The Honorable Stephen J. Pronai
AGO 2019-22
No. 2019-022
Ohio Attorney General Opinions
Ohio Attorney General
July 2, 2019
The
Honorable Stephen J. Pronai
Madison
County Prosecuting Attorney
59
North Main Street
London,
Ohio 43140
SYLLABUS:
From
and after the withdrawal of a member subdivision from a joint
ambulance district established under R.C. 505.71, the
district shall continue to levy and to collect within the
area of that subdivision taxes previously imposed by the
district under R.C. 5705.19(B) for the payment of debt
charges on bonds, notes, and certificates of indebtedness
incurred by the district during the membership of the
withdrawing subdivision. In addition, the continuing taxing
authority involves fixed charges incident to continuing
contracts or leases which are included in the appropriation
for the next year as is provided under R.C. 5705.41(D)(1),
and such taxes as are necessary to pay off all such
obligations. R.C. 505.71, however, imposes no further or
additional continuing obligation upon the withdrawing
subdivision to contribute any share or portion of the future
operating expenses of the district, including charges for
salaries and compensation, supplies, and utilities, or
charges under continuing contracts or leases, with the
exception of the portion of such continuing obligations which
constitute “fixed charges” under R.C. 5705.44.
Dear
Prosecutor Pronai:
You
have requested our opinion about the responsibility a city
which has withdrawn from a joint ambulance district formed
under R.C. 505.71 may have, after such withdrawal, to pay a
portion of the obligations of the district incurred prior to
the city’s withdrawal. We presume that the Madison
County Emergency Medical District is a joint ambulance
district created under R.C. 505.71, as indicated in 2018 Op.
Att’y Gen. No. 2018-026, at 2-233 n.2. You advise us
that, in 2018, the City of London, then a member of the
district, adopted a resolution effecting its withdrawal from
the district. As is provided in R.C. 505.71, the city’s
resolution of withdrawal, therefore, could not become
effective earlier than January 1, 2019.
R.C.
505.71 authorizes townships and municipal corporations to
“create a joint ambulance district comprising the
municipal corporations and all or any portions of the
townships as are mutually agreed upon.” R.C. 505.71.
The section indicates further that “[t]o provide the
services and equipment it considers necessary for the
district, the board may levy taxes, subject to Chapter 5705
of the Revised Code, and issue bonds and other evidences of
indebtedness, subject to Chapter 133 of the Revised Code,
after submitting the question of such issuance to the
electors of the district in the manner provided by Chapter
133.” The district is empowered to “purchase,
lease, lease with an option to purchase, construct, maintain,
and use all materials, equipment, vehicles, buildings, and
land necessary to perform its duties.” R.C. 505.71.
A
municipal corporation or township that has become a member of
an R.C. 505.71 district, “may withdraw from …
[the] district by the adoption of a resolution ordering
withdrawal,” which is to become effective no earlier
than “the first day of January of the year following
the adoption of the resolution of...
