As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  H. B. No. 417  5            

      1999-2000                                                    6            


   REPRESENTATIVES O'BRIEN-WINKLER-SCHULER-BATEMAN-CALLENDER-      8            

                     CORBIN-HARTNETT-PATTON                        9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 511.18, 511.19, 511.20, 511.21,     12           

                511.22, 511.23, 511.234, 511.241, 511.27, 511.37,  13           

                and 755.16, to enact new section 511.25 and        15           

                section 511.30, and to repeal section 511.25 of                 

                the Revised Code to revise the Township Park       16           

                District Law.                                      17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 511.18, 511.19, 511.20, 511.21,    21           

511.22, 511.23, 511.234, 511.241, 511.27, 511.37, and 755.16 be    22           

amended and new section 511.25 and section 511.30 of the Revised   24           

Code be enacted to read as follows:                                25           

      Sec. 511.18.  (A)  When any number of electors in a          34           

township, including the electors of all municipal corporations     35           

therein IN THE TOWNSHIP, equal to or exceeding one-tenth of the    36           

total vote cast in such THE township at the most recent general    38           

election, files a petition with the board of township trustees     39           

for proceedings to organize a park district and to establish one   40           

or more free public parks within such THE township, the board      41           

shall certify such THAT fact to the court of common pleas of the   43           

county, which court, or a judge of the court, shall appoint a      44           

board of park commissioners for the township.  However, if an      46           

entire park district is contained within the unincorporated area   47           

of the township, the board of township trustees, instead of the    48           

court of common pleas of the county, shall, regardless of when     49           

the park district was established, appoint the board of park       50           

                                                          2      


                                                                 
commissioners, unless the board of township trustees, by           51           

unanimous vote, adopts a resolution authorizing the court of       52           

common pleas to appoint the board of park commissioners.  If FOR   53           

PURPOSES OF THIS DIVISION, AN ENTIRE PARK DISTRICT SHALL BE        54           

CONSIDERED TO BE CONTAINED WITHIN THE UNINCORPORATED AREA OF THE   55           

TOWNSHIP IF THE ELECTORS OF THE UNINCORPORATED AREA WOULD BE THE   56           

ONLY PERSONS ENTITLED TO VOTE ON A TAX LEVY SUBMITTED UNDER                     

DIVISION (B) OF SECTION 511.27 OF THE REVISED CODE, REGARDLESS OF  57           

WHERE REAL PROPERTY OWNED BY THE DISTRICT IS LOCATED.              58           

      IF the board of township trustees adopts such a resolution   61           

DESCRIBED IN THIS DIVISION, the court, or a judge of the court,    62           

shall appoint the board of park commissioners.  If, at any time    63           

after the adoption of such a THAT resolution, the board of         65           

township trustees wishes to rescind the resolution and again       66           

assume the authority provided under this section DIVISION to       67           

appoint the board of park commissioners, it may adopt a            69           

resolution, by unanimous vote, rescinding the previous resolution  70           

and its authorization for the court of common pleas to appoint     71           

the board of park commissioners.  After the adoption of such a     72           

RESCINDING resolution, the board of township trustees shall        73           

appoint the board of park commissioners.                                        

      (B)(1)  The boundaries of a township park district,          75           

regardless REGARDLESS of when the A TOWNSHIP park district was     77           

established, shall be coterminous with AT LEAST SEVENTY-FIVE PER   78           

CENT OF THE ACREAGE OWNED BY A TOWNSHIP PARK DISTRICT SHALL BE     79           

LOCATED WITHIN the boundaries of the township, unless the          80           

township has ceased to exist since the establishment of the park   81           

district, and OR except as provided in division (B)(2) of this     82           

section.                                                           83           

      (2)  When a municipal corporation is located within the      85           

boundaries of a township where a township park district has been   86           

established and the district owns park land within the municipal   87           

corporation, any change in the boundaries of the township shall    88           

have no effect on the boundaries of the township park district.    89           

                                                          3      


                                                                 
      Sec. 511.19.  (A)  Except as provided in division (B) of     99           

this section, the board of park commissioners shall consist of     100          

three suitable resident freeholders ELECTORS.  The freeholders     102          

ELECTORS may be residents of the township or of any municipal      103          

corporation which THAT is located within the township, which THAT  104          

was within the township at the time that the park district was     106          

established, or the boundaries of which are coterminous with or    107          

include the township. One of the commissioners shall serve for     108          

one year, one OF THE COMMISSIONERS SHALL SERVE for two years, and  110          

one OF THE COMMISSIONERS SHALL SERVE for three years, from the     111          

second Monday of May succeeding the appointment, and thereafter    112          

one commissioner shall be appointed annually to serve for three    113          

years.  The court of common pleas, or the board of township        114          

trustees if the board of park commissioners is appointed by the    115          

board of township trustees, shall fill any vacancy which THAT      116          

occurs in the board by death, resignation, or otherwise, by        117          

appointment for the unexpired term.                                118          

      (B)  If a board of park commissioners is appointed by the    120          

board of township trustees, the board of township trustees may     121          

appoint a five-member board of park commissioners in lieu of the   122          

three-member board provided for in division (A) of this section.   123          

Except as provided in this division for the conversion of a        124          

three-member board, members of a five-member board of park         125          

commissioners shall serve a one-year term THREE-YEAR TERMS.  OF    126          

THE INITIAL APPOINTEES, TWO SHALL SERVE ONE-YEAR TERMS, TWO SHALL  127          

SERVE TWO-YEAR TERMS, AND ONE SHALL SERVE A THREE-YEAR TERM.       128          

THEREAFTER, TERMS OF OFFICE FOR SUCCESSIVE APPOINTEES SHALL BE     129          

FOR THREE YEARS.  All terms shall commence on the second Monday    130          

of May succeeding appointment. Qualifications for members and      131          

filling of vacancies on five-member boards shall be the same as    132          

provided in division (A) of this section for three-member boards.  133          

      (C)  A board of township trustees may, by resolution, MAY    136          

convert a three-member board of park commissioners that THE BOARD  137          

OF TOWNSHIP TRUSTEES has been appointed by them to a five-member   139          

                                                          4      


                                                                 
board of park commissioners.  The conversion shall be effective    140          

from the second Monday of May succeeding the adoption of the       141          

resolution.  If a three-member board is converted, any member of   142          

the three-member board whose term had not expired on the date of   143          

conversion shall serve as one of the five members of the new       144          

board until the expiration date of his THAT MEMBER'S term.         145          

      (D)  A BOARD OF TOWNSHIP TRUSTEES, BY RESOLUTION, MAY        147          

CONVERT INTO A THREE-MEMBER BOARD OF PARK COMMISSIONERS A          148          

FIVE-MEMBER BOARD OF PARK COMMISSIONERS THAT THE BOARD OF          149          

TOWNSHIP TRUSTEES HAS APPOINTED.  UPON THE EXPIRATION OF THE       150          

TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF    151          

MAY THAT IMMEDIATELY FOLLOWS THE DATE OF THE RESOLUTION'S          153          

ADOPTION, THE BOARD OF TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK    154          

COMMISSIONER TO A THREE-YEAR TERM.  UPON THE EXPIRATION OF THE     155          

TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF    156          

MAY IN EACH OF THE IMMEDIATELY FOLLOWING TWO YEARS, THE BOARD OF   158          

TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK COMMISSIONER TO A         159          

THREE-YEAR TERM.  DURING THE TRANSITION PERIOD FROM A FIVE-MEMBER  160          

BOARD TO A THREE-MEMBER BOARD, ANY MEMBER OF THE FIVE-MEMBER       161          

BOARD WHOSE TERM HAS NOT YET EXPIRED SHALL CONTINUE TO SERVE AS A  162          

MEMBER UNTIL THAT MEMBER'S TERM EXPIRES.                           163          

      Sec. 511.20.  The PRIOR TO THE SUBMISSION TO THE ELECTORS    172          

OF THE QUESTION OF WHETHER ONE OR MORE PUBLIC PARKS ARE TO BE      173          

ESTABLISHED AS PROVIDED IN SECTION 511.21 OF THE REVISED CODE,     174          

THE board of park commissioners shall call to its assistance one   175          

or more skilled landscape architects, and, if desired, other       176          

expert advice, as to suitable places for the location of one or    177          

more free public parks.  Such THE board of park commissioners      178          

shall make a written report to the board of township trustees of   180          

its findings and recommendations, with an estimate of the cost of  181          

the land recommended for park purposes.  Before filing such THE    182          

report, the board of park commissioners may, for park purposes,    183          

MAY take options and receive bids from owners of land.             185          

      Sec. 511.21.  Upon the filing of the report of the board of  194          

                                                          5      


                                                                 
park commissioners as provided by section 511.20 of the Revised    195          

Code, the board of township trustees shall direct the township     196          

clerk to give thirty days' notice, by posting in five public       197          

places in the township, and by publication in one or more          199          

newspapers of general circulation therein IN THE TOWNSHIP, that    200          

an election will be held at the next general election to           201          

determine whether one or more free public parks are to be          203          

established within the township, and the estimated cost of the                  

land recommended for that purpose.                                 204          

      Sec. 511.22.  The board of township trustees shall direct    213          

the township clerk to file a written notice with the board of      215          

elections, not later than four p.m. of the seventy-fifth day       217          

before the day of the election, WITH THE BOARD OF ELECTIONS        218          

having charge of the preparation of official ballots, that an      219          

election will be held as provided by IN section 511.21 of the      220          

Revised Code, and that the following shall be printed on the       222          

ballot:                                                                         

         "YES           SHALL A FREE PUBLIC PARK                   225          

          NO            OR PUBLIC PARKS BE ESTABLISHED IN          227          

                        .....(NAME)..... TOWNSHIP?"                229          

      If a majority of the votes is in favor of the proposition,   232          

such a park or parks shall be established for the township.  If a  234          

majority of the votes cast is against the proposition, the board   235          

of park commissioners shall be abolished, and the board of         236          

township trustees shall provide for and pay all the proper         237          

expenses incurred by it.                                                        

      Sec. 511.23.  (A)  When the vote under section 511.21        246          

511.22 of the Revised Code is in favor of establishing one or      248          

more free public parks, the board of park commissioners shall      249          

constitute a board, to be called the board of park commissioners   250          

of that township park district, and they shall be a body politic   251          

and corporate.  Their office is not a township office within the   252          

meaning of section 703.22 of the Revised Code but is an office of  253          

the township park district.  The members of the board shall serve  254          

                                                          6      


                                                                 
without compensation but shall be allowed their actual and         255          

necessary expenses incurred in the performance of their duties.    256          

      (B)  The board may locate, establish, improve, maintain,     258          

and operate a free public park or parks within the township, or,   260          

if the township park district contains any incorporated            261          

territory, without the township IN ACCORDANCE WITH DIVISION        263          

(B)(1) OF SECTION 511.18 OF THE REVISED CODE, with or without                   

recreational facilities.  Any township park district that          264          

contains only unincorporated territory and that operated a free    265          

public park or parks outside the township immediately prior to     266          

July 18, 1990, may continue to improve, maintain, and operate      267          

these parks outside the township, but FURTHER ACQUISITIONS OF      268          

LAND shall not expand a park or establish any new park outside     270          

the township AFFECT THE BOUNDARIES OF THE PARK DISTRICT ITSELF OR  271          

THE APPOINTING AUTHORITY FOR THE BOARD OF PARK COMMISSIONERS.      272          

      The board may LEASE, accept a conveyance of, or purchase     274          

SUITABLE LANDS for cash, by purchase by installment payments with  276          

or without a mortgage, by entering into LEASE OR lease-purchase    277          

agreements, OR by lease with option to purchase, or MAY acquire    279          

SUITABLE LANDS through an exchange under section 511.241 of the    281          

Revised Code, or MAY appropriate suitable lands and materials for  282          

such PARK DISTRICT purposes.  THE BOARD ALSO MAY LEASE FACILITIES  283          

FROM OTHER POLITICAL SUBDIVISIONS OR PRIVATE SOURCES.  The board   284          

shall have careful surveys and plats made of the lands acquired    285          

for such PARK DISTRICT purposes, and shall establish permanent     287          

monuments on the boundaries of the lands.  Such THOSE plats, when  288          

executed according to sections 711.01 to 711.38 of the Revised     289          

Code, shall be recorded in the office of the county recorder, and  290          

such THOSE records shall be admissible in evidence for the         291          

purpose of locating and ascertaining the true boundaries of the    292          

park or parks.                                                                  

      (C)  In furtherance of the use and enjoyment of the lands    294          

controlled by it, the board may accept donations of money or       295          

other property, or may act as trustees of land, money, or other    296          

                                                          7      


                                                                 
property, and MAY use and administer the same LAND, MONEY, OR      297          

OTHER PROPERTY as stipulated by the donor, or as provided in the   299          

trust agreement.  The terms of each such donation or trust shall   300          

first be approved by the court of common pleas of the county, or   301          

by the board of township trustees if the board of park             302          

commissioners is appointed by the board of township trustees,      303          

before acceptance by the board of park commissioners, but such     304          

approval is not required for agreements made pursuant to section   305          

755.16 of the Revised Code.                                                     

      The board may receive and expend grants for park purposes    307          

from agencies and instrumentalities of the United States and this  308          

state, and may enter into contracts or agreements with such THOSE  310          

agencies and instrumentalities to carry out the purposes for                    

which such THE grants were furnished.                              311          

      (D)  In exercising any powers conferred upon the board       313          

under divisions (B) and (C) of this section, and for other types   314          

of assistance which THAT the board finds necessary in carrying     315          

out its duties, the board may hire and contract for professional,  316          

technical, consulting, and other special services, and may         317          

purchase goods and award contracts.  The procuring of goods and    318          

awarding of contracts shall be done in accordance with the         319          

procedures established for the board of county commissioners by    320          

sections 307.86 to 307.91 of the Revised Code.                     321          

      (E)  The board may appoint a superintendent AN EXECUTIVE     323          

for the park or parks and may designate him THE EXECUTIVE OR       325          

ANOTHER PERSON as the clerk of the board.  It may appoint all      328          

other necessary officers and employees, fix their compensation,    329          

and prescribe their duties, OR IT MAY REQUIRE THE EXECUTIVE TO     330          

APPOINT ALL OTHER NECESSARY OFFICERS AND EMPLOYEES, AND TO FIX                  

THEIR COMPENSATION AND PRESCRIBE THEIR DUTIES, IN ACCORDANCE WITH  331          

GUIDELINES AND POLICIES ADOPTED BY THE BOARD.                      332          

      (F)  The board may adopt such bylaws and rules as THAT it    334          

considers advisable FOR THE FOLLOWING PURPOSES:                    335          

      (1)  To prohibit selling, giving away, or using any          337          

                                                          8      


                                                                 
intoxicating liquors in the park or parks;                         338          

      (2)  For the government and control of the park or parks     340          

and the operation of motor vehicles therein IN THE PARK OR PARKS;  342          

      (3)  To provide for the protection and preservation of all   344          

property and natural life within its jurisdiction;                 345          

      (4)  TO ESTABLISH PENALTIES, INCLUDING FINES IN AMOUNTS THE  347          

BOARD DETERMINES, FOR THE VIOLATION OF THE BYLAWS AND RULES.       348          

      Before such THE bylaws and rules take effect, the board      350          

shall provide for a notice of their adoption to be published once  351          

a week for two consecutive weeks in a newspaper of general         352          

circulation in the county within which the park district is        353          

located.                                                           354          

      No person shall violate any such OF THE bylaws or rules.     356          

FINES LEVIED AND COLLECTED FOR VIOLATIONS SHALL BE PAID INTO THE   357          

TREASURY OF THE TOWNSHIP PARK DISTRICT.  THE BOARD MAY USE MONEYS  358          

COLLECTED FROM THOSE FINES FOR ANY PURPOSE THAT IS NOT             359          

INCONSISTENT WITH SECTIONS 511.18 TO 511.37 OF THE REVISED CODE.   361          

      (G)  THE BOARD MAY DO EITHER OF THE FOLLOWING:               363          

      (1)  ESTABLISH AND CHARGE FEES FOR THE USE OF ANY            365          

FACILITIES AND SERVICES OF THE PARK OR PARKS REGARDLESS OF         366          

WHETHER THE PARK OR PARKS WERE ACQUIRED BEFORE, ON, OR AFTER THE   367          

EFFECTIVE DATE OF THIS AMENDMENT;                                  368          

      (2)  ENTER INTO A LEASE AGREEMENT WITH AN INDIVIDUAL OR      370          

ORGANIZATION THAT PROVIDES FOR THE EXCLUSIVE USE OF A SPECIFIED    371          

PORTION OF THE PARK OR PARKS WITHIN THE TOWNSHIP PARK DISTRICT BY  372          

THAT INDIVIDUAL OR ORGANIZATION FOR THE DURATION OF AN EVENT       374          

PRODUCED BY THE INDIVIDUAL OR ORGANIZATION.  THE BOARD, FOR THE                 

SPECIFIC PORTION OF THE PARK OF PARKS COVERED BY THE LEASE         375          

AGREEMENT, MAY CHARGE A FEE TO, OR PERMIT THE INDIVIDUAL OR        376          

ORGANIZATION TO CHARGE A FEE TO, PARTICIPANTS IN AND SPECTATORS    377          

AT THE EVENT COVERED BY THE AGREEMENT.                                          

      (H)  IF THE BOARD FINDS THAT REAL OR PERSONAL PROPERTY       379          

OWNED BY THE TOWNSHIP PARK DISTRICT IS NOT CURRENTLY NEEDED FOR    380          

PARK PURPOSES, THE BOARD MAY LEASE THAT PROPERTY TO OTHER PERSONS  382          

                                                          9      


                                                                 
OR ORGANIZATIONS DURING ANY PERIOD OF TIME THE BOARD DETERMINES    383          

THE PROPERTY WILL NOT BE NEEDED.  IF THE BOARD FINDS THAT          384          

COMPETITIVE BIDDING ON A LEASE IS NOT FEASIBLE, IT MAY LEASE THE                

PROPERTY WITHOUT TAKING BIDS.                                      385          

      (I)  THE BOARD MAY EXCHANGE PROPERTY OWNED BY THE TOWNSHIP   387          

PARK DISTRICT FOR PROPERTY OWNED BY THE STATE, ANOTHER POLITICAL   389          

SUBDIVISION, OR THE FEDERAL GOVERNMENT ON TERMS THAT IT CONSIDERS  390          

DESIRABLE, WITHOUT THE NECESSITY OF COMPETITIVE BIDDING.           391          

      (J)  Any such rights or duties ESTABLISHED UNDER THIS        393          

SECTION may be modified, shared, or assigned by an agreement       395          

pursuant to section 755.16 of the Revised Code.                    396          

      Sec. 511.234.  (A)  The board of park commissioners of a     405          

township park district may authorize an officer, employee, or      406          

appointee of the board to use a credit card held by the board to   407          

pay for expenses related to park district business.  The debt      408          

incurred as a result of the use of a credit card under this        409          

section shall be no more than seven hundred fifty dollars a month  410          

and shall be paid from township park district funds.               411          

      (B)  No officer, employee, or appointee of a board of park   413          

commissioners who is authorized to use a credit card held by the   414          

board shall use it to incur any unauthorized debt against the      415          

park district's credit.                                            416          

      (C)  Whoever violates division (B) of this section is        418          

guilty of one of the following:                                    419          

      (1)  A misdemeanor of the first degree if the amount of the  421          

unauthorized debt is no more than one hundred fifty dollars;       422          

      (2)  A felony of the fourth degree if the amount of the      424          

unauthorized debt exceeds one hundred fifty dollars.               425          

      (D)  An officer, employee, or appointee may, in a civil      427          

action, MAY be found personally liable to the township park        428          

district for his THE OFFICER'S, EMPLOYEE'S, OR APPOINTEE'S         430          

unauthorized use of the township park district credit card.        432          

      (E)  Whenever any officer, employee, or appointee            434          

authorized to use a credit card held by the board of park          435          

                                                          10     


                                                                 
commissioners suspects the loss, theft, or possibility of another  436          

person's unauthorized use of the credit card he THAT THE OFFICER,  437          

EMPLOYEE, OR APPOINTEE is authorized to use, he THE OFFICER,       439          

EMPLOYEE, OR APPOINTEE shall so notify the board of park           440          

commissioners immediately in writing.  The officer, employee, or   441          

appointee may be held personally liable for unauthorized debt      442          

resulting from such THE loss, theft, or unauthorized use, in the   443          

amount of fifty dollars or the amount charged to the credit card   445          

as a result of the loss, theft, or unauthorized use, whichever is  446          

less.                                                                           

      Sec. 511.241.  The board of park commissioners may acquire   455          

lands for use by the township park district through an exchange    456          

of real property whereby IN WHICH the board of park commissioners  458          

leases or conveys to the township all or part of the lands         459          

located within the township to which the township park district    460          

holds title, in exchange for the lease or conveyance of township   461          

land from the board of township trustees to the board of park      462          

commissioners.  The board of park commissioners and board of       463          

township trustees shall use the lands so exchanged for only park   464          

purposes  BEFORE ANY SUCH EXCHANGE BECOMES EFFECTIVE, THE COUNTY   465          

AUDITOR SHALL CERTIFY IN WRITING TO THE BOARD OF TOWNSHIP          466          

TRUSTEES AND THE BOARD OF PARK COMMISSIONERS THAT THE CURRENT      467          

MARKET VALUE OF THE LAND THAT THE BOARD OF PARK COMMISSIONERS      468          

WILL RECEIVE IS AT LEAST EQUAL TO THE CURRENT MARKET VALUE OF THE  469          

LAND THAT THE BOARD OF TOWNSHIP TRUSTEES WILL RECEIVE.  The        470          

exchange may include any other terms agreed to between the board   471          

of park commissioners and the board of township trustees not       472          

otherwise prohibited by law.  This section does not authorize      473          

exchanges by a board of township trustees that are otherwise       474          

prohibited by law.  Section 511.25 of the Revised Code does not    475          

apply to exchanges authorized by this section.                                  

      Sec. 511.25.  IF THE BOARD OF PARK COMMISSIONERS OF A        478          

TOWNSHIP PARK DISTRICT FINDS THAT ANY LANDS THAT THE BOARD HAS                  

ACQUIRED ARE NOT NECESSARY FOR THE PURPOSES FOR WHICH THEY WERE    479          

                                                          11     


                                                                 
ACQUIRED, IT MAY SELL AND DISPOSE OF THOSE LANDS UPON TERMS THAT   481          

THE BOARD CONSIDERS ADVISABLE AND MAY REJECT ANY PURCHASE BID                   

RECEIVED UNDER THIS SECTION THAT THE BOARD DETERMINES DOES NOT     482          

MEET ITS TERMS FOR SALE.                                           483          

      EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO LANDS       485          

SHALL BE SOLD WITHOUT FIRST GIVING NOTICE OF THE BOARD'S           486          

INTENTION TO SELL THE LANDS BY PUBLICATION ONCE A WEEK FOR FOUR    487          

CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE     488          

TOWNSHIP.  THE NOTICE SHALL CONTAIN AN ACCURATE DESCRIPTION OF     489          

THE LANDS BEING OFFERED FOR SALE AND SHALL STATE THE TIME AND      490          

PLACE AT WHICH SEALED BIDS FOR THE LANDS WILL BE RECEIVED.  IF     491          

THE BOARD REJECTS ALL OF THE PURCHASE BIDS, IT MAY REOFFER THE     492          

LANDS FOR SALE IN ACCORDANCE WITH THIS SECTION.                    493          

      THE BOARD ALSO MAY SELL PARK LANDS NOT NECESSARY FOR         496          

DISTRICT PURPOSES TO ANOTHER POLITICAL SUBDIVISION, THE STATE, OR  497          

THE FEDERAL GOVERNMENT WITHOUT GIVING THE NOTICES OR TAKING BIDS   498          

AS OTHERWISE REQUIRED BY THIS SECTION.                             499          

      NO LANDS ACQUIRED BY A TOWNSHIP PARK DISTRICT MAY BE SOLD    501          

WITHOUT THE APPROVAL OF THE COURT OF COMMON PLEAS OF THE COUNTY    502          

IN WHICH THE PARK DISTRICT IS LOCATED, IF THE COURT APPOINTED THE  504          

BOARD UNDER SECTION 511.18 OF THE REVISED CODE, OR THE APPROVAL    506          

OF THE BOARD OF TOWNSHIP TRUSTEES, IF THE BOARD OF TOWNSHIP        507          

TRUSTEES APPOINTED THE BOARD OF PARK COMMISSIONERS UNDER SECTION   510          

511.18 OF THE REVISED CODE.                                        512          

      Sec. 511.27.  (A)  To defray the expenses of the township    521          

park district and for the purchasing, appropriating, operating,    522          

maintaining, and improving lands for parks or recreational         523          

purposes, the township board of park commissioners may levy a      524          

sufficient tax within the ten-mill limitation, not to exceed one   525          

mill on each dollar of valuation on all real and personal          526          

property within the township, and on all real and personal         527          

property within any municipal corporation which THAT is within     528          

the township, or which THAT was within the township at the time    530          

that the park district was established, or the boundaries of       532          

                                                          12     


                                                                 
which are coterminous with or include the township.  Such THE      533          

levy shall be over and above all other taxes and limitations on    535          

such property authorized by law.                                   536          

      (B)  Except as otherwise provided in division (C) of this    538          

section, the township board of park commissioners may, not less    539          

than seventy-five days before the day of the election, MAY         541          

declare by resolution that the amount of taxes which THAT may be   543          

raised within the ten-mill limitation will be insufficient to      544          

provide an adequate amount for the necessary requirements of the   545          

district and that it is necessary to levy a tax in excess of such  546          

THAT limitation for the use of the district.  The resolution       547          

shall specify the purpose for which the taxes shall be used, the   548          

annual rate proposed, and the number of consecutive years the      549          

levy will be in effect.  Upon the adoption of the resolution, the  550          

question of levying the taxes shall be submitted to the electors   551          

of the township and the electors of any municipal corporation      552          

which THAT is within the township, or which THAT was within the    554          

township at the time that the park district was established, or    556          

the boundaries of which are coterminous with or include the        557          

township, at a special election to be held on whichever of the     559          

following occurs first:                                                         

      (1)  The day of the next ensuing general election;           561          

      (2)  The first Tuesday after the first Monday in May of any  564          

calendar year, except that, if a presidential primary election is  565          

held in that calendar year, then the day of that election.  The    566          

      THE rate submitted to the electors at any one time ELECTION  569          

shall not exceed two mills annually upon each dollar of            570          

valuation.  If a majority of the electors voting upon the          571          

question of the levy vote in favor thereof OF THE LEVY, the tax    572          

shall be levied on all real and personal property within the       574          

township and on all real and personal property within any          575          

municipal corporation which THAT is within the township, or which  576          

THAT was within the township at the time that the park district    578          

was established, or the boundaries of which are coterminous with   579          

                                                          13     


                                                                 
or include the township, and such THE levy shall be over and       581          

above all other taxes and limitations on such property authorized  582          

by law.                                                                         

      (C)  In any township park district that contains only        584          

unincorporated territory and where, IF the township board of park  586          

commissioners is appointed by the board of township trustees,      587          

before a tax can be levied and certified to the county auditor     588          

pursuant to section 5705.34 of the Revised Code or before a        589          

resolution for a tax levy can be certified to the board of         590          

elections pursuant to section 511.28 of the Revised Code, the      591          

township board of park commissioners shall receive approval for    592          

its levy request from the board of township trustees.  The         593          

township board of park commissioners shall adopt a resolution      594          

requesting the board of township trustees to approve the levy      595          

request, stating the annual rate of the proposed levy and the      596          

reason for the levy request.  On receiving this request, the       597          

board of township trustees shall vote on whether to approve the    598          

request, and, if a majority votes to approve it, shall issue a     599          

resolution approving such a THE levy at the requested rate.        600          

      Sec. 511.30.  (A)  IN ADDITION TO ANY POWER GRANTED TO       603          

TOWNSHIP PARK DISTRICTS TO ISSUE SECURITIES UNDER OTHER            604          

PROVISIONS OF THE REVISED CODE, A TOWNSHIP PARK DISTRICT MAY       607          

ISSUE REVENUE SECURITIES AS AUTHORIZED IN THIS SECTION.  FOR                    

PURPOSES OF THIS SECTION, "SECURITIES" HAS THE SAME MEANING AS IN  609          

DIVISION (KK) OF SECTION 133.01 OF THE REVISED CODE.               611          

      (B)  A TOWNSHIP PARK DISTRICT MAY ISSUE REVENUE SECURITIES   614          

TO FUND OR REFUND REVENUE SECURITIES PREVIOUSLY ISSUED, OR TO      615          

RAISE MONEY TO PAY FOR AND IMPROVE PARKS OR RECREATIONAL           616          

FACILITIES.                                                        617          

      (C)  A TOWNSHIP PARK DISTRICT SHALL ESTABLISH RATES,         620          

CHARGES, OR RENTS FOR THE USE, AVAILABILITY, OR RENTAL OF THE      621          

FACILITIES TO WHICH THE FINANCING RELATES, WHICH RATES, CHARGES,   622          

OR RENTS SHALL BE DESIGNED TO PROVIDE REVENUES TO THE PARK         623          

DISTRICT SUFFICIENT TO PAY THE COSTS OF ALL CURRENT EXPENSES OF    624          

                                                          14     


                                                                 
THE FACILITIES PAYABLE BY THE PARK DISTRICT, TO PAY THE DEBT       625          

CHARGES ON THE SECURITIES, AND TO ESTABLISH AND MAINTAIN ANY       626          

CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES    627          

OR THE FACILITIES.                                                 628          

      (D)  REVENUE SECURITIES ISSUED UNDER THIS SECTION SHALL NOT  631          

BE GENERAL OBLIGATIONS OF THE TOWNSHIP PARK DISTRICT.  THE         632          

REVENUE SECURITIES SHALL BE SECURED ONLY BY A PLEDGE OF AND LIEN   634          

UPON THE REVENUES OF THE PARK DISTRICT DERIVED FROM ITS OWNERSHIP  635          

OR OPERATION OF THE FACILITIES, INCLUDING THE RATES, CHARGES, OR   636          

RENTS REFERRED TO IN DIVISION (C) OF THIS SECTION AND ANY          637          

INTEREST SUBSIDIES OR DEBT CHARGES, GRANTS, OR OTHER PAYMENTS BY   638          

FEDERAL OR STATE AGENCIES AVAILABLE FOR THIS PURPOSE, AND THE      639          

COVENANTS OF THE PARK DISTRICT TO MAINTAIN SUFFICIENT RATES,       640          

CHARGES, AND RENTS TO PRODUCE REVENUES SUFFICIENT TO PAY ALL       641          

CURRENT EXPENSES OF THE FACILITIES PAYABLE BY THE PARK DISTRICT,   642          

TO PAY THE DEBT CHARGES ON THE SECURITIES, AND TO ESTABLISH AND    644          

MAINTAIN ANY CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE  645          

SECURITIES OR THE FACILITIES, AND, IF THE SECURITIES ARE                        

ANTICIPATORY SECURITIES, TO ISSUE THE REVENUE SECURITIES IN        646          

ANTICIPATION OF THE ISSUANCE OF WHICH THE SECURITIES ARE ISSUED.   648          

REVENUE SECURITIES ALSO MAY BE SECURED BY A PLEDGE OF AND LIEN ON  649          

THE PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR REFUND THOSE      650          

REVENUE SECURITIES.                                                             

      (E)  THE TOWNSHIP PARK DISTRICT OFFICERS AUTHORIZED BY THE   653          

BOARD OF PARK COMMISSIONERS SHALL EXECUTE THE NECESSARY            654          

DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, TRUST AGREEMENTS AND     655          

LEASES, TO PROVIDE FOR THE PLEDGE, PROTECTION, AND DISPOSITION OF  656          

THE PLEDGED REVENUES FROM WHICH DEBT CHARGES AND ANY SPECIAL FUND  657          

DEPOSITS ARE TO BE PAID.                                           658          

      (F)  AS LONG AS ANY OF THESE REVENUE SECURITIES, IN EITHER   661          

ORIGINAL OR REFUNDED FORM, REMAIN OUTSTANDING, EXCEPT AS           662          

OTHERWISE PROVIDED IN THE DOCUMENTS REFERRED TO IN DIVISION (E)    663          

OF THIS SECTION, ALL PARTS OF THE FACILITIES THE REVENUES FROM     664          

WHICH ARE PLEDGED SHALL REMAIN UNDER THE CONTROL OF THE BOARD OF   666          

                                                          15     


                                                                 
PARK COMMISSIONERS, WHETHER ANY PARTS OF THE FACILITIES ARE                     

LEASED TO OR OPERATED BY OTHERS OR ARE IN OR THEREAFTER COME       667          

WITHIN THE BOUNDARIES OF ANY MUNICIPAL CORPORATION, AND THE        668          

FACILITIES SHALL REMAIN SUBJECT TO THE POWER AND DUTY OF THE       669          

BOARD OF PARK COMMISSIONERS TO FIX AND COLLECT RATES, CHARGES, OR  671          

RENTS FOR THE USE OF FACILITIES.                                                

      (G)  SECTIONS 9.98 TO 9.983 OF THE REVISED CODE APPLY TO     675          

REVENUE SECURITIES ISSUED UNDER THIS SECTION.                      676          

      (H)  REVENUE SECURITIES ISSUED UNDER THIS SECTION, THEIR     679          

TRANSFER, AND ANY INCOME FROM THEM, INCLUDING ANY PROFIT MADE ON   680          

THEIR SALE, SHALL AT ALL TIMES BE FREE FROM TAXATION WITHIN THE    681          

STATE.                                                             682          

      (I)  THE APPOINTING AUTHORITY OF THE BOARD OF PARK           684          

COMMISSIONERS OF ANY TOWNSHIP PARK DISTRICT THAT PROPOSES TO       685          

ISSUE REVENUE SECURITIES UNDER THIS SECTION SHALL APPROVE THAT     686          

PROPOSAL BY RESOLUTION BEFORE THE PARK DISTRICT ISSUES THE         687          

REVENUE SECURITIES.                                                             

      Sec. 511.37.  The board of township trustees of any          696          

township may make contributions of moneys, LANDS, supplies,        697          

equipment, office facilities, and other personal property or       699          

services to any board of park commissioners OF A PARK DISTRICT     700          

THAT IS established pursuant to SECTION 511.18 OR Chapter 1545.    702          

of the Revised Code AND WHOSE TERRITORY OVERLAPS THE TERRITORY OF  703          

THE TOWNSHIP IN WHOLE OR IN PART, for the expenses PURPOSES of     705          

park planning, acquisition, management, and improvement.  The      706          

board of park commissioners may accept such THE contributions      707          

without the approval of the terms by the probate judge APPOINTING  709          

AUTHORITY, IF APPLICABLE.                                          710          

      Any moneys contributed by the board of township trustees     712          

for such THOSE purposes shall be drawn from the general fund in    713          

the township treasury not otherwise appropriated.  The board of    715          

township trustees may anticipate the contributions of moneys for   716          

such THOSE purposes and enter the amount of such THE               718          

contributions in its annual statement to the county budget         719          

                                                          16     


                                                                 
commission for inclusion in the budget upon which rates of         720          

taxation are based.                                                             

      Sec. 755.16.  (A)  Any municipal corporation, township,      729          

township park district, county, or school district, jointly with   730          

any one or more other municipal corporations, townships, township  731          

park districts, counties, or school districts, in any              732          

combination, and a joint recreation district, may acquire          733          

property for, construct, operate, and maintain any parks,          734          

playgrounds, playfields, gymnasiums, public baths, swimming        736          

pools,, indoor recreation centers, or community centers, and any                

school district may provide by the erection of any school          737          

building or school premises, or BY the enlargement OF, addition    738          

thereto TO, or reconstruction or improvement thereof OF ANY        740          

SCHOOL BUILDING OR SCHOOL PREMISES, for the inclusion of any such  741          

parks, recreational facilities, and community centers to be        742          

jointly acquired, operated, and maintained.  Any municipal         743          

corporation, township, township park district, county, or school   744          

district, jointly with any one or more other municipal             745          

corporations, townships, township park districts, counties, or     746          

school districts, in any combination, and a joint recreation       747          

district, may equip, operate, and maintain such parks,             748          

recreational facilities, and community centers and may             749          

appropriate money therefor FOR THEM.                                            

      Any municipal corporation, township, township park           751          

district, county, or school district agreeing to jointly acquire,  752          

construct, operate, or maintain parks, recreational facilities,    753          

and community centers pursuant to this section may contribute      754          

such lands, money, other personal property, or services to the     755          

joint venture, as may be agreed upon.  Any agreement shall         756          

specify the rights of the parties in any lands or personal         757          

property contributed.                                              758          

      Any lands acquired by a township park district pursuant to   760          

Chapter 511. of the Revised Code and established as a free public  761          

park or parks may be contributed to a joint venture authorized by  762          

                                                          17     


                                                                 
this section, but shall remain free and open for public use,       763          

except that fees.  FEES may be charged in connection with the use  765          

of any recreational facilities and community centers that may be   766          

constructed thereon ON THOSE LANDS.                                767          

      (B)  Any township may, jointly with a private land owner,    769          

construct, operate, equip, and maintain free public playgrounds    770          

and playfields.  Any equipment provided by a township pursuant to  771          

this division shall remain township property and shall be used     772          

subject to a right of removal by the township.                     773          

      (C)  As used in this section and in sections 755.17 and      775          

755.18 of the Revised Code, "community centers" means facilities   776          

characterized by all of the following:                             777          

      (1)  They are acquired, constructed, operated, or            779          

maintained by political subdivisions, school districts, or a       780          

joint recreation district pursuant to division (A) of this         781          

section;.                                                          782          

      (2)  They may be used for governmental, civic, or            784          

educational operations or recreational activities;.                785          

      (3)  They may be used only by the entities that acquire,     787          

construct, operate, or maintain them or by any other person upon   788          

terms and conditions determined by those entities.                 789          

      Section 2.  That existing sections 511.18, 511.19, 511.20,   791          

511.21, 511.22, 511.23, 511.234, 511.241, 511.27, 511.37, and      792          

755.16 and section 511.25 of the Revised Code are hereby           794          

repealed.                                                                       

      Section 3.  Any township park district with a five-member    797          

board of park commissioners on the effective date of this act      798          

shall be succeeded by a board serving staggered terms of office.   799          

Of the appointees whose terms of office commence on the second     800          

Monday of May immediately after the effective date of this act,    801          

two shall serve one-year terms, two shall serve two-year terms,    802          

and one shall serve a three-year term.  Thereafter, terms of       803          

office for successive appointees shall be for three years, as      804          

provided in division (B) of section 511.19 of the Revised Code as  805          

                                                          18     


                                                                 
amended by this act.