As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 417 5
1999-2000 6
REPRESENTATIVES O'BRIEN-WINKLER-SCHULER-BATEMAN-CALLENDER- 8
CORBIN-HARTNETT-PATTON-HOOPS-EVANS-CLANCY-VERICH-LUEBBERS- 9
PETERSON-YOUNG-TIBERI-PERRY-STEVENS-BARNES-CATES-ASLANIDES 10
_________________________________________________________________ 11
A B I L L
To amend sections 511.18, 511.19, 511.20, 511.21, 13
511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 14
and 755.16, to enact new section 511.25 and 16
section 511.30, and to repeal section 511.25 of
the Revised Code to revise the Township Park 17
District Law and to provide for the conversion of 18
certain township park districts for a temporary 19
time period.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 511.18, 511.19, 511.20, 511.21, 23
511.22, 511.23, 511.234, 511.241, 511.27, 511.37, and 755.16 be 24
amended and new section 511.25 and section 511.30 of the Revised 26
Code be enacted to read as follows: 27
Sec. 511.18. (A) When any number of electors in a 36
township, including the electors of all municipal corporations 37
therein IN THE TOWNSHIP, equal to or exceeding one-tenth of the 38
total vote cast in such THE township at the most recent general 40
election, files a petition with the board of township trustees 41
for proceedings to organize a park district and to establish one 42
or more free public parks within such THE township, the board 43
shall certify such THAT fact to the court of common pleas of the 45
county, which court, or a judge of the court, shall appoint a 46
board of park commissioners for the township. However, if an 48
entire park district is contained within the unincorporated area 49
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of the township, the board of township trustees, instead of the 50
court of common pleas of the county, shall, regardless of when 51
the park district was established, appoint the board of park 52
commissioners, unless the board of township trustees, by 53
unanimous vote, adopts a resolution authorizing the court of 54
common pleas to appoint the board of park commissioners. If FOR 55
PURPOSES OF THIS DIVISION, AN ENTIRE PARK DISTRICT SHALL BE 56
CONSIDERED TO BE CONTAINED WITHIN THE UNINCORPORATED AREA OF THE 57
TOWNSHIP IF THE ELECTORS OF THE UNINCORPORATED AREA WOULD BE THE 58
ONLY PERSONS ENTITLED TO VOTE ON A TAX LEVY SUBMITTED UNDER
DIVISION (B) OF SECTION 511.27 OF THE REVISED CODE, REGARDLESS OF 59
WHERE REAL PROPERTY OWNED BY THE DISTRICT IS LOCATED. 60
IF the board of township trustees adopts such a resolution 63
DESCRIBED IN THIS DIVISION, the court, or a judge of the court, 64
shall appoint the board of park commissioners. If, at any time 65
after the adoption of such a THAT resolution, the board of 67
township trustees wishes to rescind the resolution and again 68
assume the authority provided under this section DIVISION to 69
appoint the board of park commissioners, it may adopt a 71
resolution, by unanimous vote, rescinding the previous resolution 72
and its authorization for the court of common pleas to appoint 73
the board of park commissioners. After the adoption of such a 74
RESCINDING resolution, the board of township trustees shall 75
appoint the board of park commissioners.
(B)(1) The boundaries of a township park district, 77
regardless REGARDLESS of when the A TOWNSHIP park district was 79
established, shall be coterminous with AT LEAST SEVENTY-FIVE PER 80
CENT OF THE ACREAGE OWNED BY A TOWNSHIP PARK DISTRICT SHALL BE 81
LOCATED WITHIN the boundaries of the township, unless the 82
township has ceased to exist since the establishment of the park 83
district, and except as provided in division (B)(2) of this 84
section. 85
(2) When a municipal corporation is located within the 87
boundaries of a township where a township park district has been 88
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established and the district owns park land within the municipal 89
corporation, any change in the boundaries of the township shall 90
have no effect on the boundaries of the township park district. 91
Sec. 511.19. (A) Except as provided in division (B) of 101
this section, the board of park commissioners shall consist of 102
three suitable resident freeholders ELECTORS. The freeholders 104
ELECTORS may be residents of the township or of any municipal 105
corporation which THAT is located within the township, which THAT 106
was within the township at the time that the park district was 108
established, or the boundaries of which are coterminous with or 109
include the township. One of the commissioners shall serve for 110
one year, one OF THE COMMISSIONERS SHALL SERVE for two years, and 112
one OF THE COMMISSIONERS SHALL SERVE for three years, from the 113
second Monday of May succeeding the appointment, and thereafter 114
one commissioner shall be appointed annually to serve for three 115
years. The court of common pleas, or the board of township 116
trustees if the board of park commissioners is appointed by the 117
board of township trustees, shall fill any vacancy which THAT 118
occurs in the board by death, resignation, or otherwise, by 119
appointment for the unexpired term. 120
(B) If a board of park commissioners is appointed by the 122
board of township trustees, the board of township trustees may 123
appoint a five-member board of park commissioners in lieu of the 124
three-member board provided for in division (A) of this section. 125
Except as provided in this division for the conversion of a 126
three-member board, members of a five-member board of park 127
commissioners shall serve a one-year term THREE-YEAR TERMS. OF 128
THE INITIAL APPOINTEES, TWO SHALL SERVE ONE-YEAR TERMS, TWO SHALL 129
SERVE TWO-YEAR TERMS, AND ONE SHALL SERVE A THREE-YEAR TERM. 130
THEREAFTER, TERMS OF OFFICE FOR SUCCESSIVE APPOINTEES SHALL BE 131
FOR THREE YEARS. All terms shall commence on the second Monday 132
of May succeeding appointment. Qualifications for members and 133
filling of vacancies on five-member boards shall be the same as 134
provided in division (A) of this section for three-member boards. 135
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(C) A board of township trustees may, by resolution, MAY 138
convert a three-member board of park commissioners that THE BOARD 139
OF TOWNSHIP TRUSTEES has been appointed by them to a five-member 141
board of park commissioners. The conversion shall be effective 142
from the second Monday of May succeeding the adoption of the 143
resolution. If a three-member board is converted, any member of 144
the three-member board whose term had not expired on the date of 145
conversion shall serve as one of the five members of the new 146
board until the expiration date of his THAT MEMBER'S term. 147
(D) A BOARD OF TOWNSHIP TRUSTEES, BY RESOLUTION, MAY 149
CONVERT INTO A THREE-MEMBER BOARD OF PARK COMMISSIONERS A 150
FIVE-MEMBER BOARD OF PARK COMMISSIONERS THAT THE BOARD OF 151
TOWNSHIP TRUSTEES HAS APPOINTED. UPON THE EXPIRATION OF THE 152
TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF 153
MAY THAT IMMEDIATELY FOLLOWS THE DATE OF THE RESOLUTION'S 155
ADOPTION, THE BOARD OF TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK 156
COMMISSIONER TO A THREE-YEAR TERM. UPON THE EXPIRATION OF THE 157
TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF 158
MAY IN EACH OF THE IMMEDIATELY FOLLOWING TWO YEARS, THE BOARD OF 160
TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK COMMISSIONER TO A 161
THREE-YEAR TERM. DURING THE TRANSITION PERIOD FROM A FIVE-MEMBER 162
BOARD TO A THREE-MEMBER BOARD, ANY MEMBER OF THE FIVE-MEMBER 163
BOARD WHOSE TERM HAS NOT YET EXPIRED SHALL CONTINUE TO SERVE AS A 164
MEMBER UNTIL THAT MEMBER'S TERM EXPIRES. 165
Sec. 511.20. The PRIOR TO THE SUBMISSION TO THE ELECTORS 174
OF THE QUESTION OF WHETHER ONE OR MORE PUBLIC PARKS ARE TO BE 175
ESTABLISHED AS PROVIDED IN SECTION 511.21 OF THE REVISED CODE, 176
THE board of park commissioners shall call to its assistance one 177
or more skilled landscape architects, and, if desired, other 178
expert advice, as to suitable places for the location of one or 179
more free public parks. Such THE board of park commissioners 180
shall make a written report to the board of township trustees of 182
its findings and recommendations, with an estimate of the cost of 183
the land recommended for park purposes. Before filing such THE 184
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report, the board of park commissioners may, for park purposes, 185
MAY take options and receive bids from owners of land. 187
Sec. 511.21. Upon the filing of the report of the board of 196
park commissioners as provided by section 511.20 of the Revised 197
Code, the board of township trustees shall direct the township 198
clerk to give thirty days' notice, by posting in five public 199
places in the township, and by publication in one or more 201
newspapers of general circulation therein IN THE TOWNSHIP, that 202
an election will be held at the next general election to 203
determine whether one or more free public parks are to be 205
established within the township, and the estimated cost of the
land recommended for that purpose. 206
Sec. 511.22. The board of township trustees shall direct 215
the township clerk to file a written notice with the board of 217
elections, not later than four p.m. of the seventy-fifth day 219
before the day of the election, WITH THE BOARD OF ELECTIONS 220
having charge of the preparation of official ballots, that an 221
election will be held as provided by IN section 511.21 of the 222
Revised Code, and that the following shall be printed on the 224
ballot:
"YES SHALL A FREE PUBLIC PARK 227
NO OR PUBLIC PARKS BE ESTABLISHED IN 229
.....(NAME)..... TOWNSHIP?" 231
If a majority of the votes is in favor of the proposition, 234
such a park or parks shall be established for the township. If a 236
majority of the votes cast is against the proposition, the board 237
of park commissioners shall be abolished, and the board of 238
township trustees shall provide for and pay all the proper 239
expenses incurred by it.
Sec. 511.23. (A) When the vote under section 511.21 248
511.22 of the Revised Code is in favor of establishing one or 250
more free public parks, the board of park commissioners shall 251
constitute a board, to be called the board of park commissioners 252
of that township park district, and they shall be a body politic 253
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and corporate. Their office is not a township office within the 254
meaning of section 703.22 of the Revised Code but is an office of 255
the township park district. The members of the board shall serve 256
without compensation but shall be allowed their actual and 257
necessary expenses incurred in the performance of their duties. 258
(B) The board may locate, establish, improve, maintain, 260
and operate a free public park or parks within the township, or, 262
if the township park district contains any incorporated 263
territory, without the township IN ACCORDANCE WITH DIVISION (B) 265
OF SECTION 511.18 OF THE REVISED CODE, with or without
recreational facilities. Any township park district that 266
contains only unincorporated territory and that operated a free 267
public park or parks outside the township immediately prior to 268
July 18, 1990, may continue to improve, maintain, and operate 269
these parks outside the township, but FURTHER ACQUISITIONS OF 270
LAND shall not expand a park or establish any new park outside 272
the township AFFECT THE BOUNDARIES OF THE PARK DISTRICT ITSELF OR 273
THE APPOINTING AUTHORITY FOR THE BOARD OF PARK COMMISSIONERS. 274
The board may LEASE, accept a conveyance of, or purchase 276
SUITABLE LANDS for cash, by purchase by installment payments with 278
or without a mortgage, by entering into LEASE OR lease-purchase 279
agreements, OR by lease with option to purchase, or MAY acquire 281
SUITABLE LANDS through an exchange under section 511.241 of the 283
Revised Code, or MAY appropriate suitable lands and materials for 284
such PARK DISTRICT purposes. THE BOARD ALSO MAY LEASE FACILITIES 285
FROM OTHER POLITICAL SUBDIVISIONS OR PRIVATE SOURCES. The board 286
shall have careful surveys and plats made of the lands acquired 287
for such PARK DISTRICT purposes, and shall establish permanent 289
monuments on the boundaries of the lands. Such THOSE plats, when 290
executed according to sections 711.01 to 711.38 of the Revised 291
Code, shall be recorded in the office of the county recorder, and 292
such THOSE records shall be admissible in evidence for the 293
purpose of locating and ascertaining the true boundaries of the 294
park or parks.
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(C) In furtherance of the use and enjoyment of the lands 296
controlled by it, the board may accept donations of money or 297
other property, or may act as trustees of land, money, or other 298
property, and MAY use and administer the same LAND, MONEY, OR 299
OTHER PROPERTY as stipulated by the donor, or as provided in the 301
trust agreement. The terms of each such donation or trust shall 302
first be approved by the court of common pleas of the county, or 303
by the board of township trustees if the board of park 304
commissioners is appointed by the board of township trustees, 305
before acceptance by the board of park commissioners, but such 306
approval is not required for agreements made pursuant to section 307
755.16 of the Revised Code.
The board may receive and expend grants for park purposes 309
from agencies and instrumentalities of the United States and this 310
state, and may enter into contracts or agreements with such THOSE 312
agencies and instrumentalities to carry out the purposes for
which such THE grants were furnished. 313
(D) In exercising any powers conferred upon the board 315
under divisions (B) and (C) of this section, and for other types 316
of assistance which THAT the board finds necessary in carrying 317
out its duties, the board may hire and contract for professional, 318
technical, consulting, and other special services, and may 319
purchase goods and award contracts. The procuring of goods and 320
awarding of contracts shall be done in accordance with the 321
procedures established for the board of county commissioners by 322
sections 307.86 to 307.91 of the Revised Code. 323
(E) The board may appoint a superintendent AN EXECUTIVE 325
for the park or parks and may designate him THE EXECUTIVE OR 327
ANOTHER PERSON as the clerk of the board. It may appoint all 330
other necessary officers and employees, fix their compensation, 331
and prescribe their duties, OR IT MAY REQUIRE THE EXECUTIVE TO 332
APPOINT ALL OTHER NECESSARY OFFICERS AND EMPLOYEES, AND TO FIX
THEIR COMPENSATION AND PRESCRIBE THEIR DUTIES, IN ACCORDANCE WITH 333
GUIDELINES AND POLICIES ADOPTED BY THE BOARD. 334
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(F) The board may adopt such bylaws and rules as THAT it 336
considers advisable FOR THE FOLLOWING PURPOSES: 337
(1) To prohibit selling, giving away, or using any 339
intoxicating liquors in the park or parks; 340
(2) For the government and control of the park or parks 342
and the operation of motor vehicles therein IN THE PARK OR PARKS; 344
(3) To provide for the protection and preservation of all 346
property and natural life within its jurisdiction. 347
Before such THE bylaws and rules take effect, the board 349
shall provide for a notice of their adoption to be published once 350
a week for two consecutive weeks in a newspaper of general 351
circulation in the county within which the park district is 352
located. 353
No person shall violate any such OF THE bylaws or rules. 355
FINES LEVIED AND COLLECTED FOR VIOLATIONS SHALL BE PAID INTO THE 356
TREASURY OF THE TOWNSHIP PARK DISTRICT. THE BOARD MAY USE MONEYS 357
COLLECTED FROM THOSE FINES FOR ANY PURPOSE THAT IS NOT 358
INCONSISTENT WITH SECTIONS 511.18 TO 511.37 OF THE REVISED CODE. 360
(G) THE BOARD MAY DO EITHER OF THE FOLLOWING: 362
(1) ESTABLISH AND CHARGE FEES FOR THE USE OF ANY 364
FACILITIES AND SERVICES OF THE PARK OR PARKS REGARDLESS OF 365
WHETHER THE PARK OR PARKS WERE ACQUIRED BEFORE, ON, OR AFTER THE 366
EFFECTIVE DATE OF THIS AMENDMENT; 367
(2) ENTER INTO A LEASE AGREEMENT WITH AN INDIVIDUAL OR 369
ORGANIZATION THAT PROVIDES FOR THE EXCLUSIVE USE OF A SPECIFIED 370
PORTION OF THE PARK OR PARKS WITHIN THE TOWNSHIP PARK DISTRICT BY 371
THAT INDIVIDUAL OR ORGANIZATION FOR THE DURATION OF AN EVENT 373
PRODUCED BY THE INDIVIDUAL OR ORGANIZATION. THE BOARD, FOR THE
SPECIFIC PORTION OF THE PARK OR PARKS COVERED BY THE LEASE 374
AGREEMENT, MAY CHARGE A FEE TO, OR PERMIT THE INDIVIDUAL OR 375
ORGANIZATION TO CHARGE A FEE TO, PARTICIPANTS IN AND SPECTATORS 376
AT THE EVENT COVERED BY THE AGREEMENT.
(H) IF THE BOARD FINDS THAT REAL OR PERSONAL PROPERTY 378
OWNED BY THE TOWNSHIP PARK DISTRICT IS NOT CURRENTLY NEEDED FOR 379
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PARK PURPOSES, THE BOARD MAY LEASE THAT PROPERTY TO OTHER PERSONS 381
OR ORGANIZATIONS DURING ANY PERIOD OF TIME THE BOARD DETERMINES 382
THE PROPERTY WILL NOT BE NEEDED. IF THE BOARD FINDS THAT 383
COMPETITIVE BIDDING ON A LEASE IS NOT FEASIBLE, IT MAY LEASE THE
PROPERTY WITHOUT TAKING BIDS. 384
(I) THE BOARD MAY EXCHANGE PROPERTY OWNED BY THE TOWNSHIP 386
PARK DISTRICT FOR PROPERTY OWNED BY THE STATE, ANOTHER POLITICAL 388
SUBDIVISION, OR THE FEDERAL GOVERNMENT ON TERMS THAT IT CONSIDERS 389
DESIRABLE, WITHOUT THE NECESSITY OF COMPETITIVE BIDDING. 390
(J) Any such rights or duties ESTABLISHED UNDER THIS 392
SECTION may be modified, shared, or assigned by an agreement 394
pursuant to section 755.16 of the Revised Code. 395
Sec. 511.234. (A) The board of park commissioners of a 404
township park district may authorize an officer, employee, or 405
appointee of the board to use a credit card held by the board to 406
pay for expenses related to park district business. The debt 407
incurred as a result of the use of a credit card under this 408
section shall be no more than seven hundred fifty dollars a month 409
and shall be paid from township park district funds. 410
(B) No officer, employee, or appointee of a board of park 412
commissioners who is authorized to use a credit card held by the 413
board shall use it to incur any unauthorized debt against the 414
park district's credit. 415
(C) Whoever violates division (B) of this section is 417
guilty of one of the following: 418
(1) A misdemeanor of the first degree if the amount of the 420
unauthorized debt is no more than one hundred fifty dollars; 421
(2) A felony of the fourth degree if the amount of the 423
unauthorized debt exceeds one hundred fifty dollars. 424
(D) An officer, employee, or appointee may, in a civil 426
action, MAY be found personally liable to the township park 427
district for his THE OFFICER'S, EMPLOYEE'S, OR APPOINTEE'S 429
unauthorized use of the township park district credit card. 431
(E) Whenever any officer, employee, or appointee 433
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authorized to use a credit card held by the board of park 434
commissioners suspects the loss, theft, or possibility of another 435
person's unauthorized use of the credit card he THAT THE OFFICER, 436
EMPLOYEE, OR APPOINTEE is authorized to use, he THE OFFICER, 438
EMPLOYEE, OR APPOINTEE shall so notify the board of park 439
commissioners immediately in writing. The officer, employee, or 440
appointee may be held personally liable for unauthorized debt 441
resulting from such THE loss, theft, or unauthorized use, in the 442
amount of fifty dollars or the amount charged to the credit card 444
as a result of the loss, theft, or unauthorized use, whichever is 445
less.
Sec. 511.241. The board of park commissioners may acquire 454
lands for use by the township park district through an exchange 455
of real property whereby IN WHICH the board of park commissioners 457
leases or conveys to the township all or part of the lands 458
located within the township to which the township park district 459
holds title, in exchange for the lease or conveyance of township 460
land from the board of township trustees to the board of park 461
commissioners. The board of park commissioners and board of 462
township trustees shall use the lands so exchanged for only park 463
purposes BEFORE ANY SUCH EXCHANGE BECOMES EFFECTIVE, THE COUNTY 464
AUDITOR SHALL CERTIFY IN WRITING TO THE BOARD OF TOWNSHIP 465
TRUSTEES AND THE BOARD OF PARK COMMISSIONERS THAT THE CURRENT 466
MARKET VALUE OF THE LAND THAT EACH BOARD WILL RECEIVE IS AT LEAST 468
EQUAL TO THE CURRENT MARKET VALUE OF THE LAND EXCHANGED, PLUS ANY 469
CASH OR OTHER CONSIDERATION THAT WILL BE RECEIVED AS PART OF THE 470
EXCHANGE. The exchange may include any other terms agreed to 471
between the board of park commissioners and the board of township 472
trustees not otherwise prohibited by law. This section does not 473
authorize exchanges by a board of township trustees that are 474
otherwise prohibited by law. Section 511.25 of the Revised Code 475
does not apply to exchanges authorized by this section. 476
Sec. 511.25. IF THE BOARD OF PARK COMMISSIONERS OF A 479
TOWNSHIP PARK DISTRICT FINDS THAT ANY LANDS THAT THE BOARD HAS
11
ACQUIRED ARE NOT NECESSARY FOR THE PURPOSES FOR WHICH THEY WERE 480
ACQUIRED, IT MAY SELL AND DISPOSE OF THOSE LANDS UPON TERMS THAT 482
THE BOARD CONSIDERS ADVISABLE AND MAY REJECT ANY PURCHASE BID
RECEIVED UNDER THIS SECTION THAT THE BOARD DETERMINES DOES NOT 483
MEET ITS TERMS FOR SALE. 484
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO LANDS 486
SHALL BE SOLD WITHOUT FIRST GIVING NOTICE OF THE BOARD'S 487
INTENTION TO SELL THE LANDS BY PUBLICATION ONCE A WEEK FOR FOUR 488
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 489
TOWNSHIP. THE NOTICE SHALL CONTAIN AN ACCURATE DESCRIPTION OF 490
THE LANDS BEING OFFERED FOR SALE AND SHALL STATE THE TIME AND 491
PLACE AT WHICH SEALED BIDS FOR THE LANDS WILL BE RECEIVED. IF 492
THE BOARD REJECTS ALL OF THE PURCHASE BIDS, IT MAY REOFFER THE 493
LANDS FOR SALE IN ACCORDANCE WITH THIS SECTION. 494
THE BOARD ALSO MAY SELL PARK LANDS NOT NECESSARY FOR 497
DISTRICT PURPOSES TO ANOTHER POLITICAL SUBDIVISION, THE STATE, OR 498
THE FEDERAL GOVERNMENT WITHOUT GIVING THE NOTICES OR TAKING BIDS 499
AS OTHERWISE REQUIRED BY THIS SECTION. 500
NO LANDS ACQUIRED BY A TOWNSHIP PARK DISTRICT MAY BE SOLD 502
WITHOUT THE APPROVAL OF THE COURT OF COMMON PLEAS OF THE COUNTY 503
IN WHICH THE PARK DISTRICT IS LOCATED, IF THE COURT APPOINTED THE 505
BOARD UNDER SECTION 511.18 OF THE REVISED CODE, OR THE APPROVAL 507
OF THE BOARD OF TOWNSHIP TRUSTEES, IF THE BOARD OF TOWNSHIP 508
TRUSTEES APPOINTED THE BOARD OF PARK COMMISSIONERS UNDER SECTION 511
511.18 OF THE REVISED CODE. 513
Sec. 511.27. (A) To defray the expenses of the township 522
park district and for the purchasing, appropriating, operating, 523
maintaining, and improving lands for parks or recreational 524
purposes, the township board of park commissioners may levy a 525
sufficient tax within the ten-mill limitation, not to exceed one 526
mill on each dollar of valuation on all real and personal 527
property within the township, and on all real and personal 528
property within any municipal corporation which THAT is within 529
the township, or which THAT was within the township at the time 531
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that the park district was established, or the boundaries of 533
which are coterminous with or include the township. Such THE 534
levy shall be over and above all other taxes and limitations on 536
such property authorized by law. 537
(B) Except as otherwise provided in division (C) of this 539
section, the township board of park commissioners may, not less 540
than seventy-five days before the day of the election, MAY 542
declare by resolution that the amount of taxes which THAT may be 544
raised within the ten-mill limitation will be insufficient to 545
provide an adequate amount for the necessary requirements of the 546
district and that it is necessary to levy a tax in excess of such 547
THAT limitation for the use of the district. The resolution 548
shall specify the purpose for which the taxes shall be used, the 549
annual rate proposed, and the number of consecutive years the 550
levy will be in effect. Upon the adoption of the resolution, the 551
question of levying the taxes shall be submitted to the electors 552
of the township and the electors of any municipal corporation 553
which THAT is within the township, or which THAT was within the 555
township at the time that the park district was established, or 557
the boundaries of which are coterminous with or include the 558
township, at a special election to be held on whichever of the 560
following occurs first:
(1) The day of the next ensuing general election; 562
(2) The first Tuesday after the first Monday in May of any 565
calendar year, except that, if a presidential primary election is 566
held in that calendar year, then the day of that election. The 567
THE rate submitted to the electors at any one time ELECTION 570
shall not exceed two mills annually upon each dollar of 571
valuation. If a majority of the electors voting upon the 572
question of the levy vote in favor thereof OF THE LEVY, the tax 573
shall be levied on all real and personal property within the 575
township and on all real and personal property within any 576
municipal corporation which THAT is within the township, or which 577
THAT was within the township at the time that the park district 579
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was established, or the boundaries of which are coterminous with 580
or include the township, and such THE levy shall be over and 582
above all other taxes and limitations on such property authorized 583
by law.
(C) In any township park district that contains only 585
unincorporated territory and where, IF the township board of park 587
commissioners is appointed by the board of township trustees, 588
before a tax can be levied and certified to the county auditor 589
pursuant to section 5705.34 of the Revised Code or before a 590
resolution for a tax levy can be certified to the board of 591
elections pursuant to section 511.28 of the Revised Code, the 592
township board of park commissioners shall receive approval for 593
its levy request from the board of township trustees. The 594
township board of park commissioners shall adopt a resolution 595
requesting the board of township trustees to approve the levy 596
request, stating the annual rate of the proposed levy and the 597
reason for the levy request. On receiving this request, the 598
board of township trustees shall vote on whether to approve the 599
request, and, if a majority votes to approve it, shall issue a 600
resolution approving such a THE levy at the requested rate. 601
Sec. 511.30. (A) IN ADDITION TO ANY POWER GRANTED TO 604
TOWNSHIP PARK DISTRICTS TO ISSUE SECURITIES UNDER OTHER 605
PROVISIONS OF THE REVISED CODE, A TOWNSHIP PARK DISTRICT MAY 608
ISSUE REVENUE SECURITIES AS AUTHORIZED IN THIS SECTION. FOR
PURPOSES OF THIS SECTION, "SECURITIES" HAS THE SAME MEANING AS IN 610
DIVISION (KK) OF SECTION 133.01 OF THE REVISED CODE. 612
(B) A TOWNSHIP PARK DISTRICT MAY ISSUE REVENUE SECURITIES 615
TO FUND OR REFUND REVENUE SECURITIES PREVIOUSLY ISSUED, OR TO 616
RAISE MONEY TO PAY FOR AND IMPROVE PARKS OR RECREATIONAL 617
FACILITIES. 618
(C) A TOWNSHIP PARK DISTRICT SHALL ESTABLISH RATES, 621
CHARGES, OR RENTS FOR THE USE, AVAILABILITY, OR RENTAL OF THE 622
FACILITIES TO WHICH THE FINANCING RELATES, WHICH RATES, CHARGES, 623
OR RENTS SHALL BE DESIGNED TO PROVIDE REVENUES TO THE PARK 624
14
DISTRICT SUFFICIENT TO PAY THE COSTS OF ALL CURRENT EXPENSES OF 625
THE FACILITIES PAYABLE BY THE PARK DISTRICT, TO PAY THE DEBT 626
CHARGES ON THE SECURITIES, AND TO ESTABLISH AND MAINTAIN ANY 627
CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES 628
OR THE FACILITIES. 629
(D) REVENUE SECURITIES ISSUED UNDER THIS SECTION SHALL NOT 632
BE GENERAL OBLIGATIONS OF THE TOWNSHIP PARK DISTRICT. THE 633
REVENUE SECURITIES SHALL BE SECURED ONLY BY A PLEDGE OF AND LIEN 635
UPON THE REVENUES OF THE PARK DISTRICT DERIVED FROM ITS OWNERSHIP 636
OR OPERATION OF THE FACILITIES, INCLUDING THE RATES, CHARGES, OR 637
RENTS REFERRED TO IN DIVISION (C) OF THIS SECTION AND ANY 638
INTEREST SUBSIDIES OR DEBT CHARGES, GRANTS, OR OTHER PAYMENTS BY 639
FEDERAL OR STATE AGENCIES AVAILABLE FOR THIS PURPOSE, AND THE 640
COVENANTS OF THE PARK DISTRICT TO MAINTAIN SUFFICIENT RATES, 641
CHARGES, AND RENTS TO PRODUCE REVENUES SUFFICIENT TO PAY ALL 642
CURRENT EXPENSES OF THE FACILITIES PAYABLE BY THE PARK DISTRICT, 643
TO PAY THE DEBT CHARGES ON THE SECURITIES, AND TO ESTABLISH AND 645
MAINTAIN ANY CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE 646
SECURITIES OR THE FACILITIES, AND, IF THE SECURITIES ARE
ANTICIPATORY SECURITIES, TO ISSUE THE REVENUE SECURITIES IN 647
ANTICIPATION OF THE ISSUANCE OF WHICH THE SECURITIES ARE ISSUED. 649
REVENUE SECURITIES ALSO MAY BE SECURED BY A PLEDGE OF AND LIEN ON 650
THE PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR REFUND THOSE 651
REVENUE SECURITIES.
(E) THE TOWNSHIP PARK DISTRICT OFFICERS AUTHORIZED BY THE 654
BOARD OF PARK COMMISSIONERS SHALL EXECUTE THE NECESSARY 655
DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, TRUST AGREEMENTS AND 656
LEASES, TO PROVIDE FOR THE PLEDGE, PROTECTION, AND DISPOSITION OF 657
THE PLEDGED REVENUES FROM WHICH DEBT CHARGES AND ANY SPECIAL FUND 658
DEPOSITS ARE TO BE PAID. 659
(F) AS LONG AS ANY OF THESE REVENUE SECURITIES, IN EITHER 662
ORIGINAL OR REFUNDED FORM, REMAIN OUTSTANDING, EXCEPT AS 663
OTHERWISE PROVIDED IN THE DOCUMENTS REFERRED TO IN DIVISION (E) 664
OF THIS SECTION, ALL PARTS OF THE FACILITIES THE REVENUES FROM 665
15
WHICH ARE PLEDGED SHALL REMAIN UNDER THE CONTROL OF THE BOARD OF 667
PARK COMMISSIONERS, WHETHER ANY PARTS OF THE FACILITIES ARE
LEASED TO OR OPERATED BY OTHERS OR ARE IN OR THEREAFTER COME 668
WITHIN THE BOUNDARIES OF ANY MUNICIPAL CORPORATION, AND THE 669
FACILITIES SHALL REMAIN SUBJECT TO THE POWER AND DUTY OF THE 670
BOARD OF PARK COMMISSIONERS TO FIX AND COLLECT RATES, CHARGES, OR 672
RENTS FOR THE USE OF FACILITIES.
(G) SECTIONS 9.98 TO 9.983 OF THE REVISED CODE APPLY TO 676
REVENUE SECURITIES ISSUED UNDER THIS SECTION. 677
(H) REVENUE SECURITIES ISSUED UNDER THIS SECTION, THEIR 680
TRANSFER, AND ANY INCOME FROM THEM, INCLUDING ANY PROFIT MADE ON 681
THEIR SALE, SHALL AT ALL TIMES BE FREE FROM TAXATION WITHIN THE 682
STATE. 683
(I) THE APPOINTING AUTHORITY OF THE BOARD OF PARK 685
COMMISSIONERS OF ANY TOWNSHIP PARK DISTRICT THAT PROPOSES TO 686
ISSUE REVENUE SECURITIES UNDER THIS SECTION SHALL APPROVE THAT 687
PROPOSAL BY RESOLUTION BEFORE THE PARK DISTRICT ISSUES THE 688
REVENUE SECURITIES.
Sec. 511.37. The board of township trustees of any 697
township may make contributions of moneys, LANDS, supplies, 698
equipment, office facilities, and other personal property or 700
services to any board of park commissioners OF A PARK DISTRICT 701
THAT IS established pursuant to SECTION 511.18 OR Chapter 1545. 703
of the Revised Code AND WHOSE TERRITORY OVERLAPS THE TERRITORY OF 704
THE TOWNSHIP IN WHOLE OR IN PART, for the expenses PURPOSES of 706
park planning, acquisition, management, and improvement. The 707
board of park commissioners may accept such THE contributions 708
without the approval of the terms by the probate judge APPOINTING 710
AUTHORITY, IF APPLICABLE. 711
Any moneys contributed by the board of township trustees 713
for such THOSE purposes shall be drawn from the general fund in 714
the township treasury not otherwise appropriated. The board of 716
township trustees may anticipate the contributions of moneys for 717
such THOSE purposes and enter the amount of such THE 719
16
contributions in its annual statement to the county budget 720
commission for inclusion in the budget upon which rates of 721
taxation are based.
Sec. 755.16. (A) Any municipal corporation, township, 730
township park district, county, or school district, jointly with 731
any one or more other municipal corporations, townships, township 732
park districts, counties, or school districts, in any 733
combination, and a joint recreation district, may acquire 734
property for, construct, operate, and maintain any parks, 735
playgrounds, playfields, gymnasiums, public baths, swimming 737
pools,, indoor recreation centers, or community centers, and any
school district may provide by the erection of any school 738
building or school premises, or BY the enlargement OF, addition 739
thereto TO, or reconstruction or improvement thereof OF ANY 741
SCHOOL BUILDING OR SCHOOL PREMISES, for the inclusion of any such 742
parks, recreational facilities, and community centers to be 743
jointly acquired, operated, and maintained. Any municipal 744
corporation, township, township park district, county, or school 745
district, jointly with any one or more other municipal 746
corporations, townships, township park districts, counties, or 747
school districts, in any combination, and a joint recreation 748
district, may equip, operate, and maintain such parks, 749
recreational facilities, and community centers and may 750
appropriate money therefor FOR THEM.
Any municipal corporation, township, township park 752
district, county, or school district agreeing to jointly acquire, 753
construct, operate, or maintain parks, recreational facilities, 754
and community centers pursuant to this section may contribute 755
such lands, money, other personal property, or services to the 756
joint venture, as may be agreed upon. Any agreement shall 757
specify the rights of the parties in any lands or personal 758
property contributed. 759
Any lands acquired by a township park district pursuant to 761
Chapter 511. of the Revised Code and established as a free public 762
17
park or parks may be contributed to a joint venture authorized by 763
this section, but shall remain free and open for public use, 764
except that fees. FEES may be charged in connection with the use 766
of any recreational facilities and community centers that may be 767
constructed thereon ON THOSE LANDS. 768
(B) Any township may, jointly with a private land owner, 770
construct, operate, equip, and maintain free public playgrounds 771
and playfields. Any equipment provided by a township pursuant to 772
this division shall remain township property and shall be used 773
subject to a right of removal by the township. 774
(C) As used in this section and in sections 755.17 and 776
755.18 of the Revised Code, "community centers" means facilities 777
characterized by all of the following: 778
(1) They are acquired, constructed, operated, or 780
maintained by political subdivisions, school districts, or a 781
joint recreation district pursuant to division (A) of this 782
section;. 783
(2) They may be used for governmental, civic, or 785
educational operations or recreational activities;. 786
(3) They may be used only by the entities that acquire, 788
construct, operate, or maintain them or by any other person upon 789
terms and conditions determined by those entities. 790
Section 2. That existing sections 511.18, 511.19, 511.20, 792
511.21, 511.22, 511.23, 511.234, 511.241, 511.27, 511.37, and 793
755.16 and section 511.25 of the Revised Code are hereby 795
repealed.
Section 3. Any township park district with a five-member 798
board of park commissioners on the effective date of this act 799
shall be succeeded by a board serving staggered terms of office. 800
Of the appointees whose terms of office commence on the second 801
Monday of May immediately after the effective date of this act, 802
two shall serve one-year terms, two shall serve two-year terms, 803
and one shall serve a three-year term. Thereafter, terms of 804
office for successive appointees shall be for three years, as 805
18
provided in division (B) of section 511.19 of the Revised Code as 806
amended by this act.
Section 4. For a period of ninety days after the effective 808
date of this act, if the board of park commissioners of a 809
township park district is appointed by the board of township 810
trustees, the board of township trustees may adopt a resolution 811
to convert the parks owned and operated by the park district into 812
parks owned and operated by the township. Upon the adoption of 813
that resolution, the township park district shall cease to exist, 814
all real and personal property owned by the park district shall 815
be transferred to the township, and the township shall assume 816
liability with respect to all contracts and debts of the park 817
district. All employees of the township park district whose 818
parks are so converted into township parks shall become township 819
employees, and the board of township trustees may retain the 820
former park commissioners, on the terms that the trustees 821
consider appropriate, to operate the property formerly owned by 822
the township park district. 823
The township shall continue to collect any taxes levied 825
within the former township park district, and the taxes shall be 826
deposited into the township treasury as funds to be used for the 827
park purposes for which they were levied. 828
Within fifteen days after the adoption of a township park 830
district conversion resolution under this section, the clerk of 831
the board of township trustees shall certify a copy of that 832
resolution to the county auditor. 833