As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 201 5
1997-1998 6
SENATOR OELSLAGER 8
10
A B I L L
To amend sections 6119.02, 6119.04, 6119.05, 12
6119.06, 6119.10, 6119.28, and 6119.41 and to 13
enact sections 6119.061 and 6119.071 of the
Revised Code to provide for the filing of a 14
petition of remonstrance to preclude the
establishment of a regional water and sewer 15
district, to provide for the removal of members 16
from the board of trustees of a district, to
require a board to conduct a feasibility study 17
prior to proceeding with certain projects or 18
improvements, and to prohibit a board from
awarding a contract to the entity that conducts 19
the feasibility study for the same project.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 6119.02, 6119.04, 6119.05, 22
6119.06, 6119.10, 6119.28, and 6119.41 be amended and sections 23
6119.061 and 6119.071 of the Revised Code be enacted to read as 24
follows:
Sec. 6119.02. Proceedings for the organization of a 33
regional water and sewer district shall be initiated only by a 34
petition filed in the office of the clerk of the court of common 35
pleas of one of the counties all or part of which lies within the 36
proposed district. Such petition shall be signed by one or more 37
municipal corporations or one or more counties or by one or more 38
townships, or by any combination of them, after having been 39
authorized by the legislative authority of the subdivision. The 40
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legislative authority of any municipal corporation, the board of 41
county commissioners of any county, and the board of trustees of 42
any township may act in behalf of any part of their respective 43
subdivisions. Such petition shall state: 44
(A) The proposed name of the district; 46
(B) The place in which its principal office is to be 48
located; 49
(C) The necessity for the proposed district and that it 51
will be conducive to the public health, safety, convenience, or 52
welfare; 53
(D) A general description of the purpose of the proposed 55
district; 56
(E) A general description of the territory to be included 58
in the district which need not be given by metes and bounds or by 59
legal subdivisions, but it is sufficient if an accurate 60
description is given of the territory to be organized as a 61
district; such territory need not be contiguous, provided it is 62
so situated that the public health, safety, convenience, or 63
welfare will be promoted by the organization as a single district 64
of the territory described; 65
(F) The manner of selection, THE GROUNDS FOR AND MANNER OF 67
REMOVAL, the number, the term, and the compensation of the 69
members of the governing body of the district, which body shall 70
be called a board of trustees. Such THE petition may set forth 71
procedures for subsequent changes in the composition of and other 72
provisions relating to such THE board of trustees. 73
(G) The plan for financing the cost of the operations of 75
the district until it is in receipt of revenue from its 76
operations or proceeds from the sale of bonds; 77
(H) A prayer for the organization of the district by the 79
name proposed, either before or after a preliminary hearing as 80
provided in section 6119.04 of the Revised Code. 81
Upon the filing of such THE petition, the judge of the 83
court of common pleas of the county wherein the petition is filed 84
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or, in the case of a county having more than one such judge, a 85
judge of such court assigned by its presiding judge shall 86
determine whether such THE petition complies with the 87
requirements of this section as to form and content. No petition 88
shall be declared void by the judge on account of alleged 89
defects, and the court in subsequent proceedings may at any time 90
permit the petition to be amended in form and substance to 91
conform to the facts by correcting any errors in the description 92
of the territory or in any other particular. 93
Sec. 6119.04. The AT ITS FIRST MEETING, THE court of 102
common pleas constituted as provided in section 6119.03 of the 104
Revised Code, at its first meeting, shall fix the time and place 105
of a PRELIMINARY hearing on the petition for the establishment of 106
the proposed regional water and sewer district and such hearing 107
shall be either preliminary or final as the petition may request. 108
Such THE PRELIMINARY hearing shall be held not later than sixty 110
days thereafter AFTER THE FIRST MEETING OF THE COURT, and the 111
clerk of the court shall give notice thereof OF THE PRELIMINARY 112
HEARING by publication once each week for four consecutive weeks 114
in a newspaper having a general circulation in each of the 115
counties THAT IS LOCATED, in whole or in part, within the
PROPOSED district. The clerk shall send notice by certified mail 116
to the director of environmental protection. Any person or any 118
political subdivision residing or lying within an area affected 119
by the organization of the district MAY FILE, on or before the 120
date set for the cause to be heard, may file an objection to the 122
granting of the requests made in the prayer of the petition. 123
(A) Upon a preliminary hearing, if it appears that the 125
proposed district is probably necessary and that it will probably 126
WILL be conducive to the public health, safety, convenience, or 128
welfare, the court after disposing of all objections as justice 129
and equity require shall by its findings, entered of record, 130
issue AN ORDER DECLARING THAT THE PROPOSED DISTRICT PROBABLY IS 132
NECESSARY AND PROBABLY WILL BE CONDUCIVE TO THE PUBLIC HEALTH, 133
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SAFETY, CONVENIENCE, OR WELFARE. UPON THE ISSUANCE OF AN ORDER 134
OF PROBABLE NECESSITY, THE CLERK OF THE COURT SHALL GIVE NOTICE 135
OF THE ISSUANCE BY PUBLICATION ONCE EACH WEEK FOR FOUR 136
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN EACH 137
COUNTY THAT IS LOCATED WHOLLY OR PARTLY WITHIN THE PROPOSED 138
DISTRICT. THE NOTICE ALSO SHALL STATE THAT NO SOONER THAN NINETY 139
DAYS AFTER THE ISSUANCE OF THE ORDER OF PROBABLE NECESSITY THE 140
COURT INTENDS TO ISSUE A PRELIMINARY ORDER DECLARING THE PROPOSED 141
DISTRICT TO BE ORGANIZED UNLESS, WITHIN THAT TIME, QUALIFIED 142
ELECTORS RESIDING IN THE AREA OF THE PROPOSED DISTRICT EQUAL IN 143
NUMBER TO A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN THE LAST 145
GENERAL ELECTION WITHIN THE AREA FILE WITH THE CLERK A PETITION 146
OF REMONSTRANCE AGAINST THE ORGANIZATION OF THE DISTRICT. IF THE 147
COURT, UPON PRELIMINARY HEARING, FINDS THAT THE DISTRICT IS NOT 148
NECESSARY OR WILL NOT BE CONDUCIVE TO THE PUBLIC HEALTH, SAFETY, 149
CONVENIENCE, OR WELFARE, THE COURT SHALL DISMISS THE PROCEEDINGS 150
FOR ORGANIZATION OF THE DISTRICT AND ADJUDGE THE COSTS AGAINST 151
THE PETITIONERS PROPOSING THE ORGANIZATION.
IF A PETITION OF REMONSTRANCE IS FILED WITH THE CLERK OF 153
THE COURT WITHIN NINETY DAYS AFTER THE ISSUANCE OF THE ORDER OF 154
PROBABLE NECESSITY, THE CLERK, UPON RECEIVING THE PETITION, SHALL 156
REQUEST THE BOARD OF ELECTIONS OF EACH COUNTY LOCATED WHOLLY OR 157
PARTLY WITHIN THE AREA OF THE PROPOSED DISTRICT TO CHECK THE 158
SUFFICIENCY OF THE SIGNATURES ON THE PETITION. THE BOARDS OF 159
ELECTIONS, WITHIN THIRTY DAYS AFTER RECEIVING THE PETITION FROM 160
THE CLERK, SHALL DO SO AND CERTIFY THEIR FINDINGS TO THE CLERK. 161
IF THE CERTIFIED FINDINGS OF THE BOARDS OF ELECTIONS INDICATE 162
THAT THE PETITION OF REMONSTRANCE BEARS THE REQUISITE NUMBER OF 163
SIGNATURES OF QUALIFIED ELECTORS RESIDING WITHIN THE AREA 164
COMPRISING THE PROPOSED DISTRICT, THE COURT SHALL ENTER AN ORDER
DISMISSING THE PROCEEDINGS FOR ORGANIZATION OF THE DISTRICT AND 166
ADJUDGE THE COSTS AGAINST THE PETITIONERS PROPOSING THE 167
ORGANIZATION.
IF NO PETITION OF REMONSTRANCE IS FILED WITH THE CLERK 169
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WITHIN NINETY DAYS AFTER ISSUANCE OF THE ORDER OF PROBABLE 170
NECESSITY OR IF THE CERTIFIED FINDINGS OF THE BOARDS OF ELECTIONS 171
INDICATE THAT THE PETITION FILED DOES NOT BEAR A SUFFICIENT 173
NUMBER OF SIGNATURES OF QUALIFIED ELECTORS RESIDING WITHIN THE 174
PROPOSED DISTRICT, THE COURT SHALL ISSUE a preliminary order 175
declaring the district to be organized and an independent 176
political subdivision of the state with a corporate name 177
designated in the order for the purpose of FOLLOWING PURPOSES: 178
(1) The election or appointment of the board of trustees 180
in the manner provided in the petition; 181
(2) The election, appointment, or employment of such 183
officers, employees, accounting experts, engineers, attorneys, 184
financial consultants, architects, other consultants and 185
independent contractors or other persons as may be necessary to 186
prepare a plan for the operation of the district; 187
(3) The collection of the funds in the manner provided in 189
the petition to be used and disbursed by the district; 190
(4) The preparation of a plan for the operation of the 192
district, and the district shall possess such powers as may be 193
necessary to carry out said THOSE purposes. 194
The preliminary order shall direct the district to file a 196
plan for the operation of the district within six months from the 197
date of the preliminary order or within such further time or 198
times as the court may from time to time order. 199
Upon the filing by the district of a plan for the operation 201
of the district, the court shall fix the time and place for a 202
final hearing on the petition for the establishment of the 203
proposed district and the plan for the operation of the district 204
as filed in the proceeding. The hearing shall be held not later 205
than sixty days thereafter AFTER THE FILING OF THE PLAN, and the 206
clerk of the court of common pleas shall again give notice 208
thereof OF THE FINAL HEARING as required in this section. Any 210
person or any political subdivision residing or lying within the 211
area affected by the organization of the district or by the plan 212
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for the operation of the district, on or before the date set for 213
the cause to be heard, may file any objections to the final 214
organization of the district or the plan for the operation of the 215
district.
(B) The court may, upon good cause shown at any time 217
before the granting of a final order, MAY DO ANY OF THE 218
FOLLOWING:
(1) Grant a right to any municipal corporation or county 220
acting in behalf of a sewer district within such THE county to 221
become a party to such THE proceeding if such THE intervening 224
party requests to have some part or all of its territory included 225
within the district; 226
(2) Grant in part or in toto an intervening petition of a 228
municipal corporation or a county acting in behalf of a sewer 229
district within such THE county, which is not wholly included 230
within territory described in the petition, to have some part or 232
all of its territory included within the district; 233
(3) Grant a request filed by any party to the petition or 235
intervening party to modify any request set forth in the 236
petition, including: 237
(a) A reduction in the territory to be included within the 239
district; 240
(b) Addition to or deletion of a purpose or purposes of 242
the proposed district as set forth in the petition so long as the 243
purposes that remain are those included within section 6119.01 of 244
the Revised Code; 245
(c) The manner of selection, THE GROUNDS FOR AND MANNER OF 247
REMOVAL, the number, the term, and the compensation of the 249
members of the board of trustees; provided that after the filing 250
of any intervening petition or request to modify, the court has 251
fixed a time and place for a hearing thereof ON THE PETITION OR 252
REQUEST, such THE hearing to be held not less than sixty days 253
after the filing thereof OF THE PETITION OR REQUEST and the clerk 254
of the court of common pleas has given notice as required in this 256
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section.
(C) Upon final hearing, whether or not a preliminary 258
hearing is requested in the petition, if it appears that the 259
proposed district is necessary, that it and the plan for the 260
operation of the district is ARE conducive to the public health, 261
safety, convenience, and welfare and that the plan for the 262
operation of the district is economical, feasible, fair, and 263
reasonable, the court, after disposing of all objections as 264
justice and equity require, shall DECLARE by its findings, 265
entered of record, declare THAT the district IS finally and 266
completely organized and to be, or to be IS empowered to continue 268
as, a political subdivision. Thereupon UPON THE MAKING OF THAT 269
FINAL DECLARATION BY THE COURT, the district shall have power to 270
sue and be sued; to incur debts, liabilities, and obligations; to 271
exercise the right of eminent domain and of taxation and 272
assessment as provided in Chapter 6119. of the Revised Code THIS 273
CHAPTER; to issue bonds; and to perform all acts authorized in 275
such sections THIS CHAPTER and to execute and carry out the plan 277
for the operation of the district and to amend, modify, change, 278
or alter the plan for its operation as the board of trustees may 279
from time to time determine necessary. 280
(D) If the court finds that the organization of the 282
district is not necessary or will not be conducive to the public 283
health, safety, convenience, or welfare, or that the plan for the 284
operation of the district is not economical, feasible, fair, or 285
reasonable, or if the district fails to file a plan for the 286
operation of the district within the time prescribed by the 287
court, it shall dismiss the proceedings and adjudge the costs 288
against the petitioners, PROPOSING ORGANIZATION OF THE DISTRICT 289
and if a preliminary order has been made organizing the district, 291
the court shall declare the district dissolved and enter its 292
order for the distribution of any and all assets that may be 293
owned by the district after the payment of its liabilities. 294
Any municipal corporation, board of county commissioners, 296
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or board of township trustees may advance to the district such 297
sums of money as the legislative authority of the municipal 298
corporation, the board of county commissioners, or the board of 299
township trustees determines will not be in excess of the 300
benefits that can be anticipated to be derived by such THE 301
municipal corporation, county, or township from the establishment 303
of the district at such times as requested by the district and 304
authorized by such THE legislative authority or such THE board 306
and pursuant to an agreement between the district and such THE 307
municipal corporation, county, or township setting forth whether 309
and when such THE sums ADVANCED shall be repaid. Such THE sums 311
ADVANCED when paid to the district at any time after the 312
preliminary order of the court shall be used by the district for 313
its purposes in the preparation of a plan for the operation of 314
the district and for other purposes of the district. The 315
district shall keep proper records showing the amount so advanced 316
and disbursed. If the court orders the district dissolved as 317
permitted in this section, the interest any municipal 318
corporation, board of county commissioners, or board of township 319
trustees has in the assets of the district shall be limited to 320
those assets remaining after the payment of all other liabilities 321
of the district.
Sec. 6119.05. At any time after the creation of a regional 330
water and sewer district, any county, township, or municipal 331
corporation whose territory is not wholly included within such 332
THE district may file an application with such THE district 334
setting forth a general description of the territory it desires 336
to have included within such THE district, the necessity for the 337
inclusion of such THE territory within the district, that it will 339
be conducive to the public health, safety, convenience, or 341
welfare, and that it will be practical and feasible for such THE 342
territory to be included within the district. If said THE 344
application is approved by a majority of the board of trustees of 345
said THE district, the territory described in said THE 347
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application shall thereupon become part of such THE district. If 350
such THE application fails to receive the approval of a majority 352
of the board within sixty days after the filing of said THE 353
application with said THE district, the county, township, or 354
municipal corporation filing such THE application may file a 355
petition in the court of common pleas requesting the order of 357
such THE court upon the board directing the board to include the 359
territory described in said THE application within said THE 360
district. Upon the filing of such THE petition, the court shall 362
set a date for hearing and notify the district by service of 364
process on the secretary of the board of the filing of such THE 365
petition and of the date set for the hearing. If at such THE 367
hearing the court finds that it will be conducive to the public 369
health, safety, convenience, or welfare of the district and to 370
the territory described in the petition and that it will be 371
practical and feasible for such THE territory to be included 373
within such THE district, the court shall order that such THE 374
territory be included within the district and the terms for its 375
inclusion therein. If the court finds that it will not be 376
conducive to the public health, safety, convenience, or welfare 377
of the district or to the territory described in the petition, or 378
that it will not be practical or feasible for such THE territory 379
to be included within such THE district, it shall dismiss the 381
petition and adjudge the costs against the petitioner PROPOSING 382
THE INCLUSION. 383
Such THE inclusion shall become legally effective unless, 385
prior to the ninetieth day following the approval of the board or 386
the order of the court for inclusion, qualified electors residing 387
in the area proposed to be included in such THE district equal in 388
number to a majority of the qualified electors voting at the last 389
general election in such THE area file with the secretary of the 390
board of trustees of the district in which inclusion is proposed 391
a petition of remonstrance against such THE inclusion. The 392
secretary shall cause REQUEST the board of elections of the 393
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proper county or counties to check the sufficiency of the 395
signatures on such THE petition. THE BOARD OF ELECTIONS, THIRTY 396
DAYS AFTER RECEIVING THE PETITION FROM THE SECRETARY, SHALL DO SO 397
AND CERTIFY ITS FINDINGS TO THE CLERK.
Sec. 6119.06. Upon the declaration of the court of common 406
pleas organizing the regional water and sewer district pursuant 407
to section 6119.04 of the Revised Code and upon the qualifying of 408
its board of trustees and the election of a president and a 409
secretary, said THE district shall exercise in its own name all 410
the rights, powers, and duties vested in it by Chapter 6119. of 411
the Revised Code THIS CHAPTER, and, subject to such reservations, 412
limitations, and qualifications as are set forth in this Chapter 414
CHAPTER, such THE district may DO ANY OF THE FOLLOWING: 415
(A) Adopt bylaws for the regulation of its affairs, the 417
conduct of its business, and notice of its actions; 418
(B) Adopt an official seal; 420
(C) Maintain a principal office and suboffices at such 422
places within the district as it designates; 423
(D) Sue and plead in its own name; be sued and impleaded 425
in its own name with respect to its contracts or torts of its 426
members, employees, or agents acting within the scope of their 427
employment, or to enforce its obligations and covenants made 428
under sections 6119.09, 6119.12, and 6119.14 of the Revised Code. 429
Any such actions against the district shall be brought in the 430
court of common pleas of the county in which the principal office 431
of the district is located, or in the court of common pleas of 432
the county in which the cause of action arose, and all summonses, 433
exceptions, and notices of every kind shall be served on the 434
district by leaving a copy thereof OF THE SUMMONS, EXCEPTION, OR 435
NOTICE at the principal office with the person in charge thereof 437
or with the secretary of the district;. 438
(E) Assume any liability or obligation of any person or 440
political subdivision, including a right on the part of such THE 441
district to indemnify and save HOLD harmless the other 442
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contracting party from any loss, cost, or liability by reason of 444
the failure, refusal, neglect, or omission of such THE district 445
to perform any agreement assumed by it or to act or discharge any 447
such obligation; 448
(F) Make loans and grants to political subdivisions for 450
the acquisition or construction of water resource projects by 451
such THE political subdivisions and adopt rules, regulations, and 453
procedures for making such THOSE loans and grants; 454
(G) Acquire, construct, reconstruct, enlarge, improve, 456
furnish, equip, maintain, repair, operate, lease or rent to or 457
from, or contract for operation by or for, a political 458
subdivision or person, water resource projects within or without 459
the district; 460
(H) Make available the use or service of any water 462
resource project to one or more persons, one or more political 463
subdivisions, or any combination thereof OF PERSONS OR POLITICAL 464
SUBDIVISIONS; 465
(I) Levy and collect taxes and special assessments; 467
(J) Issue bonds and notes and refunding bonds and notes as 469
provided in Chapter 6119. of the Revised Code THIS CHAPTER; 470
(K) Acquire by gift or purchase, hold, and dispose of real 472
and personal property in the exercise of its powers and the 473
performance of its duties under Chapter 6119. of the Revised Code 475
THIS CHAPTER;
(L) Dispose of, by public or private sale, or lease any 477
real or personal property determined by the board of trustees to 478
be no longer necessary or needed for the operation or purposes of 479
the district; 480
(M) Acquire, in the name of the district, by purchase or 482
otherwise, on such terms and in such manner as it considers 483
proper, or by the exercise of the right of condemnation in the 484
manner provided by section 6119.11 of the Revised Code, such 485
public or private lands, including public parks, playgrounds, or 486
reservations, or parts thereof or rights therein, rights-of-way, 487
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property, rights, easements, and interests as it considers 488
necessary for carrying out Chapter 6119. of the Revised Code THIS 489
CHAPTER, but excluding the acquisition by the exercise of the 491
right of condemnation of any waste water facility or water 492
management facility owned by any person or political subdivision, 493
and compensation shall be paid for public or private lands so 494
taken;
(N) Adopt rules and regulations to protect augmented flow 496
by the district in waters of the state, to the extent augmented 497
by a water resource project, from depletion so it will be 498
available for beneficial use, to provide standards for the 499
withdrawal from waters of the state of the augmented flow created 500
by a water resource project which is not returned to the waters 501
of the state so augmented, and to establish reasonable charges 502
therefor, if considered necessary by the district; 503
(O) Make SUBJECT TO DIVISION (B) OF SECTION 6119.061 OF 505
THE REVISED CODE, MAKE and enter into all contracts and 506
agreements and execute all instruments necessary or incidental to 507
the performance of its duties and the execution of its powers 508
under Chapter 6119. of the Revised Code THIS CHAPTER; 509
(P) Enter into contracts with any person or any political 511
subdivision to render services to such THE contracting party for 512
any service the district is authorized to provide; 513
(Q) Make provision for, contract for, or sell any of its 515
by-products or waste; 516
(R) Exercise the power of eminent domain in the manner 518
provided in Chapter 6119. of the Revised Code THIS CHAPTER; 519
(S) Remove or change the location of any fence, building, 521
railroad, canal, or other structure or improvement located in or 522
out of the district, and in case it is not feasible or economical 523
to move any such building, structure, or improvement situated in 524
or upon lands required, and if the cost is determined by the 525
board to be less than that of purchase or condemnation, to 526
acquire land and construct, acquire, or install therein or 527
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thereon buildings, structures, or improvements similar in 528
purpose, to be exchanged for such THOSE buildings, structures, or 530
improvements under contracts entered into between the owner 531
thereof OF THE BUILDINGS, STRUCTURES, OR IMPROVEMENTS and the 532
district; 533
(T) Receive and accept, from any federal or state agency, 535
grants for or in aid of the construction of any water resource 536
project, and receive and accept aid or contributions from any 537
source of money, property, labor, or other things of value, to be 538
held, used, and applied only for the purposes for which such THE 539
grants and contributions are made; 540
(U) Purchase fire and extended coverage and liability 542
insurance for any water resource project and for the principal 543
office and suboffices of the district, insurance protecting the 544
district and its officers and employees against liability for 545
damage to property or injury to or death of persons arising from 546
its operations, and any other insurance the district may agree to 547
provide under any resolution authorizing its water resource 548
revenue bonds or in any trust agreement securing the same; 549
(V) Charge, alter, and collect rentals and other charges 551
for the use of services of any water resource project as provided 552
in section 6119.09 of the Revised Code. Such THE district may 553
refuse the services of any of its projects if any of such THE 555
rentals or other charges, including penalties for late payment, 557
are not paid by the user thereof OF THE SERVICES, and, if such 558
THE rentals or other charges are not paid when due and upon 560
certification of nonpayment to the county auditor, such THE 561
rentals or other charges constitute a lien upon the property so 563
served, shall be placed by him THE AUDITOR upon the real property 565
tax list and duplicate, and shall be collected in the same manner 566
as other taxes;.
(W) Provide coverage for its employees under Chapters 568
145., 4123., and 4141. of the Revised Code; 569
(X) Merge or combine with any other regional water and 571
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sewer district into a single district, which shall be one of the 572
constituent districts, on terms so that the surviving district 573
shall be possessed of all rights, capacity, privileges, powers, 574
franchises, and authority of the constituent districts and shall 575
be subject to all the liabilities, obligations, and duties of 576
each of the constituent districts and all rights of creditors of 577
such THE constituent districts shall be preserved unimpaired, 578
limited in lien to the property affected by such THE liens 580
immediately prior to the time of the merger and all debts, 582
liabilities, and duties of the respective constituent districts 583
shall thereafter attach to the surviving district and may be 584
enforced against it, and such other terms as are agreed upon, 585
provided two-thirds of the members of each of the boards consent 586
to such THE merger or combination. Such THE merger or 587
combination shall become legally effective unless, prior to the 589
ninetieth day following the later of the consents, qualified 590
electors residing in either district equal in number to a 591
majority of the qualified electors voting at the last general 592
election in such THE district file with the secretary of the 593
board of trustees of their regional water and sewer district a 594
petition of remonstrance against such THE merger or combination. 596
The secretary shall cause REQUEST the board of elections of the 598
proper county or counties to check the sufficiency of the
signatures on such THE petition. THE BOARD OF ELECTIONS, WITHIN 600
THIRTY DAYS AFTER RECEIVING THE PETITION FROM THE SECRETARY,
SHALL DO SO AND CERTIFY ITS FINDINGS TO THE SECRETARY. 601
(Y) Exercise the powers of the district without obtaining 603
the consent of any other political subdivision, provided that all 604
public or private property damaged or destroyed in carrying out 605
the powers of the district shall be restored or repaired and 606
placed in its original condition as nearly as practicable or 607
adequate compensation made therefor by the district; 608
(Z) Require the owner of any premises located within the 610
district to connect his THE OWNER'S premises to a water resource 611
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project determined to be accessible to such THE OWNER'S premises 613
and found to require such connection so as to prevent or abate 615
pollution or protect the health and property of persons in the 616
district. Such THE connection shall be made in accordance with 617
procedures established by the board of trustees of such THE 618
district and pursuant to such orders as the board may find 619
necessary to ensure and enforce compliance with such THOSE 620
procedures;. 621
(AA) Do all acts necessary or proper to carry out the 623
powers granted in Chapter 6119. of the Revised Code THIS CHAPTER. 625
Sec. 6119.061. (A) PRIOR TO PROCEEDING UNDER THIS CHAPTER 627
WITH ANY PROJECT OR IMPROVEMENT HAVING AN ESTIMATED COST OF MORE 628
THAN ONE HUNDRED THOUSAND DOLLARS, THE BOARD OF TRUSTEES OF A 629
REGIONAL WATER AND SEWER DISTRICT SHALL CONDUCT A FEASIBILITY 630
STUDY OF THAT PROJECT OR IMPROVEMENT, OR THE BOARD MAY ENTER INTO 631
A CONTRACT FOR SUCH A STUDY.
(B) THE BOARD SHALL NOT AWARD A CONTRACT FOR A PROJECT OR 633
IMPROVEMENT UNDERTAKEN PURSUANT TO THIS CHAPTER TO THE ENTITY 634
THAT CONDUCTS THE FEASIBILITY STUDY DESCRIBED IN DIVISION (A) OF 635
THIS SECTION FOR THAT SAME PROJECT OR IMPROVEMENT. 636
Sec. 6119.071. ANY MEMBER OF THE BOARD OF TRUSTEES OF A 638
REGIONAL WATER AND SEWER DISTRICT MAY BE REMOVED UNDER DIVISION 639
(A) OR (B) OF THIS SECTION. 640
(A) FOR THE REASONS AND IN THE MANNER SPECIFIED IN THE 642
PETITION FILED FOR THE ORGANIZATION OF THE DISTRICT, AS REQUIRED 643
BY DIVISION (F) OF SECTION 6119.02 OF THE REVISED CODE; 644
(B) WITHOUT CAUSE AT ANY TIME BY THE PARTICIPATING 646
POLITICAL SUBDIVISION THAT APPOINTED THAT MEMBER, OR IF THE 647
MEMBER IS JOINTLY APPOINTED, UPON THE WRITTEN DIRECTION OF EACH 648
OF THE PARTICIPATING POLITICAL SUBDIVISIONS THAT APPOINTED THAT 649
MEMBER.
Sec. 6119.10. The board of trustees of a regional water 658
and sewer district or any officer or employee designated by such 659
THE board may make any contract for the purchase of supplies or 660
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material or for labor for any work, under the supervision of the 661
board, the cost of which shall not exceed ten thousand dollars. 662
When an expenditure, other than for the acquisition of real 663
estate and interests in real estate, the discharge of 664
noncontractual claims, personal services, the joint use of 665
facilities or the exercise of powers with other political 666
subdivisions, or for the product or services of public utilities, 667
exceeds ten thousand dollars, such expenditures shall be made 668
only after a notice calling for bids has been published not less 669
than two consecutive weeks in at least one newspaper having a 670
general circulation within the district. If the bids are for a 671
contract for the construction, demolition, alteration, repair, or 672
reconstruction of an improvement, the board, SUBJECT TO DIVISION 673
(B) OF SECTION 6119.061 OF THE REVISED CODE, may let the contract 674
to the lowest and best bidder who meets the requirements of 675
section 153.54 of the Revised Code. If the bids are for a 676
contract for any other work relating to the improvements for 677
which a regional water and sewer district was established, the 678
board of trustees of the regional water and sewer district, 679
SUBJECT TO DIVISION (B) OF SECTION 6119.061 OF THE REVISED CODE, 680
may let the contract to the lowest or best bidder who gives a 681
good and approved bond with ample security conditioned on the 682
carrying out of the contract. Such THE contract shall be in 683
writing and shall be accompanied by or shall refer to plans and 684
specifications for the work to be done, approved by the board. 685
The plans and specifications shall at all times be made and 686
considered part of the contract. The contract shall be approved 687
by the board and signed by its president or other duly authorized 688
officer and by the contractor. In case of a real and present 689
emergency, the board of trustees of the district may, by 690
two-thirds vote of all members, authorize the president or other 691
duly authorized officer to enter into a contract for work to be 692
done or for the purchase of supplies or materials without formal 693
bidding or advertising. All contracts shall have attached the 694
17
certificate required by section 5705.41 of the Revised Code duly 695
executed by the secretary of the board of trustees of the 696
district. The district may make improvements by force account or 697
direct labor, provided, if the estimated cost of supplies or 698
material for any such improvement exceeds ten thousand dollars, 699
bids shall be received as provided in this section. For the 700
purposes of the competitive bidding requirements of this section, 701
the board shall not sever a contract for supplies or materials 702
and labor into separate contracts for labor, supplies, or 703
materials if such contracts are in fact a part of a single 704
contract required to be bid competitively under this section. 705
Sec. 6119.28. The SUBJECT TO DIVISION (B) OF SECTION 714
6119.061 OF THE REVISED CODE, THE construction contracts 715
authorized in Chapter 6119. of the Revised Code shall be awarded 717
to the lowest and best bidder in the manner provided in section 718
6119.10 of the Revised Code and shall be paid for in the same 719
manner as provided for payment of municipal contracts in Chapter
735. of the Revised Code. 720
Sec. 6119.41. The SUBJECT TO DIVISION (B) OF SECTION 729
6119.061 OF THE REVISED CODE, THE board of trustees of a regional 730
water and sewer district may enter into contracts or other 731
arrangements with the United States government or any department 732
thereof OF THE UNITED STATES GOVERNMENT, with persons, firms, or 733
corporations, with public corporations and the state government 734
of this state or other states, with drainage, conservation, 735
conservancy, sewer, park, or other improvement districts in this 736
or other states for co-operation COOPERATION or assistance in 737
planning, constructing, maintaining, using, and operating the 738
works of the district, or in minimizing or preventing damage to 739
its properties, works, and improvements, or for making surveys, 740
investigations, or reports thereon ON THE DISTRICT. 741
Section 2. That existing sections 6119.02, 6119.04, 743
6119.05, 6119.06, 6119.10, 6119.28, and 6119.41 of the Revised 744
Code are hereby repealed.
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Section 3. Section 6119.071 of the Revised Code as enacted 746
by this act does not apply to any member of the board of trustees 747
of a regional water and sewer district organized under Chapter 748
6119. of the Revised Code who was serving on the board 749
immediately prior to the effective date of this act. That
section does apply to any member who is appointed or elected to 750
the board on or after the effective date of this act. 751