Ohio Code § 5705.213
Ohio Code § 5705.213. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5705.213
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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