Ohio § 5705.218

§ 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. 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, expressed 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, 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 expressed 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, 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 expressed 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, 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 estimates 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 qualifying 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 board of elections operates and maintains a web site, that board also shall

post notice of the election on its web site for thirty 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 maximum number of years over which the principal of the bonds may be paid; (4) The estimated additional average annual property tax rate to pay the debt charges

on the bonds, as certified by the county auditor and expressed 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; (5) The proposed rate of the additional tax, if any, for current operating expenses expressed

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 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) 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) The proposed rate of the additional tax, if any, for permanent improvements expressed

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; (8) 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) The annual estimated collections, if applicable, of the current operating expenses

levy and permanent improvements levy, as certified by the county auditor; (10) 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 $1 of taxable value, which amounts to $______ for each $100,000 of the county auditor's market value, to pay the annual debt charges

on the bonds, and to pay debt charges on any notes issued in anticipation of those

bonds?” 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, that the county

auditor estimates will collect $_____ annually, at a rate not exceeding _____ mills for each $1 of taxable value, which amounts to $_____ for each $100,000 of the county auditor's market value, for _____ (number of years of the levy, or a continuing period of time)? (3) Levy an additional property tax to pay current operating expenses, that the county

auditor estimates will collect $_____ annually, at a rate not exceeding _____ mills for each $1 of taxable value, which amounts to $_____ for each $100,000 of the county auditor's market value, for _____ (number of years of the levy, or a continuing period of time)? FOR THE BOND ISSUE AND LEVY (OR LEVIES) ” AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) 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 under this section for general permanent improvements

as defined under section 5705.21 of the Revised Code , 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 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 certifications under division (A) of this section,

the board of education of a qualifying 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 qualifying

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 for each one

dollar of taxable value and in dollars for each one hundred thousand dollars of the

county auditor's market 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, that the county auditor estimates will

collect $_____ annually, at a rate not exceeding _____ mills for each $1 of taxable value (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 $_____ for each $100,000 of the county auditor's market value, for _____ (insert the number of years the levy is to be imposed, or that it will be levied

for a continuing period of time)? FOR THE BOND ISSUE AND LEVY (OR LEVIES) ” AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) (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 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.