As Reported by the Senate State and Local Government 2
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 417 6
1999-2000 7
REPRESENTATIVES O'BRIEN-WINKLER-SCHULER-BATEMAN-CALLENDER- 9
CORBIN-HARTNETT-PATTON-HOOPS-EVANS-CLANCY-VERICH-LUEBBERS- 10
PETERSON-YOUNG-TIBERI-PERRY-STEVENS-BARNES-CATES-ASLANIDES- 11
SENATORS SCHAFRATH-GARDNER-BLESSING 12
_________________________________________________________________ 14
A B I L L
To amend sections 511.18, 511.19, 511.20, 511.21, 16
511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 17
755.16, and 5705.19, to enact new section 511.25 18
and section 511.30, and to repeal section 511.25 19
of the Revised Code to revise the Township Park 20
District Law, to provide for the conversion of 21
certain township park districts for a temporary 22
time period, and to permit a township to submit a
combined tax levy for recreational purposes and 23
greenspace.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 511.18, 511.19, 511.20, 511.21, 27
511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 755.16, and 28
5705.19 be amended and new section 511.25 and section 511.30 of 29
the Revised Code be enacted to read as follows: 30
Sec. 511.18. (A) When any number of electors in a 39
township, including the electors of all municipal corporations 40
therein IN THE TOWNSHIP, equal to or exceeding one-tenth of the 41
total vote cast in such THE township at the most recent general 43
election, files a petition with the board of township trustees 44
for proceedings to organize a park district and to establish one 45
or more free public parks within such THE township, the board 46
2
shall certify such THAT fact to the court of common pleas of the 48
county, which court, or a judge of the court, shall appoint a 49
board of park commissioners for the township. However, if an 51
entire park district is contained within the unincorporated area 52
of the township, the board of township trustees, instead of the 53
court of common pleas of the county, shall, regardless of when 54
the park district was established, appoint the board of park 55
commissioners, unless the board of township trustees, by 56
unanimous vote, adopts a resolution authorizing the court of 57
common pleas to appoint the board of park commissioners. If FOR 58
PURPOSES OF THIS DIVISION, AN ENTIRE PARK DISTRICT SHALL BE 59
CONSIDERED TO BE CONTAINED WITHIN THE UNINCORPORATED AREA OF THE 60
TOWNSHIP IF THE ELECTORS OF THE UNINCORPORATED AREA WOULD BE THE 61
ONLY PERSONS ENTITLED TO VOTE ON A TAX LEVY SUBMITTED UNDER
DIVISION (B) OF SECTION 511.27 OF THE REVISED CODE, REGARDLESS OF 62
WHERE REAL PROPERTY OWNED BY THE DISTRICT IS LOCATED. 63
IF the board of township trustees adopts such a resolution 66
DESCRIBED IN THIS DIVISION, the court, or a judge of the court, 67
shall appoint the board of park commissioners. If, at any time 68
after the adoption of such a THAT resolution, the board of 70
township trustees wishes to rescind the resolution and again 71
assume the authority provided under this section DIVISION to 72
appoint the board of park commissioners, it may adopt a 74
resolution, by unanimous vote, rescinding the previous resolution 75
and its authorization for the court of common pleas to appoint 76
the board of park commissioners. After the adoption of such a 77
RESCINDING resolution, the board of township trustees shall 78
appoint the board of park commissioners.
(B)(1) The boundaries of a township park district, 80
regardless REGARDLESS of when the A TOWNSHIP park district was 82
established, shall be coterminous with AT LEAST SEVENTY-FIVE PER 83
CENT OF THE ACREAGE OWNED BY A TOWNSHIP PARK DISTRICT SHALL BE 84
LOCATED WITHIN the boundaries of the township, unless the 85
township has ceased to exist since the establishment of the park 86
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district, and except as provided in division (B)(2) of this 87
section. 88
(2) When a municipal corporation is located within the 90
boundaries of a township where a township park district has been 91
established and the district owns park land within the municipal 92
corporation, any change in the boundaries of the township shall 93
have no effect on the boundaries of the township park district. 94
Sec. 511.19. (A) Except as provided in division (B) of 104
this section, the board of park commissioners shall consist of 105
three suitable resident freeholders ELECTORS. The freeholders 107
ELECTORS may be residents of the township or of any municipal 108
corporation which THAT is located within the township, which THAT 109
was within the township at the time that the park district was 111
established, or the boundaries of which are coterminous with or 112
include the township. One of the commissioners shall serve for 113
one year, one OF THE COMMISSIONERS SHALL SERVE for two years, and 115
one OF THE COMMISSIONERS SHALL SERVE for three years, from the 116
second Monday of May succeeding the appointment, and thereafter 117
one commissioner shall be appointed annually to serve for three 118
years. The court of common pleas, or the board of township 119
trustees if the board of park commissioners is appointed by the 120
board of township trustees, shall fill any vacancy which THAT 121
occurs in the board by death, resignation, or otherwise, by 122
appointment for the unexpired term. 123
(B) If a board of park commissioners is appointed by the 125
board of township trustees, the board of township trustees may 126
appoint a five-member board of park commissioners in lieu of the 127
three-member board provided for in division (A) of this section. 128
Except as provided in this division for the conversion of a 129
three-member board, members of a five-member board of park 130
commissioners shall serve a one-year term THREE-YEAR TERMS. OF 131
THE INITIAL APPOINTEES, TWO SHALL SERVE ONE-YEAR TERMS, TWO SHALL 132
SERVE TWO-YEAR TERMS, AND ONE SHALL SERVE A THREE-YEAR TERM. 133
THEREAFTER, TERMS OF OFFICE FOR SUCCESSIVE APPOINTEES SHALL BE 134
4
FOR THREE YEARS. All terms shall commence on the second Monday 135
of May succeeding appointment. Qualifications for members and 136
filling of vacancies on five-member boards shall be the same as 137
provided in division (A) of this section for three-member boards. 138
(C) A board of township trustees may, by resolution, MAY 141
convert a three-member board of park commissioners that THE BOARD 142
OF TOWNSHIP TRUSTEES has been appointed by them to a five-member 144
board of park commissioners. The conversion shall be effective 145
from the second Monday of May succeeding the adoption of the 146
resolution. If a three-member board is converted, any member of 147
the three-member board whose term had not expired on the date of 148
conversion shall serve as one of the five members of the new 149
board until the expiration date of his THAT MEMBER'S term. 150
(D) A BOARD OF TOWNSHIP TRUSTEES, BY RESOLUTION, MAY 152
CONVERT INTO A THREE-MEMBER BOARD OF PARK COMMISSIONERS A 153
FIVE-MEMBER BOARD OF PARK COMMISSIONERS THAT THE BOARD OF 154
TOWNSHIP TRUSTEES HAS APPOINTED. UPON THE EXPIRATION OF THE 155
TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF 156
MAY THAT IMMEDIATELY FOLLOWS THE DATE OF THE RESOLUTION'S 158
ADOPTION, THE BOARD OF TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK 159
COMMISSIONER TO A THREE-YEAR TERM. UPON THE EXPIRATION OF THE 160
TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF 161
MAY IN EACH OF THE IMMEDIATELY FOLLOWING TWO YEARS, THE BOARD OF 163
TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK COMMISSIONER TO A 164
THREE-YEAR TERM. DURING THE TRANSITION PERIOD FROM A FIVE-MEMBER 165
BOARD TO A THREE-MEMBER BOARD, ANY MEMBER OF THE FIVE-MEMBER 166
BOARD WHOSE TERM HAS NOT YET EXPIRED SHALL CONTINUE TO SERVE AS A 167
MEMBER UNTIL THAT MEMBER'S TERM EXPIRES. 168
Sec. 511.20. The PRIOR TO THE SUBMISSION TO THE ELECTORS 177
OF THE QUESTION OF WHETHER ONE OR MORE PUBLIC PARKS ARE TO BE 178
ESTABLISHED AS PROVIDED IN SECTION 511.21 OF THE REVISED CODE, 179
THE board of park commissioners shall call to its assistance one 180
or more skilled landscape architects, and, if desired, other 181
expert advice, as to suitable places for the location of one or 182
5
more free public parks. Such THE board of park commissioners 183
shall make a written report to the board of township trustees of 185
its findings and recommendations, with an estimate of the cost of 186
the land recommended for park purposes. Before filing such THE 187
report, the board of park commissioners may, for park purposes, 188
MAY take options and receive bids from owners of land. 190
Sec. 511.21. Upon the filing of the report of the board of 199
park commissioners as provided by section 511.20 of the Revised 200
Code, the board of township trustees shall direct the township 201
clerk to give thirty days' notice, by posting in five public 202
places in the township, and by publication in one or more 204
newspapers of general circulation therein IN THE TOWNSHIP, that 205
an election will be held at the next general election to 206
determine whether one or more free public parks are to be 208
established within the township, and the estimated cost of the
land recommended for that purpose. 209
Sec. 511.22. The board of township trustees shall direct 218
the township clerk to file a written notice with the board of 220
elections, not later than four p.m. of the seventy-fifth day 222
before the day of the election, WITH THE BOARD OF ELECTIONS 223
having charge of the preparation of official ballots, that an 224
election will be held as provided by IN section 511.21 of the 225
Revised Code, and that the following shall be printed on the 227
ballot:
"YES SHALL A FREE PUBLIC PARK 230
NO OR PUBLIC PARKS BE ESTABLISHED IN 232
.....(NAME)..... TOWNSHIP?" 234
If a majority of the votes is in favor of the proposition, 237
such a park or parks shall be established for the township. If a 239
majority of the votes cast is against the proposition, the board 240
of park commissioners shall be abolished, and the board of 241
township trustees shall provide for and pay all the proper 242
expenses incurred by it.
Sec. 511.23. (A) When the vote under section 511.21 251
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511.22 of the Revised Code is in favor of establishing one or 253
more free public parks, the board of park commissioners shall 254
constitute a board, to be called the board of park commissioners 255
of that township park district, and they shall be a body politic 256
and corporate. Their office is not a township office within the 257
meaning of section 703.22 of the Revised Code but is an office of 258
the township park district. The members of the board shall serve 259
without compensation but shall be allowed their actual and 260
necessary expenses incurred in the performance of their duties. 261
(B) The board may locate, establish, improve, maintain, 263
and operate a free public park or parks within the township, or, 265
if the township park district contains any incorporated 266
territory, without the township IN ACCORDANCE WITH DIVISION (B) 268
OF SECTION 511.18 OF THE REVISED CODE, with or without
recreational facilities. Any township park district that 269
contains only unincorporated territory and that operated a free 270
public park or parks outside the township immediately prior to 271
July 18, 1990, may continue to improve, maintain, and operate 272
these parks outside the township, but FURTHER ACQUISITIONS OF 273
LAND shall not expand a park or establish any new park outside 275
the township AFFECT THE BOUNDARIES OF THE PARK DISTRICT ITSELF OR 276
THE APPOINTING AUTHORITY FOR THE BOARD OF PARK COMMISSIONERS. 277
The board may LEASE, accept a conveyance of, or purchase 279
SUITABLE LANDS for cash, by purchase by installment payments with 281
or without a mortgage, by entering into LEASE OR lease-purchase 282
agreements, OR by lease with option to purchase, or MAY acquire 284
SUITABLE LANDS through an exchange under section 511.241 of the 286
Revised Code, or MAY appropriate suitable lands and materials for 287
such PARK DISTRICT purposes. THE BOARD ALSO MAY LEASE FACILITIES 288
FROM OTHER POLITICAL SUBDIVISIONS OR PRIVATE SOURCES. The board 289
shall have careful surveys and plats made of the lands acquired 290
for such PARK DISTRICT purposes, and shall establish permanent 292
monuments on the boundaries of the lands. Such THOSE plats, when 293
executed according to sections 711.01 to 711.38 of the Revised 294
7
Code, shall be recorded in the office of the county recorder, and 295
such THOSE records shall be admissible in evidence for the 296
purpose of locating and ascertaining the true boundaries of the 297
park or parks.
(C) In furtherance of the use and enjoyment of the lands 299
controlled by it, the board may accept donations of money or 300
other property, or may act as trustees of land, money, or other 301
property, and MAY use and administer the same LAND, MONEY, OR 302
OTHER PROPERTY as stipulated by the donor, or as provided in the 304
trust agreement. The terms of each such donation or trust shall 305
first be approved by the court of common pleas of the county, or 306
by the board of township trustees if the board of park 307
commissioners is appointed by the board of township trustees, 308
before acceptance by the board of park commissioners, but such 309
approval is not required for agreements made pursuant to section 310
755.16 of the Revised Code.
The board may receive and expend grants for park purposes 312
from agencies and instrumentalities of the United States and this 313
state, and may enter into contracts or agreements with such THOSE 315
agencies and instrumentalities to carry out the purposes for
which such THE grants were furnished. 316
(D) In exercising any powers conferred upon the board 318
under divisions (B) and (C) of this section, and for other types 319
of assistance which THAT the board finds necessary in carrying 320
out its duties, the board may hire and contract for professional, 321
technical, consulting, and other special services, and may 322
purchase goods and award contracts. The procuring of goods and 323
awarding of contracts shall be done in accordance with the 324
procedures established for the board of county commissioners by 325
sections 307.86 to 307.91 of the Revised Code. 326
(E) The board may appoint a superintendent AN EXECUTIVE 328
for the park or parks and may designate him THE EXECUTIVE OR 330
ANOTHER PERSON as the clerk of the board. It may appoint all 333
other necessary officers and employees, fix their compensation, 334
8
and prescribe their duties, OR IT MAY REQUIRE THE EXECUTIVE TO 335
APPOINT ALL OTHER NECESSARY OFFICERS AND EMPLOYEES, AND TO FIX
THEIR COMPENSATION AND PRESCRIBE THEIR DUTIES, IN ACCORDANCE WITH 336
GUIDELINES AND POLICIES ADOPTED BY THE BOARD. 337
(F) The board may adopt such bylaws and rules as THAT it 339
considers advisable FOR THE FOLLOWING PURPOSES: 340
(1) To prohibit selling, giving away, or using any 342
intoxicating liquors in the park or parks; 343
(2) For the government and control of the park or parks 345
and the operation of motor vehicles therein IN THE PARK OR PARKS; 347
(3) To provide for the protection and preservation of all 349
property and natural life within its jurisdiction. 350
Before such THE bylaws and rules take effect, the board 352
shall provide for a notice of their adoption to be published once 353
a week for two consecutive weeks in a newspaper of general 354
circulation in the county within which the park district is 355
located. 356
No person shall violate any such OF THE bylaws or rules. 358
FINES LEVIED AND COLLECTED FOR VIOLATIONS SHALL BE PAID INTO THE 359
TREASURY OF THE TOWNSHIP PARK DISTRICT. THE BOARD MAY USE MONEYS 360
COLLECTED FROM THOSE FINES FOR ANY PURPOSE THAT IS NOT 361
INCONSISTENT WITH SECTIONS 511.18 TO 511.37 OF THE REVISED CODE. 363
(G) THE BOARD MAY DO EITHER OF THE FOLLOWING: 365
(1) ESTABLISH AND CHARGE FEES FOR THE USE OF ANY 367
FACILITIES AND SERVICES OF THE PARK OR PARKS REGARDLESS OF 368
WHETHER THE PARK OR PARKS WERE ACQUIRED BEFORE, ON, OR AFTER THE 369
EFFECTIVE DATE OF THIS AMENDMENT; 370
(2) ENTER INTO A LEASE AGREEMENT WITH AN INDIVIDUAL OR 372
ORGANIZATION THAT PROVIDES FOR THE EXCLUSIVE USE OF A SPECIFIED 373
PORTION OF THE PARK OR PARKS WITHIN THE TOWNSHIP PARK DISTRICT BY 374
THAT INDIVIDUAL OR ORGANIZATION FOR THE DURATION OF AN EVENT 376
PRODUCED BY THE INDIVIDUAL OR ORGANIZATION. THE BOARD, FOR THE
SPECIFIC PORTION OF THE PARK OR PARKS COVERED BY THE LEASE 377
AGREEMENT, MAY CHARGE A FEE TO, OR PERMIT THE INDIVIDUAL OR 378
9
ORGANIZATION TO CHARGE A FEE TO, PARTICIPANTS IN AND SPECTATORS 379
AT THE EVENT COVERED BY THE AGREEMENT.
(H) IF THE BOARD FINDS THAT REAL OR PERSONAL PROPERTY 381
OWNED BY THE TOWNSHIP PARK DISTRICT IS NOT CURRENTLY NEEDED FOR 382
PARK PURPOSES, THE BOARD MAY LEASE THAT PROPERTY TO OTHER PERSONS 384
OR ORGANIZATIONS DURING ANY PERIOD OF TIME THE BOARD DETERMINES 385
THE PROPERTY WILL NOT BE NEEDED. IF THE BOARD FINDS THAT 386
COMPETITIVE BIDDING ON A LEASE IS NOT FEASIBLE, IT MAY LEASE THE
PROPERTY WITHOUT TAKING BIDS. 387
(I) THE BOARD MAY EXCHANGE PROPERTY OWNED BY THE TOWNSHIP 389
PARK DISTRICT FOR PROPERTY OWNED BY THE STATE, ANOTHER POLITICAL 391
SUBDIVISION, OR THE FEDERAL GOVERNMENT ON TERMS THAT IT CONSIDERS 392
DESIRABLE, WITHOUT THE NECESSITY OF COMPETITIVE BIDDING. 393
(J) Any such rights or duties ESTABLISHED UNDER THIS 395
SECTION may be modified, shared, or assigned by an agreement 397
pursuant to section 755.16 of the Revised Code. 398
Sec. 511.234. (A) The board of park commissioners of a 407
township park district may authorize an officer, employee, or 408
appointee of the board to use a credit card held by the board to 409
pay for expenses related to park district business. The debt 410
incurred as a result of the use of a credit card under this 411
section shall be no more than seven hundred fifty dollars a month 412
and shall be paid from township park district funds. 413
(B) No officer, employee, or appointee of a board of park 415
commissioners who is authorized to use a credit card held by the 416
board shall use it to incur any unauthorized debt against the 417
park district's credit. 418
(C) Whoever violates division (B) of this section is 420
guilty of one of the following: 421
(1) A misdemeanor of the first degree if the amount of the 423
unauthorized debt is no more than one hundred fifty dollars; 424
(2) A felony of the fourth degree if the amount of the 426
unauthorized debt exceeds one hundred fifty dollars. 427
(D) An officer, employee, or appointee may, in a civil 429
10
action, MAY be found personally liable to the township park 430
district for his THE OFFICER'S, EMPLOYEE'S, OR APPOINTEE'S 432
unauthorized use of the township park district credit card. 434
(E) Whenever any officer, employee, or appointee 436
authorized to use a credit card held by the board of park 437
commissioners suspects the loss, theft, or possibility of another 438
person's unauthorized use of the credit card he THAT THE OFFICER, 439
EMPLOYEE, OR APPOINTEE is authorized to use, he THE OFFICER, 441
EMPLOYEE, OR APPOINTEE shall so notify the board of park 442
commissioners immediately in writing. The officer, employee, or 443
appointee may be held personally liable for unauthorized debt 444
resulting from such THE loss, theft, or unauthorized use, in the 445
amount of fifty dollars or the amount charged to the credit card 447
as a result of the loss, theft, or unauthorized use, whichever is 448
less.
Sec. 511.241. The board of park commissioners may acquire 457
lands for use by the township park district through an exchange 458
of real property whereby IN WHICH the board of park commissioners 460
leases or conveys to the township all or part of the lands 461
located within the township to which the township park district 462
holds title, in exchange for the lease or conveyance of township 463
land from the board of township trustees to the board of park 464
commissioners. The board of park commissioners and board of 465
township trustees shall use the lands so exchanged for only park 466
purposes BEFORE ANY SUCH EXCHANGE BECOMES EFFECTIVE, THE COUNTY 467
AUDITOR SHALL CERTIFY IN WRITING TO THE BOARD OF TOWNSHIP 468
TRUSTEES AND THE BOARD OF PARK COMMISSIONERS THAT THE CURRENT 469
MARKET VALUE OF THE LAND THAT EACH BOARD WILL RECEIVE IS AT LEAST 471
EQUAL TO THE CURRENT MARKET VALUE OF THE LAND EXCHANGED, PLUS ANY 472
CASH OR OTHER CONSIDERATION THAT WILL BE RECEIVED AS PART OF THE 473
EXCHANGE. The exchange may include any other terms agreed to 474
between the board of park commissioners and the board of township 475
trustees not otherwise prohibited by law. This section does not 476
authorize exchanges by a board of township trustees that are 477
11
otherwise prohibited by law. Section 511.25 of the Revised Code 478
does not apply to exchanges authorized by this section. 479
Sec. 511.25. IF THE BOARD OF PARK COMMISSIONERS OF A 482
TOWNSHIP PARK DISTRICT FINDS THAT ANY LANDS THAT THE BOARD HAS
ACQUIRED ARE NOT NECESSARY FOR THE PURPOSES FOR WHICH THEY WERE 483
ACQUIRED, IT MAY SELL AND DISPOSE OF THOSE LANDS UPON TERMS THAT 485
THE BOARD CONSIDERS ADVISABLE AND MAY REJECT ANY PURCHASE BID
RECEIVED UNDER THIS SECTION THAT THE BOARD DETERMINES DOES NOT 486
MEET ITS TERMS FOR SALE. 487
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO LANDS 489
SHALL BE SOLD WITHOUT FIRST GIVING NOTICE OF THE BOARD'S 490
INTENTION TO SELL THE LANDS BY PUBLICATION ONCE A WEEK FOR FOUR 491
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 492
TOWNSHIP. THE NOTICE SHALL CONTAIN AN ACCURATE DESCRIPTION OF 493
THE LANDS BEING OFFERED FOR SALE AND SHALL STATE THE TIME AND 494
PLACE AT WHICH SEALED BIDS FOR THE LANDS WILL BE RECEIVED. IF 495
THE BOARD REJECTS ALL OF THE PURCHASE BIDS, IT MAY REOFFER THE 496
LANDS FOR SALE IN ACCORDANCE WITH THIS SECTION. 497
THE BOARD ALSO MAY SELL PARK LANDS NOT NECESSARY FOR 500
DISTRICT PURPOSES TO ANOTHER POLITICAL SUBDIVISION, THE STATE, OR 501
THE FEDERAL GOVERNMENT WITHOUT GIVING THE NOTICES OR TAKING BIDS 502
AS OTHERWISE REQUIRED BY THIS SECTION. 503
NO LANDS ACQUIRED BY A TOWNSHIP PARK DISTRICT MAY BE SOLD 505
WITHOUT THE APPROVAL OF THE COURT OF COMMON PLEAS OF THE COUNTY 506
IN WHICH THE PARK DISTRICT IS LOCATED, IF THE COURT APPOINTED THE 508
BOARD UNDER SECTION 511.18 OF THE REVISED CODE, OR THE APPROVAL 510
OF THE BOARD OF TOWNSHIP TRUSTEES, IF THE BOARD OF TOWNSHIP 511
TRUSTEES APPOINTED THE BOARD OF PARK COMMISSIONERS UNDER SECTION 514
511.18 OF THE REVISED CODE. 516
Sec. 511.27. (A) To defray the expenses of the township 525
park district and for the purchasing, appropriating, operating, 526
maintaining, and improving lands for parks or recreational 527
purposes, the township board of park commissioners may levy a 528
sufficient tax within the ten-mill limitation, not to exceed one 529
12
mill on each dollar of valuation on all real and personal 530
property within the township, and on all real and personal 531
property within any municipal corporation which THAT is within 532
the township, or which THAT was within the township at the time 534
that the park district was established, or the boundaries of 536
which are coterminous with or include the township. Such THE 537
levy shall be over and above all other taxes and limitations on 539
such property authorized by law. 540
(B) Except as otherwise provided in division (C) of this 542
section, the township board of park commissioners may, not less 543
than seventy-five days before the day of the election, MAY 545
declare by resolution that the amount of taxes which THAT may be 547
raised within the ten-mill limitation will be insufficient to 548
provide an adequate amount for the necessary requirements of the 549
district and that it is necessary to levy a tax in excess of such 550
THAT limitation for the use of the district. The resolution 551
shall specify the purpose for which the taxes shall be used, the 552
annual rate proposed, and the number of consecutive years the 553
levy will be in effect. Upon the adoption of the resolution, the 554
question of levying the taxes shall be submitted to the electors 555
of the township and the electors of any municipal corporation 556
which THAT is within the township, or which THAT was within the 558
township at the time that the park district was established, or 560
the boundaries of which are coterminous with or include the 561
township, at a special election to be held on whichever of the 563
following occurs first:
(1) The day of the next ensuing general election; 565
(2) The first Tuesday after the first Monday in May of any 568
calendar year, except that, if a presidential primary election is 569
held in that calendar year, then the day of that election. The 570
THE rate submitted to the electors at any one time ELECTION 573
shall not exceed two mills annually upon each dollar of 574
valuation. If a majority of the electors voting upon the 575
question of the levy vote in favor thereof OF THE LEVY, the tax 576
13
shall be levied on all real and personal property within the 578
township and on all real and personal property within any 579
municipal corporation which THAT is within the township, or which 580
THAT was within the township at the time that the park district 582
was established, or the boundaries of which are coterminous with 583
or include the township, and such THE levy shall be over and 585
above all other taxes and limitations on such property authorized 586
by law.
(C) In any township park district that contains only 588
unincorporated territory and where, IF the township board of park 590
commissioners is appointed by the board of township trustees, 591
before a tax can be levied and certified to the county auditor 592
pursuant to section 5705.34 of the Revised Code or before a 593
resolution for a tax levy can be certified to the board of 594
elections pursuant to section 511.28 of the Revised Code, the 595
township board of park commissioners shall receive approval for 596
its levy request from the board of township trustees. The 597
township board of park commissioners shall adopt a resolution 598
requesting the board of township trustees to approve the levy 599
request, stating the annual rate of the proposed levy and the 600
reason for the levy request. On receiving this request, the 601
board of township trustees shall vote on whether to approve the 602
request, and, if a majority votes to approve it, shall issue a 603
resolution approving such a THE levy at the requested rate. 604
Sec. 511.30. (A) IN ADDITION TO ANY POWER GRANTED TO 607
TOWNSHIP PARK DISTRICTS TO ISSUE SECURITIES UNDER OTHER 608
PROVISIONS OF THE REVISED CODE, A TOWNSHIP PARK DISTRICT MAY 611
ISSUE REVENUE SECURITIES AS AUTHORIZED IN THIS SECTION. FOR
PURPOSES OF THIS SECTION, "SECURITIES" HAS THE SAME MEANING AS IN 613
DIVISION (KK) OF SECTION 133.01 OF THE REVISED CODE. 615
(B) A TOWNSHIP PARK DISTRICT MAY ISSUE REVENUE SECURITIES 618
TO FUND OR REFUND REVENUE SECURITIES PREVIOUSLY ISSUED, OR TO 619
RAISE MONEY TO PAY FOR AND IMPROVE PARKS OR RECREATIONAL 620
FACILITIES. 621
14
(C) A TOWNSHIP PARK DISTRICT SHALL ESTABLISH RATES, 624
CHARGES, OR RENTS FOR THE USE, AVAILABILITY, OR RENTAL OF THE 625
FACILITIES TO WHICH THE FINANCING RELATES, WHICH RATES, CHARGES, 626
OR RENTS SHALL BE DESIGNED TO PROVIDE REVENUES TO THE PARK 627
DISTRICT SUFFICIENT TO PAY THE COSTS OF ALL CURRENT EXPENSES OF 628
THE FACILITIES PAYABLE BY THE PARK DISTRICT, TO PAY THE DEBT 629
CHARGES ON THE SECURITIES, AND TO ESTABLISH AND MAINTAIN ANY 630
CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES 631
OR THE FACILITIES. 632
(D) REVENUE SECURITIES ISSUED UNDER THIS SECTION SHALL NOT 635
BE GENERAL OBLIGATIONS OF THE TOWNSHIP PARK DISTRICT. THE 636
REVENUE SECURITIES SHALL BE SECURED ONLY BY A PLEDGE OF AND LIEN 638
UPON THE REVENUES OF THE PARK DISTRICT DERIVED FROM ITS OWNERSHIP 639
OR OPERATION OF THE FACILITIES, INCLUDING THE RATES, CHARGES, OR 640
RENTS REFERRED TO IN DIVISION (C) OF THIS SECTION AND ANY 641
INTEREST SUBSIDIES OR DEBT CHARGES, GRANTS, OR OTHER PAYMENTS BY 642
FEDERAL OR STATE AGENCIES AVAILABLE FOR THIS PURPOSE, AND THE 643
COVENANTS OF THE PARK DISTRICT TO MAINTAIN SUFFICIENT RATES, 644
CHARGES, AND RENTS TO PRODUCE REVENUES SUFFICIENT TO PAY ALL 645
CURRENT EXPENSES OF THE FACILITIES PAYABLE BY THE PARK DISTRICT, 646
TO PAY THE DEBT CHARGES ON THE SECURITIES, AND TO ESTABLISH AND 648
MAINTAIN ANY CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE 649
SECURITIES OR THE FACILITIES, AND, IF THE SECURITIES ARE
ANTICIPATORY SECURITIES, TO ISSUE THE REVENUE SECURITIES IN 650
ANTICIPATION OF THE ISSUANCE OF WHICH THE SECURITIES ARE ISSUED. 652
REVENUE SECURITIES ALSO MAY BE SECURED BY A PLEDGE OF AND LIEN ON 653
THE PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR REFUND THOSE 654
REVENUE SECURITIES.
(E) THE TOWNSHIP PARK DISTRICT OFFICERS AUTHORIZED BY THE 657
BOARD OF PARK COMMISSIONERS SHALL EXECUTE THE NECESSARY 658
DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, TRUST AGREEMENTS AND 659
LEASES, TO PROVIDE FOR THE PLEDGE, PROTECTION, AND DISPOSITION OF 660
THE PLEDGED REVENUES FROM WHICH DEBT CHARGES AND ANY SPECIAL FUND 661
DEPOSITS ARE TO BE PAID. 662
15
(F) AS LONG AS ANY OF THESE REVENUE SECURITIES, IN EITHER 665
ORIGINAL OR REFUNDED FORM, REMAIN OUTSTANDING, EXCEPT AS 666
OTHERWISE PROVIDED IN THE DOCUMENTS REFERRED TO IN DIVISION (E) 667
OF THIS SECTION, ALL PARTS OF THE FACILITIES THE REVENUES FROM 668
WHICH ARE PLEDGED SHALL REMAIN UNDER THE CONTROL OF THE BOARD OF 670
PARK COMMISSIONERS, WHETHER ANY PARTS OF THE FACILITIES ARE
LEASED TO OR OPERATED BY OTHERS OR ARE IN OR THEREAFTER COME 671
WITHIN THE BOUNDARIES OF ANY MUNICIPAL CORPORATION, AND THE 672
FACILITIES SHALL REMAIN SUBJECT TO THE POWER AND DUTY OF THE 673
BOARD OF PARK COMMISSIONERS TO FIX AND COLLECT RATES, CHARGES, OR 675
RENTS FOR THE USE OF FACILITIES.
(G) SECTIONS 9.98 TO 9.983 OF THE REVISED CODE APPLY TO 679
REVENUE SECURITIES ISSUED UNDER THIS SECTION. 680
(H) REVENUE SECURITIES ISSUED UNDER THIS SECTION, THEIR 683
TRANSFER, AND ANY INCOME FROM THEM, INCLUDING ANY PROFIT MADE ON 684
THEIR SALE, SHALL AT ALL TIMES BE FREE FROM TAXATION WITHIN THE 685
STATE. 686
(I) THE APPOINTING AUTHORITY OF THE BOARD OF PARK 688
COMMISSIONERS OF ANY TOWNSHIP PARK DISTRICT THAT PROPOSES TO 689
ISSUE REVENUE SECURITIES UNDER THIS SECTION SHALL APPROVE THAT 690
PROPOSAL BY RESOLUTION BEFORE THE PARK DISTRICT ISSUES THE 691
REVENUE SECURITIES.
Sec. 511.37. The board of township trustees of any 700
township may make contributions of moneys, LANDS, supplies, 701
equipment, office facilities, and other personal property or 703
services to any board of park commissioners OF A PARK DISTRICT 704
THAT IS established pursuant to SECTION 511.18 OR Chapter 1545. 706
of the Revised Code AND WHOSE TERRITORY OVERLAPS THE TERRITORY OF 707
THE TOWNSHIP IN WHOLE OR IN PART, for the expenses PURPOSES of 709
park planning, acquisition, management, and improvement. The 710
board of park commissioners may accept such THE contributions 711
without the approval of the terms by the probate judge APPOINTING 713
AUTHORITY, IF APPLICABLE. 714
Any moneys contributed by the board of township trustees 716
16
for such THOSE purposes shall be drawn from the general fund in 717
the township treasury not otherwise appropriated. The board of 719
township trustees may anticipate the contributions of moneys for 720
such THOSE purposes and enter the amount of such THE 722
contributions in its annual statement to the county budget 723
commission for inclusion in the budget upon which rates of 724
taxation are based.
Sec. 755.16. (A) Any municipal corporation, township, 733
township park district, county, or school district, jointly with 734
any one or more other municipal corporations, townships, township 735
park districts, counties, or school districts, in any 736
combination, and a joint recreation district, may acquire 737
property for, construct, operate, and maintain any parks, 738
playgrounds, playfields, gymnasiums, public baths, swimming 740
pools,, indoor recreation centers, or community centers, and any
school district may provide by the erection of any school 741
building or school premises, or BY the enlargement OF, addition 742
thereto TO, or reconstruction or improvement thereof OF ANY 744
SCHOOL BUILDING OR SCHOOL PREMISES, for the inclusion of any such 745
parks, recreational facilities, and community centers to be 746
jointly acquired, operated, and maintained. Any municipal 747
corporation, township, township park district, county, or school 748
district, jointly with any one or more other municipal 749
corporations, townships, township park districts, counties, or 750
school districts, in any combination, and a joint recreation 751
district, may equip, operate, and maintain such parks, 752
recreational facilities, and community centers and may 753
appropriate money therefor FOR THEM.
Any municipal corporation, township, township park 755
district, county, or school district agreeing to jointly acquire, 756
construct, operate, or maintain parks, recreational facilities, 757
and community centers pursuant to this section may contribute 758
such lands, money, other personal property, or services to the 759
joint venture, as may be agreed upon. Any agreement shall 760
17
specify the rights of the parties in any lands or personal 761
property contributed. 762
Any lands acquired by a township park district pursuant to 764
Chapter 511. of the Revised Code and established as a free public 765
park or parks may be contributed to a joint venture authorized by 766
this section, but shall remain free and open for public use, 767
except that fees. FEES may be charged in connection with the use 769
of any recreational facilities and community centers that may be 770
constructed thereon ON THOSE LANDS. 771
(B) Any township may, jointly with a private land owner, 773
construct, operate, equip, and maintain free public playgrounds 774
and playfields. Any equipment provided by a township pursuant to 775
this division shall remain township property and shall be used 776
subject to a right of removal by the township. 777
(C) As used in this section and in sections 755.17 and 779
755.18 of the Revised Code, "community centers" means facilities 780
characterized by all of the following: 781
(1) They are acquired, constructed, operated, or 783
maintained by political subdivisions, school districts, or a 784
joint recreation district pursuant to division (A) of this 785
section;. 786
(2) They may be used for governmental, civic, or 788
educational operations or recreational activities;. 789
(3) They may be used only by the entities that acquire, 791
construct, operate, or maintain them or by any other person upon 792
terms and conditions determined by those entities. 793
Sec. 5705.19. This section does not apply to school 802
districts or county school financing districts. 803
The taxing authority of any subdivision at any time and in 805
any year, by vote of two-thirds of all the members of the taxing 806
authority, may declare by resolution and certify the resolution 807
to the board of elections not less than seventy-five days before 808
the election upon which it will be voted that the amount of taxes 809
that may be raised within the ten-mill limitation will be 810
18
insufficient to provide for the necessary requirements of the 811
subdivision and that it is necessary to levy a tax in excess of 812
that limitation for any of the following purposes: 813
(A) For current expenses of the subdivision, except that 815
the total levy for current expenses of a detention home district 816
or district organized under section 2151.65 of the Revised Code 817
shall not exceed two mills and that the total levy for current 818
expenses of a combined district organized under sections 2151.34 819
and 2151.65 of the Revised Code shall not exceed four mills; 820
(B) For the payment of debt charges on certain described 822
bonds, notes, or certificates of indebtedness of the subdivision 823
issued subsequent to January 1, 1925; 824
(C) For the debt charges on all bonds, notes, and 826
certificates of indebtedness issued and authorized to be issued 827
prior to January 1, 1925; 828
(D) For a public library of, or supported by, the 830
subdivision under whatever law organized or authorized to be 831
supported; 832
(E) For a municipal university, not to exceed two mills 834
over the limitation of one mill prescribed in section 3349.13 of 835
the Revised Code; 836
(F) For the construction or acquisition of any specific 838
permanent improvement or class of improvements that the taxing 839
authority of the subdivision may include in a single bond issue; 840
(G) For the general construction, reconstruction, 842
resurfacing, and repair of streets, roads, and bridges in 843
municipal corporations, counties, or townships; 844
(H) For recreational purposes; 846
(I) For the purpose of providing and maintaining fire 848
apparatus, appliances, buildings, or sites therefor, or sources 849
of water supply and materials therefor, or the establishment and 850
maintenance of lines of fire alarm telegraph, or the payment of 851
permanent, part-time, or volunteer firefighters or fire-fighting 853
FIREFIGHTING companies to operate the same, including the payment 854
19
of the firefighter employers' contribution required under section 856
742.34 of the Revised Code, or to THE purchase OF ambulance 858
equipment, or to provide THE PROVISION OF ambulance, paramedic, 860
or other emergency medical services operated by a fire department 862
or fire-fighting FIREFIGHTING company; 863
(J) For the purpose of providing and maintaining motor 865
vehicles, communications, and other equipment used directly in 866
the operation of a police department, or the payment of salaries 867
of permanent police personnel, including the payment of the 868
police officer employers' contribution required under section 870
742.33 of the Revised Code, or the payment of the costs incurred 871
by townships as a result of contracts made with other political 872
subdivisions in order to obtain police protection, or to provide 873
THE PROVISION OF ambulance or emergency medical services operated 874
by a police department; 875
(K) For the maintenance and operation of a county home; 877
(L) For community mental retardation and developmental 879
disabilities programs and services pursuant to Chapter 5126. of 880
the Revised Code, except that the procedure for such levies shall 881
be as provided in section 5705.222 of the Revised Code; 882
(M) For regional planning; 884
(N) For a county's share of the cost of maintaining and 886
operating schools, district detention homes, forestry camps, or 887
other facilities, or any combination thereof, established under 888
section 2151.34 or 2151.65 of the Revised Code or both of those 889
sections; 890
(O) For providing for flood defense, providing and 892
maintaining a flood wall or pumps, and other purposes to prevent 893
floods; 894
(P) For maintaining and operating sewage disposal plants 896
and facilities; 897
(Q) For the purpose of purchasing, acquiring, 899
constructing, enlarging, improving, equipping, repairing, 900
maintaining, or operating, or any combination of the foregoing, a 901
20
county transit system pursuant to sections 306.01 to 306.13 of 902
the Revised Code, or to make OF MAKING any payment to a board of 903
county commissioners operating a transit system or a county 905
transit board pursuant to section 306.06 of the Revised Code; 906
(R) For the subdivision's share of the cost of acquiring 908
or constructing any schools, forestry camps, detention homes, or 909
other facilities, or any combination thereof, under section 910
2151.34 or 2151.65 of the Revised Code or both of those sections; 911
(S) For the prevention, control, and abatement of air 913
pollution; 914
(T) For maintaining and operating cemeteries; 916
(U) For providing ambulance service, emergency medical 918
service, or both; 919
(V) For providing for the collection and disposal of 921
garbage or refuse, including yard waste; 922
(W) For the payment of the police officer employers' 925
contribution or the firefighter employers' contribution required 928
under sections 742.33 and 742.34 of the Revised Code; 929
(X) For the construction and maintenance of a drainage 931
improvement pursuant to section 6131.52 of the Revised Code; 932
(Y) For providing or maintaining senior citizens services 934
or facilities as authorized by section 307.694, 307.85, 505.70, 935
OR 505.706, or division (EE) of section 717.01 of the Revised 936
Code;
(Z) For the provision and maintenance of zoological park 938
services and facilities as authorized under section 307.76 of the 939
Revised Code; 940
(AA) For the maintenance and operation of a free public 942
museum of art, science, or history; 943
(BB) For the establishment and operation of a 9-1-1 945
system, as defined in section 4931.40 of the Revised Code; 946
(CC) For the purpose of acquiring, rehabilitating, or 948
developing rail property or rail service. As used in this 949
division, "rail property" and "rail service" have the same 950
21
meanings as in section 4981.01 of the Revised Code. This 951
division applies only to a county, township, or municipal 952
corporation. 953
(DD) For the purpose of acquiring property for, 955
constructing, operating, and maintaining community centers as 956
provided for in section 755.16 of the Revised Code; 957
(EE) For the creation and operation of an office or joint 959
office of economic development, for any economic development 960
purpose of the office, and to otherwise provide for the 961
establishment and operation of a program of economic development 962
pursuant to sections 307.07 and 307.64 of the Revised Code; 963
(FF) For the purpose of acquiring, establishing, 965
constructing, improving, equipping, maintaining, or operating, or 966
any combination of the foregoing, a township airport, landing 967
field, or other air navigation facility pursuant to section 968
505.15 of the Revised Code; 969
(GG) For the payment of costs incurred by a township as a 971
result of a contract made with a county pursuant to section 972
505.263 of the Revised Code in order to pay all or any part of 973
the cost of constructing, maintaining, repairing, or operating a 974
water supply improvement; 975
(HH) For a board of township trustees to acquire, other 977
than by appropriation, an ownership interest in land, water, or 978
wetlands, or to restore or maintain land, water, or wetlands in 979
which the board has such an OWNERSHIP interest, not for purposes 980
of recreation, but for the purposes of protecting and preserving 982
the natural, scenic, open, or wooded condition of the land, 983
water, or wetlands against modification or encroachment resulting 984
from occupation, development, or other use, which may be styled 985
as protecting or preserving "greenspace" in the resolution, 986
notice of election, or ballot form; 987
(II) For the support by a county of a crime victim 989
assistance program that is provided and maintained by a county 990
agency or a private, nonprofit corporation or association under 991
22
section 307.62 of the Revised Code; 992
(JJ) For any or all of the purposes set forth in divisions 994
(I) and (J) of this section. This division applies only to a 995
township. 996
(KK) For a countywide public safety communications system 998
under section 307.63 of the Revised Code. This division applies 999
only to counties. 1,000
(LL) For the support by a county of criminal justice 1,002
services under section 307.45 of the Revised Code; 1,003
(MM) For the purpose of maintaining and operating a jail 1,005
or other detention facility as defined in section 2921.01 of the 1,006
Revised Code; 1,007
(NN) For purchasing, maintaining, or improving, or any 1,009
combination of the foregoing, real estate on which to hold 1,010
agricultural fairs. This division applies only to a county. 1,011
(OO) For constructing, rehabilitating, repairing, or 1,013
maintaining sidewalks, walkways, trails, bicycle pathways, or 1,014
similar improvements, or acquiring ownership interests in land 1,015
necessary for the foregoing improvements, by a board of township 1,016
trustees;
(PP) For both of the purposes set forth in divisions (G) 1,018
and (OO) of this section. This division applies only to a 1,019
township.
(QQ) FOR BOTH OF THE PURPOSES SET FORTH IN DIVISIONS (H) 1,021
AND (HH) OF THIS SECTION. THIS DIVISION APPLIES ONLY TO A 1,022
TOWNSHIP.
(RR) For the legislative authority of a municipal 1,024
corporation, board of county commissioners of a county, or board 1,025
of township trustees of a township to acquire agricultural 1,026
easements, as defined in section 5301.67 of the Revised Code, and 1,028
to supervise and enforce the easements. 1,029
The resolution shall be confined to the purpose or purposes 1,032
described in one division of this section, to which the revenue 1,033
derived therefrom shall be applied. The existence in any other 1,034
23
division of this section of authority to levy a tax for any part 1,035
or all of the same purpose or purposes does not preclude the use 1,036
of such revenues for any part of the purpose or purposes of the 1,037
division under which the resolution is adopted. 1,038
The resolution shall specify the amount of the increase in 1,040
rate that it is necessary to levy, the purpose thereof OF THAT 1,041
INCREASE IN RATE, and the number of years during which the 1,043
increase in rate shall be in effect, which may or may not include 1,044
a levy upon the duplicate of the current year. The number of 1,045
years may be any number not exceeding five, except as follows: 1,046
(1) When the additional rate is for the payment of debt 1,048
charges, the increased rate shall be for the life of the 1,049
indebtedness. 1,050
(2) When the additional rate is for any of the following, 1,052
the increased rate shall be for a continuing period of time: 1,053
(a) For the current expenses for a detention home 1,055
district, a district organized under section 2151.65 of the 1,056
Revised Code, or a combined district organized under sections 1,057
2151.34 and 2151.65 of the Revised Code; 1,058
(b) For providing a county's share of the cost of 1,060
maintaining and operating schools, district detention homes, 1,061
forestry camps, or other facilities, or any combination thereof, 1,062
established under section 2151.34 or 2151.65 of the Revised Code 1,063
or under both of those sections. 1,064
(3) When the additional rate is for any of the following, 1,066
the increased rate may be for a continuing period of time: 1,067
(a) For the purposes set forth in division (I), (J), (U), 1,069
or (KK) of this section; 1,070
(b) For the maintenance and operation of a joint 1,072
recreation district; 1,073
(c) A levy imposed by a township for the purposes set 1,075
forth in division (G) of this section. 1,076
(4) When the increase is for the purpose set forth in 1,078
division (D) or (CC) of this section or for both of the purposes 1,079
24
set forth in divisions (G) and (OO) of this section, the tax levy 1,080
may be for any specified number of years or for a continuing 1,082
period of time, as set forth in the resolution. 1,083
(5) When the additional rate is for the purpose described 1,085
in division (Z) of this section, the increased rate shall be for 1,086
any number of years not exceeding ten. 1,087
A levy for the purposes set forth in division (I), (J), or 1,089
(U) of this section, and a levy imposed by a township for the 1,090
purposes set forth in division (G) of this section, may be 1,091
reduced pursuant to section 5705.261 or 5705.31 of the Revised 1,092
Code. A levy for the purposes set forth in division (I), (J), or 1,093
(U) of this section, and a levy imposed by a township for the 1,094
purposes set forth in division (G) of this section, may also be 1,095
terminated or permanently reduced by the taxing authority if it 1,096
adopts a resolution stating that the continuance of the levy is 1,097
unnecessary and the levy shall be terminated or that the millage 1,098
is excessive and the levy shall be decreased by a designated 1,099
amount. 1,100
A resolution of a detention home district, a district 1,102
organized under section 2151.65 of the Revised Code, or a 1,103
combined district organized under both sections 2151.34 and 1,104
2151.65 of the Revised Code may include both current expenses and 1,105
other purposes, provided that the resolution shall apportion the 1,106
annual rate of levy between the current expenses and THE other 1,107
purpose or purposes. The apportionment need not be the same for 1,108
each year of the levy, but the respective portions of the rate 1,109
actually levied each year for the current expenses and the other 1,110
purpose or purposes shall be limited by the apportionment. 1,111
Whenever a board of county commissioners, acting either as 1,113
the taxing authority of its county or as the taxing authority of 1,114
a sewer district or subdistrict created under Chapter 6117. of 1,115
the Revised Code, by resolution declares it necessary to levy a 1,116
tax in excess of the ten-mill limitation for the purpose of 1,117
constructing, improving, or extending sewage disposal plants or 1,118
25
sewage systems, the tax may be in effect for any number of years 1,119
not exceeding twenty, and the proceeds thereof OF THE TAX, 1,120
notwithstanding the general provisions of this section, may be 1,122
used to pay debt charges on any obligations issued and 1,123
outstanding on behalf of the subdivision for the purposes 1,124
enumerated in this paragraph, provided that any such obligations 1,125
have been specifically described in the resolution. 1,126
The resolution shall go into immediate effect upon its 1,128
passage, and no publication of the resolution is necessary other 1,129
than that provided for in the notice of election. 1,130
When the electors of a subdivision have approved a tax levy 1,132
under this section, the taxing authority of the subdivision may 1,133
anticipate a fraction of the proceeds of the levy and issue 1,134
anticipation notes in accordance with section 5705.191 or 1,135
5705.193 of the Revised Code. 1,136
Section 2. That existing sections 511.18, 511.19, 511.20, 1,138
511.21, 511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 755.16, 1,139
and 5705.19 and section 511.25 of the Revised Code are hereby 1,141
repealed.
Section 3. Any township park district with a five-member 1,144
board of park commissioners on the effective date of this act 1,145
shall be succeeded by a board serving staggered terms of office. 1,146
Of the appointees whose terms of office commence on the second 1,147
Monday of May immediately after the effective date of this act, 1,148
two shall serve one-year terms, two shall serve two-year terms, 1,149
and one shall serve a three-year term. Thereafter, terms of 1,150
office for successive appointees shall be for three years, as 1,151
provided in division (B) of section 511.19 of the Revised Code as 1,152
amended by this act.
Section 4. For a period of ninety days after the effective 1,154
date of this act, if the board of park commissioners of a 1,155
township park district created before 1955 is appointed by the 1,156
board of township trustees, the board of township trustees may 1,158
adopt a resolution to convert the parks owned and operated by the 1,159
26
park district into parks owned and operated by the township if 1,160
the township has a population of less than 35,000 and a 1,161
geographical area of less than fifteen square miles. Upon the
adoption of that resolution, the township park district shall 1,163
cease to exist, all real and personal property owned by the park 1,164
district shall be transferred to the township, and the township 1,165
shall assume liability with respect to all contracts and debts of 1,166
the park district. All employees of the township park district 1,167
whose parks are so converted into township parks shall become 1,168
township employees, and the board of township trustees may retain 1,169
the former park commissioners, on the terms that the trustees 1,170
consider appropriate, to operate the property formerly owned by 1,171
the township park district. 1,172
The township shall continue to collect any taxes levied 1,174
within the former township park district, and the taxes shall be 1,175
deposited into the township treasury as funds to be used for the 1,176
park purposes for which they were levied. 1,177
Within fifteen days after the adoption of a township park 1,179
district conversion resolution under this section, the clerk of 1,180
the board of township trustees shall certify a copy of that 1,181
resolution to the county auditor. 1,182