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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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