Ohio Revised Code
Chapter 118 | Local Fiscal Emergencies
Section 118.02 | Requiring Fiscal Integrity of Municipal Corporations, Counties, and Townships.

Effective: September 3, 1996
Latest Legislation: House Bill 462 - 121st General Assembly
(A) Pursuant to the authority of the general assembly to provide for the public health, safety, and welfare and to limit and restrict the powers of municipal corporations, counties, and townships to borrow money, contract debts, and levy taxes to prevent the abuse of such powers and to require reports and examination of their financial condition, transactions, operations, and undertakings, it is hereby declared to be the public policy and a public purpose of the state to require fiscal integrity of municipal corporations, counties, and townships so that they may provide for the health, safety, and welfare of their citizens, pay when due principal and interest on their debt obligations, meet financial obligations to their employees, vendors, and suppliers, and provide for proper financial accounting procedures, budgeting, and taxing practices. The failure of a municipal corporation, county, or township to so act is hereby determined to affect adversely the health, safety, and welfare not only of the people of the municipal corporation, county, or township but also of other people of the state. It is further determined that the fiscal emergency conditions described in division (A) of section 118.03 of the Revised Code result from and constitute abuses of the powers of a municipal corporation, county, or township to borrow money, contract debts, and levy taxes, and that such conditions impair and threaten the health, safety, and welfare of the people of the state within and beyond the municipal corporation, county, or township.
(B) The intention of the general assembly, under this chapter, is to enact procedures, provide powers, and impose restrictions to assure fiscal integrity of municipal corporations, counties, and townships, as set out in division (A) of this section, while leaving principal responsibility for the conduct of the affairs of a municipal corporation, county, or township in the charge of its duly elected officials and leaving to their discretion the choices for and manner of expenditures of available revenues, consistent with the requirements for satisfying the public policy and purpose herein set forth.
(C) Unless otherwise indicated, the provisions of this chapter are supplemental to other provisions of law, including Chapters 133. and 5705., sections 717.15 and 717.16, and other provisions of the Revised Code, and to the charter, ordinances, and resolutions of the municipal corporation, county, or township, consistent with this chapter. Any provisions of Chapters 133. and 5705., sections 717.15 and 717.16, or other provisions of the Revised Code, and the charter, ordinances, or resolutions of the municipal corporation, county, or township may be utilized in the issuance of debt obligations under this chapter. The provisions of this chapter prevail over such other provisions of law and the charter, ordinances, or resolutions of the municipal corporation, county, or township to the extent of any conflict or inconsistency between this chapter and such other laws, charter, ordinances, or resolutions.

Structure Ohio Revised Code

Ohio Revised Code

Title 1 | State Government

Chapter 118 | Local Fiscal Emergencies

Section 118.01 | Local Fiscal Emergency Definitions.

Section 118.02 | Requiring Fiscal Integrity of Municipal Corporations, Counties, and Townships.

Section 118.021 | Initiating Fiscal Watch Review.

Section 118.022 | Conditions Constituting Grounds for Fiscal Watch.

Section 118.023 | Declaring Existence of Fiscal Watch; Financial Recovery Plan.

Section 118.025 | Guidelines for Identifying Potential for Declarations of Fiscal Watch or Fiscal Emergency; Declaration of Fiscal Caution.

Section 118.03 | Fiscal Emergency Conditions.

Section 118.04 | Determining Existence of Fiscal Emergency Condition.

Section 118.041 | Performance Audit of Municipal Corporations.

Section 118.05 | Financial Planning and Supervision Commission.

Section 118.06 | Submission of Detailed Financial Plan.

Section 118.07 | Commission or Financial Supervisor - Powers and Duties.

Section 118.08 | Powers, Duties, and Functions of Financial Planning and Supervision Commission.

Section 118.09 | Paying Expenses and Obligations.

Section 118.10 | Developing Effective Financial Accounting and Reporting System.

Section 118.11 | Cooperation in Furnishing Information; Review and Approval of Information and Reports.

Section 118.12 | Failure to Submit Plan.

Section 118.13 | Appropriations May Not Be Contrary to Financial Plan.

Section 118.14 | Commission Communications.

Section 118.15 | Prior Approval of Debt Obligations.

Section 118.16 | Bond Anticipation Notes.

Section 118.17 | Issuing Local Government Fund Notes.

Section 118.18 | Debt Obligation Definitions.

Section 118.19 | Using Special Provisions for Debt Obligations.

Section 118.20 | Authorizing Debt Obligations.

Section 118.21 | Rights and Remedies of the Holders of Debt Obligations.

Section 118.22 | Pledge and Agreement of State With and for Benefit of Holders of Debt Obligations.

Section 118.23 | Current Revenue Notes Issued During Fiscal Emergency Period.

Section 118.24 | Issuing Advance Tax Payment Notes.

Section 118.25 | Invest in Current Revenue Notes.

Section 118.26 | Debt Obligations.

Section 118.27 | Continued Existence of Commission.

Section 118.271 | Issuing General Obligation, Special Obligation, or Revenue Bonds and Notes in Anticipation of Bonds.

Section 118.28 | Severability - Construction.

Section 118.31 | Legal Action to Dissolve a Municipal Corporation or Township.

Section 118.99 | Penalty.