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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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