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As Reported by the Senate State and Local Government
and Veterans Affairs Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 417 |
REPRESENTATIVES O'BRIEN-WINKLER-SCHULER-BATEMAN-CALLENDER-
CORBIN-HARTNETT-PATTON-HOOPS-EVANS-CLANCY-VERICH-LUEBBERS-
PETERSON-YOUNG-TIBERI-PERRY-STEVENS-BARNES-CATES-ASLANIDES-
SENATORS SCHAFRATH-GARDNER-BLESSING
A BILL
To amend sections 511.18, 511.19, 511.20, 511.21, 511.22,
511.23, 511.234, 511.241, 511.27, 511.37, 755.16, and 5705.19, to enact new
section 511.25
and section 511.30, and to repeal section 511.25 of the Revised
Code to revise the Township Park District
Law, to provide for the conversion of certain township park districts for a
temporary time period, and to permit a township to submit a combined tax levy
for recreational purposes and greenspace.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 511.18, 511.19, 511.20, 511.21,
511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 755.16, and 5705.19 be
amended and new section 511.25 and section 511.30 of the Revised Code be
enacted to read as follows:
Sec. 511.18. (A) When any number of electors in a
township, including the electors of all municipal corporations
therein IN THE TOWNSHIP, equal to or exceeding one-tenth of the
total vote cast
in such THE township at the most recent general election, files
a petition with the board of township trustees for proceedings to
organize a park district and to establish one or more free public
parks within such THE township, the board shall certify
such THAT fact to
the court of common pleas of the county, which court, or a judge
of the court, shall appoint a board of park
commissioners for the
township. However, if an entire park district is contained
within the unincorporated area of the township, the board of
township trustees, instead of the court of common pleas of the
county, shall, regardless of when the park district was
established, appoint the board of park commissioners, unless the
board of township trustees, by unanimous vote, adopts a
resolution authorizing the court of common pleas to appoint the
board of park commissioners. If FOR PURPOSES OF THIS DIVISION, AN
ENTIRE PARK DISTRICT SHALL BE CONSIDERED TO BE CONTAINED WITHIN THE
UNINCORPORATED AREA OF THE TOWNSHIP IF THE ELECTORS OF THE UNINCORPORATED AREA
WOULD BE THE ONLY PERSONS ENTITLED TO VOTE ON A TAX LEVY SUBMITTED UNDER
DIVISION (B) OF SECTION 511.27 of the Revised Code, REGARDLESS OF WHERE REAL
PROPERTY OWNED BY THE DISTRICT IS LOCATED.
IF the board of township trustees
adopts such a resolution DESCRIBED IN THIS DIVISION, the court,
or a judge of the court,
shall appoint the board of park commissioners. If, at any time
after the adoption of such a THAT resolution, the board
of township
trustees wishes to rescind the resolution and again assume the
authority provided under this section DIVISION to appoint the
board of
park commissioners, it may adopt a resolution, by unanimous vote,
rescinding the previous resolution and its authorization for the
court of common pleas to appoint the board of park commissioners.
After the adoption of such a RESCINDING resolution, the board of
township trustees shall appoint the board of park commissioners.
(B)(1) The boundaries of a township park district,
regardless REGARDLESS of when the A TOWNSHIP park
district was established, shall be
coterminous with AT LEAST SEVENTY-FIVE PER CENT OF THE ACREAGE OWNED BY
A TOWNSHIP PARK DISTRICT SHALL BE LOCATED WITHIN the boundaries
of the township, unless the
township has ceased to exist since the establishment of the park
district, and except as provided in division (B)(2) of this
section.
(2) When a municipal corporation is located within the
boundaries of a township where a township park district has been
established and the district owns park land within the municipal
corporation, any change in the boundaries of the township shall
have no effect on the boundaries of the township park district.
Sec. 511.19. (A) Except as provided in division (B) of
this section, the board of park commissioners shall consist of
three suitable resident freeholders ELECTORS. The
freeholders ELECTORS may be
residents of the township or of any municipal corporation which
THAT is located within the township, which THAT was
within the township at
the time that the park district was established, or the
boundaries of which are coterminous with or include the township.
One of the commissioners shall serve for one year, one OF THE COMMISSIONERS
SHALL SERVE for two
years, and one OF THE COMMISSIONERS SHALL SERVE for three years, from
the second Monday of May
succeeding the appointment, and thereafter one commissioner shall
be appointed annually to serve for three years. The court of
common pleas, or the board of township trustees if the board of
park commissioners is appointed by the board of township
trustees, shall fill any vacancy which THAT occurs in the board
by death, resignation, or otherwise, by appointment for the
unexpired term.
(B) If a board of park commissioners is appointed by the
board of township trustees, the board of township trustees may
appoint a five-member board of park commissioners in lieu of the
three-member board provided for in division (A) of this section.
Except as provided in this division for the conversion of a
three-member board, members of a five-member board of park
commissioners shall serve a one-year term THREE-YEAR TERMS. OF THE
INITIAL APPOINTEES, TWO SHALL SERVE ONE-YEAR TERMS, TWO SHALL SERVE TWO-YEAR
TERMS, AND ONE SHALL SERVE A THREE-YEAR TERM. THEREAFTER, TERMS OF OFFICE FOR
SUCCESSIVE APPOINTEES SHALL BE FOR THREE YEARS. All terms shall
commence on the second Monday of May succeeding appointment.
Qualifications for members and filling of vacancies on
five-member boards shall be the same as provided in division (A)
of this section for three-member boards.
(C) A board of township trustees may, by resolution,
MAY convert a
three-member board of park commissioners that THE BOARD OF TOWNSHIP
TRUSTEES has been appointed
by them to a five-member board of park commissioners. The
conversion shall be effective from the second Monday of May
succeeding the adoption of the resolution. If a three-member
board is converted, any member of the three-member board whose
term had not expired on the date of conversion shall serve as one
of the five members of the new board until the expiration date of
his THAT MEMBER'S term.
(D) A BOARD OF TOWNSHIP TRUSTEES, BY RESOLUTION, MAY CONVERT INTO
A THREE-MEMBER BOARD OF PARK COMMISSIONERS A FIVE-MEMBER BOARD OF
PARK COMMISSIONERS THAT THE BOARD OF TOWNSHIP TRUSTEES HAS
APPOINTED. UPON THE EXPIRATION OF THE TERMS OF ONE OR MORE
PARK COMMISSIONERS ON THE SECONDMONDAY OF MAY THAT
IMMEDIATELY
FOLLOWS THE DATE OF THE RESOLUTION'S ADOPTION, THE BOARD OF TOWNSHIP TRUSTEES
SHALL APPOINT ONE PARK COMMISSIONER TO A
THREE-YEAR TERM. UPON THE EXPIRATION OF THE TERMS OF ONE OR MORE PARK
COMMISSIONERS ON THE SECONDMONDAY OF MAY IN EACH OF
THE
IMMEDIATELY FOLLOWING TWO YEARS, THE BOARD OF TOWNSHIP TRUSTEES
SHALL APPOINT ONE PARK COMMISSIONER TO A THREE-YEAR TERM. DURING
THE TRANSITION PERIOD FROM A FIVE-MEMBER BOARD TO A THREE-MEMBER
BOARD, ANY MEMBER OF THE FIVE-MEMBER BOARD WHOSE TERM HAS NOT YET
EXPIRED SHALL CONTINUE TO SERVE AS A MEMBER UNTIL THAT MEMBER'S
TERM EXPIRES.
Sec. 511.20. The PRIOR TO THE SUBMISSION TO THE ELECTORS OF THE
QUESTION OF WHETHER ONE OR MORE PUBLIC PARKS ARE TO BE ESTABLISHED AS
PROVIDED IN SECTION 511.21 of the Revised Code, THE board of park commissioners shall
call to its assistance one
or more skilled landscape architects, and, if desired, other expert advice, as
to suitable places for the location of one or more free public parks.
Such THE board of park commissioners shall make a written report
to the board of
township trustees of its findings and recommendations, with an estimate of the
cost of the land recommended for park purposes. Before filing such
THE report,
the board of park commissioners may, for park purposes, MAY take
options and
receive bids from owners of land.
Sec. 511.21. Upon the filing of the report of the board of park commissioners
as provided by section 511.20 of the Revised Code, the board of township
trustees shall direct the township clerk to give thirty days' notice, by
posting in five public places in the township, and by publication in
one or
more newspapers of general circulation therein IN THE TOWNSHIP,
that an election will be held
at the next general election to determine whether one or more free
public
parks are to be established within the township, and the estimated cost of the
land recommended for that purpose.
Sec. 511.22. The board of township trustees shall direct the township clerk
to
file a written notice with the board of elections, not later
than four p.m. of
the seventy-fifth day before the day of the election, WITH THE BOARD OF
ELECTIONS having charge of the
preparation of official ballots, that an election will be held as provided
by IN section 511.21 of the Revised Code, and that the
following shall be printed on
the ballot:
"YES | SHALL AFREE PUBLIC PARK |
NO | OR PUBLIC PARKS BE ESTABLISHED IN |
| .....(NAME)..... TOWNSHIP?" |
If a majority of the votes is in favor of the proposition, such a park
or parks
shall be established for the township. If a majority of the votes cast is
against the proposition, the board of park commissioners shall be
abolished, and the board of township trustees shall provide for and pay
all the proper expenses incurred by it.
Sec. 511.23. (A) When the vote under section 511.21 511.22
of
the Revised Code is in favor of establishing one or more free
public parks, the board of park commissioners shall constitute a
board, to be called the board of park commissioners of that
township park district, and they shall be a body politic and
corporate. Their office is not a township office within the
meaning of section 703.22 of the Revised Code but is an office of
the township park district. The members of the board shall serve
without compensation but shall be allowed their actual and
necessary expenses incurred in the performance of their duties.
(B) The board may locate, establish, improve, maintain,
and operate a free public park or parks
within the township, or,
if the township park district contains any incorporated
territory, without the township IN ACCORDANCE WITH DIVISION
(B) OF SECTION 511.18 of the Revised Code, with or without recreational
facilities. Any township park district that contains only
unincorporated territory and that operated a free public park or
parks outside the township immediately prior to July 18, 1990,
may continue to improve, maintain, and operate these parks
outside the township, but FURTHER ACQUISITIONS OF LAND shall not
expand a park or establish
any new park outside the township AFFECT THE BOUNDARIES OF THE PARK
DISTRICT ITSELF OR THE APPOINTING AUTHORITY FOR THE BOARD OF PARK
COMMISSIONERS.
The board may LEASE, accept a conveyance of, or purchase
SUITABLE LANDS for
cash, by purchase by installment payments with or without a mortgage,
by entering into LEASE OR lease-purchase agreements, OR
by lease with
option to purchase, or MAY acquire SUITABLE LANDS through
an exchange under section 511.241
of the Revised Code, or MAY appropriate suitable lands and materials
for such PARK DISTRICT purposes. THE BOARD ALSO MAY LEASE
FACILITIES FROM OTHER POLITICAL SUBDIVISIONS OR PRIVATE SOURCES.
The board shall have careful surveys and
plats made of the lands acquired for such PARK DISTRICT
purposes, and shall
establish permanent monuments on the boundaries of the lands. Such
THOSE plats, when executed according to sections 711.01 to 711.38
of the Revised Code, shall be recorded in the office of the
county recorder, and such THOSE records shall be admissible in
evidence for the purpose of locating and ascertaining the true boundaries of
the park or parks.
(C) In furtherance of the use and enjoyment of the lands
controlled by it, the board may accept donations of money or
other property, or may act as trustees of land, money, or other
property, and MAY use and administer the same LAND, MONEY, OR
OTHER PROPERTY as stipulated by the
donor, or as provided in the trust agreement. The terms of each
such donation or trust shall first be approved by the court of
common pleas of the county, or by the board of township trustees
if the board of park commissioners is appointed by the board of
township trustees, before acceptance by the board of park
commissioners, but such approval is not required for agreements
made pursuant to section 755.16 of the Revised Code.
The board may receive and expend grants for park purposes
from agencies and instrumentalities of the United States and this
state, and may enter into contracts or agreements with such
THOSE agencies and instrumentalities to carry out the purposes for
which such THE grants were furnished.
(D) In exercising any powers conferred upon the board
under divisions (B) and (C) of this section, and for other types
of assistance which THAT the board finds necessary in carrying
out its duties, the board may hire and contract for professional,
technical, consulting, and other special services, and may
purchase goods and award contracts. The procuring of goods and
awarding of contracts shall be done in accordance with the
procedures established for the board of county commissioners by
sections 307.86 to 307.91 of the Revised Code.
(E) The board may appoint a superintendent AN EXECUTIVE for the
park or
parks and may designate him THE EXECUTIVE OR ANOTHER PERSON as
the clerk of
the board. It may
appoint all other necessary officers and employees, fix their
compensation, and prescribe their duties, OR IT MAY REQUIRE THE
EXECUTIVE TO APPOINT ALL OTHER NECESSARY OFFICERS AND EMPLOYEES, AND TO FIX
THEIR COMPENSATION AND PRESCRIBE THEIR DUTIES, IN ACCORDANCE WITH GUIDELINES
AND POLICIES ADOPTED BY THE BOARD.
(F) The board may adopt such bylaws and rules as THAT it
considers advisable FOR THE FOLLOWING PURPOSES:
(1) To prohibit selling, giving away, or using any
intoxicating liquors in the park or parks;
(2) For the government and control of the park or parks
and the operation of motor vehicles therein IN THE PARK OR
PARKS;
(3) To provide for the protection and preservation of all
property and natural life within its jurisdiction.
Before such THE bylaws and rules take effect, the board shall
provide for a notice of their adoption to be published once a
week for two consecutive weeks in a newspaper of general
circulation in the county within which the park district is
located.
No person shall violate any such OF THE bylaws or rules.
FINES LEVIED AND COLLECTED FOR VIOLATIONS SHALL BE PAID INTO THE TREASURY
OF THE TOWNSHIP PARK DISTRICT. THE BOARD MAY USE MONEYS
COLLECTED FROM THOSE FINES FOR ANY PURPOSE THAT IS NOT INCONSISTENT WITH
SECTIONS
511.18 TO 511.37 of the Revised Code.
(G) THE BOARD MAY DO EITHER OF THE FOLLOWING:
(1) ESTABLISH AND CHARGE FEES FOR THE USE OF ANY
FACILITIES AND SERVICES OF THE PARK OR PARKS REGARDLESS OF WHETHER THE PARK
OR PARKS WERE ACQUIRED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT;
(2) ENTER INTO A LEASE AGREEMENT WITH AN INDIVIDUAL OR ORGANIZATION THAT
PROVIDES FOR THE EXCLUSIVE USE OF A SPECIFIED PORTION OF THE PARK OR PARKS
WITHIN THE TOWNSHIP PARK DISTRICT BY THAT INDIVIDUAL OR ORGANIZATION FOR THE
DURATION OF AN
EVENT PRODUCED BY THE INDIVIDUAL OR ORGANIZATION. THE BOARD, FOR THE SPECIFIC
PORTION OF THE PARK OR PARKS COVERED BY THE LEASE AGREEMENT, MAY CHARGE A FEE
TO, OR PERMIT THE INDIVIDUAL OR ORGANIZATION TO CHARGE A FEE TO, PARTICIPANTS
IN AND SPECTATORS AT THE EVENT COVERED BY THE AGREEMENT.
(H) IF THE BOARD FINDS THAT REAL OR PERSONAL PROPERTY OWNED BY
THE TOWNSHIP PARK DISTRICT IS NOT CURRENTLY NEEDED FOR PARK PURPOSES, THE
BOARD MAY
LEASE THAT PROPERTY TO OTHER PERSONS OR ORGANIZATIONS DURING ANY PERIOD OF
TIME THE BOARD DETERMINES THE PROPERTY WILL NOT BE NEEDED. IF THE BOARD FINDS
THAT COMPETITIVE BIDDING ON A LEASE IS NOT FEASIBLE, IT MAY LEASE THE PROPERTY
WITHOUT TAKING BIDS.
(I) THE BOARD MAY EXCHANGE PROPERTY OWNED BY THE TOWNSHIP PARK
DISTRICT
FOR PROPERTY OWNED BY THE STATE, ANOTHER POLITICAL SUBDIVISION, OR THE
FEDERAL GOVERNMENT ON TERMS THAT IT CONSIDERS DESIRABLE, WITHOUT THE NECESSITY
OF COMPETITIVE BIDDING.
(J) Any such rights or duties ESTABLISHED UNDER THIS
SECTION may be modified, shared, or
assigned by an agreement pursuant to section 755.16 of the
Revised Code.
Sec. 511.234. (A) The board of park commissioners of a
township park district may authorize an officer, employee, or
appointee of the board to use a credit card held by the board to
pay for expenses related to park district business. The debt
incurred as a result of the use of a credit card under this
section shall be no more than seven hundred fifty dollars a month
and shall be paid from township park district funds.
(B) No officer, employee, or appointee of a board of park
commissioners who is authorized to use a credit card held by the
board shall use it to incur any unauthorized debt against the
park district's credit.
(C) Whoever violates division (B) of this section is
guilty of one of the following:
(1) A misdemeanor of the first degree if the amount of the
unauthorized debt is no more than one hundred fifty dollars;
(2) A felony of the fourth degree if the amount of the
unauthorized debt exceeds one hundred fifty dollars.
(D) An officer, employee, or appointee may, in a civil
action, MAY be found personally liable to the township park
district
for his THE OFFICER'S, EMPLOYEE'S, OR APPOINTEE'S unauthorized
use of the township park district credit
card.
(E) Whenever any officer, employee, or appointee
authorized to use a credit card held by the board of park
commissioners suspects the loss, theft, or possibility of another
person's unauthorized use of the credit card he THAT THE OFFICER,
EMPLOYEE, OR APPOINTEE is authorized to
use, he THE OFFICER, EMPLOYEE, OR APPOINTEE shall so notify the
board of park commissioners
immediately in writing. The officer, employee, or appointee may
be held personally liable for unauthorized debt resulting from
such THE loss, theft, or unauthorized use, in the amount of
fifty
dollars or the amount charged to the credit card as a result of
the loss, theft, or unauthorized use, whichever is less.
Sec. 511.241. The board of park commissioners may acquire
lands for use by the township park district through an exchange
of real property whereby IN WHICH the board of park
commissioners leases
or conveys to the township all or part of the lands located
within the township to which the township park district holds
title, in exchange for the lease or conveyance of township land
from the board of township trustees to the board of park
commissioners. The board of park commissioners and board of
township trustees shall use the lands so exchanged for only park
purposes BEFORE ANY SUCH EXCHANGE BECOMES EFFECTIVE, THE COUNTY
AUDITOR SHALL CERTIFY IN WRITING TO THE BOARD OF TOWNSHIP TRUSTEES AND THE
BOARD OF PARK COMMISSIONERS THAT THE CURRENT MARKET VALUE OF THE LAND THAT
EACH
BOARD WILL RECEIVE IS AT LEAST EQUAL TO THE CURRENT
MARKET VALUE OF THE LAND EXCHANGED, PLUS ANY CASH OR OTHER CONSIDERATION THAT
WILL BE RECEIVED AS PART OF THE EXCHANGE. The exchange may include any
other terms agreed to
between the board of park commissioners and the board of township
trustees not otherwise prohibited by law. This section does not
authorize exchanges by a board of township trustees that are
otherwise prohibited by law. Section 511.25 of the Revised Code
does not apply to exchanges authorized by this section.
Sec. 511.25. IF THE BOARD OF PARK COMMISSIONERS OF
A TOWNSHIP PARK DISTRICT FINDS THAT ANY LANDS THAT THE BOARD HAS
ACQUIRED ARE NOT NECESSARY FOR THE PURPOSES FOR WHICH THEY WERE
ACQUIRED, IT MAY SELL AND DISPOSE OF THOSE LANDS UPON TERMS
THAT THE BOARD CONSIDERS ADVISABLE AND MAY REJECT ANY PURCHASE BID
RECEIVED UNDER THIS SECTION THAT THE BOARD DETERMINES DOES NOT
MEET ITS TERMS FOR SALE.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO LANDS
SHALL BE SOLD WITHOUT FIRST GIVING NOTICE OF THE BOARD'S
INTENTION TO SELL THE LANDS BY PUBLICATION ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
TOWNSHIP. THE NOTICE SHALL CONTAIN AN ACCURATE DESCRIPTION OF
THE LANDS BEING OFFERED FOR SALE AND SHALL STATE THE TIME AND PLACE AT
WHICH SEALED BIDS FOR THE LANDS WILL BE RECEIVED. IF THE BOARD
REJECTS ALL OF THE PURCHASE BIDS, IT MAY REOFFER THE LANDS FOR SALE
IN ACCORDANCE WITH THIS SECTION.
THE BOARD ALSO
MAY SELL PARK LANDS NOT NECESSARY FOR DISTRICT PURPOSES TO
ANOTHER POLITICAL SUBDIVISION, THE STATE, OR THE FEDERAL
GOVERNMENT WITHOUT GIVING THE NOTICES OR TAKING BIDS AS
OTHERWISE REQUIRED BY THIS SECTION.
NO LANDS ACQUIRED BY A TOWNSHIP PARK DISTRICT MAY BE SOLD
WITHOUT THE APPROVAL OF THE COURT OF COMMON PLEAS OF THE COUNTY
IN WHICH THE PARK DISTRICT IS LOCATED, IF THE COURT
APPOINTED THE BOARD UNDER SECTION 511.18 OF THE
REVISED
CODE, OR THE APPROVAL OF THE
BOARD OF TOWNSHIP TRUSTEES, IF THE BOARD OF TOWNSHIP TRUSTEES APPOINTED THE
BOARD OF PARK
COMMISSIONERS
UNDER SECTION 511.18 OF THE
REVISED
CODE.
Sec. 511.27. (A) To defray the expenses of the township
park district and for the purchasing, appropriating, operating,
maintaining, and improving lands for parks or recreational
purposes, the township board of park commissioners may levy a
sufficient tax within the ten-mill limitation, not to exceed one
mill on each dollar of valuation on all real and personal
property within the township, and on all real and personal
property within any municipal corporation which THAT is within
the
township, or which THAT was within the township at the time that
the
park district was established, or the boundaries of which are
coterminous with or include the township. Such THE levy shall
be
over and above all other taxes and limitations on such property
authorized by law.
(B) Except as otherwise provided in division (C) of this
section, the township board of park commissioners may, not less
than seventy-five days before the day of
the election, MAY declare by resolution that the amount of taxes
which THAT
may be raised within the ten-mill limitation will be insufficient
to provide an adequate amount for the necessary requirements of
the district and that it is necessary to levy a tax in excess of
such THAT limitation for the use of the district. The
resolution
shall specify the purpose for which the taxes shall be used, the
annual rate proposed, and the number of consecutive years the
levy will be in effect. Upon the adoption of the resolution, the
question of levying the taxes shall be submitted to the electors
of the township and the electors of any municipal corporation
which THAT is within the township, or which THAT
was within the
township at
the time that the park district was established, or the
boundaries of which are coterminous with or include the
township, at
a special election to be held on whichever of the following occurs first:
(1) The day of the next ensuing general election;
(2) The first Tuesday after the first Monday in
May of any calendar year, except that, if a presidential primary
election is held in that calendar year, then the day of that election.
The
THE rate submitted to the electors at any one time
ELECTION shall not
exceed two mills annually upon each dollar of valuation. If a
majority of the electors voting upon the question of the levy
vote in favor thereof OF THE LEVY, the tax shall be levied on
all real and
personal property within the township and on all real and
personal property within any municipal corporation which THAT is
within the township, or which THAT was within the township at
the time
that the park district was established, or the boundaries of
which are coterminous with or include the township, and such THE
levy
shall be over and above all other taxes and limitations on such
property authorized by law.
(C) In any township park district that contains only
unincorporated territory and where, IF the township board
of park
commissioners is appointed by the board of township trustees,
before a tax can be levied and certified to the county auditor
pursuant to section 5705.34 of the Revised Code or before a
resolution for a tax levy can be certified to the board of
elections pursuant to section 511.28 of the Revised Code, the
township board of park commissioners shall receive approval for
its levy request from the board of township trustees. The
township board of park commissioners shall adopt a resolution
requesting the board of township trustees to approve the levy
request, stating the annual rate of the proposed levy and the
reason for the levy request. On receiving this request, the
board of township trustees shall vote on whether to approve the
request, and, if a majority votes to approve it, shall issue a
resolution approving such a THE levy at the requested rate.
Sec. 511.30. (A) IN
ADDITION TO ANY POWER GRANTED TO TOWNSHIP PARK DISTRICTS TO
ISSUE SECURITIES UNDER OTHER PROVISIONS OF THE
REVISED
CODE, A TOWNSHIP PARK DISTRICT
MAY ISSUE REVENUE SECURITIES AS AUTHORIZED IN THIS SECTION. FOR
PURPOSES OF THIS SECTION, "SECURITIES" HAS THE SAME MEANING AS
IN DIVISION (KK) OF SECTION
133.01 OF THE REVISED
CODE.
(B) A TOWNSHIP PARK
DISTRICT MAY ISSUE REVENUE SECURITIES TO FUND OR REFUND REVENUE
SECURITIES PREVIOUSLY ISSUED, OR TO RAISE
MONEY TO PAY FOR AND IMPROVE PARKS OR RECREATIONAL
FACILITIES.
(C) A TOWNSHIP PARK
DISTRICT SHALL ESTABLISH RATES, CHARGES, OR RENTS FOR THE USE,
AVAILABILITY, OR RENTAL OF THE FACILITIES TO WHICH THE FINANCING
RELATES, WHICH RATES, CHARGES, OR RENTS SHALL BE DESIGNED TO PROVIDE
REVENUES TO THE PARK DISTRICT SUFFICIENT TO PAY THE
COSTS OF ALL CURRENT EXPENSES OF THE FACILITIES PAYABLE BY THE
PARK DISTRICT, TO PAY THE DEBT CHARGES ON THE
SECURITIES, AND TO ESTABLISH AND MAINTAIN ANY CONTRACTUALLY
REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES OR THE
FACILITIES.
(D) REVENUE
SECURITIES ISSUED UNDER THIS SECTION SHALL NOT BE GENERAL
OBLIGATIONS OF THE TOWNSHIP PARK DISTRICT. THE REVENUE SECURITIES
SHALL BE SECURED ONLY BY A PLEDGE OF
AND LIEN UPON THE REVENUES OF THE PARK DISTRICT
DERIVED FROM ITS OWNERSHIP OR OPERATION OF THE FACILITIES,
INCLUDING THE RATES, CHARGES, OR RENTS REFERRED TO IN DIVISION (C) OF
THIS SECTION AND ANY INTEREST
SUBSIDIES OR DEBT CHARGES, GRANTS, OR OTHER PAYMENTS BY FEDERAL
OR STATE AGENCIES AVAILABLE FOR THIS PURPOSE, AND THE COVENANTS OF THE
PARK DISTRICT TO MAINTAIN SUFFICIENT RATES,
CHARGES, AND RENTS TO PRODUCE REVENUES SUFFICIENT TO PAY ALL CURRENT
EXPENSES OF THE FACILITIES PAYABLE BY THE PARK DISTRICT,
TO PAY THE DEBT CHARGES ON THE SECURITIES, AND TO ESTABLISH
AND MAINTAIN ANY CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING
TO THE SECURITIES OR THE FACILITIES, AND, IF THE SECURITIES ARE
ANTICIPATORY SECURITIES, TO ISSUE THE REVENUE SECURITIES IN
ANTICIPATION OF THE ISSUANCE OF WHICH THE SECURITIES ARE
ISSUED. REVENUE SECURITIES ALSO MAY BE SECURED BY A PLEDGE OF
AND LIEN ON THE PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR
REFUND THOSE REVENUE SECURITIES.
(E) THE TOWNSHIP PARK
DISTRICT OFFICERS AUTHORIZED BY THE BOARD OF PARK
COMMISSIONERS SHALL EXECUTE THE NECESSARY DOCUMENTS, INCLUDING,
BUT NOT LIMITED TO, TRUST AGREEMENTS AND LEASES, TO PROVIDE FOR
THE PLEDGE, PROTECTION, AND DISPOSITION OF THE PLEDGED REVENUES
FROM WHICH DEBT CHARGES AND ANY SPECIAL FUND DEPOSITS ARE TO BE
PAID.
(F) AS LONG AS ANY OF
THESE REVENUE SECURITIES, IN EITHER ORIGINAL OR REFUNDED FORM,
REMAIN OUTSTANDING, EXCEPT AS OTHERWISE PROVIDED IN THE
DOCUMENTS REFERRED TO IN DIVISION (E) OF THIS SECTION, ALL PARTS OF
THE FACILITIES THE REVENUES FROM WHICH
ARE PLEDGED SHALL REMAIN UNDER THE CONTROL OF THE BOARD
OF PARK COMMISSIONERS, WHETHER ANY PARTS OF THE FACILITIES ARE
LEASED TO OR OPERATED BY OTHERS OR ARE IN OR THEREAFTER COME
WITHIN THE BOUNDARIES OF ANY MUNICIPAL CORPORATION, AND THE
FACILITIES SHALL REMAIN SUBJECT TO THE POWER AND DUTY OF THE
BOARD OF PARK COMMISSIONERS TO FIX AND COLLECT RATES,
CHARGES, OR RENTS FOR THE USE OF FACILITIES.
(G) SECTIONS 9.98 TO
9.983 OF THE REVISED
CODE APPLY TO REVENUE SECURITIES
ISSUED UNDER THIS SECTION.
(H) REVENUE
SECURITIES ISSUED UNDER THIS SECTION, THEIR TRANSFER, AND ANY
INCOME FROM THEM, INCLUDING ANY PROFIT MADE ON THEIR SALE,
SHALL AT ALL TIMES BE FREE FROM TAXATION WITHIN THE
STATE.
(I) THE APPOINTING AUTHORITY OF THE BOARD OF PARK COMMISSIONERS
OF ANY TOWNSHIP PARK DISTRICT THAT PROPOSES TO ISSUE REVENUE SECURITIES UNDER
THIS SECTION SHALL APPROVE THAT PROPOSAL BY RESOLUTION BEFORE THE PARK
DISTRICT ISSUES THE REVENUE SECURITIES.
Sec. 511.37. The board of township trustees of any
township may make contributions of moneys, LANDS, supplies,
equipment,
office facilities, and other personal property or services to any
board of park commissioners OF A PARK DISTRICT THAT IS established
pursuant to SECTION 511.18 OR
Chapter 1545.
of the Revised Code AND WHOSE TERRITORY OVERLAPS THE TERRITORY OF THE
TOWNSHIP IN WHOLE OR IN PART, for the expenses
PURPOSES of park planning,
acquisition, management, and improvement. The board of park
commissioners may accept such THE contributions without the
approval
of the terms by the probate judge APPOINTING AUTHORITY, IF
APPLICABLE.
Any moneys contributed by the board of township trustees
for such THOSE purposes shall be drawn from the general fund in
the
township treasury not otherwise appropriated. The board of
township trustees may anticipate the contributions of moneys for
such THOSE purposes and enter the amount of such
THE contributions in its
annual statement to the county budget commission for inclusion in
the budget upon which rates of taxation are based.
Sec. 755.16. (A) Any municipal corporation, township,
township park district, county, or school district, jointly with
any one or more other municipal corporations, townships, township
park districts, counties, or school districts, in any
combination, and a joint recreation district, may acquire
property for, construct, operate, and maintain any parks,
playgrounds, playfields, gymnasiums, public baths, swimming
pools,, indoor recreation centers, or community centers, and any
school district may provide by the erection of any school
building or school premises, or BY the enlargement OF, addition
thereto TO, or reconstruction or improvement thereof
OF ANY SCHOOL BUILDING OR SCHOOL PREMISES, for the
inclusion of any such parks, recreational facilities, and
community centers to be jointly acquired, operated, and
maintained. Any municipal corporation, township, township park
district, county, or school district, jointly with any one or
more other municipal corporations, townships, township park
districts, counties, or school districts, in any combination, and
a joint recreation district, may equip, operate, and maintain
such parks, recreational facilities, and community centers and
may appropriate money therefor FOR THEM.
Any municipal corporation, township, township park
district, county, or school district agreeing to jointly acquire,
construct, operate, or maintain parks, recreational facilities,
and community centers pursuant to this section may contribute
such lands, money, other personal property, or services to the
joint venture, as may be agreed upon. Any agreement shall
specify the rights of the parties in any lands or personal
property contributed.
Any lands acquired by a township park district pursuant to
Chapter 511. of the Revised Code and established as a free public
park or parks may be contributed to a joint venture authorized by
this section, but shall remain free and open for public use,
except that fees. FEES may be charged in connection with
the use of any
recreational facilities and community centers that may be
constructed thereon ON THOSE LANDS.
(B) Any township may, jointly with a private land owner,
construct, operate, equip, and maintain free public playgrounds
and playfields. Any equipment provided by a township pursuant to
this division shall remain township property and shall be used
subject to a right of removal by the township.
(C) As used in this section and in sections 755.17 and
755.18 of the Revised Code, "community centers" means facilities
characterized by all of the following:
(1) They are acquired, constructed, operated, or
maintained by political subdivisions, school districts, or a
joint recreation district pursuant to division (A) of this
section;.
(2) They may be used for governmental, civic, or
educational operations or recreational activities;.
(3) They may be used only by the entities that acquire,
construct, operate, or maintain them or by any other person upon
terms and conditions determined by those entities.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to the board of elections not less than seventy-five days before
the election upon which it will be voted that the amount of taxes
that may be raised within the ten-mill limitation will be
insufficient to provide for the necessary requirements of the
subdivision and that it is necessary to levy a tax in excess of
that limitation for any of the following purposes:
(A) For current expenses of the subdivision, except that
the total levy for current expenses of a detention home district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections 2151.34
and 2151.65 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the
subdivision under whatever law organized or authorized to be
supported;
(E) For a municipal university, not to exceed two mills
over the limitation of one mill prescribed in section 3349.13 of
the Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
fire-fighting FIREFIGHTING
companies to operate the same, including the payment of the
firefighter employers'
contribution required under section
742.34 of
the Revised Code, or to THE purchase OF ambulance
equipment, or to
provide THE PROVISION OF ambulance, paramedic, or other emergency
medical services
operated by a fire department or fire-fighting FIREFIGHTING
company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, and other equipment used directly in
the operation of a police department, or the payment of salaries
of permanent police personnel, including the payment of the
police officer employers' contribution
required under section 742.33
of the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political
subdivisions in order to obtain police protection, or to provide THE
PROVISION OF ambulance or emergency medical services operated by a police
department;
(K) For the maintenance and operation of a county home;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention homes, forestry camps, or
other facilities, or any combination thereof, established under
section 2151.34 or 2151.65 of the Revised Code or both of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants
and facilities;
(Q) For the purpose of purchasing, acquiring,
constructing, enlarging, improving, equipping, repairing,
maintaining, or operating, or any combination of the foregoing, a
county transit system pursuant to sections 306.01 to 306.13 of
the Revised Code, or to make OF MAKING any payment to a board of
county commissioners
operating a transit system or a county transit
board pursuant to section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or constructing any schools, forestry camps, detention homes, or
other facilities, or any combination thereof, under section
2151.34 or 2151.65 of the Revised Code or both of those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of
garbage or refuse, including yard waste;
(W) For the payment of the police officer
employers'
contribution or the firefighter
employers' contribution
required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services
or facilities as authorized by section 307.694, 307.85, 505.70, OR
505.706, or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1
system, as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This
division applies only to a county, township, or municipal
corporation.
(DD) For the purpose of acquiring property for,
constructing, operating, and maintaining community centers as
provided for in section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15 of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the cost of constructing, maintaining, repairing, or operating a
water supply improvement;
(HH) For a board of township trustees to acquire, other
than by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has such an OWNERSHIP interest, not for purposes
of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of election,
or ballot form;
(II) For the support by a county of a crime victim
assistance program that is provided and maintained by a county
agency or a private, nonprofit corporation or association under
section 307.62 of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice
services under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail
or other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold agricultural
fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or maintaining
sidewalks, walkways, trails, bicycle pathways, or similar improvements, or
acquiring ownership interests in land necessary for the foregoing
improvements, by a board of township trustees;
(PP) For both of the purposes set forth in divisions (G)
and (OO) of this section. This division applies only to a township.
(QQ) FOR BOTH OF THE PURPOSES SET FORTH IN DIVISIONS (H) AND
(HH) OF THIS SECTION. THIS DIVISION APPLIES ONLY TO A TOWNSHIP.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the
Revised Code, and to supervise and
enforce the easements.
The resolution shall be confined to the
purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose thereof OF THAT
INCREASE IN RATE, and the
number of years during which the increase in rate shall be in
effect, which may or may not include a levy upon the duplicate of
the current year. The number of years may be any number not
exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following, the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention home
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.34 and 2151.65 of the Revised Code;
(b) For providing a county's share of the cost of
maintaining and operating schools, district detention homes,
forestry camps, or other facilities, or any combination thereof,
established under section 2151.34 or 2151.65 of the Revised Code
or under both of those sections.
(3) When the additional rate is for any of the following,
the increased rate may be for a continuing period of time:
(a) For the purposes set forth in division (I), (J), (U),
or (KK) of this section;
(b) For the maintenance and operation of a joint
recreation district;
(c) A levy imposed by a township for the purposes set
forth in division (G) of this section.
(4) When the increase is for the purpose set forth in
division (D) or (CC) of this section or for both of the purposes set forth
in divisions (G) and (OO) of this section, the tax levy
may be for any
specified number of years or for a continuing period of time, as
set forth in the resolution.
(5) When the additional rate is for the purpose described
in division (Z) of this section, the increased rate shall be for
any number of years not exceeding ten.
A levy for the purposes set forth in division (I), (J), or
(U) of this section, and a levy imposed by a township for the
purposes set forth in division (G) of this section, may be
reduced pursuant to section 5705.261 or 5705.31 of the Revised
Code. A levy for the purposes set forth in division (I), (J), or
(U) of this section, and a levy imposed by a township for the
purposes set forth in division (G) of this section, may also be
terminated or permanently reduced by the taxing authority if it
adopts a resolution stating that the continuance of the levy is
unnecessary and the levy shall be terminated or that the millage
is excessive and the levy shall be decreased by a designated
amount.
A resolution of a detention home district, a district
organized under section 2151.65 of the Revised Code, or a
combined district organized under both sections 2151.34 and
2151.65 of the Revised Code may include both current expenses and
other purposes, provided that the resolution shall apportion the
annual rate of levy between the current expenses and THE other
purpose or purposes. The apportionment need not be the same for
each year of the levy, but the respective portions of the rate
actually levied each year for the current expenses and the other
purpose or purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a sewer district or subdistrict created under Chapter 6117. of
the Revised Code, by resolution declares it necessary to levy a
tax in excess of the ten-mill limitation for the purpose of
constructing, improving, or extending sewage disposal plants or
sewage systems, the tax may be in effect for any number of years
not exceeding twenty, and the proceeds thereof OF THE TAX,
notwithstanding
the general provisions of this section, may be used to pay debt
charges on any obligations issued and outstanding on behalf of
the subdivision for the purposes enumerated in this paragraph,
provided that any such obligations have been specifically
described in the resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193 of the Revised Code.
Section 2. That existing sections 511.18, 511.19, 511.20,
511.21, 511.22, 511.23, 511.234, 511.241, 511.27, 511.37, 755.16, and
5705.19 and section 511.25 of
the Revised Code are hereby repealed.
Section 3. Any township park district
with a five-member board of park commissioners on the
effective date of this act shall be succeeded by a board
serving staggered terms of office. Of the appointees whose terms of
office commence on the second Monday of May immediately after the effective
date of this act, two shall serve one-year terms, two
shall serve two-year terms, and one shall serve
a three-year term. Thereafter, terms of office for successive
appointees shall be for three years, as provided in
division (B) of section 511.19 of the Revised Code as amended by this act.
Section 4. For a period of ninety days after the effective date
of this act, if the board of park commissioners of a township park
district created before 1955 is appointed by the board of township trustees,
the board
of township trustees may adopt a resolution to convert the parks
owned and operated by the park district into parks owned and
operated by the township if the township has a population of less than 35,000
and a geographical area of less than fifteen square miles. Upon the adoption
of that resolution,
the township park district shall cease to exist, all real and
personal property owned by the park district shall be transferred
to the township, and the township shall assume liability with
respect to all contracts and debts of the park district. All
employees of the township park district whose parks are so
converted into township parks shall become township employees, and
the board of township trustees may retain the former park
commissioners, on the terms that the trustees consider
appropriate, to operate the property formerly owned by the
township park district.
The township shall continue to collect any taxes levied within the
former township park district, and the taxes shall be deposited
into the township treasury as funds to be used for the park
purposes for which they were levied.
Within fifteen days after the adoption of a township park district
conversion resolution under this section, the clerk of the board
of township trustees shall certify a copy of that resolution to
the county auditor.
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