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As Reported by the Senate Finance and Financial
Institutions Committee
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 310 |
SENATORS RAY-HERINGTON
A BILL
To amend sections 307.672 and 5739.024 and to enact section
307.674 of the Revised Code to authorize cooperative undertakings
by counties, municipal corporations, port authorities, and
nonprofit corporations to provide for educational and cultural
performing arts facilities, to authorize counties to levy an
excise tax on lodging transactions for that purpose, and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.672 and 5739.024 be amended and section 307.674
of the Revised Code be enacted to read as follows:
Sec. 307.672. (A) As used in this section:
(1) "Bonds" means general obligation bonds, or notes in
anticipation thereof, of the county described in division
(B)(1)(b) of this section, and general obligation bonds, or notes
in anticipation thereof, of the host municipal corporation
described in division (B)(2)(a) of this section.
(2) "Corporation" means a nonprofit corporation that is
organized under the laws of this state and that includes within
the purposes for which it is incorporated the authorization to
lease and operate facilities such as a municipal educational and
cultural facility.
(3) "Debt service charges" means, for any period or
payable at any time, the principal of and interest and any
premium due on bonds for that period or payable at that time
whether due at maturity or upon mandatory redemption, together
with any required deposits to reserves for the payment of
principal of and interest on such bonds.
(4) "Host municipal corporation" means the municipal
corporation within the boundaries of which a municipal
educational and cultural facility is or will be located.
(5) "Municipal educational and cultural facility" means a
facility that may consist of a museum, archives, library, hall of
fame, center for contemporary music, or other facilities
necessary to provide programs of an educational, recreational,
and cultural nature, together with all parking facilities,
walkways, and other auxiliary facilities, real and personal
property, property rights, easements, and interests that may be
appropriate for, or used in connection with, the operation of the
facility.
(B) The legislative authorities of a county and a host
municipal corporation may enter into a cooperative agreement with
a corporation, under which:
(1) The legislative authority of the county agrees to:
(a) Levy a tax under division (E) of section 5739.024 of
the Revised Code for a period not to exceed fifteen years to pay
the costs of acquiring, constructing, equipping, and improving a
municipal educational and cultural facility, including the debt
service charges on bonds;
(b) Issue bonds of the county pursuant to Chapter 133. of
the Revised Code for the purpose of acquiring, constructing,
equipping, and improving a municipal educational and cultural
facility;
(c) Contribute revenue from the tax and the proceeds from
the bonds described in divisions (B)(1)(a) and (b) of this
section to the municipal corporation for the purpose of
acquiring, constructing, equipping, and improving a municipal
educational and cultural facility;
(2) The host municipal corporation agrees to:
(a) Issue bonds of the host municipal corporation pursuant
to Chapter 133. of the Revised Code for the purpose of acquiring,
constructing, equipping, and improving a municipal educational
and cultural facility;
(b) Acquire, construct, equip, and improve a municipal
educational and cultural facility;
(c) Accept from the county pursuant to the cooperative
agreement the revenues of the tax and the proceeds of the bonds
described in divisions (B)(1)(a) and (b) of this section;
(d) Lease a municipal educational and cultural facility to
the corporation, or contract with the corporation for the
operation and maintenance of the facility;
(e) To the extent provided for in the cooperative
agreement or the lease or contract with the corporation,
authorize the corporation to administer on behalf of the host
municipal corporation the contracts for acquiring, constructing,
equipping, and improving a municipal educational and cultural
facility.
(3) The corporation agrees to:
(a) Either lease the municipal educational and cultural
facility from the host municipal corporation and operate and
maintain the facility pursuant to the lease, or enter into a
contract with the host municipal corporation pursuant to which
the corporation shall operate and maintain the facility on behalf
of the host municipal corporation;
(b) To the extent provided for in the cooperative
agreement or the lease or contract with the host municipal
corporation, administer on behalf of the host municipal
corporation the contracts for acquiring, constructing, equipping,
or improving a municipal educational and cultural facility.
(C) A tax levied pursuant to division (E) of section
5739.024 of the Revised Code, the revenue from which is to be
used to pay debt service charges on bonds described in division
(B)(1) or (2) of this section is not subject to diminution by
initiative or referendum or diminution by statute, unless
provision is made therein for an adequate substitute therefor
reasonably satisfactory to the legislative authorities of the
host municipal corporation and the county.
(D) THE LEGISLATIVE AUTHORITIES OF A COUNTY AND A HOST MUNICIPAL
CORPORATION THAT HAVE ENTERED INTO A COOPERATIVE AGREEMENT WITH A CORPORATION
PURSUANT TO DIVISION (B) OF THIS SECTION MAY AMEND THAT COOPERATIVE
AGREEMENT, WITH THE PARTICIPATION OF A PORT AUTHORITY AS DEFINED IN SECTION
307.674 of the Revised Code, TO PROVIDE ALSO FOR A PORT AUTHORITY EDUCATIONAL AND CULTURAL
PERFORMING ARTS FACILITY IN ACCORDANCE WITH SECTION 307.674 of the Revised Code. SUCH AN
AMENDMENT SHALL BECOME EFFECTIVE ONLY TO THE EXTENT THAT THE TAX LEVIED UNDER
DIVISION (E) OF SECTION 5739.024 of the Revised Code IS NOT NEEDED FOR THE DURATION
OF THE ORIGINAL TAX TO PAY COSTS OF THE MUNICIPAL EDUCATIONAL AND CULTURAL
FACILITY, INCLUDING DEBT SERVICE CHARGES ON RELATED BONDS, AS DETERMINED BY
THE PARTIES TO THE AMENDMENT. THE TAX MAY BE PLEDGED AND PAID BY THE PARTIES
TO THE AMENDMENT FOR THE BALANCE OF THE DURATION OF THE TAX TO A PORT
AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY.
Sec. 307.674. (A) AS USED IN THIS SECTION:
(1) "BONDS" MEANS:
(a) REVENUE BONDS OF THE PORT AUTHORITY DESCRIBED IN DIVISION
(B)(2)(a) OF THIS SECTION;
(b) GENERAL OBLIGATION BONDS OF THE HOST MUNICIPAL CORPORATION,
OR NOTES IN ANTICIPATION THEREOF, DESCRIBED IN DIVISION
(B)(3)(a) OF THIS SECTION;
(c) ANY BONDS ISSUED TO REFUND ANY OF THOSE REVENUE BONDS,
GENERAL OBLIGATION BONDS, OR NOTES IN ANTICIPATION THEREOF.
(2) "CORPORATION" MEANS A NONPROFIT CORPORATION THAT IS ORGANIZED UNDER
THE LAWS OF THIS STATE AND THAT INCLUDES WITHIN THE PURPOSES FOR WHICH IT IS
INCORPORATED THE AUTHORIZATION TO LEASE AND OPERATE FACILITIES SUCH AS A PORT
AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY.
(3) "COST," AS APPLIED TO A PORT AUTHORITY EDUCATIONAL AND CULTURAL
PERFORMING ARTS FACILITY, MEANS THE COST OF ACQUIRING, CONSTRUCTING,
RENOVATING, REHABILITATING, EQUIPPING, OR IMPROVING THE FACILITY, OR ANY
COMBINATION OF THOSE PURPOSES, COLLECTIVELY REFERRED TO IN THIS SECTION AS
"CONSTRUCTION," AND THE COST OF ACQUISITION OF ALL LAND, RIGHTS OF WAY,
PROPERTY RIGHTS, EASEMENTS, FRANCHISE RIGHTS, AND INTERESTS REQUIRED FOR THOSE
PURPOSES, THE COST OF DEMOLISHING OR REMOVING ANY BUILDINGS OR STRUCTURES ON
LAND SO ACQUIRED, INCLUDING THE COST OF ACQUIRING ANY LAND TO WHICH THOSE
BUILDINGS OR STRUCTURES MAY BE MOVED, THE COST OF PUBLIC UTILITY AND COMMON
CARRIER RELOCATION OR DUPLICATION, THE COST OF ALL MACHINERY, FURNISHINGS, AND
EQUIPMENT, FINANCING CHARGES, INTEREST PRIOR TO AND DURING CONSTRUCTION AND
FOR NOT MORE THAN THREE YEARS AFTER COMPLETION OF CONSTRUCTION, COSTS ARISING
UNDER REIMBURSEMENT AGREEMENTS OR OTHER CREDIT ENHANCEMENT AGREEMENTS RELATING
TO BONDS, ENGINEERING, EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT TO
SUCH FACILITY, LEGAL EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, STUDIES,
ESTIMATES OF COSTS AND REVENUES, OTHER EXPENSES NECESSARY OR INCIDENT TO
DETERMINING THE FEASIBILITY OR PRACTICABILITY OF ACQUIRING OR CONSTRUCTING THE
FACILITY, ADMINISTRATIVE EXPENSE, AND OTHER EXPENSES AS MAY BE NECESSARY OR
INCIDENT TO THAT ACQUISITION OR CONSTRUCTION AND THE FINANCING OF SUCH
ACQUISITION OR CONSTRUCTION, INCLUDING, WITH RESPECT TO THE REVENUE BONDS OF A
PORT AUTHORITY, AMOUNTS TO BE PAID INTO ANY SPECIAL FUNDS FROM THE PROCEEDS OF
THOSE BONDS, AND REPAYMENTS TO THE PORT AUTHORITY, HOST COUNTY, HOST MUNICIPAL
CORPORATION, OR CORPORATION OF ANY AMOUNTS ADVANCED FOR THE FOREGOING
PURPOSES.
(4) "DEBT SERVICE CHARGES" MEANS, FOR ANY PERIOD OR PAYABLE AT ANY TIME,
THE PRINCIPAL OF AND INTEREST AND ANY PREMIUM DUE ON BONDS FOR THAT PERIOD OR
PAYABLE AT THAT TIME WHETHER DUE AT MATURITY OR UPON MANDATORY REDEMPTION,
TOGETHER WITH ANY REQUIRED DEPOSITS TO RESERVES FOR THE PAYMENT OF PRINCIPAL
OF AND INTEREST ON THOSE BONDS, AND INCLUDES ANY PAYMENTS REQUIRED BY THE PORT
AUTHORITY TO SATISFY ANY OF ITS OBLIGATIONS UNDER OR ARISING FROM ANY GUARANTY
AGREEMENTS, REIMBURSEMENT AGREEMENTS, OR OTHER CREDIT ENHANCEMENT AGREEMENTS
DESCRIBED IN DIVISION (C) OF THIS SECTION.
(5) "HOST COUNTY" MEANS THE COUNTY WITHIN THE BOUNDARIES OF WHICH THE PORT
AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY IS OR WILL BE
LOCATED.
(6) "HOST MUNICIPAL CORPORATION" MEANS THE MUNICIPAL CORPORATION WITHIN
THE BOUNDARIES OF WHICH THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING
ARTS FACILITY IS OR WILL BE LOCATED.
(7) "PORT AUTHORITY" MEANS A PORT AUTHORITY CREATED PURSUANT TO SECTION
4582.22 of the Revised Code.
(8) "PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY"
MEANS A FACILITY THAT CONSISTS OF A CENTER FOR MUSIC OR OTHER PERFORMING ARTS,
A THEATER OR OTHER FACILITIES TO PROVIDE PROGRAMS OF AN EDUCATIONAL,
RECREATIONAL, OR CULTURAL NATURE, OR ANY COMBINATION OF THOSE PURPOSES AS
DETERMINED BY THE PARTIES TO THE COOPERATIVE AGREEMENT FOR WHICH PROVISION IS
MADE IN DIVISION (B) OF THIS SECTION TO FULFILL THE PUBLIC
EDUCATIONAL, RECREATIONAL, AND CULTURAL PURPOSES SET FORTH THEREIN, TOGETHER
WITH ALL PARKING FACILITIES, WALKWAYS, AND OTHER AUXILIARY FACILITIES, REAL
AND PERSONAL PROPERTY, PROPERTY RIGHTS, EASEMENTS, AND INTERESTS THAT MAY BE
APPROPRIATE FOR, OR USED IN CONNECTION WITH, THE OPERATION OF THE FACILITY.
(B) A HOST COUNTY, A HOST MUNICIPAL CORPORATION, AND A PORT
AUTHORITY MAY ENTER INTO A COOPERATIVE AGREEMENT WITH A CORPORATION UNDER
WHICH, AS FURTHER PROVIDED FOR IN THAT AGREEMENT:
(1) THE HOST COUNTY MAY AGREE TO DO ANY OR ALL OF THE FOLLOWING:
(a) LEVY AND COLLECT A TAX UNDER DIVISION (E) OF SECTION
5739.024 of the Revised Code FOR THE PURPOSES, AND IN AN AMOUNT SUFFICIENT FOR THOSE
PURPOSES, DESCRIBED IN DIVISIONS (B)(1)(b) AND
(c) OF THIS SECTION;
(b) PAY TO THE PORT AUTHORITY ALL OR SUCH PORTION AS PROVIDED FOR
IN THE COOPERATIVE AGREEMENT OF THE REVENUE FROM THE TAX, TOGETHER WITH ANY
INVESTMENT EARNINGS ON THAT REVENUE, TO BE USED TO PAY A PORTION OF THE COSTS
OF ACQUIRING, CONSTRUCTING, RENOVATING, REHABILITATING, EQUIPPING, OR
IMPROVING THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS
FACILITY;
(c) PLEDGE AND PAY TO THE CORPORATION ALL OR SUCH PORTION AS
PROVIDED FOR IN THE COOPERATIVE AGREEMENT OF THE REVENUE FROM THE TAX,
TOGETHER WITH ANY INVESTMENT EARNINGS ON THAT REVENUE, TO BE USED TO PAY A
PORTION OF THE COSTS TO THE CORPORATION OF LEASING THE PORT AUTHORITY
EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY FROM THE PORT AUTHORITY.
(2) THE PORT AUTHORITY MAY AGREE TO DO ANY OR ALL OF THE FOLLOWING:
(a) ISSUE ITS REVENUE BONDS PURSUANT TO SECTION 4582.48 of the Revised Code FOR
THE PURPOSE OF PAYING ALL OR A PORTION OF THE COSTS OF THE PORT AUTHORITY
EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY;
(b) ACQUIRE, CONSTRUCT, RENOVATE, REHABILITATE, EQUIP, AND
IMPROVE THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY;
(c) LEASE THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING
ARTS FACILITY TO THE CORPORATION;
(d) TO THE EXTENT PROVIDED FOR IN THE COOPERATIVE AGREEMENT OR
THE LEASE TO THE CORPORATION, AUTHORIZE THE CORPORATION TO ADMINISTER ON
BEHALF OF THE PORT AUTHORITY THE CONTRACTS FOR ACQUIRING, CONSTRUCTING,
RENOVATING, REHABILITATING, OR EQUIPPING THE PORT AUTHORITY EDUCATIONAL AND
CULTURAL PERFORMING ARTS FACILITY;
(e) USE THE REVENUE DERIVED FROM THE LEASE OF THE PORT AUTHORITY
EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY TO THE CORPORATION SOLELY TO
PAY DEBT SERVICE CHARGES ON REVENUE BONDS OF THE PORT AUTHORITY ISSUED
PURSUANT TO DIVISION (B)(2)(a) OF THIS SECTION.
(3) THE HOST MUNICIPAL CORPORATION MAY AGREE TO ISSUE ITS GENERAL
OBLIGATION BONDS PURSUANT TO CHAPTER 133. of the Revised Code FOR THE PURPOSE OF
PAYING ALL OR A PORTION OF THE COSTS OF THE PORT AUTHORITY EDUCATIONAL AND
CULTURAL PERFORMING ARTS FACILITY, AND PAY THE PROCEEDS FROM THE ISSUANCE TO
THE PORT AUTHORITY FOR THAT PURPOSE. THE COOPERATIVE AGREEMENT MAY PROVIDE
THAT THE PROCEEDS BE DEPOSITED WITH AND ADMINISTERED BY THE TRUSTEE PURSUANT
TO THE TRUST AGREEMENT AUTHORIZED IN DIVISION (C) OF THIS SECTION.
(4) THE CORPORATION MAY AGREE TO DO ANY OR ALL OF THE FOLLOWING:
(a) LEASE THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING
ARTS FACILITY FROM THE PORT AUTHORITY;
(b) OPERATE AND MAINTAIN THE PORT AUTHORITY EDUCATIONAL AND
CULTURAL PERFORMING ARTS FACILITY PURSUANT TO THE LEASE;
(c) TO THE EXTENT PROVIDED FOR IN THE COOPERATIVE AGREEMENT OR
THE LEASE FROM THE PORT AUTHORITY, ADMINISTER ON BEHALF OF THE PORT AUTHORITY
THE CONTRACTS FOR ACQUIRING, CONSTRUCTING, RENOVATING, REHABILITATING, OR
EQUIPPING THE PORT AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS
FACILITY.
(C) THE PLEDGE AND PAYMENTS REFERRED TO IN DIVISIONS
(B)(1)(b) AND (c) OF THIS SECTION AND
PROVIDED FOR IN THE COOPERATIVE AGREEMENT SHALL BE FOR THE PERIOD STATED IN
THE COOPERATIVE AGREEMENT BUT SHALL NOT EXTEND LONGER THAN THE PERIOD
NECESSARY TO PROVIDE FOR THE FINAL RETIREMENT OF THE PORT AUTHORITY REVENUE
BONDS REFERRED TO IN DIVISION (B)(2)(a) OF THIS
SECTION, AND FOR THE SATISFACTION BY THE PORT AUTHORITY OF ANY OF ITS
OBLIGATIONS UNDER OR ARISING FROM ANY GUARANTY AGREEMENTS, REIMBURSEMENT
AGREEMENTS, OR OTHER CREDIT ENHANCEMENT AGREEMENTS RELATING TO THOSE BONDS OR
TO THE REVENUES PLEDGED TO THEM. THE COOPERATIVE AGREEMENT SHALL PROVIDE FOR
THE TERMINATION OF THE COOPERATIVE AGREEMENT, INCLUDING THE PLEDGE AND PAYMENT
REFERRED TO IN DIVISION (B)(1)(c) OF THIS SECTION, IF
THE PORT AUTHORITY REVENUE BONDS REFERRED TO IN DIVISION
(B)(2)(a) OF THIS SECTION HAVE NOT BEEN ISSUED, SOLD, AND
DELIVERED WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THE COOPERATIVE
AGREEMENT.
THE COOPERATIVE AGREEMENT SHALL PROVIDE THAT ANY PORT AUTHORITY REVENUE
BONDS SHALL BE SECURED BY A TRUST AGREEMENT BETWEEN THE PORT AUTHORITY AND A
CORPORATE TRUSTEE THAT IS A TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST
COMPANY WITHIN OR OUTSIDE THE STATE BUT AUTHORIZED TO EXERCISE TRUST POWERS
WITHIN THE STATE. THE HOST COUNTY MAY BE A PARTY TO THAT TRUST AGREEMENT FOR
THE PURPOSE OF BETTER SECURING THE PLEDGE BY THE HOST COUNTY OF ITS PAYMENT TO
THE CORPORATION PURSUANT TO DIVISION (B)(1)(c) OF
THIS SECTION. A TAX LEVIED PURSUANT TO SECTION 5739.024 of the Revised Code FOR THE PURPOSES
SPECIFIED IN DIVISION (B)(1)(b) OR (c)
OF THIS SECTION IS NOT SUBJECT TO DIMINUTION BY INITIATIVE OR REFERENDUM OR
DIMINUTION BY STATUTE, UNLESS PROVISION IS MADE FOR AN ADEQUATE SUBSTITUTE
REASONABLY SATISFACTORY TO THE TRUSTEE UNDER THE TRUST AGREEMENT THAT SECURES
THE PORT AUTHORITY REVENUE BONDS.
(D) A PLEDGE OF MONEY BY A HOST COUNTY UNDER THIS SECTION SHALL
NOT BE NET INDEBTEDNESS OF THE HOST COUNTY FOR PURPOSES OF SECTION 133.07
of the Revised Code.
(E) IF THE TERMS OF THE COOPERATIVE AGREEMENT SO PROVIDE, ANY
CONTRACT FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION,
EQUIPPING, OR IMPROVING OF A PORT AUTHORITY EDUCATIONAL AND CULTURAL
PERFORMING ARTS FACILITY SHALL BE MADE IN SUCH MANNER AS IS DETERMINED BY THE
BOARD OF DIRECTORS OF THE PORT AUTHORITY, AND UNLESS THE COOPERATIVE AGREEMENT
PROVIDES OTHERWISE, SUCH A CONTRACT IS NOT SUBJECT TO DIVISION (R)(2)
OF SECTION 4582.31 of the Revised Code. THE PORT AUTHORITY MAY TAKE THE ASSIGNMENT OF AND
ASSUME ANY CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION,
REHABILITATION, EQUIPPING, OR IMPROVING OF A PORT AUTHORITY EDUCATIONAL AND
CULTURAL PERFORMING ARTS FACILITY THAT HAD PREVIOUSLY BEEN AUTHORIZED BY ANY
OF THE HOST COUNTY, THE HOST MUNICIPALITY, OR THE CORPORATION. SUCH CONTRACTS
ARE NOT SUBJECT TO DIVISION (R)(2) OF SECTION 4582.31 of the Revised Code.
ANY CONTRACT FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION,
EQUIPPING, OR IMPROVING OF A PORT AUTHORITY EDUCATIONAL AND CULTURAL
PERFORMING ARTS FACILITY ENTERED INTO, ASSIGNED, OR ASSUMED PURSUANT TO THIS
DIVISION SHALL PROVIDE THAT ALL LABORERS AND MECHANICS EMPLOYED FOR THE
ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION, EQUIPPING, OR IMPROVING
OF THAT FACILITY SHALL BE PAID AT THE PREVAILING RATES OF WAGES OF LABORERS
AND MECHANICS FOR THE CLASS OF WORK CALLED FOR BY THE PORT AUTHORITY
EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY, WHICH WAGES SHALL BE
DETERMINED IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4115. of the Revised Code
FOR THE DETERMINATION OF PREVAILING WAGE RATES.
NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN SECTION 3383.07 of the Revised Code,
CONSTRUCTION SERVICES AND GENERAL BUILDING SERVICES FOR A PORT AUTHORITY
EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY FUNDED COMPLETELY OR IN PART
WITH MONEY APPROPRIATED BY THE STATE TO THE OHIO ARTS AND SPORTS
FACILITIES COMMISSION MAY BE PROVIDED BY A PORT AUTHORITY OR A CORPORATION
THAT OCCUPIES, WILL OCCUPY, OR IS RESPONSIBLE FOR THAT FACILITY, AS DETERMINED
BY THE COMMISSION. THE CONSTRUCTION SERVICES AND GENERAL BUILDING SERVICES TO
BE PROVIDED BY THE PORT AUTHORITY OR THE CORPORATION SHALL BE SPECIFIED IN AN
AGREEMENT BETWEEN THE COMMISSION AND THE PORT AUTHORITY OR CORPORATION. THAT
AGREEMENT, OR ANY ACTIONS TAKEN UNDER IT, ARE NOT SUBJECT TO CHAPTERS
123. OR 153. of the Revised Code, EXCEPT FOR SECTIONS 123.151 AND 153.011 of the Revised Code, BUT
ARE SUBJECT TO CHAPTER 4115. of the Revised Code.
Sec. 5739.024. (A)(1) A board of county commissioners may by
resolution adopted by a majority of the members of the board,
levy an excise tax not to exceed three per cent on transactions
by which lodging by a hotel is or is to be furnished to transient
guests. The board shall establish all regulations necessary to
provide for the administration and allocation of the tax.
Except as otherwise provided in divisions (A)(2)
and (3) of
this section,
the regulations shall provide, after deducting the real and actual
costs of administering the tax, for the return to each municipal
corporation or township that does not levy an excise tax on such
transactions, a uniform percentage of the tax collected in the
municipal corporation or in the unincorporated portion of the
township from each such transaction, not to exceed thirty-three
and one-third per cent. The remainder of the revenue arising
from the tax shall be deposited in a separate fund and shall be
spent solely to make contributions to the convention and
visitors' bureau operating within the county, including a pledge
and contribution of any portion of such remainder pursuant to an
agreement authorized by section 307.695 of the Revised Code.
Except as otherwise provided under division (A)(2) or (3) of
this
section, on and after May 10, 1994, a board of county
commissioners may not levy an excise tax pursuant to this
division in any municipal corporation or township located wholly
or partly within the county that has in effect an ordinance or
resolution levying an excise tax pursuant to division (B) of this
section. The board of a county that has levied a tax under
division (C) of this section may, by resolution adopted within
ninety days after July 15, 1985, by a majority of the members of
the board, amend the resolution levying a tax under this division
to provide for a portion of that tax to be pledged and
contributed in accordance with an agreement entered under section
307.695 of the Revised Code. A tax, any revenue from which is
pledged pursuant to such an agreement, shall remain in effect at
the rate at which it is imposed for the duration of the period
for which the revenue therefrom has been so pledged.
(2) A board of county commissioners that levies an excise tax
under division (A)(1) of this section on June 30,
1997, at a rate of
three per cent, and that has pledged revenue from the
tax to an agreement entered into under section 307.695 of the Revised Code,
may amend the resolution levying that tax
to provide for an increase in the rate of the tax up to five per cent on each
transaction; to provide that revenue from the increase in the rate shall be
spent solely to make contributions to the convention and visitors' bureau
operating within the county to be used specifically for promotion,
advertising, and marketing of the region in which the county is located; to
provide that the rate in excess of the three per cent levied under division
(A)(1) of this section shall remain in effect at the rate at which it
is imposed for the duration of the period during which any agreement is in
effect that was entered into under section 307.695 of the Revised Code by the
board of county commissioners levying a tax under division (A)(1) of this
section; and to provide that no portion of that revenue need be
returned to townships or municipal corporations as would otherwise be required
under division (A)(1) of this section.
(3) A board of county commissioners that levies a tax under
division (A)(1) of this section on the effective date of this
amendment MARCH 18, 1999, at a rate of three per
cent may, by resolution adopted not later
than forty-five days after that effective date MARCH
18, 1999, amend the resolution levying
the tax to provide for all of the following:
(a) That the rate of the tax shall be increased by not more than
an additional four per cent on each transaction;
(b) That all of the revenue from the increase in rate shall be
pledged and contributed to a convention facilities authority established by
the board of county commissioners under Chapter 351. of the
Revised Code on or before November 15, 1998, and
used to pay costs of constructing,
maintaining, operating, and promoting a facility in the county, including
paying bonds, or notes issued in anticipation of bonds, as provided by that
chapter;
(c) That no portion of the revenue arising from the increase in
rate need be returned to municipal corporations or townships as otherwise
required under division (A)(1) of this section;
(d) That the increase in rate shall not be subject to diminution
by initiative or referendum or by law while any bonds, or notes in
anticipation of bonds, issued by the authority under Chapter 351. of
the Revised Code to which the revenue is pledged remain
outstanding in accordance with their terms, unless provision is made by law or
by the board of county commissioners for an adequate substitute therefor that
is satisfactory to the trustee if a trust agreement secures the bonds.
Division (A)(3) of this
section does not apply to the board of county commissioners of
any county in which a convention center or facility exists or is
being constructed on November
15, 1998, or of any county in which a convention facilities
authority levies a tax pursuant to section 351.021 of the
Revised Code on that date.
As used in division (A)(3) of this section, "costs" and "facility"
have the same meanings as in section 351.01 of the Revised
Code, and "convention center" has the same meaning as in section
307.695 of the Revised Code.
(B) The legislative authority of a municipal corporation
or the board of trustees of a township that is not wholly or
partly located in a county that has in effect a resolution
levying an excise tax pursuant to division (A)(1) of this section
may by ordinance or resolution levy an excise tax not to exceed
three per cent on transactions by which lodging by a hotel is or
is to be furnished to transient guests. The legislative
authority of the municipal corporation or township shall deposit
at least fifty per cent of the revenue from the tax levied
pursuant to this division into a separate fund, which shall be
spent solely to make contributions to convention and visitors'
bureaus operating within the county in which the municipal
corporation or township is wholly or partly located, and the
balance of such revenue shall be deposited in the general fund.
The municipal corporation or township shall establish all
regulations necessary to provide for the administration and
allocation of the tax. The levy of a tax under this division is
in addition to any tax imposed on the same transaction by a
municipal corporation or a township as authorized by division
(C)(1) of section 5739.02 of the Revised Code.
(C) For the purpose of making the payments authorized by
section 307.695 of the Revised Code to construct and equip a
convention center in the county and to cover the costs of
administering the tax, a board of county commissioners of a
county where a tax imposed under division (A)(1) of this section is
in effect may, by resolution adopted within ninety days after
July 15, 1985, by a majority of the members of
the board, levy an additional excise tax not to exceed three per
cent on transactions by which lodging by a hotel is or is to be
furnished to transient guests. The tax authorized by this
division shall be in addition to any tax that is levied pursuant
to division (A) of this section, but it shall not apply to
transactions subject to a tax levied by a municipal corporation
or township pursuant to the authorization granted by division
(C)(1) of section 5739.02 of the Revised Code. The board shall
establish all regulations necessary to provide for the
administration and allocation of the tax. All revenues arising
from the tax shall be expended in accordance with section 307.695
of the Revised Code. A tax imposed under this section shall
remain in effect at the rate at which it is imposed for the
duration of the period for which the revenue therefrom has been
pledged pursuant to such section.
(D) For the purpose of providing contributions under
division (B)(1) of section 307.671 of the Revised Code to enable
the acquisition, construction, and equipping of a port authority
educational and cultural facility in the county and, to the
extent provided for in the cooperative agreement authorized by
that section, for the purpose of paying debt service charges on
bonds, or notes in anticipation thereof, described in division
(B)(1)(b) of that section, a board of county commissioners, by
resolution adopted within ninety days after December 22,
1992, by a majority of the members of the board, may
levy an additional excise tax not to exceed one and one-half per
cent on transactions by which lodging by a hotel is or is to be
furnished to transient guests. The excise tax authorized by this
division shall be in addition to any tax that is levied pursuant
to divisions (A), (B), and (C) of this section, to any excise tax
levied pursuant to division (C) of section 5739.02 of the Revised
Code, and to any excise tax levied pursuant to section 351.021 of
the Revised Code. The board of county commissioners shall
establish all regulations necessary to provide for the
administration and allocation of the tax that are not
inconsistent with this section or section 307.671 of the Revised
Code. All revenues arising from the tax shall be expended in
accordance with section 307.671 of the Revised Code and division
(D) of this section. The levy of a tax imposed under this
section may not commence prior to the first day of the month next
following the execution of the cooperative agreement authorized
by section 307.671 of the Revised Code by all parties to that
agreement. Such tax shall remain in effect at the rate at which
it is imposed for the period of time described in division (C) of
section 307.671 of the Revised Code for which the revenue from
the tax has been pledged by the county to the corporation
pursuant to such section, but, to any extent provided for in the
cooperative agreement, for no lesser period than the period of
time required for payment of the debt service charges on bonds,
or notes in anticipation thereof, described in division (B)(1)(b)
of that section.
(E) For the purpose of paying the costs of acquiring,
constructing, equipping, and improving a municipal educational
and cultural facility, including debt service charges on bonds
provided for in division (B) of section 307.672 of the Revised
Code, and for such additional purposes as are determined by the
county in the resolution levying the tax or amendments thereto,
INCLUDING SUBSEQUENT AMENDMENTS PROVIDING FOR PAYING COSTS OF ACQUIRING,
CONSTRUCTING, RENOVATING, REHABILITATING, EQUIPPING, AND IMPROVING A PORT
AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY, AS DEFINED IN
SECTION 307.674 of the Revised Code, INCLUDING DEBT SERVICE CHARGES ON BONDS PROVIDED FOR IN
DIVISION (B) OF SECTION 307.674 of the Revised Code, the legislative
authority of a county, by resolution adopted
within ninety days after June 30, 1993, by a majority of the members of the
legislative authority, may levy an additional excise tax not to exceed one
and one-half per cent on transactions by which lodging by a hotel
is or is to be furnished to transient guests. The excise tax
authorized by this division shall be in addition to any tax that
is levied pursuant to divisions (A), (B), (C), and (D) of this
section, to any excise tax levied pursuant to division (C) of
section 5739.02 of the Revised Code, and to any excise tax levied
pursuant to section 351.021 of the Revised Code. The legislative
authority of the county shall establish all regulations necessary
to provide for the administration and allocation of the tax. All
revenues arising from the tax shall be expended in accordance
with section 307.672 of the Revised Code and division (E) of this
section. The levy of a tax imposed under this division shall not
commence prior to the first day of the month next following the
execution of the cooperative agreement authorized by section
307.672 of the Revised Code by all parties to that agreement.
Such tax shall remain in effect at the rate at which it is
imposed for the period of time determined by the legislative
authority of the county, but not to exceed fifteen years.
(F) THE LEGISLATIVE AUTHORITY OF A COUNTY THAT HAS LEVIED A TAX
UNDER DIVISION (E) OF THIS SECTION MAY, BY RESOLUTION ADOPTED WITHIN
ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, BY A
MAJORITY OF THE MEMBERS OF THE
LEGISLATIVE AUTHORITY, AMEND THE RESOLUTION LEVYING A TAX UNDER DIVISION
(E) OF THIS SECTION TO PROVIDE FOR THE USE OF THE PROCEEDS OF THAT
TAX, TO THE EXTENT THAT IT IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE AS
DETERMINED BY THE PARTIES TO A COOPERATIVE AGREEMENT AMENDMENT PURSUANT TO
DIVISION (D) OF SECTION 307.672 of the Revised Code, TO PAY COSTS OF ACQUIRING,
CONSTRUCTING, RENOVATING, REHABILITATING, EQUIPPING, AND IMPROVING A PORT
AUTHORITY EDUCATIONAL AND CULTURAL PERFORMING ARTS FACILITY, INCLUDING DEBT
SERVICE CHARGES ON BONDS PROVIDED FOR IN DIVISION (B) OF SECTION
307.674 of the Revised Code. THE RESOLUTION MAY ALSO PROVIDE FOR THE EXTENSION OF THE TAX AT
THE SAME RATE FOR THE LONGER OF THE PERIOD OF TIME DETERMINED BY THE
LEGISLATIVE AUTHORITY OF THE COUNTY, BUT NOT TO EXCEED AN ADDITIONAL
TWENTY-FIVE YEARS, OR THE PERIOD OF TIME REQUIRED TO PAY ALL DEBT SERVICE
CHARGES ON BONDS PROVIDED FOR IN DIVISION (B) OF SECTION 307.672 of the Revised Code
AND ON PORT AUTHORITY REVENUE BONDS PROVIDED FOR IN DIVISION (B) OF
SECTION 307.674 of the Revised Code. ALL REVENUES ARISING FROM THE AMENDMENT AND EXTENSION
OF THE TAX SHALL BE EXPENDED IN ACCORDANCE WITH SECTION 307.674 of the Revised Code AND
DIVISIONS (E) AND (F) OF THIS SECTION.
Section 2. That existing sections 307.672 and 5739.024 of the Revised Code are
hereby repealed.
Section 3. The amendment and enactment of sections of the Revised Code by
Section 1 of this act apply to any proceedings commenced after the effective
date of this act, and, so far as the provisions thereof support the actions
taken, to any proceedings pending or in progress on, or completed prior to,
the effective date of this act. The authority provided by Section 1 of this
act is supplemental to and not in derogation of any similar authority provided
by, derived from, or implied by any law, the constitution, or any charter,
resolution, or ordinance, and no inference shall be drawn to negate the
authority thereunder by reason of the express provisions contained in Section
1.
Section 4. 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 the expeditious authorization of the
cooperative undertaking by the various entities provided for herein is
required to better enable the timely acquisition, construction, improvement,
and equipping of immediately needed educational and cultural performing arts
facilities and the timely commitments to do so. Therefore, this act shall go
into immediate effect.
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