As Reported by House Transportation and Public Safety Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 549 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-CORBIN-ALLEN-TAYLOR- 8
NETZLEY-SCHURING-HOLLISTER-REDFERN-CLANCY-OLMAN 9
_________________________________________________________________ 10
A B I L L
To amend sections 133.15, 315.14, 5555.01, 5555.43, 12
5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 13
6103.02, 6103.03, 6103.04, 6103.05, 6103.07, 14
6103.081, 6103.11, 6103.12, 6103.13, 6103.15, 15
6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 16
6103.24, 6103.25, 6103.29, 6103.31, 6117.01,
6117.011, 6117.02, 6117.04, 6117.05, 6117.06, 17
6117.08, 6117.23, 6117.251, 6117.28, 6117.29, 18
6117.30, 6117.32, 6117.34, 6117.38, 6117.39,
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 19
6119.36, to enact sections 1.62, 5555.022, and 20
6117.49, and to repeal sections 6103.09 and 21
6117.26 of the Revised Code to modify certain 22
road improvement and water supply, sanitary, and
drainage facilities laws to permit permanent 24
improvements to be made more efficiently and
effectively by simplifying, clarifying, and 25
supplementing the procedures for constructing and 26
financing them.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 133.15, 315.14, 5555.01, 5555.43, 30
5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 6103.03, 31
6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 6103.13, 33
6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 6103.24, 34
6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 6117.04, 35
2
6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 6117.29, 36
6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 6117.42, 37
6117.43, 6117.44, 6117.45, and 6119.36 be amended and sections 38
1.62, 5555.022, and 6117.49 of the Revised Code be enacted to 39
read as follows:
Sec. 1.62. AS USED IN THE REVISED CODE, UNLESS THE CONTEXT 42
OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS EXPRESSLY
PROVIDED OTHERWISE IN A SECTION: 44
(A) REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS, 46
COMMISSIONS, AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT 48
HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO CONSTITUTION, THE 49
OFFICER, BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY 50
DESIGNATED BY OR PURSUANT TO THE CHARTER TO EXERCISE THE SAME 51
POWERS OR PERFORM THE SAME ACTS, DUTIES, OR FUNCTIONS THAT ARE TO 52
BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION OF THE 53
REVISED CODE BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF
COUNTIES THAT HAVE NOT ADOPTED A CHARTER. 54
(B) REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A 56
COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO 58
CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED BY OR
PURSUANT TO THE CHARTER. 59
Sec. 133.15. (A) The taxing authority of any subdivision 68
may issue securities of the subdivision for the purpose of paying 69
all or any portion of the costs of any permanent improvement that 70
the subdivision is authorized, alone or in cooperation with other 71
persons, to acquire, improve, or construct. 72
Securities may be issued prior to the completion of any 74
proceedings required to authorize the permanent improvement or 75
the expenditure of the proceeds of the securities. IN ADDITION, 76
PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT 77
IMPROVEMENT FOR WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED 78
AND COLLECTED MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE 79
OF THE PROCEEDS OF THE SECURITIES AND ANY OTHER FUNDS AVAILABLE 80
AND APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR OR 81
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SUBSEQUENT NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER
PROCEEDINGS THAT OTHER PROVISIONS OF THE REVISED CODE THAT 82
CONTEMPLATE THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED 83
FOR THAT TYPE OF IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN 84
AUTHORIZATION OF THAT TYPE.
(B) Costs of permanent improvements that may be financed 86
with, and paid from the proceeds of, securities include, without 87
limitation as to other costs properly allocable to the permanent 88
improvement, the costs of: acquiring, constructing, 89
reconstructing, rehabilitating, installing, remodeling, 90
renovating, enlarging, equipping, furnishing, or otherwise 91
improving permanent improvements; site clearance, improvement, 92
and preparation; acquisition of real or personal property; 93
indemnity and surety bonds and premiums on insurance; all related 94
direct administrative expenses and allocable portions of direct 95
costs of the subdivision; engineering, architectural, legal, and 96
other consulting and professional services; designs, plans, 97
specifications, feasibility or rate studies, appraisals, surveys, 98
and estimates of cost; interest or interest equivalent on the 99
securities, whether capitalized or not; financing costs; title 100
work and title commitment, insurance, and guaranties; amounts 101
necessary to establish any debt service reserve or other reserves 102
as required by the proceedings for the securities; audits; the 103
reimbursement of moneys advanced or applied by or borrowed from 104
any person, whether to or by the subdivision or others, from 105
whatever source provided, for the payment of any item or items of 106
cost of the permanent improvements; and all other expenses 107
necessary or incidental to planning or determining feasibility or 108
practicability with respect to permanent improvements or 109
necessary or incidental to the acquisition, construction, 110
reconstruction, rehabilitation, installation, remodeling, 111
renovating, enlargement, equipping, furnishing, or other 112
improvement of the permanent improvements, the financing of the 113
permanent improvements, and the placing of the permanent 114
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improvements in condition for use and operation, and all like or 115
related costs, including any one, part, or combination of, or the 116
subdivision's share of, those costs and expenses. 117
Sec. 315.14. The county engineer shall be responsible for 126
the inspection of all public improvements made under authority of 127
the board of county commissioners. He THE ENGINEER shall keep in 129
suitable books a complete record of all estimates and summaries 130
of bids received and contracts for the various improvements, 131
together with the record of all estimates made for payments on 132
such THAT work. He THE ENGINEER shall make all surveys required 134
by law and, SHALL perform all necessary services to be performed 137
by a registered surveyor or registered professional engineer in 138
connection with the construction, repair, or opening of all 139
county roads or ditches constructed under the authority of the 140
board, and shall perform such other duties as the board requires, 141
provided that the duties described in Chapters 343., 6103., and 142
6117. of the Revised Code shall be performed only pursuant to an 143
agreement between the county engineer and the board; AN AGREEMENT 144
OF THAT TYPE MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF 145
DUTIES DESCRIBED IN ONE OR MORE OF THOSE CHAPTERS, AND MAY 146
PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL DUTIES 147
IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS 6103. AND 148
6117. OF THE REVISED CODE OR ONLY THE DUTIES IMPOSED UPON A 149
COUNTY SANITARY ENGINEER UNDER CHAPTER 6117. OF THE REVISED CODE 150
IN RELATION TO DRAINAGE. The board shall determine the 151
compensation for performance of the RELEVANT duties described in 152
Chapters 343., 6103., and 6117. of the Revised Code and shall pay 154
the county engineer from funds available under such THE 155
APPLICABLE CHAPTER OR chapters or from the general fund of the 157
county. The performance of the RELEVANT duties described in 158
Chapters 343., 6103., and 6117. of the Revised Code shall not 159
constitute engaging in the private practice of engineering or 160
surveying.
Sec. 5555.01. As used in sections 5555.01 to 5555.72, 169
5
inclusive, of the Revised Code THIS CHAPTER: 170
(A) "COST" OR "COSTS" INCLUDES COMPENSATION, DAMAGES, AND 172
EXPENSES THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS 173
CHAPTER AND ALL ITEMS OF COST DESCRIBED IN DIVISION (B) OF 174
SECTION 133.15 OF THE REVISED CODE THAT ARE INCIDENT TO AN 175
IMPROVEMENT COVERED BY THIS CHAPTER. 176
(B) "PUBLIC OBLIGATIONS" HAS THE SAME MEANING AS IN 178
SECTION 133.01 OF THE REVISED CODE. 179
(C) "road ROAD" includes any state or county road, or part 182
thereof OF ANY STATE OR COUNTY ROAD, or any state or county road 183
and any municipal corporation street, or part thereof OF A ROAD 184
OR STREET OF THOSE TYPES, which form a continuous road 185
improvement.
Sec. 5555.022. (A) A BOARD OF COUNTY COMMISSIONERS, BY 187
RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD 188
TO OR THE NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC 189
CONVENIENCE AND WELFARE REQUIRE THE IMPROVEMENT OF ANY PUBLIC 190
ROAD OR ROADS, OR PARTS OF ANY PUBLIC ROAD OR ROADS, IDENTIFIED 191
IN THAT RESOLUTION IN A MANNER PROVIDED IN SECTION 5555.06 OF THE 192
REVISED CODE AND MAY FIX THE ROUTE AND TERMINI OF THE 193
IMPROVEMENT. IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN A 194
SUBSEQUENT RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE
LEVIED AND COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE 195
IMPROVEMENT, THE BOARD, IN THAT RESOLUTION OR IN A SUBSEQUENT 196
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR 197
INCURRENCE OF PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY 198
AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS REQUIRED 199
BY THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE
IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY 200
SECTIONS 5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND 201
5555.81 TO 5555.83 OF THE REVISED CODE EXCEPT AS OTHERWISE 202
PROVIDED IN THIS SECTION.
(B) THIS SECTION APPLIES TO AND AUTHORIZES AN IMPROVEMENT 204
LOCATED WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT LOCATED IN 205
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A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE, AN 206
IMPROVEMENT ALONG THE COUNTY LINE BETWEEN A COUNTY AND ONE OR 207
MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT EXTENDING FROM 208
A COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS
STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE 209
AND AN ADJOINING STATE. IF AN IMPROVEMENT INVOLVES MORE THAN ONE 210
COUNTY IN THIS STATE, THE PORTION OF THE COST OF THE IMPROVEMENT 211
TO BE BORNE BY EACH COUNTY, AFTER DEDUCTING ANY AMOUNT AGREED TO 212
BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN WHICH THE IMPROVEMENT 213
IS LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED, WITHOUT 214
REGARD TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS,
IN AN AGREEMENT AMONG THE COUNTIES. THOSE COUNTIES MAY PROCEED 215
IN ACCORDANCE WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO 216
BE LEVIED AND COLLECTED, OR MAY PROCEED IN ACCORDANCE WITH THE 217
PROVISIONS OF THIS CHAPTER APPLICABLE TO A SINGLE COUNTY 218
IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND
COLLECTED. IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN 219
THIS STATE AND AN ADJOINING STATE, THE PORTION OF ITS COST TO BE 220
BORNE BY A COUNTY IN THIS STATE SHALL BE DETERMINED IN AN 221
AGREEMENT BETWEEN THE COUNTY AND THE PROPER AUTHORITIES OF THE 222
ADJOINING STATE OR ITS PARTICIPATING OR COOPERATING SUBDIVISION 223
OR AGENCY.
(C) THE FOLLOWING PROVISIONS ALSO APPLY TO AN IMPROVEMENT 225
UNDERTAKEN PURSUANT TO THIS SECTION: 226
(1) THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS 228
CONSTRUCTION AND FINANCING, INCLUDING A CONTRACT FOR THE 229
CONSTRUCTION, MAY INCLUDE, CONSISTENT WITH THE OTHER PROVISIONS 230
OF THIS SECTION AND NOTWITHSTANDING ANY PROVISIONS OF THIS 231
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 232
THE REVISED CODE RELATING TO CONTRACTS FOR THE CONSTRUCTION OF AN 234
IMPROVEMENT SHALL BE CONSTRUED ACCORDINGLY AND SHALL BE
CONTROLLING TO THE EXTENT APPLICABLE. 235
(2) ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS, 237
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ESTIMATES OF COST, AND SPECIFICATIONS THAT MAY BE REQUIRED: 238
(a) IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE 240
PREPARED BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF 241
COUNTY COMMISSIONERS AND SHALL REQUIRE THE BOARD'S APPROVAL; 242
(b) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN COOPERATIVELY 244
BY TWO OR MORE COUNTIES IN THIS STATE, SHALL BE PREPARED BY A 245
COUNTY ENGINEER OF ONE OF THE COUNTIES AS AGREED TO BY THE 246
RELEVANT BOARDS OF COUNTY COMMISSIONERS OR, IF THE BOARDS ARE 247
UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE DIRECTOR 248
OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE COUNTIES
DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS, PROFILES, 249
CROSS SECTIONS, ESTIMATES OF COST, AND SPECIFICATIONS SO PREPARED 250
SHALL REQUIRE THE APPROVAL OF EACH OF THE BOARDS; 251
(c) IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE 253
BETWEEN THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY 254
THE COUNTY ENGINEER OF THE COUNTY IN THIS STATE AND SHALL REQUIRE 255
THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND THE PROPER 256
AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR 257
COOPERATING SUBDIVISION OR AGENCY.
(D) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO 259
THIS SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN 260
ADJOINING STATE, A BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN 261
ITS CONSTRUCTION WITH THE DEPARTMENT OF TRANSPORTATION AND THE 262
EQUIVALENT DEPARTMENT OF THE OTHER STATE AS IF THE IMPROVEMENT 263
WERE WHOLLY WITHIN THIS STATE.
(E) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 265
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, THE 266
BOARDS OF COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES ARE 267
UNABLE TO AGREE UPON THE PORTION OF THE COSTS OF THE IMPROVEMENT 268
TO BE BORNE BY EACH COUNTY AND CERTIFY THAT FACT JOINTLY TO THE 269
DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE THE 270
APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.
(F) A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE 272
COUNTY'S COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS 273
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SECTION BE PAID FROM TAX LEVIES OR A ROAD IMPROVEMENT FUND 274
REFERRED TO IN SECTION 5555.43 OF THE REVISED CODE. A COUNTY MAY 275
ENTER INTO AN AGREEMENT WITH ANY TOWNSHIP IN WHICH THE 276
IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE ALLOCATION OF 277
THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.
(G) PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY OR 279
INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN IMPROVEMENT 280
UNDERTAKEN PURSUANT TO THIS SECTION SHALL TAKE PLACE IN 281
ACCORDANCE WITH SECTIONS 163.01 TO 163.22 OF THE REVISED CODE. 283
(H) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 285
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, 286
PUBLIC OBLIGATIONS ARE ISSUED OR INCURRED TO PAY THE COSTS OF THE 287
IMPROVEMENT, THE OBLIGATIONS SHALL BE ISSUED SEPARATELY BY EACH 289
COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE BOARDS OF COUNTY 290
COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION OF 291
THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT
AUTHORIZED FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION 292
5555.32 OF THE REVISED CODE. 293
(I) ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A BOARD 295
OF COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE TAKEN, 296
CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, BY A 297
MAJORITY VOTE OF THE MEMBERS OF THE BOARD. 298
Sec. 5555.43. The board of county commissioners, UNLESS 307
ACTING PURSUANT TO SECTION 5555.022 OF THE REVISED CODE, or THE 309
joint board of county commissioners, upon a unanimous vote, may 310
ORDER, without a petition therefor, order that all the 312
compensation, damages, and expenses of A COUNTY'S COSTS FOR 313
constructing any improvement be paid out of the proceeds of any 314
tax levies for road purposes on the grand duplicate of the 315
county, or out of any road improvement fund available therefor; 316
FOR THE PAYMENT OF THOSE COSTS, or the board of county 317
commissioners or joint board thereof may enter, BY A SIMILAR VOTE 320
AND WITHOUT A PETITION, into an agreement with the boards of 321
township trustees of the townships in which said THE improvement 322
9
is situated in whole or in part, whereby THE ENTIRE COST OF THE 324
IMPROVEMENT IS PAID BY the county and townships, or one or more 325
of them, may pay such IN THE AGREED UPON proportion or amount of 327
the damages and expenses as is agreed upon between them COST. 329
Sec. 5555.46. All assessments, with interest accrued 338
thereon ON THE ASSESSMENTS, made under sections 5555.01 to 339
5555.72, inclusive, of the Revised Code, shall be placed by the 341
county auditor upon a special duplicate to be collected as other 342
taxes, and the principal OF THE ASSESSMENTS shall be payable in 343
not more than twenty FORTY semiannual installments extending over 345
a period of not more than ten TWENTY years, as determined by the 347
board of county commissioners. If any assessment is twenty-five 348
dollars or less, or if the unpaid balance of any such assessment 349
is twenty-five dollars or less, it shall be paid in full, and not 350
in installments, at the time the first or next installment would 351
otherwise become due and payable. In the event that bonds IF 352
PUBLIC OBLIGATIONS are issued OR INCURRED to pay the 353
compensation, damages, and expenses incident to COSTS OF the 354
improvement, the principal sum of such THE assessments shall be 356
payable in such A number of equal semiannual installments as will 359
provide a fund for the redemption of the bonds PUBLIC OBLIGATIONS 360
so issued OR INCURRED. Such THE assessments shall bear interest 361
from the date of and at the same rate OR RATES as the bonds 362
PUBLIC OBLIGATIONS, and the interest shall be collected in like 364
manner as the principal of such THE assessments. 365
Sec. 5555.51. The board of county commissioners, in 374
anticipation of the collection of taxes, OR TAXES and 375
assessments, for a road improvement, or any part thereof, OF A 377
ROAD IMPROVEMENT may issue and sell bonds, OR INCUR, PUBLIC 378
OBLIGATIONS of the county under Chapter 133. of the Revised Code 380
in any amount not greater than the aggregate sum necessary to pay 381
the estimated compensation, damages, and expenses of such COSTS 382
OF THE improvement. The making of the ANY special assessments 384
referred to in sections 5555.41 to 5555.50 of the Revised Code 387
10
shall not be a condition precedent to the issuance OR INCURRENCE 388
of bonds PUBLIC OBLIGATIONS under this section, and such THE 389
special assessments may be made either before or after the 391
issuance OR INCURRENCE of such bonds THE PUBLIC OBLIGATIONS. 392
Sec. 5571.15. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 402
OF THIS SECTION, THE board of township trustees may, without the 403
presentation of a petition, MAY take the necessary steps to 404
construct, reconstruct, resurface, or improve a public road or 406
part thereof, upon the passage of a resolution, by unanimous 408
vote, declaring the necessity therefor FOR THE CONSTRUCTION, 409
RECONSTRUCTION, RESURFACING, OR IMPROVEMENT. The cost thereof 410
may be paid by any of the methods provided in section 5573.07 of 412
the Revised Code, as determined by the board in such THE 413
resolution.
(B) IF THE PRIMARY REASON FOR THE RECONSTRUCTION, 415
RESURFACING, OR IMPROVEMENT OF A PUBLIC ROAD OR PART THEREOF IS 416
TO IMPROVE THE DRAINAGE OF WATER FROM THE SURFACE OF THE ROAD, AS 417
DECLARED BY THE RESOLUTION, AND THERE IS NO PRESENTATION OF A 418
PETITION, THE BOARD MAY PROCEED UPON THE PASSAGE OF THE 419
RESOLUTION BY MAJORITY VOTE. THE COST IN SUCH CASE MAY BE PAID
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF SECTION 420
5573.07 OF THE REVISED CODE.
Sec. 5573.07. The compensation, damages, and costs of 429
township road improvements shall be apportioned and paid in any 430
of the following methods, as set forth in the petition: 431
(A) Any part thereof shall be assessed against: 433
(1) The real estate abutting upon said improvement; 435
(2) The real estate situated within one-half mile of 437
either side thereof;
(3) The real estate situated within one mile of either 439
side thereof, according to the benefits accruing to such real 440
estate;
(B) Any balance shall be paid: 442
(1) From the proceeds of any levy for road purposes upon 444
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the grand duplicate of all the taxable property in the township; 445
(2) From any funds in the township treasury available 447
therefor.
When the board of township trustees acts by unanimous vote, 449
without the filing of a petition, AS PERMITTED BY DIVISION (A) OF 451
SECTION 5571.15 OF THE REVISED CODE, the board shall set forth in 452
its resolution, declaring THAT DECLARES the necessity for the 454
improvement, the method of apportioning and paying the 455
compensation, damages, and costs of the improvement, which may be 456
any one of the methods provided in this section. 457
WHEN THE BOARD ACTS BY MAJORITY VOTE AS PERMITTED BY 459
DIVISION (B) OF SECTION 5571.15 OF THE REVISED CODE, THE BOARD 460
SHALL SET FORTH IN ITS RESOLUTION THE METHOD OF PAYING THE 461
COMPENSATION, DAMAGES, AND COSTS OF THE IMPROVEMENT, WHICH MAY BE 463
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF THIS
SECTION. 464
Sec. 6103.01. As used in sections 6103.02 to 6103.30, 473
inclusive, of the Revised Code, "public THIS CHAPTER: 474
(A) "PUBLIC water supply FACILITIES," "WATER SUPPLY 477
FACILITIES," "WATER SUPPLY IMPROVEMENT," OR "IMPROVEMENT" means, 478
WITHOUT LIMITING THE GENERALITY OF THOSE TERMS, WATER wells AND 479
WELL FIELDS, springs, LAKES, RIVERS, streams, or other sources of 481
water supply, INTAKES, pumping STATIONS AND equipment, treatment, 482
FILTRATION, or purification plants, distributing FORCE AND 483
DISTRIBUTION LINES OR mains, cisterns, reservoirs, STORAGE 484
FACILITIES, necessary equipment for fire protection, other 485
RELATED STRUCTURES, equipment, AND FURNISHINGS, and lands, rights 486
of way, and easements REAL ESTATE AND INTERESTS IN REAL ESTATE, 487
necessary for OR USEFUL IN the proper development OF A WATER 489
SUPPLY FOR DOMESTIC OR OTHER PURPOSES and ITS PROPER distribution 490
of the supply. 491
(B) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 493
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 494
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 495
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(C) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 497
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 498
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF WATER SUPPLY 499
FACILITIES BUT DOES NOT INCLUDE REPAIRS, REPLACEMENTS, OR SIMILAR 500
ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY AS PERMANENT 501
IMPROVEMENTS.
(D) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 503
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 504
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 505
TO RESTORE WATER SUPPLY FACILITIES TO, OR TO CONTINUE WATER 506
SUPPLY FACILITIES IN, GOOD ORDER AND WORKING CONDITION BUT DOES 507
NOT INCLUDE CONSTRUCTION OF PERMANENT IMPROVEMENTS.
(E) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 509
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 510
CORPORATION, OR OTHER SUBDIVISION.
(F) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 512
FOLLOWING:
(1) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 515
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 516
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 517
CODE;
(2) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 519
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 521
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE THE DUTIES OF 522
A COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 523
Sec. 6103.02. (A) For the purpose of preserving and 532
promoting the public health and welfare, and providing fire 533
protection, any A board of county commissioners may by resolution 535
acquire, construct, maintain, and operate any public water supply 536
or water-works system FACILITIES within its county for any ONE OR 538
MORE sewer district, DISTRICTS and may provide for the THEIR 539
protection thereof and prevent the THEIR pollution and 541
unnecessary waste thereof. THE BOARD MAY NEGOTIATE AND ENTER 542
INTO A CONTRACT WITH ANY PUBLIC AGENCY OR ANY PERSON FOR THE 543
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MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR OF THE FACILITIES
ON BEHALF OF THE COUNTY, UPON THE TERMS AND CONDITIONS AS MAY BE 544
AGREED UPON WITH THE AGENCY OR PERSON AND AS MAY BE DETERMINED BY 545
THE BOARD TO BE IN THE INTERESTS OF THE COUNTY. By contract with 546
any municipal corporation, PUBLIC AGENCY or any person, firm, or 547
private corporation furnishing a OPERATING public water supply 549
FACILITIES within or without its county, the board ALSO may 551
provide such A supply of water to such A SEWER district from the 553
waterworks FACILITIES of such municipal corporation, THE PUBLIC 554
AGENCY OR person, firm, or private corporation. The 555
(B) THE COUNTY sanitary engineer, or sanitary engineering 558
department, of such county, in addition to other ASSIGNED duties 559
assigned to such sanitary engineer or department, shall assist 561
the board in the performance of its duties under sections 6103.02 562
to 6103.30 of the Revised Code, THIS CHAPTER and shall be charged 564
with such other duties and services in relation thereto TO THE 565
BOARD'S DUTIES as the board prescribes. The 566
(C) THE board may adopt, publish, administer, and enforce 569
rules for the construction, maintenance, protection, and use of 570
COUNTY-OWNED OR COUNTY-OPERATED public water supplies in the 571
county SUPPLY FACILITIES outside of municipal corporations, and 572
of public water supplies SUPPLY FACILITIES within municipal 574
corporations in its county wherever such water supplies THAT are 575
constructed OWNED or operated by such board THE COUNTY or THAT 576
are supplied with water from water supplies constructed SUPPLY 577
FACILITIES OWNED or operated by such board THE COUNTY, including, 579
BUT NOT LIMITED TO, RULES FOR the establishment AND USE of ANY 580
connections, THE TERMINATION IN ACCORDANCE WITH REASONABLE 581
PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES 582
AND CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS 583
TO THE EXTENT CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF 584
COUNTY WATER RATES AND CHARGES. Such THE rules shall not be 586
inconsistent with the laws of the state or the ANY APPLICABLE 587
rules of the DIRECTOR OF environmental protection agency. No 589
14
(D) NO public water supplies or water pipes or mains 592
SUPPLY FACILITIES shall be constructed in any county outside of 594
municipal corporations by any person, firm, or corporation, 595
except for the purpose of supplying water to such THOSE municipal 597
corporations, until the plans and specifications for the same 598
FACILITIES have been approved by the board. Any such 599
construction CONSTRUCTION shall be done under the supervision of 601
the COUNTY sanitary engineer. Any person, firm, or corporation 602
proposing or constructing such improvements PUBLIC WATER SUPPLY 603
FACILITIES shall pay to the county all expense EXPENSES incurred 605
by the board in connection therewith WITH THE CONSTRUCTION. The 606
(E) THE COUNTY sanitary engineer OR THE COUNTY SANITARY 608
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 609
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 610
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR MAILED AT 611
LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 612
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 614
private property for the purpose of making, AND MAY MAKE, surveys 616
and examinations OR INSPECTIONS necessary for the design or 617
examination EVALUATION of COUNTY public water supplies, and may 618
make such surveys and examinations SUPPLY FACILITIES. THIS ENTRY 619
IS NOT A TRESPASS AND IS NOT TO BE CONSIDERED AN ENTRY IN 620
CONNECTION WITH ANY APPROPRIATION OF PROPERTY PROCEEDINGS UNDER 621
SECTIONS 163.01 TO 163.22 OF THE REVISED CODE THAT MAY BE 622
PENDING. No person, firm, or corporation PUBLIC AGENCY shall 623
forbid or interfere with the COUNTY sanitary engineer or his THE 624
COUNTY SANITARY ENGINEER'S authorized assistants entering OR 627
AGENTS TO ENTER, OR INTERFERE WITH THEIR ENTRY, upon such THE 628
property for such THE purpose, or OF making such THE surveys or 630
examinations INSPECTIONS. If actual damage is done to property 631
by the making of such THE surveys and examinations OR 633
INSPECTIONS, the board shall pay the reasonable value of such THE 635
damage to the PROPERTY owner of the property damaged, and such 637
THE cost shall be included in the assessment upon the property 639
15
benefited by the improvement for which such surveys and 640
examinations are made THE COST OF THE FACILITIES AND MAY BE
INCLUDED IN ANY SPECIAL ASSESSMENTS LEVIED AND COLLECTED TO PAY 641
THAT COST.
(F) The board shall fix reasonable rates to be charged, 644
INCLUDING PENALTIES FOR LATE PAYMENTS, for water supplied TO 645
PUBLIC AGENCIES AND PERSONS when the source of supply or 646
distributing pipes THE FACILITIES FOR ITS DISTRIBUTION are owned 647
or operated by the county, which rates shall be at least 648
sufficient to pay for all of the cost of operation and
maintenance of improvements for which the resolution declaring 649
the necessity thereof shall be passed after July 1, 1958 AND MAY 650
CHANGE THE RATES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. 651
When the source of THE WATER supply TO BE USED BY THE COUNTY is 652
owned by a municipal corporation ANOTHER PUBLIC AGENCY or any 653
person, firm, or private corporation, the schedule of rates to be 654
charged by such municipal corporation, THE PUBLIC AGENCY OR 655
person, firm, or private corporation shall be ratified APPROVED 657
by the board at the time any IT ENTERS INTO A contract is entered 659
into for the use of water from such municipal corporation, THE 660
PUBLIC AGENCY OR person, firm, or private corporation. When the 661
distributing pipes DISTRIBUTION FACILITIES are owned by the 662
county, the board shall ALSO MAY fix a reasonable tap-in charge 664
and no CHARGES TO BE COLLECTED FOR THE PRIVILEGE OF CONNECTING TO 665
THE DISTRIBUTION FACILITIES AND MAY REQUIRE THAT, PRIOR TO THE 666
CONNECTION, THE CHARGES BE PAID IN FULL OR, IF DETERMINED BY THE 667
BOARD TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF
THE CHARGES, MAY REQUIRE THEIR PAYMENT IN INSTALLMENTS, AS 668
CONSIDERED ADEQUATE BY THE BOARD, AT THE TIMES, IN THE AMOUNTS, 669
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 670
DETERMINED BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND 671
APPROPRIATE. NO PUBLIC AGENCY OR person shall be permitted to 672
tap into such distributing pipes CONNECT TO THOSE FACILITIES 673
until such charge has THE CHARGES HAVE been paid in full OR 676
16
PROVISION FOR THEIR PAYMENT IN INSTALLMENTS HAS BEEN MADE. When 677
IF THE CONNECTION CHARGES ARE TO BE PAID IN INSTALLMENTS, THE
BOARD SHALL CERTIFY, TO THE COUNTY AUDITOR, INFORMATION 678
SUFFICIENT TO IDENTIFY EACH PARCEL OF PROPERTY SERVED BY A 679
CONNECTION AND, WITH RESPECT TO EACH PARCEL, THE TOTAL OF THE 680
CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF EACH 681
INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID.
THE COUNTY AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO 682
SUPPLIED IN THE WATERWORKS RECORD PROVIDED FOR IN SECTION 6103.16 683
OF THE REVISED CODE UNTIL THE CONNECTION CHARGES ARE PAID IN 684
FULL. THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 685
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 686
OTHER CHARGES FOR WATER SUPPLIED.
(G) WHEN any rents RATES or charges are not paid when due, 689
the board may do either ANY or both ALL of the following: 690
(1) Certify them THE UNPAID RATES OR CHARGES, together 692
with any penalties, to the county auditor. The county auditor 694
shall place the certified amount upon the real property tax list 695
and duplicate against the property served by the connection if he 696
also receives from the board additional certification that the 698
unpaid rents or charges have arisen pursuant to a service 699
contract made directly with an owner who occupies the property 700
served. THE CERTIFIED
The amount placed on the tax list and duplicate shall be a 702
lien on the property from the date placed on the REAL PROPERTY 703
TAX list and duplicate and shall be collected in the same manner 705
as other taxes, except that, notwithstanding section 323.15 of 706
the Revised Code, a county treasurer shall accept a payment in 707
such THAT amount when separately tendered as payment for the full 709
amount of such THE unpaid water rents RATES or charges and 711
associated penalties. The lien shall be released immediately 713
upon payment in full of the certified amount. All money 714
collected as rents or tap-in charges or for water-works purposes 715
in any district shall be paid to the county treasurer and kept in 716
17
a separate and distinct fund to the credit of such district. 717
(2) Collect them THE UNPAID RATES OR CHARGES, TOGETHER 719
WITH ANY PENALTIES, by actions at law in the name of the county 721
from an owner, tenant, or other person who OR PUBLIC AGENCY THAT 722
is liable to pay FOR the rents PAYMENT OF THE RATES or charges; 724
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 726
WATER SERVICE TO THE PARTICULAR PROPERTY UNLESS AND UNTIL THE 727
UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN 728
FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 730
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF THE 731
UNPAID RATES AND CHARGES, TOGETHER WITH ANY PENALTIES, FOR WATER 732
SERVICE TO THE PARTICULAR PROPERTY. 733
ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED 735
OR ESTABLISHED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION 736
FOR WATER SUPPLY PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE 737
PAID TO THE COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT 738
WATER FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE 739
DISTRICT.
Each board that assesses FIXES water rents RATES or charges 742
MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT AT LEAST 743
QUARTERLY IT shall determine the actual amount of rents due based 745
upon SCHEDULE an actual reading of each customer's meter at least 747
once in each three-month period, and at least quarterly the board 748
shall SO AS TO render a bill for the actual amount shown by the 750
meter reading to be due, WITH CREDIT FOR PRIOR PAYMENTS OF ANY 751
ESTIMATED BILLS SUBMITTED FOR ANY PART OF THE BILLING PERIOD, 752
except THAT estimated bills may be rendered if access to a 753
customer's meter was unobtainable IS NOT ACCESSIBLE for a timely 754
reading OR IF THE CIRCUMSTANCES PRECLUDE A SCHEDULED READING. 755
Each board that assesses water rents or charges ALSO shall 756
establish procedures providing A fair and reasonable opportunity 757
for THE resolution of billing disputes. 758
When property to which water service is provided is about 760
18
to be sold, any party to the sale or his AN agent OF A PARTY may 762
request the board to read HAVE the meter at that property READ 764
and to render, within ten days following the date on which the 766
request is made, a final bill for all outstanding rents RATES and 767
charges for water service. Such a THE request shall be made at 769
least fourteen days prior to the transfer of the title of such 771
THE property.
At any time prior to a certification under division 773
(A)(G)(1) of this section, the board shall accept any partial 774
payment of unpaid water rents RATES or charges, in the amount of 775
ten dollars or more. 777
Except as otherwise provided in any resolution PROCEEDINGS 779
authorizing or providing for the security FOR and payment of any 781
bonds outstanding on July 1, 1958 or thereafter issued PUBLIC 782
OBLIGATIONS, or in any indenture or trust OR OTHER agreement 784
securing such bonds PUBLIC OBLIGATIONS, such MONEYS IN THE WATER 785
fund shall be applied first to the conduct, PAYMENT OF THE COST 786
OF THE management, MAINTENANCE, and operation of such THE water 788
supply or water-works system FACILITIES OF, OR USED OR OPERATED 789
FOR, THE SEWER DISTRICT, which COST may include THE COUNTY'S 790
SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS UNDER 791
COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE
OF WATER SUPPLY FACILITIES AND, in accordance with a cost 793
allocation plan adopted under division (B)(H) of this section, 795
payment of all allowable direct and indirect costs of the water 796
supply or water-works system DISTRICT, the COUNTY sanitary 797
engineer or sanitary engineering department, or a federal or 798
state grant program, incurred for the purposes of this chapter;, 799
and shall be applied second to the payment of interest or 800
principal of any loan, indebtedness or liability DEBT CHARGES 801
PAYABLE ON ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR incurred 802
in connection therewith, or for the creation ACQUISITION OR 803
CONSTRUCTION OF WATER SUPPLY FACILITIES FOR OR SERVING THE 804
DISTRICT, OR FOR THE FUNDING of a sinking BOND RETIREMENT OR 805
19
OTHER fund ESTABLISHED for the liquidation of any debt created in 807
connection therewith PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. 808
Any surplus thereafter remaining may be applied to the 809
enlargement, replacement, or extension ACQUISITION OR 810
CONSTRUCTION of such water supply or water-works system, but in 813
no case shall money so collected THOSE FACILITIES OR FOR THE 814
PAYMENT OF CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE
ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE 815
CONTRACTS. MONEYS IN THE WATER FUND SHALL NOT be expended 816
otherwise OTHER than for the use and benefit of such THE 818
district. No provision of this section shall limit or restrict 819
the power and discretion of the board to determine how much of 820
the cost of such improvements shall be borne by the county at 821
large and how much shall be specially assessed upon benefited 822
properties, nor the power to issue notes and bonds for the share 823
to be borne by the county and in anticipation of the levy or 824
collection of special assessments for the share to be specially 825
assessed, nor the power of the board to levy special assessments 826
upon benefited properties for operation and maintenance whenever 827
the rents and other funds available are not sufficient to pay all 828
the cost thereof. 829
(B)(H) A board of county commissioners may adopt a cost 831
allocation plan that identifies, accumulates, and distributes 832
allowable direct and indirect costs that may be paid from the 833
WATER fund of the water supply or water-works system SEWER 834
DISTRICT created in PURSUANT TO division (A)(G) of this section, 836
and THAT prescribes methods for allocating those costs. The plan 838
shall authorize payment from the fund for OF only those costs 839
incurred by the district, the COUNTY sanitary engineer or 841
sanitary engineering department, or a federal or state grant 842
program, and those costs incurred by the general and other funds 843
of the county for a common or joint purpose, that are necessary 844
and reasonable for the proper and efficient administration of the 845
water supply or water-works system DISTRICT under this chapter. 846
20
The plan shall not authorize payment from the fund of any general 848
government expense required to carry out the overall governmental 849
responsibilities of a county. The plan shall conform to United 850
States office of management and budget Circular A-87, "Cost 851
Principles for State and, Local, AND INDIAN TRIBAL Governments," 853
published January 15 MAY 17, 1983 1995. 854
Sec. 6103.03. The authority of the A board of county 863
commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND 864
OPERATE water supply improvements and to maintain and operate the 866
same within FACILITIES FOR A COUNTY sewer districts which include 868
a part or all of the DISTRICT IN territory within one or more OF 869
A municipal corporations shall be CORPORATION, OR A REGIONAL 870
DISTRICT ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, 872
THAT IS IN WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT IS 873
the same as provided by law WITH RESPECT TO TERRITORY within 874
districts A COUNTY SEWER DISTRICT THAT IS wholly outside of A 875
municipal corporation, including the levying of assessments. 877
Such authority shall be limited to main works only, and shall not 878
include construction and maintenance of lateral water mains for 879
local service OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING IN 880
THE CASE OF FACILITIES within such A municipal corporation. The 881
plans, specifications, and estimated cost for any improvement 882
within the corporate limits of such municipal corporation: 883
(A) THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND 885
OPERATION OF THE FACILITIES shall FIRST be approved AUTHORIZED by 886
AN ORDINANCE OR RESOLUTION OF the legislative authority of such 888
THE municipal corporation prior to the letting of any contract 890
for the construction thereof. All
(B) ALL road surfaces, curbs, sidewalks, sewers, water 893
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 894
THAT MAY BE disturbed or damaged by such THE construction OF THE 895
FACILITIES shall be REPLACED OR restored to their original 897
condition within a reasonable time by the board COUNTY, and the 899
cost thereof shall be TREATED AS a part of the cost of such 900
21
improvement. After such main works are constructed, such 901
municipal corporations may use the same as a supply for branch 902
and lateral water mains, for the service and use only of that 903
part of such THE FACILITIES. 904
(C) THE municipal corporation as lies within the area 906
assessed or to be assessed for the cost of such main works, 907
subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT WITH THE 908
BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH rules 910
and regulations as are established by the board and subject to 911
all ANY APPLICABLE requirements of the director of environmental 913
protection.
At any time after a district is established comprising or 915
including a part or all of the territory within any municipal 916
corporation, the legislative authority of such municipal 917
corporation may by ordinance or resolution authorize the board to 918
proceed with the construction or the maintenance, repair, and 919
operation of any water improvement for local service within such 920
municipal corporation. After such authority has been granted, 921
the board may proceed with the construction or the maintenance, 922
repair, and operation of said improvement in the same manner as 923
provided by law for improvements in districts wholly outside of 924
municipal corporations, under the same restrictions as provided 925
in this section for main works. 926
Sec. 6103.04. (A) Whenever any portion of a COUNTY sewer 935
district is incorporated as a municipal corporation, or annexed 937
to, a municipal corporation, the area so incorporated or annexed 939
shall remain under the jurisdiction of the board of county 940
commissioners for water-works purposes OF THE ACQUISITION AND
CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS until any water supply 941
or water-works ALL OF THE improvements for said THE area for 943
which detailed plans have been prepared and the resolutions 944
declaring the necessity thereof A RESOLUTION DESCRIBED IN 945
DIVISION (A) OR (E) OF SECTION 6103.05 OF THE REVISED CODE has 946
been adopted by the board have been ACQUIRED OR completed or 947
22
until said THE board has abandoned such projects THE 949
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 950
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 951
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 952
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO 954
ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR COMPLETED, 955
INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND CHARGES FOR 956
THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS. THE 957
incorporation or annexation of any part of a district shall not 959
interfere with or render illegal AFFECT THE LEGALITY OR 960
ENFORCEABILITY OF any issue of bonds or certificate of 961
indebtedness made PUBLIC OBLIGATIONS ISSUED OR INCURRED by the 962
board in accordance with sections 6103.02 to 6103.30, inclusive, 964
of the Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER to 965
provide FOR THE payment for OF the cost of ACQUISITION, 966
construction and, maintenance, OR OPERATION of any water SUPPLY 969
improvements within such THE area, or with THE VALIDITY OF any 970
assessments levied or to be levied upon the property PROPERTIES 971
within such THE area to provide for the payment of the cost of 973
ACQUISITION, construction and, maintenance, OR OPERATION OF THE 974
IMPROVEMENTS. 975
(B) ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR 977
CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 978
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 979
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 981
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 982
PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT 983
BETWEEN THE BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL 984
CORPORATION ON TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. 985
UPON AND AFTER THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL 986
MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN ACCORDANCE WITH 988
THE AGREEMENT. THE BOARD MAY RETAIN THE RIGHT TO JOINT USE OF
23
ALL OR PART OF ANY FACILITIES SO CONVEYED FOR THE BENEFIT OF THE 989
DISTRICT. NEITHER THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE 990
LEVIED, NOR THE LEGALITY OR ENFORCEABILITY OF ANY PUBLIC 991
OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR THE PAYMENT OF THE 992
COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION 993
OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE
CONVEYANCE. 994
Sec. 6103.05. (A) After the establishment of any COUNTY 1,003
sewer district, the board of county commissioners, IF A WATER 1,005
SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared by the 1,007
county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE
PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a general plan 1,009
of water supply and water works for such district THAT IS as 1,010
complete as can be made DEVELOPED at that THE time. After such 1,012
THE general plan, IN ORIGINAL OR REVISED FORM, has been approved 1,013
by the board, IT MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 1,014
WATER SUPPLY IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR 1,015
CONSTRUCTED IN ACCORDANCE WITH THE PLAN, DECLARING THAT THE
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 1,016
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT 1,017
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 1,018
PART OF THE COST OF THE IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 1,020
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 1,021
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 1,022
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 1,023
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 1,024
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 1,025
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 1,026
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 1,027
(E) OF THIS SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09 1,028
TO 6117.24 OF THE REVISED CODE. THOSE PROCEDURES SHALL BE 1,029
REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE 1,030
24
TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 1,032
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 1,033
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 1,034
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 1,035
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 1,036
HAVE the COUNTY sanitary engineer shall prepare, OR OTHERWISE 1,038
CAUSE TO BE PREPARED, detailed plans, specifications, and 1,039
estimates AN ESTIMATE of cost of such part of FOR the improvement 1,041
as it is necessary to then construct, together with a tentative 1,042
assessment of the cost based on such THE estimate. Such THE 1,043
tentative assessment shall be for the information of property 1,044
owners, and shall not be LEVIED OR certified to the county 1,045
auditor for collection. Such THE detailed plans, specifications, 1,047
estimates ESTIMATE of cost, and tentative assessment, as so 1,049
prepared by the sanitary engineer and IF approved by the board, 1,051
shall be carefully preserved in the office of the board or the 1,052
COUNTY sanitary engineer and shall be open to THE inspection of 1,053
all persons interested in such improvements THE IMPROVEMENT. 1,054
(B)(D) After THE BOARD'S approval of the detailed plans, 1,057
specifications, estimates ESTIMATE of cost, and tentative 1,058
assessment, and at least twenty-four days before adopting a 1,060
resolution as required by PURSUANT TO division (C)(E) of this 1,062
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 1,063
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 1,064
BE SENT a notice of its intent to consider or adopt a resolution 1,066
to each owner of property PROPOSED TO BE ASSESSED that is listed 1,067
on the records of the county auditor for current agricultural use 1,069
value taxation pursuant to section 5713.31 of the Revised Code 1,070
and that is not located in an agricultural district established 1,071
under section 929.02 of the Revised Code. The notice shall 1,072
SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 1,074
(2) Specify the proposed date of the adoption of the 1,076
25
resolution; 1,077
(3) Contain a statement that the project IMPROVEMENT will 1,079
be financed in whole or in part by special assessments and that 1,081
all owners of property PROPERTIES not located in an agricultural 1,082
district established pursuant to section 929.02 of the Revised 1,084
Code may be subject to a special assessment; and 1,085
(4) Contain a statement that an agricultural district may 1,087
be established by filing an application with the county auditor. 1,088
If it appears, by the return of the mailed notices or by 1,090
other means, that one or more of the AFFECTED owners of property 1,092
cannot be found or are not served by the mailed notice, the board 1,093
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 1,094
newspaper of general circulation within IN the county not later 1,096
than ten days before the adoption of the resolution. 1,097
(C)(E) After complying with divisions (A), (C), and (B)(D) 1,100
of this section, the board shall MAY adopt a resolution declaring 1,101
that such THE improvement, describing the same WHICH SHALL BE 1,103
DESCRIBED AS TO ITS NATURE and ITS location, route, and termini 1,104
thereof, is necessary for the preservation and promotion of THE 1,105
public health and welfare and to provide fire protection, 1,106
referring to the plans, specifications, estimates ESTIMATE of 1,107
cost, and tentative assessment, stating the place where they are 1,109
on file and may be examined, what part of AND PROVIDING THAT the 1,110
ENTIRE cost OR A LESSER DESIGNATED PART OF THE COST will be paid 1,112
by the county at large, and what part will be specially assessed 1,113
against the benefited property PROPERTIES within the district AND 1,114
THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 1,115
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 1,117
description of the boundaries of that part of the district to be 1,119
assessed, and may include the estimated cost of maintaining the 1,120
improvement for one year. The resolution shall designate a time 1,121
and place, to be fixed by the board, when and where FOR 1,122
objections to the improvement, to the tentative assessment, or to 1,123
the boundaries of the assessment district will TO be heard by the 1,125
26
board. The date of such THAT hearing shall be not less than 1,127
twenty-four days after the date of the first publication of the 1,128
notice of THE hearing required by this section DIVISION. 1,129
The board shall cause a notice of the hearing to be 1,131
published once a week for two consecutive weeks in a newspaper of 1,132
general circulation within IN the county, and on or before the 1,133
date of the second publication, it shall send CAUSE TO BE SENT by 1,136
ordinary first class or certified mail a copy of the notice to 1,138
every owner of property to be assessed for such THE improvement 1,139
whose address is known.
The notice shall set forth the time and place of the 1,141
hearing, a summary description of the proposed improvement, 1,142
including its general route and termini, a summary description of 1,143
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 1,145
the place where the plans, specifications, estimates ESTIMATE of 1,146
cost, and tentative assessments ASSESSMENT are on file and may be 1,148
examined. The EACH MAILED notice shall also SHALL include a 1,149
statement that the property of the addressee will be assessed for 1,150
such THE improvement. Notice of such hearing THE NOTICE ALSO 1,152
shall be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR 1,153
BEFORE THE DATE OF THE SECOND PUBLICATION, to the clerk, OR THE 1,155
OFFICIAL DISCHARGING THE DUTIES OF A CLERK, of any municipal 1,156
corporation any part of which lies within the assessment district 1,157
AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING TO THE 1,158
MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL
IDENTIFY THAT PROPERTY. A 1,159
AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 1,162
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 1,164
the time and place fixed by such resolution and notice WHOSE 1,166
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 1,167
indorsements ENDORSEMENTS of the proposed improvement, the ITS 1,169
character and termini thereof, the boundaries of the assessment 1,171
district, or the tentative assessment shall be received by the 1,172
27
board for a period of five days after the COMPLETION OF THE 1,173
hearing, and no action shall be taken by the board in the matter 1,175
until after such THAT period has elapsed. The minutes of the 1,177
hearing shall be entered on the journal of the board showing the 1,178
persons who appear in person or by attorney, and all written 1,179
objections shall be preserved and filed in the office of the 1,180
board.
Sec. 6103.07. After the passage ADOPTION of the A 1,189
resolution to proceed with an improvement, as provided in section 1,191
6103.06 of the Revised Code, no further action THE CONSTRUCTION 1,193
OF THE IMPROVEMENT shall be taken or work done in connection 1,194
therewith DEFERRED until ten days have elapsed. If, at the 1,195
expiration of such THAT period, no appeal has been effected by 1,196
any property owner, as provided in sections 6117.09 to 6117.24, 1,197
inclusive, of the Revised Code, THE ACTION OF THE BOARD OF COUNTY 1,198
COMMISSIONERS SHALL BE FINAL, AND the board may PROCEED TO issue 1,200
and sell bonds or certificates of indebtedness INCUR PUBLIC 1,202
OBLIGATIONS and construct such THE improvement. If, at the end 1,203
of THAT ten days, any owner of property to be assessed or taxed 1,205
for the improvement has effected an appeal, then said work THE 1,207
CONSTRUCTION OF THE IMPROVEMENT shall not be proceeded with 1,208
DEFERRED until the matters appealed from have been disposed of in 1,209
court.
Sec. 6103.081. (A) After the establishment of any COUNTY 1,218
sewer district, the board of county commissioners may determine 1,220
by resolution that it is necessary to provide water supply 1,221
improvements and to maintain and operate the same IMPROVEMENTS 1,222
within the sewer district or a designated portion thereof and OF 1,223
THE DISTRICT, that such water supply THE improvements, WHICH 1,225
SHALL BE generally described in such THE resolution, shall be 1,226
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 1,227
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 1,228
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION. 1,229
28
(B) Prior to the adoption of such THE resolution, the 1,231
board of county commissioners shall give notice of the ITS 1,233
pendency thereof and of the proposed determination of the 1,235
necessity of the improvements therein generally described, which 1,236
IN THE RESOLUTION. THE notice shall set forth a description of 1,237
the properties to be benefited by the improvements and the time 1,238
and place of A hearing of objections to and endorsements of the 1,240
improvements. Such THE notice shall be given EITHER by 1,241
publication in a newspaper of general circulation IN THE COUNTY 1,243
once a week for two consecutive weeks, OR BY MAILING A COPY OF 1,244
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 1,245
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 1,246
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 1,247
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 1,248
date set for the hearing. At such THE hearing, or at any 1,249
adjournment thereof OF THE HEARING, of which no further published 1,251
OR MAILED notice need be given, the board of county commissioners 1,252
shall hear all persons whose properties are proposed to be 1,253
assessed, and such THE evidence as is deemed IT CONSIDERS to be 1,255
necessary, and shall. THE BOARD then SHALL determine the 1,256
necessity of the proposed improvement, IMPROVEMENTS and in 1,257
addition shall determine whether such THE improvements shall be 1,260
made by the board of county commissioners and, IF THEY ARE TO BE 1,261
MADE, shall direct the preparation of tentative assessments upon 1,262
the benefited properties and by whom they shall be prepared. 1,263
Thereupon in (C) IN order to obtain funds for the 1,265
preparation of a general OR REVISED GENERAL plan of water supply 1,267
and waterworks for such THE district or part thereof and OF THE 1,268
DISTRICT, FOR THE PREPARATION OF the detailed plans, 1,269
specifications, estimates ESTIMATE of cost, preparation of the 1,270
AND tentative assessment FOR THE PROPOSED IMPROVEMENTS, and FOR 1,271
the cost of financing and legal services incident to the 1,272
preparation of all of such THOSE plans and a plan of financing 1,273
the proposed improvement IMPROVEMENTS, the board of county 1,275
29
commissioners may levy upon the property PROPERTIES to be 1,277
benefited in such THE district a preliminary assessment 1,278
apportioned according to benefits or to tax valuation or partly 1,280
by one method and partly BY the other METHOD as the board of 1,282
county commissioners may determine. Such THE assessments shall 1,283
be in the amount determined to be necessary to obtain funds for 1,284
such THE general and detailed plans and such costs THE COST of 1,286
financing and legal services and shall be payable in such THE 1,288
number of years as THAT the board of county commissioners shall 1,289
determine, not to exceed twenty years, together with interest on 1,290
any notes and bonds which PUBLIC OBLIGATIONS THAT may be issued 1,292
OR INCURRED in anticipation of the collection of such THE 1,294
assessments. 1,295
(D) The board of county commissioners shall have power at 1,297
any time to levy additional assessments according to benefits or 1,299
to tax valuation or partly by one method and partly by the other 1,300
METHOD as the board of county commissioners may determine for 1,302
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 1,303
such THE BENEFITED properties to complete the payment of such THE 1,305
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 1,307
cost of any additional plans, specifications, estimates ESTIMATE 1,308
of cost, OR tentative assessments ASSESSMENT and the cost of 1,309
financing and legal services incident to the preparation of such 1,310
THOSE plans and such THE plan of financing, which additional 1,312
assessments shall be payable in such THE number of years as THAT 1,313
the legislative authority BOARD shall determine, not to exceed 1,314
twenty years, together with interest on any notes and bonds which 1,316
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 1,317
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 1,319
(E) Prior to the adoption of the A resolution levying such 1,322
assessments UNDER THIS SECTION, the board shall give at least ten 1,323
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 1,324
general circulation in the county which shall state, OR BY 1,326
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 1,327
30
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 1,328
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 1,329
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 1,331
MEETING AT WHICH THE resolution shall be taken up for 1,333
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 1,334
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 1,335
time and place OF THE MEETING, or at any adjournment thereof OF 1,337
THE MEETING, of which no further published OR MAILED notice need 1,338
be given, the board shall hear all persons whose properties are 1,339
proposed to be assessed, shall correct any errors and make any 1,340
revisions that appear to be necessary or just, and may then pass 1,341
MAY ADOPT a resolution levying upon the properties determined to 1,342
be benefited such THE assessments as so corrected and revised. 1,343
The assessments levied by such THE resolution shall be 1,345
certified to the county auditor for collection IN THE SAME MANNER 1,347
as other taxes in the year or years in which they are payable. 1,349
(F) Upon the adoption of such THE resolution DESCRIBED IN 1,352
DIVISION (E) OF THIS SECTION, no further action shall be taken or 1,353
work done until ten days have elapsed. If, at the expiration of 1,354
such THAT period, no appeal has been effected by any property 1,356
owner as herein provided IN THIS DIVISION, the action of the 1,359
board shall be final. If, at the end of THAT ten days, any owner 1,360
of property to be assessed for the improvement IMPROVEMENTS has 1,361
effected such an appeal then, no further action shall be taken 1,363
and no work done in connection with such THE improvements under 1,366
said THE resolution until the matters appealed from have been 1,367
disposed of in court. 1,368
Any owner of property to be assessed may appeal as provided 1,370
and upon the grounds stated in sections 6117.09 to 6117.24, 1,371
inclusive, of the Revised Code. 1,372
If no appeal has been perfected or if on appeal the 1,374
resolution of award of county commissioners THE BOARD is 1,375
sustained, the board of county commissioners may authorize AND 1,377
31
ENTER INTO contracts to carry out the purpose for which such THE 1,378
assessments have been levied without the prior issuance of notes, 1,379
provided that the payments due by the board of county 1,381
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 1,382
time in BY which such THE assessments shall ARE TO be collected. 1,384
The board of county commissioners shall also have the power to 1,386
MAY issue and sell its bonds with a maximum maturity of twenty 1,388
years in anticipation of the collection of such THE assessments 1,389
and may issue its notes in anticipation of the issuance of such 1,390
THE bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 1,392
issued and sold as provided in Chapter 133. of the Revised Code. 1,394
Sec. 6103.11. Whenever the owners of all the lots and 1,403
lands to be benefited by and to be assessed for any water supply 1,405
or water-works system, IMPROVEMENT provided for in sections 1,407
6103.02 to 6103.30, inclusive, of the Revised Code THIS CHAPTER, 1,408
by petition in writing, request the board of county commissioners 1,409
to provide for the ACQUISITION OR construction, maintenance, and 1,410
operation of any such THE improvement, describing the improvement 1,412
desired and the lots and lands owned by them respectively to be 1,414
assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 1,416
maintenance, AND OPERATION of such THE improvement, and 1,417
consenting that their said lots and lands may be assessed to pay 1,418
the cost of such THE ACQUISITION OR CONSTRUCTION OF THE 1,419
improvement and of ITS maintenance and operation as provided in 1,420
such sections THIS CHAPTER, and waive notice and the publication 1,422
of all resolutions and legal notices provided for in such 1,424
sections OTHERWISE REQUIRED, the board shall MAY have THE COUNTY 1,426
SANITARY ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE prepared, the 1,427
necessary plans, specifications, and estimates ESTIMATE of cost 1,429
of THE ACQUISITION OR construction, maintenance, and operation 1,432
thereof, OF THE IMPROVEMENT and a tentative assessment. When all 1,433
of the owners of the lots and lands to be benefited by and 1,434
assessed for the proposed improvement in writing state, IN 1,435
WRITING, that they have examined the estimated ESTIMATE OF cost 1,436
32
and tentative assessment as made by the county sanitary engineer, 1,437
that they have no objections thereto TO THEM, and that, in case 1,439
bonds are sold PROPOSED TO BE ISSUED prior to the ACQUISITION OR 1,441
construction of the improvement, they waive their right or option 1,442
to pay the assessments in cash, then the board shall MAY proceed, 1,444
as provided in such sections, THIS CHAPTER to construct such 1,446
CAUSE THE improvement TO BE ACQUIRED OR CONSTRUCTED and make 1,447
provisions TO CAUSE PROVISION TO BE MADE for the payment of the 1,448
cost of ITS ACQUISITION OR construction, maintenance, and 1,449
operation, as provided in such sections, except that none of the 1,451
notices or publications OTHERWISE required by law need be made 1,452
nor any GIVEN AND NO opportunity NEED be given PROVIDED for the 1,453
filing of objections to the improvement, ITS CHARACTER AND 1,454
TERMINI, THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the 1,455
assessments, TENTATIVE ASSESSMENT or, if bonds have been sold ARE 1,457
ISSUED PRIOR TO THE ACQUISITION OR CONSTRUCTION OF THE 1,458
IMPROVEMENT, for paying the assessments in cash, and the. THE 1,460
board shall forthwith MAY proceed to authorize and issue bonds or 1,461
certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT, 1,462
COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE 1,463
IMPROVEMENT, and levy and collect the assessments authorized by 1,466
sections 6103.02 to 6103.30, inclusive, of the Revised Code, and 1,467
no THIS CHAPTER. NO person, firm, or corporation PUBLIC AGENCY 1,469
shall have the right to appeal from any decision or action of the 1,471
board in the matter except refusal by the board to proceed with
such THE improvement. The 1,473
THE tentative assessment provided for in this section shall 1,475
be for the information of property owners and shall not be LEVIED 1,476
OR certified to the county auditor for collection. On completion 1,480
of the work IMPROVEMENT, the ITS cost thereof shall be 1,481
determined, including incidental expense as defined in sections 1,483
6103.02 to 6103.30, inclusive, of the Revised Code, and a revised 1,485
assessment shall be prepared by the COUNTY sanitary engineer 1,486
SHALL PREPARE, OR OTHERWISE CAUSE TO THE BE PREPARED, A REVISED 1,487
33
ASSESSMENT based on such THE actual cost and in substantially the 1,489
same proportion as the tentative assessment. The board shall 1,490
confirm such AND LEVY THE revised assessment and certify the same 1,492
IT to the COUNTY auditor for collection. 1,493
Sec. 6103.12. The cost of any improvement provided for in 1,502
sections 6103.02 to 6103.30, inclusive, of the Revised Code, THIS 1,504
CHAPTER and the cost of the ITS maintenance and operation 1,506
thereof, shall include, in addition to the cost of ITS
ACQUISITION OR construction, the cost of engineering, necessary 1,508
publications, inspection, interest on certificates of 1,509
indebtedness or on bonds PUBLIC OBLIGATIONS, and all other items 1,510
of cost incident to such THE improvement AS DESCRIBED IN DIVISION 1,511
(B) OF SECTION 133.15 OF THE REVISED CODE. The county may pay 1,512
FROM AVAILABLE COUNTY FUNDS any part of the cost of such THE 1,513
improvement and any part of the COST OF ITS maintenance and 1,514
operation thereof if the board of county commissioners deems such 1,516
CONSIDERS THE payment TO BE just. 1,517
Sec. 6103.13. The cost and expense of the ACQUISITION OR 1,526
construction of a main, branch, local or reinforcing pipe line 1,528
and water supply FACILITIES to be paid by assessments shall be 1,531
assessed, as an assessment district assessment, upon all the
property within said THE COUNTY SEWER district found to be 1,533
benefited in accordance with the special benefits conferred, less 1,535
such ANY part of said THE cost as shall be THAT IS paid by the 1,536
county at large FROM OTHER AVAILABLE FUNDS. State land so 1,538
benefited and any state land benefited by pavement, sidewalk, 1,539
sewage, or other improvement of value shall bear its proportion 1,540
PORTION of THE assessed costs according to its special benefit 1,542
COST.
Sec. 6103.15. The county sanitary engineer, upon the 1,551
completion of any improvement under sections 6103.02 to 6103.30, 1,552
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 1,553
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 1,555
present to the board of county commissioners, a revised 1,556
34
assessment, based on the tentative assessment previously ratified 1,557
by the board for such THE improvement, or, if such THE tentative 1,560
assessment has been revised by order of court, BASED on such THE 1,563
revised tentative assessment, the assessment levied on each piece 1,565
of property being modified in substantially the same proportion
as the actual cost of the work IMPROVEMENT, including incidental 1,566
costs, bears to the estimated cost on which such THE tentative 1,569
assessment was based. No notice of such THE revised assessment 1,571
shall be given unless such THE actual cost exceeds the estimated 1,572
cost. If the actual cost exceeds the estimated cost, notice 1,573
shall be given TO all property owners within the assessment 1,575
district and shall be published as provided by section 6103.06 of 1,576
the Revised Code for amendments of the tentative assessment, and 1,578
any property owners OWNER may appeal as provided for in THE case 1,580
of A tentative assessments ASSESSMENT. The board shall confirm 1,582
such THE revised assessment, and, when so confirmed, the same IT 1,583
shall be final and conclusive. If an appeal has been made, such 1,585
THAT confirmation shall be subject to the finding of the court. 1,586
The 1,587
THE board may, at such intervals as it deems CONSIDERS 1,591
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 1,592
and parcels of land specified in said notice of assessment and 1,594
levy taxes upon the taxable property of the district so improved 1,596
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 1,597
pay the cost of the maintenance, REPAIR, and operation of any 1,599
such THE improvement, after ITS completion thereof, and no. NO 1,601
further notice shall be necessary of such maintenance, repair, or 1,602
operation THAT ADDITIONAL assessment SHALL BE NECESSARY unless 1,604
the amount thereof OF IT exceeds ten per cent of the original 1,605
cost of the construction ACQUIRING OR CONSTRUCTING THE 1,606
IMPROVEMENT. If such maintenance, repair, or operation THAT 1,607
ADDITIONAL assessment exceeds ten per cent of the original cost 1,610
of the construction ACQUIRING OR CONSTRUCTING THE IMPROVEMENT, 1,611
the method and manner of making such THAT ADDITIONAL assessment, 1,612
35
together with the notice thereof OF IT, shall be the same as 1,613
provided by sections 6103.02 to 6103.30, inclusive, of the 1,614
Revised Code, IN THIS CHAPTER for the original assessment. THAT 1,616
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 1,617
PROVISIONS OF SECTION 6103.16 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE THAT THE BOARD 1,618
DETERMINES TO BE APPROPRIATE. 1,619
Sec. 6103.17. Whenever the legislative authority or board 1,628
of health, or the officers performing the duties of a legislative 1,629
authority or board of health, of a municipal corporation, the 1,630
board of health of a general health district, or a board of 1,631
township trustees makes complaint, in writing, to the director of 1,632
environmental protection AGENCY that unsafe water supply 1,633
conditions exist in any county, the AGENCY'S director shall 1,634
forthwith SHALL inquire into and investigate the conditions 1,636
complained of. If, upon investigation of such THE complaint, the 1,637
director finds that it is necessary for the public health and 1,639
welfare that any improvement mentioned in sections 6103.01 and 1,640
6103.02 of the Revised Code WATER SUPPLY FACILITIES be ACQUIRED 1,642
OR constructed, maintained, and operated for the service of TO 1,643
SERVE any territory outside of municipal corporations in any 1,645
county, the director shall notify the board of county 1,646
commissioners of such THE county of his THAT finding AND ORDER 1,648
THAT CORRECTIVE ACTION BE TAKEN. The board shall obey such THE 1,649
order and proceed, as provided in sections THIS CHAPTER AND 1,650
SECTION 6117.01, 6117.02, and 6103.02 to 6103.30 of the Revised 1,652
Code, to establish a COUNTY sewer district, IF REQUIRED, TO 1,654
provide THE necessary funds, and TO ACQUIRE OR construct such 1,655
public water supplies THE FACILITIES, or AND TO maintain, repair, 1,657
or AND operate the same FACILITIES, as are required by such THE 1,659
order and in such A manner as THAT is satisfactory to the 1,661
director. Any part OR ALL of the cost of such improvement THE 1,662
FACILITIES or OF THE maintenance AND OPERATION OF THE FACILITIES 1,663
may be assessed upon the property benefited PROPERTIES as 1,664
36
provided in such sections THIS CHAPTER. 1,665
Sec. 6103.20. (A) At any time after the formation of any 1,674
COUNTY sewer district, the board of county commissioners, when 1,677
deemed expedient IT CONSIDERS IT APPROPRIATE, on application by a 1,678
corporation, individual, PERSON or public institution AGENCY FOR 1,680
THE SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC AGENCY 1,681
LOCATED outside of any THE district, may contract with such 1,682
corporation, individual, THE PERSON or public institution AGENCY 1,683
for supplying water to their premises THOSE PROPERTIES FROM WATER 1,685
SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED OR TO BE ACQUIRED OR 1,686
CONSTRUCTED BY THE COUNTY TO SERVE THE DISTRICT, on such terms as 1,688
are THAT THE BOARD CONSIDERS equitable, but the. THE amount to 1,689
be paid BY THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY 1,690
FOR COSTS OF ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not 1,691
be less than the original OR COMPARABLE assessment for similar 1,692
property within the district OR, IN THE ABSENCE OF AN ORIGINAL OR 1,693
COMPARABLE ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE 1,694
REASONABLE AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF 1,695
THOSE FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. 1,696
Such THE board in any such case shall appropriate any moneys 1,697
received for such THAT service to and for the use and benefit of 1,698
such THE district. When the THE board deems it necessary to 1,700
contract with a corporation, individual, or public institution 1,702
outside of any district for supplying water to their premises 1,703
from water supply lines constructed or to be constructed to serve
such district, it shall so determine by resolution and may 1,705
collect said THE amount TO BE PAID BY THE PERSON OR PUBLIC AGENCY 1,706
IN FULL, in cash OR IN INSTALLMENTS AS A PART OF A CONNECTION 1,708
CHARGE TO BE COLLECTED IN ACCORDANCE WITH DIVISION (F) OF SECTION 1,709
6103.02 OF THE REVISED CODE, or, IF THE PROPERTIES TO BE SERVED 1,711
ARE LOCATED WITHIN THE COUNTY, the same AMOUNT may be assessed 1,712
against said lots or parcels of land THOSE PROPERTIES, and, IN 1,714
THAT EVENT, the manner of making such THE assessment, together 1,715
with the notice thereof OF IT, shall be the same as provided in 1,717
37
sections 6103.02 to 6103.30, inclusive, of the Revised Code, for 1,719
the original assessment THIS CHAPTER.
(B) Whenever a water supply line has FACILITIES HAVE been 1,722
ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a corporation, 1,723
individual, PERSON or public institution at its own expense for 1,724
the purpose of supplying water to any allotment, development, 1,727
subdivision, or similar enterprise, or to any institution, AGENCY 1,728
and it is deemed expedient by the board CONSIDERS IT APPROPRIATE 1,729
to acquire said water supply line THE FACILITIES or any part 1,731
thereof OF THEM for the purpose of supplying water to territory 1,733
outside the allotment, subdivision, development, or other such 1,734
enterprise for which such line was constructed, and such 1,736
additional territory is within a COUNTY SEWER district, the 1,737
county sanitary engineer, AT THE DIRECTION OF THE BOARD, shall 1,738
examine it and if he THE FACILITIES. IF THE COUNTY SANITARY 1,739
ENGINEER finds the same FACILITIES properly designed and 1,741
constructed, he THE COUNTY SANITARY ENGINEER shall make an 1,742
appraisal of its present value to the district as a means of 1,744
supplying water to territory outside the allotment, subdivision, 1,745
development, or similar enterprise for which it was originally
constructed and shall certify such value THAT FACT to the board. 1,747
In such appraisal no allowance shall be made for the value of 1,748
such water supply line to the territory for the service of which 1,749
it was originally constructed. THE 1,750
The board, by resolution, may determine to purchase said 1,752
water supply line THE FACILITIES OR ANY PART OF THEM at a cost 1,755
not to exceed its present value as certified by THAT, AFTER
CONSULTATION WITH the COUNTY sanitary engineer, IT FINDS TO BE 1,757
REASONABLE. For 1,758
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 1,760
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6103.05 OF 1,763
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for the 1,764
water supply line and the maintenance thereof COST OF THEIR 1,767
38
ACQUISITION, the board may issue bonds or certificates of 1,768
indebtedness INCUR PUBLIC OBLIGATIONS and assess the ENTIRE cost, 1,770
OR A LESSER DESIGNATED PART OF THE COST, OF THEIR ACQUISITION 1,771
against the benefited property PROPERTIES in the same manner as 1,772
provided by law IN THIS CHAPTER for the construction of an 1,774
original water supply line OR COMPARABLE FACILITIES. 1,775
Sec. 6103.21. At any time after the formation of any 1,784
COUNTY sewer district, the board of county commissioners may 1,787
enter into a contract, upon such THE terms and for such THE 1,788
period of time as are THAT IS mutually agreed upon, with any 1,790
municipal corporation or any other county PUBLIC AGENCY to 1,791
prepare ALL necessary plans and estimates of cost and to ACQUIRE 1,793
OR construct any water supply improvement FACILITIES THAT ARE to 1,794
be used jointly by the contracting parties, and to provide for 1,795
the furnishing of water and for the MAINTENANCE, OPERATION, AND 1,796
joint use by such THE contracting parties of such THOSE water 1,797
supply improvement FACILITIES or the MAINTENANCE, OPERATION, AND 1,799
joint use of any suitable existing water supply or water mains 1,800
SUPPLY FACILITIES belonging to either of such THE CONTRACTING 1,801
parties. 1,802
Sec. 6103.22. All contracts under section 6103.21 of the 1,811
Revised Code shall provide for THE payment OF COMPENSATION to the 1,813
county or municipal corporation OTHER PUBLIC AGENCY owning, 1,814
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct, 1,815
the water supply improvement FACILITIES to be jointly used of the 1,817
IN AN amount agreed upon as the other party's share of the cost 1,818
of ACQUIRING OR CONSTRUCTING the water supply improvement 1,820
FACILITIES. The contract also shall provide for payment OF 1,822
COMPENSATION to the county or municipal corporation OTHER PUBLIC 1,823
AGENCY owning, ACQUIRING, or constructing THE FACILITIES and 1,825
OPERATING AND maintaining the improvement of the THEM IN AN 1,827
amount agreed upon for AS the other party's share of the cost of 1,828
operating and maintaining the water supply improvement THEM, 1,829
including the cost of water, or, in lieu of all other OR 1,831
39
DIFFERING payments, an agreed price per unit for water furnished. 1,832
A county or municipal corporation OTHER PUBLIC AGENCY owning, 1,833
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct 1,835
a, ANY water supply improvement FACILITIES and permitting the 1,836
AGREEING TO THEIR use of it by another county or municipal 1,838
corporation PUBLIC AGENCY shall retain full control and 1,839
management of the ACQUISITION, construction, maintenance, repair, 1,840
and operation of the improvement, FACILITIES, UNLESS OTHERWISE 1,841
PROVIDED IN THE CONTRACT AND except, IN THE CASE OF A COUNTY, 1,843
when conveyed to a municipal corporation as provided in this 1,844
section DIVISION (B) OF SECTION 6103.04 OF THE REVISED CODE. ANY 1,845
CONTRACT RELATING TO FACILITIES UNDER THE JURISDICTION OF THE 1,846
DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL BE APPROVED BY THE 1,847
DIRECTOR BEFORE GOING INTO EFFECT.
A completed water supply or water-works system, as defined 1,849
in sections 6103.01 and 6103.02 of the Revised Code, for the use 1,850
of any sewer district, constructed under this chapter, and any 1,851
part thereof, located within any municipal corporation or within 1,852
any area that may be incorporated as a municipal corporation or 1,853
annexed to an existing municipal corporation, or that provides 1,854
water for such an area, by mutual agreement between the board of 1,855
county commissioners and the municipal corporation may be 1,856
conveyed to the municipal corporation, which shall thereafter 1,857
maintain and operate the water supply or water-works. The board
may retain the right to joint use of the water supply or 1,858
water-works for the benefit of the district. The validity of any 1,859
assessment that has been levied or may be levied thereafter to 1,860
provide means for the payment of the cost of the construction or 1,861
maintenance of the water supply or water-works or any part of it 1,862
shall not be affected by the conveyance.
Sec. 6103.23. The A county or municipal corporation OTHER 1,872
PUBLIC AGENCY contracting as provided in sections 6103.20 to 1,873
6103.21 AND 6103.22, inclusive, of the Revised Code, for the 1,875
joint use of any water supply improvement FACILITIES ACQUIRED OR 1,876
40
constructed, or to be ACQUIRED OR constructed, by another county 1,878
or municipal corporation PUBLIC AGENCY may provide for payment of 1,879
the agreed compensation by the levy of taxes, OR special 1,880
assessments, or FROM water rentals as now provided in RATES AND 1,883
CHARGES, IF AND TO THE EXTENT THAT THE PUBLIC AGENCY IS 1,884
AUTHORIZED BY the laws governing such county or municipal
corporation IT in the ACQUISITION, construction, maintenance, 1,886
repair, or operation of a water supply improvement FACILITIES TO 1,887
PROVIDE FOR PAYMENT OF COSTS IN RESPECT OF WHICH THE COMPENSATION 1,888
IS DUE FROM THOSE SOURCES, and may issue bonds OR INCUR PUBLIC 1,889
OBLIGATIONS as provided by such THOSE laws in anticipation of 1,890
such taxes or assessments AND PAY THE DEBT CHARGES ON THOSE 1,891
OBLIGATIONS FROM THOSE SOURCES, IF AND TO THE EXTENT SO 1,892
AUTHORIZED.
Sec. 6103.24. The A county or municipal corporation OTHER 1,902
PUBLIC AGENCY receiving the compensation provided for in section 1,904
6103.22 of the Revised Code shall credit the amount so received 1,905
to the proper fund to be used and applied towards FOR the 1,906
ACQUISITION, construction, or OPERATION AND maintenance, as the 1,907
case may be, of the water supply improvement and other water 1,909
works to be jointly used FACILITIES OR FOR OTHER AUTHORIZED 1,910
PURPOSES. 1,911
Sec. 6103.25. Whenever, in the opinion of the board of 1,920
county commissioners, it is necessary to procure ACQUIRE real 1,922
estate, a right of way, or an easement ANY INTEREST IN REAL 1,923
ESTATE for the ACQUISITION, construction, MAINTENANCE, or 1,924
operation of any water supply or other improvement FACILITIES 1,925
authorized by sections 6103.02 to 6103.30, inclusive, of the 1,927
Revised Code THIS CHAPTER, or TO ACQUIRE the right to ACQUIRE, 1,929
construct, maintain, and operate such water supply or other 1,930
improvement THOSE FACILITIES in and upon any property within or 1,932
without OUTSIDE OF a COUNTY sewer district, it may purchase the 1,933
same REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY 1,934
NEGOTIATION. If such THE board and the owner thereof OF THE REAL 1,936
41
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT are unable to agree 1,937
upon its purchase and sale, or the amount of damage DAMAGES to be 1,939
awarded therefor FOR IT, the board may appropriate such THE real 1,942
estate, right of way, easement INTEREST, or right, in accordance 1,944
with sections 163.01 to 163.22, inclusive, of the Revised Code. 1,946
The board shall perform all acts and duties required to be 1,948
performed by the mayor or legislative authority of a municipal 1,949
corporation by such laws and the passage of equivalent
resolutions and ordinances to be passed by the legislative 1,950
authority of a municipal corporation. In the construction, 1,951
maintenance, and operation of any water supply or waterworks 1,952
system, as provided in sections 6103.02 to 6103.30, inclusive, of 1,953
the Revised Code, the necessary resolutions, waivers, and
notices, provided for in such sections, may be passed, made, and 1,954
given at the same time, or may be included in any similar 1,955
resolution, waiver, or notice passed, made, or given for the 1,956
construction, maintenance, and operation of any sewer or sewage 1,957
disposal works in the same district.
Sec. 6103.29. No person OR PUBLIC AGENCY shall tamper with 1,966
or damage any water supply FACILITY ACQUIRED or water main 1,968
constructed BY A COUNTY under sections 6103.02 to 6103.30,
inclusive, of the Revised Code, THIS CHAPTER or any apparatus or 1,970
accessory connected therewith WITH IT or pertaining thereto. No 1,972
person shall TO IT, OR make any connection INTO OR with such THE 1,973
water supply or water main FACILITY, without THE permission of 1,974
the board of county commissioners, or make any such connection in 1,976
a manner or for a use other than as prescribed by such THE board. 1,977
No person OR PUBLIC AGENCY shall refuse to permit the inspection 1,978
by the county sanitary engineer of any such connection or 1,981
willfully cause the pollution of any water supply. No person OR 1,982
PUBLIC AGENCY shall violate sections 6103.02 to 6103.30, 1,983
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS 1,984
CHAPTER. All fines collected under section 6103.99 of the 1,985
Revised Code shall be paid to the county treasurer and credited 1,986
42
to such THE fund as THAT the board determines TO BE MOST 1,988
APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF THE 1,989
PARTICULAR VIOLATIONS.
Sec. 6103.31. (A) If THE BOARD OF COUNTY COMMISSIONERS 1,998
DETERMINES BY RESOLUTION THAT the best interests of the county 1,999
and the users of a public water supply FACILITIES of the county 2,001
SERVING A SEWER DISTRICT so require, the board of county 2,002
commissioners may sell or otherwise dispose of such public water 2,003
supply THE FACILITIES to another political subdivision, PUBLIC 2,005
AGENCY OR A person, firm, or private corporation. The resolution 2,006
declaring the necessity therefor OF THAT DISPOSITION shall recite 2,007
the reason REASONS for the sale or OTHER disposition and shall 2,009
include ESTABLISH any conditions or terms of sale which THAT the 2,010
board imposes MAY IMPOSE, including the proposed, BUT NOT LIMITED 2,011
TO, A MINIMUM sales price, IF A SALE IS PROPOSED, A REQUIREMENT 2,012
FOR THE SUBMISSION BY BIDDERS OF the schedule of water rates and 2,014
charges INITIALLY PROPOSED to be imposed upon PAID BY THE users 2,015
of the water supply FACILITIES, and such other pertinent 2,016
CONDITIONS OR terms and provisions relating to the sale or OTHER 2,018
disposition of the water supply as the board determines. THE 2,021
RESOLUTION ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING 2,022
OF OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. 2,023
Notice of the passage ADOPTION of the resolution AND THE TIME AND 2,024
PLACE OF THE HEARING shall be published ONCE A WEEK for two 2,027
consecutive weeks, on the same day of the week, in a newspaper of 2,028
general circulation in the sewer district and IN THE county 2,030
served by the public water supply and a. THE public hearing ON 2,032
THE SALE OR OTHER DISPOSITION SHALL BE held thereon not less than 2,033
twenty-four days following the date of first publication of the 2,036
notice of passage of the resolution. Notice of the passage of 2,038
the resolution shall A COPY OF THE NOTICE also SHALL be mailed 2,039
SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF 2,040
THE SECOND PUBLICATION, to any municipality PUBLIC AGENCY within 2,042
the water supply service area of the sewer district SERVED BY THE 2,043
43
FACILITIES. Five AT THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF 2,044
IT, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE NEED BE GIVEN, 2,045
THE BOARD SHALL HEAR ALL INTERESTED PARTIES. A PERIOD OF FIVE
days shall be given following the date COMPLETION of THE hearing, 2,048
which may be adjourned from time to time, for the filing of 2,050
written objections by any interested person PERSONS OR PUBLIC 2,051
AGENCIES to the sale or OTHER disposition of the public water 2,052
supply, after which the board shall consider such ANY objections 2,054
and by resolution determine whether or not to proceed with the 2,055
sale or OTHER disposition of the public water supply. In the 2,056
event IF the board determines to proceed with the sale or OTHER 2,058
disposition of the public water supply, any interested person 2,060
whose objection has been overruled may appeal to the probate 2,061
court of the county in the manner prescribed by sections 6117.09
to 6117.22, inclusive, of the Revised Code. An appeal may be 2,062
taken with regard to any matter required by this section to be 2,064
incorporated in the resolution of necessity. The board of county 2,065
commissioners, in proceeding with the sale or disposition of the 2,066
water supply, IT shall receive bids and proceed in accordance 2,067
with section 6103.10 of the Revised Code for bidding, AFTER 2,068
advertising, and sale ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN A 2,069
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND, SUBJECT TO 2,070
THE RIGHT OF THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN 2,071
AWARD TO A RESPONSIBLE BIDDER WHOSE PROPOSAL IS DETERMINED BY THE 2,072
BOARD TO BE IN THE BEST INTERESTS OF THE COUNTY AND THE USERS OF 2,073
THE FACILITIES.
(B) A CONVEYANCE OF WATER SUPPLY FACILITIES BY A COUNTY TO 2,075
A MUNICIPAL CORPORATION, IN ACCORDANCE WITH DIVISION (B) OF 2,076
SECTION 6103.04 OF THE REVISED CODE, MAY BE MADE WITHOUT REGARD 2,077
TO DIVISION (A) OF THIS SECTION. 2,078
Sec. 6117.01. (A) AS USED IN THIS CHAPTER: 2,087
(1) "SANITARY FACILITIES" MEANS SANITARY SEWERS, FORCE 2,089
MAINS, LIFT OR PUMPING STATIONS, AND FACILITIES FOR THE 2,090
TREATMENT, DISPOSAL, IMPOUNDMENT, OR STORAGE OF WASTES; EQUIPMENT 2,091
44
AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY 2,092
REAL ESTATE AND INTERESTS IN REAL ESTATE.
(2) "DRAINAGE" OR "WATERS" MEANS FLOWS FROM RAINFALL OR 2,094
OTHERWISE PRODUCED BY, OR RESULTING FROM, THE ELEMENTS, STORM 2,095
WATER DISCHARGES AND RELEASES OR MIGRATIONS OF WATERS FROM 2,096
PROPERTIES, ACCUMULATIONS, FLOWS, AND OVERFLOWS OF WATER, 2,097
INCLUDING ACCELERATED FLOWS AND RUNOFFS, FLOODING AND THREATS OF
FLOODING OF PROPERTIES AND STRUCTURES, AND OTHER SURFACE AND 2,098
SUBSURFACE DRAINAGE. 2,099
(3) "DRAINAGE FACILITIES" MEANS STORM SEWERS, FORCE MAINS, 2,101
PUMPING STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL, 2,102
IMPOUNDMENT, RETENTION, CONTROL, OR STORAGE OF WATERS; 2,103
IMPROVEMENTS OF OR FOR ANY CHANNEL, DITCH, DRAIN, FLOODWAY, OR 2,104
WATERCOURSE, INCLUDING LOCATION, CONSTRUCTION, RECONSTRUCTION, 2,105
RECONDITIONING, WIDENING, DEEPENING, CLEANING, REMOVAL OF
OBSTRUCTIONS, STRAIGHTENING, BOXING, CULVERTING, TILING, FILLING, 2,106
WALLING, ARCHING, OR CHANGE IN COURSE, LOCATION, OR TERMINUS; 2,107
IMPROVEMENTS OF OR FOR A RIVER, CREEK, OR RUN, INCLUDING 2,108
REINFORCEMENT OF BANKS, ENCLOSING, DEEPENING, WIDENING, 2,109
STRAIGHTENING, REMOVAL OF OBSTRUCTIONS, OR CHANGE IN COURSE, 2,110
LOCATION, OR TERMINUS; FACILITIES FOR THE PROTECTION OF LANDS 2,111
FROM THE OVERFLOW OF WATER, INCLUDING A LEVEE, WALL, EMBANKMENT,
JETTY, DIKE, DAM, SLUICE, REVETMENT, RESERVOIR, RETENTION OR 2,112
HOLDING BASIN, CONTROL GATE, OR BREAKWATER; FACILITIES FOR 2,113
CONTROLLED DRAINAGE, REGULATION OF STREAM FLOW, AND PROTECTION OF 2,114
AN OUTLET; THE VACATION OF A DITCH OR DRAIN; EQUIPMENT AND 2,115
FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY REAL
ESTATE AND INTERESTS IN REAL ESTATE. 2,116
(4) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 2,119
FOLLOWING: 2,120
(a) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 2,122
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 2,123
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 2,124
CODE;
45
(b) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 2,126
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 2,128
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE DUTIES OF A 2,130
COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 2,131
(5) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 2,133
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 2,134
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 2,135
(6) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 2,137
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 2,138
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF SANITARY OR 2,139
DRAINAGE FACILITIES, BUT DOES NOT INCLUDE ANY REPAIRS, 2,140
REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND
QUALIFY AS PERMANENT IMPROVEMENTS. 2,141
(7) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 2,143
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 2,144
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 2,145
TO RESTORE SANITARY OR DRAINAGE FACILITIES TO, OR TO CONTINUE 2,146
SANITARY OR DRAINAGE FACILITIES IN, GOOD ORDER AND WORKING 2,147
CONDITION, BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT
IMPROVEMENTS. 2,148
(8) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 2,150
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 2,151
CORPORATION, OR OTHER SUBDIVISION.
(B) For the purpose of preserving and promoting the public 2,154
health and welfare, boards A BOARD of county commissioners may by 2,156
resolution lay out, establish, CONSOLIDATE, OR OTHERWISE MODIFY
THE BOUNDARIES OF, and maintain, one or more sewer districts 2,158
within their respective counties, THE COUNTY AND outside of 2,159
municipal corporations, and may have a registered professional 2,160
engineer make such THE surveys as are necessary for the 2,161
determination of the proper boundaries of such EACH district. 2,163
Each district, WHICH shall be designated by an appropriate name 2,165
or number. Any THE board may acquire, construct, maintain, and 2,166
operate such main, branch, intercepting, or local sewer, or 2,167
46
ditch, channel, or interceptor for the temporary retention of 2,168
storm water, within any such district, and such outlet sewer and 2,169
sewage treatment or disposal works within or without such 2,170
district, as are necessary to care for and conduct the sewage or 2,171
surface water from any part of such district to a proper outlet, 2,172
so as to properly treat or dispose of same. Any such SANITARY OR 2,174
DRAINAGE FACILITIES THAT IT DETERMINES TO BE NECESSARY OR
APPROPRIATE FOR THE COLLECTION OF SEWAGE AND OTHER WASTES 2,175
ORIGINATING IN OR ENTERING THE DISTRICT, TO COMPLY WITH THE 2,176
PROVISIONS OF A CONTRACT ENTERED INTO FOR THE PURPOSES DESCRIBED 2,178
IN SECTIONS 6117.41 TO 6117.44 OF THE REVISED CODE AND PURSUANT
TO THOSE SECTIONS OR OTHER APPLICABLE PROVISIONS OF LAW, OR FOR 2,179
THE COLLECTION, CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR 2,180
ACCUMULATING IN, OR FLOWING IN, INTO, OR THROUGH, THE DISTRICT, 2,181
AND OTHER SANITARY OR DRAINAGE FACILITIES, WITHIN OR OUTSIDE OF 2,182
THE DISTRICT, THAT IT DETERMINES TO BE NECESSARY OR APPROPRIATE 2,183
TO CONDUCT THE WASTES AND WATERS TO A PROPER OUTLET AND TO
PROVIDE FOR THEIR PROPER TREATMENT, DISPOSAL, AND DISPOSITION. 2,184
THE BOARD MAY PROVIDE FOR THE PROTECTION OF THE SANITARY AND 2,185
DRAINAGE FACILITIES AND MAY NEGOTIATE AND ENTER INTO A CONTRACT 2,186
WITH ANY PUBLIC AGENCY OR PERSON FOR THE MANAGEMENT, MAINTENANCE, 2,187
OPERATION, AND REPAIR OF ANY OF THE FACILITIES ON BEHALF OF THE
COUNTY UPON THE TERMS AND CONDITIONS THAT MAY BE AGREED UPON WITH 2,188
THE AGENCY OR PERSON AND THAT MAY BE DETERMINED BY THE BOARD TO 2,190
BE IN THE BEST INTERESTS OF THE COUNTY. BY CONTRACT WITH ANY 2,191
PUBLIC AGENCY OR PERSON OPERATING SANITARY OR DRAINAGE FACILITIES 2,193
WITHIN OR OUTSIDE OF THE COUNTY, THE BOARD MAY PROVIDE A PROPER 2,194
OUTLET FOR ANY OF THE WASTES AND WATERS AND FOR THEIR PROPER 2,195
TREATMENT, DISPOSAL, AND DISPOSITION. 2,196
(C) THE board OF COUNTY COMMISSIONERS may employ a 2,199
registered professional engineer TO BE THE COUNTY SANITARY 2,200
ENGINEER for such THE time and on such THE terms as it deems 2,202
CONSIDERS best, and may authorize such registered professional 2,203
THE COUNTY SANITARY engineer to employ necessary assistants upon 2,206
47
such THE terms as are fixed by said THE board. The PRIOR TO THE 2,208
INITIAL ASSIGNMENT OF DRAINAGE FACILITIES DUTIES TO THE COUNTY 2,209
SANITARY ENGINEER, IF THE COUNTY SANITARY ENGINEER IS NOT THE
COUNTY ENGINEER, THE BOARD FIRST SHALL OFFER TO ENTER INTO AN 2,210
AGREEMENT WITH THE COUNTY ENGINEER PURSUANT TO SECTION 315.14 OF 2,211
THE REVISED CODE FOR ASSISTANCE IN THE PERFORMANCE OF THOSE 2,212
DUTIES OF THE BOARD PERTAINING TO DRAINAGE FACILITIES, AND THE 2,214
COUNTY ENGINEER SHALL ACCEPT OR REJECT THE OFFER WITHIN THIRTY 2,215
DAYS AFTER THE DATE THE OFFER IS MADE. 2,216
THE board may create and maintain a sanitary engineering 2,218
department, to WHICH SHALL be under its supervision and in charge 2,220
of a registered professional WHICH SHALL BE HEADED BY THE COUNTY 2,221
SANITARY engineer, to be appointed by such board, for the purpose 2,223
of aiding it in the performance of its duties under sections 2,224
6117.01 to 6117.45 THIS CHAPTER AND CHAPTER 6103. of the Revised 2,225
Code, or its other duties regarding sanitation, DRAINAGE, AND 2,226
WATER SUPPLY provided by law. Said THE board shall provide 2,228
suitable rooms FACILITIES for the use of such THE department and 2,230
shall provide for and pay the compensation of such registered 2,232
professional THE COUNTY SANITARY engineer and all AUTHORIZED 2,233
necessary expenses of such registered professional THE COUNTY 2,235
SANITARY engineer and THE SANITARY ENGINEERING department which 2,236
are authorized by such board. Any such registered professional 2,238
THE COUNTY SANITARY engineer in charge of such department, with 2,239
the approval of the board, may appoint necessary assistants and 2,241
clerks, and the compensation of any such THOSE assistants and 2,242
clerks shall be fixed PROVIDED FOR and paid by such THE board. 2,244
The
(D) THE board OF COUNTY COMMISSIONERS may adopt, publish, 2,247
administer, and enforce rules for the construction, maintenance, 2,248
protection, and use of sewers COUNTY-OWNED OR COUNTY-OPERATED 2,249
SANITARY and sewer improvements in its county DRAINAGE FACILITIES 2,250
outside of municipal corporations, and of sewers SANITARY and 2,252
sewer improvements DRAINAGE FACILITIES within municipal 2,254
48
corporations in its county wherever such sewers THAT are 2,256
constructed OWNED or operated by such board THE COUNTY or THAT 2,257
discharge into sewers or sewage treatment plants constructed 2,258
SANITARY OR DRAINAGE FACILITIES OWNED or operated by such board 2,260
THE COUNTY, including, BUT NOT LIMITED TO, RULES FOR the 2,261
establishment and use of ANY connections, THE TERMINATION IN 2,262
ACCORDANCE WITH REASONABLE PROCEDURES OF SANITARY SERVICE FOR THE 2,263
NONPAYMENT OF COUNTY SANITARY RATES AND CHARGES AND, IF SO
DETERMINED, THE CONCURRENT TERMINATION OF ANY COUNTY WATER 2,264
SERVICE FOR THE NONPAYMENT OF THOSE RATES AND CHARGES, THE 2,265
TERMINATION IN ACCORDANCE WITH REASONABLE PROCEDURES OF DRAINAGE 2,266
SERVICE FOR THE NONPAYMENT OF COUNTY DRAINAGE RATES AND CHARGES, 2,267
AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT
CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY SANITARY OR 2,268
DRAINAGE RATES AND CHARGES. Such THE rules shall not be 2,271
inconsistent with the laws of this state or the ANY APPLICABLE 2,272
rules of the director of environmental protection. No sewers or 2,274
sewage treatment works
(E) NO SANITARY OR DRAINAGE FACILITIES shall be 2,276
constructed in any county outside of municipal corporations by 2,278
any person, firm, or corporation until the plans and 2,279
specifications for the same have been approved by the board OF 2,280
COUNTY COMMISSIONERS, and any such construction shall be done 2,282
under the supervision of the county sanitary engineer. NOT LESS
THAN THIRTY DAYS BEFORE THE DATE DRAINAGE PLANS ARE SUBMITTED TO 2,284
THE BOARD FOR ITS APPROVAL, THE PLANS SHALL BE SUBMITTED TO THE 2,285
COUNTY ENGINEER. IF THE COUNTY ENGINEER IS OF THE OPINION AFTER 2,286
REVIEW THAT THE FACILITIES WILL HAVE A SIGNIFICANT ADVERSE EFFECT
ON ROADS, CULVERTS, BRIDGES, OR EXISTING MAINTENANCE WITHIN THE 2,287
COUNTY, THE COUNTY ENGINEER MAY SUBMIT A WRITTEN OPINION TO THE 2,288
BOARD NOT LATER THAN THIRTY DAYS AFTER THE DATE THE PLANS ARE 2,289
SUBMITTED TO THE COUNTY ENGINEER. THE BOARD MAY TAKE ACTION 2,290
RELATIVE TO THE DRAINAGE PLANS ONLY AFTER THE EARLIEST OF 2,291
RECEIVING THE WRITTEN OPINION OF THE COUNTY ENGINEER, RECEIVING A 2,292
49
WRITTEN WAIVER OF SUBMISSION OF AN OPINION FROM THE COUNTY 2,293
ENGINEER, OR PASSAGE OF THIRTY DAYS FROM THE DATE THE PLANS ARE 2,294
SUBMITTED TO THE COUNTY ENGINEER. Any person, firm, or 2,296
corporation proposing or constructing such improvements THE 2,297
FACILITIES shall pay to the county all expenses incurred by the 2,298
board in connection therewith WITH THE CONSTRUCTION. The 2,299
(F) THE county sanitary engineer OR THE COUNTY SANITARY 2,301
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 2,302
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 2,303
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR IS MAILED 2,304
AT LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 2,305
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 2,306
private property for the purpose of making, AND MAY MAKE, surveys 2,307
or examinations INSPECTIONS necessary for the laying out of sewer 2,309
districts or designing sewers or treatment works, and may make 2,310
such surveys and examinations THE DESIGN OR EVALUATION OF COUNTY
SANITARY OR DRAINAGE FACILITIES. THIS ENTRY IS NOT A TRESPASS 2,311
AND IS NOT TO BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY 2,312
APPROPRIATION OF PROPERTY PROCEEDINGS UNDER SECTIONS 163.01 TO 2,313
163.22 OF THE REVISED CODE THAT MAY BE PENDING. No person, firm, 2,314
or corporation PUBLIC AGENCY shall forbid or interfere with the 2,316
county sanitary engineer or his THE COUNTY SANITARY ENGINEER'S 2,317
authorized assistants entering OR AGENTS TO ENTER, OR INTERFERE 2,319
WITH THEIR ENTRY, upon such THE property for such THAT purpose or 2,321
FORBID OR INTERFERE WITH THEIR making such OF surveys or 2,322
examinations INSPECTIONS. If actual damage is done to property 2,323
by the making of such THE surveys and examinations INSPECTIONS, 2,325
the board shall pay the reasonable value of such THE damage to 2,327
the PROPERTY owner of the property damaged, and such THE cost 2,328
shall be included in the assessment upon the property benefited 2,329
by the improvement for which such surveys and examinations are 2,330
made COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL 2,331
ASSESSMENTS TO BE LEVIED AND COLLECTED TO PAY THAT COST. 2,333
Sec. 6117.011. Boards A BOARD of county commissioners IN 2,342
50
THE MANNER PROVIDED IN THIS SECTION may make surveys of water 2,344
works or sewerage systems SUPPLY, SANITARY, OR DRAINAGE
FACILITIES for any sewer district, the ACQUISITION OR 2,345
construction, improvement, enlargement, or repair of which is 2,346
contemplated, and they may proceed in the manner provided in this 2,348
section.
Any board desiring to make such a survey shall adopt a 2,350
resolution declaring the ITS purpose and necessity therefor. In 2,352
making such THE surveys, such THE board may call upon engineering 2,354
officers or employees regularly employed by the board, or may 2,355
authorize and enter into contracts for the services of registered 2,357
professional engineers to make such THE surveys.
The surveys authorized by this section may include 2,359
drawings, plans, specifications, estimates of cost of labor and 2,360
materials, and other items of cost, assessment rolls, and such 2,361
other facts, material, data, reports, and other information and 2,363
recommendations as THAT the board deems CONSIDERS advisable or 2,365
necessary for the planning and construction of the improvement 2,366
proposed or the enlargement, improvement, replacement, or repair 2,367
of an existing improvement PURPOSE. 2,368
Agreements CONTRACTS entered into for such THE surveys 2,371
shall be deemed CONSIDERED contracts for professional services 2,372
and may provide for preliminary surveys or the making of detailed 2,373
plans, or both, and may also MAY provide for engineer- 2,374
ENGINEERING supervision of the work. No such contract shall be 2,376
valid unless one or more of the services to be performed 2,377
thereunder are by its terms to be commenced within one year after 2,378
the contract date.
Such THE contracts shall be executed in triplicate and 2,380
shall be signed by AT LEAST TWO MEMBERS OF the board and by the 2,382
engineer agreeing to perform such THE service, and one SIGNED 2,384
copy thereof OF THE CONTRACT shall be filed with the fiscal 2,385
officer of the county, whose certificate as provided in, 2,386
OTHERWISE REQUIRED BY section 5705.41 of the Revised Code shall, 2,388
51
NEED not be required PROVIDED. Payment therefor FOR THE 2,390
CONTRACTS may be made from the general fund or any other fund 2,391
legally available for such THAT use at such THE times as THAT are 2,393
agreed upon or as determined by the board, and, where bonds or 2,394
notes are sold. THE PROCEEDS OF ANY PUBLIC OBLIGATIONS ISSUED 2,395
PURSUANT TO SECTION 6119.36 OF THE REVISED CODE OR ANY OTHER 2,396
PUBLIC OBLIGATIONS ISSUED OR INCURRED to pay the cost of work 2,397
FACILITIES to which such A survey related, such funds RELATES may 2,399
be used to pay any part of the consideration COST under such 2,401
contract THE CONTRACTS or to reimburse the fund from which
payment was made. 2,403
Sec. 6117.02. (A) The board of county commissioners shall 2,412
fix reasonable rates to be charged, INCLUDING PENALTIES FOR LATE 2,414
PAYMENTS, for the use, OR THE AVAILABILITY FOR USE, of the sewers 2,415
or sewerage treatment or disposal works referred to in section 2,416
6117.01 of the Revised Code SANITARY FACILITIES OF A SEWER 2,417
DISTRICT TO BE PAID by every person, firm, or corporation AND 2,418
PUBLIC AGENCY whose premises are served, OR CAPABLE OF BEING 2,420
SERVED, by a connection DIRECTLY OR INDIRECTLY to such sewers or 2,422
sewerage treatment or disposal works THOSE FACILITIES when such 2,423
sewers or sewerage treatment or disposal works THOSE FACILITIES 2,425
are owned or operated by the county, and may change such THE 2,427
rates FROM TIME TO TIME as it deems CONSIDERS advisable. Such 2,428
rates shall be at least sufficient to pay all the cost of 2,429
operation and maintenance of improvements for which the 2,430
resolution declaring the necessity thereof shall be passed after 2,431
July 1, 1958 and may include, upon billing, additional amounts 2,432
attributable to connection charges being paid in installments. 2,433
When the sewerage treatment or disposal works is SANITARY 2,434
FACILITIES TO BE USED BY THE COUNTY ARE owned by a municipal 2,435
corporation ANOTHER PUBLIC AGENCY or any person, firm, or private 2,437
corporation the schedule of rates to be charged by such municipal 2,439
corporation, THE PUBLIC AGENCY OR person, firm, or private 2,441
corporation for the use of such THE facilities BY THE COUNTY, OR 2,442
52
THE FORMULA OR OTHER PROCEDURE FOR THEIR DETERMINATION, shall be 2,443
ratified APPROVED by the board at the time any IT ENTERS INTO A 2,445
contract is entered into for such THAT use. The 2,446
(B) THE board shall also SHALL establish reasonable 2,449
charges to be collected for the privilege of connecting to the 2,450
sewers or sewerage treatment of disposal works SANITARY 2,451
FACILITIES of the district, with the requirement that, prior to 2,454
such THE connection, such THE charges shall either be paid in 2,456
full, or, if determined BY THE BOARD to be equitable by the board 2,458
in its A resolution providing for RELATING TO the payment of such 2,459
THE charges, provision deemed CONSIDERED adequate by the board 2,460
shall be made for THEIR payment in installments at such THE times 2,462
and, in such THE amounts, and with such THE security, carrying 2,465
charges, or AND penalties as may be found by the board in such 2,467
THAT resolution to be fair and appropriate, and no. NO PUBLIC 2,469
AGENCY OR person shall be permitted to connect to the sewers or 2,470
sewerage treatment or disposal works of the district THOSE 2,471
FACILITIES until such THE charges have been paid in full, or 2,473
until such provision for THEIR payment in installments has been 2,475
made. If THE connection charges are to be paid in installments, 2,476
the board shall certify to the county auditor information 2,477
sufficient to identify each parcel of property served by the A 2,478
connection AND, WITH RESPECT TO EACH PARCEL, the total of the 2,479
charges to be paid in installments, the amount of each 2,480
installment, and the total number of installments to be paid. 2,481
The auditor shall record AND MAINTAIN the information supplied in 2,482
the sewer improvement record PROVIDED FOR IN SECTION 6117.33 OF 2,483
THE REVISED CODE until the connection charges are paid in full. 2,485
When THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 2,486
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 2,487
CHARGES FOR THE USE OF SANITARY FACILITIES.
(C) WHEN any rents OF THE SANITARY RATES or charges are 2,490
not paid when due, the board shall certify the same MAY DO ANY OR 2,491
ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:
53
(1) CERTIFY THE UNPAID RATES OR CHARGES, together with any 2,494
penalties, to the county auditor, who shall place them upon the 2,495
real property tax list and duplicate against the property served 2,496
by such THE connection. Such rents and charges THE CERTIFIED 2,497
AMOUNT shall be a lien on such THE property from the date the 2,498
same are placed upon ON the real property tax list and duplicate 2,500
by the auditor and shall be collected in the same manner as other 2,502
taxes, EXCEPT THAT, NOTWITHSTANDING SECTION 323.15 OF THE REVISED 2,504
CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT AMOUNT 2,505
WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE
UNPAID SANITARY RATES OR CHARGES AND ASSOCIATED PENALTIES. THE 2,506
LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF THE 2,507
CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,509
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,510
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,511
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,512
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,514
SANITARY SERVICE TO THE PARTICULAR PROPERTY AND, IF SO 2,515
DETERMINED, ANY COUNTY WATER SERVICE TO THAT PROPERTY, UNLESS AND 2,516
UNTIL THE UNPAID SANITARY RATES OR CHARGES, TOGETHER WITH ANY 2,517
PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,519
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,520
SANITARY RATES AND CHARGES FOR SERVICE TO THE PARTICULAR 2,521
PROPERTY. All
ALL moneys collected as rents for use of such sewers or 2,524
sewerage treatment or disposal works or as connection SANITARY 2,525
RATES, charges in, OR PENALTIES FIXED OR ESTABLISHED IN 2,526
ACCORDANCE WITH DIVISIONS (A) AND (B) OF THIS SECTION FOR any 2,527
sewer district shall be paid to the county treasurer and kept in 2,528
a separate and distinct SANITARY fund ESTABLISHED BY THE BOARD to 2,529
the credit of such THE district. Except as otherwise provided in 2,532
any resolution PROCEEDINGS authorizing or providing for the 2,534
54
security FOR and payment of any bonds outstanding on July 1, 2,535
1958, or thereafter issued PUBLIC OBLIGATIONS, or in any
indenture or trust OR OTHER agreement securing such bonds PUBLIC 2,537
OBLIGATIONS, such MONEYS IN THE SANITARY fund shall be used 2,539
APPLIED first for TO the payment of the cost of the management, 2,540
maintenance, and operation of the sewers of the district and 2,542
sewerage treatment or disposal works SANITARY FACILITIES OF, OR 2,543
used by OR OPERATED FOR, the district, which cost may include THE 2,546
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,547
USE OF SANITARY FACILITIES AND, in accordance with a cost 2,548
allocation plan adopted under division (B)(E) of this section, 2,550
payment of all allowable direct and indirect costs of the 2,552
district, the COUNTY sanitary engineer or sanitary engineering 2,554
department, or a federal or state grant program, incurred for the 2,555
SANITARY purposes of UNDER this chapter;, and shall be used 2,556
APPLIED second for TO the payment of interest or principal of 2,557
DEBT CHARGES PAYABLE ON any outstanding debt PUBLIC OBLIGATIONS 2,559
ISSUED OR incurred for the ACQUISITION OR construction of such 2,560
sewers or sewerage treatment or disposal works SANITARY 2,561
FACILITIES FOR OR SERVING THE DISTRICT, or for the creation 2,562
FUNDING of a sinking BOND RETIREMENT OR OTHER fund ESTABLISHED 2,563
for the payment of such debt OR SECURITY FOR THE OBLIGATIONS. 2,564
Any surplus thereafter remaining in such fund may be used for 2,566
APPLIED TO the enlargement, extension or replacement ACQUISITION 2,568
OR CONSTRUCTION of such sewers and sewerage treatment or disposal 2,570
works THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE 2,571
MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF 2,572
THOSE FACILITIES UNDER COOPERATIVE CONTRACTS. Money so collected 2,573
MONEYS IN THE SANITARY FUND shall not be expended otherwise OTHER 2,574
than for the use and benefit of such THE district. No provision 2,576
of this section shall limit or restrict the power and discretion 2,577
of the board to determine how much of the cost of such 2,578
improvements shall be borne by the county at large and how much 2,579
55
shall be specially assessed upon benefited properties, nor the 2,580
power to issue notes and bonds for the share to be borne by the 2,581
county and in anticipation of the levy or collection of special 2,582
assessments for the share to be specially assessed, nor the power 2,583
of the board to levy special assessments upon benefited
properties for operation and maintenance whenever the rents and 2,584
other funds available are not sufficient to pay all the cost 2,585
thereof. 2,586
(B)(D) THE BOARD MAY FIX REASONABLE RATES AND CHARGES, 2,588
INCLUDING CONNECTION CHARGES AND PENALTIES FOR LATE PAYMENTS, TO 2,589
BE PAID BY ANY PERSON OR PUBLIC AGENCY OWNING OR HAVING 2,590
POSSESSION OR CONTROL OF ANY PROPERTIES THAT ARE CONNECTED WITH, 2,591
CAPABLE OF BEING SERVED BY, OR OTHERWISE SERVED DIRECTLY OR 2,592
INDIRECTLY BY, DRAINAGE FACILITIES OWNED OR OPERATED BY OR UNDER 2,593
THE JURISDICTION OF THE COUNTY, INCLUDING, BUT NOT LIMITED TO, 2,594
PROPERTIES REQUIRING, OR LYING WITHIN AN AREA OF THE DISTRICT 2,595
REQUIRING, IN THE JUDGMENT OF THE BOARD, THE COLLECTION, CONTROL, 2,597
OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING
IN, INTO, OR THROUGH, THE DISTRICT, AND MAY CHANGE THOSE RATES 2,598
AND CHARGES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. THE 2,599
RATES AND CHARGES SHALL BE PAYABLE PERIODICALLY AS DETERMINED BY 2,600
THE BOARD, EXCEPT THAT ANY CONNECTION CHARGES SHALL BE PAID IN 2,601
FULL IN ONE PAYMENT, OR, IF DETERMINED BY THE BOARD TO BE 2,602
EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THOSE
CHARGES, PROVISION CONSIDERED ADEQUATE BY THE BOARD SHALL BE MADE 2,603
FOR THEIR PAYMENT IN INSTALLMENTS AT THE TIMES, IN THE AMOUNTS, 2,604
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 2,605
FOUND BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND APPROPRIATE. 2,606
THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES 2,607
BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND CHARGES 2,608
FOR THE SERVICES PROVIDED BY THE DRAINAGE FACILITIES.
WHEN ANY OF THE DRAINAGE RATES OR CHARGES ARE NOT PAID WHEN 2,610
DUE, THE BOARD MAY DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS 2,611
APPROPRIATE:
56
(1) CERTIFY THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,613
PENALTIES, TO THE COUNTY AUDITOR, WHO SHALL PLACE THEM UPON THE 2,614
REAL PROPERTY TAX LIST AND DUPLICATE AGAINST THE PROPERTY TO 2,615
WHICH THE RATES OR CHARGES APPLY. THE CERTIFIED AMOUNT SHALL BE 2,616
A LIEN ON THE PROPERTY FROM THE DATE PLACED ON THE REAL PROPERTY 2,617
TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN THE SAME MANNER
AS TAXES, EXCEPT THAT NOTWITHSTANDING SECTION 323.15 OF THE 2,618
REVISED CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT 2,619
AMOUNT WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF 2,620
THE UNPAID DRAINAGE RATES OR CHARGES AND ASSOCIATED PENALTIES. 2,621
THE LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF 2,622
THE CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,624
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,625
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,626
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,627
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,629
DRAINAGE SERVICE FOR THE PARTICULAR PROPERTY UNTIL THE UNPAID 2,630
RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN FULL; 2,631
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,633
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,634
DRAINAGE RATES AND CHARGES APPLICABLE TO THE PARTICULAR PROPERTY. 2,635
ALL MONEYS COLLECTED AS DRAINAGE RATES, CHARGES, OR 2,637
PENALTIES IN OR FOR ANY SEWER DISTRICT SHALL BE PAID TO THE 2,638
COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT DRAINAGE 2,639
FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE DISTRICT. 2,640
EXCEPT AS OTHERWISE PROVIDED IN ANY PROCEEDINGS AUTHORIZING OR
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF ANY PUBLIC 2,641
OBLIGATIONS, OR IN ANY INDENTURE OR TRUST OR OTHER AGREEMENT 2,642
SECURING PUBLIC OBLIGATIONS, MONEYS IN THE DRAINAGE FUND SHALL BE 2,643
APPLIED FIRST TO THE PAYMENT OF THE COST OF THE MANAGEMENT, 2,644
MAINTENANCE, AND OPERATION OF THE DRAINAGE FACILITIES OF, OR USED
OR OPERATED FOR, THE DISTRICT, WHICH COST MAY INCLUDE THE 2,645
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS 2,646
57
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,647
USE OF DRAINAGE FACILITIES AND, IN ACCORDANCE WITH A COST 2,648
ALLOCATION PLAN ADOPTED UNDER DIVISION (E) OF THIS SECTION, 2,649
PAYMENT OF ALL ALLOWABLE DIRECT AND INDIRECT COSTS OF THE
DISTRICT, THE COUNTY SANITARY ENGINEER OR SANITARY ENGINEERING 2,650
DEPARTMENT, OR A FEDERAL OR STATE GRANT PROGRAM, INCURRED FOR 2,651
DRAINAGE PURPOSES UNDER THIS CHAPTER, AND SHALL BE APPLIED SECOND 2,652
TO THE PAYMENT OF DEBT CHARGES PAYABLE ON ANY OUTSTANDING PUBLIC 2,653
OBLIGATIONS ISSUED OR INCURRED FOR THE ACQUISITION OR
CONSTRUCTION OF DRAINAGE FACILITIES FOR OR SERVING THE DISTRICT, 2,654
OR FOR THE FUNDING OF A BOND RETIREMENT OR OTHER FUND ESTABLISHED 2,655
FOR THE PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. ANY SURPLUS 2,656
REMAINING MAY BE APPLIED TO THE ACQUISITION OR CONSTRUCTION OF 2,657
THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE MADE, 2,658
OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF THOSE 2,659
FACILITIES UNDER COOPERATIVE CONTRACTS. MONEYS IN THE DRAINAGE 2,660
FUND SHALL NOT BE EXPENDED OTHER THAN FOR THE USE AND BENEFIT OF
THE DISTRICT. 2,661
(E) A board of county commissioners may adopt a cost 2,663
allocation plan that identifies, accumulates, and distributes 2,664
allowable direct and indirect costs that may be paid from EACH OF 2,665
the fund FUNDS of the district created in division (A) PURSUANT 2,667
TO DIVISIONS (C) AND (D) of this section, and THAT prescribes 2,669
methods for allocating those costs. The plan shall authorize 2,670
payment from the fund for EACH OF THOSE FUNDS OF only those costs 2,671
incurred by the district, the COUNTY sanitary engineer or 2,672
sanitary engineering department, or a federal or state grant 2,673
program, and those costs incurred by the general and other funds 2,674
of the county for a common or joint purpose, that are necessary 2,675
and reasonable for the proper and efficient administration of the 2,676
district under this chapter AND PROPERLY ATTRIBUTABLE TO THE 2,677
PARTICULAR FUND OF THE DISTRICT. The plan shall not authorize 2,678
payment from EITHER OF the fund FUNDS of any general government 2,680
expense required to carry out the overall governmental 2,681
58
responsibilities of a county. The plan shall conform to United 2,682
States office of management and budget Circular A-87, "Cost 2,683
Principles for State and, Local, AND INDIAN TRIBAL Governments," 2,684
published January 15 MAY 17, 1983 1995. 2,686
Sec. 6117.04. The authority of the A board of county 2,695
commissioners to provide sewer improvements and to ACQUIRE, 2,696
CONSTRUCT, maintain, and operate the same within SANITARY OR 2,698
DRAINAGE FACILITIES FOR A COUNTY sewer districts which include a 2,700
part or all of DISTRICT IN the territory within one or more OF A 2,702
municipal corporations CORPORATION, OR A REGIONAL DISTRICT 2,703
ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, THAT IS IN 2,704
WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT is the same as 2,706
provided by law WITH RESPECT TO TERRITORY within districts A 2,707
COUNTY SEWER DISTRICT THAT IS wholly outside of A municipal 2,710
corporations, including the levying of assessments. Such 2,711
authority shall be limited to main works only, and does not
include CORPORATION OR A REGIONAL DISTRICT, SUBJECT TO THE 2,712
FOLLOWING IN THE CASE OF FACILITIES WITHIN A MUNICIPAL 2,713
CORPORATION:
(A) THE ACQUISITION, construction and, maintenance, AND 2,716
OPERATION of lateral sewers for local service within such THE 2,718
FACILITIES SHALL FIRST BE AUTHORIZED BY AN ORDINANCE OR 2,719
RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE municipal
corporation. All 2,720
(B) ALL road surfaces, curbs, sidewalks, sewers, water 2,723
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 2,724
THAT MAY BE disturbed or damaged by such THE construction OF THE 2,725
FACILITIES shall be REPLACED OR restored to their original 2,727
condition within a reasonable time by the board COUNTY, and the 2,729
cost thereof shall be TREATED AS a part of the cost of such 2,730
improvement. After such main works are constructed, such THE 2,731
FACILITIES. 2,732
(C) THE municipal corporation, WITH THE PRIOR APPROVAL OF 2,735
OR BY AGREEMENT WITH THE BOARD, may MAKE use OF the same as an 2,736
59
outlet for branch and local sewers constructed by it for the 2,738
service and use only of that part of the municipal corporation 2,739
which lies within the area assessed or to be assessed for the 2,740
cost of such main works, subject to such FACILITIES IN ACCORDANCE 2,741
WITH rules and regulations as are established by the board and 2,744
subject to all ANY APPLICABLE requirements of the director of 2,745
environmental protection. 2,746
At any time after a district is established comprising or 2,748
including a part or all of the territory within any municipal 2,749
corporation, its legislative authority may by ordinance or 2,750
resolution authorize the board to proceed with the construction 2,751
or the maintenance, repair, and operation of any sewer 2,752
improvement for local service within such municipal corporation. 2,753
After such authority has been granted, the board may proceed with 2,754
the construction or the maintenance and operation of said 2,755
improvements in the same manner as provided by law for 2,756
improvements in districts wholly outside of municipal 2,757
corporations, under the same restrictions as provided in this 2,758
section for main works. 2,759
Sec. 6117.05. (A) Whenever any portion of a sewer 2,768
district is incorporated as, or annexed to, a municipal 2,769
corporation, the area so incorporated or annexed shall remain 2,770
under the jurisdiction of the board of county commissioners for 2,771
sewerage purposes, OF THE ACQUISITION AND CONSTRUCTION OF 2,772
SANITARY AND DRAINAGE FACILITY IMPROVEMENTS until all sewerage OF 2,773
THOSE improvements for said THE area for which detailed plans 2,775
have been prepared and the A resolution declaring the necessity 2,776
thereof DESCRIBED IN DIVISION (A) OR (E) OF SECTION 6117.06 OF 2,777
THE REVISED CODE has been adopted by the board have been ACQUIRED 2,780
OR completed, or until the board has abandoned such projects THE 2,782
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 2,783
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 2,784
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 2,785
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
60
MAINTENANCE, AND OPERATION OF ALL SANITARY AND DRAINAGE 2,787
FACILITIES SO ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR 2,788
COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND 2,789
CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE FACILITIES. THE
incorporation or annexation of any part of a district shall not 2,791
interfere with or render illegal any issue of bonds or 2,792
certificate of indebtedness made AFFECT THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED by 2,793
the board COUNTY FOR PURPOSES OF THIS CHAPTER to provide for the 2,795
payment of the cost of ACQUISITION, construction and, 2,797
maintenance, OR OPERATION of any sewer improvement SANITARY OR 2,798
DRAINAGE FACILITIES within such THE area, or with THE VALIDITY OF 2,799
any assessments levied or to be levied upon the property 2,800
PROPERTIES within such THE area to provide for the payment of the 2,802
cost of ACQUISITION, construction and, maintenance, OR OPERATION 2,804
OF THE FACILITIES.
(B) ANY COMPLETED SANITARY OR DRAINAGE FACILITIES ACQUIRED 2,806
OR CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 2,807
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 2,808
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 2,809
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 2,810
PART OF THE FACILITIES THAT SERVE A MUNICIPAL CORPORATION OR SUCH 2,811
AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE BOARD 2,812
AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON
TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. UPON AND AFTER 2,814
THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN, 2,815
AND OPERATE THE FACILITIES IN ACCORDANCE WITH THE AGREEMENT. THE 2,817
BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR PART OF ANY 2,818
FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT. NEITHER
THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE 2,819
LEGALITY OR ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR 2,820
INCURRED, TO PROVIDE FOR THE PAYMENT OF THE COST OF THE 2,821
ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION OF THE 2,822
FACILITIES OR ANY PART OF THEM, SHALL BE AFFECTED BY THE
61
CONVEYANCE. 2,823
Sec. 6117.06. (A) After the establishment of any sewer 2,832
district, the board of county commissioners shall, IF A SANITARY 2,834
OR DRAINAGE FACILITY IMPROVEMENT IS TO BE UNDERTAKEN, MAY have 2,835
prepared by the county sanitary engineer PREPARE, OR OTHERWISE 2,837
CAUSE TO BE PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a 2,839
general plan of sewerage and sewage disposal for such district, 2,840
OR DRAINAGE THAT IS as complete IN EACH CASE as can be made 2,841
DEVELOPED at that THE time AND THAT IS DEVISED WITH REGARD TO ANY 2,842
EXISTING SANITARY OR DRAINAGE FACILITIES IN THE DISTRICT AND 2,843
PRESENT AS WELL AS PROSPECTIVE NEEDS FOR ADDITIONAL SANITARY OR 2,844
DRAINAGE FACILITIES IN THE DISTRICT. After such THE general 2,845
plan, IN ORIGINAL OR REVISED FORM, has been approved by the 2,846
board, it shall MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 2,847
IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN 2,849
ACCORDANCE WITH THE PARTICULAR PLAN, DECLARING THAT THE 2,850
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 2,851
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 2,852
PART OF THE COST OF THE IMPROVEMENT. 2,853
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 2,855
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 2,856
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 2,857
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 2,858
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 2,859
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 2,860
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 2,861
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 2,862
(E) OF THIS SECTION AND BY SECTIONS 6117.07 TO 6117.24 OF THE 2,863
REVISED CODE. THOSE PROCEDURES ARE REQUIRED ONLY FOR 2,864
IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE TO BE LEVIED AND 2,865
COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 2,867
62
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 2,868
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 2,869
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 2,870
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 2,871
have prepared by the COUNTY sanitary engineer PREPARE, OR 2,873
OTHERWISE CAUSE TO BE PREPARED, detailed plans, specifications, 2,874
and estimates AN ESTIMATE of cost of such parts of FOR the 2,875
improvement as it is necessary to then construct, together with a 2,876
tentative assessment of the cost based on such THE estimate. 2,877
Such THE tentative assessment shall be for the information of 2,879
property owners, and shall not be LEVIED OR certified to the 2,880
county auditor for collection. Such THE detailed plans, 2,882
specifications, estimates ESTIMATE of cost, and tentative 2,884
assessment, so prepared by the sanitary engineer and IF approved 2,886
by the board, shall be carefully preserved in the office of the 2,887
board or the COUNTY sanitary engineer and shall be open to THE 2,888
inspection of all persons interested in such THE improvement. 2,889
(B)(D) After THE BOARD'S approval of the detailed plans, 2,892
specifications, estimates ESTIMATE of cost, and tentative 2,893
assessment, and at least twenty-four days before adopting a 2,895
resolution as required by PURSUANT TO division (C)(E) of this 2,897
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 2,898
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 2,899
BE SENT a notice of its intent to consider or adopt a THE 2,901
resolution to each owner of property PROPOSED TO BE ASSESSED that 2,903
is listed on the records of the county auditor for current 2,905
agricultural use value taxation pursuant to section 5713.31 of 2,906
the Revised Code and that is not located in an agricultural 2,907
district established under section 929.02 of the Revised Code. 2,908
The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 2,910
(2) Specify the proposed date of the adoption of the 2,912
resolution; 2,913
(3) Contain a statement that the project IMPROVEMENT will 2,915
63
be financed in whole or in part by special assessments and that 2,917
all owners of property PROPERTIES not located in an agricultural 2,918
district established pursuant to section 929.02 of the Revised 2,920
Code may be subject to a special assessment; and 2,921
(4) Contain a statement that an agricultural district may 2,923
be established by filing an application with the county auditor. 2,924
If it appears, by the return of the mailed notices or by 2,926
other means, that one or more of the AFFECTED owners of property 2,928
cannot be found or are not served by the mailed notice, the board 2,929
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 2,930
newspaper of general circulation within IN the county not later 2,932
than ten days before the adoption of the resolution. 2,933
(C)(E) After complying with divisions (A), (C), and (B)(D) 2,936
of this section, the board shall MAY adopt a resolution declaring 2,937
that such THE improvement, describing the same WHICH SHALL BE 2,939
DESCRIBED AS TO ITS NATURE and the ITS location, route, and 2,940
termini thereof, is necessary for the preservation and promotion 2,941
of THE public health and welfare, referring to the plans, 2,942
specifications, estimates ESTIMATE of cost, and tentative 2,943
assessments ASSESSMENT, stating the place where they are on file 2,945
and may be examined, and what part of PROVIDING THAT the ENTIRE 2,946
cost OR A LESSER DESIGNATED PART OF THE COST will be paid by the 2,947
county at large and what part will be specially assessed against 2,949
the benefited property PROPERTIES within the district AND THAT 2,950
ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 2,951
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 2,953
description of the boundaries of that part of the district to be 2,954
assessed, and may include the estimated cost of maintaining the 2,955
improvement for one year. The resolution shall designate a time 2,956
and place, to be fixed by the board, when and where FOR
objections to the improvement, to the tentative assessment, or to 2,957
the boundaries of the assessment district will TO be heard by the 2,959
board. The date of such THAT hearing shall be not less than 2,960
twenty-four days after the date of the first publication of the 2,961
64
notice OF THE HEARING required by this section DIVISION. The 2,963
THE board shall publish CAUSE a notice of the hearing TO BE 2,967
PUBLISHED once a week for two consecutive weeks in a newspaper of 2,969
general circulation within IN the county, and on or before the 2,970
date of the second publication, IT shall send CAUSE TO BE SENT by 2,971
ordinary first class or certified mail a copy of the notice to 2,972
every owner of property to be assessed for such THE improvement 2,973
whose address is known. The 2,975
THE notice shall set forth the time and place of such THE 2,977
hearing, a summary description of the proposed improvement, 2,978
including its general route and termini, a summary description of 2,979
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 2,981
the place where the plans, specifications, estimates ESTIMATE of 2,982
cost, and tentative assessments ASSESSMENT are on file and may be 2,984
examined. The EACH MAILED notice shall also SHALL include a 2,985
statement that the property of the addressee will be assessed for 2,986
such THE improvement. THE NOTICE ALSO 2,987
Notice of such hearing shall be mailed SENT BY FIRST CLASS 2,989
OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND 2,990
PUBLICATION, to the clerk, OR TO THE OFFICIAL DISCHARGING THE 2,991
DUTIES OF A CLERK, of any municipal corporation any part of which 2,993
lies within the assessment district AND SHALL STATE WHETHER OR 2,994
NOT ANY PROPERTY BELONGING TO THE MUNICIPAL CORPORATION IS TO BE 2,995
ASSESSED AND, IF SO, SHALL IDENTIFY THAT PROPERTY. 2,996
A AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 2,999
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 3,001
the time and place fixed by such resolution and notice WHOSE 3,002
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 3,003
indorsements ENDORSEMENTS of the proposed improvement or the, ITS 3,004
character and termini thereof, the boundaries of the assessment 3,006
district, or the tentative assessment shall be received by the 3,007
board for a period of five days after the COMPLETION OF THE 3,008
hearing. No, AND NO action shall be taken by the board in the 3,010
65
matter until after such THAT period has elapsed. The minutes of 3,011
the hearing shall be entered on the journal of the board, showing 3,013
the persons who appear in person or by attorney. All, AND ALL 3,014
written objections shall be preserved and filed in the office of 3,016
the board.
Sec. 6117.08. After the passage ADOPTION of the A 3,025
resolution to proceed with an improvement as provided for in 3,027
section 6117.07 of the Revised Code, no further action THE 3,028
CONSTRUCTION OF THE IMPROVEMENT shall be taken or work done in 3,029
connection therewith DEFERRED until ten days have elapsed. If, 3,031
at the expiration of such THAT period, no appeal has been 3,032
effected by any property owner, as provided in sections 6117.09 3,034
to 6117.24, inclusive, of the Revised Code, the action of the 3,035
board OF COUNTY COMMISSIONERS shall be final, and the board may 3,037
proceed to issue and sell bonds or certificates of indebtedness 3,038
INCUR PUBLIC OBLIGATIONS and to construct such THE improvement. 3,039
If, at the end of THAT ten days, any owner of property to be 3,041
assessed or taxed for the improvement has effected such AN 3,042
appeal, then said work THE CONSTRUCTION OF THE IMPROVEMENT shall 3,044
not be proceeded with DEFERRED until the matters appealed from 3,045
have been disposed of in court. 3,046
Sec. 6117.23. The final judgment of the probate court may 3,055
be reviewed on appeal as in other cases. If AN appeal is 3,056
prosecuted from the judgment of the probate court as to the 3,057
question of necessity of the improvement, no action shall be 3,058
taken by the board of county commissioners in proceeding with THE 3,059
CONSTRUCTION OF the improvement SHALL BE DEFERRED until such THE 3,061
appeal is finally disposed of. If an appeal is prosecuted from 3,062
the judgment of the court as to the inclusion of any property in 3,063
the assessment district or as to the apportionment of the 3,064
tentative assessment, the board OF COUNTY COMMISSIONERS may 3,065
proceed with the CONSTRUCTION OF THE improvement in accordance 3,066
with the transcript of the probate court and shall thereafter 3,068
SHALL adjust such THOSE matters TO THE EXTENT NECESSARY in 3,069
66
accordance with the THEIR final adjudication in regard thereto. 3,071
Sec. 6117.251. (A) After the establishment of any COUNTY 3,080
sewer district, the board of county commissioners may determine 3,082
by resolution that it is necessary to provide sewer and sewage 3,083
disposal SANITARY OR DRAINAGE FACILITY improvements and to 3,085
maintain and operate the same IMPROVEMENTS within the sewer 3,087
district or a designated portion thereof and OF THE DISTRICT, 3,088
that such sewer and sewage disposal THE improvements, WHICH SHALL 3,089
BE generally described in such THE resolution, shall be 3,091
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 3,092
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 3,093
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS 3,094
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution, the 3,096
board of county commissioners shall give notice of the ITS 3,098
pendency thereof and of the proposed determination of the 3,100
necessity of the improvements therein generally described, which 3,101
IN THE RESOLUTION. THE notice shall set forth a description of 3,103
the properties to be benefited by the improvements and the time 3,104
and place of A hearing of objections to and endorsements of the 3,106
improvements. Such THE notice shall be given EITHER by 3,107
publication in a newspaper of general circulation IN THE COUNTY 3,108
once a week for two consecutive weeks, OR BY MAILING A COPY OF 3,110
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 3,111
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 3,112
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 3,113
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 3,115
date set for the hearing. At such THE hearing, or at any 3,116
adjournment thereof OF THE HEARING, of which no further published 3,118
OR MAILED notice need be given, the board of county commissioners 3,119
shall hear all persons whose properties are proposed to be 3,120
assessed, and such THE evidence as is deemed IT CONSIDERS to be 3,121
necessary, and shall. THE BOARD then SHALL determine the 3,123
necessity of the proposed improvement, IMPROVEMENTS and in 3,124
67
addition shall determine whether such THE improvements shall be 3,126
made by the board of county commissioners and, IF THEY ARE TO BE 3,127
MADE, shall direct the preparation of tentative assessments upon 3,129
the benefited properties and by whom they shall be prepared. 3,130
Thereupon in (C) IN order to obtain funds for the 3,132
preparation of a general OR REVISED GENERAL plan of sewers or 3,134
sewers and sewage disposal works SEWERAGE OR DRAINAGE for such 3,136
THE district or part thereof and OF THE DISTRICT, FOR THE 3,137
PREPARATION OF the detailed plans, specifications, estimates 3,138
ESTIMATE of cost, preparation of the AND tentative assessment FOR 3,140
THE PROPOSED IMPROVEMENTS, and FOR the cost of financing and 3,141
legal services incident to the preparation of all of such THOSE 3,142
plans and a plan of financing the proposed improvement 3,144
IMPROVEMENTS, the board of county commissioners may levy upon the 3,146
property PROPERTIES to be benefited in such THE district a 3,147
preliminary assessment apportioned according to benefits or to 3,148
tax valuation or partly by one method and partly by the other, 3,149
METHOD as the board of county commissioners may determine. Such 3,151
THE assessments shall be in the amount determined to be necessary 3,153
to obtain funds for such THE general and detailed plans and such 3,154
costs THE COST of financing and legal services and shall be 3,156
payable in such THE number of years as THAT the board of county 3,157
commissioners shall determine, not to exceed twenty years, 3,159
together with interest on any notes which PUBLIC OBLIGATIONS THAT 3,160
may be issued OR INCURRED in anticipation of the collection of 3,162
such THE assessments.
(D) The board of county commissioners shall have power at 3,164
any time to levy additional assessments according to benefits or 3,166
to tax valuation or partly by one method and partly by the other, 3,167
METHOD as the board of county commissioners may determine for 3,169
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 3,171
such THE BENEFITED properties to complete the payment of such THE 3,173
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 3,174
cost of any additional plans, specifications, estimates ESTIMATE 3,176
68
of cost, OR tentative assessments ASSESSMENT and the cost of 3,178
financing and legal services incident to the preparation of such 3,179
THOSE plans and such THE plan of financing, which additional 3,180
assessments shall be payable in such THE number of years as THAT 3,182
the legislative authority BOARD shall determine, not to exceed 3,183
twenty years, together with interest on any notes and bonds which 3,185
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 3,187
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 3,188
(E) Prior to the adoption of the A resolution levying such 3,191
assessments UNDER THIS SECTION, the board shall give at least ten 3,192
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 3,194
general circulation in the county which shall state, OR BY
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 3,195
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 3,196
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 3,197
PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS 3,198
PRIOR TO the time and place when and where such DATE OF THE 3,200
MEETING AT WHICH THE resolution shall be taken up for 3,201
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 3,202
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 3,204
time and place OF THE MEETING, or at any adjournment thereof OF 3,205
THE MEETING, of which no further published OR MAILED notice need 3,206
be given, the board shall hear all persons whose properties are 3,207
proposed to be assessed, shall correct any errors and make any 3,208
revisions that appear to be necessary or just, and may then pass 3,209
MAY ADOPT a resolution levying upon the properties determined to 3,211
be benefited such THE assessments as so corrected and revised. 3,212
The assessments levied by such THE resolution shall be 3,214
certified to the county auditor for collection IN THE SAME MANNER 3,216
as other taxes in the year or years in which they are payable. 3,218
(F) Upon the adoption of such THE resolution DESCRIBED IN 3,221
DIVISION (E) OF THIS SECTION, no further action shall be taken or 3,223
work done until ten days have elapsed. If, at the expiration of 3,224
such THAT period, no appeal has been effected by any property 3,226
69
owner as herein provided IN THIS DIVISION, the action of the 3,227
board shall be final. If, at the end of THAT ten days, any owner 3,228
of property to be assessed for the improvement IMPROVEMENTS has 3,230
effected such an appeal then, no further action shall be taken 3,232
and no work done in connection with such THE improvements under 3,233
said THE resolution until the matters appealed from have been 3,235
disposed of in court.
Any owner of property to be assessed may appeal as provided 3,237
and upon the grounds stated in sections 6117.09 to 6117.24, 3,238
inclusive, of the Revised Code. 3,239
If no appeal has been perfected or if on appeal the 3,241
resolution of award of county commissioners THE BOARD is 3,242
sustained, the board of county commissioners may authorize AND 3,244
ENTER INTO contracts to carry out the purposes for which such THE 3,246
assessments have been levied without the prior issuance of notes, 3,248
provided that the payments due by the board of county 3,249
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 3,250
time in BY which such THE assessments shall ARE TO be collected. 3,252
The board of county commissioners shall also have power to MAY 3,253
issue and sell its bonds with a maximum maturity of twenty years 3,255
in anticipation of the collection of such THE assessments and may 3,256
issue its notes in anticipation of the issuance of such THE 3,258
bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 3,259
issued and sold as provided in Chapter 133. of the Revised Code. 3,261
Sec. 6117.28. Whenever the owners of all the lots and 3,270
lands to be benefited by, and to be assessed for, any sewer 3,271
SANITARY OR DRAINAGE FACILITY improvement or sewage treatment 3,273
works, provided for in sections 6117.01 to 6117.45, inclusive, of 3,274
the Revised Code THIS CHAPTER, by petition in writing, request 3,276
the board of county commissioners to provide for the ACQUISITION
OR construction, maintenance, and operation of any such 3,278
improvements THE IMPROVEMENT, describing the improvements desired 3,280
IMPROVEMENT and the lots and lands owned by them respectively to 3,281
be assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 3,282
70
maintenance, AND OPERATION of such improvements, THE IMPROVEMENT 3,284
and consenting that their said lots and lands may be assessed to 3,285
pay the cost of such improvements THE ACQUISITION OR CONSTRUCTION 3,286
OF THE IMPROVEMENT and of ITS maintenance and operation as 3,287
provided in such sections THIS CHAPTER, and waive notice and the 3,288
publication of all resolutions and legal notices provided for in 3,290
such sections OTHERWISE REQUIRED, the board shall MAY HAVE THE 3,293
COUNTY SANITARY ENGINEER prepare, OR OTHERWISE CAUSE TO BE 3,294
PREPARED, the necessary plans, specifications, and estimates 3,296
ESTIMATE of cost of THE ACQUISITION OR construction, maintenance, 3,297
and operation thereof, OF THE IMPROVEMENT and a tentative 3,298
assessment. When all the owners of the lots and lands to be 3,300
benefited by and assessed for the proposed improvements state, in 3,301
writing, that they have examined the estimated ESTIMATE OF cost 3,302
and tentative assessment as made by the county sanitary engineer, 3,305
that they have no objection thereto OBJECTIONS TO THEM, and that, 3,307
in case bonds are sold PROPOSED TO BE ISSUED prior to the 3,309
ACQUISITION OR construction of the improvements IMPROVEMENT, they 3,311
waive their right of OR option to pay the assessments in cash, 3,313
then the board shall MAY proceed, as provided in such sections, 3,315
THIS CHAPTER to cause such improvements THE IMPROVEMENT to be 3,316
ACQUIRED OR constructed and TO CAUSE provision to be made for the 3,318
payment of the cost of ITS ACQUISITION OR construction, 3,320
maintenance, and operation in accordance with such sections, 3,321
except that none of the notices or publications OTHERWISE 3,322
required by law need be made nor any GIVEN AND NO opportunity 3,323
NEED be given PROVIDED for THE filing of objections to the 3,325
improvement, ITS CHARACTER AND TERMINI, THE BOUNDARIES OF THE 3,326
ASSESSMENT DISTRICT, or to the TENTATIVE assessment or, if bonds 3,328
have been sold ARE ISSUED PRIOR TO THE ACQUISITION OR 3,329
CONSTRUCTION OF THE IMPROVEMENT, for paying the assessments in 3,330
cash. The board shall forthwith MAY proceed to authorize and 3,332
issue bonds or certificates INCUR PUBLIC OBLIGATIONS IN THE 3,334
REQUIRED AMOUNT, COMPLETE THE ACQUISITION OR CONSTRUCTION of 3,335
71
indebtedness THE IMPROVEMENT, and levy and collect the 3,336
assessments authorized in sections 6117.01 to 6117.40, inclusive, 3,338
of the Revised Code BY THIS CHAPTER. No person, firm, or 3,339
corporation may PUBLIC AGENCY SHALL HAVE THE RIGHT TO appeal from 3,340
any decision or action of the board in the matter except refusal 3,343
by the board to proceed with such THE improvement. The 3,344
THE tentative assessment provided for in this section shall 3,347
be for the information of property owners and shall not be LEVIED 3,348
OR certified to the county auditor for collection. On completion 3,350
of the work IMPROVEMENT, the ITS cost thereof shall be 3,351
determined, including incidental expense as defined in sections 3,353
6117.01 to 6117.40, inclusive, of the Revised Code, and a revised 3,355
assessment shall be prepared by the COUNTY sanitary engineer 3,356
SHALL PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, A REVISED 3,357
ASSESSMENT based on such THE actual cost and in substantially the 3,359
same proportion as the tentative assessment. The board shall 3,361
confirm such AND LEVY THE revised assessment and certify the same 3,363
IT to the COUNTY auditor for collection. 3,364
Sec. 6117.29. The cost of any improvement provided for in 3,373
sections 6117.01 to 6117.40, inclusive, of the Revised Code, THIS 3,374
CHAPTER and the cost of the ITS maintenance and operation thereof 3,376
shall include, in addition to the cost of ITS ACQUISITION OR 3,378
construction, the cost of engineering, necessary publications, 3,379
inspection, interest on certificates of indebtedness or on bonds 3,380
PUBLIC OBLIGATIONS, and all other items of cost incident to such 3,382
THE improvement AS DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF 3,383
THE REVISED CODE. The county may pay FROM AVAILABLE COUNTY FUNDS 3,384
any part of the cost of such THE improvement and ANY PART of the 3,385
COST OF ITS maintenance and operation thereof if the board of 3,387
county commissioners deems such CONSIDERS THE payment TO BE just. 3,388
Sec. 6117.30. The cost and expense of the ACQUISITION OR 3,397
construction of a main, branch or intercepting sewer or sewerage 3,399
treatment or disposal works SANITARY OR DRAINAGE FACILITIES to be 3,400
paid by assessment ASSESSMENTS shall be assessed, as an 3,401
72
assessment district assessment, upon all the property within such 3,403
THE COUNTY SEWER district found to be benefited in accordance 3,404
with the special benefits conferred, less such ANY part of said 3,405
THE cost as THAT is paid by the county at large, and state lands 3,407
FROM OTHER AVAILABLE FUNDS. STATE LAND so benefited shall bear 3,409
its proportion PORTION of THE assessed cost according to special 3,410
benefit. 3,411
Sec. 6117.32. The county sanitary engineer, upon the 3,420
completion of any improvement under sections 6117.01 to 6117.45, 3,421
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 3,422
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 3,424
present to the board of county commissioners a revised 3,425
assessment, based on the tentative assessment previously ratified 3,426
by the board for such THE improvement, or, if such THE tentative 3,428
assessment has been revised by order of court, BASED on such THE 3,430
revised tentative assessment, the assessment levied on each piece 3,432
of property being modified in substantially the same proportion 3,433
as the actual cost of the work IMPROVEMENT, including incidental 3,434
costs provided for in sections 6117.01 to 6117.40, inclusive, of 3,436
the Revised Code, bears to the estimated cost on which such THE 3,437
tentative assessment was based. No notice of such THE revised 3,439
assessment shall be given unless such THE actual cost exceed 3,441
EXCEEDS the estimated cost. If the actual cost exceeds the 3,442
estimated cost, notice shall be given TO all property owners 3,443
within the assessment district and shall be published as provided 3,444
BY SECTION 6117.07 OF THE REVISED CODE for amendments of the
tentative assessment. Any, AND ANY property owner may appeal as 3,446
provided for in THE case of A tentative assessments ASSESSMENT. 3,448
The board shall confirm such THE revised assessment, and, when so 3,450
confirmed, the same is IT SHALL BE final AND CONCLUSIVE. If an 3,453
appeal has been made, as provided in this section, such THAT 3,454
confirmation shall be subject to the finding of the court. The 3,455
THE board may, at such intervals as it deems CONSIDERS 3,459
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 3,461
73
and parcels of land specified in said notice of assessment and 3,462
levy taxes upon the taxable property of the district so improved 3,463
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 3,464
pay the cost of the maintenance, REPAIR, and operation of any 3,466
such THE improvement, including disposal of sewage, after ITS 3,467
completion thereof, and for the purpose of keeping clean and in 3,468
repair ditches, drains and water-courses serving such 3,469
improvements. No FURTHER notice shall be necessary of such 3,471
maintenance, repair, or operation THAT ADDITIONAL assessment 3,472
SHALL BE NECESSARY unless the amount thereof OF IT exceeds ten 3,474
per cent of the original cost of the construction ACQUIRING OR 3,475
CONSTRUCTING THE IMPROVEMENT. If such maintenance, repair, and 3,476
operation THAT ADDITIONAL assessment exceeds ten per cent of the 3,478
original cost of the construction ACQUIRING OR CONSTRUCTING THE 3,479
IMPROVEMENT, the METHOD AND manner of making said THAT ADDITIONAL 3,480
assessment, together with the notice thereof OF IT, shall be the 3,482
same as provided in sections 6117.01 to 6117.45, inclusive, of 3,484
the Revised Code, THIS CHAPTER for the original assessment. THAT 3,485
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 3,486
PROVISIONS OF SECTION 6117.33 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE AS THE BOARD 3,487
DETERMINES TO BE APPROPRIATE.
Sec. 6117.34. Whenever the legislative authority or board 3,496
of health, or the officers performing the duties of the 3,497
legislative authority or board of health, of a municipal 3,498
corporation, the board of health of a general health district, or 3,499
a board of township trustees makes complaint, in writing, to the 3,500
environmental protection agency that unsanitary conditions exist 3,501
in any county, the AGENCY'S director of environmental protection 3,502
shall forthwith SHALL inquire into and investigate the conditions 3,504
complained of. If, upon investigation of such THE complaint, the 3,506
director finds that it is necessary for the public health and 3,507
welfare that sewer improvements or sewage treatment or disposal 3,508
works SANITARY OR DRAINAGE FACILITIES be ACQUIRED OR constructed, 3,510
74
maintained, and operated for the service of TO SERVE any 3,511
territory outside of municipal corporations in any county, the 3,512
director shall notify the board of county commissioners of such 3,513
THE county of its THAT finding AND ORDER THAT CORRECTIVE ACTION 3,515
BE TAKEN. The board shall obey such THE order and proceed as 3,517
provided in sections 6117.01 to 6117.45 of the Revised Code, THIS 3,518
CHAPTER to establish A COUNTY sewer districts DISTRICT, IF 3,519
REQUIRED, TO provide THE necessary funds, and TO ACQUIRE OR 3,521
construct such sewers or treatment works THE FACILITIES, or AND 3,523
TO maintain, repair, or AND operate the same FACILITIES, as are 3,524
required by such THE order and in such A manner as THAT is 3,526
satisfactory to the director. Any PART or all of the cost of 3,528
such improvement THE FACILITIES or OF THE maintenance AND 3,529
OPERATION OF THE FACILITIES may be assessed upon the property 3,530
benefited PROPERTIES as provided in sections 6117.01 to 6117.45 3,531
of the Revised Code THIS CHAPTER. 3,532
Sec. 6117.38. (A) At any time after the formation of any 3,541
COUNTY sewer district, the board of county commissioners, when it 3,543
deems CONSIDERS it expedient APPROPRIATE, on application by a 3,545
corporation, individual, PERSON or public institution AGENCY FOR 3,547
THE PROVISION OF SEWERAGE OR DRAINAGE TO PROPERTIES OF THE PERSON 3,548
OR PUBLIC AGENCY LOCATED outside of any THE district, may 3,549
contract with such corporation, individual, THE PERSON or public 3,550
institution AGENCY for depositing sewage OR DRAINAGE from 3,552
premises outside such district THOSE PROPERTIES in the sewers 3,554
FACILITIES ACQUIRED OR constructed or to be ACQUIRED OR 3,555
constructed BY THE COUNTY to serve such THE district and for the 3,557
treatment or, disposal thereof, AND DISPOSITION OF THE SEWAGE OR 3,558
DRAINAGE, on such terms as THAT the board deems CONSIDERS 3,560
equitable. The amount to be paid BY THE PERSON OR PUBLIC AGENCY 3,561
TO REIMBURSE THE COUNTY FOR COSTS OF ACQUIRING OR CONSTRUCTING 3,562
THOSE FACILITIES shall not be less than the original OR 3,563
COMPARABLE assessment for similar property within the district 3,565
OR, and such IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE 3,566
75
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE
AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE 3,567
FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. THE 3,568
board shall appropriate any moneys received for such THAT service 3,570
to and for the use and benefit of such THE district. When the 3,572
THE board deems it necessary to contract with a corporation, 3,574
individual, or public institution for depositing sewage from 3,575
premises outside such district in the sewers constructed or to be 3,576
constructed to serve such district, it shall so determine by 3,577
resolution, and may collect said THE amount in cash TO BE PAID BY 3,579
THE PERSON OR PUBLIC AGENCY IN FULL, IN CASH OR IN INSTALLMENTS 3,580
AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN ACCORDANCE 3,581
WITH DIVISION (B) OR (D) OF SECTION 6117.02 OF THE REVISED CODE, 3,582
or IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE COUNTY, 3,583
the same AMOUNT may be assessed against said lots or parcels of 3,585
land THOSE PROPERTIES, and, IN THAT EVENT, the manner of making 3,587
said THE assessment, together with the notice thereof OF IT, 3,588
shall be the same as provided in sections 6117.01 to 6117.40, 3,590
inclusive, of the Revised Code, for the original assessment THIS 3,591
CHAPTER.
(B) Whenever sewers SANITARY OR DRAINAGE FACILITIES have 3,594
been ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a 3,595
corporation, individual, PERSON or public institution at its own 3,596
cost for the purpose of providing sewerage for any allotment, 3,597
development, subdivision, or similar enterprise, or for any 3,598
institution, AGENCY and the board deems CONSIDERS it expedient 3,600
APPROPRIATE to acquire said sewers THE FACILITIES or any part 3,601
thereof OF THEM for the purpose of providing sewerage for OR 3,603
DRAINAGE SERVICE TO territory outside the allotment, subdivision, 3,604
development, or other such enterprise for which such sewers were 3,605
constructed, such additional territory being within a SEWER 3,606
district, the county sanitary engineer, AT THE DIRECTION OF THE 3,607
BOARD, shall examine said sewers THE FACILITIES. If he THE 3,608
COUNTY SANITARY ENGINEER finds such sewers THE FACILITIES 3,611
76
properly designed and constructed he, THE COUNTY SANITARY 3,612
ENGINEER shall make an appraisal of the present value of said 3,614
sewers or parts thereof to the district as a means of providing 3,615
sewerage for such territory outside the allotment, subdivision, 3,616
development, or similar enterprise for which it was originally 3,617
constructed and shall certify the same THAT FACT to the board. 3,618
In such appraisal no allowance shall be made for the value of 3,620
such sewers to the territory for the service of which it was 3,621
originally constructed. The board by resolution may determine to 3,622
purchase said sewers THE FACILITIES OR ANY PART OF THEM at a cost 3,623
not to exceed the present value of said sewers as certified by 3,625
THAT, AFTER CONSULTATION WITH the COUNTY sanitary engineer, IT 3,626
FINDS TO BE REASONABLE. For 3,627
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 3,629
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6117.06 OF 3,631
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY 3,632
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for said 3,634
sewers and the maintenance thereof COST OF THEIR ACQUISITION, the 3,635
board may issue bonds or certificates of indebtedness INCUR 3,636
PUBLIC OBLIGATIONS and assess the ENTIRE COST, OR A LESSER 3,637
DESIGNATED PART OF THE cost, OF THEIR ACQUISITION against the 3,639
benefited property PROPERTIES in the same manner as provided by 3,641
sections 6117.01 to 6117.40, inclusive, of the Revised Code, IN 3,642
THIS CHAPTER for the construction of an original sewer OR 3,643
COMPARABLE FACILITIES.
Sec. 6117.39. Whenever, in the opinion of the board of 3,652
county commissioners, it is necessary to procure ACQUIRE real 3,653
estate, a right of way, or an easement ANY INTEREST IN REAL 3,655
ESTATE for the ACQUISITION, construction, maintenance, or 3,656
operation of any sewer, DRAINAGE, or other improvement authorized 3,658
by sections 6117.01 to 6117.45, inclusive, of the Revised Code 3,659
THIS CHAPTER, or TO ACQUIRE the right to construct, maintain, and 3,661
operate such THE sewer, DRAINAGE, or other improvement in and 3,663
upon any property within or without OUTSIDE OF a COUNTY sewer 3,665
77
district, it may purchase the same, or if such REAL ESTATE, 3,666
INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION. IF THE board
and the owners thereof OWNER OF THE REAL ESTATE, INTEREST IN REAL 3,668
ESTATE, OR RIGHT are unable to agree upon its purchase and sale, 3,670
or the amount of damages to be awarded therefor FOR IT, the board 3,671
may appropriate such THE real estate, right of way, easement 3,673
INTEREST, or right. Such proceedings shall be had as are 3,674
provided for in ACCORDANCE WITH sections 163.01 to 163.22, 3,675
inclusive, of the Revised Code. 3,676
Sec. 6117.41. The AT ANY TIME AFTER THE FORMATION OF ANY 3,685
COUNTY SEWER DISTRICT, THE board of county commissioners of any 3,686
county or the legislative authority of any municipal corporation 3,687
may enter into a contract, upon such THE terms and for such THE 3,689
period of time as THAT are mutually agreed upon, with any other 3,690
county or municipal corporation PUBLIC AGENCY to prepare all 3,692
necessary plans and estimates of cost, AND to connect ACQUIRE OR 3,694
CONSTRUCT any sewers of such county or municipal corporation with 3,696
any sewers constructed, SANITARY or DRAINAGE FACILITIES THAT ARE 3,697
to be constructed, USED JOINTLY by any other county or municipal 3,698
corporation THE CONTRACTING PARTIES, and to provide for the 3,700
MAINTENANCE, OPERATION, AND joint use by such THE contracting 3,701
parties of such sewers and of any sewage treatment or disposal 3,702
works of such county or municipal corporation THOSE FACILITIES OR 3,703
THE MAINTENANCE, OPERATION, AND JOINT USE OF ANY SUITABLE 3,704
EXISTING SANITARY OR DRAINAGE FACILITIES BELONGING TO EITHER OF 3,705
THE CONTRACTING PARTIES.
Sec. 6117.42. All contracts under section 6117.41 of the 3,714
Revised Code shall provide for THE payment OF COMPENSATION to the 3,716
county or municipal corporation OTHER PUBLIC AGENCY owning, 3,717
ACQUIRING, OR constructing, or about AGREEING to ACQUIRE OR 3,718
construct a sewer or sewage treatment or disposal works, THE 3,720
SANITARY OR DRAINAGE FACILITIES to be jointly used, of the IN AN 3,721
amount agreed upon by the county or municipal corporation so 3,722
contracting for the joint use thereof AS THE OTHER PARTY'S SHARE 3,723
78
OF THE COST OF ACQUIRING OR CONSTRUCTING THE FACILITIES. THE 3,724
CONTRACT ALSO SHALL PROVIDE FOR PAYMENT OF COMPENSATION TO THE 3,725
COUNTY OR OTHER PUBLIC AGENCY OWNING, ACQUIRING, OR CONSTRUCTING 3,726
THE FACILITIES AND OPERATING AND MAINTAINING THEM IN AN AMOUNT 3,727
AGREED UPON AS THE OTHER PARTY'S SHARE OF THE COST OF OPERATING 3,728
AND MAINTAINING THEM OR, IN LIEU OF ALL OTHER OR DIFFERING
PAYMENTS, AND AGREED PRICE PER UNIT OF FLOW. Any such A county 3,730
or municipal corporation OTHER PUBLIC AGENCY owning, ACQUIRING, 3,731
OR constructing, or agreeing to ACQUIRE OR construct, any such 3,733
sewer improvement or sewage treatment works, as provided in 3,735
sections 6117.41 to 6117.44 of the Revised Code, OF THE
FACILITIES and permitting the AGREEING TO THEIR use thereof by 3,737
such other county or municipal corporation, ANOTHER PUBLIC AGENCY 3,739
shall retain full control and management of the ACQUISITION, 3,740
construction, maintenance, repair, and operation of such sewer 3,741
improvement and sewage treatment or disposal works, THE 3,742
FACILITIES, UNLESS OTHERWISE PROVIDED IN THE CONTRACT AND except, 3,743
IN THE CASE OF A COUNTY, when conveyed to a municipal corporation 3,745
as provided in this DIVISION (B) OF section 6117.05 OF THE 3,746
REVISED CODE. Any such contract before going into effect shall 3,748
be approved by RELATING TO FACILITIES UNDER THE JURISDICTION OF 3,749
the director of environmental protection SHALL BE APPROVED BY THE 3,750
DIRECTOR BEFORE GOING INTO EFFECT. Any completed sewer 3,751
improvement or sewage treatment works constructed under sections 3,752
6117.01 to 6117.45 of the Revised Code, for the use of any sewer 3,753
district and located within any municipal corporation or within 3,754
any area which may be annexed to or incorporated as a municipal 3,755
corporation, may by mutual agreement between the board of county 3,756
commissioners and such municipal corporation be conveyed to such 3,757
municipal corporation, which shall thereafter maintain and 3,758
operate such sewer improvement or sewage treatment works. The 3,759
board may retain the right to joint use of such sewers or 3,760
treatment works for the benefit of the district. The validity of 3,761
any assessments levied to provide means for the payment of the 3,762
79
cost of construction or maintenance of such sewer improvement or 3,763
sewage treatment works or any part thereof shall not be affected 3,764
by such conveyance. 3,765
Sec. 6117.43. The A county or municipal corporation OTHER 3,775
PUBLIC AGENCY contracting under section AS PROVIDED IN SECTIONS 3,777
6117.41 AND 6117.42 of the Revised Code for the joint use of any 3,779
sewer or sewage treatment or disposal works SANITARY OR DRAINAGE
FACILITIES ACQUIRED OR constructed, or to be ACQUIRED OR 3,781
constructed, by another county or municipal corporation PUBLIC 3,782
AGENCY may provide for payment of the agreed compensation by the 3,783
levy of taxes, OR special assessments, or FROM SANITARY sewer 3,785
rentals OR DRAINAGE RATES AND CHARGES, as provided in IF AND TO 3,786
THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the laws 3,787
governing such county or municipal corporation IT in the
ACQUISITION, construction, maintenance, repair, or operation of a 3,789
sewer improvement or sewage treatment or disposal works THE 3,790
FACILITIES TO PROVIDE FOR PAYMENT OF THE COSTS IN RESPECT OF 3,791
WHICH THE COMPENSATION IS DUE FROM THOSE SOURCES, and may issue 3,792
bonds OR INCUR PUBLIC OBLIGATIONS as provided by such THOSE laws 3,794
in anticipation of such taxes or assessments AND PAY THE DEBT 3,795
CHARGES ON THOSE OBLIGATIONS FROM THOSE SOURCES IF AND TO THE 3,796
EXTENT SO AUTHORIZED.
Sec. 6117.44. The A county or municipal corporation OTHER 3,806
PUBLIC AGENCY receiving the compensation provided for in section 3,808
6117.42 of the Revised Code shall credit the amount so received 3,809
to the proper fund to be applied towards USED FOR the 3,811
ACQUISITION, construction, or OPERATION AND maintenance, as the 3,812
case may be, of the sewer and other works to be so jointly used 3,813
SANITARY OR DRAINAGE FACILITIES OR FOR OTHER AUTHORIZED PURPOSES. 3,814
Sec. 6117.45. No person OR PUBLIC AGENCY shall tamper with 3,823
or damage any sewer or sewage disposal plant SANITARY OR DRAINAGE 3,825
FACILITY ACQUIRED OR constructed BY A COUNTY under sections 3,826
6117.01 to 6117.45, inclusive, of the Revised Code, THIS CHAPTER 3,827
or any apparatus or accessory connected therewith WITH IT or 3,829
80
pertaining thereto TO IT, or make any connection into any such 3,830
sewer or sewage disposal plant OR WITH THE FACILITY, without THE 3,832
permission of the board of county commissioners or in a manner or 3,834
for a use other than as prescribed by such THE board. No person 3,835
OR PUBLIC AGENCY shall refuse to permit the inspection by the 3,837
county sanitary engineer of any such connection. No person OR 3,838
PUBLIC AGENCY shall violate sections 6117.01 to 6117.45, 3,840
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS
CHAPTER. 3,841
All fines collected under division (A) of section 6117.99 3,843
of the Revised Code shall be paid into TO the county treasury 3,844
TREASURER and credited to any county sewer improvement or 3,845
maintenance THE fund as THAT the board directs DETERMINES TO BE 3,847
MOST APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF 3,848
THE PARTICULAR VIOLATIONS. 3,849
Sec. 6117.49. (A) IF THE BOARD OF COUNTY COMMISSIONERS 3,851
DETERMINES BY RESOLUTION THAT THE BEST INTERESTS OF THE COUNTY 3,852
AND THOSE SERVED BY THE SANITARY OR DRAINAGE FACILITIES OF A 3,853
COUNTY SEWER DISTRICT SO REQUIRE, THE BOARD MAY SELL OR OTHERWISE 3,854
DISPOSE OF THE FACILITIES TO ANOTHER PUBLIC AGENCY OR A PERSON. 3,855
THE RESOLUTION DECLARING THE NECESSITY OF THAT DISPOSITION SHALL 3,856
RECITE THE REASONS FOR THE SALE OR OTHER DISPOSITION AND SHALL 3,857
ESTABLISH ANY CONDITIONS OR TERMS THAT THE BOARD MAY IMPOSE,
INCLUDING, BUT NOT LIMITED TO, A MINIMUM SALES PRICE IF A SALE IS 3,858
PROPOSED, A REQUIREMENT FOR THE SUBMISSION BY BIDDERS OF THE 3,859
SCHEDULE OF RATES AND CHARGES INITIALLY PROPOSED TO BE PAID FOR 3,860
THE SERVICES OF THE FACILITIES, AND OTHER PERTINENT CONDITIONS OR 3,861
TERMS RELATING TO THE SALE OR OTHER DISPOSITION. THE RESOLUTION
ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING OF 3,862
OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. NOTICE 3,863
OF THE ADOPTION OF THE RESOLUTION AND THE TIME AND PLACE OF THE 3,864
HEARING SHALL BE PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS 3,865
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE SEWER DISTRICT AND 3,866
IN THE COUNTY. THE PUBLIC HEARING ON THE SALE OR OTHER
81
DISPOSITION SHALL BE HELD NOT LESS THAN TWENTY-FOUR DAYS 3,867
FOLLOWING THE DATE OF FIRST PUBLICATION OF THE NOTICE. A COPY OF 3,868
THE NOTICE ALSO SHALL BE SENT BY FIRST CLASS OR CERTIFIED MAIL, 3,869
ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, TO ANY PUBLIC 3,870
AGENCY WITHIN THE AREA SERVED BY THE FACILITIES. AT THE PUBLIC 3,871
HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER
PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL HEAR 3,872
ALL INTERESTED PARTIES. A PERIOD OF FIVE DAYS SHALL BE GIVEN 3,873
FOLLOWING THE COMPLETION OF THE HEARING FOR THE FILING OF WRITTEN 3,874
OBJECTIONS BY ANY INTERESTED PERSONS OR PUBLIC AGENCIES TO THE 3,875
SALE OR OTHER DISPOSITION, AFTER WHICH THE BOARD SHALL CONSIDER 3,876
ANY OBJECTIONS AND BY RESOLUTION DETERMINE WHETHER OR NOT TO 3,877
PROCEED WITH THE SALE OR OTHER DISPOSITION. IF THE BOARD 3,878
DETERMINES TO PROCEED WITH THE SALE OR OTHER DISPOSITION, IT 3,879
SHALL RECEIVE BIDS AFTER ADVERTISING ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 3,880
COUNTY AND, SUBJECT TO THE RIGHT OF THE BOARD TO REJECT ANY OR 3,881
ALL BIDS, MAY MAKE AN AWARD TO A RESPONSIBLE BIDDER WHOSE 3,882
PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS 3,883
OF THE COUNTY AND THOSE SERVED BY THE FACILITIES.
(B) A CONVEYANCE OF SANITARY OR DRAINAGE FACILITIES BY A 3,885
COUNTY TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 3,886
OF SECTION 6117.05 OF THE REVISED CODE MAY BE MADE WITHOUT REGARD 3,887
TO DIVISION (A) OF THIS SECTION. 3,888
Sec. 6119.36. For IN LIEU OF SUBMITTING TO THE ELECTORS 3,897
FOR APPROVAL THE QUESTION OF A TAX LEVY OUTSIDE THE TEN-MILL 3,898
LIMITATION AND LEVYING THAT TAX FOLLOWING APPROVAL, AS PROVIDED 3,899
FOR IN SECTIONS 6119.31 AND 6119.32 OF THE REVISED CODE, THE 3,900
BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES, AS DEFINED IN 3,901
SECTION 133.01 OF THE REVISED CODE, INCLUDING ANTICIPATORY
SECURITIES, FOR the purposes PURPOSE of paying the cost of the 3,902
preparation of the data, including plans, specifications, 3,903
surveys, and maps needed or determined TO BE necessary OR 3,904
APPROPRIATE in order to plan for the proper supply, purification, 3,907
82
filtration, and distribution of water or, THE proper collection 3,908
and, treatment, AND DISPOSAL of sewage, OR THE PROPER COLLECTION, 3,910
CONTROL, ABATEMENT, OR TREATMENT OF SURFACE AND SUBSURFACE
DRAINAGE, EACH AND ALL within the LIMITS OF THE county or a part 3,912
thereof OF THE COUNTY or beyond the limits of the county but 3,913
within the same drainage area as is in part within the county, 3,914
and, if the board of county commissioners determines that the 3,915
funds allocated for general operating expenses of the county are 3,916
insufficient to pay the operating expenses for the current year 3,917
and the cost of the preparation of such data, the board in lieu 3,918
of the submission of the question of a levy to the voters and the 3,919
levy of a tax outside the ten-mill limitation as provided for in 3,920
sections 6119.31 and 6119.32 of the Revised Code may issue bonds 3,921
of such subdivision IT TO BE NECESSARY OR APPROPRIATE, FOR THE 3,922
PURPOSE OF PAYING THE COSTS OF ACQUIRING REAL ESTATE OR INTERESTS 3,923
IN REAL ESTATE FOR IMPROVEMENTS FOR ONE OR MORE OF THOSE 3,924
PURPOSES. THE DATA MAY INCLUDE, BUT ARE NOT LIMITED TO, PLANS, 3,925
SPECIFICATIONS, ESTIMATES OF COST, DRILLINGS, MAPS, SOUNDINGS, 3,926
SURVEYS, AND TENTATIVE ASSESSMENTS AGAINST PROPERTIES THAT ARE
POTENTIALLY BENEFITED. THE SECURITIES SHALL BE in an amount not 3,927
exceeding the total estimated cost of the preparation of such 3,929
data to defray the expense of such data AND OF MAKING ANY 3,930
ACQUISITIONS OF REAL ESTATE OR INTERESTS IN REAL ESTATE, TOGETHER 3,931
WITH ALL OTHER ITEMS OF COST THAT ARE INCIDENT TO THAT 3,933
PREPARATION OR THOSE ACQUISITIONS AND THAT ARE DESCRIBED IN
DIVISION (B) OF SECTION 133.15 OF THE REVISED CODE. 3,935
PRIOR TO THE ISSUANCE OR THE FIRST ISSUANCE OF THE 3,937
SECURITIES, THE BOARD SHALL DETERMINE THAT THE FUNDS ALLOCATED 3,938
FOR GENERAL OPERATING EXPENSES OF THE COUNTY ARE INSUFFICIENT TO 3,939
PAY BOTH THOSE OPERATING EXPENSES FOR THE CURRENT YEAR AND THE 3,940
TOTAL ESTIMATED COST TO BE FINANCED UNDER AUTHORITY OF THIS
SECTION. 3,941
The SECURITIES SHALL BE CHAPTER 133. SECURITIES, AND THEIR 3,944
issuance of the bonds, or notes in anticipation thereof, shall be 3,945
83
subject to Chapter 133. of the Revised Code THAT CHAPTER, except 3,947
that the MAXIMUM maturity of the bonds SECURITIES shall not 3,948
extend beyond a period of EXCEED ten years. The proceeds of 3,949
bonds, or notes in anticipation thereof, SECURITIES issued for 3,950
the purpose of paying costs of the improvements for which such 3,952
THE data has been IS prepared, OR FOR WHICH ANY ACQUISITION OF 3,953
REAL ESTATE OR INTEREST IN REAL ESTATE IS MADE may be issued 3,955
APPLIED, WITHOUT REDUCTION OF THEIR MAXIMUM MATURITY, to retire 3,956
notes ANTICIPATORY SECURITIES issued pursuant to this section. 3,957
All moneys raised by the issuance of bonds and notes 3,959
SECURITIES pursuant to this section shall be appropriated for 3,960
APPLIED TO the purpose of preparing such data as PURPOSES 3,962
provided for in section 6119.31 of the Revised Code AND IN THIS 3,964
SECTION.
Section 2. That existing sections 133.15, 315.14, 5555.01, 3,966
5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 3,967
6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 3,969
6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 3,970
6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 3,971
6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 3,972
6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 3,973
6117.42, 6117.43, 6117.44, 6117.45, and 6119.36 and sections 3,974
6103.09 and 6117.26 of the Revised Code are hereby repealed. 3,975
Section 3. The amendments and enactments made by Sections 3,977
1 and 2 of this act shall apply, insofar as their provisions 3,978
support them, to any proceedings, including proceedings defined 3,980
in section 133.01 of the Revised Code, that on the effective date 3,981
of this act are pending, in progress, or complete and that are 3,982
supplemented to provide or confirm compliance with or support by 3,983
the provisions of those amendments and enactments as if they had 3,984
been in effect at the time of those proceedings, and also apply 3,985
to the public obligations authorized, issued, or incurred
pursuant to those proceedings, notwithstanding the applicable law 3,986
previously in effect or any provision to the contrary in a prior 3,987
84
resolution, ordinance, order, advertisement, notice, or other 3,988
proceeding. Any proceedings pending or in progress on the 3,989
effective date of this act, and public obligations authorized,
sold, issued, incurred, delivered, and if applicable, validated 3,990
pursuant to those proceedings, shall be deemed to have been 3,991
taken, and authorized, sold, issued, incurred, delivered, and 3,992
validated, in conformity with those amendments and enactments. 3,993
The authority provided by Sections 1 and 2 of this act 3,995
provides additional and supplemental provisions for the subject 3,996
matter that also may be the subject of other laws and is 3,997
supplemental to and not in derogation of any similar authority 3,998
provided by, derived from, or implied by the Ohio Constitution or
any other law, including sections of the Revised Code amended by 3,999
this act, or any charter, order, resolution, or ordinance, and no 4,000
inference shall be drawn to negate the authority under them by 4,001
reason of express provisions contained in Section 1 of this act. 4,003
The provisions of the Revised Code amended or repealed by 4,005
this act shall be deemed to remain applicable to public 4,006
obligations issued or incurred pursuant to or in reliance on them 4,007
prior to the effective date of those amendments or repeals. 4,008