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           

                                                          3      


                                                                 
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          

                                                          6      


                                                                 
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