Bill Text: OH HB423 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To provide for the dissolution of a joint recreation district.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Passed) 2013-03-13 - Effective Date [HB423 Detail]

Download: Ohio-2011-HB423-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

H. B. No. 423

Representative Gonzales 

Cosponsors: Representatives Blessing, Wachtmann, Stebelton, Conditt, Schuring, Brenner, Garland, Huffman, Landis, Lynch, Newbold, Sears, Stautberg 

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A BILL

To amend section 755.181 of the Revised Code to

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provide for the dissolution of a joint recreation

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district.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 755.181 of the Revised Code be	4
amended to read as follows:	5

Sec. 755.181.  The legislative authority of any municipal	6
corporation, township, township park district, county, or school	7
district desiring to join a joint recreation district created	8
under section 755.14 of the Revised Code may, by resolution,	9
petition the joint recreation district board of trustees for	10
membership. If the joint recreation district does not impose a	11
tax, the petitioning subdivision becomes a member upon approval by	12
the joint recreation district's board of trustees. If the joint	13
recreation district imposes a tax, the petitioning subdivision	14
becomes a member after approval by the joint recreation district's	15
board of trustees and after approval of the tax by the electors of	16
the petitioning subdivision.	17

Upon certification by the board of trustees of the joint	18
recreation district to the appropriate boards of election, the	19
boards of election shall make the necessary arrangements for the	20
submission of the question to the electors of the petitioning	21
subdivision qualified to vote thereon. The election shall be held,	22
canvassed, and certified in the manner provided for the submission	23
of tax levies under section 5705.19 of the Revised Code, except	24
that the question appearing on the ballot shall read:	25

"Shall the territory within ............... (Name of the	26
subdivision to be added) be added to .................... (Name)	27
joint recreation district, and a property tax at a rate of	28
taxation not exceeding ................. (here insert tax rate) be	29
in effect for ................. (here insert the number of years	30
the tax is to be in effect)?" If the question is approved by at	31
least a majority of the electors voting on it, the joinder shall	32
be effective as of the first day of January of the year following	33
approval, and on that date, the joint recreation district tax	34
shall be extended to the taxable property within the territory	35
that has been added.	36

The legislative authority of any subdivision that is a member	37
of a joint recreation district may withdraw from it upon	38
certification of a resolution proclaiming a withdrawal to the	39
joint recreation district's board of trustees. Any subdivision	40
withdrawing from a joint recreation district shall continue to	41
have levied against its tax duplicate any tax levied by the	42
district on the effective date of the withdrawal until it expires	43
or is renewed. Members of a joint recreation district's board of	44
trustees who represent the withdrawing subdivision are deemed to	45
have resigned their position upon certification of a withdrawal	46
resolution. Upon the withdrawal of any subdivision from a joint	47
recreation district, the county auditor shall ascertain,	48
apportion, and order a division of the funds on hand, moneys and	49
taxes in the process of collection, except for taxes levied for	50
the payment of indebtedness, credits, and real and personal	51
property, either in money or in kind, on the basis of the	52
valuation of the respective tax duplicates of the withdrawing	53
subdivision and the remaining territory of the joint recreation	54
district.	55

When the number of subdivisions comprising a joint recreation	56
district is reduced to one, the joint recreation district ceases	57
to exist, and the funds, credits, and property remaining after	58
apportionments to withdrawing subdivisions shall be assumed by the	59
one remaining subdivision. When a joint recreation district ceases	60
to exist and indebtedness remains unpaid, the board of county	61
commissioners shall continue to levy and collect taxes for the	62
payment of that indebtedness within the territory of the joint	63
recreation district as it was comprised at the time the	64
indebtedness was incurred.	65

Section 2. That existing section 755.181 of the Revised Code	66
is hereby repealed.	67