Ohio Revised Code

Ohio Rev. Code § 133.09 (2026)

Net indebtedness of township - certain securities not considered in calculation

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(A) Unless it is a township that has adopted a limited home rule government under Chapter 504. of the Revised Code, a township shall not incur net indebtedness that exceeds an amount equal to five per cent of its tax valuation and, except as specifically authorized by section 505.262 of the Revised Code or other laws, shall not incur any net indebtedness unless authorized by vote of the electors.

(B) A township that has adopted a limited home rule government under Chapter 504. of the Revised Code shall not incur net indebtedness that exceeds an amount equal to ten and one-half per cent of its tax valuation, or incur without a vote of the electors net indebtedness that exceeds an amount equal to five and one-half per cent of that tax valuation. In calculating the net indebtedness of a township that has adopted a limited home rule government, none of the following securities shall be considered:

(1) Self-supporting securities issued for any purpose;

(2) Securities issued for the purpose of purchasing, constructing, improving, or extending water or sanitary or surface and storm water sewerage systems or facilities, or a combination of those systems or facilities, to the extent that an agreement entered into with another subdivision requires the other subdivision to pay to the township amounts equivalent to debt charges on the securities;

(3) Securities that are not general obligations of the township;

(4) Voted securities issued for the purposes of redevelopment to the extent that their principal amount does not exceed an amount equal to two per cent of the tax valuation of the township;

(5) Securities issued for the purpose of acquiring or constructing roads, highways, bridges, or viaducts, or for the purpose of acquiring or making other highway permanent improvements, to the extent that the resolution of the board of township trustees authorizing the issuance of the securities includes a covenant to appropriate from money distributed to the township under Chapter 4501., 4503., 4504., or 5735. of the Revised Code a sufficient amount to cover debt charges on and financing costs relating to the securities as they become due;

(6) Securities issued for energy conservation measures under section 505.264 of the Revised Code.

(C) In calculating the net indebtedness of any township, no obligation incurred under division (B) of section 513.17 or under section 505.261, 505.264, 505.265, 505.267, or 505.37 of the Revised Code, or in connection with a project undertaken pursuant to Section 515.03 of H.B. 66 of the 126th general assembly, Section 555.10 of H.B. 67 of the 127th general assembly, or Section 755.20 of H.B. 153 of the 129th general assembly shall be considered.

Notes of Decisions
Cited in 3 cases, 1955–1963 · leading case: State ex rel. Bd. of Edn. v. Allen, 143 N.E.2d 159 (Ohio Ct. App. 4th Dist. 1955).
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State ex rel. Bd. of Edn. v. Allen, 143 N.E.2d 159 (Ohio Ct. App. 4th Dist. 1955). · cites it 2× “The petition further avers that the only defect in the proceedings is the statement of an incorrect figure for the average annual tax levy to pay the principal and interest on the bonds in the county auditor’s certificate to the board of education as required by Section 133.09,…”
Schnoerr v. Miller, 212 N.E.2d 671 (Ohio Ct. App. 1st Dist. 1963). · cites it 6× “Section 133.09, Revised Code — Submission of question of issuing bonds to electors — provides in part: “The taxing authority of any subdivision may submit to the electors of such subdivision the question of issuing any bonds which said subdivision has power to issue.”
State ex rel. Bd. of Cnty. Commrs. v. Guckenberger, 165 Ohio St. (N.S.) 12 (Ohio 1956). · cites it 2× “Section 133.09, Revised Code, requires that “the auditor shall calculate and certify to the taxing authority the average annual levy, expressed in dollars and cents for each one hundred dollars of valuation as well as in mills for each one dollar of valuation, through the life…”
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