including the same | 12597 |
information as is required to be included in the delinquent land | 12598 |
list. | 12599 |
Upon compiling the list of parcels selected for tax | 12600 |
certificate sales, the county treasurer may conduct a title search | 12601 |
for any parcel on the list. | 12602 |
(B)(1) Except as otherwise provided in division (B)(3) of | 12603 |
this section, when tax certificates are to be sold under section | 12604 |
5721.32 of the Revised Code with respect to parcels, the county | 12605 |
treasurer shall send written notice by certified mail to either | 12606 |
the owner of record or all interested parties discoverable through | 12607 |
a title search, or both, of each parcel on the list. A notice to | 12608 |
an owner shall be sent to the owner's last known tax-mailing | 12609 |
address. The notice shall inform the owner or interested parties | 12610 |
that a tax certificate will be offered for sale on the parcel, and | 12611 |
that the owner or interested parties may incur additional expenses | 12612 |
as a result of the sale. | 12613 |
(2) Except as otherwise provided in division (B)(3) of this | 12614 |
section, when tax certificates are to be sold or transferred under | 12615 |
section 5721.33 of the Revised Code with respect to parcels, the | 12616 |
county treasurer, at least thirty days prior to the date of sale | 12617 |
or transfer of such tax certificates, shall send written notice of | 12618 |
the sale or transfer by certified mail to the last known | 12619 |
tax-mailing address of the record owner of the property or parcel | 12620 |
and may send such notice to all parties with an interest in the | 12621 |
property that has been recorded in the property records of the | 12622 |
county pursuant to section 317.08 of the Revised Code. The notice | 12623 |
shall state that a tax certificate will be offered for sale or | 12624 |
transfer on the parcel, and that the owner or interested parties | 12625 |
may incur additional expenses as a result of the sale or | 12626 |
transfer. | 12627 |
(3) The county treasurer is not required to send a notice | 12628 |
under division (B)(1) or (B)(2) of this section if the treasurer | 12629 |
previously has attempted to send such notice to the owner of the | 12630 |
parcel and the notice has been returned by the post office as | 12631 |
undeliverable. The absence of a valid tax-mailing address for the | 12632 |
owner of a parcel does not preclude the county treasurer from | 12633 |
selling or transferring a tax certificate for the parcel. | 12634 |
(C) The county treasurer shall advertise the sale of tax | 12635 |
certificates under section 5721.32 of the Revised Code in a | 12636 |
newspaper of general circulation in the county, once a week for | 12637 |
two consecutive weeks. The newspaper shall meet the requirements | 12638 |
of divisions (A)(1) to (5) of section 7.12 of the Revised Code. | 12639 |
Section 2701.09 of the Revised Code does not apply to publication | 12640 |
of such an advertisement. The advertisement shall include the | 12641 |
date, the time, and the place of the public auction, abbreviated | 12642 |
legal descriptions of the parcels, and the names of the owners of | 12643 |
record of the parcels. The advertisement also shall include the | 12644 |
certificate purchase prices of the parcels or the total purchase | 12645 |
price of tax certificates for sale in blocks of tax certificates. | 12646 |
(D) After the county treasurer has compiled the list of | 12647 |
parcels selected for tax certificate sales but before a tax | 12648 |
certificate respecting a parcel is sold or transferred, if the | 12649 |
owner of record of the parcel pays to the county treasurer in cash | 12650 |
the delinquent taxes respecting the parcel or otherwise acts so | 12651 |
that any condition in division (A)(1)(a), (b), or (c) of this | 12652 |
section applies to the parcel, the owner of record of the parcel | 12653 |
also shall pay a fee in an amount prescribed by the treasurer to | 12654 |
cover the administrative costs of the treasurer under this section | 12655 |
respecting the parcel. The fee shall be deposited in the county | 12656 |
treasury to the credit of the tax certificate administration fund. | 12657 |
(E) A tax certificate administration fund shall be created in | 12658 |
the county treasury of each county selling tax certificates under | 12659 |
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be | 12660 |
administered by the county treasurer, and used solely for the | 12661 |
purposes of sections 5721.30 to 5721.43 of the Revised Code or as | 12662 |
otherwise permitted in this division. Any fee received by the | 12663 |
treasurer under sections 5721.30 to 5721.43 of the Revised Code | 12664 |
shall be credited to the fund, except the bidder registration fee | 12665 |
under division (B) of section 5721.32 of the Revised Code and the | 12666 |
county prosecuting attorney's fee under division (B)(3) of section | 12667 |
5721.37 of the Revised Code. To the extent there is a surplus in | 12668 |
the fund from time to time, the surplus may, with the approval of | 12669 |
the county treasurer, be utilized for the purposes of a county | 12670 |
land reutilization corporation operating in the county. | 12671 |
(F) The county treasurers of more than one county may jointly | 12672 |
conduct a regional sale of tax certificates under section 5721.32 | 12673 |
of the Revised Code. A regional sale shall be held at a single | 12674 |
location in one county, where the tax certificates from each of | 12675 |
the participating counties shall be offered for sale at public | 12676 |
auction. Before the regional sale, each county treasurer shall | 12677 |
advertise the sale for the parcels in the treasurer's county as | 12678 |
required by division (C) of this section. At the regional sale, | 12679 |
tax certificates shall be sold on parcels from one county at a | 12680 |
time, with all of the certificates for one county offered for sale | 12681 |
before any certificates for the next county are offered for sale. | 12682 |
(G) The tax commissioner shall prescribe the form of the tax | 12683 |
certificate under this section, and county treasurers shall use | 12684 |
the form so prescribed. | 12685 |
Sec. 5722.13. Real property acquired and held by an electing | 12686 |
subdivision pursuant to this chapter that is not sold or otherwise | 12687 |
transferred within fifteen years after such acquisition shall be | 12688 |
offered for sale at public auction during the sixteenth year after | 12689 |
acquisition. If the real property is not sold at that time, it may | 12690 |
be disposed of or retained for any lawful purpose without further | 12691 |
application of this chapter. | 12692 |
Notice of the sale shall contain a description of each | 12693 |
parcel, the permanent parcel number, and the full street address | 12694 |
when available. The notice shall be published once a week for | 12695 |
three consecutive weeks prior to the sale in a newspaper of | 12696 |
general circulation within the electing subdivision. The newspaper | 12697 |
shall meet the requirements of divisions (A)(1) to (5) of section | 12698 |
7.12 of the Revised Code. Section 2701.09 of the Revised Code does | 12699 |
not apply to publication of such a notice. | 12700 |
Each parcel subsequent to the fifteenth year after its | 12701 |
acquisition as part of a land reutilization program shall be sold | 12702 |
for an amount equal to not less than the greater of: | 12703 |
(A) Two-thirds of its fair market value; | 12704 |
(B) The total amount of accrued taxes, assessments, | 12705 |
penalties, interest, charges, and costs incurred by the electing | 12706 |
subdivision in the acquisition, maintenance, and disposal of each | 12707 |
parcel and the parcel's share of the costs and expenses of the | 12708 |
land reutilization program. | 12709 |
The sale requirements of this section do not apply to real | 12710 |
property acquired and held by a county land reutilization | 12711 |
corporation. | 12712 |
Sec. 5723.05. If the taxes, assessments, charges, penalties, | 12713 |
interest, and costs due on the forfeited lands have not been paid | 12714 |
when the county auditor fixes the date for the sale of forfeited | 12715 |
lands, the auditor shall give notice of them once a week for two | 12716 |
consecutive weeks prior to the date fixed by the auditor for the | 12717 |
sale, | 12718 |
Revised Code. The notice shall state that if the taxes, | 12719 |
assessments, charges, penalties, interest, and costs charged | 12720 |
against the lands forfeited to the state for nonpayment of taxes | 12721 |
are not paid into the county treasury, and the county treasurer's | 12722 |
receipt produced for the payment before the time specified in the | 12723 |
notice for the sale of the lands, which day shall be named in the | 12724 |
notice, each forfeited tract on which the taxes, assessments, | 12725 |
charges, penalties, interest, and costs remain unpaid will be | 12726 |
offered for sale beginning on the date set by the auditor, at the | 12727 |
courthouse in the county, in order to satisfy the unpaid taxes, | 12728 |
assessments, charges, penalties, interest, and costs, and that the | 12729 |
sale will continue from day to day until each of the tracts is | 12730 |
sold or offered for sale. | 12731 |
The notice also shall state that, if the forfeited land is | 12732 |
sold for an amount that is less than the amount of the delinquent | 12733 |
taxes, assessments, charges, penalties, and interest against it, | 12734 |
and, if division (B)(2) of section 5721.17 of the Revised Code is | 12735 |
applicable, any notes issued by a receiver pursuant to division | 12736 |
(F) of section 3767.41 of the Revised Code and any receiver's lien | 12737 |
as defined in division (C)(4) of section 5721.18 of the Revised | 12738 |
Code, the court, in a separate order, may enter a deficiency | 12739 |
judgment against the last owner of record of the land before its | 12740 |
forfeiture to the state, for the amount of the difference; and | 12741 |
that, if that owner of record is a corporation, the court may | 12742 |
enter the deficiency judgment against the stockholder holding a | 12743 |
majority of that corporation's stock. | 12744 |
Sec. 5727.57. In addition to all other remedies for the | 12745 |
collection of any taxes or penalties due under law, whenever any | 12746 |
taxes, fees, or penalties due from any public utility have | 12747 |
remained unpaid for a period of ninety days, or whenever any | 12748 |
public utility has failed for a period of ninety days to make any | 12749 |
report or return required by law, or to pay any penalty for | 12750 |
failure to make or file such report or return, the attorney | 12751 |
general, upon the request of the tax commissioner, shall file a | 12752 |
petition in the court of common pleas in the county of the state | 12753 |
in which such public utility has its principal place of business | 12754 |
for a judgment for the amount of the taxes and penalties appearing | 12755 |
to be due, the enforcement of any lien in favor of the state, and | 12756 |
an injunction to restrain such public utility and its officers, | 12757 |
directors, and managing agents from the transaction of any | 12758 |
business within this state, other than such acts as are incidental | 12759 |
to liquidation or winding up, until the payment of such taxes, | 12760 |
fees, penalties, and the costs of the proceeding, which shall be | 12761 |
fixed by the court, or the making and filing of such report or | 12762 |
return. | 12763 |
Such petition shall be in the name of the state. All or any | 12764 |
of the public utilities having their principal places of business | 12765 |
in the county may be joined in one suit. On the motion of the | 12766 |
attorney general, the court of common pleas shall enter an order | 12767 |
requiring all defendants to answer by a day certain, and may | 12768 |
appoint a special master commissioner to take testimony, with such | 12769 |
other power and authority as the court confers, and permit process | 12770 |
to be served by certified mail and by publication in a newspaper | 12771 |
of general circulation | 12772 |
need not be made more than once, setting forth the name of each | 12773 |
delinquent public utility, the matter in which such public utility | 12774 |
is delinquent, the names of its officers, directors, and managing | 12775 |
agents, if set forth in the petition, and the amount of any taxes, | 12776 |
fees, or penalties claimed to be owing by said public utility. | 12777 |
All of the officers, directors, shareholders, or managing | 12778 |
agents of any public utility may be joined as defendants with such | 12779 |
public utility. | 12780 |
If it appears to the court upon hearing that any public | 12781 |
utility which is a party to such proceeding is indebted to the | 12782 |
state for taxes, fees, or penalties, judgment shall be entered | 12783 |
therefor with interest, which shall be computed at the rate per | 12784 |
annum prescribed by section 5703.47 of the Revised Code; and if it | 12785 |
appears that any public utility has failed to make or file any | 12786 |
report or return, a mandatory injunction may be issued against | 12787 |
such public utility, its officers, directors, and managing agents, | 12788 |
as such enjoining them from the transaction of any business within | 12789 |
this state, other than acts incidental to liquidation or winding | 12790 |
up, until the making and filing of all proper reports or returns | 12791 |
and the payment in full of all taxes, fees, and penalties. | 12792 |
If the officers, directors, shareholders, or managing agents | 12793 |
of a public utility are not made parties in the first instance, | 12794 |
and a judgment or an injunction is rendered or issued against such | 12795 |
public utility, such officers, directors, shareholders, or | 12796 |
managing agents, or any of them, may be made parties to such | 12797 |
proceedings upon the motion of the attorney general, and, upon | 12798 |
notice to them of the form and terms of such injunction, they | 12799 |
shall be bound thereby as fully as if they had been made parties | 12800 |
in the first instance. | 12801 |
In any action authorized by this section, a statement of the | 12802 |
commissioner or the secretary of state, when duly certified shall | 12803 |
be prima-facie evidence of the amount of taxes, fees, or penalties | 12804 |
due from any public utility, or of the failure of any public | 12805 |
utility to file with the commissioner or the secretary of state | 12806 |
any report required by law, and any such certificate of the | 12807 |
commissioner or the secretary of state may be required in evidence | 12808 |
in any such proceeding. | 12809 |
On the application of any defendant and for good cause shown, | 12810 |
the court may order a separate hearing of the issues as to any | 12811 |
defendant. | 12812 |
The costs of the proceeding shall be apportioned among the | 12813 |
parties as the court deems proper. | 12814 |
The court in such proceeding may make, enter, and enforce | 12815 |
such other judgments and orders and grant such other relief as is | 12816 |
necessary or incidental to the enforcement of the claims and lien | 12817 |
of the state. | 12818 |
In the performance of the duties enjoined | 12819 |
section the attorney general may direct any prosecuting attorney | 12820 |
to bring an action, as authorized by this section, in the name of | 12821 |
the state with respect to any delinquent public utilities within | 12822 |
12823 | |
orders shall be had as if such action were instituted by the | 12824 |
attorney general. | 12825 |
Sec. 5733.23. In addition to all other remedies for the | 12826 |
collection of any taxes or penalties due under law, whenever any | 12827 |
taxes, fees, or penalties due from any corporation have remained | 12828 |
unpaid for a period of ninety days, or whenever any corporation | 12829 |
has failed for a period of ninety days to make any report or | 12830 |
return required by law, or to pay any penalty for failure to make | 12831 |
or file such report or return, the attorney general, upon the | 12832 |
request of the tax commissioner, shall file a petition in the | 12833 |
court of common pleas in the county of the state in which such | 12834 |
corporation has its principal place of business for a judgment for | 12835 |
the amount of the taxes or penalties appearing to be due, the | 12836 |
enforcement of any lien in favor of the state, and an injunction | 12837 |
to restrain such corporation and its officers, directors, and | 12838 |
managing agents from the transaction of any business within this | 12839 |
state, other than such acts as are incidental to liquidation or | 12840 |
winding up, until the payment of such taxes, fees, and penalties, | 12841 |
and the costs of the proceeding which shall be fixed by the court, | 12842 |
or the making and filing of such report or return. | 12843 |
Such petition shall be in the name of the state. All or any | 12844 |
of the corporations having their principal places of business in | 12845 |
the county may be joined in one suit. On the motion of the | 12846 |
attorney general, the court of common pleas shall enter an order | 12847 |
requiring all defendants to answer by a day certain, and may | 12848 |
appoint a special master commissioner to take testimony, with such | 12849 |
other power and authority as the court confers, and permitting | 12850 |
process to be served by registered mail and by publication in a | 12851 |
newspaper of general circulation | 12852 |
publication need not be made more than once, setting forth the | 12853 |
name of each delinquent corporation, the matter in which such | 12854 |
corporation is delinquent, the names of its officers, directors, | 12855 |
and managing agents, if set forth in the petition, and the amount | 12856 |
of any taxes, fees, or penalties claimed to be owing by said | 12857 |
corporation. | 12858 |
All or any of the officers, directors, shareholders, or | 12859 |
managing agents of any corporation may be joined as defendants | 12860 |
with such corporation. | 12861 |
If it appears to the court upon hearing that any corporation | 12862 |
which is a party to such proceeding is indebted to the state for | 12863 |
taxes, fees, or penalties, judgment shall be entered therefor with | 12864 |
interest; and if it appears that any corporation has failed to | 12865 |
make or file any report or return, a mandatory injunction may be | 12866 |
issued against such corporation, its officers, directors, and | 12867 |
managing agents, enjoining them from the transaction of any | 12868 |
business within this state, other than acts incidental to | 12869 |
liquidation or winding up, until the making and filing of all | 12870 |
proper reports or returns and until the payment in full of all | 12871 |
taxes, fees, and penalties. | 12872 |
If the officers, directors, shareholders, or managing agents | 12873 |
of a corporation are not made parties in the first instance, and a | 12874 |
judgment or an injunction is rendered or issued against such | 12875 |
corporation, such officers, directors, shareholders, or managing | 12876 |
agents may be made parties to such proceedings upon the motion of | 12877 |
the attorney general, and, upon notice to them of the form and | 12878 |
terms of such injunction, they shall be bound thereby as fully as | 12879 |
if they had been made parties in the first instance. | 12880 |
In any action authorized by this section, a statement of the | 12881 |
commissioner, or the secretary of state, when duly certified, | 12882 |
shall be prima-facie evidence of the amount of taxes, fees, or | 12883 |
penalties due from any corporation, or of the failure of any | 12884 |
corporation to file with the commissioner or the secretary of | 12885 |
state any report required by law, and any such certificate of the | 12886 |
commissioner or the secretary of state may be required in evidence | 12887 |
in any such proceeding. | 12888 |
On the application of any defendant and for good cause shown, | 12889 |
the court may order a separate hearing of the issues as to any | 12890 |
defendant. | 12891 |
The costs of the proceeding shall be apportioned among the | 12892 |
parties as the court deems proper. | 12893 |
The court in such proceeding may make, enter, and enforce | 12894 |
such other judgments and orders and grant such other relief as is | 12895 |
necessary or incidental to the enforcement of the claims and lien | 12896 |
of the state. | 12897 |
In the performance of the duties enjoined upon | 12898 |
attorney general by this section the attorney general may direct | 12899 |
any prosecuting attorney to bring an action, as authorized by this | 12900 |
section, in the name of the state with respect to any delinquent | 12901 |
corporations within | 12902 |
like proceedings and orders shall be had as if such action were | 12903 |
instituted by the attorney general. | 12904 |
Sec. 5739.021. (A) For the purpose of providing additional | 12905 |
general revenues for the county or supporting criminal and | 12906 |
administrative justice services in the county, or both, and to pay | 12907 |
the expenses of administering such levy, any county may levy a tax | 12908 |
at the rate of not more than one per cent at any multiple of | 12909 |
one-fourth of one per cent upon every retail sale made in the | 12910 |
county, except sales of watercraft and outboard motors required to | 12911 |
be titled pursuant to Chapter 1548. of the Revised Code and sales | 12912 |
of motor vehicles, and may increase the rate of an existing tax to | 12913 |
not more than one per cent at any multiple of one-fourth of one | 12914 |
per cent. | 12915 |
The tax shall be levied and the rate increased pursuant to a | 12916 |
resolution of the board of county commissioners. The resolution | 12917 |
shall state the purpose for which the tax is to be levied and the | 12918 |
number of years for which the tax is to be levied, or that it is | 12919 |
for a continuing period of time. If the tax is to be levied for | 12920 |
the purpose of providing additional general revenues and for the | 12921 |
purpose of supporting criminal and administrative justice | 12922 |
services, the resolution shall state the rate or amount of the tax | 12923 |
to be apportioned to each such purpose. The rate or amount may be | 12924 |
different for each year the tax is to be levied, but the rates or | 12925 |
amounts actually apportioned each year shall not be different from | 12926 |
that stated in the resolution for that year. If the resolution is | 12927 |
adopted as an emergency measure necessary for the immediate | 12928 |
preservation of the public peace, health, or safety, it must | 12929 |
receive an affirmative vote of all of the members of the board of | 12930 |
county commissioners and shall state the reasons for such | 12931 |
necessity. The board shall deliver a certified copy of the | 12932 |
resolution to the tax commissioner, not later than the sixty-fifth | 12933 |
day prior to the date on which the tax is to become effective, | 12934 |
which shall be the first day of the calendar quarter. | 12935 |
Prior to the adoption of any resolution under this section, | 12936 |
the board of county commissioners shall conduct two public | 12937 |
hearings on the resolution, the second hearing to be not less than | 12938 |
three nor more than ten days after the first. Notice of the date, | 12939 |
time, and place of the hearings shall be given by publication as | 12940 |
provided in section 7.16 of the Revised Code or in a newspaper of | 12941 |
general circulation in the county, once a week on the same day of | 12942 |
the week for two consecutive weeks, the second publication being | 12943 |
not less than ten nor more than thirty days prior to the first | 12944 |
hearing. | 12945 |
Except as provided in division (B)(3) of this section, the | 12946 |
resolution shall be subject to a referendum as provided in | 12947 |
sections 305.31 to 305.41 of the Revised Code. | 12948 |
If a petition for a referendum is filed, the county auditor | 12949 |
with whom the petition was filed shall, within five days, notify | 12950 |
the board of county commissioners and the tax commissioner of the | 12951 |
filing of the petition by certified mail. If the board of | 12952 |
elections with which the petition was filed declares the petition | 12953 |
invalid, the board of elections, within five days, shall notify | 12954 |
the board of county commissioners and the tax commissioner of that | 12955 |
declaration by certified mail. If the petition is declared to be | 12956 |
invalid, the effective date of the tax or increased rate of tax | 12957 |
levied by this section shall be the first day of a calendar | 12958 |
quarter following the expiration of sixty-five days from the date | 12959 |
the commissioner receives notice from the board of elections that | 12960 |
the petition is invalid. | 12961 |
(B)(1) A resolution that is not adopted as an emergency | 12962 |
measure may direct the board of elections to submit the question | 12963 |
of levying the tax or increasing the rate of tax to the electors | 12964 |
of the county at a special election held on the date specified by | 12965 |
the board of county commissioners in the resolution, provided that | 12966 |
the election occurs not less than seventy-five days after a | 12967 |
certified copy of such resolution is transmitted to the board of | 12968 |
elections and the election is not held in February or August of | 12969 |
any year. Upon transmission of the resolution to the board of | 12970 |
elections, the board of county commissioners shall notify the tax | 12971 |
commissioner in writing of the levy question to be submitted to | 12972 |
the electors. No resolution adopted under this division shall go | 12973 |
into effect unless approved by a majority of those voting upon it, | 12974 |
and, except as provided in division (B)(3) of this section, shall | 12975 |
become effective on the first day of a calendar quarter following | 12976 |
the expiration of sixty-five days from the date the tax | 12977 |
commissioner receives notice from the board of elections of the | 12978 |
affirmative vote. | 12979 |
(2) A resolution that is adopted as an emergency measure | 12980 |
shall go into effect as provided in division (A) of this section, | 12981 |
but may direct the board of elections to submit the question of | 12982 |
repealing the tax or increase in the rate of the tax to the | 12983 |
electors of the county at the next general election in the county | 12984 |
occurring not less than seventy-five days after a certified copy | 12985 |
of the resolution is transmitted to the board of elections. Upon | 12986 |
transmission of the resolution to the board of elections, the | 12987 |
board of county commissioners shall notify the tax commissioner in | 12988 |
writing of the levy question to be submitted to the electors. The | 12989 |
ballot question shall be the same as that prescribed in section | 12990 |
5739.022 of the Revised Code. The board of elections shall notify | 12991 |
the board of county commissioners and the tax commissioner of the | 12992 |
result of the election immediately after the result has been | 12993 |
declared. If a majority of the qualified electors voting on the | 12994 |
question of repealing the tax or increase in the rate of the tax | 12995 |
vote for repeal of the tax or repeal of the increase, the board of | 12996 |
county commissioners, on the first day of a calendar quarter | 12997 |
following the expiration of sixty-five days after the date the | 12998 |
board and tax commissioner receive notice of the result of the | 12999 |
election, shall, in the case of a repeal of the tax, cease to levy | 13000 |
the tax, or, in the case of a repeal of an increase in the rate of | 13001 |
the tax, cease to levy the increased rate and levy the tax at the | 13002 |
rate at which it was imposed immediately prior to the increase in | 13003 |
rate. | 13004 |
(3) If a vendor that is registered with the central | 13005 |
electronic registration system provided for in section 5740.05 of | 13006 |
the Revised Code makes a sale in this state by printed catalog and | 13007 |
the consumer computed the tax on the sale based on local rates | 13008 |
published in the catalog, any tax levied or repealed or rate | 13009 |
changed under this section shall not apply to such a sale until | 13010 |
the first day of a calendar quarter following the expiration of | 13011 |
one hundred twenty days from the date of notice by the tax | 13012 |
commissioner pursuant to division (H) of this section. | 13013 |
(C) If a resolution is rejected at a referendum or if a | 13014 |
resolution adopted after January 1, 1982, as an emergency measure | 13015 |
is repealed by the electors pursuant to division (B)(2) of this | 13016 |
section or section 5739.022 of the Revised Code, then for one year | 13017 |
after the date of the election at which the resolution was | 13018 |
rejected or repealed the board of county commissioners may not | 13019 |
adopt any resolution authorized by this section as an emergency | 13020 |
measure. | 13021 |
(D) The board of county commissioners, at any time while a | 13022 |
tax levied under this section is in effect, may by resolution | 13023 |
reduce the rate at which the tax is levied to a lower rate | 13024 |
authorized by this section. Any reduction in the rate at which the | 13025 |
tax is levied shall be made effective on the first day of a | 13026 |
calendar quarter next following the sixty-fifth day after a | 13027 |
certified copy of the resolution is delivered to the tax | 13028 |
commissioner. | 13029 |
(E) The tax on every retail sale subject to a tax levied | 13030 |
pursuant to this section shall be in addition to the tax levied by | 13031 |
section 5739.02 of the Revised Code and any tax levied pursuant to | 13032 |
section 5739.023 or 5739.026 of the Revised Code. | 13033 |
A county that levies a tax pursuant to this section shall | 13034 |
levy a tax at the same rate pursuant to section 5741.021 of the | 13035 |
Revised Code. | 13036 |
The additional tax levied by the county shall be collected | 13037 |
pursuant to section 5739.025 of the Revised Code. If the | 13038 |
additional tax or some portion thereof is levied for the purpose | 13039 |
of criminal and administrative justice services, the revenue from | 13040 |
the tax, or the amount or rate apportioned to that purpose, shall | 13041 |
be credited to a special fund created in the county treasury for | 13042 |
receipt of that revenue. | 13043 |
Any tax levied pursuant to this section is subject to the | 13044 |
exemptions provided in section 5739.02 of the Revised Code and in | 13045 |
addition shall not be applicable to sales not within the taxing | 13046 |
power of a county under the Constitution of the United States or | 13047 |
the Ohio Constitution. | 13048 |
(F) For purposes of this section, a copy of a resolution is | 13049 |
"certified" when it contains a written statement attesting that | 13050 |
the copy is a true and exact reproduction of the original | 13051 |
resolution. | 13052 |
(G) If a board of commissioners intends to adopt a resolution | 13053 |
to levy a tax in whole or in part for the purpose of criminal and | 13054 |
administrative justice services, the board shall prepare and make | 13055 |
available at the first public hearing at which the resolution is | 13056 |
considered a statement containing the following information: | 13057 |
(1) For each of the two preceding fiscal years, the amount of | 13058 |
expenditures made by the county from the county general fund for | 13059 |
the purpose of criminal and administrative justice services; | 13060 |
(2) For the fiscal year in which the resolution is adopted, | 13061 |
the board's estimate of the amount of expenditures to be made by | 13062 |
the county from the county general fund for the purpose of | 13063 |
criminal and administrative justice services; | 13064 |
(3) For each of the two fiscal years after the fiscal year in | 13065 |
which the resolution is adopted, the board's preliminary plan for | 13066 |
expenditures to be made from the county general fund for the | 13067 |
purpose of criminal and administrative justice services, both | 13068 |
under the assumption that the tax will be imposed for that purpose | 13069 |
and under the assumption that the tax would not be imposed for | 13070 |
that purpose, and for expenditures to be made from the special | 13071 |
fund created under division (E) of this section under the | 13072 |
assumption that the tax will be imposed for that purpose. | 13073 |
The board shall prepare the statement and the preliminary | 13074 |
plan using the best information available to the board at the time | 13075 |
the statement is prepared. Neither the statement nor the | 13076 |
preliminary plan shall be used as a basis to challenge the | 13077 |
validity of the tax in any court of competent jurisdiction, nor | 13078 |
shall the statement or preliminary plan limit the authority of the | 13079 |
board to appropriate, pursuant to section 5705.38 of the Revised | 13080 |
Code, an amount different from that specified in the preliminary | 13081 |
plan. | 13082 |
(H) Upon receipt from a board of county commissioners of a | 13083 |
certified copy of a resolution required by division (A) or (D) of | 13084 |
this section, or from the board of elections of a notice of the | 13085 |
results of an election required by division (A) or (B)(1) or (2) | 13086 |
of this section, the tax commissioner shall provide notice of a | 13087 |
tax rate change in a manner that is reasonably accessible to all | 13088 |
affected vendors. The commissioner shall provide this notice at | 13089 |
least sixty days prior to the effective date of the rate change. | 13090 |
The commissioner, by rule, may establish the method by which | 13091 |
notice will be provided. | 13092 |
(I) As used in this section, "criminal and administrative | 13093 |
justice services" means the exercise by the county sheriff of all | 13094 |
powers and duties vested in that office by law; the exercise by | 13095 |
the county prosecuting attorney of all powers and duties vested in | 13096 |
that office by law; the exercise by any court in the county of all | 13097 |
powers and duties vested in that court; the exercise by the clerk | 13098 |
of the court of common pleas, any clerk of a municipal court | 13099 |
having jurisdiction throughout the county, or the clerk of any | 13100 |
county court of all powers and duties vested in the clerk by law | 13101 |
except, in the case of the clerk of the court of common pleas, the | 13102 |
titling of motor vehicles or watercraft pursuant to Chapter 1548. | 13103 |
or 4505. of the Revised Code; the exercise by the county coroner | 13104 |
of all powers and duties vested in that office by law; making | 13105 |
payments to any other public agency or a private, nonprofit | 13106 |
agency, the purposes of which in the county include the diversion, | 13107 |
adjudication, detention, or rehabilitation of criminals or | 13108 |
juvenile offenders; the operation and maintenance of any detention | 13109 |
facility, as defined in section 2921.01 of the Revised Code; and | 13110 |
the construction, acquisition, equipping, or repair of such a | 13111 |
detention facility, including the payment of any debt charges | 13112 |
incurred in the issuance of securities pursuant to Chapter 133. of | 13113 |
the Revised Code for the purpose of constructing, acquiring, | 13114 |
equipping, or repairing such a facility. | 13115 |
Sec. 5739.022. (A) The question of repeal of either a county | 13116 |
permissive tax or an increase in the rate of a county permissive | 13117 |
tax that was adopted as an emergency measure pursuant to section | 13118 |
5739.021 or 5739.026 of the Revised Code may be initiated by | 13119 |
filing with the board of elections of the county not less than | 13120 |
seventy-five days before the general election in any year a | 13121 |
petition requesting that an election be held on the question. The | 13122 |
question of repealing an increase in the rate of the county | 13123 |
permissive tax shall be submitted to the electors as a separate | 13124 |
question from the repeal of the tax in effect prior to the | 13125 |
increase in the rate. Any petition filed under this section shall | 13126 |
be signed by qualified electors residing in the county equal in | 13127 |
number to ten per cent of those voting for governor at the most | 13128 |
recent gubernatorial election. | 13129 |
After determination by it that the petition is valid, the | 13130 |
board of elections shall submit the question to the electors of | 13131 |
the county at the next general election. The election shall be | 13132 |
conducted, canvassed, and certified in the same manner as regular | 13133 |
elections for county offices in the county. The board of elections | 13134 |
shall notify the tax commissioner, in writing, of the election | 13135 |
upon determining that the petition is valid. Notice of the | 13136 |
election shall also be published in a newspaper of general | 13137 |
circulation in the district once a week for two consecutive weeks | 13138 |
or as provided in section 7.16 of the Revised Code, prior to the | 13139 |
election | 13140 |
maintains a web site, the board of elections shall post notice of | 13141 |
the election on its web site for thirty days prior to the | 13142 |
election. The notice shall state the purpose, time, and place of | 13143 |
the election. The form of the ballot cast at the election shall be | 13144 |
prescribed by the secretary of state; however, the ballot question | 13145 |
shall read, "shall the tax (or, increase in the rate of the tax) | 13146 |
be retained? | 13147 |
13148 |
Yes | 13149 | ||||
No | " | 13150 |
13151 |
The question covered by the petition shall be submitted as a | 13152 |
separate proposition, but it may be printed on the same ballot | 13153 |
with any other proposition submitted at the same election other | 13154 |
than the election of officers. | 13155 |
(B) If a majority of the qualified electors voting on the | 13156 |
question of repeal of either a county permissive tax or an | 13157 |
increase in the rate of a county permissive tax approve the | 13158 |
repeal, the board of elections shall notify the board of county | 13159 |
commissioners and the tax commissioner of the result of the | 13160 |
election immediately after the result has been declared. The board | 13161 |
of county commissioners shall, on the first day of the calendar | 13162 |
quarter following the expiration of sixty-five days after the date | 13163 |
the board and the tax commissioner receive the notice, in the case | 13164 |
of a repeal of a county permissive tax, cease to levy the tax, or, | 13165 |
in the case of a repeal of an increase in the rate of a county | 13166 |
permissive tax, levy the tax at the rate at which it was imposed | 13167 |
immediately prior to the increase in rate and cease to levy the | 13168 |
increased rate. | 13169 |
(C) Upon receipt from a board of elections of a notice of the | 13170 |
results of an election required by division (B) of this section, | 13171 |
the tax commissioner shall provide notice of a tax repeal or rate | 13172 |
change in a manner that is reasonably accessible to all affected | 13173 |
vendors. The commissioner shall provide this notice at least sixty | 13174 |
days prior to the effective date of the rate change. The | 13175 |
commissioner, by rule, may establish the method by which notice | 13176 |
will be provided. | 13177 |
(D) If a vendor that is registered with the central | 13178 |
electronic registration system provided for in section 5740.05 of | 13179 |
the Revised Code makes a sale in this state by printed catalog and | 13180 |
the consumer computed the tax on the sale based on local rates | 13181 |
published in the catalog, any tax repealed or rate changed under | 13182 |
this section shall not apply to such a sale until the first day of | 13183 |
a calendar quarter following the expiration of one hundred twenty | 13184 |
days from the date of notice by the tax commissioner pursuant to | 13185 |
division (C) of this section. | 13186 |
Sec. 5739.026. (A) A board of county commissioners may levy | 13187 |
a tax of one-fourth or one-half of one per cent on every retail | 13188 |
sale in the county, except sales of watercraft and outboard motors | 13189 |
required to be titled pursuant to Chapter 1548. of the Revised | 13190 |
Code and sales of motor vehicles, and may increase an existing | 13191 |
rate of one-fourth of one per cent to one-half of one per cent, to | 13192 |
pay the expenses of administering the tax and, except as provided | 13193 |
in division (A)(6) of this section, for any one or more of the | 13194 |
following purposes provided that the aggregate levy for all such | 13195 |
purposes does not exceed one-half of one per cent: | 13196 |
(1) To provide additional revenues for the payment of bonds | 13197 |
or notes issued in anticipation of bonds issued by a convention | 13198 |
facilities authority established by the board of county | 13199 |
commissioners under Chapter 351. of the Revised Code and to | 13200 |
provide additional operating revenues for the convention | 13201 |
facilities authority; | 13202 |
(2) To provide additional revenues for a transit authority | 13203 |
operating in the county; | 13204 |
(3) To provide additional revenue for the county's general | 13205 |
fund; | 13206 |
(4) To provide additional revenue for permanent improvements | 13207 |
within the county to be distributed by the community improvements | 13208 |
board in accordance with section 307.283 and to pay principal, | 13209 |
interest, and premium on bonds issued under section 307.284 of the | 13210 |
Revised Code; | 13211 |
(5) To provide additional revenue for the acquisition, | 13212 |
construction, equipping, or repair of any specific permanent | 13213 |
improvement or any class or group of permanent improvements, which | 13214 |
improvement or class or group of improvements shall be enumerated | 13215 |
in the resolution required by division (D) of this section, and to | 13216 |
pay principal, interest, premium, and other costs associated with | 13217 |
the issuance of bonds or notes in anticipation of bonds issued | 13218 |
pursuant to Chapter 133. of the Revised Code for the acquisition, | 13219 |
construction, equipping, or repair of the specific permanent | 13220 |
improvement or class or group of permanent improvements; | 13221 |
(6) To provide revenue for the implementation and operation | 13222 |
of a 9-1-1 system in the county. If the tax is levied or the rate | 13223 |
increased exclusively for such purpose, the tax shall not be | 13224 |
levied or the rate increased for more than five years. At the end | 13225 |
of the last year the tax is levied or the rate increased, any | 13226 |
balance remaining in the special fund established for such purpose | 13227 |
shall remain in that fund and be used exclusively for such purpose | 13228 |
until the fund is completely expended, and, notwithstanding | 13229 |
section 5705.16 of the Revised Code, the board of county | 13230 |
commissioners shall not petition for the transfer of money from | 13231 |
such special fund, and the tax commissioner shall not approve such | 13232 |
a petition. | 13233 |
If the tax is levied or the rate increased for such purpose | 13234 |
for more than five years, the board of county commissioners also | 13235 |
shall levy the tax or increase the rate of the tax for one or more | 13236 |
of the purposes described in divisions (A)(1) to (5) of this | 13237 |
section and shall prescribe the method for allocating the revenues | 13238 |
from the tax each year in the manner required by division (C) of | 13239 |
this section. | 13240 |
(7) To provide additional revenue for the operation or | 13241 |
maintenance of a detention facility, as that term is defined under | 13242 |
division (F) of section 2921.01 of the Revised Code; | 13243 |
(8) To provide revenue to finance the construction or | 13244 |
renovation of a sports facility, but only if the tax is levied for | 13245 |
that purpose in the manner prescribed by section 5739.028 of the | 13246 |
Revised Code. | 13247 |
As used in division (A)(8) of this section: | 13248 |
(a) "Sports facility" means a facility intended to house | 13249 |
major league professional athletic teams. | 13250 |
(b) "Constructing" or "construction" includes providing | 13251 |
fixtures, furnishings, and equipment. | 13252 |
(9) To provide additional revenue for the acquisition of | 13253 |
agricultural easements, as defined in section 5301.67 of the | 13254 |
Revised Code; to pay principal, interest, and premium on bonds | 13255 |
issued under section 133.60 of the Revised Code; and for the | 13256 |
supervision and enforcement of agricultural easements held by the | 13257 |
county; | 13258 |
(10) To provide revenue for the provision of ambulance, | 13259 |
paramedic, or other emergency medical services. | 13260 |
Pursuant to section 755.171 of the Revised Code, a board of | 13261 |
county commissioners may pledge and contribute revenue from a tax | 13262 |
levied for the purpose of division (A)(5) of this section to the | 13263 |
payment of debt charges on bonds issued under section 755.17 of | 13264 |
the Revised Code. | 13265 |
The rate of tax shall be a multiple of one-fourth of one per | 13266 |
cent, unless a portion of the rate of an existing tax levied under | 13267 |
section 5739.023 of the Revised Code has been reduced, and the | 13268 |
rate of tax levied under this section has been increased, pursuant | 13269 |
to section 5739.028 of the Revised Code, in which case the | 13270 |
aggregate of the rates of tax levied under this section and | 13271 |
section 5739.023 of the Revised Code shall be a multiple of | 13272 |
one-fourth of one per cent. The tax shall be levied and the rate | 13273 |
increased pursuant to a resolution adopted by a majority of the | 13274 |
members of the board. The board shall deliver a certified copy of | 13275 |
the resolution to the tax commissioner, not later than the | 13276 |
sixty-fifth day prior to the date on which the tax is to become | 13277 |
effective, which shall be the first day of a calendar quarter. | 13278 |
Prior to the adoption of any resolution to levy the tax or to | 13279 |
increase the rate of tax exclusively for the purpose set forth in | 13280 |
division (A)(3) of this section, the board of county commissioners | 13281 |
shall conduct two public hearings on the resolution, the second | 13282 |
hearing to be no fewer than three nor more than ten days after the | 13283 |
first. Notice of the date, time, and place of the hearings shall | 13284 |
be given by publication in a newspaper of general circulation in | 13285 |
the county or as provided in section 7.16 of the Revised Code, | 13286 |
once a week on the same day of the week for two consecutive weeks, | 13287 |
the second publication being no fewer than ten nor more than | 13288 |
thirty days prior to the first hearing. Except as provided in | 13289 |
division (E) of this section, the resolution shall be subject to a | 13290 |
referendum as provided in sections 305.31 to 305.41 of the Revised | 13291 |
Code. If the resolution is adopted as an emergency measure | 13292 |
necessary for the immediate preservation of the public peace, | 13293 |
health, or safety, it must receive an affirmative vote of all of | 13294 |
the members of the board of county commissioners and shall state | 13295 |
the reasons for the necessity. | 13296 |
If the tax is for more than one of the purposes set forth in | 13297 |
divisions (A)(1) to (7), (9), and (10) of this section, or is | 13298 |
exclusively for one of the purposes set forth in division (A)(1), | 13299 |
(2), (4), (5), (6), (7), (9), or (10) of this section, the | 13300 |
resolution shall not go into effect unless it is approved by a | 13301 |
majority of the electors voting on the question of the tax. | 13302 |
(B) The board of county commissioners shall adopt a | 13303 |
resolution under section 351.02 of the Revised Code creating the | 13304 |
convention facilities authority, or under section 307.283 of the | 13305 |
Revised Code creating the community improvements board, before | 13306 |
adopting a resolution levying a tax for the purpose of a | 13307 |
convention facilities authority under division (A)(1) of this | 13308 |
section or for the purpose of a community improvements board under | 13309 |
division (A)(4) of this section. | 13310 |
(C)(1) If the tax is to be used for more than one of the | 13311 |
purposes set forth in divisions (A)(1) to (7), (9), and (10) of | 13312 |
this section, the board of county commissioners shall establish | 13313 |
the method that will be used to determine the amount or proportion | 13314 |
of the tax revenue received by the county during each year that | 13315 |
will be distributed for each of those purposes, including, if | 13316 |
applicable, provisions governing the reallocation of a convention | 13317 |
facilities authority's allocation if the authority is dissolved | 13318 |
while the tax is in effect. The allocation method may provide that | 13319 |
different proportions or amounts of the tax shall be distributed | 13320 |
among the purposes in different years, but it shall clearly | 13321 |
describe the method that will be used for each year. Except as | 13322 |
otherwise provided in division (C)(2) of this section, the | 13323 |
allocation method established by the board is not subject to | 13324 |
amendment during the life of the tax. | 13325 |
(2) Subsequent to holding a public hearing on the proposed | 13326 |
amendment, the board of county commissioners may amend the | 13327 |
allocation method established under division (C)(1) of this | 13328 |
section for any year, if the amendment is approved by the | 13329 |
governing board of each entity whose allocation for the year would | 13330 |
be reduced by the proposed amendment. In the case of a tax that is | 13331 |
levied for a continuing period of time, the board may not so amend | 13332 |
the allocation method for any year before the sixth year that the | 13333 |
tax is in effect. | 13334 |
(a) If the additional revenues provided to the convention | 13335 |
facilities authority are pledged by the authority for the payment | 13336 |
of convention facilities authority revenue bonds for as long as | 13337 |
such bonds are outstanding, no reduction of the authority's | 13338 |
allocation of the tax shall be made for any year except to the | 13339 |
extent that the reduced authority allocation, when combined with | 13340 |
the authority's other revenues pledged for that purpose, is | 13341 |
sufficient to meet the debt service requirements for that year on | 13342 |
such bonds. | 13343 |
(b) If the additional revenues provided to the county are | 13344 |
pledged by the county for the payment of bonds or notes described | 13345 |
in division (A)(4) or (5) of this section, for as long as such | 13346 |
bonds or notes are outstanding, no reduction of the county's or | 13347 |
the community improvements board's allocation of the tax shall be | 13348 |
made for any year, except to the extent that the reduced county or | 13349 |
community improvements board allocation is sufficient to meet the | 13350 |
debt service requirements for that year on such bonds or notes. | 13351 |
(c) If the additional revenues provided to the transit | 13352 |
authority are pledged by the authority for the payment of revenue | 13353 |
bonds issued under section 306.37 of the Revised Code, for as long | 13354 |
as such bonds are outstanding, no reduction of the authority's | 13355 |
allocation of tax shall be made for any year, except to the extent | 13356 |
that the authority's reduced allocation, when combined with the | 13357 |
authority's other revenues pledged for that purpose, is sufficient | 13358 |
to meet the debt service requirements for that year on such bonds. | 13359 |
(d) If the additional revenues provided to the county are | 13360 |
pledged by the county for the payment of bonds or notes issued | 13361 |
under section 133.60 of the Revised Code, for so long as the bonds | 13362 |
or notes are outstanding, no reduction of the county's allocation | 13363 |
of the tax shall be made for any year, except to the extent that | 13364 |
the reduced county allocation is sufficient to meet the debt | 13365 |
service requirements for that year on the bonds or notes. | 13366 |
(D)(1) The resolution levying the tax or increasing the rate | 13367 |
of tax shall state the rate of the tax or the rate of the | 13368 |
increase; the purpose or purposes for which it is to be levied; | 13369 |
the number of years for which it is to be levied or that it is for | 13370 |
a continuing period of time; the allocation method required by | 13371 |
division (C) of this section; and if required to be submitted to | 13372 |
the electors of the county under division (A) of this section, the | 13373 |
date of the election at which the proposal shall be submitted to | 13374 |
the electors of the county, which shall be not less than | 13375 |
seventy-five days after the certification of a copy of the | 13376 |
resolution to the board of elections and, if the tax is to be | 13377 |
levied exclusively for the purpose set forth in division (A)(3) of | 13378 |
this section, shall not occur in February or August of any year. | 13379 |
Upon certification of the resolution to the board of elections, | 13380 |
the board of county commissioners shall notify the tax | 13381 |
commissioner in writing of the levy question to be submitted to | 13382 |
the electors. If approved by a majority of the electors, the tax | 13383 |
shall become effective on the first day of a calendar quarter next | 13384 |
following the sixty-fifth day following the date the board of | 13385 |
county commissioners and tax commissioner receive from the board | 13386 |
of elections the certification of the results of the election, | 13387 |
except as provided in division (E) of this section. | 13388 |
(2)(a) A resolution specifying that the tax is to be used | 13389 |
exclusively for the purpose set forth in division (A)(3) of this | 13390 |
section that is not adopted as an emergency measure may direct the | 13391 |
board of elections to submit the question of levying the tax or | 13392 |
increasing the rate of the tax to the electors of the county at a | 13393 |
special election held on the date specified by the board of county | 13394 |
commissioners in the resolution, provided that the election occurs | 13395 |
not less than seventy-five days after the resolution is certified | 13396 |
to the board of elections and the election is not held in February | 13397 |
or August of any year. Upon certification of the resolution to the | 13398 |
board of elections, the board of county commissioners shall notify | 13399 |
the tax commissioner in writing of the levy question to be | 13400 |
submitted to the electors. No resolution adopted under division | 13401 |
(D)(2)(a) of this section shall go into effect unless approved by | 13402 |
a majority of those voting upon it and, except as provided in | 13403 |
division (E) of this section, not until the first day of a | 13404 |
calendar quarter following the expiration of sixty-five days from | 13405 |
the date the tax commissioner receives notice from the board of | 13406 |
elections of the affirmative vote. | 13407 |
(b) A resolution specifying that the tax is to be used | 13408 |
exclusively for the purpose set forth in division (A)(3) of this | 13409 |
section that is adopted as an emergency measure shall become | 13410 |
effective as provided in division (A) of this section, but may | 13411 |
direct the board of elections to submit the question of repealing | 13412 |
the tax or increase in the rate of the tax to the electors of the | 13413 |
county at the next general election in the county occurring not | 13414 |
less than seventy-five days after the resolution is certified to | 13415 |
the board of elections. Upon certification of the resolution to | 13416 |
the board of elections, the board of county commissioners shall | 13417 |
notify the tax commissioner in writing of the levy question to be | 13418 |
submitted to the electors. The ballot question shall be the same | 13419 |
as that prescribed in section 5739.022 of the Revised Code. The | 13420 |
board of elections shall notify the board of county commissioners | 13421 |
and the tax commissioner of the result of the election immediately | 13422 |
after the result has been declared. If a majority of the qualified | 13423 |
electors voting on the question of repealing the tax or increase | 13424 |
in the rate of the tax vote for repeal of the tax or repeal of the | 13425 |
increase, the board of county commissioners, on the first day of a | 13426 |
calendar quarter following the expiration of sixty-five days after | 13427 |
the date the board and tax commissioner received notice of the | 13428 |
result of the election, shall, in the case of a repeal of the tax, | 13429 |
cease to levy the tax, or, in the case of a repeal of an increase | 13430 |
in the rate of the tax, cease to levy the increased rate and levy | 13431 |
the tax at the rate at which it was imposed immediately prior to | 13432 |
the increase in rate. | 13433 |
(c) A board of county commissioners, by resolution, may | 13434 |
reduce the rate of a tax levied exclusively for the purpose set | 13435 |
forth in division (A)(3) of this section to a lower rate | 13436 |
authorized by this section. Any such reduction shall be made | 13437 |
effective on the first day of the calendar quarter next following | 13438 |
the sixty-fifth day after the tax commissioner receives a | 13439 |
certified copy of the resolution from the board. | 13440 |
(E) If a vendor that is registered with the central | 13441 |
electronic registration system provided for in section 5740.05 of | 13442 |
the Revised Code makes a sale in this state by printed catalog and | 13443 |
the consumer computed the tax on the sale based on local rates | 13444 |
published in the catalog, any tax levied or repealed or rate | 13445 |
changed under this section shall not apply to such a sale until | 13446 |
the first day of a calendar quarter following the expiration of | 13447 |
one hundred twenty days from the date of notice by the tax | 13448 |
commissioner pursuant to division (G) of this section. | 13449 |
(F) The tax levied pursuant to this section shall be in | 13450 |
addition to the tax levied by section 5739.02 of the Revised Code | 13451 |
and any tax levied pursuant to section 5739.021 or 5739.023 of the | 13452 |
Revised Code. | 13453 |
A county that levies a tax pursuant to this section shall | 13454 |
levy a tax at the same rate pursuant to section 5741.023 of the | 13455 |
Revised Code. | 13456 |
The additional tax levied by the county shall be collected | 13457 |
pursuant to section 5739.025 of the Revised Code. | 13458 |
Any tax levied pursuant to this section is subject to the | 13459 |
exemptions provided in section 5739.02 of the Revised Code and in | 13460 |
addition shall not be applicable to sales not within the taxing | 13461 |
power of a county under the Constitution of the United States or | 13462 |
the Ohio Constitution. | 13463 |
(G) Upon receipt from a board of county commissioners of a | 13464 |
certified copy of a resolution required by division (A) of this | 13465 |
section, or from the board of elections a notice of the results of | 13466 |
an election required by division (D)(1), (2)(a), (b), or (c) of | 13467 |
this section, the tax commissioner shall provide notice of a tax | 13468 |
rate change in a manner that is reasonably accessible to all | 13469 |
affected vendors. The commissioner shall provide this notice at | 13470 |
least sixty days prior to the effective date of the rate change. | 13471 |
The commissioner, by rule, may establish the method by which | 13472 |
notice will be provided. | 13473 |
Sec. 5739.101. (A) The legislative authority of a municipal | 13474 |
corporation, by ordinance, or of a township, by resolution, may | 13475 |
declare the municipal corporation or township to be a resort area | 13476 |
for the purposes of this section, if all of the following criteria | 13477 |
are met: | 13478 |
(1) According to statistics published by the federal | 13479 |
government based on data compiled during the most recent decennial | 13480 |
census of the United States, at least sixty-two per cent of total | 13481 |
housing units in the municipal corporation or township are | 13482 |
classified as "for seasonal, recreational, or occasional use"; | 13483 |
(2) Entertainment and recreation facilities are provided | 13484 |
within the municipal corporation or township that are primarily | 13485 |
intended to provide seasonal leisure time activities for persons | 13486 |
other than permanent residents of the municipal corporation or | 13487 |
township; | 13488 |
(3) The municipal corporation or township experiences | 13489 |
seasonal peaks of employment and demand for government services as | 13490 |
a direct result of the seasonal population increase. | 13491 |
(B) For the purpose of providing revenue for its general | 13492 |
fund, the legislative authority of a municipal corporation or | 13493 |
township, in its ordinance or resolution declaring itself a resort | 13494 |
area under this section, may levy a tax on the privilege of | 13495 |
engaging in the business of either of the following: | 13496 |
(1) Making sales in the municipal corporation or township, | 13497 |
whether wholesale or retail, but including sales of food only to | 13498 |
the extent such sales are subject to the tax levied under section | 13499 |
5739.02 of the Revised Code; | 13500 |
(2) Intrastate transportation of passengers or property | 13501 |
primarily to or from the municipal corporation or township by a | 13502 |
railroad, watercraft, or motor vehicle subject to regulation by | 13503 |
the public utilities commission, except not including | 13504 |
transportation of passengers as part of a tour or cruise in which | 13505 |
the passengers will stay in the municipal corporation or township | 13506 |
for no more than one hour. | 13507 |
The tax is imposed upon and shall be paid by the person | 13508 |
making the sales or transporting the passengers or property. The | 13509 |
rate of the tax shall be one-half, one, or one and one-half per | 13510 |
cent of the person's gross receipts derived from making the sales | 13511 |
or transporting the passengers or property to or from the | 13512 |
municipal corporation or township. | 13513 |
(C) The tax shall take effect on the first day of the month | 13514 |
that begins at least sixty days after the effective date of the | 13515 |
ordinance or resolution in which it is levied. The legislative | 13516 |
authority shall certify copies of the ordinance or resolution to | 13517 |
the tax commissioner and treasurer of state within five days after | 13518 |
its adoption. In addition, one time each week during the two weeks | 13519 |
following the adoption of the ordinance or resolution, the | 13520 |
legislative authority shall cause to be published in a newspaper | 13521 |
of general circulation in the municipal corporation or township or | 13522 |
as provided in section 7.16 of the Revised Code, a notice | 13523 |
explaining the tax and stating the rate of the tax, the date it | 13524 |
will take effect, and that persons subject to the tax must | 13525 |
register with the tax commissioner under section 5739.103 of the | 13526 |
Revised Code. | 13527 |
(D) No more than once a year, and subject to the rates | 13528 |
prescribed in division (B) of this section, the legislative | 13529 |
authority of the municipal corporation or township, by ordinance | 13530 |
or resolution, may increase or decrease the rate of a tax levied | 13531 |
under this section. The legislative authority, by ordinance or | 13532 |
resolution, at any time may repeal such a tax. The legislative | 13533 |
authority shall certify to the tax commissioner and treasurer of | 13534 |
state copies of the ordinance or resolution repealing or changing | 13535 |
the rate of the tax within five days after its adoption. In | 13536 |
addition, one time each week during the two weeks following the | 13537 |
adoption of the ordinance or resolution, the legislative authority | 13538 |
shall cause to be published in a newspaper of general circulation | 13539 |
in the municipal corporation or township or as provided in section | 13540 |
7.16 of the Revised Code, notice of the repeal or change. | 13541 |
Sec. 5747.451. (A) The mere retirement from business or | 13542 |
voluntary dissolution of a domestic or foreign qualifying entity | 13543 |
does not exempt it from the requirements to make reports as | 13544 |
required under sections 5747.42 to 5747.44 or to pay the taxes | 13545 |
imposed under section 5733.41 or 5747.41 of the Revised Code. If | 13546 |
any qualifying entity subject to the taxes imposed under section | 13547 |
5733.41 or 5747.41 of the Revised Code sells its business or stock | 13548 |
of merchandise or quits its business, the taxes required to be | 13549 |
paid prior to that time, together with any interest or penalty | 13550 |
thereon, become due and payable immediately, and the qualifying | 13551 |
entity shall make a final return within fifteen days after the | 13552 |
date of selling or quitting business. The successor of the | 13553 |
qualifying entity shall withhold a sufficient amount of the | 13554 |
purchase money to cover the amount of such taxes, interest, and | 13555 |
penalties due and unpaid until the qualifying entity produces a | 13556 |
receipt from the tax commissioner showing that the taxes, | 13557 |
interest, and penalties have been paid, or a certificate | 13558 |
indicating that no taxes are due. If the purchaser of the business | 13559 |
or stock of goods fails to withhold purchase money, the purchaser | 13560 |
is personally liable for the payment of the taxes, interest, and | 13561 |
penalties accrued and unpaid during the operation of the business | 13562 |
by the qualifying entity. If the amount of those taxes, interest, | 13563 |
and penalty unpaid at the time of the purchase exceeds the total | 13564 |
purchase money, the tax commissioner may adjust the qualifying | 13565 |
entity's liability for those taxes, interest, and penalty, or | 13566 |
adjust the responsibility of the purchaser to pay that liability, | 13567 |
in a manner calculated to maximize the collection of those | 13568 |
liabilities. | 13569 |
(B) Annually, on the last day of each qualifying taxable year | 13570 |
of a qualifying entity, the taxes imposed under section 5733.41 or | 13571 |
5747.41 of the Revised Code, together with any penalties | 13572 |
subsequently accruing thereon, become a lien on all property in | 13573 |
this state of the qualifying entity, whether such property is | 13574 |
employed by the qualifying entity in the prosecution of its | 13575 |
business or is in the hands of an assignee, trustee, or receiver | 13576 |
for the benefit of the qualifying entity's creditors and | 13577 |
investors. The lien shall continue until those taxes, together | 13578 |
with any penalties subsequently accruing, are paid. | 13579 |
Upon failure of such a qualifying entity to pay those taxes | 13580 |
on the day fixed for payment, the treasurer of state shall | 13581 |
thereupon notify the tax commissioner, and the commissioner may | 13582 |
file in the office of the county recorder in each county in this | 13583 |
state in which the qualifying entity owns or has a beneficial | 13584 |
interest in real estate, notice of the lien containing a brief | 13585 |
description of such real estate. No fee shall be charged for such | 13586 |
a filing. The lien is not valid as against any mortgagee, | 13587 |
purchaser, or judgment creditor whose rights have attached prior | 13588 |
to the time the notice is so filed in the county in which the real | 13589 |
estate which is the subject of such mortgage, purchase, or | 13590 |
judgment lien is located. The notice shall be recorded in a book | 13591 |
kept by the recorder, called the qualifying entity tax lien | 13592 |
record, and indexed under the name of the qualifying entity | 13593 |
charged with the tax. When the tax, together with any penalties | 13594 |
subsequently accruing thereon, have been paid, the tax | 13595 |
commissioner shall furnish to the qualifying entity an | 13596 |
acknowledgment of such payment that the qualifying entity may | 13597 |
record with the recorder of each county in which notice of such | 13598 |
lien has been filed, for which recording the recorder shall charge | 13599 |
and receive a fee of two dollars. | 13600 |
(C) In addition to all other remedies for the collection of | 13601 |
any taxes or penalties due under law, whenever any taxes, | 13602 |
interest, or penalties due from any qualifying entity under | 13603 |
section 5733.41 of the Revised Code or this chapter have remained | 13604 |
unpaid for a period of ninety days, or whenever any qualifying | 13605 |
entity has failed for a period of ninety days to make any report | 13606 |
or return required by law, or to pay any penalty for failure to | 13607 |
make or file such report or return, the attorney general, upon the | 13608 |
request of the tax commissioner, shall file a petition in the | 13609 |
court of common pleas in the county of the state in which such | 13610 |
qualifying entity has its principal place of business for a | 13611 |
judgment for the amount of the taxes, interest, or penalties | 13612 |
appearing to be due, the enforcement of any lien in favor of the | 13613 |
state, and an injunction to restrain such qualifying entity and | 13614 |
its officers, directors, and managing agents from the transaction | 13615 |
of any business within this state, other than such acts as are | 13616 |
incidental to liquidation or winding up, until the payment of such | 13617 |
taxes, interest, and penalties, and the costs of the proceeding | 13618 |
fixed by the court, or the making and filing of such report or | 13619 |
return. | 13620 |
The petition shall be in the name of the state. Any of the | 13621 |
qualifying entities having its principal places of business in the | 13622 |
county may be joined in one suit. On the motion of the attorney | 13623 |
general, the court of common pleas shall enter an order requiring | 13624 |
all defendants to answer by a day certain, and may appoint a | 13625 |
special master commissioner to take testimony, with such other | 13626 |
power and authority as the court confers, and permitting process | 13627 |
to be served by registered mail and by publication in a newspaper | 13628 |
of general circulation | 13629 |
need not be made more than once, setting forth the name of each | 13630 |
delinquent qualifying entity, the matter in which the qualifying | 13631 |
entity is delinquent, the names of its officers, directors, and | 13632 |
managing agents, if set forth in the petition, and the amount of | 13633 |
any taxes, fees, or penalties claimed to be owing by the | 13634 |
qualifying entity. | 13635 |
All or any of the trustees or other fiduciaries, officers, | 13636 |
directors, investors, beneficiaries, or managing agents of any | 13637 |
qualifying entity may be joined as defendants with the qualifying | 13638 |
entity. | 13639 |
If it appears to the court upon hearing that any qualifying | 13640 |
entity that is a party to the proceeding is indebted to the state | 13641 |
for taxes imposed under section 5733.41 or 5747.41 of the Revised | 13642 |
Code, or interest or penalties thereon, judgment shall be entered | 13643 |
therefor with interest; and if it appears that any qualifying | 13644 |
entity has failed to make or file any report or return, a | 13645 |
mandatory injunction may be issued against the qualifying entity, | 13646 |
its trustees or other fiduciaries, officers, directors, and | 13647 |
managing agents, enjoining them from the transaction of any | 13648 |
business within this state, other than acts incidental to | 13649 |
liquidation or winding up, until the making and filing of all | 13650 |
proper reports or returns and until the payment in full of all | 13651 |
taxes, interest, and penalties. | 13652 |
If the trustees or other fiduciaries, officers, directors, | 13653 |
investors, beneficiaries, or managing agents of a qualifying | 13654 |
entity are not made parties in the first instance, and a judgment | 13655 |
or an injunction is rendered or issued against the qualifying | 13656 |
entity, those officers, directors, investors, or managing agents | 13657 |
may be made parties to such proceedings upon the motion of the | 13658 |
attorney general, and, upon notice to them of the form and terms | 13659 |
of such injunction, they shall be bound thereby as fully as if | 13660 |
they had been made parties in the first instance. | 13661 |
In any action authorized by this division, a statement of the | 13662 |
tax commissioner, or the secretary of state, when duly certified, | 13663 |
shall be prima-facie evidence of the amount of taxes, interest, or | 13664 |
penalties due from any qualifying entity, or of the failure of any | 13665 |
qualifying entity to file with the commissioner or the secretary | 13666 |
of state any report required by law, and any such certificate of | 13667 |
the commissioner or the secretary of state may be required in | 13668 |
evidence in any such proceeding. | 13669 |
On the application of any defendant and for good cause shown, | 13670 |
the court may order a separate hearing of the issues as to any | 13671 |
defendant. | 13672 |
The costs of the proceeding shall be apportioned among the | 13673 |
parties as the court deems proper. | 13674 |
The court in such proceeding may make, enter, and enforce | 13675 |
such other judgments and orders and grant such other relief as is | 13676 |
necessary or incidental to the enforcement of the claims and lien | 13677 |
of the state. | 13678 |
In the performance of the duties enjoined upon the attorney | 13679 |
general by this division, the attorney general may direct any | 13680 |
prosecuting attorney to bring an action, as authorized by this | 13681 |
division, in the name of the state with respect to any delinquent | 13682 |
qualifying entities within the prosecuting attorney's county, and | 13683 |
like proceedings and orders shall be had as if such action were | 13684 |
instituted by the attorney general. | 13685 |
(D) If any qualifying entity fails to make and file the | 13686 |
reports or returns required under this chapter, or to pay the | 13687 |
penalties provided by law for failure to make and file such | 13688 |
reports or returns for a period of ninety days after the time | 13689 |
prescribed by this chapter, the attorney general, on the request | 13690 |
of the tax commissioner, shall commence an action in quo warranto | 13691 |
in the court of appeals of the county in which that qualifying | 13692 |
entity has its principal place of business to forfeit and annul | 13693 |
its privileges and franchises. If the court is satisfied that any | 13694 |
such qualifying entity is in default, it shall render judgment | 13695 |
ousting such qualifying entity from the exercise of its privileges | 13696 |
and franchises within this state, and shall otherwise proceed as | 13697 |
provided in sections 2733.02 to 2733.39 of the Revised Code. | 13698 |
Sec. 5748.02. (A) The board of education of any school | 13699 |
district, except a joint vocational school district, may declare, | 13700 |
by resolution, the necessity of raising annually a specified | 13701 |
amount of money for school district purposes. The resolution shall | 13702 |
specify whether the income that is to be subject to the tax is | 13703 |
taxable income of individuals and estates as defined in divisions | 13704 |
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 13705 |
taxable income of individuals as defined in division (E)(1)(b) of | 13706 |
that section. A copy of the resolution shall be certified to the | 13707 |
tax commissioner no later than eighty-five days prior to the date | 13708 |
of the election at which the board intends to propose a levy under | 13709 |
this section. Upon receipt of the copy of the resolution, the tax | 13710 |
commissioner shall estimate both of the following: | 13711 |
(1) The property tax rate that would have to be imposed in | 13712 |
the current year by the district to produce an equivalent amount | 13713 |
of money; | 13714 |
(2) The income tax rate that would have had to have been in | 13715 |
effect for the current year to produce an equivalent amount of | 13716 |
money from a school district income tax. | 13717 |
Within ten days of receiving the copy of the board's | 13718 |
resolution, the commissioner shall prepare these estimates and | 13719 |
certify them to the board. Upon receipt of the certification, the | 13720 |
board may adopt a resolution proposing an income tax under | 13721 |
division (B) of this section at the estimated rate contained in | 13722 |
the certification rounded to the nearest one-fourth of one per | 13723 |
cent. The commissioner's certification applies only to the board's | 13724 |
proposal to levy an income tax at the election for which the board | 13725 |
requested the certification. If the board intends to submit a | 13726 |
proposal to levy an income tax at any other election, it shall | 13727 |
request another certification for that election in the manner | 13728 |
prescribed in this division. | 13729 |
(B)(1) Upon the receipt of a certification from the tax | 13730 |
commissioner under division (A) of this section, a majority of the | 13731 |
members of a board of education may adopt a resolution proposing | 13732 |
the levy of an annual tax for school district purposes on school | 13733 |
district income. The proposed levy may be for a continuing period | 13734 |
of time or for a specified number of years. The resolution shall | 13735 |
set forth the purpose for which the tax is to be imposed, the rate | 13736 |
of the tax, which shall be the rate set forth in the | 13737 |
commissioner's certification rounded to the nearest one-fourth of | 13738 |
one per cent, the number of years the tax will be levied or that | 13739 |
it will be levied for a continuing period of time, the date on | 13740 |
which the tax shall take effect, which shall be the first day of | 13741 |
January of any year following the year in which the question is | 13742 |
submitted, and the date of the election at which the proposal | 13743 |
shall be submitted to the electors of the district, which shall be | 13744 |
on the date of a primary, general, or special election the date of | 13745 |
which is consistent with section 3501.01 of the Revised Code. The | 13746 |
resolution shall specify whether the income that is to be subject | 13747 |
to the tax is taxable income of individuals and estates as defined | 13748 |
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised | 13749 |
Code or taxable income of individuals as defined in division | 13750 |
(E)(1)(b) of that section. The specification shall be the same as | 13751 |
the specification in the resolution adopted and certified under | 13752 |
division (A) of this section. | 13753 |
If the tax is to be levied for current expenses and permanent | 13754 |
improvements, the resolution shall apportion the annual rate of | 13755 |
the tax. The apportionment may be the same or different for each | 13756 |
year the tax is levied, but the respective portions of the rate | 13757 |
actually levied each year for current expenses and for permanent | 13758 |
improvements shall be limited by the apportionment. | 13759 |
If the board of education currently imposes an income tax | 13760 |
pursuant to this chapter that is due to expire and a question is | 13761 |
submitted under this section for a proposed income tax to take | 13762 |
effect upon the expiration of the existing tax, the board may | 13763 |
specify in the resolution that the proposed tax renews the | 13764 |
expiring tax. Two or more expiring income taxes may be renewed | 13765 |
under this paragraph if the taxes are due to expire on the same | 13766 |
date. If the tax rate being proposed is no higher than the total | 13767 |
tax rate imposed by the expiring tax or taxes, the resolution may | 13768 |
state that the proposed tax is not an additional income tax. | 13769 |
(2) A board of education adopting a resolution under division | 13770 |
(B)(1) of this section proposing a school district income tax for | 13771 |
a continuing period of time and limited to the purpose of current | 13772 |
expenses may propose in that resolution to reduce the rate or | 13773 |
rates of one or more of the school district's property taxes | 13774 |
levied for a continuing period of time in excess of the ten-mill | 13775 |
limitation for the purpose of current expenses. The reduction in | 13776 |
the rate of a property tax may be any amount, expressed in mills | 13777 |
per one dollar in valuation, not exceeding the rate at which the | 13778 |
tax is authorized to be levied. The reduction in the rate of a tax | 13779 |
shall first take effect for the tax year that includes the day on | 13780 |
which the school district income tax first takes effect, and shall | 13781 |
continue for each tax year that both the school district income | 13782 |
tax and the property tax levy are in effect. | 13783 |
In addition to the matters required to be set forth in the | 13784 |
resolution under division (B)(1) of this section, a resolution | 13785 |
containing a proposal to reduce the rate of one or more property | 13786 |
taxes shall state for each such tax the maximum rate at which it | 13787 |
currently may be levied and the maximum rate at which the tax | 13788 |
could be levied after the proposed reduction, expressed in mills | 13789 |
per one dollar in valuation, and that the tax is levied for a | 13790 |
continuing period of time. | 13791 |
If a board of education proposes to reduce the rate of one or | 13792 |
more property taxes under division (B)(2) of this section, the | 13793 |
board, when it makes the certification required under division (A) | 13794 |
of this section, shall designate the specific levy or levies to be | 13795 |
reduced, the maximum rate at which each levy currently is | 13796 |
authorized to be levied, and the rate by which each levy is | 13797 |
proposed to be reduced. The tax commissioner, when making the | 13798 |
certification to the board under division (A) of this section, | 13799 |
also shall certify the reduction in the total effective tax rate | 13800 |
for current expenses for each class of property that would have | 13801 |
resulted if the proposed reduction in the rate or rates had been | 13802 |
in effect the previous tax year. As used in this paragraph, | 13803 |
"effective tax rate" has the same meaning as in section 323.08 of | 13804 |
the Revised Code. | 13805 |
(C) A resolution adopted under division (B) of this section | 13806 |
shall go into immediate effect upon its passage, and no | 13807 |
publication of the resolution shall be necessary other than that | 13808 |
provided for in the notice of election. Immediately after its | 13809 |
adoption and at least seventy-five days prior to the election at | 13810 |
which the question will appear on the ballot, a copy of the | 13811 |
resolution shall be certified to the board of elections of the | 13812 |
proper county, which shall submit the proposal to the electors on | 13813 |
the date specified in the resolution. The form of the ballot shall | 13814 |
be as provided in section 5748.03 of the Revised Code. Publication | 13815 |
of notice of the election shall be made in | 13816 |
a newspaper of general circulation in the county once a week for | 13817 |
two consecutive weeks, or as provided in section 7.16 of the | 13818 |
Revised Code, prior to the election | 13819 |
elections operates and maintains a web site, the board of | 13820 |
elections shall post notice of the election on its web site for | 13821 |
thirty days prior to the election. The notice shall contain the | 13822 |
time and place of the election and the question to be submitted to | 13823 |
the electors. The question covered by the resolution shall be | 13824 |
submitted as a separate proposition, but may be printed on the | 13825 |
same ballot with any other proposition submitted at the same | 13826 |
election, other than the election of officers. | 13827 |
(D) No board of education shall submit the question of a tax | 13828 |
on school district income to the electors of the district more | 13829 |
than twice in any calendar year. If a board submits the question | 13830 |
twice in any calendar year, one of the elections on the question | 13831 |
shall be held on the date of the general election. | 13832 |
(E)(1) No board of education may submit to the electors of | 13833 |
the district the question of a tax on school district income on | 13834 |
the taxable income of individuals as defined in division (E)(1)(b) | 13835 |
of section 5748.01 of the Revised Code if that tax would be in | 13836 |
addition to an existing tax on the taxable income of individuals | 13837 |
and estates as defined in divisions (E)(1)(a) and (2) of that | 13838 |
section. | 13839 |
(2) No board of education may submit to the electors of the | 13840 |
district the question of a tax on school district income on the | 13841 |
taxable income of individuals and estates as defined in divisions | 13842 |
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that | 13843 |
tax would be in addition to an existing tax on the taxable income | 13844 |
of individuals as defined in division (E)(1)(b) of that section. | 13845 |
Sec. 5748.021. A board of education that levies a tax under | 13846 |
section 5748.02 of the Revised Code on the school district income | 13847 |
of individuals and estates as defined in divisions (G) and | 13848 |
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may | 13849 |
declare, at any time, by a resolution adopted by a majority of its | 13850 |
members, the necessity of raising annually a specified amount of | 13851 |
money for school district purposes by replacing the existing tax | 13852 |
with a tax on the school district income of individuals as defined | 13853 |
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the | 13854 |
Revised Code. The specified amount of money to be raised annually | 13855 |
may be the same as, or more or less than, the amount of money | 13856 |
raised annually by the existing tax. | 13857 |
The board shall certify a copy of the resolution to the tax | 13858 |
commissioner not later than the eighty-fifth day before the date | 13859 |
of the election at which the board intends to propose the | 13860 |
replacement to the electors of the school district. Not later than | 13861 |
the tenth day after receiving the resolution, the tax commissioner | 13862 |
shall estimate the tax rate that would be required in the school | 13863 |
district annually to raise the amount of money specified in the | 13864 |
resolution. The tax commissioner shall certify the estimate to the | 13865 |
board. | 13866 |
Upon receipt of the tax commissioner's estimate, the board | 13867 |
may propose, by a resolution adopted by a majority of its members, | 13868 |
to replace the existing tax on the school district income of | 13869 |
individuals and estates as defined in divisions (G) and (E)(1)(a) | 13870 |
and (2) of section 5748.01 of the Revised Code with the levy of an | 13871 |
annual tax on the school district income of individuals as defined | 13872 |
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the | 13873 |
Revised Code. In the resolution, the board shall specify the rate | 13874 |
of the replacement tax, whether the replacement tax is to be | 13875 |
levied for a specified number of years or for a continuing time, | 13876 |
the specific school district purposes for which the replacement | 13877 |
tax is to be levied, the date on which the replacement tax will | 13878 |
begin to be levied, the date of the election at which the question | 13879 |
of the replacement is to be submitted to the electors of the | 13880 |
school district, that the existing tax will cease to be levied and | 13881 |
the replacement tax will begin to be levied if the replacement is | 13882 |
approved by a majority of the electors voting on the replacement, | 13883 |
and that if the replacement is not approved by a majority of the | 13884 |
electors voting on the replacement the existing tax will remain in | 13885 |
effect under its original authority for the remainder of its | 13886 |
previously approved term. The resolution goes into immediate | 13887 |
effect upon its adoption. Publication of the resolution is not | 13888 |
necessary, and the information that will be provided in the notice | 13889 |
of election is sufficient notice. At least seventy-five days | 13890 |
before the date of the election at which the question of the | 13891 |
replacement will be submitted to the electors of the school | 13892 |
district, the board shall certify a copy of the resolution to the | 13893 |
board of elections. | 13894 |
The replacement tax shall have the same specific school | 13895 |
district purposes as the existing tax, and its rate shall be the | 13896 |
same as the tax commissioner's estimate rounded to the nearest | 13897 |
one-fourth of one per cent. The replacement tax shall begin to be | 13898 |
levied on the first day of January of the year following the year | 13899 |
in which the question of the replacement is submitted to and | 13900 |
approved by the electors of the school district or on the first | 13901 |
day of January of a later year, as specified in the resolution. | 13902 |
The date of the election shall be the date of an otherwise | 13903 |
scheduled primary, general, or special election. | 13904 |
The board of elections shall make arrangements to submit the | 13905 |
question of the replacement to the electors of the school district | 13906 |
on the date specified in the resolution. The board of elections | 13907 |
shall publish notice of the election on the question of the | 13908 |
replacement in one | 13909 |
circulation in the school district once a week for four | 13910 |
consecutive weeks or as provided in section 7.16 of the Revised | 13911 |
Code. The notice shall set forth the question to be submitted to | 13912 |
the electors and the time and place of the election thereon. | 13913 |
The question shall be submitted to the electors of the school | 13914 |
district as a separate proposition, but may be printed on the same | 13915 |
ballot with other propositions that are submitted at the same | 13916 |
election, other than the election of officers. The form of the | 13917 |
ballot shall be substantially as follows: | 13918 |
"Shall the existing tax of ..... (state the rate) on the | 13919 |
school district income of individuals and estates imposed by ..... | 13920 |
(state the name of the school district) be replaced by a tax of | 13921 |
..... (state the rate) on the earned income of individuals | 13922 |
residing in the school district for ..... (state the number of | 13923 |
years the tax is to be in effect or that it will be in effect for | 13924 |
a continuing time), beginning ..... (state the date the new tax | 13925 |
will take effect), for the purpose of ..... (state the specific | 13926 |
school district purposes of the tax)? If the new tax is not | 13927 |
approved, the existing tax will remain in effect under its | 13928 |
original authority, for the remainder of its previously approved | 13929 |
term. | 13930 |
For replacing the existing tax with the new tax | 13931 | ||||
Against replacing the existing tax with the new tax | " | 13932 |
The board of elections shall conduct and canvass the election | 13933 |
in the same manner as regular elections in the school district for | 13934 |
the election of county officers. The board shall certify the | 13935 |
results of the election to the board of education and to the tax | 13936 |
commissioner. If a majority of the electors voting on the question | 13937 |
vote in favor of the replacement, the existing tax shall cease to | 13938 |
be levied, and the replacement tax shall begin to be levied, on | 13939 |
the date specified in the ballot question. If a majority of the | 13940 |
electors voting on the question vote against the replacement, the | 13941 |
existing tax shall continue to be levied under its original | 13942 |
authority, for the remainder of its previously approved term. | 13943 |
A board of education may not submit the question of replacing | 13944 |
a tax more than twice in a calendar year. If a board submits the | 13945 |
question more than once, one of the elections at which the | 13946 |
question is submitted shall be on the date of a general election. | 13947 |
If a board of education later intends to renew a replacement | 13948 |
tax levied under this section, it shall repeat the procedure | 13949 |
outlined in this section to do so, the replacement tax then being | 13950 |
levied being the "existing tax" and the renewed replacement tax | 13951 |
being the "replacement tax." | 13952 |
Sec. 5748.04. (A) The question of the repeal of a school | 13953 |
district income tax levied for more than five years may be | 13954 |
initiated not more than once in any five-year period by filing | 13955 |
with the board of elections of the appropriate counties not later | 13956 |
than seventy-five days before the general election in any year | 13957 |
after the year in which it is approved by the electors a petition | 13958 |
requesting that an election be held on the question. The petition | 13959 |
shall be signed by qualified electors residing in the school | 13960 |
district levying the income tax equal in number to ten per cent of | 13961 |
those voting for governor at the most recent gubernatorial | 13962 |
election. | 13963 |
The board of elections shall determine whether the petition | 13964 |
is valid, and if it so determines, it shall submit the question to | 13965 |
the electors of the district at the next general election. The | 13966 |
election shall be conducted, canvassed, and certified in the same | 13967 |
manner as regular elections for county offices in the county. | 13968 |
Notice of the election shall be published in a newspaper of | 13969 |
general circulation in the district once a week for two | 13970 |
consecutive weeks or as provided in section 7.16 of the Revised | 13971 |
Code, prior to the election | 13972 |
operates and maintains a web site, the board of elections shall | 13973 |
post notice of the election on its web site for thirty days prior | 13974 |
to the election. The notice shall state the purpose, time, and | 13975 |
place of the election. The form of the ballot cast at the election | 13976 |
shall be as follows: | 13977 |
"Shall the annual income tax of ..... per cent, currently | 13978 |
levied on the school district income of individuals and estates by | 13979 |
.......... (state the name of the school district) for the purpose | 13980 |
of .......... (state purpose of the tax), be repealed? | 13981 |
13982 |
For repeal of the income tax | 13983 | ||||
Against repeal of the income tax | " | 13984 |
13985 |
(B)(1) If the tax is imposed on taxable income as defined in | 13986 |
division (E)(1)(b) of section 5748.01 of the Revised Code, the | 13987 |
form of the ballot shall be modified by stating that the tax | 13988 |
currently is levied on the "earned income of individuals residing | 13989 |
in the school district" in lieu of the "school district income of | 13990 |
individuals and estates." | 13991 |
(2) If the rate of one or more property tax levies was | 13992 |
reduced for the duration of the income tax levy pursuant to | 13993 |
division (B)(2) of section 5748.02 of the Revised Code, the form | 13994 |
of the ballot shall be modified by adding the following language | 13995 |
immediately after "repealed": ", and shall the rate of an existing | 13996 |
tax on property for the purpose of current expenses, which rate | 13997 |
was reduced for the duration of the income tax, be INCREASED from | 13998 |
..... mills to ..... mills per one dollar of valuation beginning | 13999 |
in ..... (state the first year for which the rate of the property | 14000 |
tax will increase)." In lieu of "for repeal of the income tax" and | 14001 |
"against repeal of the income tax," the phrases "for the issue" | 14002 |
and "against the issue," respectively, shall be substituted. | 14003 |
(3) If the rate of more than one property tax was reduced for | 14004 |
the duration of the income tax, the ballot language shall be | 14005 |
modified accordingly to express the rates at which those taxes | 14006 |
currently are levied and the rates to which the taxes would be | 14007 |
increased. | 14008 |
(C) The question covered by the petition shall be submitted | 14009 |
as a separate proposition, but it may be printed on the same | 14010 |
ballot with any other proposition submitted at the same election | 14011 |
other than the election of officers. If a majority of the | 14012 |
qualified electors voting on the question vote in favor of it, the | 14013 |
result shall be certified immediately after the canvass by the | 14014 |
board of elections to the board of education of the school | 14015 |
district and the tax commissioner, who shall thereupon, after the | 14016 |
current year, cease to levy the tax, except that if notes have | 14017 |
been issued pursuant to section 5748.05 of the Revised Code the | 14018 |
tax commissioner shall continue to levy and collect under | 14019 |
authority of the election authorizing the levy an annual amount, | 14020 |
rounded upward to the nearest one-fourth of one per cent, as will | 14021 |
be sufficient to pay the debt charges on the notes as they fall | 14022 |
due. | 14023 |
(D) If a school district income tax repealed pursuant to this | 14024 |
section was approved in conjunction with a reduction in the rate | 14025 |
of one or more school district property taxes as provided in | 14026 |
division (B)(2) of section 5748.02 of the Revised Code, then each | 14027 |
such property tax may be levied after the current year at the rate | 14028 |
at which it could be levied prior to the reduction, subject to any | 14029 |
adjustments required by the county budget commission pursuant to | 14030 |
Chapter 5705. of the Revised Code. Upon the repeal of a school | 14031 |
district income tax under this section, the board of education may | 14032 |
resume levying a property tax, the rate of which has been reduced | 14033 |
pursuant to a question approved under section 5748.02 of the | 14034 |
Revised Code, at the rate the board originally was authorized to | 14035 |
levy the tax. A reduction in the rate of a property tax under | 14036 |
section 5748.02 of the Revised Code is a reduction in the rate at | 14037 |
which a board of education may levy that tax only for the period | 14038 |
during which a school district income tax is levied prior to any | 14039 |
repeal pursuant to this section. The resumption of the authority | 14040 |
to levy the tax upon such a repeal does not constitute a tax | 14041 |
levied in excess of the one per cent limitation prescribed by | 14042 |
Section 2 of Article XII, Ohio Constitution, or in excess of the | 14043 |
ten-mill limitation. | 14044 |
(E) This section does not apply to school district income tax | 14045 |
levies that are levied for five or fewer years. | 14046 |
Sec. 5748.08. (A) The board of education of a city, local, | 14047 |
or exempted village school district, at any time by a vote of | 14048 |
two-thirds of all its members, may declare by resolution that it | 14049 |
may be necessary for the school district to do all of the | 14050 |
following: | 14051 |
(1) Raise a specified amount of money for school district | 14052 |
purposes by levying an annual tax on school district income; | 14053 |
(2) Issue general obligation bonds for permanent | 14054 |
improvements, stating in the resolution the necessity and purpose | 14055 |
of the bond issue and the amount, approximate date, estimated rate | 14056 |
of interest, and maximum number of years over which the principal | 14057 |
of the bonds may be paid; | 14058 |
(3) Levy a tax outside the ten-mill limitation to pay debt | 14059 |
charges on the bonds and any anticipatory securities; | 14060 |
(4) Submit the question of the school district income tax and | 14061 |
bond issue to the electors of the district at a special election. | 14062 |
The resolution shall specify whether the income that is to be | 14063 |
subject to the tax is taxable income of individuals and estates as | 14064 |
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the | 14065 |
Revised Code or taxable income of individuals as defined in | 14066 |
division (E)(1)(b) of that section. | 14067 |
On adoption of the resolution, the board shall certify a copy | 14068 |
of it to the tax commissioner and the county auditor no later than | 14069 |
ninety days prior to the date of the special election at which the | 14070 |
board intends to propose the income tax and bond issue. Not later | 14071 |
than ten days of receipt of the resolution, the tax commissioner, | 14072 |
in the same manner as required by division (A) of section 5748.02 | 14073 |
of the Revised Code, shall estimate the rates designated in | 14074 |
divisions (A)(1) and (2) of that section and certify them to the | 14075 |
board. Not later than ten days of receipt of the resolution, the | 14076 |
county auditor shall estimate and certify to the board the average | 14077 |
annual property tax rate required throughout the stated maturity | 14078 |
of the bonds to pay debt charges on the bonds, in the same manner | 14079 |
as under division (C) of section 133.18 of the Revised Code. | 14080 |
(B) On receipt of the tax commissioner's and county auditor's | 14081 |
certifications prepared under division (A) of this section, the | 14082 |
board of education of the city, local, or exempted village school | 14083 |
district, by a vote of two-thirds of all its members, may adopt a | 14084 |
resolution proposing for a specified number of years or for a | 14085 |
continuing period of time the levy of an annual tax for school | 14086 |
district purposes on school district income and declaring that the | 14087 |
amount of taxes that can be raised within the ten-mill limitation | 14088 |
will be insufficient to provide an adequate amount for the present | 14089 |
and future requirements of the school district; that it is | 14090 |
necessary to issue general obligation bonds of the school district | 14091 |
for specified permanent improvements and to levy an additional tax | 14092 |
in excess of the ten-mill limitation to pay the debt charges on | 14093 |
the bonds and any anticipatory securities; and that the question | 14094 |
of the bonds and taxes shall be submitted to the electors of the | 14095 |
school district at a special election, which shall not be earlier | 14096 |
than seventy-five days after certification of the resolution to | 14097 |
the board of elections, and the date of which shall be consistent | 14098 |
with section 3501.01 of the Revised Code. The resolution shall | 14099 |
specify all of the following: | 14100 |
(1) The purpose for which the school district income tax is | 14101 |
to be imposed and the rate of the tax, which shall be the rate set | 14102 |
forth in the tax commissioner's certification rounded to the | 14103 |
nearest one-fourth of one per cent; | 14104 |
(2) Whether the income that is to be subject to the tax is | 14105 |
taxable income of individuals and estates as defined in divisions | 14106 |
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 14107 |
taxable income of individuals as defined in division (E)(1)(b) of | 14108 |
that section. The specification shall be the same as the | 14109 |
specification in the resolution adopted and certified under | 14110 |
division (A) of this section. | 14111 |
(3) The number of years the tax will be levied, or that it | 14112 |
will be levied for a continuing period of time; | 14113 |
(4) The date on which the tax shall take effect, which shall | 14114 |
be the first day of January of any year following the year in | 14115 |
which the question is submitted; | 14116 |
(5) The county auditor's estimate of the average annual | 14117 |
property tax rate required throughout the stated maturity of the | 14118 |
bonds to pay debt charges on the bonds. | 14119 |
(C) A resolution adopted under division (B) of this section | 14120 |
shall go into immediate effect upon its passage, and no | 14121 |
publication of the resolution shall be necessary other than that | 14122 |
provided for in the notice of election. Immediately after its | 14123 |
adoption and at least seventy-five days prior to the election at | 14124 |
which the question will appear on the ballot, the board of | 14125 |
education shall certify a copy of the resolution, along with | 14126 |
copies of the auditor's estimate and its resolution under division | 14127 |
(A) of this section, to the board of elections of the proper | 14128 |
county. The board of education shall make the arrangements for the | 14129 |
submission of the question to the electors of the school district, | 14130 |
and the election shall be conducted, canvassed, and certified in | 14131 |
the same manner as regular elections in the district for the | 14132 |
election of county officers. | 14133 |
The resolution shall be put before the electors as one ballot | 14134 |
question, with a majority vote indicating approval of the school | 14135 |
district income tax, the bond issue, and the levy to pay debt | 14136 |
charges on the bonds and any anticipatory securities. The board of | 14137 |
elections shall publish the notice of the election in one | 14138 |
14139 | |
once a week for two consecutive weeks or as provided in section | 14140 |
7.16 of the Revised Code, prior to the election | 14141 |
board of elections operates and maintains a web site, it also | 14142 |
shall post notice of the election on its web site for thirty days | 14143 |
prior to the election. The notice of election shall state all of | 14144 |
the following: | 14145 |
(1) The questions to be submitted to the electors; | 14146 |
(2) The rate of the school district income tax; | 14147 |
(3) The principal amount of the proposed bond issue; | 14148 |
(4) The permanent improvements for which the bonds are to be | 14149 |
issued; | 14150 |
(5) The maximum number of years over which the principal of | 14151 |
the bonds may be paid; | 14152 |
(6) The estimated additional average annual property tax rate | 14153 |
to pay the debt charges on the bonds, as certified by the county | 14154 |
auditor; | 14155 |
(7) The time and place of the special election. | 14156 |
(D) The form of the ballot on a question submitted to the | 14157 |
electors under this section shall be as follows: | 14158 |
"Shall the ........ school district be authorized to do both | 14159 |
of the following: | 14160 |
(1) Impose an annual income tax of ...... (state the proposed | 14161 |
rate of tax) on the school district income of individuals and of | 14162 |
estates, for ........ (state the number of years the tax would be | 14163 |
levied, or that it would be levied for a continuing period of | 14164 |
time), beginning ........ (state the date the tax would first take | 14165 |
effect), for the purpose of ........ (state the purpose of the | 14166 |
tax)? | 14167 |
(2) Issue bonds for the purpose of ....... in the principal | 14168 |
amount of $......, to be repaid annually over a maximum period of | 14169 |
....... years, and levy a property tax outside the ten-mill | 14170 |
limitation estimated by the county auditor to average over the | 14171 |
bond repayment period ....... mills for each one dollar of tax | 14172 |
valuation, which amounts to ....... (rate expressed in cents or | 14173 |
dollars and cents, such as "36 cents" or "$1.41") for each $100 of | 14174 |
tax valuation, to pay the annual debt charges on the bonds, and to | 14175 |
pay debt charges on any notes issued in anticipation of those | 14176 |
bonds? | 14177 |
14178 |
FOR THE INCOME TAX AND BOND ISSUE | 14179 | ||||
AGAINST THE INCOME TAX AND BOND ISSUE | " | 14180 |
14181 |
(E) If the question submitted to electors proposes a school | 14182 |
district income tax only on the taxable income of individuals as | 14183 |
defined in division (E)(1)(b) of section 5748.01 of the Revised | 14184 |
Code, the form of the ballot shall be modified by stating that the | 14185 |
tax is to be levied on the "earned income of individuals residing | 14186 |
in the school district" in lieu of the "school district income of | 14187 |
individuals and of estates." | 14188 |
(F) The board of elections promptly shall certify the results | 14189 |
of the election to the tax commissioner and the county auditor of | 14190 |
the county in which the school district is located. If a majority | 14191 |
of the electors voting on the question vote in favor of it, the | 14192 |
income tax and the applicable provisions of Chapter 5747. of the | 14193 |
Revised Code shall take effect on the date specified in the | 14194 |
resolution, and the board of education may proceed with issuance | 14195 |
of the bonds and with the levy and collection of the property | 14196 |
taxes to pay debt charges on the bonds, at the additional rate or | 14197 |
any lesser rate in excess of the ten-mill limitation. Any | 14198 |
securities issued by the board of education under this section are | 14199 |
Chapter 133. securities, as that term is defined in section 133.01 | 14200 |
of the Revised Code. | 14201 |
(G) After approval of a question under this section, the | 14202 |
board of education may anticipate a fraction of the proceeds of | 14203 |
the school district income tax in accordance with section 5748.05 | 14204 |
of the Revised Code. Any anticipation notes under this division | 14205 |
shall be issued as provided in section 133.24 of the Revised Code, | 14206 |
shall have principal payments during each year after the year of | 14207 |
their issuance over a period not to exceed five years, and may | 14208 |
have a principal payment in the year of their issuance. | 14209 |
(H) The question of repeal of a school district income tax | 14210 |
levied for more than five years may be initiated and submitted in | 14211 |
accordance with section 5748.04 of the Revised Code. | 14212 |
(I) No board of education shall submit a question under this | 14213 |
section to the electors of the school district more than twice in | 14214 |
any calendar year. If a board submits the question twice in any | 14215 |
calendar year, one of the elections on the question shall be held | 14216 |
on the date of the general election. | 14217 |
Sec. 6101.16. When it is determined to let the work relating | 14218 |
to the improvements for which a conservancy district was | 14219 |
established by contract, contracts in amounts to exceed | 14220 |
twenty-five thousand dollars shall be advertised after notice | 14221 |
calling for bids has been published once a week for two | 14222 |
consecutive weeks or as provided in section 7.16 of the Revised | 14223 |
Code, with the last publication to occur at least eight days prior | 14224 |
to the date on which bids will be accepted, in a newspaper of | 14225 |
general circulation within the conservancy district where the work | 14226 |
is to be done. If the bids are for a contract for the | 14227 |
construction, demolition, alteration, repair, or reconstruction of | 14228 |
an improvement, the board of directors of the conservancy district | 14229 |
may let the contract to the lowest responsive and most responsible | 14230 |
bidder who meets the requirements of section 153.54 of the Revised | 14231 |
Code. If the bids are for a contract for any other work relating | 14232 |
to the improvements for which a conservancy district was | 14233 |
established, the board of directors of the district may let the | 14234 |
contract to the lowest responsive and most responsible bidder who | 14235 |
gives a good and approved bond, with ample security, conditioned | 14236 |
on the carrying out of the contract. The contract shall be in | 14237 |
writing and shall be accompanied by or refer to plans and | 14238 |
specifications for the work to be done prepared by the chief | 14239 |
engineer. The plans and specifications shall at all times be made | 14240 |
and considered a part of the contract. The contract shall be | 14241 |
approved by the board and signed by the president of the board and | 14242 |
by the contractor and shall be executed in duplicate. In case of | 14243 |
sudden emergency when it is necessary in order to protect the | 14244 |
district, the advertising of contracts may be waived upon the | 14245 |
consent of the board, with the approval of the court or a judge of | 14246 |
the court of common pleas of the county in which the office of the | 14247 |
district is located. | 14248 |
Sec. 6103.05. (A) After the establishment of any county | 14249 |
sewer district, the board of county commissioners, if a water | 14250 |
supply improvement is to be undertaken, may have the county | 14251 |
sanitary engineer prepare, or otherwise cause to be prepared, for | 14252 |
the district, or revise as needed, a general plan of water supply | 14253 |
that is as complete as can be developed at the time. After the | 14254 |
general plan, in original or revised form, has been approved by | 14255 |
the board, it may adopt a resolution generally describing the | 14256 |
water supply improvement that is necessary to be acquired or | 14257 |
constructed in accordance with the plan, declaring that the | 14258 |
improvement is necessary for the preservation and promotion of the | 14259 |
public health and welfare, and determining whether or not special | 14260 |
assessments are to be levied and collected to pay any part of the | 14261 |
cost of the improvement. | 14262 |
(B) If special assessments are not to be levied and collected | 14263 |
to pay any part of the cost of the improvement, the board, in the | 14264 |
resolution provided for in division (A) of this section or in a | 14265 |
subsequent resolution, including a resolution authorizing the | 14266 |
issuance or incurrence of public obligations for the improvement, | 14267 |
may authorize the improvement and the expenditure of the funds | 14268 |
required for its acquisition or construction and may proceed with | 14269 |
the improvement without regard to the procedures otherwise | 14270 |
required by divisions (C), (D), and (E) of this section and by | 14271 |
sections 6103.06, 6103.07, and 6117.09 to 6117.24 of the Revised | 14272 |
Code. Those procedures shall be required only for improvements for | 14273 |
which special assessments are to be levied and collected. | 14274 |
(C) If special assessments are to be levied and collected | 14275 |
pursuant to a determination made in the resolution provided for in | 14276 |
division (A) of this section or in a subsequent resolution, the | 14277 |
procedures referred to in division (B) of this section as being | 14278 |
required for that purpose shall apply, and the board may have the | 14279 |
county sanitary engineer prepare, or otherwise cause to be | 14280 |
prepared, detailed plans, specifications, and an estimate of cost | 14281 |
for the improvement, together with a tentative assessment of the | 14282 |
cost based on the estimate. The tentative assessment shall be for | 14283 |
the information of property owners and shall not be levied or | 14284 |
certified to the county auditor for collection. The detailed | 14285 |
plans, specifications, estimate of cost, and tentative assessment, | 14286 |
if approved by the board, shall be carefully preserved in the | 14287 |
office of the board or the county sanitary engineer and shall be | 14288 |
open to the inspection of all persons interested in the | 14289 |
improvement. | 14290 |
(D) After the board's approval of the detailed plans, | 14291 |
specifications, estimate of cost, and tentative assessment, and at | 14292 |
least twenty-four days before adopting a resolution pursuant to | 14293 |
division (E) of this section, the board, except to the extent that | 14294 |
appropriate waivers of notice are obtained from affected owners, | 14295 |
shall cause to be sent a notice of its intent to adopt a | 14296 |
resolution to each owner of property proposed to be assessed that | 14297 |
is listed on the records of the county auditor for current | 14298 |
agricultural use value taxation pursuant to section 5713.31 of the | 14299 |
Revised Code and that is not located in an agricultural district | 14300 |
established under section 929.02 of the Revised Code. The notice | 14301 |
shall satisfy all of the following: | 14302 |
(1) Be sent by first class or certified mail; | 14303 |
(2) Specify the proposed date of the adoption of the | 14304 |
resolution; | 14305 |
(3) Contain a statement that the improvement will be financed | 14306 |
in whole or in part by special assessments and that all properties | 14307 |
not located in an agricultural district established pursuant to | 14308 |
section 929.02 of the Revised Code may be subject to a special | 14309 |
assessment; | 14310 |
(4) Contain a statement that an agricultural district may be | 14311 |
established by filing an application with the county auditor. | 14312 |
If it appears, by the return of the mailed notices or by | 14313 |
other means, that one or more of the affected owners cannot be | 14314 |
found or are not served by the mailed notice, the board shall | 14315 |
cause the notice to be published once in a newspaper of general | 14316 |
circulation in the county not later than ten days before the | 14317 |
adoption of the resolution. | 14318 |
(E) After complying with divisions (A), (C), and (D) of this | 14319 |
section, the board may adopt a resolution declaring that the | 14320 |
improvement, which shall be described as to its nature and its | 14321 |
location, route, and termini, is necessary for the preservation | 14322 |
and promotion of the public health and welfare, referring to the | 14323 |
plans, specifications, estimate of cost, and tentative assessment, | 14324 |
stating the place where they are on file and may be examined, and | 14325 |
providing that the entire cost or a lesser designated part of the | 14326 |
cost will be specially assessed against the benefited properties | 14327 |
within the district and that any balance will be paid by the | 14328 |
county at large from other available funds. The resolution also | 14329 |
shall contain a description of the boundaries of that part of the | 14330 |
district to be assessed and shall designate a time and place for | 14331 |
objections to the improvement, to the tentative assessment, or to | 14332 |
the boundaries of the assessment district to be heard by the | 14333 |
board. The date of that hearing shall be not less than twenty-four | 14334 |
days after the date of the first publication of the notice of the | 14335 |
hearing required by this division. | 14336 |
The board shall cause a notice of the hearing to be published | 14337 |
once a week for two consecutive weeks in a newspaper of general | 14338 |
circulation in the county or as provided in section 7.16 of the | 14339 |
Revised Code, and on or before the date of the second publication, | 14340 |
it shall cause to be sent by first class or certified mail a copy | 14341 |
of the notice to every owner of property to be assessed for the | 14342 |
improvement whose address is known. | 14343 |
The notice shall set forth the time and place of the hearing, | 14344 |
a summary description of the proposed improvement, including its | 14345 |
general route and termini, a summary description of the area | 14346 |
constituting the assessment district, and the place where the | 14347 |
plans, specifications, estimate of cost, and tentative assessment | 14348 |
are on file and may be examined. Each mailed notice also shall | 14349 |
include a statement that the property of the addressee will be | 14350 |
assessed for the improvement. The notice also shall be sent by | 14351 |
first class or certified mail, on or before the date of the second | 14352 |
publication, to the clerk, or the official discharging the duties | 14353 |
of a clerk, of any municipal corporation any part of which lies | 14354 |
within the assessment district and shall state whether or not any | 14355 |
property belonging to the municipal corporation is to be assessed | 14356 |
and, if so, shall identify that property. | 14357 |
At the hearing, or at any adjournment of the hearing, of | 14358 |
which no further published or mailed notice need be given, the | 14359 |
board shall hear all parties whose properties are proposed to be | 14360 |
assessed. Written objections to or endorsements of the proposed | 14361 |
improvement, its character and termini, the boundaries of the | 14362 |
assessment district, or the tentative assessment shall be received | 14363 |
by the board for a period of five days after the completion of the | 14364 |
hearing, and no action shall be taken by the board in the matter | 14365 |
until after that period has elapsed. The minutes of the hearing | 14366 |
shall be entered on the journal of the board showing the persons | 14367 |
who appear in person or by attorney, and all written objections | 14368 |
shall be preserved and filed in the office of the board. | 14369 |
Sec. 6103.06. After the expiration of the period of five | 14370 |
days provided in section 6103.05 of the Revised Code for the | 14371 |
filing of written objections, the board of county commissioners | 14372 |
shall determine whether it will proceed with the construction of | 14373 |
the proposed improvement. If it decides to proceed therewith, the | 14374 |
board shall ratify or amend the plans for the improvement, the | 14375 |
character and termini thereof, the boundaries of the assessment | 14376 |
district, and the tentative assessment, and may cause such | 14377 |
revision of plans, boundaries, or assessments as is necessary to | 14378 |
be made by the county sanitary engineer. If the boundaries of the | 14379 |
assessment district are amended so as to include any property not | 14380 |
included within the boundaries as established by the resolution of | 14381 |
necessity, provided for in section 6103.05 of the Revised Code, | 14382 |
the owners of all such property shall be notified by mail if their | 14383 |
addresses are known, and notice shall be published once a week for | 14384 |
two consecutive weeks in a newspaper of general circulation within | 14385 |
the county or as provided in section 7.16 of the Revised Code, | 14386 |
that such amendments have been adopted and that a hearing will be | 14387 |
given by the board at a time and place stated in such notice at | 14388 |
which all persons interested will be heard by the board. The date | 14389 |
of such hearing shall be not less than twenty-four days after the | 14390 |
first publication of such notice, and the hearing shall be | 14391 |
conducted and records kept in the same manner as the first | 14392 |
hearing. Five days shall be allowed for the filing of written | 14393 |
objections as provided in section 6103.05 of the Revised Code for | 14394 |
the first hearing and after the expiration of such five day period | 14395 |
the board shall ratify the plans for the improvement, the | 14396 |
character and termini thereof, the boundaries of the assessment | 14397 |
district, and the tentative assessment, or shall further amend the | 14398 |
same. If the boundaries of the assessment district are amended so | 14399 |
as to include any property not included in the assessment district | 14400 |
as originally established or previously amended, further notice | 14401 |
and hearing shall be given to the owners of such property in the | 14402 |
same manner as for the first amendment of such boundaries, and the | 14403 |
same procedure shall be repeated until all property owners | 14404 |
affected have been given an opportunity to be heard. If the owners | 14405 |
of all property added to an assessment district by amendment of | 14406 |
the original boundaries thereof waive objection to such amendment | 14407 |
in writing, no further notice or hearing shall be given. After the | 14408 |
board has ratified the plans for the improvement, the character | 14409 |
and termini thereof, the boundaries of the assessment district, | 14410 |
and the tentative assessment, either as originally presented or as | 14411 |
amended, and if it decides to proceed therewith, the board shall | 14412 |
adopt a resolution, to be known as the improvement resolution. | 14413 |
Said improvement resolution shall declare the determination of | 14414 |
such board to proceed with the construction of the improvement | 14415 |
provided for in the resolution of necessity, in accordance with | 14416 |
the plans and specification provided for such improvement, as | 14417 |
ratified or amended, and whether bonds or certificates of | 14418 |
indebtedness shall be issued in anticipation of the collection of | 14419 |
special assessments, or that money in the county treasury | 14420 |
unappropriated for any other purpose shall be appropriated to pay | 14421 |
for said improvement. | 14422 |
Sec. 6103.081. (A) After the establishment of any county | 14423 |
sewer district, the board of county commissioners may determine by | 14424 |
resolution that it is necessary to provide water supply | 14425 |
improvements and to maintain and operate the improvements within | 14426 |
the district or a designated portion of the district, that the | 14427 |
improvements, which shall be generally described in the | 14428 |
resolution, shall be constructed, that funds are required to pay | 14429 |
the preliminary costs of the improvements to be incurred prior to | 14430 |
the commencement of the proceedings for their construction, and | 14431 |
that those funds shall be provided in accordance with this | 14432 |
section. | 14433 |
(B) Prior to the adoption of the resolution, the board shall | 14434 |
give notice of its pendency and of the proposed determination of | 14435 |
the necessity of the improvements generally described in the | 14436 |
resolution. The notice shall set forth a description of the | 14437 |
properties to be benefited by the improvements and the time and | 14438 |
place of a hearing of objections to and endorsements of the | 14439 |
improvements. The notice shall be given either by publication in a | 14440 |
newspaper of general circulation in the county once a week for two | 14441 |
consecutive weeks, by publication as provided in section 7.16 of | 14442 |
the Revised Code, or by mailing a copy of the notice by first | 14443 |
class or certified mail to the owners of the properties proposed | 14444 |
to be assessed at their respective tax mailing addresses, or by | 14445 |
14446 | |
made or the mailing to occur at least two weeks prior to the date | 14447 |
set for the hearing. At the hearing, or at any adjournment of the | 14448 |
hearing, of which no further published or mailed notice need be | 14449 |
given, the board shall hear all persons whose properties are | 14450 |
proposed to be assessed and the evidence it considers to be | 14451 |
necessary. The board then shall determine the necessity of the | 14452 |
proposed improvements and whether the improvements shall be made | 14453 |
by the board and, if they are to be made, shall direct the | 14454 |
preparation of tentative assessments upon the benefited properties | 14455 |
and by whom they shall be prepared. | 14456 |
(C) In order to obtain funds for the preparation of a general | 14457 |
or revised general plan of water supply for the district or part | 14458 |
of the district, for the preparation of the detailed plans, | 14459 |
specifications, estimate of cost, and tentative assessment for the | 14460 |
proposed improvements, and for the cost of financing and legal | 14461 |
services incident to the preparation of all of those plans and a | 14462 |
plan of financing the proposed improvements, the board may levy | 14463 |
upon the properties to be benefited in the district a preliminary | 14464 |
assessment apportioned according to benefits or to tax valuation | 14465 |
or partly by one method and partly by the other method as the | 14466 |
board may determine. The assessments shall be in the amount | 14467 |
determined to be necessary to obtain funds for the general and | 14468 |
detailed plans and the cost of financing and legal services and | 14469 |
shall be payable in the number of years that the board shall | 14470 |
determine, not to exceed twenty years, together with interest on | 14471 |
any public obligations that may be issued or incurred in | 14472 |
anticipation of the collection of the assessments. | 14473 |
(D) The board shall have power at any time to levy additional | 14474 |
assessments according to benefits or to tax valuation or partly by | 14475 |
one method and partly by the other method as the board may | 14476 |
determine for the purposes described in division (C) of this | 14477 |
section upon the benefited properties to complete the payment of | 14478 |
the costs described in division (C) of this section or to pay the | 14479 |
cost of any additional plans, specifications, estimate of cost, or | 14480 |
tentative assessment and the cost of financing and legal services | 14481 |
incident to the preparation of those plans and the plan of | 14482 |
financing, which additional assessments shall be payable in the | 14483 |
number of years that the board shall determine, not to exceed | 14484 |
twenty years, together with interest on any public obligations | 14485 |
that may be issued or incurred in anticipation of the collection | 14486 |
of the additional assessments. | 14487 |
(E) Prior to the adoption of a resolution levying assessments | 14488 |
under this section, the board shall give notice either by one | 14489 |
publication in a newspaper of general circulation in the county, | 14490 |
or by mailing a copy of the notice by first class or certified | 14491 |
mail to the owners of the properties proposed to be assessed at | 14492 |
their respective tax mailing addresses, or by both manners, the | 14493 |
publication to be made or the mailing to occur at least ten days | 14494 |
prior to the date of the meeting at which the resolution shall be | 14495 |
taken up for consideration; that notice shall state the time and | 14496 |
place of the meeting at which the resolution is to be considered. | 14497 |
At the time and place of the meeting, or at any adjournment of the | 14498 |
meeting, of which no further published or mailed notice need be | 14499 |
given, the board shall hear all persons whose properties are | 14500 |
proposed to be assessed, shall correct any errors and make any | 14501 |
revisions that appear to be necessary or just, and then may adopt | 14502 |
a resolution levying upon the properties determined to be | 14503 |
benefited the assessments as so corrected and revised. | 14504 |
The assessments levied by the resolution shall be certified | 14505 |
to the county auditor for collection in the same manner as taxes | 14506 |
in the year or years in which they are payable. | 14507 |
(F) Upon the adoption of the resolution described in division | 14508 |
(E) of this section, no further action shall be taken or work done | 14509 |
until ten days have elapsed. If, at the expiration of that period, | 14510 |
no appeal has been effected by any property owner as provided in | 14511 |
this division, the action of the board shall be final. If, at the | 14512 |
end of that ten days, any owner of property to be assessed for the | 14513 |
improvements has effected an appeal, no further action shall be | 14514 |
taken and no work done in connection with the improvements under | 14515 |
the resolution until the matters appealed from have been disposed | 14516 |
of in court. | 14517 |
Any owner of property to be assessed may appeal as provided | 14518 |
and upon the grounds stated in sections 6117.09 to 6117.24 of the | 14519 |
Revised Code. | 14520 |
If no appeal has been perfected or if on appeal the | 14521 |
resolution of the board is sustained, the board may authorize and | 14522 |
enter into contracts to carry out the purpose for which the | 14523 |
assessments have been levied without the prior issuance of notes, | 14524 |
provided that the payments under those contracts do not fall due | 14525 |
prior to the time by which the assessments are to be collected. | 14526 |
The board may issue and sell bonds with a maximum maturity of | 14527 |
twenty years in anticipation of the collection of the assessments | 14528 |
and may issue notes in anticipation of the issuance of the bonds, | 14529 |
which notes and bonds, as public obligations, shall be issued and | 14530 |
sold as provided in Chapter 133. of the Revised Code. | 14531 |
Sec. 6103.31. (A) If the board of county commissioners | 14532 |
determines by resolution that the best interests of the county and | 14533 |
the users of water supply facilities of the county serving a sewer | 14534 |
district so require, the board may sell or otherwise dispose of | 14535 |
the facilities to another public agency or a person. The | 14536 |
resolution declaring the necessity of that disposition shall | 14537 |
recite the reasons for the sale or other disposition and shall | 14538 |
establish any conditions or terms that the board may impose, | 14539 |
including, but not limited to, a minimum sales price if a sale is | 14540 |
proposed, a requirement for the submission by bidders of the | 14541 |
schedule of water rates and charges initially proposed to be paid | 14542 |
by the users of the facilities, and other pertinent conditions or | 14543 |
terms relating to the sale or other disposition. The resolution | 14544 |
also shall designate a time and place for the hearing of | 14545 |
objections to the sale or other disposition by the board. Notice | 14546 |
of the adoption of the resolution and the time and place of the | 14547 |
hearing shall be published as provided in section 7.16 of the | 14548 |
Revised Code, or once a week for two consecutive weeks, in a | 14549 |
newspaper of general circulation in the sewer district and in the | 14550 |
county. The public hearing on the sale or other disposition shall | 14551 |
be held not less than twenty-four days following the date of first | 14552 |
publication of the notice. A copy of the notice also shall be sent | 14553 |
by first class or certified mail, on or before the date of the | 14554 |
second publication, to any public agency within the area served by | 14555 |
the facilities. At the public hearing, or at any adjournment of | 14556 |
it, of which no further published or mailed notice need be given, | 14557 |
the board shall hear all interested parties. A period of five days | 14558 |
shall be given following the completion of the hearing for the | 14559 |
filing of written objections by any interested persons or public | 14560 |
agencies to the sale or other disposition, after which the board | 14561 |
shall consider any objections and by resolution determine whether | 14562 |
or not to proceed with the sale or other disposition. If the board | 14563 |
determines to proceed with the sale or other disposition, it shall | 14564 |
receive bids after advertising once a week for four consecutive | 14565 |
weeks in a newspaper of general circulation in the county or as | 14566 |
provided in section 7.16 of the Revised Code and, subject to the | 14567 |
right of the board to reject any or all bids, may make an award to | 14568 |
a responsible bidder whose proposal is determined by the board to | 14569 |
be in the best interests of the county and the users of the | 14570 |
facilities. | 14571 |
(B) A conveyance of water supply facilities by a county to a | 14572 |
municipal corporation, in accordance with division (B) of section | 14573 |
6103.04 of the Revised Code, may be made without regard to | 14574 |
division (A) of this section. | 14575 |
Sec. 6105.131. The board of directors of a watershed | 14576 |
district may designate a specific reach in the channel of any | 14577 |
watercourse within the territorial boundaries of the district as a | 14578 |
restricted channel, when the construction or alteration of | 14579 |
structures or obstructions within such channel will restrict its | 14580 |
capacity so as to constitute an unreasonable hazard to the safety | 14581 |
of life and property in times of flood, or designate any area | 14582 |
outside the banks of a restricted channel as a restricted floodway | 14583 |
when such area is reasonably necessary to the efficiency of a | 14584 |
restricted channel as a means of carrying off flood waters. Such | 14585 |
designation of a restricted channel or restricted floodway shall | 14586 |
be made in the following manner: | 14587 |
(A) The board shall adopt a resolution stating its intent to | 14588 |
designate a specific reach in a channel of a watercourse as a | 14589 |
restricted channel or a specific area as a restricted floodway. | 14590 |
Such resolution shall contain a description of the reach of the | 14591 |
channel to be designated as a restricted channel or description of | 14592 |
the area to be designated as a restricted floodway and the reasons | 14593 |
of the board for making such designation. | 14594 |
(B) The board shall cause such resolution to be published as | 14595 |
provided in section 7.16 of the Revised Code or once a week for | 14596 |
two consecutive weeks in a newspaper of general circulation in the | 14597 |
county or counties in which such restricted channel or restricted | 14598 |
floodway is located, together with a notice of the time and place | 14599 |
where a hearing will be held by the board on the question of | 14600 |
designating such channel as a restricted channel or such area as a | 14601 |
restricted floodway | 14602 |
ten days notice of said hearing by first class mail to all owners | 14603 |
of property within the area proposed to be designated as a | 14604 |
restricted floodway. The date of such hearing shall be not less | 14605 |
than ten days after the completion of the publication provided for | 14606 |
by this division. | 14607 |
(C) The board shall hold a hearing at the time and place | 14608 |
designated in the notice published under division (B) of this | 14609 |
section at which time indorsements of and objections to the | 14610 |
designation of such channel as a restricted channel or such area | 14611 |
as a restricted floodway shall be heard. | 14612 |
(D) The board may, after the completion of the hearing under | 14613 |
division (C) of this section and after finding that the | 14614 |
construction or alteration of structures or obstructions or | 14615 |
relocation, alteration, restriction, deposit, or encroachment | 14616 |
within the designated reach of such channel will restrict its | 14617 |
capacity so as to constitute an unreasonable hazard to the safety | 14618 |
of life and property in times of flood, adopt a resolution | 14619 |
designating the reach of the channel described in the resolution | 14620 |
of intent adopted under division (A) of this section or any | 14621 |
modification thereof as a restricted channel. | 14622 |
(E) In like manner the board may, after completion of a | 14623 |
hearing under division (C) of this section and after finding that | 14624 |
the construction or alteration of structures or obstructions or | 14625 |
change of grade within a designated floodway area will restrict | 14626 |
its capacity or efficiency as a means of carrying off flood water | 14627 |
so as to constitute an unreasonable hazard to the safety of life | 14628 |
and property in times of flood, adopt a resolution designating the | 14629 |
area described in the resolution of intent adopted under division | 14630 |
(A) of this section, or any modification thereof, as a restricted | 14631 |
floodway. | 14632 |
Sec. 6115.01. As used in sections 6115.01 to 6115.79 of the | 14633 |
Revised Code: | 14634 |
(A) "Publication" means once a week for three consecutive | 14635 |
weeks in | 14636 |
14637 | |
general circulation in the counties wherein publication is to be | 14638 |
made or as provided in section 7.16 of the Revised Code. | 14639 |
Publication need not be made on the same day of the week in each | 14640 |
of the | 14641 |
day of first publication, shall intervene between the first | 14642 |
publication and the last publication. Publication shall be | 14643 |
complete on the date of the last publication. | 14644 |
(B) "Person" means person, firm, partnership, association, or | 14645 |
corporation, other than county, township, municipal corporation, | 14646 |
or other political subdivision. | 14647 |
(C) "Public corporation" means counties, townships, municipal | 14648 |
corporations, school districts, road districts, ditch districts, | 14649 |
park districts, levee districts, and all other governmental | 14650 |
agencies clothed with the power of levying general or special | 14651 |
taxes. | 14652 |
(D) "Court" means the court of common pleas in which the | 14653 |
petition for the organization of a sanitary district was filed and | 14654 |
granted. In the case of a district lying in more than one county, | 14655 |
"court" means the court comprised of one judge of the court of | 14656 |
common pleas from each county as provided in section 6115.04 of | 14657 |
the Revised Code. | 14658 |
(E) "Land" or "property," unless otherwise specified, means | 14659 |
real property, as "real property" is used in and defined by the | 14660 |
laws of this state, and embraces all railroads, tramroads, roads, | 14661 |
electric railroads, street and interurban railroads, streets and | 14662 |
street improvements, telephones, telegraph, and transmission | 14663 |
lines, gas, sewerage, and water systems, pipelines and | 14664 |
rights-of-way of public service corporations, and all other real | 14665 |
property whether public or private. | 14666 |
(F) "Board of directors" applies to the duties of one | 14667 |
director appointed in accordance with section 6115.10 of the | 14668 |
Revised Code in a district lying wholly within one county. | 14669 |
(G) "Biting arthropods" include mosquitoes, ticks, biting | 14670 |
flies, or other biting arthropods capable of transmitting disease | 14671 |
to humans. | 14672 |
(H) "Bond" or "bonds" means bonds, notes, certificates of | 14673 |
indebtedness, certificates of participation, commercial paper, and | 14674 |
other instruments in writing, including, unless the context does | 14675 |
not admit, bonds or notes issued in anticipation of the issuance | 14676 |
of other bonds, issued by a sanitary district to evidence its | 14677 |
obligation to repay money borrowed, or to pay interest, by, or to | 14678 |
pay at any future time other money obligations of, the sanitary | 14679 |
district. | 14680 |
(I) "Financing costs" has the same meaning as in division (K) | 14681 |
of section 133.01 of the Revised Code. | 14682 |
Sec. 6115.20. (A) When it is determined to let the work | 14683 |
relating to the improvements for which a sanitary district was | 14684 |
established by contract, contracts in amounts to exceed ten | 14685 |
thousand dollars shall be advertised after notice calling for bids | 14686 |
has been published once a week for five consecutive weeks | 14687 |
completed on the date of last publication or as provided in | 14688 |
section 7.16 of the Revised Code, in | 14689 |
general circulation within the sanitary district where the work is | 14690 |
to be done. The board of directors of the sanitary district shall | 14691 |
let bids as provided in this section or, if applicable, section | 14692 |
9.312 of the Revised Code. If the bids are for a contract for the | 14693 |
construction, demolition, alteration, repair, or reconstruction of | 14694 |
an improvement, the board of directors of the sanitary district | 14695 |
shall let the contract to the lowest or best bidder who meets the | 14696 |
requirements of section 153.54 of the Revised Code. If the bids | 14697 |
are for a contract for any other work relating to the improvements | 14698 |
for which a sanitary district was established, the board of | 14699 |
directors of the sanitary district shall let the contract to the | 14700 |
lowest or best bidder who gives a good and approved bond, with | 14701 |
ample security, conditioned on the carrying out of the contract | 14702 |
and the payment for all labor and material. The contract shall be | 14703 |
in writing and shall be accompanied by or shall refer to plans and | 14704 |
specifications for the work to be done prepared by the chief | 14705 |
engineer. The plans and specifications at all times shall be made | 14706 |
and considered a part of the contract. The contract shall be | 14707 |
approved by the board and signed by the president of the board and | 14708 |
by the contractor and shall be executed in duplicate. In case of | 14709 |
emergency the advertising of contracts may be waived upon the | 14710 |
consent of the board with the approval of the court or judge in | 14711 |
vacation. | 14712 |
(B) In the case of a sanitary district organized wholly for | 14713 |
the purpose of providing a water supply for domestic, municipal, | 14714 |
and public use that includes two municipal corporations in two | 14715 |
counties, any service to be purchased, including the services of | 14716 |
an accountant, architect, attorney at law, physician, or | 14717 |
professional engineer, at a cost in excess of ten thousand dollars | 14718 |
shall be obtained in the manner provided in sections 153.65 to | 14719 |
153.71 of the Revised Code. For the purposes of the application of | 14720 |
those sections to division (B) of this section, all of the | 14721 |
following apply: | 14722 |
(1) "Public authority," as used in those sections, shall be | 14723 |
deemed to mean a sanitary district organized wholly for the | 14724 |
purpose of providing a water supply for domestic, municipal, and | 14725 |
public use that includes two municipal corporations in two | 14726 |
counties; | 14727 |
(2) "Professional design firm," as used in those sections, | 14728 |
shall be deemed to mean any person legally engaged in rendering | 14729 |
professional design services as defined in division (B)(3) of this | 14730 |
section; | 14731 |
(3) "Professional design services," as used in those | 14732 |
sections, shall be deemed to mean accounting, architectural, | 14733 |
legal, medical, or professional engineering services; | 14734 |
(4) The use of other terms in those sections shall be adapted | 14735 |
accordingly, including, without limitation, for the purposes of | 14736 |
division (D)(2) of section 153.67 of the Revised Code; | 14737 |
(5) Divisions (A) to (C) of section 153.71 of the Revised | 14738 |
Code do not apply. | 14739 |
(C) The board of directors of a district organized wholly for | 14740 |
the purpose of providing a water supply for domestic, municipal, | 14741 |
and public use may contract for, purchase, or otherwise procure | 14742 |
for the benefit of employees of the district and pay all or any | 14743 |
part of the cost of group insurance policies that may provide | 14744 |
benefits, including, but not limited to, hospitalization, surgical | 14745 |
care, major medical care, disability, dental care, vision care, | 14746 |
medical care, hearing aids, or prescription drugs. Any group | 14747 |
insurance policy purchased under this division shall be purchased | 14748 |
from the health care corporation that the board of directors | 14749 |
determines offers the most cost-effective group insurance policy. | 14750 |
Sec. 6117.06. (A) After the establishment of any sewer | 14751 |
district, the board of county commissioners, if a sanitary or | 14752 |
drainage facility or prevention or replacement facility | 14753 |
improvement is to be undertaken, may have the county sanitary | 14754 |
engineer prepare, or otherwise cause to be prepared, for the | 14755 |
district, or revise as needed, a general plan of sewerage or | 14756 |
drainage that is as complete in each case as can be developed at | 14757 |
the time and that is devised with regard to any existing sanitary | 14758 |
or drainage facilities or prevention or replacement facilities in | 14759 |
the district and present as well as prospective needs for | 14760 |
additional sanitary or drainage facilities or prevention or | 14761 |
replacement facilities in the district. After the general plan, in | 14762 |
original or revised form, has been approved by the board, it may | 14763 |
adopt a resolution generally describing the improvement that is | 14764 |
necessary to be acquired or constructed in accordance with the | 14765 |
particular plan, declaring that the improvement is necessary for | 14766 |
the preservation and promotion of the public health and welfare, | 14767 |
and determining whether or not special assessments are to be | 14768 |
levied and collected to pay any part of the cost of the | 14769 |
improvement. | 14770 |
(B) If special assessments are not to be levied and collected | 14771 |
to pay any part of the cost of the improvement, the board, in the | 14772 |
resolution provided for in division (A) of this section or in a | 14773 |
subsequent resolution, including a resolution authorizing the | 14774 |
issuance or incurrence of public obligations for the improvement, | 14775 |
may authorize the improvement and the expenditure of the funds | 14776 |
required for its acquisition or construction and may proceed with | 14777 |
the improvement without regard to the procedures otherwise | 14778 |
required by divisions (C), (D), and (E) of this section and by | 14779 |
sections 6117.07 to 6117.24 of the Revised Code. Those procedures | 14780 |
are required only for improvements for which special assessments | 14781 |
are to be levied and collected. | 14782 |
(C) If special assessments are to be levied and collected | 14783 |
pursuant to a determination made in the resolution provided for in | 14784 |
division (A) of this section or in a subsequent resolution, the | 14785 |
procedures referred to in division (B) of this section as being | 14786 |
required for that purpose shall apply, and the board may have the | 14787 |
county sanitary engineer prepare, or otherwise cause to be | 14788 |
prepared, detailed plans, specifications, and an estimate of cost | 14789 |
for the improvement, together with a tentative assessment of the | 14790 |
cost based on the estimate. The tentative assessment shall be for | 14791 |
the information of property owners and shall not be levied or | 14792 |
certified to the county auditor for collection. The detailed | 14793 |
plans, specifications, estimate of cost, and tentative assessment, | 14794 |
if approved by the board, shall be carefully preserved in the | 14795 |
office of the board or the county sanitary engineer and shall be | 14796 |
open to the inspection of all persons interested in the | 14797 |
improvement. | 14798 |
(D) After the board's approval of the detailed plans, | 14799 |
specifications, estimate of cost, and tentative assessment, and at | 14800 |
least twenty-four days before adopting a resolution pursuant to | 14801 |
division (E) of this section, the board, except to the extent that | 14802 |
appropriate waivers of notice are obtained from affected owners, | 14803 |
shall cause to be sent a notice of its intent to adopt the | 14804 |
resolution to each owner of property proposed to be assessed that | 14805 |
is listed on the records of the county auditor for current | 14806 |
agricultural use value taxation pursuant to section 5713.31 of the | 14807 |
Revised Code and that is not located in an agricultural district | 14808 |
established under section 929.02 of the Revised Code. The notice | 14809 |
shall satisfy all of the following: | 14810 |
(1) Be sent by first class or certified mail; | 14811 |
(2) Specify the proposed date of the adoption of the | 14812 |
resolution; | 14813 |
(3) Contain a statement that the improvement will be financed | 14814 |
in whole or in part by special assessments and that all properties | 14815 |
not located in an agricultural district established pursuant to | 14816 |
section 929.02 of the Revised Code may be subject to a special | 14817 |
assessment; | 14818 |
(4) Contain a statement that an agricultural district may be | 14819 |
established by filing an application with the county auditor. | 14820 |
If it appears, by the return of the mailed notices or by | 14821 |
other means, that one or more of the affected owners cannot be | 14822 |
found or are not served by the mailed notice, the board shall | 14823 |
cause the notice to be published once in a newspaper of general | 14824 |
circulation in the county not later than ten days before the | 14825 |
adoption of the resolution. | 14826 |
(E) After complying with divisions (A), (C), and (D) of this | 14827 |
section, the board may adopt a resolution declaring that the | 14828 |
improvement, which shall be described as to its nature and its | 14829 |
location, route, and termini, is necessary for the preservation | 14830 |
and promotion of the public health and welfare, referring to the | 14831 |
plans, specifications, estimate of cost, and tentative assessment, | 14832 |
stating the place where they are on file and may be examined, and | 14833 |
providing that the entire cost or a lesser designated part of the | 14834 |
cost will be specially assessed against the benefited properties | 14835 |
within the district and that any balance will be paid by the | 14836 |
county at large from other available funds. The resolution also | 14837 |
shall contain a description of the boundaries of that part of the | 14838 |
district to be assessed and shall designate a time and place for | 14839 |
objections to the improvement, to the tentative assessment, or to | 14840 |
the boundaries of the assessment district to be heard by the | 14841 |
board. The date of that hearing shall be not less than twenty-four | 14842 |
days after the date of the first publication of the notice of the | 14843 |
hearing required by this division. | 14844 |
The board shall cause a notice of the hearing to be published | 14845 |
once a week for two consecutive weeks in a newspaper of general | 14846 |
circulation in the county | 14847 |
of the Revised Code. On or before the date of the second | 14848 |
publication, | 14849 |
certified mail a copy of the notice to every owner of property to | 14850 |
be assessed for the improvement whose address is known. | 14851 |
The notice shall set forth the time and place of the hearing, | 14852 |
a summary description of the proposed improvement, including its | 14853 |
general route and termini, a summary description of the area | 14854 |
constituting the assessment district, and the place where the | 14855 |
plans, specifications, estimate of cost, and tentative assessment | 14856 |
are on file and may be examined. Each mailed notice also shall | 14857 |
include a statement that the property of the addressee will be | 14858 |
assessed for the improvement. The notice also shall be sent by | 14859 |
first class or certified mail, on or before the date of the second | 14860 |
publication, to the clerk, or to the official discharging the | 14861 |
duties of a clerk, of any municipal corporation any part of which | 14862 |
lies within the assessment district and shall state whether or not | 14863 |
any property belonging to the municipal corporation is to be | 14864 |
assessed and, if so, shall identify that property. | 14865 |
At the hearing, or at any adjournment of the hearing, of | 14866 |
which no further published or mailed notice need be given, the | 14867 |
board shall hear all parties whose properties are proposed to be | 14868 |
assessed. Written objections to or endorsements of the proposed | 14869 |
improvement, its character and termini, the boundaries of the | 14870 |
assessment district, or the tentative assessment shall be received | 14871 |
by the board for a period of five days after the completion of the | 14872 |
hearing, and no action shall be taken by the board in the matter | 14873 |
until after that period has elapsed. The minutes of the hearing | 14874 |
shall be entered on the journal of the board, showing the persons | 14875 |
who appear in person or by attorney, and all written objections | 14876 |
shall be preserved and filed in the office of the board. | 14877 |
Sec. 6117.07. After the expiration of the period of five | 14878 |
days provided for in section 6117.06 of the Revised Code for the | 14879 |
filing of written objections, the board of county commissioners | 14880 |
shall determine whether or not it will proceed with the | 14881 |
construction of the improvement mentioned in such section. Notice | 14882 |
of the time and place of each meeting of the board of county | 14883 |
commissioners, at which the resolution to proceed with the | 14884 |
construction of such improvement will be considered, shall be | 14885 |
given in writing to all persons who filed written objections as | 14886 |
provided in section 6117.06 of the Revised Code. Such notice shall | 14887 |
contain the following language in addition to the time and place | 14888 |
of the meeting of the board: "any person, firm, or corporation | 14889 |
desiring to appeal from the final order or judgment of the board | 14890 |
upon any of the questions mentioned in section 6117.09 of the | 14891 |
Revised Code shall, on or before the date of the passage of the | 14892 |
improvement resolution, give notice in writing of an intention to | 14893 |
appeal, specifying therein the matters to be appealed from." If it | 14894 |
decides to proceed therewith, the board shall ratify or amend the | 14895 |
plans for the improvement and the character and termini thereof, | 14896 |
the boundaries of the assessment district, and the tentative | 14897 |
assessment, and may cause such revision of plans, boundaries, or | 14898 |
assessments as the board considers necessary to be made by the | 14899 |
county sanitary engineer. If the boundaries of the assessment | 14900 |
district are amended so as to include any property not included | 14901 |
within the boundaries as established by the resolution of | 14902 |
necessity provided for in section 6117.06 of the Revised Code, the | 14903 |
owners of all such property shall be notified by mail if their | 14904 |
addresses are known, and notice shall be published once a week for | 14905 |
two consecutive weeks in a newspaper of general circulation within | 14906 |
the county or as provided in section 7.16 of the Revised Code that | 14907 |
such amendments have been adopted and that a hearing will be given | 14908 |
by the board at a time and place stated in such notice, at which | 14909 |
all persons interested will be heard by the board. The date of | 14910 |
such hearing shall be not less than twenty-four days after the | 14911 |
first publication of such notice, and the hearing shall be | 14912 |
conducted and records kept in the same manner as the first | 14913 |
hearing. Five days shall be allowed for the filing of written | 14914 |
objections as provided in such section for the first hearing. | 14915 |
After the expiration of such five day period, the board shall | 14916 |
ratify the plans for the improvement and the character and termini | 14917 |
thereof, the boundaries of the assessment district, and the | 14918 |
tentative assessment, or shall further amend the same. If the | 14919 |
boundaries of the assessment district are amended so as to include | 14920 |
any property not included in the assessment district as originally | 14921 |
established or previously amended, further notice and hearing | 14922 |
shall be given to the owners of such property in the same manner | 14923 |
as for the first amendment of such boundaries, and the same | 14924 |
procedure shall be repeated until all property owners affected | 14925 |
have been given an opportunity to be heard. If the owners of all | 14926 |
property added to an assessment district by amendment of the | 14927 |
original boundaries thereof waive objection to such amendment in | 14928 |
writing, no further notice or hearing shall be given. | 14929 |
After the board has ratified the plans for the improvement | 14930 |
and the character and termini thereof, the boundaries of the | 14931 |
assessment district, and the tentative assessment, either as | 14932 |
originally presented or as amended, and if it decides to proceed | 14933 |
therewith, the board shall adopt a resolution to be known as the | 14934 |
improvement resolution. Said improvement resolution shall declare | 14935 |
the determination of such board to proceed with the construction | 14936 |
of the improvement provided for in the resolution of necessity, in | 14937 |
accordance with the plans and specifications provided for such | 14938 |
improvement as ratified or amended, and whether bonds or | 14939 |
certificates of indebtedness shall be issued in anticipation of | 14940 |
the collection of special assessments, as provided in section | 14941 |
6117.08 to 6117.45, inclusive, of the Revised Code, or that money | 14942 |
in the county treasury unappropriated for any other purpose shall | 14943 |
be appropriated to pay for said improvement. | 14944 |
Sec. 6117.251. (A) After the establishment of any county | 14945 |
sewer district, the board of county commissioners may determine by | 14946 |
resolution that it is necessary to provide sanitary or drainage | 14947 |
facility improvements or prevention or replacement facility | 14948 |
improvements and to maintain and operate the improvements within | 14949 |
the district or a designated portion of the district, that the | 14950 |
improvements, which shall be generally described in the | 14951 |
resolution, shall be constructed, that funds are required to pay | 14952 |
the preliminary costs of the improvements to be incurred prior to | 14953 |
the commencement of the proceedings for their construction, and | 14954 |
that those funds shall be provided in accordance with this | 14955 |
section. | 14956 |
(B) Prior to the adoption of the resolution, the board shall | 14957 |
give notice of its pendency and of the proposed determination of | 14958 |
the necessity of the improvements generally described in the | 14959 |
resolution. The notice shall set forth a description of the | 14960 |
properties to be benefited by the improvements and the time and | 14961 |
place of a hearing of objections to and endorsements of the | 14962 |
improvements. The notice shall be given
| 14963 |
newspaper of general circulation in the county once a week for two | 14964 |
consecutive weeks, | 14965 |
of the Revised Code, by mailing a copy of the notice by first | 14966 |
class or certified mail to the owners of the properties proposed | 14967 |
to be assessed at their respective tax mailing addresses, or by | 14968 |
14969 | |
made or the mailing to occur at least two weeks prior to the date | 14970 |
set for the hearing. At the hearing, or at any adjournment of the | 14971 |
hearing, of which no further published or mailed notice need be | 14972 |
given, the board shall hear all persons whose properties are | 14973 |
proposed to be assessed and the evidence it considers to be | 14974 |
necessary. The board then shall determine the necessity of the | 14975 |
proposed improvements and whether the improvements shall be made | 14976 |
by the board and, if they are to be made, shall direct the | 14977 |
preparation of tentative assessments upon the benefited properties | 14978 |
and by whom they shall be prepared. | 14979 |
(C) In order to obtain funds for the preparation of a general | 14980 |
or revised general plan of sewerage or drainage for the district | 14981 |
or part of the district, for the preparation of the detailed | 14982 |
plans, specifications, estimate of cost, and tentative assessment | 14983 |
for the proposed improvements, and for the cost of financing and | 14984 |
legal services incident to the preparation of all of those plans | 14985 |
and a plan of financing the proposed improvements, the board may | 14986 |
levy upon the properties to be benefited in the district a | 14987 |
preliminary assessment apportioned according to benefits or to tax | 14988 |
valuation or partly by one method and partly by the other method | 14989 |
as the board may determine. The assessments shall be in the amount | 14990 |
determined to be necessary to obtain funds for the general and | 14991 |
detailed plans and the cost of financing and legal services and | 14992 |
shall be payable in the number of years that the board shall | 14993 |
determine, not to exceed twenty years, together with interest on | 14994 |
any public obligations that may be issued or incurred in | 14995 |
anticipation of the collection of the assessments. | 14996 |
(D) The board shall have power at any time to levy additional | 14997 |
assessments according to benefits or to tax valuation or partly by | 14998 |
one method and partly by the other method as the board may | 14999 |
determine for the purposes described in division (C) of this | 15000 |
section upon the benefited properties to complete the payment of | 15001 |
the costs described in division (C) of this section or to pay the | 15002 |
cost of any additional plans, specifications, estimate of cost, or | 15003 |
tentative assessment and the cost of financing and legal services | 15004 |
incident to the preparation of those plans and the plan of | 15005 |
financing, which additional assessments shall be payable in the | 15006 |
number of years that the board shall determine, not to exceed | 15007 |
twenty years, together with interest on any public obligations | 15008 |
that may be issued or incurred in anticipation of the collection | 15009 |
of the additional assessments. | 15010 |
(E) Prior to the adoption of a resolution levying assessments | 15011 |
under this section, the board shall give notice either by one | 15012 |
publication in a newspaper of general circulation in the county, | 15013 |
or by mailing a copy of the notice by first class or certified | 15014 |
mail to the owners of the properties proposed to be assessed at | 15015 |
their respective tax mailing addresses, or by both manners, the | 15016 |
publication to be made or the mailing to occur at least ten days | 15017 |
prior to the date of the meeting at which the resolution shall be | 15018 |
taken up for consideration; that notice shall state the time and | 15019 |
place of the meeting at which the resolution is to be considered. | 15020 |
At the time and place of the meeting, or at any adjournment of the | 15021 |
meeting, of which no further published or mailed notice need be | 15022 |
given, the board shall hear all persons whose properties are | 15023 |
proposed to be assessed, shall correct any errors and make any | 15024 |
revisions that appear to be necessary or just, and then may adopt | 15025 |
a resolution levying upon the properties determined to be | 15026 |
benefited the assessments as so corrected and revised. | 15027 |
The assessments levied by the resolution shall be certified | 15028 |
to the county auditor for collection in the same manner as taxes | 15029 |
in the year or years in which they are payable. | 15030 |
(F) Upon the adoption of the resolution described in division | 15031 |
(E) of this section, no further action shall be taken or work done | 15032 |
until ten days have elapsed. If, at the expiration of that period, | 15033 |
no appeal has been effected by any property owner as provided in | 15034 |
this division, the action of the board shall be final. If, at the | 15035 |
end of that ten days, any owner of property to be assessed for the | 15036 |
improvements has effected an appeal, no further action shall be | 15037 |
taken and no work done in connection with the improvements under | 15038 |
the resolution until the matters appealed from have been disposed | 15039 |
of in court. | 15040 |
Any owner of property to be assessed may appeal as provided | 15041 |
and upon the grounds stated in sections 6117.09 to 6117.24 of the | 15042 |
Revised Code. | 15043 |
If no appeal has been perfected or if on appeal the | 15044 |
resolution of the board is sustained, the board may authorize and | 15045 |
enter into contracts to carry out the purposes for which the | 15046 |
assessments have been levied without the prior issuance of notes, | 15047 |
provided that the payments under those contracts do not fall due | 15048 |
prior to the time by which the assessments are to be collected. | 15049 |
The board may issue and sell bonds with a maximum maturity of | 15050 |
twenty years in anticipation of the collection of the assessments | 15051 |
and may issue notes in anticipation of the issuance of the bonds, | 15052 |
which notes and bonds, as public obligations, shall be issued and | 15053 |
sold as provided in Chapter 133. of the Revised Code. | 15054 |
Sec. 6117.49. (A) If the board of county commissioners | 15055 |
determines by resolution that the best interests of the county and | 15056 |
those served by the sanitary or drainage facilities or the | 15057 |
prevention or replacement facilities of a county sewer district so | 15058 |
require, the board may sell or otherwise dispose of the facilities | 15059 |
to another public agency or a person. The resolution declaring the | 15060 |
necessity of that disposition shall recite the reasons for the | 15061 |
sale or other disposition and shall establish any conditions or | 15062 |
terms that the board may impose, including, but not limited to, a | 15063 |
minimum sales price if a sale is proposed, a requirement for the | 15064 |
submission by bidders of the schedule of rates and charges | 15065 |
initially proposed to be paid for the services of the facilities, | 15066 |
and other pertinent conditions or terms relating to the sale or | 15067 |
other disposition. The resolution also shall designate a time and | 15068 |
place for the hearing of objections to the sale or other | 15069 |
disposition by the board. Notice of the adoption of the resolution | 15070 |
and the time and place of the hearing shall be published as | 15071 |
provided in section 7.16 of the Revised Code or once a week for | 15072 |
two consecutive weeks, in a newspaper of general circulation in | 15073 |
the sewer district and in the county. The public hearing on the | 15074 |
sale or other disposition shall be held not less than twenty-four | 15075 |
days following the date of first publication of the notice. A copy | 15076 |
of the notice also shall be sent by first class or certified mail, | 15077 |
on or before the date of the second publication, to any public | 15078 |
agency within the area served by the facilities. At the public | 15079 |
hearing, or at any adjournment of it, of which no further | 15080 |
published or mailed notice need be given, the board shall hear all | 15081 |
interested parties. A period of five days shall be given following | 15082 |
the completion of the hearing for the filing of written objections | 15083 |
by any interested persons or public agencies to the sale or other | 15084 |
disposition, after which the board shall consider any objections | 15085 |
and by resolution determine whether or not to proceed with the | 15086 |
sale or other disposition. If the board determines to proceed with | 15087 |
the sale or other disposition, it shall receive bids after | 15088 |
advertising once a week for four consecutive weeks or as provided | 15089 |
in section 7.16 of the Revised Code, in a newspaper of general | 15090 |
circulation in the county and, subject to the right of the board | 15091 |
to reject any or all bids, may make an award to a responsible | 15092 |
bidder whose proposal is determined by the board to be in the best | 15093 |
interests of the county and those served by the facilities. | 15094 |
(B) A conveyance of sanitary or drainage facilities or of | 15095 |
prevention or replacement facilities by a county to a municipal | 15096 |
corporation in accordance with division (B) of section 6117.05 of | 15097 |
the Revised Code may be made without regard to division (A) of | 15098 |
this section. | 15099 |
Sec. 6119.10. The board of trustees of a regional water and | 15100 |
sewer district or any officer or employee designated by the board | 15101 |
may make any contract for the purchase of supplies or material or | 15102 |
for labor for any work, under the supervision of the board, the | 15103 |
cost of which shall not exceed twenty-five thousand dollars. When | 15104 |
an expenditure, other than for the acquisition of real estate and | 15105 |
interests in real estate, the discharge of noncontractual claims, | 15106 |
personal services, the joint use of facilities or the exercise of | 15107 |
powers with other political subdivisions, or the product or | 15108 |
services of public utilities, exceeds twenty-five thousand | 15109 |
dollars, the expenditures shall be made only after a notice | 15110 |
calling for bids has been published | 15111 |
weeks in | 15112 |
within the district or as provided in section 7.16 of the Revised | 15113 |
Code. If the bids are for a contract for the construction, | 15114 |
demolition, alteration, repair, or reconstruction of an | 15115 |
improvement, the board may let the contract to the lowest and best | 15116 |
bidder who meets the requirements of section 153.54 of the Revised | 15117 |
Code. If the bids are for a contract for any other work relating | 15118 |
to the improvements for which a regional water and sewer district | 15119 |
was established, the board of trustees of the regional water and | 15120 |
sewer district may let the contract to the lowest or best bidder | 15121 |
who gives a good and approved bond with ample security conditioned | 15122 |
on the carrying out of the contract. The contract shall be in | 15123 |
writing and shall be accompanied by or shall refer to plans and | 15124 |
specifications for the work to be done, approved by the board. The | 15125 |
plans and specifications shall at all times be made and considered | 15126 |
part of the contract. The contract shall be approved by the board | 15127 |
and signed by its president or other duly authorized officer and | 15128 |
by the contractor. In case of a real and present emergency, the | 15129 |
board of trustees of the district, by two-thirds vote of all | 15130 |
members, may authorize the president or other duly authorized | 15131 |
officer to enter into a contract for work to be done or for the | 15132 |
purchase of supplies or materials without formal bidding or | 15133 |
advertising. All contracts shall have attached the certificate | 15134 |
required by section 5705.41 of the Revised Code duly executed by | 15135 |
the secretary of the board of trustees of the district. The | 15136 |
district may make improvements by force account or direct labor, | 15137 |
provided that, if the estimated cost of supplies or material for | 15138 |
any such improvement exceeds twenty-five thousand dollars, bids | 15139 |
shall be received as provided in this section. For the purposes of | 15140 |
the competitive bidding requirements of this section, the board | 15141 |
shall not sever a contract for supplies or materials and labor | 15142 |
into separate contracts for labor, supplies, or materials if the | 15143 |
contracts are in fact a part of a single contract required to be | 15144 |
bid competitively under this section. | 15145 |
Sec. 6119.18. The board of trustees of a regional water and | 15146 |
sewer district, by a vote of two-thirds of all its members, may | 15147 |
declare by resolution that it is necessary to levy a tax in excess | 15148 |
of the ten-mill limitation for the purpose of providing funds to | 15149 |
pay current expenses of the district or for the purpose of paying | 15150 |
any portion of the cost of one or more water resource projects or | 15151 |
parts thereof or for both of such purposes, and that the question | 15152 |
of such tax levy shall be submitted to the electors of the | 15153 |
district at a general or primary election. Such resolution shall | 15154 |
conform to the requirements of section 5705.19 of the Revised | 15155 |
Code, except as otherwise permitted by this section and except | 15156 |
that such levy may be for a period not longer than ten years. The | 15157 |
resolution shall go into immediate effect upon its passage and no | 15158 |
publication of the resolution is necessary other than that | 15159 |
provided for in the notice of election. A copy of such resolution | 15160 |
shall, immediately after its passage, be certified to the board of | 15161 |
elections of the proper county or counties in the manner provided | 15162 |
by section 5705.25 of the Revised Code, and such section shall | 15163 |
govern the arrangements for the submission of such question and | 15164 |
other matters with respect to such election to which such section | 15165 |
refers. Publication of the notice of that election shall be made | 15166 |
in one | 15167 |
circulation in the district once a week for two consecutive weeks | 15168 |
prior to the election, | 15169 |
the Revised Code. If the board of elections operates and maintains | 15170 |
a web site, the board of elections shall post notice of the | 15171 |
election on its web site for thirty days prior to the election. | 15172 |
If a majority of the electors voting on the question vote in | 15173 |
favor thereof, the board may make the necessary levy within the | 15174 |
district at the additional rate or at any lesser rate on the tax | 15175 |
list and duplicate for the purpose or purposes stated in the | 15176 |
resolution. | 15177 |
The taxes realized from such levy shall be collected at the | 15178 |
same time and in the same manner as other taxes on such tax list | 15179 |
and duplicate and such taxes, when collected, shall be paid to the | 15180 |
district and deposited by it in a special fund which shall be | 15181 |
established by the district for all revenues derived from such | 15182 |
levy and for the proceeds of anticipation notes which shall be | 15183 |
deposited in such fund. | 15184 |
After the approval of such levy, the district may anticipate | 15185 |
a fraction of the proceeds of such levy and, from time to time, | 15186 |
during the life of such levy, issue anticipation notes in an | 15187 |
amount not exceeding fifty per cent of the estimated proceeds of | 15188 |
such levy to be collected in each year up to a period of five | 15189 |
years after the date of issuance of such notes, less an amount | 15190 |
equal to the proceeds of such levy previously obligated for each | 15191 |
year by the issuance of anticipation notes, provided that the | 15192 |
total amount maturing in any one year shall not exceed fifty per | 15193 |
cent of the anticipated proceeds of such levy for that year. Each | 15194 |
issue of notes shall be sold as provided in Chapter 133. of the | 15195 |
Revised Code, and shall, except for such limitation that the total | 15196 |
amount of such notes maturing in any one year shall not exceed | 15197 |
fifty per cent of the anticipated proceeds of such levy for that | 15198 |
year, mature serially in substantially equal installments during | 15199 |
each year over a period not to exceed five years after their | 15200 |
issuance. | 15201 |
Sec. 6119.22. When a plan of sewerage devised in accordance | 15202 |
with section 6119.19 of the Revised Code has been prepared, the | 15203 |
board of trustees of the regional water and sewer district shall | 15204 |
give at least ten days' notice in one newspaper of general | 15205 |
circulation in such area or give notice as provided in section | 15206 |
7.16 of the Revised Code, stating that such plans have been | 15207 |
prepared and are filed in the office of the secretary of the board | 15208 |
for examination and inspection by the parties interested. | 15209 |
Any objection to such plan shall then be made to the board | 15210 |
and it may amend or correct such plan, and shall thereupon file it | 15211 |
as amended, or if no amendments are made, it shall file the | 15212 |
original plan in the office of the secretary. | 15213 |
Sec. 6119.25. When the board of trustees of a regional water | 15214 |
and sewer district deems it necessary to construct all or a part | 15215 |
of the sewers provided for in the plan devised in accordance with | 15216 |
section 6119.19 of the Revised Code, the board shall declare by | 15217 |
resolution the necessity thereof. Such resolution shall contain a | 15218 |
declaration of the necessity of such improvement, a statement of | 15219 |
the districts, areas, or parts thereof proposed to be constructed, | 15220 |
the character of the materials to be used, a reference to the | 15221 |
plans and specifications, where they are on file, and the mode of | 15222 |
payment therefor, and shall publish the resolution once a week for | 15223 |
not less than two nor more than four consecutive weeks in one | 15224 |
newspaper of general circulation in the area or as provided in | 15225 |
section 7.16 of the Revised Code. | 15226 |
Sec. 6119.58. In order to obtain funds for the preparation | 15227 |
of plans, specifications, estimates of cost, tentative | 15228 |
assessments, and a plan of financing for any water resource | 15229 |
project or part thereof, the board of trustees of a regional water | 15230 |
and sewer district may levy upon the property in such district to | 15231 |
be benefited by such project assessments apportioned in accordance | 15232 |
with one or more of the methods set forth in section 6119.42 of | 15233 |
the Revised Code. The aggregate of such assessments shall not | 15234 |
exceed the amount determined by the board of trustees to be | 15235 |
necessary for such purpose, including costs of financing, legal | 15236 |
services, and other incidental costs, and shall be payable in such | 15237 |
number of annual installments, not less than one, as the board of | 15238 |
trustees prescribes, together with interest on any water resource | 15239 |
revenue notes and bonds which may be issued in anticipation of the | 15240 |
collection of such assessments. | 15241 |
If the board of trustees proposes to obtain funds in | 15242 |
accordance with this section, it shall determine by resolution | 15243 |
that it is necessary to construct the water resource project and | 15244 |
to maintain and operate the same on behalf of the district. | 15245 |
Prior to the adoption of the resolution making such | 15246 |
determination, the board of trustees shall give notice of the | 15247 |
pendency thereof and of the proposed determination of the | 15248 |
necessity of the construction of such project therein generally | 15249 |
described, and such notice shall set forth a description of the | 15250 |
properties to be benefited by such project and the time and place | 15251 |
of a hearing of objections to, and endorsements of, such project. | 15252 |
Such notice shall be given by publication in | 15253 |
newspaper | 15254 |
week for two consecutive weeks or as provided in section 7.16 of | 15255 |
the Revised Code, the first publication to be at least two weeks | 15256 |
prior to the date set for the hearing, provided that the board of | 15257 |
trustees may give, or cause to be given, such alternative or | 15258 |
further notice of such hearing as it finds to be necessary or | 15259 |
appropriate. At such hearing, or at any adjournment thereof, of | 15260 |
which no further notice need be given, the board of trustees shall | 15261 |
hear all owners whose properties are proposed to be assessed and | 15262 |
such other evidence as is considered to be necessary, and may then | 15263 |
adopt its resolution determining that the proposed project is | 15264 |
necessary and should be undertaken by the district. In such | 15265 |
resolution, the board of trustees shall direct the preparation of | 15266 |
the estimated assessments upon the benefited properties and by | 15267 |
whom they shall be prepared. | 15268 |
After such assessments have been prepared and filed in the | 15269 |
office of the secretary of the board of trustees and prior to the | 15270 |
adoption of the resolution levying such assessments, the board of | 15271 |
trustees shall give notice of the pendency of such resolution and | 15272 |
of the proposed determination to levy such assessments, and such | 15273 |
notice shall set forth the time and place of a hearing of | 15274 |
objections to such assessments. Such notice shall be given by | 15275 |
publication once in | 15276 |
circulation in the district, such publication to be made at least | 15277 |
ten days prior to the date set for the hearing, provided that the | 15278 |
board of trustees may give or cause to be given, such alternative | 15279 |
of further notice of such hearing as it finds to be necessary or | 15280 |
appropriate. At such hearing, or at any adjournment thereof, of | 15281 |
which no further notice need be given, the board of trustees shall | 15282 |
hear all persons whose properties are proposed to be assessed, | 15283 |
shall correct any errors and make any revisions in the estimated | 15284 |
assessments that appear to be necessary or just, and may then | 15285 |
adopt a resolution levying upon the properties determined to be | 15286 |
benefited the assessments as originally prepared or as so | 15287 |
corrected and revised. | 15288 |
The board of trustees shall have the power at any time to | 15289 |
levy additional assessments upon such properties to complete the | 15290 |
payment of the costs for which the original assessments were | 15291 |
levied or to provide funds for any additional plans, | 15292 |
specifications, estimates of cost, tentative assessments, and | 15293 |
other incidental costs, provided that the board shall first have | 15294 |
held a hearing on objections to such additional assessments in the | 15295 |
same manner as required by this section with respect to such | 15296 |
original assessments. Such additional assessments shall be payable | 15297 |
in such number of annual installments, not less than one, as the | 15298 |
board of trustees prescribes, together with interest on any water | 15299 |
resource revenue notes and bonds which may be issued in | 15300 |
anticipation of the collection of such assessments. | 15301 |
The board of trustees may authorize contracts to carry out | 15302 |
the purposes for which such assessments have been levied without | 15303 |
the prior issuance of water resource revenue notes and bonds, | 15304 |
provided that the payments to be made by the district do not fall | 15305 |
due prior to the times when such assessments shall be collected. | 15306 |
Section 2. That existing sections 7.10, 7.11, 7.12, 118.17, | 15307 |
131.23, 133.18, 133.55, 135.05, 301.02, 301.15, 301.28, 306.35, | 15308 |
306.43, 306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 307.70, | 15309 |
307.79, 307.791, 307.81, 307.82, 307.83, 308.13, 317.20, 319.11, | 15310 |
319.54, 321.18, 322.02, 322.021, 323.08, 323.73, 324.02, 324.021, | 15311 |
343.08, 345.03, 349.03, 501.07, 503.05, 503.162, 503.41, 504.02, | 15312 |
504.03, 504.12, 504.21, 505.108, 505.17, 505.264, 505.28, 505.373, | 15313 |
505.55, 505.73, 511.23, 511.25, 511.28, 511.34, 513.14, 515.04, | 15314 |
517.12, 517.22, 521.03, 705.16, 711.35, 715.011, 715.47, 718.09, | 15315 |
718.10, 719.012, 719.05, 721.03, 721.15, 721.20, 723.07, 727.011, | 15316 |
727.012, 727.08, 727.14, 727.46, 729.08, 729.11, 731.141, 731.20, | 15317 |
731.21, 731.211, 731.22, 731.23, 731.24, 731.25, 735.05, 735.20, | 15318 |
737.32, 745.07, 747.05, 747.11, 747.12, 755.41, 755.42, 755.43, | 15319 |
759.47, 951.11, 1515.08, 1515.24, 1545.09, 1545.12, 1547.302, | 15320 |
1711.05, 1711.07, 1711.18, 1711.30, 1728.06, 2105.09, 2329.26, | 15321 |
3311.21, 3311.213, 3311.214, 3311.50, 3311.53, 3311.73, 3313.41, | 15322 |
3313.533, 3313.911, 3349.29, 3354.12, 3355.09, 3375.41, 3381.11, | 15323 |
3501.03, 3505.13, 3709.21, 3735.36, 3735.66, 4301.80, 4301.81, | 15324 |
4503.06, 4504.02, 4504.021, 4504.15, 4504.16, 4504.18, 4513.62, | 15325 |
4582.31, 4585.10, 4928.20, 4929.26, 4929.27, 4931.51, 4931.52, | 15326 |
4931.53, 5126.42, 5310.35, 5540.031, 5540.05, 5543.10, 5552.06, | 15327 |
5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27, 5555.42, | 15328 |
5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011, 5573.02, | 15329 |
5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5705.16, 5705.191, | 15330 |
5705.194, 5705.196, 5705.21, 5705.211, 5705.218, 5705.25, | 15331 |
5705.251, 5705.261, 5705.314, 5705.71, 5713.01, 5715.17, 5715.23, | 15332 |
5719.04, 5721.01, 5721.03, 5721.04, 5721.18, 5721.31, 5722.13, | 15333 |
5723.05, 5727.57, 5733.23, 5739.021, 5739.022, 5739.026, 5739.101, | 15334 |
5747.451, 5748.02, 5748.021, 5748.04, 5748.08, 6101.16, 6103.05, | 15335 |
6103.06, 6103.081, 6103.31, 6105.131, 6115.01, 6115.20, 6117.06, | 15336 |
6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 6119.22, 6119.25, | 15337 |
and 6119.58 of the Revised Code are hereby repealed. | 15338 |
Section 3. That sections 7.14 and 701.04 of the Revised Code | 15339 |
are hereby repealed. | 15340 |
Section 4. Section 5723.05 of the Revised Code is presented | 15341 |
in this act as a composite of the section as amended by both Am. | 15342 |
Sub. H.B. 387 and Am. Sub. H.B. 576 of the 118th General Assembly. | 15343 |
The General Assembly, applying the principle stated in division | 15344 |
(B) of section 1.52 of the Revised Code that amendments are to be | 15345 |
harmonized if reasonably capable of simultaneous operation, finds | 15346 |
that the composite is the resulting version of the section in | 15347 |
effect prior to the effective date of the section as presented in | 15348 |
this act. | 15349 |