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As Reported by the House Local Government and Townships Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 581 |
REPRESENTATIVES BATCHELDER-NETZLEY-BRADING-BUCHY-CAREY-GARCIA-
HODGES-MOTTLEY-REID-TERWILLEGER
A BILL
To amend section 133.07 and to enact section 3707.55 of the Revised
Code to allow the board of
health of a general health district to
acquire real
property, to remove any existing duty of the county to furnish suitable
quarters to the health district if the district acquires
real property, to
allow the county to issue securities under limited circumstances
for the acquisition of real property by the health district, and to
exclude such securities from the
computation of the county's
debt limit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 133.07 be amended and section 3707.55 of the Revised
Code be enacted to read as
follows:
Sec. 133.07. (A) A county shall not incur, without a vote
of the electors, either of the following:
(1) Net indebtedness for all purposes that exceeds an
amount equal to one per cent of its tax valuation;
(2) Net indebtedness for the purpose of paying the
county's share of the cost of the construction, improvement,
maintenance, or repair of state highways that exceeds an amount
equal to one-half of one per cent of its tax valuation.
(B) A county shall not incur total net indebtedness that
exceeds an amount equal to the one of the following limitations
that applies to the county:
(1) A county with a valuation not exceeding one hundred
million dollars, three per cent of that tax valuation;
(2) A county with a tax valuation exceeding one hundred
million dollars but not exceeding three hundred million dollars,
three million dollars plus one and one-half per cent of that tax
valuation in excess of one hundred million dollars;
(3) A county with a tax valuation exceeding three hundred
million dollars, six million dollars plus two and one-half per
cent of that tax valuation in excess of three hundred million
dollars.
(C) In calculating the net indebtedness of a county, none
of the following securities shall be considered:
(1) Securities described in section 307.201 of the Revised
Code;
(2) Self-supporting securities issued for any purposes,
including, but not limited to, any of the following general
purposes:
(a) Water systems or facilities;
(b) Sanitary sewerage systems or facilities, or surface
and storm water drainage and sewerage systems or facilities, or a
combination of those systems or facilities;
(c) County or joint county scrap tire collection, storage,
monocell, monofill, or recovery facilities, or any combination of
those facilities;
(d) Off-street parking lots, facilities, or buildings, or
on-street parking facilities, or any combination of off-street
and on-street parking facilities;
(e) Facilities for the care or treatment of the sick or
infirm, and for housing the persons providing that care or
treatment and their families;
(f) Recreational, sports, convention, auditorium, museum,
trade show, and other public attraction facilities;
(g) Facilities for natural resources exploration,
development, recovery, use, and sale;
(h) Correctional and detention facilities and related
rehabilitation facilities.
(3) Securities issued for the purpose of purchasing,
constructing, improving, or extending water or sanitary or
surface and storm water sewerage systems or facilities, or a
combination of those systems or facilities, to the extent that an
agreement entered into with another subdivision requires the
other subdivision to pay to the county amounts equivalent to debt
charges on the securities;
(4) Voted general obligation securities issued for the
purpose of permanent improvements for sanitary sewerage or water
systems or facilities to the extent that the total principal
amount of voted securities outstanding for the purpose does not
exceed an amount equal to two per cent of the county's tax
valuation;
(5) Securities issued for permanent improvements to house
agencies, departments, boards, or commissions of the county or of
any municipal corporation located, in whole or in part, in the
county, to the extent that the revenues, other than revenues from
unvoted county property taxes, derived from leases or other
agreements between the county and those agencies, departments,
boards, commissions, or municipal corporations relating to the
use of the permanent improvements are sufficient to cover the
cost of all operating expenses of the permanent improvements paid
by the county and debt charges on the securities;
(6) Securities issued pursuant to section 133.08 of the
Revised Code;
(7) Securities issued for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts, for the
purpose of acquiring or making other highway permanent
improvements, or for the purpose of procuring and maintaining
computer systems for the office of the clerk of any
county-operated municipal court, for the office of the clerk of
the court of common pleas, or for the office of the clerk of the
probate, juvenile, or domestic relations division of the court of
common pleas to the extent that the legislation authorizing the
issuance of the securities includes a covenant to appropriate
from moneys distributed to the county pursuant to division (B) of
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a
sufficient amount to cover debt charges on and financing costs
relating to the securities as they become due;
(8) Securities issued for the purpose of acquiring,
constructing, improving, and equipping a county, multicounty, or
multicounty-municipal jail, workhouse, juvenile detention
facility, or correctional facility;
(9) Securities issued for the acquisition, construction,
equipping, or repair of any permanent improvement or any class or
group of permanent improvements enumerated in a resolution
adopted pursuant to division (D) of section 5739.026 of the
Revised Code to the extent that the legislation authorizing the
issuance of the securities includes a covenant to appropriate
from moneys received from the taxes authorized under section
5739.023 and division (A)(5) of section 5739.026 of the Revised
Code an amount sufficient to pay debt charges on the securities
and those moneys shall be pledged for that purpose;
(10) Securities issued for county or joint county solid
waste or hazardous waste collection, transfer, or disposal
facilities, or resource recovery and solid or hazardous waste
recycling facilities, or any combination of those facilities;
(11) Securities issued for the acquisition, construction,
and equipping of a port authority educational and cultural
facility under section 307.671 of the Revised Code;
(12) Securities issued for the acquisition, construction,
equipping, and improving of a municipal educational and cultural
facility under division (B)(1) of section 307.672 of the Revised
Code;
(13) Securities issued for energy conservation measures under section 307.041
of the Revised Code;
(14) Securities issued for the acquisition, construction, equipping,
improving, or repair of a sports facility, including obligations issued to pay
costs of a sports facility under section 307.673 of the Revised Code;
(15) Securities issued under section 755.17 of the Revised Code if the
legislation authorizing issuance of the securities includes
a covenant to appropriate from revenue received from a tax authorized under
division (A)(5) of section 5739.026 and section 5741.023 of the Revised Code
an amount sufficient to pay debt charges on the securities, and the board of
county commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code;
(15)(16) Sales tax supported bonds issued pursuant to section
133.081 of the Revised Code for the purpose of
acquiring, constructing, improving, or equipping any permanent
improvement to the extent that the legislation authorizing the
issuance of the sales tax supported bonds pledges county sales
taxes to the payment of debt charges on the sales tax supported
bonds and contains a covenant to appropriate from county sales
taxes a sufficient amount to cover debt charges or the financing
costs related to the sales tax supported bonds as they become
due;
(17) SECURITIES ISSUED UNDER SECTION 3707.55 OF THE
REVISED
CODE FOR THE ACQUISITION OF
REAL PROPERTY BY A GENERAL HEALTH DISTRICT.
(D) In calculating the net indebtedness of a county, no
obligation incurred under division (E) of section 339.06 of the
Revised Code shall be considered.
Sec. 3707.55. (A) A BOARD OF HEALTH OF A GENERAL HEALTH DISTRICT
MAY
ACQUIRE, CONVEY, LEASE, OR ENTER INTO A CONTRACT TO PURCHASE, LEASE, OR SELL
REAL
PROPERTY FOR THE DISTRICT'S PURPOSES, AND MAY ENTER INTO LOAN AGREEMENTS,
INCLUDING MORTGAGES, FOR THE ACQUISITION OF SUCH PROPERTY.
(B) NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN SECTION 3709.34 OF THE
REVISED
CODE, IF A BOARD OF HEALTH OF A
GENERAL HEALTH DISTRICT ACQUIRES, LEASES, OR ENTERS INTO A
CONTRACT TO PURCHASE OR LEASE REAL PROPERTY UNDER THIS SECTION,
THE BOARD OF COUNTY COMMISSIONERS HAS NO OBLIGATION TO PAY FOR OR REIMBURSE
THE GENERAL HEALTH DISTRICT FOR SUCH PROPERTY, OR TO
FURNISH SUITABLE QUARTERS TO THE GENERAL HEALTH DISTRICT.
(C) THE BOARD OF
COUNTY COMMISSIONERS MAY ISSUE SECURITIES OF THE COUNTY PURSUANT
TO CHAPTER 133. OF THE
REVISED
CODE FOR THE ACQUISITION OF
REAL PROPERTY BY A GENERAL HEALTH DISTRICT UNDER DIVISION
(A) OF THIS SECTION, BUT ONLY
IF THE COUNTY HAS A CONTRACT WITH THE GENERAL HEALTH DISTRICT
WHEREBY THE HEALTH DISTRICT AGREES TO PAY THE COUNTY AN AMOUNT
EQUAL TO THE DEBT CHARGES ON THE ISSUED SECURITIES ON OR BEFORE
THE DATE THOSE CHARGES FALL DUE.
FOR PURPOSES OF THIS SECTION, "DEBT CHARGES" AND
"SECURITIES" HAVE THE SAME MEANINGS AS
IN SECTION 133.01 OF THE
REVISED
CODE.
Section 2. That existing section 133.07 of the
Revised Code is hereby repealed.
Section 3. Section 133.07 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 627 and Am. S.B. 61 of the 121st General Assembly, with the new
language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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