Ohio Code § 1545.041

§ 1545.041.

(A) Any township park district created pursuant to section 511.18 of the Revised Code that includes park land located outside the township in which the park district was

established may be converted under the procedures provided in this section into a

park district to be operated and maintained as provided for in this chapter, provided

that there is no existing park district created under section 1545.04 of the Revised Code in the county in which the township park district is located.  The proposed park district shall include within its boundary all townships and municipal

corporations in which lands owned by the township park district seeking conversion

are located, and may include any other townships and municipal corporations in the

county in which the township park district is located. (B) Conversion of a township park district into a park district operated and maintained

under this chapter shall be initiated by a resolution adopted by the board of park

commissioners of the park district.  Any resolution initiating a conversion shall include the following: (1) The name of the township park district seeking conversion; (2) The name of the proposed park district; (3) An accurate description of the territory to be included in the proposed district; (4) An accurate map or plat of the proposed park district.  The resolution may also include a proposed tax levy for the operation and maintenance

of the proposed park district.  If such a tax levy is proposed, the resolution shall specify the annual rate of

the tax, expressed in dollars for each one hundred thousand dollars of the county

auditor's market value and in mills for each dollar of taxable value, and the number

of consecutive years the levy will be in effect.  The annual rate of such a tax may not be higher than the total combined millage

of all levies then in effect for the benefit of the township park district named in

the resolution. (C) Upon adoption of the resolution provided for in division (B) of this section, the

board of park commissioners of the township park district seeking conversion under

this section shall certify the resolution to the county auditor, who shall certify

to the board the information required for a tax levy under section 5705.03 of the Revised Code , in the same manner as required under that section. The board shall certify the resolution and the county auditor's certification to the

board of elections of the county in which the park district is located no later than

four p.m. of the seventy-fifth day before the day of the election at which the question

will be voted upon.  Upon certification of the resolution to the board, the board of elections shall

make the necessary arrangements to submit the question of conversion of the township

park into a park district operated and maintained under Chapter 1545. of the Revised

Code, to the electors qualified to vote at the next primary or general election who

reside in the territory of the proposed park district.  The question shall provide for a tax levy if such a levy is specified in the resolution. (D) The ballot submitted to the electors as provided in division (C) of this section

shall contain the following language: “Shall the _______________ (name of the township park district seeking conversion)

be converted into a park district to be operated and maintained under Chapter 1545.

of the Revised Code under the name of _______________ (name of proposed park district),

which park district shall include the following townships and municipal corporations: (Name townships and municipal corporations) Approval of the proposed conversion will result in the termination of all existing

tax levies voted for the benefit of _______________ (name of the township park district

sought to be converted) and in the levy of a new tax for the operation and maintenance

of ______________ (name of proposed park district), that the county auditor estimates

will collect $____ annually, at a rate not exceeding _________ mills for each $1 of

taxable value, which amounts to $________ for each $100,000 of the county auditor's

market value, for _____ (number of years the millage is to be imposed) years, commencing

on the ______ (year) tax duplicate. For the proposed conversion ” Against the proposed conversion (E) If the proposed conversion is approved by at least a majority of the electors voting

on the proposal, the township park district that seeks conversion shall become a park

district subject to Chapter 1545. of the Revised Code effective the first day of January

following approval by the voters.  The park district shall have the name specified in the resolution, and effective

the first day of January following approval by the voters, the following shall occur: (1) The indebtedness of the former township park district shall be assumed by the new

park district; (2) All rights, assets, properties, and other interests of the former township park district

shall become vested in the new park district, including the rights to any tax revenues

previously vested in the former township park district;  provided, that all tax levies

in excess of the ten mill limitation approved for the benefit of the former township

park district shall be removed from the tax lists after the February settlement next

succeeding the conversion.  Any tax levy approved in connection with the conversion shall be certified as provided

in section 5705.25 of the Revised Code . (3) The members of the board of park commissioners of the former township park district

shall be the members of the board of park commissioners of the new park district,

with all the same powers and duties as if appointed under section 1545.05 of the Revised Code .  The term of each such commissioner shall expire on the first day of January of the

year following the year in which his term would have expired under section 511.19 of the Revised Code .  Thereafter, commissioners shall be appointed pursuant to section 1545.05 of the Revised Code . As used in this section, “the county auditor's market value” has the same meaning

as in section 5705.01 of the Revised Code .