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Ohio Laws and Rules
(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) of section
133.18 of the Revised Code.
(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?" 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?
(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?"
(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.
FOR THE BOND ISSUE AND TAX LEVY
AGAINST THE BOND ISSUE AND TAX LEVY "
Cite as R.C. § 3318.06
Amended by 128th General AssemblyFile No.29, HB 48, §1, eff. 7/2/2010.
Effective Date: 09-26-2003; 09-05-2006