§ 118.01 Local fiscal emergency definitions
§ 118.02 Requiring fiscal integrity of municipal corporations, counties, and townships
§ 118.021 Initiating fiscal watch review
§ 118.022 Conditions constituting grounds for fiscal watch
§ 118.023 Declaring existence of fiscal watch; financial recovery plan
§ 118.025 Guidelines for identifying potential for declarations of fiscal watch or fiscal emergency; declaration of fiscal caution
§ 118.03 Fiscal emergency conditions
§ 118.04 Determining existence of fiscal emergency condition
§ 118.041 Performance audit of municipal corporations
§ 118.05 Financial planning and supervision commission
§ 118.06 Submission of detailed financial plan
§ 118.07 Commission or financial supervisor – powers and duties
§ 118.08 Powers, duties, and functions of financial planning and supervision commission
§ 118.09 Paying expenses and obligations
§ 118.10 Developing effective financial accounting and reporting system
§ 118.11 Cooperation in furnishing information; review and approval of information and reports
§ 118.12 Failure to submit plan
§ 118.13 Appropriations may not be contrary to financial plan
§ 118.14 Commission communications
§ 118.15 Prior approval of debt obligations
§ 118.16 Bond anticipation notes
§ 118.17 Issuing local government fund notes
§ 118.18 Debt obligation definitions
§ 118.19 Using special provisions for debt obligations
§ 118.20 Authorizing debt obligations
§ 118.21 Rights and remedies of the holders of debt obligations
§ 118.22 Pledge and agreement of state with and for benefit of holders of debt obligations
§ 118.23 Current revenue notes issued during fiscal emergency period
§ 118.24 Issuing advance tax payment notes
§ 118.25 Invest in current revenue notes
§ 118.26 Debt obligations
§ 118.27 Continued existence of commission
§ 118.271 Issuing general obligation, special obligation, or revenue bonds and notes in anticipation of bonds
§ 118.28 Severability – construction
§ 118.31 Legal action to dissolve a municipal corporation or township
§ 118.99 Penalty

Terms Used In Ohio Code > Chapter 118

  • Acquisition or construction: includes the undertaking of a voluntary action. See Ohio Code 6123.01
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advance tax payment notes: means the notes authorized by section 118. See Ohio Code 118.01
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Appropriation measure: means any appropriation measure, amendment of an appropriation measure, or supplement to an appropriation measure of a municipal corporation, county, or township referred to in sections 5705. See Ohio Code 118.01
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Balanced budget: A budget in which receipts equal outlays.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficial use: means a use of water, including the method of diversion, storage, transportation, treatment, and application, that is reasonable and consistent with the public interest in the proper utilization of water resources, including, without limitation, domestic, agricultural, industrial, power, municipal, navigational, fish and wildlife, and recreational uses. See Ohio Code 6121.01
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bond: includes an undertaking. See Ohio Code 1.02
  • Bond anticipation notes: means notes issued in anticipation of the issuance of bonds. See Ohio Code 118.01
  • Certificate of estimated resources: means the official certificate of estimated resources of the county budget commission and amendments of the certificate certified to the municipal corporation, county, or township as provided for in Chapter 5705. See Ohio Code 118.01
  • Chambers: A judge's office.
  • Chief elected official or officials: when used in reference to a local area, means the chief elected executive officer of a unit of general local government in the local area or, in the case of a local area that includes more than one unit of general local government, the individual or individuals designated under an agreement described in section 107 of the Workforce Innovation and Opportunity Act, 29 U. See Ohio Code 6301.01
  • Commission: means a financial planning and supervision commission created by section 118. See Ohio Code 118.01
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction funds: means proceeds from the sale of debt obligations restricted by law or pursuant to the proceedings for the issuance of such debt obligations to use for permanent improvements as defined in division (E) of section 5705. See Ohio Code 118.01
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • cost: includes the costs of conducting the voluntary actions as defined in section 3746. See Ohio Code 6123.01
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County auditor: means the county auditor with whom tax budgets of the municipal corporation, county, or township are to be filed in accordance with section 5705. See Ohio Code 118.01
  • County budget commission: means the county budget commission to which the tax budget of the municipal corporation, county, or township is to be submitted in accordance with section 5705. See Ohio Code 118.01
  • Current revenue notes: means debt obligations described in section 133. See Ohio Code 118.01
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debt limits: means the limitations on net indebtedness provided in sections 133. See Ohio Code 118.01
  • Debt obligations: means bonds, notes, certificates of indebtedness, bond anticipation notes, current revenue notes, local government fund notes, or other obligations issued or incurred in borrowing money, or to renew, refund, fund, or refinance, or issued in exchange for, such obligations, and any interest coupons pertaining thereto other than bonds or other obligations issued under authority of Section 13 of Article VIII, Ohio Constitution. See Ohio Code 118.01
  • Default: means failure to pay the principal of or the interest on a debt obligation, or failure to make other payment to be made to the holder or owner of a debt obligation, in the full amount and at the time provided for in the contractual commitment with respect thereto, unless the time for such payment has been extended by the owner or holder of the debt obligation without penalty or premium and without the effect of subjecting the municipal corporation, county, or township to the initiation of remedies pertaining to such debt obligation or other debt obligations. See Ohio Code 118.01
  • development project: means any energy resource development facility as defined in section 1551. See Ohio Code 6123.01
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Effective financial accounting and reporting system: means an accounting and reporting system fully in compliance with the requirements prescribed by and pursuant to Chapter 117. See Ohio Code 118.01
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Financial plan: means the financial plan approved by the commission in accordance with section 118. See Ohio Code 118.01
  • Financial supervisor: means the auditor of state. See Ohio Code 118.01
  • Fiscal emergency: means the existence of fiscal emergency conditions determined as provided in section 118. See Ohio Code 118.01
  • Fiscal emergency conditions: means any of the events or occurrences described in section 118. See Ohio Code 118.01
  • Fiscal emergency period: means the period of time commencing on the date when the determination of a fiscal emergency is made by the auditor of state pursuant to section 118. See Ohio Code 118.01
  • Fiscal officer: means the fiscal officer of the municipal corporation, county, or township as defined in division (D) of section 5705. See Ohio Code 118.01
  • Fiscal watch: means the existence of fiscal watch conditions as determined in accordance with section 118. See Ohio Code 118.01
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fringe benefits: means expenditures for goods and services furnished to municipal, county, or township officers or employees by the municipal corporation, county, or township, including, but not limited to, such benefits as food, temporary housing, and clothing, and the provision of pension, retirement, disability, hospitalization, health care, insurance, or other benefits to employees requiring the advance payment of money other than directly to employees or other beneficiaries, or the deposit or reservation of money for such purpose. See Ohio Code 118.01
  • General fund: means the fund referred to in division (A) of section 5705. See Ohio Code 118.01
  • General fund budget: means aggregate revenues available in the general fund during the applicable fiscal year as shown by the certificate of estimated resources. See Ohio Code 118.01
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental agencies: means departments, divisions, or other units of state government, watershed districts, soil and water conservation districts, municipal corporations, counties, townships, and other political subdivisions, special water districts, including county and regional sewer and water districts, conservancy districts, sanitary districts, sewer districts, or any other public corporation or agency having the authority to acquire, construct, or operate waste water or water management facilities, the United States or any agency thereof, and any agency, commission, or authority established pursuant to an interstate compact or agreement. See Ohio Code 6121.01
  • Governmental agency: means a department, division, or other unit of state government, a municipal corporation, county, township, and other political subdivision, or any other public corporation or agency, the United States or any agency thereof, and any agency, commission, or authority established pursuant to an interstate compact or agreement. See Ohio Code 6123.01
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • Industrial waste: means any liquid, gaseous, or solid waste substance, heat, radioactivity, or radiation, resulting from any process of industry, manufacture, trade, or business, or from the development, processing, or recovery of any natural resource, together with such sewage as is present, that pollutes the waters of the state or that in the absence of a waste water facility would pollute or cause greater pollution of the waters of the state. See Ohio Code 6121.01
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local area: means a local workforce development area designated under section 106 of the Workforce Innovation and Opportunity Act, 29 U. See Ohio Code 6301.01
  • Local board: means a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act, 29 U. See Ohio Code 6301.01
  • Mayor: means the officer of the municipal corporation designated as such by law or the chief executive officer under the charter of the municipal corporation. See Ohio Code 118.01
  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: includes affirmation, and "swear" includes affirm. See Ohio Code 1.59
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ohio water development authority: means the authority created by section 6121. See Ohio Code 6123.01
  • OhioMeansJobs center: means a physical one-stop center described in section 121(e)(2) of the Workforce Innovation and Opportunity Act, 29 U. See Ohio Code 6301.01
  • OhioMeansJobs center operator: means an entity or a consortium of entities designated or certified through a competitive process to operate a one-stop center under section 121(d) of the Workforce Innovation and Opportunity Act, 29 U. See Ohio Code 6301.01
  • OhioMeansJobs web site: means the statewide electronic system for labor exchange and job placement activity operated by the state. See Ohio Code 6301.01
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes all individuals, copartnerships, associations, corporations, or governmental agencies having any title or interest in any property, rights, easements, and interests authorized to be acquired by this chapter. See Ohio Code 6123.01
  • Owner: includes all individuals, copartnerships, associations, corporations, or governmental agencies having any title or interest in any property rights, easements, and interests authorized to be acquired by this chapter. See Ohio Code 6121.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payroll: means compensation due and payable to employees of the municipal corporation, county, or township, other than fringe benefits. See Ohio Code 118.01
  • Person: means any individual, firm, partnership, association, or corporation, or two or more or any combination thereof. See Ohio Code 6121.01
  • Person: means any individual, firm, partnership, association, or corporation, or any combination thereof. See Ohio Code 6123.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Planning region: means an area consisting of two or more local areas that are collectively aligned to engage in the regional planning process outlined in section 106(c)(1) of the Workforce Innovation and Opportunity Act, 29 U. See Ohio Code 6301.01
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pollution: means the placing of any noxious or deleterious substances in any waters of the state or otherwise affecting the waters or properties of any waters of the state, including the temperature or radioactivity thereof, in a manner that is or renders the waters harmful or inimical to the public health, to animal or aquatic life, or to the use of the waters for domestic water supply, industrial, or agricultural purposes or recreation. See Ohio Code 6121.01
  • Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Property: means real and personal property. See Ohio Code 1.59
  • Public roads: includes all public highways, roads, and streets in the state whether maintained by the state or by a county, township, municipal corporation, or other political subdivision. See Ohio Code 6123.01
  • Public roads: includes all public highways, roads, and streets in the state whether maintained by the state or a county, municipal corporation, township, or other political subdivision. See Ohio Code 6121.01
  • Public utility facilities: includes tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility. See Ohio Code 6123.01
  • Public utility facilities: includes tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility. See Ohio Code 6121.01
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered mail: includes certified mail and "certified mail" includes registered mail. See Ohio Code 1.02
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Revenue estimates: means the estimates of revenue receipts to the credit of the general fund and special funds as estimated and supplemented, modified, or amended by the municipal corporation, county, or township, or the county budget commission. See Ohio Code 118.01
  • Revenues: means all rentals and other charges for the use or services of any water development project, any gift or grant received with respect thereto, including, without limitation, any moneys received by the authority pursuant to an agreement entered into under section 6109. See Ohio Code 6121.01
  • Revenues: means all rentals and other charges received by the authority for the use or services of any development project, any gift or grant received with respect thereto, any moneys received with respect to the lease, sub-lease, sale, including installment sale or conditional sale, or other disposition of a development project, moneys received in repayment of and for interest on any loan made by the authority to a person or governmental agency, whether from the United States or a department, administration, or agency thereof, or otherwise, proceeds of such bonds to the extent of use thereof for payment of principal of, premium if any, or interest on the bonds is authorized by the authority, proceeds from any insurance, condemnation, or guaranty pertaining to a project or property mortgaged to secure bonds or pertaining to the financing of the project, and income and profit from the investment of the proceeds of development revenue bonds or of any revenues. See Ohio Code 6123.01
  • Rule: includes regulation. See Ohio Code 1.59
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewage: means any substance that contains any of the waste products or excrementitious or other discharge from the bodies of human beings or animals and that pollutes the waters of the state or that in the absence of a waste water facility would pollute or cause greater pollution of the waters of the state. See Ohio Code 6121.01
  • Solid waste: means such unwanted residual solid or semi-solid material as results from industrial operations, including those of public utility companies, and commercial, distribution, research, agricultural, and community operations, including garbage, tires, combustible, noncombustible, or radioactive material, street dirt, and debris. See Ohio Code 6123.01
  • Solid waste facilities: means facilities or property, or the modification or replacement of property, for the collection, storage, treatment, utilization, processing, transporting, or final disposal of or recovery of resources or energy from solid waste, including, without limitation, facilities and expenditures that qualify as solid waste disposal facilities under section 103(b)(4)(E) of the Internal Revenue Code of 1954, as amended, and regulations adopted thereunder, scrap tire recovery facilities registered or permitted under section 3734. See Ohio Code 6123.01
  • Special funds: means any of the funds, other than the general fund, referred to in sections 5705. See Ohio Code 118.01
  • state: means the state of Ohio. See Ohio Code 1.59
  • state agency: except as otherwise provided in the title, means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government. See Ohio Code 1.60
  • State board: means the governor's executive workforce board required under section 101 of the Workforce Innovation and Opportunity Act, 29 U. See Ohio Code 6301.01
  • Statute: A law passed by a legislature.
  • Tax budget: means the tax budget provided for in section 5705. See Ohio Code 118.01
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Undertaking: includes a bond. See Ohio Code 1.02
  • United States: includes all the states. See Ohio Code 1.59
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Verdict: The decision of a petit jury or a judge.
  • Voluntary action: means a voluntary action, as defined in section 3746. See Ohio Code 6123.01
  • Waste water: means any water containing sewage or industrial waste or other pollutants or contaminants derived from the prior use of the water. See Ohio Code 6121.01
  • Waste water facilities: means facilities, property, or the modification or replacement of property for the purpose of treating, neutralizing, disposing of, stabilizing, dispersing, cooling, segregating, or holding waste water, or for the removal, reduction, containment, alteration, storage, or disposal of sewage or industrial waste or substances containing sewage or industrial waste, or for the prevention or reduction, or reduction of the concentration, of pollution of the waters of the state, including, without limitation, facilities for the withdrawal of waters of the state, facilities for the treatment and disposal of sewage or industrial waste and the residue thereof, facilities for the temporary or permanent impoundment of waste water, both surface and underground, and sanitary sewers and other systems, whether on the surface or underground, designed to transport waste water together with the equipment and furnishings thereof and their appurtenances and systems, whether on the surface or underground, including force mains and pumping facilities therefor when necessary, and facilities or expenditures that qualify as water pollution control facilities under Section 103(C)(4)(F) of the Internal Revenue Code of 1954, as amended, and regulations adopted thereunder, and also includes any property or system to be used in whole or in part for any of the foregoing purposes, whether or not another purpose also is served, and any property or system incidental to or that has to do with or the end purpose of which is any of the foregoing. See Ohio Code 6121.01
  • water development project: means either of the following:

    (1) Any waste water facility or water management facility, including undivided or other interests therein, acquired or constructed or to be acquired or constructed by the Ohio water development authority under this chapter, or acquired or constructed or to be acquired or constructed by a governmental agency or person with all or a portion of the cost thereof being paid from a loan or grant from the authority under this chapter, including all buildings and facilities that the authority considers necessary for the operation of the project, together with all property, rights, easements, and interest that may be required for the operation of the project;

    (2) Any project or activity qualifying for financial assistance under section 6109. See Ohio Code 6121.01

  • Water management facilities: means facilities for the development, use, and protection of water resources, including, without limitation, facilities for water supply, facilities for stream flow improvement, dams, reservoirs, and other impoundments, water transmission lines, water wells and well fields, pumping stations and works for underground water recharge, facilities for the management and treatment of storm water, stream monitoring systems, facilities for the stabilization of stream and river banks and coastal erosion areas, as defined in section 1506. See Ohio Code 6121.01
  • Water resources: means all waters of the state occurring on the surface in natural or artificial channels, lakes, reservoirs, or impoundments, and underground in subsurface aquifers, that are available or may be made available to agricultural, industrial, commercial, recreational, public, and domestic users. See Ohio Code 6121.01
  • Waters of the state: means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and other bodies or accumulations of water, surface and underground, natural or artificial, that are situated wholly or partly within, or border upon, this state or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters. See Ohio Code 6121.01
  • Workforce Innovation and Opportunity Act: means the "Workforce Innovation and Opportunity Act" 29 U. See Ohio Code 6301.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.