SECTION VIII-5 LEVY FOR LAND CONSERVATION AND OPEN SPACE FUND.
   Commencing with the tax list and duplicate for the year 2021, the Council may levy in each year for a period of five years, without a vote of the people, a tax in an amount not to exceed in each such year one mill per dollar of assessed valuation upon all property in the Municipality assessed and listed for taxation according to value for the public purpose of conserving, retaining, protecting and preserving land, water, forest, open, natural or wetland areas in this Municipality predominantly in their natural, scenic, open or wooded condition or as suitable habitat for fish, plants or wildlife, including the acquisition of such real property or interests therein as may be necessary to carry out that purpose. The amount of taxes in each year so levied pursuant to this Section shall not be subject to the limitations on the rate of taxation provided in this Charter and shall be in addition to any taxes levied by Council pursuant to any provision of this Charter or the general laws of the State of Ohio. There is hereby established a special fund of the Municipality, to be known as the "Land Conservation and Open Space Fund", into which the proceeds of the tax levied pursuant to this Section shall be deposited. Moneys credited to that fund shall be invested in such investments as permitted by law provided, however, that all investment earnings (including interest earnings) thereon shall be credited to that fund. The Council of the Municipality may enter into such agreements from time to time as it may determine to be necessary with nonprofit organizations which are organized for the aforesaid purpose, including the Gates Mills Land Conservancy, all in furtherance of carrying out the aforesaid public purpose, including the appropriation and payment of any moneys as may be necessary from the Land Conservation and Open Space Fund to such nonprofit organization pursuant to any such agreement.
(Enacted Nov. 5, 1991; Amended Nov. 5, 1996; Amended Nov. 6, 2001; Amended Nov. 8, 2011; Amended Nov. 8, 2016; Amended Nov. 2, 2021.)