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Am. Sub. H. B. No. 513As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Seitz, Schmidt, Raga, Brinkman, Hagan, Faber, Collier, Carano, Seaver, Schaffer, Lendrum, Fessler, Grendell, Blasdel, Schneider, Roman, Sferra, Hughes, Setzer, Distel, Flowers, Wolpert, Niehaus, Calvert, Webster, Allen, Otterman, Gilb, Manning, Olman, Clancy, Damschroder, Latta, Womer Benjamin, Sulzer, Reidelbach, Kearns, Willamowski, Latell, Cates
SENATOR Robert Gardner
A BILL
To amend sections 124.23, 124.27, 133.01, 505.10,
505.82, 505.87,
507.11, 517.15,
5543.10, 5571.14,
5571.16,
5705.13,
and 5705.19, to enact section
505.401, and
to repeal sections 517.16, 517.17,
and
517.18 of
the Revised Code to authorize taxing
authorities to
create multiple reserve balance
accounts for rainy
day funds; to permit
political
subdivisions to levy
a tax in excess of the
ten-mill
limitation for
parks and recreational
purposes and to permit a
township to levy such a
tax on
a permanent
continuous basis; to expand the
authority of
townships pertaining to the permanent
endowment
fund for their cemeteries; to authorize
townships
to sell real property under certain
circumstances
without a public auction or
competitive bidding; to
authorize townships to
declare a road obstruction
to be a nuisance and to
order its removal; to
permit counties and townships
to provide curbs,
including driveway
aprons, and
gutters along public
highways; to permit a board of
township trustees to
require a permit for the
installation of a driveway
culvert; to permit a
board of township trustees
to
declare an emergency
for up to six months in order
to remove, among
other things, snow and ice from
private
roads; to
permit notice by posting and photograph in certain
township nuisance abatement actions; to
permit
authorized
township
officers
and employees
to incur
obligations of up
to $2500
without prior
approval;
to
make changes in
the residency
requirements for
employees in the
classified civil
service; and to
authorize township
fire districts to issue bonds in
accordance
with
the Uniform Public Securities Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.23, 124.27, 133.01, 505.10,
505.82,
505.87, 507.11, 517.15,
5543.10, 5571.14, 5571.16,
5705.13, and
5705.19 be amended and section 505.401 of
the Revised
Code be
enacted to read as follows:
Sec. 124.23. (A) All applicants for positions and places
in
the classified service shall be subject to examination, except
for
applicants for positions as professional or certified service
and
paraprofessional employees of county boards of mental
retardation
and developmental disabilities, who shall be hired in
the manner
provided in section 124.241 of the Revised Code. (B) Any examination administered under this section shall be
public, and open to all citizens of the United States and those
persons who have legally declared their intentions of becoming
United States citizens, within certain limitations to be
determined by the director of administrative services, as to
citizenship,
residence, age, experience, education, health,
habit,
and moral character; provided any soldier, sailor, marine,
coast
guarder, member of the auxiliary corps as
established by
congress,
member of the army nurse corps or navy nurse corps, or
red cross
nurse who has served in the army, navy, or hospital
service of the
United States, and such other military service as
is designated by
congress, including World War I, World War II,
or during the
period beginning May 1, 1949, and lasting so long
as the armed
forces of the United States are engaged in armed
conflict or
occupation duty, or the selective service or similar
conscriptive
acts are in effect in the United States, whichever
is the later
date, who has been honorably discharged therefrom or
transferred
to the reserve with evidence of satisfactory service,
and is a
resident of Ohio, may file with the director of administrative
services a
certificate of service or honorable discharge,
whereupon the
person shall
receive additional credit of twenty per
cent of the person's
total grade given in the regular examination
in which the person receives a
passing grade. Such examination
may include an evaluation of such
factors as education, training,
capacity, knowledge, manual
dexterity, and physical or
psychological fitness. Examinations
shall consist of one or more
tests in any combination. Tests may
be written, oral, physical,
demonstration of skill, or an
evaluation of training and
experiences and shall be designed to
fairly test the relative
capacity of the persons examined to
discharge the particular
duties of the position for which
appointment is sought. Where
minimum or maximum requirements are
established for any
examination they shall be specified in the
examination
announcement. The director of administrative services shall have control of
all
examinations, except
as otherwise provided in sections 124.01
to 124.64 of the Revised
Code. No questions in any examination
shall relate to political
or religious opinions or affiliations.
No credit for seniority,
efficiency, or any other reason shall be
added to an applicant's
examination grade unless the applicant
achieves at least the
minimum passing grade on the examination
without counting such
extra credit. Except as otherwise provided in sections 124.01 to 124.64
of
the Revised Code, the director of administrative services shall
give reasonable notice
of the time, place, and general scope of
every competitive examination for appointment to a position in
the
civil service. The director of
administrative services shall send
written, printed, or electronic notices
of
every examination of
the state classified service to each agency of the type
the
director of job and family services specifies and, in the case of
a county
in which no such agency is located, to the clerk of the
court of common pleas
of
that county and to the clerk of each city
of
that county. Such notices,
promptly upon receipt, shall be
posted in conspicuous
public places in the designated agencies
and
the courthouse, and city hall of the
cities, of the counties in
which no such agency is located. Such
notices shall be posted in
a conspicuous place in the office of
the director of
administrative services for at least two weeks before
any
examination. In case of examinations limited by the director
of
administrative services to a district, county, city, or
department,
the director
of administrative services shall provide
by rule for adequate publicity
of such examinations in the
district, county, city, or department within which
competition is
permitted.
Sec. 124.27. (A) The head of a department, office, or
institution, in which a position in the classified service is to
be filled, shall notify the director of administrative services
of
the fact, and the director shall, except as otherwise provided
in
this section and sections 124.30 and 124.31 of the Revised
Code,
certify to the appointing authority the names and addresses
of the
ten candidates standing highest on the
eligible list for the class
or grade to which the position belongs; provided
that the director
may certify less than ten names if
ten names are not available.
When less than ten names
are certified to an appointing authority,
appointment from that
list shall not be
mandatory. When a
position in the classified service in the
department of mental
health or the department of mental
retardation and developmental
disabilities is to be filled, the
director of administrative
services shall make such certification
to the appointing authority
within seven working days of the date
the eligible list is
requested. (B) The appointing authority shall notify the director of
such
position to be filled, and the appointing authority shall
fill such position by appointment of one of the ten persons
certified by the
director. If more than one position is to be
filled, the director of
administrative services may certify a
group of names from the
eligible list and the appointing authority
shall appoint in the
following manner: Beginning at the top of
the list, each time a
selection is made it must be from one of the
first
ten candidates remaining on the list who is willing to
accept
consideration for the position. If an eligible list
becomes
exhausted, and until a new list can be created, or when no
eligible list for such position exists, names may be certified
from eligible lists most appropriate for the group or class in
which the position to be filled is classified. A person
certified
from an eligible list more than three times to the same
appointing
authority for the same or similar positions, may be
omitted from
future certification to such appointing authority,
provided that
certification for a temporary appointment shall not
be counted as
one of such certifications. Every soldier, sailor,
marine, coast
guarder, member of the auxiliary corps as
established by congress,
member of the army nurse corps, or navy
nurse corps, or red cross
nurse who has served in the army, navy,
or hospital service of the
United States, and such other military
service as is designated by
congress in the war with Spain,
including the Philippine
insurrection and the Chinese relief
expedition, or from April 21,
1898, to July 4, 1902, World War I,
World War II, or during the
period beginning May 1, 1949, and
lasting so long as the armed
forces of the United States are
engaged in armed conflict or
occupation duty, or the selective
service or similar conscriptive
acts are in effect in the United
States, whichever is the later
date, who has been honorably
discharged or separated under
honorable conditions therefrom, who
is a resident of this state,
and whose name is on the
eligible list for
a position, shall be
entitled to preference in original
appointments to any such
competitive position in the civil
service of the state and the
civil divisions thereof, over all
persons eligible for such
appointments and standing on the list
therefor, with a rating
equal to that of each such person.
Appointments to all positions
in the classified service, that are
not filled by promotion,
transfer, or reduction, as provided in
sections 124.01 to 124.64
of the Revised Code and the rules of
the director prescribed under
those sections, shall be made only
from those persons whose names
are certified to the appointing
authority, and no employment,
except as provided in those
sections, shall be otherwise given in
the classified service of
this state or any political subdivision
of the state. (C) All original and promotional appointments, including
provisional appointments made pursuant to section 124.30 of the
Revised Code, shall be for a probationary period, not less than
sixty days nor more than one year, to be fixed by the rules of
the
director, except as provided in section 124.231 of the
Revised
Code, or except original appointments to a police
department as a
police officer, or to a fire department
as a firefighter which
shall be for a probationary
period of one year, and no
appointment
or promotion is final until the
appointee has satisfactorily
served the probationary period. Service as a
provisional employee
in the same or similar class shall be
included in the probationary
period. If the service of the probationary
employee is
unsatisfactory, the employee may be removed or
reduced at any time
during the probationary period. If the appointing
authority's
decision is to
remove the appointee, the appointing authority's
communication to the director shall
indicate the reason for that
decision. A
probationary employee duly removed or reduced in
position for unsatisfactory
service does not have the right to
appeal the removal or reduction under
section 124.34 of the
Revised Code. Any person appointed
to a position in the classified service
under sections 124.01 to
124.64 of the Revised Code, except
temporary and exceptional
appointments, shall be or become
forthwith a resident of the
state.
Sec. 133.01. As used in this chapter, in sections 9.95,
9.96, and 2151.655
of the Revised Code, in other sections of the
Revised Code that make reference to this chapter unless the
context does not permit, and in related proceedings, unless
otherwise expressly provided: (A) "Acquisition" as applied to real or personal property
includes, among other forms of acquisition, acquisition by
exercise of a purchase option, and acquisition of interests in
property, including, without limitation, easements and
rights-of-way, and leasehold and other lease interests initially
extending or extendable for a period of at least sixty months. (B) "Anticipatory securities" means securities, including
notes, issued in anticipation of the issuance of other
securities. (C) "Board of elections" means the county board of
elections
of the county in which the subdivision is located. If
the
subdivision is located in more than one county, "board of
elections" means the county board of elections of the county that
contains the largest portion of the population of the subdivision
or that otherwise has jurisdiction in practice over and
customarily handles election matters relating to the subdivision. (D) "Bond retirement fund" means the bond retirement fund
provided for in section 5705.09 of the Revised Code, and also
means a sinking fund or any other special fund, regardless of the
name applied to it, established by or pursuant to law or the
proceedings for the payment of debt charges. Provision may be
made in the applicable proceedings for the establishment in a
bond
retirement fund of separate accounts relating to debt
charges on
particular securities, or on securities payable from
the same or
common sources, and for the application of moneys in
those
accounts only to specified debt charges on specified
securities or
categories of securities. Subject to law and any
provisions in
the applicable proceedings, moneys in a bond
retirement fund or
separate account in a bond retirement fund may
be transferred to
other funds and accounts. (E) "Capitalized interest" means all or a portion of the
interest payable on securities from their date to a date stated
or
provided for in the applicable legislation, which interest is
to
be paid from the proceeds of the securities. (F) "Chapter 133. securities" means securities authorized
by
or issued pursuant to or in accordance with this chapter. (G) "County auditor" means the county auditor of the
county
in which the subdivision is located. If the subdivision
is
located in more than one county, "county auditor" means the
county
auditor of the county that contains the highest amount of
the tax
valuation of the subdivision or that otherwise has
jurisdiction in
practice over and customarily handles property
tax matters
relating to the subdivision. In the case of a county
that has
adopted a charter, "county auditor" means the officer
who
generally has the duties and functions provided in the
Revised
Code for a county auditor. (H) "Credit enhancement facilities" means letters of
credit,
lines of credit, stand-by, contingent, or firm securities
purchase
agreements, insurance, or surety arrangements,
guarantees, and
other arrangements that provide for direct or
contingent payment
of debt charges, for security or additional
security in the event
of nonpayment or default in respect of
securities, or for making
payment of debt charges to and at the
option and on demand of
securities holders or at the option of
the issuer or upon certain
conditions occurring under put or
similar arrangements, or for
otherwise supporting the credit or
liquidity of the securities,
and includes credit, reimbursement,
marketing, remarketing,
indexing, carrying, interest rate hedge,
and subrogation
agreements, and other agreements and arrangements
for payment and
reimbursement of the person providing the credit
enhancement
facility and the security for that payment and
reimbursement. (I) "Current operating expenses" or "current expenses"
means
the lawful expenditures of a subdivision, except those for
permanent improvements and for payments of debt charges of the
subdivision. (J) "Debt charges" means the principal, including any
mandatory sinking fund deposits and mandatory redemption
payments,
interest, and any redemption premium, payable on
securities as
those payments come due and are payable. The use
of "debt
charges" for this purpose does not imply that any
particular
securities constitute debt within the meaning of the
Ohio
Constitution or other laws. (K) "Financing costs" means all costs and expenses
relating
to the authorization, including any required election,
issuance,
sale, delivery, authentication, deposit, custody,
clearing,
registration, transfer, exchange, fractionalization,
replacement,
payment, and servicing of securities, including,
without
limitation, costs and expenses for or relating to
publication and
printing, postage, delivery, preliminary and
final official
statements, offering circulars, and informational
statements,
travel and transportation, underwriters, placement
agents,
investment bankers, paying agents, registrars,
authenticating
agents, remarketing agents, custodians, clearing
agencies or
corporations, securities depositories, financial
advisory
services, certifications, audits, federal or state
regulatory
agencies, accounting and computation services, legal
services and
obtaining approving legal opinions and other legal
opinions,
credit ratings, redemption premiums, and credit
enhancement
facilities. Financing costs may be paid from any
moneys available
for the purpose, including, unless otherwise
provided in the
proceedings, from the proceeds of the securities
to which they
relate and, as to future financing costs, from the
same sources
from which debt charges on the securities are paid
and as though
debt charges. (L) "Fiscal officer" means the following, or, in the case
of
absence or vacancy in the office, a deputy or assistant
authorized
by law or charter to act in the place of the named
officer, or if
there is no such authorization then the deputy or
assistant
authorized by legislation to act in the place of the
named officer
for purposes of this chapter, in the case of the
following
subdivisions: (1) A county, the county auditor; (2) A municipal corporation, the city auditor or village
clerk or clerk-treasurer, or the officer who, by virtue of a
charter, has the duties and functions provided in the Revised
Code
for the city auditor or village clerk or clerk-treasurer; (3) A school district, the treasurer of the board of
education; (4) A regional water and sewer district, the secretary of
the board of trustees; (5) A joint township hospital district, the treasurer of
the
district; (6) A joint ambulance district, the clerk of the board of
trustees; (7) A joint recreation district, the person designated
pursuant to section 755.15 of the Revised Code; (8) A detention facility district or a district organized
under section 2151.65 of the Revised Code or a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
the county auditor of the county designated by law to act as the
auditor of the district; (9) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the clerk of
the township; (10) A joint fire district, the clerk of the board of
trustees of that district; (11) A regional or county library district, the person
responsible for the financial affairs of that district; (12) A joint solid waste management district, the fiscal
officer appointed by the board of directors of the district under
section 343.01 of the Revised Code; (13) A joint emergency medical services district, the person
appointed as
fiscal officer pursuant to division (D) of section
307.053 of the Revised
Code; (14) A fire and ambulance district, the person appointed as
fiscal officer
under division (B) of section 505.375 of the
Revised Code; (15) A subdivision described in division (MM)(16)(17) of
this
section, the officer who is designated by law as or performs
the
functions of its chief fiscal officer. (M) "Fiscal year" has the same meaning as in section 9.34
of
the Revised Code. (N) "Fractionalized interests in public obligations" means
participations, certificates of participation, shares, or other
instruments or agreements, separate from the public obligations
themselves, evidencing ownership of interests in public
obligations or of rights to receive payments of, or on account
of,
principal or interest or their equivalents payable by or on
behalf
of an obligor pursuant to public obligations. (O) "Fully registered securities" means securities in
certificated or uncertificated form, registered as to both
principal and interest in the name of the owner. (P) "Fund" means to provide for the payment of debt
charges
and expenses related to that payment at or prior to
retirement by
purchase, call for redemption, payment at maturity,
or otherwise. (Q) "General obligation" means securities to the payment
of
debt charges on which the full faith and credit and the
general
property taxing power, including taxes within the tax
limitation
if available to the subdivision, of the subdivision
are pledged. (R) "Interest" or "interest equivalent" means those
payments
or portions of payments, however denominated, that
constitute or
represent consideration for forbearing the
collection of money, or
for deferring the receipt of payment of
money to a future time. (S) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended,
and
includes any laws of the United States providing for
application
of that code. (T) "Issuer" means any public issuer and any nonprofit
corporation authorized to issue securities for or on behalf of
any
public issuer. (U) "Legislation" means an ordinance or resolution passed
by
a majority affirmative vote of the then members of the taxing
authority unless a different vote is required by charter
provisions governing the passage of the particular legislation by
the taxing authority. (V) "Mandatory sinking fund redemption requirements" means
amounts required by proceedings to be deposited in a bond
retirement fund for the purpose of paying in any year or fiscal
year by mandatory redemption prior to stated maturity the
principal of securities that is due and payable, except for
mandatory prior redemption requirements as provided in those
proceedings, in a subsequent year or fiscal year. (W) "Mandatory sinking fund requirements" means amounts
required by proceedings to be deposited in a year or fiscal year
in a bond retirement fund for the purpose of paying the principal
of securities that is due and payable in a subsequent year or
fiscal year. (X) "Net indebtedness" has the same meaning as in division
(A) of section 133.04 of the Revised Code. (Y) "Obligor," in the case of securities or fractionalized
interests in public obligations issued by another person the debt
charges or their equivalents on which are payable from payments
made by a public issuer, means that public issuer. (Z) "One purpose" relating to permanent improvements means
any one permanent improvement or group or category of permanent
improvements for the same utility, enterprise, system, or
project,
development or redevelopment project, or for or devoted
to the
same general purpose, function, or use or for which
self-supporting securities, based on the same or different
sources
of revenues, may be issued or for which special
assessments may be
levied by a single ordinance or resolution.
"One purpose"
includes, but is not limited to, in any case any
off-street
parking facilities relating to another permanent
improvement, and: (1) Any number of roads, highways, streets, bridges,
sidewalks, and viaducts; (2) Any number of off-street parking facilities; (3) In the case of a county, any number of permanent
improvements for courthouse, jail, county offices, and other
county buildings, and related facilities; (4) In the case of a school district, any number of
facilities and buildings for school district purposes, and
related
facilities. (AA) "Outstanding," referring to securities, means
securities that have been issued, delivered, and paid for, except
any of the following: (1) Securities canceled upon surrender, exchange, or
transfer, or upon payment or redemption; (2) Securities in replacement of which or in exchange for
which other securities have been issued; (3) Securities for the payment, or redemption or purchase
for cancellation prior to maturity, of which sufficient moneys or
investments, in accordance with the applicable legislation or
other proceedings or any applicable law, by mandatory sinking
fund
redemption requirements, mandatory sinking fund
requirements, or
otherwise, have been deposited, and credited for
the purpose in a
bond retirement fund or with a trustee or paying
or escrow agent,
whether at or prior to their maturity or
redemption, and, in the
case of securities to be redeemed prior
to their stated maturity,
notice of redemption has been given or
satisfactory arrangements
have been made for giving notice of
that redemption, or waiver of
that notice by or on behalf of the
affected security holders has
been filed with the subdivision or
its agent for the purpose. (BB) "Paying agent" means the one or more banks, trust
companies, or other financial institutions or qualified persons,
including an appropriate office or officer of the subdivision,
designated as a paying agent or place of payment of debt charges
on the particular securities. (CC) "Permanent improvement" or "improvement" means any
property, asset, or improvement certified by the fiscal officer,
which certification is conclusive, as having an estimated life or
period of usefulness of five years or more, and includes, but is
not limited to, real estate, buildings, and personal property and
interests in real estate, buildings, and personal property,
equipment, furnishings, and site improvements, and
reconstruction,
rehabilitation, renovation, installation,
improvement,
enlargement, and extension of property, assets, or
improvements so
certified as having an estimated life or period
of usefulness of
five years or more. The acquisition of all the
stock ownership of
a corporation is the acquisition of a
permanent improvement to the
extent that the value of that stock
is represented by permanent
improvements. A permanent
improvement for parking, highway, road,
and street purposes
includes resurfacing, but does not include
ordinary repair. (DD) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes any federal, state,
interstate,
regional, or local governmental agency, any
subdivision, and any
combination of those persons. (EE) "Proceedings" means the legislation, certifications,
notices, orders, sale proceedings, trust agreement or indenture,
mortgage, lease, lease-purchase agreement, assignment, credit
enhancement facility agreements, and other agreements,
instruments, and documents, as amended and supplemented, and any
election proceedings, authorizing, or providing for the terms and
conditions applicable to, or providing for the security or sale
or
award of, public obligations, and includes the provisions set
forth or incorporated in those public obligations and
proceedings. (FF) "Public issuer" means any of the following that is
authorized by law to issue securities or enter into public
obligations: (1) The state, including an agency, commission, officer,
institution, board, authority, or other instrumentality of the
state; (2) A taxing authority, subdivision, district, or other
local public or governmental entity, and any combination or
consortium, or public division, district, commission, authority,
department, board, officer, or institution, thereof; (3) Any other body corporate and politic, or other public
entity. (GG) "Public obligations" means both of the following: (2) Obligations of a public issuer to make payments under
installment sale, lease, lease purchase, or similar agreements,
which obligations bear interest or interest equivalent. (HH) "Refund" means to fund and retire outstanding
securities, including advance refunding with or without payment
or
redemption prior to maturity. (II) "Register" means the books kept and maintained by the
registrar for registration, exchange, and transfer of registered
securities. (JJ) "Registrar" means the person responsible for keeping
the register for the particular registered securities, designated
by or pursuant to the proceedings. (KK) "Securities" means bonds, notes, certificates of
indebtedness, commercial paper, and other instruments in writing,
including, unless the context does not admit, anticipatory
securities, issued by an issuer to evidence its obligation to
repay money borrowed, or to pay interest, by, or to pay at any
future time other money obligations of, the issuer of the
securities, but not including public obligations described in
division (GG)(2) of this section. (LL) "Self-supporting securities" means securities or
portions of securities issued for the purpose of paying costs of
permanent improvements to the extent that receipts of the
subdivision, other than the proceeds of taxes levied by that
subdivision, derived from or with respect to the improvements or
the operation of the improvements being financed, or the
enterprise, system, project, or category of improvements of which
the improvements being financed are part, are estimated by the
fiscal officer to be sufficient to pay the current expenses of
that operation or of those improvements or enterprise, system,
project, or categories of improvements and the debt charges
payable from those receipts on securities issued for the purpose.
Until such time as the improvements or increases in rates and
charges have been in operation or effect for a period of at least
six months, the receipts therefrom, for purposes of this
definition, shall be those estimated by the fiscal officer,
except
that those receipts may include, without limitation,
payments made
and to be made to the subdivision under leases or
agreements in
effect at the time the estimate is made. In the
case of an
operation, improvements, or enterprise, system,
project, or
category of improvements without at least a six-month
history of
receipts, the estimate of receipts by the fiscal
officer, other
than those to be derived under leases and
agreements then in
effect, shall be confirmed by the taxing
authority. (MM) "Subdivision" means any of the following: (1) A county, including a county that has adopted a
charter
under Article X, Ohio Constitution; (2) A municipal corporation, including a municipal
corporation that has adopted a charter under Article XVIII, Ohio
Constitution; (4) A regional water and sewer district organized under
Chapter 6119. of the Revised Code; (5) A joint township hospital district organized under
section 513.07 of the Revised Code; (6) A joint ambulance district organized under section
505.71 of the Revised Code; (7) A joint recreation district organized under division
(C)
of section 755.14 of the Revised Code; (8) A detention facility district organized under section
2152.41, a district organized under section 2151.65,
or a
combined
district organized under sections 2152.41 and
2151.65 of
the
Revised Code; (9) A township police district organized under section
505.48 of the Revised Code; (11) A joint fire district organized under section 505.371
of the Revised Code; (12) A county library district created under section
3375.19
or a regional library district created under section
3375.28 of
the Revised Code; (13) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code; (14) A joint emergency medical services district organized
under section
307.052 of the Revised Code; (15) A fire and ambulance district organized under section
505.375 of the
Revised Code; (16)
A fire district organized under division (C) of section
505.37 of the Revised Code; (17) Any other political subdivision or taxing district or
other local public body or agency authorized by this chapter or
other laws to issue Chapter 133. securities. (NN) "Taxing authority" means in the case of the following
subdivisions: (1) A county, a county library district, or a regional
library district, the board or boards of county commissioners, or
other legislative authority of a county that has adopted a
charter
under Article X, Ohio Constitution, but with respect to
such a
library district acting solely as agent for the board of
trustees
of that district; (2) A municipal corporation, the legislative authority; (3) A school district, the board of education; (4) A regional water and sewer district, a joint ambulance
district, a joint recreation district, a fire and ambulance
district, or a
joint fire district,
the board of trustees of the
district; (5) A joint township hospital district, the joint township
hospital board; (6) A detention facility district or a district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
or a joint
emergency medical services district, the joint board of
county commissioners; (7) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the board of
township trustees; (8) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code, the board of
directors of the district; (9) A subdivision described in division (MM)(16)(17) of this
section, the legislative or governing body or official. (OO) "Tax limitation" means the "ten-mill limitation" as
defined in section 5705.02 of the Revised Code without diminution
by reason of section 5705.313 of the Revised Code or otherwise,
or, in the case of a municipal corporation or county with a
different charter limitation on property taxes levied to pay debt
charges on unvoted securities, that charter limitation. Those
limitations shall be respectively referred to as the "ten-mill
limitation" and the "charter tax limitation." (PP) "Tax valuation" means the aggregate of the valuations
of property subject to ad valorem property taxation by the
subdivision on the real property, personal property, and public
utility property tax lists and duplicates most recently certified
for collection, and shall be calculated without deductions of the
valuations of otherwise taxable property exempt in whole or in
part from taxation by reason of exemptions of certain amounts of
taxable value under division (C) of section 5709.01 or section
323.152 of the Revised Code, or similar laws now or in the future
in effect. (QQ) "Year" means the calendar year. (RR) "Interest rate hedge" means any arrangement by which
either: (1) The different interest costs or receipts at fixed
interest rates and at floating interest rates, or at different
maturities, are exchanged on stated amounts of bonds or
investments, or on notional amounts; (2) A party will pay interest costs in excess of an agreed
limitation. (SS) "Administrative agent," "agent," "commercial paper,"
"floating rate interest structure," "indexing agent," "interest
rate period," "put arrangement," and "remarketing agent" have the
same meanings as in section 9.98 of the Revised Code. (TT) "Sales tax supported" means
obligations to the payment
of debt charges on which an
additional sales tax or additional
sales taxes have been pledged
by the taxing authority of a county
pursuant to section 133.081
of the Revised
Code.
Sec. 505.10. The board of township trustees may accept, on
behalf of the township, the donation by bequest, devise, deed of
gift, or otherwise, of any
real or personal
property
for any
township use. When the township has property, including
motor
vehicles, road machinery, equipment, and tools, which the
board,
by resolution, finds it does not need
for public use,
are
is
obsolete, or
are
is unfit for the use for which
they were
it was
acquired,
the board may sell and
convey
that property
or
otherwise
dispose
of it in accordance with this section. Except
as
otherwise
provided
in
sections
505.08
and, 505.101, and
505.102 of the
Revised Code,
the sale
or
other disposition of
unneeded, obsolete,
or unfit
property shall
be
made in accordance
with one of the
following: (A)(1) If the fair market value of
property to be sold
is,
in the opinion of the board, in excess of two thousand five
hundred
dollars, the
sale shall be by public auction, and the
board
shall publish notice of the time,
place, and
manner of the
sale
once a week for three weeks in a
newspaper
published, or of
general circulation, in the township,
the
last
of
those
publications to be at least five days
before
the date of
sale, and
shall post a typewritten or printed
notice
of the time,
place, and
manner of the sale in the office of
the
board for at least ten
days
prior to the sale.
(2) If the fair market value of
property to be sold is,
in
the opinion of the board, two thousand five hundred dollars or
less, the
board may sell the property by private sale, without
advertisement or public
notification. (3) If the board finds, by resolution, that the
township has
motor vehicles, road machinery, equipment, or tools
which are not
needed, or
are unfit for public use, and the
board wishes
to sell
the motor vehicles, road machinery,
equipment, or tools
to the
person or firm from which it proposes
to purchase other
motor
vehicles, road machinery, equipment, or
tools, the board
may offer
to sell the motor vehicles, road
machinery, equipment,
or tools to
that person or firm, and to
have
the selling price
credited to
the person or firm against
the purchase price of
other motor
vehicles, road machinery,
equipment, or tools. (4) If the board advertises for bids for the sale of
new
motor vehicles, road machinery, equipment, or tools to the
township, it may include in the same advertisement a notice of
the
willingness of the board to accept bids for the purchase of
township-owned motor vehicles, road machinery, equipment, or
tools
which are obsolete or not needed for public use, and to
have the
amount of
those bids subtracted from the selling
price of
the new
motor vehicles, road machinery, equipment, or
tools, as a
means of
determining the lowest responsible bidder. (5) When a township has title to real property, the board of
township
trustees, by resolution,
may authorize the
transfer and
conveyance of
that property to any other
political subdivision of
the state upon such terms as are agreed
to between
the board and
the legislative authority of
that political subdivision.
(6)
When a township has title to real property and the board
of township trustees wishes to sell or otherwise transfer the
property, the board, upon a unanimous vote of its members and by
resolution, may authorize the transfer and conveyance of that real
property to any person upon whatever terms are agreed to between
the board and that person. (7) If the board of township trustees determines that
township personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property. (B) When the board has offered property at public auction
under
this section and has not received an acceptable offer, the
board, by
resolution, may enter into a contract, without
advertising or bidding, for the
sale of that property. The
resolution shall specify a minimum acceptable
price and the
minimum acceptable terms for the contract. The minimum
acceptable
price shall not be lower than the minimum price established for
the
public auction.
(C) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
board of township trustees may sell personal property,
including
motor vehicles, road machinery, equipment, tools, or
supplies,
which is not needed for public use, or is obsolete or
unfit for
the use for which it was acquired, by internet auction.
The board
shall adopt, during each calendar year, a resolution
expressing
its intent to sell that property by internet auction.
The
resolution shall include a description of how the auctions
will be
conducted and shall specify the number of days for bidding
on the
property, which shall be no less than fifteen days,
including
Saturdays, Sundays, and legal holidays. The resolution
shall
indicate whether the township will conduct the auction or
the
board will contract with a representative to conduct the
auction
and shall establish the general terms and
conditions of
sale. If
a representative is known when
the resolution is
adopted, the
resolution shall provide contact
information such as
the
representative's name, address, and telephone
number. After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the township, notice of its
intent to sell unneeded, obsolete, or unfit township personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A clerk also shall post a similar
notice throughout the calendar year in a conspicuous place in the
board's office, and, if the township maintains a website on the
internet, the notice shall be posted continually throughout the
calendar year at that website. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative. As used in this section, "internet" means the international
computer network of both federal and nonfederal interoperable
packet switched data networks, including the graphical subnetwork
called the world wide web.
Sec. 505.401. Pursuant to Chapter 133. of the Revised Code,
the board of trustees of a fire district organized under division
(C) of section 505.37 of the Revised Code may issue bonds for the
purpose of acquiring fire-fighting equipment, buildings, and sites
for the district or for the purpose of constructing or improving
buildings to house fire-fighting equipment.
Sec. 505.82. (A) If a board of township trustees by a
unanimous vote or, in the event of the unavoidable absence of
one
trustee, by an affirmative vote of two trustees adopts a
resolution declaring that an emergency exists that
threatens
life
or property within the unincorporated territory of the
township or
that such an emergency is imminent, the board may exercise
the
following powers
described in divisions (A)(1) and (2) and (B) of
this section during the emergency
in the one-month
for a period
of
time not exceeding six months
following the adoption of the
resolution:. The resolution shall state the specific time period
for which the emergency powers are in effect. (1) If an owner of an
undedicated road or stream bank in
the
unincorporated territory of the township has not provided for
the
removal of snow, ice, debris, or other obstructions from the
road
or bank,
the board may provide for that removal. Prior to
providing for
the
removal, the board
of township trustees shall
give, or make
a
good
faith attempt to give, oral notice to the
owner
or owners of
the road or bank of
the
trustees'
board's
intent to clear the road
or bank and
to impose a service
charge
for doing so. The board
shall establish just and
equitable
service charges for the removal
to be paid, except as provided in
division (B) of this section, by the
owners of the road or bank.
The trustees The board shall keep a record of the
costs incurred by the
township in removing snow, ice, debris, or
other obstructions from
the road or bank. The service charges shall be
based on these
costs and shall be in an amount sufficient to
recover these costs.
If there is more than one owner of the
road or bank, the board,
except as provided in division (B) of this section,
shall allocate
the service charges among the
owners on an
equitable basis. The
board shall notify, in
writing, each owner
of the road or bank of
the amount of the service
charge
charges
and
shall certify the
charges to the county auditor. The
service
charges shall
constitute a lien upon the property. The auditor
shall place the
service charges on a special duplicate to be
collected as
other
taxes and returned to the township general
fund. (2)
Contract
The board may contract for the
immediate
acquisition, replacement,
or repair of equipment needed for the
emergency situation,
without
following the competitive bidding
requirements of section
5549.21
or any other section of the
Revised Code.
(B)
In lieu of collecting service charges from owners for the
removal of snow or ice from an undedicated road by the board of
township trustees as provided in division (A)(1) of this section,
the board may enter into a contract with a developer whereby the
developer agrees to pay the service charges for the snow and ice
removal instead of the owners. (C) The removal of snow, ice, debris, or other
obstructions
from
an undedicated road by a board of township trustees acting
pursuant to a
resolution adopted under division (A) of this
section does not
constitute approval or acceptance of the
undedicated road. (C)(D) As used in this section, "undedicated road" means a
road
that has not been approved and accepted by the board of
county
commissioners and is not a part of the state, county, or
township
road systems as provided in section 5535.01 of the
Revised Code.
(D)(E) Nothing in this section shall be construed to waive
the
requirement under section 1517.16 of the Revised Code that
approval of plans be obtained from
the director of natural
resources or the director's representative prior to
modifying or
causing the modification of the channel of any watercourse in a
wild, scenic, or recreational river area outside the limits of a
municipal
corporation.
Sec. 505.87. (A) A board of township trustees may provide
for the abatement, control, or removal of vegetation, garbage,
refuse, and other debris from land in the township, if the board
determines that the owner's maintenance of such vegetation,
garbage, refuse, and other debris constitutes a nuisance. (B) At least seven days
prior to
before providing for the
abatement, control, or removal of any vegetation, garbage,
refuse,
or debris, the board of township trustees shall notify
the owner
of the land and any holders of liens of record upon the
land that: (1) The owner is ordered to abate, control, or remove the
vegetation, garbage, refuse, or other debris, the owner's
maintenance of which has been determined by the board to be a
nuisance; (2) If such vegetation, garbage, refuse, or debris is
not
abated, controlled, or removed, or if provision for its
abatement,
control, or removal is not made, within seven days,
the board
will
shall provide for the abatement, control, or removal,
and any
expenses incurred by the board in performing that task
will
shall
be entered upon the tax duplicate and
will be
become a lien upon
the land from the date of entry. The board shall send the notice to the owner
of the land
by
certified mail if the owner is a resident of the
township or is a
nonresident whose address is known, and
by
certified mail to
lienholders of record; alternatively, if the
owner is a resident
of the township or is a nonresident whose
address is known, the
board may give notice to the owner by
causing any of its agents or
employees to post the notice on the
principal structure on the
land and to photograph that posted
notice with a camera capable of
recording the date of the
photograph on it. If the owner's
address is unknown and
cannot
reasonably be obtained, it is
sufficient to publish the
notice
once in a newspaper of general
circulation in the
township.
The
owner of the land or holders of
liens of record
upon the land
may
enter into an agreement with the
board of
township trustees
providing for either party to the
agreement to
perform the
abatement, control, or removal
prior to
before the time the
board
is required to provide for the
abatement, control, or
removal
under division (C) of this section. (C) If, within seven days after notice is given, the owner
of the land fails to abate, control, or remove the vegetation,
garbage, refuse, or debris, or no agreement for its abatement,
control, or removal is entered into under division (B) of this
section, the board of township trustees shall provide for the
abatement, control, or removal and may employ the necessary
labor,
materials, and equipment to perform the task. All
expenses
incurred shall, when approved by the board, be paid out
of the
township general fund from moneys not otherwise
appropriated. (D) The board of township trustees shall make a written
report to the county auditor of the board's action under this
section. The board shall include in the report a statement of
all
expenses incurred in providing for the abatement, control, or
removal of any vegetation, garbage, refuse, or debris, as
provided
in division (C) of this section, including the board's
charges for
its services, notification, the amount paid for the
labor,
materials, and equipment, and a proper description of the
premises. The expenses incurred, when allowed, shall be entered
upon the tax duplicate, are a lien upon the land from the date of
the entry, and shall be collected as other taxes and returned to
the township and placed in the township general fund.
Sec. 507.11. (A) The board of township trustees may
authorize, by resolution,
authorize township officers and
employees to incur obligations of
seven
two thousand
five hundred
fifty dollars or less on behalf of the township, or it may
authorize, by resolution, the township administrator to so
authorize township officers and employees. The obligations
incurred on behalf of the township by a township officer
or
employee acting pursuant to any such resolution shall be
subsequently
approved by the adoption of a formal resolution of
the board of township
trustees. (B) No money belonging to the township shall be paid out,
except upon an
order
sign personally
signed by at least two of the
township trustees, and
countersigned by the township clerk.
Sec. 517.15.
The
A board of township trustees may
receive by
gift, devise,
bequest, or otherwise, any money,
securities, or
other property, in trust, as a
permanent fund to be
held and
invested by the board and its successors in
office, the
income
therefrom to be used and expended under its direction, in
create a
permanent cemetery endowment fund for the purpose of
maintaining,
improving, and beautifying township cemeteries and
burial lots in
township cemeteries. The fund shall consist of
money arising from
the following sources: (A) Gifts, devises, or bequests received for the purpose of
maintaining, improving, or beautifying township cemeteries; (B) Charges added to the price regularly charged for burial
lots for the purpose of maintaining, improving, or beautifying
township cemeteries; (C) Contributions of money from the township general fund; (D) An individual agreement with the purchaser of a burial
lot providing that a part of the purchase price is to be applied
to the purpose of maintaining, improving, or beautifying any
burial lot designated and named by the purchaser; (E) Individual gifts, devises, or bequests made for the
care
maintenance, improvement, and
beautifying
beautification of any
burial lot designated and named
by the person making
such
the
gift, devise, or bequest, in any township cemetery
over which such
board has jurisdiction.
Sec. 5543.10. (A) The county engineer, upon the order of
the board
of county
commissioners or board of township trustees,
shall construct sidewalks, curbs, or gutters of
suitable
materials, along or connecting the public highways, outside any
municipal corporation, upon the petition of a majority of the
abutting
property
owners, and the. The expense of
the construction
of
such sidewalks
these improvements may be paid by the
county or
township, or by the county or township and abutting property
owners
in such proportion as determined by the board of county
commissioners or board
of township trustees. The board of county
commissioners or board of township
trustees may assess part or all
of the cost of
such sidewalks
these improvements against the
abutting property owners, in proportion to benefits accruing to
such
their property. The board of county commissioners or board of township
trustees
may, by
unanimous vote,
may order the construction,
repair, or maintenance of sidewalks, curbs, and gutters
along or
connecting the public highways, outside a municipal corporation,
without a petition
therefor
for that construction, repair, or
maintenance, and may assess none, all, or any
part of the cost
against abutting property owners, provided that notice is given
by
publication
for three successive weeks in a newspaper of general
circulation
within the
county, stating the intention of the board
of county
commissioners or board of
township trustees to
construct, repair, or maintain
such
sidewalks,
the specified
improvements and fixing
a date for
a hearing on
the improvement
them.
As part of
these
a sidewalk
improvements
improvement, the
board may include the repair or
reconstruction of a driveway
within the sidewalk easement.
As part of a curb improvement, the
board may include construction or repair of a driveway apron. Notice to all abutting property owners shall be given by two
publications in a
newspaper of general circulation in
such
the
county, at least ten
days prior to the
date fixed in the notice
for the making of
such assessments.
Such
The notice shall
state
the time and place when abutting property owners will be
given an
opportunity to be heard with reference to assessments, and the.
The
board of county
commissioners or board of township trustees
shall determine
whether
such
assessments shall be paid in one or
more installments. (B) The county engineer may trim or remove any and all
trees,
shrubs, and other vegetation growing in or encroaching onto
the right-of-way
of the easement of a public sidewalk along or
connecting the public
highways and maintained by the county, and
the board of township trustees may
trim or remove any and all
trees, shrubs, and other vegetation growing in or
encroaching onto
the right-of-way of the easement of a public
sidewalk along or
connecting the public highways and maintained by the
township, as
is necessary in the engineer's or board's judgment to facilitate
the right of the public to improvement and maintenance of, and
uninterrupted
travel on, public sidewalks in the county or
township.
Sec. 5571.14.
Whenever any fence
(A) A board of township
trustees or township highway superintendent may determine that an
object bounding any
public highway,
township road and located
wholly or in part
on the land belonging to
such
highway, in any
way
the road interferes
with
snow or ice removal from, the
maintenance of, or the proper
grading, draining, or dragging of
such highway
the road,
or causes the
drifting of snow
on the road,
or in any other manner obstructs
or endangers the public
travel of
such highway, the
road. The
board
of township trustees
or
superintendent then may declare
such
fence
the object to be a
public nuisance and order the owner,
agent, or occupant of the
lands
land on
or bordering upon which
such fence
the object is
maintained, to remove it
from such
highway within thirty days. If
such
that person refuses or
neglects to comply with
their
the
order, the board
or
superintendent shall have the
fence
object
removed, and the. The
expense incurred
in that removal shall be
certified to the county
auditor and entered on the tax duplicate
against
such
that land,
to be collected
in the same manner as
other taxes.
(B)(1) The authority granted in this section is in addition
to the authority granted in section 5543.14 of the Revised Code to
remove vegetation and the authority granted
in section 5547.03 of
the Revised Code to remove objects or
structures constituting
obstructions.
(2) The authority granted in this section applies to land
belonging to a township road whether owned in fee simple or by
easement. (3) Objects that may be declared to be a public nuisance
under this section include a fence, post, pole, athletic or
recreational apparatus, rock, or berm, any vegetation, or any
other object identified by the board or superintendent as
interfering with or obstructing the township road under division
(A) of
this section. (C) The authority granted in this section does not apply to
an object that is lawfully entitled to be maintained on land
belonging to a township road pursuant to a franchise or other
grant of
public authority.
Sec. 5571.16. The board of township trustees, by
resolution,
may require any
person to
obtain
a permit before
installing a
driveway culvert or making any
excavation in
a
public
township
highway
or
highway right-of-way within its
jurisdiction, except an
excavation to repair, rehabilitate, or
replace a pole already
installed for the purpose of providing
electric or
telecommunications service. The board
may, as a
condition to
the
granting of
such
the permit, may do any of the following: (A) Require the applicant to submit plans
indicating the
location, size, type, and duration of the
culvert or excavation
contemplated; (B) Specify methods of excavation, refilling, and
resurfacing
to be followed; (C) Require the use of
such warning devices
as it
deems
considers
necessary to protect travelers on the highway; (D) Require the applicant to indemnify the township against
liability or
damage as the result of
such
the installation of the
culvert or as a result of the excavation; (E) Require the applicant to post a
deposit or bond, with
sureties to the satisfaction of the board, conditioned
upon the
performance of all conditions
to such
in the permit. Applications for permits
under this section shall be made to
the township clerk upon forms to be
furnished by the board.
Such
applications
Applications, including, but not limited to, a single
application
for an excavation project to install six or more poles
for the
purpose of providing electric or telecommunications
service or to
install a pole associated with underground electric
or
telecommunications service, shall be accompanied by a fee of
fifty
dollars
per application,
which
fee shall be returned to the
applicant if the
application is
denied.
Except as otherwise
provided in this section, no application or fee
shall be required
for an excavation project to install five or
fewer poles for the
purpose of providing electric or telecommunications service, but
the person making that excavation shall
provide verifiable notice
of the excavation to the township clerk
at least three business
days prior to the date of the excavation. No person shall
install a driveway culvert or make an
excavation in any township highway
or
highway right-of-way in
violation
of any resolution adopted
pursuant to this section;,
except that, in the case
of an emergency
requiring immediate
action to protect the public health,
safety,
and welfare, an
excavation may be made without first obtaining a
permit, if
such
an application is made at the earliest possible
opportunity.
As used in this section, "person" has the same meaning as in
section 1.59 of the Revised Code, and "right-of-way" has the same
meaning
as in division (UU)(2) of section 4511.01 of the Revised
Code.
Sec. 5705.13. (A)
A taxing
authority of a subdivision, by
resolution or ordinance, may
establish
a reserve balance
account
accounts to accumulate currently available
resources for
any of
the
following purposes: (1) To stabilize subdivision budgets against cyclical
changes in revenues
and expenditures; (2) Except as otherwise provided by this section, to provide
for the
payment of claims under a self-insurance program for the
subdivision, if the
subdivision is permitted by law to establish
such a program; (3) To provide for the payment of claims under a
retrospective ratings
plan for workers' compensation. The ordinance or resolution establishing a reserve balance
account shall
state the purpose for which the
reserve balance
account is established, the
fund in which the account is to be
established, and the total amount of money
to be reserved in the
account. A subdivision that participates in a risk-sharing pool, by
which
governments pool risks and funds and share in the costs of
losses, shall not
establish a reserve balance account to provide
self-insurance for the
subdivision. A taxing authority of a subdivision shall not have more than
three reserve
balance
accounts at any time. Not more than one
reserve balance account may be
established for each of the
purposes permitted under
divisions (A)(2) and (3) of this section.
Money to
the credit of a
reserve balance account may be expended
only for the purpose
for
which the account was established.
A reserve balance account established for the purpose
described in
division (A)(1) of this section
shall
may be
established
in the general
fund
or in one or more special funds
for operating purposes of
the subdivision, and the. The amount of
money to
be reserved in
that
such an account in any fiscal year
shall not exceed
five per
cent of the
general fund
revenue
for
credited in the preceding
fiscal
year
to the fund in which the
account is established.
Subject to division (G) of
section 5705.29
of the Revised
Code,
any reserve balance in
an account
established
under division
(A)(1) of this section shall not be
considered part
of the
unencumbered balance or revenue of the subdivision
under
division
(A) of section 5705.35 or division (A)(1) of
section
5705.36 of
the Revised Code. At any time, a taxing authority of a subdivision, by
resolution or
ordinance, may
reduce or eliminate the reserve
balance in a reserve balance account
established for the purpose
described in division (A)(1) of this
section. A reserve balance account established for the purpose
described in
division (A)(2) or (3) of this section shall be
established in the general
fund
of the subdivision or by the
establishment of a separate internal service
fund established to
account for the operation of the self-insurance or retrospective
ratings plan
program, and shall be based on sound actuarial
principles. The total amount
of money in a reserve balance
account for self-insurance may be expressed in dollars or as the
amount
determined to represent an adequate reserve according to
sound actuarial
principles. A taxing authority of a subdivision, by resolution or
ordinance, may
rescind a reserve balance account established under
this division. If a
reserve balance account is rescinded, money
that has accumulated in the
account shall be transferred to the
fund or funds from which the money
originally was transferred. (B) A taxing authority of a subdivision, by resolution or
ordinance, may
establish a special revenue fund for the purpose of
accumulating resources
for the payment of accumulated sick leave
and vacation leave, and for payments
in lieu of taking
compensatory time off, upon the
termination of employment or the
retirement of officers and employees of the
subdivision. The
special revenue fund may also accumulate resources for
payment of
salaries during any fiscal year when the number of pay periods
exceeds the usual and customary number of pay periods.
Notwithstanding
sections 5705.14, 5705.15, and 5705.16 of the
Revised Code,
the taxing authority, by resolution or ordinance,
may transfer money to the
special
revenue fund from any other fund
of the subdivision from which such payments
may lawfully be made.
The taxing authority, by resolution or ordinance,
may rescind a
special revenue fund established under this division. If a
special revenue fund is rescinded, money that has accumulated in
the fund
shall be transferred to the fund or funds from which the
money originally was
transferred. (C) A taxing authority of a subdivision, by resolution or
ordinance, may establish a capital projects fund for the purpose
of
accumulating resources for the acquisition, construction, or
improvement of
fixed assets of the subdivision. For the purposes
of this section,
"fixed
assets" includes motor vehicles. More
than one capital projects fund may be
established and may exist at
any time. The ordinance or resolution shall
identify the source
of the money to be used to acquire, construct, or improve
the
fixed assets identified in the resolution or ordinance, the amount
of
money to be accumulated for that purpose, the period of time
over which that
amount is to be accumulated, and the fixed assets
that the taxing authority
intends to acquire, construct, or
improve with the money to be
accumulated in the fund. A taxing authority of a subdivision shall not accumulate
money in a
capital projects
fund for more than
five
ten years
after
the resolution or ordinance establishing
the fund is
adopted. If
the subdivision has not entered into a contract for
the
acquisition, construction, or improvement of
fixed assets for
which money was accumulated in such a fund before the end of
that
five-year
ten-year period, the fiscal officer of the subdivision
shall
transfer all money in the fund to the fund or funds from
which
that
money originally was transferred or the fund that
originally
was intended to
receive the money. A taxing authority of a subdivision, by resolution or
ordinance, may
rescind a capital
projects fund. If a capital
projects fund is rescinded, money that has
accumulated in the fund
shall be transferred to the fund or funds from which
the money
originally was transferred. Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the
taxing authority of a subdivision, by resolution
or ordinance, may transfer
money to the
capital projects fund from
any other fund of the subdivision that may
lawfully
be used for
the purpose of acquiring, constructing, or improving the fixed
assets identified in the resolution or ordinance.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts. The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to
the board of elections not less than seventy-five days before
the
election upon which it will be voted that the amount of taxes
that
may be raised within the ten-mill limitation will be
insufficient
to provide for the necessary requirements of the
subdivision and
that it is necessary to levy a tax in excess of
that limitation
for any of the following purposes: (A) For current expenses of the subdivision, except that
the
total levy for current expenses of a detention facility
district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections
2152.41
and 2151.65 of the Revised Code shall not exceed four mills; (B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925; (C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925; (D) For a public library of, or supported by, the
subdivision under whatever law organized or authorized to be
supported; (E) For a municipal university, not to exceed two mills
over
the limitation of one mill prescribed in section 3349.13 of
the
Revised Code; (F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue; (G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships; (H) For
parks and recreational purposes; (I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
firefighting
companies to operate the same, including the payment of the
firefighter employers'
contribution required under section
742.34
of
the Revised Code, or the purchase of ambulance
equipment, or
the provision of ambulance, paramedic, or other emergency
medical
services
operated by a fire department or firefighting
company; (J) For the purpose of providing and maintaining motor
vehicles, communications, and other equipment used directly in
the
operation of a police department, or the payment of salaries
of
permanent police personnel, including the payment of the
police
officer employers' contribution
required under section 742.33
of
the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political
subdivisions in order to obtain police protection, or the
provision of ambulance or emergency medical services operated by a
police
department; (K) For the maintenance and operation of a county home or
detention
facility; (L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code; (M) For regional planning; (N) For a county's share of the cost of maintaining and
operating schools, district detention facilities, forestry
camps,
or
other facilities, or any combination thereof, established under
section 2152.41 or 2151.65 of the Revised Code or both
of those
sections; (O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods; (P) For maintaining and operating sewage disposal plants
and
facilities; (Q) For the purpose of purchasing, acquiring,
constructing,
enlarging, improving, equipping, repairing,
maintaining, or
operating, or any combination of the foregoing, a
county transit
system pursuant to sections 306.01 to 306.13 of
the Revised Code,
or of making any payment to a board of
county commissioners
operating a transit system or a county transit
board pursuant to
section 306.06 of the Revised Code; (R) For the subdivision's share of the cost of acquiring
or
constructing any schools, forestry camps, detention
facilities,
or
other facilities, or any combination thereof, under section
2152.41 or 2151.65 of the Revised Code or both of
those sections; (S) For the prevention, control, and abatement of air
pollution; (T) For maintaining and operating cemeteries; (U) For providing ambulance service, emergency medical
service, or both; (V) For providing for the collection and disposal of
garbage
or refuse, including yard waste; (W) For the payment of the police officer
employers'
contribution or the firefighter
employers' contribution
required
under sections 742.33 and 742.34 of the Revised Code; (X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code; (Y) For providing or maintaining senior citizens services
or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code; (Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code; (AA) For the maintenance and operation of a free public
museum of art, science, or history; (BB) For the establishment and operation of a 9-1-1
system,
as defined in section 4931.40 of the Revised Code; (CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This
division
applies only to a county, township, or municipal
corporation. (DD) For the purpose of acquiring property for,
constructing, operating, and maintaining community centers as
provided for in section 755.16 of the Revised Code; (EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code; (FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15
of the Revised Code; (GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the
cost of constructing, maintaining, repairing, or operating a
water
supply improvement; (HH) For a board of township trustees to acquire, other
than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes
of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of
election,
or ballot form; (II) For the support by a county of a crime victim
assistance program that is provided and maintained by a county
agency or a private, nonprofit corporation or association under
section 307.62 of the Revised Code; (JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township. (KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties. (LL) For the support by a county of criminal justice
services under section 307.45 of the Revised Code; (MM) For the purpose of maintaining and operating a jail
or
other detention facility as defined in section 2921.01 of the
Revised Code; (NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural
fairs. This division applies only to a county. (OO) For constructing, rehabilitating, repairing, or
maintaining
sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or
acquiring ownership interests in land
necessary for the foregoing
improvements; (PP) For both of the purposes set forth in divisions (G)
and
(OO) of this section.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township. (RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the
Revised Code, and
to supervise and
enforce the easements. (SS) For both of the purposes set forth in divisions (BB)
and (KK) of this section. This division applies only to a county. The resolution shall be confined to the
purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted. The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that
increase in
rate, and the
number of years during which the increase in rate
shall be in
effect, which may or may not include a levy upon the
duplicate of
the current year. The number of years may be any
number not
exceeding five, except as follows: (1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness. (2) When the additional rate is for any of the following,
the
increased rate shall be for a continuing period of time: (a) For the current expenses for a detention facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2152.41 and 2151.65 of the Revised Code; (b) For providing a county's share of the cost of
maintaining and operating schools, district detention
facilities,
forestry camps, or other facilities, or any combination
thereof,
established under section 2152.41 or 2151.65 of the
Revised Code
or under both of those sections. (3) When the additional rate is for
any
either of the
following,
the increased rate may be for a continuing period of
time: (a) For the purposes set forth in division (I), (J), (U),
or
(KK) of this section; (b) For the maintenance and operation of a joint
recreation
district; (c) A levy imposed by a township for the purposes set
forth
in division (G) of this section.
(4) When the increase is for the purpose
or purposes set
forth in
division (D), (G),
(H), (CC), or (PP) of this section,
the
tax
levy
may be for any
specified number of
years or for a
continuing
period of time, as
set forth in the
resolution. (5) When the additional rate is for the purpose described
in
division (Z) of this section, the increased rate shall be for
any
number of years not exceeding ten. A levy for
one of the purposes set forth in division
(G),
(I), (J), or
(U) of this section may be
reduced
pursuant to
section 5705.261 or 5705.31 of the Revised
Code. A
levy for
one
of the purposes set forth in division
(G),
(I), (J), or
(U) of
this section may
also be
terminated
or permanently reduced by the
taxing authority
if it
adopts a
resolution stating that the
continuance of the levy
is
unnecessary
and the levy shall be
terminated or that the
millage
is excessive
and the levy shall be
decreased by a
designated
amount. A resolution of a detention facility district, a district
organized under section 2151.65 of the Revised Code, or a
combined
district organized under both sections
2152.41 and 2151.65 of the
Revised Code may include both current
expenses and
other purposes,
provided that the resolution shall apportion the
annual rate of
levy between the current expenses and the other
purpose or
purposes. The apportionment need not be the same for
each year of
the levy, but the respective portions of the rate
actually levied
each year for the current expenses and the other
purpose or
purposes shall be limited by the apportionment. Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a
sewer district or subdistrict created under Chapter 6117. of
the
Revised Code, by resolution declares it necessary to levy a
tax in
excess of the ten-mill limitation for the purpose of
constructing,
improving, or extending sewage disposal plants or
sewage systems,
the tax may be in effect for any number of years
not exceeding
twenty, and the proceeds of the tax,
notwithstanding
the general
provisions of this section, may be used to pay debt
charges on any
obligations issued and outstanding on behalf of
the subdivision
for the purposes enumerated in this paragraph,
provided that any
such obligations have been specifically
described in the
resolution. The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election. When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193
of the Revised Code.
Section 2. That existing sections 124.23, 124.27, 133.01,
505.10,
505.82, 505.87, 507.11,
517.15,
5543.10, 5571.14, 5571.16,
5705.13, and
5705.19 and
sections 517.16, 517.17, and 517.18 of
the Revised
Code are hereby
repealed.
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