Ohio § 5705.213

§ 5705.213.

(A)(1) The board of education of any school district, at any time and by a vote of two-thirds

of all of its members, may declare by resolution that the amount of taxes that may

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 and that it

is necessary to levy a tax in excess of that limitation for current expenses.  The resolution also shall state that the question of the additional tax shall be

submitted to the electors of the school district at a special election.  The resolution shall specify, for each year the levy is in effect, the amount of

money that the levy is proposed to raise, which may, for years after the first year

the levy is made, be expressed in terms of a dollar or percentage increase over the

prior year's amount.  The resolution also shall specify that the purpose of the levy is for current expenses,

the number of years during which the tax shall be in effect which may be for any number

of years not exceeding ten, and the year in which the tax first is proposed to be

levied.  The resolution shall specify the date of holding the special election, which shall

not be earlier than ninety-five days after the adoption and certification of the resolution

to the county auditor and not earlier than ninety days after certification to the

board of elections.  The date of the election shall be consistent with the requirements of section 3501.01 of the Revised Code . (2) The board of education, by a vote of two-thirds of all of its members, may adopt

a resolution proposing to renew a tax levied under division (A)(1) of this section.  Such a resolution shall provide for levying a tax and specify all of the following: (a) That the tax shall be called and designated on the ballot as a renewal levy; (b) The amount of the renewal tax, which shall be no more than the amount of tax levied

during the last year the tax being renewed is authorized to be in effect; (c) The number of years, not to exceed ten, that the renewal tax will be levied, or that

it will be levied for a continuing period of time; (d) That the purpose of the renewal levy is for current expenses; (e) Subject to the certification and notification requirements of section 5705.251 of the Revised Code , that the question of the renewal levy shall be submitted to the electors of the

school district at the general election held during the last year the tax being renewed

may be extended on the real and public utility property tax list and duplicate or

at a special election held during the ensuing year. (3) A resolution adopted under division (A)(1) or (2) of this section shall go into immediate

effect upon its adoption and no publication of the resolution is necessary other than

that provided for in the notice of election.  Immediately after its adoption, a copy of the resolution shall be certified to the

county auditor of the proper county, who shall, within ten days, calculate and certify

to the board of education the estimated levy, for the first year, and for each subsequent

year for which the tax is proposed to be in effect.  The estimates shall be made both in mills for each one dollar of taxable value and

in dollars for each one hundred thousand dollars of the county auditor's market value.  In making the estimates, the auditor shall assume that the amount of the tax list

remains throughout the life of the levy, the same as the tax list most recently certified

by the county auditor under division (A) of section 319.28 of the Revised Code . If the board desires to proceed with the submission of the question, it shall certify

its resolution, with the estimated tax levy expressed in mills for each one dollar

of taxable value and dollars for each one hundred thousand dollars of the county auditor's

market value for each year that the tax is proposed to be in effect, to the board

of elections of the proper county in the manner provided by division (A) of section 5705.251 of the Revised Code . Section 5705.251 of the Revised Code shall govern the arrangements for the submission of the question and other matters

concerning the election to which that section refers.  The election shall be held on the date specified in the resolution.  If a majority of the electors voting on the question so submitted in an election

vote in favor of the tax, and if the tax is authorized to be levied for the current

year, the board of education immediately may make the additional levy necessary to

raise the amount specified in the resolution or a lesser amount for the purpose stated

in the resolution. (4) The submission of questions to the electors under this section is subject to the

limitation on the number of election dates established by section 5705.214 of the Revised Code . (B) Notwithstanding section 133.30 of the Revised Code , after the approval of a tax to be levied in the current or the succeeding year and

prior to the time when the first tax collection from that levy can be made, the board

of education may anticipate a fraction of the proceeds of the levy and issue anticipation

notes in an amount not to exceed fifty per cent of the total estimated proceeds of

the levy to be collected during the first year of the levy.  The notes shall be sold as provided in Chapter 133. of the Revised Code.  If anticipation notes are issued, they shall mature serially and in substantially

equal amounts during each year over a period not to exceed five years;  and the amount

necessary to pay the interest and principal as the anticipation notes mature shall

be deemed appropriated for those purposes from the levy, and appropriations from the

levy by the board of education shall be limited each fiscal year to the balance available

in excess of that amount. If the auditor of state has certified a deficit pursuant to section 3313.483 of the Revised Code , the notes authorized under this section may be sold in accordance with Chapter 133.

of the Revised Code, except that the board may sell the notes after providing a reasonable

opportunity for competitive bidding.