As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 549 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-CORBIN-ALLEN-TAYLOR- 8
NETZLEY-SCHURING-HOLLISTER-REDFERN 9
_________________________________________________________________ 10
A B I L L
To amend sections 133.15, 315.14, 5555.01, 5555.43, 12
5555.46, 5555.51, 6103.01, 6103.02, 6103.03, 13
6103.04, 6103.05, 6103.07, 6103.081, 6103.11,
6103.12, 6103.13, 6103.15, 6103.17, 6103.20, 14
6103.21, 6103.22, 6103.23, 6103.24, 6103.25, 15
6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 16
6117.04, 6117.05, 6117.06, 6117.08, 6117.23,
6117.251, 6117.28, 6117.29, 6117.30, 6117.32, 17
6117.34, 6117.38, 6117.39, 6117.41, 6117.42, 18
6117.43, 6117.44, 6117.45, and 6119.36, to enact
sections 1.62, 5555.022, and 6117.49, and to 19
repeal sections 6103.09 and 6117.26 of the 20
Revised Code to modify certain road improvement 21
and water supply, sanitary, and drainage 22
facilities laws to permit permanent improvements 23
to be made more efficiently and effectively by
simplifying, clarifying, and supplementing the 24
procedures for constructing and financing them. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 133.15, 315.14, 5555.01, 5555.43, 29
5555.46, 5555.51, 6103.01, 6103.02, 6103.03, 6103.04, 6103.05, 30
6103.07, 6103.081, 6103.11, 6103.12, 6103.13, 6103.15, 6103.17, 31
6103.20, 6103.21, 6103.22, 6103.23, 6103.24, 6103.25, 6103.29, 32
6103.31, 6117.01, 6117.011, 6117.02, 6117.04, 6117.05, 6117.06, 33
6117.08, 6117.23, 6117.251, 6117.28, 6117.29, 6117.30, 6117.32, 34
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6117.34, 6117.38, 6117.39, 6117.41, 6117.42, 6117.43, 6117.44, 35
6117.45, and 6119.36 be amended and sections 1.62, 5555.022, and 36
6117.49 of the Revised Code be enacted to read as follows: 37
Sec. 1.62. AS USED IN THE REVISED CODE, UNLESS THE CONTEXT 40
OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS EXPRESSLY
PROVIDED OTHERWISE IN A SECTION: 41
(A) REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS, 43
COMMISSIONS, AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT 44
HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO CONSTITUTION, THE 45
OFFICER, BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY 46
DESIGNATED BY OR PURSUANT TO THE CHARTER TO EXERCISE THE SAME 47
POWERS OR PERFORM THE SAME ACTS, DUTIES, OR FUNCTIONS THAT ARE TO 48
BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION OF THE 49
REVISED CODE BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF
COUNTIES THAT HAVE NOT ADOPTED A CHARTER. 50
(B) REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A 52
COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO 54
CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED BY OR
PURSUANT TO THE CHARTER. 55
Sec. 133.15. (A) The taxing authority of any subdivision 64
may issue securities of the subdivision for the purpose of paying 65
all or any portion of the costs of any permanent improvement that 66
the subdivision is authorized, alone or in cooperation with other 67
persons, to acquire, improve, or construct. 68
Securities may be issued prior to the completion of any 70
proceedings required to authorize the permanent improvement or 71
the expenditure of the proceeds of the securities. IN ADDITION, 72
PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT 73
IMPROVEMENT FOR WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED 74
AND COLLECTED MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE 75
OF THE PROCEEDS OF THE SECURITIES AND ANY OTHER FUNDS AVAILABLE 76
AND APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR OR 77
SUBSEQUENT NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER
PROCEEDINGS THAT OTHER PROVISIONS OF THE REVISED CODE THAT 78
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CONTEMPLATE THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED 79
FOR THAT TYPE OF IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN 80
AUTHORIZATION OF THAT TYPE.
(B) Costs of permanent improvements that may be financed 82
with, and paid from the proceeds of, securities include, without 83
limitation as to other costs properly allocable to the permanent 84
improvement, the costs of: acquiring, constructing, 85
reconstructing, rehabilitating, installing, remodeling, 86
renovating, enlarging, equipping, furnishing, or otherwise 87
improving permanent improvements; site clearance, improvement, 88
and preparation; acquisition of real or personal property; 89
indemnity and surety bonds and premiums on insurance; all related 90
direct administrative expenses and allocable portions of direct 91
costs of the subdivision; engineering, architectural, legal, and 92
other consulting and professional services; designs, plans, 93
specifications, feasibility or rate studies, appraisals, surveys, 94
and estimates of cost; interest or interest equivalent on the 95
securities, whether capitalized or not; financing costs; title 96
work and title commitment, insurance, and guaranties; amounts 97
necessary to establish any debt service reserve or other reserves 98
as required by the proceedings for the securities; audits; the 99
reimbursement of moneys advanced or applied by or borrowed from 100
any person, whether to or by the subdivision or others, from 101
whatever source provided, for the payment of any item or items of 102
cost of the permanent improvements; and all other expenses 103
necessary or incidental to planning or determining feasibility or 104
practicability with respect to permanent improvements or 105
necessary or incidental to the acquisition, construction, 106
reconstruction, rehabilitation, installation, remodeling, 107
renovating, enlargement, equipping, furnishing, or other 108
improvement of the permanent improvements, the financing of the 109
permanent improvements, and the placing of the permanent 110
improvements in condition for use and operation, and all like or 111
related costs, including any one, part, or combination of, or the 112
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subdivision's share of, those costs and expenses. 113
Sec. 315.14. The county engineer shall be responsible for 122
the inspection of all public improvements made under authority of 123
the board of county commissioners. He THE ENGINEER shall keep in 125
suitable books a complete record of all estimates and summaries 126
of bids received and contracts for the various improvements, 127
together with the record of all estimates made for payments on 128
such THAT work. He THE ENGINEER shall make all surveys required 130
by law and, SHALL perform all necessary services to be performed 133
by a registered surveyor or registered professional engineer in 134
connection with the construction, repair, or opening of all 135
county roads or ditches constructed under the authority of the 136
board, and shall perform such other duties as the board requires, 137
provided that the duties described in Chapters 343., 6103., and 138
6117. of the Revised Code shall be performed only pursuant to an 139
agreement between the county engineer and the board; AN AGREEMENT 140
OF THAT TYPE MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF 141
DUTIES DESCRIBED IN ONE OR MORE OF THOSE CHAPTERS, AND MAY 142
PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL DUTIES 143
IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS 6103. AND 144
6117. OF THE REVISED CODE OR ONLY THE DUTIES IMPOSED UPON A 145
COUNTY SANITARY ENGINEER UNDER CHAPTER 6117. OF THE REVISED CODE 146
IN RELATION TO DRAINAGE. The board shall determine the 147
compensation for performance of the RELEVANT duties described in 148
Chapters 343., 6103., and 6117. of the Revised Code and shall pay 150
the county engineer from funds available under such THE 151
APPLICABLE CHAPTER OR chapters or from the general fund of the 153
county. The performance of the RELEVANT duties described in 154
Chapters 343., 6103., and 6117. of the Revised Code shall not 155
constitute engaging in the private practice of engineering or 156
surveying.
Sec. 5555.01. As used in sections 5555.01 to 5555.72, 165
inclusive, of the Revised Code THIS CHAPTER: 166
(A) "COST" OR "COSTS" INCLUDES COMPENSATION, DAMAGES, AND 168
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EXPENSES THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS 169
CHAPTER AND ALL ITEMS OF COST DESCRIBED IN DIVISION (B) OF 170
SECTION 133.15 OF THE REVISED CODE THAT ARE INCIDENT TO AN 171
IMPROVEMENT COVERED BY THIS CHAPTER. 172
(B) "PUBLIC OBLIGATIONS" HAS THE SAME MEANING AS IN 174
SECTION 133.01 OF THE REVISED CODE. 175
(C) "road ROAD" includes any state or county road, or part 178
thereof OF ANY STATE OR COUNTY ROAD, or any state or county road 179
and any municipal corporation street, or part thereof OF A ROAD 180
OR STREET OF THOSE TYPES, which form a continuous road 181
improvement.
Sec. 5555.022. (A) A BOARD OF COUNTY COMMISSIONERS, BY 183
RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD 184
TO OR THE NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC 185
CONVENIENCE AND WELFARE REQUIRE THE IMPROVEMENT OF ANY PUBLIC 186
ROAD OR ROADS, OR PARTS OF ANY PUBLIC ROAD OR ROADS, IDENTIFIED 187
IN THAT RESOLUTION IN A MANNER PROVIDED IN SECTION 5555.06 OF THE 188
REVISED CODE AND MAY FIX THE ROUTE AND TERMINI OF THE 189
IMPROVEMENT. IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN A 190
SUBSEQUENT RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE
LEVIED AND COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE 191
IMPROVEMENT, THE BOARD, IN THAT RESOLUTION OR IN A SUBSEQUENT 192
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR 193
INCURRENCE OF PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY 194
AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS REQUIRED 195
BY THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE
IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY 196
SECTIONS 5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND 197
5555.81 TO 5555.83 OF THE REVISED CODE EXCEPT AS OTHERWISE 198
PROVIDED IN THIS SECTION.
(B) THIS SECTION APPLIES TO AND AUTHORIZES AN IMPROVEMENT 200
LOCATED WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT LOCATED IN 201
A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE, AN 202
IMPROVEMENT ALONG THE COUNTY LINE BETWEEN A COUNTY AND ONE OR 203
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MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT EXTENDING FROM 204
A COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS
STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE 205
AND AN ADJOINING STATE. IF AN IMPROVEMENT INVOLVES MORE THAN ONE 206
COUNTY IN THIS STATE, THE PORTION OF THE COST OF THE IMPROVEMENT 207
TO BE BORNE BY EACH COUNTY, AFTER DEDUCTING ANY AMOUNT AGREED TO 208
BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN WHICH THE IMPROVEMENT 209
IS LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED, WITHOUT 210
REGARD TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS,
IN AN AGREEMENT AMONG THE COUNTIES. THOSE COUNTIES MAY PROCEED 211
IN ACCORDANCE WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO 212
BE LEVIED AND COLLECTED, OR MAY PROCEED IN ACCORDANCE WITH THE 213
PROVISIONS OF THIS CHAPTER APPLICABLE TO A SINGLE COUNTY 214
IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND
COLLECTED. IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN 215
THIS STATE AND AN ADJOINING STATE, THE PORTION OF ITS COST TO BE 216
BORNE BY A COUNTY IN THIS STATE SHALL BE DETERMINED IN AN 217
AGREEMENT BETWEEN THE COUNTY AND THE PROPER AUTHORITIES OF THE 218
ADJOINING STATE OR ITS PARTICIPATING OR COOPERATING SUBDIVISION 219
OR AGENCY.
(C) THE FOLLOWING PROVISIONS ALSO APPLY TO AN IMPROVEMENT 221
UNDERTAKEN PURSUANT TO THIS SECTION: 222
(1) THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS 224
CONSTRUCTION AND FINANCING, INCLUDING A CONTRACT FOR THE 225
CONSTRUCTION, MAY INCLUDE, CONSISTENT WITH THE OTHER PROVISIONS 226
OF THIS SECTION AND NOTWITHSTANDING ANY PROVISIONS OF THIS 227
CHAPTER TO THE CONTRARY, ANY ROAD OR ROADS OR PARTS OF ANY ROAD
OR ROADS, AND THE PROVISIONS OF SECTIONS 5555.61 TO 5555.69 OF 228
THE REVISED CODE RELATING TO CONTRACTS FOR THE CONSTRUCTION OF AN 230
IMPROVEMENT SHALL BE CONSTRUED ACCORDINGLY AND SHALL BE
CONTROLLING TO THE EXTENT APPLICABLE. 231
(2) ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS, 233
ESTIMATES OF COST, AND SPECIFICATIONS THAT MAY BE REQUIRED: 234
(a) IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE 236
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PREPARED BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF 237
COUNTY COMMISSIONERS AND SHALL REQUIRE THE BOARD'S APPROVAL; 238
(b) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN COOPERATIVELY 240
BY TWO OR MORE COUNTIES IN THIS STATE, SHALL BE PREPARED BY A 241
COUNTY ENGINEER OF ONE OF THE COUNTIES AS AGREED TO BY THE 242
RELEVANT BOARDS OF COUNTY COMMISSIONERS OR, IF THE BOARDS ARE 243
UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE DIRECTOR 244
OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE COUNTIES
DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS, PROFILES, 245
CROSS SECTIONS, ESTIMATES OF COST, AND SPECIFICATIONS SO PREPARED 246
SHALL REQUIRE THE APPROVAL OF EACH OF THE BOARDS; 247
(c) IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE 249
BETWEEN THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY 250
THE COUNTY ENGINEER OF THE COUNTY IN THIS STATE AND SHALL REQUIRE 251
THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND THE PROPER 252
AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR 253
COOPERATING SUBDIVISION OR AGENCY.
(D) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO 255
THIS SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN 256
ADJOINING STATE, A BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN 257
ITS CONSTRUCTION WITH THE DEPARTMENT OF TRANSPORTATION AND THE 258
EQUIVALENT DEPARTMENT OF THE OTHER STATE AS IF THE IMPROVEMENT 259
WERE WHOLLY WITHIN THIS STATE.
(E) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 261
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, THE 262
BOARDS OF COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES ARE 263
UNABLE TO AGREE UPON THE PORTION OF THE COSTS OF THE IMPROVEMENT 264
TO BE BORNE BY EACH COUNTY AND CERTIFY THAT FACT JOINTLY TO THE 265
DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE THE 266
APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.
(F) A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE 268
COUNTY'S COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS 269
SECTION BE PAID FROM TAX LEVIES OR A ROAD IMPROVEMENT FUND 270
REFERRED TO IN SECTION 5555.43 OF THE REVISED CODE. A COUNTY MAY 271
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ENTER INTO AN AGREEMENT WITH ANY TOWNSHIP IN WHICH THE 272
IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE ALLOCATION OF 273
THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.
(G) PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY OR 275
INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN IMPROVEMENT 276
UNDERTAKEN PURSUANT TO THIS SECTION SHALL TAKE PLACE IN 277
ACCORDANCE WITH SECTIONS 163.01 TO 163.22 OF THE REVISED CODE. 279
(H) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 281
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, 282
PUBLIC OBLIGATIONS ARE ISSUED OR INCURRED TO PAY THE COSTS OF THE 283
IMPROVEMENT, THE OBLIGATIONS SHALL BE ISSUED SEPARATELY BY EACH 285
COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE BOARDS OF COUNTY 286
COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION OF 287
THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT
AUTHORIZED FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION 288
5555.32 OF THE REVISED CODE. 289
(I) ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A BOARD 291
OF COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE TAKEN, 292
CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, BY A 293
MAJORITY VOTE OF THE MEMBERS OF THE BOARD. 294
Sec. 5555.43. The board of county commissioners, UNLESS 303
ACTING PURSUANT TO SECTION 5555.022 OF THE REVISED CODE, or THE 305
joint board of county commissioners, upon a unanimous vote, may 306
ORDER, without a petition therefor, order that all the 308
compensation, damages, and expenses of A COUNTY'S COSTS FOR 309
constructing any improvement be paid out of the proceeds of any 310
tax levies for road purposes on the grand duplicate of the 311
county, or out of any road improvement fund available therefor; 312
FOR THE PAYMENT OF THOSE COSTS, or the board of county 313
commissioners or joint board thereof may enter, BY A SIMILAR VOTE 316
AND WITHOUT A PETITION, into an agreement with the boards of 317
township trustees of the townships in which said THE improvement 318
is situated in whole or in part, whereby THE ENTIRE COST OF THE 320
IMPROVEMENT IS PAID BY the county and townships, or one or more 321
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of them, may pay such IN THE AGREED UPON proportion or amount of 323
the damages and expenses as is agreed upon between them COST. 325
Sec. 5555.46. All assessments, with interest accrued 334
thereon ON THE ASSESSMENTS, made under sections 5555.01 to 335
5555.72, inclusive, of the Revised Code, shall be placed by the 337
county auditor upon a special duplicate to be collected as other 338
taxes, and the principal OF THE ASSESSMENTS shall be payable in 339
not more than twenty FORTY semiannual installments extending over 341
a period of not more than ten TWENTY years, as determined by the 343
board of county commissioners. If any assessment is twenty-five 344
dollars or less, or if the unpaid balance of any such assessment 345
is twenty-five dollars or less, it shall be paid in full, and not 346
in installments, at the time the first or next installment would 347
otherwise become due and payable. In the event that bonds IF 348
PUBLIC OBLIGATIONS are issued OR INCURRED to pay the 349
compensation, damages, and expenses incident to COSTS OF the 350
improvement, the principal sum of such THE assessments shall be 352
payable in such A number of equal semiannual installments as will 355
provide a fund for the redemption of the bonds PUBLIC OBLIGATIONS 356
so issued OR INCURRED. Such THE assessments shall bear interest 357
from the date of and at the same rate OR RATES as the bonds 358
PUBLIC OBLIGATIONS, and the interest shall be collected in like 360
manner as the principal of such THE assessments. 361
Sec. 5555.51. The board of county commissioners, in 370
anticipation of the collection of taxes, OR TAXES and 371
assessments, for a road improvement, or any part thereof, OF A 373
ROAD IMPROVEMENT may issue and sell bonds, OR INCUR, PUBLIC 374
OBLIGATIONS of the county under Chapter 133. of the Revised Code 376
in any amount not greater than the aggregate sum necessary to pay 377
the estimated compensation, damages, and expenses of such COSTS 378
OF THE improvement. The making of the ANY special assessments 380
referred to in sections 5555.41 to 5555.50 of the Revised Code 383
shall not be a condition precedent to the issuance OR INCURRENCE 384
of bonds PUBLIC OBLIGATIONS under this section, and such THE 385
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special assessments may be made either before or after the 387
issuance OR INCURRENCE of such bonds THE PUBLIC OBLIGATIONS. 388
Sec. 6103.01. As used in sections 6103.02 to 6103.30, 397
inclusive, of the Revised Code, "public THIS CHAPTER: 398
(A) "PUBLIC water supply FACILITIES," "WATER SUPPLY 401
FACILITIES," "WATER SUPPLY IMPROVEMENT," OR "IMPROVEMENT" means, 402
WITHOUT LIMITING THE GENERALITY OF THOSE TERMS, WATER wells AND 403
WELL FIELDS, springs, LAKES, RIVERS, streams, or other sources of 405
water supply, INTAKES, pumping STATIONS AND equipment, treatment, 406
FILTRATION, or purification plants, distributing FORCE AND 407
DISTRIBUTION LINES OR mains, cisterns, reservoirs, STORAGE 408
FACILITIES, necessary equipment for fire protection, other 409
RELATED STRUCTURES, equipment, AND FURNISHINGS, and lands, rights 410
of way, and easements REAL ESTATE AND INTERESTS IN REAL ESTATE, 411
necessary for OR USEFUL IN the proper development OF A WATER 413
SUPPLY FOR DOMESTIC OR OTHER PURPOSES and ITS PROPER distribution 414
of the supply. 415
(B) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 417
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 418
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 419
(C) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 421
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 422
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF WATER SUPPLY 423
FACILITIES BUT DOES NOT INCLUDE REPAIRS, REPLACEMENTS, OR SIMILAR 424
ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY AS PERMANENT 425
IMPROVEMENTS.
(D) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 427
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 428
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 429
TO RESTORE WATER SUPPLY FACILITIES TO, OR TO CONTINUE WATER 430
SUPPLY FACILITIES IN, GOOD ORDER AND WORKING CONDITION BUT DOES 431
NOT INCLUDE CONSTRUCTION OF PERMANENT IMPROVEMENTS.
(E) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 433
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 434
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CORPORATION, OR OTHER SUBDIVISION.
(F) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 436
FOLLOWING:
(1) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 439
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS AS PROVIDED IN 440
SECTION 6117.01 OF THE REVISED CODE;
(2) THE COUNTY ENGINEER, IF AND FOR AS LONG AS THE COUNTY 442
ENGINEER, BY AGREEMENT ENTERED INTO UNDER SECTION 315.14 OF THE 443
REVISED CODE, IS RETAINED TO DISCHARGE THE DUTIES OF A COUNTY 444
SANITARY ENGINEER UNDER THIS CHAPTER. 445
Sec. 6103.02. (A) For the purpose of preserving and 454
promoting the public health and welfare, and providing fire 455
protection, any A board of county commissioners may by resolution 457
acquire, construct, maintain, and operate any public water supply 458
or water-works system FACILITIES within its county for any ONE OR 460
MORE sewer district, DISTRICTS and may provide for the THEIR 461
protection thereof and prevent the THEIR pollution and 463
unnecessary waste thereof. THE BOARD MAY NEGOTIATE AND ENTER 464
INTO A CONTRACT WITH ANY PUBLIC AGENCY OR ANY PERSON FOR THE 465
MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR OF THE FACILITIES
ON BEHALF OF THE COUNTY, UPON THE TERMS AND CONDITIONS AS MAY BE 466
AGREED UPON WITH THE AGENCY OR PERSON AND AS MAY BE DETERMINED BY 467
THE BOARD TO BE IN THE INTERESTS OF THE COUNTY. By contract with 468
any municipal corporation, PUBLIC AGENCY or any person, firm, or 469
private corporation furnishing a OPERATING public water supply 471
FACILITIES within or without its county, the board ALSO may 473
provide such A supply of water to such A SEWER district from the 475
waterworks FACILITIES of such municipal corporation, THE PUBLIC 476
AGENCY OR person, firm, or private corporation. The 477
(B) THE COUNTY sanitary engineer, or sanitary engineering 480
department, of such county, in addition to other ASSIGNED duties 481
assigned to such sanitary engineer or department, shall assist 483
the board in the performance of its duties under sections 6103.02 484
to 6103.30 of the Revised Code, THIS CHAPTER and shall be charged 486
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with such other duties and services in relation thereto TO THE 487
BOARD'S DUTIES as the board prescribes. The 488
(C) THE board may adopt, publish, administer, and enforce 491
rules for the construction, maintenance, protection, and use of 492
COUNTY-OWNED OR COUNTY-OPERATED public water supplies in the 493
county SUPPLY FACILITIES outside of municipal corporations, and 494
of public water supplies SUPPLY FACILITIES within municipal 496
corporations in its county wherever such water supplies THAT are 497
constructed OWNED or operated by such board THE COUNTY or THAT 498
are supplied with water from water supplies constructed SUPPLY 499
FACILITIES OWNED or operated by such board THE COUNTY, including, 501
BUT NOT LIMITED TO, RULES FOR the establishment AND USE of ANY 502
connections, THE TERMINATION IN ACCORDANCE WITH REASONABLE 503
PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES 504
AND CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS 505
TO THE EXTENT CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF 506
COUNTY WATER RATES AND CHARGES. Such THE rules shall not be 508
inconsistent with the laws of the state or the ANY APPLICABLE 509
rules of the DIRECTOR OF environmental protection agency. No 511
(D) NO public water supplies or water pipes or mains 514
SUPPLY FACILITIES shall be constructed in any county outside of 516
municipal corporations by any person, firm, or corporation, 517
except for the purpose of supplying water to such THOSE municipal 519
corporations, until the plans and specifications for the same 520
FACILITIES have been approved by the board. Any such 521
construction CONSTRUCTION shall be done under the supervision of 523
the COUNTY sanitary engineer. Any person, firm, or corporation 524
proposing or constructing such improvements PUBLIC WATER SUPPLY 525
FACILITIES shall pay to the county all expense EXPENSES incurred 527
by the board in connection therewith WITH THE CONSTRUCTION. The 528
(E) THE COUNTY sanitary engineer OR THE COUNTY SANITARY 530
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 531
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 532
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR MAILED AT 533
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LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 534
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 536
private property for the purpose of making, AND MAY MAKE, surveys 538
and examinations OR INSPECTIONS necessary for the design or 539
examination EVALUATION of COUNTY public water supplies, and may 540
make such surveys and examinations SUPPLY FACILITIES. THIS ENTRY 541
IS NOT A TRESPASS AND IS NOT TO BE CONSIDERED AN ENTRY IN 542
CONNECTION WITH ANY APPROPRIATION OF PROPERTY PROCEEDINGS UNDER 543
SECTIONS 163.01 TO 163.22 OF THE REVISED CODE THAT MAY BE 544
PENDING. No person, firm, or corporation PUBLIC AGENCY shall 545
forbid or interfere with the COUNTY sanitary engineer or his THE 546
COUNTY SANITARY ENGINEER'S authorized assistants entering OR 549
AGENTS TO ENTER, OR INTERFERE WITH THEIR ENTRY, upon such THE 550
property for such THE purpose, or OF making such THE surveys or 552
examinations INSPECTIONS. If actual damage is done to property 553
by the making of such THE surveys and examinations OR 555
INSPECTIONS, the board shall pay the reasonable value of such THE 557
damage to the PROPERTY owner of the property damaged, and such 559
THE cost shall be included in the assessment upon the property 561
benefited by the improvement for which such surveys and 562
examinations are made THE COST OF THE FACILITIES AND MAY BE
INCLUDED IN ANY SPECIAL ASSESSMENTS LEVIED AND COLLECTED TO PAY 563
THAT COST.
(F) The board shall fix reasonable rates to be charged, 566
INCLUDING PENALTIES FOR LATE PAYMENTS, for water supplied TO 567
PUBLIC AGENCIES AND PERSONS when the source of supply or 568
distributing pipes THE FACILITIES FOR ITS DISTRIBUTION are owned 569
or operated by the county, which rates shall be at least 570
sufficient to pay for all of the cost of operation and
maintenance of improvements for which the resolution declaring 571
the necessity thereof shall be passed after July 1, 1958 AND MAY 572
CHANGE THE RATES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. 573
When the source of THE WATER supply TO BE USED BY THE COUNTY is 574
owned by a municipal corporation ANOTHER PUBLIC AGENCY or any 575
14
person, firm, or private corporation, the schedule of rates to be 576
charged by such municipal corporation, THE PUBLIC AGENCY OR 577
person, firm, or private corporation shall be ratified APPROVED 579
by the board at the time any IT ENTERS INTO A contract is entered 581
into for the use of water from such municipal corporation, THE 582
PUBLIC AGENCY OR person, firm, or private corporation. When the 583
distributing pipes DISTRIBUTION FACILITIES are owned by the 584
county, the board shall ALSO MAY fix a reasonable tap-in charge 586
and no CHARGES TO BE COLLECTED FOR THE PRIVILEGE OF CONNECTING TO 587
THE DISTRIBUTION FACILITIES AND MAY REQUIRE THAT, PRIOR TO THE 588
CONNECTION, THE CHARGES BE PAID IN FULL OR, IF DETERMINED BY THE 589
BOARD TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF
THE CHARGES, MAY REQUIRE THEIR PAYMENT IN INSTALLMENTS, AS 590
CONSIDERED ADEQUATE BY THE BOARD, AT THE TIMES, IN THE AMOUNTS, 591
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 592
DETERMINED BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND 593
APPROPRIATE. NO PUBLIC AGENCY OR person shall be permitted to 594
tap into such distributing pipes CONNECT TO THOSE FACILITIES 595
until such charge has THE CHARGES HAVE been paid in full OR 598
PROVISION FOR THEIR PAYMENT IN INSTALLMENTS HAS BEEN MADE. When 599
IF THE CONNECTION CHARGES ARE TO BE PAID IN INSTALLMENTS, THE
BOARD SHALL CERTIFY, TO THE COUNTY AUDITOR, INFORMATION 600
SUFFICIENT TO IDENTIFY EACH PARCEL OF PROPERTY SERVED BY A 601
CONNECTION AND, WITH RESPECT TO EACH PARCEL, THE TOTAL OF THE 602
CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF EACH 603
INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID.
THE COUNTY AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO 604
SUPPLIED IN THE WATER-WORKS RECORD PROVIDED FOR IN SECTION 605
6103.16 OF THE REVISED CODE UNTIL THE CONNECTION CHARGES ARE PAID 606
IN FULL. THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO 607
CONNECTION CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF 608
RATES AND OTHER CHARGES FOR WATER SUPPLIED.
(G) WHEN any rents RATES or charges are not paid when due, 611
the board may do either ANY or both ALL of the following: 612
15
(1) Certify them THE UNPAID RATES OR CHARGES, together 614
with any penalties, to the county auditor. The county auditor 616
shall place the certified amount upon the real property tax list 617
and duplicate against the property served by the connection if he 618
also receives from the board additional certification that the 620
unpaid rents or charges have arisen pursuant to a service 621
contract made directly with an owner who occupies the property 622
served. THE CERTIFIED
The amount placed on the tax list and duplicate shall be a 624
lien on the property from the date placed on the REAL PROPERTY 625
TAX list and duplicate and shall be collected in the same manner 627
as other taxes, except that, notwithstanding section 323.15 of 628
the Revised Code, a county treasurer shall accept a payment in 629
such THAT amount when separately tendered as payment for the full 631
amount of such THE unpaid water rents RATES or charges and 633
associated penalties. The lien shall be released immediately 635
upon payment in full of the certified amount. All money 636
collected as rents or tap-in charges or for water-works purposes 637
in any district shall be paid to the county treasurer and kept in 638
a separate and distinct fund to the credit of such district. 639
(2) Collect them THE UNPAID RATES OR CHARGES, TOGETHER 641
WITH ANY PENALTIES, by actions at law in the name of the county 643
from an owner, tenant, or other person who OR PUBLIC AGENCY THAT 644
is liable to pay FOR the rents PAYMENT OF THE RATES or charges; 646
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 648
WATER SERVICE TO THE PARTICULAR PROPERTY UNLESS AND UNTIL THE 649
UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN 650
FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 652
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF THE 653
UNPAID RATES AND CHARGES, TOGETHER WITH ANY PENALTIES, FOR WATER 654
SERVICE TO THE PARTICULAR PROPERTY. 655
ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED 657
OR ESTABLISHED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION 658
16
FOR WATER SUPPLY PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE 659
PAID TO THE COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT 660
WATER FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE 661
DISTRICT.
Each board that assesses FIXES water rents RATES or charges 664
MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT AT LEAST 665
QUARTERLY IT shall determine the actual amount of rents due based 667
upon SCHEDULE an actual reading of each customer's meter at least 669
once in each three-month period, and at least quarterly the board 670
shall SO AS TO render a bill for the actual amount shown by the 672
meter reading to be due, WITH CREDIT FOR PRIOR PAYMENTS OF ANY 673
ESTIMATED BILLS SUBMITTED FOR ANY PART OF THE BILLING PERIOD, 674
except THAT estimated bills may be rendered if access to a 675
customer's meter was unobtainable IS NOT ACCESSIBLE for a timely 676
reading OR IF THE CIRCUMSTANCES PRECLUDE A SCHEDULED READING. 677
Each board that assesses water rents or charges ALSO shall 678
establish procedures providing A fair and reasonable opportunity 679
for THE resolution of billing disputes. 680
When property to which water service is provided is about 682
to be sold, any party to the sale or his AN agent OF A PARTY may 684
request the board to read HAVE the meter at that property READ 686
and to render, within ten days following the date on which the 688
request is made, a final bill for all outstanding rents RATES and 689
charges for water service. Such a THE request shall be made at 691
least fourteen days prior to the transfer of the title of such 693
THE property.
At any time prior to a certification under division 695
(A)(G)(1) of this section, the board shall accept any partial 696
payment of unpaid water rents RATES or charges, in the amount of 697
ten dollars or more. 699
Except as otherwise provided in any resolution PROCEEDINGS 701
authorizing or providing for the security FOR and payment of any 703
bonds outstanding on July 1, 1958 or thereafter issued PUBLIC 704
OBLIGATIONS, or in any indenture or trust OR OTHER agreement 706
17
securing such bonds PUBLIC OBLIGATIONS, such MONEYS IN THE WATER 707
fund shall be applied first to the conduct, PAYMENT OF THE COST 708
OF THE management, MAINTENANCE, and operation of such THE water 710
supply or water-works system FACILITIES OF, OR USED OR OPERATED 711
FOR, THE SEWER DISTRICT, which COST may include THE COUNTY'S 712
SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS UNDER 713
COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE
OF WATER SUPPLY FACILITIES AND, in accordance with a cost 715
allocation plan adopted under division (B)(H) of this section, 717
payment of all allowable direct and indirect costs of the water 718
supply or water-works system DISTRICT, the COUNTY sanitary 719
engineer or sanitary engineering department, or a federal or 720
state grant program, incurred for the purposes of this chapter;, 721
and shall be applied second to the payment of interest or 722
principal of any loan, indebtedness or liability DEBT CHARGES 723
PAYABLE ON ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR incurred 724
in connection therewith, or for the creation ACQUISITION OR 725
CONSTRUCTION OF WATER SUPPLY FACILITIES FOR OR SERVING THE 726
DISTRICT, OR FOR THE FUNDING of a sinking BOND RETIREMENT OR 727
OTHER fund ESTABLISHED for the liquidation of any debt created in 729
connection therewith PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. 730
Any surplus thereafter remaining may be applied to the 731
enlargement, replacement, or extension ACQUISITION OR 732
CONSTRUCTION of such water supply or water-works system, but in 735
no case shall money so collected THOSE FACILITIES OR FOR THE 736
PAYMENT OF CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE
ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE 737
CONTRACTS. MONEYS IN THE WATER FUND SHALL NOT be expended 738
otherwise OTHER than for the use and benefit of such THE 740
district. No provision of this section shall limit or restrict 741
the power and discretion of the board to determine how much of 742
the cost of such improvements shall be borne by the county at 743
large and how much shall be specially assessed upon benefited 744
properties, nor the power to issue notes and bonds for the share 745
18
to be borne by the county and in anticipation of the levy or 746
collection of special assessments for the share to be specially 747
assessed, nor the power of the board to levy special assessments 748
upon benefited properties for operation and maintenance whenever 749
the rents and other funds available are not sufficient to pay all 750
the cost thereof. 751
(B)(H) A board of county commissioners may adopt a cost 753
allocation plan that identifies, accumulates, and distributes 754
allowable direct and indirect costs that may be paid from the 755
WATER fund of the water supply or water-works system SEWER 756
DISTRICT created in PURSUANT TO division (A)(G) of this section, 758
and THAT prescribes methods for allocating those costs. The plan 760
shall authorize payment from the fund for OF only those costs 761
incurred by the district, the COUNTY sanitary engineer or 763
sanitary engineering department, or a federal or state grant 764
program, and those costs incurred by the general and other funds 765
of the county for a common or joint purpose, that are necessary 766
and reasonable for the proper and efficient administration of the 767
water supply or water-works system DISTRICT under this chapter. 768
The plan shall not authorize payment from the fund of any general 770
government expense required to carry out the overall governmental 771
responsibilities of a county. The plan shall conform to United 772
States office of management and budget Circular A-87, "Cost 773
Principles for State and, Local, AND INDIAN TRIBAL Governments," 775
published January 15 MAY 17, 1983 1995. 776
Sec. 6103.03. The authority of the A board of county 785
commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND 786
OPERATE water supply improvements and to maintain and operate the 788
same within FACILITIES FOR A COUNTY sewer districts which include 790
a part or all of the DISTRICT IN territory within one or more OF 791
A municipal corporations shall be CORPORATION, OR A REGIONAL 792
DISTRICT ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, 794
THAT IS IN WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT IS 795
the same as provided by law WITH RESPECT TO TERRITORY within 796
19
districts A COUNTY SEWER DISTRICT THAT IS wholly outside of A 797
municipal corporation, including the levying of assessments. 799
Such authority shall be limited to main works only, and shall not 800
include construction and maintenance of lateral water mains for 801
local service OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING IN 802
THE CASE OF FACILITIES within such A municipal corporation. The 803
plans, specifications, and estimated cost for any improvement 804
within the corporate limits of such municipal corporation: 805
(A) THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND 807
OPERATION OF THE FACILITIES shall FIRST be approved AUTHORIZED by 808
AN ORDINANCE OR RESOLUTION OF the legislative authority of such 810
THE municipal corporation prior to the letting of any contract 812
for the construction thereof. All
(B) ALL road surfaces, curbs, sidewalks, sewers, water 815
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 816
THAT MAY BE disturbed or damaged by such THE construction OF THE 817
FACILITIES shall be REPLACED OR restored to their original 819
condition within a reasonable time by the board COUNTY, and the 821
cost thereof shall be TREATED AS a part of the cost of such 822
improvement. After such main works are constructed, such 823
municipal corporations may use the same as a supply for branch 824
and lateral water mains, for the service and use only of that 825
part of such THE FACILITIES. 826
(C) THE municipal corporation as lies within the area 828
assessed or to be assessed for the cost of such main works, 829
subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT WITH THE 830
BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH rules 832
and regulations as are established by the board and subject to 833
all ANY APPLICABLE requirements of the director of environmental 835
protection.
At any time after a district is established comprising or 837
including a part or all of the territory within any municipal 838
corporation, the legislative authority of such municipal 839
corporation may by ordinance or resolution authorize the board to 840
20
proceed with the construction or the maintenance, repair, and 841
operation of any water improvement for local service within such 842
municipal corporation. After such authority has been granted, 843
the board may proceed with the construction or the maintenance, 844
repair, and operation of said improvement in the same manner as 845
provided by law for improvements in districts wholly outside of 846
municipal corporations, under the same restrictions as provided 847
in this section for main works. 848
Sec. 6103.04. (A) Whenever any portion of a COUNTY sewer 857
district is incorporated as a municipal corporation, or annexed 859
to, a municipal corporation, the area so incorporated or annexed 861
shall remain under the jurisdiction of the board of county 862
commissioners for water-works purposes OF THE ACQUISITION AND
CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS until any water supply 863
or water-works ALL OF THE improvements for said THE area for 865
which detailed plans have been prepared and the resolutions 866
declaring the necessity thereof A RESOLUTION DESCRIBED IN 867
DIVISION (A) OR (E) OF SECTION 6103.05 OF THE REVISED CODE has 868
been adopted by the board have been ACQUIRED OR completed or 869
until said THE board has abandoned such projects THE 871
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 872
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 873
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 874
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO 876
ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR COMPLETED, 877
INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND CHARGES FOR 878
THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS. THE 879
incorporation or annexation of any part of a district shall not 881
interfere with or render illegal AFFECT THE LEGALITY OR 882
ENFORCEABILITY OF any issue of bonds or certificate of 883
indebtedness made PUBLIC OBLIGATIONS ISSUED OR INCURRED by the 884
board in accordance with sections 6103.02 to 6103.30, inclusive, 886
of the Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER to 887
21
provide FOR THE payment for OF the cost of ACQUISITION, 888
construction and, maintenance, OR OPERATION of any water SUPPLY 891
improvements within such THE area, or with THE VALIDITY OF any 892
assessments levied or to be levied upon the property PROPERTIES 893
within such THE area to provide for the payment of the cost of 895
ACQUISITION, construction and, maintenance, OR OPERATION OF THE 896
IMPROVEMENTS. 897
(B) ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR 899
CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 900
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 901
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 903
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 904
PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT 905
BETWEEN THE BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL 906
CORPORATION ON TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. 907
UPON AND AFTER THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL 908
MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN ACCORDANCE WITH 910
THE AGREEMENT. THE BOARD MAY RETAIN THE RIGHT TO JOINT USE OF
ALL OR PART OF ANY FACILITIES SO CONVEYED FOR THE BENEFIT OF THE 911
DISTRICT. NEITHER THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE 912
LEVIED, NOR THE LEGALITY OR ENFORCEABILITY OF ANY PUBLIC 913
OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR THE PAYMENT OF THE 914
COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION 915
OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE
CONVEYANCE. 916
Sec. 6103.05. (A) After the establishment of any COUNTY 925
sewer district, the board of county commissioners, IF A WATER 927
SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared by the 929
county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE
PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a general plan 931
of water supply and water works for such district THAT IS as 932
complete as can be made DEVELOPED at that THE time. After such 934
THE general plan, IN ORIGINAL OR REVISED FORM, has been approved 935
22
by the board, IT MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 936
WATER SUPPLY IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR 937
CONSTRUCTED IN ACCORDANCE WITH THE PLAN, DECLARING THAT THE
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 938
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT 939
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 940
PART OF THE COST OF THE IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 942
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 943
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 944
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 945
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 946
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 947
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 948
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 949
(E) OF THIS SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09 950
TO 6117.24 OF THE REVISED CODE. THOSE PROCEDURES SHALL BE 951
REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE 952
TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 954
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 955
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 956
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 957
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 958
HAVE the COUNTY sanitary engineer shall prepare, OR OTHERWISE 960
CAUSE TO BE PREPARED, detailed plans, specifications, and 961
estimates AN ESTIMATE of cost of such part of FOR the improvement 963
as it is necessary to then construct, together with a tentative 964
assessment of the cost based on such THE estimate. Such THE 965
tentative assessment shall be for the information of property 966
owners, and shall not be LEVIED OR certified to the county 967
auditor for collection. Such THE detailed plans, specifications, 969
estimates ESTIMATE of cost, and tentative assessment, as so 971
23
prepared by the sanitary engineer and IF approved by the board, 973
shall be carefully preserved in the office of the board or the 974
COUNTY sanitary engineer and shall be open to THE inspection of 975
all persons interested in such improvements THE IMPROVEMENT. 976
(B)(D) After THE BOARD'S approval of the detailed plans, 979
specifications, estimates ESTIMATE of cost, and tentative 980
assessment, and at least twenty-four days before adopting a 982
resolution as required by PURSUANT TO division (C)(E) of this 984
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 985
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 986
BE SENT a notice of its intent to consider or adopt a resolution 988
to each owner of property PROPOSED TO BE ASSESSED that is listed 989
on the records of the county auditor for current agricultural use 991
value taxation pursuant to section 5713.31 of the Revised Code 992
and that is not located in an agricultural district established 993
under section 929.02 of the Revised Code. The notice shall 994
SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 996
(2) Specify the proposed date of the adoption of the 998
resolution; 999
(3) Contain a statement that the project IMPROVEMENT will 1,001
be financed in whole or in part by special assessments and that 1,003
all owners of property PROPERTIES not located in an agricultural 1,004
district established pursuant to section 929.02 of the Revised 1,006
Code may be subject to a special assessment; and 1,007
(4) Contain a statement that an agricultural district may 1,009
be established by filing an application with the county auditor. 1,010
If it appears, by the return of the mailed notices or by 1,012
other means, that one or more of the AFFECTED owners of property 1,014
cannot be found or are not served by the mailed notice, the board 1,015
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 1,016
newspaper of general circulation within IN the county not later 1,018
than ten days before the adoption of the resolution. 1,019
(C)(E) After complying with divisions (A), (C), and (B)(D) 1,022
24
of this section, the board shall MAY adopt a resolution declaring 1,023
that such THE improvement, describing the same WHICH SHALL BE 1,025
DESCRIBED AS TO ITS NATURE and ITS location, route, and termini 1,026
thereof, is necessary for the preservation and promotion of THE 1,027
public health and welfare and to provide fire protection, 1,028
referring to the plans, specifications, estimates ESTIMATE of 1,029
cost, and tentative assessment, stating the place where they are 1,031
on file and may be examined, what part of AND PROVIDING THAT the 1,032
ENTIRE cost OR A LESSER DESIGNATED PART OF THE COST will be paid 1,034
by the county at large, and what part will be specially assessed 1,035
against the benefited property PROPERTIES within the district AND 1,036
THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 1,037
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 1,039
description of the boundaries of that part of the district to be 1,041
assessed, and may include the estimated cost of maintaining the 1,042
improvement for one year. The resolution shall designate a time 1,043
and place, to be fixed by the board, when and where FOR 1,044
objections to the improvement, to the tentative assessment, or to 1,045
the boundaries of the assessment district will TO be heard by the 1,047
board. The date of such THAT hearing shall be not less than 1,049
twenty-four days after the date of the first publication of the 1,050
notice of THE hearing required by this section DIVISION. 1,051
The board shall cause a notice of the hearing to be 1,053
published once a week for two consecutive weeks in a newspaper of 1,054
general circulation within IN the county, and on or before the 1,055
date of the second publication, it shall send CAUSE TO BE SENT by 1,058
ordinary first class or certified mail a copy of the notice to 1,060
every owner of property to be assessed for such THE improvement 1,061
whose address is known.
The notice shall set forth the time and place of the 1,063
hearing, a summary description of the proposed improvement, 1,064
including its general route and termini, a summary description of 1,065
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 1,067
the place where the plans, specifications, estimates ESTIMATE of 1,068
25
cost, and tentative assessments ASSESSMENT are on file and may be 1,070
examined. The EACH MAILED notice shall also SHALL include a 1,071
statement that the property of the addressee will be assessed for 1,072
such THE improvement. Notice of such hearing THE NOTICE ALSO 1,074
shall be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR 1,075
BEFORE THE DATE OF THE SECOND PUBLICATION, to the clerk, OR THE 1,077
OFFICIAL DISCHARGING THE DUTIES OF A CLERK, of any municipal 1,078
corporation any part of which lies within the assessment district 1,079
AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING TO THE 1,080
MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL
IDENTIFY THAT PROPERTY. A 1,081
AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 1,084
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 1,086
the time and place fixed by such resolution and notice WHOSE 1,088
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 1,089
indorsements ENDORSEMENTS of the proposed improvement, the ITS 1,091
character and termini thereof, the boundaries of the assessment 1,093
district, or the tentative assessment shall be received by the 1,094
board for a period of five days after the COMPLETION OF THE 1,095
hearing, and no action shall be taken by the board in the matter 1,097
until after such THAT period has elapsed. The minutes of the 1,099
hearing shall be entered on the journal of the board showing the 1,100
persons who appear in person or by attorney, and all written 1,101
objections shall be preserved and filed in the office of the 1,102
board.
Sec. 6103.07. After the passage ADOPTION of the A 1,111
resolution to proceed with an improvement, as provided in section 1,113
6103.06 of the Revised Code, no further action THE CONSTRUCTION 1,115
OF THE IMPROVEMENT shall be taken or work done in connection 1,116
therewith DEFERRED until ten days have elapsed. If, at the 1,117
expiration of such THAT period, no appeal has been effected by 1,118
any property owner, as provided in sections 6117.09 to 6117.24, 1,119
inclusive, of the Revised Code, THE ACTION OF THE BOARD OF COUNTY 1,120
26
COMMISSIONERS SHALL BE FINAL, AND the board may PROCEED TO issue 1,122
and sell bonds or certificates of indebtedness INCUR PUBLIC 1,124
OBLIGATIONS and construct such THE improvement. If, at the end 1,125
of THAT ten days, any owner of property to be assessed or taxed 1,127
for the improvement has effected an appeal, then said work THE 1,129
CONSTRUCTION OF THE IMPROVEMENT shall not be proceeded with 1,130
DEFERRED until the matters appealed from have been disposed of in 1,131
court.
Sec. 6103.081. (A) After the establishment of any COUNTY 1,140
sewer district, the board of county commissioners may determine 1,142
by resolution that it is necessary to provide water supply 1,143
improvements and to maintain and operate the same IMPROVEMENTS 1,144
within the sewer district or a designated portion thereof and OF 1,145
THE DISTRICT, that such water supply THE improvements, WHICH 1,147
SHALL BE generally described in such THE resolution, shall be 1,148
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 1,149
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 1,150
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION. 1,151
(B) Prior to the adoption of such THE resolution, the 1,153
board of county commissioners shall give notice of the ITS 1,155
pendency thereof and of the proposed determination of the 1,157
necessity of the improvements therein generally described, which 1,158
IN THE RESOLUTION. THE notice shall set forth a description of 1,159
the properties to be benefited by the improvements and the time 1,160
and place of A hearing of objections to and endorsements of the 1,162
improvements. Such THE notice shall be given EITHER by 1,163
publication in a newspaper of general circulation IN THE COUNTY 1,165
once a week for two consecutive weeks, OR BY MAILING A COPY OF 1,166
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 1,167
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 1,168
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 1,169
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 1,170
date set for the hearing. At such THE hearing, or at any 1,171
27
adjournment thereof OF THE HEARING, of which no further published 1,173
OR MAILED notice need be given, the board of county commissioners 1,174
shall hear all persons whose properties are proposed to be 1,175
assessed, and such THE evidence as is deemed IT CONSIDERS to be 1,177
necessary, and shall. THE BOARD then SHALL determine the 1,178
necessity of the proposed improvement, IMPROVEMENTS and in 1,179
addition shall determine whether such THE improvements shall be 1,182
made by the board of county commissioners and, IF THEY ARE TO BE 1,183
MADE, shall direct the preparation of tentative assessments upon 1,184
the benefited properties and by whom they shall be prepared. 1,185
Thereupon in (C) IN order to obtain funds for the 1,187
preparation of a general OR REVISED GENERAL plan of water supply 1,189
and waterworks for such THE district or part thereof and OF THE 1,190
DISTRICT, FOR THE PREPARATION OF the detailed plans, 1,191
specifications, estimates ESTIMATE of cost, preparation of the 1,192
AND tentative assessment FOR THE PROPOSED IMPROVEMENTS, and FOR 1,193
the cost of financing and legal services incident to the 1,194
preparation of all of such THOSE plans and a plan of financing 1,195
the proposed improvement IMPROVEMENTS, the board of county 1,197
commissioners may levy upon the property PROPERTIES to be 1,199
benefited in such THE district a preliminary assessment 1,200
apportioned according to benefits or to tax valuation or partly 1,202
by one method and partly BY the other METHOD as the board of 1,204
county commissioners may determine. Such THE assessments shall 1,205
be in the amount determined to be necessary to obtain funds for 1,206
such THE general and detailed plans and such costs THE COST of 1,208
financing and legal services and shall be payable in such THE 1,210
number of years as THAT the board of county commissioners shall 1,211
determine, not to exceed twenty years, together with interest on 1,212
any notes and bonds which PUBLIC OBLIGATIONS THAT may be issued 1,214
OR INCURRED in anticipation of the collection of such THE 1,216
assessments. 1,217
(D) The board of county commissioners shall have power at 1,219
any time to levy additional assessments according to benefits or 1,221
28
to tax valuation or partly by one method and partly by the other 1,222
METHOD as the board of county commissioners may determine for 1,224
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 1,225
such THE BENEFITED properties to complete the payment of such THE 1,227
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 1,229
cost of any additional plans, specifications, estimates ESTIMATE 1,230
of cost, OR tentative assessments ASSESSMENT and the cost of 1,231
financing and legal services incident to the preparation of such 1,232
THOSE plans and such THE plan of financing, which additional 1,234
assessments shall be payable in such THE number of years as THAT 1,235
the legislative authority BOARD shall determine, not to exceed 1,236
twenty years, together with interest on any notes and bonds which 1,238
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 1,239
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 1,241
(E) Prior to the adoption of the A resolution levying such 1,244
assessments UNDER THIS SECTION, the board shall give at least ten 1,245
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 1,246
general circulation in the county which shall state, OR BY 1,248
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 1,249
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 1,250
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 1,251
PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS
PRIOR TO the time and place when and where such DATE OF THE 1,253
MEETING AT WHICH THE resolution shall be taken up for 1,255
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 1,256
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 1,257
time and place OF THE MEETING, or at any adjournment thereof OF 1,259
THE MEETING, of which no further published OR MAILED notice need 1,260
be given, the board shall hear all persons whose properties are 1,261
proposed to be assessed, shall correct any errors and make any 1,262
revisions that appear to be necessary or just, and may then pass 1,263
MAY ADOPT a resolution levying upon the properties determined to 1,264
be benefited such THE assessments as so corrected and revised. 1,265
The assessments levied by such THE resolution shall be 1,267
29
certified to the county auditor for collection IN THE SAME MANNER 1,269
as other taxes in the year or years in which they are payable. 1,271
(F) Upon the adoption of such THE resolution DESCRIBED IN 1,274
DIVISION (E) OF THIS SECTION, no further action shall be taken or 1,275
work done until ten days have elapsed. If, at the expiration of 1,276
such THAT period, no appeal has been effected by any property 1,278
owner as herein provided IN THIS DIVISION, the action of the 1,281
board shall be final. If, at the end of THAT ten days, any owner 1,282
of property to be assessed for the improvement IMPROVEMENTS has 1,283
effected such an appeal then, no further action shall be taken 1,285
and no work done in connection with such THE improvements under 1,288
said THE resolution until the matters appealed from have been 1,289
disposed of in court. 1,290
Any owner of property to be assessed may appeal as provided 1,292
and upon the grounds stated in sections 6117.09 to 6117.24, 1,293
inclusive, of the Revised Code. 1,294
If no appeal has been perfected or if on appeal the 1,296
resolution of award of county commissioners THE BOARD is 1,297
sustained, the board of county commissioners may authorize AND 1,299
ENTER INTO contracts to carry out the purpose for which such THE 1,300
assessments have been levied without the prior issuance of notes, 1,301
provided that the payments due by the board of county 1,303
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 1,304
time in BY which such THE assessments shall ARE TO be collected. 1,306
The board of county commissioners shall also have the power to 1,308
MAY issue and sell its bonds with a maximum maturity of twenty 1,310
years in anticipation of the collection of such THE assessments 1,311
and may issue its notes in anticipation of the issuance of such 1,312
THE bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 1,314
issued and sold as provided in Chapter 133. of the Revised Code. 1,316
Sec. 6103.11. Whenever the owners of all the lots and 1,325
lands to be benefited by and to be assessed for any water supply 1,327
or water-works system, IMPROVEMENT provided for in sections 1,329
6103.02 to 6103.30, inclusive, of the Revised Code THIS CHAPTER, 1,330
30
by petition in writing, request the board of county commissioners 1,331
to provide for the ACQUISITION OR construction, maintenance, and 1,332
operation of any such THE improvement, describing the improvement 1,334
desired and the lots and lands owned by them respectively to be 1,336
assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 1,338
maintenance, AND OPERATION of such THE improvement, and 1,339
consenting that their said lots and lands may be assessed to pay 1,340
the cost of such THE ACQUISITION OR CONSTRUCTION OF THE 1,341
improvement and of ITS maintenance and operation as provided in 1,342
such sections THIS CHAPTER, and waive notice and the publication 1,344
of all resolutions and legal notices provided for in such 1,346
sections OTHERWISE REQUIRED, the board shall MAY have THE COUNTY 1,348
SANITARY ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE prepared, the 1,349
necessary plans, specifications, and estimates ESTIMATE of cost 1,351
of THE ACQUISITION OR construction, maintenance, and operation 1,354
thereof, OF THE IMPROVEMENT and a tentative assessment. When all 1,355
of the owners of the lots and lands to be benefited by and 1,356
assessed for the proposed improvement in writing state, IN 1,357
WRITING, that they have examined the estimated ESTIMATE OF cost 1,358
and tentative assessment as made by the county sanitary engineer, 1,359
that they have no objections thereto TO THEM, and that, in case 1,361
bonds are sold PROPOSED TO BE ISSUED prior to the ACQUISITION OR 1,363
construction of the improvement, they waive their right or option 1,364
to pay the assessments in cash, then the board shall MAY proceed, 1,366
as provided in such sections, THIS CHAPTER to construct such 1,368
CAUSE THE improvement TO BE ACQUIRED OR CONSTRUCTED and make 1,369
provisions TO CAUSE PROVISION TO BE MADE for the payment of the 1,370
cost of ITS ACQUISITION OR construction, maintenance, and 1,371
operation, as provided in such sections, except that none of the 1,373
notices or publications OTHERWISE required by law need be made 1,374
nor any GIVEN AND NO opportunity NEED be given PROVIDED for the 1,375
filing of objections to the improvement, ITS CHARACTER AND 1,376
TERMINI, THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the 1,377
assessments, TENTATIVE ASSESSMENT or, if bonds have been sold ARE 1,379
31
ISSUED PRIOR TO THE ACQUISITION OR CONSTRUCTION OF THE 1,380
IMPROVEMENT, for paying the assessments in cash, and the. THE 1,382
board shall forthwith MAY proceed to authorize and issue bonds or 1,383
certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT, 1,384
COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE 1,385
IMPROVEMENT, and levy and collect the assessments authorized by 1,388
sections 6103.02 to 6103.30, inclusive, of the Revised Code, and 1,389
no THIS CHAPTER. NO person, firm, or corporation PUBLIC AGENCY 1,391
shall have the right to appeal from any decision or action of the 1,393
board in the matter except refusal by the board to proceed with
such THE improvement. The 1,395
THE tentative assessment provided for in this section shall 1,397
be for the information of property owners and shall not be LEVIED 1,398
OR certified to the county auditor for collection. On completion 1,402
of the work IMPROVEMENT, the ITS cost thereof shall be 1,403
determined, including incidental expense as defined in sections 1,405
6103.02 to 6103.30, inclusive, of the Revised Code, and a revised 1,407
assessment shall be prepared by the COUNTY sanitary engineer 1,408
SHALL PREPARE, OR OTHERWISE CAUSE TO THE BE PREPARED, A REVISED 1,409
ASSESSMENT based on such THE actual cost and in substantially the 1,411
same proportion as the tentative assessment. The board shall 1,412
confirm such AND LEVY THE revised assessment and certify the same 1,414
IT to the COUNTY auditor for collection. 1,415
Sec. 6103.12. The cost of any improvement provided for in 1,424
sections 6103.02 to 6103.30, inclusive, of the Revised Code, THIS 1,426
CHAPTER and the cost of the ITS maintenance and operation 1,428
thereof, shall include, in addition to the cost of ITS
ACQUISITION OR construction, the cost of engineering, necessary 1,430
publications, inspection, interest on certificates of 1,431
indebtedness or on bonds PUBLIC OBLIGATIONS, and all other items 1,432
of cost incident to such THE improvement AS DESCRIBED IN DIVISION 1,433
(B) OF SECTION 133.15 OF THE REVISED CODE. The county may pay 1,434
FROM AVAILABLE COUNTY FUNDS any part of the cost of such THE 1,435
improvement and any part of the COST OF ITS maintenance and 1,436
32
operation thereof if the board of county commissioners deems such 1,438
CONSIDERS THE payment TO BE just. 1,439
Sec. 6103.13. The cost and expense of the ACQUISITION OR 1,448
construction of a main, branch, local or reinforcing pipe line 1,450
and water supply FACILITIES to be paid by assessments shall be 1,453
assessed, as an assessment district assessment, upon all the
property within said THE COUNTY SEWER district found to be 1,455
benefited in accordance with the special benefits conferred, less 1,457
such ANY part of said THE cost as shall be THAT IS paid by the 1,458
county at large FROM OTHER AVAILABLE FUNDS. State land so 1,460
benefited and any state land benefited by pavement, sidewalk, 1,461
sewage, or other improvement of value shall bear its proportion 1,462
PORTION of THE assessed costs according to its special benefit 1,464
COST.
Sec. 6103.15. The county sanitary engineer, upon the 1,473
completion of any improvement under sections 6103.02 to 6103.30, 1,474
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 1,475
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 1,477
present to the board of county commissioners, a revised 1,478
assessment, based on the tentative assessment previously ratified 1,479
by the board for such THE improvement, or, if such THE tentative 1,482
assessment has been revised by order of court, BASED on such THE 1,485
revised tentative assessment, the assessment levied on each piece 1,487
of property being modified in substantially the same proportion
as the actual cost of the work IMPROVEMENT, including incidental 1,488
costs, bears to the estimated cost on which such THE tentative 1,491
assessment was based. No notice of such THE revised assessment 1,493
shall be given unless such THE actual cost exceeds the estimated 1,494
cost. If the actual cost exceeds the estimated cost, notice 1,495
shall be given TO all property owners within the assessment 1,497
district and shall be published as provided by section 6103.06 of 1,498
the Revised Code for amendments of the tentative assessment, and 1,500
any property owners OWNER may appeal as provided for in THE case 1,502
of A tentative assessments ASSESSMENT. The board shall confirm 1,504
33
such THE revised assessment, and, when so confirmed, the same IT 1,505
shall be final and conclusive. If an appeal has been made, such 1,507
THAT confirmation shall be subject to the finding of the court. 1,508
The 1,509
THE board may, at such intervals as it deems CONSIDERS 1,513
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 1,514
and parcels of land specified in said notice of assessment and 1,516
levy taxes upon the taxable property of the district so improved 1,518
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 1,519
pay the cost of the maintenance, REPAIR, and operation of any 1,521
such THE improvement, after ITS completion thereof, and no. NO 1,523
further notice shall be necessary of such maintenance, repair, or 1,524
operation THAT ADDITIONAL assessment SHALL BE NECESSARY unless 1,526
the amount thereof OF IT exceeds ten per cent of the original 1,527
cost of the construction ACQUIRING OR CONSTRUCTING THE 1,528
IMPROVEMENT. If such maintenance, repair, or operation THAT 1,529
ADDITIONAL assessment exceeds ten per cent of the original cost 1,532
of the construction ACQUIRING OR CONSTRUCTING THE IMPROVEMENT, 1,533
the method and manner of making such THAT ADDITIONAL assessment, 1,534
together with the notice thereof OF IT, shall be the same as 1,535
provided by sections 6103.02 to 6103.30, inclusive, of the 1,536
Revised Code, IN THIS CHAPTER for the original assessment. THAT 1,538
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 1,539
PROVISIONS OF SECTION 6103.16 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE THAT THE BOARD 1,540
DETERMINES TO BE APPROPRIATE. 1,541
Sec. 6103.17. Whenever the legislative authority or board 1,550
of health, or the officers performing the duties of a legislative 1,551
authority or board of health, of a municipal corporation, the 1,552
board of health of a general health district, or a board of 1,553
township trustees makes complaint, in writing, to the director of 1,554
environmental protection AGENCY that unsafe water supply 1,555
conditions exist in any county, the AGENCY'S director shall 1,556
forthwith SHALL inquire into and investigate the conditions 1,558
34
complained of. If, upon investigation of such THE complaint, the 1,559
director finds that it is necessary for the public health and 1,561
welfare that any improvement mentioned in sections 6103.01 and 1,562
6103.02 of the Revised Code WATER SUPPLY FACILITIES be ACQUIRED 1,564
OR constructed, maintained, and operated for the service of TO 1,565
SERVE any territory outside of municipal corporations in any 1,567
county, the director shall notify the board of county 1,568
commissioners of such THE county of his THAT finding AND ORDER 1,570
THAT CORRECTIVE ACTION BE TAKEN. The board shall obey such THE 1,571
order and proceed, as provided in sections THIS CHAPTER AND 1,572
SECTION 6117.01, 6117.02, and 6103.02 to 6103.30 of the Revised 1,574
Code, to establish a COUNTY sewer district, IF REQUIRED, TO 1,576
provide THE necessary funds, and TO ACQUIRE OR construct such 1,577
public water supplies THE FACILITIES, or AND TO maintain, repair, 1,579
or AND operate the same FACILITIES, as are required by such THE 1,581
order and in such A manner as THAT is satisfactory to the 1,583
director. Any part OR ALL of the cost of such improvement THE 1,584
FACILITIES or OF THE maintenance AND OPERATION OF THE FACILITIES 1,585
may be assessed upon the property benefited PROPERTIES as 1,586
provided in such sections THIS CHAPTER. 1,587
Sec. 6103.20. (A) At any time after the formation of any 1,596
COUNTY sewer district, the board of county commissioners, when 1,599
deemed expedient IT CONSIDERS IT APPROPRIATE, on application by a 1,600
corporation, individual, PERSON or public institution AGENCY FOR 1,602
THE SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC AGENCY 1,603
LOCATED outside of any THE district, may contract with such 1,604
corporation, individual, THE PERSON or public institution AGENCY 1,605
for supplying water to their premises THOSE PROPERTIES FROM WATER 1,607
SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED OR TO BE ACQUIRED OR 1,608
CONSTRUCTED BY THE COUNTY TO SERVE THE DISTRICT, on such terms as 1,610
are THAT THE BOARD CONSIDERS equitable, but the. THE amount to 1,611
be paid BY THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY 1,612
FOR COSTS OF ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not 1,613
be less than the original OR COMPARABLE assessment for similar 1,614
35
property within the district OR, IN THE ABSENCE OF AN ORIGINAL OR 1,615
COMPARABLE ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE 1,616
REASONABLE AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF 1,617
THOSE FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. 1,618
Such THE board in any such case shall appropriate any moneys 1,619
received for such THAT service to and for the use and benefit of 1,620
such THE district. When the THE board deems it necessary to 1,622
contract with a corporation, individual, or public institution 1,624
outside of any district for supplying water to their premises 1,625
from water supply lines constructed or to be constructed to serve
such district, it shall so determine by resolution and may 1,627
collect said THE amount TO BE PAID BY THE PERSON OR PUBLIC AGENCY 1,628
IN FULL, in cash OR IN INSTALLMENTS AS A PART OF A CONNECTION 1,630
CHARGE TO BE COLLECTED IN ACCORDANCE WITH DIVISION (F) OF SECTION 1,631
6103.02 OF THE REVISED CODE, or, IF THE PROPERTIES TO BE SERVED 1,633
ARE LOCATED WITHIN THE COUNTY, the same AMOUNT may be assessed 1,634
against said lots or parcels of land THOSE PROPERTIES, and, IN 1,636
THAT EVENT, the manner of making such THE assessment, together 1,637
with the notice thereof OF IT, shall be the same as provided in 1,639
sections 6103.02 to 6103.30, inclusive, of the Revised Code, for 1,641
the original assessment THIS CHAPTER.
(B) Whenever a water supply line has FACILITIES HAVE been 1,644
ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a corporation, 1,645
individual, PERSON or public institution at its own expense for 1,646
the purpose of supplying water to any allotment, development, 1,649
subdivision, or similar enterprise, or to any institution, AGENCY 1,650
and it is deemed expedient by the board CONSIDERS IT APPROPRIATE 1,651
to acquire said water supply line THE FACILITIES or any part 1,653
thereof OF THEM for the purpose of supplying water to territory 1,655
outside the allotment, subdivision, development, or other such 1,656
enterprise for which such line was constructed, and such 1,658
additional territory is within a COUNTY SEWER district, the 1,659
county sanitary engineer, AT THE DIRECTION OF THE BOARD, shall 1,660
examine it and if he THE FACILITIES. IF THE COUNTY SANITARY 1,661
36
ENGINEER finds the same FACILITIES properly designed and 1,663
constructed, he THE COUNTY SANITARY ENGINEER shall make an 1,664
appraisal of its present value to the district as a means of 1,666
supplying water to territory outside the allotment, subdivision, 1,667
development, or similar enterprise for which it was originally
constructed and shall certify such value THAT FACT to the board. 1,669
In such appraisal no allowance shall be made for the value of 1,670
such water supply line to the territory for the service of which 1,671
it was originally constructed. THE 1,672
The board, by resolution, may determine to purchase said 1,674
water supply line THE FACILITIES OR ANY PART OF THEM at a cost 1,677
not to exceed its present value as certified by THAT, AFTER
CONSULTATION WITH the COUNTY sanitary engineer, IT FINDS TO BE 1,679
REASONABLE. For 1,680
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 1,682
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6103.05 OF 1,685
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for the 1,686
water supply line and the maintenance thereof COST OF THEIR 1,689
ACQUISITION, the board may issue bonds or certificates of 1,690
indebtedness INCUR PUBLIC OBLIGATIONS and assess the ENTIRE cost, 1,692
OR A LESSER DESIGNATED PART OF THE COST, OF THEIR ACQUISITION 1,693
against the benefited property PROPERTIES in the same manner as 1,694
provided by law IN THIS CHAPTER for the construction of an 1,696
original water supply line OR COMPARABLE FACILITIES. 1,697
Sec. 6103.21. At any time after the formation of any 1,706
COUNTY sewer district, the board of county commissioners may 1,709
enter into a contract, upon such THE terms and for such THE 1,710
period of time as are THAT IS mutually agreed upon, with any 1,712
municipal corporation or any other county PUBLIC AGENCY to 1,713
prepare ALL necessary plans and estimates of cost and to ACQUIRE 1,715
OR construct any water supply improvement FACILITIES THAT ARE to 1,716
be used jointly by the contracting parties, and to provide for 1,717
the furnishing of water and for the MAINTENANCE, OPERATION, AND 1,718
37
joint use by such THE contracting parties of such THOSE water 1,719
supply improvement FACILITIES or the MAINTENANCE, OPERATION, AND 1,721
joint use of any suitable existing water supply or water mains 1,722
SUPPLY FACILITIES belonging to either of such THE CONTRACTING 1,723
parties. 1,724
Sec. 6103.22. All contracts under section 6103.21 of the 1,733
Revised Code shall provide for THE payment OF COMPENSATION to the 1,735
county or municipal corporation OTHER PUBLIC AGENCY owning, 1,736
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct, 1,737
the water supply improvement FACILITIES to be jointly used of the 1,739
IN AN amount agreed upon as the other party's share of the cost 1,740
of ACQUIRING OR CONSTRUCTING the water supply improvement 1,742
FACILITIES. The contract also shall provide for payment OF 1,744
COMPENSATION to the county or municipal corporation OTHER PUBLIC 1,745
AGENCY owning, ACQUIRING, or constructing THE FACILITIES and 1,747
OPERATING AND maintaining the improvement of the THEM IN AN 1,749
amount agreed upon for AS the other party's share of the cost of 1,750
operating and maintaining the water supply improvement THEM, 1,751
including the cost of water, or, in lieu of all other OR 1,753
DIFFERING payments, an agreed price per unit for water furnished. 1,754
A county or municipal corporation OTHER PUBLIC AGENCY owning, 1,755
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct 1,757
a, ANY water supply improvement FACILITIES and permitting the 1,758
AGREEING TO THEIR use of it by another county or municipal 1,760
corporation PUBLIC AGENCY shall retain full control and 1,761
management of the ACQUISITION, construction, maintenance, repair, 1,762
and operation of the improvement, FACILITIES, UNLESS OTHERWISE 1,763
PROVIDED IN THE CONTRACT AND except, IN THE CASE OF A COUNTY, 1,765
when conveyed to a municipal corporation as provided in this 1,766
section DIVISION (B) OF SECTION 6103.04 OF THE REVISED CODE. ANY 1,767
CONTRACT RELATING TO FACILITIES UNDER THE JURISDICTION OF THE 1,768
DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL BE APPROVED BY THE 1,769
DIRECTOR BEFORE GOING INTO EFFECT.
A completed water supply or water-works system, as defined 1,771
38
in sections 6103.01 and 6103.02 of the Revised Code, for the use 1,772
of any sewer district, constructed under this chapter, and any 1,773
part thereof, located within any municipal corporation or within 1,774
any area that may be incorporated as a municipal corporation or 1,775
annexed to an existing municipal corporation, or that provides 1,776
water for such an area, by mutual agreement between the board of 1,777
county commissioners and the municipal corporation may be 1,778
conveyed to the municipal corporation, which shall thereafter 1,779
maintain and operate the water supply or water-works. The board
may retain the right to joint use of the water supply or 1,780
water-works for the benefit of the district. The validity of any 1,781
assessment that has been levied or may be levied thereafter to 1,782
provide means for the payment of the cost of the construction or 1,783
maintenance of the water supply or water-works or any part of it 1,784
shall not be affected by the conveyance.
Sec. 6103.23. The A county or municipal corporation OTHER 1,794
PUBLIC AGENCY contracting as provided in sections 6103.20 to 1,795
6103.21 AND 6103.22, inclusive, of the Revised Code, for the 1,797
joint use of any water supply improvement FACILITIES ACQUIRED OR 1,798
constructed, or to be ACQUIRED OR constructed, by another county 1,800
or municipal corporation PUBLIC AGENCY may provide for payment of 1,801
the agreed compensation by the levy of taxes, OR special 1,802
assessments, or FROM water rentals as now provided in RATES AND 1,805
CHARGES, IF AND TO THE EXTENT THAT THE PUBLIC AGENCY IS 1,806
AUTHORIZED BY the laws governing such county or municipal
corporation IT in the ACQUISITION, construction, maintenance, 1,808
repair, or operation of a water supply improvement FACILITIES TO 1,809
PROVIDE FOR PAYMENT OF COSTS IN RESPECT OF WHICH THE COMPENSATION 1,810
IS DUE FROM THOSE SOURCES, and may issue bonds OR INCUR PUBLIC 1,811
OBLIGATIONS as provided by such THOSE laws in anticipation of 1,812
such taxes or assessments AND PAY THE DEBT CHARGES ON THOSE 1,813
OBLIGATIONS FROM THOSE SOURCES, IF AND TO THE EXTENT SO 1,814
AUTHORIZED.
Sec. 6103.24. The A county or municipal corporation OTHER 1,824
39
PUBLIC AGENCY receiving the compensation provided for in section 1,826
6103.22 of the Revised Code shall credit the amount so received 1,827
to the proper fund to be used and applied towards FOR the 1,828
ACQUISITION, construction, or OPERATION AND maintenance, as the 1,829
case may be, of the water supply improvement and other water 1,831
works to be jointly used FACILITIES OR FOR OTHER AUTHORIZED 1,832
PURPOSES. 1,833
Sec. 6103.25. Whenever, in the opinion of the board of 1,842
county commissioners, it is necessary to procure ACQUIRE real 1,844
estate, a right of way, or an easement ANY INTEREST IN REAL 1,845
ESTATE for the ACQUISITION, construction, MAINTENANCE, or 1,846
operation of any water supply or other improvement FACILITIES 1,847
authorized by sections 6103.02 to 6103.30, inclusive, of the 1,849
Revised Code THIS CHAPTER, or TO ACQUIRE the right to ACQUIRE, 1,851
construct, maintain, and operate such water supply or other 1,852
improvement THOSE FACILITIES in and upon any property within or 1,854
without OUTSIDE OF a COUNTY sewer district, it may purchase the 1,855
same REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY 1,856
NEGOTIATION. If such THE board and the owner thereof OF THE REAL 1,858
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT are unable to agree 1,859
upon its purchase and sale, or the amount of damage DAMAGES to be 1,861
awarded therefor FOR IT, the board may appropriate such THE real 1,864
estate, right of way, easement INTEREST, or right, in accordance 1,866
with sections 163.01 to 163.22, inclusive, of the Revised Code. 1,868
The board shall perform all acts and duties required to be 1,870
performed by the mayor or legislative authority of a municipal 1,871
corporation by such laws and the passage of equivalent
resolutions and ordinances to be passed by the legislative 1,872
authority of a municipal corporation. In the construction, 1,873
maintenance, and operation of any water supply or waterworks 1,874
system, as provided in sections 6103.02 to 6103.30, inclusive, of 1,875
the Revised Code, the necessary resolutions, waivers, and
notices, provided for in such sections, may be passed, made, and 1,876
given at the same time, or may be included in any similar 1,877
40
resolution, waiver, or notice passed, made, or given for the 1,878
construction, maintenance, and operation of any sewer or sewage 1,879
disposal works in the same district.
Sec. 6103.29. No person OR PUBLIC AGENCY shall tamper with 1,888
or damage any water supply FACILITY ACQUIRED or water main 1,890
constructed BY A COUNTY under sections 6103.02 to 6103.30,
inclusive, of the Revised Code, THIS CHAPTER or any apparatus or 1,892
accessory connected therewith WITH IT or pertaining thereto. No 1,894
person shall TO IT, OR make any connection INTO OR with such THE 1,895
water supply or water main FACILITY, without THE permission of 1,896
the board of county commissioners, or make any such connection in 1,898
a manner or for a use other than as prescribed by such THE board. 1,899
No person OR PUBLIC AGENCY shall refuse to permit the inspection 1,900
by the county sanitary engineer of any such connection or 1,903
willfully cause the pollution of any water supply. No person OR 1,904
PUBLIC AGENCY shall violate sections 6103.02 to 6103.30, 1,905
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS 1,906
CHAPTER. All fines collected under section 6103.99 of the 1,907
Revised Code shall be paid to the county treasurer and credited 1,908
to such THE fund as THAT the board determines TO BE MOST 1,910
APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF THE 1,911
PARTICULAR VIOLATIONS.
Sec. 6103.31. (A) If THE BOARD OF COUNTY COMMISSIONERS 1,920
DETERMINES BY RESOLUTION THAT the best interests of the county 1,921
and the users of a public water supply FACILITIES of the county 1,923
SERVING A SEWER DISTRICT so require, the board of county 1,924
commissioners may sell or otherwise dispose of such public water 1,925
supply THE FACILITIES to another political subdivision, PUBLIC 1,927
AGENCY OR A person, firm, or private corporation. The resolution 1,928
declaring the necessity therefor OF THAT DISPOSITION shall recite 1,929
the reason REASONS for the sale or OTHER disposition and shall 1,931
include ESTABLISH any conditions or terms of sale which THAT the 1,932
board imposes MAY IMPOSE, including the proposed, BUT NOT LIMITED 1,933
TO, A MINIMUM sales price, IF A SALE IS PROPOSED, A REQUIREMENT 1,934
41
FOR THE SUBMISSION BY BIDDERS OF the schedule of water rates and 1,936
charges INITIALLY PROPOSED to be imposed upon PAID BY THE users 1,937
of the water supply FACILITIES, and such other pertinent 1,938
CONDITIONS OR terms and provisions relating to the sale or OTHER 1,940
disposition of the water supply as the board determines. THE 1,943
RESOLUTION ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING 1,944
OF OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. 1,945
Notice of the passage ADOPTION of the resolution AND THE TIME AND 1,946
PLACE OF THE HEARING shall be published ONCE A WEEK for two 1,949
consecutive weeks, on the same day of the week, in a newspaper of 1,950
general circulation in the sewer district and IN THE county 1,952
served by the public water supply and a. THE public hearing ON 1,954
THE SALE OR OTHER DISPOSITION SHALL BE held thereon not less than 1,955
twenty-four days following the date of first publication of the 1,958
notice of passage of the resolution. Notice of the passage of 1,960
the resolution shall A COPY OF THE NOTICE also SHALL be mailed 1,961
SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF 1,962
THE SECOND PUBLICATION, to any municipality PUBLIC AGENCY within 1,964
the water supply service area of the sewer district SERVED BY THE 1,965
FACILITIES. Five AT THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF 1,966
IT, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE NEED BE GIVEN, 1,967
THE BOARD SHALL HEAR ALL INTERESTED PARTIES. A PERIOD OF FIVE
days shall be given following the date COMPLETION of THE hearing, 1,970
which may be adjourned from time to time, for the filing of 1,972
written objections by any interested person PERSONS OR PUBLIC 1,973
AGENCIES to the sale or OTHER disposition of the public water 1,974
supply, after which the board shall consider such ANY objections 1,976
and by resolution determine whether or not to proceed with the 1,977
sale or OTHER disposition of the public water supply. In the 1,978
event IF the board determines to proceed with the sale or OTHER 1,980
disposition of the public water supply, any interested person 1,982
whose objection has been overruled may appeal to the probate 1,983
court of the county in the manner prescribed by sections 6117.09
to 6117.22, inclusive, of the Revised Code. An appeal may be 1,984
42
taken with regard to any matter required by this section to be 1,986
incorporated in the resolution of necessity. The board of county 1,987
commissioners, in proceeding with the sale or disposition of the 1,988
water supply, IT shall receive bids and proceed in accordance 1,989
with section 6103.10 of the Revised Code for bidding, AFTER 1,990
advertising, and sale ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN A 1,991
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND, SUBJECT TO 1,992
THE RIGHT OF THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN 1,993
AWARD TO A RESPONSIBLE BIDDER WHOSE PROPOSAL IS DETERMINED BY THE 1,994
BOARD TO BE IN THE BEST INTERESTS OF THE COUNTY AND THE USERS OF 1,995
THE FACILITIES.
(B) A CONVEYANCE OF WATER SUPPLY FACILITIES BY A COUNTY TO 1,997
A MUNICIPAL CORPORATION, IN ACCORDANCE WITH DIVISION (B) OF 1,998
SECTION 6103.04 OF THE REVISED CODE, MAY BE MADE WITHOUT REGARD 1,999
TO DIVISION (A) OF THIS SECTION. 2,000
Sec. 6117.01. (A) AS USED IN THIS CHAPTER: 2,009
(1) "SANITARY FACILITIES" MEANS SANITARY SEWERS, FORCE 2,011
MAINS, LIFT OR PUMPING STATIONS, AND FACILITIES FOR THE 2,012
TREATMENT, DISPOSAL, IMPOUNDMENT, OR STORAGE OF WASTES; EQUIPMENT 2,013
AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY 2,014
REAL ESTATE AND INTERESTS IN REAL ESTATE.
(2) "DRAINAGE" OR "WATERS" MEANS FLOWS FROM RAINFALL OR 2,016
OTHERWISE PRODUCED BY, OR RESULTING FROM, THE ELEMENTS, STORM 2,017
WATER DISCHARGES AND RELEASES OR MIGRATIONS OF WATERS FROM 2,018
PROPERTIES, ACCUMULATIONS, FLOWS, AND OVERFLOWS OF WATER, 2,019
INCLUDING ACCELERATED FLOWS AND RUNOFFS, FLOODING AND THREATS OF
FLOODING OF PROPERTIES AND STRUCTURES, AND OTHER SURFACE AND 2,020
SUBSURFACE DRAINAGE. 2,021
(3) "DRAINAGE FACILITIES" MEANS STORM SEWERS, FORCE MAINS, 2,023
PUMPING STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL, 2,024
IMPOUNDMENT, RETENTION, CONTROL, OR STORAGE OF WATERS; 2,025
IMPROVEMENTS OF OR FOR ANY CHANNEL, DITCH, DRAIN, FLOODWAY, OR 2,026
WATERCOURSE, INCLUDING LOCATION, CONSTRUCTION, RECONSTRUCTION, 2,027
RECONDITIONING, WIDENING, DEEPENING, CLEANING, REMOVAL OF
43
OBSTRUCTIONS, STRAIGHTENING, BOXING, CULVERTING, TILING, FILLING, 2,028
WALLING, ARCHING, OR CHANGE IN COURSE, LOCATION, OR TERMINUS; 2,029
IMPROVEMENTS OF OR FOR A RIVER, CREEK, OR RUN, INCLUDING 2,030
REINFORCEMENT OF BANKS, ENCLOSING, DEEPENING, WIDENING, 2,031
STRAIGHTENING, REMOVAL OF OBSTRUCTIONS, OR CHANGE IN COURSE, 2,032
LOCATION, OR TERMINUS; FACILITIES FOR THE PROTECTION OF LANDS 2,033
FROM THE OVERFLOW OF WATER, INCLUDING A LEVEE, WALL, EMBANKMENT,
JETTY, DIKE, DAM, SLUICE, REVETMENT, RESERVOIR, RETENTION OR 2,034
HOLDING BASIN, CONTROL GATE, OR BREAKWATER; FACILITIES FOR 2,035
CONTROLLED DRAINAGE, REGULATION OF STREAM FLOW, AND PROTECTION OF 2,036
AN OUTLET; THE VACATION OF A DITCH OR DRAIN; EQUIPMENT AND 2,037
FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY REAL
ESTATE AND INTERESTS IN REAL ESTATE. 2,038
(4) "COUNTY SANITARY ENGINEER" MEANS THE REGISTERED 2,040
PROFESSIONAL ENGINEER EMPLOYED OR APPOINTED BY THE BOARD AS 2,041
PROVIDED IN DIVISION (C) OF THIS SECTION. 2,042
(5) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 2,044
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 2,045
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 2,046
(6) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 2,048
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 2,049
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF SANITARY OR 2,050
DRAINAGE FACILITIES, BUT DOES NOT INCLUDE ANY REPAIRS, 2,051
REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND
QUALIFY AS PERMANENT IMPROVEMENTS. 2,052
(7) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 2,054
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 2,055
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 2,056
TO RESTORE SANITARY OR DRAINAGE FACILITIES TO, OR TO CONTINUE 2,057
SANITARY OR DRAINAGE FACILITIES IN, GOOD ORDER AND WORKING 2,058
CONDITION, BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT
IMPROVEMENTS. 2,059
(8) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 2,061
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 2,062
44
CORPORATION, OR OTHER SUBDIVISION.
(B) For the purpose of preserving and promoting the public 2,065
health and welfare, boards A BOARD of county commissioners may by 2,067
resolution lay out, establish, CONSOLIDATE, OR OTHERWISE MODIFY
THE BOUNDARIES OF, and maintain, one or more sewer districts 2,069
within their respective counties, THE COUNTY AND outside of 2,070
municipal corporations, and may have a registered professional 2,071
engineer make such THE surveys as are necessary for the 2,072
determination of the proper boundaries of such EACH district. 2,074
Each district, WHICH shall be designated by an appropriate name 2,076
or number. Any THE board may acquire, construct, maintain, and 2,077
operate such main, branch, intercepting, or local sewer, or 2,078
ditch, channel, or interceptor for the temporary retention of 2,079
storm water, within any such district, and such outlet sewer and 2,080
sewage treatment or disposal works within or without such 2,081
district, as are necessary to care for and conduct the sewage or 2,082
surface water from any part of such district to a proper outlet, 2,083
so as to properly treat or dispose of same. Any such SANITARY OR 2,085
DRAINAGE FACILITIES THAT IT DETERMINES TO BE NECESSARY OR
APPROPRIATE FOR THE COLLECTION OF SEWAGE AND OTHER WASTES 2,086
ORIGINATING IN OR ENTERING THE DISTRICT, TO COMPLY WITH THE 2,087
PROVISIONS OF A CONTRACT ENTERED INTO FOR THE PURPOSES DESCRIBED 2,089
IN SECTIONS 6117.41 TO 6117.44 OF THE REVISED CODE AND PURSUANT
TO THOSE SECTIONS OR OTHER APPLICABLE PROVISIONS OF LAW, OR FOR 2,090
THE COLLECTION, CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR 2,091
ACCUMULATING IN, OR FLOWING IN, INTO, OR THROUGH, THE DISTRICT, 2,092
AND OTHER SANITARY OR DRAINAGE FACILITIES, WITHIN OR OUTSIDE OF 2,093
THE DISTRICT, THAT IT DETERMINES TO BE NECESSARY OR APPROPRIATE 2,094
TO CONDUCT THE WASTES AND WATERS TO A PROPER OUTLET AND TO
PROVIDE FOR THEIR PROPER TREATMENT, DISPOSAL, AND DISPOSITION. 2,095
THE BOARD MAY PROVIDE FOR THE PROTECTION OF THE SANITARY AND 2,096
DRAINAGE FACILITIES AND MAY NEGOTIATE AND ENTER INTO A CONTRACT 2,097
WITH ANY PUBLIC AGENCY OR PERSON FOR THE MANAGEMENT, MAINTENANCE, 2,098
OPERATION, AND REPAIR OF ANY OF THE FACILITIES ON BEHALF OF THE
45
COUNTY UPON THE TERMS AND CONDITIONS THAT MAY BE AGREED UPON WITH 2,099
THE AGENCY OR PERSON AND THAT MAY BE DETERMINED BY THE BOARD TO 2,101
BE IN THE BEST INTERESTS OF THE COUNTY. BY CONTRACT WITH ANY 2,102
PUBLIC AGENCY OR PERSON OPERATING SANITARY OR DRAINAGE FACILITIES 2,104
WITHIN OR OUTSIDE OF THE COUNTY, THE BOARD MAY PROVIDE A PROPER 2,105
OUTLET FOR ANY OF THE WASTES AND WATERS AND FOR THEIR PROPER 2,106
TREATMENT, DISPOSAL, AND DISPOSITION. 2,107
(C) THE board OF COUNTY COMMISSIONERS may employ a 2,110
registered professional engineer for such THE time and on such 2,111
THE terms as it deems CONSIDERS best, and may authorize such THE 2,113
registered professional engineer to employ necessary assistants 2,115
upon such THE terms as are fixed by said THE board. The board 2,117
may create and maintain a sanitary engineering department, to be 2,118
under its supervision and in charge of a registered professional 2,119
engineer, to be appointed by such THE board, for the purpose of 2,121
aiding it in the performance of its duties under sections 6117.01 2,122
to 6117.45 THIS CHAPTER AND CHAPTER 6103. of the Revised Code, or 2,123
its other duties regarding sanitation, DRAINAGE, AND WATER SUPPLY 2,124
provided by law. Said THE board shall provide suitable rooms 2,126
FACILITIES for the use of such THE department and shall provide 2,129
for and pay the compensation of such THE registered professional 2,131
engineer and all necessary expenses of such THE registered 2,132
professional engineer and department which are authorized by such 2,133
THE board. Any such registered professional engineer in charge 2,135
of such THE department, with the approval of the board, may 2,137
appoint necessary assistants and clerks, and the compensation of 2,138
any such THOSE assistants and clerks shall be fixed PROVIDED FOR 2,139
and paid by such THE board. The 2,140
(D) THE board OF COUNTY COMMISSIONERS may adopt, publish, 2,143
administer, and enforce rules for the construction, maintenance, 2,144
protection, and use of sewers COUNTY-OWNED OR COUNTY-OPERATED 2,145
SANITARY and sewer improvements in its county DRAINAGE FACILITIES 2,146
outside of municipal corporations, and of sewers SANITARY and 2,148
sewer improvements DRAINAGE FACILITIES within municipal 2,150
46
corporations in its county wherever such sewers THAT are 2,152
constructed OWNED or operated by such board THE COUNTY or THAT 2,153
discharge into sewers or sewage treatment plants constructed 2,154
SANITARY OR DRAINAGE FACILITIES OWNED or operated by such board 2,156
THE COUNTY, including, BUT NOT LIMITED TO, RULES FOR the 2,157
establishment and use of ANY connections, THE TERMINATION IN 2,158
ACCORDANCE WITH REASONABLE PROCEDURES OF SANITARY SERVICE FOR THE 2,159
NONPAYMENT OF COUNTY SANITARY RATES AND CHARGES AND, IF SO
DETERMINED, THE CONCURRENT TERMINATION OF ANY COUNTY WATER 2,160
SERVICE FOR THE NONPAYMENT OF THOSE RATES AND CHARGES, THE 2,161
TERMINATION IN ACCORDANCE WITH REASONABLE PROCEDURES OF DRAINAGE 2,162
SERVICE FOR THE NONPAYMENT OF COUNTY DRAINAGE RATES AND CHARGES, 2,163
AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT
CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY SANITARY OR 2,164
DRAINAGE RATES AND CHARGES. Such THE rules shall not be 2,167
inconsistent with the laws of this state or the ANY APPLICABLE 2,168
rules of the director of environmental protection. No sewers or 2,170
sewage treatment works
(E) NO SANITARY OR DRAINAGE FACILITIES shall be 2,172
constructed in any county outside of municipal corporations by 2,174
any person, firm, or corporation until the plans and 2,175
specifications for the same have been approved by the board OF 2,176
COUNTY COMMISSIONERS, and any such construction shall be done 2,178
under the supervision of the county sanitary engineer. Any
person, firm, or corporation proposing or constructing such 2,179
improvements THE FACILITIES shall pay to the county all expenses 2,180
incurred by the board in connection therewith WITH THE 2,182
CONSTRUCTION. The
(F) THE county sanitary engineer OR THE COUNTY SANITARY 2,184
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 2,185
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 2,186
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR IS MAILED 2,187
AT LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 2,188
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 2,189
47
private property for the purpose of making, AND MAY MAKE, surveys 2,190
or examinations INSPECTIONS necessary for the laying out of sewer 2,192
districts or designing sewers or treatment works, and may make 2,193
such surveys and examinations THE DESIGN OR EVALUATION OF COUNTY
SANITARY OR DRAINAGE FACILITIES. THIS ENTRY IS NOT A TRESPASS 2,194
AND IS NOT TO BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY 2,195
APPROPRIATION OF PROPERTY PROCEEDINGS UNDER SECTIONS 163.01 TO 2,196
163.22 OF THE REVISED CODE THAT MAY BE PENDING. No person, firm, 2,197
or corporation PUBLIC AGENCY shall forbid or interfere with the 2,199
county sanitary engineer or his THE COUNTY SANITARY ENGINEER'S 2,200
authorized assistants entering OR AGENTS TO ENTER, OR INTERFERE 2,202
WITH THEIR ENTRY, upon such THE property for such THAT purpose or 2,204
FORBID OR INTERFERE WITH THEIR making such OF surveys or 2,205
examinations INSPECTIONS. If actual damage is done to property 2,206
by the making of such THE surveys and examinations INSPECTIONS, 2,208
the board shall pay the reasonable value of such THE damage to 2,210
the PROPERTY owner of the property damaged, and such THE cost 2,211
shall be included in the assessment upon the property benefited 2,212
by the improvement for which such surveys and examinations are 2,213
made COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL 2,214
ASSESSMENTS TO BE LEVIED AND COLLECTED TO PAY THAT COST. 2,216
Sec. 6117.011. Boards A BOARD of county commissioners IN 2,225
THE MANNER PROVIDED IN THIS SECTION may make surveys of water 2,227
works or sewerage systems SUPPLY, SANITARY, OR DRAINAGE
FACILITIES for any sewer district, the ACQUISITION OR 2,228
construction, improvement, enlargement, or repair of which is 2,229
contemplated, and they may proceed in the manner provided in this 2,231
section.
Any board desiring to make such a survey shall adopt a 2,233
resolution declaring the ITS purpose and necessity therefor. In 2,235
making such THE surveys, such THE board may call upon engineering 2,237
officers or employees regularly employed by the board, or may 2,238
authorize and enter into contracts for the services of registered 2,240
professional engineers to make such THE surveys.
48
The surveys authorized by this section may include 2,242
drawings, plans, specifications, estimates of cost of labor and 2,243
materials, and other items of cost, assessment rolls, and such 2,244
other facts, material, data, reports, and other information and 2,246
recommendations as THAT the board deems CONSIDERS advisable or 2,248
necessary for the planning and construction of the improvement 2,249
proposed or the enlargement, improvement, replacement, or repair 2,250
of an existing improvement PURPOSE. 2,251
Agreements CONTRACTS entered into for such THE surveys 2,254
shall be deemed CONSIDERED contracts for professional services 2,255
and may provide for preliminary surveys or the making of detailed 2,256
plans, or both, and may also MAY provide for engineer- 2,257
ENGINEERING supervision of the work. No such contract shall be 2,259
valid unless one or more of the services to be performed 2,260
thereunder are by its terms to be commenced within one year after 2,261
the contract date.
Such THE contracts shall be executed in triplicate and 2,263
shall be signed by AT LEAST TWO MEMBERS OF the board and by the 2,265
engineer agreeing to perform such THE service, and one SIGNED 2,267
copy thereof OF THE CONTRACT shall be filed with the fiscal 2,268
officer of the county, whose certificate as provided in, 2,269
OTHERWISE REQUIRED BY section 5705.41 of the Revised Code shall, 2,271
NEED not be required PROVIDED. Payment therefor FOR THE 2,273
CONTRACTS may be made from the general fund or any other fund 2,274
legally available for such THAT use at such THE times as THAT are 2,276
agreed upon or as determined by the board, and, where bonds or 2,277
notes are sold. THE PROCEEDS OF ANY PUBLIC OBLIGATIONS ISSUED 2,278
PURSUANT TO SECTION 6119.36 OF THE REVISED CODE OR ANY OTHER 2,279
PUBLIC OBLIGATIONS ISSUED OR INCURRED to pay the cost of work 2,280
FACILITIES to which such A survey related, such funds RELATES may 2,282
be used to pay any part of the consideration COST under such 2,284
contract THE CONTRACTS or to reimburse the fund from which
payment was made. 2,286
Sec. 6117.02. (A) The board of county commissioners shall 2,295
49
fix reasonable rates to be charged, INCLUDING PENALTIES FOR LATE 2,297
PAYMENTS, for the use, OR THE AVAILABILITY FOR USE, of the sewers 2,298
or sewerage treatment or disposal works referred to in section 2,299
6117.01 of the Revised Code SANITARY FACILITIES OF A SEWER 2,300
DISTRICT TO BE PAID by every person, firm, or corporation AND 2,301
PUBLIC AGENCY whose premises are served, OR CAPABLE OF BEING 2,303
SERVED, by a connection DIRECTLY OR INDIRECTLY to such sewers or 2,305
sewerage treatment or disposal works THOSE FACILITIES when such 2,306
sewers or sewerage treatment or disposal works THOSE FACILITIES 2,308
are owned or operated by the county, and may change such THE 2,310
rates FROM TIME TO TIME as it deems CONSIDERS advisable. Such 2,311
rates shall be at least sufficient to pay all the cost of 2,312
operation and maintenance of improvements for which the 2,313
resolution declaring the necessity thereof shall be passed after 2,314
July 1, 1958 and may include, upon billing, additional amounts 2,315
attributable to connection charges being paid in installments. 2,316
When the sewerage treatment or disposal works is SANITARY 2,317
FACILITIES TO BE USED BY THE COUNTY ARE owned by a municipal 2,318
corporation ANOTHER PUBLIC AGENCY or any person, firm, or private 2,320
corporation the schedule of rates to be charged by such municipal 2,322
corporation, THE PUBLIC AGENCY OR person, firm, or private 2,324
corporation for the use of such THE facilities BY THE COUNTY, OR 2,325
THE FORMULA OR OTHER PROCEDURE FOR THEIR DETERMINATION, shall be 2,326
ratified APPROVED by the board at the time any IT ENTERS INTO A 2,328
contract is entered into for such THAT use. The 2,329
(B) THE board shall also SHALL establish reasonable 2,332
charges to be collected for the privilege of connecting to the 2,333
sewers or sewerage treatment of disposal works SANITARY 2,334
FACILITIES of the district, with the requirement that, prior to 2,337
such THE connection, such THE charges shall either be paid in 2,339
full, or, if determined BY THE BOARD to be equitable by the board 2,341
in its A resolution providing for RELATING TO the payment of such 2,342
THE charges, provision deemed CONSIDERED adequate by the board 2,343
shall be made for THEIR payment in installments at such THE times 2,345
50
and, in such THE amounts, and with such THE security, carrying 2,348
charges, or AND penalties as may be found by the board in such 2,350
THAT resolution to be fair and appropriate, and no. NO PUBLIC 2,352
AGENCY OR person shall be permitted to connect to the sewers or 2,353
sewerage treatment or disposal works of the district THOSE 2,354
FACILITIES until such THE charges have been paid in full, or 2,356
until such provision for THEIR payment in installments has been 2,358
made. If THE connection charges are to be paid in installments, 2,359
the board shall certify to the county auditor information 2,360
sufficient to identify each parcel of property served by the A 2,361
connection AND, WITH RESPECT TO EACH PARCEL, the total of the 2,362
charges to be paid in installments, the amount of each 2,363
installment, and the total number of installments to be paid. 2,364
The auditor shall record AND MAINTAIN the information supplied in 2,365
the sewer improvement record PROVIDED FOR IN SECTION 6117.33 OF 2,366
THE REVISED CODE until the connection charges are paid in full. 2,368
When THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 2,369
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 2,370
CHARGES FOR THE USE OF SANITARY FACILITIES.
(C) WHEN any rents OF THE SANITARY RATES or charges are 2,373
not paid when due, the board shall certify the same MAY DO ANY OR 2,374
ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, together with any 2,377
penalties, to the county auditor, who shall place them upon the 2,378
real property tax list and duplicate against the property served 2,379
by such THE connection. Such rents and charges THE CERTIFIED 2,380
AMOUNT shall be a lien on such THE property from the date the 2,381
same are placed upon ON the real property tax list and duplicate 2,383
by the auditor and shall be collected in the same manner as other 2,385
taxes, EXCEPT THAT, NOTWITHSTANDING SECTION 323.15 OF THE REVISED 2,387
CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT AMOUNT 2,388
WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE
UNPAID SANITARY RATES OR CHARGES AND ASSOCIATED PENALTIES. THE 2,389
LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF THE 2,390
51
CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,392
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,393
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,394
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,395
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,397
SANITARY SERVICE TO THE PARTICULAR PROPERTY AND, IF SO 2,398
DETERMINED, ANY COUNTY WATER SERVICE TO THAT PROPERTY, UNLESS AND 2,399
UNTIL THE UNPAID SANITARY RATES OR CHARGES, TOGETHER WITH ANY 2,400
PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,402
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,403
SANITARY RATES AND CHARGES FOR SERVICE TO THE PARTICULAR 2,404
PROPERTY. All
ALL moneys collected as rents for use of such sewers or 2,407
sewerage treatment or disposal works or as connection SANITARY 2,408
RATES, charges in, OR PENALTIES FIXED OR ESTABLISHED IN 2,409
ACCORDANCE WITH DIVISIONS (A) AND (B) OF THIS SECTION FOR any 2,410
sewer district shall be paid to the county treasurer and kept in 2,411
a separate and distinct SANITARY fund ESTABLISHED BY THE BOARD to 2,412
the credit of such THE district. Except as otherwise provided in 2,415
any resolution PROCEEDINGS authorizing or providing for the 2,417
security FOR and payment of any bonds outstanding on July 1, 2,418
1958, or thereafter issued PUBLIC OBLIGATIONS, or in any
indenture or trust OR OTHER agreement securing such bonds PUBLIC 2,420
OBLIGATIONS, such MONEYS IN THE SANITARY fund shall be used 2,422
APPLIED first for TO the payment of the cost of the management, 2,423
maintenance, and operation of the sewers of the district and 2,425
sewerage treatment or disposal works SANITARY FACILITIES OF, OR 2,426
used by OR OPERATED FOR, the district, which cost may include THE 2,429
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,430
USE OF SANITARY FACILITIES AND, in accordance with a cost 2,431
allocation plan adopted under division (B)(E) of this section, 2,433
52
payment of all allowable direct and indirect costs of the 2,435
district, the COUNTY sanitary engineer or sanitary engineering 2,437
department, or a federal or state grant program, incurred for the 2,438
SANITARY purposes of UNDER this chapter;, and shall be used 2,439
APPLIED second for TO the payment of interest or principal of 2,440
DEBT CHARGES PAYABLE ON any outstanding debt PUBLIC OBLIGATIONS 2,442
ISSUED OR incurred for the ACQUISITION OR construction of such 2,443
sewers or sewerage treatment or disposal works SANITARY 2,444
FACILITIES FOR OR SERVING THE DISTRICT, or for the creation 2,445
FUNDING of a sinking BOND RETIREMENT OR OTHER fund ESTABLISHED 2,446
for the payment of such debt OR SECURITY FOR THE OBLIGATIONS. 2,447
Any surplus thereafter remaining in such fund may be used for 2,449
APPLIED TO the enlargement, extension or replacement ACQUISITION 2,451
OR CONSTRUCTION of such sewers and sewerage treatment or disposal 2,453
works THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE 2,454
MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF 2,455
THOSE FACILITIES UNDER COOPERATIVE CONTRACTS. Money so collected 2,456
MONEYS IN THE SANITARY FUND shall not be expended otherwise OTHER 2,457
than for the use and benefit of such THE district. No provision 2,459
of this section shall limit or restrict the power and discretion 2,460
of the board to determine how much of the cost of such 2,461
improvements shall be borne by the county at large and how much 2,462
shall be specially assessed upon benefited properties, nor the 2,463
power to issue notes and bonds for the share to be borne by the 2,464
county and in anticipation of the levy or collection of special 2,465
assessments for the share to be specially assessed, nor the power 2,466
of the board to levy special assessments upon benefited
properties for operation and maintenance whenever the rents and 2,467
other funds available are not sufficient to pay all the cost 2,468
thereof. 2,469
(B)(D) THE BOARD MAY FIX REASONABLE RATES AND CHARGES, 2,471
INCLUDING CONNECTION CHARGES AND PENALTIES FOR LATE PAYMENTS, TO 2,472
BE PAID BY ANY PERSON OR PUBLIC AGENCY OWNING OR HAVING 2,473
POSSESSION OR CONTROL OF ANY PROPERTIES THAT ARE CONNECTED WITH, 2,474
53
CAPABLE OF BEING SERVED BY, OR OTHERWISE SERVED DIRECTLY OR 2,475
INDIRECTLY BY, DRAINAGE FACILITIES OWNED OR OPERATED BY OR UNDER 2,476
THE JURISDICTION OF THE COUNTY, INCLUDING, BUT NOT LIMITED TO, 2,477
PROPERTIES REQUIRING, OR LYING WITHIN AN AREA OF THE DISTRICT 2,478
REQUIRING, IN THE JUDGMENT OF THE BOARD, THE COLLECTION, CONTROL, 2,480
OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING
IN, INTO, OR THROUGH, THE DISTRICT, AND MAY CHANGE THOSE RATES 2,481
AND CHARGES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. THE 2,482
RATES AND CHARGES SHALL BE PAYABLE PERIODICALLY AS DETERMINED BY 2,483
THE BOARD, EXCEPT THAT ANY CONNECTION CHARGES SHALL BE PAID IN 2,484
FULL IN ONE PAYMENT, OR, IF DETERMINED BY THE BOARD TO BE 2,485
EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THOSE
CHARGES, PROVISION CONSIDERED ADEQUATE BY THE BOARD SHALL BE MADE 2,486
FOR THEIR PAYMENT IN INSTALLMENTS AT THE TIMES, IN THE AMOUNTS, 2,487
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 2,488
FOUND BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND APPROPRIATE. 2,489
THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES 2,490
BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND CHARGES 2,491
FOR THE SERVICES PROVIDED BY THE DRAINAGE FACILITIES.
WHEN ANY OF THE DRAINAGE RATES OR CHARGES ARE NOT PAID WHEN 2,493
DUE, THE BOARD MAY DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS 2,494
APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,496
PENALTIES, TO THE COUNTY AUDITOR, WHO SHALL PLACE THEM UPON THE 2,497
REAL PROPERTY TAX LIST AND DUPLICATE AGAINST THE PROPERTY TO 2,498
WHICH THE RATES OR CHARGES APPLY. THE CERTIFIED AMOUNT SHALL BE 2,499
A LIEN ON THE PROPERTY FROM THE DATE PLACED ON THE REAL PROPERTY 2,500
TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN THE SAME MANNER
AS TAXES, EXCEPT THAT NOTWITHSTANDING SECTION 323.15 OF THE 2,501
REVISED CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT 2,502
AMOUNT WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF 2,503
THE UNPAID DRAINAGE RATES OR CHARGES AND ASSOCIATED PENALTIES. 2,504
THE LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF 2,505
THE CERTIFIED AMOUNT.
54
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,507
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,508
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,509
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,510
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,512
DRAINAGE SERVICE FOR THE PARTICULAR PROPERTY UNTIL THE UNPAID 2,513
RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN FULL; 2,514
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,516
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,517
DRAINAGE RATES AND CHARGES APPLICABLE TO THE PARTICULAR PROPERTY. 2,518
ALL MONEYS COLLECTED AS DRAINAGE RATES, CHARGES, OR 2,520
PENALTIES IN OR FOR ANY SEWER DISTRICT SHALL BE PAID TO THE 2,521
COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT DRAINAGE 2,522
FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE DISTRICT. 2,523
EXCEPT AS OTHERWISE PROVIDED IN ANY PROCEEDINGS AUTHORIZING OR
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF ANY PUBLIC 2,524
OBLIGATIONS, OR IN ANY INDENTURE OR TRUST OR OTHER AGREEMENT 2,525
SECURING PUBLIC OBLIGATIONS, MONEYS IN THE DRAINAGE FUND SHALL BE 2,526
APPLIED FIRST TO THE PAYMENT OF THE COST OF THE MANAGEMENT, 2,527
MAINTENANCE, AND OPERATION OF THE DRAINAGE FACILITIES OF, OR USED
OR OPERATED FOR, THE DISTRICT, WHICH COST MAY INCLUDE THE 2,528
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS 2,529
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,530
USE OF DRAINAGE FACILITIES AND, IN ACCORDANCE WITH A COST 2,531
ALLOCATION PLAN ADOPTED UNDER DIVISION (E) OF THIS SECTION, 2,532
PAYMENT OF ALL ALLOWABLE DIRECT AND INDIRECT COSTS OF THE
DISTRICT, THE COUNTY SANITARY ENGINEER OR SANITARY ENGINEERING 2,533
DEPARTMENT, OR A FEDERAL OR STATE GRANT PROGRAM, INCURRED FOR 2,534
DRAINAGE PURPOSES UNDER THIS CHAPTER, AND SHALL BE APPLIED SECOND 2,535
TO THE PAYMENT OF DEBT CHARGES PAYABLE ON ANY OUTSTANDING PUBLIC 2,536
OBLIGATIONS ISSUED OR INCURRED FOR THE ACQUISITION OR
CONSTRUCTION OF DRAINAGE FACILITIES FOR OR SERVING THE DISTRICT, 2,537
OR FOR THE FUNDING OF A BOND RETIREMENT OR OTHER FUND ESTABLISHED 2,538
FOR THE PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. ANY SURPLUS 2,539
55
REMAINING MAY BE APPLIED TO THE ACQUISITION OR CONSTRUCTION OF 2,540
THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE MADE, 2,541
OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF THOSE 2,542
FACILITIES UNDER COOPERATIVE CONTRACTS. MONEYS IN THE DRAINAGE 2,543
FUND SHALL NOT BE EXPENDED OTHER THAN FOR THE USE AND BENEFIT OF
THE DISTRICT. 2,544
(E) A board of county commissioners may adopt a cost 2,546
allocation plan that identifies, accumulates, and distributes 2,547
allowable direct and indirect costs that may be paid from EACH OF 2,548
the fund FUNDS of the district created in division (A) PURSUANT 2,550
TO DIVISIONS (C) AND (D) of this section, and THAT prescribes 2,552
methods for allocating those costs. The plan shall authorize 2,553
payment from the fund for EACH OF THOSE FUNDS OF only those costs 2,554
incurred by the district, the COUNTY sanitary engineer or 2,555
sanitary engineering department, or a federal or state grant 2,556
program, and those costs incurred by the general and other funds 2,557
of the county for a common or joint purpose, that are necessary 2,558
and reasonable for the proper and efficient administration of the 2,559
district under this chapter AND PROPERLY ATTRIBUTABLE TO THE 2,560
PARTICULAR FUND OF THE DISTRICT. The plan shall not authorize 2,561
payment from EITHER OF the fund FUNDS of any general government 2,563
expense required to carry out the overall governmental 2,564
responsibilities of a county. The plan shall conform to United 2,565
States office of management and budget Circular A-87, "Cost 2,566
Principles for State and, Local, AND INDIAN TRIBAL Governments," 2,567
published January 15 MAY 17, 1983 1995. 2,569
Sec. 6117.04. The authority of the A board of county 2,578
commissioners to provide sewer improvements and to ACQUIRE, 2,579
CONSTRUCT, maintain, and operate the same within SANITARY OR 2,581
DRAINAGE FACILITIES FOR A COUNTY sewer districts which include a 2,583
part or all of DISTRICT IN the territory within one or more OF A 2,585
municipal corporations CORPORATION, OR A REGIONAL DISTRICT 2,586
ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, THAT IS IN 2,587
WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT is the same as 2,589
56
provided by law within districts WITH RESPECT TO TERRITORY WITHIN 2,590
A COUNTY SEWER DISTRICT THAT IS wholly outside of A municipal 2,592
corporations, including the levying of assessments. Such 2,593
authority shall be limited to main works only, and does not
include CORPORATION OR A REGIONAL DISTRICT, SUBJECT TO THE 2,594
FOLLOWING IN THE CASE OF FACILITIES WITHIN A MUNICIPAL 2,595
CORPORATION:
(A) THE ACQUISITION, construction and, maintenance, AND 2,598
OPERATION of lateral sewers for local service within such THE 2,600
FACILITIES SHALL FIRST BE AUTHORIZED BY AN ORDINANCE OR 2,601
RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE municipal
corporation. All 2,602
(B) ALL road surfaces, curbs, sidewalks, sewers, water 2,605
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 2,606
THAT MAY BE disturbed or damaged by such THE construction OF THE 2,607
FACILITIES shall be REPLACED OR restored to their original 2,609
condition within a reasonable time by the board COUNTY, and the 2,611
cost thereof shall be TREATED AS a part of the cost of such 2,612
improvement. After such main works are constructed, such THE 2,613
FACILITIES. 2,614
(C) THE municipal corporation, WITH THE PRIOR APPROVAL OF 2,617
OR BY AGREEMENT WITH THE BOARD, may MAKE use OF the same as an 2,618
outlet for branch and local sewers constructed by it for the 2,620
service and use only of that part of the municipal corporation 2,621
which lies within the area assessed or to be assessed for the 2,622
cost of such main works, subject to such FACILITIES IN ACCORDANCE 2,623
WITH rules and regulations as are established by the board and 2,626
subject to all ANY APPLICABLE requirements of the director of 2,627
environmental protection. 2,628
At any time after a district is established comprising or 2,630
including a part or all of the territory within any municipal 2,631
corporation, its legislative authority may by ordinance or 2,632
resolution authorize the board to proceed with the construction 2,633
or the maintenance, repair, and operation of any sewer 2,634
57
improvement for local service within such municipal corporation. 2,635
After such authority has been granted, the board may proceed with 2,636
the construction or the maintenance and operation of said 2,637
improvements in the same manner as provided by law for 2,638
improvements in districts wholly outside of municipal 2,639
corporations, under the same restrictions as provided in this 2,640
section for main works. 2,641
Sec. 6117.05. (A) Whenever any portion of a sewer 2,650
district is incorporated as, or annexed to, a municipal 2,651
corporation, the area so incorporated or annexed shall remain 2,652
under the jurisdiction of the board of county commissioners for 2,653
sewerage purposes, OF THE ACQUISITION AND CONSTRUCTION OF 2,654
SANITARY AND DRAINAGE FACILITY IMPROVEMENTS until all sewerage OF 2,655
THOSE improvements for said THE area for which detailed plans 2,657
have been prepared and the A resolution declaring the necessity 2,658
thereof DESCRIBED IN DIVISION (A) OR (E) OF SECTION 6117.06 OF 2,659
THE REVISED CODE has been adopted by the board have been ACQUIRED 2,662
OR completed, or until the board has abandoned such projects THE 2,664
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 2,665
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 2,666
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 2,667
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL SANITARY AND DRAINAGE 2,669
FACILITIES SO ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR 2,670
COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND 2,671
CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE FACILITIES. THE
incorporation or annexation of any part of a district shall not 2,673
interfere with or render illegal any issue of bonds or 2,674
certificate of indebtedness made AFFECT THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED by 2,675
the board COUNTY FOR PURPOSES OF THIS CHAPTER to provide for the 2,677
payment of the cost of ACQUISITION, construction and, 2,679
maintenance, OR OPERATION of any sewer improvement SANITARY OR 2,680
DRAINAGE FACILITIES within such THE area, or with THE VALIDITY OF 2,681
58
any assessments levied or to be levied upon the property 2,682
PROPERTIES within such THE area to provide for the payment of the 2,684
cost of ACQUISITION, construction and, maintenance, OR OPERATION 2,686
OF THE FACILITIES.
(B) ANY COMPLETED SANITARY OR DRAINAGE FACILITIES ACQUIRED 2,688
OR CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 2,689
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 2,690
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 2,691
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 2,692
PART OF THE FACILITIES THAT SERVE A MUNICIPAL CORPORATION OR SUCH 2,693
AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE BOARD 2,694
AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON
TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. UPON AND AFTER 2,696
THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN, 2,697
AND OPERATE THE FACILITIES IN ACCORDANCE WITH THE AGREEMENT. THE 2,699
BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR PART OF ANY 2,700
FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT. NEITHER
THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE 2,701
LEGALITY OR ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR 2,702
INCURRED, TO PROVIDE FOR THE PAYMENT OF THE COST OF THE 2,703
ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION OF THE 2,704
FACILITIES OR ANY PART OF THEM, SHALL BE AFFECTED BY THE
CONVEYANCE. 2,705
Sec. 6117.06. (A) After the establishment of any sewer 2,714
district, the board of county commissioners shall, IF A SANITARY 2,716
OR DRAINAGE FACILITY IMPROVEMENT IS TO BE UNDERTAKEN, MAY have 2,717
prepared by the county sanitary engineer PREPARE, OR OTHERWISE 2,719
CAUSE TO BE PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a 2,721
general plan of sewerage and sewage disposal for such district, 2,722
OR DRAINAGE THAT IS as complete IN EACH CASE as can be made 2,723
DEVELOPED at that THE time AND THAT IS DEVISED WITH REGARD TO ANY 2,724
EXISTING SANITARY OR DRAINAGE FACILITIES IN THE DISTRICT AND 2,725
PRESENT AS WELL AS PROSPECTIVE NEEDS FOR ADDITIONAL SANITARY OR 2,726
DRAINAGE FACILITIES IN THE DISTRICT. After such THE general 2,727
59
plan, IN ORIGINAL OR REVISED FORM, has been approved by the 2,728
board, it shall MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 2,729
IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN 2,731
ACCORDANCE WITH THE PARTICULAR PLAN, DECLARING THAT THE 2,732
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 2,733
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 2,734
PART OF THE COST OF THE IMPROVEMENT. 2,735
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 2,737
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 2,738
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 2,739
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 2,740
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 2,741
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 2,742
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 2,743
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 2,744
(E) OF THIS SECTION AND BY SECTIONS 6117.07 TO 6117.24 OF THE 2,745
REVISED CODE. THOSE PROCEDURES ARE REQUIRED ONLY FOR 2,746
IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE TO BE LEVIED AND 2,747
COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 2,749
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 2,750
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 2,751
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 2,752
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 2,753
have prepared by the COUNTY sanitary engineer PREPARE, OR 2,755
OTHERWISE CAUSE TO BE PREPARED, detailed plans, specifications, 2,756
and estimates AN ESTIMATE of cost of such parts of FOR the 2,757
improvement as it is necessary to then construct, together with a 2,758
tentative assessment of the cost based on such THE estimate. 2,759
Such THE tentative assessment shall be for the information of 2,761
property owners, and shall not be LEVIED OR certified to the 2,762
county auditor for collection. Such THE detailed plans, 2,764
60
specifications, estimates ESTIMATE of cost, and tentative 2,766
assessment, so prepared by the sanitary engineer and IF approved 2,768
by the board, shall be carefully preserved in the office of the 2,769
board or the COUNTY sanitary engineer and shall be open to THE 2,770
inspection of all persons interested in such THE improvement. 2,771
(B)(D) After THE BOARD'S approval of the detailed plans, 2,774
specifications, estimates ESTIMATE of cost, and tentative 2,775
assessment, and at least twenty-four days before adopting a 2,777
resolution as required by PURSUANT TO division (C)(E) of this 2,779
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 2,780
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 2,781
BE SENT a notice of its intent to consider or adopt a THE 2,783
resolution to each owner of property PROPOSED TO BE ASSESSED that 2,785
is listed on the records of the county auditor for current 2,787
agricultural use value taxation pursuant to section 5713.31 of 2,788
the Revised Code and that is not located in an agricultural 2,789
district established under section 929.02 of the Revised Code. 2,790
The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 2,792
(2) Specify the proposed date of the adoption of the 2,794
resolution; 2,795
(3) Contain a statement that the project IMPROVEMENT will 2,797
be financed in whole or in part by special assessments and that 2,799
all owners of property PROPERTIES not located in an agricultural 2,800
district established pursuant to section 929.02 of the Revised 2,802
Code may be subject to a special assessment; and 2,803
(4) Contain a statement that an agricultural district may 2,805
be established by filing an application with the county auditor. 2,806
If it appears, by the return of the mailed notices or by 2,808
other means, that one or more of the AFFECTED owners of property 2,810
cannot be found or are not served by the mailed notice, the board 2,811
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 2,812
newspaper of general circulation within IN the county not later 2,814
than ten days before the adoption of the resolution. 2,815
61
(C)(E) After complying with divisions (A), (C), and (B)(D) 2,818
of this section, the board shall MAY adopt a resolution declaring 2,819
that such THE improvement, describing the same WHICH SHALL BE 2,821
DESCRIBED AS TO ITS NATURE and the ITS location, route, and 2,822
termini thereof, is necessary for the preservation and promotion 2,823
of THE public health and welfare, referring to the plans, 2,824
specifications, estimates ESTIMATE of cost, and tentative 2,825
assessments ASSESSMENT, stating the place where they are on file 2,827
and may be examined, and what part of PROVIDING THAT the ENTIRE 2,828
cost OR A LESSER DESIGNATED PART OF THE COST will be paid by the 2,829
county at large and what part will be specially assessed against 2,831
the benefited property PROPERTIES within the district AND THAT 2,832
ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 2,833
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 2,835
description of the boundaries of that part of the district to be 2,836
assessed, and may include the estimated cost of maintaining the 2,837
improvement for one year. The resolution shall designate a time 2,838
and place, to be fixed by the board, when and where FOR
objections to the improvement, to the tentative assessment, or to 2,839
the boundaries of the assessment district will TO be heard by the 2,841
board. The date of such THAT hearing shall be not less than 2,842
twenty-four days after the date of the first publication of the 2,843
notice OF THE HEARING required by this section DIVISION. The 2,845
THE board shall publish CAUSE a notice of the hearing TO BE 2,849
PUBLISHED once a week for two consecutive weeks in a newspaper of 2,851
general circulation within IN the county, and on or before the 2,852
date of the second publication, IT shall send CAUSE TO BE SENT by 2,853
ordinary first class or certified mail a copy of the notice to 2,854
every owner of property to be assessed for such THE improvement 2,855
whose address is known. The 2,857
THE notice shall set forth the time and place of such THE 2,859
hearing, a summary description of the proposed improvement, 2,860
including its general route and termini, a summary description of 2,861
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 2,863
62
the place where the plans, specifications, estimates ESTIMATE of 2,864
cost, and tentative assessments ASSESSMENT are on file and may be 2,866
examined. The EACH MAILED notice shall also SHALL include a 2,867
statement that the property of the addressee will be assessed for 2,868
such THE improvement. THE NOTICE ALSO 2,869
Notice of such hearing shall be mailed SENT BY FIRST CLASS 2,871
OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND 2,872
PUBLICATION, to the clerk, OR TO THE OFFICIAL DISCHARGING THE 2,873
DUTIES OF A CLERK, of any municipal corporation any part of which 2,875
lies within the assessment district AND SHALL STATE WHETHER OR 2,876
NOT ANY PROPERTY BELONGING TO THE MUNICIPAL CORPORATION IS TO BE 2,877
ASSESSED AND, IF SO, SHALL IDENTIFY THAT PROPERTY. 2,878
A AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 2,881
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 2,883
the time and place fixed by such resolution and notice WHOSE 2,884
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 2,885
indorsements ENDORSEMENTS of the proposed improvement or the, ITS 2,886
character and termini thereof, the boundaries of the assessment 2,888
district, or the tentative assessment shall be received by the 2,889
board for a period of five days after the COMPLETION OF THE 2,890
hearing. No, AND NO action shall be taken by the board in the 2,892
matter until after such THAT period has elapsed. The minutes of 2,893
the hearing shall be entered on the journal of the board, showing 2,895
the persons who appear in person or by attorney. All, AND ALL 2,896
written objections shall be preserved and filed in the office of 2,898
the board.
Sec. 6117.08. After the passage ADOPTION of the A 2,907
resolution to proceed with an improvement as provided for in 2,909
section 6117.07 of the Revised Code, no further action THE 2,910
CONSTRUCTION OF THE IMPROVEMENT shall be taken or work done in 2,911
connection therewith DEFERRED until ten days have elapsed. If, 2,913
at the expiration of such THAT period, no appeal has been 2,914
effected by any property owner, as provided in sections 6117.09 2,916
63
to 6117.24, inclusive, of the Revised Code, the action of the 2,917
board OF COUNTY COMMISSIONERS shall be final, and the board may 2,919
proceed to issue and sell bonds or certificates of indebtedness 2,920
INCUR PUBLIC OBLIGATIONS and to construct such THE improvement. 2,921
If, at the end of THAT ten days, any owner of property to be 2,923
assessed or taxed for the improvement has effected such AN 2,924
appeal, then said work THE CONSTRUCTION OF THE IMPROVEMENT shall 2,926
not be proceeded with DEFERRED until the matters appealed from 2,927
have been disposed of in court. 2,928
Sec. 6117.23. The final judgment of the probate court may 2,937
be reviewed on appeal as in other cases. If AN appeal is 2,938
prosecuted from the judgment of the probate court as to the 2,939
question of necessity of the improvement, no action shall be 2,940
taken by the board of county commissioners in proceeding with THE 2,941
CONSTRUCTION OF the improvement SHALL BE DEFERRED until such THE 2,943
appeal is finally disposed of. If an appeal is prosecuted from 2,944
the judgment of the court as to the inclusion of any property in 2,945
the assessment district or as to the apportionment of the 2,946
tentative assessment, the board OF COUNTY COMMISSIONERS may 2,947
proceed with the CONSTRUCTION OF THE improvement in accordance 2,948
with the transcript of the probate court and shall thereafter 2,950
SHALL adjust such THOSE matters TO THE EXTENT NECESSARY in 2,951
accordance with the THEIR final adjudication in regard thereto. 2,953
Sec. 6117.251. (A) After the establishment of any COUNTY 2,962
sewer district, the board of county commissioners may determine 2,964
by resolution that it is necessary to provide sewer and sewage 2,965
disposal SANITARY OR DRAINAGE FACILITY improvements and to 2,967
maintain and operate the same IMPROVEMENTS within the sewer 2,969
district or a designated portion thereof and OF THE DISTRICT, 2,970
that such sewer and sewage disposal THE improvements, WHICH SHALL 2,971
BE generally described in such THE resolution, shall be 2,973
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 2,974
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 2,975
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS 2,976
64
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution, the 2,978
board of county commissioners shall give notice of the ITS 2,980
pendency thereof and of the proposed determination of the 2,982
necessity of the improvements therein generally described, which 2,983
IN THE RESOLUTION. THE notice shall set forth a description of 2,985
the properties to be benefited by the improvements and the time 2,986
and place of A hearing of objections to and endorsements of the 2,988
improvements. Such THE notice shall be given EITHER by 2,989
publication in a newspaper of general circulation IN THE COUNTY 2,990
once a week for two consecutive weeks, OR BY MAILING A COPY OF 2,992
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 2,993
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 2,994
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 2,995
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 2,997
date set for the hearing. At such THE hearing, or at any 2,998
adjournment thereof OF THE HEARING, of which no further published 3,000
OR MAILED notice need be given, the board of county commissioners 3,001
shall hear all persons whose properties are proposed to be 3,002
assessed, and such THE evidence as is deemed IT CONSIDERS to be 3,003
necessary, and shall. THE BOARD then SHALL determine the 3,005
necessity of the proposed improvement, IMPROVEMENTS and in 3,006
addition shall determine whether such THE improvements shall be 3,008
made by the board of county commissioners and, IF THEY ARE TO BE 3,009
MADE, shall direct the preparation of tentative assessments upon 3,011
the benefited properties and by whom they shall be prepared. 3,012
Thereupon in (C) IN order to obtain funds for the 3,014
preparation of a general OR REVISED GENERAL plan of sewers or 3,016
sewers and sewage disposal works SEWERAGE OR DRAINAGE for such 3,018
THE district or part thereof and OF THE DISTRICT, FOR THE 3,019
PREPARATION OF the detailed plans, specifications, estimates 3,020
ESTIMATE of cost, preparation of the AND tentative assessment FOR 3,022
THE PROPOSED IMPROVEMENTS, and FOR the cost of financing and 3,023
legal services incident to the preparation of all of such THOSE 3,024
65
plans and a plan of financing the proposed improvement 3,026
IMPROVEMENTS, the board of county commissioners may levy upon the 3,028
property PROPERTIES to be benefited in such THE district a 3,029
preliminary assessment apportioned according to benefits or to 3,030
tax valuation or partly by one method and partly by the other, 3,031
METHOD as the board of county commissioners may determine. Such 3,033
THE assessments shall be in the amount determined to be necessary 3,035
to obtain funds for such THE general and detailed plans and such 3,036
costs THE COST of financing and legal services and shall be 3,038
payable in such THE number of years as THAT the board of county 3,039
commissioners shall determine, not to exceed twenty years, 3,041
together with interest on any notes which PUBLIC OBLIGATIONS THAT 3,042
may be issued OR INCURRED in anticipation of the collection of 3,044
such THE assessments.
(D) The board of county commissioners shall have power at 3,046
any time to levy additional assessments according to benefits or 3,048
to tax valuation or partly by one method and partly by the other, 3,049
METHOD as the board of county commissioners may determine for 3,051
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 3,053
such THE BENEFITED properties to complete the payment of such THE 3,055
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 3,056
cost of any additional plans, specifications, estimates ESTIMATE 3,058
of cost, OR tentative assessments ASSESSMENT and the cost of 3,060
financing and legal services incident to the preparation of such 3,061
THOSE plans and such THE plan of financing, which additional 3,062
assessments shall be payable in such THE number of years as THAT 3,064
the legislative authority BOARD shall determine, not to exceed 3,065
twenty years, together with interest on any notes and bonds which 3,067
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 3,069
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 3,070
(E) Prior to the adoption of the A resolution levying such 3,073
THE assessments UNDER THIS SECTION, the board shall give at least 3,074
ten days' notice EITHER BY ONE PUBLICATION in one A newspaper of 3,076
general circulation in the county which shall state, OR BY
66
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 3,077
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 3,078
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 3,079
PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS 3,080
PRIOR TO the time and place when and where such DATE OF THE 3,082
MEETING AT WHICH THE resolution shall be taken up for 3,083
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 3,084
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 3,086
time and place OF THE MEETING, or at any adjournment thereof OF 3,087
THE MEETING, of which no further published OR MAILED notice need 3,088
be given, the board shall hear all persons whose properties are 3,089
proposed to be assessed, shall correct any errors and make any 3,090
revisions that appear to be necessary or just, and may then pass 3,091
MAY ADOPT a resolution levying upon the properties determined to 3,093
be benefited such THE assessments as so corrected and revised. 3,094
The assessments levied by such THE resolution shall be 3,096
certified to the county auditor for collection IN THE SAME MANNER 3,098
as other taxes in the year or years in which they are payable. 3,100
(F) Upon the adoption of such THE resolution DESCRIBED IN 3,103
DIVISION (E) OF THIS SECTION, no further action shall be taken or 3,105
work done until ten days have elapsed. If, at the expiration of 3,106
such THAT period, no appeal has been effected by any property 3,108
owner as herein provided IN THIS DIVISION, the action of the 3,109
board shall be final. If, at the end of THAT ten days, any owner 3,110
of property to be assessed for the improvement IMPROVEMENTS has 3,112
effected such an appeal then, no further action shall be taken 3,114
and no work done in connection with such THE improvements under 3,115
said THE resolution until the matters appealed from have been 3,117
disposed of in court.
Any owner of property to be assessed may appeal as provided 3,119
and upon the grounds stated in sections 6117.09 to 6117.24, 3,120
inclusive, of the Revised Code. 3,121
If no appeal has been perfected or if on appeal the 3,123
resolution of award of county commissioners THE BOARD is 3,124
67
sustained, the board of county commissioners may authorize AND 3,126
ENTER INTO contracts to carry out the purposes for which such THE 3,128
assessments have been levied without the prior issuance of notes, 3,130
provided that the payments due by the board of county 3,131
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 3,132
time in BY which such THE assessments shall ARE TO be collected. 3,134
The board of county commissioners shall also have power to MAY 3,135
issue and sell its bonds with a maximum maturity of twenty years 3,137
in anticipation of the collection of such THE assessments and may 3,138
issue its notes in anticipation of the issuance of such THE 3,140
bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 3,141
issued and sold as provided in Chapter 133. of the Revised Code. 3,143
Sec. 6117.28. Whenever the owners of all the lots and 3,152
lands to be benefited by, and to be assessed for, any sewer 3,153
SANITARY OR DRAINAGE FACILITY improvement or sewage treatment 3,155
works, provided for in sections 6117.01 to 6117.45, inclusive, of 3,156
the Revised Code THIS CHAPTER, by petition in writing, request 3,158
the board of county commissioners to provide for the ACQUISITION
OR construction, maintenance, and operation of any such 3,160
improvements THE IMPROVEMENT, describing the improvements desired 3,162
IMPROVEMENT and the lots and lands owned by them respectively to 3,163
be assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 3,164
maintenance, AND OPERATION of such improvements, THE IMPROVEMENT 3,166
and consenting that their said lots and lands may be assessed to 3,167
pay the cost of such improvements THE ACQUISITION OR CONSTRUCTION 3,168
OF THE IMPROVEMENT and of ITS maintenance and operation as 3,169
provided in such sections THIS CHAPTER, and waive notice and the 3,170
publication of all resolutions and legal notices provided for in 3,172
such sections OTHERWISE REQUIRED, the board shall MAY HAVE THE 3,175
COUNTY SANITARY ENGINEER prepare, OR OTHERWISE CAUSE TO BE 3,176
PREPARED, the necessary plans, specifications, and estimates 3,178
ESTIMATE of cost of THE ACQUISITION OR construction, maintenance, 3,179
and operation thereof, OF THE IMPROVEMENT and a tentative 3,180
assessment. When all the owners of the lots and lands to be 3,182
68
benefited by and assessed for the proposed improvements state, in 3,183
writing, that they have examined the estimated ESTIMATE OF cost 3,184
and tentative assessment as made by the county sanitary engineer, 3,187
that they have no objection thereto OBJECTIONS TO THEM, and that, 3,189
in case bonds are sold PROPOSED TO BE ISSUED prior to the 3,191
ACQUISITION OR construction of the improvements IMPROVEMENT, they 3,193
waive their right of OR option to pay the assessments in cash, 3,195
then the board shall MAY proceed, as provided in such sections, 3,197
THIS CHAPTER to cause such improvements THE IMPROVEMENT to be 3,198
ACQUIRED OR constructed and TO CAUSE provision to be made for the 3,200
payment of the cost of ITS ACQUISITION OR construction, 3,202
maintenance, and operation in accordance with such sections, 3,203
except that none of the notices or publications OTHERWISE 3,204
required by law need be made nor any GIVEN AND NO opportunity 3,205
NEED be given PROVIDED for THE filing of objections to the 3,207
improvement, ITS CHARACTER AND TERMINI, THE BOUNDARIES OF THE 3,208
ASSESSMENT DISTRICT, or to the TENTATIVE assessment or, if bonds 3,210
have been sold ARE ISSUED PRIOR TO THE ACQUISITION OR 3,211
CONSTRUCTION OF THE IMPROVEMENT, for paying the assessments in 3,212
cash. The board shall forthwith MAY proceed to authorize and 3,214
issue bonds or certificates INCUR PUBLIC OBLIGATIONS IN THE 3,216
REQUIRED AMOUNT, COMPLETE THE ACQUISITION OR CONSTRUCTION of 3,217
indebtedness THE IMPROVEMENT, and levy and collect the 3,218
assessments authorized in sections 6117.01 to 6117.40, inclusive, 3,220
of the Revised Code BY THIS CHAPTER. No person, firm, or 3,221
corporation may PUBLIC AGENCY SHALL HAVE THE RIGHT TO appeal from 3,222
any decision or action of the board in the matter except refusal 3,225
by the board to proceed with such THE improvement. The 3,226
THE tentative assessment provided for in this section shall 3,229
be for the information of property owners and shall not be LEVIED 3,230
OR certified to the county auditor for collection. On completion 3,232
of the work IMPROVEMENT, the ITS cost thereof shall be 3,233
determined, including incidental expense as defined in sections 3,235
6117.01 to 6117.40, inclusive, of the Revised Code, and a revised 3,237
69
assessment shall be prepared by the COUNTY sanitary engineer 3,238
SHALL PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, A REVISED 3,239
ASSESSMENT based on such THE actual cost and in substantially the 3,241
same proportion as the tentative assessment. The board shall 3,243
confirm such AND LEVY THE revised assessment and certify the same 3,245
IT to the COUNTY auditor for collection. 3,246
Sec. 6117.29. The cost of any improvement provided for in 3,255
sections 6117.01 to 6117.40, inclusive, of the Revised Code, THIS 3,256
CHAPTER and the cost of the ITS maintenance and operation thereof 3,258
shall include, in addition to the cost of ITS ACQUISITION OR 3,260
construction, the cost of engineering, necessary publications, 3,261
inspection, interest on certificates of indebtedness or on bonds 3,262
PUBLIC OBLIGATIONS, and all other items of cost incident to such 3,264
THE improvement AS DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF 3,265
THE REVISED CODE. The county may pay FROM AVAILABLE COUNTY FUNDS 3,266
any part of the cost of such THE improvement and ANY PART of the 3,267
COST OF ITS maintenance and operation thereof if the board of 3,269
county commissioners deems such CONSIDERS THE payment TO BE just. 3,270
Sec. 6117.30. The cost and expense of the ACQUISITION OR 3,279
construction of a main, branch or intercepting sewer or sewerage 3,281
treatment or disposal works SANITARY OR DRAINAGE FACILITIES to be 3,282
paid by assessment ASSESSMENTS shall be assessed, as an 3,283
assessment district assessment, upon all the property within such 3,285
THE COUNTY SEWER district found to be benefited in accordance 3,286
with the special benefits conferred, less such ANY part of said 3,287
THE cost as THAT is paid by the county at large, and state lands 3,289
FROM OTHER AVAILABLE FUNDS. STATE LAND so benefited shall bear 3,291
its proportion PORTION of THE assessed cost according to special 3,292
benefit. 3,293
Sec. 6117.32. The county sanitary engineer, upon the 3,302
completion of any improvement under sections 6117.01 to 6117.45, 3,303
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 3,304
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 3,306
present to the board of county commissioners a revised 3,307
70
assessment, based on the tentative assessment previously ratified 3,308
by the board for such THE improvement, or, if such THE tentative 3,310
assessment has been revised by order of court, BASED on such THE 3,312
revised tentative assessment, the assessment levied on each piece 3,314
of property being modified in substantially the same proportion 3,315
as the actual cost of the work IMPROVEMENT, including incidental 3,316
costs provided for in sections 6117.01 to 6117.40, inclusive, of 3,318
the Revised Code, bears to the estimated cost on which such THE 3,319
tentative assessment was based. No notice of such THE revised 3,321
assessment shall be given unless such THE actual cost exceed 3,323
EXCEEDS the estimated cost. If the actual cost exceeds the 3,324
estimated cost, notice shall be given TO all property owners 3,325
within the assessment district and shall be published as provided 3,326
BY SECTION 6117.07 OF THE REVISED CODE for amendments of the
tentative assessment. Any, AND ANY property owner may appeal as 3,328
provided for in THE case of A tentative assessments ASSESSMENT. 3,330
The board shall confirm such THE revised assessment, and, when so 3,332
confirmed, the same is IT SHALL BE final AND CONCLUSIVE. If an 3,335
appeal has been made, as provided in this section, such THAT 3,336
confirmation shall be subject to the finding of the court. The 3,337
THE board may, at such intervals as it deems CONSIDERS 3,341
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 3,343
and parcels of land specified in said notice of assessment and 3,344
levy taxes upon the taxable property of the district so improved 3,345
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 3,346
pay the cost of the maintenance, REPAIR, and operation of any 3,348
such THE improvement, including disposal of sewage, after ITS 3,349
completion thereof, and for the purpose of keeping clean and in 3,350
repair ditches, drains and water-courses serving such 3,351
improvements. No FURTHER notice shall be necessary of such 3,353
maintenance, repair, or operation THAT ADDITIONAL assessment 3,354
SHALL BE NECESSARY unless the amount thereof OF IT exceeds ten 3,356
per cent of the original cost of the construction ACQUIRING OR 3,357
CONSTRUCTING THE IMPROVEMENT. If such maintenance, repair, and 3,358
71
operation THAT ADDITIONAL assessment exceeds ten per cent of the 3,360
original cost of the construction ACQUIRING OR CONSTRUCTING THE 3,361
IMPROVEMENT, the METHOD AND manner of making said THAT ADDITIONAL 3,362
assessment, together with the notice thereof OF IT, shall be the 3,364
same as provided in sections 6117.01 to 6117.45, inclusive, of 3,366
the Revised Code, THIS CHAPTER for the original assessment. THAT 3,367
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 3,368
PROVISIONS OF SECTION 6117.33 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE AS THE BOARD 3,369
DETERMINES TO BE APPROPRIATE.
Sec. 6117.34. Whenever the legislative authority or board 3,378
of health, or the officers performing the duties of the 3,379
legislative authority or board of health, of a municipal 3,380
corporation, the board of health of a general health district, or 3,381
a board of township trustees makes complaint, in writing, to the 3,382
environmental protection agency that unsanitary conditions exist 3,383
in any county, the AGENCY'S director of environmental protection 3,384
shall forthwith SHALL inquire into and investigate the conditions 3,386
complained of. If, upon investigation of such THE complaint, the 3,388
director finds that it is necessary for the public health and 3,389
welfare that sewer improvements or sewage treatment or disposal 3,390
works SANITARY OR DRAINAGE FACILITIES be ACQUIRED OR constructed, 3,392
maintained, and operated for the service of TO SERVE any 3,393
territory outside of municipal corporations in any county, the 3,394
director shall notify the board of county commissioners of such 3,395
THE county of its THAT finding AND ORDER THAT CORRECTIVE ACTION 3,397
BE TAKEN. The board shall obey such THE order and proceed as 3,399
provided in sections 6117.01 to 6117.45 of the Revised Code, THIS 3,400
CHAPTER to establish A COUNTY sewer districts DISTRICT, IF 3,401
REQUIRED, TO provide THE necessary funds, and TO ACQUIRE OR 3,403
construct such sewers or treatment works THE FACILITIES, or AND 3,405
TO maintain, repair, or AND operate the same FACILITIES, as are 3,406
required by such THE order and in such A manner as THAT is 3,408
satisfactory to the director. Any PART or all of the cost of 3,410
72
such improvement THE FACILITIES or OF THE maintenance AND 3,411
OPERATION OF THE FACILITIES may be assessed upon the property 3,412
benefited PROPERTIES as provided in sections 6117.01 to 6117.45 3,413
of the Revised Code THIS CHAPTER. 3,414
Sec. 6117.38. (A) At any time after the formation of any 3,423
COUNTY sewer district, the board of county commissioners, when it 3,425
deems CONSIDERS it expedient APPROPRIATE, on application by a 3,427
corporation, individual, PERSON or public institution AGENCY FOR 3,429
THE PROVISION OF SEWERAGE OR DRAINAGE TO PROPERTIES OF THE PERSON 3,430
OR PUBLIC AGENCY LOCATED outside of any THE district, may 3,431
contract with such corporation, individual, THE PERSON or public 3,432
institution AGENCY for depositing sewage OR DRAINAGE from 3,434
premises outside such district THOSE PROPERTIES in the sewers 3,436
FACILITIES ACQUIRED OR constructed or to be ACQUIRED OR 3,437
constructed BY THE COUNTY to serve such THE district and for the 3,439
treatment or, disposal thereof, AND DISPOSITION OF THE SEWAGE OR 3,440
DRAINAGE, on such terms as THAT the board deems CONSIDERS 3,442
equitable. The amount to be paid BY THE PERSON OR PUBLIC AGENCY 3,443
TO REIMBURSE THE COUNTY FOR COSTS OF ACQUIRING OR CONSTRUCTING 3,444
THOSE FACILITIES shall not be less than the original OR 3,445
COMPARABLE assessment for similar property within the district 3,447
OR, and such IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE 3,448
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE
AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE 3,449
FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. THE 3,450
board shall appropriate any moneys received for such THAT service 3,452
to and for the use and benefit of such THE district. When the 3,454
THE board deems it necessary to contract with a corporation, 3,456
individual, or public institution for depositing sewage from 3,457
premises outside such district in the sewers constructed or to be 3,458
constructed to serve such district, it shall so determine by 3,459
resolution, and may collect said THE amount in cash TO BE PAID BY 3,461
THE PERSON OR PUBLIC AGENCY IN FULL, IN CASH OR IN INSTALLMENTS 3,462
AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN ACCORDANCE 3,463
73
WITH DIVISION (B) OR (D) OF SECTION 6117.02 OF THE REVISED CODE, 3,464
or IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE COUNTY, 3,465
the same AMOUNT may be assessed against said lots or parcels of 3,467
land THOSE PROPERTIES, and, IN THAT EVENT, the manner of making 3,469
said THE assessment, together with the notice thereof OF IT, 3,470
shall be the same as provided in sections 6117.01 to 6117.40, 3,472
inclusive, of the Revised Code, for the original assessment THIS 3,473
CHAPTER.
(B) Whenever sewers SANITARY OR DRAINAGE FACILITIES have 3,476
been ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a 3,477
corporation, individual, PERSON or public institution at its own 3,478
cost for the purpose of providing sewerage for any allotment, 3,479
development, subdivision, or similar enterprise, or for any 3,480
institution, AGENCY and the board deems CONSIDERS it expedient 3,482
APPROPRIATE to acquire said sewers THE FACILITIES or any part 3,483
thereof OF THEM for the purpose of providing sewerage for OR 3,485
DRAINAGE SERVICE TO territory outside the allotment, subdivision, 3,486
development, or other such enterprise for which such sewers were 3,487
constructed, such additional territory being within a SEWER 3,488
district, the county sanitary engineer, AT THE DIRECTION OF THE 3,489
BOARD, shall examine said sewers THE FACILITIES. If he THE 3,490
COUNTY SANITARY ENGINEER finds such sewers THE FACILITIES 3,493
properly designed and constructed he, THE COUNTY SANITARY 3,494
ENGINEER shall make an appraisal of the present value of said 3,496
sewers or parts thereof to the district as a means of providing 3,497
sewerage for such territory outside the allotment, subdivision, 3,498
development, or similar enterprise for which it was originally 3,499
constructed and shall certify the same THAT FACT to the board. 3,500
In such appraisal no allowance shall be made for the value of 3,502
such sewers to the territory for the service of which it was 3,503
originally constructed. The board by resolution may determine to 3,504
purchase said sewers THE FACILITIES OR ANY PART OF THEM at a cost 3,505
not to exceed the present value of said sewers as certified by 3,507
THAT, AFTER CONSULTATION WITH the COUNTY sanitary engineer, IT 3,508
74
FINDS TO BE REASONABLE. For 3,509
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 3,511
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6117.06 OF 3,513
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY 3,514
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for said 3,516
sewers and the maintenance thereof COST OF THEIR ACQUISITION, the 3,517
board may issue bonds or certificates of indebtedness INCUR 3,518
PUBLIC OBLIGATIONS and assess the ENTIRE COST, OR A LESSER 3,519
DESIGNATED PART OF THE cost, OF THEIR ACQUISITION against the 3,521
benefited property PROPERTIES in the same manner as provided by 3,523
sections 6117.01 to 6117.40, inclusive, of the Revised Code, IN 3,524
THIS CHAPTER for the construction of an original sewer OR 3,525
COMPARABLE FACILITIES.
Sec. 6117.39. Whenever, in the opinion of the board of 3,534
county commissioners, it is necessary to procure ACQUIRE real 3,535
estate, a right of way, or an easement ANY INTEREST IN REAL 3,537
ESTATE for the ACQUISITION, construction, maintenance, or 3,538
operation of any sewer, DRAINAGE, or other improvement authorized 3,540
by sections 6117.01 to 6117.45, inclusive, of the Revised Code 3,541
THIS CHAPTER, or TO ACQUIRE the right to construct, maintain, and 3,543
operate such THE sewer, DRAINAGE, or other improvement in and 3,545
upon any property within or without OUTSIDE OF a COUNTY sewer 3,547
district, it may purchase the same, or if such REAL ESTATE, 3,548
INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION. IF THE board
and the owners thereof OWNER OF THE REAL ESTATE, INTEREST IN REAL 3,550
ESTATE, OR RIGHT are unable to agree upon its purchase and sale, 3,552
or the amount of damages to be awarded therefor FOR IT, the board 3,553
may appropriate such THE real estate, right of way, easement 3,555
INTEREST, or right. Such proceedings shall be had as are 3,556
provided for in ACCORDANCE WITH sections 163.01 to 163.22, 3,557
inclusive, of the Revised Code. 3,558
Sec. 6117.41. The AT ANY TIME AFTER THE FORMATION OF ANY 3,567
COUNTY SEWER DISTRICT, THE board of county commissioners of any 3,568
county or the legislative authority of any municipal corporation 3,569
75
may enter into a contract, upon such THE terms and for such THE 3,571
period of time as are THAT IS mutually agreed upon, with any 3,572
other county or municipal corporation PUBLIC AGENCY to prepare 3,574
all necessary plans and estimates of cost, AND to connect ACQUIRE 3,576
OR CONSTRUCT any sewers of such county or municipal corporation 3,578
with any sewers constructed, SANITARY or DRAINAGE FACILITIES THAT 3,579
ARE to be constructed, USED JOINTLY by any other county or 3,580
municipal corporation THE CONTRACTING PARTIES, and to provide for 3,582
the MAINTENANCE, OPERATION, AND joint use by such THE contracting 3,583
parties of such sewers and of any sewage treatment or disposal 3,584
works of such county or municipal corporation THOSE FACILITIES OR 3,585
THE MAINTENANCE, OPERATION, AND JOINT USE OF ANY SUITABLE 3,586
EXISTING SANITARY OR DRAINAGE FACILITIES BELONGING TO EITHER OF 3,587
THE CONTRACTING PARTIES.
Sec. 6117.42. All contracts under section 6117.41 of the 3,596
Revised Code shall provide for THE payment OF COMPENSATION to the 3,598
county or municipal corporation OTHER PUBLIC AGENCY owning, 3,599
ACQUIRING, OR constructing, or about AGREEING to ACQUIRE OR 3,600
construct a sewer or sewage treatment or disposal works, THE 3,602
SANITARY OR DRAINAGE FACILITIES to be jointly used, of the IN AN 3,603
amount agreed upon by the county or municipal corporation so 3,604
contracting for the joint use thereof AS THE OTHER PARTY'S SHARE 3,605
OF THE COST OF ACQUIRING OR CONSTRUCTING THE FACILITIES. THE 3,606
CONTRACT ALSO SHALL PROVIDE FOR PAYMENT OF COMPENSATION TO THE 3,607
COUNTY OR OTHER PUBLIC AGENCY OWNING, ACQUIRING, OR CONSTRUCTING 3,608
THE FACILITIES AND OPERATING AND MAINTAINING THEM IN AN AMOUNT 3,609
AGREED UPON AS THE OTHER PARTY'S SHARE OF THE COST OF OPERATING 3,610
AND MAINTAINING THEM OR, IN LIEU OF ALL OTHER OR DIFFERING
PAYMENTS, AND AGREED PRICE PER UNIT OF FLOW. Any such A county 3,612
or municipal corporation OTHER PUBLIC AGENCY owning, ACQUIRING, 3,613
OR constructing, or agreeing to ACQUIRE OR construct, any such 3,615
sewer improvement or sewage treatment works, as provided in 3,617
sections 6117.41 to 6117.44 of the Revised Code, OF THE
FACILITIES and permitting the AGREEING TO THEIR use thereof by 3,619
76
such other county or municipal corporation, ANOTHER PUBLIC AGENCY 3,621
shall retain full control and management of the ACQUISITION, 3,622
construction, maintenance, repair, and operation of such sewer 3,623
improvement and sewage treatment or disposal works, THE 3,624
FACILITIES, UNLESS OTHERWISE PROVIDED IN THE CONTRACT AND except, 3,625
IN THE CASE OF A COUNTY, when conveyed to a municipal corporation 3,627
as provided in this DIVISION (B) OF section 6117.05 OF THE 3,628
REVISED CODE. Any such contract before going into effect shall 3,630
be approved by RELATING TO FACILITIES UNDER THE JURISDICTION OF 3,631
the director of environmental protection SHALL BE APPROVED BY THE 3,632
DIRECTOR BEFORE GOING INTO EFFECT. Any completed sewer 3,633
improvement or sewage treatment works constructed under sections 3,634
6117.01 to 6117.45 of the Revised Code, for the use of any sewer 3,635
district and located within any municipal corporation or within 3,636
any area which may be annexed to or incorporated as a municipal 3,637
corporation, may by mutual agreement between the board of county 3,638
commissioners and such municipal corporation be conveyed to such 3,639
municipal corporation, which shall thereafter maintain and 3,640
operate such sewer improvement or sewage treatment works. The 3,641
board may retain the right to joint use of such sewers or 3,642
treatment works for the benefit of the district. The validity of 3,643
any assessments levied to provide means for the payment of the 3,644
cost of construction or maintenance of such sewer improvement or 3,645
sewage treatment works or any part thereof shall not be affected 3,646
by such conveyance. 3,647
Sec. 6117.43. The A county or municipal corporation OTHER 3,657
PUBLIC AGENCY contracting under section AS PROVIDED IN SECTIONS 3,659
6117.41 AND 6117.42 of the Revised Code for the joint use of any 3,661
sewer or sewage treatment or disposal works SANITARY OR DRAINAGE
FACILITIES ACQUIRED OR constructed, or to be ACQUIRED OR 3,663
constructed, by another county or municipal corporation PUBLIC 3,664
AGENCY may provide for payment of the agreed compensation by the 3,665
levy of taxes, OR special assessments, or FROM SANITARY sewer 3,667
rentals OR DRAINAGE RATES AND CHARGES, as provided in IF AND TO 3,668
77
THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the laws 3,669
governing such county or municipal corporation IT in the
ACQUISITION, construction, maintenance, repair, or operation of a 3,671
sewer improvement or sewage treatment or disposal works THE 3,672
FACILITIES TO PROVIDE FOR PAYMENT OF THE COSTS IN RESPECT OF 3,673
WHICH THE COMPENSATION IS DUE FROM THOSE SOURCES, and may issue 3,674
bonds OR INCUR PUBLIC OBLIGATIONS as provided by such THOSE laws 3,676
in anticipation of such taxes or assessments AND PAY THE DEBT 3,677
CHARGES ON THOSE OBLIGATIONS FROM THOSE SOURCES IF AND TO THE 3,678
EXTENT SO AUTHORIZED.
Sec. 6117.44. The A county or municipal corporation OTHER 3,688
PUBLIC AGENCY receiving the compensation provided for in section 3,690
6117.42 of the Revised Code shall credit the amount so received 3,691
to the proper fund to be applied towards USED FOR the 3,693
ACQUISITION, construction, or OPERATION AND maintenance, as the 3,694
case may be, of the sewer and other works to be so jointly used 3,695
SANITARY OR DRAINAGE FACILITIES OR FOR OTHER AUTHORIZED PURPOSES. 3,696
Sec. 6117.45. No person OR PUBLIC AGENCY shall tamper with 3,705
or damage any sewer or sewage disposal plant SANITARY OR DRAINAGE 3,707
FACILITY ACQUIRED OR constructed BY A COUNTY under sections 3,708
6117.01 to 6117.45, inclusive, of the Revised Code, THIS CHAPTER 3,709
or any apparatus or accessory connected therewith WITH IT or 3,711
pertaining thereto TO IT, or make any connection into any such 3,712
sewer or sewage disposal plant OR WITH THE FACILITY, without THE 3,714
permission of the board of county commissioners or in a manner or 3,716
for a use other than as prescribed by such THE board. No person 3,717
OR PUBLIC AGENCY shall refuse to permit the inspection by the 3,719
county sanitary engineer of any such connection. No person OR 3,720
PUBLIC AGENCY shall violate sections 6117.01 to 6117.45, 3,722
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS
CHAPTER. 3,723
All fines collected under division (A) of section 6117.99 3,725
of the Revised Code shall be paid into TO the county treasury 3,726
TREASURER and credited to any county sewer improvement or 3,727
78
maintenance THE fund as THAT the board directs DETERMINES TO BE 3,729
MOST APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF 3,730
THE PARTICULAR VIOLATIONS. 3,731
Sec. 6117.49. (A) IF THE BOARD OF COUNTY COMMISSIONERS 3,733
DETERMINES BY RESOLUTION THAT THE BEST INTERESTS OF THE COUNTY 3,734
AND THOSE SERVED BY THE SANITARY OR DRAINAGE FACILITIES OF A 3,735
COUNTY SEWER DISTRICT SO REQUIRE, THE BOARD MAY SELL OR OTHERWISE 3,736
DISPOSE OF THE FACILITIES TO ANOTHER PUBLIC AGENCY OR A PERSON. 3,737
THE RESOLUTION DECLARING THE NECESSITY OF THAT DISPOSITION SHALL 3,738
RECITE THE REASONS FOR THE SALE OR OTHER DISPOSITION AND SHALL 3,739
ESTABLISH ANY CONDITIONS OR TERMS THAT THE BOARD MAY IMPOSE,
INCLUDING, BUT NOT LIMITED TO, A MINIMUM SALES PRICE IF A SALE IS 3,740
PROPOSED, A REQUIREMENT FOR THE SUBMISSION BY BIDDERS OF THE 3,741
SCHEDULE OF RATES AND CHARGES INITIALLY PROPOSED TO BE PAID FOR 3,742
THE SERVICES OF THE FACILITIES, AND OTHER PERTINENT CONDITIONS OR 3,743
TERMS RELATING TO THE SALE OR OTHER DISPOSITION. THE RESOLUTION
ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING OF 3,744
OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. NOTICE 3,745
OF THE ADOPTION OF THE RESOLUTION AND THE TIME AND PLACE OF THE 3,746
HEARING SHALL BE PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS 3,747
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE SEWER DISTRICT AND 3,748
IN THE COUNTY. THE PUBLIC HEARING ON THE SALE OR OTHER
DISPOSITION SHALL BE HELD NOT LESS THAN TWENTY-FOUR DAYS 3,749
FOLLOWING THE DATE OF FIRST PUBLICATION OF THE NOTICE. A COPY OF 3,750
THE NOTICE ALSO SHALL BE SENT BY FIRST CLASS OR CERTIFIED MAIL, 3,751
ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, TO ANY PUBLIC 3,752
AGENCY WITHIN THE AREA SERVED BY THE FACILITIES. AT THE PUBLIC 3,753
HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER
PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL HEAR 3,754
ALL INTERESTED PARTIES. A PERIOD OF FIVE DAYS SHALL BE GIVEN 3,755
FOLLOWING THE COMPLETION OF THE HEARING FOR THE FILING OF WRITTEN 3,756
OBJECTIONS BY ANY INTERESTED PERSONS OR PUBLIC AGENCIES TO THE 3,757
SALE OR OTHER DISPOSITION, AFTER WHICH THE BOARD SHALL CONSIDER 3,758
ANY OBJECTIONS AND BY RESOLUTION DETERMINE WHETHER OR NOT TO 3,759
79
PROCEED WITH THE SALE OR OTHER DISPOSITION. IF THE BOARD 3,760
DETERMINES TO PROCEED WITH THE SALE OR OTHER DISPOSITION, IT 3,761
SHALL RECEIVE BIDS AFTER ADVERTISING ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 3,762
COUNTY AND, SUBJECT TO THE RIGHT OF THE BOARD TO REJECT ANY OR 3,763
ALL BIDS, MAY MAKE AN AWARD TO A RESPONSIBLE BIDDER WHOSE 3,764
PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS 3,765
OF THE COUNTY AND THOSE SERVED BY THE FACILITIES.
(B) A CONVEYANCE OF SANITARY OR DRAINAGE FACILITIES BY A 3,767
COUNTY TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 3,768
OF SECTION 6117.05 OF THE REVISED CODE MAY BE MADE WITHOUT REGARD 3,769
TO DIVISION (A) OF THIS SECTION. 3,770
Sec. 6119.36. For IN LIEU OF SUBMITTING TO THE ELECTORS 3,779
FOR APPROVAL THE QUESTION OF A TAX LEVY OUTSIDE THE TEN-MILL 3,780
LIMITATION AND LEVYING THAT TAX FOLLOWING APPROVAL, AS PROVIDED 3,781
FOR IN SECTIONS 6119.31 AND 6119.32 OF THE REVISED CODE, THE 3,782
BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES, AS DEFINED IN 3,783
SECTION 133.01 OF THE REVISED CODE, INCLUDING ANTICIPATORY
SECURITIES, FOR the purposes PURPOSE of paying the cost of the 3,784
preparation of the data, including plans, specifications, 3,785
surveys, and maps needed or determined TO BE necessary OR 3,786
APPROPRIATE in order to plan for the proper supply, purification, 3,789
filtration, and distribution of water or, THE proper collection 3,790
and, treatment, AND DISPOSAL of sewage, OR THE PROPER COLLECTION, 3,792
CONTROL, ABATEMENT, OR TREATMENT OF SURFACE AND SUBSURFACE
DRAINAGE, EACH AND ALL within the LIMITS OF THE county or a part 3,794
thereof OF THE COUNTY or beyond the limits of the county but 3,795
within the same drainage area as is in part within the county, 3,796
and, if the board of county commissioners determines that the 3,797
funds allocated for general operating expenses of the county are 3,798
insufficient to pay the operating expenses for the current year 3,799
and the cost of the preparation of such data, the board in lieu 3,800
of the submission of the question of a levy to the voters and the 3,801
levy of a tax outside the ten-mill limitation as provided for in 3,802
80
sections 6119.31 and 6119.32 of the Revised Code may issue bonds 3,803
of such subdivision IT TO BE NECESSARY OR APPROPRIATE, FOR THE 3,804
PURPOSE OF PAYING THE COSTS OF ACQUIRING REAL ESTATE OR INTERESTS 3,805
IN REAL ESTATE FOR IMPROVEMENTS FOR ONE OR MORE OF THOSE 3,806
PURPOSES. THE DATA MAY INCLUDE, BUT ARE NOT LIMITED TO, PLANS, 3,807
SPECIFICATIONS, ESTIMATES OF COST, DRILLINGS, MAPS, SOUNDINGS, 3,808
SURVEYS, AND TENTATIVE ASSESSMENTS AGAINST PROPERTIES THAT ARE
POTENTIALLY BENEFITED. THE SECURITIES SHALL BE in an amount not 3,809
exceeding the total estimated cost of the preparation of such 3,811
data to defray the expense of such data AND OF MAKING ANY 3,812
ACQUISITIONS OF REAL ESTATE OR INTERESTS IN REAL ESTATE, TOGETHER 3,813
WITH ALL OTHER ITEMS OF COST THAT ARE INCIDENT TO THAT 3,815
PREPARATION OR THOSE ACQUISITIONS AND THAT ARE DESCRIBED IN
DIVISION (B) OF SECTION 133.15 OF THE REVISED CODE. 3,817
PRIOR TO THE ISSUANCE OR THE FIRST ISSUANCE OF THE 3,819
SECURITIES, THE BOARD SHALL DETERMINE THAT THE FUNDS ALLOCATED 3,820
FOR GENERAL OPERATING EXPENSES OF THE COUNTY ARE INSUFFICIENT TO 3,821
PAY BOTH THOSE OPERATING EXPENSES FOR THE CURRENT YEAR AND THE 3,822
TOTAL ESTIMATED COST TO BE FINANCED UNDER AUTHORITY OF THIS
SECTION. 3,823
The SECURITIES SHALL BE CHAPTER 133. OF THE REVISED CODE 3,825
SECURITIES, AND THEIR issuance of the bonds, or notes in 3,826
anticipation thereof, shall be subject to Chapter 133. of the 3,827
Revised Code THAT CHAPTER, except that the MAXIMUM maturity of 3,829
the bonds SECURITIES shall not extend beyond a period of EXCEED 3,831
ten years. The proceeds of bonds, or notes in anticipation 3,832
thereof, SECURITIES issued for the purpose of paying costs of the 3,834
improvements for which such THE data has been IS prepared, OR FOR 3,835
WHICH ANY ACQUISITION OF REAL ESTATE OR INTEREST IN REAL ESTATE 3,836
IS MADE may be issued APPLIED, WITHOUT REDUCTION OF THEIR MAXIMUM 3,837
MATURITY, to retire notes ANTICIPATORY SECURITIES issued pursuant 3,839
to this section.
All moneys raised by the issuance of bonds and notes 3,841
SECURITIES pursuant to this section shall be appropriated for 3,842
81
APPLIED TO the purpose of preparing such data as PURPOSES 3,844
provided for in section 6119.31 of the Revised Code AND IN THIS 3,846
SECTION.
Section 2. That existing sections 133.15, 315.14, 5555.01, 3,848
5555.43, 5555.46, 5555.51, 6103.01, 6103.02, 6103.03, 6103.04, 3,849
6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 6103.13, 6103.15, 3,850
6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 6103.24, 6103.25, 3,851
6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 6117.04, 6117.05, 3,852
6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 6117.29, 6117.30, 3,853
6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 6117.42, 6117.43, 3,854
6117.44, 6117.45, and 6119.36 and sections 6103.09 and 6117.26 of 3,855
the Revised Code are hereby repealed. 3,856
Section 3. The amendments and enactments made by Sections 3,858
1 and 2 of this act shall apply, insofar as their provisions 3,859
support them, to any proceedings, including proceedings defined 3,861
in section 133.01 of the Revised Code, that on the effective date 3,862
of this act are pending, in progress, or complete and that are 3,863
supplemented to provide or confirm compliance with or support by 3,864
the provisions of those amendments and enactments as if they had 3,865
been in effect at the time of those proceedings, and also apply 3,866
to the public obligations authorized, issued, or incurred
pursuant to those proceedings, notwithstanding the applicable law 3,867
previously in effect or any provision to the contrary in a prior 3,868
resolution, ordinance, order, advertisement, notice, or other 3,869
proceeding. Any proceedings pending or in progress on the 3,870
effective date of this act, and public obligations authorized,
sold, issued, incurred, delivered, and if applicable, validated 3,871
pursuant to those proceedings, shall be deemed to have been 3,872
taken, and authorized, sold, issued, incurred, delivered, and 3,873
validated, in conformity with those amendments and enactments. 3,874
The authority provided by Sections 1 and 2 of this act 3,876
provides additional and supplemental provisions for the subject 3,877
matter that also may be the subject of other laws and is 3,878
supplemental to and not in derogation of any similar authority 3,879
82
provided by, derived from, or implied by the Ohio Constitution or
any other law, including sections of the Revised Code amended by 3,880
this act, or any charter, order, resolution, or ordinance, and no 3,881
inference shall be drawn to negate the authority under them by 3,882
reason of express provisions contained in Section 1 of this act. 3,884
The provisions of the Revised Code amended or repealed by 3,886
this act shall be deemed to remain applicable to public 3,887
obligations issued or incurred pursuant to or in reliance on them 3,888
prior to the effective date of those amendments or repeals. 3,889