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(122nd General Assembly)(Amended Substitute Senate Bill Number 201)
AN ACT
To amend sections 133.18, 309.09, 323.131, 323.153, 345.04, 511.28, 715.70,
1545.21,
1901.31, 1905.05, 3709.085, 5705.03, 5705.192, 5705.197, 5705.25, 5705.251,
5705.71, 6119.02, and 6119.04,
to enact sections 9.03, 5705.314, and
6119.071, and to repeal section 505.07 of the Revised Code to require
the political subdivision or subdivisions proposing the
establishment of a regional water and sewer district to hold a
public meeting before filing the petition for the establishment,
to provide for the removal of appointed members from the board of trustees of
a district, to
require additional study prior to the establishment of a district if
the court in which the petition is heard orders that study,
to allow a board of
health to charge a fee for inspections of all semipublic disposal systems
conducted under contract with the Environmental Protection Agency, to require
the county
prosecuting attorney to act as legal advisor to any township board or
commission, to allow the
compensation of a mayor's court magistrate to be fixed by
contract, to specify that the clerk of the Medina Municipal
Court shall be appointed by the judges of that court
irrespective of whether the territorial population of that court
is less than, equals, or exceeds 100,000, to require ballots proposing
property taxes that would apply to the same year in which the taxes are voted
on to state expressly that the tax would apply in that year, to require taxing
authorities to obtain certain information regarding proposed taxes from the
county auditor before submitting the question of the tax to electors, to
require a board of education to conduct public hearing if proposed changes in
its inside millage will result in a tax increase in the district, to make
changes to a notice in real property tax bills, to clarify language governing
application for the 2 1/2% residential property tax reduction, to authorize
political subdivisions
to use newsletters and other means to communicate information to the public
within the political subdivision and to other persons affected by the
political subdivision, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 133.18, 309.09, 323.131, 323.153, 345.04,
511.28, 715.70, 1545.21, 1901.31, 1905.05, 3709.085, 5705.03, 5705.192,
5705.197, 5705.25,
5705.251, 5705.71, 6119.02, and
6119.04 be amended and sections 9.03, 5705.314, and
6119.071 of the Revised Code be enacted to read as follows:
Sec. 9.03. (A) As used in this section,
"political subdivision" means any body corporate and politic, except a
municipal corporation that has adopted a charter under Section 7 of
Article XVIII, Ohio Constitution, and
except a county that has adopted a charter under Sections 3 and 4 of
Article X, Ohio Constitution, to which
both of
the following apply: (1) It is responsible for governmental activities only in a geographic
area smaller than the state. (2) It is subject to the sovereign immunity of the state. (B) Except as otherwise provided in
division (C) of this section, the governing body of a political
subdivision may use public
funds to publish and distribute newsletters, or to use any other means, to
communicate information about the plans, policies, and operations of the
political subdivision to members of the public within the
political subdivision and to other persons who may be affected by the
political subdivision. (C) Except as otherwise provided in division (A)(5) of
section 340.03 or division (A)(12) of section 340.033 Of the Revised Code, no
governing body of a political subdivision shall use public funds to do any of
the following: (1) Publish, distribute, or otherwise communicate information that does
any of the following: (a) Contains defamatory, libelous, or obscene matter; (b) Promotes alcoholic beverages, cigarettes or other tobacco
products, or any illegal product, service, or activity; (c) Promotes illegal discrimination on the basis of race, color,
religion, national origin, handicap, age, or ancestry; (d) Supports or opposes any labor organization or any action by,
on behalf of, or against any labor organization; (e) Supports or
opposes the nomination or election of a candidate for public office, the
investigation, prosecution, or recall of a public official, or the passage of
a levy or bond issue. (2) Compensate any employee of the
political subdivision for
time spent on any activity to influence the outcome of an election for any of
the purposes described in division (C)(1)(e) of this
section. Division (C)(2) of this section does not prohibit the use
of public funds to compensate an employee of a political subdivision for
attending a public meeting to present information about the political
subdivision's finances, activities, and governmental actions in a manner that
is not designed to influence the outcome of an election or the passage of a
levy or bond issue, even though the election, levy, or bond issue is discussed
or debated at the meeting. (D) Nothing in this section prohibits or
restricts any political subdivision
from sponsoring, participating in, or doing any of the following: (1) Charitable or public service
advertising that is not commercial in nature; (2) Advertising of exhibitions, performances, programs, products,
or
services that are provided by employees of a political subdivision or
are
provided at or through premises owned or operated by a political subdivision; (3) Licensing an interest in a name or mark that is owned or
controlled by
the political subdivision. (E) As used in this section, "cigarettes" and "tobacco product"
have the same
meanings as in section 5743.01 Of the Revised Code. Sec. 133.18. (A) The taxing authority of a subdivision
may by legislation submit to the electors of the subdivision the
question of issuing any general obligation bonds, for one
purpose, that the subdivision has power or authority to issue. (B) When the taxing authority of a subdivision desires or
is required by law to submit the question of a bond issue to the
electors, it shall pass legislation that does all of the
following: (1) Declares the necessity and purpose of the bond issue; (2) States the date of the authorized election at which
the question shall be submitted to the electors; (3) States the amount, approximate date, estimated rate of
interest, and maximum number of years over which the principal of
the bonds may be paid; (4) Declares the necessity of levying a tax outside the
tax limitation to pay the debt charges on the bonds and any
anticipatory securities. The estimated rate of interest, and any statutory or
charter limit on interest rate that may then be in effect and
that is subsequently amended, shall not be a limitation on the
actual interest rate or rates on the securities when issued. (C) The taxing authority shall certify a copy of the
legislation passed under division (B) of this section to the
county auditor. The county auditor shall promptly calculate and
advise and, not later than seventy-five days before the election,
confirm that advice by certification to, the taxing authority the
estimated average annual property tax levy, expressed in cents or
dollars and cents for each one hundred dollars of tax valuation
and in mills for each one dollar of tax valuation, that the
county auditor estimates to be required throughout the stated
maturity of the bonds to pay the debt charges on the bonds. In
calculating the estimated average annual property tax levy for
this purpose, the county auditor shall assume that the bonds are
issued in one series bearing interest and maturing in
substantially equal principal amounts in each year over the
maximum number of years over which the principal of the bonds may
be paid as stated in that legislation, and that the amount of the
tax valuation of the subdivision for the current year remains the
same throughout the maturity of the bonds. If the tax valuation
for the current year is not determined, the county auditor shall
base the calculation on the estimated amount of the tax valuation
submitted by the county auditor to the county budget commission.
If the subdivision is located in more than one county, the county
auditor shall obtain the assistance of the county auditors of the
other counties, and those county auditors shall provide
assistance, in establishing the tax valuation of the subdivision
for purposes of certifying the estimated average annual property
tax levy. (D) After receiving the county auditor's advice under
division (C) of this section, the taxing authority by legislation
may determine to proceed with submitting the question of the
issue of securities, and shall, not later than the seventy-fifth
day before the day of the election, file the following with the
board of elections: (1) Copies of the legislation provided for in division
divisions (B) of this section and in this division (D)
of this section; (2) The amount of the estimated average annual property
tax levy, expressed in cents or dollars and cents for each one
hundred dollars of tax valuation and in mills for each one dollar
of tax valuation, as estimated and certified to the taxing
authority by the county auditor. (E)(1) The board of elections shall prepare the ballots
and make other necessary arrangements for the submission of the
question to the electors of the subdivision. If the subdivision
is located in more than one county, the board shall inform the
boards of elections of the other counties of the filings with it,
and those other boards shall if appropriate make the other
necessary arrangements for the election in their counties. The
election shall be conducted, canvassed, and certified in the
manner provided in Title XXXV of the Revised Code. (2) The election shall be held at the regular places for
voting in the subdivision. If the electors of only a part of a
precinct are qualified to vote at the election the board of
elections may assign the electors in that part to an adjoining
precinct, including an adjoining precinct in another county if
the board of elections of the other county consents to and
approves the assignment. Each elector so assigned shall be
notified of that fact prior to the election by notice mailed by
the board of elections, in such manner as it determines, prior to
the election. (3) The board of elections shall publish a notice of the
election, in one or more newspapers of general circulation in the
subdivision, at least once no later than ten days prior to the
election. The notice shall state all of the following: (a) The principal amount of the proposed bond issue; (b) The stated purpose for which the bonds are to be
issued; (c) The maximum number of years over which the principal
of the bonds may be paid; (d) The estimated additional average annual property tax
levy, expressed in cents or dollars and cents for each one
hundred dollars of tax valuation and in mills for each one dollar
of tax valuation, to be levied outside the tax limitation, as
estimated and certified to the taxing authority by the county
auditor; (e) The first month and year in which the tax will be levied. (F)(1) The form of the ballot to be used at the election
shall be substantially either of the following, as applicable: (a) "Shall bonds be issued by the ............ (name of
subdivision) for the purpose of ........... (purpose of the bond
issue) in the principal amount of .......... (principal amount of
the bond issue), to be repaid annually over a maximum period of
.......... (the maximum number of years over which the principal
of the bonds may be paid) years, and an annual levy of property
taxes be made outside the .......... (as applicable, "ten-mill"
or "...charter tax") limitation, estimated by the county auditor
to average over the repayment period of the bond issue ..........
(number of mills) mills for each one dollar of tax valuation,
which amounts to .......... (rate expressed in cents or dollars
and cents, such as "36 cents" or "$1.41") for each $100 one hundred
dollars of tax
valuation, beginning in .......... (first month and year the tax will be
levied), to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those
bonds.?
| | __________________________________ |
| | For the bond issue |
| | __________________________________ |
| | Against the bond issue |
| | __________________________________ " |
(b) In the case of an election held pursuant to
legislation adopted under section 3375.43 or 3375.431 of the
Revised Code: "Shall bonds be issued for .......... (name of library) for
the purpose of .......... (purpose of the bond issue), in the
principal amount of .......... (amount of the bond issue) by
.......... (the name of the subdivision that is to issue the
bonds and levy the tax) as the issuer of the bonds, to be repaid
annually over a maximum period of .......... (the maximum number
of years over which the principal of the bonds may be paid)
years, and an annual levy of property taxes be made outside the
ten-mill limitation, estimated by the county auditor to average
over the repayment period of the bond issue .......... (number of
mills) mills for each one dollar of tax valuation, which amounts
to .......... (rate expressed in cents or dollars and cents, such
as "36 cents" or "$1.41") for each $100 one hundred dollars of
tax valuation, beginning in
.......... (first month and year the tax will be levied), to pay
the annual
debt charges on the bonds, and to pay debt charges on
any notes issued in anticipation of those bonds.?
| | __________________________________ |
| | For the bond issue |
| | __________________________________ |
| | Against the bond issue |
| | __________________________________ " |
(2) The purpose for which the bonds are to be issued shall
be printed in the space indicated, in boldface type. (G) The board of elections shall promptly certify the
results of the election to the tax commissioner, the county
auditor of each county in which any part of the subdivision is
located, and the fiscal officer of the subdivision. The
election, including the proceedings for and result of the
election, is incontestable other than in a contest filed under
section 3515.09 of the Revised Code in which the plaintiff
prevails. (H) If a majority of the electors voting upon the question
vote for it, the taxing authority of the subdivision may proceed
under sections 133.21 to 133.33 of the Revised Code with the
issuance of the securities and with the levy and collection of a
property tax outside the tax limitation during the period the
securities are outstanding sufficient in amount to pay the debt
charges on the securities, including debt charges on any
anticipatory securities required to be paid from that tax. If
legislation passed under section 133.22 or 133.23 of the Revised
Code authorizing those securities is filed with the county
auditor on or before the last day of November, the amount of the
voted property tax levy required to pay debt charges or estimated
debt charges on the securities payable in the following year
shall if requested by the taxing authority be included in the
taxes levied for collection in the following year under section
319.30 of the Revised Code. (I)(1) If, before any securities authorized at an election
under this section are issued, the net indebtedness of the
subdivision exceeds that applicable to that subdivision or those
securities, then and so long as that is the case none of the
securities may be issued. (2) No securities authorized at an election under this
section may be initially issued after the first day of the sixth
January following the election, but this period of limitation
shall not run for any time during which any part of the permanent
improvement for which the securities have been authorized, or the
issuing or validity of any part of the securities issued or to be
issued, or the related proceedings, is involved or questioned
before a court or a commission or other tribunal, administrative
agency, or board. (3) Securities representing a portion of the amount
authorized at an election that are issued within the applicable
limitation on net indebtedness are valid and in no manner
affected by the fact that the balance of the securities
authorized cannot be issued by reason of the net indebtedness
limitation or lapse of time. (4) Nothing in this division (I) shall be interpreted or
applied to prevent the issuance of securities in an amount to
fund or refund anticipatory securities lawfully issued. (5) The limitations of divisions (I)(1) and (2) of this
section do not apply to any securities authorized at an election
under this section if at least ten per cent of the principal
amount of the securities, including anticipatory securities,
authorized has theretofore been issued, or if the securities are
to be issued for the purpose of participating in any federally or
state-assisted program. (6) The certificate of the fiscal officer of the
subdivision is conclusive proof of the facts referred to in this
division (I). Sec. 309.09. (A) The prosecuting attorney shall be the
legal adviser of the board of county commissioners, board of
elections, and all other county officers and boards, including
all tax-supported public libraries, and any of them may require
written opinions or instructions from the prosecuting attorney in
matters connected
with their official duties. The prosecuting attorney shall
prosecute and defend all
suits and actions which any such officer or board directs or to
which it is a party, and no county officer may employ any other
counsel or attorney at the expense of the county, except as
provided in section 305.14 of the Revised Code. (B) Such The prosecuting attorney shall be the legal adviser
for all township officers, boards, and commissions, unless the
township has adopted
the
limited self-government form of township government pursuant to
Chapter 504. of the Revised Code and has not entered into a contract to
have the prosecuting attorney serve as the township law director, in which
case the township law
director, whether serving full-time or part-time, shall be the
legal adviser for all township officers, boards, and
commissions. When the board of
township trustees finds it advisable or necessary to have
additional legal counsel it may employ an attorney other than the
township law director or the prosecuting attorney of the county,
either for a particular matter or on an annual basis, to
represent the township and its officers, boards, and commissions
in their official
capacities and to advise them on legal matters. No such counsel
or attorney may be employed, except on the order of the board of
township trustees, duly entered upon its journal, in which the
compensation to be paid for such legal services shall be fixed. Such
compensation shall be paid from the township fund. Nothing in this division confers any of the powers or
duties of a prosecuting attorney under section 309.08 of the
Revised Code upon a township law director. (C) Whenever the board of county commissioners employs an
attorney other than the prosecuting attorney of the county,
without the authorization of the court of common pleas as
provided in section 305.14 of the Revised Code, either for a
particular matter or on an annual basis, to represent the board
of county commissioners in its official capacity and to advise it
on legal matters, the board of county commissioners shall enter
upon its journal an order of the board in which the compensation
to be paid for such legal services shall be fixed. The
compensation shall be paid from the county general fund. The
total compensation paid, in any year, by the board of county
commissioners for legal services under this division shall not
exceed the total annual compensation of the prosecuting attorney
for that county. (D) The prosecuting attorney and the board of county
commissioners jointly may contract with a board of park
commissioners under section 1545.07 of the Revised Code for the prosecuting
attorney to provide legal services to the park
district the board of park commissioners operates. All moneys received
pursuant to such a contract shall be deposited into the
prosecuting attorney's legal services fund, which shall be established in the
county treasury of each county in which such a contract exists. Moneys in
that fund may be appropriated only to the prosecuting attorney for the purpose
f providing legal services under a contract entered into under this
division. Sec. 323.131. Each tax bill prepared and mailed or
delivered under section 323.13 of the Revised Code shall be in
the form and contain the information required by the tax
commissioner. The commissioner may prescribe different forms for
each county and may authorize the county auditor to make up tax
bills and tax receipts to be used by the county treasurer. For any county
in which the board of county commissioners has granted a partial property tax
exemption on homesteads under section 323.158 of the Revised Code, the
commissioner shall
require that the tax bills
for those homesteads include a notice of the amount of the tax reduction that
results from the partial exemption. In addition to the information
required by the
commissioner, each
tax bill shall contain the following information: (A) The taxes levied and the taxes charged and payable
against the property; (B) The effective tax rate. The words "effective tax
rate" shall appear in boldface type. (C) The following notices: (1) "Notice: If the taxes are not paid within one year
from the date they are due, the property is subject to
foreclosure for tax delinquency." Failure to provide such notice
has no effect upon the validity of any tax foreclosure to which a
property is subjected. (2) "Notice: If the taxes charged against this parcel
have been reduced by the 2-1/2 per cent tax reduction for
residences occupied by the owner
but the property is not a residence occupied by the
owner, the owner must notify the county auditor's office not
later than March 31, ..... (insert of the year following the
year for
which the taxes are due). Failure to do so may result in the
owner being convicted of a fourth degree misdemeanor, which is punishable by
imprisonment up to 30 days, a fine up to $250, or both, and in the
owner having to repay the amount by which the taxes were
erroneously or illegally reduced, plus any interest that may apply. If the taxes charged against this parcel have not been
reduced by the 2-1/2 per cent tax reduction and the parcel
includes
a residence occupied by the owner, the parcel may qualify for
the tax reduction.
To
obtain an application for the tax reduction or further information, the owner
may
contact the county auditor's office at .......... (insert the
address and telephone number of the county auditor's office)." (D) For a tract or lot on the real property tax suspension list under
section 319.48 of the Revised Code, the following notice: "Notice: The taxes
shown due on this bill are for the current year only. Delinquent taxes,
penalties, and interest also are due on this property. Contact the county
treasurer to learn the total amount due." The tax bill shall not contain or be mailed or delivered
with any information or material that is not required by this
section or that is not authorized by section 321.45 of the
Revised Code or by the tax commissioner. Sec. 323.153. (A) To obtain a reduction in real property
taxes under division (A) or (B) of section 323.152 of the Revised
Code, the owner shall file an application with the county auditor
of the county in which the owner's homestead is located. (1) An application for reduction based upon a physical
disability shall be accompanied by a certificate signed by a
physician, and an application for reduction based upon a mental
disability shall be accompanied by a certificate signed by a
physician or psychologist licensed to practice in this state,
attesting to the fact that the applicant is permanently and
totally disabled. The certificate shall be in a form that the
tax commissioner requires and shall include the definition of
permanently and totally disabled as set forth in section 323.151
of the Revised Code. An application for reduction based upon a
disability certified as permanent and total by a state or federal
agency having the function of so classifying persons shall be
accompanied by a certificate from that agency. Such an
application constitutes a continuing application for a reduction
in taxes for each year in which the dwelling is the applicant's
homestead and the amount of the reduction in taxable value to
which the applicant is entitled does not exceed either the
amount or
percentage of the reduction to which the applicant was
entitled for the year
in which the application was first filed. (2) An application for a reduction in taxes under division
(B) of section 323.152 of the Revised Code shall
be filed only if
the homestead was transferred in the preceding year or did not
qualify for and receive the reduction in taxes under that
division for the preceding tax year.
The application for homesteads transferred in the preceding year shall
be incorporated into any form used
by the county auditor to administer the tax law in respect to the conveyance
of real
property pursuant to section 319.20 of the
Revised Code, and shall contain a statement that failure by
the applicant to affirm on the application that the dwelling on the property
conveyed is the applicant's homestead disqualifies prohibits the
owner from receiving
the reduction in taxes under this until a proper application is
filed within the period prescribed by division (A)(3) of this
section. Such an application
constitutes a continuing application for a reduction in taxes for
each year in which the dwelling is the applicant's homestead. (3) Failure to receive a new application filed under
division (A)(1) or (2) or notification under division (C) of this
section after a certificate of reduction has been issued under
section 323.154 of the Revised Code is prima-facie evidence that
the original applicant is entitled to the reduction in taxes
calculated on the basis of the information contained in
the original application. The original application and any
subsequent application, including any late application, shall be
in the form of a signed statement and shall be filed after the
first Monday in January and not later than the first Monday in
June. The statement shall be on a form, devised and supplied by
the tax commissioner, which shall require no more information
than is necessary to establish the applicant's eligibility for
the reduction in taxes and the amount of the reduction, and shall
include an affirmation by the applicant that ownership of the
homestead was not acquired from a person, other than a
spouse, related to the owner by consanguinity or affinity for the purpose
of qualifying for the real property tax reduction provided for in
division (A) or (B) of section 323.152 of the Revised Code. The
form shall contain a statement that conviction of willfully
falsifying information to obtain a reduction in taxes or failing
to comply with division (C) of this section results in the
revocation of the right to the reduction for a period of three
years. In the case of an application for a reduction in taxes
under division (A) of section 323.152 of the Revised Code, the
form shall contain a statement that signing the application
constitutes a delegation of authority by the applicant to the
county auditor to examine any financial records relating to
income earned by the applicant as stated on the application for
the purpose of determining a possible violation of division (D) or
(E) of this section. (B) A late application for a tax reduction for the year
preceding the year in which an original application is filed may
be filed with the original application. If the county auditor
determines the information contained in the late application is
correct, the auditor shall determine the amount of the
reduction in taxes to which the applicant would have been entitled for the
preceding tax year had the application been timely filed and
approved in that year. The amount of such reduction shall be treated by the
auditor as an overpayment of taxes by the applicant and shall be
refunded in the manner prescribed in section 5715.22 of the
Revised Code for making refunds of overpayments. On the first
day of July of each year, the county auditor shall certify the
total amount of the reductions in taxes made in the current year
under this division to the tax commissioner, who shall treat the
full amount thereof as a reduction in taxes for the preceding tax
year and shall make reimbursement to the county therefor in the
manner prescribed by section 323.156 of the Revised Code, from
money appropriated for that purpose. (C) If, in any year after an application has been filed
under division (A)(1) or (2) of this section, the
owner does not qualify
for a reduction in taxes on the homestead set forth on such
application, or qualifies for a reduction in taxes that is to be
based upon a reduction in taxable value less than either the
percentage or amount of the reduction in taxable value to which
the owner was entitled in the year the application was
filed, the owner shall notify the county auditor that the
owner is not qualified for a reduction in taxes or file a new application
under division (A)(1) or (2) of this section.
If the county auditor or county treasurer discovers that
the owner of property not entitled to the reduction in taxes
under division (B) of section
323.152 of the Revised Code failed to notify the
county auditor as required by this paragraph, a charge shall be
imposed against the property in the amount by which taxes were
reduced under that division for each tax year the county auditor ascertains
that
the property was not entitled to the reduction and was owned by
the current owner. Interest shall accrue in the manner
prescribed by division (B) of section 323.121
of the Revised Code on the amount by which taxes were
reduced
for each such tax year as if the reduction became delinquent taxes at the
close
of the last day the second installment of taxes for that tax year could be
paid
without penalty. The county auditor shall notify the owner,
by ordinary mail, of the charge, of the owner's right to appeal
the charge, and of the manner in which the owner may appeal.
The owner may appeal the imposition of the charge and interest by filing an
appeal with the county board of revision not later than the last
day prescribed for payment of real and public utility property
taxes under section 323.12 of the
Revised Code following receipt of the
notice and occurring at least ninety days after receipt of the
notice. The appeal shall be treated in the same manner as a
complaint relating to the valuation or assessment of real
property under Chapter 5715. of
the Revised Code. The charge and any interest shall be
collected as other delinquent taxes. Each year during January, the county auditor shall furnish
by ordinary mail a continuing application to each person issued a
certificate of reduction under section 323.154 of the Revised
Code with respect to a reduction in taxes under division (A) of
section 323.152 of the Revised Code. The continuing application
shall be used to report changes in total income that would have
the effect of increasing or decreasing the reduction in taxable
value to which the owner is entitled, changes in ownership of the
homestead, including changes in or revocation of a revocable
inter vivos trust, changes in disability, and other changes in
the information earlier furnished the auditor relative to
the reduction in taxes on the property. The continuing application
shall be returned to the auditor not later than the first Monday
in June; provided, that if such changes do not affect the status
of the homestead exemption or the amount of the reduction to
which the owner is entitled under division (A) of section 323.152
of the Revised Code, the application does not need to be
returned. Each year during February, the county auditor, except as otherwise
provided in this paragraph, shall furnish
by ordinary mail an original application to the owner, as of the
first day of January of that year, of a homestead that
transferred during the preceding calendar year and that qualified
for and received a reduction in taxes under division (B) of
section 323.152 of the Revised Code for the preceding tax year.
In order to receive the reduction under that division, the owner
shall file the application with the county auditor not later than
the first Monday in June. If the application is not timely
filed, the auditor shall not grant a reduction in taxes for the
homestead for the current year, and shall notify the owner that
the reduction in taxes has not been granted, in the same manner
prescribed under section 323.154 of the Revised Code for
notification of denial of an application. Failure of an owner to
receive an application does not excuse the
failure of the owner to file an original application.
The county auditor is not required to furnish an
application under this paragraph for any homestead for which
application has previously been made on a form incorporated into
or accompanying any form used by the county auditor to
administer the tax law in respect to the conveyance of real property, and an
owner who
previously has applied on such a form is not required to return
an application furnished under this paragraph. (D) No person shall knowingly make a false statement for
the purpose of obtaining a reduction in real property taxes
under section 323.152 of the Revised Code. (E) No person shall knowingly fail to notify the county
auditor of changes required by division (C) of this section which
that have the effect of maintaining or securing a reduction in taxable
value of homestead property or a reduction in taxes in excess of
the reduction allowed under section 323.152 of the Revised Code. (F) No person shall knowingly make a false statement or
certification attesting to any person's physical or mental
condition for purposes of qualifying such person for tax relief
pursuant to sections 323.151 to 323.157 of the Revised Code. Sec. 345.04. The form of the ballot cast at a general election, as
provided by sections 345.01 to 345.03, inclusive, of the Revised Code,
shall be: "An
additional tax for the benefit of (name of subdivision) for the purpose of
(state purpose stated in the resolution) at a rate not exceeding ..... mills
for each one dollar of valuation which amounts to (rate expressed in
dollar DOLLARS
and cents) for each one hundred dollars of valuation for (the number of years
the levy is to run)."
| | __________________________________ |
| | For the Tax Levy |
| | __________________________________ |
| | Against the Tax Levy |
| | __________________________________ " |
If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number of years
the levy is to run, the phrase ", beginning in .......... (first month and
year the tax
is to be levied)." The question covered by such the resolution shall be submitted
to the electors as a separate proposition, but it may be printed on the same
ballot with any other proposition submitted at the same election other than
the election of officers. More than one such question may be submitted at the
same election. Sec. 511.28. A copy of any resolution for a tax levy
adopted by the township board of park commissioners as provided
in section 511.27 of the Revised Code shall be certified by the
clerk of the board of park commissioners to the board of
elections of the proper county, together with a certified copy of
the resolution approving the levy, passed by the board of
township trustees if such a resolution is required by division
(C) of section 511.27 of the Revised Code, not less than
seventy-five days before a general or primary election in any
year. The board of elections shall submit the proposal to the
electors as provided in section 511.27 of the Revised Code at the
succeeding general or primary election. A resolution to renew an
existing levy may not be placed on the ballot unless the question
is submitted at the general election held during the last year
the tax to be renewed may be extended on the real and public
utility property tax list and duplicate, or at any election held
in the ensuing year. The board of park commissioners shall cause
notice that the vote will be taken to be published once a week
for four consecutive weeks prior to the election in a newspaper
of general circulation in the county within which the park
district is located. The notice shall state the purpose of the
proposed levy, the annual rate proposed expressed in dollars and
cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, the number of consecutive
years during which the levy shall be in effect, and the time and
place of the election. The form of the ballots cast at the election shall be: "An
additional tax for the benefit of (name of township park
district) .......... for the purpose of (purpose stated in the
order of the board) .......... at a rate not exceeding ..........
mills for each one dollar of valuation, which amounts to (rate
expressed in dollars and cents) .......... for each one hundred
dollars of valuation, for (number of years the levy is to run)
.......... _________________________________
FOR THE TAX LEVY
_________________________________
AGAINST THE TAX LEVY
_________________________________ ."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
this section may be changed by substituting for the words "An
additional" at the beginning of the form, the words "A renewal of
a" in the case of a proposal to renew an existing levy in the
same amount; the words "A renewal of .......... mills and an
increase of .......... mills to constitute a" in the case of an
increase; or the words "A renewal of part of an existing levy,
being a reduction of .......... mills, to constitute a" in the
case of a decrease in the rate of the existing levy. If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number of years
the levy is to run, the phrase ", beginning in .......... (first month and
year the tax
is to be levied)." The question covered by the order shall be submitted as a
separate proposition, but may be printed on the same ballot with
any other proposition submitted at the same election, other than
the election of officers. More than one such question may be
submitted at the same election. Sec. 715.70. (A) This section and section 715.71 of the Revised
Code apply only to: (1) Municipal corporations and townships within a county that
has adopted a charter under Sections 3 and 4 of Article X, Ohio
Constitution. (2) Municipal corporations and townships that have created a joint
economic development district comprised entirely of real property
owned by a municipal corporation. The real property owned by the
municipal corporation shall include an airport owned by the
municipal corporation and located entirely beyond the municipal
corporation's corporate boundary. (3) Municipal corporations or townships that are part of or
contiguous to a
transportation improvement district created under Chapter 5540.
of the Revised Code and that have created a joint economic development
district under this section or section 715.71 of the Revised Code prior to
the
effective date of this amendment November 15,
1995. (B)(1) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district an area or areas for the
purpose of facilitating economic development to create or
preserve jobs and employment opportunities and to improve the
economic welfare of the people in the state and in the area of
the contracting parties. Any interested person, other than a
political subdivision, may bring a civil action within thirty
days after the executed copy of the contract is filed with the
county recorder pursuant to division (B)(5) of this section challenging
whether the
contract satisfies the purposes of a joint economic development
district as described in this section. The area of land to be
included in the district shall not include any parcel of land
owned in fee by a municipal corporation or a township or parcel
of land that is leased to a municipal corporation or a township,
unless the municipal corporation or township is a party to the
contract or unless the municipal corporation or township has
given its consent to have its parcel of land included in the
district by the adoption of a resolution. As used in this
division, "parcel of land" means any parcel of land owned by a
municipal corporation or a township for at least a six-month
period within a five-year period prior to the creation of a
district, but "parcel of land" does not include streets or public
ways and sewer, water, and other utility lines whether owned in
fee or otherwise. The district created shall be located within the territory
of one or more of the participating parties and may consist of
all or a portion of such territory. The boundaries of the
district shall be described in the contract or in an addendum to
the contract. (2) Where a municipal corporation is located within one-quarter
mile of a proposed joint economic
development district and is not otherwise a party to the proposed
contract, the participating parties shall afford the municipal
corporation the reasonable opportunity, for a period of not less
than thirty days following receipt of notice of such opportunity
from the participating parties, to meet and confer with the
participating parties to determine whether the municipal
corporation will participate in the joint economic development
district. Prior to the public hearing to be held pursuant to division
(D)(2) of this section, the participating parties shall give a
copy of the proposed contract to each municipal corporation
located within one-quarter mile of the proposed joint economic development
district and not
otherwise a party to the contract, and afford the municipal
corporation the reasonable opportunity, for a period of thirty
days following receipt of the proposed contract, to make comments
and suggestions to the participating parties regarding elements
contained in the proposed contract. Prior to the public hearing,
the participating parties may include in the contract any of the
suggestions or recommendations made by any such municipal
corporation. (3) The district shall not exceed two thousand acres in area. The territory
of the district shall not completely surround
territory that is not included within the boundaries of the
district. (4) Sections 503.07 to 503.12 of the Revised Code do not apply
to territory included within a district created pursuant to this
section as long as the contract creating the district is in
effect, unless the legislative authority of each municipal
corporation and the board of township trustees of each township
included in the district consent, by ordinance or resolution, to
the application of those sections of the Revised Code. (5) Upon the execution of the contract creating the district by
the parties to the contract, a participating municipal
corporation or township included within the district shall file a
copy of the fully executed contract with the county recorder of each county
within which a party to the contract is located, in the miscellaneous records
of the county. No annexation
proceeding pursuant to Chapter 709. of the Revised Code that
proposes the annexation to, merger, or consolidation with a
municipal corporation of any unincorporated territory within the
district shall be commenced for a period of three years after the
contract is filed with the county recorder of each county within which a party
to the contract is located unless each board of
township trustees whose territory is included, in whole or part,
within the district and the territory proposed to be annexed,
merged, or consolidated adopts a resolution consenting to the
commencement of the proceeding and a copy of the resolution is
filed with the clerk of the board of county commissioners of each county
within which a party to the contract is located or
unless the contract is terminated during this period. The contract entered into between the municipal
corporations and townships pursuant to this section may provide
for the prohibition of any annexation by the participating
municipal corporations of any unincorporated territory within the
district beyond the three-year mandatory prohibition of any
annexation provided for in division (B)(5) of this section. (C)(1) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district pursuant to this section, and after
a contract has been signed, the municipal corporations and
townships shall jointly file a petition with the legislative
authority of each county within which a party to the contract is located.
Copies of the ordinances, resolutions,
and contract shall be attached to the petition. The petition
shall contain all of the following: (a) A statement that the area of the district is not
greater than two thousand acres and is located within the
territory of one or more of the contracting parties; (b) A brief summary of the services to be provided by each
party to the contract; (c) A legal description of the area to be designated as
the district; (d) The signature of a representative of each of the
contracting parties; (e) The signatures of a majority of those persons who are
owners of property located within the area to be designated as
the district and the signatures of those persons who are owners
of the majority of acreage located within the district. The legislative authority of each county within which a party to the contract
is located shall hold a public
hearing concerning the joint economic development district
contract within thirty days after the filing of the petition and
shall publish notice of the time and place of the public hearing
in a newspaper of general circulation in the county at least
fourteen days prior to the hearing. During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of each county within which a party to the contract is
located. (2) After the public hearing on the petition relating to
the creation of a joint economic development district has been
held, the legislative authority of each county within which a party to the
contract is located shall adopt a
resolution approving the petition for the creation of the
district if the petition meets the requirements of division
(C)(1) of this section. If the petition does not meet the requirements of
that division, the legislative authority of any county within which a party to
the contract is located may adopt a resolution disapproving the petition for
the creation of the district. The legislative authority of each county within
which a party to the contract is located shall adopt a resolution approving or
disapproving the petition
within sixty days after the public hearing was held. If the legislative
authority of each such county does not adopt the
resolution within the sixty-day period, the
petition shall be deemed approved and the contract shall go into
effect no sooner than thirty days after that approval. (D)(1) The contract creating the district shall set forth
or provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but
are not limited to the provision of services, money, real or
personal property, facilities, or equipment. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that those services, facilities, or
improvements, or expanded or additional capacity for or
enhancement of existing services, facilities, or improvements,
required herein have been provided within the two-year period
prior to the execution of the contract. (2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing
in a newspaper of general circulation in the municipal
corporation and the township. The board of township trustees
shall provide notice to township residents in accordance with
section 505.07 9.03 of the Revised Code and the notice shall
include: the public hearing announcement; a summary of the terms of the
contract; a disclosure of the fact that the entire text of the
contract and district maps and plans are on file for public
examination in the office of the township clerk; and information
pertaining to any tax changes which will or may occur as a result
of the contract. During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township clerk. The public hearing provided for in division (D)(2) of this
section shall allow for public comment and recommendations from the
public on the proposed contract. (3) Any resolution of the board of township trustees that
approves a contract that creates a joint economic development
district pursuant to this section shall be subject to a
referendum of the electors of the township. When a referendum
petition, signed by ten per cent of the number of electors in the
township who voted for the office of governor at the most
recent general election for the office of governor, is
presented to the board of township trustees within thirty days
after the board of township trustees adopted the resolution,
ordering that the resolution be submitted to the electors of the
township for their approval or rejection, the board of township
trustees shall, after ten days and not later than four p.m. of
the seventy-fifth day before the election, certify the text of
the resolution to the board of elections. The board of elections
shall submit the resolution to the electors of the township for
their approval or rejection at the next general,
primary, or special election occurring subsequent to
seventy-five days after the certifying of the petition to the
board of elections. (E) The district created by the contract shall be governed
by a board of directors that shall be established by or pursuant
to the contract. The board is a public body for the purposes of
section 121.22 of the Revised Code. The provisions of Chapter
2744. of the Revised Code apply to the board and the district.
The members of the board shall be appointed as provided in the
contract from among the elected members of the legislative
authorities and the elected chief executive officers of the
contracting parties, provided that there shall be at least two
members appointed from each of the contracting parties. (F) The contract shall enumerate the specific powers,
duties, and functions of the board of directors of a district,
and the contract shall provide for the determination of
procedures that are to govern the board of directors. The
contract may grant to the board the power to adopt a resolution to levy an
income tax within the district. The income tax shall be used for the
purposes of the district and for the purposes of the contracting
municipal corporations and townships pursuant to the contract. The income tax
may be levied in the district based upon income
earned by persons working or residing within the district and
upon the net profits of businesses located in the district. The
income tax is subject to Chapter 718. of the Revised Code, except
that a vote shall be required by the electors residing in the
district to approve the rate of income tax. If no electors
reside within the district, then division (F)(4) of this section
applies. The rate of the income tax shall be no higher than the
highest rate being levied by a municipal corporation that is a
party to the contract. (1) Within one hundred eighty days after the first meeting
of the board of directors, the board may levy an income tax at a
rate that is not higher than the highest rate being levied by a
municipal corporation that is a party to the contract, provided
that the rate of the income tax is first submitted to and
approved by the electors of the district at the succeeding
regular or primary election, or a special election called by the
board, occurring subsequent to seventy-five days after a
certified copy of the resolution levying the income tax and
calling for the election is filed with the board of elections. If the voters
approve the levy of the income tax, the income tax
shall be in force for the full period of the contract
establishing the district. Any increase in the rate of an income
tax that was first levied within one hundred eighty days after
the first meeting of the board of directors shall be approved by
a vote of the electors of the district and shall be in force for
the remaining period of the contract establishing the district. (2) Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be
subject to a referendum as provided in division (F)(2) of this
section. Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be
subject to an initiative proceeding to amend or repeal the
resolution levying the income tax as provided in division (F)(2)
of this section. When a referendum petition, signed by ten per
cent of the number of electors in the district who voted for the
office of governor at the most recent general election for the
office of governor, is filed with the county auditor of each county within
which a party to the contract is located within
thirty days after the resolution is adopted by the board or when
an initiative petition, signed by ten per cent of the number of
electors in the district who voted for the office of governor at
the most recent general election for the office of governor,
is filed with the county auditor of each such county ordering that a
resolution to
amend or repeal a prior resolution levying an income tax be
submitted to the electors within the district for their approval
or rejection, the county auditor of each such county, after ten days and not
later than four p.m. of the seventy-fifth day before the
election, shall certify the text of the resolution to the board of
elections of that county. The county auditor of each such county shall retain
the petition. The
board of elections shall submit the resolution to such electors,
for their approval or rejection, at the next general,
primary, or special election occurring subsequent to
seventy-five days after the certifying of such petition to the
board of elections. (3) Whenever a district is located in the territory of
more than one contracting party, a majority vote of the electors
in each of the several portions of the territory of the
contracting parties constituting the district approving the levy
of the tax is required before it may be imposed pursuant to this
division. (4) If there are no electors residing in the district, no
election for the approval or rejection of an income tax shall be
held pursuant to this section, provided that where no electors
reside in the district, the maximum rate of the income tax that
may be levied shall not exceed one per cent. (5) The board of directors of a district levying an income
tax shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district.
The resolution levying the income tax shall provide the same
credits, if any, to residents of the district for income taxes
paid to other such districts or municipal corporations where the
residents work, as credits provided to residents of the municipal
corporation administering the income tax. (6)(a) The board shall publish or post public notice
within the district of any resolution adopted levying an income
tax in the same manner required of municipal corporations under
sections 731.21 and 731.25 of the Revised Code. (b) Except as otherwise specified by this division, any
referendum or initiative proceeding within a district shall be
conducted in the same manner as is required for such proceedings
within a municipal corporation pursuant to sections 731.28 to
731.40 of the Revised Code. (G) Membership on the board of directors does not
constitute the holding of a public office or employment within
the meaning of any section of the Revised Code or any charter
provision prohibiting the holding of other public office or
employment, and shall not constitute an interest, either direct
or indirect, in a contract or expenditure of money by any
municipal corporation, township, county, or other political
subdivision with which the member may be connected. No member of
a board of directors shall be disqualified from holding any
public office or employment, nor shall such member forfeit or be
disqualified from holding any such office or employment, by
reason of the member's membership on the board of directors,
notwithstanding any law or charter provision to the contrary. (H) The powers and authorizations granted pursuant to this
section or section 715.71 of the Revised Code are in addition to and not in
the derogation of all other
powers granted to municipal corporations and townships pursuant
to law. When exercising a power or performing a function or duty
under a contract authorized pursuant to this section or section 715.71 of the
Revised Code, a municipal
corporation may exercise all of the powers of a municipal
corporation, and may perform all the functions and duties of a
municipal corporation, within the district, pursuant to and to
the extent consistent with the contract. When exercising a power
or performing a function or duty under a contract authorized
pursuant to this section or section 715.71 of the Revised Code, a township may
exercise all of the
powers of a township, and may perform all the functions and
duties of a township, within the district, pursuant to and to the
extent consistent with the contract. The district board of
directors has no powers except those specifically set forth in
the contract as agreed to by the participating parties. No
political subdivision shall authorize or grant any tax
exemption
pursuant to Chapter 1728. or section 3735.67, 5709.62,
5709.63, or 5709.632 of the Revised Code on any
property located within the
district. The prohibition for any tax exemption
pursuant to this division shall not apply to any exemption filed,
pending, or approved before the effective date of the contract entered into
by the parties. (I) Municipal corporations and townships may enter into
binding agreements pursuant to a contract authorized under this
section or section 715.71 of the Revised Code with respect to the substance
and administration of
zoning and other land use regulations, building codes, public
permanent improvements, and other regulatory and proprietary
matters that are determined, pursuant to the contract, to be for
a public purpose and to be desirable with respect to the
operation of the district or to facilitate new or expanded
economic development in the state or the district, provided that
no contract shall exempt the territory within the district from
the procedures and processes of land use regulation applicable
pursuant to municipal corporation, township, and county
regulations, including but not limited to procedures and
processes concerning zoning. (J) A contract entered into pursuant to this section or section 715.71 of the
Revised Code may
be amended and it may be renewed, canceled, or terminated as
provided in or pursuant to the contract. The contract shall
continue in existence throughout its term and shall be binding on
the contracting parties and on any entities succeeding to such
parties, whether by annexation, merger, or otherwise. The income
tax levied by the board pursuant to this section or section 715.71 of the
Revised Code shall apply in
the entire district throughout the term of the contract,
notwithstanding that all or a portion of the district becomes
subject to annexation, merger, or incorporation. No township or
municipal corporation is divested of its rights or obligations
under the contract because of annexation, merger, or succession
of interests. Sec. 1545.21. The board of park commissioners, by
resolution, may submit to the electors of the park district the
question of levying taxes for the use of the district. Such The
resolution shall declare the necessity of levying such taxes,
shall specify the purpose for which such taxes shall be used, the
annual rate proposed, and the number of consecutive years such
the
rate shall be levied. Such resolution shall be forthwith
certified to the board of elections in each county in which any
part of such district is located, not later than the
seventy-fifth day before the day of the election, and the
question of the levy of taxes as provided in such resolution
shall be submitted to the electors of the district at a special
election to be held on whichever of the following occurs first: (A) The day of the next general election; (B) The first Tuesday after the first Monday in
May in any calendar year, except that if a presidential primary
election is held in that calendar year, then the day of that election.
The ballot shall set forth the purpose for
which the taxes shall be levied, the annual rate of levy, and the
number of years of such levy. If the tax is to be placed on the current
tax list, the form of the ballot shall state that the tax will be levied in
the current tax year and shall indicate the month of that year when the tax
will first be levied. If the resolution of the board of park
commissioners provides that an existing levy will be canceled upon the passage
of the new levy, the ballot may include a statement that: "an existing levy
of ... mills (stating the original levy millage), having ... years remaining,
will be canceled and replaced upon the passage of this levy." In such case,
the ballot may refer to the new levy as a "replacement levy" if the new
millage does not exceed the original millage of the levy being canceled or as
a "replacement and additional levy" if the new millage exceeds the original
millage of the levy being canceled. If a majority of the electors
voting upon the question of such levy vote in favor thereof, such
taxes shall be levied and shall be in addition to the taxes
authorized by section 1545.20 of the Revised Code, and all other
taxes authorized by law. The rate submitted to the electors at
any one time shall not exceed two mills annually upon each dollar
of valuation. When a tax levy has been authorized as provided in
this section or in section 1545.041 of the Revised Code, the
board of park commissioners may issue bonds pursuant to section
133.24 of the Revised Code in anticipation of the collection of
such levy, provided that such bonds shall be issued only for the
purpose of acquiring and improving lands. Such levy, when
collected, shall be applied in payment of the bonds so issued and
the interest thereon. The amount of bonds so issued and
outstanding at any time shall not exceed one per cent of the
total tax valuation in such district. Such bonds shall bear
interest at a rate not to exceed the rate determined as provided
in section 9.95 of the Revised Code. Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows: (A) There shall be a clerk of the court who is appointed
or elected as follows: (1)(a) Except in the Akron, Medina, Clermont county,
Hamilton
county, Portage county, and Wayne county municipal courts, if the
population of the territory equals or exceeds one hundred
thousand at the regular municipal election immediately preceding the
expiration of the term of the present clerk, the clerk shall be
nominated and elected by the qualified electors of the territory
in the manner that is provided for the nomination and election of
judges in section 1901.07 of the Revised Code. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January following the
clerk's election and continue until the clerk's successor is elected
and qualified. (b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county treasury in semimonthly installments and is in addition to
the annual compensation that is received for the performance of
the duties of the clerk of courts of Hamilton county, as provided
in sections 325.08 and 325.18 of the Revised Code. (c) In the Portage county and Wayne county municipal
courts, the clerks of courts of Portage county and Wayne county
shall be the clerks, respectively, of the Portage county and
Wayne county municipal courts and may appoint a chief deputy
clerk for each branch that is established pursuant to section
1901.311 of the Revised Code, and assistant clerks as the judges
of the municipal court determine are necessary, all of whom shall
receive the compensation that the legislative authority
prescribes. The clerks of courts of Portage county and Wayne
county, acting as the clerks of the Portage county and Wayne
county municipal courts and assuming the duties of these offices,
shall receive compensation payable from the county treasury in semimonthly
installments at one-fourth the rate that is prescribed for the clerks of
courts of common pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of the Revised
Code. (d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by primary election. The primary election shall be held on the
day specified in the charter of the city of Akron for the
nomination of municipal officers. Notwithstanding section
3513.257 of the Revised Code, the nominating petitions of
independent candidates shall be signed by at least two hundred
fifty qualified electors of the territory of the court. The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or 3513.261 of the Revised Code. The declaration of candidacy
and petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed
by any person for nomination as a candidate of a particular
political party for election to the office of clerk of the Akron
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be submitted to the qualified electors of the territory of the
court in the manner that is provided in section 1901.07 of the
Revised Code for the election of the judges of the court. The
clerk so elected shall hold office for a term of six years, which
term shall commence on the first day of January following the clerk's
election, and continue until the clerk's successor is elected and
qualified. (e) In the Clermont county municipal court, the clerk of
courts of Clermont county shall be the clerk of the municipal
court. The clerk of courts of Clermont county, acting as the
clerk of the Clermont county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county treasury in semimonthly installments and is in addition to
the annual compensation that is received for the performance of
the duties of the clerk of courts of Clermont county, as provided
in sections 325.08 and 325.18 of the Revised Code. (f) Irrespective of the population of the territory of the
Medina municipal court, the clerk of that court shall be appointed
pursuant to division (A)(2)(a) of this section by the
judges of that court, shall hold office until the clerk's successor is
similarly appointed and qualified, and shall receive pursuant to division
(C) of this section the annual compensation that the legislative
authority prescribes and that is payable in semimonthly installments from the
same sources and in the same manner as provided in section 1901.11 Of the Revised Code. (2)(a) Except in for the Alliance, Auglaize county, Lorain,
Massillon, and Youngstown municipal courts, if in a municipal court
for which the population of
the territory is less than one hundred thousand and in the Medina
municipal court, the clerk shall
be appointed by the court, and the clerk shall hold office until
the clerk's successor is appointed and qualified. (b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section. (c) In the Auglaize county municipal court, the clerk of
courts of Auglaize county shall be the clerk of the municipal
court and may appoint a chief deputy clerk for each branch that
is established pursuant to section 1901.311 of the Revised Code,
and assistant clerks as the judge of the court determines are
necessary, all of whom shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Auglaize county, acting as the clerk of the Auglaize county
municipal court and assuming the duties of that office, shall
receive compensation payable from the county treasury in semimonthly
installments at one-fourth the rate that is prescribed for the clerks of
courts of common pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of the Revised
Code. (3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation and,
have
the same authority, and perform the same duties, as the clerk. (B) Except in the Clermont county, Hamilton county,
Medina,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the date, time, and place
of the meeting and its purpose. A majority of all such members of
that county central committee constitutes a quorum, and a
majority of the quorum is
required to make the appointment. If the office so vacated was
occupied or was to be occupied by a person not nominated at a
primary election, or if the appointment was not made by the
committee members in accordance with this division, the court
shall make an appointment to fill the vacancy. A successor shall
be elected to fill the office for the unexpired term at the first
municipal election that is held more than one hundred twenty days
after the vacancy occurred. (C) In a municipal court, other than the Auglaize county
municipal court, for which the population of the territory is
less than one hundred thousand and in the Medina municipal
court, the clerk of a municipal court
shall receive the annual compensation that the legislative
authority prescribes. In a municipal court, other than the
Clermont county, Hamilton county, Medina, Portage
county, and Wayne
county municipal courts, for which the population of the territory
is one hundred thousand or more, the clerk of a municipal court
shall receive annual compensation in a sum equal to eighty-five
per cent of the salary of a judge of the court. The compensation
is payable in semimonthly installments from the same sources and
in the same manner as provided in section 1901.11 of the Revised
Code. (D) Before entering upon the duties of the clerk's office, the
clerk of a municipal court shall give bond of not less than six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties as
clerk. (E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the court to all writs, process, subpoenas, and papers issuing
out of the court; and approve all bonds, sureties, recognizances,
and undertakings fixed by any judge of the court or by law. The clerk may
refuse to accept for filing any pleading or paper submitted for filing by a
person who has been found to be a vexatious litigator under section 2323.52
of the Revised Code and who has failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals, records, books, and papers belonging or appertaining to
the court; record the proceedings of the court; perform all other
duties that the judges of the court may prescribe; and keep a
book showing all receipts and disbursements, which book shall be
open for public inspection at all times. The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket, the clerk shall enter, at the time of the commencement of
an action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of summons or
other process, returns, and any subsequent pleadings. The clerk
also shall enter all reports, verdicts, orders, judgments, and
proceedings of the court, clearly specifying the relief granted
or orders made in each action. The court may order an extended
record of any of the above to be made and entered, under the
proper action heading, upon the docket at the request of any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court. (F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The clerk
shall each month disburse to the proper persons or officers, and
take receipts for, all costs, fees, fines, bail, and other moneys
that the clerk collects. Subject to sections 3375.50 and 4511.193
of
the Revised Code and to any other section of the Revised Code
that requires a specific manner of disbursement of any moneys
received by a municipal court and except for the Hamilton county,
Lawrence county, and Ottawa county municipal courts, the clerk shall pay all
fines received for violation of municipal ordinances into the
treasury of the municipal corporation the ordinance of which was
violated and shall pay all fines received for violation of
township resolutions adopted pursuant to Chapter 504. of the
Revised Code into the treasury of the township the resolution of
which was violated. Subject to sections 1901.024 and 4511.193 of
the Revised Code, in the Hamilton county, Lawrence county, and Ottawa county
municipal courts, the clerk shall pay fifty per cent of the fines
received for violation of municipal ordinances and fifty per cent
of the fines received for violation of township resolutions
adopted pursuant to Chapter 504. of the Revised Code into the
treasury of the county. Subject to sections 3375.50, 3375.53,
4511.99, and 5503.04 of the Revised Code and to any other section
of the Revised Code that requires a specific manner of
disbursement of any moneys received by a municipal court, the
clerk shall pay all fines collected for the violation of state
laws into the county treasury. Except in a county-operated
municipal court, the clerk shall pay all costs and fees the
disbursement of which is not otherwise provided for in the
Revised Code into the city treasury. The clerk of a
county-operated municipal court shall pay the costs and fees the
disbursement of which is not otherwise provided for in the
Revised Code into the county treasury. Moneys deposited as
security for costs shall be retained pending the litigation. The
clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases, which shall be a
permanent public record of the office. On the expiration of the
term of the clerk, the clerk shall deliver the records to the clerk's
successor. The clerk shall have other powers and duties as are prescribed by
rule or order of the court. (G) All moneys paid into a municipal court shall be noted
on the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into the treasury of the county in which the court is located. On the first Monday in January of each year, the clerk
shall make a list of the titles of all cases in the court that
were finally determined more than one year past in which there
remains unclaimed in the possession of the clerk any funds, or
any part of a deposit for security of costs not consumed by the
costs in the case. The clerk shall give notice of the moneys to
the parties who are entitled to the moneys or to their attorneys
of record. All the moneys remaining unclaimed on the first day
of April of each year shall be paid by the clerk to the city
treasurer, except that, in a county-operated municipal court, the
moneys shall be paid to the treasurer of the county in which the
court is located. Any The treasurer shall pay any part of the
moneys shall be paid by the
treasurer at any time to the person who has the right to the
moneys, upon proper certification of the clerk. (H) Deputy clerks may be appointed by the clerk and shall
receive the compensation, payable in semimonthly installments out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in which the court is located. Each deputy clerk shall take an
oath of office before entering upon the duties of the deputy clerk's office
and, when so qualified, may perform the duties appertaining to the
office of the clerk. The clerk may require any of the deputy
clerks to give bond of not less than three thousand dollars,
conditioned for the faithful performance of the deputy clerk's duties. (I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population of the territory prior to the most recent regular
federal census exceeded one hundred thousand, the legislative
authority of the municipal corporation may declare, by
resolution, that the territory shall be considered to have a
population of at least one hundred thousand. (J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts. Sec. 1905.05. (A) A mayor of a municipal corporation that
has a mayor's court may appoint a person as mayor's court
magistrate to hear and determine prosecutions and criminal causes
in the mayor's court that are within the jurisdiction of the
mayor's court, as set forth in section 1905.01 of the Revised
Code. No person shall be appointed as a mayor's court magistrate
unless the person has been admitted to the practice of law in
this state and, for a total of at least three years preceding
the person's
appointment or the commencement of the person's service as
magistrate, has
been engaged in the practice of law in this state or served as a
judge of a court of record in any jurisdiction in the United
States, or both. A person appointed as a mayor's court magistrate under this
division is entitled to hear and determine prosecutions and
criminal causes in the mayor's court that are within the
jurisdiction of the mayor's court, as set forth in section
1905.01 of the Revised Code. If a mayor is prohibited from
hearing or determining a prosecution or cause that charges a
person with a violation of section 4511.19 of the Revised Code or
with a violation of a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine due to the operation of division (C) of section 1905.03
of the Revised Code, or is prohibited from hearing or determining
any other prosecution or cause due to the operation of division
(C) of section 1905.031 of the Revised Code, the
prohibition
against the mayor hearing or determining the prosecution or cause
does not affect and shall not be construed as affecting the
jurisdiction or authority of a person appointed as a mayor's
court magistrate under this division to hear and determine the
prosecution or cause in accordance with this section. In hearing
and determining such prosecutions and causes, the magistrate has
the same powers, duties, and authority as does a mayor who
conducts a mayor's court to hear and determine prosecutions and
causes in general, including, but not limited to, the power and
authority to decide the prosecution or cause, enter judgment, and
impose sentence; the powers, duties, and authority granted to
mayors of mayor's courts by this chapter, in relation to the
hearing and determination of prosecutions and causes in mayor's
courts; and the powers, duties, and authority granted to mayors
of mayor's courts by any other provision of the Revised Code, in
relation to the hearing and determination of prosecutions and
causes in mayor's courts. A judgment entered and a sentence
imposed by a mayor's court magistrate do not have to be reviewed
or approved by the mayor who appointed the magistrate, and
have the same
force and effect as if they had been entered or imposed by the
mayor. A person appointed as a mayor's court magistrate under this
division is not entitled to hear or determine any prosecution or
criminal cause other than prosecutions and causes that are within
the jurisdiction of the mayor's court, as set forth in section
1905.01 of the Revised Code. The A municipal corporation that a mayor's court magistrate serves
shall pay the compensation for the services of a mayor's court
the
magistrate, which shall be either a fixed annual salary
set by the legislative
authority of the municipal corporation that the magistrate
serves and shall
be paid by the municipal corporation or a fixed annual amount or fees
for services rendered set under a contract the magistrate and the municipal
corporation enter into.
(B) The appointment of a person as a mayor's court
magistrate under division (A) of this section does not preclude
the mayor that appointed the magistrate, subject to the
limitation contained
in section 1905.03 and the limitation contained in section
1905.031 of the Revised Code, from also hearing and determining
prosecutions and criminal causes in the mayor's court that are
within the jurisdiction of the mayor's court, as set forth in
section 1905.01 of the Revised Code. Sec. 3709.085. (A) The board of health of a city or
general health district may enter into a contract with any
political subdivision or other governmental agency to obtain or
provide all or part of any services, including, but not limited
to, enforcement services, for the purposes of Chapter 3704. of
the Revised Code, the rules adopted and orders made pursuant
thereto, or any other ordinances or rules for the prevention,
control, and abatement of air pollution. (B)(1) As used in division (B)(2) of this section: (a) "Semipublic disposal system" means a disposal system
which that treats the sanitary sewage discharged from publicly
or
privately owned buildings or places of assemblage, entertainment,
recreation, education, correction, hospitalization, housing, or
employment, but does not include a disposal system which that
treats sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt
from the requirements of section 6111.04 of the Revised Code
pursuant to division (F) of that section; or a disposal system
for the treatment of industrial waste. (b) Terms defined in section 6111.01 of the Revised Code
have the same meaning meanings as in that section. (2) The board of health of a city or general health
district may enter into a contract with the environmental
protection agency to conduct on behalf of the agency inspection
or enforcement services, for the purposes of Chapter 6111. and
section 1541.21 of the Revised Code and rules adopted thereunder,
for the disposal or treatment of sewage from single-family,
two-family, or three-family dwellings located in special sanitary
districts designated by section 1541.21 of the Revised Code, for
the disposal or treatment of sewage from semipublic disposal
systems, or for both. The board of health of a city or general
health district may charge a fee established pursuant to section
3709.09 of the Revised Code to be paid by the holder owner or
operator of a permit under Chapter 6111. of the Revised Code
semipublic disposal system or the owner or resident
of any such dwelling located in a special sanitary district for
inspections conducted by the board pursuant to a contract entered
into under this division (B)(2) of this section, except
that the board shall not charge
a fee for those inspections conducted at any manufactured home
park, recreational vehicle park, recreation camp, or combined
park-camp that is licensed under section 3733.03 of the Revised
Code. Sec. 5705.03. (A) The taxing authority of each subdivision may
levy taxes
annually, subject to the limitations of sections 5705.01 to 5705.47,
inclusive,
of the Revised Code, on the real and personal property within the subdivision
for the purpose of paying the current operating expenses of the subdivision
and
acquiring or constructing permanent improvements. The taxing authority of
each
subdivision and taxing unit shall, subject to the limitations of such
sections,
levy such taxes annually as are necessary to pay the interest and sinking fund
on and retire at maturity the bonds, notes, and certificates of indebtedness
of
such subdivision and taxing unit, including levies in anticipation of which
the
subdivision or taxing unit has incurred indebtedness. All (B) When a taxing authority determines that it is
necessary to levy a tax outside the ten-mill limitation for any purpose
authorized by the Revised Code, the taxing authority shall
certify to
the county auditor a resolution or ordinance requesting that the county
auditor
certify to the taxing authority the total current tax valuation of the
subdivision, and the number of mills required to generate a specified amount
of
revenue, or the dollar amount of revenue that would be generated by a
specified
number of mills. the resolution or ordinance shall state the purpose of the
tax, whether the tax is an additional levy or a renewal or a replacement of an
existing tax, and the section of the Revised Code
authorizing submission of the question of
the tax. if a subdivision is located in more than one county, the county
auditor shall OBTAIN from the county auditor of each other county in which the
subdivision is located the current tax valuation for the portion of the
subdivision in that county. if, upon receiving the CERTIFICATION from the
county auditor, the taxing authority proceeds with the submission of the
question of the tax to electors, the taxing authority shall certify its
resolution to the proper county board of elections in the manner and within
the
time prescribed by the section of the Revised Code GOVERNING
submission of the question, and
shall include with its certification the rate of the tax levy, expressed in
mills for each one dollar in tax valuation
as estimated by the county auditor.
Before requesting a taxing authority to submmit a tax levy, any agency or
authority authorized to make that request shall first request the
certification from the county auditor
provided under this section. This division is supplemental to, and not in derogation of, any similar
requirement governing the certification by the county auditor of the tax
valuation
of a subdivision or necessary tax rates for the purposes of the submission of
the QUESTION of a tax in excess of the ten-mill limitation, including sections
133.18 and 5705.195 of the Revised Code. (C) All
taxes levied on
property shall be extended on the tax duplicate by the county auditor of the
county in which the property is located, and shall be collected by the county
treasurer of such county in the same manner and under the same laws,
and rules, and
regulations as are prescribed for the assessment and collection of county
taxes. The proceeds of any tax levied by or for any subdivision when received
by its fiscal officer shall be deposited in its treasury to the credit of the
appropriate fund. Sec. 5705.192. (A) For the purposes of this section only,
"taxing authority" includes a township board of park commissioners appointed
under section 511.18 of the Revised Code. A taxing authority may propose to
replace an existing levy that the taxing authority is authorized
to levy, regardless of the section of the Revised Code under
which the authority is granted, except a school district
emergency levy proposed pursuant to sections 5705.194 to 5705.197
of the Revised Code. The taxing authority may propose to replace
the existing levy in its entirety at the rate at which it is
authorized to be levied; may propose to replace a portion of the
existing levy at a lesser rate; or may propose to replace the
existing levy in its entirety and increase the rate at which it
is levied. If the taxing authority proposes to replace an
existing levy, the proposed levy shall be called a replacement
levy and shall be so designated on the ballot. A replacement
levy shall be limited to the purpose of the existing levy, shall
appear separately on the ballot from, and shall not be conjoined
with the renewal of any other existing levy. The resolution
proposing a replacement levy shall specify the purpose of the
levy; its proposed rate expressed in mills; whether the proposed
rate is the same as the rate of the existing levy, a reduction,
or an increase; the extent of any reduction or increase expressed
in mills; the first year in which the levy will be imposed; and
the term of the levy, expressed in years or, if applicable, that
it will be levied for a continuing period of time. The sections of the Revised Code governing the maximum rate
and term of the existing levy, the contents of the resolution
that proposed the levy, the adoption of the resolution, the
arrangements for the submission of the question of the levy, and
notice of the election also govern the respective provisions of
the proposal to replace the existing levy, except that the date
on which the election is held shall be as follows: (1) For the replacement of a levy with a fixed term of
years, the date of the general election held during the last year
the existing levy may be extended on the real and public utility
property tax list and duplicate, or the date of any election held
in the ensuing year; (2) For the replacement of a levy imposed for a continuing
period of time, the date of any election held in any year after
the year the levy to be replaced is first approved by the
electors, except that only one election on the question of
replacing the levy may be held during any calendar year. The failure by the electors to approve a proposal to
replace a levy imposed for a continuing period of time does not
terminate the existing continuing levy. (B) The form of the ballot at the election on the question
of a replacement levy shall be as follows: "A replacement of a tax for the benefit of .......... (name
of subdivision or public library) for the purpose of ..........
(the purpose stated in the resolution) at a rate not exceeding
.......... mills for each one dollar of valuation, which amounts
to .......... (rate expressed in dollars and cents) for each one
hundred dollars in valuation, for .......... (number of years
levy is to run, or that it will be levied for a continuous period
of time) ______________________________________
FOR THE TAX LEVY
______________________________________
AGAINST THE TAX LEVY
______________________________________ ."
If the proposal is to replace an existing levy and increase
the rate of the existing levy, the form of the ballot shall be
changed by adding the words ".......... mills of an existing levy
and an increase of .......... mills, to constitute" after the
words "a replacement of." If the proposal is to replace only a
portion of an existing levy, the form of the ballot shall be
changed by adding the words "a portion of an existing levy, being
a reduction of .......... mills, to constitute" after the words
"a replacement of." If the tax is to be placed on the tax list of the current tax year, the
form of the ballot shall be modified by adding at the end of the form the
phrase ", beginning in .......... (first month and year the replacement tax is
to be
levied)." The question covered by the resolution shall be submitted
as a separate proposition, but may be printed on the same ballot
with any other proposition submitted at the same election, other
than the election of officers. More than one such question may
be submitted at the same election. (C) Two existing levies, or any portion of those levies,
may be combined into one replacement levy, so long as both of the
existing levies are for the same purpose and either both are due
to expire the same year or both are for a continuing period of
time. The question of combining all or portions of the two
existing levies into the replacement levy shall appear as one
ballot proposition before the electors. If the electors approve
the ballot proposition, all or the stated portions of the two
existing levies are replaced by one replacement levy. (D) A levy approved in excess of the ten-mill limitation
under this section shall be certified to the tax commissioner.
In the first year of a levy approved under this section, the levy
shall be extended on the tax lists after the February settlement
succeeding the election at which the levy was
approved. If
the levy is to be placed on the tax lists of the current year, as
specified in the resolution providing for its submission, the
result of the election shall be certified immediately after the
canvass by the board of elections to the taxing authority, which
shall forthwith make the necessary levy and certify it to the
county auditor, who shall extend it on the tax lists for
collection. After the first year, the levy shall be included in
the annual tax budget that is certified to the county budget
commission. If notes are authorized to be issued in anticipation of the
proceeds of the existing levy, notes may be issued in
anticipation of the proceeds of the replacement levy, and such
issuance is subject to the terms and limitations governing the
issuance of notes in anticipation of the proceeds of the existing
levy. This section does not authorize a tax to be levied in any
year after the year in which revenue is not needed for the
purpose for which the tax is levied. Sec. 5705.197. The form of the ballot to be used at the
election provided for in section 5705.195 of the Revised Code
shall be as follows: "Shall a levy be imposed by the ............. (here insert
name of school district) for the purpose of ............. (here
insert purpose of levy) in the sum of .......... (here insert
annual amount the levy is to produce) and a levy of taxes to be
made outside of the ten-mill limitation estimated by the county
auditor to average .......... (here insert number of mills) mills
for each one dollar of valuation, which amounts to ..........
(here insert rate expressed in dollars and cents) for each one
hundred dollars of valuation, for a period of .......... (here
insert the number of years the millage is to be imposed) years? ______________________________________
For the Tax
______________________________________
Against the Tax
______________________________________ "The purpose for which the tax is to be levied shall be
printed in the space indicated, in boldface type of at least
twice the size of the type immediately surrounding it. If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after "years," the phrase ", beginning in
.......... (first month and year the tax is to be levied)." If the levy submitted is a proposal to renew all or a
portion of an existing levy, the form of the ballot specified in
this section may be changed by adding the following at the
beginning of the form, after the words "shall a levy": (A) "Renewing an existing levy" in the case of a proposal
to renew an existing levy in the same amount; (B) "Renewing ...... dollars and providing an increase of
...... dollars" in the case of an increase; (C) "Renewing part of an existing levy, being a reduction
of ...... dollars" in the case of a renewal of only part of an
existing levy. If the levy submitted is a proposal to renew all or a
portion of more than one existing levy, the form of the ballot
may be changed in any of the manners provided in division (A),
(B), or (C) of this section, or any combination thereof, as
appropriate, so long as the form of the ballot reflects the
number of levies to be renewed, whether the amount of any of the
levies will be increased or decreased, and, for each such levy,
the amount of any such increase or decrease. Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 of the Revised Code shall be
certified by the taxing authority to the board of elections of
the proper county not less than seventy-five days before the
general election in any year, and the board shall submit the
proposal to the electors of the subdivision at the succeeding
November election. Except as otherwise provided in this
division, a resolution to renew an existing levy, regardless of
the section of the Revised Code under which the tax was imposed,
shall not be placed on the ballot unless the question is
submitted at the general election held during the last year the
tax to be renewed or replaced may be extended on the real and
public utility property tax list and duplicate, or at any
election held in the ensuing year. The limitation of the
foregoing sentence does not apply to a resolution to renew and
increase or to renew part of an existing levy that was imposed
under section 5705.191 of the Revised Code to supplement the
general fund for the purpose of making appropriations for one or
more of the following purposes: for public assistance, human or
social services, relief, welfare, hospitalization, health, and
support of general or tuberculosis hospitals. The board shall
make the necessary arrangements for the submission of such
questions to the electors of such subdivision, and the election
shall be conducted, canvassed, and certified in the same manner
as regular elections in such subdivision for the election of
county officers. Notice of the election shall be published in a
newspaper of general circulation in the subdivision once a week
for four consecutive weeks prior to the election, stating the
purpose, the proposed increase in rate, expressed in dollars and
cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, the number of years
during which such increase will be in effect, the first month and year in
which the
tax will be levied, and the time and place of the election. (B) The form of the ballots cast at an election held
pursuant to division (A) of this section shall be as follows: "An additional tax for the benefit of (name of subdivision
or public library) .......... for the purpose of (purpose stated
in the resolution) .......... at a rate not exceeding ......
mills for each one dollar of valuation, which amounts to (rate
expressed in dollars and cents) ............ for each one hundred
dollars of valuation, for ...... (life of indebtedness or number
of years the levy is to run). ______________________________________
For the tax levy
______________________________________
Against the tax levy
______________________________________ "(C) If the levy is to be in effect for a continuing period
of time, the notice of election and the form of ballot shall so
state instead of setting forth a specified number of years for
the levy. If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number of years
the levy is to run, the phrase ", beginning in .......... (first month and
year the tax
is to be levied)." If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words "An additional" at the beginning of the form;, the
words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words "A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words "A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case
of a decrease in the proposed levy. The question covered by such resolution shall be submitted
as a separate proposition but may be printed on the same ballot
with any other proposition submitted at the same election, other
than the election of officers. More than one such question may
be submitted at the same election. (D) A levy voted in excess of the ten-mill limitation
under this section shall be certified to the tax commissioner.
In the first year of such levy, it shall be extended on the tax
lists after the February settlement succeeding such
election. If such additional tax is to be placed upon the tax
list of the current year, as specified in the resolution
providing for its submission, the result of the election shall be
certified immediately after the canvass by the board of elections
to the taxing authority, who shall forthwith make the necessary
levy and certify it to the county auditor, who shall extend it on
the tax lists for collection. After the first year, the tax levy
shall be included in the annual tax budget that is certified to
the county budget commission. Sec. 5705.251. (A) A copy of a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
certified by the board of education to the board of elections of
the proper county not less than seventy-five days before the date
of the election specified in the resolution, and the board of
elections shall submit the proposal to the electors of the school
district at a special election to be held on that date. The
board of elections shall make the necessary arrangements for the
submission of the question or questions to the electors of the
school district, and the election shall be conducted, canvassed,
and certified in the same manner as regular elections in the
school district for the election of county officers. Notice of
the election shall be published in a newspaper of general
circulation in the subdivision once a week for four consecutive
weeks prior to the election. (1) In the case of a resolution adopted under section
5705.212 of the Revised Code, the notice shall state separately,
for each tax being proposed, the purpose; the proposed increase
in rate, expressed in dollars and cents for each one hundred
dollars of valuation as well as in mills for each one dollar of
valuation; the number of years during which the increase will be
in effect; and the year in which the tax is first authorized to
be levied. For an election on the question of a renewal levy,
the notice shall state the purpose; the proposed rate, expressed
in dollars and cents for each one hundred dollars of valuation as
well as in mills for each one dollar of valuation; and the number
of years the tax will be in effect. (2) In the case of a resolution adopted under section
5705.213 of the Revised Code, the notice shall state the purpose;
the amount proposed to be raised by the tax in the first year it
is levied; the estimated average additional tax rate for the
first year it is proposed to be levied, expressed in mills for
each one dollar of valuation and in dollars and cents for each
one hundred dollars of valuation; the number of years during
which the increase will be in effect; and the year in which the
tax is first authorized to be levied. The notice also shall
state the amount by which the amount to be raised by the tax may
be increased in each year after the first year. The amount of
the allowable increase may be expressed in terms of a dollar
increase over, or a percentage of, the amount raised by the tax
in the immediately preceding year. For an election on the
question of a renewal levy, the notice shall state the purpose;
the amount proposed to be raised by the tax; the estimated tax
rate, expressed in mills for each one dollar of valuation and in
dollars and cents for each one hundred dollars of valuation; and
the number of years the tax will be in effect. In any case, the notice also shall state the time and place
of the election. (B) The form of the ballot in an election on taxes
proposed under section 5705.212 of the Revised Code shall be as
follows: "Shall the .......... school district be authorized to levy
taxes for current expenses, the aggregate rate of which may
increase in ...... (number) increment(s) of not more than ......
mill(s) for each dollar of valuation, from an original rate of
...... mill(s) for each dollar of valuation, which amounts to
...... (rate expressed in dollars and cents) for each one hundred
dollars of valuation, to a maximum rate of ...... mill(s) for
each dollar of valuation, which amounts to ...... (rate expressed
in dollars and cents) for each one hundred dollars of valuation?
The original tax is first proposed to be levied in ...... (the
first year of the tax), and the incremental tax in ...... (the
first year of the increment) (if more than one incremental tax is
proposed in the resolution, the first year that each incremental
tax is proposed to be levied shall be stated in the preceding
format, and the increments shall be referred to as the first,
second, third, or fourth increment, depending on their number).
The aggregate rate of tax so authorized will .......... (insert
either, "expire with the original rate of tax which shall be in
effect for ...... years" or "be in effect for a continuing period
of time"). ________________________________
FOR THE TAX LEVIES
________________________________
AGAINST THE TAX LEVIES
________________________________ "
The form of the ballot in an election on the question of a
renewal levy under section 5705.212 of the Revised Code shall be
as follows: "Shall the ......... school district be authorized to renew
a tax for current expenses at a rate not exceeding .........
mills for each dollar of valuation, which amounts to .........
(rate expressed in dollars and cents) for each one hundred
dollars of valuation, for .......... (number of years the levy
shall be in effect, or a continuing period of time)? _________________________________
FOR THE TAX LEVY
_________________________________
AGAINST THE TAX LEVY
_________________________________ "
If the tax is to be placed on the current tax list, the form of the ballot
shall be modified by adding, after the statement of the number of years the
levy is to be in effect, the phrase ", beginning in .......... (first month
and year the
tax is to be levied)." (C) The form of the ballot in an election on a tax
proposed under section 5705.213 of the Revised Code shall be as
follows: "Shall the ........ school district be authorized to levy
the following tax for current expenses? The tax will first be
levied in ...... (year) to raise ...... (dollars). In the ......
(number of years) following years, the tax will increase by not
more than ...... (per cent or dollar amount of increase) each
year, so that, during ...... (last year of the tax), the tax will
raise approximately ...... (dollars). The county auditor
estimates that the rate of the tax per dollar of valuation will
be ...... mill(s), which amounts to $..... per $100 one hundred
dollars of valuation,
both during ...... (first year of the tax) and ...... mill(s),
which amounts to $...... per $100 one hundred dollars of
valuation, during ......
(last year of the tax). The tax will not be levied after ......
(year). _________________________________
FOR THE TAX LEVY
_________________________________
AGAINST THE TAX LEVY
_________________________________ "
The form of the ballot in an election on the question of a
renewal levy under section 5705.213 of the Revised Code shall be
as follows: "Shall the ......... school district be authorized to renew
a tax for current expenses which will raise ......... (dollars),
estimated by the county auditor to be ......... mills for each
dollar of valuation, which amounts to ......... (rate expressed
in dollars and cents) for each one hundred dollars of valuation?
The tax shall be in effect for ......... (the number of years the
levy shall be in effect, or a continuing period of time). _________________________________
FOR THE TAX LEVY
_________________________________
AGAINST THE TAX LEVY
_________________________________ "
If the tax is to be placed on the current tax list, the form of the ballot
shall be modified by adding, after the statement of the number of years the
levy is to be in effect, the phrase ", beginning in .......... (first month
and year the
tax is to be levied)." (D) The question covered by a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
submitted as a separate question, but may be printed on the same
ballot with any other question submitted at the same election,
other than the election of officers. More than one question may
be submitted at the same election. (E) Taxes voted in excess of the ten-mill limitation under
division (B) or (C) of this section shall be certified to the tax
commissioner. If an additional tax is to be placed upon the tax
list of the current year, as specified in the resolution
providing for its submission, the result of the election shall be
certified immediately after the canvass by the board of elections
to the board of education. The board of education immediately
shall make the necessary levy and certify it to the county
auditor, who shall extend it on the tax list for collection.
After the first year, the levy shall be included in the annual
tax budget that is certified to the county budget commission. Sec. 5705.314. If the board of education of a city,
local, or exempted village school district proposes to change
its levy within the ten-mill limitation in a manner that will
result in an increase in the amount of real property taxes
levied by the board in the tax year the change takes effect, the
board shall hold a public hearing solely on the proposal before
adopting a resolution to implement the proposal. The board
shall publish notice of the hearing
in a newspaper of general circulation in the school district
once a week for two consecutive weeks. The second publication
shall be not less than ten nor more than thirty days before the
date of the hearing. The notice shall include the date, time, place, and
subject of the hearing, and a statement that the change proposed by the board
may result in an increase in the amount of real property taxes levied by the
board. At the time the board submits the notice for publication, the board
shall send a copy of the notice to the auditor of the county where the school
district is located or, if the school district is located in more than one
county, to the auditor of each of those counties. Sec. 5705.71. (A) The electors of a county may initiate
the question of a tax levy for support of senior citizens
services or facilities by the filing of a petition with the board
of elections of that county not less than seventy-five days
before the date of any primary or general election requesting
that an election be held on such question. The petition shall be
signed by at least ten per cent of the qualified electors
residing in the county and voting for the office of governor at
the last general election. (B) The petition shall state the purpose for which the
senior citizens tax levy is being proposed, shall specify the
amount of the proposed increase in rate, the period of time
during which the increase is to be in effect, and whether the
levy is to be imposed in the current year. The number of years
may be any number not exceeding five, except that when the
additional rate is for the payment of debt charges the increased
rate shall be for the life of the indebtedness. (C) After determination by it that such petition is valid,
the board of elections shall submit the question to the electors
of the county at the succeeding primary or general
election. (D) The election shall be conducted, canvassed, and
certified in the same manner as regular elections in such county
for county offices. Notice of the election shall be published in
a newspaper of general circulation in the county once a week for
four consecutive weeks prior to the election, stating the
purpose, the amount of the proposed increase in rate, and the
time and place of the election. (E) The form of the ballot cast at such election shall be
prescribed by the secretary of state. If the tax is to be placed on the
tax list of the current tax year, the form of the ballot shall include a
statement to that effect and shall indicate the first month and year the tax
will be levied. The question covered by such petition
shall be submitted as a separate proposition but it may be printed on the same
ballot with any other propositions submitted at the same election other than
the election of officers. (F) If a majority of electors voting on the question vote
in favor of the levy, the board of county commissioners shall
levy a tax, for the period and the purpose stated within the
petition. If the tax is to be placed upon the tax list of the
current year, as specified in the petition, the result of the
election shall be certified immediately after the canvass by the
board of elections to the board of county commissioners, which
shall forthwith make the necessary levy and certify it to the
county auditor, who shall extend it on the tax list for
collection. After the first year, the tax levy shall be included
in the annual tax budget that is certified to the county budget
commission. Sec. 6119.02. (A) Proceedings for the organization of a
regional water and sewer district shall be initiated only by a
petition filed in the office of the clerk of the court of common
pleas of one of the counties all or part of which lies within the
proposed district. Such The petition shall be signed by one or
more
municipal corporations or, one or more counties, or
by one or more
townships, or by any combination of them, after having been
authorized by the legislative authority of the political subdivision.
The
legislative authority of any municipal corporation, the board of
county commissioners of any county, and the board of trustees of
any township may act in behalf of any part of their respective
political
subdivisions. Such The petition shall state specify
all of the following: (A)(1) The proposed name of the district;
(B)(2) The place in which its principal office is to be
located;
(C)(3) The necessity for the proposed district and that it
will be conducive to the public health, safety, convenience, or
welfare;
(D)(4) A general description of the purpose of the proposed
district;
(E)(5) A general description of the territory to be included
in the district, which need not be given by metes and bounds or by
legal subdivisions, but it is sufficient if an accurate
description is given of the territory to be organized as a
district; such. The territory need not be contiguous,
provided that it is
so situated that the public health, safety, convenience, or
welfare will be promoted by the organization as a single district
of the territory described;.
(F)(6) The manner of selection, the number, the term, and the
compensation of the members of the governing body of the
district, which body shall be called a board of trustees. Such
The petition may set forth procedures for subsequent changes in the
composition of and other provisions relating to such the board
of trustees.
(G)(7) The plan for financing the cost of the operations of
the district until it is in receipt of revenue from its
operations or proceeds from the sale of bonds;
(H)(8) A prayer for the organization of the district by the
name proposed, either before or after a preliminary hearing as
provided in section 6119.04 of the Revised Code.
(B) Prior to filing a petition under division
(A) of this section, a
municipal corporation, county, or township shall hold a public
meeting for the purpose of receiving comments on the proposed
establishment of a regional water and sewer district. If a
combination of municipal corporations, counties, or townships
signed the petition, the signers jointly shall hold the public
meeting. At the meeting, a representative of the signer or
signers of the petition shall present a preliminary study of the
reasons for the proposed establishment of the district. The signer or signers of the petition shall provide
written notice of the public meeting to each elector residing in
the territory of the proposed district. Failure to notify an
elector does not invalidate any proceeding before a court under
this chapter. (C) Upon the filing of such the petition, the judge of
the court of common pleas of the county wherein in which the
petition is filed or, in
the case of a county having more than one such judge, a judge of
such that court assigned by its presiding judge shall determine
whether such if the petition complies with the requirements of
this section as to form and content. No petition shall be declared
void by the judge on account of alleged defects, and the.
The court in subsequent proceedings may at any time may
permit the petition to be
amended in form and substance to conform to the facts by
correcting any errors in the description of the territory or in
any other particular. Sec. 6119.04. (A) The court of common pleas constituted as
provided in section 6119.03 of the Revised Code, at its first
meeting, shall fix the time and place of a hearing on the
petition for the establishment of the proposed regional water and
sewer district and such. The hearing shall be either
preliminary or
final as the petition may request. Such hearing and shall be
held
not later than sixty days thereafter, and the. The clerk
of the court shall give notice thereof of the hearing by
publication once each week for four
consecutive weeks in a newspaper having a general circulation in
each of the counties, in whole or in part, within the district. The clerk
shall send a notice of the hearing by certified mail to the
director of environmental protection. Any Any person or any political
subdivision residing or lying within an area affected by the
organization of the district, on or before the date set for the
cause to be heard, may file an objection to the granting of the
requests made in the prayer of the petition. (A)(B) Upon a preliminary hearing, if it appears that the
proposed district is probably is necessary and that it
will probably will
be conducive to the public health, safety, convenience, or
welfare, the court, after disposing of all objections as justice
and equity require shall and by its findings, entered of record,
shall issue a preliminary order declaring the district to be organized
and an independent political subdivision of the state with a
corporate name designated in the order for the purpose of all of the
following:
(1) The election or appointment of the board of trustees
in the manner provided in the petition; (2) The election, appointment, or employment of such
officers, employees, accounting experts, engineers, attorneys,
financial consultants, architects, other consultants, and
independent contractors or other persons as that may be
necessary to
prepare a plan for the operation of the district; (3) The collection of the funds in the manner provided in
the petition to be used and disbursed by the district; (4) The preparation of a plan for the operation of the
district, and the. The district shall possess such powers as that may
be
necessary to carry out said those purposes. The preliminary order shall direct the district to file a
plan for the operation of the district within six months from the
date of the preliminary order or within such the further time or
times as that the court may from time to time may
order. Upon the filing by the district of a plan for the operation
of the district, the court shall fix the time and place for a
final hearing on the petition for the establishment of the
proposed district and the plan for the operation of the district
as filed in the proceeding. The hearing shall be held not later
than sixty days thereafter, and the clerk of the court of common
pleas shall again shall give notice thereof
of the hearing
as required in division (A) of this
section. Any Any
person or any political subdivision residing or
lying within the area affected by the organization of the
district or by the plan for the operation of the district, on or
before the date set for the cause to be heard, may file any
objections to the final organization of the district or the plan
for the operation of the district. (B) The (C) If, prior to granting a final order,
the court determines that additional study is needed of the
feasibility of establishing the district, the court shall order
the signers of the petition to conduct an additional feasibility
study. If the court has ordered such a study, the court shall
not grant a final order prior to receiving the results of the
study. Nothing in division (C)
of this section precludes the awarding of a contract for a
project or improvement undertaken under this chapter to an
entity that conducts a feasibility study pursuant to division
(C) of this section.
The court may, upon good cause shown at
any time before
the granting of a final order, may do any or all of the
following: (1) Grant a right to any municipal corporation or county
acting in behalf of a sewer district within such the county to
become a party to such the proceeding if such the
intervening party requests to
have some part or all of its territory included within the
district; (2) Grant in part or in toto an intervening petition of a
municipal corporation or a county acting in behalf of a sewer
district within such the county, which is not wholly included
within
territory described in the petition, to have some part or all of
its territory included within the district; (3) Grant a request filed by any party to the petition or
intervening party to modify any request set forth in the
petition, including any or all of the following: (a) A reduction in the territory to be included within the
district; (b) Addition to or deletion of a purpose or purposes of
the proposed district as set forth in the petition so long as the
purposes that remain are those included within section 6119.01 of
the Revised Code; (c) The manner of selection, the number, the term, and the
compensation of the members of the board of trustees; provided
that after. After the filing of any intervening petition or request to
modify, the court has fixed shall fix a time and place for a
hearing
thereof, such hearing to which shall be held not less than sixty
days after
the filing thereof and the. The clerk of the court of
common pleas has
given shall give notice
of the hearing as required in division (A) of this
section. (C)(D) Upon final hearing, whether or not a preliminary
hearing is requested in the petition, if it appears that the
proposed district is necessary, that it and the plan for the
operation of the district is are conducive to the public health,
safety, convenience, and welfare, and that the plan for the
operation of the district is economical, feasible, fair, and
reasonable, the court, after disposing of all objections as
justice and equity require, shall and by its findings, entered
of
record, shall declare the district finally and completely organized and
to be, or to be empowered to continue as, a political
subdivision. Thereupon the district shall have power to sue and
be sued; to incur debts, liabilities, and obligations; to
exercise the right of eminent domain and of taxation and
assessment as provided in Chapter 6119. of the Revised Code this
chapter; to
issue bonds; and to perform all acts authorized in such sections
this chapter
and to execute and carry out the plan for the operation of the
district and to amend, modify, change, or alter the plan for its
operation as the board of trustees may from time to time
may determine necessary.
(D)(E) If the court finds that the organization of the
district is not necessary or will not be conducive to the public
health, safety, convenience, or welfare, or that the plan for the
operation of the district is not economical, feasible, fair, or
reasonable, or if the district fails to file a plan for the
operation of the district within the time prescribed by the
court, it shall dismiss the proceedings and adjudge the costs
against the petitioners, and if. If a preliminary order
has been made
organizing the district, the court shall declare the district
dissolved and enter its order for the distribution of any and all
assets that may be owned by the district after the payment of its
liabilities.
(F) Any municipal corporation, board of county commissioners,
or board of township trustees may advance to the district such
sums of money as that the legislative authority of the municipal
corporation, the board of county commissioners, or the board of
township trustees determines will not be in excess of the
benefits that can be anticipated to be derived by such the
municipal
corporation, county, or township from the establishment of the
district at such times as that are requested by the
district and
authorized by such the legislative authority or such
board and
pursuant to an agreement between the district and such the
municipal
corporation, county, or township setting forth whether and when
such the sums shall be repaid. Such The sums when
paid to the district
at any time after the preliminary order of the court shall be
used by the district for its purposes in the preparation of a
plan for the operation of the district and for other purposes of
the district. The district shall keep proper records showing the
amount so advanced and disbursed. If the court orders the
district dissolved as permitted in this section, the interest any
municipal corporation, board of county commissioners, or board of
township trustees has in the assets of the district shall be
limited to those assets remaining after the payment of all other
liabilities of the district. Sec. 6119.071. A member of the board of trustees of a regional water and
sewer district who has been appointed to the board may be
removed by the appointing authority for misfeasance,
nonfeasance, or malfeasance in office. Prior to removing a
member, the appointing authority shall notify the member of the
facts supporting the proposed removal and shall provide the
member an opportunity to appear before the appointing authority
or at a public hearing held by the appointing authority and show cause why the
member should not be removed from
office. A member of a board of trustees who has been removed
pursuant to this section may appeal the removal not later than
thirty days after the removal to the court of common pleas
constituted as provided in section 6119.03 of the
Revised
Code. SECTION 2 . That existing sections 133.18, 309.09, 323.131, 323.153, 345.04,
511.28, 715.70, 1545.21, 1901.31, 1905.05, 3709.085, 5705.03, 5705.192,
5705.197,
5705.25, 5705.251, 5705.71, 6119.02,
and 6119.04 and section 505.07 of the Revised Code are hereby repealed.
SECTION 3 . Section 6119.071 of the Revised Code as enacted by this act does
not apply to any member of the board of trustees of a regional water and sewer
district organized under Chapter 6119. of the Revised Code who was serving on
the board immediately prior to the effective date of this act. That section
does apply to any member who is appointed or reappointed to the board on or
after the effective date of this act.
SECTION 4 . Sections 133.18, 345.04, 511.28, 1545.21, 5705.192, 5705.197,
5705.25,
5705.251, and 5705.71 of the Revised Code, as amended by this act, apply to
ballot forms appearing at elections conducted on or after August 1, 1999.
SECTION 5 . Section 715.70 of the Revised Code is presented in this act
as a composite of the section as amended by both Am. Sub. H.B. 99 and Am. Sub.
H.B. 269 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.
SECTION 6 . This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that immediate action is required in order for
certain township boards and commissions to continue to receive legal
representation from the
county prosecuting attorney without additional expense. Therefore, this act
shall go into immediate effect.
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