As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 417 5
1999-2000 6
REPRESENTATIVES O'BRIEN-WINKLER-SCHULER-BATEMAN-CALLENDER- 8
CORBIN-HARTNETT-PATTON-HOOPS-EVANS-CLANCY-VERICH-LUEBBERS- 9
PETERSON-YOUNG-TIBERI-PERRY-STEVENS-BARNES-CATES-ASLANIDES- 10
SENATORS SCHAFRATH-GARDNER-BLESSING 11
_________________________________________________________________ 13
A B I L L
To amend sections 511.18, 511.19, 511.20, 511.21, 15
511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 16
755.16, and 5705.19, to enact new section 511.25 17
and section 511.30, and to repeal section 511.25 18
of the Revised Code to revise the Township Park 19
District Law, to provide for the conversion of 20
certain township park districts for a temporary 21
time period, and to permit a township to submit a
combined tax levy for recreational purposes and 22
greenspace.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 511.18, 511.19, 511.20, 511.21, 26
511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 755.16, and 27
5705.19 be amended and new section 511.25 and section 511.30 of 28
the Revised Code be enacted to read as follows: 29
Sec. 511.18. (A) When any number of electors in a 38
township, including the electors of all municipal corporations 39
therein IN THE TOWNSHIP, equal to or exceeding one-tenth of the 40
total vote cast in such THE township at the most recent general 42
election, files a petition with the board of township trustees 43
for proceedings to organize a park district and to establish one 44
or more free public parks within such THE township, the board 45
shall certify such THAT fact to the court of common pleas of the 47
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county, which court, or a judge of the court, shall appoint a 48
board of park commissioners for the township. However, if an 50
entire park district is contained within the unincorporated area 51
of the township, the board of township trustees, instead of the 52
court of common pleas of the county, shall, regardless of when 53
the park district was established, appoint the board of park 54
commissioners, unless the board of township trustees, by 55
unanimous vote, adopts a resolution authorizing the court of 56
common pleas to appoint the board of park commissioners. If FOR 57
PURPOSES OF THIS DIVISION, AN ENTIRE PARK DISTRICT SHALL BE 58
CONSIDERED TO BE CONTAINED WITHIN THE UNINCORPORATED AREA OF THE 59
TOWNSHIP IF THE ELECTORS OF THE UNINCORPORATED AREA WOULD BE THE 60
ONLY PERSONS ENTITLED TO VOTE ON A TAX LEVY SUBMITTED UNDER
DIVISION (B) OF SECTION 511.27 OF THE REVISED CODE, REGARDLESS OF 61
WHERE REAL PROPERTY OWNED BY THE DISTRICT IS LOCATED. 62
IF the board of township trustees adopts such a resolution 65
DESCRIBED IN THIS DIVISION, the court, or a judge of the court, 66
shall appoint the board of park commissioners. If, at any time 67
after the adoption of such a THAT resolution, the board of 69
township trustees wishes to rescind the resolution and again 70
assume the authority provided under this section DIVISION to 71
appoint the board of park commissioners, it may adopt a 73
resolution, by unanimous vote, rescinding the previous resolution 74
and its authorization for the court of common pleas to appoint 75
the board of park commissioners. After the adoption of such a 76
RESCINDING resolution, the board of township trustees shall 77
appoint the board of park commissioners.
(B)(1) The boundaries of a township park district, 79
regardless REGARDLESS of when the A TOWNSHIP park district was 81
established, shall be coterminous with AT LEAST SEVENTY-FIVE PER 82
CENT OF THE ACREAGE OWNED BY A TOWNSHIP PARK DISTRICT SHALL BE 83
LOCATED WITHIN the boundaries of the township, unless the 84
township has ceased to exist since the establishment of the park 85
district, and except as provided in division (B)(2) of this 86
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section. 87
(2) When a municipal corporation is located within the 89
boundaries of a township where a township park district has been 90
established and the district owns park land within the municipal 91
corporation, any change in the boundaries of the township shall 92
have no effect on the boundaries of the township park district. 93
Sec. 511.19. (A) Except as provided in division (B) of 103
this section, the board of park commissioners shall consist of 104
three suitable resident freeholders ELECTORS. The freeholders 106
ELECTORS may be residents of the township or of any municipal 107
corporation which THAT is located within the township, which THAT 108
was within the township at the time that the park district was 110
established, or the boundaries of which are coterminous with or 111
include the township. One of the commissioners shall serve for 112
one year, one OF THE COMMISSIONERS SHALL SERVE for two years, and 114
one OF THE COMMISSIONERS SHALL SERVE for three years, from the 115
second Monday of May succeeding the appointment, and thereafter 116
one commissioner shall be appointed annually to serve for three 117
years. The court of common pleas, or the board of township 118
trustees if the board of park commissioners is appointed by the 119
board of township trustees, shall fill any vacancy which THAT 120
occurs in the board by death, resignation, or otherwise, by 121
appointment for the unexpired term. 122
(B) If a board of park commissioners is appointed by the 124
board of township trustees, the board of township trustees may 125
appoint a five-member board of park commissioners in lieu of the 126
three-member board provided for in division (A) of this section. 127
Except as provided in this division for the conversion of a 128
three-member board, members of a five-member board of park 129
commissioners shall serve a one-year term THREE-YEAR TERMS. OF 130
THE INITIAL APPOINTEES, TWO SHALL SERVE ONE-YEAR TERMS, TWO SHALL 131
SERVE TWO-YEAR TERMS, AND ONE SHALL SERVE A THREE-YEAR TERM. 132
THEREAFTER, TERMS OF OFFICE FOR SUCCESSIVE APPOINTEES SHALL BE 133
FOR THREE YEARS. All terms shall commence on the second Monday 134
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of May succeeding appointment. Qualifications for members and 135
filling of vacancies on five-member boards shall be the same as 136
provided in division (A) of this section for three-member boards. 137
(C) A board of township trustees may, by resolution, MAY 140
convert a three-member board of park commissioners that THE BOARD 141
OF TOWNSHIP TRUSTEES has been appointed by them to a five-member 143
board of park commissioners. The conversion shall be effective 144
from the second Monday of May succeeding the adoption of the 145
resolution. If a three-member board is converted, any member of 146
the three-member board whose term had not expired on the date of 147
conversion shall serve as one of the five members of the new 148
board until the expiration date of his THAT MEMBER'S term. 149
(D) A BOARD OF TOWNSHIP TRUSTEES, BY RESOLUTION, MAY 151
CONVERT INTO A THREE-MEMBER BOARD OF PARK COMMISSIONERS A 152
FIVE-MEMBER BOARD OF PARK COMMISSIONERS THAT THE BOARD OF 153
TOWNSHIP TRUSTEES HAS APPOINTED. UPON THE EXPIRATION OF THE 154
TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF 155
MAY THAT IMMEDIATELY FOLLOWS THE DATE OF THE RESOLUTION'S 157
ADOPTION, THE BOARD OF TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK 158
COMMISSIONER TO A THREE-YEAR TERM. UPON THE EXPIRATION OF THE 159
TERMS OF ONE OR MORE PARK COMMISSIONERS ON THE SECOND MONDAY OF 160
MAY IN EACH OF THE IMMEDIATELY FOLLOWING TWO YEARS, THE BOARD OF 162
TOWNSHIP TRUSTEES SHALL APPOINT ONE PARK COMMISSIONER TO A 163
THREE-YEAR TERM. DURING THE TRANSITION PERIOD FROM A FIVE-MEMBER 164
BOARD TO A THREE-MEMBER BOARD, ANY MEMBER OF THE FIVE-MEMBER 165
BOARD WHOSE TERM HAS NOT YET EXPIRED SHALL CONTINUE TO SERVE AS A 166
MEMBER UNTIL THAT MEMBER'S TERM EXPIRES. 167
Sec. 511.20. The PRIOR TO THE SUBMISSION TO THE ELECTORS 176
OF THE QUESTION OF WHETHER ONE OR MORE PUBLIC PARKS ARE TO BE 177
ESTABLISHED AS PROVIDED IN SECTION 511.21 OF THE REVISED CODE, 178
THE board of park commissioners shall call to its assistance one 179
or more skilled landscape architects, and, if desired, other 180
expert advice, as to suitable places for the location of one or 181
more free public parks. Such THE board of park commissioners 182
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shall make a written report to the board of township trustees of 184
its findings and recommendations, with an estimate of the cost of 185
the land recommended for park purposes. Before filing such THE 186
report, the board of park commissioners may, for park purposes, 187
MAY take options and receive bids from owners of land. 189
Sec. 511.21. Upon the filing of the report of the board of 198
park commissioners as provided by section 511.20 of the Revised 199
Code, the board of township trustees shall direct the township 200
clerk to give thirty days' notice, by posting in five public 201
places in the township, and by publication in one or more 203
newspapers of general circulation therein IN THE TOWNSHIP, that 204
an election will be held at the next general election to 205
determine whether one or more free public parks are to be 207
established within the township, and the estimated cost of the
land recommended for that purpose. 208
Sec. 511.22. The board of township trustees shall direct 217
the township clerk to file a written notice with the board of 219
elections, not later than four p.m. of the seventy-fifth day 221
before the day of the election, WITH THE BOARD OF ELECTIONS 222
having charge of the preparation of official ballots, that an 223
election will be held as provided by IN section 511.21 of the 224
Revised Code, and that the following shall be printed on the 226
ballot:
"YES SHALL A FREE PUBLIC PARK 229
NO OR PUBLIC PARKS BE ESTABLISHED IN 231
.....(NAME)..... TOWNSHIP?" 233
If a majority of the votes is in favor of the proposition, 236
such a park or parks shall be established for the township. If a 238
majority of the votes cast is against the proposition, the board 239
of park commissioners shall be abolished, and the board of 240
township trustees shall provide for and pay all the proper 241
expenses incurred by it.
Sec. 511.23. (A) When the vote under section 511.21 250
511.22 of the Revised Code is in favor of establishing one or 252
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more free public parks, the board of park commissioners shall 253
constitute a board, to be called the board of park commissioners 254
of that township park district, and they shall be a body politic 255
and corporate. Their office is not a township office within the 256
meaning of section 703.22 of the Revised Code but is an office of 257
the township park district. The members of the board shall serve 258
without compensation but shall be allowed their actual and 259
necessary expenses incurred in the performance of their duties. 260
(B) The board may locate, establish, improve, maintain, 262
and operate a free public park or parks within the township, or, 264
if the township park district contains any incorporated 265
territory, without the township IN ACCORDANCE WITH DIVISION (B) 267
OF SECTION 511.18 OF THE REVISED CODE, with or without
recreational facilities. Any township park district that 268
contains only unincorporated territory and that operated a free 269
public park or parks outside the township immediately prior to 270
July 18, 1990, may continue to improve, maintain, and operate 271
these parks outside the township, but FURTHER ACQUISITIONS OF 272
LAND shall not expand a park or establish any new park outside 274
the township AFFECT THE BOUNDARIES OF THE PARK DISTRICT ITSELF OR 275
THE APPOINTING AUTHORITY FOR THE BOARD OF PARK COMMISSIONERS. 276
The board may LEASE, accept a conveyance of, or purchase 278
SUITABLE LANDS for cash, by purchase by installment payments with 280
or without a mortgage, by entering into LEASE OR lease-purchase 281
agreements, OR by lease with option to purchase, or MAY acquire 283
SUITABLE LANDS through an exchange under section 511.241 of the 285
Revised Code, or MAY appropriate suitable lands and materials for 286
such PARK DISTRICT purposes. THE BOARD ALSO MAY LEASE FACILITIES 287
FROM OTHER POLITICAL SUBDIVISIONS OR PRIVATE SOURCES. The board 288
shall have careful surveys and plats made of the lands acquired 289
for such PARK DISTRICT purposes, and shall establish permanent 291
monuments on the boundaries of the lands. Such THOSE plats, when 292
executed according to sections 711.01 to 711.38 of the Revised 293
Code, shall be recorded in the office of the county recorder, and 294
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such THOSE records shall be admissible in evidence for the 295
purpose of locating and ascertaining the true boundaries of the 296
park or parks.
(C) In furtherance of the use and enjoyment of the lands 298
controlled by it, the board may accept donations of money or 299
other property, or may act as trustees of land, money, or other 300
property, and MAY use and administer the same LAND, MONEY, OR 301
OTHER PROPERTY as stipulated by the donor, or as provided in the 303
trust agreement. The terms of each such donation or trust shall 304
first be approved by the court of common pleas of the county, or 305
by the board of township trustees if the board of park 306
commissioners is appointed by the board of township trustees, 307
before acceptance by the board of park commissioners, but such 308
approval is not required for agreements made pursuant to section 309
755.16 of the Revised Code.
The board may receive and expend grants for park purposes 311
from agencies and instrumentalities of the United States and this 312
state, and may enter into contracts or agreements with such THOSE 314
agencies and instrumentalities to carry out the purposes for
which such THE grants were furnished. 315
(D) In exercising any powers conferred upon the board 317
under divisions (B) and (C) of this section, and for other types 318
of assistance which THAT the board finds necessary in carrying 319
out its duties, the board may hire and contract for professional, 320
technical, consulting, and other special services, and may 321
purchase goods and award contracts. The procuring of goods and 322
awarding of contracts shall be done in accordance with the 323
procedures established for the board of county commissioners by 324
sections 307.86 to 307.91 of the Revised Code. 325
(E) The board may appoint a superintendent AN EXECUTIVE 327
for the park or parks and may designate him THE EXECUTIVE OR 329
ANOTHER PERSON as the clerk of the board. It may appoint all 332
other necessary officers and employees, fix their compensation, 333
and prescribe their duties, OR IT MAY REQUIRE THE EXECUTIVE TO 334
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APPOINT ALL OTHER NECESSARY OFFICERS AND EMPLOYEES, AND TO FIX
THEIR COMPENSATION AND PRESCRIBE THEIR DUTIES, IN ACCORDANCE WITH 335
GUIDELINES AND POLICIES ADOPTED BY THE BOARD. 336
(F) The board may adopt such bylaws and rules as THAT it 338
considers advisable FOR THE FOLLOWING PURPOSES: 339
(1) To prohibit selling, giving away, or using any 341
intoxicating liquors in the park or parks; 342
(2) For the government and control of the park or parks 344
and the operation of motor vehicles therein IN THE PARK OR PARKS; 346
(3) To provide for the protection and preservation of all 348
property and natural life within its jurisdiction. 349
Before such THE bylaws and rules take effect, the board 351
shall provide for a notice of their adoption to be published once 352
a week for two consecutive weeks in a newspaper of general 353
circulation in the county within which the park district is 354
located. 355
No person shall violate any such OF THE bylaws or rules. 357
FINES LEVIED AND COLLECTED FOR VIOLATIONS SHALL BE PAID INTO THE 358
TREASURY OF THE TOWNSHIP PARK DISTRICT. THE BOARD MAY USE MONEYS 359
COLLECTED FROM THOSE FINES FOR ANY PURPOSE THAT IS NOT 360
INCONSISTENT WITH SECTIONS 511.18 TO 511.37 OF THE REVISED CODE. 362
(G) THE BOARD MAY DO EITHER OF THE FOLLOWING: 364
(1) ESTABLISH AND CHARGE FEES FOR THE USE OF ANY 366
FACILITIES AND SERVICES OF THE PARK OR PARKS REGARDLESS OF 367
WHETHER THE PARK OR PARKS WERE ACQUIRED BEFORE, ON, OR AFTER THE 368
EFFECTIVE DATE OF THIS AMENDMENT; 369
(2) ENTER INTO A LEASE AGREEMENT WITH AN INDIVIDUAL OR 371
ORGANIZATION THAT PROVIDES FOR THE EXCLUSIVE USE OF A SPECIFIED 372
PORTION OF THE PARK OR PARKS WITHIN THE TOWNSHIP PARK DISTRICT BY 373
THAT INDIVIDUAL OR ORGANIZATION FOR THE DURATION OF AN EVENT 375
PRODUCED BY THE INDIVIDUAL OR ORGANIZATION. THE BOARD, FOR THE
SPECIFIC PORTION OF THE PARK OR PARKS COVERED BY THE LEASE 376
AGREEMENT, MAY CHARGE A FEE TO, OR PERMIT THE INDIVIDUAL OR 377
ORGANIZATION TO CHARGE A FEE TO, PARTICIPANTS IN AND SPECTATORS 378
9
AT THE EVENT COVERED BY THE AGREEMENT.
(H) IF THE BOARD FINDS THAT REAL OR PERSONAL PROPERTY 380
OWNED BY THE TOWNSHIP PARK DISTRICT IS NOT CURRENTLY NEEDED FOR 381
PARK PURPOSES, THE BOARD MAY LEASE THAT PROPERTY TO OTHER PERSONS 383
OR ORGANIZATIONS DURING ANY PERIOD OF TIME THE BOARD DETERMINES 384
THE PROPERTY WILL NOT BE NEEDED. IF THE BOARD FINDS THAT 385
COMPETITIVE BIDDING ON A LEASE IS NOT FEASIBLE, IT MAY LEASE THE
PROPERTY WITHOUT TAKING BIDS. 386
(I) THE BOARD MAY EXCHANGE PROPERTY OWNED BY THE TOWNSHIP 388
PARK DISTRICT FOR PROPERTY OWNED BY THE STATE, ANOTHER POLITICAL 390
SUBDIVISION, OR THE FEDERAL GOVERNMENT ON TERMS THAT IT CONSIDERS 391
DESIRABLE, WITHOUT THE NECESSITY OF COMPETITIVE BIDDING. 392
(J) Any such rights or duties ESTABLISHED UNDER THIS 394
SECTION may be modified, shared, or assigned by an agreement 396
pursuant to section 755.16 of the Revised Code. 397
Sec. 511.234. (A) The board of park commissioners of a 406
township park district may authorize an officer, employee, or 407
appointee of the board to use a credit card held by the board to 408
pay for expenses related to park district business. The debt 409
incurred as a result of the use of a credit card under this 410
section shall be no more than seven hundred fifty dollars a month 411
and shall be paid from township park district funds. 412
(B) No officer, employee, or appointee of a board of park 414
commissioners who is authorized to use a credit card held by the 415
board shall use it to incur any unauthorized debt against the 416
park district's credit. 417
(C) Whoever violates division (B) of this section is 419
guilty of one of the following: 420
(1) A misdemeanor of the first degree if the amount of the 422
unauthorized debt is no more than one hundred fifty dollars; 423
(2) A felony of the fourth degree if the amount of the 425
unauthorized debt exceeds one hundred fifty dollars. 426
(D) An officer, employee, or appointee may, in a civil 428
action, MAY be found personally liable to the township park 429
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district for his THE OFFICER'S, EMPLOYEE'S, OR APPOINTEE'S 431
unauthorized use of the township park district credit card. 433
(E) Whenever any officer, employee, or appointee 435
authorized to use a credit card held by the board of park 436
commissioners suspects the loss, theft, or possibility of another 437
person's unauthorized use of the credit card he THAT THE OFFICER, 438
EMPLOYEE, OR APPOINTEE is authorized to use, he THE OFFICER, 440
EMPLOYEE, OR APPOINTEE shall so notify the board of park 441
commissioners immediately in writing. The officer, employee, or 442
appointee may be held personally liable for unauthorized debt 443
resulting from such THE loss, theft, or unauthorized use, in the 444
amount of fifty dollars or the amount charged to the credit card 446
as a result of the loss, theft, or unauthorized use, whichever is 447
less.
Sec. 511.241. The board of park commissioners may acquire 456
lands for use by the township park district through an exchange 457
of real property whereby IN WHICH the board of park commissioners 459
leases or conveys to the township all or part of the lands 460
located within the township to which the township park district 461
holds title, in exchange for the lease or conveyance of township 462
land from the board of township trustees to the board of park 463
commissioners. The board of park commissioners and board of 464
township trustees shall use the lands so exchanged for only park 465
purposes BEFORE ANY SUCH EXCHANGE BECOMES EFFECTIVE, THE COUNTY 466
AUDITOR SHALL CERTIFY IN WRITING TO THE BOARD OF TOWNSHIP 467
TRUSTEES AND THE BOARD OF PARK COMMISSIONERS THAT THE CURRENT 468
MARKET VALUE OF THE LAND THAT EACH BOARD WILL RECEIVE IS AT LEAST 470
EQUAL TO THE CURRENT MARKET VALUE OF THE LAND EXCHANGED, PLUS ANY 471
CASH OR OTHER CONSIDERATION THAT WILL BE RECEIVED AS PART OF THE 472
EXCHANGE. The exchange may include any other terms agreed to 473
between the board of park commissioners and the board of township 474
trustees not otherwise prohibited by law. This section does not 475
authorize exchanges by a board of township trustees that are 476
otherwise prohibited by law. Section 511.25 of the Revised Code 477
11
does not apply to exchanges authorized by this section. 478
Sec. 511.25. IF THE BOARD OF PARK COMMISSIONERS OF A 481
TOWNSHIP PARK DISTRICT FINDS THAT ANY LANDS THAT THE BOARD HAS
ACQUIRED ARE NOT NECESSARY FOR THE PURPOSES FOR WHICH THEY WERE 482
ACQUIRED, IT MAY SELL AND DISPOSE OF THOSE LANDS UPON TERMS THAT 484
THE BOARD CONSIDERS ADVISABLE AND MAY REJECT ANY PURCHASE BID
RECEIVED UNDER THIS SECTION THAT THE BOARD DETERMINES DOES NOT 485
MEET ITS TERMS FOR SALE. 486
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO LANDS 488
SHALL BE SOLD WITHOUT FIRST GIVING NOTICE OF THE BOARD'S 489
INTENTION TO SELL THE LANDS BY PUBLICATION ONCE A WEEK FOR FOUR 490
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 491
TOWNSHIP. THE NOTICE SHALL CONTAIN AN ACCURATE DESCRIPTION OF 492
THE LANDS BEING OFFERED FOR SALE AND SHALL STATE THE TIME AND 493
PLACE AT WHICH SEALED BIDS FOR THE LANDS WILL BE RECEIVED. IF 494
THE BOARD REJECTS ALL OF THE PURCHASE BIDS, IT MAY REOFFER THE 495
LANDS FOR SALE IN ACCORDANCE WITH THIS SECTION. 496
THE BOARD ALSO MAY SELL PARK LANDS NOT NECESSARY FOR 499
DISTRICT PURPOSES TO ANOTHER POLITICAL SUBDIVISION, THE STATE, OR 500
THE FEDERAL GOVERNMENT WITHOUT GIVING THE NOTICES OR TAKING BIDS 501
AS OTHERWISE REQUIRED BY THIS SECTION. 502
NO LANDS ACQUIRED BY A TOWNSHIP PARK DISTRICT MAY BE SOLD 504
WITHOUT THE APPROVAL OF THE COURT OF COMMON PLEAS OF THE COUNTY 505
IN WHICH THE PARK DISTRICT IS LOCATED, IF THE COURT APPOINTED THE 507
BOARD UNDER SECTION 511.18 OF THE REVISED CODE, OR THE APPROVAL 509
OF THE BOARD OF TOWNSHIP TRUSTEES, IF THE BOARD OF TOWNSHIP 510
TRUSTEES APPOINTED THE BOARD OF PARK COMMISSIONERS UNDER SECTION 513
511.18 OF THE REVISED CODE. 515
Sec. 511.27. (A) To defray the expenses of the township 524
park district and for the purchasing, appropriating, operating, 525
maintaining, and improving lands for parks or recreational 526
purposes, the township board of park commissioners may levy a 527
sufficient tax within the ten-mill limitation, not to exceed one 528
mill on each dollar of valuation on all real and personal 529
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property within the township, and on all real and personal 530
property within any municipal corporation which THAT is within 531
the township, or which THAT was within the township at the time 533
that the park district was established, or the boundaries of 535
which are coterminous with or include the township. Such THE 536
levy shall be over and above all other taxes and limitations on 538
such property authorized by law. 539
(B) Except as otherwise provided in division (C) of this 541
section, the township board of park commissioners may, not less 542
than seventy-five days before the day of the election, MAY 544
declare by resolution that the amount of taxes which THAT may be 546
raised within the ten-mill limitation will be insufficient to 547
provide an adequate amount for the necessary requirements of the 548
district and that it is necessary to levy a tax in excess of such 549
THAT limitation for the use of the district. The resolution 550
shall specify the purpose for which the taxes shall be used, the 551
annual rate proposed, and the number of consecutive years the 552
levy will be in effect. Upon the adoption of the resolution, the 553
question of levying the taxes shall be submitted to the electors 554
of the township and the electors of any municipal corporation 555
which THAT is within the township, or which THAT was within the 557
township at the time that the park district was established, or 559
the boundaries of which are coterminous with or include the 560
township, at a special election to be held on whichever of the 562
following occurs first:
(1) The day of the next ensuing general election; 564
(2) The first Tuesday after the first Monday in May of any 567
calendar year, except that, if a presidential primary election is 568
held in that calendar year, then the day of that election. The 569
THE rate submitted to the electors at any one time ELECTION 572
shall not exceed two mills annually upon each dollar of 573
valuation. If a majority of the electors voting upon the 574
question of the levy vote in favor thereof OF THE LEVY, the tax 575
shall be levied on all real and personal property within the 577
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township and on all real and personal property within any 578
municipal corporation which THAT is within the township, or which 579
THAT was within the township at the time that the park district 581
was established, or the boundaries of which are coterminous with 582
or include the township, and such THE levy shall be over and 584
above all other taxes and limitations on such property authorized 585
by law.
(C) In any township park district that contains only 587
unincorporated territory and where, IF the township board of park 589
commissioners is appointed by the board of township trustees, 590
before a tax can be levied and certified to the county auditor 591
pursuant to section 5705.34 of the Revised Code or before a 592
resolution for a tax levy can be certified to the board of 593
elections pursuant to section 511.28 of the Revised Code, the 594
township board of park commissioners shall receive approval for 595
its levy request from the board of township trustees. The 596
township board of park commissioners shall adopt a resolution 597
requesting the board of township trustees to approve the levy 598
request, stating the annual rate of the proposed levy and the 599
reason for the levy request. On receiving this request, the 600
board of township trustees shall vote on whether to approve the 601
request, and, if a majority votes to approve it, shall issue a 602
resolution approving such a THE levy at the requested rate. 603
Sec. 511.30. (A) IN ADDITION TO ANY POWER GRANTED TO 606
TOWNSHIP PARK DISTRICTS TO ISSUE SECURITIES UNDER OTHER 607
PROVISIONS OF THE REVISED CODE, A TOWNSHIP PARK DISTRICT MAY 610
ISSUE REVENUE SECURITIES AS AUTHORIZED IN THIS SECTION. FOR
PURPOSES OF THIS SECTION, "SECURITIES" HAS THE SAME MEANING AS IN 612
DIVISION (KK) OF SECTION 133.01 OF THE REVISED CODE. 614
(B) A TOWNSHIP PARK DISTRICT MAY ISSUE REVENUE SECURITIES 617
TO FUND OR REFUND REVENUE SECURITIES PREVIOUSLY ISSUED, OR TO 618
RAISE MONEY TO PAY FOR AND IMPROVE PARKS OR RECREATIONAL 619
FACILITIES. 620
(C) A TOWNSHIP PARK DISTRICT SHALL ESTABLISH RATES, 623
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CHARGES, OR RENTS FOR THE USE, AVAILABILITY, OR RENTAL OF THE 624
FACILITIES TO WHICH THE FINANCING RELATES, WHICH RATES, CHARGES, 625
OR RENTS SHALL BE DESIGNED TO PROVIDE REVENUES TO THE PARK 626
DISTRICT SUFFICIENT TO PAY THE COSTS OF ALL CURRENT EXPENSES OF 627
THE FACILITIES PAYABLE BY THE PARK DISTRICT, TO PAY THE DEBT 628
CHARGES ON THE SECURITIES, AND TO ESTABLISH AND MAINTAIN ANY 629
CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES 630
OR THE FACILITIES. 631
(D) REVENUE SECURITIES ISSUED UNDER THIS SECTION SHALL NOT 634
BE GENERAL OBLIGATIONS OF THE TOWNSHIP PARK DISTRICT. THE 635
REVENUE SECURITIES SHALL BE SECURED ONLY BY A PLEDGE OF AND LIEN 637
UPON THE REVENUES OF THE PARK DISTRICT DERIVED FROM ITS OWNERSHIP 638
OR OPERATION OF THE FACILITIES, INCLUDING THE RATES, CHARGES, OR 639
RENTS REFERRED TO IN DIVISION (C) OF THIS SECTION AND ANY 640
INTEREST SUBSIDIES OR DEBT CHARGES, GRANTS, OR OTHER PAYMENTS BY 641
FEDERAL OR STATE AGENCIES AVAILABLE FOR THIS PURPOSE, AND THE 642
COVENANTS OF THE PARK DISTRICT TO MAINTAIN SUFFICIENT RATES, 643
CHARGES, AND RENTS TO PRODUCE REVENUES SUFFICIENT TO PAY ALL 644
CURRENT EXPENSES OF THE FACILITIES PAYABLE BY THE PARK DISTRICT, 645
TO PAY THE DEBT CHARGES ON THE SECURITIES, AND TO ESTABLISH AND 647
MAINTAIN ANY CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE 648
SECURITIES OR THE FACILITIES, AND, IF THE SECURITIES ARE
ANTICIPATORY SECURITIES, TO ISSUE THE REVENUE SECURITIES IN 649
ANTICIPATION OF THE ISSUANCE OF WHICH THE SECURITIES ARE ISSUED. 651
REVENUE SECURITIES ALSO MAY BE SECURED BY A PLEDGE OF AND LIEN ON 652
THE PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR REFUND THOSE 653
REVENUE SECURITIES.
(E) THE TOWNSHIP PARK DISTRICT OFFICERS AUTHORIZED BY THE 656
BOARD OF PARK COMMISSIONERS SHALL EXECUTE THE NECESSARY 657
DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, TRUST AGREEMENTS AND 658
LEASES, TO PROVIDE FOR THE PLEDGE, PROTECTION, AND DISPOSITION OF 659
THE PLEDGED REVENUES FROM WHICH DEBT CHARGES AND ANY SPECIAL FUND 660
DEPOSITS ARE TO BE PAID. 661
(F) AS LONG AS ANY OF THESE REVENUE SECURITIES, IN EITHER 664
15
ORIGINAL OR REFUNDED FORM, REMAIN OUTSTANDING, EXCEPT AS 665
OTHERWISE PROVIDED IN THE DOCUMENTS REFERRED TO IN DIVISION (E) 666
OF THIS SECTION, ALL PARTS OF THE FACILITIES THE REVENUES FROM 667
WHICH ARE PLEDGED SHALL REMAIN UNDER THE CONTROL OF THE BOARD OF 669
PARK COMMISSIONERS, WHETHER ANY PARTS OF THE FACILITIES ARE
LEASED TO OR OPERATED BY OTHERS OR ARE IN OR THEREAFTER COME 670
WITHIN THE BOUNDARIES OF ANY MUNICIPAL CORPORATION, AND THE 671
FACILITIES SHALL REMAIN SUBJECT TO THE POWER AND DUTY OF THE 672
BOARD OF PARK COMMISSIONERS TO FIX AND COLLECT RATES, CHARGES, OR 674
RENTS FOR THE USE OF FACILITIES.
(G) SECTIONS 9.98 TO 9.983 OF THE REVISED CODE APPLY TO 678
REVENUE SECURITIES ISSUED UNDER THIS SECTION. 679
(H) REVENUE SECURITIES ISSUED UNDER THIS SECTION, THEIR 682
TRANSFER, AND ANY INCOME FROM THEM, INCLUDING ANY PROFIT MADE ON 683
THEIR SALE, SHALL AT ALL TIMES BE FREE FROM TAXATION WITHIN THE 684
STATE. 685
(I) THE APPOINTING AUTHORITY OF THE BOARD OF PARK 687
COMMISSIONERS OF ANY TOWNSHIP PARK DISTRICT THAT PROPOSES TO 688
ISSUE REVENUE SECURITIES UNDER THIS SECTION SHALL APPROVE THAT 689
PROPOSAL BY RESOLUTION BEFORE THE PARK DISTRICT ISSUES THE 690
REVENUE SECURITIES.
Sec. 511.37. The board of township trustees of any 699
township may make contributions of moneys, LANDS, supplies, 700
equipment, office facilities, and other personal property or 702
services to any board of park commissioners OF A PARK DISTRICT 703
THAT IS established pursuant to SECTION 511.18 OR Chapter 1545. 705
of the Revised Code AND WHOSE TERRITORY OVERLAPS THE TERRITORY OF 706
THE TOWNSHIP IN WHOLE OR IN PART, for the expenses PURPOSES of 708
park planning, acquisition, management, and improvement. The 709
board of park commissioners may accept such THE contributions 710
without the approval of the terms by the probate judge APPOINTING 712
AUTHORITY, IF APPLICABLE. 713
Any moneys contributed by the board of township trustees 715
for such THOSE purposes shall be drawn from the general fund in 716
16
the township treasury not otherwise appropriated. The board of 718
township trustees may anticipate the contributions of moneys for 719
such THOSE purposes and enter the amount of such THE 721
contributions in its annual statement to the county budget 722
commission for inclusion in the budget upon which rates of 723
taxation are based.
Sec. 755.16. (A) Any municipal corporation, township, 732
township park district, county, or school district, jointly with 733
any one or more other municipal corporations, townships, township 734
park districts, counties, or school districts, in any 735
combination, and a joint recreation district, may acquire 736
property for, construct, operate, and maintain any parks, 737
playgrounds, playfields, gymnasiums, public baths, swimming 739
pools,, indoor recreation centers, or community centers, and any
school district may provide by the erection of any school 740
building or school premises, or BY the enlargement OF, addition 741
thereto TO, or reconstruction or improvement thereof OF ANY 743
SCHOOL BUILDING OR SCHOOL PREMISES, for the inclusion of any such 744
parks, recreational facilities, and community centers to be 745
jointly acquired, operated, and maintained. Any municipal 746
corporation, township, township park district, county, or school 747
district, jointly with any one or more other municipal 748
corporations, townships, township park districts, counties, or 749
school districts, in any combination, and a joint recreation 750
district, may equip, operate, and maintain such parks, 751
recreational facilities, and community centers and may 752
appropriate money therefor FOR THEM.
Any municipal corporation, township, township park 754
district, county, or school district agreeing to jointly acquire, 755
construct, operate, or maintain parks, recreational facilities, 756
and community centers pursuant to this section may contribute 757
such lands, money, other personal property, or services to the 758
joint venture, as may be agreed upon. Any agreement shall 759
specify the rights of the parties in any lands or personal 760
17
property contributed. 761
Any lands acquired by a township park district pursuant to 763
Chapter 511. of the Revised Code and established as a free public 764
park or parks may be contributed to a joint venture authorized by 765
this section, but shall remain free and open for public use, 766
except that fees. FEES may be charged in connection with the use 768
of any recreational facilities and community centers that may be 769
constructed thereon ON THOSE LANDS. 770
(B) Any township may, jointly with a private land owner, 772
construct, operate, equip, and maintain free public playgrounds 773
and playfields. Any equipment provided by a township pursuant to 774
this division shall remain township property and shall be used 775
subject to a right of removal by the township. 776
(C) As used in this section and in sections 755.17 and 778
755.18 of the Revised Code, "community centers" means facilities 779
characterized by all of the following: 780
(1) They are acquired, constructed, operated, or 782
maintained by political subdivisions, school districts, or a 783
joint recreation district pursuant to division (A) of this 784
section;. 785
(2) They may be used for governmental, civic, or 787
educational operations or recreational activities;. 788
(3) They may be used only by the entities that acquire, 790
construct, operate, or maintain them or by any other person upon 791
terms and conditions determined by those entities. 792
Sec. 5705.19. This section does not apply to school 801
districts or county school financing districts. 802
The taxing authority of any subdivision at any time and in 804
any year, by vote of two-thirds of all the members of the taxing 805
authority, may declare by resolution and certify the resolution 806
to the board of elections not less than seventy-five days before 807
the election upon which it will be voted that the amount of taxes 808
that may be raised within the ten-mill limitation will be 809
insufficient to provide for the necessary requirements of the 810
18
subdivision and that it is necessary to levy a tax in excess of 811
that limitation for any of the following purposes: 812
(A) For current expenses of the subdivision, except that 814
the total levy for current expenses of a detention home district 815
or district organized under section 2151.65 of the Revised Code 816
shall not exceed two mills and that the total levy for current 817
expenses of a combined district organized under sections 2151.34 818
and 2151.65 of the Revised Code shall not exceed four mills; 819
(B) For the payment of debt charges on certain described 821
bonds, notes, or certificates of indebtedness of the subdivision 822
issued subsequent to January 1, 1925; 823
(C) For the debt charges on all bonds, notes, and 825
certificates of indebtedness issued and authorized to be issued 826
prior to January 1, 1925; 827
(D) For a public library of, or supported by, the 829
subdivision under whatever law organized or authorized to be 830
supported; 831
(E) For a municipal university, not to exceed two mills 833
over the limitation of one mill prescribed in section 3349.13 of 834
the Revised Code; 835
(F) For the construction or acquisition of any specific 837
permanent improvement or class of improvements that the taxing 838
authority of the subdivision may include in a single bond issue; 839
(G) For the general construction, reconstruction, 841
resurfacing, and repair of streets, roads, and bridges in 842
municipal corporations, counties, or townships; 843
(H) For recreational purposes; 845
(I) For the purpose of providing and maintaining fire 847
apparatus, appliances, buildings, or sites therefor, or sources 848
of water supply and materials therefor, or the establishment and 849
maintenance of lines of fire alarm telegraph, or the payment of 850
permanent, part-time, or volunteer firefighters or fire-fighting 852
FIREFIGHTING companies to operate the same, including the payment 853
of the firefighter employers' contribution required under section 855
19
742.34 of the Revised Code, or to THE purchase OF ambulance 857
equipment, or to provide THE PROVISION OF ambulance, paramedic, 859
or other emergency medical services operated by a fire department 861
or fire-fighting FIREFIGHTING company; 862
(J) For the purpose of providing and maintaining motor 864
vehicles, communications, and other equipment used directly in 865
the operation of a police department, or the payment of salaries 866
of permanent police personnel, including the payment of the 867
police officer employers' contribution required under section 869
742.33 of the Revised Code, or the payment of the costs incurred 870
by townships as a result of contracts made with other political 871
subdivisions in order to obtain police protection, or to provide 872
THE PROVISION OF ambulance or emergency medical services operated 873
by a police department; 874
(K) For the maintenance and operation of a county home; 876
(L) For community mental retardation and developmental 878
disabilities programs and services pursuant to Chapter 5126. of 879
the Revised Code, except that the procedure for such levies shall 880
be as provided in section 5705.222 of the Revised Code; 881
(M) For regional planning; 883
(N) For a county's share of the cost of maintaining and 885
operating schools, district detention homes, forestry camps, or 886
other facilities, or any combination thereof, established under 887
section 2151.34 or 2151.65 of the Revised Code or both of those 888
sections; 889
(O) For providing for flood defense, providing and 891
maintaining a flood wall or pumps, and other purposes to prevent 892
floods; 893
(P) For maintaining and operating sewage disposal plants 895
and facilities; 896
(Q) For the purpose of purchasing, acquiring, 898
constructing, enlarging, improving, equipping, repairing, 899
maintaining, or operating, or any combination of the foregoing, a 900
county transit system pursuant to sections 306.01 to 306.13 of 901
20
the Revised Code, or to make OF MAKING any payment to a board of 902
county commissioners operating a transit system or a county 904
transit board pursuant to section 306.06 of the Revised Code; 905
(R) For the subdivision's share of the cost of acquiring 907
or constructing any schools, forestry camps, detention homes, or 908
other facilities, or any combination thereof, under section 909
2151.34 or 2151.65 of the Revised Code or both of those sections; 910
(S) For the prevention, control, and abatement of air 912
pollution; 913
(T) For maintaining and operating cemeteries; 915
(U) For providing ambulance service, emergency medical 917
service, or both; 918
(V) For providing for the collection and disposal of 920
garbage or refuse, including yard waste; 921
(W) For the payment of the police officer employers' 924
contribution or the firefighter employers' contribution required 927
under sections 742.33 and 742.34 of the Revised Code; 928
(X) For the construction and maintenance of a drainage 930
improvement pursuant to section 6131.52 of the Revised Code; 931
(Y) For providing or maintaining senior citizens services 933
or facilities as authorized by section 307.694, 307.85, 505.70, 934
OR 505.706, or division (EE) of section 717.01 of the Revised 935
Code;
(Z) For the provision and maintenance of zoological park 937
services and facilities as authorized under section 307.76 of the 938
Revised Code; 939
(AA) For the maintenance and operation of a free public 941
museum of art, science, or history; 942
(BB) For the establishment and operation of a 9-1-1 944
system, as defined in section 4931.40 of the Revised Code; 945
(CC) For the purpose of acquiring, rehabilitating, or 947
developing rail property or rail service. As used in this 948
division, "rail property" and "rail service" have the same 949
meanings as in section 4981.01 of the Revised Code. This 950
21
division applies only to a county, township, or municipal 951
corporation. 952
(DD) For the purpose of acquiring property for, 954
constructing, operating, and maintaining community centers as 955
provided for in section 755.16 of the Revised Code; 956
(EE) For the creation and operation of an office or joint 958
office of economic development, for any economic development 959
purpose of the office, and to otherwise provide for the 960
establishment and operation of a program of economic development 961
pursuant to sections 307.07 and 307.64 of the Revised Code; 962
(FF) For the purpose of acquiring, establishing, 964
constructing, improving, equipping, maintaining, or operating, or 965
any combination of the foregoing, a township airport, landing 966
field, or other air navigation facility pursuant to section 967
505.15 of the Revised Code; 968
(GG) For the payment of costs incurred by a township as a 970
result of a contract made with a county pursuant to section 971
505.263 of the Revised Code in order to pay all or any part of 972
the cost of constructing, maintaining, repairing, or operating a 973
water supply improvement; 974
(HH) For a board of township trustees to acquire, other 976
than by appropriation, an ownership interest in land, water, or 977
wetlands, or to restore or maintain land, water, or wetlands in 978
which the board has such an OWNERSHIP interest, not for purposes 979
of recreation, but for the purposes of protecting and preserving 981
the natural, scenic, open, or wooded condition of the land, 982
water, or wetlands against modification or encroachment resulting 983
from occupation, development, or other use, which may be styled 984
as protecting or preserving "greenspace" in the resolution, 985
notice of election, or ballot form; 986
(II) For the support by a county of a crime victim 988
assistance program that is provided and maintained by a county 989
agency or a private, nonprofit corporation or association under 990
section 307.62 of the Revised Code; 991
22
(JJ) For any or all of the purposes set forth in divisions 993
(I) and (J) of this section. This division applies only to a 994
township. 995
(KK) For a countywide public safety communications system 997
under section 307.63 of the Revised Code. This division applies 998
only to counties. 999
(LL) For the support by a county of criminal justice 1,001
services under section 307.45 of the Revised Code; 1,002
(MM) For the purpose of maintaining and operating a jail 1,004
or other detention facility as defined in section 2921.01 of the 1,005
Revised Code; 1,006
(NN) For purchasing, maintaining, or improving, or any 1,008
combination of the foregoing, real estate on which to hold 1,009
agricultural fairs. This division applies only to a county. 1,010
(OO) For constructing, rehabilitating, repairing, or 1,012
maintaining sidewalks, walkways, trails, bicycle pathways, or 1,013
similar improvements, or acquiring ownership interests in land 1,014
necessary for the foregoing improvements, by a board of township 1,015
trustees;
(PP) For both of the purposes set forth in divisions (G) 1,017
and (OO) of this section. This division applies only to a 1,018
township.
(QQ) FOR BOTH OF THE PURPOSES SET FORTH IN DIVISIONS (H) 1,020
AND (HH) OF THIS SECTION. THIS DIVISION APPLIES ONLY TO A 1,021
TOWNSHIP.
(RR) For the legislative authority of a municipal 1,023
corporation, board of county commissioners of a county, or board 1,024
of township trustees of a township to acquire agricultural 1,025
easements, as defined in section 5301.67 of the Revised Code, and 1,027
to supervise and enforce the easements. 1,028
The resolution shall be confined to the purpose or purposes 1,031
described in one division of this section, to which the revenue 1,032
derived therefrom shall be applied. The existence in any other 1,033
division of this section of authority to levy a tax for any part 1,034
23
or all of the same purpose or purposes does not preclude the use 1,035
of such revenues for any part of the purpose or purposes of the 1,036
division under which the resolution is adopted. 1,037
The resolution shall specify the amount of the increase in 1,039
rate that it is necessary to levy, the purpose thereof OF THAT 1,040
INCREASE IN RATE, and the number of years during which the 1,042
increase in rate shall be in effect, which may or may not include 1,043
a levy upon the duplicate of the current year. The number of 1,044
years may be any number not exceeding five, except as follows: 1,045
(1) When the additional rate is for the payment of debt 1,047
charges, the increased rate shall be for the life of the 1,048
indebtedness. 1,049
(2) When the additional rate is for any of the following, 1,051
the increased rate shall be for a continuing period of time: 1,052
(a) For the current expenses for a detention home 1,054
district, a district organized under section 2151.65 of the 1,055
Revised Code, or a combined district organized under sections 1,056
2151.34 and 2151.65 of the Revised Code; 1,057
(b) For providing a county's share of the cost of 1,059
maintaining and operating schools, district detention homes, 1,060
forestry camps, or other facilities, or any combination thereof, 1,061
established under section 2151.34 or 2151.65 of the Revised Code 1,062
or under both of those sections. 1,063
(3) When the additional rate is for any of the following, 1,065
the increased rate may be for a continuing period of time: 1,066
(a) For the purposes set forth in division (I), (J), (U), 1,068
or (KK) of this section; 1,069
(b) For the maintenance and operation of a joint 1,071
recreation district; 1,072
(c) A levy imposed by a township for the purposes set 1,074
forth in division (G) of this section. 1,075
(4) When the increase is for the purpose set forth in 1,077
division (D) or (CC) of this section or for both of the purposes 1,078
set forth in divisions (G) and (OO) of this section, the tax levy 1,079
24
may be for any specified number of years or for a continuing 1,081
period of time, as set forth in the resolution. 1,082
(5) When the additional rate is for the purpose described 1,084
in division (Z) of this section, the increased rate shall be for 1,085
any number of years not exceeding ten. 1,086
A levy for the purposes set forth in division (I), (J), or 1,088
(U) of this section, and a levy imposed by a township for the 1,089
purposes set forth in division (G) of this section, may be 1,090
reduced pursuant to section 5705.261 or 5705.31 of the Revised 1,091
Code. A levy for the purposes set forth in division (I), (J), or 1,092
(U) of this section, and a levy imposed by a township for the 1,093
purposes set forth in division (G) of this section, may also be 1,094
terminated or permanently reduced by the taxing authority if it 1,095
adopts a resolution stating that the continuance of the levy is 1,096
unnecessary and the levy shall be terminated or that the millage 1,097
is excessive and the levy shall be decreased by a designated 1,098
amount. 1,099
A resolution of a detention home district, a district 1,101
organized under section 2151.65 of the Revised Code, or a 1,102
combined district organized under both sections 2151.34 and 1,103
2151.65 of the Revised Code may include both current expenses and 1,104
other purposes, provided that the resolution shall apportion the 1,105
annual rate of levy between the current expenses and THE other 1,106
purpose or purposes. The apportionment need not be the same for 1,107
each year of the levy, but the respective portions of the rate 1,108
actually levied each year for the current expenses and the other 1,109
purpose or purposes shall be limited by the apportionment. 1,110
Whenever a board of county commissioners, acting either as 1,112
the taxing authority of its county or as the taxing authority of 1,113
a sewer district or subdistrict created under Chapter 6117. of 1,114
the Revised Code, by resolution declares it necessary to levy a 1,115
tax in excess of the ten-mill limitation for the purpose of 1,116
constructing, improving, or extending sewage disposal plants or 1,117
sewage systems, the tax may be in effect for any number of years 1,118
25
not exceeding twenty, and the proceeds thereof OF THE TAX, 1,119
notwithstanding the general provisions of this section, may be 1,121
used to pay debt charges on any obligations issued and 1,122
outstanding on behalf of the subdivision for the purposes 1,123
enumerated in this paragraph, provided that any such obligations 1,124
have been specifically described in the resolution. 1,125
The resolution shall go into immediate effect upon its 1,127
passage, and no publication of the resolution is necessary other 1,128
than that provided for in the notice of election. 1,129
When the electors of a subdivision have approved a tax levy 1,131
under this section, the taxing authority of the subdivision may 1,132
anticipate a fraction of the proceeds of the levy and issue 1,133
anticipation notes in accordance with section 5705.191 or 1,134
5705.193 of the Revised Code. 1,135
Section 2. That existing sections 511.18, 511.19, 511.20, 1,137
511.21, 511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 755.16, 1,138
and 5705.19 and section 511.25 of the Revised Code are hereby 1,140
repealed.
Section 3. Any township park district with a five-member 1,143
board of park commissioners on the effective date of this act 1,144
shall be succeeded by a board serving staggered terms of office. 1,145
Of the appointees whose terms of office commence on the second 1,146
Monday of May immediately after the effective date of this act, 1,147
two shall serve one-year terms, two shall serve two-year terms, 1,148
and one shall serve a three-year term. Thereafter, terms of 1,149
office for successive appointees shall be for three years, as 1,150
provided in division (B) of section 511.19 of the Revised Code as 1,151
amended by this act.
Section 4. For a period of ninety days after the effective 1,153
date of this act, if the board of park commissioners of a 1,154
township park district created before 1955 is appointed by the 1,155
board of township trustees, the board of township trustees may 1,157
adopt a resolution to convert the parks owned and operated by the 1,158
park district into parks owned and operated by the township if 1,159
26
the township has a population of less than 35,000 and a 1,160
geographical area of less than fifteen square miles. Upon the
adoption of that resolution, the township park district shall 1,162
cease to exist, all real and personal property owned by the park 1,163
district shall be transferred to the township, and the township 1,164
shall assume liability with respect to all contracts and debts of 1,165
the park district. All employees of the township park district 1,166
whose parks are so converted into township parks shall become 1,167
township employees, and the board of township trustees may retain 1,168
the former park commissioners, on the terms that the trustees 1,169
consider appropriate, to operate the property formerly owned by 1,170
the township park district. 1,171
The township shall continue to collect any taxes levied 1,173
within the former township park district, and the taxes shall be 1,174
deposited into the township treasury as funds to be used for the 1,175
park purposes for which they were levied. 1,176
Within fifteen days after the adoption of a township park 1,178
district conversion resolution under this section, the clerk of 1,179
the board of township trustees shall certify a copy of that 1,180
resolution to the county auditor. 1,181