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H. B. No. 118 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Wachtmann, Adams, J., Blair, Hood, Lynch, Thompson, Terhar, Duffey
A BILL
To amend sections 133.18, 1711.18, 1711.30, 3318.06,
3318.062, 3318.45, 3505.062, 3519.03, 5705.218,
and 5748.08 of the Revised Code to revise the
ballot language requirements for bond issues.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.18, 1711.18, 1711.30, 3318.06,
3318.062, 3318.45, 3505.062, 3519.03, 5705.218, and 5748.08 of the
Revised Code be amended to read as follows:
Sec. 133.18. (A) The taxing authority of a subdivision may
by legislation submit to the electors of the subdivision the
question of issuing any general obligation bonds, for one purpose,
that the subdivision has power or authority to issue.
(B) When the taxing authority of a subdivision desires or is
required by law to submit the question of a bond issue to the
electors, it shall pass legislation that does all of the
following:
(1) Declares the necessity and purpose of the bond issue;
(2) States the date of the authorized election at which the
question shall be submitted to the electors;
(a) The amount, of the bonds to be issued and the approximate
date, of issuance;
(b) The estimated net average rate of interest, and the
estimated total amount of debt service;
(c) The estimated per capita obligation resulting from the
bonds, including debt service;
(d) The maximum number of years over which the principal of
the bonds may be paid;
and
(e) The amount of the subdivision's outstanding debt, the
service on that debt, and the per capita obligation resulting from
that debt, including debt service, as of the subdivision's most
recent annual financial report.
(4) Declares the necessity of levying a tax outside the tax
limitation to pay the debt charges on the bonds and any
anticipatory securities.
The estimated net average interest rate shall be determined
by the taxing authority based on, among other factors, then
existing market conditions, and may reflect adjustments for any
anticipated direct payments expected to be received by the taxing
authority from the government of the United States relating to the
bonds and the effect of any federal tax credits anticipated to be
available to owners of all or a portion of the bonds. The
estimated net average rate of interest, and any statutory or
charter limit on interest rates that may then be in effect and
that is subsequently amended, shall not be a limitation on the
actual interest rate or rates on the securities when issued.
The taxing authority of the subdivision shall use the most
recently available population totals from the United States census
bureau in calculating the per capita obligation under this
section.
As used in this section, "outstanding debt" means the total
obligation of the subdivision, including general obligation bonds,
revenue bonds, and all other securities.
(C)(1) The taxing authority shall certify a copy of the
legislation passed under division (B) of this section to the
county auditor. The county auditor shall promptly calculate and
advise and, not later than ninety days before the election,
confirm that advice by certification to, the taxing authority the
estimated average annual property tax levy, expressed in cents or
dollars and cents for each one hundred dollars of tax valuation
and in mills for each one dollar of tax valuation, that the county
auditor estimates to be required throughout the stated maturity of
the bonds to pay the debt charges on the bonds. In calculating the
estimated average annual property tax levy for this purpose, the
county auditor shall assume that the bonds are issued in one
series bearing interest and maturing in substantially equal
principal amounts in each year over the maximum number of years
over which the principal of the bonds may be paid as stated in
that legislation, and that the amount of the tax valuation of the
subdivision for the current year remains the same throughout the
maturity of the bonds, except as otherwise provided in division
(C)(2) of this section. If the tax valuation for the current year
is not determined, the county auditor shall base the calculation
on the estimated amount of the tax valuation submitted by the
county auditor to the county budget commission. If the subdivision
is located in more than one county, the county auditor shall
obtain the assistance of the county auditors of the other
counties, and those county auditors shall provide assistance, in
establishing the tax valuation of the subdivision for purposes of
certifying the estimated average annual property tax levy.
(2) When considering the tangible personal property component
of the tax valuation of the subdivision, the county auditor shall
take into account the assessment percentages prescribed in section
5711.22 of the Revised Code. The tax commissioner may issue rules,
orders, or instructions directing how the assessment percentages
must be utilized.
(D) After receiving the county auditor's advice under
division (C) of this section, the taxing authority by legislation
may determine to proceed with submitting the question of the issue
of securities, and shall, not later than the ninetieth day before
the day of the election, file the following with the board of
elections:
(1) Copies of the legislation provided for in divisions (B)
and (D) of this section;
(2) The amount of the estimated average annual property tax
levy, expressed in cents or dollars and cents for each one hundred
dollars of tax valuation and in mills for each one dollar of tax
valuation, as estimated and certified to the taxing authority by
the county auditor.
(E)(1) The board of elections shall prepare the ballots and
make other necessary arrangements for the submission of the
question to the electors of the subdivision. If the subdivision is
located in more than one county, the board shall inform the boards
of elections of the other counties of the filings with it, and
those other boards shall if appropriate make the other necessary
arrangements for the election in their counties. The election
shall be conducted, canvassed, and certified in the manner
provided in Title XXXV of the Revised Code.
(2) The election shall be held at the regular places for
voting in the subdivision. If the electors of only a part of a
precinct are qualified to vote at the election the board of
elections may assign the electors in that part to an adjoining
precinct, including an adjoining precinct in another county if the
board of elections of the other county consents to and approves
the assignment. Each elector so assigned shall be notified of that
fact prior to the election by notice mailed by the board of
elections, in such manner as it determines, prior to the election.
(3) The board of elections shall publish a notice of the
election once in a newspaper of general circulation in the
subdivision, no later than ten days prior to the election. The
board also shall post the notice on its official web site, or if
the board does not maintain a web site, on the state public notice
web site established under section 125.182 of the Revised Code,
for forty-five days prior to the election. The notice shall state
all of the following:
(a) The principal amount of the proposed bond issue;
(b) The stated purpose for which the bonds are to be issued;
(c) The estimated total amount of debt service;
(d) The estimated per capita obligation resulting from the
bonds, including debt service;
(e) The maximum number of years over which the principal of
the bonds may be paid;
(d)(f) The estimated additional average annual property tax
levy, expressed in cents or dollars and cents for each one hundred
dollars of tax valuation and in mills for each one dollar of tax
valuation, to be levied outside the tax limitation, as estimated
and certified to the taxing authority by the county auditor;
(e)(g) The first calendar year in which the tax is expected
to be due;
(h) The amount of the subdivision's outstanding debt; the
service on that debt; and the per capita obligation resulting from
that debt, including debt service, as of the subdivision's most
recent annual financial report.
(F)(1) The form of the ballot to be used at the election
shall be substantially either of the following, as applicable:
(a) "Shall bonds be issued by the ............ (name of
subdivision) for the purpose of ........... (purpose of the bond
issue) in the principal amount of .......... (principal amount of
the bond issue), to be repaid annually over a maximum period of
.......... (the maximum number of years over which the principal
of the bonds may be paid) years, and an annual levy of property
taxes be made outside the .......... (as applicable, "ten-mill" or
"...charter tax") limitation, estimated by the county auditor to
average over the repayment period of the bond issue ..........
(number of mills) mills for each one dollar of tax valuation,
which amounts to .......... (rate expressed in cents or dollars
and cents, such as "36 cents" or "$1.41") for each one hundred
dollars of tax valuation, commencing in .......... (first year the
tax will be levied), first due in calendar year .......... (first
calendar year in which the tax shall be due), to pay the annual
debt charges on the bonds, and to pay debt charges on any notes
issued in anticipation of those bonds?
Currently, ..........'s (name of subdivision) outstanding
debt totals .......... (amount of outstanding debt); the debt
service is in the amount of .......... (amount of debt service);
and the outstanding debt per capita, including debt service,
amounts to .......... (per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation).
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For the bond issue |
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Against the bond issue |
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(b) In the case of an election held pursuant to legislation
adopted under section 3375.43 or 3375.431 of the Revised Code:
"Shall bonds be issued for .......... (name of library) for
the purpose of .......... (purpose of the bond issue), in the
principal amount of .......... (amount of the bond issue) by
.......... (the name of the subdivision that is to issue the bonds
and levy the tax) as the issuer of the bonds, to be repaid
annually over a maximum period of .......... (the maximum number
of years over which the principal of the bonds may be paid) years,
and an annual levy of property taxes be made outside the ten-mill
limitation, estimated by the county auditor to average over the
repayment period of the bond issue .......... (number of mills)
mills for each one dollar of tax valuation, which amounts to
.......... (rate expressed in cents or dollars and cents, such as
"36 cents" or "$1.41") for each one hundred dollars of tax
valuation, commencing in .......... (first year the tax will be
levied), first due in calendar year .......... (first calendar
year in which the tax shall be due), to pay the annual debt
charges on the bonds, and to pay debt charges on any notes issued
in anticipation of those bonds?
Currently, ..........'s (name of subdivision) outstanding
debt totals .......... (amount of outstanding debt); the debt
service is in the amount of .......... (amount of debt service);
and the outstanding debt per capita, including debt service,
amounts to .......... (per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation).
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For the bond issue |
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Against the bond issue |
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(2) The purpose for which the bonds are to be issued shall be
printed in the space indicated, in boldface type.
(G) The board of elections shall promptly certify the results
of the election to the tax commissioner, the county auditor of
each county in which any part of the subdivision is located, and
the fiscal officer of the subdivision. The election, including the
proceedings for and result of the election, is incontestable other
than in a contest filed under section 3515.09 of the Revised Code
in which the plaintiff prevails.
(H) If a majority of the electors voting upon the question
vote for it, the taxing authority of the subdivision may proceed
under sections 133.21 to 133.33 of the Revised Code with the
issuance of the securities and with the levy and collection of a
property tax outside the tax limitation during the period the
securities are outstanding sufficient in amount to pay the debt
charges on the securities, including debt charges on any
anticipatory securities required to be paid from that tax. If
legislation passed under section 133.22 or 133.23 of the Revised
Code authorizing those securities is filed with the county auditor
on or before the last day of November, the amount of the voted
property tax levy required to pay debt charges or estimated debt
charges on the securities payable in the following year shall if
requested by the taxing authority be included in the taxes levied
for collection in the following year under section 319.30 of the
Revised Code.
(I)(1) If, before any securities authorized at an election
under this section are issued, the net indebtedness of the
subdivision exceeds that applicable to that subdivision or those
securities, then and so long as that is the case none of the
securities may be issued.
(2) No securities authorized at an election under this
section may be initially issued after the first day of the sixth
January following the election, but this period of limitation
shall not run for any time during which any part of the permanent
improvement for which the securities have been authorized, or the
issuing or validity of any part of the securities issued or to be
issued, or the related proceedings, is involved or questioned
before a court or a commission or other tribunal, administrative
agency, or board.
(3) Securities representing a portion of the amount
authorized at an election that are issued within the applicable
limitation on net indebtedness are valid and in no manner affected
by the fact that the balance of the securities authorized cannot
be issued by reason of the net indebtedness limitation or lapse of
time.
(4) Nothing in this division (I) shall be interpreted or
applied to prevent the issuance of securities in an amount to fund
or refund anticipatory securities lawfully issued.
(5) The limitations of divisions (I)(1) and (2) of this
section do not apply to any securities authorized at an election
under this section if at least ten per cent of the principal
amount of the securities, including anticipatory securities,
authorized has theretofore been issued, or if the securities are
to be issued for the purpose of participating in any federally or
state-assisted program.
(6) The certificate of the fiscal officer of the subdivision
is conclusive proof of the facts referred to in this division.
Sec. 1711.18. In a county in which there is a county
agricultural society indebted fifteen thousand dollars or more,
and such society has purchased a fairground or title to such
fairground is vested in fee in the county, the board of county
commissioners, upon the presentation of a petition signed by not
less than five hundred resident electors of the county praying for
the submission to the electors of the county of the question
whether or not county bonds shall be issued and sold to liquidate
such indebtedness, shall, by resolution within ten days
thereafter, fix a date, which shall be within thirty days, upon
which the question of issuing and selling such bonds, in the
necessary amount and denomination, shall be submitted to the
electors of the county. The resolution shall conform to the
requirements of division (B) of section 133.18 of the Revised
Code. The board also shall cause a copy of such resolution to be
certified to the county board of elections and such board of
elections, within ten days after such certification, shall proceed
to make the necessary arrangements for the submission of such
question to such electors at the time fixed by such resolution.
Such election shall be held at the regular places of voting
in the county and shall be conducted, canvassed, and certified,
except as otherwise provided by law, as are elections of county
officers. The county board of elections must give fifteen days'
notice of such submission by publication in a newspaper of general
circulation in the county once a week for two consecutive weeks or
as provided in section 7.16 of the Revised Code, stating the
amount of bonds to be issued, the purpose for which they are to be
issued, all of the information required under divisions (E)(3)(a)
to (h) of section 133.18 of the Revised Code and the time and
places of holding such election. Those who vote in favor of the
proposition shall have written or printed on their ballots "for
the issue of bonds" and those who vote against it shall have
written or printed on their ballots "against the issue of bonds."
The board also shall post that notice on its official web site, or
if the board does not maintain a web site, on the state public
notice web site established under section 125.182 of the Revised
Code, for forty-five days prior to the election. The form of the
ballot to be used at the election shall conform to the
requirements of division (F) of section 133.18 of the Revised
Code. If a majority of those voting upon the question of issuing
the bonds vote in favor thereof, then and only then shall they be
issued and the tax provided for in section 1711.20 of the Revised
Code be levied.
Sec. 1711.30. Before issuing bonds under section 1711.28 of
the Revised Code, the board of county commissioners, by
resolution, shall submit to the qualified electors of the county
at the next general election for county officers, held not less
than ninety days after receiving from the county agricultural
society the notice provided for in section 1711.25 of the Revised
Code, the question of issuing and selling such bonds in such
amount and denomination as are necessary for the purpose in view,
and shall certify a copy of such resolution to the county board of
elections.
The resolution shall conform to all applicable
requirements of division (B) of section 133.18 of the Revised
Code.
The county board of elections shall place the question of
issuing and selling such bonds upon the ballot and make all other
necessary arrangements for the submission, at the time fixed by
such resolution, of such question to such electors. The votes cast
at such election upon such question must be counted, canvassed,
and certified in the same manner, except as provided by law, as
votes cast for county officers. Fifteen days' notice of such
submission shall be given by the county board of elections, by
publication once a week for two consecutive weeks in a newspaper
of general circulation in the county or as provided in section
7.16 of the Revised Code, stating the amount of bonds to be
issued, the purpose for which they are to be issued, all of the
applicable information required under divisions (E)(3)(a) to (h)
of section 133.18 of the Revised Code and the time and places of
holding such election. Such question must be stated on The board
also shall post that notice on its official web site, or if the
board does not maintain a web site, on the state public notice web
site established under section 125.182 of the Revised Code, for
forty-five days prior to the election. The form of the ballot as
follows: "For the issue of county fair bonds, yes"; "For the issue
of county fair bonds, no." to be used at the election shall
conform to all applicable requirements of division (F) of section
133.18 of the Revised Code. If the majority of those voting upon
the question of issuing the bonds vote in favor thereof, then and
only then shall they be issued and the tax provided for in section
1711.29 of the Revised Code be levied.
Sec. 3318.06. (A) After receipt of the conditional approval
of the Ohio school facilities commission, the school district
board by a majority of all of its members shall, if it desires to
proceed with the project, declare all of the following by
resolution:
(1) That by issuing bonds in an amount equal to the school
district's portion of the basic project cost the district is
unable to provide adequate classroom facilities without assistance
from the state;
(2) Unless the school district board has resolved to transfer
money in accordance with section 3318.051 of the Revised Code or
to apply the proceeds of a property tax or the proceeds of an
income tax, or a combination of proceeds from such taxes, as
authorized under section 3318.052 of the Revised Code, that to
qualify for such state assistance it is necessary to do either of
the following:
(a) Levy a tax outside the ten-mill limitation the proceeds
of which shall be used to pay the cost of maintaining the
classroom facilities included in the project;
(b) Earmark for maintenance of classroom facilities from the
proceeds of an existing permanent improvement tax levied under
section 5705.21 of the Revised Code, if such tax can be used for
maintenance, an amount equivalent to the amount of the additional
tax otherwise required under this section and sections 3318.05 and
3318.08 of the Revised Code.
(3) That the question of any tax levy specified in a
resolution described in division (A)(2)(a) of this section, if
required, shall be submitted to the electors of the school
district at the next general or primary election, if there be a
general or primary election not less than ninety and not more than
one hundred ten days after the day of the adoption of such
resolution or, if not, at a special election to be held at a time
specified in the resolution which shall be not less than ninety
days after the day of the adoption of the resolution and which
shall be in accordance with the requirements of section 3501.01 of
the Revised Code.
Such resolution shall also state that the question of issuing
bonds of the board shall be combined in a single proposal with the
question of such tax levy. More than one election under this
section may be held in any one calendar year. Such resolution
shall specify both of the following:
(a) That the rate which it is necessary to levy shall be at
the rate of not less than one-half mill for each one dollar of
valuation, and that such tax shall be levied for a period of
twenty-three years;
(b) That the proceeds of the tax shall be used to pay the
cost of maintaining the classroom facilities included in the
project.
(B) A copy of a resolution adopted under division (A) of this
section shall after its passage and not less than ninety days
prior to the date set therein for the election be certified to the
county board of elections.
The resolution of the school district board, in addition to
meeting other applicable requirements of section 133.18 of the
Revised Code, shall state that the amount of bonds to be issued
will be an amount equal to the school district's portion of the
basic project cost, and state the maximum maturity of the bonds
which may be any number of years not exceeding the term calculated
under section 133.20 of the Revised Code as determined by the
board. In estimating the amount of bonds to be issued, the board
shall take into consideration the amount of moneys then in the
bond retirement fund and the amount of moneys to be collected for
and disbursed from the bond retirement fund during the remainder
of the year in which the resolution of necessity is adopted.
If the bonds are to be issued in more than one series, the
resolution may state, in addition to the information required to
be stated under division (B)(3) of section 133.18 of the Revised
Code, the number of series, which shall not exceed five, the
principal amount of each series, and the approximate date each
series will be issued, and may provide that no series, or any
portion thereof, may be issued before such date. Upon such a
resolution being certified to the county auditor as required by
division (C) of section 133.18 of the Revised Code, the county
auditor, in calculating, advising, and confirming the estimated
average annual property tax levy under that division, shall also
calculate, advise, and confirm by certification the estimated
average property tax levy for each series of bonds to be issued.
Notice of the election shall include the fact that the tax
levy shall be at the rate of not less than one-half mill for each
one dollar of valuation for a period of twenty-three years, and
that the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project.
If the bonds are to be issued in more than one series, the
board of education, when filing copies of the resolution with the
board of elections as required by division (D) of section 133.18
of the Revised Code, may direct the board of elections to include
in the notice of election the principal amount and approximate
date of each series, the maximum number of years over which the
principal of each series may be paid, the estimated additional
average property tax levy for each series, and the first calendar
year in which the tax is expected to be due for each series, in
addition to the information required to be stated in the notice
under divisions (E)(3)(a) to (e)(h) of section 133.18 of the
Revised Code.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, the form of the ballot to be used at such election
shall be:
"A majority affirmative vote is necessary for passage.
Shall bonds be issued by the ............ (here insert name
of school district) school district to pay the local share of
school construction under the State of Ohio Classroom Facilities
Assistance Program in the principal amount of ............ (here
insert principal amount of the bond issue), to be repaid annually
over a maximum period of ............ (here insert the maximum
number of years over which the principal of the bonds may be paid)
years, and an annual levy of property taxes be made outside the
ten-mill limitation, estimated by the county auditor to average
over the repayment period of the bond issue ............ (here
insert the number of mills estimated) mills for each one dollar of
tax valuation, which amounts to ............ (rate expressed in
cents or dollars and cents, such as "thirty-six cents" or "$0.36")
for each one hundred dollars of tax valuation to pay the annual
debt charges on the bonds and to pay debt charges on any notes
issued in anticipation of the bonds?
Currently, ..........'s (name of school district) outstanding
debt totals .......... (amount of outstanding debt, as defined in
section 133.18 of the Revised Code); the debt service is in the
amount of .......... (amount of debt service); and the outstanding
debt per capita, including debt service, amounts to ..........
(per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation)."
and, unless the additional levy
of taxes is not required pursuant
to division (C) of section
3318.05 of the Revised Code,
"Shall an additional levy of taxes be made for a period of
twenty-three years to benefit the ............ (here insert name
of school district) school district, the proceeds of which shall
be used to pay the cost of maintaining the classroom facilities
included in the project at the rate of .......... (here insert the
number of mills, which shall not be less than one-half mill) mills
for each one dollar of valuation?
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FOR THE BOND ISSUE AND TAX LEVY |
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AGAINST THE BOND ISSUE AND TAX LEVY |
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(2) If authority is sought to issue bonds in more than one
series and the board of education so elects, the form of the
ballot shall be as prescribed in section 3318.062 of the Revised
Code. If the board of education elects the form of the ballot
prescribed in that section, it shall so state in the resolution
adopted under this section.
(D) If it is necessary for the school district to acquire a
site for the classroom facilities to be acquired pursuant to
sections 3318.01 to 3318.20 of the Revised Code, the district
board may propose either to issue bonds of the board or to levy a
tax to pay for the acquisition of such site, and may combine the
question of doing so with the questions specified in division (B)
of this section. Bonds issued under this division for the purpose
of acquiring a site are a general obligation of the school
district and are Chapter 133. securities.
The form of that portion of the ballot to include the
question of either issuing bonds or levying a tax for site
acquisition purposes shall be one of the following:
(1) "Shall bonds be issued by the ............ (here insert
name of the school district) school district to pay costs of
acquiring a site for classroom facilities under the State of Ohio
Classroom Facilities Assistance Program in the principal amount of
.......... (here insert principal amount of the bond issue), to be
repaid annually over a maximum period of .......... (here insert
maximum number of years over which the principal of the bonds may
be paid) years, and an annual levy of property taxes be made
outside the ten-mill limitation, estimated by the county auditor
to average over the repayment period of the bond issue ..........
(here insert number of mills) mills for each one dollar of tax
valuation, which amount to .......... (here insert rate expressed
in cents or dollars and cents, such as "thirty-six cents" or
"$0.36") for each one hundred dollars of valuation to pay the
annual debt charges on the bonds and to pay debt charges on any
notes issued in anticipation of the bonds?
Currently, ..........'s (name of school district) outstanding
debt totals .......... (amount of outstanding debt, as defined in
section 133.18 of the Revised Code); the debt service is in the
amount of .......... (amount of debt service); and the outstanding
debt per capita, including debt service, amounts to ..........
(per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation)."
(2) "Shall an additional levy of taxes outside the ten-mill
limitation be made for the benefit of the .......... (here insert
name of the school district) school district for the purpose of
acquiring a site for classroom facilities in the sum of .........
(here insert annual amount the levy is to produce) estimated by
the county auditor to average ........ (here insert number of
mills) mills for each one hundred dollars of valuation, for a
period of ......... (here insert number of years the millage is to
be imposed) years?"
Where it is necessary to combine the question of issuing
bonds of the school district and levying a tax as described in
division (B) of this section with the question of issuing bonds of
the school district for acquisition of a site, the question
specified in that division to be voted on shall be "For the Bond
Issues and the Tax Levy" and "Against the Bond Issues and the Tax
Levy."
Where it is necessary to combine the question of issuing
bonds of the school district and levying a tax as described in
division (B) of this section with the question of levying a tax
for the acquisition of a site, the question specified in that
division to be voted on shall be "For the Bond Issue and the Tax
Levies" and "Against the Bond Issue and the Tax Levies."
Where the school district board chooses to combine the
question in division (B) of this section with any of the
additional questions described in divisions (A) to (D) of section
3318.056 of the Revised Code, the question specified in division
(B) of this section to be voted on shall be "For the Bond Issues
and the Tax Levies" and "Against the Bond Issues and the Tax
Levies."
If a majority of those voting upon a proposition hereunder
which includes the question of issuing bonds vote in favor
thereof, and if the agreement provided for by section 3318.08 of
the Revised Code has been entered into, the school district board
may proceed under Chapter 133. of the Revised Code, with the
issuance of bonds or bond anticipation notes in accordance with
the terms of the agreement.
Sec. 3318.062. (A) If authority is sought to issue bonds in
more than one series to pay the school district's portion of the
basic project cost under sections 3318.01 to 3318.20 of the
Revised Code, the form of the ballot shall be:
"Shall bonds be issued by the .......... (here insert name of
school district) school district to pay the local share of school
construction under the State of Ohio Classroom Facilities
Assistance Program in the total principal amount of ..........
(total principal amount of the bond issue), to be issued in ......
(number of series) series, each series to be repaid annually over
not more than ...... (maximum number of years over which the
principal of each series may be paid) years, and an annual levy of
property taxes be made outside the ten-mill limitation to pay the
annual debt charges on the bonds and on any notes issued in
anticipation of the bonds, at a rate estimated by the county
auditor to average over the repayment period of each series as
follows: .......... (insert the following for each series: "the
.......... series, in a principal amount of .......... dollars,
requiring ...... mills per dollar of tax valuation, which amounts
to ...... (rate expressed in cents or dollars and cents, such as
"36 cents" or "$1.41") for each one hundred dollars in tax
valuation, commencing in .......... and first payable in
..........)?
Currently, ..........'s (name of school district) outstanding
debt totals .......... (amount of outstanding debt, as defined in
section 133.18 of the Revised Code); the debt service is in the
amount of .......... (amount of debt service); and the outstanding
debt per capita, including debt service, amounts to ..........
(per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation)."
and, unless the additional levy
of taxes is not required pursuant
to division (C) of section
3318.05 of the Revised Code,
"Shall an additional levy of taxes be made for a period of
twenty-three years to benefit the .......... (here insert name of
school district) school district, the proceeds of which shall be
used to pay the cost of maintaining the classroom facilities
included in the project at the rate of .......... (here insert the
number of mills, which shall not be less than one-half mill) mills
for each one dollar of valuation?
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For the bond issue |
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Against the bond issue |
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(B) If it is necessary for the school district to acquire a
site for the classroom facilities to be acquired pursuant to
sections 3318.01 to 3318.20 of the Revised Code, the district
board may propose either to issue bonds of the board or to levy a
tax to pay for the acquisition of such site, and may combine the
question of doing so with the questions specified in division (A)
of this section. Bonds issued under this division for the purpose
of acquiring a site are a general obligation of the school
district and are Chapter 133. securities.
The form of that portion of the ballot to include the
question of either issuing bonds or levying a tax for site
acquisition purposes shall be one of the forms prescribed in
division (D) of section 3318.06 of the Revised Code.
(C) Where the school district board chooses to combine the
question in division (A) of this section with any of the
additional questions described in divisions (A) to (D) of section
3318.056 of the Revised Code, the question specified in division
(A) of this section to be voted on shall be "For the Bond Issues
and the Tax Levies" and "Against the Bond Issues and the Tax
Levies."
(D) If a majority of those voting upon a proposition
prescribed in this section which includes the question of issuing
bonds vote in favor of that issuance, and if the agreement
prescribed in section 3318.08 of the Revised Code has been entered
into, the school district board may proceed under Chapter 133. of
the Revised Code with the issuance of bonds or bond anticipation
notes in accordance with the terms of the agreement.
Sec. 3318.45. (A) Unless division (B) of section 3318.44 of
the Revised Code applies, if a joint vocational school district
board of education proposes to issue securities to generate all or
part of the school district's portion of the basic project cost of
the school district's project under sections 3318.40 to 3318.45 of
the Revised Code, the school district board shall adopt a
resolution in accordance with Chapter 133. and section 3311.20 of
the Revised Code. Unless the school district board seeks authority
to issue securities in more than one series, the school district
board shall adopt the form of the ballot prescribed in section
133.18 of the Revised Code.
(B) If authority is sought to issue bonds in more than one
series, the form of the ballot shall be:
"Shall bonds be issued by the .......... (here insert name of
joint vocational school district) joint vocational school district
to pay the local share of school construction under the State of
Ohio Joint Vocational School Facilities Assistance Program in the
total principal amount of .......... (total principal amount of
the bond issue), to be issued in ...... (number of series) series,
each series to be repaid annually over not more than ......
(maximum number of years over which the principal of each series
may be paid) years, and an annual levy of property taxes be made
outside the ten-mill limitation to pay the annual debt charges on
the bonds and on any notes issued in anticipation of the bonds, at
a rate estimated by the county auditor to average over the
repayment period of each series as follows: .......... [insert the
following for each series: "the .......... series, in a principal
amount of .......... dollars, requiring ...... mills per dollar of
tax valuation, which amount to ...... (rate expressed in cents or
dollars and cents, such as "36 cents" or "$1.41") for each one
hundred dollars in tax valuation, commencing in .......... and
first payable in .........."]?
Currently, ..........'s (name of joint vocational school
district) outstanding debt totals .......... (amount of
outstanding debt, as defined in section 133.18 of the Revised
Code); the debt service is in the amount of .......... (amount of
debt service); and the outstanding debt per capita, including debt
service, amounts to .......... (per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation).
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For the bond issue |
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Against the bond issue |
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(C) If it is necessary for the school district to acquire a
site for the classroom facilities to be acquired pursuant to
sections 3318.40 to 3318.45 of the Revised Code, the district
board may propose either to issue bonds of the board or to levy a
tax to pay for the acquisition of such site and may combine the
question of doing so with the question specified by reference in
division (A) of this section or the question specified in division
(B) of this section. Bonds issued under this division for the
purpose of acquiring a site are a general obligation of the school
district and are Chapter 133. securities.
The form of that portion of the ballot to include the
question of either issuing bonds or levying a tax for site
acquisition purposes shall be one of the following:
(1) "Shall bonds be issued by the ............ (here insert
name of the joint vocational school district) joint vocational
school district to pay costs of acquiring a site for classroom
facilities under the State of Ohio Joint Vocational School
Facilities Assistance Program in the principal amount of
.......... (here insert principal amount of the bond issue), to be
repaid annually over a maximum period of .......... (here insert
maximum number of years over which the principal of the bonds may
be paid) years, and an annual levy of property taxes be made
outside the ten-mill limitation, estimated by the county auditor
to average over the repayment period of the bond issue ..........
(here insert number of mills) mills for each one dollar of tax
valuation, which amount to .......... (here insert rate expressed
in cents or dollars and cents, such as "thirty-six cents" or
"$0.36") for each one hundred dollars of valuation to pay the
annual debt charges on the bonds and to pay debt charges on any
notes issued in anticipation of the bonds?
Currently, ..........'s (name of joint vocational school
district) outstanding debt totals .......... (amount of
outstanding debt, as defined in section 133.18 of the Revised
Code); the debt service is in the amount of .......... (amount of
debt service); and the outstanding debt per capita, including debt
service, amounts to .......... (per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation)."
(2) "Shall an additional levy of taxes outside the ten-mill
limitation be made for the benefit of the .......... (here insert
name of the joint vocational school district) joint vocational
school district for the purpose of acquiring a site for classroom
facilities in the sum of ......... (here insert annual amount the
levy is to produce) estimated by the county auditor to average
........ (here insert number of mills) mills for each one hundred
dollars of valuation, which amount to ......... (here insert rate
expressed in cents or dollars and cents, such as "thirty-six
cents" or "$0.36") for each one hundred dollars of valuation, for
a period of ......... (here insert number of years the millage is
to be imposed) years?"
Where it is necessary to combine the question of issuing
bonds of the joint vocational school district as described in
division (A) of this section with the question of issuing bonds of
the school district for acquisition of a site, the question
specified in that division to be voted on shall be "For the bond
issues" and "Against the bond issues."
Where it is necessary to combine the question of issuing
bonds of the joint vocational school district as described in
division (A) of this section with the question of levying a tax
for the acquisition of a site, the question specified in that
division to be voted on shall be "For the bond issue and the tax
levy" and "Against the bond issue and the tax levy."
(D) Where the school district board chooses to combine a
question specified in this section with any of the additional
questions described in division (C) of section 3318.44 of the
Revised Code, the question to be voted on shall be "For the bond
issues and the tax levies" and "Against the bond issues and the
tax levies."
(E) If a majority of those voting upon a proposition
prescribed in this section which includes the question of issuing
bonds vote in favor of that issuance and if the agreement
prescribed in section 3318.08 of the Revised Code has been entered
into, the school district board may proceed under Chapter 133. of
the Revised Code with the issuance of bonds or bond anticipation
notes in accordance with the terms of the agreement.
Sec. 3505.062. The Ohio ballot board shall do all of the
following:
(A) Examine, within ten days after its receipt, each written
initiative petition received from the attorney general under
section 3519.01 of the Revised Code to determine whether it
contains only one proposed law or constitutional amendment so as
to enable the voters to vote on a proposal separately. If the
board so determines, it shall certify its approval to the attorney
general, who then shall file with the secretary of state in
accordance with division (A) of section 3519.01 of the Revised
Code a verified copy of the proposed law or constitutional
amendment together with its summary and the attorney general's
certification of it.
If the board determines that the initiative petition contains
more than one proposed law or constitutional amendment, the board
shall divide the initiative petition into individual petitions
containing only one proposed law or constitutional amendment so as
to enable the voters to vote on each proposal separately and
certify its approval to the attorney general. If the board so
divides an initiative petition and so certifies its approval to
the attorney general, the petitioners shall resubmit to the
attorney general appropriate summaries for each of the individual
petitions arising from the board's division of the initiative
petition, and the attorney general then shall review the
resubmissions as provided in division (A) of section 3519.01 of
the Revised Code.
(B) Prescribe (1) Subject to division (B)(2) of this section,
prescribe the ballot language for proposed constitutional
amendments proposed by the general assembly to be printed on the
questions and issues ballot, which language shall properly
identify the substance of the proposal to be voted upon;
(2) The ballot language for a proposed constitutional
amendment authorizing the issuance of state bonds shall include
the following language:
"Currently, the State of Ohio's outstanding debt totals
.......... (amount of outstanding debt); the debt service is in
the amount of .......... (amount of debt service); and the
outstanding debt per capita, including debt service, amounts to
.......... (per capita obligation).
The proposed authorization to issue bonds will result in a
maximum additional debt of .......... (principal amount of the
authorized bond issue); estimated maximum debt service in the
amount of .......... (estimated maximum debt service); and an
estimated maximum per capita burden, including debt service, in
the amount of .......... (estimated maximum per capita
obligation)."
(C) Prepare (1) Subject to division (C)(2) of this section,
prepare an explanation of each constitutional amendment proposed
by the general assembly, which explanation may include the purpose
and effects of the proposed amendment;
(2) The explanation for a proposed constitutional amendment
authorizing the issuance of state bonds shall include all of the
following information, which the director of budget and management
shall certify to the board not later than eighty days before the
election at which the proposed constitutional amendment is to be
submitted to the voters:
(a) The amount of the bonds authorized to be issued and the
approximate date of issuance;
(b) The estimated net average rate of interest and the
estimated total maximum amount of debt service;
(c) The estimated maximum per capita obligation resulting
from the bonds, including debt service;
(d) The maximum number of years over which the principal of
the bonds may be paid;
(e) The amount of the state's outstanding debt, as defined in
division (C)(3) of this section; the service on that debt; and the
per capita obligation resulting from that debt, including debt
service.
The director of budget and management shall use the most
recently available population totals from the United States census
bureau in calculating the per capita obligation under this
section.
(3) As used in this section, "outstanding debt" means the
total obligation of the state, including general obligation bonds,
revenue bonds, and all other securities.
(D) Certify the ballot language and explanation, if any, to
the secretary of state no later than seventy-five days before the
election at which the proposed question or issue is to be
submitted to the voters;
(E) Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition, or a state law, or section or item of state law, subject
to a referendum petition, if the persons otherwise responsible for
the preparation of those arguments fail to timely prepare and file
them;
(F) Direct the means by which the secretary of state shall
disseminate information concerning proposed constitutional
amendments, proposed laws, and referenda to the voters;
(G) Direct the secretary of state to contract for the
publication in a newspaper of general circulation in each county
in the state of the ballot language, explanations, and arguments
regarding each of the following:
(1) A constitutional amendment or law proposed by initiative
petition under Section 1g of Article II of the Ohio Constitution;
(2) A law, section, or item of law submitted to the electors
by referendum petition under Section 1g of Article II of the Ohio
Constitution;
(3) A constitutional amendment submitted to the electors by
the general assembly under Section 1 of Article XVI of the Ohio
Constitution.
(H)(1) Direct the secretary of state to post the ballot
language, explanations, and arguments for a proposed
constitutional amendment authorizing the issuance of state bonds
on the secretary of state's official web site for forty-five days
prior to the election at which the proposed constitutional
amendment is to be submitted to the voters.
(2) Direct each board of elections to post the ballot
language, explanations, and arguments for a proposed
constitutional amendment authorizing the issuance of state bonds
on the official web site of the board of elections, or if the
board of elections does not maintain a web site, on the state
public notice web site established under section 125.182 of the
Revised Code, for forty-five days prior to the election at which
the proposed constitutional amendment is to be submitted to the
voters.
Sec. 3519.03. (A) The committee named in a initiative
petition may prepare the argument or explanation, or both, in
favor of the measure proposed, and the committee named in a
referendum petition may prepare the argument or explanation, or
both, against any law or section or item of law. The persons who
prepare the argument or explanation, or both, in opposition to the
initiated proposal, or the argument or explanation, or both, in
favor of the measure to be referred shall be named by the general
assembly, if it is in session, or by the governor, if the general
assembly is not in session. Such argument or explanation, or both,
shall not exceed three hundred words and shall be filed with the
secretary of state Ohio ballot board at least eighty days prior to
the date of the election at which the measure is to be voted upon.
(B)(1) If the committee named in an initiative petition, the
committee named in a referendum petition, or other persons
designated under division (A) of this section fail to prepare and
file their arguments or explanations by the eightieth day before
the date of the election, the secretary of state shall notify the
Ohio ballot board that those arguments or explanations have not
been so prepared and filed. The board then shall prepare the
missing arguments or explanations or designate a group of persons
to prepare those arguments or explanations. All arguments or
explanations prepared under this division shall be filed with the
secretary of state no later than seventy-five days before the date
of the election. No argument or explanation shall exceed three
hundred words, not including the information required to be
included under divisions (C)(2)(a) to (e) of section 3505.062 of
the Revised Code.
(2) If the Ohio ballot board fails to provide for the
preparation of missing arguments or explanations under division
(B)(1) of this section after being notified by the secretary of
state that one or more arguments or explanations have not been
timely prepared and filed, the positions of the four appointed
members of the board shall be considered vacant, and new members
shall be appointed in the manner provided for original
appointments.
(C) After the Ohio ballot board receives or prepares an
explanation under this section, the board shall append to the
explanation the information required to be included under division
(C)(2) of section 3505.062 of the Revised Code, if that
requirement applies to the measure.
Sec. 5705.218. (A) The board of education of a city, local,
or exempted village school district, at any time by a vote of
two-thirds of all its members, may declare by resolution that it
may be necessary for the school district to issue general
obligation bonds for permanent improvements. The resolution shall
state all of the following:
(1) The necessity and purpose of the bond issue;
(2) The date of the special election at which the question
shall be submitted to the electors;
(3) The amount, approximate date, estimated rate of interest,
and maximum number of years over which the principal of the bonds
may be paid;
(4) The necessity of levying a tax outside the ten-mill
limitation to pay debt charges on the bonds and any anticipatory
securities conform to the requirements of section 133.18 of the
Revised Code.
On adoption of the resolution, the board shall certify a copy
of it to the county auditor. The county auditor promptly shall
estimate and certify to the board the average annual property tax
rate required throughout the stated maturity of the bonds to pay
debt charges on the bonds, in the same manner as under division
(C) of section 133.18 of the Revised Code.
(B) After receiving the county auditor's certification under
division (A) of this section, the board of education of the city,
local, or exempted village school district, by a vote of
two-thirds of all its members, may declare by resolution that the
amount of taxes that can be raised within the ten-mill limitation
will be insufficient to provide an adequate amount for the present
and future requirements of the school district; that it is
necessary to issue general obligation bonds of the school district
for permanent improvements and to levy an additional tax in excess
of the ten-mill limitation to pay debt charges on the bonds and
any anticipatory securities; that it is necessary for a specified
number of years or for a continuing period of time to levy
additional taxes in excess of the ten-mill limitation to provide
funds for the acquisition, construction, enlargement, renovation,
and financing of permanent improvements or to pay for current
operating expenses, or both; and that the question of the bonds
and taxes shall be submitted to the electors of the school
district at a special election, which shall not be earlier than
ninety days after certification of the resolution to the board of
elections, and the date of which shall be consistent with section
3501.01 of the Revised Code. The resolution shall specify all of
the following:
(1) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds;
(2) The proposed rate of the tax, if any, for current
operating expenses, the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time;
(3) The proposed rate of the tax, if any, for permanent
improvements, the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time.
The resolution shall apportion the annual rate of the tax
between current operating expenses and permanent improvements, if
both taxes are proposed. The apportionment may but need not be the
same for each year of the tax, but the respective portions of the
rate actually levied each year for current operating expenses and
permanent improvements shall be limited by the apportionment. The
resolution shall go into immediate effect upon its passage, and no
publication of it is necessary other than that provided in the
notice of election. The board of education shall certify a copy of
the resolution, along with copies of the auditor's estimate and
its resolution under division (A) of this section, to the board of
elections immediately after its adoption.
(C) The board of elections shall make the arrangements for
the submission to the electors of the school district of the
question proposed under division (B) or (J) of this section, and
the election shall be conducted, canvassed, and certified in the
same manner as regular elections in the district for the election
of county officers. The resolution shall be put before the
electors as one ballot question, with a favorable vote indicating
approval of the bond issue, the levy to pay debt charges on the
bonds and any anticipatory securities, the current operating
expenses levy, the permanent improvements levy, and the levy for
the current expenses of a municipal school district and of
partnering community schools, as those levies may be proposed. The
board of elections shall publish notice of the election in a
newspaper of general circulation in the school district once a
week for two consecutive weeks, or as provided in section 7.16 of
the Revised Code, prior to the election. If a The board of
elections
operates and maintains a web site, that board also
shall post notice of the election on its web site, or if the board
does not maintain a web site, on the state public notice web site
established under section 125.182 of the Revised Code, for thirty
forty-five days prior to the election. The notice of election
shall state all of the following:
(1) The principal amount of the proposed bond issue;
(2) The permanent improvements for which the bonds are to be
issued;
(3) The estimated total amount of debt service;
(4) The estimated per capita obligation resulting from the
bonds, including debt service;
(5) The maximum number of years over which the principal of
the bonds may be paid;
(4)(6) The estimated additional average annual property tax
rate to pay the debt charges on the bonds, as certified by the
county auditor;
(5)(7) The amount of the school district's outstanding debt,
as defined in section 133.18 of the Revised Code; the service on
that debt; and the per capita obligation resulting from that debt,
including debt service, as of the school district's most recent
annual financial report;
(8) The proposed rate of the additional tax, if any, for
current operating expenses and, if the question is proposed under
division (J) of this section, the portion of the rate to be
allocated to the school district and the portion to be allocated
to partnering community schools;
(6)(9) The number of years the current operating expenses tax
will be in effect, or that it will be in effect for a continuing
period of time;
(7)(10) The proposed rate of the additional tax, if any, for
permanent improvements;
(8)(11) The number of years the permanent improvements tax
will be in effect, or that it will be in effect for a continuing
period of time;
(9)(12) The time and place of the special election.
(D) The form of the ballot for an election under this section
is as follows:
"Shall the .......... school district be authorized to do the
following:
(1) Issue bonds for the purpose of .......... in the
principal amount of $......, to be repaid annually over a maximum
period of ...... years, and levy a property tax outside the
ten-mill limitation, estimated by the county auditor to average
over the bond repayment period ...... mills for each one dollar of
tax valuation, which amounts to ...... (rate expressed in cents or
dollars and cents, such as "36 cents" or "$1.41") for each $100 of
tax valuation, to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those
bonds?
Currently, ..........'s (name of school district) outstanding
debt totals .......... (amount of outstanding debt, as defined in
section 133.18 of the Revised Code); the debt service is in the
amount of .......... (amount of debt service); and the outstanding
debt per capita, including debt service, amounts to ..........
(per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation)."
If either a levy for permanent improvements or a levy for
current operating expenses is proposed, or both are proposed, the
ballot also shall contain the following language, as appropriate:
"(2) Levy an additional property tax to provide funds for the
acquisition, construction, enlargement, renovation, and financing
of permanent improvements at a rate not exceeding ....... mills
for each one dollar of tax valuation, which amounts to .......
(rate expressed in cents or dollars and cents) for each $100 of
tax valuation, for ...... (number of years of the levy, or a
continuing period of time)?
(3) Levy an additional property tax to pay current operating
expenses at a rate not exceeding ....... mills for each one dollar
of tax valuation, which amounts to ....... (rate expressed in
cents or dollars and cents) for each $100 of tax valuation, for
....... (number of years of the levy, or a continuing period of
time)?
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FOR THE BOND ISSUE AND LEVY (OR LEVIES) |
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AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) |
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If the question is proposed under division (J) of this
section, the form of the ballot shall be modified as prescribed by
division (J)(4) of this section.
(E) The board of elections promptly shall certify the results
of the election to the tax commissioner and the county auditor of
the county in which the school district is located. If a majority
of the electors voting on the question vote for it, the board of
education may proceed with issuance of the bonds and with the levy
and collection of the property tax or taxes at the additional rate
or any lesser rate in excess of the ten-mill limitation. Any
securities issued by the board of education under this section are
Chapter 133. securities, as that term is defined in section 133.01
of the Revised Code.
(F)(1) After the approval of a tax for current operating
expenses under this section and prior to the time the first
collection and distribution from the levy can be made, the board
of education may anticipate a fraction of the proceeds of such
levy and issue anticipation notes in a principal amount not
exceeding fifty per cent of the total estimated proceeds of the
tax to be collected during the first year of the levy.
(2) After the approval of a tax under this section for
permanent improvements having a specific purpose, the board of
education may anticipate a fraction of the proceeds of such tax
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax
remaining to be collected in each year over a period of five years
after issuance of the notes.
(3) After the approval of a tax for general, on-going
permanent improvements under this section, the board of education
may anticipate a fraction of the proceeds of such tax and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the tax to be collected in
each year over a specified period of years, not exceeding ten,
after issuance of the notes.
Anticipation notes under this section shall be issued as
provided in section 133.24 of the Revised Code. Notes issued under
division (F)(1) or (2) of this section shall have principal
payments during each year after the year of their issuance over a
period not to exceed five years, and may have a principal payment
in the year of their issuance. Notes issued under division (F)(3)
of this section shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
(G) A tax for current operating expenses or for permanent
improvements levied under this section for a specified number of
years may be renewed or replaced in the same manner as a tax for
current operating expenses or for permanent improvements levied
under section 5705.21 of the Revised Code. A tax for current
operating expenses or for permanent improvements levied under this
section for a continuing period of time may be decreased in
accordance with section 5705.261 of the Revised Code.
(H) The submission of a question to the electors under this
section is subject to the limitation on the number of elections
that can be held in a year under section 5705.214 of the Revised
Code.
(I) A school district board of education proposing a ballot
measure under this section to generate local resources for a
project under the school building assistance expedited local
partnership program under section 3318.36 of the Revised Code may
combine the questions under division (D) of this section with a
question for the levy of a property tax to generate moneys for
maintenance of the classroom facilities acquired under that
project as prescribed in section 3318.361 of the Revised Code.
(J)(1) After receiving the county auditor's certification
under division (A) of this section, the board of education of a
municipal school district, by a vote of two-thirds of all its
members, may declare by resolution that it is necessary to levy a
tax in excess of the ten-mill limitation for the purpose of paying
the current expenses of the school district and of partnering
community schools, as defined in section 5705.21 of the Revised
Code; that it is necessary to issue general obligation bonds of
the school district for permanent improvements of the district and
to levy an additional tax in excess of the ten-mill limitation to
pay debt charges on the bonds and any anticipatory securities; and
that the question of the bonds and taxes shall be submitted to the
electors of the school district at a special election, which shall
not be earlier than ninety days after certification of the
resolution to the board of elections, and the date of which shall
be consistent with section 3505.01 of the Revised Code.
The levy of taxes for the current expenses of a partnering
community school under division (J) of this section and the
distribution of proceeds from the tax by a municipal school
district to partnering community schools is hereby determined to
be a proper public purpose.
(2) The tax for the current expenses of the school district
and of partnering community schools is subject to the requirements
of divisions (B)(3), (4), and (5) of section 5705.21 of the
Revised Code.
(3) In addition to the required specifications of the
resolution under division (B) of this section, the resolution
shall express the rate of the tax in mills per dollar of taxable
value, state the number of the mills to be levied for the current
expenses of the partnering community schools and the number of the
mills to be levied for the current expenses of the school
district, specify the number of years (not exceeding ten) the tax
will be levied or that it will be levied for a continuing period
of time, and state the first year the tax will be levied.
The resolution shall go into immediate effect upon its
passage, and no publication of it is necessary other than that
provided in the notice of election. The board of education shall
certify a copy of the resolution, along with copies of the
auditor's estimate and its resolution under division (A) of this
section, to the board of elections immediately after its adoption.
(4) The form of the ballot shall be modified by replacing the
ballot form set forth in division (D)(3) of this section with the
following:
"Levy an additional property tax for the purpose of the
current expenses of the school district and of partnering
community schools at a rate not exceeding ...... (insert the
number of mills) mills for each one dollar of valuation (of which
...... (insert the number of mills to be allocated to partnering
community schools) mills is to be allocated to partnering
community schools), which amounts to ...... (insert the rate
expressed in dollars and cents) for each one hundred dollars of
valuation, for ...... (insert the number of years the levy is to
be imposed, or that it will be levied for a continuing period of
time)?
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FOR THE BOND ISSUE AND LEVY (OR LEVIES) |
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AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) |
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(5) After the approval of a tax for the current expenses of
the school district and of partnering community schools under
division (J) of this section, and prior to the time the first
collection and distribution from the levy can be made, the board
of education may anticipate a fraction of the proceeds of the levy
for the current expenses of the school district and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the estimated proceeds of the levy to be collected during
the first year of the levy and allocated to the school district.
The portion of levy proceeds to be allocated to partnering
community schools shall not be included in the estimated proceeds
anticipated under this division and shall not be used to pay debt
charges on any anticipation notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have a principal payment in the year of their
issuance.
(6) A tax for the current expenses of the school district and
of partnering community schools levied under division (J) of this
section for a specified number of years may be renewed or replaced
in the same manner as a tax for the current expenses of a school
district and of partnering community schools levied under division
(B) of section 5705.21 of the Revised Code. A tax for the current
expenses of the school district and of partnering community
schools levied under this division for a continuing period of time
may be decreased in accordance with section 5705.261 of the
Revised Code.
(7) The proceeds from the issuance of the general obligation
bonds under division (J) of this section shall be used solely to
pay for permanent improvements of the school district and not for
permanent improvements of partnering community schools.
Sec. 5748.08. (A) The board of education of a city, local,
or exempted village school district, at any time by a vote of
two-thirds of all its members, may declare by resolution that it
may be necessary for the school district to do all of the
following:
(1) Raise a specified amount of money for school district
purposes by levying an annual tax on school district income;
(2) Issue general obligation bonds for permanent
improvements, stating in the resolution the necessity and purpose
of the bond issue and the amount, approximate date, estimated rate
of interest, and maximum number of years over which the principal
of the bonds may be paid information required under division
(B)(3) of section 133.18 of the Revised Code;
(3) Levy a tax outside the ten-mill limitation to pay debt
charges on the bonds and any anticipatory securities;
(4) Submit the question of the school district income tax and
bond issue to the electors of the district at a special election.
The resolution shall specify whether the income that is to be
subject to the tax is taxable income of individuals and estates as
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the
Revised Code or taxable income of individuals as defined in
division (E)(1)(b) of that section.
On adoption of the resolution, the board shall certify a copy
of it to the tax commissioner and the county auditor no later than
one hundred five days prior to the date of the special election at
which the board intends to propose the income tax and bond issue.
Not later than ten days of receipt of the resolution, the tax
commissioner, in the same manner as required by division (A) of
section 5748.02 of the Revised Code, shall estimate the rates
designated in divisions (A)(1) and (2) of that section and certify
them to the board. Not later than ten days of receipt of the
resolution, the county auditor shall estimate and certify to the
board the average annual property tax rate required throughout the
stated maturity of the bonds to pay debt charges on the bonds, in
the same manner as under division (C) of section 133.18 of the
Revised Code.
(B) On receipt of the tax commissioner's and county auditor's
certifications prepared under division (A) of this section, the
board of education of the city, local, or exempted village school
district, by a vote of two-thirds of all its members, may adopt a
resolution proposing for a specified number of years or for a
continuing period of time the levy of an annual tax for school
district purposes on school district income and declaring that the
amount of taxes that can be raised within the ten-mill limitation
will be insufficient to provide an adequate amount for the present
and future requirements of the school district; that it is
necessary to issue general obligation bonds of the school district
for specified permanent improvements and to levy an additional tax
in excess of the ten-mill limitation to pay the debt charges on
the bonds and any anticipatory securities; and that the question
of the bonds and taxes shall be submitted to the electors of the
school district at a special election, which shall not be earlier
than ninety days after certification of the resolution to the
board of elections, and the date of which shall be consistent with
section 3501.01 of the Revised Code. The resolution shall specify
all of the following:
(1) The purpose for which the school district income tax is
to be imposed and the rate of the tax, which shall be the rate set
forth in the tax commissioner's certification rounded to the
nearest one-fourth of one per cent;
(2) Whether the income that is to be subject to the tax is
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or
taxable income of individuals as defined in division (E)(1)(b) of
that section. The specification shall be the same as the
specification in the resolution adopted and certified under
division (A) of this section.
(3) The number of years the tax will be levied, or that it
will be levied for a continuing period of time;
(4) The date on which the tax shall take effect, which shall
be the first day of January of any year following the year in
which the question is submitted;
(5) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds.
(C) A resolution adopted under division (B) of this section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least ninety days prior to the election at which
the question will appear on the ballot, the board of education
shall certify a copy of the resolution, along with copies of the
auditor's estimate and its resolution under division (A) of this
section, to the board of elections of the proper county. The board
of education shall make the arrangements for the submission of the
question to the electors of the school district, and the election
shall be conducted, canvassed, and certified in the same manner as
regular elections in the district for the election of county
officers.
The resolution shall be put before the electors as one ballot
question, with a majority vote indicating approval of the school
district income tax, the bond issue, and the levy to pay debt
charges on the bonds and any anticipatory securities. The board of
elections shall publish the notice of the election in a newspaper
of general circulation in the school district once a week for two
consecutive weeks, or as provided in section 7.16 of the Revised
Code, prior to the election. If the The board of elections
operates and maintains a web site, it also shall post notice of
the election on its web site, or if the board does not maintain a
web site, on the state public notice web site established under
section 125.182 of the Revised Code, for thirty forty-five days
prior to the election. The notice of election shall state all of
the following:
(1) The questions to be submitted to the electors;
(2) The rate of the school district income tax;
(3) The principal amount of the proposed bond issue;
(4) The permanent improvements for which the bonds are to be
issued;
(5) The estimated total amount of debt service;
(6) The estimated per capita obligation resulting from the
bonds, including debt service;
(7) The maximum number of years over which the principal of
the bonds may be paid;
(6)(8) The estimated additional average annual property tax
rate to pay the debt charges on the bonds, as certified by the
county auditor;
(7)(9) The amount of the school district's outstanding debt,
as defined in section 133.18 of the Revised Code; the service on
that debt; and the per capita obligation resulting from that debt,
including debt service, as of the school district's most recent
annual financial report;
(10) The time and place of the special election.
(D) The form of the ballot on a question submitted to the
electors under this section shall be as follows:
"Shall the ........ school district be authorized to do both
of the following:
(1) Impose an annual income tax of ...... (state the proposed
rate of tax) on the school district income of individuals and of
estates, for ........ (state the number of years the tax would be
levied, or that it would be levied for a continuing period of
time), beginning ........ (state the date the tax would first take
effect), for the purpose of ........ (state the purpose of the
tax)?
(2) Issue bonds for the purpose of ....... in the principal
amount of $......, to be repaid annually over a maximum period of
....... years, and levy a property tax outside the ten-mill
limitation estimated by the county auditor to average over the
bond repayment period ....... mills for each one dollar of tax
valuation, which amounts to ....... (rate expressed in cents or
dollars and cents, such as "36 cents" or "$1.41") for each $100 of
tax valuation, to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those
bonds?
Currently, ..........'s (name of school district) outstanding
debt totals .......... (amount of outstanding debt, as defined in
section 133.18 of the Revised Code); the debt service is in the
amount of .......... (amount of debt service); and the outstanding
debt per capita, including debt service, amounts to ..........
(per capita obligation).
The proposed issuance of bonds will result in an additional
debt of .......... (principal amount of the bond issue); estimated
debt service in the amount of .......... (estimated debt service);
and an estimated per capita burden, including debt service, in the
amount of .......... (estimated per capita obligation).
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FOR THE INCOME TAX AND BOND ISSUE |
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AGAINST THE INCOME TAX AND BOND ISSUE |
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(E) If the question submitted to electors proposes a school
district income tax only on the taxable income of individuals as
defined in division (E)(1)(b) of section 5748.01 of the Revised
Code, the form of the ballot shall be modified by stating that the
tax is to be levied on the "earned income of individuals residing
in the school district" in lieu of the "school district income of
individuals and of estates."
(F) The board of elections promptly shall certify the results
of the election to the tax commissioner and the county auditor of
the county in which the school district is located. If a majority
of the electors voting on the question vote in favor of it, the
income tax and the applicable provisions of Chapter 5747. of the
Revised Code shall take effect on the date specified in the
resolution, and the board of education may proceed with issuance
of the bonds and with the levy and collection of the property
taxes to pay debt charges on the bonds, at the additional rate or
any lesser rate in excess of the ten-mill limitation. Any
securities issued by the board of education under this section are
Chapter 133. securities, as that term is defined in section 133.01
of the Revised Code.
(G) After approval of a question under this section, the
board of education may anticipate a fraction of the proceeds of
the school district income tax in accordance with section 5748.05
of the Revised Code. Any anticipation notes under this division
shall be issued as provided in section 133.24 of the Revised Code,
shall have principal payments during each year after the year of
their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.
(H) The question of repeal of a school district income tax
levied for more than five years may be initiated and submitted in
accordance with section 5748.04 of the Revised Code.
(I) No board of education shall submit a question under this
section to the electors of the school district more than twice in
any calendar year. If a board submits the question twice in any
calendar year, one of the elections on the question shall be held
on the date of the general election.
Section 2. That existing sections 133.18, 1711.18, 1711.30,
3318.06, 3318.062, 3318.45, 3505.062, 3519.03, 5705.218, and
5748.08 of the Revised Code are hereby repealed.
Section 3. Section 133.18 of the Revised Code is presented
in this act as a composite of the section as amended by Am. Sub.
H.B. 48 of the 128th General Assembly and Am. Sub. H.B. 153 of the
129th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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