As Reported by House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 201 5
1997-1998 6
SENATORS OELSLAGER-HOTTINGER- REPRESENTATIVES 9
CAREY-TERWILLEGER-EVANS-GARCIA- ROMAN-SCHULER-O'BRIEN-SALERNO 10
_________________________________________________________________ 11
A B I L L
To amend sections 309.09, 1901.31, 1905.05, 13
3709.085, 6119.02, and 6119.04 and to enact 14
section 6119.071 of the Revised Code to require 15
the political subdivision or subdivisions 16
proposing the establishment of a regional water 17
and sewer district to hold a public meeting 18
before filing the petition for the establishment,
to provide for the removal of appointed members 19
from the board of trustees of a district, to 20
require additional study prior to the 21
establishment of a district if the court in which 22
the petition is heard orders that study, to allow 23
a board of health to charge a fee for inspections 24
of all semipublic disposal systems conducted 25
under contract with the Environmental Protection
Agency, to require the county prosecuting 27
attorney to act as legal advisor to any township
board or commission, to allow the compensation of 29
a mayor's court magistrate to be fixed by
contract, to specify that the clerk of the Medina 30
Municipal Court shall be appointed by the judges 31
of that court irrespective of whether the 32
territorial population of that court is less 33
than, equals, or exceeds 100,000, and to declare
an emergency.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 309.09, 1901.31, 1905.05, 37
3709.085, 6119.02, and 6119.04 be amended and section 6119.071 of 39
the Revised Code be enacted to read as follows:
Sec. 309.09. (A) The prosecuting attorney shall be the 48
legal adviser of the board of county commissioners, board of 49
elections, and all other county officers and boards, including 50
all tax-supported public libraries, and any of them may require 51
written opinions or instructions from the prosecuting attorney in 52
matters connected with their official duties. The prosecuting 54
attorney shall prosecute and defend all suits and actions which 56
any such officer or board directs or to which it is a party, and 57
no county officer may employ any other counsel or attorney at the 58
expense of the county, except as provided in section 305.14 of 59
the Revised Code.
(B) Such THE prosecuting attorney shall be the legal 61
adviser for all township officers, BOARDS, AND COMMISSIONS, 62
unless the township has adopted the limited self-government form 65
of township government pursuant to Chapter 504. of the Revised 66
Code and has not entered into a contract to have the prosecuting 67
attorney serve as the township law director, in which case the 68
township law director, whether serving full-time or part-time, 69
shall be the legal adviser for all township officers, BOARDS, AND 70
COMMISSIONS. When the board of township trustees finds it 72
advisable or necessary to have additional legal counsel it may 73
employ an attorney other than the township law director or the 74
prosecuting attorney of the county, either for a particular 75
matter or on an annual basis, to represent the township and its 76
officers, BOARDS, AND COMMISSIONS in their official capacities 78
and to advise them on legal matters. No such counsel or attorney 79
may be employed, except on the order of the board of township 80
trustees, duly entered upon its journal, in which the
compensation to be paid for such legal services shall be fixed. 81
Such compensation shall be paid from the township fund. 82
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Nothing in this division confers any of the powers or 84
duties of a prosecuting attorney under section 309.08 of the 85
Revised Code upon a township law director. 86
(C) Whenever the board of county commissioners employs an 88
attorney other than the prosecuting attorney of the county, 89
without the authorization of the court of common pleas as 90
provided in section 305.14 of the Revised Code, either for a 91
particular matter or on an annual basis, to represent the board 92
of county commissioners in its official capacity and to advise it 93
on legal matters, the board of county commissioners shall enter 94
upon its journal an order of the board in which the compensation 95
to be paid for such legal services shall be fixed. The 96
compensation shall be paid from the county general fund. The 97
total compensation paid, in any year, by the board of county 98
commissioners for legal services under this division shall not 99
exceed the total annual compensation of the prosecuting attorney 100
for that county. 101
(D) The prosecuting attorney and the board of county 103
commissioners jointly may contract with a board of park 104
commissioners under section 1545.07 of the Revised Code for the 105
prosecuting attorney to provide legal services to the park 106
district the board of park commissioners operates. All moneys 107
received pursuant to such a contract shall be deposited into the 108
prosecuting attorney's legal services fund, which shall be 109
established in the county treasury of each county in which such a 110
contract exists. Moneys in that fund may be appropriated only to 111
the prosecuting attorney for the purpose of providing legal 112
services under a contract entered into under this division. 113
Sec. 1901.31. The clerk and deputy clerks of a municipal 122
court shall be selected, be compensated, give bond, and have 123
powers and duties as follows: 124
(A) There shall be a clerk of the court who is appointed 126
or elected as follows: 127
(1)(a) Except in the Akron, MEDINA, Clermont county, 129
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Hamilton county, Portage county, and Wayne county municipal 131
courts, if the population of the territory equals or exceeds one 132
hundred thousand at the regular municipal election immediately 133
preceding the expiration of the term of the present clerk, the 134
clerk shall be nominated and elected by the qualified electors of 135
the territory in the manner that is provided for the nomination 136
and election of judges in section 1901.07 of the Revised Code. 137
The clerk so elected shall hold office for a term of six 139
years, which term shall commence on the first day of January 140
following the clerk's election and continue until the clerk's 141
successor is elected and qualified. 142
(b) In the Hamilton county municipal court, the clerk of 144
courts of Hamilton county shall be the clerk of the municipal 145
court and may appoint an assistant clerk who shall receive the 146
compensation, payable out of the treasury of Hamilton county in 147
semimonthly installments, that the board of county commissioners 148
prescribes. The clerk of courts of Hamilton county, acting as 149
the clerk of the Hamilton county municipal court and assuming the 150
duties of that office, shall receive compensation at one-fourth 151
the rate that is prescribed for the clerks of courts of common 152
pleas as determined in accordance with the population of the 153
county and the rates set forth in sections 325.08 and 325.18 of 154
the Revised Code. This compensation shall be paid from the 155
county treasury in semimonthly installments and is in addition to 156
the annual compensation that is received for the performance of 157
the duties of the clerk of courts of Hamilton county, as provided 158
in sections 325.08 and 325.18 of the Revised Code. 159
(c) In the Portage county and Wayne county municipal 161
courts, the clerks of courts of Portage county and Wayne county 162
shall be the clerks, respectively, of the Portage county and 163
Wayne county municipal courts and may appoint a chief deputy 164
clerk for each branch that is established pursuant to section 165
1901.311 of the Revised Code, and assistant clerks as the judges 166
of the municipal court determine are necessary, all of whom shall 167
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receive the compensation that the legislative authority 168
prescribes. The clerks of courts of Portage county and Wayne 169
county, acting as the clerks of the Portage county and Wayne 170
county municipal courts and assuming the duties of these offices, 171
shall receive compensation payable from the county treasury in 172
semimonthly installments at one-fourth the rate that is 173
prescribed for the clerks of courts of common pleas as determined 174
in accordance with the population of the county and the rates set 175
forth in sections 325.08 and 325.18 of the Revised Code. 176
(d) Except as otherwise provided in division (A)(1)(d) of 178
this section, in the Akron municipal court, candidates for 179
election to the office of clerk of the court shall be nominated 180
by primary election. The primary election shall be held on the 181
day specified in the charter of the city of Akron for the 182
nomination of municipal officers. Notwithstanding section 183
3513.257 of the Revised Code, the nominating petitions of 184
independent candidates shall be signed by at least two hundred 185
fifty qualified electors of the territory of the court. 186
The candidates shall file a declaration of candidacy and 188
petition, or a nominating petition, whichever is applicable, not 189
later than four p.m. of the seventy-fifth day before the day of 190
the primary election, in the form prescribed by section 3513.07 191
or 3513.261 of the Revised Code. The declaration of candidacy 192
and petition, or the nominating petition, shall conform to the 193
applicable requirements of section 3513.05 or 3513.257 of the 194
Revised Code. 195
If no valid declaration of candidacy and petition is filed 197
by any person for nomination as a candidate of a particular 198
political party for election to the office of clerk of the Akron 199
municipal court, a primary election shall not be held for the 200
purpose of nominating a candidate of that party for election to 201
that office. If only one person files a valid declaration of 202
candidacy and petition for nomination as a candidate of a 203
particular political party for election to that office, a primary 204
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election shall not be held for the purpose of nominating a 205
candidate of that party for election to that office, and the 206
candidate shall be issued a certificate of nomination in the 207
manner set forth in section 3513.02 of the Revised Code. 208
Declarations of candidacy and petitions, nominating 210
petitions, and certificates of nomination for the office of clerk 211
of the Akron municipal court shall contain a designation of the 212
term for which the candidate seeks election. At the following 213
regular municipal election, all candidates for the office shall 214
be submitted to the qualified electors of the territory of the 215
court in the manner that is provided in section 1901.07 of the 216
Revised Code for the election of the judges of the court. The 217
clerk so elected shall hold office for a term of six years, which 218
term shall commence on the first day of January following the 219
clerk's election, and continue until the clerk's successor is 220
elected and qualified. 221
(e) In the Clermont county municipal court, the clerk of 223
courts of Clermont county shall be the clerk of the municipal 224
court. The clerk of courts of Clermont county, acting as the 225
clerk of the Clermont county municipal court and assuming the 226
duties of that office, shall receive compensation at one-fourth 227
the rate that is prescribed for the clerks of courts of common 228
pleas as determined in accordance with the population of the 229
county and the rates set forth in sections 325.08 and 325.18 of 230
the Revised Code. This compensation shall be paid from the 231
county treasury in semimonthly installments and is in addition to 232
the annual compensation that is received for the performance of 233
the duties of the clerk of courts of Clermont county, as provided 234
in sections 325.08 and 325.18 of the Revised Code. 235
(f) IRRESPECTIVE OF THE POPULATION OF THE TERRITORY OF THE 237
MEDINA MUNICIPAL COURT, THE CLERK OF THAT COURT SHALL BE 238
APPOINTED PURSUANT TO DIVISION (A)(2)(a) OF THIS SECTION BY THE 239
JUDGES OF THAT COURT, SHALL HOLD OFFICE UNTIL THE CLERK'S 240
SUCCESSOR IS SIMILARLY APPOINTED AND QUALIFIED, AND SHALL RECEIVE 241
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PURSUANT TO DIVISION (C) OF THIS SECTION THE ANNUAL COMPENSATION 242
THAT THE LEGISLATIVE AUTHORITY PRESCRIBES AND THAT IS PAYABLE IN 243
SEMIMONTHLY INSTALLMENTS FROM THE SAME SOURCES AND IN THE SAME 244
MANNER AS PROVIDED IN SECTION 1901.11 OF THE REVISED CODE.
(2)(a) Except in FOR the Alliance, Auglaize county, 246
Lorain, Massillon, and Youngstown municipal courts, if IN A 247
MUNICIPAL COURT FOR WHICH the population of the territory is less 249
than one hundred thousand AND IN THE MEDINA MUNICIPAL COURT, the 250
clerk shall be appointed by the court, and the clerk shall hold 251
office until the clerk's successor is appointed and qualified. 252
(b) In the Alliance, Lorain, Massillon, and Youngstown 254
municipal courts, the clerk shall be elected for a term of office 255
as described in division (A)(1)(a) of this section. 256
(c) In the Auglaize county municipal court, the clerk of 258
courts of Auglaize county shall be the clerk of the municipal 259
court and may appoint a chief deputy clerk for each branch that 260
is established pursuant to section 1901.311 of the Revised Code, 261
and assistant clerks as the judge of the court determines are 262
necessary, all of whom shall receive the compensation that the 263
legislative authority prescribes. The clerk of courts of 264
Auglaize county, acting as the clerk of the Auglaize county 265
municipal court and assuming the duties of that office, shall 266
receive compensation payable from the county treasury in 267
semimonthly installments at one-fourth the rate that is 268
prescribed for the clerks of courts of common pleas as determined 269
in accordance with the population of the county and the rates set 270
forth in sections 325.08 and 325.18 of the Revised Code. 271
(3) During the temporary absence of the clerk due to 273
illness, vacation, or other proper cause, the court may appoint a 274
temporary clerk, who shall be paid the same compensation and, 275
have the same authority, and perform the same duties, as the 277
clerk.
(B) Except in the Clermont county, Hamilton county, 280
MEDINA, Portage county, and Wayne county municipal courts, if a 281
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vacancy occurs in the office of the clerk of the Alliance, 282
Lorain, Massillon, or Youngstown municipal court or occurs in the 283
office of the clerk of a municipal court for which the population 284
of the territory equals or exceeds one hundred thousand because 285
the clerk ceases to hold the office before the end of the clerk's 286
term or because a clerk-elect fails to take office, the vacancy 287
shall be filled, until a successor is elected and qualified, by a 288
person chosen by the residents of the territory of the court who 289
are members of the county central committee of the political 290
party by which the last occupant of that office or the 291
clerk-elect was nominated. Not less than five nor more than 292
fifteen days after a vacancy occurs, those members of that county 293
central committee shall meet to make an appointment to fill the 294
vacancy. At least four days before the date of the meeting, the 295
chairperson or a secretary of the county central committee shall 296
notify each such member of that county central committee by first 297
class mail of the date, time, and place of the meeting and its 299
purpose. A majority of all such members of that county central 300
committee constitutes a quorum, and a majority of the quorum is 301
required to make the appointment. If the office so vacated was 302
occupied or was to be occupied by a person not nominated at a 303
primary election, or if the appointment was not made by the 304
committee members in accordance with this division, the court 305
shall make an appointment to fill the vacancy. A successor shall 306
be elected to fill the office for the unexpired term at the first 307
municipal election that is held more than one hundred twenty days 308
after the vacancy occurred. 309
(C) In a municipal court, other than the Auglaize county 311
municipal court, for which the population of the territory is 312
less than one hundred thousand AND IN THE MEDINA MUNICIPAL COURT, 314
the clerk of a municipal court shall receive the annual 315
compensation that the legislative authority prescribes. In a 316
municipal court, other than the Clermont county, Hamilton county, 317
MEDINA, Portage county, and Wayne county municipal courts, for 319
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which the population of the territory is one hundred thousand or 320
more, the clerk of a municipal court shall receive annual 321
compensation in a sum equal to eighty-five per cent of the salary 322
of a judge of the court. The compensation is payable in 323
semimonthly installments from the same sources and in the same 324
manner as provided in section 1901.11 of the Revised Code. 325
(D) Before entering upon the duties of the clerk's office, 327
the clerk of a municipal court shall give bond of not less than 328
six thousand dollars to be determined by the judges of the court, 329
conditioned upon the faithful performance of the clerk's duties 330
as clerk. 331
(E) The clerk of a municipal court may do all of the 333
following: administer oaths, take affidavits, and issue 334
executions upon any judgment rendered in the court, including a 335
judgment for unpaid costs; issue, sign, and attach the seal of 336
the court to all writs, process, subpoenas, and papers issuing 337
out of the court; and approve all bonds, sureties, recognizances, 338
and undertakings fixed by any judge of the court or by law. The 339
clerk may refuse to accept for filing any pleading or paper 340
submitted for filing by a person who has been found to be a 341
vexatious litigator under section 2323.52 of the Revised Code and 342
who has failed to obtain leave to proceed under that section. 343
The clerk shall do all of the following: file and safely keep 344
all journals, records, books, and papers belonging or 345
appertaining to the court; record the proceedings of the court; 346
perform all other duties that the judges of the court may 347
prescribe; and keep a book showing all receipts and 348
disbursements, which book shall be open for public inspection at 349
all times.
The clerk shall prepare and maintain a general index, a 351
docket, and other records that the court, by rule, requires, all 352
of which shall be the public records of the court. In the 353
docket, the clerk shall enter, at the time of the commencement of 354
an action, the names of the parties in full, the names of the 355
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counsel, and the nature of the proceedings. Under proper dates, 356
the clerk shall note the filing of the complaint, issuing of 357
summons or other process, returns, and any subsequent pleadings. 358
The clerk also shall enter all reports, verdicts, orders, 359
judgments, and proceedings of the court, clearly specifying the 360
relief granted or orders made in each action. The court may 361
order an extended record of any of the above to be made and 362
entered, under the proper action heading, upon the docket at the 363
request of any party to the case, the expense of which record may 364
be taxed as costs in the case or may be required to be prepaid by 365
the party demanding the record, upon order of the court. 366
(F) The clerk of a municipal court shall receive, collect, 368
and issue receipts for all costs, fees, fines, bail, and other 369
moneys payable to the office or to any officer of the court. The 370
clerk shall each month disburse to the proper persons or 371
officers, and take receipts for, all costs, fees, fines, bail, 372
and other moneys that the clerk collects. Subject to sections 373
3375.50 and 4511.193 of the Revised Code and to any other section 375
of the Revised Code that requires a specific manner of 376
disbursement of any moneys received by a municipal court and 377
except for the Hamilton county, Lawrence county, and Ottawa 378
county municipal courts, the clerk shall pay all fines received 379
for violation of municipal ordinances into the treasury of the 380
municipal corporation the ordinance of which was violated and 381
shall pay all fines received for violation of township 382
resolutions adopted pursuant to Chapter 504. of the Revised Code 383
into the treasury of the township the resolution of which was 384
violated. Subject to sections 1901.024 and 4511.193 of the 385
Revised Code, in the Hamilton county, Lawrence county, and Ottawa
county municipal courts, the clerk shall pay fifty per cent of 386
the fines received for violation of municipal ordinances and 387
fifty per cent of the fines received for violation of township 388
resolutions adopted pursuant to Chapter 504. of the Revised Code 389
into the treasury of the county. Subject to sections 3375.50, 390
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3375.53, 4511.99, and 5503.04 of the Revised Code and to any 391
other section of the Revised Code that requires a specific manner 392
of disbursement of any moneys received by a municipal court, the 393
clerk shall pay all fines collected for the violation of state 394
laws into the county treasury. Except in a county-operated 395
municipal court, the clerk shall pay all costs and fees the 396
disbursement of which is not otherwise provided for in the 397
Revised Code into the city treasury. The clerk of a 398
county-operated municipal court shall pay the costs and fees the 399
disbursement of which is not otherwise provided for in the 400
Revised Code into the county treasury. Moneys deposited as 401
security for costs shall be retained pending the litigation. The 402
clerk shall keep a separate account of all receipts and 403
disbursements in civil and criminal cases, which shall be a 404
permanent public record of the office. On the expiration of the 405
term of the clerk, the clerk shall deliver the records to the 406
clerk's successor. The clerk shall have other powers and duties 407
as are prescribed by rule or order of the court. 408
(G) All moneys paid into a municipal court shall be noted 410
on the record of the case in which they are paid and shall be 411
deposited in a state or national bank, or a domestic savings and 412
loan association, as defined in section 1151.01 of the Revised 413
Code, that is selected by the clerk. Any interest received upon 414
the deposits shall be paid into the city treasury, except that, 415
in a county-operated municipal court, the interest shall be paid 416
into the treasury of the county in which the court is located. 417
On the first Monday in January of each year, the clerk 419
shall make a list of the titles of all cases in the court that 420
were finally determined more than one year past in which there 421
remains unclaimed in the possession of the clerk any funds, or 422
any part of a deposit for security of costs not consumed by the 423
costs in the case. The clerk shall give notice of the moneys to 424
the parties who are entitled to the moneys or to their attorneys 425
of record. All the moneys remaining unclaimed on the first day 426
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of April of each year shall be paid by the clerk to the city 427
treasurer, except that, in a county-operated municipal court, the 428
moneys shall be paid to the treasurer of the county in which the 429
court is located. Any THE TREASURER SHALL PAY ANY part of the 430
moneys shall be paid by the treasurer at any time to the person 432
who has the right to the moneys, upon proper certification of the 433
clerk.
(H) Deputy clerks may be appointed by the clerk and shall 435
receive the compensation, payable in semimonthly installments out 436
of the city treasury, that the clerk may prescribe, except that 437
the compensation of any deputy clerk of a county-operated 438
municipal court shall be paid out of the treasury of the county 439
in which the court is located. Each deputy clerk shall take an 440
oath of office before entering upon the duties of the deputy 441
clerk's office and, when so qualified, may perform the duties 442
appertaining to the office of the clerk. The clerk may require 443
any of the deputy clerks to give bond of not less than three 444
thousand dollars, conditioned for the faithful performance of the 445
deputy clerk's duties.
(I) For the purposes of this section, whenever the 447
population of the territory of a municipal court falls below one 448
hundred thousand but not below ninety thousand, and the 449
population of the territory prior to the most recent regular 450
federal census exceeded one hundred thousand, the legislative 451
authority of the municipal corporation may declare, by 452
resolution, that the territory shall be considered to have a 453
population of at least one hundred thousand. 454
(J) The clerk or a deputy clerk shall be in attendance at 456
all sessions of the municipal court, although not necessarily in 457
the courtroom, and may administer oaths to witnesses and jurors 458
and receive verdicts. 459
Sec. 1905.05. (A) A mayor of a municipal corporation that 468
has a mayor's court may appoint a person as mayor's court 469
magistrate to hear and determine prosecutions and criminal causes 470
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in the mayor's court that are within the jurisdiction of the 471
mayor's court, as set forth in section 1905.01 of the Revised 472
Code. No person shall be appointed as a mayor's court magistrate 473
unless the person has been admitted to the practice of law in 474
this state and, for a total of at least three years preceding the 476
person's appointment or the commencement of the person's service 477
as magistrate, has been engaged in the practice of law in this 479
state or served as a judge of a court of record in any 480
jurisdiction in the United States, or both. 481
A person appointed as a mayor's court magistrate under this 483
division is entitled to hear and determine prosecutions and 484
criminal causes in the mayor's court that are within the 485
jurisdiction of the mayor's court, as set forth in section 486
1905.01 of the Revised Code. If a mayor is prohibited from 487
hearing or determining a prosecution or cause that charges a 488
person with a violation of section 4511.19 of the Revised Code or 489
with a violation of a municipal ordinance relating to operating a 490
vehicle while under the influence of alcohol, a drug of abuse, or 491
alcohol and a drug of abuse or relating to operating a vehicle 492
with a prohibited concentration of alcohol in the blood, breath, 493
or urine due to the operation of division (C) of section 1905.03 494
of the Revised Code, or is prohibited from hearing or determining 495
any other prosecution or cause due to the operation of division 496
(C) of section 1905.031 of the Revised Code, the prohibition 498
against the mayor hearing or determining the prosecution or cause 499
does not affect and shall not be construed as affecting the 500
jurisdiction or authority of a person appointed as a mayor's 501
court magistrate under this division to hear and determine the 502
prosecution or cause in accordance with this section. In hearing 503
and determining such prosecutions and causes, the magistrate has 504
the same powers, duties, and authority as does a mayor who 505
conducts a mayor's court to hear and determine prosecutions and 506
causes in general, including, but not limited to, the power and 507
authority to decide the prosecution or cause, enter judgment, and 508
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impose sentence; the powers, duties, and authority granted to 509
mayors of mayor's courts by this chapter, in relation to the 510
hearing and determination of prosecutions and causes in mayor's 511
courts; and the powers, duties, and authority granted to mayors 512
of mayor's courts by any other provision of the Revised Code, in 513
relation to the hearing and determination of prosecutions and 514
causes in mayor's courts. A judgment entered and a sentence 515
imposed by a mayor's court magistrate do not have to be reviewed 516
or approved by the mayor who appointed the magistrate, and have 518
the same force and effect as if they had been entered or imposed 519
by the mayor. 520
A person appointed as a mayor's court magistrate under this 522
division is not entitled to hear or determine any prosecution or 523
criminal cause other than prosecutions and causes that are within 524
the jurisdiction of the mayor's court, as set forth in section 525
1905.01 of the Revised Code. 526
The A MUNICIPAL CORPORATION THAT A MAYOR'S COURT MAGISTRATE 528
SERVES SHALL PAY THE compensation for the services of a mayor's 529
court THE magistrate, WHICH shall be EITHER a fixed annual salary 531
set by the legislative authority of the municipal corporation 533
that the magistrate serves and shall be paid by the municipal 535
corporation OR A FIXED ANNUAL AMOUNT OR FEES FOR SERVICES 536
RENDERED SET UNDER A CONTRACT THE MAGISTRATE AND THE MUNICIPAL
CORPORATION ENTER INTO. 537
(B) The appointment of a person as a mayor's court 539
magistrate under division (A) of this section does not preclude 540
the mayor that appointed the magistrate, subject to the 541
limitation contained in section 1905.03 and the limitation 543
contained in section 1905.031 of the Revised Code, from also 544
hearing and determining prosecutions and criminal causes in the 545
mayor's court that are within the jurisdiction of the mayor's 546
court, as set forth in section 1905.01 of the Revised Code. 547
Sec. 3709.085. (A) The board of health of a city or 556
general health district may enter into a contract with any 557
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political subdivision or other governmental agency to obtain or 558
provide all or part of any services, including, but not limited 559
to, enforcement services, for the purposes of Chapter 3704. of 560
the Revised Code, the rules adopted and orders made pursuant 561
thereto, or any other ordinances or rules for the prevention, 562
control, and abatement of air pollution. 563
(B)(1) As used in division (B)(2) of this section: 565
(a) "Semipublic disposal system" means a disposal system 567
which THAT treats the sanitary sewage discharged from publicly or 569
privately owned buildings or places of assemblage, entertainment, 570
recreation, education, correction, hospitalization, housing, or 571
employment, but does not include a disposal system which THAT 572
treats sewage in amounts of more than twenty-five thousand 573
gallons per day; a disposal system for the treatment of sewage 574
that is exempt from the requirements of section 6111.04 of the 575
Revised Code pursuant to division (F) of that section; or a 576
disposal system for the treatment of industrial waste. 577
(b) Terms defined in section 6111.01 of the Revised Code 579
have the same meaning MEANINGS as in that section. 580
(2) The board of health of a city or general health 582
district may enter into a contract with the environmental 583
protection agency to conduct on behalf of the agency inspection 584
or enforcement services, for the purposes of Chapter 6111. and 585
section 1541.21 of the Revised Code and rules adopted thereunder, 586
for the disposal or treatment of sewage from single-family, 587
two-family, or three-family dwellings located in special sanitary 588
districts designated by section 1541.21 of the Revised Code, for 589
the disposal or treatment of sewage from semipublic disposal 590
systems, or for both. The board of health of a city or general 591
health district may charge a fee established pursuant to section 592
3709.09 of the Revised Code to be paid by the holder OWNER OR 593
OPERATOR of a permit under Chapter 6111. of the Revised Code 594
SEMIPUBLIC DISPOSAL SYSTEM or the owner or resident of any such 596
dwelling located in a special sanitary district for inspections 597
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conducted by the board pursuant to a contract entered into under 598
this division (B)(2) OF THIS SECTION, except that the board shall 599
not charge a fee for those inspections conducted at any 600
manufactured home park, recreational vehicle park, recreation 601
camp, or combined park-camp that is licensed under section 602
3733.03 of the Revised Code. 603
Sec. 6119.02. (A) Proceedings for the organization of a 612
regional water and sewer district shall be initiated only by a 613
petition filed in the office of the clerk of the court of common 614
pleas of one of the counties all or part of which lies within the 615
proposed district. Such THE petition shall be signed by one or 616
more municipal corporations or, one or more counties, or by one 619
or more townships, or by any combination of them, after having 620
been authorized by the legislative authority of the POLITICAL 621
subdivision. The legislative authority of any municipal 623
corporation, the board of county commissioners of any county, and 624
the board of trustees of any township may act in behalf of any 625
part of their respective POLITICAL subdivisions. Such THE 627
petition shall state SPECIFY ALL OF THE FOLLOWING: 628
(A)(1) The proposed name of the district; 630
(B)(2) The place in which its principal office is to be 632
located; 633
(C)(3) The necessity for the proposed district and that it 635
will be conducive to the public health, safety, convenience, or 636
welfare; 637
(D)(4) A general description of the purpose of the 639
proposed district; 640
(E)(5) A general description of the territory to be 642
included in the district, which need not be given by metes and 643
bounds or by legal subdivisions, but it is sufficient if an 644
accurate description is given of the territory to be organized as 645
a district; such. THE territory need not be contiguous, provided 647
THAT it is so situated that the public health, safety, 648
convenience, or welfare will be promoted by the organization as a 649
17
single district of the territory described;. 650
(F)(6) The manner of selection, the number, the term, and 652
the compensation of the members of the governing body of the 653
district, which body shall be called a board of trustees. Such 654
THE petition may set forth procedures for subsequent changes in 655
the composition of and other provisions relating to such THE 656
board of trustees. 657
(G)(7) The plan for financing the cost of the operations 659
of the district until it is in receipt of revenue from its 660
operations or proceeds from the sale of bonds; 661
(H)(8) A prayer for the organization of the district by 663
the name proposed, either before or after a preliminary hearing 664
as provided in section 6119.04 of the Revised Code. 665
(B) PRIOR TO FILING A PETITION UNDER DIVISION (A) OF THIS 668
SECTION, A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP SHALL HOLD 669
A PUBLIC MEETING FOR THE PURPOSE OF RECEIVING COMMENTS ON THE 670
PROPOSED ESTABLISHMENT OF A REGIONAL WATER AND SEWER DISTRICT. 671
IF A COMBINATION OF MUNICIPAL CORPORATIONS, COUNTIES, OR 672
TOWNSHIPS SIGNED THE PETITION, THE SIGNERS JOINTLY SHALL HOLD THE 673
PUBLIC MEETING. AT THE MEETING, A REPRESENTATIVE OF THE SIGNER 674
OR SIGNERS OF THE PETITION SHALL PRESENT A PRELIMINARY STUDY OF 675
THE REASONS FOR THE PROPOSED ESTABLISHMENT OF THE DISTRICT. 676
THE SIGNER OR SIGNERS OF THE PETITION SHALL PROVIDE WRITTEN 679
NOTICE OF THE PUBLIC MEETING TO EACH ELECTOR RESIDING IN THE 680
TERRITORY OF THE PROPOSED DISTRICT. FAILURE TO NOTIFY AN ELECTOR 681
DOES NOT INVALIDATE ANY PROCEEDING BEFORE A COURT UNDER THIS 682
CHAPTER.
(C) Upon the filing of such THE petition, the judge of the 685
court of common pleas of the county wherein IN WHICH the petition 686
is filed or, in the case of a county having more than one such 687
judge, a judge of such THAT court assigned by its presiding judge 688
shall determine whether such IF THE petition complies with the 689
requirements of this section as to form and content. No petition 690
shall be declared void by the judge on account of alleged 691
18
defects, and the. THE court in subsequent proceedings may at any 692
time MAY permit the petition to be amended in form and substance 694
to conform to the facts by correcting any errors in the 695
description of the territory or in any other particular. 696
Sec. 6119.04. (A) The court of common pleas constituted 705
as provided in section 6119.03 of the Revised Code, at its first 706
meeting, shall fix the time and place of a hearing on the 707
petition for the establishment of the proposed regional water and 708
sewer district and such. THE hearing shall be either preliminary 710
or final as the petition may request. Such hearing AND shall be 711
held not later than sixty days thereafter, and the. THE clerk of 714
the court shall give notice thereof OF THE HEARING by publication 715
once each week for four consecutive weeks in a newspaper having a 716
general circulation in each of the counties, in whole or in part, 717
within the district. The clerk shall send A notice OF THE 718
HEARING by certified mail to the director of environmental 719
protection. Any
ANY person or any political subdivision residing or lying 722
within an area affected by the organization of the district, on 723
or before the date set for the cause to be heard, may file an 724
objection to the granting of the requests made in the prayer of 725
the petition.
(A)(B) Upon a preliminary hearing, if it appears that the 727
proposed district is probably IS necessary and that it will 729
probably WILL be conducive to the public health, safety, 730
convenience, or welfare, the court, after disposing of all 731
objections as justice and equity require shall AND by its 732
findings, entered of record, SHALL issue a preliminary order 733
declaring the district to be organized and an independent 734
political subdivision of the state with a corporate name 735
designated in the order for the purpose of ALL OF THE FOLLOWING: 736
(1) The election or appointment of the board of trustees 738
in the manner provided in the petition; 739
(2) The election, appointment, or employment of such 741
19
officers, employees, accounting experts, engineers, attorneys, 742
financial consultants, architects, other consultants, and 743
independent contractors or other persons as THAT may be necessary 745
to prepare a plan for the operation of the district; 746
(3) The collection of the funds in the manner provided in 748
the petition to be used and disbursed by the district; 749
(4) The preparation of a plan for the operation of the 751
district, and the. 752
THE district shall possess such powers as THAT may be 755
necessary to carry out said THOSE purposes. 756
The preliminary order shall direct the district to file a 758
plan for the operation of the district within six months from the 759
date of the preliminary order or within such THE further time or 760
times as THAT the court may from time to time MAY order. 762
Upon the filing by the district of a plan for the operation 764
of the district, the court shall fix the time and place for a 765
final hearing on the petition for the establishment of the 766
proposed district and the plan for the operation of the district 767
as filed in the proceeding. The hearing shall be held not later 768
than sixty days thereafter, and the clerk of the court of common 769
pleas shall again SHALL give notice thereof OF THE HEARING as 772
required in DIVISION (A) OF this section. Any 773
ANY person or any political subdivision residing or lying 777
within the area affected by the organization of the district or 778
by the plan for the operation of the district, on or before the 779
date set for the cause to be heard, may file any objections to 780
the final organization of the district or the plan for the 781
operation of the district.
(B) The (C) IF, PRIOR TO GRANTING A FINAL ORDER, THE 784
COURT DETERMINES THAT ADDITIONAL STUDY IS NEEDED OF THE
FEASIBILITY OF ESTABLISHING THE DISTRICT, THE COURT SHALL ORDER 785
THE SIGNERS OF THE PETITION TO CONDUCT AN ADDITIONAL FEASIBILITY 786
STUDY. IF THE COURT HAS ORDERED SUCH A STUDY, THE COURT SHALL 787
NOT GRANT A FINAL ORDER PRIOR TO RECEIVING THE RESULTS OF THE 788
20
STUDY. NOTHING IN DIVISION (C) OF THIS SECTION PRECLUDES THE 790
AWARDING OF A CONTRACT FOR A PROJECT OR IMPROVEMENT UNDERTAKEN 791
UNDER THIS CHAPTER TO AN ENTITY THAT CONDUCTS A FEASIBILITY STUDY 792
PURSUANT TO DIVISION (C) OF THIS SECTION. 793
THE court may, upon good cause shown at any time before the 797
granting of a final order, MAY DO ANY OR ALL OF THE FOLLOWING: 798
(1) Grant a right to any municipal corporation or county 800
acting in behalf of a sewer district within such THE county to 801
become a party to such THE proceeding if such THE intervening 803
party requests to have some part or all of its territory included 804
within the district; 805
(2) Grant in part or in toto an intervening petition of a 807
municipal corporation or a county acting in behalf of a sewer 808
district within such THE county, which is not wholly included 809
within territory described in the petition, to have some part or 811
all of its territory included within the district; 812
(3) Grant a request filed by any party to the petition or 814
intervening party to modify any request set forth in the 815
petition, including ANY OR ALL OF THE FOLLOWING: 816
(a) A reduction in the territory to be included within the 818
district; 819
(b) Addition to or deletion of a purpose or purposes of 821
the proposed district as set forth in the petition so long as the 822
purposes that remain are those included within section 6119.01 of 823
the Revised Code; 824
(c) The manner of selection, the number, the term, and the 826
compensation of the members of the board of trustees; provided 827
that after. 828
AFTER the filing of any intervening petition or request to 830
modify, the court has fixed SHALL FIX a time and place for a 831
hearing thereof, such hearing to WHICH SHALL be held not less 833
than sixty days after the filing thereof and the. THE clerk of 835
the court of common pleas has given SHALL GIVE notice OF THE 838
HEARING as required in DIVISION (A) OF this section. 839
21
(C)(D) Upon final hearing, whether or not a preliminary 841
hearing is requested in the petition, if it appears that the 842
proposed district is necessary, that it and the plan for the 843
operation of the district is ARE conducive to the public health, 844
safety, convenience, and welfare, and that the plan for the 845
operation of the district is economical, feasible, fair, and 846
reasonable, the court, after disposing of all objections as 847
justice and equity require, shall AND by its findings, entered of 849
record, SHALL declare the district finally and completely 850
organized and to be, or to be empowered to continue as, a 851
political subdivision. Thereupon the district shall have power 852
to sue and be sued; to incur debts, liabilities, and obligations; 853
to exercise the right of eminent domain and of taxation and 854
assessment as provided in Chapter 6119. of the Revised Code THIS 855
CHAPTER; to issue bonds; and to perform all acts authorized in 857
such sections THIS CHAPTER and to execute and carry out the plan 859
for the operation of the district and to amend, modify, change, 860
or alter the plan for its operation as the board of trustees may 861
from time to time MAY determine necessary. 862
(D)(E) If the court finds that the organization of the 864
district is not necessary or will not be conducive to the public 865
health, safety, convenience, or welfare, or that the plan for the 866
operation of the district is not economical, feasible, fair, or 867
reasonable, or if the district fails to file a plan for the 868
operation of the district within the time prescribed by the 869
court, it shall dismiss the proceedings and adjudge the costs 870
against the petitioners, and if. IF a preliminary order has been 872
made organizing the district, the court shall declare the 873
district dissolved and enter its order for the distribution of 874
any and all assets that may be owned by the district after the 875
payment of its liabilities. 876
(F) Any municipal corporation, board of county 878
commissioners, or board of township trustees may advance to the 879
district such sums of money as THAT the legislative authority of 880
22
the municipal corporation, the board of county commissioners, or 881
the board of township trustees determines will not be in excess 882
of the benefits that can be anticipated to be derived by such THE 883
municipal corporation, county, or township from the establishment 885
of the district at such times as THAT ARE requested by the 886
district and authorized by such THE legislative authority or such 888
board and pursuant to an agreement between the district and such 890
THE municipal corporation, county, or township setting forth 892
whether and when such THE sums shall be repaid. Such THE sums 893
when paid to the district at any time after the preliminary order 895
of the court shall be used by the district for its purposes in 896
the preparation of a plan for the operation of the district and 897
for other purposes of the district. The district shall keep 898
proper records showing the amount so advanced and disbursed. If 899
the court orders the district dissolved as permitted in this 900
section, the interest any municipal corporation, board of county 901
commissioners, or board of township trustees has in the assets of 902
the district shall be limited to those assets remaining after the 903
payment of all other liabilities of the district. 904
Sec. 6119.071. A MEMBER OF THE BOARD OF TRUSTEES OF A 906
REGIONAL WATER AND SEWER DISTRICT WHO HAS BEEN APPOINTED TO THE 907
BOARD MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR MISFEASANCE, 908
NONFEASANCE, OR MALFEASANCE IN OFFICE. PRIOR TO REMOVING A 909
MEMBER, THE APPOINTING AUTHORITY SHALL NOTIFY THE MEMBER OF THE 910
FACTS SUPPORTING THE PROPOSED REMOVAL AND SHALL PROVIDE THE 911
MEMBER AN OPPORTUNITY TO APPEAR BEFORE THE APPOINTING AUTHORITY 912
OR AT A PUBLIC HEARING HELD BY THE APPOINTING AUTHORITY AND SHOW 913
CAUSE WHY THE MEMBER SHOULD NOT BE REMOVED FROM OFFICE. 915
A MEMBER OF A BOARD OF TRUSTEES WHO HAS BEEN REMOVED 917
PURSUANT TO THIS SECTION MAY APPEAL THE REMOVAL NOT LATER THAN 918
THIRTY DAYS AFTER THE REMOVAL TO THE COURT OF COMMON PLEAS 919
CONSTITUTED AS PROVIDED IN SECTION 6119.03 OF THE REVISED CODE. 922
Section 2. That existing sections 309.09, 1901.31, 924
1905.05, 3709.085, 6119.02, and 6119.04 of the Revised Code are 925
23
hereby repealed.
Section 3. Section 6119.071 of the Revised Code as enacted 927
by this act does not apply to any member of the board of trustees 928
of a regional water and sewer district organized under Chapter 929
6119. of the Revised Code who was serving on the board 930
immediately prior to the effective date of this act. That
section does apply to any member who is appointed or reappointed 931
to the board on or after the effective date of this act. 932
Section 4. This act is hereby declared to be an emergency 934
measure necessary for the immediate preservation of the public 935
peace, health, and safety. The reason for such necessity is that 936
immediate action is required in order for certain township boards 937
and commissions to continue to receive legal representation from 938
the county prosecuting attorney without additional expense. 939
Therefore, this act shall go into immediate effect. 940