Elk Grove Village, IL asked in Tax Law for Ohio

Q: If a tax levy is stated with multiple items benefiting but does not specify a split, can the split be on need not even?

We passed a tax levy in 2012 for "Community Center, Parks, and Recreation." The levy did not specify it would be split in any particular way. After much debate, the council voted in a close vote to split it into 3rds. This is a 5 year levy. Now, we are considering re-voting on the split to make the money go further for the community center. Can we re-vote? Can we minimize the allocation for parks and recreations, who both have ample funding for the activities of the coming year from this levy in prior years, for a year so as to dig the community center out of the hole?

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1 Lawyer Answer

A: Was who would have the authority to disperse the funds specified? Is there a conflict between council and the mayor or city manager regarding the proposed distribution? If the voters passed the levy for those purposes without a specified split, someone in city government has the authority to disperse the funds between the potential beneficiaries, and there is no reason to assume an even split. The bigger question is who has this authority?

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