Rabe v. Board of Education

Citations

• 88 Ohio St. (N.S.) 403

Syllabus

<p>Taxation—Limitation on tax rate—Sections 5649-2 to 5049~5b, General Code—Statutes in conflict repealed by implication—Basis of calculation established, how—Limitation of issuance of bonds— Amount of income from taxes to be levied—In anticipation of bond issue—To be determined, how.</p> <p>1. Sections 5649-2 to 5Ó49-5&, General Code, inclusive, limit the rate of taxes that can be levied in any taxing district for any and all purposes. Any statutes existing at the time of the passage of these sections, in direct conflict therewith and not specifically repealed thereby, are repealed by implication.</p> <p>2. These sections of the General Code furnish the basis of calculation for the issue of bonds in anticipation of income from taxes levied or to be levied.</p> <p>3. Bonds cannot be issued in anticipation of income from taxes levied or to be levied in an amount greater than the income to be anticipated thereby.</p> <p>4. In determining the amount of income from taxes levied or to be levied that may be anticipated by an issue of bonds by any taxing authority, the calculation must be based on the same proportion of the total maximum levy in any one taxing district as the proportion of the maximum levy it is authorized to certify to the budget commissioners is to the total maximum levies that all the taxing authorities within that taxing district are authorized to certify.</p>