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H. B. No. 423 As Reported by the House Local Government CommitteeAs Reported by the House Local Government Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Blessing, Wachtmann, Stebelton, Conditt, Schuring
A BILL
To amend section 755.181 of the Revised Code to
provide for the dissolution of a joint recreation
district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 755.181 of the Revised Code be
amended to read as follows:
Sec. 755.181. The legislative authority of any municipal
corporation, township, township park district, county, or school
district desiring to join a joint recreation district created
under section 755.14 of the Revised Code may, by resolution,
petition the joint recreation district board of trustees for
membership. If the joint recreation district does not impose a
tax, the petitioning subdivision becomes a member upon approval by
the joint recreation district's board of trustees. If the joint
recreation district imposes a tax, the petitioning subdivision
becomes a member after approval by the joint recreation district's
board of trustees and after approval of the tax by the electors of
the petitioning subdivision.
Upon certification by the board of trustees of the joint
recreation district to the appropriate boards of election, the
boards of election shall make the necessary arrangements for the
submission of the question to the electors of the petitioning
subdivision qualified to vote thereon. The election shall be held,
canvassed, and certified in the manner provided for the submission
of tax levies under section 5705.19 of the Revised Code, except
that the question appearing on the ballot shall read:
"Shall the territory within ............... (Name of the
subdivision to be added) be added to .................... (Name)
joint recreation district, and a property tax at a rate of
taxation not exceeding ................. (here insert tax rate) be
in effect for ................. (here insert the number of years
the tax is to be in effect)?" If the question is approved by at
least a majority of the electors voting on it, the joinder shall
be effective as of the first day of January of the year following
approval, and on that date, the joint recreation district tax
shall be extended to the taxable property within the territory
that has been added.
The legislative authority of any subdivision that is a member
of a joint recreation district may withdraw from it upon
certification of a resolution proclaiming a withdrawal to the
joint recreation district's board of trustees. Any subdivision
withdrawing from a joint recreation district shall continue to
have levied against its tax duplicate any tax levied by the
district on the effective date of the withdrawal until it expires
or is renewed. Members of a joint recreation district's board of
trustees who represent the withdrawing subdivision are deemed to
have resigned their position upon certification of a withdrawal
resolution. Upon the withdrawal of any subdivision from a joint
recreation district, the county auditor shall ascertain,
apportion, and order a division of the funds on hand, moneys and
taxes in the process of collection, except for taxes levied for
the payment of indebtedness, credits, and real and personal
property, either in money or in kind, on the basis of the
valuation of the respective tax duplicates of the withdrawing
subdivision and the remaining territory of the joint recreation
district.
When the number of subdivisions comprising a joint recreation
district is reduced to one, the joint recreation district ceases
to exist, and the funds, credits, and property remaining after
apportionments to withdrawing subdivisions shall be assumed by the
one remaining subdivision. When a joint recreation district ceases
to exist and indebtedness remains unpaid, the board of county
commissioners shall continue to levy and collect taxes for the
payment of that indebtedness within the territory of the joint
recreation district as it was comprised at the time the
indebtedness was incurred.
Section 2. That existing section 755.181 of the Revised Code
is hereby repealed.
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