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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.