Ohio Revised Code

Ohio Rev. Code § 133.13 (2026)

Issuing securities in anticipation of levy or collection of special assessments to pay costs of lighting, sprinkling, sweeping, cleaning, providing related or similar services

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If the special assessments are to be paid in one annual installment, the taxing authority of a subdivision may issue securities in anticipation of its levy or collection of special assessments to pay the costs of the subdivision's broadband funding gap portion for an eligible project under sections 122.40 to 122.4077 of the Revised Code, lighting, sprinkling, sweeping, cleaning, providing related or similar services or the services described in section 727.011 of the Revised Code, or of removing snow, ice, and debris from, or treating the surface of, streets, alleys, and public ways and places.

Such securities shall not be general obligations of the issuing subdivision, and shall not pledge to the payment of debt charges any receipts other than the special assessments anticipated, except that a municipal corporation, without incurring debt subject to direct or indirect debt limitations, may also pledge and apply proceeds of its municipal income tax to pay those debt charges. No property tax shall be levied or pledged for the payment of debt charges on the securities. The securities shall mature no later than the last day of December of the year in which the special assessments anticipated are scheduled to be collected.

The legislation authorizing the securities shall appropriate the special assessments anticipated, and such special assessments shall be deemed to be pledged and appropriated, first to the payment of the debt charges on the securities. After provision has been made for the payment in full of those debt charges, the balance of the special assessments may be appropriated and applied for the purposes for which they were levied.

Last updated June 9, 2021 at 10:45 AM

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× “11, Revised Code, and on the face of the ballot as required by Section 133.13, Revised Code. The respondent clerk’s answer admits all the allegations of the petition relating to the statutory requisites, but claims that his refusal to sign the note is not wrongful because of the…”
Schnoerr v. Miller, 212 N.E.2d 671 (Ohio Ct. App. 1st Dist. 1963). · cites it 2× “‘One purpose’ includes # * * in the case of a municipal corporation, any number of streets, bridges, and viaducts, including the municipal corporation’s share in streets to be improved in part’by assessment # * Section 133.13, Revised Code — Ballot—provides in part: ‘ ‘ The form…”
State ex rel. Bd. of Cnty. Commrs. v. Guckenberger, 165 Ohio St. (N.S.) 12 (Ohio 1956). · cites it 2× “This court held that “a form of ballot which recites only the amount and purpose of the proposed issue and does not disclose the estimated tax levy outside of all existing limitations and the maximum period of years required to pay the principal and interest of such bonds, is…”
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